IIC 

June 27, 2013 

Ordered to be printed as passed 

113TH CONGRESS 

1ST SESSION S. 744 

AN ACT 

To provide for comprehensive immigration reform and for 

other purposes. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Border Security, Economic Opportunity, and Immigra4 tion Modernization Act’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Statement of congressional findings. 

Sec. 3. Effective date triggers. 

Sec. 4. Southern Border Security Commission. 

Sec. 5. Comprehensive Southern Border Security Strategy and Southern Border Fencing Strategy. 

Sec. 6. Comprehensive Immigration Reform Funds. 

Sec. 7. Reference to the Immigration and Nationality Act. 

Sec. 8. Definitions. 

Sec. 9. Grant accountability. 

TITLE I—BORDER SECURITY AND OTHER PROVISIONS 

Subtitle A—Border Security 

Sec. 1101. Definitions. 

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

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

Sec. 1104. Enhancement of existing border security operations. 

Sec. 1105. Border security on certain Federal land. 

Sec. 1106. Equipment and technology. 

Sec. 1107. Access to emergency personnel. 

Sec. 1108. Southwest Border Region Prosecution Initiative. 

Sec. 1109. Interagency collaboration. 

Sec. 1110. State Criminal Alien Assistance Program. 

Sec. 1111. Use of force. 

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

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

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

of Homeland Security. 

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

Sec. 1116. Oversight of power to enter private land and stop vehicles without 

a warrant at the Northern border. 

Sec. 1117. Reports. 

Sec. 1118. Severability and delegation. 

Sec. 1119. Prohibition on new land border crossing fees. 

Sec. 1120. Human Trafficking Reporting. 

Sec. 1121. Rule of construction. 

Sec. 1122. Limitations on dangerous deportation practices. 

Sec. 1123. Maximum allowable costs of salaries of contractor employees. 

Subtitle B—Other Matters 


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Sec. 1201. Removal of nonimmigrants who overstay their visas. 

Sec. 1202. Visa overstay notification pilot program. 

Sec. 1203. Preventing unauthorized immigration transiting through Mexico. 

TITLE II—IMMIGRANT VISAS 

Subtitle A—Registration and Adjustment of Registered Provisional 

Immigrants 

Sec. 2101. Registered provisional immigrant status. 

Sec. 2102. Adjustment of status of registered provisional immigrants. 

Sec. 2103. The DREAM Act. 

Sec. 2104. Additional requirements. 

Sec. 2105. Criminal penalty. 

Sec. 2106. Grant program to assist eligible applicants. 

Sec. 2107. Conforming amendments to the Social Security Act. 

Sec. 2108. Government contracting and acquisition of real property interest. 

Sec. 2109. Long-term legal residents of the Commonwealth of the Northern 

Mariana Islands. 

Sec. 2110. Rulemaking. 

Sec. 2111. Statutory construction. 

Subtitle B—Agricultural Worker Program 

Sec. 2201. Short title. 

Sec. 2202. Definitions. 

CHAPTER 1—PROGRAM FOR EARNED STATUS ADJUSTMENT OF

AGRICULTURAL WORKERS

SUBCHAPTER A—BLUE CARD STATUS

Sec. 2211. Requirements for blue card status. 

Sec. 2212. Adjustment to permanent resident status. 

Sec. 2213. Use of information. 

Sec. 2214. Reports on blue cards. 

Sec. 2215. Authorization of appropriations. 

SUBCHAPTER B—CORRECTION OF SOCIAL SECURITY RECORDS

Sec. 2221. Correction of social security records. 

CHAPTER 2—NONIMMIGRANT AGRICULTURAL VISA PROGRAM

Sec. 2231. Nonimmigrant classification for nonimmigrant agricultural workers. 

Sec. 2232. Establishment of nonimmigrant agricultural worker program. 

Sec. 2233. Transition of H–2A Worker Program. 

Sec. 2234. Reports to Congress on nonimmigrant agricultural workers. 

CHAPTER 3—OTHER PROVISIONS

Sec. 2241. Rulemaking. 

Sec. 2242. Reports to Congress. 

Sec. 2243. Benefits integrity programs. 

Sec. 2244. Effective date. 

Subtitle C—Future Immigration 

Sec. 2301. Merit-based points track one. 


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Sec. 2302. Merit-based track two. 

Sec. 2303. Repeal of the diversity visa program. 

Sec. 2304. Worldwide levels and recapture of unused immigrant visas. 

Sec. 2305. Reclassification of spouses and minor children of lawful permanent 

residents as immediate relatives. 

Sec. 2306. Numerical limitations on individual foreign states. 

Sec. 2307. Allocation of immigrant visas. 

Sec. 2308. Inclusion of communities adversely affected by a recommendation of 

the Defense Base Closure and Realignment Commission as targeted employment areas. 

Sec. 2309. V nonimmigrant visas. 

Sec. 2310. Fiance ́e and fiance ́ child status protection. 

Sec. 2311. Equal treatment for all stepchildren. 

Sec. 2312. Modification of adoption age requirements. 

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

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

Sec. 2315. Waivers of inadmissibility. 

Sec. 2316. Continuous presence. 

Sec. 2317. Global health care cooperation. 

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

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

program. 

Sec. 2320. Special Immigrant Nonminister Religious Worker Program. 

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

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

II. 

Sec. 2323. Ensuring compliance with restrictions on welfare and public benefits 

for aliens. 

Subtitle D—Conrad State 30 and Physician Access 

Sec. 2401. Conrad State 30 Program. 

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

communities. 

Sec. 2403. Employment protections for physicians. 

Sec. 2404. Allotment of Conrad 30 waivers. 

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

Subtitle E—Integration 

Sec. 2501. Definitions. 

CHAPTER 1—CITIZENSHIP AND NEW AMERICANS

SUBCHAPTER A—OFFICE OF CITIZENSHIP AND NEW AMERICANS

Sec. 2511. Office of Citizenship and New Americans. 

SUBCHAPTER B—TASK FORCE ON NEW AMERICANS

Sec. 2521. Establishment. 

Sec. 2522. Purpose. 

Sec. 2523. Membership. 

Sec. 2524. Functions. 


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CHAPTER 2—PUBLIC-PRIVATE PARTNERSHIP

Sec. 2531. Establishment of United States Citizenship Foundation. 

Sec. 2532. Funding. 

Sec. 2533. Purposes. 

Sec. 2534. Authorized activities. 

Sec. 2535. Council of directors. 

Sec. 2536. Powers. 

Sec. 2537. Initial Entry, Adjustment, and Citizenship Assistance Grant Program. 

Sec. 2538. Pilot program to promote immigrant integration at State and local 

levels. 

Sec. 2539. Naturalization ceremonies. 

CHAPTER 3—FUNDING

Sec. 2541. Authorization of appropriations. 

CHAPTER 4—REDUCE BARRIERS TO NATURALIZATION

Sec. 2551. Waiver of English requirement for senior new Americans. 

Sec. 2552. Filing of applications not requiring regular internet access. 

Sec. 2553. Permissible use of assisted housing by battered immigrants. 

Sec. 2554. United States citizenship for internationally adopted individuals. 

Sec. 2555. Treatment of certain persons as having satisfied English and civics, 

good moral character, and honorable service and discharge requirements for naturalization. 

TITLE III—INTERIOR ENFORCEMENT 

Subtitle A—Employment Verification System 

Sec. 3101. Unlawful employment of unauthorized aliens. 

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

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

Sec. 3104. Responsibilities of the Social Security Administration. 

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

citizenship status. 

Sec. 3106. Rulemaking. 

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

Subtitle B—Protecting United States Workers 

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

law or crime. 

Sec. 3202. Employment Verification System Education Funding. 

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

Subtitle C—Other Provisions 

Sec. 3301. Funding. 

Sec. 3302. Effective date. 

Sec. 3303. Mandatory exit system. 

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

and non-crew onboard departing aircraft and vessels. 

Sec. 3305. Profiling. 

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


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Subtitle D—Asylum and Refugee Provisions 

Sec. 3400. Short title. 

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

Sec. 3402. Refugee family protections. 

Sec. 3403. Clarification on designation of certain refugees. 

Sec. 3404. Asylum determination efficiency. 

Sec. 3405. Stateless persons in the United States. 

Sec. 3406. U visa accessibility. 

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

Sec. 3408. Representation at overseas refugee interviews. 

Sec. 3409. Law enforcement and national security checks. 

Sec. 3410. Tibetan refugee assistance. 

Sec. 3411. Termination of asylum or refugee status. 

Sec. 3412. Asylum clock. 

Subtitle E—Shortage of Immigration Court Resources for Removal 

Proceedings 

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

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

Sec. 3503. Office of Legal Access Programs. 

Sec. 3504. Codifying Board of Immigration Appeals. 

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

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

Board of Immigration Appeals. 

Sec. 3507. Transfer of responsibility for trafficking protections. 

Subtitle F—Prevention of Trafficking in Persons and Abuses Involving 

Workers Recruited Abroad 

Sec. 3601. Definitions. 

Sec. 3602. Disclosure. 

Sec. 3603. Prohibition on discrimination. 

Sec. 3604. Recruitment fees. 

Sec. 3605. Registration. 

Sec. 3606. Bonding requirement. 

Sec. 3607. Maintenance of lists. 

Sec. 3608. Amendment to the Immigration and Nationality Act. 

Sec. 3609. Responsibilities of Secretary of State. 

Sec. 3610. Enforcement provisions. 

Sec. 3611. Detecting and preventing child trafficking. 

Sec. 3612. Protecting child trafficking victims. 

Sec. 3613. Rule of construction. 

Sec. 3614. Regulations. 

Subtitle G—Interior Enforcement 

Sec. 3701. Criminal street gangs. 

Sec. 3702. Banning habitual drunk drivers from the United States. 

Sec. 3703. Sexual abuse of a minor. 

Sec. 3704. Illegal entry. 

Sec. 3705. Reentry of removed alien. 

Sec. 3706. Penalties relating to vessels and aircraft. 

Sec. 3707. Reform of passport, visa, and immigration fraud offenses. 


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Sec. 3708. Combating schemes to defraud aliens. 

Sec. 3709. Inadmissibility and removal for passport and immigration fraud offenses. 

Sec. 3710. Directives related to passport and document fraud. 

Sec. 3711. Inadmissible aliens. 

Sec. 3712. Organized and abusive human smuggling activities. 

Sec. 3713. Preventing criminals from renouncing citizenship during wartime. 

Sec. 3714. Diplomatic security service. 

Sec. 3715. Secure alternatives programs. 

Sec. 3716. Oversight of detention facilities. 

Sec. 3717. Procedures for bond hearings and filing of notices to appear. 

Sec. 3718. Sanctions for countries that delay or prevent repatriation of their 

nationals. 

Sec. 3719. Gross violations of human rights. 

Sec. 3720. Reporting and record keeping requirements relating to the detention 

of aliens. 

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

Subtitle H—Protection of Children Affected by Immigration Enforcement 

Sec. 3801. Short title. 

Sec. 3802. Definitions. 

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

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

and consular officials. 

Sec. 3805. Mandatory training. 

Sec. 3806. Rulemaking. 

Sec. 3807. Severability. 

Subtitle I—Providing Tools To Exchange Visitors and Exchange Visitor 

Sponsors To Protect Exchange Visitor Program Participants and Prevent 

Trafficking 

Sec. 3901. Definitions. 

Sec. 3902. Disclosure. 

Sec. 3903. Prohibition on discrimination. 

Sec. 3904. Fees. 

Sec. 3905. Annual notification. 

Sec. 3906. Bonding requirement. 

Sec. 3907. Maintenance of lists. 

Sec. 3908. Amendment to the Immigration and Nationality Act. 

Sec. 3909. Responsibilities of Secretary of State. 

Sec. 3910. Enforcement provisions. 

Sec. 3911. Audits and transparency. 

TITLE IV—REFORMS TO NONIMMIGRANT VISA PROGRAMS 

Subtitle A—Employment-based Nonimmigrant Visas 

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

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

Sec. 4103. Eliminating impediments to worker mobility. 

Sec. 4104. STEM education and training. 

Sec. 4105. H–1B and L Visa fees. 


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

CHAPTER 1—H–1B EMPLOYER APPLICATION REQUIREMENTS

Sec. 4211. Modification of application requirements. 

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

Sec. 4213. New application requirements. 

Sec. 4214. Application review requirements. 

CHAPTER 2—INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST H– 

1B EMPLOYERS

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

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

Sec. 4223. Initiation of investigations. 

Sec. 4224. Information sharing. 

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

CHAPTER 3—OTHER PROTECTIONS

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

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

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

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

Sec. 4235. Technical correction. 

Sec. 4236. Application. 

Sec. 4237. Portability for beneficiaries of immigrant petitions. 

Subtitle C—L Visa Fraud and Abuse Protections 

Sec. 4301. Prohibition on outplacement of L nonimmigrants. 

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

Sec. 4303. Cooperation with Secretary of State. 

Sec. 4304. Limitation on employment of L nonimmigrants. 

Sec. 4305. Filing fee for L nonimmigrants. 

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

employers. 

Sec. 4307. Penalties. 

Sec. 4308. Prohibition on retaliation against L nonimmigrants. 

Sec. 4309. Reports on L nonimmigrants. 

Sec. 4310. Application. 

Sec. 4311. Report on L blanket petition process. 

Subtitle D—Other Nonimmigrant Visas 

Sec. 4401. Nonimmigrant visas for students. 

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

Sec. 4403. E–visa reform. 

Sec. 4404. Other changes to nonimmigrant visas. 

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

Sec. 4406. Nonimmigrant elementary and secondary school students. 

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

Sec. 4408. J visa eligibility. 

Sec. 4409. F–1 Visa fee. 

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


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

requiring heightened scrutiny of applications for admission 

from persons listed on terrorist databases. 

Sec. 4412. Visa revocation information. 

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

Sec. 4414. Nonimmigrant crewmen landing temporarily in Hawaii. 

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

Sec. 4416. International participation in the performing arts. 

Sec. 4417. Limitation on eligibility of certain nonimmigrants for health-related 

programs. 

Subtitle E—JOLT Act 

Sec. 4501. Short titles. 

Sec. 4502. Premium processing. 

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

Sec. 4504. Retiree visa. 

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

peak seasons. 

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

Sec. 4507. Expediting entry for priority visitors. 

Sec. 4508. Visa processing. 

Sec. 4509. B Visa fee. 

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

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

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

Sec. 4603. Executives and managers. 

Sec. 4604. Honoraria. 

Sec. 4605. Nonimmigrants participating in relief operations. 

Sec. 4606. Nonimmigrants performing maintenance on common carriers. 

Sec. 4607. American jobs in American forests. 

Subtitle G—W Nonimmigrant Visas 

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

Sec. 4702. Nonimmigrant classification for W nonimmigrants. 

Sec. 4703. Admission of W nonimmigrant workers. 

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

Technologies 

Sec. 4801. Nonimmigrant INVEST visas. 

Sec. 4802. INVEST immigrant visa. 

Sec. 4803. Administration and oversight. 

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

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

immigrants, spouses, and children. 

Sec. 4806. EB–5 Visa reforms. 

Sec. 4807. Authorization of appropriations. 

Subtitle I—Student and Exchange Visitor Programs 

Sec. 4901. Short title. 

Sec. 4902. SEVIS and SEVP defined. 


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Sec. 4903. Increased criminal penalties. 

Sec. 4904. Accreditation requirement. 

Sec. 4905. Other academic institutions. 

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

Sec. 4907. Visa fraud. 

Sec. 4908. Background checks. 

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

Sec. 4910. Revocation of accreditation. 

Sec. 4911. Report on risk assessment. 

Sec. 4912. Implementation of GAO recommendations. 

Sec. 4913. Implementation of SEVIS II. 

TITLE V—JOBS FOR YOUTH 

Sec. 5101. Definitions. 

Sec. 5102. Establishment of Youth Jobs Fund. 

Sec. 5103. Summer employment and year-round employment opportunities for 

low-income youth. 

Sec. 5104. General requirements. 

Sec. 5105. Visa surcharge. 

1 SEC. 2. STATEMENT OF CONGRESSIONAL FINDINGS. 

2 Congress makes the following findings: 

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

4 primary tenets of its success depend on securing the 

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

7 those who seek to join American society. 

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

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

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

12 to harness the power of that tradition in a balanced 

13 way that secures a more prosperous future for 

14 America. 

15 (3) We have always welcomed newcomers to the 

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


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1 order to qualify for the honor and privilege of even2 tual citizenship, our laws must be followed. The 

3 world depends on America to be strong—economi4 cally, militarily and ethically. The establishment of a 

5 stable, just, and efficient immigration system only 

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

7 and responsibility to make our borders safe, to es8 tablish clear and just rules for seeking citizenship, to 

9 control the flow of legal immigration, and to elimi10 nate illegal immigration, which in some cases has be11 come a threat to our national security. 

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

13 right and need of the United States to achieve these 

14 goals, and to protect its borders and maintain its 

15 sovereignty. 

16 SEC. 3. EFFECTIVE DATE TRIGGERS. 

17 (a) DEFINITIONS.—In this section: 

18 (1) COMMISSION.—The term ‘‘Commission’’ 

19 means the Southern Border Security Commission es20 tablished pursuant to section 4. 

21 (2) COMPREHENSIVE SOUTHERN BORDER SECU22 RITY STRATEGY.—The term ‘‘Comprehensive South23 ern Border Security Strategy’’ means the strategy 

24 established by the Secretary pursuant to section 5(a) 


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1 to achieve and maintain an effectiveness rate of 90 

2 percent or higher in all border sectors. 

3 (3) EFFECTIVE CONTROL.—The term ‘‘effective 

4 control’’ means the ability to achieve and maintain, 

5 in a Border Patrol sector— 

6 (A) persistent surveillance; and 

7 (B) an effectiveness rate of 90 percent or 

8 higher. 

9 (4) EFFECTIVENESS RATE.—The ‘‘effectiveness 

10 rate’’, in the case of a border sector, is the percent11 age calculated by dividing the number of apprehen12 sions and turn backs in the sector during a fiscal 

13 year by the total number of illegal entries in the sec14 tor during such fiscal year. 

15 (5) SOUTHERN BORDER.—The term ‘‘Southern 

16 border’’ means the international border between the 

17 United States and Mexico. 

18 (6) SOUTHERN BORDER FENCING STRATEGY.— 

19 The term ‘‘Southern Border Fencing Strategy’’ 

20 means the strategy established by the Secretary pur21 suant to section 5(b) that identifies where fencing 

22 (including double-layer fencing), infrastructure, and 

23 technology, including at ports of entry, should be de24 ployed along the Southern border. 


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

2 border security goal is to achieve and maintain effective 

3 control in all border sectors along the Southern border. 

4 (c) TRIGGERS.— 

5 (1) PROCESSING OF APPLICATIONS FOR REG6 ISTERED PROVISIONAL IMMIGRANT STATUS.—Not 

7 earlier than the date upon which the Secretary has 

8 submitted to Congress the Notice of Commencement 

9 of implementation of the Comprehensive Southern 

10 Border Security Strategy and the Southern Border 

11 Fencing Strategy under section 5 of this Act, the 

12 Secretary may commence processing applications for 

13 registered provisional immigrant status pursuant to 

14 section 245B of the Immigration and Nationality 

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

16 (2) ADJUSTMENT OF STATUS OF REGISTERED

17 PROVISIONAL IMMIGRANTS.— 

18 (A) IN GENERAL.—Except as provided in 

19 subparagraph (B), the Secretary may not ad20 just the status of aliens who have been granted 

21 registered provisional immigrant status, except 

22 for aliens granted blue card status under sec23 tion 2201 of this Act or described in section 

24 245D(b) of the Immigration and Nationality 

25 Act, until 6 months after the date on which the 


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1 Secretary, after consultation with the Attorney 

2 General, the Secretary of Defense, the Inspec3 tor General of the Department, and the Comp4 troller General of the United States, submits to 

5 the President and Congress a written certifi6 cation that— 

7 (i) the Comprehensive Southern Bor8 der Security Strategy— 

9 (I) has been submitted to Con10 gress and includes minimum require11 ments described under paragraph (3), 

12 (4), and (5) of section 5(a); 

13 (II) is deployed and operational 

14 (for purposes of this clause the term 

15 ‘‘operational’’ means the technology, 

16 infrastructure, and personnel, deemed 

17 necessary by the Secretary, in con18 sultation with the Attorney General 

19 and the Secretary of Defense, and the 

20 Comptroller General, and includes the 

21 technology described under section 

22 5(a)(3) to achieve effective control of 

23 the Southern border, has been pro24 cured, funded, and is in current use 

25 by the Department to achieve effective 


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1 control, except in the event of routine 

2 maintenance, de minimis non-deploy3 ment, or natural disaster that would 

4 prevent the use of such assets); 

5 (ii) the Southern Border Fencing 

6 Strategy has been submitted to Congress 

7 and implemented, and as a result the Sec8 retary will certify that there is in place 

9 along the Southern Border no fewer than 

10 700 miles of pedestrian fencing which will 

11 include replacement of all currently exist12 ing vehicle fencing on non-tribal lands on 

13 the Southern Border with pedestrian fenc14 ing where possible, and after this has been 

15 accomplished may include a second layer of 

16 pedestrian fencing in those locations along 

17 the Southern Border which the Secretary 

18 deems necessary or appropriate; 

19 (iii) the Secretary has implemented 

20 the mandatory employment verification 

21 system required by section 274A of the 

22 Immigration and Nationality Act (8 

23 U.S.C.1324a), as amended by section 

24 3101, for use by all employers to prevent 


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1 unauthorized workers from obtaining em2 ployment in the United States; 

3 (iv) the Secretary is using the elec4 tronic exit system created by section 

5 3303(a)(1) at all international air and sea 

6 ports of entry within the United States 

7 where U.S. Customs and Border Protec8 tion officers are currently deployed; and 

9 (v) no fewer than 38,405 trained full10 time active duty U.S. Border Patrol agents 

11 are deployed, stationed, and maintained 

12 along the Southern Border. 

13 (B) EXCEPTION.—The Secretary shall per14 mit registered provisional immigrants to apply 

15 for an adjustment to lawful permanent resident 

16 status if— 

17 (i)(I) litigation or a force majeure has 

18 prevented 1 or more of the conditions de19 scribed in clauses (i) through (iv) of sub20 paragraph (A) from being implemented; or 

21 (II) the implementation of subpara22 graph (A) has been held unconstitutional 

23 by the Supreme Court of the United States 

24 or the Supreme Court has granted certio25 rari to the litigation on the constituVerDate Mar 15 2010 19:31 Jul 09, 2013 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S744.PAP S744

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1 tionality of implementation of subpara2 graph (A); and 

3 (ii) 10 years have elapsed since the 

4 date of the enactment of this Act. 

5 (d) WAIVER OF LEGAL REQUIREMENTS NECESSARY

6 FOR IMPROVEMENT AT BORDERS.—Notwithstanding any 

7 other provision of law, the Secretary is authorized to waive 

8 all legal requirements that the Secretary determines to be 

9 necessary to ensure expeditious construction of the bar10 riers, roads, or other physical tactical infrastructure need11 ed to fulfill the requirements under this section. Any de12 termination by the Secretary under this section shall be 

13 effective upon publication in the Federal Register of a no14 tice that specifies each law that is being waived and the 

15 Secretary’s explanation for the determination to waive 

16 that law. The waiver shall expire on the later of the date 

17 on which the Secretary submits the written certification 

18 that the Southern Border Fencing Strategy is substan19 tially completed as specified in subsection (c)(2)(A)(ii) or 

20 the date that the Secretary submits the written certifi21 cation that the Comprehensive Southern Border Security 

22 Strategy is substantially deployed and substantially oper23 ational as specified in subsection (c)(2)(A)(i). 

24 (e) FEDERAL COURT REVIEW.— 


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1 (1) IN GENERAL.—The district courts of the 

2 United States shall have exclusive jurisdiction to 

3 hear all causes or claims arising from any action un4 dertaken, or any decision made, by the Secretary 

5 under subsection (d). A cause of action or claim may 

6 only be brought alleging a violation of the Constitu7 tion of the United States. The court does not have 

8 jurisdiction to hear any claim not specified in this 

9 paragraph. 

10 (2) TIME FOR FILING COMPLAINT.—If a cause 

11 or claim under paragraph (1) is not filed within 60 

12 days after the date of the contested action or deci13 sion by the Secretary, the claim shall be barred. 

14 (3) APPELLATE REVIEW.—An interlocutory or 

15 final judgment, decree, or order of the district court 

16 may be reviewed only upon petition for a writ of cer17 tiorari to the Supreme Court of the United States. 

18 SEC. 4. SOUTHERN BORDER SECURITY COMMISSION. 

19 (a) ESTABLISHMENT.— 

20 (1) IN GENERAL.—No later than the date that 

21 is 1 year after the date of the enactment of this Act, 

22 there is established a commission to be known as the 

23 ‘‘Southern Border Security Commission’’ (referred 

24 to in this section as the ‘‘Commission’’). 


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1 (2) EXPENDITURES AND REPORT.—Only if the 

2 Secretary cannot certify that the Department has 

3 achieved effective control in all border sectors for at 

4 least 1 fiscal year before the date that is 5 years 

5 after the date of the enactment of this Act— 

6 (A) the report described in subsection (d) 

7 shall be submitted; and 

8 (B) 60 days after such report is submitted, 

9 the funds made available in section 

10 6(a)(3)(A)(iii) may be expended (except as pro11 vided in subsection (i)). 

12 (b) COMPOSITION.— 

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

14 composed of— 

15 (A) 2 members who shall be appointed by 

16 the President; 

17 (B) 2 members who shall be appointed by 

18 the President pro tempore of the Senate, of 

19 which— 

20 (i) 1 shall be appointed upon the rec21 ommendation of the leader in the Senate of 

22 the political party that is not the political 

23 party of the President; and 


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1 (ii) 1 shall be appointed upon the rec2 ommendation of the leader in the Senate of 

3 the other political party; 

4 (C) 2 members who shall be appointed by 

5 the Speaker of the House of Representatives, of 

6 which— 

7 (i) 1 shall be appointed upon the rec8 ommendation of the leader in the House of 

9 Representatives of the political party that 

10 is not the political party of the President; 

11 and 

12 (ii) 1 shall be appointed upon the rec13 ommendation of the leader in the House of 

14 Representatives of the other political party; 

15 and 

16 (D) 5 members, consisting of 1 member 

17 from the Southwestern State of Nevada and 1 

18 member from each of the States along the 

19 Southern border, who shall be— 

20 (i) the Governor of such State; or 

21 (ii) appointed by the Governor of each 

22 such State. 

23 (2) QUALIFICATIONS FOR APPOINTMENT.—The 

24 members of the Commission shall be distinguished 

25 individuals noted for their knowledge and experience 


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1 in the field of border security at the Federal, State, 

2 or local level and may also include reputable individ3 uals who are landowners in the Southern border 

4 area with first-hand experience with border issues. 

5 (3) TIME OF APPOINTMENT.—The appoint6 ments required by paragraph (1) shall be made not 

7 later than 1 year after the date of the enactment of 

8 this Act. 

9 (4) CHAIR.—At the first meeting of the Com10 mission, a majority of the members of the Commis11 sion present and voting shall elect the Chair of the 

12 Commission. 

13 (5) VACANCIES.—Any vacancy of the Commis14 sion shall not affect its powers, but shall be filled in 

15 the manner in which the original appointment was 

16 made. 

17 (6) RULES.—The Commission shall establish 

18 the rules and procedures of the Commission which 

19 shall require the approval of at least 6 members of 

20 the Commission. 

21 (c) DUTIES.— 

22 (1) IN GENERAL.—The Commission’s primary 

23 responsibility shall be to make recommendations to 

24 the President, the Secretary, and Congress on poli25 cies to achieve and maintain the border security goal 


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1 specified in section 3(b) by achieving and maintain2 ing— 

3 (A) the capability to engage in, and engag4 ing in, persistent surveillance in border sectors 

5 along the Southern border; and 

6 (B) an effectiveness rate of 90 percent or 

7 higher in all border sectors along the Southern 

8 border. 

9 (2) PUBLIC HEARINGS.— 

10 (A) IN GENERAL.—The Commission shall 

11 convene at least 1 public hearing each year on 

12 border security. 

13 (B) REPORT.—The Commission shall pro14 vide a summary of each hearing convened pur15 suant to subparagraph (A) to the entities set 

16 out in subparagraphs (A) through (G) of sec17 tion 5(a)(1). 

18 (d) REPORT.—If required pursuant to subsection 

19 (a)(2)(B) and in no case earlier than the date that is 5 

20 years after the date of the enactment of this Act, the Com21 mission shall submit to the President, the Secretary, and 

22 Congress a report setting forth specific recommendations 

23 for policies for achieving and maintaining the border secu24 rity goals specified in subsection (c). The report shall in25 clude, at a minimum, recommendations for the personnel, 


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1 infrastructure, technology, and other resources required to 

2 achieve and maintain an effectiveness rate of 90 percent 

3 or higher in all border sectors. 

4 (e) TRAVEL EXPENSES.—Members of the Commis5 sion shall be allowed travel expenses, including per diem 

6 in lieu of subsistence rates authorized for employees of 

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

8 United States Code, while away from their homes or reg9 ular places of business in the performance of services for 

10 the Commission. 

11 (f) ADMINISTRATIVE SUPPORT.—The Secretary shall 

12 provide the Commission such staff and administrative 

13 services as may be necessary and appropriate for the Com14 mission to perform its functions. Any employee of the ex15 ecutive branch of Government may be detailed to the Com16 mission without reimbursement to the agency of that em17 ployee and such detail shall be without interruption or loss 

18 of civil service or status or privilege. 

19 (g) COMPTROLLER GENERAL REVIEW.—The Comp20 troller General of the United States shall review the rec21 ommendations in the report submitted under subsection 

22 (d) in order to determine— 

23 (1) whether any of the recommendations are 

24 likely to achieve effective control in all border sec25 tors; 


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1 (2) which recommendations are most likely to 

2 achieve effective control; and 

3 (3) whether such recommendations are feasible 

4 within existing budget constraints. 

5 (h) TERMINATION.—The Commission shall terminate 

6 10 years after the date of the enactment of this Act. 

7 (i) FUNDING.—The amounts made available under 

8 section 6(a)(3)(A)(iii) to carry out programs, projects, and 

9 activities recommended by the Commission may not be ex10 pended prior to the date that is 60 days after a report 

11 required by subsection (d) is submitted and, in no case, 

12 prior to 60 days after the date that is 5 years after the 

13 date of the enactment of this Act, except that funds made 

14 available under section 6(a)(3)(A)(iii) may be used for 

15 minimal administrative expenses directly associated with 

16 convening the public hearings required by subsection 

17 (c)(2)(A) and preparing and providing summaries of such 

18 hearings required by subsection (c)(2)(B). 

19 SEC. 5. COMPREHENSIVE SOUTHERN BORDER SECURITY 

20 STRATEGY AND SOUTHERN BORDER FENC21 ING STRATEGY. 

22 (a) COMPREHENSIVE SOUTHERN BORDER SECURITY

23 STRATEGY.— 

24 (1) IN GENERAL.—Not later than 180 days 

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1 retary, in consultation with the Attorney General 

2 and the Secretary of Defense, shall submit a strat3 egy, to be known as the ‘‘Comprehensive Southern 

4 Border Security Strategy’’, for achieving and main5 taining effective control between and at the ports of 

6 entry in all border sectors along the Southern bor7 der, to— 

8 (A) the Committee on Homeland Security 

9 and Governmental Affairs of the Senate; 

10 (B) the Committee on Homeland Security 

11 of the House of Representatives; 

12 (C) the Committee on Appropriations of 

13 the Senate; 

14 (D) the Committee on Appropriations of 

15 the House of Representatives; 

16 (E) the Committee on the Judiciary of the 

17 Senate; 

18 (F) the Committee on the Judiciary of the 

19 House of Representatives; 

20 (G) the Committee on Armed Services of 

21 the Senate; 

22 (H) the Committee on Armed Services of 

23 the House of Representatives; and 

24 (I) the Comptroller General of the United 

25 States. 


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1 (2) ELEMENTS.—The Comprehensive Southern 

2 Border Security Strategy shall specify— 

3 (A) the priorities that must be met for the 

4 strategy to be successfully executed; and 

5 (B) the capabilities required to meet each 

6 of the priorities referred to in subparagraph 

7 (A), including— 

8 (i) surveillance and detection capabili9 ties developed or used by the various De10 partments and Agencies for the Federal 

11 government for the purposes of enhancing 

12 the functioning and operational capability 

13 to conduct continuous and integrated 

14 manned or unmanned, monitoring, sensing, 

15 or surveillance of 100 percent of Southern 

16 border mileage or the immediate vicinity of 

17 the Southern border; 

18 (ii) the requirement for stationing suf19 ficient Border Patrol agents and Customs 

20 and Border Protection officers between 

21 and at ports of entry along the Southern 

22 border; and 

23 (iii) the necessary and qualified staff 

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1 armed, unmanned aerial systems and un2 armed, fixed wing aircraft. 

3 (3) MINIMUM REQUIREMENTS.—The Com4 prehensive Southern Border Security Strategy shall 

5 require, at a minimum, the deployment of the fol6 lowing technologies for each Border Patrol sector 

7 along the Southern Border: 

8 (A) ARIZONA (YUMA AND TUCSON SEC9 TORS).—For Arizona (Yuma and Tucson Sec10 tors) between ports of entry the following: 

11 (i) 50 integrated fixed towers. 

12 (ii) 73 fixed camera systems (with re13 location capability), which include Remote 

14 Video Surveillance Systems. 

15 (iii) 28 mobile surveillance systems, 

16 which include mobile video surveillance sys17 tems, agent-portable surveillance systems, 

18 and mobile surveillance capability systems. 

19 (iv) 685 unattended ground sensors, 

20 including seismic, imaging, and infrared. 

21 (v) 22 handheld equipment devices, 

22 including handheld thermal imaging sys23 tems and night vision goggles. 

24 (B) SAN DIEGO, CALIFORNIA.—For San 

25 Diego, California the following: 


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1 (i) BETWEEN PORTS OF ENTRY.—Be2 tween ports of entry the following: 

3 (I) 3 integrated fixed towers. 

4 (II) 41 fixed camera systems 

5 (with relocation capability), which in6 clude Remote Video Surveillance Sys7 tems. 

8 (III) 14 mobile surveillance sys9 tems, which include mobile video sur10 veillance systems, agent-portable sur11 veillance systems, and mobile surveil12 lance capability systems. 

13 (IV) 393 unattended ground sen14 sors, including seismic, imaging, and 

15 infrared. 

16 (V) 83 handheld equipment de17 vices, including handheld thermal im18 aging systems and night vision gog19 gles. 

20 (ii) AT POINTS OF ENTRY, CHECK21 POINTS.—At points of entry, checkpoints 

22 the following: 

23 (I) 2 non-intrusive inspection sys24 tems, including fixed and mobile. 

25 (II) 1 radiation portal monitor. 


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1 (III) 1 littoral detection and clas2 sification network 

3 (C) EL CENTRO, CALIFORNIA.—For El 

4 Centro, California the following: 

5 (i) BETWEEN PORTS OF ENTRY.—Be6 tween ports of entry the following: 

7 (I) 66 fixed camera systems 

8 (with relocation capability), which in9 clude Remote Video Surveillance Sys10 tems. 

11 (II) 18 mobile surveillance sys12 tems, which include mobile video sur13 veillance systems, agent-portable sur14 veillance systems, and mobile surveil15 lance capability systems. 

16 (III) 85 unattended ground sen17 sors, including seismic, imaging, and 

18 infrared. 

19 (IV) 57 handheld equipment de20 vices, including handheld thermal im21 aging systems and night vision gog22 gles. 

23 (V) 2 sensor repeaters. 

24 (VI) 2 communications repeaters. 


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1 (ii) AT POINTS OF ENTRY, CHECK2 POINTS.—At points of entry, checkpoints 

3 the following: 

4 (I) 5 fiber-optic tank inspection 

5 scopes. 

6 (II) 1 license plate reader. 

7 (III) 1 backscatter. 

8 (IV) 2 portable contraband detec9 tors. 

10 (V) 2 radiation isotope identifica11 tion devices. 

12 (VI) 8 radiation isotope identi13 fication devices updates. 

14 (VII) 3 personal radiation detec15 tors. 

16 (VIII) 16 mobile automated tar17 geting systems. 

18 (D) EL PASO, TEXAS.—For El Paso, 

19 Texas the following: 

20 (i) BETWEEN PORTS OF ENTRY.—Be21 tween ports of entry the following: 

22 (I) 27 integrated fixed towers. 

23 (II) 71 fixed camera systems 

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1 clude Remote Video Surveillance Sys2 tems. 

3 (III) 31 mobile surveillance sys4 tems, which include mobile video sur5 veillance systems, agent-portable sur6 veillance systems, and mobile surveil7 lance capability systems. 

8 (IV) 170 unattended ground sen9 sors, including seismic, imaging, and 

10 infrared. 

11 (V) 24 handheld equipment de12 vices, including handheld thermal im13 aging systems and night vision gog14 gles. 

15 (VI) 1 communications repeater. 

16 (VII) 1 sensor repeater. 

17 (VIII) 2 camera refresh. 

18 (ii) AT POINTS OF ENTRY, CHECK19 POINTS.—At points of entry, checkpoints 

20 the following: 

21 (I) 4 non-intrusive inspection sys22 tems, including fixed and mobile. 

23 (II) 23 fiber-optic tank inspection 

24 scopes. 


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1 (III) 1 portable contraband de2 tectors. 

3 (IV) 19 radiation isotope identi4 fication devices updates. 

5 (V) 1 real time radioscopy 

6 version 4. 

7 (VI) 8 personal radiation detec8 tors. 

9 (E) BIG BEND, TEXAS.—For Big Bend, 

10 Texas the following: 

11 (i) BETWEEN PORTS OF ENTRY.—Be12 tween ports of entry the following: 

13 (I) 7 fixed camera systems (with 

14 relocation capability), which include 

15 remote video surveillance systems. 

16 (II) 29 mobile surveillance sys17 tems, which include mobile video sur18 veillance systems, agent-portable sur19 veillance systems, and mobile surveil20 lance capability systems. 

21 (III) 1105 unattended ground 

22 sensors, including seismic, imaging, 

23 and infrared. 

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1 aging systems and night vision gog2 gles. 

3 (V) 1 mid-range camera refresh. 

4 (VI) 1 improved surveillance ca5 pabilities for existing aerostat. 

6 (VII) 27 sensor repeaters. 

7 (VIII) 27 communications re8 peaters. 

9 (ii) AT POINTS OF ENTRY, CHECK10 POINTS.—At points of entry, checkpoints 

11 the following: 

12 (I) 7 fiber-optic tank inspection 

13 scopes. 

14 (II) 3 license plate readers, in15 cluding mobile, tactical, and fixed. 

16 (III) 12 portable contraband de17 tectors. 

18 (IV) 7 radiation isotope identi19 fication devices. 

20 (V) 12 radiation isotope identi21 fication devices updates. 

22 (VI) 254 personal radiation de23 tectors. 

24 (VII) 19 mobile automated tar25 geting systems. 


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1 (F) DEL RIO, TEXAS.—For Del Rio, Texas 

2 the following: 

3 (i) BETWEEN PORTS OF ENTRY.—Be4 tween ports of entry the following: 

5 (I) 3 integrated fixed towers. 

6 (II) 74 fixed camera systems 

7 (with relocation capability), which in8 clude remote video surveillance sys9 tems. 

10 (III) 47 mobile surveillance sys11 tems, which include mobile video sur12 veillance systems, agent-portable sur13 veillance systems, and mobile surveil14 lance capability systems. 

15 (IV) 868 unattended ground sen16 sors, including seismic, imaging, and 

17 infrared. 

18 (V) 174 handheld equipment de19 vices, including handheld thermal im20 aging systems and night vision gog21 gles. 

22 (VI) 26 mobile/handheld inspec23 tion scopes and sensors for check24 points. 


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1 (VII) 1 improved surveillance ca2 pabilities for existing aerostat. 

3 (VIII) 21 sensor repeaters. 

4 (IX) 21 communications repeat5 ers. 

6 (ii) AT POINTS OF ENTRY, CHECK7 POINTS.—At points of entry, checkpoints 

8 the following: 

9 (I) 4 license plate readers, in10 cluding mobile, tactical, and fixed. 

11 (II) 13 radiation isotope identi12 fication devices updates. 

13 (III) 3 mobile automated tar14 geting systems. 

15 (IV) 6 land automated targeting 

16 systems. 

17 (G) LAREDO, TEXAS.—For Laredo, Texas 

18 the following: 

19 (i) BETWEEN THE PORTS OF

20 ENTRY.—Between ports of entry the fol21 lowing: 

22 (I) 2 integrated fixed towers. 

23 (II) 69 fixed camera systems 

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1 clude remote video surveillance sys2 tems. 

3 (III) 38 mobile surveillance sys4 tems, which include mobile video sur5 veillance systems, agent-portable sur6 veillance systems, and mobile surveil7 lance capability systems. 

8 (IV) 573 unattended ground sen9 sors, including seismic, imaging, and 

10 infrared. 

11 (V) 124 handheld equipment de12 vices, including handheld thermal im13 aging systems and night vision gog14 gles. 

15 (VI) 38 sensor repeaters. 

16 (VII) 38 communications repeat17 ers. 

18 (ii) AT POINTS OF ENTRY, CHECK19 POINTS.—At points of entry, checkpoints 

20 the following: 

21 (I) 1 non-intrusive inspection sys22 tem. 

23 (II) 7 fiber-optic tank inspection 

24 scopes. 


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1 (III) 19 license plate readers, in2 cluding mobile, tactical, and fixed. 

3 (IV) 2 backscatter. 

4 (V) 14 portable contraband de5 tectors. 

6 (VI) 2 radiation isotope identi7 fication devices. 

8 (VII) 18 radiation isotope identi9 fication devices updates. 

10 (VIII) 16 personal radiation de11 tectors. 

12 (IX) 24 mobile automated tar13 geting systems. 

14 (X) 3 land automated targeting 

15 systems. 

16 (H) RIO GRANDE VALLEY.—For Rio 

17 Grande Valley the following: 

18 (i) BETWEEN PORTS OF ENTRY.—Be19 tween ports of entry the following: 

20 (I) 1 integrated fixed towers. 

21 (II) 87 fixed camera systems 

22 (with relocation capability), which in23 clude remote video surveillance sys24 tems. 


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1 (III) 27 mobile surveillance sys2 tems, which include mobile video sur3 veillance systems, agent-portable sur4 veillance systems, and mobile surveil5 lance capability systems. 

6 (IV) 716 unattended ground sen7 sors, including seismic, imaging, and 

8 infrared. 

9 (V) 205 handheld equipment de10 vices, including handheld thermal im11 aging systems and night vision gog12 gles. 

13 (VI) 4 sensor repeaters. 

14 (VII) 1 communications repeater. 

15 (VIII) 2 camera refresh. 

16 (ii) AT POINTS OF ENTRY, CHECK17 POINTS.—At points of entry, checkpoints 

18 the following: 

19 (I) 1 mobile non-intrusive inspec20 tion system. 

21 (II) 11 fiberoptic tank inspection 

22 scopes. 

23 (III) 1 license plate reader. 

24 (IV) 2 backscatter. 

25 (V) 2 card reader system. 


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1 (VI) 8 portable contraband detec2 tors. 

3 (VII) 5 radiation isotope identi4 fication devices. 

5 (VIII) 18 radiation isotope iden6 tification devices updates. 

7 (IX) 135 personal radiation de8 tectors. 

9 (iii) AIR AND MARINE ACROSS THE

10 SOUTHWEST BORDER.—For air and ma11 rine across the Southwest border the fol12 lowing: 

13 (I) 4 unmanned aircraft systems. 

14 (II) 6 VADER radar systems. 

15 (III) 17 UH–1N helicopters. 

16 (IV) 8 C–206H aircraft up17 grades. 

18 (V) 8 AS–350 light enforcement 

19 helicopters. 

20 (VI) 10 Blackhawk helicopter 10 

21 A–L conversions, 5 new Blackhawk M 

22 Model. 

23 (VII) 30 marine vessels. 

24 (4) REDEPLOYMENT OF RESOURCES TO

25 ACHIEVE EFFECTIVE CONTROL.—The Secretary may 


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1 reallocate the personnel, infrastructure, and tech2 nologies required in the Southern Border Security 

3 Strategy to achieve effective control of the Southern 

4 border. 

5 (5) ALTERNATE TECHNOLOGY.—If the Sec6 retary determines that an alternate or new tech7 nology is at least as effective as the technologies de8 scribed in paragraph (3) and provides a commensu9 rate level of security, the Secretary may deploy that 

10 technology in its place and without regard to the 

11 minimums in this section. The Secretary shall notify 

12 Congress within 60 days of any such determination. 

13 (6) ANNUAL REPORT.—Beginning 1 year after 

14 the enactment of this Act, and annually thereafter, 

15 the Secretary shall provide to Congress a written re16 port to Congress on the sector-by-sector deployment 

17 of infrastructure and technologies. 

18 (7) ADDITIONAL ELEMENTS REGARDING EXE19 CUTION.—The Comprehensive Southern Border Se20 curity Strategy shall describe— 

21 (A) how the resources referred to in para22 graph (2)(C) will be properly aligned with the 

23 priorities referred to in paragraph (2)(A) to en24 sure that the strategy will be successfully exe25 cuted; 


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1 (B) the interim goals that must be accom2 plished to successfully implement the strategy; 

3 and 

4 (C) the schedule and supporting milestones 

5 under which the Department will accomplish 

6 the interim goals referred to in subparagraph 

7 (B). 

8 (8) IMPLEMENTATION.— 

9 (A) IN GENERAL.—The Secretary shall 

10 commence the implementation of the Com11 prehensive Southern Border Security Strategy 

12 immediately after submitting the strategy under 

13 paragraph (1). 

14 (B) NOTICE OF COMMENCEMENT.—Upon 

15 commencing the implementation of the strategy, 

16 the Secretary shall submit a notice of com17 mencement of such implementation to— 

18 (i) Congress; and 

19 (ii) the Comptroller General of the 

20 United States. 

21 (9) SEMIANNUAL REPORTS.— 

22 (A) IN GENERAL.—Not later than 180 

23 days after the Comprehensive Southern Border 

24 Security Strategy is submitted under paragraph 

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1 retary shall submit a report on the status of the 

2 Department’s implementation of the strategy 

3 to— 

4 (i) the Committee on Homeland Secu5 rity and Governmental Affairs of the Sen6 ate; 

7 (ii) the Committee on Homeland Se8 curity of the House of Representatives; 

9 (iii) the Committee on Appropriations 

10 of the Senate; 

11 (iv) the Committee on Appropriations 

12 of the House of Representatives; 

13 (v) the Committee on the Judiciary of 

14 the Senate; 

15 (vi) the Committee on the Judiciary of 

16 the House of Representatives; and 

17 (vii) the Comptroller General of the 

18 United States. 

19 (B) ELEMENTS.—Each report submitted 

20 under subparagraph (A) shall include— 

21 (i) a detailed description of the steps 

22 the Department has taken, or plans to 

23 take, to execute the strategy submitted 

24 under paragraph (1), including the 

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1 terim goals and milestone schedule estab2 lished pursuant to subparagraphs (B) and 

3 (C) of paragraph (3); 

4 (ii) a detailed description of— 

5 (I) any impediments identified in 

6 the Department’s efforts to execute 

7 the strategy; 

8 (II) the actions the Department 

9 has taken, or plans to take, to address 

10 such impediments; and 

11 (III) any additional measures de12 veloped by the Department to meas13 ure the state of security along the 

14 Southern border; and 

15 (iii) for each Border Patrol sector 

16 along the Southern border— 

17 (I) the effectiveness rate for each 

18 individual Border Patrol sector and 

19 the aggregated effectiveness rate; 

20 (II) the number of recidivist ap21 prehensions, sorted by Border Patrol 

22 sector; and 

23 (III) the recidivism rate for all 

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1 nal consequence through the Con2 sequence Delivery System process. 

3 (C) ANNUAL REVIEW.—The Comptroller 

4 General of the United States shall conduct an 

5 annual review of the information contained in 

6 the semiannual reports submitted by the Sec7 retary under this paragraph and submit an as8 sessment of the status and progress of the 

9 Southern Border Security Strategy to the com10 mittees set forth in subparagraph (A). 

11 (b) SOUTHERN BORDER FENCING STRATEGY.— 

12 (1) ESTABLISHMENT.—Not later than 180 days 

13 after the date of the enactment of this Act, the Sec14 retary shall establish a strategy, to be known as the 

15 ‘‘Southern Border Fencing Strategy’’, to identify 

16 where 700 miles of fencing (including double-layer 

17 fencing), infrastructure, and technology, including at 

18 ports of entry, should be deployed along the South19 ern border. 

20 (2) SUBMISSION.—The Secretary shall submit 

21 the Southern Border Fencing Strategy to Congress 

22 and the Comptroller General of the United States 

23 for review. 

24 (3) NOTICE OF COMMENCEMENT.—Upon com25 mencing the implementation of the Southern Border 


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1 Fencing Strategy, the Secretary shall submit a no2 tice of commencement of the implementation of the 

3 Strategy to Congress and the Comptroller General of 

4 the United States. 

5 (4) CONSULTATION.— 

6 (A) IN GENERAL.—In implementing the 

7 Southern Border Fencing Strategy required by 

8 this subsection, the Secretary shall consult with 

9 the Secretary of the Interior, the Secretary of 

10 Agriculture, States, local governments, Indian 

11 tribes, and property owners in the United 

12 States to minimize the impact on the environ13 ment, culture, commerce, and quality of life for 

14 the communities and residents located near the 

15 sites at which such fencing is to be constructed. 

16 (B) SAVINGS PROVISION.—Nothing in this 

17 paragraph may be construed to— 

18 (i) create or negate any right of action 

19 for a State or local government or other 

20 person or entity affected by this sub21 section; or 

22 (ii) affect the eminent domain laws of 

23 the United States or of any State. 

24 (5) LIMITATION ON REQUIREMENTS.—Notwith25 standing paragraph (1), nothing in this subsection 


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1 shall require the Secretary to install fencing, or in2 frastructure that directly results from the installa3 tion of such fencing, in a particular location along 

4 the Southern border, if the Secretary determines 

5 that the use or placement of such resources is not 

6 the most appropriate means to achieve and maintain 

7 effective control over the Southern border at such lo8 cation. 

9 SEC. 6. COMPREHENSIVE IMMIGRATION REFORM FUNDS. 

10 (a) COMPREHENSIVE IMMIGRATION REFORM TRUST

11 FUND.— 

12 (1) ESTABLISHMENT.—There is established in 

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

14 Comprehensive Immigration Reform Trust Fund 

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

16 consisting of— 

17 (A) amounts transferred from the general 

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

19 and 

20 (B) proceeds from the fees described in 

21 paragraph (2)(B). 

22 (2) DEPOSITS.— 

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

24 the date of the enactment of this Act or Octo25 ber 1, 2013, $46,300,000,000 shall be transVerDate Mar 15 2010 19:31 Jul 09, 2013 Jkt 029200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S744.PAP S744

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1 ferred from the general fund of the Treasury to 

2 the Trust Fund. 

3 (B) ONGOING FUNDING.—Notwithstanding 

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

5 addition to the funding described in subpara6 graph (A), and subject to paragraphs (3)(B) 

7 and (4), the following amounts shall be depos8 ited in the Trust Fund: 

9 (i) ELECTRONIC TRAVEL AUTHORIZA10 TION SYSTEM FEES.—Fees collected under 

11 section 217(h)(3)(B)(i)(II) of the Immigra12 tion and Nationality Act, as added by sec13 tion 1102(c). 

14 (ii) REGISTERED PROVISIONAL IMMI15 GRANT PENALTIES.—Penalties collected 

16 under section 245B(c)(10)(C) of the Immi17 gration and Nationality Act, as added by 

18 section 2101. 

19 (iii) BLUE CARD PENALTY.—Penalties 

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

21 (iv) FINE FOR ADJUSTMENT FROM

22 BLUE CARD STATUS.—Fines collected 

23 under section 245F(a)(5) of the Immigra24 tion and Nationality Act, as added by sec25 tion 2212(a). 


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1 (v) PENALTIES FOR FALSE STATE2 MENTS IN APPLICATIONS.—Fines collected 

3 under section 245F(f) of the Immigration 

4 and Nationality Act, as added by section 

5 2212(a). 

6 (vi) MERIT SYSTEM GREEN CARD

7 FEES.—Fees collected under section 

8 203(c)(6) of the Immigration and Nation9 ality Act, as amended by section 

10 2301(a)(2). 

11 (vii) H–1B AND L VISA FEES.—Fees 

12 collected under section 281(d) of the Immi13 gration and Nationality Act, as added by 

14 section 4105. 

15 (viii) H–1B OUTPLACEMENT FEE.— 

16 Fees collected under section 

17 212(n)(1)(F)(ii) of the Immigration and 

18 Nationality Act, as amended by section 

19 4211(d). 

20 (ix) H–1B NONIMMIGRANT DEPEND21 ENT EMPLOYER FEES.—Fees collected 

22 under section 4233(a)(2). 

23 (x) L NONIMMIGRANT DEPENDENT

24 EMPLOYER FEES.—Fees collected under 

25 section 4305(a)(2). 


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1 (xi) J–1 VISA MITIGATION FEES.— 

2 Fees collected under section 281(e) of the 

3 Immigration and Nationality Act, as added 

4 by section 4407. 

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

6 under section 281(f) of the Immigration 

7 and Nationality Act, as added by section 

8 4409. 

9 (xiii) RETIREE VISA FEES.—Fees col10 lected under section 214(w)(1)(B) of the 

11 Immigration and Nationality Act, as added 

12 by section 4504(b). 

13 (xiv) VISITOR VISA FEES.—Fees col14 lected under section 281(g) of the Immi15 gration and Nationality Act, as added by 

16 section 4509. 

17 (xv) H–2B VISA FEES.—Fees col18 lected under section 214(x)(5)(A) of the 

19 Immigration and Nationality Act, as added 

20 by section 4602(a). 

21 (xvi) NONIMMIGRANTS PERFORMING

22 MAINTENANCE ON COMMON CARRIERS.— 

23 Fees collected under section 214(z) of the 

24 Immigration and Nationality Act, as added 

25 by section 4604. 


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

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

3 and Nationality Act, as added by section 

4 4801. 

5 (xviii) PENALTY FOR ADJUSTMENT

6 FROM REGISTERED PROVISIONAL IMMI7 GRANT STATUS.—Penalties collected under 

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

9 and Nationality Act, as added by section 

10 2102. 

11 (C) AUTHORITY TO ADJUST FEES.—As 

12 necessary to carry out the purposes of this Act, 

13 the Secretary may adjust the amounts of the 

14 fees and penalties set out under subparagraph 

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

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

17 subparagraph; provided further that the Sec18 retary shall adjust the amounts of the fees and 

19 penalties set out under subparagraph (B), ex20 cept for the fines and penalties referred to in 

21 clauses (ii), (iii), (iv), or (xviii) of such subpara22 graph to result in no less than $500,000,000 

23 being available for fiscal year 2014 and 

24 $1,000,000,000 for fiscal years 2015 through 

25 2023 for appropriations for activities authorized 


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1 under this Act. If the Secretary determines that 

2 adjusting the fees and penalties set out under 

3 subparagraph (B) will be insufficient or imprac4 tical to cover the costs of the mandatory en5 forcement expenditures in this Act, the Sec6 retary may charge an additional surcharge on 

7 every immigrant and nonimmigrant petition 

8 filed with the Secretary in an amount designed 

9 to be the minimum proportional surcharge nec10 essary to recover the annual mandatory enforce11 ment expenditures in this legislation. 

12 (3) USE OF FUNDS.— 

13 (A) INITIAL FUNDING.—Of the amounts 

14 transferred to the Trust Fund pursuant to 

15 paragraph (2)(A)— 

16 (i) $30,000,000,000 shall remain 

17 available for the 10-year period beginning 

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

19 for use by the Secretary in hiring and de20 ploying at least 19,200 additional trained 

21 full-time active duty U.S. Border Patrol 

22 agents along the Southern Border; 

23 (ii) $4,500,000,000 shall remain 

24 available for the 5-year period beginning 

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


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1 for use by the Secretary to carry out the 

2 Comprehensive Southern Border Security 

3 Strategy; 

4 (iii) $2,000,000,000 shall remain 

5 available for the 10-year period beginning 

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

7 for use by the Secretary to carry out pro8 grams, projects, and activities rec9 ommended by the Commission pursuant to 

10 section 4(d) to achieve and maintain the 

11 border security goal specified in section 

12 3(b), and for the administrative expenses 

13 directly associated with convening the pub14 lic hearings required by section 3(c)(2)(A) 

15 and preparing and providing summaries of 

16 such hearings required by section 

17 3(c)(2)(B); 

18 (iv) $8,000,000,000 shall be made 

19 available to the Secretary, during the 5- 

20 year period beginning on the date of the 

21 enactment of this Act, to procure and de22 ploy fencing, infrastructure, and tech23 nology in accordance with the Southern 

24 Border Fencing Strategy established pur25 suant to section 5(b), not less than 


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1 $7,500,000,000 of which shall be used to 

2 deploy, repair, or replace fencing; 

3 (v) $750,000,000 shall remain avail4 able for the 6-year period beginning on the 

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

6 by the Secretary to expand and implement 

7 the mandatory employment verification 

8 system, which shall be used as required by 

9 section 274A of the Immigration and Na10 tionality Act (8 U.S.C. 1324a), as amend11 ed by section 3101; 

12 (vi) $900,000,000 shall remain avail13 able for the 8-year period beginning on the 

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

15 by the Secretary of State to pay for one16 time and startup costs necessary to imple17 ment this Act; and 

18 (vii) $150,000,000 shall remain avail19 able for the 2-year period beginning on the 

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

21 by the Secretary for transfer to the Sec22 retary of Labor, the Secretary of Agri23 culture, or the Attorney General, for initial 

24 costs of implementing this Act. 


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1 (B) REPAYMENT OF TRUST FUND EX2 PENSES.—The first $8,300,000,000 collected 

3 pursuant to the fees, penalties, and fines re4 ferred to in clauses (ii), (iii), (iv), (vi), (xiii), 

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

6 collected, deposited in the general fund of the 

7 Treasury, and used for Federal budget deficit 

8 reduction. Collections in excess of 

9 $8,300,000,000 shall be deposited into the 

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

11 (C) PROGRAM IMPLEMENTATION.— 

12 Amounts deposited into the Trust Fund pursu13 ant to paragraph (2)(B) shall be available dur14 ing each of fiscal years 2014 through 2018 as 

15 follows: 

16 (i) $50,000,000 to carry out the ac17 tivities referenced in section 1104(a)(1). 

18 (ii) $50,000,000 to carry out the ac19 tivities referenced in section 1104(b). 

20 (D) ONGOING FUNDING.—Subject to the 

21 availability of appropriations, amounts depos22 ited in the Trust Fund pursuant to paragraph 

23 (2)(B) are authorized to be appropriated as fol24 lows: 


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1 (i) Such sums as may be necessary to 

2 carry out the authorizations included in 

3 this Act, including the costs, including pay 

4 and benefits, associated with the additional 

5 personnel required by section 1102. 

6 (ii) Such sums as may be necessary to 

7 carry out the operations and maintenance 

8 of border security and immigration en9 forcement investments referenced in sub10 paragraph (A). 

11 (E) EXPENDITURE PLAN.—The Secretary, 

12 in consultation with the Attorney General and 

13 the Secretary of Defense, shall submit to the 

14 Committee on Appropriations of the Senate, the 

15 Committee on the Judiciary of the Senate, the 

16 Committee on Appropriations of the House of 

17 Representatives, and the Committee on the Ju18 diciary of the House of Representatives, in con19 junction with the Comprehensive Southern Bor20 der Strategy and the Southern Border Fencing 

21 Strategy, a plan for expenditure that de22 scribes— 

23 (i) the types and planned deployment 

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


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1 equipment, including those recommended 

2 or provided by the Department of Defense; 

3 (ii) the number of Border Patrol 

4 agents and Customs and Border Protection 

5 officers to be hired, including a detailed 

6 description of which Border Patrol sectors 

7 and which land border ports of entry they 

8 will be stationed; 

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

13 support staff to fly or otherwise operate 

14 and maintain the equipment; 

15 (iv) the numbers, types, and planned 

16 deployment of marine and riverine vessels, 

17 if any, including marine interdiction agents 

18 and support staff to operate and maintain 

19 the vessels; 

20 (v) the locations, amount, and 

21 planned deployment of fencing, including 

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

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


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1 (vi) the numbers, types, and planned 

2 deployment of ground-based mobile surveil3 lance systems; 

4 (vii) the numbers, types, and planned 

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

8 (viii) required construction, including 

9 repairs, expansion, and maintenance, and 

10 location of additional checkpoints, Border 

11 Patrol stations, and forward operating 

12 bases; 

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

15 United States Attorney for Tucson; 

16 (x) the number of additional support 

17 staff and interpreters in the Office of the 

18 Clerk of the Court for Tucson; 

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

21 Marshals for the United States Marshals 

22 Office for Tucson; 

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

25 United States District Courts; 


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1 (xiii) activities to be funded by the 

2 Homeland Security Border Oversight Task 

3 Force; 

4 (xiv) amounts and types of grants to 

5 States and other entities; 

6 (xv) amounts and activities necessary 

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

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

11 mandatory employment verification system 

12 under section 274A of the Immigration 

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

14 within 5 years; 

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

19 of title III; 

20 (xvii) the steps the Commissioner of 

21 Social Security plans to take to create a 

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

24 Security card, including— 


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

3 (II) the total estimated costs for 

4 completion that clearly delineates 

5 costs associated with the acquisition 

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

8 including a description of the purpose 

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

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

14 required to research, design, test, and 

15 produce the card; and 

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

20 Act; and 

21 (xviii) the operations and maintenance 

22 costs associated with the implementation of 

23 clauses (i) through (xvii). 

24 (F) ANNUAL REVISION.—The expenditure 

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1 mitted with the President’s budget proposals 

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

3 pursuant to the requirements of section 1105(a) 

4 of title 31, United States Code. 

5 (G) COMMISSION EXPENDITURE PLAN.— 

6 (i) REQUIREMENT FOR PLAN.—If the 

7 Southern Border Security Commission ref8 erenced in section 4 is established, the Sec9 retary shall submit to the appropriate com10 mittees of Congress, not later than 60 days 

11 after the submission of the review required 

12 by section 4(g), a plan for expenditure that 

13 achieves the recommendations in the report 

14 required by section 4(d) and the review re15 quired by section 4(g). 

16 (ii) APPROPRIATE COMMITTEES OF

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

18 term ‘‘appropriate committees of Con19 gress’’ means— 

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

22 and the Committee on Finance of the 

23 Senate; and 

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


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1 and the Committee on Ways and 

2 Means of the House of Representa3 tives. 

4 (4) LIMITATION ON COLLECTION.— 

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

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

8 for in advance in an appropriations Act only to 

9 pay the costs of activities and services for which 

10 appropriations are authorized to be funded 

11 from the Trust Fund. 

12 (B) RECEIPTS COLLECTED AS OFFSETTING

13 RECEIPTS.—Until the date of the enactment of 

14 an Act making appropriations for the activities 

15 authorized under this Act through September 

16 30, 2014, the fees authorized by paragraph 

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

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

20 Fund to remain available until expended only to 

21 pay the costs of activities and services for which 

22 appropriations are authorized to be funded 

23 from the Trust Fund. 

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


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1 (1) ESTABLISHMENT.—There is established in 

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

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

5 Account’’), consisting of amounts transferred from 

6 the general fund of the Treasury under paragraph 

7 (2). 

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

9 Startup Account, out of any funds in the Treasury 

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

12 date that is— 

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

14 or 

15 (B) October 1, 2013. 

16 (3) REPAYMENT OF STARTUP COSTS.— 

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

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

24 for Federal budget deficit reduction until the 


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

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

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

8 286(m) of the Immigration and Nationality Act 

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

10 until expended pursuant to section 286(n) of 

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

12 1356(n)). 

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

14 the amounts transferred to the Startup Account to 

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

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

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

21 rules, or other public notice; 

22 (C) grants to community and faith-based 

23 organizations; and 

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


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

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

3 Secretary, in consultation with the Attorney General 

4 and the Secretary of Defense, shall submit to the 

5 Committee on Appropriations and the Committee on 

6 the Judiciary of the Senate and the Committee on 

7 Appropriations and the Committee on the Judiciary 

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

11 (A) the types of equipment, information 

12 technology systems, infrastructure, and human 

13 resources; 

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

15 including development and promulgation of any 

16 regulations, rules, or other public notice; 

17 (C) the types and amounts of grants to 

18 community and faith-based organizations; and 

19 (D) the anti-fraud programs and actions 

20 related to implementation of this Act. 

21 (c) ANNUAL AUDITS.— 

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

24 enactment of this Act, the Chief Financial Officer of 

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

3 Trust Fund. 

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

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

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

8 available to the public on an Internet website of the 

9 Department available to the public, a jointly audited 

10 financial statement concerning the Trust Fund. 

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

14 (A) The report of an independent certified 

15 public accountant. 

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

18 (C) A statement of cash flow. 

19 (D) Such other information on the Trust 

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

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

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


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1 (d) DETERMINATION OF BUDGETARY EFFECTS.— 

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

4 appropriated by or deposited in the general fund of 

5 the Treasury pursuant to this section are designated 

6 as an emergency requirement pursuant to section 

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

8 concurrent resolution on the budget for fiscal year 

9 2010. 

10 (2) EMERGENCY DESIGNATION FOR STATUTORY

11 PAYGO.—Amounts appropriated by or deposited in 

12 the general fund of the Treasury pursuant to this 

13 section are designated as an emergency requirement 

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

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

16 933(g)). 

17 SEC. 7. REFERENCE TO THE IMMIGRATION AND NATION18 ALITY ACT. 

19 Except as otherwise expressly provided, whenever in 

20 this Act an amendment or repeal is expressed in terms 

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

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


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1 SEC. 8. DEFINITIONS. 

2 In this Act: 

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

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

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

9 SEC. 9. GRANT ACCOUNTABILITY. 

10 (a) DEFINITIONS.—In this section: 

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

12 entities’’ means the Secretary of Homeland Security, 

13 the Director of the Federal Emergency Management 

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

16 and the Director of the National Science Founda17 tion. 

18 (2) NONPROFIT ORGANIZATION.—The term 

19 ‘‘nonprofit organization’’ means an organization that 

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

22 under section 501(a) of such Code. 

23 (3) UNRESOLVED AUDIT FINDING.—The term 

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

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


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

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

6 or resolved within 1 year from the date when the 

7 final audit report is issued. 

8 (b) ACCOUNTABILITY.—All grants awarded by 

9 awarding entities pursuant to this Act shall be subject to 

10 the following accountability provisions: 

11 (1) AUDIT REQUIREMENT.— 

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

13 year beginning after the date of the enactment 

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

16 of Homeland Security, or the Inspector General 

17 for the National Science Foundation for grants 

18 awarded by the Director of the National 

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

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

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

24 each year. 


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1 (B) MANDATORY EXCLUSION.—A recipient 

2 of grant funds under this Act that is found to 

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

6 end of the 1-year period described in subsection 

7 (a)(3). 

8 (C) PRIORITY.—In awarding grants under 

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

11 unresolved audit finding during the 3 fiscal 

12 years before submitting an application for a 

13 grant under this Act. 

14 (D) REIMBURSEMENT.—If an entity is 

15 awarded grant funds under this Act during the 

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

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

19 (i) deposit an amount equal to the 

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

22 General Fund of the Treasury; and 

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1 ent that was erroneously awarded grant 

2 funds. 

3 (2) NONPROFIT ORGANIZATION REQUIRE4 MENTS.— 

5 (A) PROHIBITION.—An awarding entity 

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

8 accounts for the purpose of avoiding paying the 

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

10 Revenue Code of 1986. 

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

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

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

18 for the grant, the process for determining such 

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

21 compensation, the comparability data used, and 

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

24 entity shall make the information disclosed 


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1 under this subparagraph available for public in2 spection. 

3 (3) CONFERENCE EXPENDITURES.— 

4 (A) LIMITATION.—No amounts authorized 

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

8 used by an awarding entity or by any individual 

9 or entity awarded discretionary funds through a 

10 cooperative agreement under this Act to host or 

11 support any expenditure for conferences that 

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

14 or the National Science Foundation unless the 

15 Deputy Secretary for Homeland Security, or 

16 the Deputy Director of the National Science 

17 Foundation, or their designee, provides prior 

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

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

22 written estimate of all costs associated with the 

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

25 speakers, and entertainment. 


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1 (C) REPORT.—The Deputy Secretary of 

2 Homeland Security and the Deputy Director of 

3 the National Science Foundation shall submit 

4 an annual report to Congress on all conference 

5 expenditures approved under this paragraph. 

6 (4) ANNUAL CERTIFICATION.—Beginning in the 

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

9 shall submit to Congress a report— 

10 (A) indicating whether— 

11 (i) all audits issued by the Offices of 

12 the Inspector General under paragraph (1) 

13 have been completed and reviewed by the 

14 appropriate individuals; 

15 (ii) all mandatory exclusions required 

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

17 and 

18 (iii) all reimbursements required 

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

20 and 

21 (B) including a list of any grant recipients 

22 excluded under paragraph (1) from the previous 

23 year. 


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1 TITLE I—BORDER SECURITY 

2 AND OTHER PROVISIONS 

3 Subtitle A—Border Security 

4 SEC. 1101. DEFINITIONS. 

5 In this title: 

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

7 border’’ means the international border between the 

8 United States and Canada. 

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

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

11 areas through which drugs and undocumented aliens 

12 are routinely smuggled, as designated by the Com13 missioner of U.S. Customs and Border Protection. 

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

15 border’’ means the international border between the 

16 United States and Mexico. 

17 (4) SOUTHWEST BORDER REGION.—The term 

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

19 United States that is within 100 miles of the South20 ern border. 

21 SEC. 1102. ADDITIONAL U.S. BORDER PATROL AND U.S. CUS22 TOMS AND BORDER PROTECTION OFFICERS. 

23 (a) U.S. BORDER PATROL.—Not later than Sep24 tember 30, 2021, the Secretary shall increase the number 


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1 of trained full-time active duty U.S. Border Patrol agents 

2 deployed to the Southern border to 38,405. 

3 (b) U.S. CUSTOMS AND BORDER PROTECTION.—Not 

4 later than September 30, 2017, the Secretary shall in5 crease the number of trained U.S. Customs and Border 

6 Protection officers by 3,500, compared to the number of 

7 such officers as of the date of the enactment of this Act. 

8 In allocating any new officers to international land ports 

9 of entry and high volume international airports, the pri10 mary goals shall be to increase security and reduce wait 

11 times of commercial and passenger vehicles at inter12 national land ports of entry and primary processing wait 

13 times at high volume international airports by 50 percent 

14 by fiscal year 2104 and screening all air passengers within 

15 45 minutes under normal operating conditions or 80 per16 cent of passengers within 30 minutes by fiscal year 2016. 

17 The Secretary shall make progress in increasing such 

18 number of officers during each of the fiscal years 2014 

19 through 2017. 

20 (c) AIR AND MARINE UNMANNED AIRCRAFT SYS21 TEMS CREW.—Not later than September 30, 2015, the 

22 Secretary shall increase the number of trained U.S. Cus23 toms and Border Protection Air and Marine unmanned 

24 aircraft systems crew, marine agent, and personnel by 160 

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


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1 of the enactment of this Act. The Secretary shall increase 

2 and maintain Customs and Border Protection Office of 

3 Air and Marine flight hours to 130,000 annually. 

4 (d) CONSTRUCTION.—Nothing in subsection (a) may 

5 be construed to preclude the Secretary from reassigning 

6 or stationing U.S. Customs and Border Protection Offi7 cers and U.S. Border Patrol Agents from the Northern 

8 border to the Southern border. 

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

10 1187(h)(3)(B)) is amended— 

11 (1) in clause (i)— 

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

13 after the date of enactment of the Travel Pro14 motion Act of 2009, the’’ and inserting ‘‘The’’; 

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

16 the end; 

17 (C) by redesignating subclause (II) as sub18 clause (III); and 

19 (D) by inserting after subclause (I) the fol20 lowing: 

21 ‘‘(II) $16 for border processing; 

22 and’’; 

23 (2) in clause (ii), by striking ‘‘Amounts col24 lected under clause (i)(II)’’ and inserting ‘‘Amounts 

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


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1 the Comprehensive Immigration Reform Trust Fund 

2 established under section 6(a)(1) of the Border Se3 curity, Economic Opportunity, and Immigration 

4 Modernization Act, for the purpose of implementing 

5 section 1102(b) of such Act. Amounts collected 

6 under clause (i)(III)’’; and 

7 (3) by striking clause (iii). 

8 (f) CORPORATION FOR TRAVEL PROMOTION.—Sec9 tion 9(d)(2)(B) of the Travel Promotion Act of 2009 (22 

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

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

12 each fiscal year after 2012,’’. 

13 (g) RECRUITMENT OF FORMER MEMBERS OF THE

14 ARMED FORCES AND MEMBERS OF RESERVE COMPO15 NENTS OF THE ARMED FORCES.— 

16 (1) REQUIREMENT FOR PROGRAM.—The Sec17 retary, in conjunction with the Secretary of Defense, 

18 shall establish a program to actively recruit members 

19 of the reserve components of the Armed Forces and 

20 former members of the Armed Forces, including the 

21 reserve components, to serve in United States Cus22 toms and Border Protection and United States Im23 migration and Customs Enforcement. 

24 (2) RECRUITMENT INCENTIVES.— 


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1 (A) STUDENT LOAN REPAYMENTS FOR

2 UNITED STATES BORDER PATROL AGENTS WITH

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

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

5 adding at the end the following new paragraph: 

6 ‘‘(4) In the case of an employee who is otherwise eligi7 ble for benefits under this section and who is serving as 

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

9 within the Department of Homeland Security— 

10 ‘‘(A) paragraph (2)(A) shall be applied by sub11 stituting ‘$20,000’ for ‘$10,000’; and 

12 ‘‘(B) paragraph (2)(B) shall be applied by sub13 stituting ‘$80,000’ for ‘$60,000’.’’. 

14 (B) RECRUITMENT AND RELOCATION BO15 NUSES AND RETENTION ALLOWANCES FOR PER16 SONNEL OF THE DEPARTMENT OF HOMELAND

17 SECURITY.—The Secretary of Homeland Secu18 rity shall ensure that the authority to pay re19 cruitment and relocation bonuses under section 

20 5753 of title 5, United States Code, the author21 ity to pay retention bonuses under section 5754 

22 of such title, and any other similar authorities 

23 available under any other provision of law, rule, 

24 or regulation, are exercised to the fullest extent 


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1 allowable in order to encourage service in the 

2 Department of Homeland Security. 

3 (3) REPORT ON RECRUITMENT INCENTIVES.— 

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

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

6 Secretary and the Secretary of Defense shall 

7 jointly submit to the appropriate committees of 

8 Congress a report including an assessment of 

9 the desirability and feasibility of offering incen10 tives to members of the reserve components of 

11 the Armed Forces and former members of the 

12 Armed Forces, including the reserve compo13 nents, for the purpose of encouraging such 

14 members to serve in United States Customs 

15 and Border Protection and Immigration and 

16 Customs Enforcement. 

17 (B) CONTENT.—The report required by 

18 subparagraph (A) shall include— 

19 (i) a description of various monetary 

20 and non-monetary incentives considered for 

21 purposes of the report; and 

22 (ii) an assessment of the desirability 

23 and feasibility of utilizing any such incen24 tive. 


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1 (4) APPROPRIATE COMMITTEES OF CONGRESS

2 DEFINED.—The term ‘‘appropriate committees of 

3 Congress’’ means— 

4 (A) the Committee on Appropriations, the 

5 Committee on Armed Services, and the Com6 mittee on Homeland Security and Govern7 mental Affairs of the Senate; and 

8 (B) the Committee on Appropriations, the 

9 Committee on Armed Services, and the Com10 mittee on Homeland Security of the House of 

11 Representatives. 

12 (h) REPORT.—Prior to the hiring and training of ad13 ditional U.S. Customs and Border Protection officers 

14 under subsection (a), the Secretary shall submit to Con15 gress a report on current wait times at land, air, and sea 

16 ports of entry, officer staffing at land, air, and sea ports 

17 of entry and projections for new officer allocation at land, 

18 air, and sea ports of entry designed to implement sub19 section (a), including the need to hire non-law enforcement 

20 personnel for administrative duties. 

21 SEC. 1103. NATIONAL GUARD SUPPORT TO SECURE THE 

22 SOUTHERN BORDER. 

23 (a) IN GENERAL.—With the approval of the Sec24 retary of Defense, the Governor of a State may order any 

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


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

2 title 32, United States Code, in the Southwest Border re3 gion for the purposes of assisting U.S. Customs and Bor4 der Protection in securing the Southern border. 

5 (b) ASSIGNMENT OF OPERATIONS AND MISSIONS.— 

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

7 personnel deployed under subsection (a) may be as8 signed such operations and missions specified in sub9 section (c) as may be necessary to secure the South10 ern border. 

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

12 Guard personnel performing operations and missions 

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

14 under title 32, United States Code. 

15 (c) RANGE OF OPERATIONS AND MISSIONS.—The op16 erations and missions assigned under subsection (b) shall 

17 include the temporary authority— 

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

19 and triple-layer fencing; 

20 (2) to increase ground-based mobile surveillance 

21 systems; 

22 (3) to deploy additional unmanned aerial sys23 tems and manned aircraft sufficient to maintain 

24 continuous surveillance of the Southern border; 


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1 (4) to deploy and provide capability for radio 

2 communications interoperability between U.S. Cus3 toms and Border Protection and State, local, and 

4 tribal law enforcement agencies; 

5 (5) to construct checkpoints along the Southern 

6 border to bridge the gap to long-term permanent 

7 checkpoints; and 

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

9 Border Protection, particularly in rural, high-traf10 ficked areas, as designated by the Commissioner of 

11 U.S. Customs and Border Protection. 

12 (d) MATERIEL AND LOGISTICAL SUPPORT.—The 

13 Secretary of Defense shall deploy such materiel and equip14 ment and logistical support as may be necessary to ensure 

15 success of the operations and missions conducted by the 

16 National Guard under this section. 

17 (e) EXCLUSION FROM NATIONAL GUARD PER18 SONNEL STRENGTH LIMITATIONS.—National Guard per19 sonnel deployed under subsection (a) shall not be included 

20 in— 

21 (1) the calculation to determine compliance 

22 with limits on end strength for National Guard per23 sonnel; or 

24 (2) limits on the number of National Guard 

25 personnel that may be placed on active duty for 


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1 operational support under section 115 of title 10, 

2 United States Code. 

3 SEC. 1104. ENHANCEMENT OF EXISTING BORDER SECURITY 

4 OPERATIONS. 

5 (a) BORDER CROSSING PROSECUTIONS.— 

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

7 available pursuant to the appropriations in para8 graph (3), funds shall be made available— 

9 (A) to increase the number of border cross10 ing prosecutions in the Tucson Sector of the 

11 Southwest border region to up to 210 prosecu12 tions per day through increasing funding avail13 able for— 

14 (i) attorneys and administrative sup15 port staff in the Office of the United 

16 States Attorney for Tucson; 

17 (ii) support staff and interpreters in 

18 the Office of the Clerk of the Court for 

19 Tucson; 

20 (iii) pre-trial services; 

21 (iv) activities of the Federal Public 

22 Defender Office for Tucson; and 

23 (v) additional personnel, including 

24 Deputy United States Marshals in the 

25 United States Marshals Office for Tucson 


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1 to perform intake, coordination, transpor2 tation, and court security; and 

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

4 tribal law enforcement agencies for any deten5 tion costs related to the border crossing pros6 ecutions carried out pursuant to subparagraph 

7 (A). 

8 (2) ADDITIONAL MAGISTRATE JUDGES TO AS9 SIST WITH INCREASED CASELOAD.—The chief judge 

10 of the United States District Court for the District 

11 of Arizona is authorized to appoint additional full12 time magistrate judges, who, consistent with the 

13 Constitution and laws of the United States, shall 

14 have the authority to hear cases and controversies in 

15 the judicial district in which the respective judges 

16 are appointed. 

17 (3) FUNDING.—There are authorized to be ap18 propriated, from the Comprehensive Immigration 

19 Reform Trust Fund established under section 

20 6(a)(1), such sums as may be necessary to carry out 

21 this subsection. 

22 (b) OPERATION STONEGARDEN.— 

23 (1) IN GENERAL.—The Federal Emergency 

24 Management Agency shall enhance law enforcement 

25 preparedness and operational readiness along the 


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1 borders of the United States through Operation 

2 Stonegarden. The amounts available under this 

3 paragraph are in addition to any other amounts oth4 erwise made available for Operation Stonegarden. 

5 Grants under this subsection shall be allocated based 

6 on sector-specific border risk methodology, based on 

7 factors including threat, vulnerability, miles of bor8 der, and other border-specific information. Alloca9 tions for grants and reimbursements to law enforce10 ment agencies under this paragraph shall be made 

11 by the Federal Emergency Management Agency 

12 through a competitive process. 

13 (2) FUNDING.—There are authorized to be ap14 propriated, from the amounts made available under 

15 section 6(a)(3)(A)(i), such sums as may be nec16 essary to carry out this subsection. 

17 (c) INFRASTRUCTURE IMPROVEMENTS.— 

18 (1) BORDER PATROL STATIONS.—The Secretary 

19 shall— 

20 (A) construct additional Border Patrol sta21 tions in the Southwest border region that U.S. 

22 Border Patrol determines are needed to provide 

23 full operational support in rural, high-trafficked 

24 areas; and 


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1 (B) analyze the feasibility of creating addi2 tional Border Patrol sectors along the Southern 

3 border to interrupt drug trafficking operations. 

4 (2) FORWARD OPERATING BASES.—The Sec5 retary shall enhance the security of the Southwest 

6 border region by— 

7 (A) establishing additional permanent for8 ward operating bases for the U.S. Border Pa9 trol, as needed; 

10 (B) upgrading the existing forward oper11 ating bases to include modular buildings, elec12 tricity, and potable water; and 

13 (C) ensuring that forward operating bases 

14 surveil and interdict individuals entering the 

15 United States unlawfully immediately after 

16 such individuals cross the Southern border. 

17 (3) SAFE AND SECURE BORDER INFRASTRUC18 TURE.—The Secretary and the Secretary of Trans19 portation, in consultation with the governors of the 

20 States in the Southwest border region and the 

21 Northern border region, shall establish a grant pro22 gram, which shall be administered by the Secretary 

23 of Transportation and the General Services Adminis24 tration, to construct transportation and supporting 

25 infrastructure improvements at existing and new 


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1 international border crossings necessary to facilitate 

2 safe, secure, and efficient cross border movement of 

3 people, motor vehicles, and cargo. 

4 (4) AUTHORIZATION OF APPROPRIATIONS.— 

5 There is authorized to be appropriated for each of 

6 fiscal years 2014 through 2018 such sums as may 

7 be necessary to carry out this subsection. 

8 (d) ADDITIONAL PERMANENT DISTRICT COURT

9 JUDGESHIPS IN SOUTHWEST BORDER STATES.— 

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

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

12 (A) 2 additional district judges for the dis13 trict of Arizona; 

14 (B) 3 additional district judges for the 

15 eastern district of California; 

16 (C) 2 additional district judges for the 

17 western district of Texas; and 

18 (D) 1 additional district judge for the 

19 southern district of Texas. 

20 (2) CONVERSIONS OF TEMPORARY DISTRICT

21 COURT JUDGESHIPS.—The existing judgeships for 

22 the district of Arizona and the central district of 

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

24 Century Department of Justice Appropriations Au25 thorization Act (28 U.S.C. 133 note; Public Law 


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1 107–273; 116 Stat. 1788), as of the effective date 

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

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

4 those offices shall hold the office under section 133 

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

6 Act. 

7 (3) TECHNICAL AND CONFORMING AMEND8 MENTS.—The table contained in section 133(a) of 

9 title 28, United States Code, is amended— 

10 (A) by striking the item relating to the dis11 trict of Arizona and inserting the following: 

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

12 (B) by striking the item relating to Cali13 fornia and inserting the following: 

‘‘California: 

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

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

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

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

14 (C) by striking the item relating to Texas 

15 and inserting the following: 

‘‘Texas: 

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

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

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

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

16 (4) INCREASE IN FILING FEES.— 


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

2 28, United States Code, is amended by striking 

3 ‘‘$350’’ and inserting ‘‘$360’’. 

4 (B) EXPENDITURE LIMITATION.—Incre5 mental amounts collected by reason of the en6 actment of this paragraph shall be deposited as 

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

8 special fund of the Treasury established under 

9 section 1931 of title 28, United States Code. 

10 Such amounts shall be available solely for the 

11 purpose of facilitating the processing of civil 

12 cases, but only to the extent specifically appro13 priated by an Act of Congress enacted after the 

14 date of the enactment of this Act. 

15 (5) WHISTLEBLOWER PROTECTION.— 

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

17 agent, contractor, or subcontractor of the judi18 cial branch may discharge, demote, threaten, 

19 suspend, harass, or in any other manner dis20 criminate against an employee in the terms and 

21 conditions of employment because of any lawful 

22 act done by the employee to provide informa23 tion, cause information to be provided, or other24 wise assist in an investigation regarding any 

25 possible violation of Federal law or regulation, 


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

2 employee in the judicial branch, which may as3 sist in the investigation of the possible violation 

4 or misconduct. 

5 (B) CIVIL ACTION.—An employee injured 

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

7 civil action, obtain appropriate relief. 

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

9 (a) DEFINITIONS.—In this section: 

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

11 lands’’ includes all land under the control of the Sec12 retary concerned that is located within the South13 west border region in the State of Arizona along the 

14 international border between the United States and 

15 Mexico. 

16 (2) SECRETARY CONCERNED.—The term ‘‘Sec17 retary concerned’’ means— 

18 (A) with respect to land under the jurisdic19 tion of the Secretary of Agriculture, the Sec20 retary of Agriculture; and 

21 (B) with respect to land under the jurisdic22 tion of the Secretary of the Interior, the Sec23 retary of the Interior. 

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

25 achieve effective control of Federal lands— 


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1 (1) the Secretary concerned, notwithstanding 

2 any other provision of law, shall authorize and pro3 vide U.S. Customs and Border Protection personnel 

4 with immediate access to Federal lands for security 

5 activities, including— 

6 (A) routine motorized patrols; and 

7 (B) the deployment of communications, 

8 surveillance, and detection equipment; 

9 (2) the security activities described in para10 graph (1) shall be conducted, to the maximum ex11 tent practicable, in a manner that the Secretary de12 termines will best protect the natural and cultural 

13 resources on Federal lands; and 

14 (3) the Secretary concerned may provide edu15 cation and training to U.S. Customs and Border 

16 Protection personnel on the natural and cultural re17 sources present on individual Federal land units. 

18 (c) PROGRAMMATIC ENVIRONMENTAL IMPACT

19 STATEMENT.— 

20 (1) IN GENERAL.—After implementing sub21 section (b), the Secretary, in consultation with the 

22 Secretaries concerned, shall prepare and publish in 

23 the Federal Register a notice of intent to prepare a 

24 programmatic environmental impact statement in 

25 accordance with the National Environmental Policy 


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

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

3 (2) EFFECT ON PROCESSING APPLICATION AND

4 SPECIAL USE PERMITS.—The pending completion of 

5 a programmatic environmental impact statement 

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

7 processing or approving of applications or special 

8 use permits by the Secretaries concerned for the ac9 tivities described in subsection (b). 

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

11 Secretaries concerned shall amend any land use 

12 plans, as appropriate, upon completion of the pro13 grammatic environmental impact statement de14 scribed in subsection (b). 

15 (4) SCOPE OF PROGRAMMATIC ENVIRONMENTAL

16 IMPACT STATEMENT.—The programmatic environ17 mental impact statement described in paragraph 

18 (1)— 

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

20 the impact on natural and cultural resources on 

21 Federal lands; and 

22 (B) shall not control, delay, or restrict ac23 tions by the Secretary to achieve effective con24 trol on Federal lands. 


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1 (d) INTERMINGLED STATE AND PRIVATE LAND.— 

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

3 land within the boundaries of Federal lands. 

4 SEC. 1106. EQUIPMENT AND TECHNOLOGY. 

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

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

7 Border Patrol, shall— 

8 (1) deploy additional mobile, video, and agent9 portable surveillance systems, and unarmed, un10 manned aerial vehicles in the Southwest border re11 gion as necessary to provide 24-hour operation and 

12 surveillance; 

13 (2) operate unarmed unmanned aerial vehicles 

14 along the Southern border for 24 hours per day and 

15 for 7 days per week; 

16 (3) deploy unarmed additional fixed-wing air17 craft and helicopters along the Southern border; 

18 (4) acquire new rotorcraft and make upgrades 

19 to the existing helicopter fleet; 

20 (5) increase horse patrols in the Southwest bor21 der region; and 

22 (6) acquire and deploy watercraft and other 

23 equipment to provide support for border-related 

24 maritime anti-crime activities. 

25 (b) LIMITATION.— 


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1 (1) IN GENERAL.—Notwithstanding paragraphs 

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

3 in paragraph (2), U.S. Border Patrol may not oper4 ate unarmed, unmanned aerial vehicles in the San 

5 Diego and El Centro Sectors, except within 3 miles 

6 of the Southern border. 

7 (2) EXCEPTION.—The limitation under this 

8 subsection shall not restrict the maritime operations 

9 of U.S. Customs and Border Protection. 

10 (c) AUTHORIZATION OF APPROPRIATIONS.—In addi11 tion to amounts otherwise authorized to be appropriated, 

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

13 and Border Protection such sums as may be necessary to 

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

15 2018. 

16 SEC. 1107. ACCESS TO EMERGENCY PERSONNEL. 

17 (a) SOUTHWEST BORDER REGION EMERGENCY COM18 MUNICATIONS GRANTS.— 

19 (1) IN GENERAL.—The Secretary, in consulta20 tion with the governors of the States in the South21 west border region, shall establish a 2-year grant 

22 program, to be administered by the Secretary, to im23 prove emergency communications in the Southwest 

24 border region. 


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1 (2) ELIGIBILITY FOR GRANTS.—An individual 

2 is eligible to receive a grant under this subsection if 

3 the individual demonstrates that he or she— 

4 (A) regularly resides or works in the 

5 Southwest border region; 

6 (B) is at greater risk of border violence 

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

8 residence or business and his or her proximity 

9 to the Southern border. 

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

11 this subsection may be used to purchase satellite 

12 telephone communications systems and service 

13 that— 

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

15 and 

16 (B) are equipped with global positioning 

17 systems. 

18 (4) AUTHORIZATION OF APPROPRIATIONS.— 

19 There is authorized to be appropriated such sums as 

20 may be necessary to carry out the grant program es21 tablished under this subsection. 

22 (b) INTEROPERABLE COMMUNICATIONS FOR LAW

23 ENFORCEMENT.— 

24 (1) FEDERAL LAW ENFORCEMENT.—There are 

25 authorized to be appropriated, to the Department, 


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1 the Department of Justice, and the Department of 

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

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

4 may be necessary— 

5 (A) to purchase, through a competitive 

6 procurement process, P25-compliant radios, 

7 which may include a multi-band option, for 

8 Federal law enforcement agents working in the 

9 Southwest border region in support of the ac10 tivities of U.S. Customs and Border Protection 

11 and U.S. Immigration and Customs Enforce12 ment, including law enforcement agents of the 

13 Drug Enforcement Administration, the Bureau 

14 of Alcohol, Tobacco, Firearms and Explosives, 

15 the Department of the Interior, and the Forest 

16 Service; and 

17 (B) to upgrade, through a competitive pro18 curement process, the communications network 

19 of the Department of Justice to ensure coverage 

20 and capacity, particularly when immediate ac21 cess is needed in times of crisis, in the South22 west Border region for appropriate law enforce23 ment personnel of the Department of Justice 

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1 arms and Explosives), the Department (includ2 ing U.S. Immigration and Customs Enforce3 ment and U.S. Customs and Border Protec4 tion), the United States Marshals Service, other 

5 Federal agencies, the State of Arizona, tribes, 

6 and local governments. 

7 (2) STATE AND LOCAL LAW ENFORCEMENT.— 

8 (A) AUTHORIZATION OF APPROPRIA9 TIONS.—There is authorized to be appropriated 

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

11 period beginning on the date of the enactment 

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

13 purchase, through a competitive procurement 

14 process, P25-compliant radios, which may in15 clude a multi-band option, for State and local 

16 law enforcement agents working in the South17 west border region. 

18 (B) ACCESS TO FEDERAL SPECTRUM.—If 

19 a State, tribal, or local law enforcement agency 

20 in the Southwest border region experiences an 

21 emergency situation that necessitates immediate 

22 communication with the Department of Justice, 

23 the Department, the Department of the Inte24 rior, or any of their respective subagencies, 

25 such law enforcement agency shall have access 


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1 to the spectrum assigned to such Federal agen2 cy for the duration of such emergency situation. 

3 (c) DISTRESS BEACONS.— 

4 (1) IN GENERAL.—The Commissioner of U.S. 

5 Customs and Border Protection, working through 

6 U.S. Border Patrol, shall— 

7 (A) identify areas near the Northern bor8 der and the Southern border where migrant 

9 deaths are occurring due to climatic and envi10 ronmental conditions; and 

11 (B) deploy up to 1,000 beacon stations in 

12 the areas identified pursuant to subparagraph 

13 (A). 

14 (2) FEATURES.—Beacon stations deployed pur15 suant to paragraph (1) should— 

16 (A) include a self-powering mechanism, 

17 such as a solar-powered radio button, to signal 

18 U.S. Border Patrol personnel or other emer19 gency response personnel that a person at that 

20 location is in distress; 

21 (B) include a self-powering cellular phone 

22 relay limited to 911 calls to allow persons in 

23 distress in the area who are unable to get to the 

24 beacon station to signal their location and ac25 cess emergency personnel; and 


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1 (C) be movable to allow U.S. Border Pa2 trol to relocate them as needed— 

3 (i) to mitigate migrant deaths; 

4 (ii) to facilitate access to emergency 

5 personnel; and 

6 (iii) to address any use of the beacons 

7 for diversion by criminals. 

8 SEC. 1108. SOUTHWEST BORDER REGION PROSECUTION 

9 INITIATIVE. 

10 (a) REIMBURSEMENT TO STATE AND LOCAL PROS11 ECUTORS FOR FEDERALLY INITIATED CRIMINAL

12 CASES.—The Attorney General shall reimburse State, 

13 county, tribal, and municipal governments for costs associ14 ated with the prosecution, pretrial services and detention, 

15 clerical support, and public defenders’ services associated 

16 with the prosecution of federally initiated immigration-re17 lated criminal cases declined by local offices of the United 

18 States Attorneys. 

19 (b) EXCEPTION.—Reimbursement under subsection 

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

21 General, if the Attorney General determines that there is 

22 reason to believe that the jurisdiction seeking reimburse23 ment has engaged in unlawful conduct in connection with 

24 immigration-related apprehensions. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated such sums as may be nec3 essary to carry out subsection (a) during fiscal years 2014 

4 through 2018. 

5 SEC. 1109. INTERAGENCY COLLABORATION. 

6 The Assistant Secretary of Defense for Research and 

7 Engineering shall collaborate with the Under Secretary of 

8 Homeland Security for Science and Technology to identify 

9 equipment and technology used by the Department of De10 fense that could be used by U.S. Customs and Border Pro11 tection to improve the security of the Southern border 

12 by— 

13 (1) detecting border tunnels; 

14 (2) detecting the use of ultralight aircraft; 

15 (3) enhancing wide aerial surveillance; and 

16 (4) otherwise improving the enforcement of 

17 such border. 

18 SEC. 1110. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. 

19 (a) SCAAP REAUTHORIZATION.—Section 

20 241(i)(5)(C) (8 U.S.C. 1231(i)(5)) is amended by striking 

21 ‘‘2011.’’ and inserting ‘‘2015.’’. 

22 (b) SCAAP ASSISTANCE FOR STATES.— 

23 (1) ASSISTANCE FOR STATES INCARCERATING

24 UNDOCUMENTED ALIENS CHARGED WITH CERTAIN

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


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1 1231(i)(3)(A)) is amended by inserting ‘‘charged 

2 with or’’ before ‘‘convicted’’. 

3 (2) ASSISTANCE FOR STATES INCARCERATING

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

5 1231(i)), as amended by subsection (a), is further 

6 amended— 

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

8 and (6), as paragraphs (5), (6), and (7), re9 spectively; 

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

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

12 (C) by adding after paragraph (3) the fol13 lowing: 

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

15 status is unable to be verified by the Secretary of 

16 Homeland Security, and who would otherwise be an 

17 undocumented criminal alien if the alien is unlaw18 fully present in the United States, the Attorney Gen19 eral shall compensate the State or political subdivi20 sion of the State for incarceration of the alien, con21 sistent with subsection (i)(2).’’. 

22 SEC. 1111. USE OF FORCE. 

23 Not later than 180 days after the date of the enact24 ment of this Act, the Secretary, in consultation with the 

25 Assistant Attorney General for the Civil Rights Division 


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1 of the Department of Justice, shall issue policies gov2 erning the use of force by all Department personnel that— 

3 (1) require all Department personnel to report 

4 each use of force; and 

5 (2) establish procedures for— 

6 (A) accepting and investigating complaints 

7 regarding the use of force by Department per8 sonnel; 

9 (B) disciplining Department personnel who 

10 violate any law or Department policy relating to 

11 the use of force; and 

12 (C) reviewing all uses of force by Depart13 ment personnel to determine whether the use of 

14 force— 

15 (i) complied with Department policy; 

16 or 

17 (ii) demonstrates the need for changes 

18 in policy, training, or equipment. 

19 SEC. 1112. TRAINING FOR BORDER SECURITY AND IMMI20 GRATION ENFORCEMENT OFFICERS. 

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

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

23 Patrol agents, U.S. Immigration and Customs Enforce24 ment officers and agents, United States Air and Marine 

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1 in 100 miles of any land or marine border of the United 

2 States or at any United States port of entry receive appro3 priate training, which shall be prepared in collaboration 

4 with the Assistant Attorney General for the Civil Rights 

5 Division of the Department of Justice, in— 

6 (1) identifying and detecting fraudulent travel 

7 documents; 

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

9 rights of individuals; 

10 (3) the scope of enforcement authorities, includ11 ing interrogations, stops, searches, seizures, arrests, 

12 and detentions; 

13 (4) the use of force policies issued by the Sec14 retary pursuant to section 1111; 

15 (5) immigration laws, including screening, iden16 tifying, and addressing vulnerable populations, such 

17 as children, victims of crime and human trafficking, 

18 and individuals fleeing persecution or torture; 

19 (6) social and cultural sensitivity toward border 

20 communities; 

21 (7) the impact of border operations on commu22 nities; and 

23 (8) any particular environmental concerns in a 

24 particular area. 


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1 (b) TRAINING FOR BORDER COMMUNITY LIAISON

2 OFFICERS.—The Secretary shall ensure that border com3 munities liaison officers in Border Patrol sectors along the 

4 international borders between the United States and Mex5 ico and between the United States and Canada receive 

6 training to better— 

7 (1) act as a liaison between border communities 

8 and the Office for Civil Rights and Civil Liberties of 

9 the Department and the Civil Rights Division of the 

10 Department of Justice; 

11 (2) foster and institutionalize consultation with 

12 border communities; 

13 (3) consult with border communities on Depart14 ment programs, policies, strategies, and directives; 

15 and 

16 (4) receive Department performance assess17 ments from border communities. 

18 (c) HUMANE CONDITIONS OF CONFINEMENT FOR

19 CHILDREN IN U.S. CUSTOMS AND BORDER PROTECTION

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

21 enactment of this Act, the Secretary shall establish stand22 ards to ensure that children in the custody of U.S. Cus23 toms and Border Protection— 


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1 (1) are afforded adequate medical and mental 

2 health care, including emergency medical and mental 

3 health care, when necessary; 

4 (2) receive adequate nutrition; 

5 (3) are provided with climate-appropriate cloth6 ing, footwear, and bedding; 

7 (4) have basic personal hygiene and sanitary 

8 products; and 

9 (5) are permitted to make supervised phone 

10 calls to family members. 

11 SEC. 1113. DEPARTMENT OF HOMELAND SECURITY BOR12 DER OVERSIGHT TASK FORCE. 

13 (a) ESTABLISHMENT.— 

14 (1) IN GENERAL.—There is established an inde15 pendent task force, which shall be known as the De16 partment of Homeland Security Border Oversight 

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

18 Task Force’’). 

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

20 (A) review and make recommendations re21 garding immigration and border enforcement 

22 policies, strategies, and programs that take into 

23 consideration their impact on border and tribal 

24 communities; 


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1 (B) recommend ways in which the Border 

2 Communities Liaison Offices can strengthen re3 lations and collaboration between communities 

4 in the border regions and the Department, the 

5 Department of Justice, and other Federal agen6 cies that carry out such policies, strategies, and 

7 programs; 

8 (C) evaluate how the policies, strategies, 

9 and programs of Federal agencies operating 

10 along the international borders between the 

11 United States and Mexico and between the 

12 United States and Canada protect the due proc13 ess, civil, and human rights of border residents, 

14 visitors, and migrants at and near such borders; 

15 and 

16 (D) evaluate and make recommendations 

17 regarding the training of border enforcement 

18 personnel described in section 1112. 

19 (3) MEMBERSHIP.— 

20 (A) IN GENERAL.—The DHS Task Force 

21 shall be composed of 33 members, appointed by 

22 the President, who have expertise in migration, 

23 local crime indices, civil and human rights, 

24 community relations, cross-border trade and 


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1 commerce, quality of life indicators, or other 

2 pertinent experience, of whom— 

3 (i) 14 members shall be from the 

4 Northern border region and shall include— 

5 (I) 2 local government elected of6 ficials; 

7 (II) 2 local law enforcement offi8 cials; 

9 (III) 2 tribal government offi10 cials; 

11 (IV) 2 civil rights advocates; 

12 (V) 1 business representative; 

13 (VI) 1 higher education rep14 resentative; 

15 (VII) 1 private land owner rep16 resentative; 

17 (VIII) 1 representative of a faith 

18 community; and 

19 (IX) 2 representatives of U.S. 

20 Border Patrol; and 

21 (ii) 19 members shall be from the 

22 Southern border region and include— 

23 (I) 3 local government elected of24 ficials; 


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1 (II) 3 local law enforcement offi2 cials; (aa) 

3 (III) 2 tribal government offi4 cials; 

5 (IV) 3 civil rights advocates; 

6 (V) 2 business representatives; 

7 (VI) 1 higher education rep8 resentative; 

9 (VII) 2 private land owner rep10 resentatives; 

11 (VIII) 1 representative of a faith 

12 community; and 

13 (IX) 2 representatives of U.S. 

14 Border Patrol. 

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

16 Task Force shall be appointed for the shorter 

17 of— 

18 (i) 3 years; or 

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

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

21 the DHS Task Force shall elect a Chair and a 

22 Vice Chair from among its members, who shall 

23 serve in such capacities for the life of the DHS 

24 Task Force or until removed by the majority 

25 vote of at least 16 members. 


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1 (b) OPERATIONS.— 

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

3 for the purpose of carrying out its duties, hold hear4 ings, sit and act, take testimony, receive evidence, 

5 and administer oaths. 

6 (2) RECOMMENDATIONS.—The DHS Task 

7 Force may make findings or recommendations to the 

8 Secretary related to the duties described in sub9 section (a)(2). 

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

11 receiving the findings and recommendations from 

12 the DHS Task Force under paragraph (2), the Sec13 retary shall issue a response that describes how the 

14 Department has addressed, or will address, such 

15 findings and recommendations. If the Secretary dis16 agrees with any finding of the DHS Task Force, the 

17 Secretary shall provide an explanation for the dis18 agreement. 

19 (4) INFORMATION FROM FEDERAL AGENCIES.— 

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

21 may request statistics relating to the duties de22 scribed in subsection (a)(2) directly from any Fed23 eral agency, which shall, to the extent authorized by 

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1 mates, and statistics directly to the DHS Task 

2 Force. 

3 (5) COMPENSATION.—Members of the DHS 

4 Task Force shall serve without pay, but shall be re5 imbursed for reasonable travel and subsistence ex6 penses incurred in the performance of their duties. 

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

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

9 to the President, Congress, and the Secretary that con10 tains— 

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

12 DHS Task Force; and 

13 (2) recommendations regarding border and im14 migration enforcement policies, strategies, and pro15 grams, including— 

16 (A) a recommendation as to whether the 

17 DHS Task Force should continue to operate; 

18 and 

19 (B) a description of any duties for which 

20 the DHS Task Force should be responsible 

21 after the termination date described in sub22 section (e). 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated such sums as may be 


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

2 years 2014 through 2017. 

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

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

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

6 SEC. 1114. OMBUDSMAN FOR IMMIGRATION RELATED CON7 CERNS OF THE DEPARTMENT OF HOMELAND 

8 SECURITY. 

9 (a) ESTABLISHMENT.—Title I of the Homeland Se10 curity Act of 2002 (6 U.S.C. 111 et seq.) is amended by 

11 adding at the end the following new section: 

12 ‘‘SEC. 104. OMBUDSMAN FOR IMMIGRATION RELATED CON13 CERNS. 

14 ‘‘(a) IN GENERAL.—There shall be within the De15 partment an Ombudsman for Immigration Related Con16 cerns (in this section referred to as the ‘Ombudsman’). 

17 The individual appointed as Ombudsman shall have a 

18 background in immigration law as well as civil and human 

19 rights law. The Ombudsman shall report directly to the 

20 Deputy Secretary. 

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

22 shall be as follows: 

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1 lems with the immigration components of the De2 partment. 

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

4 contract facilities of the immigration components of 

5 the Department. 

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

7 have been the victims of crimes committed by aliens 

8 or violence near the United States border. 

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

10 employers have problems in dealing with the immi11 gration components of the Department. 

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

13 changes in the administrative practices of the immi14 gration components of the Department to mitigate 

15 problems identified under paragraph (4). 

16 ‘‘(6) To review, examine, and make rec17 ommendations regarding the immigration and en18 forcement policies, strategies, and programs of U.S. 

19 Customs and Border Protection, U.S. Immigration 

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

21 Immigration Services. 

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

23 functions specified in subsection (b), the Ombudsman 

24 shall— 


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1 ‘‘(1) monitor the coverage and geographic allo2 cation of local offices of the Ombudsman, including 

3 appointing a local ombudsman for immigration re4 lated concerns; and 

5 ‘‘(2) evaluate and take personnel actions (in6 cluding dismissal) with respect to any employee of 

7 the Ombudsman. 

8 ‘‘(d) REQUEST FOR INVESTIGATIONS.—The Ombuds9 man shall have the authority to request the Inspector Gen10 eral of the Department of Homeland Security to conduct 

11 inspections, investigations, and audits. 

12 ‘‘(e) COORDINATION WITH DEPARTMENT COMPO13 NENTS.—The Director of U.S. Citizenship and Immigra14 tion Services, the Assistant Secretary of Immigration and 

15 Customs Enforcement, and the Commissioner of Customs 

16 and Border Protection shall each establish procedures to 

17 provide formal responses to recommendations submitted 

18 to such official by the Ombudsman. 

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

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

21 Committee on the Judiciary of the Senate and the Com22 mittee on the Judiciary of the House of Representatives 

23 on the objectives of the Ombudsman for the fiscal year 

24 beginning in such calendar year. Each report shall contain 

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1 formation, and shall set forth any recommendations the 

2 Ombudsman has made on improving the services and re3 sponsiveness of U.S. Citizenship and Immigration Serv4 ices, U.S. Immigration and Customs Enforcement, and 

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

6 received from the Department regarding such rec7 ommendations.’’. 

8 (b) REPEAL OF SUPERSEDED AUTHORITY.—Section 

9 452 of the Homeland Security Act of 2002 (6 U.S.C. 272) 

10 is repealed. 

11 (c) CLERICAL AMENDMENTS.—The table of contents 

12 for the Homeland Security Act of 2002 is amended— 

13 (1) by inserting after the item relating to sec14 tion 103 the following new item: 

‘‘Sec. 104. Ombudsman for Immigration Related Concerns.’’; and 

15 (2) by striking the item relating to section 452. 

16 SEC. 1115. PROTECTION OF FAMILY VALUES IN APPREHEN17 SION PROGRAMS. 

18 (a) DEFINITIONS.—In this section: 

19 (1) APPREHENDED INDIVIDUAL.—The term 

20 ‘‘apprehended individual’’ means an individual ap21 prehended by personnel of the Department of Home22 land Security or of a cooperating entity pursuant to 

23 a migration deterrence program carried out at a bor24 der. 


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1 (2) BORDER.—The term ‘‘border’’ means an 

2 international border of the United States. 

3 (3) CHILD.—Except as otherwise specifically 

4 provided, the term ‘‘child’’ has the meaning given to 

5 the term in section 101(b)(1) of the Immigration 

6 and Nationality Act (8 U.S.C. 1101(b)(1)). 

7 (4) COOPERATING ENTITY.—The term ‘‘cooper8 ating entity’’ means a State or local entity acting 

9 pursuant to an agreement with the Secretary. 

10 (5) MIGRATION DETERRENCE PROGRAM.—The 

11 term ‘‘migration deterrence program’’ means an ac12 tion related to the repatriation or referral for pros13 ecution of 1 or more apprehended individuals for a 

14 suspected or confirmed violation of the Immigration 

15 and Nationality Act (8 U.S.C. 1001 et seq.) by the 

16 Secretary or a cooperating entity. 

17 (b) PROCEDURES FOR MIGRATION DETERRENCE

18 PROGRAMS AT THE BORDER.— 

19 (1) PROCEDURES.—In any migration deterrence 

20 program carried out at a border, the Secretary and 

21 cooperating entities shall for each apprehended indi22 vidual— 

23 (A) as soon as practicable after such indi24 vidual is apprehended— 


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1 (i) inquire as to whether the appre2 hended individual is— 

3 (I) a parent, legal guardian, or 

4 primary caregiver of a child; or 

5 (II) traveling with a spouse or 

6 child; and 

7 (ii) ascertain whether repatriation of 

8 the apprehended individual presents any 

9 humanitarian concern or concern related to 

10 such individual’s physical safety; and 

11 (B) ensure that, with respect to a decision 

12 related to the repatriation or referral for pros13 ecution of the apprehended individual, due con14 sideration is given— 

15 (i) to the best interests of such indi16 vidual’s child, if any; 

17 (ii) to family unity whenever possible; 

18 and 

19 (iii) to other public interest factors, 

20 including humanitarian concerns and con21 cerns related to the apprehended individ22 ual’s physical safety. 

23 (c) MANDATORY TRAINING.—The Secretary, in con24 sultation with the Secretary of Health and Human Serv25 ices, the Attorney General, the Secretary of State, and 


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1 independent immigration, child welfare, family law, and 

2 human rights law experts, shall— 

3 (1) develop and provide specialized training for 

4 all personnel of U.S. Customs and Border Protection 

5 and cooperating entities who come into contact with 

6 apprehended individuals in all legal authorities, poli7 cies, and procedures relevant to the preservation of 

8 a child’s best interest, family unity, and other public 

9 interest factors, including those described in this 

10 Act; and 

11 (2) require border enforcement personnel to un12 dertake periodic and continuing training on best 

13 practices and changes in relevant legal authorities, 

14 policies, and procedures pertaining to the preserva15 tion of a child’s best interest, family unity, and other 

16 public interest factors, including those described in 

17 this Act. 

18 (d) ANNUAL REPORT ON THE IMPACT OF MIGRATION

19 DETERRENCE PROGRAMS AT THE BORDER.— 

20 (1) REQUIREMENT FOR ANNUAL REPORT.—Not 

21 later than 1 year after the date of the enactment of 

22 this Act, and annually thereafter, the Secretary shall 

23 submit to Congress a report that describes the im24 pact of migration deterrence programs on parents, 

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1 viduals traveling with a spouse or child, and individ2 uals who present humanitarian considerations or 

3 concerns related to the individual’s physical safety. 

4 (2) CONTENTS.—Each report submitted under 

5 paragraph (1) shall include for the previous 1-year 

6 period an assessment of— 

7 (A) the number of apprehended individuals 

8 removed, repatriated, or referred for prosecu9 tion who are the parent, legal guardian, or pri10 mary caregiver of a child who is a citizen of the 

11 United States; 

12 (B) the number of occasions in which both 

13 parents, or the primary caretaker of such a 

14 child was removed, repatriated, or referred for 

15 prosecution as part of a migration deterrence 

16 program; 

17 (C) the number of apprehended individuals 

18 traveling with close family members who are re19 moved, repatriated, or referred for prosecution. 

20 (D) the impact of migration deterrence 

21 programs on public interest factors, including 

22 humanitarian concerns and physical safety. 

23 (e) REGULATIONS.—Not later than 120 days after 

24 the date of the enactment of this Act, the Secretary shall 

25 promulgate regulations to implement this section. 


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1 SEC. 1116. OVERSIGHT OF POWER TO ENTER PRIVATE 

2 LAND AND STOP VEHICLES WITHOUT A WAR3 RANT AT THE NORTHERN BORDER. 

4 (a) IN GENERAL.—Section 287(a) (8 U.S.C. 

5 1357(a)) is amended— 

6 (1) in paragraph (5), by redesignating subpara7 graphs (A) and (B) as clauses (i) and (ii), respec8 tively; 

9 (2) by redesignating paragraphs (1) through 

10 (3) as subparagraphs (A) through (C), respectively; 

11 (3) by redesignating paragraphs (4) and (5) as 

12 subparagraphs (F) and (G), respectively; 

13 (4) in the matter preceding subparagraph (A), 

14 as so redesignated— 

15 (A) by inserting ‘‘(1)’’ before ‘‘Any offi16 cer’’; 

17 (B) by striking ‘‘Service’’ and inserting 

18 ‘‘Department of Homeland Security’’; and 

19 (C) by striking ‘‘Attorney General’’ and in20 serting ‘‘Secretary of Homeland Security’’; 

21 (5) in paragraph (1)(C), as so redesignated, by 

22 inserting the following at the beginning: ‘‘except as 

23 provided in subparagraphs (D) and (E),’’; 

24 (6) by inserting after paragraph (1)(C) the fol25 lowing: 


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1 ‘‘(D) with respect to the Northern border, as 

2 defined in section 1101 of the Border Security, Eco3 nomic Opportunity, and Immigration Enforcement 

4 Act, within a distance of 25 air miles from the 

5 Northern border, or such distance from the North6 ern border as may be prescribed by the Secretary 

7 pursuant to paragraph (2) of this subsection, to 

8 board and search for aliens any vessel within the 

9 territorial waters of the United States and any rail10 way car, aircraft, conveyance, or vehicle for the pur11 pose of patrolling the border to prevent the illegal 

12 entry of aliens into the United States; 

13 ‘‘(E) with respect to the Northern border, as 

14 defined in section 1101 of the Border Security, Eco15 nomic Opportunity, and Immigration Enforcement 

16 Act, within a distance of 10 air miles from the 

17 Northern border, or such distance from the North18 ern border as may be prescribed by the Secretary 

19 pursuant to paragraph (2) of this subsection, to 

20 have access to private lands, but not dwellings, for 

21 the purpose of patrolling the border to prevent the 

22 illegal entry of aliens into the United States;’’; 

23 (7) by inserting after the flush text at the end 

24 of subparagraph (F), as so redesignated, the fol25 lowing: 


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1 ‘‘(2)(A)(i) The Secretary of Homeland Security may 

2 establish for a Northern border sector or district a dis3 tance less than or greater than 25 air miles, but in no 

4 case greater than 100 air miles, as the maximum distance 

5 from the Northern border in which the authority described 

6 in paragraph (1)(C) may be exercised, if the Secretary cer7 tifies that such a distance is necessary for the purpose 

8 of patrolling the Northern border to prevent the illegal 

9 entry of aliens into the United States, and justified by the 

10 considerations listed in subparagraph (B). 

11 ‘‘(ii) The Secretary of Homeland Security may estab12 lish for a Northern border sector or district a distance less 

13 than or greater than 10 air miles, but in no case greater 

14 than 25 air miles, as the maximum distance from the 

15 Northern border of the United States in which the author16 ity described in paragraph (1)(D) may be exercised, if the 

17 Secretary certifies that such a distance is necessary for 

18 the purpose of patrolling the Northern border to prevent 

19 the illegal entry of aliens into the United States, and justi20 fied by the considerations listed in subparagraph (B). 

21 ‘‘(B) In making the certifications described in sub22 paragraph (A), the Secretary shall consider, as appro23 priate, land topography, confluence of arteries of transpor24 tation leading from external boundaries, density of popu25 lation, possible inconvenience to the traveling public, types 


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1 of conveyances used, reliable information as to movements 

2 of persons effecting illegal entry into the United States, 

3 effects on private property and quality of life for relevant 

4 communities and residents, consultations with affected 

5 State, local, and tribal governments, including the gov6 ernor of any relevant State, and other factors that the Sec7 retary considers appropriate. 

8 ‘‘(C) A certification made under subparagraph (A) 

9 shall be valid for a period of 5 years and may be renewed 

10 for additional 5-year periods. If the Secretary finds at any 

11 time that circumstances no longer justify a certification, 

12 the Secretary shall terminate the certification. 

13 ‘‘(D) The Secretary shall report annually to the Com14 mittee on the Judiciary and Committee on Homeland Se15 curity and Governmental Affairs of the Senate and the 

16 Committee on the Judiciary and Committee on Homeland 

17 Security of the House of Representatives the number of 

18 certifications made under subparagraph (A), and for each 

19 such certification, the Northern border sector or district 

20 and reasonable distance prescribed, the period of time the 

21 certification has been in effect, and the factors justifying 

22 the certification.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

24 (1) AUTHORITIES WITHOUT A WARRANT.—In 

25 section 287(a) (8 U.S.C. 1357(a)), the undesignated 


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1 matter following paragraph (2), as added by sub2 section (a)(5), is amended— 

3 (A) by inserting ‘‘(3)’’ before ‘‘Under regu4 lations’’; 

5 (B) by striking ‘‘paragraph (5)(B)’’ both 

6 places that term appears and inserting ‘‘sub7 paragraph (F)(ii)’’; 

8 (C) by striking ‘‘(i)’’ and inserting ‘‘(A)’’; 

9 (D) by striking ‘‘(ii) establish’’ and insert10 ing ‘‘(B) establish’’; 

11 (E) by striking ‘‘(iii) require’’ and insert12 ing ‘‘(C) require’’; and 

13 (F) by striking ‘‘clause (ii), and (iv)’’ and 

14 inserting ‘‘subparagraph (B), and (D)’’. 

15 (2) CONFORMING AMENDMENT.—Section 

16 287(e) (8 U.S.C. 1357(e)) is amended by striking 

17 ‘‘paragraph (3) of subsection (a),’’ and inserting 

18 ‘‘subsection (a)(1)(D),’’. 

19 SEC. 1117. REPORTS. 

20 (a) REPORT ON CERTAIN BORDER MATTERS.—The 

21 Secretary shall submit a report to the Committee on 

22 Homeland Security and Governmental Affairs of the Sen23 ate, the Committee on Homeland Security of the House 

24 of Representatives, the Committee on the Judiciary of the 


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1 Senate, and the Committee on the Judiciary of the House 

2 of Representatives that sets forth— 

3 (1) the effectiveness rate (as defined in section 

4 2(a)(4)) for each Border Patrol sector along the 

5 Northern border and the Southern border; 

6 (2) the number of miles along the Southern 

7 border that are under persistent surveillance; 

8 (3) the monthly wait times per passenger, in9 cluding data on averages and peaks, for crossing the 

10 Northern border and the Southern border, and the 

11 staffing of such border crossings; 

12 (4) the allocations at each port of entry along 

13 the Northern border and the Southern border; and 

14 (5) the number of migrant deaths occurring 

15 near the Northern border and the Southern border 

16 and the efforts that have been undertaken to miti17 gate such deaths. 

18 (b) REPORT ON INTERAGENCY COLLABORATION.— 

19 The Under Secretary of Defense for Acquisition, Tech20 nology, and Logistics and the Under Secretary of Home21 land Security for Science and Technology shall jointly sub22 mit a report on the results of the interagency collaboration 

23 under section 1109 to— 

24 (1) the Committee on Armed Services of the 

25 Senate; 


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1 (2) the Committee on Homeland Security and 

2 Governmental Affairs of the Senate; 

3 (3) the Committee on the Judiciary of the Sen4 ate; 

5 (4) the Committee on Armed Services of the 

6 House of Representatives; 

7 (5) the Committee on Homeland Security of the 

8 House of Representatives; and 

9 (6) the Committee on the Judiciary of the 

10 House of Representatives. 

11 SEC. 1118. SEVERABILITY AND DELEGATION. 

12 (a) SEVERABILITY.—If any provision of this Act or 

13 any amendment made by this Act, or any application of 

14 such provision or amendment to any person or cir15 cumstance, is held to be unconstitutional, the remainder 

16 of the provisions of this Act and the amendments made 

17 by this Act and the application of the provision or amend18 ment to any other person or circumstance shall not be af19 fected. 

20 (b) DELEGATION.—The Secretary may delegate any 

21 authority provided to the Secretary under this Act or an 

22 amendment made by this Act to the Secretary of Agri23 culture, the Attorney General, the Secretary of Defense, 

24 the Secretary of Health and Human Services, the Sec25 retary of State, or the Commissioner of Social Security. 


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1 SEC. 1119. PROHIBITION ON NEW LAND BORDER CROSSING 

2 FEES. 

3 (a) IN GENERAL.—Beginning on the date of the en4 actment of this Act, the Secretary shall not— 

5 (1) establish, collect, or otherwise impose any 

6 new border crossing fee on individuals crossing the 

7 Southern border or the Northern border at a land 

8 port of entry; or 

9 (2) conduct any study relating to the imposition 

10 of a border crossing fee. 

11 (b) BORDER CROSSING FEE DEFINED.—In this sec12 tion, the term ‘‘border crossing fee’’ means a fee that 

13 every pedestrian, cyclist, and driver and passenger of a 

14 private motor vehicle is required to pay for the privilege 

15 of crossing the Southern border or the Northern border 

16 at a land port of entry. 

17 SEC. 1120. HUMAN TRAFFICKING REPORTING. 

18 (a) SHORT TITLE.—This section may be cited as the 

19 ‘‘Human Trafficking Reporting Act of 2013’’. 

20 (b) FINDINGS.—Congress finds the following: 

21 (1) Human trafficking is a form of modern-day 

22 slavery. 

23 (2) According to the Trafficking Victims Pro24 tection Act of 2000 ‘‘severe forms of trafficking in 

25 persons’’ means— 


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1 (A) sex trafficking in which a commercial 

2 sex act is induced by force, fraud, or coercion, 

3 or in which the person induced to perform such 

4 act has not attained 18 years of age; or 

5 (B) the recruitment, harboring, transpor6 tation, provision, or obtaining of a person for 

7 labor or services, through the use of force, 

8 fraud, or coercion for the purpose of subjection 

9 to involuntary servitude, peonage, debt bondage, 

10 or slavery. 

11 (3) There is an acute need for better data col12 lection of incidents of human trafficking across the 

13 United States in order to effectively combat severe 

14 forms of trafficking in persons. 

15 (4) The State Department’s 2012 Trafficking 

16 in Persons report found that— 

17 (A) the United States is a ‘‘source, transit 

18 and destination country for men, women, and 

19 children, subjected to forced labor, debt bond20 age, domestic servitude and sex trafficking,’’; 

21 and 

22 (B) the United States needs to ‘‘improve 

23 data collection on human trafficking cases at 

24 the federal, state and local levels’’. 


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1 (5) The International Organization for Migra2 tion has reported that in order to effectively combat 

3 human trafficking there must be reliable and stand4 ardized data, however, the following barriers for 

5 data collection exist: 

6 (A) The illicit and underground nature of 

7 human trafficking. 

8 (B) The reluctance of victims to share in9 formation with authorities. 

10 (C) Insufficient human trafficking data 

11 collection and research efforts by governments 

12 worldwide. 

13 (6) A 2009 report to the Department of Health 

14 and Human Services entitled Human Trafficking 

15 Into and Within the United States: A Review of the 

16 Literature found that ‘‘the data and methodologies 

17 for estimating the prevalence of human trafficking 

18 globally and nationally are not well developed, and 

19 therefore estimates have varied widely and changed 

20 significantly over time’’. 

21 (7) The Federal Bureau of Investigation com22 piles national crime statistics through the Uniform 

23 Crime Reporting Program. 

24 (8) Under current law, State and local govern25 ments receiving Edward Byrne Memorial Justice AsVerDate Mar 15 2010 19:31 Jul 09, 2013 Jkt 029200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\S744.PAP S744

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1 sistance grants are required to share data on part 

2 1 violent crimes with the Federal Bureau of Inves3 tigation for inclusion in the Uniform Crime Report4 ing Program. 

5 (9) The addition of severe forms of trafficking 

6 in persons to the definition of part 1 violent crimes 

7 will ensure that statistics on this heinous crime will 

8 be compiled and available through the Federal Bu9 reau of Investigation’s Uniform Crime Report. 

10 (c) HUMAN TRAFFICKING TO BE INCLUDED IN PART

11 1 VIOLENT CRIMES FOR PURPOSES OF BYRNE GRANTS.— 

12 Section 505 of the Omnibus Crime Control and Safe 

13 Streets Act of 1968 (42 U.S.C. 3755) is amended by add14 ing at the end the following new subsection: 

15 ‘‘(i) PART 1 VIOLENT CRIMES TO INCLUDE HUMAN

16 TRAFFICKING.—For purposes of this section, the term 

17 ‘part 1 violent crimes’ shall include severe forms of traf18 ficking in persons, as defined in section 103(8) of the 

19 Trafficking Victims Protection Act of 2000 (22 U.S.C. 

20 7102(8)).’’. 

21 SEC. 1121. RULE OF CONSTRUCTION. 

22 Nothing in this Act may be construed to authorize 

23 the deployment, procurement, or construction of fencing 

24 along the Northern border. 


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1 SEC. 1122. LIMITATIONS ON DANGEROUS DEPORTATION 

2 PRACTICES. 

3 (a) CERTIFICATION REQUIRED.— 

4 (1) IN GENERAL.—Not later than 1 year after 

5 the date of the enactment of this Act, and every 180 

6 days thereafter, the Secretary, except as provided in 

7 paragraph (2), shall submit written certification to 

8 Congress that the Department has only deported or 

9 otherwise removed a migrant from the United States 

10 through an entry or exit point on the Southern bor11 der during daylight hours. 

12 (2) EXCEPTION.—The certification required 

13 under paragraph (1) shall not apply to the deporta14 tion or removal of a migrant otherwise described in 

15 that paragraph if— 

16 (A) the manner of the deportation or re17 moval is justified by a compelling governmental 

18 interest; 

19 (B) the manner of the deportation or re20 moval is in accordance with an applicable Local 

21 Arrangement for the Repatriation of Mexican 

22 Nationals entered into by the appropriate Mexi23 can Consulate; or 

24 (C) the migrant is not an unaccompanied 

25 minor and the migrant— 


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1 (i) is deported or removed through an 

2 entry or exit point in the same sector as 

3 the place where the migrant was appre4 hended; or 

5 (ii) agrees to be deported or removed 

6 in such manner after being notified of the 

7 intended manner of deportation or re8 moval. 

9 (b) ADDITIONAL INFORMATION REQUIRED.—Not 

10 later than 1 year after the date of the enactment of this 

11 Act, the Secretary shall submit to Congress a study of the 

12 Alien Transfer Exit Program, which shall include— 

13 (1) the specific locations on the Southern bor14 der where lateral repatriations have occurred during 

15 the 1-year period preceding the submission of the 

16 study; 

17 (2) the performance measures developed by 

18 U.S. Customs and Border Protection to determine if 

19 the Alien Transfer Exit Program is deterring mi20 grants from repeatedly crossing the border or other21 wise reducing recidivism; and 

22 (3) the consideration given, if any, to the rates 

23 of violent crime and the availability of infrastructure 

24 and social services in Mexico near such locations. 


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1 (c) PROHIBITION ON CONFISCATION OF PROP2 ERTY.—Notwithstanding any other provision of law, law3 ful, nonperishable belongings of a migrant that are con4 fiscated by personnel operating under Federal authority 

5 shall be returned to the migrant before repatriation, to 

6 the extent practicable. (1) 

7 SEC. 1123. MAXIMUM ALLOWABLE COSTS OF SALARIES OF 

8 CONTRACTOR EMPLOYEES. 

9 Section 4304(a)(16) of title 41, United States Code, 

10 is amended by inserting before the period at the end the 

11 following: ‘‘, except that in the case of contracts with the 

12 Department of Homeland Security or the National Guard 

13 while operating in Federal status that relate to border se14 curity, the limit on the costs of compensation of all execu15 tives and employees of contractors is the annual amount 

16 payable under the aggregate limitation on pay as estab17 lished by the Office of Management and Budget (currently 

18 $230,700)’’. 

19 Subtitle B—Other Matters 

20 SEC. 1201. REMOVAL OF NONIMMIGRANTS WHO OVERSTAY 

21 THEIR VISAS. 

22 (a) IN GENERAL.—Not later than 180 days after the 

23 date of the enactment of this Act, the Secretary shall ini24 tiate removal proceedings, in accordance with chapter 4 

25 of title II of the Immigration and Nationality Act (8 


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1 U.S.C. 1221 et seq.), confirm that immigration relief or 

2 protection has been granted or is pending, or otherwise 

3 close 90 percent of the cases of nonimmigrants who— 

4 (1) were admitted to the United States as non5 immigrants after the date of the enactment of this 

6 Act; and 

7 (2) during the most recent 12-month period, 

8 have entered the category of having exceeded their 

9 authorized period of admission by more than 180 

10 days. 

11 (b) SEMIANNUAL REPORT.—Every 6 months after 

12 the date of the enactment of this Act, the Secretary shall 

13 submit a report to Congress that identifies— 

14 (1) the total number of nonimmigrants who the 

15 Secretary has determined have exceeded their au16 thorized period of admission by more than 180 days 

17 after the date of the enactment of this Act, cat18 egorized by— 

19 (A) the type of visa that authorized their 

20 entry into the United States; 

21 (B) their country of origin; and 

22 (C) the length of time since their visa ex23 pired. 

24 (2) an estimate of the total number of non25 immigrants who are physically present in the United 


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1 States and have exceeded their authorized period of 

2 admission by more than 180 days after the date of 

3 the enactment of this Act; 

4 (3) for the most recent 6-month and 12-month 

5 periods— 

6 (A) the total number of removal pro7 ceedings that were initiated against non8 immigrants who were physically present in the 

9 United States more than 180 days after the ex10 piration of the period for which they were law11 fully admitted; and 

12 (B) as a result of the removal proceedings 

13 described in paragraph (A)— 

14 (i) the total number of removals pend15 ing; 

16 (ii) the total number of non17 immigrants who were ordered to be re18 moved from the United States; 

19 (iii) the total number of non20 immigrants whose removal proceedings 

21 were cancelled; and 

22 (iv) the total number of non23 immigrants who were granted immigration 

24 relief or protection in removal proceedings. 


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1 (c) ESTIMATED POPULATION.—Each report sub2 mitted under subsection (b) shall include a comprehensive, 

3 detailed explanation of and justification for the method4 ology used to estimate the population described in sub5 section (a). 

6 SEC. 1202. VISA OVERSTAY NOTIFICATION PILOT PRO7 GRAM. 

8 (a) ESTABLISHMENT OF PILOT PROGRAM.—Not 

9 later than 1 year after the date of enactment of this Act, 

10 the Secretary shall establish a pilot program to explore 

11 the feasibility and effectiveness of notifying individuals 

12 who have traveled to the United States from a foreign na13 tion that the terms of their admission to the United States 

14 are about to expire, including individuals that entered with 

15 a visa or through the visa waiver program. 

16 (b) REQUIREMENTS.—In establishing the pilot pro17 gram required under subsection (a), the Secretary shall— 

18 (1) provide for the collection of contact infor19 mation, including telephone numbers and email ad20 dresses, as appropriate, of individuals traveling to 

21 the United States from a foreign nation; and 

22 (2) randomly select a pool of participants in 

23 order to form a statistically significant sample of 

24 people who travel to the United States each year to 

25 receive notification by telephone, email, or other 


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1 electronic means that the terms of their admission 

2 to the United States is about to expire. 

3 (c) REPORT.—Not later than 1 year after the date 

4 on which the Secretary establishes the pilot program 

5 under subsection (a), the Secretary shall submit to Con6 gress a report on whether the telephone or email notifica7 tions have a statistically significant effect on reducing the 

8 rates of visa overstays in the United States. 

9 SEC. 1203. PREVENTING UNAUTHORIZED IMMIGRATION 

10 TRANSITING THROUGH MEXICO. 

11 (a) IN GENERAL.—The Secretary of State, in coordi12 nation with the Secretary of Homeland Security, shall de13 velop, in consultation with the relevant Committees of 

14 Congress, a strategy to address the unauthorized immigra15 tion of individuals who transit through Mexico to the 

16 United States. 

17 (b) REQUIREMENTS.—The strategy developed under 

18 subsection (a) shall include specific steps— 

19 (1) to enhance the training, resources, and pro20 fessionalism of border and law enforcement officials 

21 in Mexico, Honduras, El Salvador, Guatemala, and 

22 other countries, as appropriate; and 

23 (2) to educate nationals of the countries de24 scribed in paragraph (1) about the perils of the jour25 ney to the United States, including how this Act will 


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1 increase the likelihood of apprehension, increase 

2 criminal penalties associated with illegal entry, and 

3 make finding employment in the United States more 

4 difficult. 

5 (c) IMPLEMENTATION OF STRATEGY.—In carrying 

6 out the strategy developed under subsection (a)— 

7 (1) the Secretary of Homeland Security, in con8 junction with the Secretary of State, shall produce 

9 an educational campaign and disseminate informa10 tion about the perils of the journey across Mexico, 

11 the likelihood of apprehension, and the difficulty of 

12 finding employment in the United States; and 

13 (2) the Secretary of State, in coordination with 

14 the Secretary of Homeland Security, shall offer— 

15 (A) training to border and law enforcement 

16 officials to enable these officials to operate more 

17 effectively, by using, to the greatest extent 

18 practicable, Department of Homeland Security 

19 personnel to conduct the training; and 

20 (B) technical assistance and equipment to 

21 border officials, including computers, document 

22 readers, and other forms of technology that 

23 may be needed, as appropriate. 

24 (d) AVAILABILITY OF FUNDS.—The Secretary of 

25 Homeland Security may use such sums as are necessary 


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1 from the Comprehensive Immigration Trust Fund estab2 lished under section 6(a)(1) to carry out this section. 

3 TITLE II—IMMIGRANT VISAS 

4 Subtitle A—Registration and Ad5 justment of Registered Provi6 sional Immigrants 

7 SEC. 2101. REGISTERED PROVISIONAL IMMIGRANT STATUS. 

8 (a) AUTHORIZATION.—Chapter 5 of title II (8 U.S.C. 

9 1255 et seq.) is amended by inserting after section 245A 

10 the following: 

11 ‘‘SEC. 245B. ADJUSTMENT OF STATUS OF ELIGIBLE EN12 TRANTS BEFORE DECEMBER 31, 2011, TO 

13 THAT OF REGISTERED PROVISIONAL IMMI14 GRANT. 

15 ‘‘(a) IN GENERAL.—Notwithstanding any other pro16 vision of law, the Secretary of Homeland Security (re17 ferred to in this section and in sections 245C through 

18 245F as the ‘Secretary’), after conducting the national se19 curity and law enforcement clearances required under sub20 section (c)(8), may grant registered provisional immigrant 

21 status to an alien who— 

22 ‘‘(1) meets the eligibility requirements set forth 

23 in subsection (b); 

24 ‘‘(2) submits a completed application before the 

25 end of the period set forth in subsection (c)(3); and 


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1 ‘‘(3) has paid the fee required under subsection 

2 (c)(10)(A) and the penalty required under sub3 section (c)(10)(C), if applicable. 

4 ‘‘(b) ELIGIBILITY REQUIREMENTS.— 

5 ‘‘(1) IN GENERAL.—An alien is not eligible for 

6 registered provisional immigrant status unless the 

7 alien establishes, by a preponderance of the evidence, 

8 that the alien meets the requirements set forth in 

9 this subsection. 

10 ‘‘(2) PHYSICAL PRESENCE.— 

11 ‘‘(A) IN GENERAL.—The alien— 

12 ‘‘(i) shall be physically present in the 

13 United States on the date on which the 

14 alien submits an application for registered 

15 provisional immigrant status; 

16 ‘‘(ii) shall have been physically 

17 present in the United States on or before 

18 December 31, 2011; and 

19 ‘‘(iii) shall have maintained contin20 uous physical presence in the United 

21 States from December 31, 2011, until the 

22 date on which the alien is granted status 

23 as a registered provisional immigrant 

24 under this section. 

25 ‘‘(B) BREAK IN PHYSICAL PRESENCE.— 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), an alien who is absent 

3 from the United States without authoriza4 tion after the date of the enactment of the 

5 Border Security, Economic Opportunity, 

6 and Immigration Modernization Act does 

7 not meet the continuous physical presence 

8 requirement set forth in subparagraph 

9 (A)(iii). 

10 ‘‘(ii) EXCEPTION.—An alien who de11 parted from the United States after De12 cember 31, 2011, will not be considered to 

13 have failed to maintain continuous pres14 ence in the United States if the alien’s ab15 sences from the United States are brief, 

16 casual, and innocent whether or not such 

17 absences were authorized by the Secretary. 

18 ‘‘(3) GROUNDS FOR INELIGIBILITY.— 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraph (B), an alien is ineligible for reg21 istered provisional immigrant status if the Sec22 retary determines that the alien— 

23 ‘‘(i) has a conviction for— 

24 ‘‘(I) an offense classified as a fel25 ony in the convicting jurisdiction 


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1 (other than a State or local offense 

2 for which an essential element was the 

3 alien’s immigration status, or a viola4 tion of this Act); 

5 ‘‘(II) an aggravated felony (as 

6 defined in section 101(a)(43) at the 

7 time of the conviction); 

8 ‘‘(III) 3 or more misdemeanor of9 fenses (other than minor traffic of10 fenses or State or local offenses for 

11 which an essential element was the 

12 alien’s immigration status, or viola13 tions of this Act) if the alien was con14 victed on different dates for each of 

15 the 3 offenses; 

16 ‘‘(IV) any offense under foreign 

17 law, except for a purely political of18 fense, which, if the offense had been 

19 committed in the United States, 

20 would render the alien inadmissible 

21 under section 212(a) (excluding the 

22 paragraphs set forth in clause (ii)) or 

23 removable under section 237(a), ex24 cept as provided in paragraph (3) of 

25 section 237(a); 


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1 ‘‘(V) unlawful voting (as defined 

2 in section 237(a)(6)); 

3 ‘‘(ii) is inadmissible under section 

4 212(a), except that in determining an 

5 alien’s inadmissibility— 

6 ‘‘(I) paragraphs (4), (5), (7), and 

7 (9)(B) of section 212(a) shall not 

8 apply; 

9 ‘‘(II) subparagraphs (A), (C), 

10 (D), (F), and (G) of section 212(a)(6) 

11 and paragraphs (9)(C) and (10)(B) of 

12 section 212(a) shall not apply unless 

13 based on the act of unlawfully enter14 ing the United States after the date 

15 of the enactment of the Border Secu16 rity, Economic Opportunity, and Im17 migration Modernization Act; and 

18 ‘‘(III) paragraphs (6)(B) and 

19 (9)(A) of section 212(a) shall not 

20 apply unless the relevant conduct 

21 began on or after the date on which 

22 the alien files an application for reg23 istered provisional immigrant status 

24 under this section; 


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1 ‘‘(iii) is an alien who the Secretary 

2 knows or has reasonable grounds to be3 lieve, is engaged in or is likely to engage 

4 after entry in any terrorist activity (as de5 fined in section 212(a)(3)(B)(iv)); or 

6 ‘‘(iv) was, on April 16, 2013— 

7 ‘‘(I) an alien lawfully admitted 

8 for permanent residence; 

9 ‘‘(II) an alien admitted as a ref10 ugee under section 207 or granted 

11 asylum under section 208; or 

12 ‘‘(III) an alien who, according to 

13 the records of the Secretary or the 

14 Secretary of State, is lawfully present 

15 in the United States in any non16 immigrant status (other than an alien 

17 considered to be a nonimmigrant sole18 ly due to the application of section 

19 244(f)(4) or the amendment made by 

20 section 702 of the Consolidated Nat21 ural Resources Act of 2008 (Public 

22 Law 110–229)), notwithstanding any 

23 unauthorized employment or other 

24 violation of nonimmigrant status. 

25 ‘‘(B) WAIVER.— 


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1 ‘‘(i) IN GENERAL.—The Secretary 

2 may waive the application of subparagraph 

3 (A)(i)(III) or any provision of section 

4 212(a) that is not listed in clause (ii) on 

5 behalf of an alien for humanitarian pur6 poses, to ensure family unity, or if such a 

7 waiver is otherwise in the public interest. 

8 Any discretionary authority to waive 

9 grounds of inadmissibility under section 

10 212(a) conferred under any other provision 

11 of this Act shall apply equally to aliens 

12 seeking registered provisional status under 

13 this section. 

14 ‘‘(ii) EXCEPTIONS.—The discretionary 

15 authority under clause (i) may not be used 

16 to waive— 

17 ‘‘(I) subparagraph (B), (C), 

18 (D)(ii), (E), (G), (H), or (I) of section 

19 212(a)(2); 

20 ‘‘(II) section 212(a)(3); 

21 ‘‘(III) subparagraph (A), (C), 

22 (D), or (E) of section 212(a)(10); or 

23 ‘‘(IV) with respect to misrepre24 sentations relating to the application 


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1 for registered provisional immigrant 

2 status, section 212(a)(6)(C)(i). 

3 ‘‘(C) CONVICTION EXPLAINED.—For pur4 poses of this paragraph, the term ‘conviction’ 

5 does not include a judgment that has been ex6 punged, set aside, or the equivalent. 

7 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 

8 in this paragraph may be construed to require 

9 the Secretary to commence removal proceedings 

10 against an alien. 

11 ‘‘(4) APPLICABILITY OF OTHER PROVISIONS.— 

12 Sections 208(d)(6) and 240B(d) shall not apply to 

13 any alien filing an application for registered provi14 sional immigrant status under this section. 

15 ‘‘(5) DEPENDENT SPOUSE AND CHILDREN.— 

16 ‘‘(A) IN GENERAL.—Notwithstanding any 

17 other provision of law, the Secretary may clas18 sify the spouse or child of a registered provi19 sional immigrant as a registered provisional im20 migrant dependent if the spouse or child— 

21 ‘‘(i) was physically present in the 

22 United States on or before December 31, 

23 2012, and has maintained continuous pres24 ence in the United States from that date 

25 until the date on which the registered proVerDate Mar 15 2010 19:31 Jul 09, 2013 Jkt 029200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\S744.PAP S744

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1 visional immigrant is granted such status, 

2 with the exception of absences from the 

3 United States that are brief, casual, and 

4 innocent, whether or not such absences 

5 were authorized by the Secretary; and 

6 ‘‘(ii) meets all of the eligibility re7 quirements set forth in this subsection, 

8 other than the requirements of clause (ii) 

9 or (iii) of paragraph (2)(A). 

10 ‘‘(B) EFFECT OF TERMINATION OF LEGAL

11 RELATIONSHIP OR DOMESTIC VIOLENCE.—If 

12 the spousal or parental relationship between an 

13 alien who is granted registered provisional im14 migrant status under this section and the 

15 alien’s spouse or child is terminated due to 

16 death or divorce or the spouse or child has been 

17 battered or subjected to extreme cruelty by the 

18 alien (regardless of whether the legal relation19 ship terminates), the spouse or child may apply 

20 for classification as a registered provisional im21 migrant. 

22 ‘‘(C) EFFECT OF DISQUALIFICATION OF

23 PARENT.—Notwithstanding subsection (c)(3), if 

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1 nated or revoked, the husband, wife, or child of 

2 that spouse or parent shall be eligible to apply 

3 for registered provisional immigrant status 

4 independent of the parent or spouse. 

5 ‘‘(c) APPLICATION PROCEDURES.— 

6 ‘‘(1) IN GENERAL.—An alien, or the dependent 

7 spouse or child of such alien, who meets the eligi8 bility requirements set forth in subsection (b) may 

9 apply for status as a registered provisional immi10 grant or a registered provisional immigrant depend11 ent, as applicable, by submitting a completed appli12 cation form to the Secretary during the application 

13 period set forth in paragraph (3), in accordance with 

14 the final rule promulgated by the Secretary under 

15 the Border Security, Economic Opportunity, and 

16 Immigration Modernization Act. An applicant for 

17 registered provisional immigrant status shall be 

18 treated as an applicant for admission. 

19 ‘‘(2) PAYMENT OF TAXES.— 

20 ‘‘(A) IN GENERAL.—An alien may not file 

21 an application for registered provisional immi22 grant status under paragraph (1) unless the ap23 plicant has satisfied any applicable Federal tax 

24 liability. 


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1 ‘‘(B) DEFINITION OF APPLICABLE FED2 ERAL TAX LIABILITY.—In this paragraph, the 

3 term ‘applicable Federal tax liability’ means all 

4 Federal income taxes assessed in accordance 

5 with section 6203 of the Internal Revenue Code 

6 of 1986. 

7 ‘‘(C) DEMONSTRATION OF COMPLIANCE.— 

8 An applicant may demonstrate compliance with 

9 this paragraph by submitting appropriate docu10 mentation, in accordance with regulations pro11 mulgated by the Secretary, in consultation with 

12 the Secretary of the Treasury. 

13 ‘‘(3) APPLICATION PERIOD.— 

14 ‘‘(A) INITIAL PERIOD.—Except as provided 

15 in subparagraph (B), the Secretary may only 

16 accept applications for registered provisional 

17 immigrant status from aliens in the United 

18 States during the 1-year period beginning on 

19 the date on which the final rule is published in 

20 the Federal Register pursuant to paragraph 

21 (1). 

22 ‘‘(B) EXTENSION.—If the Secretary deter23 mines, during the initial period described in 

24 subparagraph (A), that additional time is re25 quired to process applications for registered 


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1 provisional immigrant status or for other good 

2 cause, the Secretary may extend the period for 

3 accepting applications for such status for an 

4 additional 18 months. 

5 ‘‘(4) APPLICATION FORM.— 

6 ‘‘(A) REQUIRED INFORMATION.— 

7 ‘‘(i) IN GENERAL.—The application 

8 form referred to in paragraph (1) shall col9 lect such information as the Secretary de10 termines to be necessary and appropriate, 

11 including, for the purpose of understanding 

12 immigration trends— 

13 ‘‘(I) an explanation of how, when, 

14 and where the alien entered the 

15 United States; 

16 ‘‘(II) the country in which the 

17 alien resided before entering the 

18 United States; and 

19 ‘‘(III) other demographic infor20 mation specified by the Secretary. 

21 ‘‘(ii) PRIVACY PROTECTIONS.—Infor22 mation described in subclauses (I) through 

23 (III) of clause (i), which shall be provided 

24 anonymously by the applicant on the appli25 cation form referred to in paragraph (1), 


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1 shall be subject to the same confidentiality 

2 provisions as those set forth in section 9 of 

3 title 13, United States Code. 

4 ‘‘(iii) REPORT.—The Secretary shall 

5 submit a report to Congress that contains 

6 a summary of the statistical data about 

7 immigration trends collected pursuant to 

8 clause (i). 

9 ‘‘(B) FAMILY APPLICATION.—The Sec10 retary shall establish a process through which 

11 an alien may submit a single application under 

12 this section on behalf of the alien, his or her 

13 spouse, and his or her children who are residing 

14 in the United States. 

15 ‘‘(C) INTERVIEW.—The Secretary may 

16 interview applicants for registered provisional 

17 immigrant status under this section to deter18 mine whether they meet the eligibility require19 ments set forth in subsection (b). 

20 ‘‘(5) ALIENS APPREHENDED BEFORE OR DUR21 ING THE APPLICATION PERIOD.—If an alien who is 

22 apprehended during the period beginning on the 

23 date of the enactment of the Border Security, Eco24 nomic Opportunity, and Immigration Modernization 

25 Act and the end of the application period described 


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1 in paragraph (3) appears prima facie eligible for 

2 registered provisional immigrant status, to the satis3 faction of the Secretary, the Secretary— 

4 ‘‘(A) shall provide the alien with a reason5 able opportunity to file an application under 

6 this section during such application period; and 

7 ‘‘(B) may not remove the individual until 

8 a final administrative determination is made on 

9 the application. 

10 ‘‘(6) ELIGIBILITY AFTER DEPARTURE.— 

11 ‘‘(A) IN GENERAL.—An alien who departed 

12 from the United States while subject to an 

13 order of exclusion, deportation, or removal, or 

14 pursuant to an order of voluntary departure 

15 and who is outside of the United States, or who 

16 has reentered the United States illegally after 

17 December 31, 2011 without receiving the Sec18 retary’s consent to reapply for admission under 

19 section 212(a)(9), shall not be eligible to file an 

20 application for registered provisional immigrant 

21 status. 

22 ‘‘(B) WAIVER.—The Secretary, in the Sec23 retary’s sole and unreviewable discretion, sub24 ject to subparagraph (D), may waive the appliVerDate Mar 15 2010 19:31 Jul 09, 2013 Jkt 029200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\S744.PAP S744

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1 cation of subparagraph (A) on behalf of an 

2 alien if the alien— 

3 ‘‘(i) is the spouse or child of a United 

4 States citizen or lawful permanent resi5 dent; 

6 ‘‘(ii) is the parent of a child who is a 

7 United States citizen or lawful permanent 

8 resident; 

9 ‘‘(iii) meets the requirements set forth 

10 in clauses (ii) and (iii) of section 

11 245D(b)(1)(A); or 

12 ‘‘(iv) meets the requirements set forth 

13 in section 245D(b)(1)(A)(ii), is 16 years or 

14 older on the date on which the alien ap15 plies for registered provisional immigrant 

16 status, and was physically present in the 

17 United States for an aggregate period of 

18 not less than 3 years during the 6-year pe19 riod immediately preceding the date of the 

20 enactment of the Border Security, Eco21 nomic Opportunity, and Immigration Mod22 ernization Act. 

23 ‘‘(C) ELIGIBILITY.—Subject to subpara24 graph (D) and notwithstanding subsection 

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1 clusion, deportation, or removal, an alien de2 scribed in subparagraph (B) who is otherwise 

3 eligible for registered provisional immigrant sta4 tus may file an application for such status. 

5 ‘‘(D) CRIME VICTIMS’ RIGHTS TO NOTICE

6 AND CONSULTATION.—Prior to applying, or ex7 ercising, any authority under this paragraph, or 

8 ruling upon an application allowed under sub9 paragraph (C) the Secretary shall— 

10 ‘‘(i) determine whether or not an alien 

11 described under subparagraph (B) or (C) 

12 has a conviction for any criminal offense; 

13 ‘‘(ii) in consultation with the agency 

14 that prosecuted the criminal offense under 

15 clause (i), if the agency, in the sole discre16 tion of the agency, is willing to cooperate 

17 with the Secretary, make all reasonable ef18 forts to identify each victim of a crime for 

19 which an alien determined to be a criminal 

20 under clause (i) has a conviction; 

21 ‘‘(iii) in consultation with the agency 

22 that prosecuted the criminal offense under 

23 clause (i), if the agency, in the sole discre24 tion of the agency, is willing to cooperate 

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1 forts to provide each victim identified 

2 under clause (ii) with written notice that 

3 the alien is being considered for a waiver 

4 under this paragraph, specifying in such 

5 notice that the victim may— 

6 ‘‘(I) take no further action; 

7 ‘‘(II) request written notification 

8 by the Secretary of any subsequent 

9 application for waiver filed by the 

10 criminal alien under this paragraph 

11 and of the final determination of the 

12 Secretary regarding such application; 

13 or 

14 ‘‘(III) not later than 60 days 

15 after the date on which the victim re16 ceives written notice under this clause, 

17 request a consultation with the Sec18 retary relating to whether the applica19 tion of the offender should be granted 

20 and if the victim cannot be located or 

21 if no response is received from the vic22 tim within the designated time period, 

23 the Secretary shall proceed with adju24 dication of the application; and 


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1 ‘‘(iv) at the request of a victim under 

2 clause (iii), consult with the victim to de3 termine whether or not the Secretary 

4 should, in the case of an alien who is de5 termined under clause (i) to have a convic6 tion for any criminal offense, exercise waiv7 er authority for an alien described under 

8 subparagraph (B), or grant the application 

9 of an alien described under subparagraph 

10 (C). 

11 ‘‘(E) CRIME VICTIMS’ RIGHT TO INTER12 VENTION.—In addition to the victim notifica13 tion and consultation provided for in subpara14 graph (D), the Secretary shall allow the victim 

15 of a criminal alien described under subpara16 graph (B) or (C) to request consultation re17 garding, or notice of, any application for waiver 

18 filed by the criminal alien under this paragraph, 

19 including the final determination of the Sec20 retary regarding such application. 

21 ‘‘(F) CONFIDENTIALITY PROTECTIONS FOR

22 CRIME VICTIMS.—The Secretary and the Attor23 ney General may not make an adverse deter24 mination of admissibility or deportability of any 

25 alien who is a victim and not lawfully present 


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1 in the United States based solely on informa2 tion supplied or derived in the process of identi3 fication, notification, or consultation under this 

4 paragraph. 

5 ‘‘(G) REPORTS REQUIRED.—Not later than 

6 September 30 of each fiscal year in which the 

7 Secretary exercises authority under this para8 graph to rule upon the application of a criminal 

9 offender allowed under subparagraph (C), the 

10 Secretary shall submit to the Committee on the 

11 Judiciary of the Senate and the Committee on 

12 the Judiciary of the House of Representatives a 

13 report detailing the execution of the victim 

14 identification and notification process required 

15 under subparagraph (D), which shall include— 

16 ‘‘(i) the total number of criminal of17 fenders who have filed an application 

18 under subparagraph (C) and the crimes 

19 committed by such offenders; 

20 ‘‘(ii) the total number of criminal of21 fenders whose application under subpara22 graph (C) has been granted and the crimes 

23 committed by such offenders; and 

24 ‘‘(iii) the total number of victims of 

25 criminal offenders under clause (ii) who 


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1 were not provided with written notice of 

2 the offender’s application and the crimes 

3 committed against the victims. 

4 ‘‘(H) DEFINITION.—In this paragraph, the 

5 term ‘victim’ has the meaning given the term in 

6 section 503(e) of the Victims’ Rights and Res7 titution Act of 1990 (42 U.S.C. 10607(e)). 

8 ‘‘(7) SUSPENSION OF REMOVAL DURING APPLI9 CATION PERIOD.— 

10 ‘‘(A) PROTECTION FROM DETENTION OR

11 REMOVAL.—A registered provisional immigrant 

12 may not be detained by the Secretary or re13 moved from the United States, unless— 

14 ‘‘(i) the Secretary determines that— 

15 ‘‘(I) such alien is, or has become, 

16 ineligible for registered provisional im17 migrant status under subsection 

18 (b)(3); or 

19 ‘‘(II) the alien’s registered provi20 sional immigrant status has been re21 voked under subsection (d)(2). 

22 ‘‘(B) ALIENS IN REMOVAL PRO23 CEEDINGS.—Notwithstanding any other provi24 sion of this Act— 


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1 ‘‘(i) if the Secretary determines that 

2 an alien, during the period beginning on 

3 the date of the enactment of this section 

4 and ending on the last day of the applica5 tion period described in paragraph (3), is 

6 in removal, deportation, or exclusion pro7 ceedings before the Executive Office for 

8 Immigration Review and is prima facie eli9 gible for registered provisional immigrant 

10 status under this section— 

11 ‘‘(I) the Secretary shall provide 

12 the alien with the opportunity to file 

13 an application for such status; and 

14 ‘‘(II) upon motion by the Sec15 retary and with the consent of the 

16 alien or upon motion by the alien, the 

17 Executive Office for Immigration Re18 view shall— 

19 ‘‘(aa) terminate such pro20 ceedings without prejudice to fu21 ture proceedings on any basis; 

22 and 

23 ‘‘(bb) provide the alien a 

24 reasonable opportunity to apply 

25 for such status; and 


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1 ‘‘(ii) if the Executive Office for Immi2 gration Review determines that an alien, 

3 during the period beginning on the date of 

4 the enactment of this section and ending 

5 on the last day of the application period 

6 described in paragraph (3), is in removal, 

7 deportation, or exclusion proceedings be8 fore the Executive Office for Immigration 

9 Review and is prima facie eligible for reg10 istered provisional immigrant status under 

11 this section— 

12 ‘‘(I) the Executive Office of Im13 migration Review shall notify the Sec14 retary of such determination; and 

15 ‘‘(II) if the Secretary does not 

16 dispute the determination of prima 

17 facie eligibility within 7 days after 

18 such notification, the Executive Office 

19 for Immigration Review, upon consent 

20 of the alien, shall— 

21 ‘‘(aa) terminate such pro22 ceedings without prejudice to fu23 ture proceedings on any basis; 

24 and 


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1 ‘‘(bb) permit the alien a rea2 sonable opportunity to apply for 

3 such status. 

4 ‘‘(C) TREATMENT OF CERTAIN ALIENS.— 

5 ‘‘(i) IN GENERAL.—If an alien who 

6 meets the eligibility requirements set forth 

7 in subsection (b) is present in the United 

8 States and has been ordered excluded, de9 ported, or removed, or ordered to depart 

10 voluntarily from the United States under 

11 any provision of this Act— 

12 ‘‘(I) notwithstanding such order 

13 or section 241(a)(5), the alien may 

14 apply for registered provisional immi15 grant status under this section; and 

16 ‘‘(II) if the alien is granted such 

17 status, the alien shall file a motion to 

18 reopen the exclusion, deportation, re19 moval, or voluntary departure order, 

20 which motion shall be granted unless 

21 1 or more of the grounds of ineligi22 bility is established by clear and con23 vincing evidence. 

24 ‘‘(ii) LIMITATIONS ON MOTIONS TO

25 REOPEN.—The limitations on motions to 


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1 reopen set forth in section 240(c)(7) shall 

2 not apply to motions filed under clause 

3 (i)(II). 

4 ‘‘(D) PERIOD PENDING ADJUDICATION OF

5 APPLICATION.— 

6 ‘‘(i) IN GENERAL.—During the period 

7 beginning on the date on which an alien 

8 applies for registered provisional immi9 grant status under paragraph (1) and the 

10 date on which the Secretary makes a final 

11 decision regarding such application, the 

12 alien— 

13 ‘‘(I) may receive advance parole 

14 to reenter the United States if urgent 

15 humanitarian circumstances compel 

16 such travel; 

17 ‘‘(II) may not be detained by the 

18 Secretary or removed from the United 

19 States unless the Secretary makes a 

20 prima facie determination that such 

21 alien is, or has become, ineligible for 

22 registered provisional immigrant sta23 tus under subsection (b)(3); 


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1 ‘‘(III) shall not be considered un2 lawfully present for purposes of sec3 tion 212(a)(9)(B); and 

4 ‘‘(IV) shall not be considered an 

5 unauthorized alien (as defined in sec6 tion 274A(h)(3)). 

7 ‘‘(ii) EVIDENCE OF APPLICATION FIL8 ING.—As soon as practicable after receiv9 ing each application for registered provi10 sional immigrant status, the Secretary 

11 shall provide the applicant with a docu12 ment acknowledging the receipt of such ap13 plication. 

14 ‘‘(iii) CONTINUING EMPLOYMENT.— 

15 An employer who knows that an alien em16 ployee is an applicant for registered provi17 sional immigrant status or will apply for 

18 such status once the application period 

19 commences is not in violation of section 

20 274A(a)(2) if the employer continues to 

21 employ the alien pending the adjudication 

22 of the alien employee’s application. 

23 ‘‘(iv) EFFECT OF DEPARTURE.—Sec24 tion 101(g) shall not apply to an alien 

25 granted— 


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1 ‘‘(I) advance parole under clause 

2 (i)(I) to reenter the United States; or 

3 ‘‘(II) registered provisional immi4 grant status. 

5 ‘‘(8) SECURITY AND LAW ENFORCEMENT

6 CLEARANCES.— 

7 ‘‘(A) BIOMETRIC AND BIOGRAPHIC

8 DATA.—The Secretary may not grant registered 

9 provisional immigrant status to an alien or an 

10 alien dependent spouse or child under this sec11 tion unless such alien submits biometric and 

12 biographic data in accordance with procedures 

13 established by the Secretary. 

14 ‘‘(B) ALTERNATIVE PROCEDURES.—The 

15 Secretary shall provide an alternative procedure 

16 for applicants who cannot provide the biometric 

17 data required under subparagraph (A) because 

18 of a physical impairment. 

19 ‘‘(C) CLEARANCES.— 

20 ‘‘(i) DATA COLLECTION.—The Sec21 retary shall collect, from each alien apply22 ing for status under this section, biometric, 

23 biographic, and other data that the Sec24 retary determines to be appropriate— 


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1 ‘‘(I) to conduct national security 

2 and law enforcement clearances; and 

3 ‘‘(II) to determine whether there 

4 are any national security or law en5 forcement factors that would render 

6 an alien ineligible for such status. 

7 ‘‘(ii) ADDITIONAL SECURITY SCREEN8 ING.—The Secretary, in consultation with 

9 the Secretary of State and other inter10 agency partners, shall conduct an addi11 tional security screening upon determining, 

12 in the Secretary’s opinion based upon in13 formation related to national security, that 

14 an alien or alien dependent spouse or child 

15 is or was a citizen or long-term resident of 

16 a region or country known to pose a 

17 threat, or that contains groups or organi18 zations that pose a threat, to the national 

19 security of the United States. 

20 ‘‘(iii) PREREQUISITE.—The required 

21 clearances and screenings described in 

22 clauses (i)(I) and (ii) shall be completed 

23 before the alien may be granted registered 

24 provisional immigrant status. 

25 ‘‘(9) DURATION OF STATUS AND EXTENSION.— 


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1 ‘‘(A) IN GENERAL.—The initial period of 

2 authorized admission for a registered provi3 sional immigrant— 

4 ‘‘(i) shall remain valid for 6 years un5 less revoked pursuant to subsection (d)(2); 

6 and 

7 ‘‘(ii) may be extended for additional 

8 6-year terms if— 

9 ‘‘(I) the alien remains eligible for 

10 registered provisional immigrant sta11 tus; 

12 ‘‘(II) the alien meets the employ13 ment requirements set forth in sub14 paragraph (B); 

15 ‘‘(III) the alien has successfully 

16 passed background checks that are 

17 equivalent to the background checks 

18 described in section 245D(b)(1)(E); 

19 and 

20 ‘‘(IV) such status was not re21 voked by the Secretary for any reason. 

22 ‘‘(B) EMPLOYMENT OR EDUCATION RE23 QUIREMENT.—Except as provided in subpara24 graphs (D) and (E) of section 245C(b)(3), an 

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1 istered provisional immigrant status under this 

2 paragraph unless the alien establishes that, 

3 during the alien’s period of status as a reg4 istered provisional immigrant, the alien— 

5 ‘‘(i)(I) was regularly employed 

6 throughout the period of admission as a 

7 registered provisional immigrant, allowing 

8 for brief periods lasting not more than 60 

9 days; and 

10 ‘‘(II) is not likely to become a public 

11 charge (as determined under section 

12 212(a)(4)); or 

13 ‘‘(ii) is able to demonstrate average 

14 income or resources that are not less than 

15 100 percent of the Federal poverty level 

16 throughout the period of admission as a 

17 registered provisional immigrant. 

18 ‘‘(C) PAYMENT OF TAXES.—An applicant 

19 may not be granted an extension of registered 

20 provisional immigrant status under subpara21 graph (A)(ii) unless the applicant has satisfied 

22 any applicable Federal tax liability in accord23 ance with paragraph (2). 

24 ‘‘(10) FEES AND PENALTIES.— 

25 ‘‘(A) STANDARD PROCESSING FEE.— 


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1 ‘‘(i) IN GENERAL.—Aliens who are 16 

2 years of age or older and are applying for 

3 registered provisional immigrant status 

4 under paragraph (1), or for an extension 

5 of such status under paragraph (9)(A)(ii), 

6 shall pay a processing fee to the Depart7 ment of Homeland Security in an amount 

8 determined by the Secretary. 

9 ‘‘(ii) RECOVERY OF COSTS.—The 

10 processing fee authorized under clause (i) 

11 shall be set at a level that is sufficient to 

12 recover the full costs of processing the ap13 plication, including any costs incurred— 

14 ‘‘(I) to adjudicate the application; 

15 ‘‘(II) to take and process bio16 metrics; 

17 ‘‘(III) to perform national secu18 rity and criminal checks, including ad19 judication; 

20 ‘‘(IV) to prevent and investigate 

21 fraud; and 

22 ‘‘(V) to administer the collection 

23 of such fee. 

24 ‘‘(iii) AUTHORITY TO LIMIT FEES.— 

25 The Secretary, by regulation, may— 


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1 ‘‘(I) limit the maximum proc2 essing fee payable under this subpara3 graph by a family, including spouses 

4 and unmarried children younger than 

5 21 years of age; and 

6 ‘‘(II) exempt defined classes of 

7 individuals, including individuals de8 scribed in section 245B(c)(13), from 

9 the payment of the fee authorized 

10 under clause (i). 

11 ‘‘(B) DEPOSIT AND USE OF PROCESSING

12 FEES.—Fees collected under subparagraph 

13 (A)(i)— 

14 ‘‘(i) shall be deposited into the Immi15 gration Examinations Fee Account pursu16 ant to section 286(m); and 

17 ‘‘(ii) shall remain available until ex18 pended pursuant to section 286(n). 

19 ‘‘(C) PENALTY.— 

20 ‘‘(i) PAYMENT.—In addition to the 

21 processing fee required under subpara22 graph (A), aliens not described in section 

23 245D(b)(A)(ii) who are 21 years of age or 

24 older and are filing an application under 


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1 this subsection shall pay a $1,000 penalty 

2 to the Department of Homeland Security. 

3 ‘‘(ii) INSTALLMENTS.—The Secretary 

4 shall establish a process for collecting pay5 ments required under clause (i) that per6 mits the penalty under that clause to be 

7 paid in periodic installments that shall be 

8 completed before the alien may be granted 

9 an extension of status under paragraph 

10 (9)(A)(ii). 

11 ‘‘(iii) DEPOSIT.—Penalties collected 

12 pursuant to this subparagraph shall be de13 posited into the Comprehensive Immigra14 tion Reform Trust Fund established under 

15 section 6(a)(1) of the Border Security, 

16 Economic Opportunity, and Immigration 

17 Modernization Act. 

18 ‘‘(11) ADJUDICATION.— 

19 ‘‘(A) FAILURE TO SUBMIT SUFFICIENT

20 EVIDENCE.—The Secretary shall deny an appli21 cation submitted by an alien who fails to sub22 mit— 

23 ‘‘(i) requested initial evidence, includ24 ing requested biometric data; or 


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1 ‘‘(ii) any requested additional evidence 

2 by the date required by the Secretary. 

3 ‘‘(B) AMENDED APPLICATION.—An alien 

4 whose application for registered provisional im5 migrant status is denied under subparagraph 

6 (A) may file an amended application for such 

7 status to the Secretary if the amended applica8 tion— 

9 ‘‘(i) is filed within the application pe10 riod described in paragraph (3); and 

11 ‘‘(ii) contains all the required informa12 tion and fees that were missing from the 

13 initial application. 

14 ‘‘(12) EVIDENCE OF REGISTERED PROVISIONAL

15 IMMIGRANT STATUS.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall 

17 issue documentary evidence of registered provi18 sional immigrant status to each alien whose ap19 plication for such status has been approved. 

20 ‘‘(B) DOCUMENTATION FEATURES.—Docu21 mentary evidence provided under subparagraph 

22 (A)— 

23 ‘‘(i) shall be machine-readable and 

24 tamper-resistant, and shall contain a 

25 digitized photograph; 


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1 ‘‘(ii) shall, during the alien’s author2 ized period of admission, and any exten3 sion of such authorized admission, serve as 

4 a valid travel and entry document for the 

5 purpose of applying for admission to the 

6 United States; 

7 ‘‘(iii) may be accepted during the pe8 riod of its validity by an employer as evi9 dence of employment authorization and 

10 identity under section 274A(b)(1)(B); 

11 ‘‘(iv) shall indicate that the alien is 

12 authorized to work in the United States 

13 for up to 3 years; and 

14 ‘‘(v) shall include such other features 

15 and information as may be prescribed by 

16 the Secretary. 

17 ‘‘(13) DACA RECIPIENTS.—Unless the Sec18 retary determines that an alien who was granted De19 ferred Action for Childhood Arrivals (referred to in 

20 this paragraph as ‘DACA’) pursuant to the Sec21 retary’s memorandum of June 15, 2012, has en22 gaged in conduct since the alien was granted DACA 

23 that would make the alien ineligible for registered 

24 provisional immigrant status, the Secretary may 

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1 curity and law enforcement clearances have been 

2 completed on behalf of the alien. 

3 ‘‘(d) TERMS AND CONDITIONS OF REGISTERED PRO4 VISIONAL IMMIGRANT STATUS.— 

5 ‘‘(1) CONDITIONS OF REGISTERED PROVISIONAL

6 IMMIGRANT STATUS.— 

7 ‘‘(A) EMPLOYMENT.—Notwithstanding any 

8 other provision of law, including section 

9 241(a)(7), a registered provisional immigrant 

10 shall be authorized to be employed in the 

11 United States while in such status. 

12 ‘‘(B) TRAVEL OUTSIDE THE UNITED

13 STATES.—A registered provisional immigrant 

14 may travel outside of the United States and 

15 may be admitted, if otherwise admissible, upon 

16 returning to the United States without having 

17 to obtain a visa if— 

18 ‘‘(i) the alien is in possession of— 

19 ‘‘(I) valid, unexpired documen20 tary evidence of registered provisional 

21 immigrant status that complies with 

22 subsection (c)(12); or 

23 ‘‘(II) a travel document, duly ap24 proved by the Secretary, that was 

25 issued to the alien after the alien’s 


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1 original documentary evidence was 

2 lost, stolen, or destroyed; 

3 ‘‘(ii) the alien’s absence from the 

4 United States did not exceed 180 days, un5 less the alien’s failure to timely return was 

6 due to extenuating circumstances beyond 

7 the alien’s control; 

8 ‘‘(iii) the alien meets the requirements 

9 for an extension as described in subclauses 

10 (I) and (III) of paragraph (9)(A); and 

11 ‘‘(iv) the alien establishes that the 

12 alien is not inadmissible under subpara13 graph (A)(i), (A)(iii), (B), or (C) of section 

14 212(a)(3). 

15 ‘‘(C) ADMISSION.—An alien granted reg16 istered provisional immigrant status under this 

17 section shall be considered to have been admit18 ted and lawfully present in the United States in 

19 such status as of the date on which the alien’s 

20 application was filed. 

21 ‘‘(D) CLARIFICATION OF STATUS.—An 

22 alien granted registered provisional immigrant 

23 status— 

24 ‘‘(i) is lawfully admitted to the United 

25 States; and 


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1 ‘‘(ii) may not be classified as a non2 immigrant or as an alien who has been 

3 lawfully admitted for permanent residence. 

4 ‘‘(2) REVOCATION.— 

5 ‘‘(A) IN GENERAL.—The Secretary may re6 voke the status of a registered provisional immi7 grant at any time after providing appropriate 

8 notice to the alien, and after the exhaustion or 

9 waiver of all applicable administrative review 

10 procedures under section 245E(c), if the 

11 alien— 

12 ‘‘(i) no longer meets the eligibility re13 quirements set forth in subsection (b); 

14 ‘‘(ii) knowingly used documentation 

15 issued under this section for an unlawful 

16 or fraudulent purpose; 

17 ‘‘(iii) is convicted of fraudulently 

18 claiming or receiving a Federal means-test19 ed benefit (as defined and implemented in 

20 section 403 of the Personal Responsibility 

21 and Work Opportunity Reconciliation Act 

22 of 1996 (8 U.S.C. 1613)) after being 

23 granted registered provisional immigrant 

24 status; or 


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1 ‘‘(iv) was absent from the United 

2 States— 

3 ‘‘(I) for any single period longer 

4 than 180 days in violation of the re5 quirements set forth in paragraph 

6 (1)(B)(ii); or 

7 ‘‘(II) for more than 180 days in 

8 the aggregate during any calendar 

9 year, unless the alien’s failure to time10 ly return was due to extenuating cir11 cumstances beyond the alien’s control. 

12 ‘‘(B) ADDITIONAL EVIDENCE.—In deter13 mining whether to revoke an alien’s status 

14 under subparagraph (A), the Secretary may re15 quire the alien— 

16 ‘‘(i) to submit additional evidence; or 

17 ‘‘(ii) to appear for an interview. 

18 ‘‘(C) INVALIDATION OF DOCUMENTA19 TION.—If an alien’s registered provisional im20 migrant status is revoked under subparagraph 

21 (A), any documentation issued by the Secretary 

22 to such alien under subsection (c)(12) shall 

23 automatically be rendered invalid for any pur24 pose except for departure from the United 

25 States. 


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1 ‘‘(3) INELIGIBILITY FOR PUBLIC BENEFITS.— 

2 ‘‘(A) IN GENERAL.—An alien who has been 

3 granted registered provisional immigrant status 

4 under this section is not eligible for any Federal 

5 means-tested public benefit (as defined and im6 plemented in section 403 of the Personal Re7 sponsibility and Work Opportunity Reconcili8 ation Act of 1996 (8 U.S.C. 1613)). 

9 ‘‘(B) AUDITS.—The Secretary of Health 

10 and Human Services shall conduct regular au11 dits to ensure that registered provisional immi12 grants are not fraudulently receiving any of the 

13 benefits described in subparagraph (A). 

14 ‘‘(4) TREATMENT OF REGISTERED PROVISIONAL

15 IMMIGRANTS.—A noncitizen granted registered pro16 visional immigrant status under this section shall be 

17 considered lawfully present in the United States for 

18 all purposes while such noncitizen remains in such 

19 status, except that the noncitizen— 

20 ‘‘(A) is not entitled to the premium assist21 ance tax credit authorized under section 36B of 

22 the Internal Revenue Code of 1986 for his or 

23 her coverage; 


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1 ‘‘(B) shall be subject to the rules applica2 ble to individuals not lawfully present that are 

3 set forth in subsection (e) of such section; 

4 ‘‘(C) shall be subject to the rules applicable 

5 to individuals not lawfully present that are set 

6 forth in section 1402(e) of the Patient Protec7 tion and Affordable Care Act (42 U.S.C. 

8 18071); and 

9 ‘‘(D) shall be subject to the rules applica10 ble to individuals not lawfully present set forth 

11 in section 5000A(d)(3) of the Internal Revenue 

12 Code of 1986. 

13 ‘‘(5) ASSIGNMENT OF SOCIAL SECURITY NUM14 BER.— 

15 ‘‘(A) IN GENERAL.—The Commissioner of 

16 Social Security, in coordination with the Sec17 retary, shall implement a system to allow for 

18 the assignment of a Social Security number and 

19 the issuance of a Social Security card to each 

20 alien who has been granted registered provi21 sional immigrant status under this section. 

22 ‘‘(B) USE OF INFORMATION.—The Sec23 retary shall provide the Commissioner of Social 

24 Security with information from the applications 

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1 migrant status under this section and such 

2 other information as the Commissioner deter3 mines to be necessary to assign a Social Secu4 rity account number to such aliens. The Com5 missioner may use information received from 

6 the Secretary under this subparagraph to as7 sign Social Security account numbers to such 

8 aliens and to administer the programs of the 

9 Social Security Administration. The Commis10 sioner may maintain, use, and disclose such in11 formation only as permitted under section 552a 

12 of title 5, United States Code (commonly known 

13 as the Privacy Act of 1974) and other applica14 ble Federal laws. 

15 ‘‘(e) DISSEMINATION OF INFORMATION ON REG16 ISTERED PROVISIONAL IMMIGRANT PROGRAM.—As soon 

17 as practicable after the date of the enactment of the Bor18 der Security, Economic Opportunity, and Immigration 

19 Modernization Act, the Secretary, in cooperation with en20 tities approved by the Secretary, and in accordance with 

21 a plan adopted by the Secretary, shall broadly dissemi22 nate, in the most common languages spoken by aliens who 

23 would qualify for registered provisional immigrant status 

24 under this section, to television, radio, print, and social 

25 media to which such aliens would likely have access— 


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1 ‘‘(1) the procedures for applying for such sta2 tus; 

3 ‘‘(2) the terms and conditions of such status; 

4 and 

5 ‘‘(3) the eligibility requirements for such sta6 tus.’’. 

7 (b) ENLISTMENT IN THE ARMED FORCES.—Section 

8 504(b)(1) of title 10, United States Code, is amended by 

9 adding at the end the following: 

10 ‘‘(D) An alien who has been granted registered 

11 provisional immigrant status under section 245B of 

12 the Immigration and Nationality Act.’’. 

13 SEC. 2102. ADJUSTMENT OF STATUS OF REGISTERED PRO14 VISIONAL IMMIGRANTS. 

15 (a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 

16 1255 et seq.) is amended by inserting after section 245B, 

17 as added by section 2101 of this title, the following: 

18 ‘‘SEC. 245C. ADJUSTMENT OF STATUS OF REGISTERED PRO19 VISIONAL IMMIGRANTS. 

20 ‘‘(a) IN GENERAL.—Subject to section 245E(d) and 

21 section 2302(c)(3) of the Border Security, Economic Op22 portunity, and Immigration Modernization Act, the Sec23 retary may adjust the status of a registered provisional 

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1 isfies the eligibility requirements set forth in subsection 

2 (b). 

3 ‘‘(b) ELIGIBILITY REQUIREMENTS.— 

4 ‘‘(1) REGISTERED PROVISIONAL IMMIGRANT

5 STATUS.— 

6 ‘‘(A) IN GENERAL.—The alien was granted 

7 registered provisional immigrant status under 

8 section 245B and remains eligible for such sta9 tus. 

10 ‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— 

11 The alien establishes, to the satisfaction of the 

12 Secretary, that the alien was not continuously 

13 absent from the United States for more than 

14 180 days in any calendar year during the pe15 riod of admission as a registered provisional im16 migrant, unless the alien’s absence was due to 

17 extenuating circumstances beyond the alien’s 

18 control. 

19 ‘‘(C) MAINTENANCE OF WAIVERS OF INAD20 MISSIBILITY.—The grounds of inadmissibility 

21 set forth in section 212(a) that were previously 

22 waived for the alien or made inapplicable under 

23 section 245B(b) shall not apply for purposes of 

24 the alien’s adjustment of status under this sec25 tion. 


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1 ‘‘(D) PENDING REVOCATION PRO2 CEEDINGS.—If the Secretary has notified the 

3 applicant that the Secretary intends to revoke 

4 the applicant’s registered provisional immigrant 

5 status under section 245B(d)(2)(A), the Sec6 retary may not approve an application for ad7 justment of status under this section unless the 

8 Secretary makes a final determination not to 

9 revoke the applicant’s status. 

10 ‘‘(2) PAYMENT OF TAXES.— 

11 ‘‘(A) IN GENERAL.—An applicant may not 

12 file an application for adjustment of status 

13 under this section unless the applicant has sat14 isfied any applicable Federal tax liability. 

15 ‘‘(B) DEFINITION OF APPLICABLE FED16 ERAL TAX LIABILITY.—In subparagraph (A), 

17 the term ‘applicable Federal tax liability’ means 

18 all Federal income taxes assessed in accordance 

19 with section 6203 of the Internal Revenue Code 

20 of 1986 since the date on which the applicant 

21 was authorized to work in the United States as 

22 a registered provisional immigrant under sec23 tion 245B(a). 

24 ‘‘(C) COMPLIANCE.—The applicant may 

25 demonstrate compliance with subparagraph (A) 


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1 by submitting such documentation as the Sec2 retary, in consultation with the Secretary of the 

3 Treasury, may require by regulation. 

4 ‘‘(3) EMPLOYMENT REQUIREMENT.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraphs (D) and (E), an alien applying 

7 for adjustment of status under this section shall 

8 establish that, during his or her period of status 

9 as a registered provisional immigrant, he or 

10 she— 

11 ‘‘(i)(I) was regularly employed 

12 throughout the period of admission as a 

13 registered provisional immigrant, allowing 

14 for brief periods lasting not more than 60 

15 days; and 

16 ‘‘(II) is not likely to become a public 

17 charge (as determined under section 

18 212(a)(4)); or 

19 ‘‘(ii) can demonstrate average income 

20 or resources that are not less than 125 

21 percent of the Federal poverty level 

22 throughout the period of admission as a 

23 registered provisional immigrant. 

24 ‘‘(B) EVIDENCE OF EMPLOYMENT.— 


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1 ‘‘(i) DOCUMENTS.—An alien may sat2 isfy the employment requirement under 

3 subparagraph (A)(i) by submitting, to the 

4 Secretary, records that— 

5 ‘‘(I) establish, by the preponder6 ance of the evidence, compliance with 

7 such employment requirement; and 

8 ‘‘(II) have been maintained by 

9 the Social Security Administration, 

10 the Internal Revenue Service, or any 

11 other Federal, State, or local govern12 ment agency. 

13 ‘‘(ii) OTHER DOCUMENTS.—An alien 

14 who is unable to submit the records de15 scribed in clause (i) may satisfy the em16 ployment or education requirement under 

17 subparagraph (A) by submitting to the 

18 Secretary at least 2 types of reliable docu19 ments not described in clause (i) that pro20 vide evidence of employment or education, 

21 including— 

22 ‘‘(I) bank records; 

23 ‘‘(II) business records; 

24 ‘‘(III) employer records; 


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1 ‘‘(IV) records of a labor union, 

2 day labor center, or organization that 

3 assists workers in employment; 

4 ‘‘(V) sworn affidavits from non5 relatives who have direct knowledge of 

6 the alien’s work or education, that 

7 contain— 

8 ‘‘(aa) the name, address, 

9 and telephone number of the affi10 ant; 

11 ‘‘(bb) the nature and dura12 tion of the relationship between 

13 the affiant and the alien; and 

14 ‘‘(cc) other verification or 

15 information; 

16 ‘‘(VI) remittance records; and 

17 ‘‘(VII) school records from insti18 tutions described in subparagraph 

19 (D). 

20 ‘‘(iii) ADDITIONAL DOCUMENTS AND

21 RESTRICTIONS.—The Secretary may— 

22 ‘‘(I) designate additional docu23 ments that may be used to establish 

24 compliance with the requirement 

25 under subparagraph (A); and 


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1 ‘‘(II) set such terms and condi2 tions on the use of affidavits as may 

3 be necessary to verify and confirm the 

4 identity of any affiant or to otherwise 

5 prevent fraudulent submissions. 

6 ‘‘(C) SATISFACTION OF EMPLOYMENT RE7 QUIREMENT.—An alien may not be required to 

8 satisfy the employment requirements under this 

9 section with a single employer. 

10 ‘‘(D) EDUCATION PERMITTED.—An alien 

11 may satisfy the requirement under subpara12 graph (A), in whole or in part, by providing evi13 dence of full-time attendance at— 

14 ‘‘(i) an institution of higher education 

15 (as defined in section 102(a) of the Higher 

16 Education Act of 1965 (20 U.S.C. 

17 1002(a))); 

18 ‘‘(ii) a secondary school, including a 

19 public secondary school (as defined in sec20 tion 9101 of the Elementary and Sec21 ondary Education Act of 1965 (20 U.S.C. 

22 7801)); 

23 ‘‘(iii) an education, literacy, or career 

24 and technical training program (including 

25 vocational training) that is designed to 


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1 lead to placement in postsecondary edu2 cation, job training, or employment 

3 through which the alien is working toward 

4 such placement; or 

5 ‘‘(iv) an education program assisting 

6 students either in obtaining a high school 

7 equivalency diploma, certificate, or its rec8 ognized equivalent under State law (includ9 ing a certificate of completion, certificate 

10 of attendance, or alternate award), or in 

11 passing a General Educational Develop12 ment exam or other equivalent State-au13 thorized exam or completed other applica14 ble State requirements for high school 

15 equivalency. 

16 ‘‘(E) AUTHORIZATION OF EXCEPTIONS

17 AND WAIVERS.— 

18 ‘‘(i) EXCEPTIONS BASED ON AGE OR

19 DISABILITY.—The employment and edu20 cation requirements under this paragraph 

21 shall not apply to any alien who— 

22 ‘‘(I) is younger than 21 years of 

23 age on the date on which the alien 

24 files an application for the first exten25 sion of the initial period of authorized 


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1 admission as a registered provisional 

2 immigrant; 

3 ‘‘(II) is at least 60 years of age 

4 on the date on which the alien files an 

5 application for an extension of reg6 istered provisional immigrant status 

7 or at least 65 years of age on the date 

8 on which the alien’s application for 

9 adjustment of status is filed under 

10 this section; or 

11 ‘‘(III) has a physical or mental 

12 disability (as defined in section 3(2) 

13 of the Americans with Disabilities Act 

14 of 1990 (42 U.S.C. 12102(2))) or as 

15 a result of pregnancy if such condition 

16 is evidenced by the submission of doc17 umentation prescribed by the Sec18 retary. 

19 ‘‘(ii) FAMILY EXCEPTIONS.—The em20 ployment and education requirements 

21 under this paragraph shall not apply to 

22 any alien who is a dependent registered 

23 provisional immigrant under subsection 

24 (b)(5). 


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1 ‘‘(iii) TEMPORARY EXCEPTIONS.—The 

2 employment and education requirements 

3 under this paragraph shall not apply dur4 ing any period during which the alien— 

5 ‘‘(I) was on medical leave, mater6 nity leave, or other employment leave 

7 authorized by Federal law, State law, 

8 or the policy of the employer; 

9 ‘‘(II) is or was the primary care10 taker of a child or another person who 

11 requires supervision or is unable to 

12 care for himself or herself; or 

13 ‘‘(III) was unable to work due to 

14 circumstances outside the control of 

15 the alien. 

16 ‘‘(iv) WAIVER.—The Secretary may 

17 waive the employment or education re18 quirements under this paragraph with re19 spect to any individual alien who dem20 onstrates extreme hardship to himself or 

21 herself or to a spouse, parent, or child who 

22 is a United States citizen or lawful perma23 nent resident. 

24 ‘‘(4) ENGLISH SKILLS.— 


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1 ‘‘(A) IN GENERAL.—Except as provided 

2 under subparagraph (C), a registered provi3 sional immigrant who is 16 years of age or 

4 older shall establish that he or she— 

5 ‘‘(i) meets the requirements set forth 

6 in section 312; or 

7 ‘‘(ii) is satisfactorily pursuing a 

8 course of study, pursuant to standards es9 tablished by the Secretary of Education, in 

10 consultation with the Secretary, to achieve 

11 an understanding of English and knowl12 edge and understanding of the history and 

13 Government of the United States, as de14 scribed in section 312(a). 

15 ‘‘(B) RELATION TO NATURALIZATION EX16 AMINATION.—A registered provisional immi17 grant who demonstrates that he or she meets 

18 the requirements set forth in section 312 may 

19 be considered to have satisfied such require20 ments for purposes of becoming naturalized as 

21 a citizen of the United States. 

22 ‘‘(C) EXCEPTIONS.— 

23 ‘‘(i) MANDATORY.—Subparagraph (A) 

24 shall not apply to any person who is unable 

25 to comply with the requirements under 


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1 that subparagraph because of a physical or 

2 developmental disability or mental impair3 ment. 

4 ‘‘(ii) DISCRETIONARY.—The Secretary 

5 may waive all or part of subparagraph (A) 

6 for a registered provisional immigrant who 

7 is 70 years of age or older on the date on 

8 which an application is filed for adjust9 ment of status under this section. 

10 ‘‘(5) MILITARY SELECTIVE SERVICE.—The alien 

11 shall provide proof of registration under the Military 

12 Selective Service Act (50 U.S.C. App. 451 et seq.), 

13 if the alien is subject to such registration on or after 

14 the date on which the alien’s application for reg15 istered provisional immigrant status is granted. 

16 ‘‘(c) APPLICATION PROCEDURES.— 

17 ‘‘(1) IN GENERAL.—Beginning on the date de18 scribed in paragraph (2), a registered provisional im19 migrant, or a registered provisional immigrant de20 pendent, who meets the eligibility requirements set 

21 forth in subsection (b) may apply for adjustment of 

22 status to that of an alien lawfully admitted for per23 manent residence by submitting an application to 

24 the Secretary that includes the evidence required, by 


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1 regulation, to demonstrate the applicant’s eligibility 

2 for such adjustment. 

3 ‘‘(2) BACK OF THE LINE.—The status of a reg4 istered provisional immigrant may not be adjusted to 

5 that of an alien lawfully admitted for permanent res6 idence under this section until after the Secretary of 

7 State certifies that immigrant visas have become 

8 available for all approved petitions for immigrant 

9 visas that were filed under sections 201 and 203 be10 fore the date of the enactment of the Border Secu11 rity, Economic Opportunity, and Immigration Mod12 ernization Act. 

13 ‘‘(3) INTERVIEW.—The Secretary may interview 

14 applicants for adjustment of status under this sec15 tion to determine whether they meet the eligibility 

16 requirements set forth in subsection (b). 

17 ‘‘(4) SECURITY AND LAW ENFORCEMENT

18 CLEARANCES.—The Secretary may not adjust the 

19 status of a registered provisional immigrant under 

20 this section until renewed national security and law 

21 enforcement clearances have been completed with re22 spect to the registered provisional immigrant, to the 

23 satisfaction of the Secretary. 

24 ‘‘(5) FEES AND PENALTIES.— 

25 ‘‘(A) PROCESSING FEES.— 


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1 ‘‘(i) IN GENERAL.—The Secretary 

2 shall impose a processing fee on applicants 

3 for adjustment of status under this section 

4 at a level sufficient to recover the full cost 

5 of processing such applications, including 

6 costs associated with— 

7 ‘‘(I) adjudicating the applica8 tions; 

9 ‘‘(II) taking and processing bio10 metrics; 

11 ‘‘(III) performing national secu12 rity and criminal checks, including ad13 judication; 

14 ‘‘(IV) preventing and inves15 tigating fraud; and 

16 ‘‘(V) the administration of the 

17 fees collected. 

18 ‘‘(ii) AUTHORITY TO LIMIT FEES.— 

19 The Secretary, by regulation, may— 

20 ‘‘(I) limit the maximum proc21 essing fee payable under this subpara22 graph by a family, including spouses 

23 and children; and 


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1 ‘‘(II) exempt other defined class2 es of individuals from the payment of 

3 the fee authorized under clause (i). 

4 ‘‘(iii) DEPOSIT AND USE OF FEES.— 

5 Fees collected under this subparagraph— 

6 ‘‘(I) shall be deposited into the 

7 Immigration Examinations Fee Ac8 count pursuant to section 286(m); 

9 and 

10 ‘‘(II) shall remain available until 

11 expended pursuant to section 286(n). 

12 ‘‘(B) PENALTIES.— 

13 ‘‘(i) IN GENERAL.—In addition to the 

14 processing fee required under subpara15 graph (A) and the penalty required under 

16 section 245B(c)(6)(D), an alien who was 

17 21 years of age or older on the date on 

18 which the Border Security, Economic Op19 portunity, and Immigration Modernization 

20 Act was originally introduced in the Senate 

21 and is filing an application for adjustment 

22 of status under this section shall pay a 

23 $1,000 penalty to the Secretary unless the 

24 alien meets the requirements under section 

25 245D(b). 


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1 ‘‘(ii) INSTALLMENTS.—The Secretary 

2 shall establish a process for collecting pay3 ments required under clause (i) through 

4 periodic installments. 

5 ‘‘(iii) DEPOSIT, ALLOCATION, AND

6 SPENDING OF PENALTIES.—Penalties col7 lected under this subparagraph— 

8 ‘‘(I) shall be deposited into the 

9 Comprehensive Immigration Trust 

10 Fund established under section 

11 6(a)(1) of the Border Security, Eco12 nomic Opportunity, and Immigration 

13 Modernization Act; and 

14 ‘‘(II) may be used for the pur15 poses set forth in section 6(a)(3)(B) 

16 of such Act.’’. 

17 (b) LIMITATION ON REGISTERED PROVISIONAL IMMI18 GRANTS.—An alien admitted as a registered provisional 

19 immigrant under section 245B of the Immigration and 

20 Nationality Act, as added by subsection (a), may only ad21 just status to an alien lawfully admitted for permanent 

22 resident status under section 245C or 245D of such Act 

23 or section 2302. 

24 (c) NATURALIZATION.—Section 319 (8 U.S.C. 1430) 

25 is amended— 


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1 (1) in the section heading, by striking ‘‘AND

2 EMPLOYEES OF CERTAIN NONPROFIT ORGANI3 ZATIONS’’ and inserting ‘‘, EMPLOYEES OF CER4 TAIN NONPROFIT ORGANIZATIONS, AND OTHER

5 LONG-TERM LAWFUL RESIDENTS’’; and 

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

7 ‘‘(f) Any lawful permanent resident who was lawfully 

8 present in the United States and eligible for work author9 ization for not less than 10 years before becoming a lawful 

10 permanent resident may be naturalized upon compliance 

11 with all the requirements under this title except the provi12 sions of section 316(a)(1) if such person, immediately pre13 ceding the date on which the person filed an application 

14 for naturalization— 

15 ‘‘(1) has resided continuously within the United 

16 States, after being lawfully admitted for permanent 

17 residence, for at least 3 years; 

18 ‘‘(2) during the 3-year period immediately pre19 ceding such filing date, has been physically present 

20 in the United States for periods totaling at least 50 

21 percent of such period; and 

22 ‘‘(3) has resided within the State or in the ju23 risdiction of the U.S. Citizenship and Immigration 

24 Services field office in the United States in which 


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1 the applicant filed such application for at least 3 

2 months.’’. 

3 SEC. 2103. THE DREAM ACT. 

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

5 ‘‘Development, Relief, and Education for Alien Minors Act 

6 of 2013’’ or the ‘‘DREAM Act 2013’’. 

7 (b) ADJUSTMENT OF STATUS FOR CERTAIN ALIENS

8 WHO ENTERED THE UNITED STATES AS CHILDREN.— 

9 Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended 

10 by inserting after section 245C, as added by section 2102 

11 of this title, the following: 

12 ‘‘SEC. 245D. ADJUSTMENT OF STATUS FOR CERTAIN ALIENS 

13 WHO ENTERED THE UNITED STATES AS CHIL14 DREN. 

15 ‘‘(a) DEFINITIONS.—In this section: 

16 ‘‘(1) INSTITUTION OF HIGHER EDUCATION.— 

17 The term ‘institution of higher education’ has the 

18 meaning given such term in section 102 of the High19 er Education Act of 1965 (20 U.S.C. 1002), except 

20 that the term does not include institutions described 

21 in subsection (a)(1)(C) of such section. 

22 ‘‘(2) SECRETARY.—The term ‘Secretary’ means 

23 the Secretary of Homeland Security. 

24 ‘‘(3) UNIFORMED SERVICES.—The term ‘Uni25 formed Services’ has the meaning given the term 


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1 ‘uniformed services’ in section 101(a)(5) of title 10, 

2 United States Code. 

3 ‘‘(b) ADJUSTMENT OF STATUS FOR CERTAIN ALIENS

4 WHO ENTERED THE UNITED STATES AS CHILDREN.— 

5 ‘‘(1) REQUIREMENTS.— 

6 ‘‘(A) IN GENERAL.—The Secretary may 

7 adjust the status of a registered provisional im8 migrant to the status of a lawful permanent 

9 resident if the immigrant demonstrates that he 

10 or she— 

11 ‘‘(i) has been a registered provisional 

12 immigrant for at least 5 years; 

13 ‘‘(ii) was younger than 16 years of 

14 age on the date on which the alien initially 

15 entered the United States; 

16 ‘‘(iii) has earned a high school di17 ploma, a commensurate alternative award 

18 from a public or private high school or sec19 ondary school, or has obtained a general 

20 education development certificate recog21 nized under State law, or a high school 

22 equivalency diploma in the United States; 

23 ‘‘(iv)(I) has acquired a degree from an 

24 institution of higher education or has com25 pleted at least 2 years, in good standing, 


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1 in a program for a bachelor’s degree or 

2 higher degree in the United States; or 

3 ‘‘(II) has served in the Uniformed 

4 Services for at least 4 years and, if dis5 charged, received an honorable discharge; 

6 and 

7 ‘‘(v) has provided a list of each sec8 ondary school (as that term is defined in 

9 section 9101 of the Elementary and Sec10 ondary Education Act of 1965 (20 U.S.C. 

11 7801)) that the alien attended in the 

12 United States. 

13 ‘‘(B) HARDSHIP EXCEPTION.— 

14 ‘‘(i) IN GENERAL.—The Secretary 

15 may adjust the status of a registered provi16 sional immigrant to the status of a lawful 

17 permanent resident if the alien— 

18 ‘‘(I) satisfies the requirements 

19 under clauses (i), (ii), (iii), and (v) of 

20 subparagraph (A); and 

21 ‘‘(II) demonstrates compelling 

22 circumstances for the inability to sat23 isfy the requirement under subpara24 graph (A)(iv). 

25 ‘‘(C) CITIZENSHIP REQUIREMENT.— 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), the Secretary may not 

3 adjust the status of an alien to lawful per4 manent resident status under this section 

5 unless the alien demonstrates that the 

6 alien satisfies the requirements under sec7 tion 312(a). 

8 ‘‘(ii) EXCEPTION.—Clause (i) shall 

9 not apply to an alien whose physical or de10 velopmental disability or mental impair11 ment prevents the alien from meeting the 

12 requirements such section. 

13 ‘‘(D) SUBMISSION OF BIOMETRIC AND BIO14 GRAPHIC DATA.—The Secretary may not adjust 

15 the status of an alien to lawful permanent resi16 dent status unless the alien— 

17 ‘‘(i) submits biometric and biographic 

18 data, in accordance with procedures estab19 lished by the Secretary; or 

20 ‘‘(ii) complies with an alternative pro21 cedure prescribed by the Secretary, if the 

22 alien is unable to provide such biometric 

23 data because of a physical impairment. 

24 ‘‘(E) BACKGROUND CHECKS.— 


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1 ‘‘(i) REQUIREMENT FOR BACKGROUND

2 CHECKS.—The Secretary shall utilize bio3 metric, biographic, and other data that the 

4 Secretary determines appropriate— 

5 ‘‘(I) to conduct national security 

6 and law enforcement background 

7 checks of an alien applying for lawful 

8 permanent resident status under this 

9 section; and 

10 ‘‘(II) to determine whether there 

11 is any criminal, national security, or 

12 other factor that would render the 

13 alien ineligible for such status. 

14 ‘‘(ii) COMPLETION OF BACKGROUND

15 CHECKS.—The Secretary may not adjust 

16 an alien’s status to the status of a lawful 

17 permanent resident under this subsection 

18 until the national security and law enforce19 ment background checks required under 

20 clause (i) have been completed with respect 

21 to the alien, to the satisfaction of the Sec22 retary. 

23 ‘‘(2) APPLICATION FOR LAWFUL PERMANENT

24 RESIDENT STATUS.— 


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1 ‘‘(A) IN GENERAL.—A registered provi2 sional immigrant seeking lawful permanent resi3 dent status shall file an application for such 

4 status in such manner as the Secretary may re5 quire. 

6 ‘‘(B) ADJUDICATION.— 

7 ‘‘(i) IN GENERAL.—The Secretary 

8 shall evaluate each application filed by a 

9 registered provisional immigrant under this 

10 paragraph to determine whether the alien 

11 meets the requirements under paragraph 

12 (1). 

13 ‘‘(ii) ADJUSTMENT OF STATUS IF FA14 VORABLE DETERMINATION.—If the Sec15 retary determines that the alien meets the 

16 requirements under paragraph (1), the 

17 Secretary shall notify the alien of such de18 termination and adjust the status of the 

19 alien to lawful permanent resident status, 

20 effective as of the date of such determina21 tion. 

22 ‘‘(iii) ADVERSE DETERMINATION.—If 

23 the Secretary determines that the alien 

24 does not meet the requirements under 


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1 paragraph (1), the Secretary shall notify 

2 the alien of such determination. 

3 ‘‘(C) DACA RECIPIENTS.—The Secretary 

4 may adopt streamlined procedures for appli5 cants for adjustment to lawful permanent resi6 dent status under this section who were granted 

7 Deferred Action for Childhood Arrivals pursu8 ant to the Secretary’s memorandum of June 

9 15, 2012. 

10 ‘‘(3) TREATMENT FOR PURPOSES OF NATU11 RALIZATION.— 

12 ‘‘(A) IN GENERAL.—An alien granted law13 ful permanent resident status under this section 

14 shall be considered, for purposes of title III— 

15 ‘‘(i) to have been lawfully admitted for 

16 permanent residence; and 

17 ‘‘(ii) to have been in the United 

18 States as an alien lawfully admitted to the 

19 United States for permanent residence 

20 during the period the alien was a reg21 istered provisional immigrant. 

22 ‘‘(B) LIMITATION ON APPLICATION FOR

23 NATURALIZATION.—An alien may not apply for 

24 naturalization while the alien is in registered 

25 provisional immigrant status, except for an 


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1 alien described in paragraph (1)(A)(ii) pursuant 

2 to section 328 or 329.’’. 

3 (c) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

4 Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended— 

5 (1) by redesignating subparagraph (E) as sub6 paragraph (F); and 

7 (2) by inserting after subparagraph (D) the fol8 lowing: 

9 ‘‘(E) Aliens whose status is adjusted to perma10 nent resident status under section 245C or 245D.’’. 

11 (d) RESTORATION OF STATE OPTION TO DETER12 MINE RESIDENCY FOR PURPOSES OF HIGHER EDU13 CATION.— 

14 (1) REPEAL.—Section 505 of the Illegal Immi15 gration Reform and Immigrant Responsibility Act of 

16 1996 (8 U.S.C. 1623) is repealed. 

17 (2) EFFECTIVE DATE.—The repeal under para18 graph (1) shall take effect as if included in the origi19 nal enactment of the Illegal Immigration Reform 

20 and Immigrant Responsibility Act of 1996 (division 

21 C of Public Law 104–208). 

22 (e) NATURALIZATION.—Section 328(a) (8 U.S.C. 

23 1439(a)) is amended by inserting ‘‘, without having been 

24 lawfully admitted to the United States for permanent resi25 dent, and’’ after ‘‘naturalized’’. 


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1 (f) LIMITATION ON FEDERAL STUDENT ASSIST2 ANCE.—Notwithstanding any other provision of law, aliens 

3 granted registered provisional immigrant status and who 

4 initially entered the United States before reaching 16 

5 years of age and aliens granted blue card status shall be 

6 eligible only for the following assistance under title IV of 

7 the Higher Education Act of 1965 (20 U.S.C. 1070 et 

8 seq.): 

9 (1) Student loans under parts D and E of such 

10 title IV (20 U.S.C. 1087a et seq. and 1087aa et 

11 seq.), subject to the requirements of such parts. 

12 (2) Federal work-study programs under part C 

13 of such title IV (42 U.S.C. 2751 et seq.), subject to 

14 the requirements of such part. 

15 (3) Services under such title IV (20 U.S.C. 

16 1070 et seq.), subject to the requirements for such 

17 services. 

18 SEC. 2104. ADDITIONAL REQUIREMENTS. 

19 (a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 

20 1255 et seq.) is amended by inserting after section 245C, 

21 as added by section 2102 of this title, the following: 

22 ‘‘SEC. 245E. ADDITIONAL REQUIREMENTS RELATING TO 

23 REGISTERED PROVISIONAL IMMIGRANTS 

24 AND OTHERS. 

25 ‘‘(a) DISCLOSURES.— 


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1 ‘‘(1) PROHIBITED DISCLOSURES.—Except as 

2 otherwise provided in this subsection, no officer or 

3 employee of any Federal agency may— 

4 ‘‘(A) use the information furnished in an 

5 application for lawful status under section 

6 245B, 245C, or 245D for any purpose other 

7 than to make a determination on any applica8 tion by the alien for any immigration benefit or 

9 protection; 

10 ‘‘(B) make any publication through which 

11 information furnished by any particular appli12 cant can be identified; or 

13 ‘‘(C) permit anyone other than the sworn 

14 officers, employees, and contractors of such 

15 agency or of another entity approved by the 

16 Secretary to examine any individual application 

17 for lawful status under section 245B, 245C, or 

18 245D. 

19 ‘‘(2) REQUIRED DISCLOSURES.—The Secretary 

20 shall provide the information furnished in an appli21 cation filed under section 245B, 245C, or 245D and 

22 any other information derived from such furnished 

23 information to— 

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1 ponent of the Department of Homeland Secu2 rity, court, or grand jury, consistent with law, 

3 in connection with— 

4 ‘‘(i) a criminal investigation or pros5 ecution of any felony not related to the ap6 plicant’s immigration status; or 

7 ‘‘(ii) a national security investigation 

8 or prosecution; and 

9 ‘‘(B) an official coroner for purposes of af10 firmatively identifying a deceased individual, 

11 whether or not the death of such individual re12 sulted from a crime. 

13 ‘‘(3) AUDITING AND EVALUATION OF INFORMA14 TION.—The Secretary may— 

15 ‘‘(A) audit and evaluate information fur16 nished as part of any application filed under 

17 section 245B, 245C, or 245D for purposes of 

18 identifying immigration fraud or fraud schemes; 

19 and 

20 ‘‘(B) use any evidence detected by means 

21 of audits and evaluations for purposes of inves22 tigating, prosecuting, referring for prosecution, 

23 or denying or terminating immigration benefits. 

24 ‘‘(b) EMPLOYER PROTECTIONS.— 


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1 ‘‘(1) USE OF EMPLOYMENT RECORDS.—Copies 

2 of employment records or other evidence of employ3 ment provided by an alien or by an alien’s employer 

4 in support of an alien’s application for registered 

5 provisional immigrant status under section 245B 

6 may not be used in a civil or criminal prosecution 

7 or investigation of that employer under section 274A 

8 or the Internal Revenue Code of 1986 for the prior 

9 unlawful employment of that alien regardless of the 

10 adjudication of such application or reconsideration 

11 by the Secretary of such alien’s prima facie eligi12 bility determination. Employers that provide unau13 thorized aliens with copies of employment records or 

14 other evidence of employment pursuant to an appli15 cation for registered provisional immigrant status 

16 shall not be subject to civil and criminal liability 

17 pursuant to section 274A for employing such unau18 thorized aliens. 

19 ‘‘(2) LIMIT ON APPLICABILITY.—The protec20 tions for employers and aliens under paragraph (1) 

21 shall not apply if the aliens or employers submit em22 ployment records that are deemed to be fraudulent. 

23 ‘‘(c) ADMINISTRATIVE REVIEW.— 

24 ‘‘(1) EXCLUSIVE ADMINISTRATIVE REVIEW.— 

25 Administrative review of a determination respecting 


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1 an application for status under section 245B, 245C, 

2 245D, or 245F or section 2211 of the Agricultural 

3 Worker Program Act of 2013 shall be conducted 

4 solely in accordance with this subsection. 

5 ‘‘(2) ADMINISTRATIVE APPELLATE REVIEW.— 

6 ‘‘(A) ESTABLISHMENT OF ADMINISTRA7 TIVE APPELLATE AUTHORITY.—The Secretary 

8 shall establish or designate an appellate author9 ity to provide for a single level of administrative 

10 appellate review of a determination with respect 

11 to applications for, or revocation of, status 

12 under sections 245B, 245C, and 245D. 

13 ‘‘(B) SINGLE APPEAL FOR EACH ADMINIS14 TRATIVE DECISION.— 

15 ‘‘(i) IN GENERAL.—An alien in the 

16 United States whose application for status 

17 under section 245B, 245C, or 245D has 

18 been denied or revoked may file with the 

19 Secretary not more than 1 appeal of each 

20 decision to deny or revoke such status. 

21 ‘‘(ii) NOTICE OF APPEAL.—A notice of 

22 appeal filed under this subparagraph shall 

23 be filed not later than 90 days after the 

24 date of service of the decision of denial or 


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1 revocation, unless the delay was reasonably 

2 justifiable. 

3 ‘‘(C) REVIEW BY SECRETARY.—Nothing in 

4 this paragraph may be construed to limit the 

5 authority of the Secretary to certify appeals for 

6 review and final administrative decision. 

7 ‘‘(D) DENIAL OF PETITIONS FOR DEPEND8 ENTS.—Appeals of a decision to deny or revoke 

9 a petition filed by a registered provisional immi10 grant pursuant to regulations promulgated 

11 under section 245B to classify a spouse or child 

12 of such alien as a registered provisional immi13 grant shall be subject to the administrative ap14 pellate authority described in subparagraph (A). 

15 ‘‘(E) STAY OF REMOVAL.—Aliens seeking 

16 administrative review shall not be removed from 

17 the United States until a final decision is ren18 dered establishing ineligibility for status under 

19 section 245B, 245C, or 245D. 

20 ‘‘(3) RECORD FOR REVIEW.—Administrative ap21 pellate review under paragraph (2) shall be de novo 

22 and based solely upon— 

23 ‘‘(A) the administrative record established 

24 at the time of the determination on the applica25 tion; and 


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1 ‘‘(B) any additional newly discovered or 

2 previously unavailable evidence. 

3 ‘‘(4) UNLAWFUL PRESENCE.—During the pe4 riod in which an alien may request administrative 

5 review under this subsection, and during the period 

6 that any such review is pending, the alien shall not 

7 be considered ‘unlawfully present in the United 

8 States’ for purposes of section 212(a)(9)(B). 

9 ‘‘(d) PRIVACY AND CIVIL LIBERTIES.— 

10 ‘‘(1) IN GENERAL.—The Secretary, in accord11 ance with subsection (a)(1), shall require appro12 priate administrative and physical safeguards to pro13 tect the security, confidentiality, and integrity of 

14 personally identifiable information collected, main15 tained, and disseminated pursuant to sections 245B, 

16 245C, and 245D. 

17 ‘‘(2) ASSESSMENTS.—Notwithstanding the pri18 vacy requirements set forth in section 222 of the 

19 Homeland Security Act (6 U.S.C. 142) and the E20 Government Act of 2002 (Public Law 107–347), the 

21 Secretary shall conduct a privacy impact assessment 

22 and a civil liberties impact assessment of the legal23 ization program established under sections 245B, 

24 245C, and 245D during the pendency of the interim 

25 final regulations required to be issued under section 


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1 2110 of the Border Security, Economic Opportunity, 

2 and Immigration Modernization Act.’’. 

3 (b) JUDICIAL REVIEW.—Section 242 (8 U.S.C. 1252) 

4 is amended— 

5 (1) in subsection (a)(2)— 

6 (A) in subparagraph (B), by inserting ‘‘the 

7 exercise of discretion arising under’’ after ‘‘no 

8 court shall have jurisdiction to review’’; 

9 (B) in subparagraph (D), by striking 

10 ‘‘raised upon a petition for review filed with an 

11 appropriate court of appeals in accordance with 

12 this section’’; 

13 (2) in subsection (b)(2), by inserting ‘‘or, in the 

14 case of a decision rendered under section 245E(c), 

15 in the judicial circuit in which the petitioner resides’’ 

16 after ‘‘proceedings’’; and 

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

18 ‘‘(h) JUDICIAL REVIEW OF ELIGIBILITY DETERMINA19 TIONS RELATING TO STATUS UNDER CHAPTER 5.— 

20 ‘‘(1) DIRECT REVIEW.—If an alien’s application 

21 under section 245B, 245C, 245D, or 245F or sec22 tion 2211 of the Agricultural Worker Program Act 

23 of 2013 is denied, or is revoked after the exhaustion 

24 of administrative appellate review under section 

25 245E(c), the alien may seek review of such decision, 


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1 in accordance with chapter 7 of title 5, United 

2 States Code, before the United States district court 

3 for the district in which the person resides. 

4 ‘‘(2) STATUS DURING REVIEW.—While a review 

5 described in paragraph (1) is pending— 

6 ‘‘(A) the alien shall not be deemed to ac7 crue unlawful presence for purposes of section 

8 212(a)(9); 

9 ‘‘(B) any unexpired grant of voluntary de10 parture under section 240B shall be tolled; and 

11 ‘‘(C) the court shall have the discretion to 

12 stay the execution of any order of exclusion, de13 portation, or removal. 

14 ‘‘(3) REVIEW AFTER REMOVAL PRO15 CEEDINGS.—An alien may seek judicial review of a 

16 denial or revocation of approval of the alien’s appli17 cation under section 245B, 245C, or 245D in the 

18 appropriate United States court of appeal in con19 junction with the judicial review of an order of re20 moval, deportation, or exclusion if the validity of the 

21 denial has not been upheld in a prior judicial pro22 ceeding under paragraph (1). 

23 ‘‘(4) STANDARD FOR JUDICIAL REVIEW.— 

24 ‘‘(A) BASIS.—Judicial review of a denial, 

25 or revocation of an approval, of an application 


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1 under section 245B, 245C, or 245D shall be 

2 based upon the administrative record estab3 lished at the time of the review. 

4 ‘‘(B) AUTHORITY TO REMAND.—The re5 viewing court may remand a case under this 

6 subsection to the Secretary for consideration of 

7 additional evidence if the court finds that— 

8 ‘‘(i) the additional evidence is mate9 rial; and 

10 ‘‘(ii) there were reasonable grounds 

11 for failure to adduce the additional evi12 dence before the Secretary. 

13 ‘‘(C) SCOPE OF REVIEW.—Notwithstanding 

14 any other provision of law, judicial review of all 

15 questions arising from a denial, or revocation of 

16 an approval, of an application under section 

17 245B, 245C, or 245D shall be governed by the 

18 standard of review set forth in section 706 of 

19 title 5, United States Code. 

20 ‘‘(5) REMEDIAL POWERS.— 

21 ‘‘(A) JURISDICTION.—Notwithstanding any 

22 other provision of law, the United States dis23 trict courts shall have jurisdiction over any 

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1 mentation of the Border Security, Economic 

2 Opportunity, and Immigration Modernization 

3 Act, or the amendments made by such Act, that 

4 is arbitrary, capricious, or otherwise contrary to 

5 law. 

6 ‘‘(B) SCOPE OF RELIEF.—The United 

7 States district courts may order any appro8 priate relief in a clause or claim described in 

9 subparagraph (A) without regard to exhaustion, 

10 ripeness, or other standing requirements (other 

11 than constitutionally-mandated requirements), 

12 if the court determines that— 

13 ‘‘(i) the resolution of such cause or 

14 claim will serve judicial and administrative 

15 efficiency; or 

16 ‘‘(ii) a remedy would otherwise not be 

17 reasonably available or practicable. 

18 ‘‘(6) CHALLENGES TO THE VALIDITY OF THE

19 SYSTEM.— 

20 ‘‘(A) IN GENERAL.—Except as provided in 

21 paragraph (5), any claim that section 245B, 

22 245C, 245D, or 245E or any regulation, writ23 ten policy, or written directive, issued or un24 written policy or practice initiated by or under 

25 the authority of the Secretary to implement 


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1 such sections, violates the Constitution of the 

2 United States or is otherwise in violation of law 

3 is available exclusively in an action instituted in 

4 United States District Court in accordance with 

5 the procedures prescribed in this paragraph. 

6 ‘‘(B) SAVINGS PROVISION.—Except as pro7 vided in subparagraph (C), nothing in subpara8 graph (A) may be construed to preclude an ap9 plicant under 245B, 245C, or 245D from as10 serting that an action taken or a decision made 

11 by the Secretary with respect to the applicant’s 

12 status was contrary to law. 

13 ‘‘(C) CLASS ACTIONS.—Any claim de14 scribed in subparagraph (A) that is brought as 

15 a class action shall be brought in conformity 

16 with— 

17 ‘‘(i) the Class Action Fairness Act of 

18 2005 (Public Law 109–2); and 

19 ‘‘(ii) the Federal Rules of Civil Proce20 dure. 

21 ‘‘(D) PRECLUSIVE EFFECT.—The final dis22 position of any claim brought under subpara23 graph (A) shall be preclusive of any such claim 

24 asserted by the same individual in a subsequent 

25 proceeding under this subsection. 


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1 ‘‘(E) EXHAUSTION AND STAY OF PRO2 CEEDINGS.— 

3 ‘‘(i) IN GENERAL.—No claim brought 

4 under this paragraph shall require the 

5 plaintiff to exhaust administrative rem6 edies under section 245E(c). 

7 ‘‘(ii) STAY AUTHORIZED.—Nothing in 

8 this paragraph may be construed to pre9 vent the court from staying proceedings 

10 under this paragraph to permit the Sec11 retary to evaluate an allegation of an un12 written policy or practice or to take correc13 tive action. In determining whether to 

14 issue such a stay, the court shall take into 

15 account any harm the stay may cause to 

16 the claimant.’’. 

17 (c) RULE OF CONSTRUCTION.—Section 244(h) of the 

18 Immigration and Nationality Act (8 U.S.C. 1254a(h)) 

19 shall not limit the authority of the Secretary to adjust the 

20 status of an alien under section 245C or 245D of the Im21 migration and Nationality Act, as added by this subtitle. 

22 (d) EFFECT OF FAILURE TO REGISTER ON ELIGI23 BILITY FOR IMMIGRATION BENEFITS.—Failure to comply 

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1 ments based on such section for acts committed before the 

2 date of the enactment of this Act shall not affect the eligi3 bility of an alien to apply for a benefit under the Immigra4 tion and Nationality Act (8 U.S.C. 1101 et seq.). 

5 (e) CLERICAL AMENDMENT.—The table of contents 

6 is amended by inserting after the item relating to section 

7 245A the following: 

‘‘Sec. 245B. Adjustment of status of eligible entrants before December 31, 

2011, to that of registered provisional immigrant. 

‘‘Sec. 245C. Adjustment of status of registered provisional immigrants. 

‘‘Sec. 245D. Adjustment of status for certain aliens who entered the United 

States as children. 

‘‘Sec. 245E. Additional requirements relating to registered provisional immigrants and others.’’. 

8 SEC. 2105. CRIMINAL PENALTY. 

9 (a) IN GENERAL.—Chapter 69 of title 18, United 

10 States Code, is amended by adding at the end the fol11 lowing: 

12 ‘‘§ 1430. Improper use of information relating to reg13 istered provisional immigrant applica14 tions 

15 ‘‘Any person who knowingly uses, publishes, or per16 mits information described in section 245E(a) of the Im17 migration and Nationality Act to be examined in violation 

18 of such section shall be fined not more than $10,000.’’. 

19 (b) DEPOSIT OF FINES.—All criminal penalties col20 lected under section 1430 of title 18, United States Code, 

21 as added by subsection (a), shall be deposited into the 


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1 Comprehensive Immigration Reform Trust Fund estab2 lished under section 6(a)(1). 

3 (c) CLERICAL AMENDMENT.—The table of sections 

4 in chapter 69 of title 18, United States Code, is amended 

5 by adding at the end the following: 

‘‘1430. Improper use of information relating to registered provisional immigrant 

applications.’’. 

6 SEC. 2106. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI7 CANTS. 

8 (a) ESTABLISHMENT.—The Secretary may establish, 

9 within U.S. Citizenship and Immigration Services, a pro10 gram to award grants, on a competitive basis, to eligible 

11 nonprofit organizations that will use the funding to assist 

12 eligible applicants under section 245B, 245C, 245D, or 

13 245F of the Immigration and Nationality Act or section 

14 2211 of this Act by providing them with the services de15 scribed in subsection (c). 

16 (b) ELIGIBLE NONPROFIT ORGANIZATION.—The 

17 term ‘‘eligible nonprofit organization’’ means a nonprofit, 

18 tax-exempt organization, including a community, faith19 based or other immigrant-serving organization, whose 

20 staff has demonstrated qualifications, experience, and ex21 pertise in providing quality services to immigrants, refu22 gees, persons granted asylum, or persons applying for 

23 such statuses. 


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1 (c) USE OF FUNDS.—Grant funds awarded under 

2 this section may be used for the design and implementa3 tion of programs that provide— 

4 (1) information to the public regarding the eli5 gibility and benefits of registered provisional immi6 grant status authorized under section 245B of the 

7 Immigration and Nationality Act and blue card sta8 tus authorized under section 2211, particularly to 

9 individuals potentially eligible for such status; 

10 (2) assistance, within the scope of authorized 

11 practice of immigration law, to individuals submit12 ting applications for registered provisional immi13 grant status or blue card status, including— 

14 (A) screening prospective applicants to as15 sess their eligibility for such status; 

16 (B) completing applications and petitions, 

17 including providing assistance in obtaining the 

18 requisite documents and supporting evidence; 

19 (C) applying for any waivers for which ap20 plicants and qualifying family members may be 

21 eligible; and 

22 (D) providing any other assistance that the 

23 Secretary or grantees consider useful or nec24 essary to apply for registered provisional immi25 grant status or blue card status; 


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1 (3) assistance, within the scope of authorized 

2 practice of immigration law, to individuals seeking to 

3 adjust their status to that of an alien admitted for 

4 permanent residence under section 245C or 245F of 

5 the Immigration and Nationality Act; and 

6 (4) assistance, within the scope of authorized 

7 practice of immigration law, and instruction, to indi8 viduals— 

9 (A) on the rights and responsibilities of 

10 United States citizenship; 

11 (B) in civics and civics-based English as a 

12 second language; and 

13 (C) in applying for United States citizen14 ship. 

15 (d) SOURCE OF GRANT FUNDS.— 

16 (1) APPLICATION FEES.—The Secretary may 

17 use up to $50,000,000 from the Comprehensive Im18 migration Reform Trust Fund established under sec19 tion 6(a)(1) to carry out this section. 

20 (2) AUTHORIZATION OF APPROPRIATIONS.— 

21 (A) AMOUNTS AUTHORIZED.—In addition 

22 to the amounts made available under paragraph 

23 (1), there are authorized to be appropriated 

24 such sums as may be necessary for each of the 


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1 fiscal years 2014 through 2018 to carry out 

2 this section. 

3 (B) AVAILABILITY.—Any amounts appro4 priated pursuant to subparagraph (A) shall re5 main available until expended. 

6 SEC. 2107. CONFORMING AMENDMENTS TO THE SOCIAL SE7 CURITY ACT. 

8 (a) CORRECTION OF SOCIAL SECURITY RECORDS.— 

9 (1) IN GENERAL.—Section 208(e)(1) of the So10 cial Security Act (42 U.S.C. 408(e)(1)) is amend11 ed— 

12 (A) in subparagraph (B)(ii), by striking 

13 ‘‘or’’ at the end; 

14 (B) in subparagraph (C), by striking the 

15 comma at the end and inserting a semicolon; 

16 (C) by inserting after subparagraph (C) 

17 the following: 

18 ‘‘(D) who is granted status as a registered 

19 provisional immigrant under section 245B or 

20 245D of the Immigration and Nationality Act; 

21 or 

22 ‘‘(E) whose status is adjusted to that of 

23 lawful permanent resident under section 245C 

24 of the Immigration and Nationality Act,’’; and 


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1 (D) in the undesignated matter at the end, 

2 by inserting ‘‘, or in the case of an alien de3 scribed in subparagraph (D) or (E), if such 

4 conduct is alleged to have occurred before the 

5 date on which the alien submitted an applica6 tion under section 245B of such Act for classi7 fication as a registered provisional immigrant’’ 

8 before the period at the end. 

9 (2) EFFECTIVE DATE.—The amendments made 

10 by paragraph (1) shall take effect on the first day 

11 of the tenth month that begins after the date of the 

12 enactment of this Act. 

13 (b) STATE DISCRETION REGARDING TERMINATION

14 OF PARENTAL RIGHTS.— 

15 (1) IN GENERAL.—A compelling reason for a 

16 State not to file (or to join in the filing of) a petition 

17 to terminate parental rights under section 475(5)(E) 

18 of the Social Security Act (42 U.S.C. 675(5)(E)) 

19 shall include— 

20 (A) the removal of the parent from the 

21 United States, unless the parent is unfit or un22 willing to be a parent of the child; or 

23 (B) the involvement of the parent in (in24 cluding detention pursuant to) an immigration 


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1 proceeding, unless the parent is unfit or unwill2 ing to be a parent of the child. 

3 (2) CONDITIONS.—Before a State may file to 

4 terminate the parental rights under such section 

5 475(5)(E), the State (or the county or other political 

6 subdivision of the State, as applicable) shall make 

7 reasonable efforts— 

8 (A) to identify, locate, and contact (includ9 ing, if appropriate, through the diplomatic or 

10 consular offices of the country to which the par11 ent was removed or in which a parent or rel12 ative resides)— 

13 (i) any parent of the child who is in 

14 immigration detention; 

15 (ii) any parent of the child who has 

16 been removed from the United States; and 

17 (iii) if possible, any potential adult 

18 relative of the child (as described in section 

19 471(a)(29)); 

20 (B) to notify such parent or relative of the 

21 intent of the State (or the county or other polit22 ical subdivision of the State, as applicable) to 

23 file (or to join in the filing of) a petition re24 ferred to in paragraph (1); or 


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1 (C) to reunify the child with any such par2 ent or relative; and 

3 (D) to provide and document appropriate 

4 services to the parent or relative. 

5 (3) CONFORMING AMENDMENT.—Section 

6 475(5)(E)(ii) of the Social Security Act (42 U.S.C. 

7 675(5)(E)) is amended by inserting ‘‘, including the 

8 reason set forth in section 2107(b)(1) of the Border 

9 Security, Economic Opportunity, and Immigration 

10 Modernization Act’’ after ‘‘child’’. 

11 (c) CHILDREN SEPARATED FROM PARENTS AND

12 CAREGIVERS.— 

13 (1) STATE PLAN FOR FOSTER CARE AND ADOP14 TION ASSISTANCE.—Section 471(a) of the Social Se15 curity Act (42 U.S.C. 671(a)) is amended— 

16 (A) by amending paragraph (19) to read 

17 as follows: 

18 ‘‘(19) provides that the State shall give pref19 erence to an adult relative over a nonrelated care20 giver when determining a placement for a child if— 

21 ‘‘(A) the relative caregiver meets all rel22 evant State child protection standards; and 

23 ‘‘(B) the standards referred to in subpara24 graph (A) ensure that the immigration status 

25 alone of a parent, legal guardian, or relative 


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1 shall not disqualify the parent, legal guardian, 

2 or relative from being a placement for a child;’’; 

3 and 

4 (B) in paragraph (32), by striking ‘‘and’’ 

5 at the end; 

6 (C) in paragraph (33), by striking the pe7 riod at the end and inserting ‘‘; and’’; and 

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

9 ‘‘(34) provides that the State shall— 

10 ‘‘(A) ensure that the case manager for a 

11 separated child is capable of communicating in 

12 the native language of such child and of the 

13 family of such child, or an interpreter who is so 

14 capable is provided to communicate with such 

15 child and the family of such child at no cost to 

16 the child or to the family of such child; 

17 ‘‘(B) coordinate with the Department of 

18 Homeland Security to ensure that parents who 

19 wish for their child to accompany them to their 

20 country of origin are given adequate time and 

21 assistance to obtain a passport and visa, and to 

22 collect all relevant vital documents, such as 

23 birth certificate, health, and educational records 

24 and other information; 


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1 ‘‘(C) coordinate with State agencies re2 garding alternate documentation requirements 

3 for a criminal records check or a fingerprint4 based check for a caregiver that does not have 

5 Federal or State-issued identification; 

6 ‘‘(D) preserve, to the greatest extent prac7 ticable, the privacy and confidentiality of all in8 formation gathered in the course of admin9 istering the care, custody, and placement of, 

10 and follow up services provided to, a separated 

11 child, consistent with the best interest of such 

12 child, by not disclosing such information to 

13 other government agencies or persons (other 

14 than a parent, legal guardian, or relative care15 giver or such child), except that the head of the 

16 State agency (or the county or other political 

17 subdivision of the State, as applicable) may dis18 close such information, after placing a written 

19 record of the disclosure in the file of the child— 

20 ‘‘(i) to a consular official for the pur21 pose of reunification of a child with a par22 ent, legal guardian, or relative caregiver 

23 who has been removed or is involved in an 

24 immigration proceeding, unless the child 

25 has refused contact with, or the sharing of 


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1 personal or identifying information with, 

2 the government of his or her country of or3 igin; 

4 ‘‘(ii) when authorized to do so by the 

5 child (if the child has attained 18 years of 

6 age) if the disclosure is consistent with the 

7 best interest of the child; or 

8 ‘‘(iii) to a law enforcement agency if 

9 the disclosure would prevent imminent and 

10 serious harm to another individual; and 

11 ‘‘(E) not less frequently than annually, 

12 compile, update, and publish a list of entities in 

13 the State that are qualified to provide legal rep14 resentation services for a separated child, in a 

15 language such that a child can read and under16 stand.’’. 

17 (2) ADDITIONAL INFORMATION TO BE IN18 CLUDED IN CASE PLAN.—Section 475 of such Act 

19 (42 U.S.C. 675) is amended— 

20 (A) in paragraph (1), by adding at the end 

21 the following: 

22 ‘‘(H) In the case of a separated child with 

23 respect to whom the State plan requires the 

24 State to provide services under section 

25 471(a)(34)— 


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1 ‘‘(i) the location of the parent or legal 

2 guardian described in paragraph (9)(A) 

3 from whom the child has been separated; 

4 and 

5 ‘‘(ii) a written record of each disclo6 sure to a government agency or person 

7 (other than such a parent, legal guardian, 

8 or relative) of information gathered in the 

9 course of tracking the care, custody, and 

10 placement of, and follow-up services pro11 vided to, the child.’’; and 

12 (B) by adding at the end the following: 

13 ‘‘(9) The term ‘separated child’ means an indi14 vidual who— 

15 ‘‘(A) has a parent or legal guardian who 

16 has been— 

17 ‘‘(i) detained by a Federal, State, or 

18 local law enforcement agency in the en19 forcement of an immigration law; or 

20 ‘‘(ii) removed from the United States 

21 as a result of a violation of such a law; and 

22 ‘‘(B) is in foster care under the responsi23 bility of a State.’’. 

24 (3) EFFECTIVE DATE.—The amendments made 

25 by this subsection shall take effect on the 1st day 


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1 of the 1st calendar quarter that begins after the 1- 

2 year period that begins on the date of the enactment 

3 of this Act. 

4 (d) PRECLUSION OF SOCIAL SECURITY CREDITS FOR

5 PERIODS WITHOUT WORK AUTHORIZATION.— 

6 (1) INSURED STATUS.—Section 214 of the So7 cial Security Act (42 U.S.C. 414) is amended by 

8 adding at the end the following new subsection: 

9 ‘‘(d) INSURED STATUS.— 

10 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

11 and (3), for purposes of subsections (a) and (b), no 

12 quarter of coverage shall be credited for any cal13 endar year— 

14 ‘‘(A) beginning after December 31, 2003, 

15 and before January 1, 2014, with respect to an 

16 individual who has been granted registered pro17 visional immigrant status pursuant to section 

18 245B of the Immigration and Nationality Act; 

19 or 

20 ‘‘(B) beginning after December 31, 2003, 

21 and before January 1, 2014, in which an indi22 vidual earned such quarter of coverage while 

23 present under an expired nonimmigrant visa, 

24 unless the Commissioner of Social Security deter25 mines, on the basis of information provided to the 


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1 Commissioner by the individual, that the individual 

2 was authorized to be employed in the United States 

3 during such quarter. 

4 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

5 apply to an individual who was assigned a social se6 curity account number before January 1, 2004. 

7 ‘‘(3) ATTESTATION OF WORK AUTHORIZA8 TION.— 

9 ‘‘(A) IN GENERAL.—For purposes of para10 graph (1), if an individual is unable to obtain 

11 or produce sufficient evidence or documentation 

12 that the individual was authorized to be em13 ployed in the United States during a quarter, 

14 the individual may submit an attestation to the 

15 Commissioner of Social Security that the indi16 vidual was authorized to be employed in the 

17 United States during such quarter and that 

18 sufficient evidence or documentation of such au19 thorization cannot be obtained by the indi20 vidual. 

21 ‘‘(B) PENALTY.—Any individual who 

22 knowingly submits a false attestation described 

23 in subparagraph (A) shall be subject to the pen24 alties under section 1041 of title 18, United 

25 States Code.’’. 


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1 (2) BENEFIT COMPUTATION.—Section 215(e) of 

2 the Social Security Act (42 U.S.C. 415(e)) is 

3 amended— 

4 (A) in paragraph (1), by striking ‘‘and’’ at 

5 the end; 

6 (B) in paragraph (2), by striking the pe7 riod at the end and inserting ‘‘; and’’; and 

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

9 ‘‘(3) in computing the average indexed monthly 

10 earnings of an individual, there shall not be counted 

11 any wages or self-employment income for any year 

12 for which no quarter of coverage may be credited to 

13 such individual as a result of the application of sec14 tion 214(d).’’. 

15 (3) CONFORMING AMENDMENT.—Section 

16 223(c)(1) of the Social Security Act (42 U.S.C. 

17 423(c)(1)) is amended in the flush matter at the end 

18 by inserting ‘‘the individual does not satisfy the cri19 terion specified in section 214(d) or’’ after ‘‘part of 

20 any period if’’. 

21 (4) EFFECTIVE DATE.—The amendments made 

22 by this subsection shall apply to benefit applications 

23 filed on or after the date that is 180 days after the 

24 date of the enactment of this Act based on the 

25 wages or self-employment income of an individual 


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1 with respect to whom a primary insurance amount 

2 has not been determined under title II of the Social 

3 Security Act (42 U.S.C. 401 et seq.) before such 

4 date. 

5 SEC. 2108. GOVERNMENT CONTRACTING AND ACQUISITION 

6 OF REAL PROPERTY INTEREST. 

7 (a) EXEMPTION FROM GOVERNMENT CONTRACTING

8 AND HIRING RULES.— 

9 (1) IN GENERAL.—A determination by a Fed10 eral agency to use a procurement competition ex11 emption under section 253(c) of title 41, United 

12 States Code, or to use the authority granted in para13 graph (2), for the purpose of implementing this title 

14 and the amendments made by this title is not sub15 ject to challenge by protest to the Government Ac16 countability Office under sections 3551 and 3556 of 

17 title 31, United States Code, or to the Court of Fed18 eral Claims, under section 1491 of title 28, United 

19 States Code. An agency shall immediately advise the 

20 Congress of the exercise of the authority granted 

21 under this paragraph. 

22 (2) GOVERNMENT CONTRACTING EXEMPTION.— 

23 The competition requirement under section 253(a) 

24 of title 41, United States Code, may be waived or 

25 modified by a Federal agency for any procurement 


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1 conducted to implement this title or the amendments 

2 made by this title if the senior procurement execu3 tive for the agency conducting the procurement— 

4 (A) determines that the waiver or modi5 fication is necessary; and 

6 (B) submits an explanation for such deter7 mination to the Committee on Homeland Secu8 rity and Governmental Affairs of the Senate 

9 and the Committee on Homeland Security of 

10 the House of Representatives. 

11 (3) HIRING RULES EXEMPTION.—Notwith12 standing any other provision of law, the Secretary is 

13 authorized to make term, temporary limited, and 

14 part-time appointments of employees who will imple15 ment this title and the amendments made by this 

16 title without regard to the number of such employ17 ees, their ratio to permanent full-time employees, 

18 and the duration of their employment. Nothing in 

19 chapter 71 of title 5, United States Code, shall af20 fect the authority of any Department management 

21 official to hire term, temporary limited or part-time 

22 employees under this paragraph. 

23 (b) AUTHORITY TO WAIVE ANNUITY LIMITATIONS.— 

24 Section 824(g)(2)(B) of the Foreign Service Act of 1980 


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1 (22 U.S.C. 4064(g)(2)(B)) is amended by striking ‘‘2009’’ 

2 and inserting ‘‘2017’’. 

3 (c) AUTHORITY TO ACQUIRE LEASEHOLDS.—Not4 withstanding any other provision of law, the Secretary 

5 may acquire a leasehold interest in real property, and may 

6 provide in a lease entered into under this subsection for 

7 the construction or modification of any facility on the 

8 leased property, if the Secretary determines that the ac9 quisition of such interest, and such construction or modi10 fication, are necessary in order to facilitate the implemen11 tation of this title and the amendments made by this title. 

12 SEC. 2109. LONG-TERM LEGAL RESIDENTS OF THE COM13 MONWEALTH OF THE NORTHERN MARIANA 

14 ISLANDS. 

15 Section (6)(e) of the Joint Resolution entitled ‘‘A 

16 Joint Resolution to approve the ‘Covenant to Establish a 

17 Commonwealth of the Northern Mariana Islands in Polit18 ical Union with the United States of America’, and for 

19 other purposes’’, approved March 24, 1976 (48 U.S.C. 

20 1806(e)), as added by section 702 of the Consolidated 

21 Natural Resources Act of 2008 (Public Law 110–229; 122 

22 Stat. 854), is amended by adding at the end the following: 

23 ‘‘(6) SPECIAL PROVISION REGARDING LONG24 TERM RESIDENTS OF THE COMMONWEALTH.— 


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1 ‘‘(A) CNMI-ONLY RESIDENT STATUS.— 

2 Notwithstanding paragraph (1), an alien de3 scribed in subparagraph (B) may, upon the ap4 plication of the alien, be admitted as an immi5 grant to the Commonwealth subject to the fol6 lowing rules: 

7 ‘‘(i) The alien shall be treated as an 

8 immigrant lawfully admitted for permanent 

9 residence in the Commonwealth only, in10 cluding permitting entry to and exit from 

11 the Commonwealth, until the earlier of the 

12 date on which— 

13 ‘‘(I) the alien ceases to perma14 nently reside in the Commonwealth; 

15 or 

16 ‘‘(II) the alien’s status is ad17 justed under this paragraph or section 

18 245 of the Immigration and Nation19 ality Act (8 U.S.C. 1255) to that of 

20 an alien lawfully admitted for perma21 nent residence in accordance with all 

22 applicable eligibility requirements. 

23 ‘‘(ii) The Secretary of Homeland Se24 curity shall establish a process for such 

25 aliens to apply for CNMI-only permanent 


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1 resident status during the 90-day period 

2 beginning on the first day of the sixth 

3 month after the date of the enactment of 

4 this paragraph. 

5 ‘‘(iii) Nothing in this subparagraph 

6 may be construed to provide any alien 

7 granted status under this subparagraph 

8 with public assistance to which the alien is 

9 not otherwise entitled. 

10 ‘‘(B) ALIENS DESCRIBED.—An alien is de11 scribed in this subparagraph if the alien— 

12 ‘‘(i) is lawfully present in the Com13 monwealth under the immigration laws of 

14 the United States; 

15 ‘‘(ii) is otherwise admissible to the 

16 United States under the Immigration and 

17 Nationality Act (8 U.S.C. 1101 et seq.); 

18 ‘‘(iii) resided continuously and law19 fully in the Commonwealth from November 

20 28, 2009, through the date of the enact21 ment of this paragraph; 

22 ‘‘(iv) is not a citizen of the Republic 

23 of the Marshall Islands, the Federated 

24 States of Micronesia, or the Republic of 

25 Palau; and 


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1 ‘‘(v)(I) was born in the Northern 

2 Mariana Islands between January 1, 1974 

3 and January 9, 1978; 

4 ‘‘(II) was, on May 8, 2008, and con5 tinues to be as of the date of the enact6 ment of this paragraph, a permanent resi7 dent (as defined in section 4303 of title 3 

8 of the Northern Mariana Islands Common9 wealth Code, in effect on May 8, 2008); 

10 ‘‘(III) is the spouse or child (as de11 fined in section 101(b)(1) of the Immigra12 tion and Nationality Act (8 U.S.C. 

13 1101(b)(1))), of an alien described in sub14 clauses (I) or (II); 

15 ‘‘(IV) was, on May 8, 2008, an imme16 diate relative (as defined in section 4303 of 

17 title 3 of the Northern Mariana Islands 

18 Commonwealth Code, in effect on May 8, 

19 2008, of a United States citizen, notwith20 standing the age of the United States cit21 izen, and continues to be such an imme22 diate relative on the date of the application 

23 described in subparagraph (A); 

24 ‘‘(V) resided in the Northern Mariana 

25 Islands as a guest worker under CommonVerDate Mar 15 2010 19:31 Jul 09, 2013 Jkt 029200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 E:\BILLS\S744.PAP S744

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1 wealth immigration law for at least 5 years 

2 before May 8, 2008 and is presently resi3 dent under CW–1 status; or 

4 ‘‘(VI) is the spouse or child (as de5 fined in section 101(b)(1) of the Immigra6 tion and Nationality Act (8 U.S.C. 

7 1101(b)(1))), of the alien guest worker de8 scribed in subclause (V) and is presently 

9 resident under CW–2 status. 

10 ‘‘(C) ADJUSTMENT FOR LONG TERM AND

11 PERMANENT RESIDENTS.—Beginning on the 

12 date that is 5 years after the date of the enact13 ment of the Border Security, Economic Oppor14 tunity, and Immigration Modernization Act, an 

15 alien described in subparagraph (B) may apply 

16 to receive an immigrant visa or to adjust his or 

17 her status to that of an alien lawfully admitted 

18 for permanent residence.’’. 

19 SEC. 2110. RULEMAKING. 

20 (a) IN GENERAL.—Not later than 1 year after the 

21 date of the enactment of this Act, the Secretary, the Attor22 ney General, and the Secretary of State separately shall 

23 issue interim final regulations to implement this subtitle 

24 and the amendments made by this subtitle, which shall 


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1 take effect immediately upon publication in the Federal 

2 Register. 

3 (b) APPLICATION PROCEDURES; PROCESSING FEES; 

4 DOCUMENTATION.—The interim final regulations issued 

5 under subsection (a) shall include— 

6 (1) the procedures by which an alien, and the 

7 dependent spouse and children of such alien may 

8 apply for status under section 245B of the Immigra9 tion and Nationality Act, as added by section 2101 

10 of this Act, as a registered provisional immigrant or 

11 a registered provisional immigrant dependent, as ap12 plicable, including the evidence required to dem13 onstrate eligibility for such status or to be included 

14 in each application for such status; 

15 (2) the criteria to be used by the Secretary to 

16 determine— 

17 (A) the maximum processing fee payable 

18 under sections 245B(c)(10)(B) and 

19 245C(c)(5)(A) of such Act by a family, includ20 ing spouses and unmarried children younger 

21 than 21 years of age; and 

22 (B) which individuals will be exempt from 

23 such fees; 


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1 (3) the documentation required to be submitted 

2 by the applicant to demonstrate compliance with sec3 tion 245C(b)(3) of such Act; and 

4 (4) the procedures for a registered provisional 

5 immigrant to apply for adjustment of status under 

6 section 245C or 245D of such Act, including the evi7 dence required to be submitted with such application 

8 to demonstrate the applicant’s eligibility for such ad9 justment. 

10 (c) EXEMPTION FROM NATIONAL ENVIRONMENTAL

11 POLICY ACT.—Any decision by the Secretary concerning 

12 any rulemaking action, plan, or program described in this 

13 section shall not be considered to be a major Federal ac14 tion subject to review under the National Environmental 

15 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

16 SEC. 2111. STATUTORY CONSTRUCTION. 

17 Except as specifically provided, nothing in this sub18 title, or any amendment made by this subtitle, may be con19 strued to create any substantive or procedural right or 

20 benefit that is legally enforceable by any party against the 

21 United States or its agencies or officers or any other per22 son. 


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1 Subtitle B—Agricultural Worker 

2 Program 

3 SEC. 2201. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Agricultural Work5 er Program Act of 2013’’. 

6 SEC. 2202. DEFINITIONS. 

7 In this subtitle: 

8 (1) BLUE CARD STATUS.—The term ‘‘blue card 

9 status’’ means the status of an alien who has been 

10 lawfully admitted into the United States for tem11 porary residence under section 2211. 

12 (2) AGRICULTURAL EMPLOYMENT.—The term 

13 ‘‘agricultural employment’’ has the meaning given 

14 such term in section 3 of the Migrant and Seasonal 

15 Agricultural Worker Protection Act (29 U.S.C. 

16 1802), without regard to whether the specific service 

17 or activity is temporary or seasonal. 

18 (3) CHILD.—The term ‘‘child’’ has the meaning 

19 given the term in section 101(b)(1) of the Immigra20 tion and Nationality Act (8 U.S.C. 1101(b)(1)). 

21 (4) EMPLOYER.—The term ‘‘employer’’ means 

22 any person or entity, including any farm labor con23 tractor and any agricultural association, that em24 ploys workers in agricultural employment. 


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1 (5) QUALIFIED DESIGNATED ENTITY.—The 

2 term ‘‘qualified designated entity’’ means— 

3 (A) a qualified farm labor organization or 

4 an association of employers designated by the 

5 Secretary; or 

6 (B) any other entity that the Secretary 

7 designates as having substantial experience, 

8 demonstrated competence, and a history of 

9 long-term involvement in the preparation and 

10 submission of application for adjustment of sta11 tus under title II of the Immigration and Na12 tionality Act (8 U.S.C. 1151 et seq.). 

13 (6) WORK DAY.—The term ‘‘work day’’ means 

14 any day in which the individual is employed 5.75 or 

15 more hours in agricultural employment. 

16 CHAPTER 1—PROGRAM FOR EARNED STA17 TUS ADJUSTMENT OF AGRICULTURAL 

18 WORKERS 

19 Subchapter A—Blue Card Status 

20 SEC. 2211. REQUIREMENTS FOR BLUE CARD STATUS. 

21 (a) REQUIREMENTS FOR BLUE CARD STATUS.—Not22 withstanding any other provision of law, the Secretary, 

23 after conducting the national security and law enforce24 ment clearances required under section 245B(c)(4), may 

25 grant blue card status to an alien who— 


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1 (1)(A) performed agricultural employment in 

2 the United States for not fewer than 575 hours or 

3 100 work days during the 2-year period ending on 

4 December 31, 2012; or 

5 (B) is the spouse or child of an alien described 

6 in subparagraph (A) and was physically present in 

7 the United States on or before December 31, 2012, 

8 and has maintained continuous presence in the 

9 United States from that date until the date on which 

10 the alien is granted blue card status, with the excep11 tion of absences from the United States that are 

12 brief, casual, and innocent, whether or not such ab13 sences were authorized by the Secretary; 

14 (2) submits a completed application before the 

15 end of the period set forth in subsection (b)(2); and 

16 (3) is not ineligible under paragraph (3) or (4) 

17 of section 245B(b) of the Immigration and Nation18 ality Act (other than a nonimmigrant alien admitted 

19 to the United States for agricultural employment de20 scribed in section 101(a)(15)(H)(ii)(a) of such Act. 

21 (b) APPLICATION.— 

22 (1) IN GENERAL.—An alien who meets the eli23 gibility requirements set forth in subsection (a)(1), 

24 may apply for blue card status and that alien’s 

25 spouse or child may apply for blue card status as a 


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1 dependent, by submitting a completed application 

2 form to the Secretary during the application period 

3 set forth in paragraph (2) in accordance with the 

4 final rule promulgated by the Secretary pursuant to 

5 subsection (e). 

6 (2) SUBMISSION.—The Secretary shall provide 

7 that the alien shall be able to submit an application 

8 under paragraph (1)— 

9 (A) if the applicant is represented by an 

10 attorney or a nonprofit religious, charitable, so11 cial service, or similar organization recognized 

12 by the Board of Immigration Appeals under 

13 section 292.2 of title 8, Code of Federal Regu14 lations; or 

15 (B) to a qualified entity if the applicant 

16 consents to the forwarding of the application to 

17 the Secretary. 

18 (3) APPLICATION PERIOD.— 

19 (A) INITIAL PERIOD.—Except as provided 

20 in subparagraph (B), the Secretary may only 

21 accept applications for blue card status for a 1- 

22 year period from aliens in the United States be23 ginning on the date on which the final rule is 

24 published in the Federal Register pursuant to 

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1 immigrants who have participated in the H–2A 

2 Program may apply from outside of the United 

3 States. 

4 (B) EXTENSION.—If the Secretary deter5 mines, during the initial period described in 

6 subparagraph (A), that additional time is re7 quired to process applications for blue card sta8 tus or for other good cause, the Secretary may 

9 extend the period for accepting applications for 

10 an additional 18 months. 

11 (4) APPLICATION FORM.— 

12 (A) REQUIRED INFORMATION.—The appli13 cation form referred to in paragraph (1) shall 

14 collect such information as the Secretary deter15 mines necessary and appropriate. 

16 (B) FAMILY APPLICATION.—The Secretary 

17 shall establish a process through which an alien 

18 may submit a single application under this sec19 tion on behalf of the alien, his or her spouse, 

20 and his or her children, who are residing in the 

21 United States. 

22 (C) INTERVIEW.—The Secretary may 

23 interview applicants for blue card status to de24 termine whether they meet the eligibility re25 quirements set forth in subsection (a)(1). 


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1 (5) ALIENS APPREHENDED BEFORE OR DURING

2 THE APPLICATION PERIOD.—If an alien, who is ap3 prehended during the period beginning on the date 

4 of the enactment of this Act and ending on the ap5 plication period described in paragraph (3), appears 

6 prima facie eligible for blue card status, the Sec7 retary— 

8 (A) shall provide the alien with a reason9 able opportunity to file an application under 

10 this section during such application period; and 

11 (B) may not remove the individual until a 

12 final administrative determination is made on 

13 the application. 

14 (6) SUSPENSION OF REMOVAL DURING APPLI15 CATION PERIOD.— 

16 (A) PROTECTION FROM DETENTION OR

17 REMOVAL.—An alien granted blue card status 

18 may not be detained by the Secretary or re19 moved from the United States unless— 

20 (i) such alien is, or has become, ineli21 gible for blue card status; or 

22 (ii) the alien’s blue card status has 

23 been revoked. 

24 (B) ALIENS IN REMOVAL PROCEEDINGS.— 

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1 migration and Nationality Act (8 U.S.C. 1101 

2 et seq.)— 

3 (i) if the Secretary determines that an 

4 alien, during the period beginning on the 

5 date of the enactment of this section and 

6 ending on the last day of the application 

7 period described in paragraph (2), is in re8 moval, deportation, or exclusion pro9 ceedings before the Executive Office for 

10 Immigration Review and is prima facie eli11 gible for blue card status under this sec12 tion— 

13 (I) the Secretary shall provide 

14 the alien with the opportunity to file 

15 an application for such status; and 

16 (II) upon motion by the Sec17 retary and with the consent of the 

18 alien or upon motion by the alien, the 

19 Executive Office for Immigration Re20 view shall— 

21 (aa) terminate such pro22 ceedings without prejudice to fu23 ture proceedings on any basis; 

24 and 


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1 (bb) provide the alien a rea2 sonable opportunity to apply for 

3 such status; and 

4 (ii) if the Executive Office for Immi5 gration Review determines that an alien, 

6 during the application period described in 

7 paragraph (2), is in removal, deportation, 

8 or exclusion proceedings before the Execu9 tive Office for Immigration Review and is 

10 prima facie eligible for blue card status 

11 under this section— 

12 (I) the Executive Office of Immi13 gration Review shall notify the Sec14 retary of such determination; and 

15 (II) if the Secretary does not dis16 pute the determination of prima facie 

17 eligibility within 7 days after such no18 tification, the Executive Office for Im19 migration Review, upon consent of the 

20 alien, shall— 

21 (aa) terminate such pro22 ceedings without prejudice to fu23 ture proceedings on any basis; 

24 and 


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1 (bb) permit the alien a rea2 sonable opportunity to apply for 

3 such status. 

4 (C) TREATMENT OF CERTAIN ALIENS.— 

5 (i) IN GENERAL.—If an alien who 

6 meets the eligibility requirements set forth 

7 in subsection (a) is present in the United 

8 States and has been ordered excluded, de9 ported, or removed, or ordered to depart 

10 voluntarily from the United States under 

11 any provision of this Act— 

12 (I) notwithstanding such order or 

13 section 241(a)(5) of the Immigration 

14 and Nationality Act (8 U.S.C. 

15 1231(a)(5)), the alien may apply for 

16 blue card status under this section; 

17 and 

18 (II) if the alien is granted such 

19 status, the alien shall file a motion to 

20 reopen the exclusion, deportation, re21 moval, or voluntary departure order, 

22 which motion shall be granted unless 

23 1 or more of the grounds of ineligi24 bility is established by clear and con25 vincing evidence. 


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1 (ii) LIMITATIONS ON MOTIONS TO RE2 OPEN.—The limitations on motions to re3 open set forth in section 240(c)(7) of the 

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

5 1229a(c)(7)) shall not apply to motions 

6 filed under clause (i)(II). 

7 (D) PERIOD PENDING ADJUDICATION OF

8 APPLICATION.— 

9 (i) IN GENERAL.—During the period 

10 beginning on the date on which an alien 

11 applies for blue card status under this sub12 section and the date on which the Sec13 retary makes a final decision regarding 

14 such application, the alien— 

15 (I) may receive advance parole to 

16 reenter the United States if urgent 

17 humanitarian circumstances compel 

18 such travel; 

19 (II) may not be detained by the 

20 Secretary or removed from the United 

21 States unless the Secretary makes a 

22 prima facie determination that such 

23 alien is, or has become, ineligible for 

24 blue card status; 


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1 (III) shall not be considered un2 lawfully present for purposes of sec3 tion 212(a)(9)(B) of the Immigration 

4 and Nationality Act (8 U.S.C. 

5 1182(a)(9)(B)); and 

6 (IV) shall not be considered an 

7 unauthorized alien (as defined in sec8 tion 274A(h)(3) of the Immigration 

9 and Nationality Act (8 U.S.C. 

10 1324a(h)(3))). 

11 (ii) EVIDENCE OF APPLICATION FIL12 ING.—As soon as practicable after receiv13 ing each application for blue card status, 

14 the Secretary shall provide the applicant 

15 with a document acknowledging the receipt 

16 of such application. 

17 (iii) CONTINUING EMPLOYMENT.—An 

18 employer who knows an alien employee is 

19 an applicant for blue card status or will 

20 apply for such status once the application 

21 period commences is not in violation of sec22 tion 274A(a)(2) of the Immigration and 

23 Nationality Act (8 U.S.C. 1324a(a)(2)) if 

24 the employer continues to employ the alien 


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1 pending the adjudication of the alien em2 ployee’s application. 

3 (iv) EFFECT OF DEPARTURE.—Sec4 tion 101(g) of the Immigration and Na5 tionality Act (8 U.S.C. 1101(g)) shall not 

6 apply to an alien granted— 

7 (I) advance parole under clause 

8 (i)(I) to reenter the United States; or 

9 (II) blue card status. 

10 (7) SECURITY AND LAW ENFORCEMENT CLEAR11 ANCES.— 

12 (A) BIOMETRIC AND BIOGRAPHIC DATA.— 

13 The Secretary may not grant blue card status 

14 to an alien or an alien dependent spouse or 

15 child under this section unless such alien sub16 mits biometric and biographic data in accord17 ance with procedures established by the Sec18 retary. 

19 (B) ALTERNATIVE PROCEDURES.—The 

20 Secretary shall provide an alternative procedure 

21 for applicants who cannot provide the standard 

22 biometric data required under subparagraph 

23 (A) because of a physical impairment. 

24 (C) CLEARANCES.— 


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1 (i) DATA COLLECTION.—The Sec2 retary shall collect, from each alien apply3 ing for status under this section, biometric, 

4 biographic, and other data that the Sec5 retary determines to be appropriate— 

6 (I) to conduct national security 

7 and law enforcement clearances; and 

8 (II) to determine whether there 

9 are any national security or law en10 forcement factors that would render 

11 an alien ineligible for such status. 

12 (ii) PREREQUISITE.—The required 

13 clearances described in clause (i)(I) shall 

14 be completed before the alien may be 

15 granted blue card status. 

16 (8) DURATION OF STATUS.—After the date that 

17 is 8 years after the date regulations are published 

18 under this section, no alien may remain in blue card 

19 status. 

20 (9) FEES AND PENALTIES.— 

21 (A) STANDARD PROCESSING FEE.— 

22 (i) IN GENERAL.—Aliens who are 16 

23 years of age or older and are applying for 

24 blue card status under paragraph (2), or 

25 for an extension of such status, shall pay 


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1 a processing fee to the Department in an 

2 amount determined by the Secretary. 

3 (ii) RECOVERY OF COSTS.—The proc4 essing fee authorized under clause (i) shall 

5 be set at a level that is sufficient to recover 

6 the full costs of processing the application, 

7 including any costs incurred— 

8 (I) to adjudicate the application; 

9 (II) to take and process bio10 metrics; 

11 (III) to perform national security 

12 and criminal checks, including adju13 dication; 

14 (IV) to prevent and investigate 

15 fraud; and 

16 (V) to administer the collection 

17 of such fee. 

18 (iii) AUTHORITY TO LIMIT FEES.— 

19 The Secretary, by regulation, may— 

20 (I) limit the maximum processing 

21 fee payable under this subparagraph 

22 by a family, including spouses and un23 married children younger than 21 

24 years of age; and 


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1 (II) exempt defined classes of in2 dividuals from the payment of the fee 

3 authorized under clause (i). 

4 (B) DEPOSIT AND USE OF PROCESSING

5 FEES.—Fees collected pursuant to subpara6 graph (A)(i)— 

7 (i) shall be deposited into the Immi8 gration Examinations Fee Account pursu9 ant to section 286(m); and 

10 (ii) shall remain available until ex11 pended pursuant to section 286(n). 

12 (C) PENALTY.— 

13 (i) PAYMENT.—In addition to the 

14 processing fee required under subpara15 graph (A), aliens who are 21 years of age 

16 or older and are applying for blue card sta17 tus under paragraph (2) shall pay a $100 

18 penalty to the Department. 

19 (ii) DEPOSIT.—Penalties collected 

20 pursuant to clause (i) shall be deposited 

21 into the Comprehensive Immigration Re22 form Trust Fund established under section 

23 6(a)(1). 

24 (10) ADJUDICATION.— 


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1 (A) FAILURE TO SUBMIT SUFFICIENT EVI2 DENCE.—The Secretary shall deny an applica3 tion submitted by an alien who fails to sub4 mit— 

5 (i) requested initial evidence, includ6 ing requested biometric data; or 

7 (ii) any requested additional evidence 

8 by the date required by the Secretary. 

9 (B) AMENDED APPLICATION.—An alien 

10 whose application for blue card status is denied 

11 under subparagraph (A) may file an amended 

12 application for such status to the Secretary if 

13 the amended application— 

14 (i) is filed within the application pe15 riod described in paragraph (3); and 

16 (ii) contains all the required informa17 tion and fees that were missing from the 

18 initial application. 

19 (11) EVIDENCE OF BLUE CARD STATUS.— 

20 (A) IN GENERAL.—The Secretary shall 

21 issue documentary evidence of blue card status 

22 to each alien whose application for such status 

23 has been approved. 


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1 (B) DOCUMENTATION FEATURES.—Docu2 mentary evidence provided under subparagraph 

3 (A)— 

4 (i) shall be machine-readable and tam5 per-resistant, and shall contain a digitized 

6 photograph; 

7 (ii) shall, during the alien’s authorized 

8 period of admission, and any extension of 

9 such authorized admission, serve as a valid 

10 travel and entry document for the purpose 

11 of applying for admission to the United 

12 States; 

13 (iii) may be accepted during the pe14 riod of its validity by an employer as evi15 dence of employment authorization and 

16 identity under section 274A(b)(1)(B) of 

17 the Immigration and Nationality Act (8 

18 U.S.C. 1324a(b)(1)(B)); and 

19 (iv) shall include such other features 

20 and information as the Secretary may pre21 scribe. 

22 (c) TERMS AND CONDITIONS OF BLUE CARD STA23 TUS.— 

24 (1) CONDITIONS OF BLUE CARD STATUS.— 


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1 (A) EMPLOYMENT.—Notwithstanding any 

2 other provision of law, including section 

3 241(a)(7) of the Immigration and Nationality 

4 Act (8 U.S.C. 1231(a)(7)), an alien with blue 

5 card status shall be authorized to be employed 

6 in the United States while in such status. 

7 (B) TRAVEL OUTSIDE THE UNITED

8 STATES.—An alien with blue card status may 

9 travel outside of the United States and may be 

10 admitted, if otherwise admissible, upon return11 ing to the United States without having to ob12 tain a visa if— 

13 (i) the alien is in possession of— 

14 (I) valid, unexpired documentary 

15 evidence of blue card status that com16 plies with subsection (b)(11); or 

17 (II) a travel document that has 

18 been approved by the Secretary and 

19 was issued to the alien after the 

20 alien’s original documentary evidence 

21 was lost, stolen, or destroyed; 

22 (ii) the alien’s absence from the 

23 United States did not exceed 180 days, un24 less the alien’s failure to timely return was 


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1 due to extenuating circumstances beyond 

2 the alien’s control; and 

3 (iii) the alien establishes that the alien 

4 is not inadmissible under subparagraph 

5 (A)(i), (A)(iii), (B), or (C) of section 

6 212(a)(3) of the Immigration and Nation7 ality Act (8 U.S.C. 1182(a)(3)). 

8 (C) ADMISSION.—An alien granted blue 

9 card status shall be considered to have been ad10 mitted in such status as of the date on which 

11 the alien’s application was filed. 

12 (D) CLARIFICATION OF STATUS.—An alien 

13 granted blue card status— 

14 (i) is lawfully admitted to the United 

15 States; and 

16 (ii) may not be classified as a non17 immigrant or as an alien who has been 

18 lawfully admitted for permanent residence. 

19 (2) REVOCATION.— 

20 (A) IN GENERAL.—The Secretary may re21 voke blue card status at any time after pro22 viding appropriate notice to the alien, and after 

23 the exhaustion or waiver of all applicable ad24 ministrative review procedures under section 

25 245E(c) of the Immigration and Nationality 


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1 Act, as added by section 2104(a) of this Act, if 

2 the alien— 

3 (i) no longer meets the eligibility re4 quirements for blue card status; 

5 (ii) knowingly used documentation 

6 issued under this section for an unlawful 

7 or fraudulent purpose; or 

8 (iii) was absent from the United 

9 States for— 

10 (I) any single period longer than 

11 180 days in violation of the require12 ment under paragraph (1)(B)(ii); or 

13 (II) for more than 180 days in 

14 the aggregate during any calendar 

15 year, unless the alien’s failure to time16 ly return was due to extenuating cir17 cumstances beyond the alien’s control. 

18 (B) ADDITIONAL EVIDENCE.— 

19 (i) IN GENERAL.—In determining 

20 whether to revoke an alien’s status under 

21 subparagraph (A), the Secretary may re22 quire the alien— 

23 (I) to submit additional evidence; 

24 or 

25 (II) to appear for an interview. 


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1 (ii) EFFECT OF NONCOMPLIANCE.— 

2 The status of an alien who fails to comply 

3 with any requirement imposed by the Sec4 retary under clause (i) shall be revoked un5 less the alien demonstrates to the Sec6 retary’s satisfaction that such failure was 

7 reasonably excusable. 

8 (C) INVALIDATION OF DOCUMENTATION.— 

9 If an alien’s blue card status is revoked under 

10 subparagraph (A), any documentation issued by 

11 the Secretary to such alien under subsection 

12 (b)(11) shall automatically be rendered invalid 

13 for any purpose except for departure from the 

14 United States. 

15 (3) INELIGIBILITY FOR PUBLIC BENEFITS.—An 

16 alien who has been granted blue card status is not 

17 eligible for any Federal means-tested public benefit 

18 (as such term is defined and implemented in section 

19 403 of the Personal Responsibility and Work Oppor20 tunity Reconciliation Act of 1996 (8 U.S.C. 1613)). 

21 (4) TREATMENT OF BLUE CARD STATUS.—A 

22 noncitizen granted blue card status shall be consid23 ered lawfully present in the United States for all 

24 purposes while such noncitizen remains in such sta25 tus, except that the noncitizen— 


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1 (A) is not entitled to the premium assist2 ance tax credit authorized under section 36B of 

3 the Internal Revenue Code of 1986 for his or 

4 her coverage; 

5 (B) shall be subject to the rules applicable 

6 to individuals who are not lawfully present set 

7 forth in subsection (e) of such section; 

8 (C) shall be subject to the rules applicable 

9 to individuals who are not lawfully present set 

10 forth in section 1402(e) of the Patient Protec11 tion and Affordable Care Act (42 U.S.C. 

12 18071(e)); and 

13 (D) shall be subject to the rules applicable 

14 to individuals not lawfully present set forth in 

15 section 5000A(d)(3) of the Internal Revenue 

16 Code of 1986. 

17 (5) ADJUSTMENT TO REGISTERED PROVISIONAL

18 IMMIGRANT STATUS.—The Secretary may adjust the 

19 status of an alien who has been granted blue card 

20 status to the status of a registered provisional immi21 grant under section 245B of the Immigration and 

22 Nationality Act if the Secretary determines that the 

23 alien is unable to fulfill the agricultural service re24 quirement set forth in section 245F(a)(1) of such 

25 Act. 


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1 (d) RECORD OF EMPLOYMENT.— 

2 (1) IN GENERAL.—Each employer of an alien 

3 granted blue card status shall annually provide— 

4 (A) a written record of employment to the 

5 alien; and 

6 (B) a copy of such record to the Secretary 

7 of Agriculture. 

8 (2) CIVIL PENALTIES.— 

9 (A) IN GENERAL.—If the Secretary finds, 

10 after notice and an opportunity for a hearing, 

11 that an employer of an alien granted blue card 

12 status has knowingly failed to provide the 

13 record of employment required under paragraph 

14 (1) or has provided a false statement of mate15 rial fact in such a record, the employer shall be 

16 subject to a civil penalty in an amount not to 

17 exceed $500 per violation. 

18 (B) LIMITATION.—The penalty under sub19 paragraph (A) for failure to provide employ20 ment records shall not apply unless the alien 

21 has provided the employer with evidence of em22 ployment authorization provided under sub23 section (c). 

24 (C) DEPOSIT OF CIVIL PENALTIES.—Civil 

25 penalties collected under this paragraph shall be 


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1 deposited in the Comprehensive Immigration 

2 Reform Trust Fund established under section 

3 6(a)(1). 

4 (3) TERMINATION OF OBLIGATION.—The obli5 gation under paragraph (1) shall terminate on the 

6 date that is 8 years after the date of the enactment 

7 of this Act. 

8 (4) EMPLOYER PROTECTIONS.— 

9 (A) USE OF EMPLOYMENT RECORDS.— 

10 Copies of employment records or other evidence 

11 of employment provided by an alien or by an 

12 alien’s employer in support of an alien’s appli13 cation for blue card status may not be used in 

14 a civil or criminal prosecution or investigation 

15 of that employer under section 274A of the Im16 migration and Nationality Act (8 U.S.C. 

17 1324a) or the Internal Revenue Code of 1986 

18 for the prior unlawful employment of that alien 

19 regardless of the adjudication of such applica20 tion or reconsideration by the Secretary of such 

21 alien’s prima facie eligibility determination. 

22 Employers that provide unauthorized aliens 

23 with copies of employment records or other evi24 dence of employment pursuant to an application 

25 for blue card status shall not be subject to civil 


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1 and criminal liability pursuant to such section 

2 274A for employing such unauthorized aliens. 

3 (B) LIMIT ON APPLICABILITY.—The pro4 tections for employers and aliens under sub5 paragraph (A) shall not apply if the aliens or 

6 employers submit employment records that are 

7 deemed to be fraudulent. 

8 (e) RULEMAKING.—Not later than 1 year after the 

9 date of the enactment of this Act, the Secretary, in con10 sultation with the Secretary of Agriculture, shall issue 

11 final regulations to implement this chapter. 

12 SEC. 2212. ADJUSTMENT TO PERMANENT RESIDENT STA13 TUS. 

14 (a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 

15 1255 et seq.) is amended by inserting after section 245E, 

16 as added by section 2104 of this Act, the following: 

17 ‘‘SEC. 245F. ADJUSTMENT TO PERMANENT RESIDENT STA18 TUS FOR AGRICULTURAL WORKERS. 

19 ‘‘(a) IN GENERAL.—Except as provided in subsection 

20 (b), and not earlier than 5 years after the date of the en21 actment of the Border Security, Economic Opportunity, 

22 and Immigration Modernization Act, the Secretary shall 

23 adjust the status of an alien granted blue card status to 

24 that of an alien lawfully admitted for permanent residence 


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1 if the Secretary determines that the following require2 ments are satisfied: 

3 ‘‘(1) QUALIFYING EMPLOYMENT.—Except as 

4 provided in paragraph (3), the alien— 

5 ‘‘(A) during the 8-year period beginning on 

6 the date of the enactment of the Border Secu7 rity, Economic Opportunity, and Immigration 

8 Modernization Act, performed not less than 100 

9 work days of agricultural employment during 

10 each of 5 years; or 

11 ‘‘(B) during the 5-year period beginning on 

12 such date of enactment, performed not less 

13 than 150 work days of agricultural employment 

14 during each of 3 years. 

15 ‘‘(2) EVIDENCE.—An alien may demonstrate 

16 compliance with the requirement under paragraph 

17 (1) by submitting— 

18 ‘‘(A) the record of employment described 

19 in section 2211(d) of the Border Security, Eco20 nomic Opportunity, and Immigration Mod21 ernization Act; 

22 ‘‘(B) documentation that may be submitted 

23 under subsection (e)(4); or 

24 ‘‘(C) any other documentation designated 

25 by the Secretary for such purpose. 


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1 ‘‘(3) EXTRAORDINARY CIRCUMSTANCES.— 

2 ‘‘(A) IN GENERAL.—In determining wheth3 er an alien has met the requirement under 

4 paragraph (1), the Secretary may credit the 

5 alien with not more than 12 additional months 

6 of agricultural employment in the United States 

7 to meet such requirement if the alien was un8 able to work in agricultural employment due 

9 to— 

10 ‘‘(i) pregnancy, disabling injury, or 

11 disease that the alien can establish through 

12 medical records; 

13 ‘‘(ii) illness, disease, or other special 

14 needs of a child that the alien can establish 

15 through medical records; 

16 ‘‘(iii) severe weather conditions that 

17 prevented the alien from engaging in agri18 cultural employment for a significant pe19 riod of time; or 

20 ‘‘(iv) termination from agricultural 

21 employment, if the Secretary determines 

22 that— 

23 ‘‘(I) the termination was without 

24 just cause; and 


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1 ‘‘(II) the alien was unable to find 

2 alternative agricultural employment 

3 after a reasonable job search. 

4 ‘‘(B) EFFECT OF DETERMINATION.—A de5 termination under subparagraph (A)(iv), with 

6 respect to an alien, shall not be conclusive, 

7 binding, or admissible in a separate or subse8 quent judicial or administrative action or pro9 ceeding between the alien and a current or 

10 prior employer of the alien or any other party. 

11 ‘‘(4) APPLICATION PERIOD.—The alien applies 

12 for adjustment of status before the alien’s blue card 

13 status expires. 

14 ‘‘(5) FINE.—The alien pays a fine of $400 to 

15 the Secretary, which shall be deposited into the 

16 Comprehensive Immigration Reform Trust Fund es17 tablished under section 6(a)(1) of the Border Secu18 rity, Economic Opportunity, and Immigration Mod19 ernization Act. 

20 ‘‘(b) GROUNDS FOR DENIAL OF ADJUSTMENT OF

21 STATUS.— 

22 ‘‘(1) IN GENERAL.—The Secretary may not ad23 just the status of an alien granted blue card status 

24 if the alien— 


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1 ‘‘(A) is no longer eligible for blue card sta2 tus; or 

3 ‘‘(B) failed to perform the qualifying em4 ployment requirement under subsection (a)(1), 

5 considering any amount credited by the Sec6 retary under subsection (a)(3). 

7 ‘‘(2) MAINTENANCE OF WAIVERS OF INADMIS8 SIBILITY.—The grounds of inadmissibility set forth 

9 in section 212(a) that were previously waived for the 

10 alien or made inapplicable shall not apply for pur11 poses of the alien’s adjustment of status under this 

12 section. 

13 ‘‘(3) PENDING REVOCATION PROCEEDINGS.—If 

14 the Secretary has notified the applicant that the 

15 Secretary intends to revoke the applicant’s blue card 

16 status, the Secretary may not approve an application 

17 for adjustment of status under this section unless 

18 the Secretary makes a final determination not to re19 voke the applicant’s status. 

20 ‘‘(4) PAYMENT OF TAXES.— 

21 ‘‘(A) IN GENERAL.—An applicant may not 

22 file an application for adjustment of status 

23 under this section unless the applicant has sat24 isfied any applicable Federal tax liability. 


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1 ‘‘(B) DEFINITION OF APPLICABLE FED2 ERAL TAX LIABILITY.—In this paragraph, the 

3 term ‘applicable federal tax liability’ means all 

4 Federal income taxes assessed in accordance 

5 with section 6203 of the Internal Revenue Code 

6 of 1986 since the date on which the applicant 

7 was authorized to work in the United States in 

8 blue card status. 

9 ‘‘(C) COMPLIANCE.—The applicant may 

10 demonstrate compliance with subparagraph (A) 

11 by submitting such documentation as the Sec12 retary, in consultation with the Secretary of the 

13 Treasury, may require by regulation. 

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

15 any other provision of law, the Secretary shall grant per16 manent resident status to the spouse or child of an alien 

17 whose status was adjusted under subsection (a) if— 

18 ‘‘(1) the spouse or child (including any indi19 vidual who was a child on the date such alien was 

20 granted blue card status) applies for such status; 

21 ‘‘(2) the principal alien includes the spouse and 

22 children in an application for adjustment of status 

23 to that of a lawful permanent resident; and 

24 ‘‘(3) the spouse or child is not ineligible for 

25 such status under section 245B. 


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1 ‘‘(d) NUMERICAL LIMITATIONS DO NOT APPLY.— 

2 The numerical limitations under sections 201 and 202 

3 shall not apply to the adjustment of aliens to lawful per4 manent resident status under this section. 

5 ‘‘(e) SUBMISSION OF APPLICATIONS.— 

6 ‘‘(1) INTERVIEW.—The Secretary may interview 

7 applicants for adjustment of status under this sec8 tion to determine whether they meet the eligibility 

9 requirements set forth in this section. 

10 ‘‘(2) FEES.— 

11 ‘‘(A) IN GENERAL.—Applicants for adjust12 ment of status under this section shall pay a 

13 processing fee to the Secretary in an amount 

14 that will ensure the recovery of the full costs of 

15 adjudicating such applications, including— 

16 ‘‘(i) the cost of taking and processing 

17 biometrics; 

18 ‘‘(ii) expenses relating to prevention 

19 and investigation of fraud; and 

20 ‘‘(iii) costs relating to the administra21 tion of the fees collected. 

22 ‘‘(B) AUTHORITY TO LIMIT FEES.—The 

23 Secretary, by regulation— 

24 ‘‘(i) may limit the maximum proc25 essing fee payable under this paragraph by 


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1 a family, including spouses and unmarried 

2 children younger than 21 years of age; and 

3 ‘‘(ii) may exempt individuals described 

4 in section 245B(c)(10) and other defined 

5 classes of individuals from the payment of 

6 the fee under subparagraph (A). 

7 ‘‘(3) DISPOSITION OF FEES.—All fees collected 

8 under paragraph (2)(A)— 

9 ‘‘(A) shall be deposited into the Immigra10 tion Examinations Fee Account pursuant to 

11 section 286(m); and 

12 ‘‘(B) shall remain available until expended 

13 pursuant to section 286(n). 

14 ‘‘(4) DOCUMENTATION OF WORK HISTORY.— 

15 ‘‘(A) BURDEN OF PROOF.—An alien apply16 ing for blue card status under section 2211 of 

17 the Border Security, Economic Opportunity, 

18 and Immigration Modernization Act or for ad19 justment of status under subsection (a) shall 

20 provide evidence that the alien has worked the 

21 requisite number of hours or days required 

22 under subsection (a)(1) of such section 2211 or 

23 subsection (a)(3) of this section, as applicable. 

24 ‘‘(B) TIMELY PRODUCTION OF RECORDS.— 

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1 ing such an alien has kept proper and adequate 

2 records respecting such employment, the alien’s 

3 burden of proof under subparagraph (A) may 

4 be met by securing timely production of those 

5 records under regulations to be promulgated by 

6 the Secretary. 

7 ‘‘(C) SUFFICIENT EVIDENCE.—An alien 

8 may meet the burden of proof under subpara9 graph (A) to establish that the alien has per10 formed the days or hours of work referred to in 

11 subparagraph (A) by producing sufficient evi12 dence to show the extent of that employment as 

13 a matter of just and reasonable inference. 

14 ‘‘(f) PENALTIES FOR FALSE STATEMENTS IN APPLI15 CATIONS.— 

16 ‘‘(1) CRIMINAL PENALTY.—Any person who— 

17 ‘‘(A) files an application for blue card sta18 tus under section 2211 of the Border Security, 

19 Economic Opportunity, and Immigration Mod20 ernization Act or an adjustment of status under 

21 this section and knowingly and willfully fal22 sifies, conceals, or covers up a material fact or 

23 makes any false, fictitious, or fraudulent state24 ments or representations, or makes or uses any 

25 false writing or document knowing the same to 


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1 contain any false, fictitious, or fraudulent state2 ment or entry; or 

3 ‘‘(B) creates or supplies a false writing or 

4 document for use in making such an applica5 tion, 

6 shall be fined in accordance with title 18, United 

7 States Code, imprisoned not more than 5 years, or 

8 both. 

9 ‘‘(2) INADMISSIBILITY.—An alien who is con10 victed of a crime under paragraph (1) shall be 

11 deemed inadmissible to the United States on the 

12 ground described in section 212(a)(6)(C)(i). 

13 ‘‘(3) DEPOSIT.—Fines collected under para14 graph (1) shall be deposited into the Comprehensive 

15 Immigration Reform Trust Fund established under 

16 section 6(a)(1) of the Border Security, Economic 

17 Opportunity, and Immigration Modernization Act. 

18 ‘‘(g) ELIGIBILITY FOR LEGAL SERVICES.—Section 

19 504(a)(11) of the Departments of Commerce, Justice, and 

20 State, the Judiciary, and Related Agencies Appropriations 

21 Act, 1996 (Public Law 104–134; 110 Stat. 1321–55) may 

22 not be construed to prevent a recipient of funds under the 

23 Legal Services Corporation Act (42 U.S.C. 2996 et seq.) 

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1 der Security, Economic Opportunity, and Immigration 

2 Modernization Act, to an individual who has been granted 

3 blue card status, or for an application for an adjustment 

4 of status under this section. 

5 ‘‘(h) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

6 Aliens applying for blue card status under section 2211 

7 of the Border Security, Economic Opportunity, and Immi8 gration Modernization Act or adjustment to permanent 

9 resident status under this section shall be entitled to the 

10 rights and subject to the conditions applicable to other 

11 classes of aliens under sections 242(h) and 245E. 

12 ‘‘(i) APPLICABILITY OF OTHER PROVISIONS.—The 

13 provisions set forth in section 245E which are applicable 

14 to aliens described in section 245B, 245C, and 245D shall 

15 apply to aliens applying for blue card status under section 

16 2211 of the Border Security, Economic Opportunity, and 

17 Immigration Modernization Act or adjustment to perma18 nent resident status under this section. 

19 ‘‘(j) LIMITATION ON BLUE CARD STATUS.—An alien 

20 granted blue card status under section 2211 of the Border 

21 Security, Economic Opportunity, and Immigration Mod22 ernization Act may only adjust status to an alien lawfully 

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1 rity, Economic Opportunity, and Immigration Moderniza2 tion Act. 

3 ‘‘(k) DEFINITIONS.—In this section: 

4 ‘‘(1) BLUE CARD STATUS.—The term ‘blue card 

5 status’ means the status of an alien who has been 

6 lawfully admitted into the United States for tem7 porary residence under section 2211 of the Border 

8 Security, Economic Opportunity, and Immigration 

9 Modernization Act. 

10 ‘‘(2) AGRICULTURAL EMPLOYMENT.—The term 

11 ‘agricultural employment’ has the meaning given 

12 such term in section 3 of the Migrant and Seasonal 

13 Agricultural Worker Protection Act (29 U.S.C. 

14 1802), without regard to whether the specific service 

15 or activity is temporary or seasonal. 

16 ‘‘(3) EMPLOYER.—The term ‘employer’ means 

17 any person or entity, including any farm labor con18 tractor and any agricultural association, that em19 ploys workers in agricultural employment. 

20 ‘‘(4) WORK DAY.—The term ‘work day’ means 

21 any day in which the individual is employed 5.75 or 

22 more hours in agricultural employment.’’. 

23 (b) CONFORMING AMENDMENT.—Section 201(b)(1) 

24 (8 U.S.C. 1151(b)(1)), as amended by section 2103(c), is 

25 further amended by adding at the end the following: 


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1 ‘‘(G) Aliens granted lawful permanent resi2 dent status under section 245F.’’. 

3 (c) CLERICAL AMENDMENT.—The table of contents, 

4 as amended by section 2104(e), is further amended by in5 serting after the item relating to section 245E the fol6 lowing: 

‘‘Sec. 245F. Adjustment to permanent resident status for agricultural workers.’’. 

7 SEC. 2213. USE OF INFORMATION. 

8 Beginning not later than the first day of the applica9 tion period described in section 2211(b)(3), the Secretary, 

10 in cooperation with qualified designated entities, shall 

11 broadly disseminate information respecting the benefits 

12 that aliens may receive under this subchapter and the re13 quirements that an alien is required to meet to receive 

14 such benefits. 

15 SEC. 2214. REPORTS ON BLUE CARDS. 

16 Not later than September 30, 2013, and annually 

17 thereafter for the next 8 years, the Secretary shall submit 

18 a report to Congress that identifies, for the previous fiscal 

19 year— 

20 (1) the number of aliens who applied for blue 

21 card status; 

22 (2) the number of aliens who were granted blue 

23 card status; 


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1 (3) the number of aliens who applied for an ad2 justment of status pursuant to section 245F(a) of 

3 the Immigration and Nationality Act, as added by 

4 section 2212; and 

5 (4) the number of aliens who received an ad6 justment of status pursuant such section 245F(a). 

7 SEC. 2215. AUTHORIZATION OF APPROPRIATIONS. 

8 There are authorized to be appropriated to the Sec9 retary such sums as may be necessary to implement this 

10 subchapter, including any sums needed for costs associ11 ated with the initiation of such implementation, for fiscal 

12 years 2013 and 2014. 

13 Subchapter B—Correction of Social Security 

14 Records 

15 SEC. 2221. CORRECTION OF SOCIAL SECURITY RECORDS. 

16 (a) IN GENERAL.—Section 208(e)(1) of the Social 

17 Security Act (42 U.S.C. 408(e)(1)) is amended— 

18 (1) in subparagraph (B)(ii), by striking ‘‘or’’ at 

19 the end; 

20 (2) in subparagraph (C), by inserting ‘‘or’’ at 

21 the end; 

22 (3) by inserting after subparagraph (C) the fol23 lowing: 


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1 ‘‘(D) who is granted blue card status 

2 under the Agricultural Worker Program Act of 

3 2013,’’; and 

4 (4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 

5 in the case of an alien described in subparagraph 

6 (D), if such conduct is alleged to have occurred be7 fore the date on which the alien was granted blue 

8 card status under section 2211(a) of the Agricul9 tural Worker Program Act of 2013.’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 subsection (a) shall take effect on the first day of the sev12 enth month that begins after the date of the enactment 

13 of this Act. 

14 CHAPTER 2—NONIMMIGRANT 

15 AGRICULTURAL VISA PROGRAM 

16 SEC. 2231. NONIMMIGRANT CLASSIFICATION FOR NON17 IMMIGRANT AGRICULTURAL WORKERS. 

18 Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amend19 ed by adding at the end the following: 

20 ‘‘(W) an alien having a residence in a for21 eign country who is coming to the United 

22 States for a temporary period— 

23 ‘‘(iii)(I) to perform services or labor in 

24 agricultural employment and who has a 

25 written contract that specifies the wages, 


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1 benefits, and working conditions of such 

2 full-time employment in an agricultural oc3 cupation with a designated agricultural 

4 employer for a specified period of time; 

5 and 

6 ‘‘(II) who meets the requirements 

7 under section 218A for a nonimmigrant 

8 visa described in this clause; or 

9 ‘‘(iv)(I) to perform services or labor in 

10 agricultural employment and who has an 

11 offer of full-time employment in an agricul12 tural occupation from a designated agricul13 tural employer for such employment and is 

14 not described in clause (i); and 

15 ‘‘(II) who meets the requirements 

16 under section 218A for a nonimmigrant 

17 visa described in this clause.’’. 

18 SEC. 2232. ESTABLISHMENT OF NONIMMIGRANT AGRICUL19 TURAL WORKER PROGRAM. 

20 (a) IN GENERAL.—Chapter 2 of title II (8 U.S.C. 

21 1181 et seq.) is amended by inserting after section 218 

22 the following: 


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1 ‘‘SEC. 218A. NONIMMIGRANT AGRICULTURAL WORKER PRO2 GRAM. 

3 ‘‘(a) DEFINITIONS.—In this section and in clauses 

4 (iii) and (iv) of section 101(a)(15)(W): 

5 ‘‘(1) AGRICULTURAL EMPLOYMENT.—The term 

6 ‘agricultural employment’ has the meaning given 

7 such term in section 3 of the Migrant and Seasonal 

8 Agricultural Worker Protection Act (29 U.S.C. 

9 1802), without regard to whether the specific service 

10 or activity is temporary or seasonal. 

11 ‘‘(2) AT-WILL AGRICULTURAL WORKER.—The 

12 term ‘at-will agricultural worker’ means an alien 

13 present in the United States pursuant to section 

14 101(a)(15)(W)(iv). 

15 ‘‘(3) BLUE CARD.—The term ‘blue card’ means 

16 an employment authorization and travel document 

17 issued to an alien granted blue card status under 

18 section 2211(a) of the Agricultural Worker Program 

19 Act of 2013. 

20 ‘‘(4) CONTRACT AGRICULTURAL WORKER.—The 

21 term ‘contract agricultural worker’ means an alien 

22 present in the United States pursuant to section 

23 101(a)(15)(W)(iii). 

24 ‘‘(5) DESIGNATED AGRICULTURAL EM25 PLOYER.—The term ‘designated agricultural em26 ployer’ means an employer who is registered with 


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1 the Secretary of Agriculture pursuant to subsection 

2 (e)(1). 

3 ‘‘(6) ELECTRONIC JOB REGISTRY.—The term 

4 ‘Electronic Job Registry’ means the Electronic Job 

5 Registry of a State workforce agency (or similar suc6 cessor registry). 

7 ‘‘(7) EMPLOYER.—Except as otherwise pro8 vided, the term ‘employer’ means any person or enti9 ty, including any farm labor contractor and any ag10 ricultural association, that employs workers in agri11 cultural employment. 

12 ‘‘(8) NONIMMIGRANT AGRICULTURAL WORK13 ER.—The term ‘nonimmigrant agricultural worker’ 

14 mean a nonimmigrant described in clause (iii) or (iv) 

15 of section 101(a)(15)(W). 

16 ‘‘(9) PROGRAM.—The term ‘Program’ means 

17 the Nonimmigrant Agricultural Worker Program es18 tablished under subsection (b). 

19 ‘‘(10) SECRETARY.—Except as otherwise spe20 cifically provided, the term ‘Secretary’ means the 

21 Secretary of Agriculture. 

22 ‘‘(11) UNITED STATES WORKER.—The term 

23 ‘United States worker’ means an individual who— 

24 ‘‘(A) is a national of the United States; or 

25 ‘‘(B) is an alien who— 


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1 ‘‘(i) is lawfully admitted for perma2 nent residence; 

3 ‘‘(ii) is admitted as a refugee under 

4 section 207; 

5 ‘‘(iii) is granted asylum under section 

6 208; 

7 ‘‘(iv) holds a blue card; or 

8 ‘‘(v) is an immigrant otherwise au9 thorized by this Act or by the Secretary of 

10 Homeland Security to be employed in the 

11 United States. 

12 ‘‘(b) REQUIREMENTS.— 

13 ‘‘(1) EMPLOYER.—An employer may not employ 

14 an alien for agricultural employment under the Pro15 gram unless such employer is a designated agricul16 tural employer and complies with the terms of this 

17 section. 

18 ‘‘(2) WORKER.—An alien may not be employed 

19 for agricultural employment under the Program un20 less such alien is a nonimmigrant agricultural work21 er and complies with the terms of this section. 

22 ‘‘(c) NUMERICAL LIMITATION.— 

23 ‘‘(1) FIRST 5 YEARS OF PROGRAM.— 

24 ‘‘(A) IN GENERAL.—Subject to paragraph 

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1 immigrant agricultural workers for the fiscal 

2 year during which the first visa is issued to a 

3 nonimmigrant agricultural worker and for each 

4 of the following 4 fiscal years shall be equal 

5 to— 

6 ‘‘(i) 112,333; and 

7 ‘‘(ii) the numerical adjustment made 

8 by the Secretary for such fiscal year in ac9 cordance with paragraph (2). 

10 ‘‘(B) QUARTERLY ALLOCATION.—The an11 nual allocation of visas described in subpara12 graph (A) shall be evenly allocated between the 

13 4 quarters of the fiscal year unless the Sec14 retary determines that an alternative allocation 

15 would better accommodate the seasonal demand 

16 for visas. Any unused visas in a quarter shall 

17 be added to the allocation for the subsequent 

18 quarter of the same fiscal year. 

19 ‘‘(C) EFFECT OF 2ND OR SUBSEQUENT

20 DESIGNATED AGRICULTURAL EMPLOYER.—A 

21 nonimmigrant agricultural worker who has a 

22 valid visa issued under this section that counted 

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1 location if the worker is petitioned for by a sub2 sequent designated agricultural employer. 

3 ‘‘(2) ANNUAL ADJUSTMENTS FOR FIRST 5

4 YEARS OF PROGRAM.— 

5 ‘‘(A) IN GENERAL.—The Secretary, in con6 sultation with the Secretary of Labor, and after 

7 reviewing relevant evidence submitted by agri8 cultural producers and organizations rep9 resenting agricultural workers, may increase or 

10 decrease, as appropriate, the worldwide level of 

11 visas under paragraph (1) for each of the 5 fis12 cal years referred to in paragraph (1) after con13 sidering appropriate factors, including— 

14 ‘‘(i) a demonstrated shortage of agri15 cultural workers; 

16 ‘‘(ii) the level of unemployment and 

17 underemployment of agricultural workers 

18 during the preceding fiscal year; 

19 ‘‘(iii) the number of applications for 

20 blue card status; 

21 ‘‘(iv) the number of blue card visa ap22 plications approved; 

23 ‘‘(v) the number of nonimmigrant ag24 ricultural workers sought by employers 

25 during the preceding fiscal year; 


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1 ‘‘(vi) the estimated number of United 

2 States workers, including blue card work3 ers, who worked in agriculture during the 

4 preceding fiscal year; 

5 ‘‘(vii) the number of nonimmigrant 

6 agricultural workers issued a visa in the 

7 most recent fiscal year who remain in the 

8 United States in compliance with the terms 

9 of such visa; 

10 ‘‘(viii) the number of United States 

11 workers who accepted jobs offered by em12 ployers using the Electronic Job Registry 

13 during the preceding fiscal year; 

14 ‘‘(ix) any growth or contraction of the 

15 United States agricultural industry that 

16 has increased or decreased the demand for 

17 agricultural workers; and 

18 ‘‘(x) any changes in the real wages 

19 paid to agricultural workers in the United 

20 States as an indication of a shortage or 

21 surplus of agricultural labor. 

22 ‘‘(B) NOTIFICATION; IMPLEMENTATION.— 

23 The Secretary shall notify the Secretary of 

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1 tural workers. The Secretary of Homeland Se2 curity shall implement such changes. 

3 ‘‘(C) EMERGENCY PROCEDURES.—The 

4 Secretary shall establish, by regulation, proce5 dures for immediately adjusting an annual allo6 cation under paragraph (1) for labor shortages, 

7 as determined by the Secretary. The Secretary 

8 shall make a decision on a petition for an ad9 justment of status not later than 30 days after 

10 receiving such petition. 

11 ‘‘(3) SIXTH AND SUBSEQUENT YEARS OF PRO12 GRAM.—The Secretary, in consultation with the Sec13 retary of Labor, shall establish the worldwide level 

14 of visas for nonimmigrant agricultural workers for 

15 each fiscal year following the fiscal years referred to 

16 in paragraph (1) after considering appropriate fac17 tors, including— 

18 ‘‘(A) a demonstrated shortage of agricul19 tural workers; 

20 ‘‘(B) the level of unemployment and under21 employment of agricultural workers during the 

22 preceding fiscal year; 

23 ‘‘(C) the number of applications for blue 

24 card status; 


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1 ‘‘(D) the number of blue card visa applica2 tions approved; 

3 ‘‘(E) the number of nonimmigrant agricul4 tural workers sought by employers during the 

5 preceding fiscal year; 

6 ‘‘(F) the estimated number of United 

7 States workers, including blue card workers, 

8 who worked in agriculture during the preceding 

9 fiscal year; 

10 ‘‘(G) the number of nonimmigrant agricul11 tural workers issued a visa in the most recent 

12 fiscal year who remain in the United States in 

13 compliance with the terms of such visa; 

14 ‘‘(H) the number of United States workers 

15 who accepted jobs offered by employers using 

16 the Electronic Job Registry during the pre17 ceding fiscal year; 

18 ‘‘(I) any growth or contraction of the 

19 United States agricultural industry that has in20 creased or decreased the demand for agricul21 tural workers; and 

22 ‘‘(J) any changes in the real wages paid to 

23 agricultural workers in the United States as an 

24 indication of a shortage or surplus of agricul25 tural labor. 


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1 ‘‘(4) EMERGENCY PROCEDURES.—The Sec2 retary shall establish, by regulation, procedures for 

3 immediately adjusting an annual allocation under 

4 paragraph (3) for labor shortages, as determined by 

5 the Secretary. The Secretary shall make a decision 

6 on a petition for an adjustment of status not later 

7 than 30 days after receiving such petition. 

8 ‘‘(d) REQUIREMENTS FOR NONIMMIGRANT AGRICUL9 TURAL WORKERS.— 

10 ‘‘(1) ELIGIBILITY FOR NONIMMIGRANT AGRI11 CULTURAL WORKER STATUS.— 

12 ‘‘(A) IN GENERAL.—An alien is not eligible 

13 to be admitted to the United States as a non14 immigrant agricultural worker if the alien— 

15 ‘‘(i) violated a material term or condi16 tion of a previous admission as a non17 immigrant agricultural worker during the 

18 most recent 3-year period (other than a 

19 contract agricultural worker who volun20 tarily abandons his or her employment be21 fore the end of the contract period or 

22 whose employment is terminated by the 

23 employer for cause); 

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1 ground checks required by the Secretary of 

2 Homeland Security or any other examina3 tion required under this Act; or 

4 ‘‘(iii)(I) departed from the United 

5 States while subject to an order of exclu6 sion, deportation, or removal, or pursuant 

7 to an order of voluntary departure; and 

8 ‘‘(II)(aa) is outside of the United 

9 States; or 

10 ‘‘(bb) has reentered the United States 

11 illegally after December 31, 2012, without 

12 receiving consent to the alien’s reapplica13 tion for admission under section 212(a)(9). 

14 ‘‘(B) WAIVER.—The Secretary of Home15 land Security may waive the application of sub16 paragraph (A)(iii) on behalf of an alien if the 

17 alien— 

18 ‘‘(i) is the spouse or child of a United 

19 States citizen or lawful permanent resi20 dent; 

21 ‘‘(ii) is the parent of a child who is a 

22 United States citizen or lawful permanent 

23 resident; 


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1 ‘‘(iii) meets the requirements set forth 

2 in clause (ii) or (iii) of section 

3 245D(b)(1)(A); or 

4 ‘‘(iv)(I) meets the requirements set 

5 forth in section 245D(b)(1)(A)(ii); 

6 ‘‘(II) is 16 years or older on the date 

7 on which the alien applies for non8 immigrant agricultural status; and 

9 ‘‘(III) was physically present in the 

10 United States for an aggregate period of 

11 not less than 3 years during the 6-year pe12 riod immediately preceding the date of the 

13 enactment of this section. 

14 ‘‘(2) TERM OF STAY FOR NONIMMIGRANT AGRI15 CULTURAL WORKERS.— 

16 ‘‘(A) IN GENERAL.— 

17 ‘‘(i) INITIAL ADMISSION.—A non18 immigrant agricultural worker may be ad19 mitted into the United States in such sta20 tus for an initial period of 3 years. 

21 ‘‘(ii) RENEWAL.—A nonimmigrant ag22 ricultural worker may renew such worker’s 

23 period of admission in the United States 

24 for 1 additional 3-year period. 


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1 ‘‘(B) BREAK IN PRESENCE.—A non2 immigrant agricultural worker who has been 

3 admitted to the United States for 2 consecutive 

4 periods under subparagraph (A) is ineligible to 

5 renew the alien’s nonimmigrant agricultural 

6 worker status until such alien— 

7 ‘‘(i) returns to a residence outside the 

8 United States for a period of not less than 

9 3 months; and 

10 ‘‘(ii) seeks to reenter the United 

11 States under the terms of the Program as 

12 a nonimmigrant agricultural worker. 

13 ‘‘(3) LOSS OF STATUS.— 

14 ‘‘(A) IN GENERAL.—An alien admitted as 

15 a nonimmigrant agricultural worker shall be in16 eligible for such status and shall be required to 

17 depart the United States if such alien— 

18 ‘‘(i) after the completion of his or her 

19 contract with a designated agricultural em20 ployer, is not employed in agricultural em21 ployment by a designated agricultural em22 ployer; or 

23 ‘‘(ii) is an at-will agricultural worker 

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1 tural employment as an at-will agricultural 

2 worker. 

3 ‘‘(B) EXCEPTION.—Subject to subpara4 graph (C), a nonimmigrant agricultural worker 

5 has not violated subparagraph (A) if the non6 immigrant agricultural worker is not employed 

7 in agricultural employment for a period not to 

8 exceed 60 days. 

9 ‘‘(C) WAIVER.—Notwithstanding subpara10 graph (B), the Secretary of Homeland Security 

11 may waive the application of clause (i) or (ii) of 

12 subparagraph (A) for a nonimmigrant agricul13 tural worker who was not employed in agricul14 tural employment for a period of more than 60 

15 days if such period of unemployment was due 

16 to— 

17 ‘‘(i) the injury of such worker; or 

18 ‘‘(ii) a natural disaster declared by 

19 the Secretary. 

20 ‘‘(D) TOLLING OF EMPLOYMENT REQUIRE21 MENT.—A nonimmigrant agricultural worker 

22 may leave the United States for up to 60 days 

23 in any fiscal year while in such status. During 

24 the period in which the worker is outside of the 


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1 United States, the 60-day limit specified in sub2 paragraph (B) shall be tolled. 

3 ‘‘(4) PORTABILITY OF STATUS.— 

4 ‘‘(A) CONTRACT AGRICULTURAL WORK5 ERS.— 

6 ‘‘(i) IN GENERAL.—Except as pro7 vided in clause (ii), an alien who entered 

8 the United States as a contract agricul9 tural worker may— 

10 ‘‘(I) seek employment as a non11 immigrant agricultural worker with a 

12 designated agricultural employer other 

13 than the designated agricultural em14 ployer with whom the employee had a 

15 contract described in section 

16 101(a)(15)(W)(iii)(I); and 

17 ‘‘(II) accept employment with 

18 such new employer after the date the 

19 contract agricultural worker completes 

20 such contract. 

21 ‘‘(ii) VOLUNTARY ABANDONMENT; 

22 TERMINATION FOR CAUSE.—A contract ag23 ricultural worker who voluntarily abandons 

24 his or her employment before the end of 


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1 the contract period or whose employment 

2 is terminated for cause by the employer— 

3 ‘‘(I) may not accept subsequent 

4 employment with another designated 

5 agricultural employer without first de6 parting the United States and reen7 tering pursuant to a new offer of em8 ployment; and 

9 ‘‘(II) is not entitled to the 75 

10 percent payment guarantee described 

11 in subsection (e)(4)(B). 

12 ‘‘(iii) TERMINATION BY MUTUAL

13 AGREEMENT.—The termination of an em14 ployment contract by mutual agreement of 

15 the designated agricultural employer and 

16 the contract agricultural worker shall not 

17 be considered voluntary abandonment for 

18 purposes of clause (ii). 

19 ‘‘(B) AT-WILL AGRICULTURAL WORK20 ERS.—An alien who entered the United States 

21 as an at-will agricultural worker may seek em22 ployment as an at-will agricultural worker with 

23 any other designated agricultural employer re24 ferred to in section 101(a)(15)(W)(iv)(I). 


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1 ‘‘(5) PROHIBITION ON GEOGRAPHIC LIMITA2 TION.—A nonimmigrant visa issued to a non3 immigrant agricultural worker— 

4 ‘‘(A) shall not limit the geographical area 

5 within which such worker may be employed; 

6 ‘‘(B) shall not limit the type of agricultural 

7 employment such worker may perform; and 

8 ‘‘(C) shall restrict such worker to employ9 ment with designated agricultural employers. 

10 ‘‘(6) TREATMENT OF SPOUSES AND CHIL11 DREN.—A spouse or child of a nonimmigrant agri12 cultural worker— 

13 ‘‘(A) shall not be entitled to a visa or any 

14 immigration status by virtue of the relationship 

15 of such spouse or child to such worker; and 

16 ‘‘(B) may be provided status as a non17 immigrant agricultural worker if the spouse or 

18 child is independently qualified for such status. 

19 ‘‘(e) EMPLOYER REQUIREMENTS.— 

20 ‘‘(1) DESIGNATED AGRICULTURAL EMPLOYER

21 STATUS.— 

22 ‘‘(A) REGISTRATION REQUIREMENT.— 

23 Each employer seeking to employ nonimmigrant 

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1 ting to the Secretary, through the Farm Service 

2 Agency in the geographic area of the employer 

3 or electronically to the Secretary, a registration 

4 that includes— 

5 ‘‘(i) the employer’s employer identi6 fication number; and 

7 ‘‘(ii) a registration fee, in an amount 

8 determined by the Secretary, which shall 

9 be used for the costs of administering the 

10 program. 

11 ‘‘(B) CRITERIA.—The Secretary shall 

12 grant designated agricultural employer status to 

13 an employer who submits a registration for 

14 such status that includes— 

15 ‘‘(i) documentation that the employer 

16 is engaged in agriculture; 

17 ‘‘(ii) the estimated number of non18 immigrant agricultural workers the em19 ployer will need each year; 

20 ‘‘(iii) the anticipated periods during 

21 which the employer will need such workers; 

22 and 

23 ‘‘(iv) documentation establishing need 

24 for a specified agricultural occupation or 

25 occupations. 


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1 ‘‘(C) DESIGNATION.— 

2 ‘‘(i) REGISTRATION NUMBER.—The 

3 Secretary shall assign each employer that 

4 meets the criteria established pursuant to 

5 subparagraph (B) with a designated agri6 cultural employer registration number. 

7 ‘‘(ii) TERM OF DESIGNATION.—Each 

8 employer granted designated agricultural 

9 employer status under this paragraph shall 

10 retain such status for a term of 3 years. 

11 At the end of such 3-year term, the em12 ployer may renew the registration for an13 other 3-year term if the employer meets 

14 the requirements set forth in subpara15 graphs (A) and (B). 

16 ‘‘(D) ASSISTANCE.—In carrying out the 

17 functions described in this subsection, the Sec18 retary may work through the Farm Service 

19 Agency, or any other agency in the Department 

20 of Agriculture— 

21 ‘‘(i) to assist agricultural employers 

22 with the registration process under this 

23 paragraph by providing such employers 

24 with— 


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1 ‘‘(I) technical assistance and ex2 pertise; 

3 ‘‘(II) internet access for submit4 ting such applications; and 

5 ‘‘(III) a nonelectronic means for 

6 submitting such registrations; and 

7 ‘‘(ii) to provide resources about the 

8 Program, including best practices and 

9 compliance related assistance and re10 sources or training to assist in retention of 

11 such workers to agricultural employers. 

12 ‘‘(E) DEPOSIT OF REGISTRATION FEE.— 

13 Fees collected pursuant to subparagraph 

14 (A)(ii)— 

15 ‘‘(i) shall be deposited into the Immi16 gration Examinations Fee Account pursu17 ant to section 286(m); and 

18 ‘‘(ii) shall remain available until ex19 pended pursuant to section 286(n). 

20 ‘‘(2) NONIMMIGRANT AGRICULTURAL WORKER

21 PETITION PROCESS.— 

22 ‘‘(A) IN GENERAL.—Not later than 45 

23 days before the date on which nonimmigrant 

24 agricultural workers are needed, a designated 

25 agricultural employer seeking to employ such 


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1 workers shall submit a petition to the Secretary 

2 of Homeland Security that includes the employ3 er’s designated agricultural employer registra4 tion number. 

5 ‘‘(B) ATTESTATION.—An petition sub6 mitted under subparagraph (A) shall include an 

7 attestation of the following: 

8 ‘‘(i) The number of named or 

9 unnamed nonimmigrant agricultural work10 ers the designated agricultural employer is 

11 seeking to employ during the applicable pe12 riod of employment. 

13 ‘‘(ii) The total number of contract ag14 ricultural workers and of at-will agricul15 tural workers the employer will require for 

16 each occupational category. 

17 ‘‘(iii) The anticipated period, includ18 ing expected beginning and ending dates, 

19 during which such employees will be need20 ed. 

21 ‘‘(iv) Evidence of contracts or written 

22 disclosures of employment terms and con23 ditions in accordance with the Migrant and 

24 Seasonal Agricultural Worker Protection 

25 Act (29 U.S.C. 1801 et seq.), which have 


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1 been disclosed or provided to the non2 immigrant agricultural workers, or a sam3 ple of such contract or disclosure for 

4 unnamed workers. 

5 ‘‘(v) The information submitted to the 

6 State workforce agency pursuant to para7 graph (3)(A)(i). 

8 ‘‘(vi) The record of United States 

9 workers described in paragraph (3)(A)(iii) 

10 on the date of the request. 

11 ‘‘(vii) Evidence of offers of employ12 ment made to United States workers as re13 quired under paragraph (3)(B). 

14 ‘‘(viii) The employer will comply with 

15 the additional program requirements for 

16 designated agricultural employers de17 scribed in paragraph (4). 

18 ‘‘(C) EMPLOYMENT AUTHORIZATION WHEN

19 CHANGING EMPLOYERS.—Nonimmigrant agri20 cultural workers in the United States who are 

21 identified in a petition submitted pursuant to 

22 subparagraph (A) and are in lawful status may 

23 commence employment with their designated 

24 agricultural employer after such employer has 


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1 submitted such petition to the Secretary of 

2 Homeland Security. 

3 ‘‘(D) REVIEW.—The Secretary of Home4 land Security shall review each petition sub5 mitted by designated agricultural employers 

6 under this paragraph for completeness or obvi7 ous inaccuracies. Unless the Secretary of 

8 Homeland Security determines that the petition 

9 is incomplete or obviously inaccurate, the Sec10 retary shall accept the petition. The Secretary 

11 shall establish a procedure for the processing of 

12 petitions filed under this subsection. Not later 

13 than 7 working days after the date of the filing, 

14 the Secretary, by electronic or other means as15 suring expedited delivery, shall submit a copy of 

16 notice of approval or denial of the petition to 

17 the petitioner and, in the case of approved peti18 tions, to the appropriate immigration officer at 

19 the port of entry or United States consulate, as 

20 appropriate, if the petitioner has indicated that 

21 the alien beneficiary or beneficiaries will apply 

22 for a visa or admission to the United States. 

23 ‘‘(3) EMPLOYMENT OF UNITED STATES WORK24 ERS.— 

25 ‘‘(A) RECRUITMENT.— 


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1 ‘‘(i) FILING A JOB OPPORTUNITY

2 WITH LOCAL OFFICE OF STATE WORK3 FORCE AGENCY.—Not later than 60 days 

4 before the date on which the employer de5 sires to employ a nonimmigrant agricul6 tural worker, the employer shall submit the 

7 job opportunity for such worker to the 

8 local office of the State workforce agency 

9 where the job site is located and authorize 

10 the posting of the job opportunity on the 

11 appropriate Department of Labor Elec12 tronic Job Registry for a period of 45 

13 days. 

14 ‘‘(ii) CONSTRUCTION.—Nothing in 

15 clause (i) may be construed to cause a 

16 posting referred to in clause (i) to be treat17 ed as an interstate job order under section 

18 653.500 of title 20, Code of Federal Regu19 lations (or similar successor regulation). 

20 ‘‘(iii) RECORD OF UNITED STATES

21 WORKERS.—An employer shall keep a 

22 record of all eligible, able, willing, and 

23 qualified United States workers who apply 

24 for agricultural employment with the em25 ployer for the agricultural employment for 


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1 which the nonimmigrant agricultural non2 immigrant workers are sought. 

3 ‘‘(B) REQUIREMENT TO HIRE.— 

4 ‘‘(i) UNITED STATES WORKERS.—An 

5 employer may not seek a nonimmigrant ag6 ricultural worker for agricultural employ7 ment unless the employer offers such em8 ployment to any equally or better qualified 

9 United States worker who will be available 

10 at the time and place of need and who ap11 plies for such employment during the 45- 

12 day recruitment period referred to in sub13 paragraph (A)(i). 

14 ‘‘(ii) EXCEPTION.—Notwithstanding 

15 clause (i), the employer may offer the job 

16 to a nonimmigrant agricultural worker in17 stead of an alien in blue card status if— 

18 ‘‘(I) such worker was previously 

19 employed by the employer as an H– 

20 2A worker; 

21 ‘‘(II) such worker worked for the 

22 employer for 3 years during the most 

23 recent 4-year period; and 


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1 ‘‘(III) the employer pays such 

2 worker the adverse effect wage rate 

3 calculated under subsection (f)(5)(B). 

4 ‘‘(4) ADDITIONAL PROGRAM REQUIREMENTS

5 FOR DESIGNATED AGRICULTURAL EMPLOYERS.— 

6 Each designated agricultural employer shall comply 

7 with the following requirements: 

8 ‘‘(A) NO DISPLACEMENT OF UNITED

9 STATES WORKERS.— 

10 ‘‘(i) IN GENERAL.—The employer 

11 shall not displace a United States worker 

12 employed by the employer, other than for 

13 good cause, during the period of employ14 ment of the nonimmigrant agricultural 

15 worker and for a period of 30 days pre16 ceding such period in the occupation and 

17 at the location of employment for which 

18 the employer seeks to employ non19 immigrant agricultural workers. 

20 ‘‘(ii) LABOR DISPUTE.—The employer 

21 shall not employ a nonimmigrant agricul22 tural worker for a specific job for which 

23 the employer is requesting a nonimmigrant 

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1 cupant of the job is on strike or being 

2 locked out in the course of a labor dispute. 

3 ‘‘(B) GUARANTEE OF EMPLOYMENT FOR

4 CONTRACT AGRICULTURAL WORKERS.— 

5 ‘‘(i) OFFER TO CONTRACT WORKER.— 

6 The employer shall guarantee to offer con7 tract agricultural workers employment for 

8 the hourly equivalent of at least 75 percent 

9 of the work days of the total period of em10 ployment, beginning with the first work 

11 day after the arrival of the worker at the 

12 place of employment and ending on the ex13 piration date specified in the job offer. In 

14 this clause, the term ‘hourly equivalent’ 

15 means the number of hours in the work 

16 days as stated in the job offer and shall ex17 clude the worker’s Sabbath and Federal 

18 holidays. If the employer affords the con19 tract agricultural worker less employment 

20 than the number of hours required under 

21 this subparagraph, the employer shall pay 

22 such worker the amount the worker would 

23 have earned had the worker worked the 

24 guaranteed number of hours. 


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1 ‘‘(ii) FAILURE TO WORK.—Any hours 

2 which the worker fails to work, up to a 

3 maximum of the number of hours specified 

4 in the job offer for a work day, when the 

5 worker has been offered an opportunity to 

6 do so, and all hours of work actually per7 formed (including voluntary work in excess 

8 of the number of hours specified in the job 

9 offer in a work day, on the worker’s Sab10 bath, or on Federal holidays) may be 

11 counted by the employer in calculating 

12 whether the period of guaranteed employ13 ment has been met. 

14 ‘‘(iii) CONTRACT IMPOSSIBILITY.—If, 

15 before the expiration of the period of em16 ployment specified in the job offer, the 

17 services of a contract agricultural worker 

18 are no longer required for reasons beyond 

19 the control of the employer due to any 

20 form of natural disaster, including a flood, 

21 hurricane, freeze, earthquake, fire, 

22 drought, plant or animal disease or pest 

23 infestation, or regulatory drought, before 

24 the guarantee in clause (i) is fulfilled, the 

25 employer— 


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1 ‘‘(I) may terminate the worker’s 

2 employment; 

3 ‘‘(II) shall fulfill the employment 

4 guarantee described in clause (i) for 

5 the work days that have elapsed from 

6 the first work day after the arrival of 

7 the worker to the termination of em8 ployment; 

9 ‘‘(III) shall make efforts to 

10 transfer the worker to other com11 parable employment acceptable to the 

12 worker; and 

13 ‘‘(IV) if such a transfer does not 

14 take place, shall provide the return 

15 transportation required under sub16 paragraph (J). 

17 ‘‘(C) WORKERS’ COMPENSATION.— 

18 ‘‘(i) REQUIREMENT TO PROVIDE.—If 

19 a job referred to in paragraph (3) is not 

20 covered by the State workers’ compensa21 tion law, the employer shall provide, at no 

22 cost to the nonimmigrant agricultural 

23 worker, insurance covering injury and dis24 ease arising out of, and in the course of, 

25 such job. 


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1 ‘‘(ii) BENEFITS.—The insurance re2 quired to be provided under clause (i) shall 

3 provide benefits at least equal to those pro4 vided under and pursuant to the State 

5 workers’ compensation law for comparable 

6 employment. 

7 ‘‘(D) PROHIBITION FOR USE FOR NON8 AGRICULTURAL SERVICES.—The employer may 

9 not employ a nonimmigrant agricultural worker 

10 for employment other than agricultural employ11 ment. 

12 ‘‘(E) WAGES.—The employer shall pay not 

13 less than the wage required under subsection 

14 (f). 

15 ‘‘(F) DEDUCTION OF WAGES.—The em16 ployer shall make only deductions from a non17 immigrant agricultural worker’s wages that are 

18 authorized by law and are reasonable and cus19 tomary in the occupation and area of employ20 ment of such worker. 

21 ‘‘(G) REQUIREMENT TO PROVIDE HOUSING

22 OR A HOUSING ALLOWANCE.— 

23 ‘‘(i) IN GENERAL.—Except as pro24 vided in clauses (iv) and (v), a designated 

25 agricultural employer shall offer to provide 


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1 a nonimmigrant agricultural worker with 

2 housing at no cost in accordance with 

3 clause (ii) or (iii). 

4 ‘‘(ii) HOUSING.—An employer may 

5 provide housing to a nonimmigrant agricul6 tural worker that meets— 

7 ‘‘(I) applicable Federal standards 

8 for temporary labor camps; or 

9 ‘‘(II) applicable local standards 

10 (or, in the absence of applicable local 

11 standards, State standards) for rental 

12 or public accommodation housing or 

13 other substantially similar class of 

14 habitation. 

15 ‘‘(iii) HOUSING PAYMENTS.— 

16 ‘‘(I) PUBLIC HOUSING.—If the 

17 employer arranges public housing for 

18 nonimmigrant agricultural workers 

19 through a State, county, or local gov20 ernment program and such public 

21 housing units normally require pay22 ments from tenants, such payments 

23 shall be made by the employer directly 

24 to the landlord. 


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1 ‘‘(II) DEPOSITS.—Deposits for 

2 bedding or other similar incidentals 

3 related to housing shall not be col4 lected from workers by employers who 

5 provide housing for such workers. 

6 ‘‘(III) DAMAGES.—The employer 

7 may require any worker who is re8 sponsible for damage to housing that 

9 did not result from normal wear and 

10 tear related to habitation to reimburse 

11 the employer for the reasonable cost 

12 of repairing such damage. 

13 ‘‘(iv) HOUSING ALLOWANCE ALTER14 NATIVE.— 

15 ‘‘(I) IN GENERAL.—The employer 

16 may provide a reasonable housing al17 lowance instead of providing housing 

18 under clause (i). Upon the request of 

19 a worker seeking assistance in locat20 ing housing, the employer shall make 

21 a good faith effort to assist the work22 er in identifying and locating housing 

23 in the area of intended employment. 

24 An employer who offers a housing al25 lowance to a worker or assists a workVerDate Mar 15 2010 19:31 Jul 09, 2013 Jkt 029200 PO 00000 Frm 00310 Fmt 6652 Sfmt 6201 E:\BILLS\S744.PAP S744

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1 er in locating housing, which the 

2 worker occupies, shall not be deemed 

3 a housing provider under section 203 

4 of the Migrant and Seasonal Agricul5 tural Worker Protection Act (29 

6 U.S.C. 1823) solely by virtue of pro7 viding such housing allowance. No 

8 housing allowance may be used for 

9 housing that is owned or controlled by 

10 the employer. 

11 ‘‘(II) CERTIFICATION REQUIRE12 MENT.—Contract agricultural workers 

13 may only be provided a housing allow14 ance if the Governor of the State in 

15 which the place of employment is lo16 cated certifies to the Secretary that 

17 there is adequate housing available in 

18 the area of intended employment for 

19 migrant farm workers and contract 

20 agricultural workers who are seeking 

21 temporary housing while employed in 

22 agricultural work. Such certification 

23 shall expire after 3 years unless re24 newed by the Governor of the State. 


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1 ‘‘(III) AMOUNT OF ALLOW2 ANCE.— 

3 ‘‘(aa) NONMETROPOLITAN

4 COUNTIES.—If the place of em5 ployment of the workers provided 

6 an allowance under this clause is 

7 a nonmetropolitan county, the 

8 amount of the housing allowance 

9 under this clause shall be equal 

10 to the average fair market rental 

11 for existing housing in nonmetro12 politan counties in the State in 

13 which the place of employment is 

14 located, as established by the 

15 Secretary of Housing and Urban 

16 Development pursuant to section 

17 8(c) of the United States Hous18 ing Act of 1937 (42 U.S.C. 

19 1437f(c)), based on a 2-bedroom 

20 dwelling unit and an assumption 

21 of 2 persons per bedroom. 

22 ‘‘(bb) METROPOLITAN

23 COUNTIES.—If the place of em24 ployment of the workers provided 

25 an allowance under this clause is 


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1 a metropolitan county, the 

2 amount of the housing allowance 

3 under this clause shall be equal 

4 to the average fair market rental 

5 for existing housing in metropoli6 tan counties in the State in 

7 which the place of employment is 

8 located, as established by the 

9 Secretary of Housing and Urban 

10 Development pursuant to section 

11 8(c) of the United States Hous12 ing Act of 1937 (42 U.S.C. 

13 1437f(c)), based on a 2-bedroom 

14 dwelling unit and an assumption 

15 of 2 persons per bedroom. 

16 ‘‘(v) EXCEPTION FOR COMMUTING

17 WORKERS.—Nothing in this subparagraph 

18 may be construed to require an employer 

19 to provide housing or a housing allowance 

20 to workers who reside outside of the 

21 United States if their place of residence is 

22 within normal commuting distance and the 

23 job site is within 50 miles of an inter24 national land border of the United States. 


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1 ‘‘(H) WORKSITE TRANSPORTATION FOR

2 CONTRACT WORKERS.—During the period a 

3 designated agricultural employer employs a con4 tract agricultural worker, such employer shall, 

5 at the employer’s option, provide or reimburse 

6 the contract agricultural worker for the cost of 

7 daily transportation from the contract worker’s 

8 living quarters to the contract agricultural 

9 worker’s place of employment. 

10 ‘‘(I) REIMBURSEMENT OF TRANSPOR11 TATION TO THE PLACE OF EMPLOYMENT.— 

12 ‘‘(i) IN GENERAL.—A nonimmigrant 

13 agricultural worker shall be reimbursed by 

14 the first employer for the cost of the work15 er’s transportation and subsistence from 

16 the place from which the worker came 

17 from to the place of first employment. 

18 ‘‘(ii) LIMITATION.—The amount of re19 imbursement provided under clause (i) to a 

20 worker shall not exceed the lesser of— 

21 ‘‘(I) the actual cost to the worker 

22 of the transportation and subsistence 

23 involved; or 

24 ‘‘(II) the most economical and 

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1 tation charges and subsistence costs 

2 for the distance involved. 

3 ‘‘(J) REIMBURSEMENT OF TRANSPOR4 TATION FROM PLACE OF EMPLOYMENT.— 

5 ‘‘(i) IN GENERAL.—A contract agri6 cultural worker who completes at least 27 

7 months under his or her contract with the 

8 same designated agricultural employer 

9 shall be reimbursed by that employer for 

10 the cost of the worker’s transportation and 

11 subsistence from the place of employment 

12 to the place from which the worker came 

13 from abroad to work for the employer. 

14 ‘‘(ii) LIMITATION.—The amount of re15 imbursement required under clause (i) 

16 shall not exceed the lesser of— 

17 ‘‘(I) the actual cost to the worker 

18 of the transportation and subsistence 

19 involved; or 

20 ‘‘(II) the most economical and 

21 reasonable common carrier transpor22 tation charges and subsistence costs 

23 for the distance involved. 

24 ‘‘(f) WAGES.— 

25 ‘‘(1) WAGE RATE REQUIREMENT.— 


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1 ‘‘(A) IN GENERAL.—A nonimmigrant agri2 cultural worker employed by a designated agri3 cultural employer shall be paid not less than the 

4 wage rate for such employment set forth in 

5 paragraph (3). 

6 ‘‘(B) WORKERS PAID ON A PIECE RATE OR

7 OTHER INCENTIVE BASIS.—If an employer pays 

8 by the piece rate or other incentive method and 

9 requires 1 or more minimum productivity 

10 standards as a condition of job retention, such 

11 standards shall be specified in the job offer and 

12 be no more than those which have been nor13 mally required (at the time of the employee’s 

14 first application for designated employer status) 

15 by other employers for the activity in the geo16 graphic area of the job, unless the Secretary 

17 approves a higher standard. 

18 ‘‘(2) JOB CATEGORIES.— 

19 ‘‘(A) IN GENERAL.—For purposes of para20 graph (1), each nonimmigrant agricultural 

21 worker employed by such employer shall be as22 signed to 1 of the following standard occupa23 tional classifications, as defined by the Bureau 

24 of Labor Statistics: 


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1 ‘‘(i) First-Line Supervisors of Farm2 ing, Fishing, and Forestry Workers (45– 

3 1011). 

4 ‘‘(ii) Animal Breeders (45–2021). 

5 ‘‘(iii) Graders and Sorters, Agricul6 tural Products (45–2041). 

7 ‘‘(iv) Agricultural equipment operator 

8 (45–2091). 

9 ‘‘(v) Farmworkers and Laborers, 

10 Crop, Nursery, and Greenhouse (45– 

11 2092). 

12 ‘‘(vi) Farmworkers, Farm, Ranch and 

13 Aquacultural Animals (45–2093). 

14 ‘‘(B) DETERMINATION OF CLASSIFICA15 TION.—A nonimmigrant agricultural worker is 

16 employed in a standard occupational classifica17 tion described in clause (i), (ii), (iii), (iv), (v), 

18 or (vi) of subparagraph (A) if the worker per19 forms activities associated with that occupa20 tional classification, as specified on the employ21 er’s petition, for at least 75 percent of the time 

22 in a semiannual employment period. 

23 ‘‘(3) DETERMINATION OF WAGE RATE.— 

24 ‘‘(A) CALENDAR YEARS 2014 THROUGH

25 2016.—The wage rate under this subparagraph 


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1 for calendar years 2014 through 2016 shall be 

2 the higher of— 

3 ‘‘(i) the applicable Federal, State, or 

4 local minimum wage; or 

5 ‘‘(ii)(I) for the category described in 

6 paragraph (2)(A)(iii)— 

7 ‘‘(aa) $9.37 for calendar year 

8 2014; 

9 ‘‘(bb) $9.60 for calendar year 

10 2015; and 

11 ‘‘(cc) $9.84 for calendar year 

12 2016; 

13 ‘‘(II) for the category described in 

14 paragraph (2)(A)(iv)— 

15 ‘‘(aa) $11.30 for calendar year 

16 2014; 

17 ‘‘(bb) $11.58 for calendar year 

18 2015; and 

19 ‘‘(cc) $11.87 for calendar year 

20 2016; 

21 ‘‘(III) for the category described in 

22 paragraph (2)(A)(v)— 

23 ‘‘(aa) $9.17 for calendar year 

24 2014; 


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1 ‘‘(bb) $9.40 for calendar year 

2 2015; and 

3 ‘‘(cc) $9.64 for calendar year 

4 2016; and 

5 ‘‘(IV) for the category described in 

6 paragraph (2)(A)(vi)— 

7 ‘‘(aa) $10.82 for calendar year 

8 2014; 

9 ‘‘(bb) $11.09 for calendar year 

10 2015; and 

11 ‘‘(cc) $11.37 for calendar year 

12 2016. 

13 ‘‘(B) SUBSEQUENT YEARS.—The Secretary 

14 shall increase the hourly wage rates set forth in 

15 clauses (i) through (iv) of subparagraph (A), 

16 for each calendar year after the calendar years 

17 described in subparagraph (A) by an amount 

18 equal to— 

19 ‘‘(i) 1.5 percent, if the percentage in20 crease in the Employment Cost Index for 

21 wages and salaries during the previous cal22 endar year, as calculated by the Bureau of 

23 Labor Statistics, is less than 1.5 percent; 

24 ‘‘(ii) the percentage increase in such 

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1 age increase is between 1.5 percent and 

2 2.5 percent, inclusive; or 

3 ‘‘(iii) 2.5 percent, if such percentage 

4 increase is greater than 2.5 percent. 

5 ‘‘(C) AGRICULTURAL SUPERVISORS AND

6 ANIMAL BREEDERS.—Not later than September 

7 1, 2015, and annually thereafter, the Secretary, 

8 in consultation with the Secretary of Labor, 

9 shall establish the required wage for the next 

10 calendar year for each of the job categories set 

11 out in clauses (i) and (ii) of paragraph (2)(A). 

12 ‘‘(D) SURVEY BY BUREAU OF LABOR STA13 TISTICS.—Not later than April 15, 2015, the 

14 Bureau of Labor Statistics shall consult with 

15 the Secretary to expand the Occupational Em16 ployment Statistics Survey to survey agricul17 tural producers and contractors and produce 

18 improved wage data by State and the job cat19 egories set out in clauses (i) through (vi) of 

20 subparagraph (A). 

21 ‘‘(4) CONSIDERATION.—In determining the 

22 wage rate under paragraph (3)(C), the Secretary 

23 may consider appropriate factors, including— 

24 ‘‘(A) whether the employment of additional 

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1 versely affect the wages and working conditions 

2 of workers in the United States similarly em3 ployed; 

4 ‘‘(B) whether the employment in the 

5 United States of an alien admitted under sec6 tion 101(a)(15)(H)(ii)(a) or unauthorized aliens 

7 in the agricultural workforce has depressed 

8 wages of United States workers engaged in ag9 ricultural employment below the levels that 

10 would otherwise have prevailed if such aliens 

11 had not been employed in the United States; 

12 ‘‘(C) whether wages of agricultural workers 

13 are sufficient to support such workers and their 

14 families at a level above the poverty thresholds 

15 determined by the Bureau of Census; 

16 ‘‘(D) the wages paid workers in the United 

17 States who are not employed in agricultural em18 ployment but who are employed in comparable 

19 employment; 

20 ‘‘(E) the continued exclusion of employers 

21 of nonimmigrant alien workers in agriculture 

22 from the payment of taxes under chapter 21 of 

23 the Internal Revenue Code of 1986 (26 U.S.C. 

24 3101 et seq.) and chapter 23 of such Code (26 

25 U.S.C. 3301 et seq.); 


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1 ‘‘(F) the impact of farm labor costs in the 

2 United States on the movement of agricultural 

3 production to foreign countries; 

4 ‘‘(G) a comparison of the expenses and 

5 cost structure of foreign agricultural producers 

6 to the expenses incurred by agricultural pro7 ducers based in the United States; and 

8 ‘‘(H) the accuracy and reliability of the 

9 Occupational Employment Statistics Survey. 

10 ‘‘(5) ADVERSE EFFECT WAGE RATE.— 

11 ‘‘(A) PROHIBITION OF MODIFICATION.— 

12 The adverse effect wage rates in effect on April 

13 15, 2013, for nonimmigrants admitted under 

14 101(a)(15)(H)(ii)(a)— 

15 ‘‘(i) shall remain in effect until the 

16 date described in section 2233 of the Agri17 cultural Worker Program Act of 2013; and 

18 ‘‘(ii) may not be modified except as 

19 provided in subparagraph (B). 

20 ‘‘(B) EXCEPTION.—Until the Secretary es21 tablishes the wage rates required under para22 graph (3)(C), the adverse effect wage rates in 

23 effect on the date of the enactment of the Agri24 cultural Worker Program Act of 2013 shall 

25 be— 


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1 ‘‘(i) deemed to be such wage rates; 

2 and 

3 ‘‘(ii) after September 1, 2015, ad4 justed annually in accordance with para5 graph (3)(B). 

6 ‘‘(C) NONPAYMENT OF FICA AND FUTA

7 TAXES.—An employer employing nonimmigrant 

8 agricultural workers shall not be required to 

9 pay and withhold from such workers— 

10 ‘‘(i) the tax required under section 

11 3101 of the Internal Revenue Code of 

12 1986; or 

13 ‘‘(ii) the tax required under section 

14 3301 of the Internal Revenue Code of 

15 1986. 

16 ‘‘(6) PREFERENTIAL TREATMENT OF ALIENS

17 PROHIBITED.— 

18 ‘‘(A) IN GENERAL.—Except as provided in 

19 subparagraph (B), employers seeking to hire 

20 United States workers shall offer the United 

21 States workers not less than the same benefits, 

22 wages, and working conditions that the em23 ployer is offering, intends to offer, or will pro24 vide to nonimmigrant agricultural workers. No 

25 job offer may impose on United States workers 


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1 any restrictions or obligations that will not be 

2 imposed on the employer’s nonimmigrant agri3 cultural workers. 

4 ‘‘(B) EXCEPTION.—Notwithstanding sub5 paragraph (A), a designated agricultural em6 ployer is not required to provide housing or a 

7 housing allowance to United States workers. 

8 ‘‘(g) WORKER PROTECTIONS AND DISPUTE RESOLU9 TION.— 

10 ‘‘(1) EQUALITY OF TREATMENT.—Non11 immigrant agricultural workers shall not be denied 

12 any right or remedy under any Federal, State, or 

13 local labor or employment law applicable to United 

14 States workers engaged in agricultural employment. 

15 ‘‘(2) APPLICABILITY OF THE MIGRANT AND

16 SEASONAL AGRICULTURAL WORKER PROTECTION

17 ACT.— 

18 ‘‘(A) MIGRANT AND SEASONAL AGRICUL19 TURAL WORKER PROTECTION ACT.—Non20 immigrant agricultural workers shall be consid21 ered migrant agricultural workers for purposes 

22 of the Migrant and Seasonal Agricultural Work23 er Protection Act (29 U.S.C. 1801 et seq.). 

24 ‘‘(B) ELIGIBILITY OF NONIMMIGRANT AG25 RICULTURAL WORKERS FOR CERTAIN LEGAL


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1 ASSISTANCE.—A nonimmigrant agricultural 

2 worker shall be considered to be lawfully admit3 ted for permanent residence for purposes of es4 tablishing eligibility for legal services under the 

5 Legal Services Corporation Act (42 U.S.C. 

6 2996 et seq.) on matters relating to wages, 

7 housing, transportation, and other employment 

8 rights. 

9 ‘‘(C) MEDIATION.— 

10 ‘‘(i) FREE MEDIATION SERVICES.— 

11 The Federal Mediation and Conciliation 

12 Service shall be available to assist in re13 solving disputes arising under this section 

14 between nonimmigrant agricultural work15 ers and designated agricultural employers 

16 without charge to the parties. 

17 ‘‘(ii) COMPLAINT.—If a nonimmigrant 

18 agricultural worker files a complaint under 

19 section 504 of the Migrant and Seasonal 

20 Agricultural Worker Protection Act (29 

21 U.S.C. 1854), not later than 60 days after 

22 the filing of proof of service of the com23 plaint, a party to the action may file a re24 quest with the Federal Mediation and Con25 ciliation Service to assist the parties in 


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1 reaching a satisfactory resolution of all 

2 issues involving all parties to the dispute. 

3 ‘‘(iii) NOTICE.—Upon filing a request 

4 under clause (ii) and giving of notice to the 

5 parties, the parties shall attempt mediation 

6 within the period specified in clause (iv). 

7 ‘‘(iv) 90-DAY LIMIT.—The Federal 

8 Mediation and Conciliation Service may 

9 conduct mediation or other nonbinding dis10 pute resolution activities for a period not 

11 to exceed 90 days beginning on the date on 

12 which the Federal Mediation and Concilia13 tion Service receives a request for assist14 ance under clause (ii) unless the parties 

15 agree to an extension of such period. 

16 ‘‘(v) AUTHORIZATION OF APPROPRIA17 TIONS.— 

18 ‘‘(I) IN GENERAL.—Subject to 

19 clause (II), there are authorized to be 

20 appropriated to the Federal Mediation 

21 and Conciliation Service $500,000 for 

22 each fiscal year to carry out this sub23 paragraph. 

24 ‘‘(II) MEDIATION.—Notwith25 standing any other provision of law, 


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1 the Director of the Federal Mediation 

2 and Conciliation Service is author3 ized— 

4 ‘‘(aa) to conduct the medi5 ation or other dispute resolution 

6 activities from any other account 

7 containing amounts available to 

8 the Director; and 

9 ‘‘(bb) to reimburse such ac10 count with amounts appropriated 

11 pursuant to subclause (I). 

12 ‘‘(vi) PRIVATE MEDIATION.—If all 

13 parties agree, a private mediator may be 

14 employed as an alternative to the Federal 

15 Mediation and Conciliation Service. 

16 ‘‘(3) OTHER RIGHTS.—Nonimmigrant agricul17 tural workers shall be entitled to the rights granted 

18 to other classes of aliens under sections 242(h) and 

19 245E. 

20 ‘‘(4) WAIVER OF RIGHTS.—Agreements by non21 immigrant agricultural workers to waive or modify 

22 any rights or protections under this section shall be 

23 considered void or contrary to public policy except as 

24 provided in a collective bargaining agreement with a 

25 bona fide labor organization. 


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1 ‘‘(h) ENFORCEMENT AUTHORITY.— 

2 ‘‘(1) INVESTIGATION OF COMPLAINTS.— 

3 ‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY

4 COMPLAINTS.— 

5 ‘‘(i) PROCESS.—The Secretary of 

6 Labor shall establish a process for the re7 ceipt, investigation, and disposition of com8 plaints respecting a designated agricultural 

9 employer’s failure to meet a condition spec10 ified in subsection (e), or an employer’s 

11 misrepresentation of material facts in a pe12 tition under subsection (e)(2). 

13 ‘‘(ii) FILING.—Any aggrieved person 

14 or organization, including bargaining rep15 resentatives, may file a complaint referred 

16 to in clause (i) not later than 1 year after 

17 the date of the failure or misrepresenta18 tion, respectively. 

19 ‘‘(iii) INVESTIGATION OR HEARING.— 

20 The Secretary of Labor shall conduct an 

21 investigation if there is reasonable cause to 

22 believe that such failure or misrepresenta23 tion has occurred. 

24 ‘‘(B) DETERMINATION ON COMPLAINT.— 

25 Under such process, the Secretary of Labor 


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1 shall provide, not later than 30 days after the 

2 date on which such a complaint is filed, for a 

3 determination as to whether or not a reasonable 

4 basis exists to make a finding described in sub5 paragraph (C), (D), (E), or (F). If the Sec6 retary of Labor determines that such a reason7 able basis exists, the Secretary of Labor shall 

8 provide for notice of such determination to the 

9 interested parties and an opportunity for a 

10 hearing on the complaint, in accordance with 

11 section 556 of title 5, United States Code, with12 in 60 days after the date of the determination. 

13 If such a hearing is requested, the Secretary of 

14 Labor shall make a finding concerning the mat15 ter not later than 60 days after the date of the 

16 hearing. In the case of similar complaints re17 specting the same applicant, the Secretary of 

18 Labor may consolidate the hearings under this 

19 subparagraph on such complaints. 

20 ‘‘(C) FAILURE TO MEET CONDITIONS.—If 

21 the Secretary of Labor finds, after notice and 

22 opportunity for a hearing, a failure to meet a 

23 condition under subsection (e) or (f), or a mate24 rial misrepresentation of fact in a petition 

25 under subsection (e)(2)— 


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1 ‘‘(i) the Secretary of Labor shall no2 tify the Secretary of such finding and may, 

3 in addition, impose such other administra4 tive remedies (including civil money pen5 alties in an amount not to exceed $1,000 

6 per violation) as the Secretary of Labor 

7 determines to be appropriate; and 

8 ‘‘(ii) the Secretary may disqualify the 

9 designated agricultural employer from the 

10 employment of nonimmigrant agricultural 

11 workers for a period of 1 year. 

12 ‘‘(D) WILLFUL FAILURES AND WILLFUL

13 MISREPRESENTATIONS.—If the Secretary of 

14 Labor finds, after notice and opportunity for 

15 hearing, a willful failure to meet a condition 

16 under subsection (e) or (f) or a willful misrepre17 sentation of a material fact in an registration 

18 or petition under paragraph (1) or (2) of sub19 section (e)— 

20 ‘‘(i) the Secretary of Labor shall no21 tify the Secretary of such finding and may, 

22 in addition, impose such other administra23 tive remedies (including civil money pen24 alties in an amount not to exceed $5,000 


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1 per violation) as the Secretary of Labor 

2 determines to be appropriate; 

3 ‘‘(ii) the Secretary of Labor may seek 

4 appropriate legal or equitable relief; and 

5 ‘‘(iii) the Secretary may disqualify the 

6 designated agricultural employer from the 

7 employment of nonimmigrant agricultural 

8 workers for a period of 2 years. 

9 ‘‘(E) DISPLACEMENT OF UNITED STATES

10 WORKERS.—If the Secretary of Labor finds, 

11 after notice and opportunity for hearing, a will12 ful failure to meet a condition under subsection 

13 (e) or (f) or a willful misrepresentation of a ma14 terial fact in an registration or petition under 

15 paragraph (1) or (2) of subsection (e), in the 

16 course of which failure or misrepresentation the 

17 employer displaced a United States worker em18 ployed by the employer during the period of em19 ployment on the employer’s petition under sub20 section (e)(2) or during the period of 30 days 

21 preceding such period of employment— 

22 ‘‘(i) the Secretary of Labor shall no23 tify the Secretary of such finding and may, 

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1 alties in an amount not to exceed $15,000 

2 per violation) as the Secretary of Labor 

3 determines to be appropriate; and 

4 ‘‘(ii) the Secretary may disqualify the 

5 employer from the employment of non6 immigrant agricultural workers for a pe7 riod of 3 years. 

8 ‘‘(F) FAILURES TO PAY WAGES OR RE9 QUIRED BENEFITS.—If the Secretary of Labor 

10 finds, after notice and opportunity for a hear11 ing, that the employer has failed to pay the 

12 wages, or provide the housing allowance, trans13 portation, subsistence reimbursement, or guar14 antee of employment required under subsections 

15 (e)(4) and (f), the Secretary of Labor shall as16 sess payment of back wages, or other required 

17 benefits, due any United States worker or non18 immigrant agricultural worker employed by the 

19 employer in the specific employment in ques20 tion. The back wages or other required benefits 

21 required under subsections (e) and (f) shall be 

22 equal to the difference between the amount that 

23 should have been paid and the amount that ac24 tually was paid to such worker. 


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1 ‘‘(G) DISPOSITION OF PENALTIES.—Civil 

2 penalties collected under this paragraph shall be 

3 deposited into the Comprehensive Immigration 

4 Reform Trust Fund established under section 

5 6(a)(1) of the Border Security, Economic Op6 portunity, and Immigration Modernization Act. 

7 ‘‘(2) LIMITATIONS ON CIVIL MONEY PEN8 ALTIES.—The Secretary of Labor shall not impose 

9 total civil money penalties with respect to a petition 

10 under subsection (e)(2) in excess of $90,000. 

11 ‘‘(3) ELECTION.—A nonimmigrant agricultural 

12 worker who has filed an administrative complaint 

13 with the Secretary of Labor may not maintain a civil 

14 action unless a complaint based on the same viola15 tion filed with the Secretary of Labor under para16 graph (1) is withdrawn before the filing of such ac17 tion, in which case the rights and remedies available 

18 under this subsection shall be exclusive. 

19 ‘‘(4) PRECLUSIVE EFFECT.—Any settlement by 

20 a nonimmigrant agricultural worker, a designated 

21 agricultural employer, or any person reached 

22 through the mediation process required under sub23 section (g)(2)(C) shall preclude any right of action 

24 arising out of the same facts between the parties in 

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1 ceeding, unless specifically provided otherwise in the 

2 settlement agreement. 

3 ‘‘(5) SETTLEMENTS.—Any settlement by the 

4 Secretary of Labor with a designated agricultural 

5 worker on behalf of a nonimmigrant agricultural 

6 worker of a complaint filed with the Secretary of 

7 Labor under this section or any finding by the Sec8 retary of Labor under this subsection shall preclude 

9 any right of action arising out of the same facts be10 tween the parties under any Federal or State court 

11 or administrative proceeding, unless specifically pro12 vided otherwise in the settlement agreement. 

13 ‘‘(6) STATUTORY CONSTRUCTION.—Nothing in 

14 this subsection may be construed as limiting the au15 thority of the Secretary of Labor to conduct any 

16 compliance investigation under any other labor law, 

17 including any law affecting migrant and seasonal ag18 ricultural workers, or, in the absence of a complaint 

19 under this section. 

20 ‘‘(7) DISCRIMINATION PROHIBITED.—It is a 

21 violation of this subsection for any person who has 

22 filed a petition under subsection (e) or (f) to intimi23 date, threaten, restrain, coerce, blacklist, discharge, 

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1 ployee, including a former employee or an applicant 

2 for employment, because the employee— 

3 ‘‘(A) has disclosed information to the em4 ployer, or to any other person, that the em5 ployee reasonably believes evidences a violation 

6 of subsection (e) or (f), or any rule or regula7 tion relating to subsection (e) or (f); or 

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

9 investigation or other proceeding concerning the 

10 employer’s compliance with the requirements 

11 under subsection (e) or (f) or any rule or regu12 lation pertaining to subsection (e) or (f). 

13 ‘‘(8) ROLE OF ASSOCIATIONS.— 

14 ‘‘(A) VIOLATION BY A MEMBER OF AN AS15 SOCIATION.— 

16 ‘‘(i) IN GENERAL.—If an association 

17 acting as the agent of an employer files an 

18 application on behalf of such employer, the 

19 employer is fully responsible for such appli20 cation, and for complying with the terms 

21 and conditions of subsection (e). If such an 

22 employer is determined to have violated 

23 any requirement described in this sub24 section, the penalty for such violation shall 


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1 apply only to that employer except as pro2 vided in clause (ii). 

3 ‘‘(ii) COLLECTIVE RESPONSIBILITY.— 

4 If the Secretary of Labor determines that 

5 the association or other members of the as6 sociation participated in, had knowledge of, 

7 or reason to know of a violation described 

8 in clause (i), the penalty shall also be in9 voked against the association and complicit 

10 association members. 

11 ‘‘(B) VIOLATIONS BY AN ASSOCIATION

12 ACTING AS AN EMPLOYER.— 

13 ‘‘(i) IN GENERAL.—If an association 

14 filing an application as a sole or joint em15 ployer is determined to have violated any 

16 requirement described in this section, the 

17 penalty for such violation shall apply only 

18 to the association except as provided in 

19 clause (ii). 

20 ‘‘(ii) MEMBER RESPONSIBILITY.—If 

21 the Secretary of Labor determines that 1 

22 or more association members participated 

23 in, had knowledge of, or reason to know of 

24 the violation described in clause (i), the 


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1 penalty shall be invoked against all 

2 complicit association members. 

3 ‘‘(i) SPECIAL NONIMMIGRANT VISA PROCESSING AND

4 WAGE DETERMINATION PROCEDURES FOR CERTAIN AG5 RICULTURAL OCCUPATIONS.— 

6 ‘‘(1) FINDING.—Certain industries possess 

7 unique occupational characteristics that necessitate 

8 the Secretary of Agriculture to adopt special proce9 dures relating to housing, pay, and visa program ap10 plication requirements for those industries. 

11 ‘‘(2) SPECIAL PROCEDURES INDUSTRY DE12 FINED.—In this subsection, the term ‘Special Proce13 dures Industry’ means— 

14 ‘‘(A) sheepherding and goat herding; 

15 ‘‘(B) itinerant commercial beekeeping and 

16 pollination; 

17 ‘‘(C) open range production of livestock; 

18 ‘‘(D) itinerant animal shearing; and 

19 ‘‘(E) custom combining industries. 

20 ‘‘(3) WORK LOCATIONS.—The Secretary shall 

21 allow designated agricultural employers in a Special 

22 Procedures Industry that do not operate in a single 

23 fixed-site location to provide, as part of its registra24 tion or petition under the Program, a list of antici25 pated work locations, which— 


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1 ‘‘(A) may include an anticipated itinerary; 

2 and 

3 ‘‘(B) may be subsequently amended by the 

4 employer, after notice to the Secretary. 

5 ‘‘(4) WAGE RATES.—The Secretary may estab6 lish monthly, weekly, or biweekly wage rates for oc7 cupations in a Special Procedures Industry for a 

8 State or other geographic area. For an employer in 

9 those Special Procedures Industries that typically 

10 pay a monthly wage, the Secretary shall require that 

11 workers will be paid not less frequently than month12 ly and at a rate no less than the legally required 

13 monthly cash wage for such employer as of the date 

14 of the enactment of the Border Security, Economic 

15 Opportunity, and Immigration Modernization Act 

16 and in an amount as re-determined annually by the 

17 Secretary of Agriculture through rulemaking. 

18 ‘‘(5) HOUSING.—The Secretary shall allow for 

19 the provision of housing or a housing allowance by 

20 employers in Special Procedures Industries and 

21 allow housing suitable for workers employed in re22 mote locations. 

23 ‘‘(6) ALLERGY LIMITATION.—An employer en24 gaged in the commercial beekeeping or pollination 

25 services industry may require that an applicant be 


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1 free from bee pollen, venom, or other bee-related al2 lergies. 

3 ‘‘(7) APPLICATION.—An individual employer in 

4 a Special Procedures Industry may file a program 

5 petition on its own behalf or in conjunction with an 

6 association of employers. The employer’s petition 

7 may be part of several related petitions submitted si8 multaneously that constitute a master petition. 

9 ‘‘(8) RULEMAKING.—The Secretary or, as ap10 propriate, the Secretary of Homeland Security or 

11 the Secretary of Labor, after consultation with em12 ployers and employee representatives, shall publish 

13 for notice and comment proposed regulations relat14 ing to housing, pay, and application procedures for 

15 Special Procedures Industries. 

16 ‘‘(j) MISCELLANEOUS PROVISIONS.— 

17 ‘‘(1) DISQUALIFICATION OF NONIMMIGRANT AG18 RICULTURAL WORKERS FROM FINANCIAL ASSIST19 ANCE.—An alien admitted as a nonimmigrant agri20 cultural worker is not eligible for any program of fi21 nancial assistance under Federal law (whether 

22 through grant, loan, guarantee, or otherwise) on the 

23 basis of financial need, as such programs are identi24 fied by the Secretary in consultation with other 

25 agencies of the United States. 


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1 ‘‘(2) MONITORING REQUIREMENT.— 

2 ‘‘(A) IN GENERAL.—The Secretary shall 

3 monitor the movement of nonimmigrant agricul4 tural workers through— 

5 ‘‘(i) the Employment Verification Sys6 tem described in section 274A(b); and 

7 ‘‘(ii) the electronic monitoring system 

8 established pursuant to subparagraph (B). 

9 ‘‘(B) ELECTRONIC MONITORING SYSTEM.— 

10 Not later than 2 years after the effective date 

11 of this section, the Secretary of Homeland Se12 curity, through the Director of U.S. Citizenship 

13 and Immigration Services, shall establish an 

14 electronic monitoring system, which shall— 

15 ‘‘(i) be modeled on the Student and 

16 Exchange Visitor Information System 

17 (SEVIS) and the SEVIS II tracking sys18 tem administered by U.S. Immigration and 

19 Customs Enforcement; 

20 ‘‘(ii) monitor the presence and em21 ployment of nonimmigrant agricultural 

22 workers; and 

23 ‘‘(iii) assist in ensuring the compli24 ance of designated agricultural employers 


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1 and nonimmigrant agricultural workers 

2 with the requirements of the Program.’’. 

3 (b) RULEMAKING.—The Secretary of Agriculture 

4 shall issue regulations to carry out section 218A of the 

5 Immigration and Nationality Act, as added by subsection 

6 (a), not later than 1 year after the date of the enactment 

7 of this Act. 

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

9 is amended by inserting after the item relating to section 

10 218 the following: 

‘‘Sec. 218A. Nonimmigrant agricultural worker program.’’. 

11 (d) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect on October 1, 2014. 

13 SEC. 2233. TRANSITION OF H–2A WORKER PROGRAM. 

14 (a) SUNSET OF PROGRAM.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), an employer may not petition to employ 

17 an alien pursuant to section 101(a)(15)(H)(ii)(a) of 

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

19 1101(a)(15)(H)(ii)(a)) after the date that is 1 year 

20 after the date on which the regulations issued pursu21 ant to section 2241(b) become effective. 

22 (2) EXCEPTION.—An employer may employ an 

23 alien described in paragraph (1) for the shorter of— 

24 (A) 10 months; or 

25 (B) the time specified in the position. 


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1 (b) CONFORMING AMENDMENTS.— 

2 (1) REPEAL OF H–2A NONIMMIGRANT CAT3 EGORY.—Section 101(a)(15)(H)(ii) (8 U.S.C. 

4 1101(a)(15)(H)(ii)) is amended by striking sub5 clause (a). 

6 (2) REPEAL OF ADMISSION REQUIREMENTS FOR

7 H–2A WORKER.—Section 218 (8 U.S.C. 1188) is re8 pealed. 

9 (3) CONFORMING AMENDMENTS.— 

10 (A) AMENDMENT OF PETITION REQUIRE11 MENTS.—Section 214(c)(1) (8 U.S.C. 

12 1184(c)(1)) is amended by striking ‘‘For pur13 poses of this subsection’’ and all that follows. 

14 (B) CLERICAL AMENDMENT.—The table of 

15 contents is amended by striking the item relat16 ing to section 218. 

17 (4) EFFECTIVE DATE.—The amendments made 

18 by this subsection shall take effect on the date that 

19 is 1 year after the effective date of the regulations 

20 issued pursuant to section 2241(b). 

21 SEC. 2234. REPORTS TO CONGRESS ON NONIMMIGRANT AG22 RICULTURAL WORKERS. 

23 (a) ANNUAL REPORT BY SECRETARY OF AGRI24 CULTURE.—Not later than September 30 of each year, the 

25 Secretary of Agriculture shall submit a report to Congress 


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1 that identifies, for the previous year, the number, 

2 disaggregated by State and by occupation, of— 

3 (1) job opportunities approved for employment 

4 of aliens admitted pursuant to clause (iii) or clause 

5 (iv) of section 101(a)(15)(W) of the Immigration 

6 and Nationality Act, as added by section 2231; and 

7 (2) aliens actually admitted pursuant to each 

8 such clause. 

9 (b) ANNUAL REPORT BY SECRETARY OF HOMELAND

10 SECURITY.—Not later than September 30 of each year, 

11 the Secretary shall submit a report to Congress that iden12 tifies, for the previous year, the number of aliens described 

13 in subsection (a)(2) who— 

14 (1) violated the terms of the nonimmigrant ag15 ricultural worker program established under section 

16 218A(b) of the Immigration and Nationality Act, as 

17 added by section 2232; and 

18 (2) have not departed from the United States. 

19 CHAPTER 3—OTHER PROVISIONS 

20 SEC. 2241. RULEMAKING. 

21 (a) CONSULTATION REQUIREMENT.—In the course of 

22 promulgating any regulation necessary to implement this 

23 subtitle, or the amendments made by this subtitle, the Sec24 retary, the Secretary of Agriculture, the Secretary of 


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1 Labor, and the Secretary of State shall regularly consult 

2 with each other. 

3 (b) DEADLINE FOR ISSUANCE OF REGULATIONS.— 

4 Except as provided in section 2232(b), all regulations to 

5 implement this subtitle and the amendments made by this 

6 subtitle shall be issued not later than 6 months after the 

7 date of the enactment of this Act. 

8 SEC. 2242. REPORTS TO CONGRESS. 

9 Not later than 180 days after the date of the enact10 ment of this Act, the Secretary and the Secretary of Agri11 culture shall jointly submit a report to Congress that de12 scribes the measures being taken and the progress made 

13 in implementing this subtitle and the amendments made 

14 by this subtitle. 

15 SEC. 2243. BENEFITS INTEGRITY PROGRAMS. 

16 (a) IN GENERAL.—Without regard to whether per17 sonal interviews are conducted in the adjudication of bene18 fits provided for by section 210A, 218A, 245B, 245C, 

19 245D, 245E, or 245F of the Immigration and Nationality 

20 Act, or in seeking a benefit under section 101(a)(15)(U) 

21 of the Immigration and Nationality Act, section 1242 of 

22 the Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 

23 note), section 602(b) of the Afghan Allies Protection Act 

24 of 2009 (8 U.S.C. 1101 note), or section 2211 of this Act, 

25 the Secretary shall uphold and maintain the integrity of 


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1 those benefits by carrying out for each of them, within 

2 the Fraud Detection and National Security Directorate of 

3 U.S. Citizenship and Immigration Services, programs as 

4 follows: 

5 (1) A benefit fraud assessment program to 

6 quantify fraud rates, detect ongoing fraud trends, 

7 and develop appropriate countermeasures, including 

8 through a random sample of both pending and com9 pleted cases. 

10 (2) A compliance review program, including site 

11 visits, to identify frauds and deter fraudulent and il12 legal activities. 

13 (b) REPORTS.— 

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

15 the date of the enactment of this Act, U.S. Citizen16 ship and Immigration Services shall annually submit 

17 to Congress a report on the programs carried out 

18 pursuant to subsection (a). 

19 (2) ELEMENTS IN FIRST REPORT.—The initial 

20 report submitted under paragraph (1) shall include 

21 the methodologies to be used by the Fraud Detection 

22 and National Security Directorate for each of the 

23 programs specified in paragraphs (1) and (2) of sub24 section (a). 


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1 (3) ELEMENTS IN SUBSEQUENT REPORTS.— 

2 Each subsequent report under paragraph (1) shall 

3 include, for the calendar year covered by such re4 port, a descriptions of examples of fraud detected, 

5 fraud rates for programs and types of applicants, 

6 and a description of the disposition of the cases in 

7 which fraud was detected or suspected. 

8 (c) USE OF FINDINGS OF FRAUD.—Any instance of 

9 fraud or abuse detected pursuant to a program carried 

10 out pursuant to subsection (a) may be used to deny or 

11 revoke benefits, and may also be referred to U.S. Immi12 gration and Customs Enforcement for investigation of 

13 criminal violations of section 266 of the Immigration and 

14 Nationality Act (8 U.S.C. 1306). 

15 (d) FUNDING.—There are authorized to be appro16 priated, from the Comprehensive Immigration Reform 

17 Trust Fund established under section 6(a)(1), such sums 

18 as may be necessary to carry out this section. 

19 SEC. 2244. EFFECTIVE DATE. 

20 This subtitle and the amendments made by this sub21 title, except for sections 2231, 2232, and 2233, shall take 

22 effect on the date on which the regulations required under 

23 section 2241 are issued, regardless of whether such regu24 lations are issued on an interim basis or on any other 

25 basis. 


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1 Subtitle C—Future Immigration 

2 SEC. 2301. MERIT-BASED POINTS TRACK ONE. 

3 (a) IN GENERAL.— 

4 (1) WORLDWIDE LEVEL OF MERIT-BASED IMMI5 GRANTS.—Section 201(e) (8 U.S.C. 1151(e)) is 

6 amended to read as follows: 

7 ‘‘(e) WORLDWIDE LEVEL OF MERIT-BASED IMMI8 GRANTS.— 

9 ‘‘(1) IN GENERAL.— 

10 ‘‘(A) NUMERICAL LIMITATION.—Subject to 

11 paragraphs (2), (3), and (4), the worldwide 

12 level of merit-based immigrants is equal to 

13 120,000 for each fiscal year. 

14 ‘‘(B) STATUS.—An alien admitted on the 

15 basis of a merit-based immigrant visa under 

16 this section shall have the status of an alien 

17 lawfully admitted for permanent residence. 

18 ‘‘(2) ANNUAL INCREASE.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B) and paragraph (3), if in any fiscal 

21 year the worldwide level of visas available for 

22 merit-based immigrants under this section— 

23 ‘‘(i) is less than 75 percent of the 

24 number of applicants for such fiscal year, 


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1 the worldwide level shall increase by 5 per2 cent for the next fiscal year; and 

3 ‘‘(ii) is equal to or more than 75 per4 cent of such number, the worldwide level 

5 for the next fiscal year shall be the same 

6 as the worldwide level for such fiscal year, 

7 minus any amount added to the worldwide 

8 level for such fiscal year under paragraph 

9 (4). 

10 ‘‘(B) LIMITATION ON INCREASE.—The 

11 worldwide level of visas available for merit12 based immigrants shall not exceed 250,000. 

13 ‘‘(3) EMPLOYMENT CONSIDERATION.—The 

14 worldwide level of visas available for merit-based im15 migrants may not be increased for a fiscal year 

16 under paragraph (2) if the annual average unem17 ployment rate for the civilian labor force 18 years or 

18 over in the United States, as determined by the Bu19 reau of Labor Statistics, for such previous fiscal 

year is more than 81 20 ⁄2 percent. 

21 ‘‘(4) RECAPTURE OF UNUSED VISAS.—The 

22 worldwide level of merit-based immigrants described 

23 in paragraph (1) for a fiscal year shall be increased 

24 by the difference (if any) between the worldwide 

25 level established under paragraph (1) for the preVerDate Mar 15 2010 19:31 Jul 09, 2013 Jkt 029200 PO 00000 Frm 00348 Fmt 6652 Sfmt 6201 E:\BILLS\S744.PAP S744

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1 vious fiscal year and the number of visas actually 

2 issued under this subsection during that fiscal year. 

3 Such visas shall be allocated for the following year 

4 pursuant to section 203(c)(3).’’. 

5 (2) MERIT-BASED IMMIGRANTS.—Section 203 

6 (8 U.S.C. 1153) is amended by inserting after sub7 section (b) the following: 

8 ‘‘(c) MERIT-BASED IMMIGRANTS.— 

9 ‘‘(1) FISCAL YEARS 2015 THROUGH 2017.—Dur10 ing each of the fiscal years 2015 through 2017, the 

11 worldwide level of merit-based immigrant visas made 

12 available under section 201(e)(1) shall be available 

13 for aliens described in section 203(b)(3) and in addi14 tion to any visas available for such aliens under such 

15 section. 

16 ‘‘(2) SUBSEQUENT FISCAL YEARS.—During fis17 cal year 2018 and each subsequent fiscal year, aliens 

18 subject to the worldwide level specified in section 

19 201(e) for merit-based immigrants shall be allocated 

20 as follows: 

21 ‘‘(A) 50 percent shall be available to appli22 cants with the highest number of points allo23 cated under tier 1 in paragraph (4). 


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1 ‘‘(B) 50 percent shall be available to appli2 cants with the highest number of points allo3 cated under tier 2 in paragraph (5). 

4 ‘‘(3) UNUSED VISAS.—If the total number of 

5 visas allocated to tier 1 or tier 2 for a fiscal year 

6 are not granted during that fiscal year, such number 

7 may be added to the number of visas available under 

8 section 201(e)(1) for the following fiscal year and al9 located as follows: 

10 ‘‘(A) If the unused visas were allocated for 

tier 1 in a fiscal year, 2 11 ⁄3 of such visas shall be 

12 available for aliens allocated visas under tier 1 

in the following fiscal year and 1 13 ⁄3 of such visas 

14 shall be available for aliens allocated visas 

15 under either tier 1 or tier 2 in the following fis16 cal year. 

17 ‘‘(B) If the unused visas were allocated for 

tier 2 in a fiscal year, 2 18 ⁄3 of such visas shall be 

19 available for aliens allocated visas under tier 2 

in the following fiscal year and 1 20 ⁄3 of such visas 

21 shall be available for aliens allocated visas 

22 under either tier 1 or tier 2 in the following fis23 cal year. 


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1 ‘‘(4) TIER 1.—The Secretary shall allocate 

2 points to each alien seeking to be a tier 1 merit3 based immigrant as follows: 

4 ‘‘(A) EDUCATION.— 

5 ‘‘(i) IN GENERAL.—An alien may re6 ceive points under only 1 of the following 

7 categories: 

8 ‘‘(I) An alien who has received a 

9 doctorate degree from an institution 

10 of higher education in the United 

11 States or the foreign equivalent shall 

12 be allocated 15 points. 

13 ‘‘(II) An alien who has received a 

14 master’s degree from an institution of 

15 higher education in the United States 

16 or the foreign equivalent shall be allo17 cated 10 points. 

18 ‘‘(ii) An alien who has received a 

19 bachelor’s degree from an institution of 

20 higher education (as defined in section 

21 101(a) of the Higher Education Act of 

22 1965 (20 U.S.C. 1001(a))) shall be allo23 cated 5 points. 


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1 ‘‘(B) EMPLOYMENT EXPERIENCE.—An 

2 alien shall be allocated not more than 20 points 

3 as follows: 

4 ‘‘(i) 3 points for each year the alien 

5 has been lawfully employed in a zone 5 oc6 cupation in the United States. 

7 ‘‘(ii) 2 points for each year the alien 

8 has been lawfully employed in a zone 4 oc9 cupation in the United States. 

10 ‘‘(C) EMPLOYMENT RELATED TO EDU11 CATION.—An alien who is in the United States 

12 and is employed full-time or has an offer of full13 time employment in a field related to the alien’s 

14 education— 

15 ‘‘(i) in a zone 5 occupation shall be al16 located 10 points; or 

17 ‘‘(ii) in a zone 4 occupation shall be 

18 allocated 8 points. 

19 ‘‘(D) ENTREPRENEURSHIP.—An alien who 

20 is an entrepreneur in business that employs at 

21 least 2 employees in a zone 4 occupation or a 

22 zone 5 occupation shall be allocated 10 points. 

23 ‘‘(E) HIGH DEMAND OCCUPATION.—An 

24 alien who is employed full-time in the United 

25 States or has an offer of full-time employment 


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1 in a high demand tier 1 occupation shall be al2 located 10 points. 

3 ‘‘(F) CIVIC INVOLVEMENT.—An alien who 

4 has attested that he or she has engaged in a 

5 significant amount of community service, as de6 termined by the Secretary, shall be allocated 2 

7 points. 

8 ‘‘(G) ENGLISH LANGUAGE.—An alien who 

9 received a score of 80 or more on the Test of 

10 English as a Foreign Language, or an equiva11 lent score on a similar test, as determined by 

12 the Secretary, shall be allocated 10 points. 

13 ‘‘(H) SIBLINGS AND MARRIED SONS AND

14 DAUGHTERS OF CITIZENS.—An alien who is the 

15 sibling of a citizen of the United States or who 

16 is over 31 years of age and is the married son 

17 or married daughter of a citizen of the United 

18 States shall be allocated 10 points. 

19 ‘‘(I) AGE.—An alien who is— 

20 ‘‘(i) between 18 and 24 years of age 

21 shall be allocated 8 points; 

22 ‘‘(ii) between 25 and 32 years of age 

23 shall be allocated 6 points; or 

24 ‘‘(iii) between 33 and 37 years of age 

25 shall be allocated 4 points. 


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1 ‘‘(J) COUNTRY OF ORIGIN.—An alien who 

2 is a national of a country of which fewer than 

3 50,000 nationals were lawfully admitted to per4 manent residence in the United States in the 

5 previous 5 years shall be allocated 5 points. 

6 ‘‘(5) TIER 2.—The Secretary shall allocate 

7 points to each alien seeking to be a tier 2 merit8 based immigrant as follows: 

9 ‘‘(A) EMPLOYMENT EXPERIENCE.—An 

10 alien shall be allocated 2 points for each year 

11 the alien has been lawfully employed in the 

12 United States, for a total of not more than 20 

13 points. 

14 ‘‘(B) SPECIAL EMPLOYMENT CRITERIA.— 

15 An alien who is employed full-time in the 

16 United States, or has an offer of full-time em17 ployment— 

18 ‘‘(i) in a high demand tier 2 occupa19 tion shall be allocated 10 points; or 

20 ‘‘(ii) in a zone 1, zone 2, or zone 3 oc21 cupation shall be allocated 10 points. 

22 ‘‘(C) CAREGIVER.—An alien who is or has 

23 been a primary caregiver shall be allocated 10 

24 points. 


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1 ‘‘(D) EXCEPTIONAL EMPLOYMENT

2 RECORD.—An alien who has a record of excep3 tional employment, as determined by the Sec4 retary, shall be allocated 10 points. In deter5 mining a record of exceptional employment, the 

6 Secretary shall consider factors including pro7 motions, longevity, changes in occupations from 

8 a lower job zone to a higher job zone, partici9 pated in safety training, and increases in pay. 

10 ‘‘(E) CIVIC INVOLVEMENT.—An alien who 

11 has demonstrated significant civic involvement 

12 shall be allocated 2 points. 

13 ‘‘(F) ENGLISH LANGUAGE.— 

14 ‘‘(i) ENGLISH PROFICIENCY.—An 

15 alien who has demonstrated English pro16 ficiency, as determined by a standardized 

17 test designated by the Secretary of Edu18 cation, shall be allocated 10 points. 

19 ‘‘(ii) ENGLISH KNOWLEDGE.—An 

20 alien who has demonstrated English knowl21 edge, as determined by a standardized test 

22 designated by the Secretary of Education, 

23 shall be allocated 5 points. 

24 ‘‘(G) SIBLINGS AND MARRIED SONS AND

25 DAUGHTERS OF CITIZENS.—An alien who is the 


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1 sibling of a citizen of the United States or is 

2 over the age of 31 and is the married son or 

3 married daughter of a citizen of the United 

4 States shall be allocated 10 points. 

5 ‘‘(H) AGE.—An alien who is— 

6 ‘‘(i) between 18 and 24 years of age 

7 shall be allocated 8 points; 

8 ‘‘(ii) between 25 and 32 years of age 

9 shall be allocated 6 points; or 

10 ‘‘(iii) between 33 and 37 years of age 

11 shall be allocated 4 points. 

12 ‘‘(I) COUNTRY OF ORIGIN.—An alien who 

13 is a national of a country of which fewer than 

14 50,000 nationals were lawfully admitted to per15 manent residence in the United States in the 

16 previous 5 years shall be allocated 5 points. 

17 ‘‘(6) APPLICATION PROCEDURES.— 

18 ‘‘(A) SUBMISSION.—During the 30-day pe19 riod beginning on the first October 1 occurring 

20 at least 3 years after the date of the enactment 

21 of the Border Security, Economic Opportunity, 

22 and Immigration Modernization Act, and dur23 ing each 30-day period beginning on October 1 

24 in subsequent years, eligible aliens may submit, 

25 to U.S. Citizenship and Immigration Services, 


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1 an application for a merit-based immigrant visa 

2 that contains such information as the Secretary 

3 may reasonably require. 

4 ‘‘(B) ADJUDICATION.—Before the last day 

5 of each fiscal year in which applications are 

6 filed pursuant to subparagraph (A), the Direc7 tor, U.S. Citizenship and Immigration Services, 

8 shall— 

9 ‘‘(i) review the applications to deter10 mine which aliens will be granted a merit11 based immigrant visa in the following fiscal 

12 year in accordance with this subsection; 

13 and 

14 ‘‘(ii) in coordination with the Sec15 retary of State, provide such visas to all 

16 successful applicants. 

17 ‘‘(C) FEE.—An alien who is allocated a 

18 visa under this subsection shall pay a fee of 

19 $1,500 in addition to any fee assessed to cover 

20 the costs to process an application under this 

21 subsection. Fees collected under this paragraph 

22 shall be deposited by the Secretary into the 

23 Comprehensive Immigration Reform Trust 

24 Fund established under section 6(a)(1) of the 


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1 Border Security, Economic Opportunity, and 

2 Immigration Modernization Act. 

3 ‘‘(7) ELIGIBILITY OF ALIENS IN REGISTERED

4 PROVISIONAL IMMIGRANT STATUS.—An alien who 

5 was granted registered provisional immigrant status 

6 under section 245B is not eligible to receive a merit7 based immigrant visa under section 201(e). 

8 ‘‘(8) INELIGIBILITY OF ALIENS WITH PENDING

9 OR APPROVED PETITIONS.—An alien who has a peti10 tion pending or approved in another immigrant cat11 egory under this section or section 201 may not 

12 apply for a merit-based immigrant visa. 

13 ‘‘(9) DEFINITIONS.—In this subsection: 

14 ‘‘(A) HIGH DEMAND TIER 1 OCCUPA15 TION.—The term ‘high demand tier 1 occupa16 tion’ means 1 of the 5 occupations for which 

17 the highest number of nonimmigrants described 

18 in section 101(a)(15)(H)(i) were sought to be 

19 admitted by employers during the previous fis20 cal year. 

21 ‘‘(B) HIGH DEMAND TIER 2 OCCUPA22 TION.—The term ‘high demand tier 2 occupa23 tion’ means 1 of the 5 occupations for which 

24 the highest number of positions were sought to 


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1 become registered positions by employers under 

2 section 220(e) during the previous fiscal year. 

3 ‘‘(C) SECRETARY.—The term ‘Secretary’ 

4 means the Secretary of Homeland Security. 

5 ‘‘(D) ZONE 1 OCCUPATION.—The term 

6 ‘zone 1 occupation’ means an occupation that 

7 requires little or no preparation and is classified 

8 as a zone 1 occupation on— 

9 ‘‘(i) the Occupational Information 

10 Network Database (O*NET) on the date 

11 of the enactment of the Border Security, 

12 Economic Opportunity, and Immigration 

13 Modernization Act; or 

14 ‘‘(ii) such Database or a similar suc15 cessor database, as designated by the Sec16 retary of Labor, after such date of enact17 ment. 

18 ‘‘(E) ZONE 2 OCCUPATION.—The term 

19 ‘zone 2 occupation’ means an occupation that 

20 requires some preparation and is classified as a 

21 zone 2 occupation on— 

22 ‘‘(i) the Occupational Information 

23 Network Database (O*NET) on the date 

24 of the enactment of the Border Security, 


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1 Economic Opportunity, and Immigration 

2 Modernization Act; or 

3 ‘‘(ii) such Database or a similar suc4 cessor database, as designated by the Sec5 retary of Labor, after such date of enact6 ment. 

7 ‘‘(F) ZONE 3 OCCUPATION.—The term 

8 ‘zone 3 occupation’ means an occupation that 

9 requires medium preparation and is classified 

10 as a zone 3 occupation on— 

11 ‘‘(i) the Occupational Information 

12 Network Database (O*NET) on the date 

13 of the enactment of the Border Security, 

14 Economic Opportunity, and Immigration 

15 Modernization Act; or 

16 ‘‘(ii) such Database or a similar suc17 cessor database, as designated by the Sec18 retary of Labor, after such date of enact19 ment. 

20 ‘‘(G) ZONE 4 OCCUPATION.—The term 

21 ‘zone 4 occupation’ means an occupation that 

22 requires considerable preparation and is classi23 fied as a zone 4 occupation on— 

24 ‘‘(i) the Occupational Information 

25 Network Database (O*NET) on the date 


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1 of the enactment of theBorder Security, 

2 Economic Opportunity, and Immigration 

3 Modernization Act; or 

4 ‘‘(ii) such Database or a similar suc5 cessor database, as designated by the Sec6 retary of Labor, after such date of enact7 ment. 

8 ‘‘(H) ZONE 5 OCCUPATION.—The term 

9 ‘zone 5 occupation’ means an occupation that 

10 requires extensive preparation and is classified 

11 as a zone 5 occupation on— 

12 ‘‘(i) the Occupational Information 

13 Network Database (O*NET) on the date 

14 of the enactment of the Border Security, 

15 Economic Opportunity, and Immigration 

16 Modernization Act; or 

17 ‘‘(ii) such Database or a similar suc18 cessor database, as designated by the Sec19 retary of Labor, after such date of enact20 ment.’’. 

21 (3) GAO STUDY AND REPORT.— 

22 (A) STUDY.—The Comptroller General of 

23 the United States shall conduct a study of the 

24 merit-based immigration system established 

25 under section 203(c) of the Immigration and 


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1 Nationality Act, as amended by paragraph (2), 

2 to determine, during the first 7 years of such 

3 system— 

4 (i) how the points described in para5 graphs (4)(H), (4)(J), (5)(G), and (5)(I) 

6 of section 203(c) of such Act were utilized; 

7 (ii) how many of the points allocated 

8 to people lawfully admitted for permanent 

9 residence were allocated under such para10 graphs; 

11 (iii) how many people who were allo12 cated points under such paragraphs were 

13 not lawfully admitted to permanent resi14 dence; 

15 (iv) the countries of origin of the peo16 ple who applied for a merit-based visa 

17 under section 203(c) of such Act; 

18 (v) the number of such visas issued 

19 under tier 1 and tier 2 to males and fe20 males, respectively; 

21 (vi) the age of individuals who were 

22 issued such visas; and 

23 (vii) the educational attainment and 

24 occupation of people who were issued such 

25 visas. 


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1 (B) REPORT.—Not later than 7 years after 

2 the date of the enactment of this Act, the 

3 Comptroller General shall submit a report to 

4 Congress that describes the results of the study 

5 conducted pursuant to subparagraph (A). 

6 (b) MODIFICATION OF POINTS.—The Secretary may 

7 submit to Congress a proposal to modify the number of 

8 points allocated under subsection (c) of section 203 of the 

9 Immigration and Nationality Act (8 U.S.C. 1153), as 

10 amended by subsection (a). 

11 (c) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect on October 1, 2014. 

13 SEC. 2302. MERIT-BASED TRACK TWO. 

14 (a) IN GENERAL.—In addition to any immigrant visa 

15 made available under the Immigration and Nationality Act 

16 (8 U.S.C. 1101 et seq.), as amended by this Act, the Sec17 retary of State shall allocate merit-based immigrant visas 

18 as described in this section. 

19 (b) STATUS.—An alien admitted on the basis of a 

20 merit-based immigrant visa under this section shall have 

21 the status of an alien lawfully admitted for permanent res22 idence (as that term is defined in section 101(a)(20) of 

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

24 1101(a)(20))). 


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1 (c) ELIGIBILITY.—Beginning on October 1, 2014, the 

2 following aliens shall be eligible for merit-based immigrant 

3 visas under this section: 

4 (1) EMPLOYMENT-BASED IMMIGRANTS.—An 

5 alien who is the beneficiary of a petition filed before 

6 the date of the enactment of this Act to accord sta7 tus under section 203(b) of the Immigration and 

8 Nationality Act, if the visa has not been issued with9 in 5 years after the date on which such petition was 

10 filed. 

11 (2) FAMILY-SPONSORED IMMIGRANTS.—Subject 

12 to subsection (d), an alien who is the beneficiary of 

13 a petition filed to accord status under section 203(a) 

14 of the Immigration and Nationality Act— 

15 (A) prior to the date of the enactment of 

16 this Act, if the visa was not issued within 5 

17 years after the date on which such petition was 

18 filed; or 

19 (B) after such date of enactment, to ac20 cord status under paragraph (3) or (4) of sec21 tion 203(a) of the Immigration and Nationality 

22 Act (8 U.S.C. 1153(a)), as in effect the minute 

23 before the effective date specified in section 

24 2307(a)(3) of this Act, and the visa was not 


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1 issued within 5 years after the date on which 

2 petition was filed. 

3 (3) LONG-TERM ALIEN WORKERS AND OTHER

4 MERIT-BASED IMMIGRANTS.—An alien who— 

5 (A) is not admitted pursuant to subpara6 graph (W) of section 101(a)(15) of the Immi7 gration and Nationality Act (8 U.S.C. 

8 1101(a)(15)); and 

9 (B) has been lawfully present in the 

10 United States in a status that allows for em11 ployment authorization for a continuous period, 

12 not counting brief, casual, and innocent ab13 sences, of not less than 10 years. 

14 (d) ALLOCATION OF EMPLOYMENT-SPONSORED

15 MERIT-BASED IMMIGRANT VISAS.—In each of the fiscal 

16 years 2015 through and including 2021, the Secretary of 

17 State shall allocate to aliens described in subsection (c)(1) 

a number of merit-based immigrant visas equal to 1 18 ⁄7 of 

19 the number of aliens described in subsection (c)(1) whose 

20 visas had not been issued as of the date of the enactment 

21 of this Act. 

22 (e) ALLOCATION OF FAMILY-SPONSORED MERIT23 BASED IMMIGRANT VISAS.—The visas authorized by sub24 section (c)(2) shall be allocated as follows: 


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1 (1) SPOUSES AND CHILDREN OF PERMANENT

2 RESIDENTS.—Petitions to accord status under sec3 tion 203(a)(2)(A) of the Immigration and Nation4 ality Act (8 U.S.C. 1153(a)(2)(A)), as in effect the 

5 minute before the effective date specified in section 

6 2307(a)(3) of this Act, are automatically converted 

7 to petitions to accord status to the same bene8 ficiaries as immediate relatives under section 

9 201(b)(2)(A) of the Immigration and Nationality 

10 Act (8 U.S.C. 1151(b)(2)(A)). 

11 (2) OTHER FAMILY MEMBERS.—In each of the 

12 fiscal years 2015 through and including 2021, the 

13 Secretary of State shall allocate to the aliens de14 scribed in subsection (c)(2)(A), other than those 

15 aliens described in paragraph (1), a number of transitional merit-based immigrant visas equal to 1 16 ⁄7 of 

17 the difference between— 

18 (A) the number of aliens described in sub19 section (c)(2)(A) whose visas had not been 

20 issued as of the date of the enactment of this 

21 Act; and 

22 (B) the number of aliens described in 

23 paragraph (1). 

24 (3) ORDER OF ISSUANCE FOR PREVIOUSLY

25 FILED APPLICATIONS.—Subject to paragraphs (1) 


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1 and (2), the visas authorized by subsection (c)(2)(A) 

2 shall be issued without regard to a per country limi3 tation in the order described in section 203(a) of the 

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

5 1153(a)), as amended by section 2305(b), in the 

6 order in which the petitions to accord status under 

7 such section 203(a) were filed prior to the date of 

8 the enactment of this Act. 

9 (4) SUBSEQUENTLY FILED APPLICATIONS.—In 

10 fiscal year 2022, the Secretary of State shall allocate 

11 to the aliens described in subsection (c)(2)(B), the 

number of merit-based immigrant visas equal to 1 12 ⁄2

13 of the number of aliens described in subsection 

14 (c)(2)(B) whose visas had not been issued by Octo15 ber 1, 2021. In fiscal year 2023, the Secretary of 

16 State shall allocate to the aliens described in sub17 section (c)(2)(B), the number of merit-based immi18 grant visas equal to the number of aliens described 

19 in subsection (c)(2)(B) whose visas had not been 

20 issued by October 1, 2022. 

21 (5) ORDER OF ISSUANCE FOR SUBSEQUENTLY

22 FILED APPLICATIONS.—Subject to paragraph (4), 

23 the visas authorized by subsection (c)(2)(B) shall be 

24 issued in the order in which the petitions to accord 

25 status under section 203(a) of the Immigration and 


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1 Nationality Act were filed, as in effect the minute 

2 before the effective date specified in section 

3 2307(a)(3) of this Act. 

4 (f) APPLICABILITY OF CERTAIN GROUNDS OF INAD5 MISSIBILITY.—In determining an alien’s inadmissibility 

6 under this section, section 212(a)(9)(B) of the Immigra7 tion and Nationality Act (8 U.S.C. 1182(a)(9)(B)) shall 

8 not apply. 

9 (g) ELIGIBILITY IN YEARS AFTER 2028.—Beginning 

10 in fiscal year 2029, aliens eligible for adjustment of status 

11 under subsection (c)(3) must be lawfully present in an em12 ployment authorized status for 20 years prior to filing an 

13 application for adjustment of status. 

14 SEC. 2303. REPEAL OF THE DIVERSITY VISA PROGRAM. 

15 (a) IN GENERAL.—Title II (8 U.S.C. 1151 et seq.) 

16 is amended— 

17 (1) in section 201(a) (8 U.S.C. 1151(a))— 

18 (A) in paragraph (1), by adding ‘‘and’’ at 

19 the end; 

20 (B) in paragraph (2), by striking ‘‘; and’’ 

21 at the end and inserting a period; and 

22 (C) by striking paragraph (3); 

23 (2) in section 203 (8 U.S.C. 1153)— 

24 (A) by striking subsection (c); 

25 (B) in subsection (e)— 


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1 (i) by striking paragraph (2); and 

2 (ii) by redesignating paragraph (3) as 

3 paragraph (2); 

4 (C) in subsection (f), by striking ‘‘(a), (b), 

5 or (c) of this section’’ and inserting ‘‘(a) or 

6 (b)’’; and 

7 (D) in subsection (g), by striking ‘‘(a), (b), 

8 and (c)’’ and inserting ‘‘(a) and (b)’’; and 

9 (3) in section 204 (8 U.S.C. 1154)— 

10 (A) in subsection (a), as amended by sec11 tion 2305(d)(6)(A)(i), by striking paragraph 

12 (8); and 

13 (B) in subsection (e), by striking ‘‘(a), (b), 

14 or (c)’’ and inserting ‘‘(a) or (b)’’. 

15 (b) EFFECTIVE DATE AND APPLICATION.— 

16 (1) EFFECTIVE DATE.—The amendments made 

17 by this section shall take effect on October 1, 2014. 

18 (2) APPLICATION.—An alien who receives a no19 tification from the Secretary that the alien was se20 lected to receive a diversity immigrant visa under 

21 section 203(c) of the Immigration and Nationality 

22 Act (8 U.S.C. 1153(c)) for fiscal year 2013 or fiscal 

23 year 2014 shall remain eligible to receive such visa 

24 under the rules of such section, as in effect on Sep25 tember 30, 2014. No alien may be allocated such a 


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1 diversity immigrant visa for a fiscal year after fiscal 

2 year 2015. 

3 SEC. 2304. WORLDWIDE LEVELS AND RECAPTURE OF UN4 USED IMMIGRANT VISAS. 

5 (a) EMPLOYMENT-BASED IMMIGRANTS.—Section 

6 201(d) (8 U.S.C. 1151(d)) is amended to read as follows: 

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

8 IMMIGRANTS.— 

9 ‘‘(1) IN GENERAL.— 

10 ‘‘(A) WORLDWIDE LEVEL.—For a fiscal 

11 year after fiscal year 2015, the worldwide level 

12 of employment-based immigrants under this 

13 subsection is equal to the sum of— 

14 ‘‘(i) 140,000; and 

15 ‘‘(ii) the number computed under 

16 paragraph (2). 

17 ‘‘(B) FISCAL YEAR 2015.—For fiscal year 

18 2015, the worldwide level of employment-based 

19 immigrants under this subsection is equal to 

20 the sum of— 

21 ‘‘(i) 140,000; 

22 ‘‘(ii) the number computed under 

23 paragraph (2); and 

24 ‘‘(iii) the number computed under 

25 paragraph (3). 


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1 ‘‘(2) PREVIOUS FISCAL YEAR.—The number 

2 computed under this paragraph for a fiscal year is 

3 the difference, if any, between the maximum number 

4 of visas which may be issued under section 203(a) 

5 (relating to family-sponsored immigrants) during the 

6 previous fiscal year and the number of visas issued 

7 under that section during that year. 

8 ‘‘(3) UNUSED VISAS.—The number computed 

9 under this paragraph is the difference, if any, be10 tween— 

11 ‘‘(A) the sum of the worldwide levels estab12 lished under paragraph (1), as in effect on the 

13 day before the date of the enactment of the 

14 Border Security, Economic Opportunity, and 

15 Immigration Modernization Act, for fiscal years 

16 1992 through and including 2013; and 

17 ‘‘(B) the number of visas actually issued 

18 under section 203(b) during such fiscal years.’’. 

19 (b) FAMILY-SPONSORED IMMIGRANTS.—Section 

20 201(c) (8 U.S.C. 1151(c)) is amended to read as follows: 

21 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM22 MIGRANTS.— 

23 ‘‘(1) IN GENERAL.— 

24 ‘‘(A) WORLDWIDE LEVEL.—Subject to 

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1 cal year 2015, the worldwide level of family2 sponsored immigrants under this subsection for 

3 a fiscal year is equal to the sum of— 

4 ‘‘(i) 480,000 minus the number com5 puted under paragraph (2); and 

6 ‘‘(ii) the number computed under 

7 paragraph (3). 

8 ‘‘(B) FISCAL YEAR 2015.—Subject to sub9 paragraph (C), for fiscal year 2015, the world10 wide level of family-sponsored immigrants 

11 under this subsection is equal to the sum of— 

12 ‘‘(i) 480,000 minus the number com13 puted under paragraph (2); 

14 ‘‘(ii) the number computed under 

15 paragraph (3); and 

16 ‘‘(iii) the number computed under 

17 paragraph (4). 

18 ‘‘(C) LIMITATION.—The number computed 

19 under subparagraph (A)(i) or (B)(i) may not be 

20 less than 226,000, except that beginning on the 

21 date that is 18 months after the date of the en22 actment of the Border Security, Economic Op23 portunity, and Immigration Modernization Act, 

24 the number computed under subparagraph 

25 (A)(i) or (B)(i) may not be less than 161,000. 


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1 ‘‘(2) IMMEDIATE RELATIVES.—The number 

2 computed under this paragraph for a fiscal year is 

3 the number of aliens described in subparagraph (A) 

4 or (B) of subsection (b)(2) who were issued immi5 grant visas, or who otherwise acquired the status of 

6 an alien lawfully admitted to the United States for 

7 permanent residence, in the previous fiscal year. 

8 ‘‘(3) PREVIOUS FISCAL YEAR.—The number 

9 computed under this paragraph for a fiscal year is 

10 the difference, if any, between the maximum number 

11 of visas which may be issued under section 203(b) 

12 (relating to employment-based immigrants) during 

13 the previous fiscal year and the number of visas 

14 issued under that section during that year. 

15 ‘‘(4) UNUSED VISAS.—The number computed 

16 under this paragraph is the difference, if any, be17 tween— 

18 ‘‘(A) the sum of the worldwide levels estab19 lished under paragraph (1) for fiscal years 

20 1992 through and including 2013; and 

21 ‘‘(B) the number of visas actually issued 

22 under section 203(a) during such fiscal years.’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect on the first day of the first 


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1 fiscal year beginning after the date of the enactment of 

2 this Act. 

3 SEC. 2305. RECLASSIFICATION OF SPOUSES AND MINOR 

4 CHILDREN OF LAWFUL PERMANENT RESI5 DENTS AS IMMEDIATE RELATIVES. 

6 (a) IMMEDIATE RELATIVES.—Section 201(b)(2) (8 

7 U.S.C. 1151(b)(2)) is amended to read as follows: 

8 ‘‘(2)(A) Aliens who are immediate relatives. 

9 ‘‘(B) In this paragraph, the term ‘immediate 

10 relative’ means— 

11 ‘‘(i) a child, spouse, or parent of a citizen 

12 of the United States, except that in the case of 

13 such a parent such citizen shall be at least 21 

14 years of age; 

15 ‘‘(ii) a child or spouse of an alien lawfully 

16 admitted for permanent residence; 

17 ‘‘(iii) a child or spouse of an alien de18 scribed in clause (i), who is accompanying or 

19 following to join the alien; 

20 ‘‘(iv) a child or spouse of an alien de21 scribed in clause (ii), who is accompanying or 

22 following to join the alien; 

23 ‘‘(v) an alien admitted under section 

24 211(a) on the basis of a prior issuance of a visa 


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1 to the alien’s accompanying parent who is an 

2 immediate relative; and 

3 ‘‘(vi) an alien born to an alien lawfully ad4 mitted for permanent residence during a tem5 porary visit abroad. 

6 ‘‘(C) If an alien who was the spouse or child of 

7 a citizen of the United States or of an alien lawfully 

8 admitted for permanent residence and was not le9 gally separated from the citizen or lawful permanent 

10 resident at the time of the citizen’s or lawful perma11 nent resident’s death files a petition under section 

12 204(a)(1)(B), the alien spouse (and each child of the 

13 alien) shall remain, for purposes of this paragraph, 

14 an immediate relative during the period beginning 

15 on the date of the citizen’s or permanent resident’s 

16 death and ending on the date on which the alien 

17 spouse remarries. 

18 ‘‘(D) An alien who has filed a petition under 

19 clause (iii) or (iv) of section 204(a)(1)(A) shall re20 main, for purposes of this paragraph, an immediate 

21 relative if the United States citizen or lawful perma22 nent resident spouse or parent loses United States 

23 citizenship on account of the abuse.’’. 

24 (b) ALLOCATION OF IMMIGRANT VISAS.—Section 

25 203(a) (8 U.S.C. 1153(a)) is amended— 


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1 (1) in paragraph (1), by striking ‘‘23,400,’’ and 

2 inserting ‘‘20 percent of the worldwide level of fam3 ily-sponsored immigrants under section 201(c)’’; 

4 (2) by striking paragraph (2) and inserting the 

5 following: 

6 ‘‘(2) UNMARRIED SONS AND UNMARRIED

7 DAUGHTERS OF PERMANENT RESIDENT ALIENS.— 

8 Qualified immigrants who are the unmarried sons or 

9 unmarried daughters (but are not the children) of 

10 an alien lawfully admitted for permanent residence 

11 shall be allocated visas in a number not to exceed 20 

12 percent of the worldwide level of family-sponsored 

13 immigrants under section 201(c), plus any visas not 

14 required for the class specified in paragraph (1).’’; 

15 (3) in paragraph (3)— 

16 (A) by striking ‘‘23,400,’’ and inserting 

17 ‘‘20 percent of the worldwide level of family18 sponsored immigrants under section 201(c)’’; 

19 and 

20 (B) by striking ‘‘classes specified in para21 graphs (1) and (2).’’ and inserting ‘‘class speci22 fied in paragraph (2).’’; and 

23 (4) in paragraph (4)— 

24 (A) by striking ‘‘65,000,’’ and inserting 

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1 sponsored immigrants under section 201(c)’’; 

2 and 

3 (B) by striking ‘‘classes specified in para4 graphs (1) through (3).’’ and inserting ‘‘class 

5 specified in paragraph (3).’’. 

6 (c) TERMINATION OF REGISTRATION.—Section 

7 203(g) (8 U.S.C. 1153(g)) is amended to read as follows: 

8 ‘‘(g) LISTS.— 

9 ‘‘(1) IN GENERAL.—For purposes of carrying 

10 out the orderly administration of this title, the Sec11 retary of State may make reasonable estimates of 

12 the anticipated numbers of immigrant visas to be 

13 issued during any quarter of any fiscal year within 

14 each of the categories under subsections (a), (b), 

15 and (c) and may rely upon such estimates in author16 izing the issuance of visas. 

17 ‘‘(2) TERMINATION OF REGISTRATION.— 

18 ‘‘(A) INFORMATION DISSEMINATION.—Not 

19 later than 180 days after the date of the enact20 ment of the Border Security, Economic Oppor21 tunity, and Immigration Modernization Act, the 

22 Secretary of Homeland Security and the Sec23 retary of State shall adopt a plan to broadly 

24 disseminate information to the public regarding 

25 termination of registration procedures described 


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1 in subparagraphs (B) and (C), including proce2 dures for notifying the Department of Home3 land Security and the Department of State of 

4 any change of address on the part of a peti5 tioner or a beneficiary of an immigrant visa pe6 tition. 

7 ‘‘(B) TERMINATION FOR FAILURE TO AD8 JUST.—The Secretary of Homeland Security 

9 shall terminate the registration of any alien who 

10 has evidenced an intention to acquire lawful 

11 permanent residence under section 245 and who 

12 fails to apply to adjust status within 1 year fol13 lowing notification to the alien of the avail14 ability of an immigrant visa. 

15 ‘‘(C) TERMINATION FOR FAILURE TO

16 APPLY.—The Secretary of State shall terminate 

17 the registration of any alien not described in 

18 subparagraph (B) who fails to apply for an im19 migrant visa within 1 year following notification 

20 to the alien of the availability of such visa. 

21 ‘‘(3) REINSTATEMENT.—The registration of 

22 any alien that was terminated under paragraph (2) 

23 shall be reinstated if, within 2 years following the 

24 date of notification of the availability of such visa, 


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1 the alien demonstrates that such failure to apply 

2 was due to good cause.’’. 

3 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

4 (1) DEFINITIONS.—Section 101(a)(15)(K)(ii) 

5 (8 U.S.C. 1101(a)(15)(K)(ii)) is amended by strik6 ing ‘‘section 201(b)(2)(A)(i)’’ and inserting ‘‘section 

7 201(b)(2) (other than clause (v) or (vi) of subpara8 graph (B))’’. 

9 (2) PER COUNTRY LEVEL.—Section 

10 202(a)(1)(A) (8 U.S.C. 1152(a)(1)(A)) is amended 

11 by striking ‘‘section 201(b)(2)(A)(i)’’ and inserting 

12 ‘‘section 201(b)(2) (other than clause (v) or (vi) of 

13 subparagraph (B))’’. 

14 (3) RULES FOR DETERMINING WHETHER CER15 TAIN ALIENS ARE IMMEDIATE RELATIVES.—Section 

16 201(f) (8 U.S.C. 1151(f)) is amended— 

17 (A) in paragraph (1), by striking ‘‘para18 graphs (2) and (3),’’ and inserting ‘‘paragraph 

19 (2),’’; 

20 (B) by striking paragraph (2); 

21 (C) by redesignating paragraphs (3) and 

22 (4) as paragraphs (2) and (3), respectively; and 

23 (D) in paragraph (3), as redesignated by 

24 subparagraph (C), by striking ‘‘through (3)’’ 

25 and inserting ‘‘and (2)’’. 


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1 (4) NUMERICAL LIMITATION TO ANY SINGLE

2 FOREIGN STATE.—Section 202(a)(4) (8 U.S.C. 

3 1152(a)(4)) is amended— 

4 (A) by striking subparagraphs (A) and 

5 (B); 

6 (B) by redesignating subparagraphs (C) 

7 and (D) as subparagraphs (A) and (B), respec8 tively; and 

9 (C) in subparagraph (A), as redesignated 

10 by clause (ii), by striking ‘‘section 

11 203(a)(2)(B)’’ and inserting ‘‘section 

12 203(a)(2)’’. 

13 (5) ALLOCATION OF IMMIGRANT VISAS.—Sec14 tion 203(h) (8 U.S.C. 1153(h)) is amended— 

15 (A) in paragraph (1)— 

16 (i) in the matter preceding subpara17 graph (A), by striking ‘‘subsections 

18 (a)(2)(A) and (d)’’ and inserting ‘‘sub19 section (d)’’; 

20 (ii) in subparagraph (A), by striking 

21 ‘‘becomes available for such alien (or, in 

22 the case of subsection (d), the date on 

23 which an immigrant visa number became 

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1 serting ‘‘became available for the alien’s 

2 parent,’’; and 

3 (iii) in subparagraph (B), by striking 

4 ‘‘applicable’’; 

5 (B) by amending paragraph (2) to read as 

6 follows: 

7 ‘‘(2) PETITIONS DESCRIBED.—The petition de8 scribed in this paragraph is a petition filed under 

9 section 204 for classification of the alien’s parent 

10 under subsection (a), (b), or (c).’’; and 

11 (C) by amending paragraph (3) to read as 

12 follows: 

13 ‘‘(3) RETENTION OF PRIORITY DATE.— 

14 ‘‘(A) PETITIONS FILED FOR CHILDREN.— 

15 For a petition originally filed to classify a child 

16 under subsection (d), if the age of the alien is 

17 determined under paragraph (1) to be 21 years 

18 of age or older on the date that a visa number 

19 becomes available to the alien’s parent who was 

20 the principal beneficiary of the petition, then, 

21 upon the parent’s admission to lawful perma22 nent residence in the United States, the petition 

23 shall automatically be converted to a petition 

24 filed by the parent for classification of the alien 

25 under subsection (a)(2) and the petition shall 


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1 retain the priority date established by the origi2 nal petition. 

3 ‘‘(B) FAMILY AND EMPLOYMENT-BASED

4 PETITIONS.—The priority date for any family5 or employment-based petition shall be the date 

6 of filing of the petition with the Secretary of 

7 Homeland Security (or the Secretary of State, 

8 if applicable), unless the filing of the petition 

9 was preceded by the filing of a labor certifi10 cation with the Secretary of Labor, in which 

11 case that date shall constitute the priority date. 

12 The beneficiary of any petition shall retain his 

13 or her earliest priority date based on any peti14 tion filed on his or her behalf that was approv15 able when filed, regardless of the category of 

16 subsequent petitions.’’. 

17 (6) PROCEDURE FOR GRANTING IMMIGRANT

18 STATUS.— 

19 (A) PETITIONING PROCEDURE.—Section 

20 204 (8 U.S.C. 1154) is amended— 

21 (i) by striking subsection (a) and in22 serting the following: 

23 ‘‘(a) PETITIONING PROCEDURE.— 

24 ‘‘(1) IN GENERAL.—(A) Except as provided in 

25 subparagraph (H), any citizen of the United States 


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1 or alien lawfully admitted for permanent residence 

2 claiming that an alien is entitled to classification by 

3 reason of a relationship described in subparagraph 

4 (A) or (B) of section 203(a)(1) or to an immediate 

5 relative status under section 201(b)(2)(A) may file a 

6 petition with the Secretary of Homeland Security for 

7 such classification. 

8 ‘‘(B) An alien spouse or alien child described in 

9 section 201(b)(2)(C) may file a petition with the 

10 Secretary under this paragraph for classification of 

11 the alien (and the alien’s children) under such sec12 tion. 

13 ‘‘(C)(i) An alien who is described in clause (ii) 

14 may file a petition with the Secretary under this 

15 subparagraph for classification of the alien (and any 

16 child of the alien) if the alien demonstrates to the 

17 Secretary that— 

18 ‘‘(I) the marriage or the intent to marry 

19 the citizen of the United States or lawful per20 manent resident was entered into in good faith 

21 by the alien; and 

22 ‘‘(II) during the marriage or relationship 

23 intended by the alien to be legally a marriage, 

24 the alien or a child of the alien has been bat25 tered or has been the subject of extreme cruelty 


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1 perpetrated by the alien’s spouse or intended 

2 spouse. 

3 ‘‘(ii) For purposes of clause (i), an alien de4 scribed in this clause is an alien— 

5 ‘‘(I)(aa) who is the spouse of a citizen of 

6 the United States or lawful permanent resident; 

7 ‘‘(bb) who believed that he or she had mar8 ried a citizen of the United States or lawful 

9 permanent resident and with whom a marriage 

10 ceremony was actually performed and who oth11 erwise meets any applicable requirements under 

12 this Act to establish the existence of and bona 

13 fides of a marriage, but whose marriage is not 

14 legitimate solely because of the bigamy of such 

15 citizen of the United States or lawful perma16 nent resident; or 

17 ‘‘(cc) who was a bona fide spouse of a cit18 izen of the United States or a lawful permanent 

19 resident within the past 2 years and— 

20 ‘‘(AA) whose spouse died within the 

21 past 2 years; 

22 ‘‘(BB) whose spouse renounced citi23 zenship status or renounced or lost status 

24 as a lawful permanent resident within the 


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1 past 2 years related to an incident of do2 mestic violence; or 

3 ‘‘(CC) who demonstrates a connection 

4 between the legal termination of the mar5 riage within the past 2 years and battering 

6 or extreme cruelty by a spouse who is a 

7 citizen of the United States or a lawful 

8 permanent resident spouse; 

9 ‘‘(II) who is a person of good moral char10 acter; 

11 ‘‘(III) who is eligible to be classified as an 

12 immediate relative under section 201(b)(2)(A) 

13 or who would have been so classified but for the 

14 bigamy of the citizen of the United States that 

15 the alien intended to marry; and 

16 ‘‘(IV) who has resided with the alien’s 

17 spouse or intended spouse. 

18 ‘‘(D) An alien who is the child of a citizen or 

19 lawful permanent resident of the United States, or 

20 who was a child of a United States citizen or lawful 

21 permanent resident parent who within the past 2 

22 years lost or renounced citizenship status related to 

23 an incident of domestic violence, and who is a person 

24 of good moral character, who is eligible to be classi25 fied as an immediate relative under section 


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1 201(b)(2)(A), and who resides, or has resided in the 

2 past, with the citizen or lawful permanent resident 

3 parent may file a petition with the Secretary of 

4 Homeland Security under this paragraph for classi5 fication of the alien (and any child of the alien) 

6 under such section if the alien demonstrates to the 

7 Secretary that the alien has been battered by or has 

8 been the subject of extreme cruelty perpetrated by 

9 the alien’s citizen or lawful permanent resident par10 ent. For purposes of this subparagraph, residence 

11 includes any period of visitation. 

12 ‘‘(E) An alien who— 

13 ‘‘(i) is the spouse, intended spouse, or child 

14 living abroad of a citizen or lawful permanent 

15 resident who— 

16 ‘‘(I) is an employee of the United 

17 States Government; 

18 ‘‘(II) is a member of the uniformed 

19 services (as defined in section 101(a) of 

20 title 10, United States Code); or 

21 ‘‘(III) has subjected the alien or the 

22 alien’s child to battery or extreme cruelty 

23 in the United States; and 

24 ‘‘(ii) is eligible to file a petition under sub25 paragraph (C) or (D), 


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1 shall file such petition with the Secretary of Home2 land Security under the procedures that apply to 

3 self-petitioners under subparagraph (C) or (D), as 

4 applicable. 

5 ‘‘(F) For the purposes of any petition filed 

6 under subparagraph (C) or (D), the 

7 denaturalization, loss or renunciation of citizenship 

8 or lawful permanent resident status, death of the 

9 abuser, divorce, or changes to the abuser’s citizen10 ship or lawful permanent resident status after filing 

11 of the petition shall not adversely affect the approval 

12 of the petition, and for approved petitions shall not 

13 preclude the classification of the eligible self-peti14 tioning spouse or child as an immediate relative or 

15 affect the alien’s ability to adjust status under sub16 sections (a) and (c) of section 245 or obtain status 

17 as a lawful permanent resident based on the ap18 proved self-petition under such clauses. 

19 ‘‘(G) An alien may file a petition with the Sec20 retary of Homeland Security under this paragraph 

21 for classification of the alien under section 

22 201(b)(2)(A) if the alien— 

23 ‘‘(i) is the parent of a citizen of the United 

24 States or was a parent of a citizen of the 

25 United States who, within the past 2 years, lost 


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1 or renounced citizenship status related to an in2 cident of domestic violence or died; 

3 ‘‘(ii) is a person of good moral character; 

4 ‘‘(iii) is eligible to be classified as an im5 mediate relative under section 201(b)(2)(A); 

6 ‘‘(iv) resides, or has resided, with the cit7 izen daughter or son; and 

8 ‘‘(v) demonstrates that the alien has been 

9 battered or subject to extreme cruelty by the 

10 citizen daughter or son. 

11 ‘‘(H)(i) Subparagraph (A) shall not apply to a 

12 citizen of the United States who has been convicted 

13 of a specified offense against a minor, unless the 

14 Secretary of Homeland Security, in the Secretary’s 

15 sole and unreviewable discretion, determines that the 

16 citizen poses no risk to the alien with respect to 

17 whom a petition described in subparagraph (A) is 

18 filed. 

19 ‘‘(ii) For purposes of clause (i), the term ‘speci20 fied offense against a minor’ has the meaning given 

21 such term in section 111 of the Adam Walsh Child 

22 Protection and Safety Act of 2006 (42 U.S.C. 

23 16911). 

24 ‘‘(2) DETERMINATION OF GOOD MORAL CHAR25 ACTER.—Notwithstanding section 101(f), an act or 


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1 conviction that is waivable with respect to the peti2 tioner for purposes of a determination of the peti3 tioner’s admissibility under section 212(a) or deport4 ability under section 237(a) shall not bar the Sec5 retary of Homeland Security from finding the peti6 tioner to be of good moral character under subpara7 graph (C) or (D) of paragraph (1), if the Secretary 

8 finds that the act or conviction was connected to the 

9 alien’s having been battered or subjected to extreme 

10 cruelty. 

11 ‘‘(3) PREFERENCE STATUS.—(A)(i) Any child 

12 who attains 21 years of age who has filed a petition 

13 under paragraph (1)(D) that was filed or approved 

14 before the date on which the child attained 21 years 

15 of age shall be considered (if the child has not been 

16 admitted or approved for lawful permanent residence 

17 by the date the child attained 21 years of age) a pe18 titioner for preference status under paragraph (1), 

19 (2), or (3) of section 203(a), whichever paragraph is 

20 applicable, with the same priority date assigned to 

21 the self-petition filed under paragraph (1)(D). No 

22 new petition shall be required to be filed. 

23 ‘‘(ii) Any individual described in clause (i) is el24 igible for deferred action and work authorization. 


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1 ‘‘(iii) Any derivative child who attains 21 years 

2 of age who is included in a petition described in sub3 paragraph (B) that was filed or approved before the 

4 date on which the child attained 21 years of age 

5 shall be considered (if the child has not been admit6 ted or approved for lawful permanent residence by 

7 the date the child attained 21 years of age) a VAWA 

8 self-petitioner with the same priority date as that as9 signed to the petitioner in any petition described in 

10 subparagraph (B). No new petition shall be required 

11 to be filed. 

12 ‘‘(iv) Any individual described in clause (iii) and 

13 any derivative child of a petitioner described in sub14 paragraph (B) is eligible for deferred action and 

15 work authorization. 

16 ‘‘(B) The petition referred to in subparagraph 

17 (A)(iii) is a petition filed by an alien under subpara18 graph (C) or (D) of paragraph (1) in which the child 

19 is included as a derivative beneficiary. 

20 ‘‘(C) Nothing in the amendments made by the 

21 Child Status Protection Act (Public Law 107–208; 

22 116 Stat. 927) shall be construed to limit or deny 

23 any right or benefit provided under this paragraph. 

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1 sections (a) and (c) of section 245 as an alien hav2 ing an approved petition for classification under sub3 paragraph (C) or (D) of paragraph (1). 

4 ‘‘(E) For purposes of this paragraph, an indi5 vidual who is not less than 21 years of age, who 

6 qualified to file a petition under paragraph (1)(D) 

7 as of the minute before the date on which the indi8 vidual attained 21 years of age, and who did not file 

9 such a petition before such day, shall be treated as 

10 having filed a petition under such paragraph as of 

11 such day if a petition is filed for the status described 

12 in such paragraph before the individual attains 25 

13 years of age and the individual shows that the abuse 

14 was at least 1 central reason for the filing delay. 

15 Subparagraphs (A) through (D) shall apply to an in16 dividual described in this subparagraph in the same 

17 manner as an individual filing a petition under para18 graph (1)(D). 

19 ‘‘(4) CLASSIFICATION AS ALIEN WITH EX20 TRAORDINARY ABILITY.—Any alien desiring to be 

21 classified under subparagraph (I), (J), (K), (L), or 

22 (M) of section 201(b)(1) or section 203(b)(1)(A), or 

23 any person on behalf of such an alien, may file a pe24 tition with the Secretary of Homeland Security for 

25 such classification. 


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1 ‘‘(5) CLASSIFICATION AS EMPLOYMENT-BASED

2 IMMIGRANT.—Any employer desiring and intending 

3 to employ within the United States an alien entitled 

4 to classification under paragraph (1)(B), (1)(C), (2), 

5 or (3) of section 203(b) may file a petition with the 

6 Secretary of Homeland Security for such classifica7 tion. 

8 ‘‘(6) CLASSIFICATION AS SPECIAL IMMI9 GRANT.—(A) Any alien (other than a special immi10 grant under section 101(a)(27)(D)) desiring to be 

11 classified under section 203(b)(4), or any person on 

12 behalf of such an alien, may file a petition with the 

13 Secretary of Homeland Security for such classifica14 tion. 

15 ‘‘(B) Aliens claiming status as a special immi16 grant under section 101(a)(27)(D) may file a peti17 tion only with the Secretary of State and only after 

18 notification by the Secretary that such status has 

19 been recommended and approved pursuant to such 

20 section. 

21 ‘‘(7) CLASSIFICATION AS IMMIGRANT INVES22 TOR.—Any alien desiring to be classified under para23 graph (5) or (6) of section 203(b) may file a petition 

24 with the Secretary of Homeland Security for such 

25 classification. 


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1 ‘‘(8) DIVERSITY VISA.—(A) Any alien desiring 

2 to be provided an immigrant visa under section 

3 203(c) may file a petition at the place and time de4 termined by the Secretary of State by regulation. 

5 Only 1 such petition may be filed by an alien with 

6 respect to any petitioning period established. If more 

7 than 1 petition is submitted all such petitions sub8 mitted for such period by the alien shall be voided. 

9 ‘‘(B)(i) The Secretary of State shall designate 

10 a period for the filing of petitions with respect to 

11 visas which may be issued under section 203(c) for 

12 the fiscal year beginning after the end of the period. 

13 ‘‘(ii) Aliens who qualify, through random selec14 tion, for a visa under section 203(c) shall remain eli15 gible to receive such visa only through the end of the 

16 specific fiscal year for which they were selected. 

17 ‘‘(iii) The Secretary of State shall prescribe 

18 such regulations as may be necessary to carry out 

19 this subparagraph. 

20 ‘‘(C) A petition under this paragraph shall be 

21 in such form as the Secretary of State may by regu22 lation prescribe and shall contain such information 

23 and be supported by such documentary evidence as 

24 the Secretary of State may require. 


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1 ‘‘(D) Each petition to compete for consideration 

2 for a visa under section 203(c) shall be accompanied 

3 by a fee equal to $30. All amounts collected under 

4 this subparagraph shall be deposited into the Treas5 ury as miscellaneous receipts. 

6 ‘‘(9) CONSIDERATION OF CREDIBLE EVI7 DENCE.—In acting on petitions filed under subpara8 graph (C) or (D) of paragraph (1), or in making de9 terminations under paragraphs (2) and (3), the Sec10 retary of Homeland Security shall consider any cred11 ible evidence relevant to the petition. The determina12 tion of what evidence is credible and the weight to 

13 be given that evidence shall be within the sole discre14 tion of the Secretary. 

15 ‘‘(10) WORK AUTHORIZATION.—(A) Upon the 

16 approval of a petition as a VAWA self-petitioner, the 

17 alien— 

18 ‘‘(i) is eligible for work authorization; and 

19 ‘‘(ii) may be provided an ‘employment au20 thorized’ endorsement or appropriate work per21 mit incidental to such approval. 

22 ‘‘(B) Notwithstanding any provision of this Act 

23 restricting eligibility for employment in the United 

24 States, the Secretary of Homeland Security shall 

25 grant employment authorization to an alien who has 


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1 filed an application for status as a VAWA self-peti2 tioner on the date that is the earlier of— 

3 ‘‘(i) the date on which the alien’s applica4 tion for such status is approved; or 

5 ‘‘(ii) a date determined by the Secretary 

6 that is not later than 180 days after the date 

7 on which the alien filed the application. 

8 ‘‘(11) LIMITATION.—Notwithstanding para9 graphs (1) through (10), an individual who was a 

10 VAWA petitioner or who had the status of a non11 immigrant under subparagraph (T) or (U) of section 

12 101(a)(15) may not file a petition for classification 

13 under this section or section 214 to classify any per14 son who committed the battery or extreme cruelty or 

15 trafficking against the individual (or the individual’s 

16 child), which established the individual’s (or individ17 ual’s child’s) eligibility as a VAWA petitioner or for 

18 such nonimmigrant status.’’; 

19 (ii) in subsection (c)(1), by striking 

20 ‘‘or preference status’’; and 

21 (iii) in subsection (h), by striking ‘‘or 

22 a petition filed under subsection 

23 (a)(1)(B)(ii)’’. 

24 (B) CONFORMING AMENDMENTS.—The 

25 Act (8 U.S.C. 1101 et seq.) is amended— 


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1 (i) in section 101(a)— 

2 (I) in paragraph (15)(K), by 

3 striking ‘‘204(a)(1)(A)(viii)(I)’’ each 

4 place such term appears and inserting 

5 ‘‘204(a)(1)(H)(i)’’; 

6 (II) in paragraph (50), by strik7 ing ‘‘204(a)(1)(A)(iii)(II)(aa)(BB), 

8 204(a)(1)(B)(ii)(II)(aa)(BB),’’ and in9 serting ‘‘204(a)(1)(C)(ii)(I)(bb) or’’; 

10 and 

11 (III) in paragraph (51)— 

12 (aa) in subparagraph (A), 

13 by striking ‘‘204(a)(1)(A)’’ and 

14 inserting ‘‘204(a)(1)’’; 

15 (bb) by striking subpara16 graph (B); and 

17 (cc) by redesignating sub18 paragraphs (C), (D), (E), (F), 

19 and (G) as subparagraphs (B), 

20 (C), (D), (E), and (F), respec21 tively; 

22 (ii) in section 212(a)(4)(C)(i)— 

23 (I) in subclause (I), by striking 

24 ‘‘clause (ii), (iii), or (iv) of section 

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1 paragraph (B), (C), or (D) of section 

2 204(a)(1);’’; 

3 (II) by striking subclause (II); 

4 and 

5 (III) by redesignating subclause 

6 (III) as subclause (II); 

7 (iii) in section 216(c)(4)(D), by strik8 ing ‘‘204(a)(1)(A)(iii)(II)(aa)(BB)’’ and 

9 inserting ‘‘204(a)(1)(C)(ii)(I)(bb)’’; and 

10 (iv) in section 240(c)(7)(C)(iv)(I), by 

11 striking ‘‘clause (iii) or (iv) of section 

12 204(a)(1)(A), clause (ii) or (iii) of section 

13 204(a)(1)(B),’’ and inserting ‘‘subpara14 graph (C) or (D) of section 204(a)(1),’’. 

15 (7) EXCLUDABLE ALIENS.—Section 

16 212(d)(12)(B) (8 U.S.C. 1182(d)(12)(B)) is amend17 ed by striking ‘‘section 201(b)(2)(A)’’ and inserting 

18 ‘‘section 201(b)(2) (other than subparagraph 

19 (B)(vi))’’. 

20 (8) ADMISSION OF NONIMMIGRANTS.—Section 

21 214(r)(3)(A) (8 U.S.C. 1184(r)(3)(A)) is amended 

22 by striking ‘‘section 201(b)(2)(A)(i).’’ and inserting 

23 ‘‘section 201(b)(2) (other than clause (v) or (vi) of 

24 subparagraph (B)).’’. 


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1 (9) REFUGEE CRISIS IN IRAQ ACT OF 2007.— 

2 Section 1243(a)(4) of the Refugee Crisis in Iraq Act 

3 of 2007 (8 U.S.C. 1157 note) is amended by strik4 ing ‘‘section 201(b)(2)(A)(i)’’ and inserting ‘‘section 

5 201(b)(2) (other than clause (v) or (vi) of subpara6 graph (B))’’. 

7 (10) PROCESSING OF VISA APPLICATIONS.— 

8 Section 233 of the Department of State Authoriza9 tion Act, Fiscal Year 2003 (8 U.S.C. 1201 note) is 

10 amended by striking ‘‘section 201(b)(2)(A)(i)’’ and 

11 inserting ‘‘section 201(b)(2) (other than clause (v) 

12 or (vi) of subparagraph (B))’’. 

13 (11) ADJUSTMENT OF STATUS.—Section 245(a) 

14 (8 U.S.C. 1255(a)) is amended to read as follows: 

15 ‘‘(a)(1) The status of an alien who was inspected and 

16 admitted or paroled into the United States or the status 

17 of any other alien having an approved petition for classi18 fication as a VAWA self-petitioner may be adjusted by the 

19 Attorney General or the Secretary of Homeland Security, 

20 in the Attorney General’s or the Secretary’s discretion and 

21 under such regulations as the Attorney General or Sec22 retary may prescribe, to that of an alien lawfully admitted 

23 for permanent residence (regardless of whether the alien 

24 has already been admitted for permanent residence) if— 


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1 ‘‘(A) the alien makes an application for such 

2 adjustment; 

3 ‘‘(B) the alien is eligible to receive an immi4 grant visa and is admissible to the United States for 

5 permanent residence; and 

6 ‘‘(C) subject to paragraph (2), an immigrant 

7 visa is immediately available to the alien at the time 

8 the alien’s application is filed. 

9 ‘‘(2)(A) An application that is based on a petition ap10 proved or approvable under subparagraph (A) or (B) of 

11 section 204(a)(1) may be filed without regard to the limi12 tation set forth in paragraph (1)(C). 

13 ‘‘(B) An application for adjustment filed for an alien 

14 under this paragraph may not be approved until such time 

15 as an immigrant visa becomes available for the alien.’’. 

16 (e) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect on the date of the enactment 

18 of this Act. 

19 SEC. 2306. NUMERICAL LIMITATIONS ON INDIVIDUAL FOR20 EIGN STATES. 

21 (a) NUMERICAL LIMITATION TO ANY SINGLE FOR22 EIGN STATE.—Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is 

23 amended— 

24 (1) in the paragraph heading, by striking ‘‘AND

25 EMPLOYMENT-BASED’’; 


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1 (2) by striking ‘‘(3), (4), and (5),’’ and insert2 ing ‘‘(3) and (4),’’; 

3 (3) by striking ‘‘subsections (a) and (b) of sec4 tion 203’’ and inserting ‘‘section 203(a)’’; 

5 (4) by striking ‘‘7’’ and inserting ‘‘15’’; and 

6 (5) by striking ‘‘such subsections’’ and inserting 

7 ‘‘such section’’. 

8 (b) CONFORMING AMENDMENTS.—Section 202 (8 

9 U.S.C. 1152) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (3), by striking ‘‘both 

12 subsections (a) and (b) of section 203’’ and in13 serting ‘‘section 203(a)’’; and 

14 (B) by striking paragraph (5); and 

15 (2) by amending subsection (e) to read as fol16 lows: 

17 ‘‘(e) SPECIAL RULES FOR COUNTRIES AT CEILING.— 

18 If it is determined that the total number of immigrant 

19 visas made available under section 203(a) to natives of 

20 any single foreign state or dependent area will exceed the 

21 numerical limitation specified in subsection (a)(2) in any 

22 fiscal year, in determining the allotment of immigrant visa 

23 numbers to natives under section 203(a), visa numbers 

24 with respect to natives of that state or area shall be allo25 cated (to the extent practicable and otherwise consistent 


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1 with this section and section 203) in a manner so that, 

2 except as provided in subsection (a)(4), the proportion of 

3 the visa numbers made available under each of paragraphs 

4 (1) through (4) of section 203(a) is equal to the ratio of 

5 the total number of visas made available under the respec6 tive paragraph to the total number of visas made available 

7 under section 203(a).’’. 

8 (c) COUNTRY-SPECIFIC OFFSET.—Section 2 of the 

9 Chinese Student Protection Act of 1992 (8 U.S.C. 1255 

10 note) is amended— 

11 (1) in subsection (a), by striking ‘‘subsection 

12 (e))’’ and inserting ‘‘subsection (d))’’; and 

13 (2) by striking subsection (d) and redesignating 

14 subsection (e) as subsection (d). 

15 (d) EFFECTIVE DATE.—The amendments made by 

16 this section shall take effect 1 year after the date of the 

17 enactment of this Act. 

18 SEC. 2307. ALLOCATION OF IMMIGRANT VISAS. 

19 (a) PREFERENCE ALLOCATION FOR FAMILY-SPON20 SORED IMMIGRANTS.— 

21 (1) IN GENERAL.—Section 203(a) (8 U.S.C. 

22 1153(a)), as amended by section 2305(b), is further 

23 amended to read as follows: 

24 ‘‘(a) PREFERENCE ALLOCATION FOR FAMILY-SPON25 SORED IMMIGRANTS.—Aliens subject to the worldwide 


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1 level specified in section 201(c) for family-sponsored immi2 grants shall be allotted visas as follows: 

3 ‘‘(1) SONS AND DAUGHTERS OF CITIZENS.— 

4 Qualified immigrants who are— 

5 ‘‘(A) the unmarried sons or unmarried 

6 daughters but not the children of citizens of the 

7 United States shall be allocated visas in a num8 ber not to exceed 35 percent of the worldwide 

9 level authorized in section 201(c), plus the sum 

10 of— 

11 ‘‘(i) the number of visas not required 

12 for the class specified in paragraph (2) for 

13 the current fiscal year; and 

14 ‘‘(ii) the number of visas not required 

15 for the class specified in subparagraph (B); 

16 or 

17 ‘‘(B) the married sons or married daugh18 ters of citizens of the United States who are 31 

19 years of age or younger at the time of filing a 

20 petition under section 204 shall be allocated 

21 visas in a number not to exceed 25 percent of 

22 the worldwide level authorized in section 201(c), 

23 plus the number of any visas not required for 

24 the class specified in subparagraph (A) current 

25 fiscal year. 


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1 ‘‘(2) SONS AND DAUGHTERS OF PERMANENT

2 RESIDENTS.—Qualified immigrants who are the un3 married sons or unmarried daughters of aliens ad4 mitted for permanent residence shall be allocated 

5 visas in a number not to exceed 40 percent of the 

6 worldwide level authorized in section 201(c), plus 

7 any visas not required for the class specified in para8 graph (1)(A).’’. 

9 (2) CONFORMING AMENDMENTS.— 

10 (A) PROCEDURE FOR GRANTING IMMI11 GRANT STATUS.—Section 204(f)(1) (8 U.S.C. 

12 1154(f)(1)) is amended by striking ‘‘section 

13 201(b), 203(a)(1), or 203(a)(3),’’ and inserting 

14 ‘‘section 201(b) or subparagraph (A) or (B) of 

15 section 203(a)(1)’’. 

16 (B) AUTOMATIC CONVERSION.—For the 

17 purposes of any petition pending or approved 

18 based on a relationship described— 

19 (i) in subparagraph (A) of section 

20 203(a)(1) of the Immigration and Nation21 ality Act (8 U.S.C. 1153(a)(1)), as amend22 ed by paragraph (1), and notwithstanding 

23 the age of the alien, such a petition shall 

24 be deemed reclassified as a petition based 

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1 graph (B) of such section 203(a)(1) upon 

2 the marriage of such alien; or 

3 (ii) in subparagraph (B) of such sec4 tion 203(a)(1), such a petition shall be 

5 deemed reclassified as a petition based on 

6 a relationship described in subparagraph 

7 (A) of such section 203(a)(1) upon the 

8 legal termination of marriage or death of 

9 such alien’s spouse. 

10 (3) EFFECTIVE DATE.—The amendments made 

11 by this subsection shall take effect on the first day 

12 of the first fiscal year that begins at least 18 months 

13 following the date of the enactment of this Act. 

14 (b) PREFERENCE ALLOCATION FOR EMPLOYMENT15 BASED IMMIGRANTS.— 

16 (1) IN GENERAL.—Section 201(b)(1) (8 U.S.C. 

17 1151(b)(1)), as amended by sections 2103(c) and 

18 2212(d), is further amended by adding at the end 

19 the following: 

20 ‘‘(H) Derivative beneficiaries as described 

21 in section 203(d) of employment-based immi22 grants under section 203(b). 

23 ‘‘(I) Aliens with extraordinary ability in 

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1 tained national or international acclaim, if, with 

2 respect to any such alien— 

3 ‘‘(i) the achievements of such alien 

4 have been recognized in the field through 

5 extensive documentation; 

6 ‘‘(ii) such alien seeks to enter the 

7 United States to continue work in the area 

8 of extraordinary ability; and 

9 ‘‘(iii) the entry of such alien into the 

10 United States will substantially benefit 

11 prospectively the United States. 

12 ‘‘(J) Aliens who are outstanding professors 

13 and researchers if, with respect to any such 

14 alien— 

15 ‘‘(i) the alien is recognized inter16 nationally as outstanding in a specific aca17 demic area; 

18 ‘‘(ii) the alien has at least 3 years of 

19 experience in teaching or research in the 

20 academic area; and 

21 ‘‘(iii) the alien seeks to enter the 

22 United States— 

23 ‘‘(I) to be employed in a tenured 

24 position (or tenure-track position) 

25 within a not for profit university or 


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1 institution of higher education to 

2 teach in the academic area; 

3 ‘‘(II) for employment in a com4 parable position with a not for profit 

5 university or institution of higher edu6 cation, or a governmental research or7 ganization, to conduct research in the 

8 area; or 

9 ‘‘(III) for employment in a com10 parable position to conduct research 

11 in the area with a department, divi12 sion, or institute of a private em13 ployer, if the department, division, or 

14 institute employs at least 3 persons 

15 full-time in research activities and has 

16 achieved documented accomplishments 

17 in an academic field. 

18 ‘‘(K) Aliens who are multinational execu19 tives and managers if, with respect to any such 

20 alien— 

21 ‘‘(i) in the 3 years preceding the time 

22 of the alien’s application for classification 

23 and admission into the United States 

24 under this subparagraph, the alien has 

25 been employed for at least 1 year by a firm 


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1 or corporation or other legal entity or an 

2 affiliate or subsidiary thereof; and 

3 ‘‘(ii) the alien seeks to enter the 

4 United States in order to continue to 

5 render services to the same employer or to 

6 a subsidiary or affiliate thereof in a capac7 ity that is managerial or executive. 

8 ‘‘(L) Aliens who have earned a doctorate 

9 degree from an institution of higher education 

10 in the United States or the foreign equivalent. 

11 ‘‘(M) Alien physicians who have completed 

12 the foreign residency requirements under sec13 tion 212(e) or obtained a waiver of these re14 quirements or an exemption requested by an in15 terested State agency or by an interested Fed16 eral agency under section 214(l), including 

17 those alien physicians who completed such serv18 ice before the date of the enactment of the Bor19 der Security, Economic Opportunity, and Immi20 gration Modernization Act. 

21 ‘‘(N) ADVANCED DEGREES IN A STEM

22 FIELD.— 

23 ‘‘(i) IN GENERAL.—An immigrant 

24 who— 


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1 ‘‘(I) has earned a master’s or 

2 higher degree in a field of science, 

3 technology, engineering, or mathe4 matics included in the Department of 

5 Education’s Classification of Instruc6 tional Programs taxonomy within the 

7 summary groups of computer and in8 formation sciences and support serv9 ices, engineering, mathematics and 

10 statistics, biological and biomedical 

11 sciences, and physical sciences, from a 

12 United States institution of higher 

13 education; 

14 ‘‘(II) has an offer of employment 

15 from a United States employer in a 

16 field related to such degree; and 

17 ‘‘(III) earned the qualifying grad18 uate degree during the 5-year period 

19 immediately before the initial filing 

20 date of the petition under which the 

21 nonimmigrant is a beneficiary. 

22 ‘‘(ii) DEFINITION.—In this subpara23 graph, the term ‘United States institution 

24 of higher education’ means an institution 

25 that— 


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1 ‘‘(I) is described in section 

2 101(a) of the Higher Education Act 

3 of 1965 (20 U.S.C. 1001(a)) or is a 

4 proprietary institution of higher edu5 cation (as defined in section 102(b) of 

6 such Act (20 U.S.C. 1002(b))); 

7 ‘‘(II) was classified by the Car8 negie Foundation for the Advance9 ment of Teaching on January 1, 

10 2012, as a doctorate-granting univer11 sity with a very high or high level of 

12 research activity or classified by the 

13 National Science Foundation after the 

14 date of enactment of this subpara15 graph, pursuant to an application by 

16 the institution, as having equivalent 

17 research activity to those institutions 

18 that had been classified by the Car19 negie Foundation as being doctorate20 granting universities with a very high 

21 or high level of research activity; and 

22 ‘‘(III) is accredited by an accred23 iting body that is itself accredited ei24 ther by the Department of Education 


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1 or by the Council for Higher Edu2 cation Accreditation.’’. 

3 (2) EXCEPTION FROM LABOR CERTIFICATION

4 REQUIREMENT FOR STEM IMMIGRANTS.—Section 

5 212(a)(5)(D) (8 U.S.C. 1182(a)(5)(D)) is amended 

6 to read as follows: 

7 ‘‘(D) APPLICATION OF GROUNDS.— 

8 ‘‘(i) IN GENERAL.—Except as pro9 vided in clause (ii), the grounds for inad10 missibility of aliens under subparagraphs 

11 (A) and (B) shall apply to immigrants 

12 seeking admission or adjustment of status 

13 under paragraph (2) or (3) of section 

14 203(b). 

15 ‘‘(ii) SPECIAL RULE FOR STEM IMMI16 GRANTS.—The grounds for inadmissibility 

17 of aliens under subparagraph (A) shall not 

18 apply to an immigrant seeking admission 

19 or adjustment of status under section 

20 203(b)(2)(B) or 201(b)(1)(N).’’. 

21 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

22 (1) TREATMENT OF DERIVATIVE FAMILY MEM23 BERS.—Section 203(d) (8 U.S.C. 1153(d)) is 

24 amended to read as follows: 


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1 ‘‘(d) TREATMENT OF FAMILY MEMBERS.—If accom2 panying or following to join a spouse or parent issued a 

3 visa under subsection (a), (b), or (c), subparagraph (I), 

4 (J), (K), (L), or (M) of section 201(b)(1), or section 

5 201(b)(2), a spouse or child (as defined in subparagraph 

6 (A), (B), (C), (D), or (E) of section 101(b)(1)) shall be 

7 entitled to the same immigrant status and the same order 

8 of consideration provided in the respective provision.’’. 

9 (2) ALIENS WHO ARE PRIORITY WORKERS OR

10 MEMBERS OF THE PROFESSIONS HOLDING AD11 VANCED DEGREES.—Section 203(b) (8 U.S.C. 

12 1153(b)) is amended— 

13 (A) in the matter preceding paragraph (1), 

14 by striking ‘‘Aliens’’ and inserting ‘‘Other than 

15 aliens described in paragraph (1) or (2)(B), 

16 aliens’’; 

17 (B) in paragraph (1), by striking the mat18 ter preceding subparagraph (A) and inserting 

19 ‘‘Aliens described in any of the following sub20 paragraphs may be admitted to the United 

21 States without respect to the worldwide level 

22 specified in section 201(d)’’; and 

23 (C) by amending paragraph (2) to read as 

24 follows: 


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1 ‘‘(2) ALIENS WHO ARE MEMBERS OF PROFES2 SIONS HOLDING ADVANCED DEGREES OR PROSPEC3 TIVE EMPLOYEES OF NATIONAL SECURITY FACILI4 TIES.— 

5 ‘‘(A) IN GENERAL.—Visas shall be made 

6 available, in a number not to exceed 40 percent 

7 of the worldwide level authorized in section 

8 201(d), plus any visas not required for the 

9 classes specified in paragraph (5) to qualified 

10 immigrants who are either of the following: 

11 ‘‘(i) Members of the professions hold12 ing advanced degrees or their equivalent 

13 whose services in the sciences, arts, profes14 sions, or business are sought by an em15 ployer in the United States, including alien 

16 physicians holding foreign medical degrees 

17 that have been deemed sufficient for ac18 ceptance by an accredited United States 

19 medical residency or fellowship program. 

20 ‘‘(ii) Prospective employees, in a re21 search capacity, of Federal national secu22 rity, science, and technology laboratories, 

23 centers, and agencies, if such immigrants 

24 have been lawfully present in the United 

25 States for two years prior to employment 


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1 (unless the Secretary of Homeland Secu2 rity determines, including upon request of 

3 the prospective laboratory, center, or agen4 cy, that exceptional circumstances exist 

5 justifying waiver of the presence require6 ment). 

7 ‘‘(B) WAIVER OF JOB OFFER.— 

8 ‘‘(i) NATIONAL INTEREST WAIVER.— 

9 Subject to clause (ii), the Secretary of 

10 Homeland Security may, if the Secretary 

11 deems it to be in the national interest, 

12 waive the requirements of subparagraph 

13 (A) that an alien’s services in the sciences, 

14 arts, professions, or business be sought by 

15 an employer in the United States. 

16 ‘‘(ii) PHYSICIANS WORKING IN SHORT17 AGE AREAS OR VETERANS FACILITIES.— 

18 ‘‘(I) IN GENERAL.—The Sec19 retary shall grant a national interest 

20 waiver pursuant to clause (i) on be21 half of any alien physician with re22 spect to whom a petition for pref23 erence classification has been filed 

24 under subparagraph (A) if— 


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1 ‘‘(aa) the alien physician 

2 agrees to work on a full- time 

3 basis practicing primary care, 

4 specialty medicine, or a combina5 tion thereof, in an area or areas 

6 designated by the Secretary of 

7 Health and Human Services as 

8 having a shortage of health care 

9 professionals or at a health care 

10 facility under the jurisdiction of 

11 the Secretary of Veterans Affairs; 

12 or 

13 ‘‘(bb) the alien physician is 

14 pursuing such waiver based upon 

15 service at a facility or facilities 

16 that serve patients who reside in 

17 a geographic area or areas des18 ignated by the Secretary of 

19 Health and Human Services as 

20 having a shortage of health care 

21 professionals (without regard to 

22 whether such facility or facilities 

23 are located within such an area) 

24 and a Federal agency or a local, 

25 county, regional, or State departVerDate Mar 15 2010 19:31 Jul 09, 2013 Jkt 029200 PO 00000 Frm 00414 Fmt 6652 Sfmt 6201 E:\BILLS\S744.PAP S744

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1 ment of public health determines 

2 that the alien physician’s work at 

3 such facility was or will be in the 

4 public interest. 

5 ‘‘(II) PROHIBITION.— 

6 ‘‘(aa) No permanent resi7 dent visa may be issued to an 

8 alien physician described in sub9 clause (I) by the Secretary of 

10 State under section 204(b), and 

11 the Secretary of Homeland Secu12 rity may not adjust the status of 

13 such an alien physician from that 

14 of a nonimmigrant alien to that 

15 of a permanent resident alien 

16 under section 245, until such 

17 time as the alien has worked full 

18 time as a physician for an aggre19 gate of 5 years (not including the 

20 time served in the status of an 

21 alien described in section 

22 101(a)(15)(J)), in an area or 

23 areas designated by the Secretary 

24 of Health and Human Services 

25 as having a shortage of health 


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1 care professionals or at a health 

2 care facility under the jurisdic3 tion of the Secretary of Veterans 

4 Affairs, or at a facility or facili5 ties meeting the requirements of 

6 subclause (I)(bb). 

7 ‘‘(bb) The 5-year service re8 quirement of item (aa) shall be 

9 counted from the date the alien 

10 physician begins work in the 

11 shortage area in any legal status 

12 and not the date an immigrant 

13 visa petition is filed or approved. 

14 Such service shall be aggregated 

15 without regard to when such 

16 service began and without regard 

17 to whether such service began 

18 during or in conjunction with a 

19 course of graduate medical edu20 cation. 

21 ‘‘(cc) An alien physician 

22 shall not be required to submit 

23 an employment contract with a 

24 term exceeding the balance of the 

25 5-year commitment yet to be 


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1 served, nor an employment con2 tract dated within a minimum 

3 time period prior to filing of a 

4 visa petition pursuant to this 

5 subsection. 

6 ‘‘(dd) An alien physician 

7 shall not be required to file addi8 tional immigrant visa petitions 

9 upon a change of work location 

10 from the location approved in the 

11 original national interest immi12 grant petition. 

13 ‘‘(III) STATUTORY CONSTRUC14 TION.—Nothing in this subparagraph 

15 may be construed to prevent the filing 

16 of a petition with the Secretary of 

17 Homeland Security for classification 

18 under section 204(a), by an alien phy19 sician described in subclause (I) prior 

20 to the date by which such alien physi21 cian has completed the service de22 scribed in subclause (II) or in section 

23 214(l). 

24 ‘‘(C) GUIDANCE AND RULES.—The Sec25 retary may prescribe such policy guidance and 


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1 rules as the Secretary considers appropriate for 

2 purposes of subparagraph (A) to ensure na3 tional security and promote the interests and 

4 competitiveness of the United States. Such 

5 rules shall include a definition of the term ‘Fed6 eral national security, science, and technology 

7 laboratories, centers, and agencies’ for purposes 

8 of clause (ii) of subparagraph (A), which shall 

9 include the following: 

10 ‘‘(i) The national security, science, 

11 and technology laboratories, centers, and 

12 agencies of the Department of Defense, the 

13 Department of Energy, the Department of 

14 Homeland Security, the elements of the in15 telligence community (as that term is de16 fined in section 4(3) of the National Secu17 rity Act of 1947), and any other depart18 ment or agency of the Federal Government 

19 that conducts or funds research and devel20 opment in the essential national interest. 

21 ‘‘(ii) Federally funded research and 

22 development centers (FFRDCs) that are 

23 primarily supported by a department or 

24 agency of the Federal Government speci25 fied in clause (i).’’. 


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1 (3) SKILLED WORKERS, PROFESSIONALS, AND

2 OTHER WORKERS.— 

3 (A) IN GENERAL.—Section 203(b)(3)(A) 

4 (8 U.S.C. 1153(b)(3)(A)) is amended by strik5 ing ‘‘in a number not to exceed 28.6 percent of 

6 such worldwide level, plus any visas not re7 quired for the classes specified in paragraphs 

8 (1) and (2),’’ and inserting ‘‘in a number not 

9 to exceed 40 percent of the worldwide level au10 thorized in section 201(d), plus any visas not 

11 required for the class specified in paragraph 

12 (2),’’. 

13 (B) MEDICAL LICENSE REQUIREMENTS.— 

14 Section 214(i)(2)(A) (8 U.S.C. 1184(i)(2)(A)) 

15 is amended by adding at the end ‘‘including in 

16 the case of a medical doctor, the licensure re17 quired to practice medicine in the United 

18 States,’’. 

19 (C) REPEAL OF LIMITATION ON OTHER

20 WORKERS.—Section 203(b)(3) (8 U.S.C. 

21 1153(b)(3)) is amended— 

22 (i) by striking subparagraph (B); and 

23 (ii) redesignated subparagraph (C) as 

24 subparagraph (B). 


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1 (4) CERTAIN SPECIAL IMMIGRANTS.—Section 

2 203(b)(4) (8 U.S.C. 1153(b)(4)) is amended by 

3 striking ‘‘in a number not to exceed 7.1 percent of 

4 such worldwide level,’’ and inserting ‘‘in a number 

5 not to exceed 10 percent of the worldwide level au6 thorized in section 201(d), plus any visas not re7 quired for the class specified in paragraph (3),’’. 

8 (5) EMPLOYMENT CREATION.—Section 

9 203(b)(5)(A) (8 U.S.C. 1153(b)(5)(A)) is amended 

10 by striking ‘‘in a number not to exceed 7.1 percent 

11 of such worldwide level,’’ and inserting ‘‘in a number 

12 not to exceed 10 percent of the worldwide level au13 thorized in section 201(d), plus any visas not re14 quired for the class specified in paragraph (4),’’. 

15 (d) NATURALIZATION OF EMPLOYEES OF CERTAIN

16 NATIONAL SECURITY FACILITIES WITHOUT REGARD TO

17 RESIDENCY REQUIREMENTS.—Section 316 (8 U.S.C. 

18 1427) is amended by adding at the end the following: 

19 ‘‘(g)(1) Any person who, while an alien or a noncit20 izen national of the United States, has been employed in 

21 a research capacity at a Federal national security, science, 

22 and technology laboratory, center, or agency (as defined 

23 pursuant to section 203(b)(2)(C)) for a period or periods 

24 aggregating one year or more may, in the discretion of 


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1 the Secretary, be naturalized without regard to the resi2 dence requirements of this section if the person— 

3 ‘‘(A) has complied with all requirements as de4 termined by the Secretary of Homeland Security, the 

5 Secretary of Defense, the Secretary of Energy, or 

6 the head of a petitioning department or agency of 

7 the Federal Government, including contractual re8 quirements to maintain employment in a research 

9 capacity with a Federal national security, science, 

10 and technology laboratory, center, or agency for a 

11 period not to exceed five years; and 

12 ‘‘(B) has favorably completed and adjudicated a 

13 background investigation at the appropriate level, 

14 from the employing department or agency of the 

15 Federal Government within the last five years. 

16 ‘‘(2) The number of aliens or noncitizen nationals 

17 naturalized in any fiscal year under this subsection shall 

18 not exceed a number as defined by the Secretary of Home19 land Security, in consultation with the head of the peti20 tioning department or agency of the Federal Govern21 ment.’’. 


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1 SEC. 2308. INCLUSION OF COMMUNITIES ADVERSELY AF2 FECTED BY A RECOMMENDATION OF THE DE3 FENSE BASE CLOSURE AND REALIGNMENT 

4 COMMISSION AS TARGETED EMPLOYMENT 

5 AREAS. 

6 (a) IN GENERAL.—Section 203(b)(5)(B)(ii) (8 

7 U.S.C. 1153(b)(5)(B)(ii)) is amended by inserting ‘‘, any 

8 community adversely affected by a recommendation by the 

9 Defense Base Closure and Realignment Commission,’’ 

10 after ‘‘rural area’’. 

11 (b) REGULATIONS.—The Secretary, in consultation 

12 with the Secretary of Defense, shall implement the amend13 ment made by subsection (a) through appropriate regula14 tions. 

15 SEC. 2309. V NONIMMIGRANT VISAS. 

16 (a) NONIMMIGRANT ELIGIBILITY.—Subparagraph 

17 (V) of section 101(a)(15) (8 U.S.C. 1101(a)(15)) is 

18 amended to read as follows: 

19 ‘‘(V)(i) subject to section 214(q)(1) and 

20 section 212(a)(4), an alien who is the bene21 ficiary of an approved petition under section 

22 203(a) as— 

23 ‘‘(I) the unmarried son or unmarried 

24 daughter of a citizen of the United States; 


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1 ‘‘(II) the unmarried son or unmarried 

2 daughter of an alien lawfully admitted for 

3 permanent residence; or 

4 ‘‘(III) the married son or married 

5 daughter of a citizen of the United States 

6 and who is 31 years of age or younger; or 

7 ‘‘(ii) subject to section 214(q)(2), an alien 

8 who is— 

9 ‘‘(I) the sibling of a citizen of the 

10 United States; or 

11 ‘‘(II) the married son or married 

12 daughter of a citizen of the United States 

13 and who is older than 31 years of age;’’. 

14 (b) EMPLOYMENT AND PERIOD OF ADMISSION OF

15 NONIMMIGRANTS DESCRIBED IN SECTION

16 101(A)(15)(V).—Section 214(q) (8 U.S.C. 1184(q)) is 

17 amended to read as follows: 

18 ‘‘(q) NONIMMIGRANTS DESCRIBED IN SECTION

19 101(A)(15)(V).— 

20 ‘‘(1) CERTAIN SONS AND DAUGHTERS.— 

21 ‘‘(A) EMPLOYMENT AUTHORIZATION.—The 

22 Secretary shall— 

23 ‘‘(i) authorize a nonimmigrant admit24 ted pursuant to section 101(a)(15)(V)(i) to 

25 engage in employment in the United States 


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1 during the period of such nonimmigrant’s 

2 authorized admission; and 

3 ‘‘(ii) provide such a nonimmigrant 

4 with an ‘employment authorized’ endorse5 ment or other appropriate document signi6 fying authorization of employment. 

7 ‘‘(B) TERMINATION OF ADMISSION.—The 

8 period of authorized admission for such a non9 immigrant shall terminate 30 days after the 

10 date on which— 

11 ‘‘(i) such nonimmigrant’s application 

12 for an immigrant visa pursuant to the ap13 proval of a petition under subsection (a) or 

14 (c) of section 203 is denied; or 

15 ‘‘(ii) such nonimmigrant’s application 

16 for adjustment of status under section 245 

17 pursuant to the approval of such a petition 

18 is denied. 

19 ‘‘(2) SIBLINGS AND SONS AND DAUGHTERS OF

20 CITIZENS.— 

21 ‘‘(A) EMPLOYMENT AUTHORIZATION.—The 

22 Secretary may not authorize a nonimmigrant 

23 admitted pursuant to section 101(a)(15)(V)(ii) 

24 to engage in employment in the United States. 


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1 ‘‘(B) PERIOD OF ADMISSION.—The period 

2 of authorized admission as such a non3 immigrant may not exceed 60 days per fiscal 

4 year. 

5 ‘‘(C) TREATMENT OF PERIOD OF ADMIS6 SION.—An alien admitted under section 

7 101(a)(15)(V) may not receive an allocation of 

8 points pursuant to section 203(c) for residence 

9 in the United States while admitted as such a 

10 nonimmigrant.’’. 

11 (c) PUBLIC BENEFITS.—A noncitizen who is lawfully 

12 present in the United States pursuant to section 

13 101(a)(15)(V) of the Immigration and Nationality Act (8 

14 U.S.C. 1101(a)(15)(V)) is not eligible for any means-test15 ed public benefits (as such term is defined and imple16 mented in section 403 of the Personal Responsibility and 

17 Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 

18 1613)). A noncitizen admitted under this section— 

19 (1) is not entitled to the premium assistance 

20 tax credit authorized under section 36B of the Inter21 nal Revenue Code of 1986 for his or her coverage; 

22 (2) shall be subject to the rules applicable to in23 dividuals not lawfully present that are set forth in 

24 subsection (e) of such section; 


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1 (3) shall be subject to the rules applicable to in2 dividuals not lawfully present that are set forth in 

3 section 1402(e) of the Patient Protection and Af4 fordable Care Act (42 U.S.C. 18071(e)); and 

5 (4) shall be subject to the rules applicable to in6 dividuals not lawfully present set forth in section 

7 5000A(d)(3) of the Internal Revenue Code of 1986. 

8 (d) EFFECTIVE DATE.—The amendments made by 

9 this section shall take effect on the first day of the first 

10 fiscal year beginning after the date of the enactment of 

11 this Act. 

12 SEC. 2310. FIANCE ́ E AND FIANCE ́ CHILD STATUS PROTEC13 TION. 

14 (a) DEFINITION.—Section 101(a)(15)(K) (8 U.S.C. 

15 1101(a)(15)(K)), as amended by section 

16 2305(d)(6)(B)(i)(I), is further amended— 

17 (1) in clause (i), by inserting ‘‘or of an alien 

18 lawfully admitted for permanent residence’’ after 

19 ‘‘204(a)(1)(H)(i))’’; 

20 (2) in clause (ii), by inserting ‘‘or of an alien 

21 lawfully admitted for permanent residence’’ after 

22 ‘‘204(a)(1)(H)(i))’’; and 

23 (3) in clause (iii), by striking the semicolon and 

24 inserting ‘‘, provided that a determination of the age 

25 of such child is made using the age of the alien on 


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1 the date on which the fiance ́, fiance ́e, or immigrant 

2 visa petition is filed with the Secretary of Homeland 

3 Security to classify the alien’s parent as the fiance ́e 

4 or fiance ́ of a United States citizen or of an alien 

5 lawfully admitted for permanent residence (in the 

6 case of an alien parent described in clause (i)) or as 

7 the spouse of a citizen of the United States or of an 

8 alien lawfully admitted to permanent residence 

9 under section 201(b)(2)(A) (in the case of an alien 

10 parent described in clause (ii));’’. 

11 (b) ADJUSTMENT OF STATUS AUTHORIZED.—Section 

12 214(d) (8 U.S.C. 1184(d)) is amended— 

13 (1) by redesignating paragraphs (2) and (3) as 

14 paragraphs (3) and (4), respectively; and 

15 (2) in paragraph (1), by striking ‘‘In the event’’ 

16 and all that follows through the end; and 

17 (3) by inserting after paragraph (1) the fol18 lowing: 

19 ‘‘(2)(A) If an alien does not marry the petitioner 

20 under paragraph (1) within 3 months after the alien and 

21 the alien’s children are admitted into the United States, 

22 the visa previously issued under the provisions of section 

23 1101(a)(15)(K)(i) shall automatically expire and such 

24 alien and children shall be required to depart from the 

25 United States. If such aliens fail to depart from the 


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1 United States, they shall be placed in proceedings in ac2 cordance with sections 240 and 241. 

3 ‘‘(B) Subject to subparagraphs (C) and (D), if an 

4 alien marries the petitioner described in section 

5 101(a)(15)(K)(i) within 90 days after the alien is admit6 ted into the United States, the Secretary or the Attorney 

7 General, subject to the provisions of section 245(d), may 

8 adjust the status of the alien, and any children accom9 panying or following to join the alien, to that of an alien 

10 lawfully admitted for permanent residence on a conditional 

11 basis under section 216 if the alien and any such children 

12 apply for such adjustment and are not determined to be 

13 inadmissible to the United States. If the alien does not 

14 apply for such adjustment within 6 months after the mar15 riage, the visa issued under the provisions of section 

16 1101(a)(15)(K) shall automatically expire. 

17 ‘‘(C) Paragraphs (5) and (7)(A) of section 212(a) 

18 shall not apply to an alien who is eligible to apply for ad19 justment of the alien’s status to an alien lawfully admitted 

20 for permanent residence under this section. 

21 ‘‘(D) An alien eligible for a waiver of inadmissibility 

22 as otherwise authorized under this Act or the Border Se23 curity, Economic Opportunity, and Immigration Mod24 ernization Act shall be permitted to apply for adjustment 


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1 of the alien’s status to that of an alien lawfully admitted 

2 for permanent residence under this section.’’. 

3 (c) AGE DETERMINATION.—Section 245(d) (8 U.S.C. 

4 1255(d)) is amended— 

5 (1) by striking ‘‘The Attorney General’’ and in6 serting ‘‘(1) The Secretary of Homeland Security’’; 

7 (2) in paragraph (1), as redesignated, by strik8 ing ‘‘Attorney General’’ and inserting ‘‘Secretary’’; 

9 and 

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

11 ‘‘(2) A determination of the age of an alien admitted 

12 to the United States under section 101(a)(15)(K)(iii) shall 

13 be made, for purposes of adjustment to the status of an 

14 alien lawfully admitted for permanent residence on a con15 ditional basis under section 216, using the age of the alien 

16 on the date on which the fiance ́, fiance ́e, or immigrant visa 

17 petition was filed with the Secretary of Homeland Security 

18 to classify the alien’s parent as the fiance ́e or fiance ́ of 

19 a United States citizen or of an alien lawfully admitted 

20 to permanent residence (in the case of an alien parent ad21 mitted to the United States under section 

22 101(a)(15)(K)(i)) or as the spouse of a United States cit23 izen or of an alien lawfully admitted to permanent resi24 dence under section 201(b)(2)(A) (in the case of an alien 


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1 parent admitted to the United States under section 

2 101(a)(15)(K)(ii)).’’. 

3 (d) APPLICABILITY.—The amendments made by this 

4 section shall apply to all petitions or applications described 

5 in such amendments that are pending as of the date of 

6 the enactment of the Border Security, Economic Oppor7 tunity, and Immigration Modernization Act. 

8 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 

9 (1) DEFINITIONS.—Section 101(a)(15)(K) (8 

10 U.S.C. 1101(a)(15)(K)), as amended by subsection 

11 (a), is further amended— 

12 (A) in clause (ii), by striking ‘‘section 

13 201(b)(2)(A)(i)’’ and inserting ‘‘section 

14 201(b)(2)’’; and 

15 (B) in clause (iii), by striking ‘‘section 

16 201(b)(2)(A)(i)’’ and inserting ‘‘section 

17 201(b)(2)’’. 

18 (2) AGE DETERMINATION.—Paragraph (2) of 

19 section 245(d) (8 U.S.C. 1255(d)), as added by sub20 section (c), is amended by striking section 

21 ‘‘201(b)(2)(A)(i)’’ and inserting ‘‘201(b)(2)’’. 

22 (3) EFFECTIVE DATE.—The amendments made 

23 by this subsection shall take effect on the first day 

24 of the first fiscal year beginning no earlier than 1 

25 year after the date of the enactment of this Act. 


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1 SEC. 2311. EQUAL TREATMENT FOR ALL STEPCHILDREN. 

2 Section 101(b)(1)(B) (8 U.S.C. 1101(b)(1)(B)) is 

3 amended by striking ‘‘eighteen years’’ and inserting ‘‘21 

4 years’’. 

5 SEC. 2312. MODIFICATION OF ADOPTION AGE REQUIRE6 MENTS. 

7 Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is amend8 ed— 

9 (1) in subparagraph (E)— 

10 (A) by striking ‘‘(E)(i)’’ and inserting 

11 ‘‘(E)’’; 

12 (B) by striking ‘‘under the age of sixteen 

13 years’’ and inserting ‘‘younger than 18 years of 

14 age, or a child adopted when 18 years of age 

15 or older if the adopting parent or parents initi16 ated the legal adoption process before the child 

17 reached 18 years of age’’; 

18 (C) by striking ‘‘; or’’ and inserting a 

19 semicolon; and 

20 (D) by striking clause (ii); 

21 (2) in subparagraph (F)— 

22 (A) by striking ‘‘(F)(i)’’ and inserting 

23 ‘‘(F)’’; 

24 (B) by striking ‘‘sixteen’’ and inserting 

25 ‘‘18’’; 


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1 (C) by striking ‘‘Attorney General’’ and in2 serting ‘‘Secretary of Homeland Security’’; and 

3 (D) by striking clause (ii); and 

4 (3) in subparagraph (G), by striking ‘‘16’’ and 

5 inserting ‘‘18’’. 

6 SEC. 2313. RELIEF FOR ORPHANS, WIDOWS, AND WID7 OWERS. 

8 (a) IN GENERAL.— 

9 (1) SPECIAL RULE FOR ORPHANS AND

10 SPOUSES.—In applying clauses (iii) and (iv) of sec11 tion 201(b)(2)(B) of the Immigration and Nation12 ality Act, as added by section 2305(a) of this Act, 

13 to an alien whose citizen or lawful permanent resi14 dent relative died before the date of the enactment 

15 of this Act, the alien relative may file the classifica16 tion petition under section 204(a)(1)(A)(ii) of the 

17 Immigration and Nationality Act not later than 2 

18 years after the date of the enactment of this Act. 

19 (2) ELIGIBILITY FOR PAROLE.—If an alien was 

20 excluded, deported, removed, or departed voluntarily 

21 before the date of the enactment of this Act based 

22 solely upon the alien’s lack of classification as an 

23 immediate relative (as defined in section 

24 201(b)(2)(B)(iv) of the Immigration and Nationality 


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1 Act, as amended by section 2305(a) of this Act) due 

2 to the death of such citizen or resident— 

3 (A) such alien shall be eligible for parole 

4 into the United States pursuant to the Sec5 retary’s discretionary authority under section 

6 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)); 

7 and 

8 (B) such alien’s application for adjustment 

9 of status shall be considered by the Secretary 

10 notwithstanding section 212(a)(9) of such Act 

11 (8 U.S.C. 1182(a)(9)). 

12 (3) ELIGIBILITY FOR PAROLE.—If an alien de13 scribed in section 204(l) of the Immigration and Na14 tionality Act (8 U.S.C. 1154(l)) was excluded, de15 ported, removed, or departed voluntarily before the 

16 date of the enactment of this Act— 

17 (A) such alien shall be eligible for parole 

18 into the United States pursuant to the Sec19 retary’s discretionary authority under section 

20 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)); 

21 and 

22 (B) such alien’s application for adjustment 

23 of status shall be considered by the Secretary 

24 notwithstanding section 212(a)(9) of such Act 

25 (8 U.S.C. 1182(a)(9)). 


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1 (b) PROCESSING OF IMMIGRANT VISAS AND DERIVA2 TIVE PETITIONS.— 

3 (1) IN GENERAL.—Section 204(b) (8 U.S.C. 

4 1154(b)) is amended— 

5 (A) by striking ‘‘After an investigation’’ 

6 and inserting ‘‘(1) After an investigation’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(2)(A) Any alien described in subparagraph (B) 

9 whose qualifying relative died before the completion of im10 migrant visa processing may have an immigrant visa ap11 plication adjudicated as if such death had not occurred. 

12 An immigrant visa issued before the death of the quali13 fying relative shall remain valid after such death. 

14 ‘‘(B) An alien described in this subparagraph is an 

15 alien who— 

16 ‘‘(i) is an immediate relative (as described in 

17 section 201(b)(2)(B)); 

18 ‘‘(ii) is a family-sponsored immigrant (as de19 scribed in subsection (a) or (d) of section 203); 

20 ‘‘(iii) is a derivative beneficiary of an employ21 ment-based immigrant under section 203(b) (as de22 scribed in section 203(d)); or 

23 ‘‘(iv) is the spouse or child of a refugee (as de24 scribed in section 207(c)(2)) or an asylee (as de25 scribed in section 208(b)(3)).’’. 


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1 (2) TRANSITION PERIOD.— 

2 (A) IN GENERAL.—Notwithstanding a de3 nial or revocation of an application for an immi4 grant visa for an alien due to the death of the 

5 qualifying relative before the date of the enact6 ment of this Act, such application may be re7 newed by the alien through a motion to reopen, 

8 without fee. 

9 (B) INAPPLICABILITY OF BARS TO

10 ENTRY.—Notwithstanding section 212(a)(9) of 

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

12 1182(a)(9)), an alien’s application for an immi13 grant visa shall be considered if the alien was 

14 excluded, deported, removed, or departed volun15 tarily before the date of the enactment of this 

16 Act. 

17 (c) NATURALIZATION.—Section 319(a) (8 U.S.C. 

18 1430(a)) is amended by striking ‘‘States,’’ and inserting 

19 ‘‘States (or if the spouse is deceased, the spouse was a 

20 citizen of the United States),’’. 

21 (d) WAIVERS OF INADMISSIBILITY.—Section 212 (8 

22 U.S.C. 1182) is amended by adding at the end the fol23 lowing: 

24 ‘‘(v) CONTINUED WAIVER ELIGIBILITY FOR WIDOWS, 

25 WIDOWERS, AND ORPHANS.—In the case of an alien who 


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1 would have been statutorily eligible for any waiver of inad2 missibility under this Act but for the death of a qualifying 

3 relative, the eligibility of such alien shall be preserved as 

4 if the death had not occurred and the death of the quali5 fying relative shall be the functional equivalent of hardship 

6 for purposes of any waiver of inadmissibility which re7 quires a showing of hardship.’’. 

8 (e) SURVIVING RELATIVE CONSIDERATION FOR CER9 TAIN PETITIONS AND APPLICATIONS.—Section 204(l)(1) 

10 (8 U.S.C. 1154(l)(1)) is amended— 

11 (1) by striking ‘‘who resided in the United 

12 States at the time of the death of the qualifying rel13 ative and who continues to reside in the United 

14 States’’; and 

15 (2) by striking ‘‘related applications,’’ and in16 serting ‘‘related applications (including affidavits of 

17 support),’’. 

18 (f) FAMILY-SPONSORED IMMIGRANTS.—Section 

19 212(a)(4)(C)(i) (8 U.S.C. 1182(a)(4)(C)(i)), as amended 

20 by section 2305(d)(6)(B)(iii), is further amended by add21 ing at the end the following: 

22 ‘‘(III) the status as a surviving 

23 relative under 204(l); or’’. 


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1 SEC. 2314. DISCRETIONARY AUTHORITY WITH RESPECT TO 

2 REMOVAL, DEPORTATION, OR INADMIS3 SIBILITY OF CITIZEN AND RESIDENT IMME4 DIATE FAMILY MEMBERS. 

5 (a) APPLICATIONS FOR RELIEF FROM REMOVAL.— 

6 Section 240(c)(4) (8 U.S.C. 1229a(c)(4)) is amended by 

7 adding at the end the following: 

8 ‘‘(D) JUDICIAL DISCRETION.—In the case 

9 of an alien subject to removal, deportation, or 

10 inadmissibility, the immigration judge may ex11 ercise discretion to decline to order the alien re12 movable, deportable, or inadmissible from the 

13 United States and terminate proceedings if the 

14 judge determines that such removal, deporta15 tion, or inadmissibility is against the public in16 terest or would result in hardship to the alien’s 

17 United States citizen or lawful permanent resi18 dent parent, spouse, or child, or the judge de19 termines the alien is prima facie eligible for 

20 naturalization except that this subparagraph 

21 shall not apply to an alien whom the judge de22 termines— 

23 ‘‘(i) is inadmissible or deportable 

24 under— 


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1 ‘‘(I) subparagraph (B), (C), 

2 (D)(ii), (E), (H), (I), or (J) of section 

3 212(a)(2); 

4 ‘‘(II) section 212(a)(3); 

5 ‘‘(III) subparagraph (A), (C), or 

6 (D) of section 212(a)(10); or 

7 ‘‘(IV) paragraph (2)(A)(ii), 

8 (2)(A)(v), (2)(F), (4), or (6) of sec9 tion 237(a); or 

10 ‘‘(ii) has— 

11 ‘‘(I) engaged in conduct de12 scribed in paragraph (8) or (9) of sec13 tion 103 of the Trafficking Victims 

14 Protection Act of 2000 (22 U.S.C. 

15 7102); or 

16 ‘‘(II) a felony conviction de17 scribed in section 101(a)(43) that 

18 would have been classified as an ag19 gravated felony at the time of convic20 tion.’’. 

21 (b) SECRETARY’S DISCRETION.—Section 212 (8 

22 U.S.C. 1182), as amended by section 2313(d), is further 

23 amended by adding at the end the following: 

24 ‘‘(w) SECRETARY’S DISCRETION.—In the case of an 

25 alien who is inadmissible under this section or deportable 


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1 under section 237, the Secretary of Homeland Security 

2 may exercise discretion to waive a ground of inadmis3 sibility or deportability if the Secretary determines that 

4 such removal or refusal of admission is against the public 

5 interest or would result in hardship to the alien’s United 

6 States citizen or permanent resident parent, spouse, or 

7 child. This subsection shall not apply to an alien whom 

8 the Secretary determines— 

9 ‘‘(1) is inadmissible or deportable under— 

10 ‘‘(A) subparagraph (B), (C), (D)(ii), (E), 

11 (H), (I), or (J) of subsection (a)(2); 

12 ‘‘(B) subsection (a)(3); 

13 ‘‘(C) subparagraph (A), (C), or (D) of sub14 section (a)(10); 

15 ‘‘(D) paragraphs (2)(A)(ii), (2)(A)(v), 

16 (2)(F), or (6) of section 237(a); or 

17 ‘‘(E) section 240(c)(4)(D)(ii)(II); or 

18 ‘‘(2) has— 

19 ‘‘(A) engaged in conduct described in para20 graph (8) or (9) of section 103 of the Traf21 ficking Victims Protection Act of 2000 (22 

22 U.S.C. 7102); or 

23 ‘‘(B) a felony conviction described in sec24 tion 101(a)(43) that would have been classified 


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1 as an aggravated felony at the time of convic2 tion.’’. 

3 (c) REINSTATEMENT OF REMOVAL ORDERS.—Sec4 tion 241(a)(5) (8 U.S.C. 1231(a)(5)) is amended by strik5 ing the period at the end and inserting ‘‘, unless the alien 

6 reentered prior to attaining the age of 18 years, or rein7 statement of the prior order of removal would not be in 

8 the public interest or would result in hardship to the 

9 alien’s United States citizen or permanent resident parent, 

10 spouse, or child.’’. 

11 SEC. 2315. WAIVERS OF INADMISSIBILITY. 

12 (a) ALIENS WHO ENTERED AS CHILDREN.—Section 

13 212(a)(9)(B)(iii) (8 U.S.C. 1182(a)(9)(B)(iii)) is amended 

14 by adding at the end the following: 

15 ‘‘(VI) ALIENS WHO ENTERED AS

16 CHILDREN.—Clause (i) shall not apply 

17 to an alien who is the beneficiary of 

18 an approved petition under 

19 101(a)(15)(H) and who has earned a 

20 baccalaureate or higher degree from a 

21 United States institution of higher 

22 education (as defined in section 

23 101(a) of the Higher Education Act 

24 of 1965 (20 U.S.C. 1001(a)), and had 

25 not yet reached the age of 16 years at 


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1 the time of initial entry to the United 

2 States.’’. 

3 (b) ALIENS UNLAWFULLY PRESENT.—Section 

4 212(a)(9)(B)(v) (8 U.S.C. 1181(a)(9)(B)(v) is amended— 

5 (1) by striking ‘‘spouse or son or daughter’’ and 

6 inserting ‘‘spouse, son, daughter, or parent’’; 

7 (2) by striking ‘‘extreme’’; and 

8 (3) by inserting ‘‘, child,’’ after ‘‘lawfully resi9 dent spouse’’. 

10 (c) PREVIOUS IMMIGRATION VIOLATIONS.—Section 

11 212(a)(9)(C)(i) (8 U.S.C. 1182(a)(9)(C)(i)) is amended 

12 by adding ‘‘, other than an alien described in clause (iii) 

13 or (iv) of subparagraph (B),’’ after ‘‘Any alien’’. 

14 (d) FALSE CLAIMS.— 

15 (1) INADMISSIBILITY.— 

16 (A) IN GENERAL.—Section 212(a)(6)(C) 

17 (8 U.S.C. 1182(a)(6)(C)) is amended to read as 

18 follows: 

19 ‘‘(C) MISREPRESENTATION.— 

20 ‘‘(i) IN GENERAL.—Any alien who, by 

21 fraud or willfully misrepresenting a mate22 rial fact, seeks to procure (or within the 

23 last 3 years has sought to procure or has 

24 procured) a visa, other documentation, or 

25 admission into the United States or other 


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1 benefit provided under this Act is inadmis2 sible. 

3 ‘‘(ii) FALSELY CLAIMING CITIZEN4 SHIP.— 

5 ‘‘(I) INADMISSIBILITY.—Subject 

6 to subclause (II), any alien who know7 ingly misrepresents himself or herself 

8 to be a citizen of the United States 

9 for any purpose or benefit under this 

10 chapter (including section 274A) or 

11 any other Federal or State law is in12 admissible. 

13 ‘‘(II) SPECIAL RULE FOR CHIL14 DREN.—An alien shall not be inadmis15 sible under this clause if the misrepre16 sentation described in subclause (I) 

17 was made by the alien when the 

18 alien— 

19 ‘‘(aa) was under 18 years of 

20 age; or 

21 ‘‘(bb) otherwise lacked the 

22 mental competence to knowingly 

23 misrepresent a claim of United 

24 States citizenship. 


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1 ‘‘(iii) WAIVER.—The Attorney General 

2 or the Secretary of Homeland Security 

3 may, in the discretion of the Attorney Gen4 eral or the Secretary, waive the application 

5 of clause (i) or (ii)(I) for an alien, regard6 less whether the alien is within or outside 

7 the United States, if the Attorney General 

8 or the Secretary finds that a determination 

9 of inadmissibility to the United States for 

10 such alien would— 

11 ‘‘(I) result in extreme hardship to 

12 the alien or to the alien’s parent, 

13 spouse, son, or daughter who is a cit14 izen of the United States or an alien 

15 lawfully admitted for permanent resi16 dence; or 

17 ‘‘(II) in the case of a VAWA self18 petitioner, result in significant hard19 ship to the alien or a parent or child 

20 of the alien who is a citizen of the 

21 United States, an alien lawfully ad22 mitted for permanent residence, or a 

23 qualified alien (as defined in section 

24 431 of the Personal Responsibility 


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1 and Work Opportunity Reconciliation 

2 Act of 1996 (8 U.S.C. 1641(b))). 

3 ‘‘(iv) LIMITATION ON REVIEW.—No 

4 court shall have jurisdiction to review a de5 cision or action of the Attorney General or 

6 the Secretary regarding a waiver under 

7 clause (iii).’’. 

8 (B) CONFORMING AMENDMENT.—Section 

9 212 (8 U.S.C. 1182) is amended by striking 

10 subsection (i). 

11 (2) DEPORTABILITY.—Section 237(a)(3)(D) (8 

12 U.S.C. 1227(a)(3)(D)) is amended to read as fol13 lows: 

14 ‘‘(D) FALSELY CLAIMING CITIZENSHIP.— 

15 Any alien described in section 212(a)(6)(C)(ii) 

16 is deportable.’’. 

17 SEC. 2316. CONTINUOUS PRESENCE. 

18 Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) is amend19 ed to read as follows: 

20 ‘‘(1) TERMINATION OF CONTINUOUS PERIOD.— 

21 For purposes of this section, any period of contin22 uous residence or continuous physical presence in 

23 the United States shall be deemed to end, except in 

24 the case of an alien who applies for cancellation of 

25 removal under subsection (b)(2), on the date that a 


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1 notice to appear is filed with the Executive Office 

2 for Immigration Review pursuant to section 240.’’. 

3 SEC. 2317. GLOBAL HEALTH CARE COOPERATION. 

4 (a) TEMPORARY ABSENCE OF ALIENS PROVIDING

5 HEALTH CARE IN DEVELOPING COUNTRIES.— 

6 (1) IN GENERAL.—Title III (8 U.S.C. 1401 et 

7 seq.) is amended by inserting after section 317 the 

8 following: 

9 ‘‘SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING 

10 HEALTH CARE IN DEVELOPING COUNTRIES. 

11 ‘‘(a) IN GENERAL.—Notwithstanding any other pro12 vision of this Act, the Secretary of Homeland Security 

13 shall allow an eligible alien and the spouse or child of such 

14 alien to reside in a candidate country during the period 

15 that the eligible alien is working as a physician or other 

16 health care worker in a candidate country. During such 

17 period the eligible alien and such spouse or child shall be 

18 considered— 

19 ‘‘(1) to be physically present and residing in the 

20 United States for purposes of naturalization under 

21 section 316(a); and 

22 ‘‘(2) to meet the continuous residency require23 ments under section 316(b). 

24 ‘‘(b) DEFINITIONS.—In this section: 


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1 ‘‘(1) CANDIDATE COUNTRY.—The term ‘can2 didate country’ means a country that the Secretary 

3 of State determines to be— 

4 ‘‘(A) eligible for assistance from the Inter5 national Development Association, in which the 

6 per capita income of the country is equal to or 

7 less than the historical ceiling of the Inter8 national Development Association for the appli9 cable fiscal year, as defined by the International 

10 Bank for Reconstruction and Development; 

11 ‘‘(B) classified as a lower middle income 

12 country in the then most recent edition of the 

13 World Development Report for Reconstruction 

14 and Development published by the International 

15 Bank for Reconstruction and Development and 

16 having an income greater than the historical 

17 ceiling for International Development Associa18 tion eligibility for the applicable fiscal year; or 

19 ‘‘(C) qualified to be a candidate country 

20 due to special circumstances, including natural 

21 disasters or public health emergencies. 

22 ‘‘(2) ELIGIBLE ALIEN.—The term ‘eligible 

23 alien’ means an alien who— 

24 ‘‘(A) has been lawfully admitted to the 

25 United States for permanent residence; and 


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1 ‘‘(B) is a physician or other healthcare 

2 worker. 

3 ‘‘(c) CONSULTATION.—The Secretary of Homeland 

4 Security shall consult with the Secretary of State in car5 rying out this section. 

6 ‘‘(d) PUBLICATION.—The Secretary of State shall 

7 publish— 

8 ‘‘(1) not later than 180 days after the date of 

9 the enactment of the Border Security, Economic Op10 portunity, and Immigration Modernization Act, a list 

11 of candidate countries; 

12 ‘‘(2) an updated version of the list required by 

13 paragraph (1) not less often than once each year; 

14 and 

15 ‘‘(3) an amendment to the list required by 

16 paragraph (1) at the time any country qualifies as 

17 a candidate country due to special circumstances 

18 under subsection (b)(1)(C).’’. 

19 (2) RULEMAKING.— 

20 (A) REQUIREMENT.—Not later than 180 

21 days after the date of the enactment of this 

22 Act, the Secretary shall promulgate regulations 

23 to carry out the amendments made by this sub24 section. 


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1 (B) CONTENT.—The regulations promul2 gated pursuant to subparagraph (A) shall— 

3 (i) permit an eligible alien (as defined 

4 in section 317A of the Immigration and 

5 Nationality Act, as added by subsection 

6 (a)) and the spouse or child of the eligible 

7 alien to reside in a foreign country to work 

8 as a physician or other healthcare worker 

9 as described in subsection (a) of such sec10 tion 317A for not less than a 12-month pe11 riod and not more than a 24-month period, 

12 and shall permit the Secretary to extend 

13 such period for an additional period not to 

14 exceed 12 months, if the Secretary deter15 mines that such country has a continuing 

16 need for such a physician or other 

17 healthcare worker; 

18 (ii) provide for the issuance of docu19 ments by the Secretary to such eligible 

20 alien, and such spouse or child, if appro21 priate, to demonstrate that such eligible 

22 alien, and such spouse or child, if appro23 priate, is authorized to reside in such 

24 country under such section 317A; and 


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1 (iii) provide for an expedited process 

2 through which the Secretary shall review 

3 applications for such an eligible alien to re4 side in a foreign country pursuant to sub5 section (a) of such section 317A if the Sec6 retary of State determines a country is a 

7 candidate country pursuant to subsection 

8 (b)(1)(C) of such section 317A. 

9 (3) TECHNICAL AND CONFORMING AMEND10 MENTS.— 

11 (A) DEFINITION.—Section 

12 101(a)(13)(C)(ii) (8 U.S.C. 1101(a)(13)(C)(ii)) 

13 is amended by adding ‘‘except in the case of an 

14 eligible alien, or the spouse or child of such 

15 alien, who is authorized to be absent from the 

16 United States under section 317A,’’ at the end. 

17 (B) DOCUMENTARY REQUIREMENTS.—Sec18 tion 211(b) (8 U.S.C. 1181(b)) is amended by 

19 inserting ‘‘, including an eligible alien author20 ized to reside in a foreign country under section 

21 317A and the spouse or child of such eligible 

22 alien, if appropriate,’’ after ‘‘101(a)(27)(A),’’. 

23 (C) INELIGIBLE ALIENS.—Section 

24 212(a)(7)(A)(i)(I) (8 U.S.C. 

25 1182(a)(7)(A)(i)(I)) is amended by inserting 


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1 ‘‘other than an eligible alien authorized to re2 side in a foreign country under section 317A 

3 and the spouse or child of such eligible alien, if 

4 appropriate,’’ after ‘‘Act,’’. 

5 (4) CLERICAL AMENDMENT.—The table of con6 tents of such Act is amended by inserting after the 

7 item relating to section 317 the following: 

‘‘Sec. 317A. Temporary absence of aliens providing health care in developing 

countries.’’. 

8 (b) ATTESTATION BY HEALTH CARE WORKERS.— 

9 (1) ATTESTATION REQUIREMENT.—Section 

10 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended by add11 ing at the end the following: 

12 ‘‘(E) HEALTH CARE WORKERS WITH

13 OTHER OBLIGATIONS.— 

14 ‘‘(i) IN GENERAL.—An alien who 

15 seeks to enter the United States for the 

16 purpose of performing labor as a physician 

17 or other health care worker is inadmissible 

18 unless the alien submits to the Secretary of 

19 Homeland Security or the Secretary of 

20 State, as appropriate, an attestation that 

21 the alien is not seeking to enter the United 

22 States for such purpose during any period 

23 in which the alien has an outstanding obli24 gation to the government of the alien’s 


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1 country of origin or the alien’s country of 

2 residence. 

3 ‘‘(ii) OBLIGATION DEFINED.—In this 

4 subparagraph, the term ‘obligation’ means 

5 an obligation incurred as part of a valid, 

6 voluntary individual agreement in which 

7 the alien received financial assistance to 

8 defray the costs of education or training to 

9 qualify as a physician or other health care 

10 worker in consideration for a commitment 

11 to work as a physician or other health care 

12 worker in the alien’s country of origin or 

13 the alien’s country of residence. 

14 ‘‘(iii) WAIVER.—The Secretary of 

15 Homeland Security may waive a finding of 

16 inadmissibility under clause (i) if the Sec17 retary determines that— 

18 ‘‘(I) the obligation was incurred 

19 by coercion or other improper means; 

20 ‘‘(II) the alien and the govern21 ment of the country to which the alien 

22 has an outstanding obligation have 

23 reached a valid, voluntary agreement, 

24 pursuant to which the alien’s obliga25 tion has been deemed satisfied, or the 


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1 alien has shown to the satisfaction of 

2 the Secretary that the alien has been 

3 unable to reach such an agreement 

4 because of coercion or other improper 

5 means; or 

6 ‘‘(III) the obligation should not 

7 be enforced due to other extraordinary 

8 circumstances, including undue hard9 ship that would be suffered by the 

10 alien in the absence of a waiver.’’. 

11 (2) EFFECTIVE DATE.—The amendment made 

12 by paragraph (1) shall take effect on the date that 

13 is 180 days after the date of the enactment of this 

14 Act. 

15 (3) APPLICATION.—Not later than the effective 

16 date described in paragraph (2), the Secretary shall 

17 begin to carry out subparagraph (E) of section 

18 212(a)(5) of the Immigration and Nationality Act, 

19 as added by paragraph (1), including the require20 ment for the attestation and the granting of a waiv21 er described in clause (iii) of such subparagraph (E), 

22 regardless of whether regulations to implement such 

23 subparagraph have been promulgated. 


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1 SEC. 2318. EXTENSION AND IMPROVEMENT OF THE IRAQI 

2 SPECIAL IMMIGRANT VISA PROGRAM. 

3 The Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 

4 1157 note) is amended— 

5 (1) in section 1242, by amending subsection (c) 

6 to read as follows: 

7 ‘‘(c) IMPROVED APPLICATION PROCESS.—Not later 

8 than 120 days after the date of the enactment of the Bor9 der Security, Economic Opportunity, and Immigration 

10 Modernization Act, the Secretary of State and the Sec11 retary of Homeland Security, in consultation with the Sec12 retary of Defense, shall improve the efficiency by which 

13 applications for special immigrant visas under section 

14 1244(a) are processed so that all steps incidental to the 

15 issuance of such visas, including required screenings and 

16 background checks, are completed not later than 9 months 

17 after the date on which an eligible alien applies for such 

18 visa.’’; 

19 (2) in section 1244— 

20 (A) in subsection (b)— 

21 (i) in paragraph (1)— 

22 (I) by amending subparagraph 

23 (B) to read as follows: 

24 ‘‘(B) was or is employed in Iraq on or 

25 after March 20, 2003, for not less than 1 year, 

26 by, or on behalf of— 


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1 ‘‘(i) the United States Government; 

2 ‘‘(ii) a media or nongovernmental or3 ganization headquartered in the United 

4 States; or 

5 ‘‘(iii) an organization or entity closely 

6 associated with the United States mission 

7 in Iraq that has received United States 

8 Government funding through an official 

9 and documented contract, award, grant, or 

10 cooperative agreement;’’; 

11 (II) in subparagraph (C), by 

12 striking ‘‘the United States Govern13 ment’’ and inserting ‘‘an entity or or14 ganization described in subparagraph 

15 (B)’’; and 

16 (III) in subparagraph (D), by 

17 striking by striking ‘‘the United 

18 States Government.’’ and inserting 

19 ‘‘such entity or organization.’’; and 

20 (ii) in paragraph (4)— 

21 (I) by striking ‘‘A recommenda22 tion’’ and inserting the following: 

23 ‘‘(A) IN GENERAL.—Except as provided 

24 under subparagraph (B), a recommendation’’; 


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1 (II) by striking ‘‘the United 

2 States Government prior’’ and insert3 ing ‘‘an entity or organization de4 scribed in paragraph (1)(B) prior’’; 

5 and 

6 (III) by adding at the end the 

7 following: 

8 ‘‘(B) REVIEW PROCESS FOR DENIAL BY

9 CHIEF OF MISSION.— 

10 ‘‘(i) IN GENERAL.—An applicant who 

11 has been denied Chief of Mission approval 

12 required by subparagraph (A) shall— 

13 ‘‘(I) receive a written decision; 

14 and 

15 ‘‘(II) be provided 120 days from 

16 the date of the decision to request re17 opening of the decision to provide ad18 ditional information, clarify existing 

19 information, or explain any unfavor20 able information. 

21 ‘‘(ii) SENIOR COORDINATOR.—The 

22 Secretary of State shall designate, in the 

23 Embassy of the United States in Baghdad, 

24 Iraq, a senior coordinator responsible for 

25 overseeing the efficiency and integrity of 


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1 the processing of special immigrant visas 

2 under this section, who shall be given— 

3 ‘‘(I) sufficiently high security 

4 clearance to review Chief of Mission 

5 denials in cases that appear to have 

6 relied upon insufficient or incorrect 

7 information; and 

8 ‘‘(II) responsibility for ensuring 

9 that an applicant described in clause 

10 (i) receives the information described 

11 in clause (i)(I).’’; and 

12 (B) in subsection (c)(3), by adding at the 

13 end the following: 

14 ‘‘(C) SUBSEQUENT FISCAL YEARS.—Not15 withstanding subparagraphs (A) and (B), and 

16 consistent with subsection (b), any unused bal17 ance of the total number of principal aliens who 

18 may be provided special immigrant status under 

19 this section in fiscal years 2008 through 2012 

20 may be carried forward and provided through 

21 the end of fiscal year 2018.’’; and 

22 (3) in section 1248, by adding at the end the 

23 following: 

24 ‘‘(f) REPORT ON IMPROVEMENTS.— 


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1 ‘‘(1) IN GENERAL.—Not later than 120 days 

2 after the date of the enactment of the Border Secu3 rity, Economic Opportunity, and Immigration Mod4 ernization Act, the Secretary of State and the Sec5 retary of Homeland Security, in consultation with 

6 the Secretary of Defense, shall submit a report, with 

7 a classified annex, if necessary, to— 

8 ‘‘(A) the Committee on the Judiciary of 

9 the Senate; 

10 ‘‘(B) the Committee on Foreign Relations 

11 of the Senate; 

12 ‘‘(C) the Committee on the Judiciary of 

13 the House of Representatives; and 

14 ‘‘(D) the Committee on Foreign Affairs of 

15 the House of Representatives. 

16 ‘‘(2) CONTENTS.—The report submitted under 

17 paragraph (1) shall describe the implementation of 

18 improvements to the processing of applications for 

19 special immigrant visas under section 1244(a), in20 cluding information relating to— 

21 ‘‘(A) enhancing existing systems for con22 ducting background and security checks of per23 sons applying for special immigrant status, 

24 which shall— 

25 ‘‘(i) support immigration security; and 


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1 ‘‘(ii) provide for the orderly processing 

2 of such applications without delay; 

3 ‘‘(B) the financial, security, and personnel 

4 considerations and resources necessary to carry 

5 out this subtitle; 

6 ‘‘(C) the number of aliens who have ap7 plied for special immigrant visas under section 

8 1244 during each month of the preceding fiscal 

9 year; 

10 ‘‘(D) the reasons for the failure to expedi11 tiously process any applications that have been 

12 pending for longer than 9 months; 

13 ‘‘(E) the total number of applications that 

14 are pending due to the failure— 

15 ‘‘(i) to receive approval from the Chief 

16 of Mission; 

17 ‘‘(ii) for U.S. Citizenship and Immi18 gration Services to complete the adjudica19 tion of the Form I–360; 

20 ‘‘(iii) to conduct a visa interview; or 

21 ‘‘(iv) to issue the visa to an eligible 

22 alien; 

23 ‘‘(F) the average wait times for an appli24 cant at each of the stages described in subpara25 graph (E); 


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1 ‘‘(G) the number of denials or rejections at 

2 each of the stages described in subparagraph 

3 (E); and 

4 ‘‘(H) a breakdown of reasons for denials at 

5 by the Chief of Mission based on the categories 

6 already made available to denied special immi7 grant visa applicants in the denial letter sent to 

8 them by the Chief of Mission. 

9 ‘‘(g) PUBLIC QUARTERLY REPORTS.—Not later than 

10 120 days after the date of the enactment of the Border 

11 Security, Economic Opportunity, and Immigration Mod12 ernization Act, and every 3 months thereafter, the Sec13 retary of State and the Secretary of Homeland Security, 

14 in consultation with the Secretary of Defense, shall pub15 lish a report on the website of the Department of State 

16 that describes the efficiency improvements made in the 

17 process by which applications for special immigrant visas 

18 under section 1244(a) are processed, including informa19 tion described in subparagraphs (C) through (H) of sub20 section (f)(2).’’. 

21 SEC. 2319. EXTENSION AND IMPROVEMENT OF THE AF22 GHAN SPECIAL IMMIGRANT VISA PROGRAM. 

23 Section 602(b) of the Afghan Allies Protection Act 

24 of 2009 (8 U.S.C. 1101 note) is amended— 

25 (1) in paragraph (2)— 


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1 (A) in subparagraph (A)— 

2 (i) by amending clause (ii) to read as 

3 follows: 

4 ‘‘(ii) was or is employed in Afghani5 stan on or after October 7, 2001, for not 

6 less than 1 year, by, or on behalf of— 

7 ‘‘(I) the United States Govern8 ment; 

9 ‘‘(II) a media or nongovern10 mental organization headquartered in 

11 the United States; or 

12 ‘‘(III) an organization or entity 

13 closely associated with the United 

14 States mission in Afghanistan that 

15 has received United States Govern16 ment funding through an official and 

17 documented contract, award, grant, or 

18 cooperative agreement;’’; 

19 (ii) in clause (iii), by striking ‘‘the 

20 United States Government’’ and inserting 

21 ‘‘an entity or organization described in 

22 clause (ii)’’; and 

23 (iii) in clause (iv), by striking by 

24 striking ‘‘the United States Government.’’ 


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1 and inserting ‘‘such entity or organiza2 tion.’’; 

3 (B) by amending subparagraph (B) to read 

4 as follows: 

5 ‘‘(B) FAMILY MEMBERS.—An alien is de6 scribed in this subparagraph if the alien is— 

7 ‘‘(i) the spouse or minor child of a 

8 principal alien described in subparagraph 

9 (A) who is accompanying or following to 

10 join the principal alien in the United 

11 States; or 

12 ‘‘(ii)(I) the spouse, child, parent, or 

13 sibling of a principal alien described in 

14 subparagraph (A), whether or not accom15 panying or following to join; and 

16 ‘‘(II) has experienced or is experi17 encing an ongoing serious threat as a con18 sequence of the qualifying employment of a 

19 principal alien described in subparagraph 

20 (A).’’; and 

21 (C) in subparagraph (D)— 

22 (i) by striking ‘‘A recommendation’’ 

23 and inserting the following: 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided under clause (ii), a recommenda3 tion’’; 

4 (ii) by striking ‘‘the United States 

5 Government prior’’ and inserting ‘‘an enti6 ty or organization described in paragraph 

7 (2)(A)(ii) prior’’; and 

8 (iii) by adding at the end the fol9 lowing: 

10 ‘‘(ii) REVIEW PROCESS FOR DENIAL

11 BY CHIEF OF MISSION.— 

12 ‘‘(I) IN GENERAL.—An applicant 

13 who has been denied Chief of Mission 

14 approval shall— 

15 ‘‘(aa) receive a written deci16 sion; and 

17 ‘‘(bb) be provided 120 days 

18 from the date of receipt of such 

19 opinion to request reconsider20 ation of the decision to provide 

21 additional information, clarify ex22 isting information, or explain any 

23 unfavorable information. 

24 ‘‘(II) SENIOR COORDINATOR.— 

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1 ignate, in the Embassy of the United 

2 States in Kabul, Afghanistan, a senior 

3 coordinator responsible for overseeing 

4 the efficiency and integrity of the 

5 processing of special immigrant visas 

6 under this section, who shall be 

7 given— 

8 ‘‘(aa) sufficiently high secu9 rity clearance to review Chief of 

10 Mission denials in cases that ap11 pear to have relied upon insuffi12 cient or incorrect information; 

13 and 

14 ‘‘(bb) responsibility for en15 suring that an applicant de16 scribed in subclause (I) receives 

17 the information described in sub18 clause (I)(aa).’’; 

19 (2) in paragraph (3)(C), by amending clause 

20 (iii) to read as follows: 

21 ‘‘(iii) FISCAL YEARS 2014 THROUGH

22 2018.—For each of the fiscal years 2014 

23 through 2018, the total number of prin24 cipal aliens who may be provided special 


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1 immigrant status under this section may 

2 not exceed the sum of— 

3 ‘‘(I) 5,000; 

4 ‘‘(II) the difference between the 

5 number of special immigrant visas al6 located under this section for fiscal 

7 years 2009 through 2013 and the 

8 number of such allocated visas that 

9 were issued; and 

10 ‘‘(III) any unused balance of the 

11 total number of principal aliens who 

12 may be provided special immigrant 

13 status in fiscal years 2014 through 

14 2018 that have been carried for15 ward.’’; 

16 (3) in paragraph (4)— 

17 (A) in the heading, by striking ‘‘PROHIBI18 TION ON FEES.—’’ and inserting ‘‘APPLICATION

19 PROCESS.—’’; 

20 (B) by striking ‘‘The Secretary’’ and in21 serting the following: 

22 ‘‘(A) IN GENERAL.—Not later than 120 

23 days after the date of enactment of the Border 

24 Security, Economic Opportunity, and Immigra25 tion Modernization Act, the Secretary of State 


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1 and the Secretary of Homeland Security, in 

2 consultation with the Secretary of Defense, 

3 shall improve the efficiency by which applica4 tions for special immigrant visas under para5 graph (1) are processed so that all steps inci6 dental to the issuance of such visas, including 

7 required screenings and background checks, are 

8 completed not later than 6 months after the 

9 date on which an eligible alien applies for such 

10 visa. 

11 ‘‘(B) PROHIBITION ON FEES.—The Sec12 retary’’; and 

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

14 ‘‘(12) REPORT ON IMPROVEMENTS.—Not later 

15 than 120 days after the date of the enactment of the 

16 Border Security, Economic Opportunity, and Immi17 gration Modernization Act, the Secretary of State 

18 and the Secretary of Homeland Security, in con19 sultation with the Secretary of Defense, shall submit 

20 to the appropriate committees of Congress a report, 

21 with a classified annex, if necessary, that describes 

22 the implementation of improvements to the proc23 essing of applications for special immigrant visas 

24 under this subsection, including information relating 

25 to— 


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1 ‘‘(A) enhancing existing systems for con2 ducting background and security checks of per3 sons applying for special immigrant status, 

4 which shall— 

5 ‘‘(i) support immigration security; and 

6 ‘‘(ii) provide for the orderly processing 

7 of such applications without delay; 

8 ‘‘(B) the financial, security, and personnel 

9 considerations and resources necessary to carry 

10 out this section; 

11 ‘‘(C) the number of aliens who have ap12 plied for special immigrant visas under this 

13 subsection during each month of the preceding 

14 fiscal year; 

15 ‘‘(D) the reasons for the failure to expedi16 tiously process any applications that have been 

17 pending for longer than 9 months; 

18 ‘‘(E) the total number of applications that 

19 are pending due to the failure— 

20 ‘‘(i) to receive approval from the Chief 

21 of Mission; 

22 ‘‘(ii) for U.S. Citizenship and Immi23 gration Services to complete the adjudica24 tion of the Form I–360; 

25 ‘‘(iii) to conduct a visa interview; or 


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1 ‘‘(iv) to issue the visa to an eligible 

2 alien; 

3 ‘‘(F) the average wait times for an appli4 cant at each of the stages described in subpara5 graph (E); 

6 ‘‘(G) the number of denials or rejections at 

7 each of the stages described in subparagraph 

8 (E); and 

9 ‘‘(H) a breakdown of reasons for denials 

10 by the Chief of Mission based on the categories 

11 already made available to denied special immi12 grant visa applicants in the denial letter sent to 

13 them by the Chief of Mission. 

14 ‘‘(13) PUBLIC QUARTERLY REPORTS.—Not 

15 later than 120 days after the date of the enactment 

16 of the Border Security, Economic Opportunity, and 

17 Immigration Modernization Act, and every 3 months 

18 thereafter, the Secretary of State and the Secretary 

19 of Homeland Security, in consultation with the Sec20 retary of Defense, shall publish a report on the 

21 website of the Department of State that describes 

22 the efficiency improvements made in the process by 

23 which applications for special immigrant visas under 

24 this subsection are processed, including information 


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1 described in subparagraph (C) through (H) of para2 graph (12).’’. 

3 SEC. 2320. SPECIAL IMMIGRANT NONMINISTER RELIGIOUS 

4 WORKER PROGRAM. 

5 Section 101(a)(27)(C)(ii) (8 U.S.C. 1101 

6 (a)(27)(C)(ii)) is amended in subclauses (II) and (III) by 

7 striking ‘‘before September 30, 2015,’’ both places such 

8 term appears. 

9 SEC. 2321. SPECIAL IMMIGRANT STATUS FOR CERTAIN SUR10 VIVING SPOUSES AND CHILDREN. 

11 (a) IN GENERAL.—Section 101(a)(27) (8 U.S.C. 

12 1101(a)(27)) is amended in subparagraph (D)— 

13 (1) by inserting ‘‘(i)’’ before ‘‘an immigrant 

14 who is an employee’’; 

15 (2) by inserting ‘‘or’’ after ‘‘grant such sta16 tus;’’; and 

17 (3) by inserting after clause (i), as designated 

18 by paragraph (1), the following: 

19 ‘‘(ii) an immigrant who is the surviving 

20 spouse or child of an employee of the United 

21 States Government abroad killed in the line of 

22 duty, provided that the employee had performed 

23 faithful service for a total of 15 years, or more, 

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1 ican Institute of Taiwan, the Director thereof) 

2 in his or her discretion, recommends the grant3 ing of special immigrant status to the spouse or 

4 child and the Secretary of State approves such 

5 recommendation and finds that it is in the na6 tional interest to grant such status;’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 subsection (a) take effect beginning on January 31, 2013, 

9 and shall have retroactive effect. 

10 SEC. 2322. REUNIFICATION OF CERTAIN FAMILIES OF FILI11 PINO VETERANS OF WORLD WAR II. 

12 (a) SHORT TITLE.—This section may be cited as the 

13 ‘‘Filipino Veterans Family Reunification Act’’. 

14 (b) EXEMPTION FROM IMMIGRANT VISA LIMIT.— 

15 Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by 

16 sections 2103(c), 2212(d), and 2307(b), is further amend17 ed by adding at the end the following: 

18 ‘‘(O) Aliens who— 

19 ‘‘(i) are the sons or daughters of a citizen 

20 of the United States; and 

21 ‘‘(ii) have a parent (regardless of whether 

22 the parent is living or dead) who was natural23 ized pursuant to— 


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1 ‘‘(I) section 405 of the Immigration 

2 Act of 1990 (Public Law 101–649; 8 

3 U.S.C. 1440 note); or 

4 ‘‘(II) title III of the Act of October 

5 14, 1940 (54 Stat. 1137, chapter 876), as 

6 added by section 1001 of the Second War 

7 Powers Act, 1942 (56 Stat. 182, chapter 

8 199).’’. 

9 SEC. 2323. ENSURING COMPLIANCE WITH RESTRICTIONS 

10 ON WELFARE AND PUBLIC BENEFITS FOR 

11 ALIENS. 

12 (a) GENERAL PROHIBITION.—No officer or employee 

13 of the Federal Government may— 

14 (1) waive compliance with any requirement in 

15 title IV of the Personal Responsibility and Work Op16 portunity Reconciliation Act of 1996 (8 U.S.C. 1601 

17 et seq.) in effect on the date of enactment of this 

18 Act or with any restriction on eligibility for any form 

19 of assistance or benefit described in section 403(a) 

20 of the Personal Responsibility and Work Oppor21 tunity Reconciliation Act of 1996 (8 U.S.C. 

22 1613(a)) established under a provision of this Act or 

23 an amendment made by this Act; 

24 (2) waive the prohibition under subsection 

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1 tionality Act (as added by section 2101 of this Act) 

2 on eligibility for Federal means-tested public bene3 fits for any alien granted registered provisional im4 migrant status under section 245B of the Immigra5 tion and Nationality Act; 

6 (3) waive the prohibition under subsection 

7 (c)(3) of section 2211 of this Act on eligibility for 

8 Federal means-tested public benefits for any alien 

9 granted blue card status under that section; 

10 (4) waive the prohibition under subsection (c) 

11 of section 2309 of this Act on eligibility for Federal 

12 means-tested public benefits for any noncitizen who 

13 is lawfully present in the United States pursuant to 

14 section 101(a)(15)(V) of the Immigration and Na15 tionality Act (8 U.S.C. 1101(a)(15)(V)) (as amend16 ed by section 2309(a)); or 

17 (5) waive the prohibition under subsection 

18 (w)(2)(C) of section 214 of the Immigration and Na19 tionality Act (8 U.S.C. 1184(w)(2)(C)) (as added by 

20 section 4504(b) of this Act) on eligibility for any as21 sistance or benefits described in section 403(a) of 

22 the Personal Responsibility and Work Opportunity 

23 Reconciliation Act of 1996 (8 U.S.C. 1613(a)) for 

24 any alien described in section 101(a)(15)(Y) of the 

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


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1 1101(a)(15)(Y) (as added by section 4504 of this 

2 Act) who is issued a nonimmigrant visa. 

3 (b) ENSURING COMPLIANCE WITH FEDERAL WEL4 FARE LAW.— 

5 (1) NO WAIVER OF REQUIREMENTS.—Notwith6 standing section 1115(a) of the Social Security Act 

7 (42 U.S.C. 1315(a)), the Secretary of Health and 

8 Human Services shall not waive compliance by a 

9 State, or otherwise permit a State to not comply, 

10 with the requirements for the temporary assistance 

11 for needy families program referenced in section 

12 408(e) of the Social Security Act (42 U.S.C. 608(e)) 

13 and the requirements for that program in section 

14 408(g) of such Act (42 U.S.C. 608(g)). 

15 (2) NO WAIVER OF PENALTIES.—The Secretary 

16 of Health and Human Services shall apply section 

17 409 of the Social Security Act (42 U.S.C. 609) to 

18 any State that fails to comply with any of the re19 quirements specified in paragraph (1). 

20 Subtitle D—Conrad State 30 and 

21 Physician Access 

22 SEC. 2401. CONRAD STATE 30 PROGRAM. 

23 Section 220(c) of the Immigration and Nationality 

24 Technical Corrections Act of 1994 (Public Law 103–416; 


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1 8 U.S.C. 1182 note) is amended by striking ‘‘and before 

2 September 30, 2015’’. 

3 SEC. 2402. RETAINING PHYSICIANS WHO HAVE PRACTICED 

4 IN MEDICALLY UNDERSERVED COMMU5 NITIES. 

6 Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended 

7 by sections 2103(c), 2212(d)(2), 2307(b), and 2323(b) is 

8 further amended by adding at the end the following: 

9 ‘‘(P)(i) Alien physicians who have completed 

10 service requirements of a waiver requested under 

11 section 203(b)(2)(B)(ii), including alien physicians 

12 who completed such service before the date of the 

13 enactment of the Border Security, Economic Oppor14 tunity, and Immigration Modernization Act and any 

15 spouses or children of such alien physicians. 

16 ‘‘(ii) Nothing in this subparagraph may be con17 strued— 

18 ‘‘(I) to prevent the filing of a petition with 

19 the Secretary of Homeland Security for classi20 fication under section 204(a) or the filing of an 

21 application for adjustment of status under sec22 tion 245 by an alien physician described in this 

23 subparagraph prior to the date by which such 

24 alien physician has completed the service de25 scribed in section 214(l) or worked full-time as 


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1 a physician for an aggregate of 5 years at the 

2 location identified in the section 214(l) waiver 

3 or in an area or areas designated by the Sec4 retary of Health and Human Services as having 

5 a shortage of health care professionals; or 

6 ‘‘(II) to permit the Secretary of Homeland 

7 Security to grant such a petition or application 

8 until the alien has satisfied all the requirements 

9 of the waiver received under section 214(l).’’. 

10 SEC. 2403. EMPLOYMENT PROTECTIONS FOR PHYSICIANS. 

11 (a) IN GENERAL.—Section 214(l)(1)(C) (8 U.S.C. 

12 1184(l)(1)(C)) is amended by striking clauses (i) and (ii) 

13 and inserting the following: 

14 ‘‘(i) the alien demonstrates a bona fide 

15 offer of full-time employment, at a health care 

16 organization, which employment has been deter17 mined by the Secretary of Homeland Security 

18 to be in the public interest; and 

19 ‘‘(ii) the alien agrees to begin employment 

20 with the health facility or health care organiza21 tion in a geographic area or areas which are 

22 designated by the Secretary of Health and 

23 Human Services as having a shortage of health 

24 care professionals by the later of the date that 

25 is 90 days after receiving such waiver, 90 days 


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1 after completing graduate medical education or 

2 training under a program approved pursuant to 

3 section 212(j)(1), or 90 days after receiving 

4 nonimmigrant status or employment authoriza5 tion, provided that the alien or the alien’s em6 ployer petitions for such nonimmigrant status 

7 or employment authorization within 90 days of 

8 completing graduate medical education or train9 ing and agrees to continue to work for a total 

10 of not less than 3 years in any status author11 ized for such employment under this subsection, 

12 unless— 

13 ‘‘(I) the Secretary determines that ex14 tenuating circumstances exist that justify a 

15 lesser period of employment at such facility 

16 or organization, in which case the alien 

17 shall demonstrate another bona fide offer 

18 of employment at a health facility or 

19 health care organization, for the remainder 

20 of such 3-year period; 

21 ‘‘(II) the interested agency that re22 quested the waiver attests that extenuating 

23 circumstances exist that justify a lesser pe24 riod of employment at such facility or or25 ganization in which case the alien shall 


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1 demonstrate another bona fide offer of em2 ployment at a health facility or health care 

3 organization so designated by the Sec4 retary of Health and Human Services, for 

5 the remainder of such 3-year period; or 

6 ‘‘(III) if the alien elects not to pursue 

7 a determination of extenuating cir8 cumstances pursuant to subclause (I) or 

9 (II), the alien terminates the alien’s em10 ployment relationship with such facility or 

11 organization, in which case the alien shall 

12 be employed for the remainder of such 3- 

13 year period, and 1 additional year for each 

14 termination, at another health facility or 

15 health care organization in a geographic 

16 area or areas which are designated by the 

17 Secretary of Health and Human Services 

18 as having a shortage of health care profes19 sionals; and’’. 

20 (b) PHYSICIAN EMPLOYMENT IN UNDERSERVED

21 AREAS.—Section 214(l)(1) (8 U.S.C. 1184(l)(1)), as 

22 amended by subsection (a), is further amended by adding 

23 at the end the following: 

24 ‘‘(E) If a physician pursuing graduate medical 

25 education or training pursuant to section 


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1 101(a)(15)(J) applies for a Conrad J–1 waiver with 

2 an interested State department of health and the ap3 plication is denied because the State has requested 

4 the maximum number of waivers permitted for that 

5 fiscal year, the physician’s nonimmigrant status 

6 shall be automatically extended for 6 months if the 

7 physician agrees to seek a waiver under this sub8 section (except for subparagraph (D)(ii)) to work for 

9 an employer in a State that has not yet requested 

10 the maximum number of waivers. The physician 

11 shall be authorized to work only for such employer 

12 from the date on which a new waiver application is 

13 filed with the State until the date on which the Sec14 retary of Homeland Security denies such waiver or 

15 issues work authorization for such employment pur16 suant to the approval of such waiver.’’. 

17 (c) GRADUATE MEDICAL EDUCATION OR TRAIN18 ING.—Section 214(h)(1), as amended by section 4401(b) 

19 of this Act, is further amended by inserting ‘‘(J) (if enter20 ing the United States for graduate medical education or 

21 training),’’ after ‘‘(H)(i)(c),’’. 

22 (d) CONTRACT REQUIREMENTS.—Section 214(l) (8 

23 U.S.C. 1184(l)) is amended by adding at the end the fol24 lowing: 


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1 ‘‘(4) An alien granted a waiver under paragraph 

2 (1)(C) shall enter into an employment agreement with the 

3 contracting health facility or health care organization 

4 that— 

5 ‘‘(A) specifies the maximum number of on-call 

6 hours per week (which may be a monthly average) 

7 that the alien will be expected to be available and 

8 the compensation the alien will receive for on-call 

9 time; 

10 ‘‘(B) specifies whether the contracting facility 

11 or organization will pay for the alien’s malpractice 

12 insurance premiums, including whether the employer 

13 will provide malpractice insurance and, if so, the 

14 amount of such insurance that will be provided; 

15 ‘‘(C) describes all of the work locations that the 

16 alien will work and a statement that the contracting 

17 facility or organization will not add additional work 

18 locations without the approval of the Federal agency 

19 or State agency that requested the waiver; and 

20 ‘‘(D) does not include a non-compete provision. 

21 ‘‘(5) An alien granted a waiver under paragraph 

22 (1)(C) whose employment relationship with a health facil23 ity or health care organization terminates during the 3- 

24 year service period required by such paragraph— 


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1 ‘‘(A) shall have a period of 120 days beginning 

2 on the date of such termination of employment to 

3 submit to the Secretary of Homeland Security appli4 cations or petitions to commence employment with 

5 another contracting health facility or health care or6 ganization in a geographic area or areas which are 

7 designated by the Secretary of Health and Human 

8 Services as having a shortage of health care profes9 sionals; 

10 ‘‘(B) shall be considered to be maintaining law11 ful status in an authorized stay during the 120-day 

12 period referred to in subsection (A); and 

13 ‘‘(C) shall not be considered to be fulfilling the 

14 3-year term of service during the 120-day period re15 ferred to in subparagraph (A).’’. 

16 SEC. 2404. ALLOTMENT OF CONRAD 30 WAIVERS. 

17 (a) IN GENERAL.—Section 214(l) (8 U.S.C. 1184(l)), 

18 as amended by section 2403, is further amended by adding 

19 at the end the following: 

20 ‘‘(6)(A)(i) All States shall be allotted a total of 35 

21 waivers under paragraph (1)(B) for a fiscal year if 90 per22 cent of the waivers available to the States receiving at 

23 least 5 waivers were used in the previous fiscal year. 

24 ‘‘(ii) When an allocation has occurred under clause 

25 (i), all States shall be allotted an additional 5 waivers 


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1 under paragraph (1)(B) for each subsequent fiscal year 

2 if 90 percent of the waivers available to the States receiv3 ing at least 5 waivers were used in the previous fiscal year. 

4 If the States are allotted 45 or more waivers for a fiscal 

5 year, the States will only receive an additional increase 

6 of 5 waivers the following fiscal year if 95 percent of the 

7 waivers available to the States receiving at least 1 waiver 

8 were used in the previous fiscal year. 

9 ‘‘(B) Any increase in allotments under subparagraph 

10 (A) shall be maintained indefinitely, unless in a fiscal year, 

11 the total number of such waivers granted is 5 percent 

12 lower than in the last year in which there was an increase 

13 in the number of waivers allotted pursuant to this para14 graph, in which case— 

15 ‘‘(i) the number of waivers allotted shall be de16 creased by 5 for all States beginning in the next fis17 cal year; and 

18 ‘‘(ii) each additional 5 percent decrease in such 

19 waivers granted from the last year in which there 

20 was an increase in the allotment, shall result in an 

21 additional decrease of 5 waivers allotted for all 

22 States, provided that the number of waivers allotted 

23 for all States shall not drop below 30.’’. 

24 (b) ACADEMIC MEDICAL CENTERS.—Section 

25 214(l)(1)(D) (8 U.S.C. 1184(l)(1)(D)) is amended— 


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1 (1) in clause (ii), by striking ‘‘and’’ at the end; 

2 (2) in clause (iii), by striking the period at the 

3 end and inserting ‘‘; and’’; and 

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

5 ‘‘(iv) in the case of a request by an inter6 ested State agency— 

7 ‘‘(I) the head of such agency deter8 mines that the alien is to practice medicine 

9 in, or be on the faculty of a residency pro10 gram at, an academic medical center (as 

11 that term is defined in section 

12 411.355(e)(2) of title 42, Code of Federal 

13 Regulations, or similar successor regula14 tion), without regard to whether such facil15 ity is located within an area designated by 

16 the Secretary of Health and Human Serv17 ices as having a shortage of health care 

18 professionals; and 

19 ‘‘(II) the head of such agency deter20 mines that— 

21 ‘‘(aa) the alien physician’s work 

22 is in the public interest; and 

23 ‘‘(bb) the grant of such waiver 

24 would not cause the number of the 

25 waivers granted on behalf of aliens for 


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1 such State for a fiscal year (within 

2 the limitation in subparagraph (B) 

3 and subject to paragraph (6)) in ac4 cordance with the conditions of this 

5 clause to exceed 3.’’. 

6 SEC. 2405. AMENDMENTS TO THE PROCEDURES, DEFINI7 TIONS, AND OTHER PROVISIONS RELATED TO 

8 PHYSICIAN IMMIGRATION. 

9 (a) ALLOWABLE VISA STATUS FOR PHYSICIANS FUL10 FILLING WAIVER REQUIREMENTS IN MEDICALLY UNDER11 SERVED AREAS.—Section 214(l)(2)(A) (8 U.S.C. 

12 1184(l)(2)(A)) is amended by striking ‘‘an alien described 

13 in section 101(a)(15)(H)(i)(b).’’ and inserting ‘‘any status 

14 authorized for employment under this Act.’’. 

15 (b) SHORT TERM WORK AUTHORIZATION FOR PHY16 SICIANS COMPLETING THEIR RESIDENCIES.—A physician 

17 completing graduate medical education or training as de18 scribed in section 212(j) of the Immigration and Nation19 ality Act (8 U.S.C. 1182(j)) as a nonimmigrant described 

20 in section 101(a)(15)(H)(i) of such Act (8 U.S.C. 

21 1101(a)(15)(H)(i)) shall have such nonimmigrant status 

22 automatically extended until October 1 of the fiscal year 

23 for which a petition for a continuation of such non24 immigrant status has been submitted in a timely manner 

25 and where the employment start date for the beneficiary 


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1 of such petition is October 1 of that fiscal year. Such phy2 sician shall be authorized to be employed incident to status 

3 during the period between the filing of such petition and 

4 October 1 of such fiscal year. However, the physician’s 

5 status and employment authorization shall terminate 30 

6 days from the date such petition is rejected, denied, or 

7 revoked. A physician’s status and employment authoriza8 tion will automatically extend to October 1 of the next fis9 cal year if all visas as described in such section 

10 101(a)(15)(H)(i) authorized to be issued for the fiscal 

11 year have been issued. 

12 (c) APPLICABILITY OF SECTION 212(e) TO SPOUSES

13 AND CHILDREN OF J–1 EXCHANGE VISITORS.—A spouse 

14 or child of an exchange visitor described in section 

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

16 U.S.C. 1101(a)(15)(J)) shall not be subject to the require17 ments of section 212(e) of the Immigration and Nation18 ality Act (8 U.S.C. 1182(e)). 

19 Subtitle E—Integration 

20 SEC. 2501. DEFINITIONS. 

21 In this subtitle: 

22 (1) CHIEF.—The term ‘‘Chief’’ means the Chief 

23 of the Office. 


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1 (2) FOUNDATION.—The term ‘‘Foundation’’ 

2 means the United States Citizenship Foundation es3 tablished pursuant to section 2531. 

4 (3) IEACA GRANTS.—The term ‘‘IEACA 

5 grants’’ means Initial Entry, Adjustment, and Citi6 zenship Assistance grants authorized under section 

7 2537. 

8 (4) IMMIGRANT INTEGRATION.—The term ‘‘im9 migrant integration’’ means the process by which 

10 immigrants— 

11 (A) join the mainstream of civic life by en12 gaging and sharing ownership in their local 

13 community, the United States, and the prin14 ciples of the Constitution; 

15 (B) attain financial self-sufficiency and up16 ward economic mobility for themselves and their 

17 family members; and 

18 (C) acquire English language skills and re19 lated cultural knowledge necessary to effectively 

20 participate in their community. 

21 (5) LINGUISTIC INTEGRATION.—The term ‘‘lin22 guistic integration’’ means the acquisition, by limited 

23 English proficient individuals, of English language 

24 skills and related cultural knowledge necessary to 


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1 meaningfully and effectively fulfill their roles as 

2 community members, family members, and workers. 

3 (6) OFFICE.—The term ‘‘Office’’ means the Of4 fice of Citizenship and New Americans established in 

5 U.S. Citizenship and Immigration Services under 

6 section 2511. 

7 (7) RECEIVING COMMUNITIES.—The term ‘‘re8 ceiving communities’’ means the long-term residents 

9 of the communities in which immigrants settle. 

10 (8) TASK FORCE.—The term ‘‘Task Force’’ 

11 means the Task Force on New Americans estab12 lished pursuant to section 2521. 

13 (9) USCF COUNCIL.—The term ‘‘USCF Coun14 cil’’ means the Council of Directors of the Founda15 tion. 

16 CHAPTER 1—CITIZENSHIP AND NEW 

17 AMERICANS 

18 Subchapter A—Office of Citizenship and New 

19 Americans 

20 SEC. 2511. OFFICE OF CITIZENSHIP AND NEW AMERICANS. 

21 (a) RENAMING OFFICE OF CITIZENSHIP.— 

22 (1) IN GENERAL.—Beginning on the date of the 

23 enactment of this Act, the Office of Citizenship in 

24 U.S. Citizenship and Immigration Services shall be 


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1 referred to as the ‘‘Office of Citizenship and New 

2 Americans’’. 

3 (2) REFERENCES.—Any reference in a law, reg4 ulation, document, paper, or other record of the 

5 United States to the Office of Citizenship in U.S. 

6 Citizenship and Immigration Services shall be 

7 deemed to be a reference to the Office of Citizenship 

8 and New Americans. 

9 (3) TECHNICAL AND CONFORMING AMEND10 MENTS.—Section 451 of the Homeland Security Act 

11 of 2002 (6 U.S.C. 271) is amended— 

12 (A) in the section heading, by striking 

13 ‘‘BUREAU OF’’ and inserting ‘‘U.S.’’; 

14 (B) in subsection (a)(1), by striking ‘‘the 

15 ‘Bureau of’’ and inserting ‘‘ ‘U.S.’’; 

16 (C) by striking ‘‘the Bureau of’’ each place 

17 such terms appears and inserting ‘‘U.S.’’; and 

18 (D) in subsection (f)— 

19 (i) by amending the subsection head20 ing to read as follows: ‘‘OFFICE OF CITI21 ZENSHIP AND NEW AMERICANS’’; and 

22 (ii) by striking paragraph (1) and in23 serting the following: 

24 ‘‘(1) CHIEF.—The Office of Citizenship and 

25 New Americans shall be within U.S. Citizenship and 


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1 Immigration Services and shall be headed by the 

2 Chief of the Office of Citizenship and New Ameri3 cans.’’. 

4 (b) FUNCTIONS.—Section 451(f) of such Act (6 

5 U.S.C. 271(f)), as amended by subsection (a)(3)(D), is 

6 further amended by striking paragraph (2) and inserting 

7 the following: 

8 ‘‘(2) FUNCTIONS.—The Chief of the Office of 

9 Citizenship and New Americans shall— 

10 ‘‘(A) promote institutions and provide 

11 training on citizenship responsibilities for aliens 

12 interested in becoming naturalized citizens of 

13 the United States, including the development of 

14 educational materials for such aliens; 

15 ‘‘(B) provide general leadership, consulta16 tion, and coordination of the immigrant integra17 tion programs across the Federal Government 

18 and with State and local entities; 

19 ‘‘(C) in coordination with the Task Force 

20 on New Americans established under section 

21 2521 of the Border Security, Economic Oppor22 tunity, and Immigration Modernization Act— 

23 ‘‘(i) advise the Director of U.S. Citi24 zenship and Immigration Services, the SecVerDate Mar 15 2010 19:31 Jul 09, 2013 Jkt 029200 PO 00000 Frm 00487 Fmt 6652 Sfmt 6201 E:\BILLS\S744.PAP S744

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1 retary of Homeland Security, and the Do2 mestic Policy Council, on— 

3 ‘‘(I) the challenges and opportu4 nities relating to the linguistic, eco5 nomic, and civic integration of immi6 grants and their young children and 

7 progress in meeting integration goals 

8 and indicators; and 

9 ‘‘(II) immigrant integration con10 siderations relating to Federal budg11 ets; 

12 ‘‘(ii) establish national goals for intro13 ducing new immigrants into the United 

14 States and measure the degree to which 

15 such goals are met; 

16 ‘‘(iii) evaluate the scale, quality, and 

17 effectiveness of Federal Government efforts 

18 in immigrant integration and provide ad19 vice on appropriate actions; and 

20 ‘‘(iv) identify the integration implica21 tions of new or proposed immigration poli22 cies and provide recommendations for ad23 dressing such implications; 

24 ‘‘(D) serve as a liaison and intermediary 

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1 tities to assist in establishing local goals, task 

2 forces, and councils to assist in— 

3 ‘‘(i) introducing immigrants into the 

4 United States; and 

5 ‘‘(ii) promoting citizenship education 

6 and awareness among aliens interested in 

7 becoming naturalized citizens of the United 

8 States; 

9 ‘‘(E) coordinate with other Federal agen10 cies to provide information to State and local 

11 governments on the demand for existing Fed12 eral and State English education programs and 

13 best practices for immigrants who recently ar14 rived in the United States; 

15 ‘‘(F) assist States in coordinating the ac16 tivities of the grant programs authorized under 

17 sections 2537 and 2538 of the Border Security, 

18 Economic Opportunity, and Immigration Mod19 ernization Act; 

20 ‘‘(G) submit a biennial report to the appro21 priate congressional committees that describes 

22 the activities of the Office of Citizenship and 

23 New Americans; and 

24 ‘‘(H) carry out such other functions and 

25 activities as Secretary may assign.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 subsections (a) and (b) shall take effect on the date that 

3 is 1 year after the date of the enactment of this Act. 

4 Subchapter B—Task Force on New 

5 Americans 

6 SEC. 2521. ESTABLISHMENT. 

7 (a) IN GENERAL.—The Secretary shall establish a 

8 Task Force on New Americans. 

9 (b) FULLY FUNCTIONAL.—The Task Force shall be 

10 fully functional not later than 18 months after the date 

11 of the enactment of this Act. 

12 SEC. 2522. PURPOSE. 

13 The purposes of the Task Force are— 

14 (1) to establish a coordinated Federal program 

15 and policy response to immigrant integration issues; 

16 and 

17 (2) to advise and assist the Federal Govern18 ment in identifying and fostering policies to carry 

19 out the policies and goals established under this 

20 chapter. 

21 SEC. 2523. MEMBERSHIP. 

22 (a) IN GENERAL.—The Task Force shall be com23 prised of— 

24 (1) the Secretary, who shall serve as Chair of 

25 the Task Force; 


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1 (2) the Secretary of the Treasury; 

2 (3) the Attorney General; 

3 (4) the Secretary of Commerce; 

4 (5) the Secretary of Labor; 

5 (6) the Secretary of Health and Human Serv6 ices; 

7 (7) the Secretary of Housing and Urban Devel8 opment; 

9 (8) the Secretary of Transportation; 

10 (9) the Secretary of Education; 

11 (10) the Director of the Office of Management 

12 and Budget; 

13 (11) the Administrator of the Small Business 

14 Administration; 

15 (12) the Director of the Domestic Policy Coun16 cil; 

17 (13) the Director of the National Economic 

18 Council; and 

19 (14) the National Security Advisor. 

20 (b) DELEGATION.—A member of the Task Force may 

21 delegate a senior official, at the Assistant Secretary, Dep22 uty Administrator, Deputy Director, or Assistant Attorney 

23 General level, to perform the functions of a Task Force 

24 member described in section 2524. 


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1 SEC. 2524. FUNCTIONS. 

2 (a) MEETINGS; FUNCTIONS.—The Task Force 

3 shall— 

4 (1) meet at the call of the Chair; and 

5 (2) perform such functions as the Secretary 

6 may prescribe. 

7 (b) COORDINATED RESPONSE.—The Task Force 

8 shall work with executive branch agencies— 

9 (1) to provide a coordinated Federal response 

10 to issues that impact the lives of new immigrants 

11 and receiving communities, including— 

12 (A) access to youth and adult education 

13 programming; 

14 (B) workforce training; 

15 (C) health care policy; 

16 (D) access to naturalization; and 

17 (E) community development challenges; 

18 and 

19 (2) to ensure that Federal programs and poli20 cies adequately address such impacts. 

21 (c) LIAISONS.—Members of the Task Force shall 

22 serve as liaisons to their respective agencies to ensure the 

23 quality and timeliness of their agency’s participation in ac24 tivities of the Task Force, including— 

25 (1) creating integration goals and indicators; 


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1 (2) implementing the biannual consultation 

2 process with the agency’s State and local counter3 parts; and 

4 (3) reporting on agency data collection, policy, 

5 and program efforts relating to achieving the goals 

6 and indicators referred to in paragraph (1). 

7 (d) RECOMMENDATIONS.—Not later than 18 months 

8 after the end of the period specified in section 2521(b), 

9 the Task Force shall— 

10 (1) provide recommendations to the Domestic 

11 Policy Council and the Secretary on the effects of 

12 pending legislation and executive branch policy pro13 posals; 

14 (2) suggest changes to Federal programs or 

15 policies to address issues of special importance to 

16 new immigrants and receiving communities; 

17 (3) review and recommend changes to policies 

18 that have a distinct impact on new immigrants and 

19 receiving communities; and 

20 (4) assist in the development of legislative and 

21 policy proposals of special importance to new immi22 grants and receiving communities. 


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1 CHAPTER 2—PUBLIC-PRIVATE 

2 PARTNERSHIP 

3 SEC. 2531. ESTABLISHMENT OF UNITED STATES CITIZEN4 SHIP FOUNDATION. 

5 The Secretary, acting through the Director of U.S. 

6 Citizenship and Immigration Services, is authorized to es7 tablish a nonprofit corporation or a not-for-profit, public 

8 benefit, or similar entity, which shall be known as the 

9 ‘‘United States Citizenship Foundation’’. 

10 SEC. 2532. FUNDING. 

11 (a) GIFTS TO FOUNDATION.—In order to carry out 

12 the purposes set forth in section 2533, the Foundation 

13 may— 

14 (1) solicit, accept, and make gifts of money and 

15 other property in accordance with section 501(c)(3) 

16 of the Internal Revenue Code of 1986; 

17 (2) engage in coordinated work with the De18 partment, including the Office and U.S. Citizenship 

19 and Immigration Services; and 

20 (3) accept, hold, administer, invest, and spend 

21 any gift, devise, or bequest of real or personal prop22 erty made to the Foundation. 

23 (b) GIFTS TO OFFICE OF CITIZENSHIP AND NEW

24 AMERICANS.—The Office may accept gifts from the Foun25 dation to support the functions of the Office. 


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1 SEC. 2533. PURPOSES. 

2 The purposes of the Foundation are— 

3 (1) to expand citizenship preparation programs 

4 for lawful permanent residents; 

5 (2) to provide direct assistance for aliens seek6 ing provisional immigrant status, legal permanent 

7 resident status, or naturalization as a United States 

8 citizen; and 

9 (3) to coordinate immigrant integration with 

10 State and local entities. 

11 SEC. 2534. AUTHORIZED ACTIVITIES. 

12 The Foundation shall carry out its purpose by— 

13 (1) making United States citizenship instruc14 tion and naturalization application services acces15 sible to low-income and other underserved lawful 

16 permanent resident populations; 

17 (2) developing, identifying, and sharing best 

18 practices in United States citizenship preparation; 

19 (3) supporting innovative and creative solutions 

20 to barriers faced by those seeking naturalization; 

21 (4) increasing the use of, and access to, tech22 nology in United States citizenship preparation pro23 grams; 

24 (5) engaging receiving communities in the 

25 United States citizenship and civic integration proc26 ess; 


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1 (6) administering the New Citizens Award Pro2 gram to recognize, in each calendar year, not more 

3 than 10 United States citizens who— 

4 (A) have made outstanding contributions 

5 to the United States; and 

6 (B) have been naturalized during the 10- 

7 year period ending on the date of such recogni8 tion; 

9 (7) fostering public education and awareness; 

10 (8) coordinating its immigrant integration ef11 forts with the Office; 

12 (9) awarding grants to eligible public or private 

13 nonprofit organizations under section 2537; and 

14 (10) awarding grants to State and local govern15 ments under section 2538. 

16 SEC. 2535. COUNCIL OF DIRECTORS. 

17 (a) MEMBERS.—To the extent consistent with section 

18 501(c)(3) of the Internal Revenue Code of 1986, the 

19 Foundation shall have a Council of Directors, which shall 

20 be comprised of— 

21 (1) the Director of U.S. Citizenship and Immi22 gration Services; 

23 (2) the Chief of the Office of Citizenship and 

24 New Americans; and 


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1 (3) 10 directors, appointed by the ex-officio di2 rectors designated in paragraphs (1) and (2), from 

3 national community-based organizations that pro4 mote and assist permanent residents with natu5 ralization. 

6 (b) APPOINTMENT OF EXECUTIVE DIRECTOR.—The 

7 USCF Council shall appoint an Executive Director, who 

8 shall oversee the day-to-day operations of the Foundation. 

9 SEC. 2536. POWERS. 

10 The Executive Director is authorized to carry out the 

11 purposes set forth in section 2533 on behalf of the Foun12 dation by— 

13 (1) accepting, holding, administering, investing, 

14 and spending any gift, devise, or bequest of real or 

15 personal property made to the Foundation; 

16 (2) entering into contracts and other financial 

17 assistance agreements with individuals, public or pri18 vate organizations, professional societies, and gov19 ernment agencies to carry out the functions of the 

20 Foundation; 

21 (3) entering into such other contracts, leases, 

22 cooperative agreements, and other transactions as 

23 the Executive Director considers appropriate to 

24 carry out the activities of the Foundation; and 


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1 (4) charging such fees for professional services 

2 furnished by the Foundation as the Executive Direc3 tor determines reasonable and appropriate. 

4 SEC. 2537. INITIAL ENTRY, ADJUSTMENT, AND CITIZENSHIP 

5 ASSISTANCE GRANT PROGRAM. 

6 (a) AUTHORIZATION.—The Secretary, acting through 

7 the Director of U.S. Citizenship and Immigration Serv8 ices, may award Initial Entry, Adjustment, and Citizen9 ship Assistance grants to eligible public or private, non10 profit organizations. 

11 (b) USE OF GRANT FUNDS.—IEACA grants shall be 

12 used for the design and implementation of programs that 

13 provide direct assistance, within the scope of the author14 ized practice of immigration law— 

15 (1) to aliens who are preparing an initial appli16 cation for registered provisional immigrant status 

17 under section 245B of the Immigration and Nation18 ality Act and to aliens who are preparing an initial 

19 application for blue card status under section 2211, 

20 including assisting applicants in— 

21 (A) screening to assess prospective appli22 cants’ potential eligibility or lack of eligibility; 

23 (B) completing applications; 

24 (C) gathering proof of identification, em25 ployment, residence, and tax payment; 


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1 (D) gathering proof of relationships of eli2 gible family members; 

3 (E) applying for any waivers for which ap4 plicants and qualifying family members may be 

5 eligible; and 

6 (F) any other assistance that the Secretary 

7 or grantee considers useful to aliens who are in8 terested in applying for registered provisional 

9 immigrant status; 

10 (2) to aliens seeking to adjust their status 

11 under section 245, 245B, 245C, or 245F of the Im12 migration and Nationality Act; 

13 (3) to legal permanent residents seeking to be14 come naturalized United States citizens; and 

15 (4) to applicants on— 

16 (A) the rights and responsibilities of 

17 United States citizenship; 

18 (B) civics-based English as a second lan19 guage; 

20 (C) civics, with a special emphasis on com21 mon values and traditions of Americans, includ22 ing an understanding of the history of the 

23 United States and the principles of the Con24 stitution; and 

25 (D) applying for United States citizenship. 


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1 SEC. 2538. PILOT PROGRAM TO PROMOTE IMMIGRANT IN2 TEGRATION AT STATE AND LOCAL LEVELS. 

3 (a) GRANTS AUTHORIZED.—The Chief shall establish 

4 a pilot program through which the Chief may award 

5 grants, on a competitive basis, to States and local govern6 ments or other qualifying entities, in collaboration with 

7 State and local governments— 

8 (1) to establish New Immigrant Councils to 

9 carry out programs to integrate new immigrants; or 

10 (2) to carry out programs to integrate new im11 migrants. 

12 (b) APPLICATION.—A State or local government de13 siring a grant under this section shall submit an applica14 tion to the Chief at such time, in such manner, and con15 taining such information as the Chief may reasonably re16 quire, including— 

17 (1) a proposal to meet an objective or combina18 tion of objectives set forth in subsection (d)(3); 

19 (2) the number of new immigrants in the appli20 cant’s jurisdiction; and 

21 (3) a description of the challenges in intro22 ducing and integrating new immigrants into the 

23 State or local community. 

24 (c) PRIORITY.—In awarding grants under this sec25 tion, the Chief shall give priority to States and local gov26 ernments or other qualifying entities that— 


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1 (1) use matching funds from non-Federal 

2 sources, which may include in-kind contributions; 

3 (2) demonstrate collaboration with public and 

4 private entities to achieve the goals of the com5 prehensive plan developed pursuant to subsection 

6 (d)(3); 

7 (3) are 1 of the 10 States with the highest rate 

8 of foreign-born residents; or 

9 (4) have experienced a large increase in the 

10 population of immigrants during the most recent 10- 

11 year period relative to past migration patterns, 

12 based on data compiled by the Office of Immigration 

13 Statistics or the United States Census Bureau. 

14 (d) AUTHORIZED ACTIVITIES.—A grant awarded 

15 under this subsection may be used— 

16 (1) to form a New Immigrant Council, which 

17 shall— 

18 (A) consist of between 15 and 19 individ19 uals, inclusive, from the State, local govern20 ment, or qualifying organization; 

21 (B) include, to the extent practicable, rep22 resentatives from— 

23 (i) business; 

24 (ii) faith-based organizations; 

25 (iii) civic organizations; 


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1 (iv) philanthropic organizations; 

2 (v) nonprofit organizations, including 

3 those with legal and advocacy experience 

4 working with immigrant communities; 

5 (vi) key education stakeholders, such 

6 as State educational agencies, local edu7 cational agencies, community colleges, and 

8 teachers; 

9 (vii) State adult education offices; 

10 (viii) State or local public libraries; 

11 and 

12 (ix) State or local governments; and 

13 (C) meet not less frequently than once 

14 each quarter; 

15 (2) to provide subgrants to local communities, 

16 city governments, municipalities, nonprofit organiza17 tions (including veterans’ and patriotic organiza18 tions), or other qualifying entities; 

19 (3) to develop, implement, expand, or enhance 

20 a comprehensive plan to introduce and integrate new 

21 immigrants into the State by— 

22 (A) improving English language skills; 

23 (B) engaging caretakers with limited 

24 English proficiency in their child’s education 


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1 through interactive parent and child literacy ac2 tivities; 

3 (C) improving and expanding access to 

4 workforce training programs; 

5 (D) teaching United States history, civics 

6 education, citizenship rights, and responsibil7 ities; 

8 (E) promoting an understanding of the 

9 form of government and history of the United 

10 States and the principles of the Constitution; 

11 (F) improving financial literacy; and 

12 (G) focusing on other key areas of impor13 tance to integration in our society; and 

14 (4) to engage receiving communities in the citi15 zenship and civic integration process by— 

16 (A) increasing local service capacity; 

17 (B) building meaningful connections be18 tween newer immigrants and long-time resi19 dents; 

20 (C) communicating the contributions of re21 ceiving communities and new immigrants; and 

22 (D) engaging leaders from all sectors of 

23 the community. 

24 (e) REPORTING AND EVALUATION.— 


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1 (1) ANNUAL REPORT.—Each grant recipient 

2 shall submit an annual report to the Office that de3 scribes— 

4 (A) the activities undertaken by the grant 

5 recipient, including how such activities meet the 

6 goals of the Office, the Foundation, and the 

7 comprehensive plan described in subsection 

8 (d)(3); 

9 (B) the geographic areas being served; 

10 (C) the number of immigrants in such 

11 areas; and 

12 (D) the primary languages spoken in such 

13 areas. 

14 (2) ANNUAL EVALUATION.—The Chief shall 

15 conduct an annual evaluation of the grant program 

16 established under this section— 

17 (A) to assess and improve the effectiveness 

18 of such grant program; 

19 (B) to assess the future needs of immi20 grants and of State and local governments re21 lated to immigrants; and 

22 (C) to ensure that grantees recipients and 

23 subgrantees are acting within the scope and 

24 purpose of this subchapter. 


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1 SEC. 2539. NATURALIZATION CEREMONIES. 

2 (a) IN GENERAL.—The Chief, in consultation with 

3 the Director of the National Park Service, the Archivist 

4 of the United States, and other appropriate Federal offi5 cials, shall develop and implement a strategy to enhance 

6 the public awareness of naturalization ceremonies. 

7 (b) VENUES.—In developing the strategy under sub8 section (a), the Secretary shall consider the use of out9 standing and historic locations as venues for select natu10 ralization ceremonies. 

11 (c) REPORTING REQUIREMENT.—The Secretary shall 

12 annually submit a report to Congress that contains— 

13 (1) the content of the strategy developed under 

14 subsection (a); and 

15 (2) the progress made towards the implementa16 tion of such strategy. 

17 CHAPTER 3—FUNDING 

18 SEC. 2541. AUTHORIZATION OF APPROPRIATIONS. 

19 (a) OFFICE OF CITIZENSHIP AND NEW AMERI20 CANS.—In addition to any amounts otherwise made avail21 able to the Office, there are authorized to be appropriated 

22 to carry out the functions described in section 451(f)(2) 

23 of the Homeland Security Act of 2002 (6 U.S.C. 

24 271(f)(2)), as amended by section 2511(b)— 

25 (1) $10,000,000 for the 5-year period ending 

26 on September 30, 2018; and 


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1 (2) such sums as may be necessary for fiscal 

2 year 2019 and subsequent fiscal years. 

3 (b) GRANT PROGRAMS.—There are authorized to be 

4 appropriated to implement the grant programs authorized 

5 under sections 2537 and 2538, and to implement the 

6 strategy under section 2539— 

7 (1) $100,000,000 for the 5-year period ending 

8 on September 30, 2018; and 

9 (2) such sums as may be necessary for fiscal 

10 year 2019 and subsequent fiscal years. 

11 CHAPTER 4—REDUCE BARRIERS TO 

12 NATURALIZATION 

13 SEC. 2551. WAIVER OF ENGLISH REQUIREMENT FOR SEN14 IOR NEW AMERICANS. 

15 Section 312 (8 U.S.C. 1423) is amended by striking 

16 subsection (b) and inserting the following: 

17 ‘‘(b) The requirements under subsection (a) shall not 

18 apply to any person who— 

19 ‘‘(1) is unable to comply with such require20 ments because of physical or mental disability, in21 cluding developmental or intellectual disability; or 

22 ‘‘(2) on the date on which the person’s applica23 tion for naturalization is filed under section 334— 

24 ‘‘(A) is older than 65 years of age; and 


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1 ‘‘(B) has been living in the United States 

2 for periods totaling at least 5 years after being 

3 lawfully admitted for permanent residence. 

4 ‘‘(c) The requirement under subsection (a)(1) shall 

5 not apply to any person who, on the date on which the 

6 person’s application for naturalization is filed under sec7 tion 334— 

8 ‘‘(1) is older than 50 years of age and has been 

9 living in the United States for periods totaling at 

10 least 20 years after being lawfully admitted for per11 manent residence; 

12 ‘‘(2) is older than 55 years of age and has been 

13 living in the United States for periods totaling at 

14 least 15 years after being lawfully admitted for per15 manent residence; or 

16 ‘‘(3) is older than 60 years of age and has been 

17 living in the United States for periods totaling at 

18 least 10 years after being lawfully admitted for per19 manent residence. 

20 ‘‘(d) The Secretary of Homeland Security may waive, 

21 on a case-by-case basis, the requirement under subsection 

22 (a)(2) on behalf of any person who, on the date on which 

23 the person’s application for naturalization is filed under 

24 section 334— 

25 ‘‘(1) is older than 60 years of age; and 


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1 ‘‘(2) has been living in the United States for 

2 periods totaling at least 10 years after being lawfully 

3 admitted for permanent residence.’’. 

4 SEC. 2552. FILING OF APPLICATIONS NOT REQUIRING REG5 ULAR INTERNET ACCESS. 

6 (a) ELECTRONIC FILING NOT REQUIRED.— 

7 (1) IN GENERAL.—The Secretary may not re8 quire that an applicant or petitioner for permanent 

9 residence or citizenship of the United States use an 

10 electronic method to file any application, or access to 

11 a customer account. 

12 (2) SUNSET DATE.—This subsection shall cease 

13 to be effective on October 1, 2020. 

14 (b) NOTIFICATION REQUIREMENT.—Beginning on 

15 October 1, 2020, the Secretary may not require that an 

16 applicant or petitioner for permanent residence or citizen17 ship of the United States use an electronic method to file 

18 any application or access to a customer account unless the 

19 Secretary notifies the Committee on the Judiciary of the 

20 Senate and the Committee on the Judiciary of the House 

21 of Representatives of such requirement not later than 30 

22 days before the effective date of such requirement. 


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1 SEC. 2553. PERMISSIBLE USE OF ASSISTED HOUSING BY 

2 BATTERED IMMIGRANTS. 

3 Section 214 of the Housing and Community Develop4 ment Act of 1980 (42 U.S.C. 1436a) is amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (6), by striking ‘‘; or’’ 

7 and inserting a semicolon; 

8 (B) by redesignating paragraph (7) as 

9 paragraph (8); and 

10 (C) by inserting after paragraph (6) the 

11 following new paragraph: 

12 ‘‘(7) a qualified alien described in section 

13 431(c) of the Personal Responsibility and Work Op14 portunity Reconciliation Act of 1996 (8 U.S.C. 

15 1641(c)); or’’; and 

16 (2) in subsection (c)— 

17 (A) in paragraph (1)(A), by striking 

18 ‘‘paragraphs (1) through (6)’’ and inserting 

19 ‘‘paragraphs (1) through (7)’’; and 

20 (B) in paragraph (2)(A), by inserting 

21 ‘‘(other than a qualified alien described in sec22 tion 431(c) of the Personal Responsibility and 

23 Work Opportunity Reconciliation Act of 1996 

24 (8 U.S.C. 1641(c)))’’ after ‘‘any alien’’. 


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1 SEC. 2554. UNITED STATES CITIZENSHIP FOR INTER2 NATIONALLY ADOPTED INDIVIDUALS. 

3 (a) AUTOMATIC CITIZENSHIP.—Section 104 of the 

4 Child Citizenship Act of 2000 (Public Law 106–395; 8 

5 U.S.C. 1431 note) is amended to read as follows: 

6 ‘‘SEC. 104. APPLICABILITY. 

7 ‘‘The amendments made by this title shall apply to 

8 any individual who satisfies the requirements under sec9 tion 320 or 322 of the Immigration and Nationality Act, 

10 regardless of the date on which such requirements were 

11 satisfied.’’. 

12 (b) MODIFICATION OF PREADOPTION VISITATION

13 REQUIREMENT.—Section 101(b)(1)(F)(i) (8 U.S.C. 

14 1101(b)(1)(F)(i)), as amended by section 2312, is further 

15 amended by striking ‘‘at least twenty-five years of age, 

16 who personally saw and observed the child prior to or dur17 ing the adoption proceedings;’’ and inserting ‘‘who is at 

18 least 25 years of age, at least 1 of whom personally saw 

19 and observed the child before or during the adoption pro20 ceedings;’’. 

21 (c) AUTOMATIC CITIZENSHIP FOR CHILDREN OF

22 UNITED STATES CITIZENS WHO ARE PHYSICALLY

23 PRESENT IN THE UNITED STATES.— 

24 (1) IN GENERAL.—Section 320(a)(3) (8 U.S.C. 

25 1431(a)(3)) is amended to read as follows: 


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1 ‘‘(3) The child is physically present in the 

2 United States in the legal custody of the citizen par3 ent pursuant to a lawful admission.’’. 

4 (2) APPLICABILITY TO INDIVIDUAL’S WHO NO

5 LONGER HAVE LEGAL STATUS.—Notwithstanding 

6 the lack of legal status or physical presence in the 

7 United States, a person shall be deemed to meet the 

8 requirements under section 320 of the Immigration 

9 and Nationality Act, as amended by paragraph (1), 

10 if the person— 

11 (A) was born outside of the United States; 

12 (B) was adopted by a United States citizen 

13 before the person reached 18 years of age; 

14 (C) was legally admitted to the United 

15 States; and 

16 (D) would have qualified for automatic 

17 United States citizenship if the amendments 

18 made by paragraph (1) had been in effect at 

19 the time of such admission. 

20 (d) RETROACTIVE APPLICATION.—Section 320(b) (8 

21 U.S.C. 1431(b)) is amended by inserting ‘‘, regardless of 

22 the date on which the adoption was finalized’’ before the 

23 period at the end. 

24 (e) APPLICABILITY.—The amendments made by this 

25 section shall apply to any individual adopted by a citizen 


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1 of the United States regardless of whether the adoption 

2 occurred prior to, on, or after the date of the enactment 

3 of the Child Citizenship Act of 2000. 

4 SEC. 2555. TREATMENT OF CERTAIN PERSONS AS HAVING 

5 SATISFIED ENGLISH AND CIVICS, GOOD 

6 MORAL CHARACTER, AND HONORABLE SERV7 ICE AND DISCHARGE REQUIREMENTS FOR 

8 NATURALIZATION. 

9 (a) IMMIGRATION AND NATIONALITY ACT.—The Im10 migration and Nationality Act is amended by inserting 

11 after section 329A (8 U.S.C. 1440–1) the following new 

12 section: 

13 ‘‘SEC. 329B. PERSONS WHO HAVE RECEIVED AN AWARD FOR 

14 ENGAGEMENT IN ACTIVE COMBAT OR ACTIVE 

15 PARTICIPATION IN COMBAT. 

16 ‘‘(a) IN GENERAL.— 

17 ‘‘(1) IN GENERAL.—For purposes of naturaliza18 tion and continuing citizenship under the following 

19 provisions of law, a person who has received an 

20 award described in subsection (b) shall be treated— 

21 ‘‘(A) as having satisfied the requirements 

22 in sections 312(a), 316(a)(3), and subsections 

23 (b)(3), (c), and (e) of section 328; and 

24 ‘‘(B) except as provided in paragraph (2), 

25 under sections 328 and 329, as having served 


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1 honorably in the Armed Forces for (in the case 

2 of section 328) a period or periods aggregating 

3 one year, and, if separated from such service, 

4 as having been separated under honorable con5 ditions. 

6 ‘‘(2) REVOCATION.—Notwithstanding para7 graph (1)(B), any person who separated from the 

8 Armed Forces under other than honorable conditions 

9 may be subject to revocation of citizenship under 

10 section 328(f) or 329(c) if the other requirements of 

11 such section are met. 

12 ‘‘(b) APPLICATION.—This section shall apply with re13 spect to the following awards from the Armed Forces of 

14 the United States: 

15 ‘‘(1) The Combat Infantryman Badge from the 

16 Army. 

17 ‘‘(2) The Combat Medical Badge from the 

18 Army. 

19 ‘‘(3) The Combat Action Badge from the Army. 

20 ‘‘(4) The Combat Action Ribbon from the 

21 Navy, the Marine Corps, or the Coast Guard. 

22 ‘‘(5) The Air Force Combat Action Medal. 

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1 gagement in active combat or active participation in 

2 combat.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 of such Act (8 U.S.C. 1101 et seq.) is amended by insert5 ing after the item relating to section 329A the following: 

‘‘Sec. 329B. Persons who have received an award for engagement in active 

combat or active participation in combat.’’. 

6 TITLE III—INTERIOR 

7 ENFORCEMENT 

8 Subtitle A—Employment 

9 Verification System 

10 SEC. 3101. UNLAWFUL EMPLOYMENT OF UNAUTHORIZED 

11 ALIENS. 

12 (a) IN GENERAL.—Section 274A (8 U.S.C. 1324a) 

13 is amended to read as follows: 

14 ‘‘SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS. 

15 ‘‘(a) MAKING EMPLOYMENT OF UNAUTHORIZED

16 ALIENS UNLAWFUL.— 

17 ‘‘(1) IN GENERAL.—It is unlawful for an em18 ployer— 

19 ‘‘(A) to hire, recruit, or refer for a fee an 

20 alien for employment in the United States 

21 knowing that the alien is an unauthorized alien 

22 with respect to such employment; or 

23 ‘‘(B) to hire, recruit, or refer for a fee for 

24 employment in the United States an individual 


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1 without complying with the requirements under 

2 subsections (c) and (d). 

3 ‘‘(2) CONTINUING EMPLOYMENT.— 

4 ‘‘(A) PROHIBITION ON CONTINUED EM5 PLOYMENT OF UNAUTHORIZED ALIENS.—It is 

6 unlawful for an employer, after hiring an alien 

7 for employment, to continue to employ the alien 

8 in the United States knowing that the alien is 

9 (or has become) an unauthorized alien with re10 spect to such employment. 

11 ‘‘(B) PROHIBITION ON CONSIDERATION OF

12 PREVIOUS UNAUTHORIZED STATUS.—Nothing 

13 in this section may be construed to prohibit the 

14 employment of an individual who is authorized 

15 for employment in the United States if such in16 dividual was previously an unauthorized alien. 

17 ‘‘(3) USE OF LABOR THROUGH CONTRACT.— 

18 For purposes of this section, any employer that uses 

19 a contract, subcontract, or exchange to obtain the 

20 labor of an alien in the United States while knowing 

21 that the alien is an unauthorized alien with respect 

22 to performing such labor shall be considered to have 

23 hired the alien for employment in the United States 

24 in violation of paragraph (1)(A). 


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1 ‘‘(4) USE OF STATE EMPLOYMENT AGENCY

2 DOCUMENTATION.—For purposes of paragraphs 

3 (1)(B), (5), and (6), an employer shall be deemed to 

4 have complied with the requirements under sub5 section (c) with respect to the hiring of an individual 

6 who was referred for such employment by a State 

7 employment agency (as defined by the Secretary) if 

8 the employer has and retains (for the period and in 

9 the manner described in subsection (c)(3)) appro10 priate documentation of such referral by such agen11 cy, certifying that such agency has complied with the 

12 procedures described in subsection (c) with respect 

13 to the individual’s referral. An employer that relies 

14 on a State agency’s certification of compliance with 

15 subsection (c) under this paragraph may utilize and 

16 retain the State agency’s certification of compliance 

17 with the procedures described in subsection (d), if 

18 any, in the manner provided under this paragraph. 

19 ‘‘(5) GOOD FAITH DEFENSE.— 

20 ‘‘(A) DEFENSE.—An employer, person, or 

21 entity that hires, employs, recruits, or refers in22 dividuals for employment in the United States, 

23 or is otherwise obligated to comply with the re24 quirements under this section and establishes 

25 good faith compliance with the requirements 


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1 under paragraphs (1) through (4) of subsection 

2 (c) and subsection (d)— 

3 ‘‘(i) has established an affirmative de4 fense that the employer, person, or entity 

5 has not violated paragraph (1)(A) with re6 spect to hiring and employing; and 

7 ‘‘(ii) has established compliance with 

8 its obligations under subparagraph (A) and 

9 (B) of paragraph (1) and subsection (c) 

10 unless the Secretary demonstrates that the 

11 employer had knowledge that an individ12 uals hired, employed, recruited, or referred 

13 by the employer, person, or entity is an un14 authorized alien. 

15 ‘‘(B) EXCEPTION FOR CERTAIN EMPLOY16 ERS.—An employer who is not required to par17 ticipate in the System or who is participating in 

18 the System on a voluntary basis pursuant to 

19 subsection (d)(2)(J) has established an affirma20 tive defense under subparagraph (A) and need 

21 not demonstrate compliance with the require22 ments under subsection (d). 

23 ‘‘(6) GOOD FAITH COMPLIANCE.— 

24 ‘‘(A) IN GENERAL.—Except as otherwise 

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1 son, or entity is considered to have complied 

2 with a requirement under this subsection not3 withstanding a technical or procedural failure 

4 to meet such requirement if there was a good 

5 faith attempt to comply with the requirement. 

6 ‘‘(B) EXCEPTION IF FAILURE TO CORRECT

7 AFTER NOTICE.—Subparagraph (A) shall not 

8 apply if— 

9 ‘‘(i) the failure is not de minimis; 

10 ‘‘(ii) the Secretary of Homeland Secu11 rity has explained to the employer, person, 

12 or entity the basis for the failure and why 

13 it is not de minimis; 

14 ‘‘(iii) the employer, person, or entity 

15 has been provided a period of not less than 

16 30 days (beginning after the date of the 

17 explanation) to correct the failure; and 

18 ‘‘(iv) the employer, person, or entity 

19 has not corrected the failure voluntarily 

20 within such period. 

21 ‘‘(C) EXCEPTION FOR PATTERN OR PRAC22 TICE VIOLATORS.—Subparagraph (A) shall not 

23 apply to an employer, person, or entity that has 

24 engaged or is engaging in a pattern or practice 

25 of violations of paragraph (1)(A) or (2). 


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1 ‘‘(7) PRESUMPTION.—After the date on which 

2 an employer is required to participate in the System 

3 under subsection (d), the employer is presumed to 

4 have acted with knowledge for purposes of para5 graph (1)(A) if the employer hires, employs, re6 cruits, or refers an employee for a fee and fails to 

7 make an inquiry to verify the employment authoriza8 tion status of the employee through the System. 

9 ‘‘(8) CONTINUED APPLICATION OF WORKFORCE

10 AND LABOR PROTECTION REMEDIES DESPITE UNAU11 THORIZED EMPLOYMENT.— 

12 ‘‘(A) IN GENERAL.—Subject only to sub13 paragraph (B), all rights and remedies provided 

14 under any Federal, State, or local law relating 

15 to workplace rights, including but not limited to 

16 back pay, are available to an employee de17 spite— 

18 ‘‘(i) the employee’s status as an unau19 thorized alien during or after the period of 

20 employment; or 

21 ‘‘(ii) the employer’s or employee’s fail22 ure to comply with the requirements of 

23 this section. 

24 ‘‘(B) REINSTATEMENT.—Reinstatement 

25 shall be available to individuals who— 


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1 ‘‘(i) are authorized to work in the 

2 United States at the time such relief is or3 dered or effectuated; or 

4 ‘‘(ii) lost employment-authorized sta5 tus due to the unlawful acts of the em6 ployer under this section. 

7 ‘‘(b) DEFINITIONS.—In this section: 

8 ‘‘(1) COMMISSIONER.—The term ‘Commis9 sioner’ means the Commissioner of Social Security. 

10 ‘‘(2) DEPARTMENT.—Except as otherwise pro11 vided, the term ‘Department’ means the Department 

12 of Homeland Security. 

13 ‘‘(3) EMPLOYER.—The term ‘employer’ means 

14 any person or entity, including an agency or depart15 ment of a Federal, State, or local government, an 

16 agent, or a System service provider acting on behalf 

17 of an employer, that hires, employs, recruits, or re18 fers for a fee an individual for employment in the 

19 United States that is not casual, sporadic, irregular, 

20 or intermittent (as defined by the Secretary). 

21 ‘‘(4) EMPLOYMENT AUTHORIZED STATUS.—The 

22 term ‘employment authorized status’ means, with re23 spect to an individual, that the individual is author24 ized to be employed in the United States under the 

25 immigration laws of the United States. 


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1 ‘‘(5) SECRETARY.—Except as otherwise specifi2 cally provided, the term ‘Secretary’ means the Sec3 retary of Homeland Security. 

4 ‘‘(6) SYSTEM.—The term ‘System’ means the 

5 Employment Verification System established under 

6 subsection (d). 

7 ‘‘(7) UNAUTHORIZED ALIEN.—The term ‘unau8 thorized alien’ means an alien who, with respect to 

9 employment in the United States at a particular 

10 time— 

11 ‘‘(A) is not lawfully admitted for perma12 nent residence; or 

13 ‘‘(B) is not authorized to be employed 

14 under this Act or by the Secretary. 

15 ‘‘(8) WORKPLACE RIGHTS.—The term ‘work16 place rights’ means rights guaranteed under Fed17 eral, State, or local labor or employment laws, in18 cluding laws concerning wages and hours, benefits 

19 and employment standards, labor relations, work20 place health and safety, work-related injuries, non21 discrimination, and retaliation for exercising rights 

22 under such laws. 

23 ‘‘(c) DOCUMENT VERIFICATION REQUIREMENTS.— 

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1 ments and the requirements under subsection (d) to verify 

2 that the individual has employment authorized status. 

3 ‘‘(1) ATTESTATION AFTER EXAMINATION OF

4 DOCUMENTATION.— 

5 ‘‘(A) IN GENERAL.— 

6 ‘‘(i) EXAMINATION BY EMPLOYER.— 

7 An employer shall attest, under penalty of 

8 perjury on a form prescribed by the Sec9 retary, that the employer has verified the 

10 identity and employment authorization sta11 tus of the individual— 

12 ‘‘(I) by examining— 

13 ‘‘(aa) a document specified 

14 in subparagraph (C); or 

15 ‘‘(bb) a document specified 

16 in subparagraph (D) and a docu17 ment specified in subparagraph 

18 (E); and 

19 ‘‘(II) by utilizing an identity au20 thentication mechanism described in 

21 clause (iii) or (iv) of subparagraph 

22 (F). 

23 ‘‘(ii) PUBLICATION OF DOCUMENTS.— 

24 The Secretary shall publish a picture of 

25 each document specified in subparagraphs 


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1 (C) and (E) on the U.S. Citizenship and 

2 Immigration Services website. 

3 ‘‘(B) REQUIREMENTS.— 

4 ‘‘(i) FORM.—The form referred to in 

5 subparagraph (A)(i)— 

6 ‘‘(I) shall be prescribed by the 

7 Secretary not later than 6 months 

8 after the date of the enactment of the 

9 Border Security, Economic Oppor10 tunity, and Immigration Moderniza11 tion Act; 

12 ‘‘(II) shall be available as— 

13 ‘‘(aa) a paper form; 

14 ‘‘(bb) a form that may be 

15 completed by an employer via 

16 telephone or video conference; 

17 ‘‘(cc) an electronic form; or 

18 ‘‘(dd) a form that is inte19 grated electronically with the re20 quirements under subsection (d). 

21 ‘‘(ii) ATTESTATION.—Each such form 

22 shall require the employer to sign an attes23 tation with a handwritten, electronic, or 

24 digital pin code signature, according to 

25 standards prescribed by the Secretary. 


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1 ‘‘(iii) COMPLIANCE.—An employer has 

2 complied with the requirements under this 

3 paragraph with respect to examination of 

4 the documents included in subclauses (I) 

5 and (II) of subparagraph (A)(i) if— 

6 ‘‘(I) the employer has, in good 

7 faith, followed applicable regulations 

8 and any written procedures or instruc9 tions provided by the Secretary; and 

10 ‘‘(II) a reasonable person would 

11 conclude that the documentation is 

12 genuine and relates to the individual 

13 presenting such documentation. 

14 ‘‘(C) DOCUMENTS ESTABLISHING IDEN15 TITY AND EMPLOYMENT AUTHORIZED STA16 TUS.—A document is specified in this subpara17 graph if the document is unexpired (unless the 

18 validity of the document is extended by law) 

19 and is 1 of the following: 

20 ‘‘(i) A United States passport or pass21 port card issued to an individual pursuant 

22 to the Secretary of State’s authority under 

23 the Act entitled ‘An Act to regulate the 

24 issue and validity of passports, and for 


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1 other purposes’, approved July 3, 1926 (22 

2 U.S.C. 211a). 

3 ‘‘(ii) A document issued to an alien 

4 evidencing that the alien is lawfully admit5 ted for permanent residence or another 

6 document issued to an individual evidenc7 ing the individual’s employment authorized 

8 status, as designated by the Secretary, if 

9 the document— 

10 ‘‘(I) contains a photograph of the 

11 individual, or such other personal 

12 identifying information relating to the 

13 individual as the Secretary deter14 mines, by regulation, to be sufficient 

15 for the purposes of this subparagraph; 

16 ‘‘(II) is evidence of employment 

17 authorized status; and 

18 ‘‘(III) contains security features 

19 to make the document resistant to 

20 tampering, counterfeiting, and fraudu21 lent use. 

22 ‘‘(iii) An enhanced driver’s license or 

23 identification card issued to a national of 

24 the United States by a State, an outlying 


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1 possession of the United States, or a feder2 ally recognized Indian tribe that— 

3 ‘‘(I) meets the requirements 

4 under section 202 of the REAL ID 

5 Act of 2005 (division B of Public Law 

6 109–13; 49 U.S.C. 30301 note); and 

7 ‘‘(II) the Secretary has certified 

8 by notice published in the Federal 

9 Register and through appropriate no10 tice directly to employers registered in 

11 the System 3 months prior to publica12 tion that such enhanced license or 

13 card is suitable for use under this 

14 subparagraph based upon the accu15 racy and security of the issuance proc16 ess, security features on the docu17 ment, and such other factors as the 

18 Secretary may prescribe. 

19 ‘‘(iv) A passport issued by the appro20 priate authority of a foreign country ac21 companied by a Form I–94 or Form I– 

22 94A (or similar successor record), or other 

23 documentation as designated by the Sec24 retary that specifies the individual’s status 

25 in the United States and the duration of 


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1 such status if the proposed employment is 

2 not in conflict with any restriction or limi3 tation specified on such form or docu4 mentation. 

5 ‘‘(v) A passport issued by the Fed6 erated States of Micronesia or the Repub7 lic of the Marshall Islands with evidence of 

8 nonimmigrant admission to the United 

9 States under the Compact of Free Associa10 tion between the United States and the 

11 Federated States of Micronesia or the Re12 public of the Marshall Islands. 

13 ‘‘(D) DOCUMENTS ESTABLISHING IDEN14 TITY OF INDIVIDUAL.—A document is specified 

15 in this subparagraph if the document is unex16 pired (unless the validity of the document is ex17 tended by law) and is 1 of the following: 

18 ‘‘(i) A driver’s license or identity card 

19 that is not described in subparagraph 

20 (C)(iii) and is issued to an individual by a 

21 State or an outlying possession of the 

22 United States, a federally recognized In23 dian tribe, or an agency (including mili24 tary) of the Federal Government if the 


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1 driver’s license or identity card includes, at 

2 a minimum— 

3 ‘‘(I) the individual’s photograph, 

4 name, date of birth, gender, and driv5 er’s license or identification card num6 ber; and 

7 ‘‘(II) security features to make 

8 the license or card resistant to tam9 pering, counterfeiting, and fraudulent 

10 use. 

11 ‘‘(ii) A voter registration card. 

12 ‘‘(iii) A document that complies with 

13 the requirements under section 7209(b)(1) 

14 of the Intelligence Reform and Terrorism 

15 Prevention Act of 2004 (Public Law 108– 

16 458; 8 U.S.C. 1185 note). 

17 ‘‘(iv) For individuals under 18 years 

18 of age who are unable to present a docu19 ment listed in clause (i) or (ii), documenta20 tion of personal identity of such other type 

21 as the Secretary determines will provide a 

22 reliable means of identification, which may 

23 include an attestation as to the individual’s 

24 identity by a parent or legal guardian 

25 under penalty of perjury. 


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1 ‘‘(E) DOCUMENTS EVIDENCING EMPLOY2 MENT AUTHORIZATION.—A document is speci3 fied in this subparagraph if the document is un4 expired (unless the validity of the document is 

5 extended by law) and is 1 of the following: 

6 ‘‘(i) A social security account number 

7 card issued by the Commissioner, other 

8 than a card which specifies on its face that 

9 the card is not valid to evidence employ10 ment authorized status or has other simi11 lar words of limitation. 

12 ‘‘(ii) Any other documentation evi13 dencing employment authorized status that 

14 the Secretary determines and publishes in 

15 the Federal Register and through appro16 priate notice directly to employers reg17 istered within the System to be acceptable 

18 for purposes of this subparagraph if such 

19 documentation, including any electronic se20 curity measures linked to such documenta21 tion, contains security features to make 

22 such documentation resistant to tam23 pering, counterfeiting, and fraudulent use. 

24 ‘‘(F) IDENTITY AUTHENTICATION MECHA25 NISM.— 


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1 ‘‘(i) DEFINITIONS.—In this subpara2 graph: 

3 ‘‘(I) COVERED IDENTITY DOCU4 MENT.—The term ‘covered identity 

5 document’ means a valid— 

6 ‘‘(aa) United States pass7 port, passport card, or a docu8 ment evidencing lawful perma9 nent residence status or employ10 ment authorized status issued to 

11 an alien; 

12 ‘‘(bb) enhanced driver’s li13 cense or identity card issued by a 

14 participating State or an outlying 

15 possession of the United States; 

16 or 

17 ‘‘(cc) photograph and appro18 priate identifying information 

19 provided by the Secretary of 

20 State pursuant to the granting of 

21 a visa. 

22 ‘‘(II) PARTICIPATING STATE.— 

23 The term ‘participating State’ means 

24 a State that has an agreement with 

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1 retary, for purposes of identity 

2 verification in the System, with photo3 graphs and appropriate identifying in4 formation maintained by the State. 

5 ‘‘(ii) REQUIREMENT FOR IDENTITY

6 AUTHENTICATION.—In addition to 

7 verifying the documents specified in sub8 paragraph (C), (D), or (E) and utilizing 

9 the System under subsection (d), each em10 ployer shall use an identity authentication 

11 mechanism described in clause (iii) or pro12 vided in clause (iv) after it becomes avail13 able to verify the identity of each indi14 vidual the employer seeks to hire. 

15 ‘‘(iii) PHOTO TOOL.— 

16 ‘‘(I) USE REQUIREMENT.—An 

17 employer hiring an individual who has 

18 a covered identity document shall 

19 verify the identity of such individual 

20 using the photo tool described in sub21 clause (II). 

22 ‘‘(II) DEVELOPMENT REQUIRE23 MENT.—The Secretary shall develop 

24 and maintain a photo tool that en25 ables employers to match the photo on 


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1 a covered identity document provided 

2 to the employer to a photo maintained 

3 by a U.S. Citizenship and Immigra4 tion Services database. 

5 ‘‘(iv) ADDITIONAL SECURITY MEAS6 URES.— 

7 ‘‘(I) USE REQUIREMENT.—An 

8 employer seeking to hire an individual 

9 whose identity may not be verified 

10 using the photo tool described in 

11 clause (iii) shall verify the identity of 

12 such individual using the additional 

13 security measures described in sub14 clause (II). 

15 ‘‘(II) DEVELOPMENT REQUIRE16 MENT.—The Secretary shall develop, 

17 after publication in the Federal Reg18 ister and an opportunity for public 

19 comment, specific and effective addi20 tional security measures to adequately 

21 verify the identity of an individual 

22 whose identity may not be verified 

23 using the photo tool described in 

24 clause (iii). Such additional security 

25 measures— 


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1 ‘‘(aa) shall be kept up-to2 date with technological advances; 

3 and 

4 ‘‘(bb) shall provide a means 

5 of identity authentication in a 

6 manner that provides a high level 

7 of certainty as to the identity of 

8 such individual, using immigra9 tion and identifying information 

10 that may include review of iden11 tity documents or background 

12 screening verification techniques 

13 using publicly available informa14 tion. 

15 ‘‘(G) AUTHORITY TO PROHIBIT USE OF

16 CERTAIN DOCUMENTS.—If the Secretary deter17 mines, after publication in the Federal Register 

18 and an opportunity for public comment, that 

19 any document or class of documents specified in 

20 subparagraph (B), (C), or (D) does not reliably 

21 establish identity or that employment author22 ized status is being used fraudulently to an un23 acceptable degree, the Secretary— 


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1 ‘‘(i) may prohibit or restrict the use of 

2 such document or class of documents for 

3 purposes of this subsection; and 

4 ‘‘(ii) shall directly notify all employers 

5 registered within the System of the prohi6 bition through appropriate means. 

7 ‘‘(H) AUTHORITY TO ALLOW USE OF CER8 TAIN DOCUMENTS.—If the Secretary has deter9 mined that another document or class of docu10 ments, such as a document issued by a federally 

11 recognized Indian tribe, may be used to reliably 

12 establish identity or employment authorized sta13 tus, the Secretary— 

14 ‘‘(i) may allow the use of that docu15 ment or class of documents for purposes of 

16 this subsection after publication in the 

17 Federal Register and an opportunity for 

18 public comment; 

19 ‘‘(ii) shall publish a description of any 

20 such document or class of documents on 

21 the U.S. Citizenship and Immigration 

22 Services website; and 

23 ‘‘(iii) shall directly notify all employ24 ers registered within the System of the ad25 dition through appropriate means. 


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1 ‘‘(2) INDIVIDUAL ATTESTATION OF EMPLOY2 MENT AUTHORIZATION.—An individual, upon com3 mencing employment with an employer, shall— 

4 ‘‘(A) attest, under penalty of perjury, on 

5 the form prescribed by the Secretary, that the 

6 individual is— 

7 ‘‘(i) a citizen of the United States; 

8 ‘‘(ii) an alien lawfully admitted for 

9 permanent residence; 

10 ‘‘(iii) an alien who has employment 

11 authorized status; or 

12 ‘‘(iv) otherwise authorized by the Sec13 retary to be hired for such employment; 

14 ‘‘(B) provide such attestation by a hand15 written, electronic, or digital pin code signature; 

16 and 

17 ‘‘(C) provide the individual’s social security 

18 account number to the Secretary, unless the in19 dividual has not yet been issued such a number, 

20 on such form as the Secretary may require. 

21 ‘‘(3) RETENTION OF VERIFICATION RECORD.— 

22 ‘‘(A) IN GENERAL.—After completing a 

23 form for an individual in accordance with para24 graphs (1) and (2), the employer shall retain a 

25 version of such completed form and make such 


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1 form available for inspection by the Secretary 

2 or the Office of Special Counsel for Immigra3 tion-Related Unfair Employment Practices of 

4 the Department of Justice during the period be5 ginning on the hiring date of the individual and 

6 ending on the later of— 

7 ‘‘(i) the date that is 3 years after such 

8 hiring date; or 

9 ‘‘(ii) the date that is 1 year after the 

10 date on which the individual’s employment 

11 with the employer is terminated. 

12 ‘‘(B) REQUIREMENT FOR ELECTRONIC RE13 TENTION.—The Secretary— 

14 ‘‘(i) shall permit an employer to retain 

15 the form described in subparagraph (A) in 

16 electronic form; and 

17 ‘‘(ii) shall permit an employer to re18 tain such form in paper, microfiche, micro19 film, portable document format, or other 

20 media. 

21 ‘‘(4) COPYING OF DOCUMENTATION AND REC22 ORDKEEPING.—The Secretary may promulgate regu23 lations regarding— 

24 ‘‘(A) copying documents and related infor25 mation pertaining to employment verification 


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1 presented by an individual under this sub2 section; and 

3 ‘‘(B) retaining such information during a 

4 period not to exceed the required retention pe5 riod set forth in paragraph (3). 

6 ‘‘(5) PENALTIES.—An employer that fails to 

7 comply with any requirement under this subsection 

8 may be penalized under subsection (e)(4)(B). 

9 ‘‘(6) PROTECTION OF CIVIL RIGHTS.— 

10 ‘‘(A) IN GENERAL.—Nothing in this sec11 tion may be construed to diminish any rights 

12 otherwise protected by Federal law. 

13 ‘‘(B) PROHIBITION ON DISCRIMINATION.— 

14 An employer shall use the procedures for docu15 ment verification set forth in this paragraph for 

16 all employees without regard to race, color, reli17 gion, sex, national origin, or, unless specifically 

18 permitted in this section, to citizenship status. 

19 ‘‘(7) RECEIPTS.—The Secretary may authorize 

20 the use of receipts for replacement documents, and 

21 temporary evidence of employment authorization by 

22 an individual to meet a documentation requirement 

23 under this subsection on a temporary basis not to 

24 exceed 1 year, after which time the individual shall 


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1 provide documentation sufficient to satisfy the docu2 mentation requirements under this subsection. 

3 ‘‘(8) NO AUTHORIZATION OF NATIONAL IDENTI4 FICATION CARDS.—Nothing in this section may be 

5 construed to directly or indirectly authorize the 

6 issuance, use, or establishment of a national identi7 fication card. 

8 ‘‘(d) EMPLOYMENT VERIFICATION SYSTEM.— 

9 ‘‘(1) IN GENERAL.— 

10 ‘‘(A) ESTABLISHMENT.—The Secretary, in 

11 consultation with the Commissioner, shall es12 tablish the Employment Verification System. 

13 ‘‘(B) MONITORING.—The Secretary shall 

14 create the necessary processes to monitor— 

15 ‘‘(i) the functioning of the System, in16 cluding the volume of the workflow, the 

17 speed of processing of queries, the speed 

18 and accuracy of responses; 

19 ‘‘(ii) the misuse of the System, includ20 ing the prevention of fraud or identity 

21 theft; 

22 ‘‘(iii) whether the use of the System 

23 results in wrongful adverse actions or dis24 crimination based upon a prohibited factor 

25 against citizens or nationals of the United 


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1 States or individuals who have employment 

2 authorized status; and 

3 ‘‘(iv) the security, integrity, and pri4 vacy of the System. 

5 ‘‘(C) PROCEDURES.—The Secretary— 

6 ‘‘(i) shall create processes to provide 

7 an individual with direct access to the indi8 vidual’s case history in the System, includ9 ing— 

10 ‘‘(I) the identities of all persons 

11 or entities that have queried the indi12 vidual through the System; 

13 ‘‘(II) the date of each such 

14 query; and 

15 ‘‘(III) the System response for 

16 each such query; and 

17 ‘‘(ii) in consultation with the Commis18 sioner, shall develop— 

19 ‘‘(I) protocols to notify an indi20 vidual, in a timely manner through 

21 the use of electronic correspondence 

22 or mail, that a query for the indi23 vidual has been processed through the 

24 System; or 


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1 ‘‘(II) a process for the individual 

2 to submit additional queries to the 

3 System or notify the Secretary of po4 tential identity fraud. 

5 ‘‘(2) PARTICIPATION REQUIREMENTS.— 

6 ‘‘(A) FEDERAL GOVERNMENT.—Except as 

7 provided in subparagraph (B), all agencies and 

8 departments in the executive, legislative, or ju9 dicial branches of the Federal Government shall 

10 participate in the System beginning on the ear11 lier of— 

12 ‘‘(i) the date of the enactment of the 

13 Border Security, Economic Opportunity, 

14 and Immigration Modernization Act, to the 

15 extent required under section 402(e)(1) of 

16 the Illegal Immigration Reform and Immi17 grant Responsibility Act of 1996 (division 

18 C of Public Law 104–208; 8 U.S.C. 

19 1324a) and as already implemented by 

20 each agency or department; or 

21 ‘‘(ii) the date that is 90 days after the 

22 date of the enactment of the Border Secu23 rity, Economic Opportunity, and Immigra24 tion Modernization Act. 


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1 ‘‘(B) FEDERAL CONTRACTORS.—Federal 

2 contractors shall participate in the System as 

3 provided in the final rule relating to employ4 ment eligibility verification published in the 

5 Federal Register on November 14, 2008 (73 

6 Fed. Reg. 67,651), or any similar subsequent 

7 regulation, for which purpose references to E8 Verify in the final rule shall be construed to 

9 apply to the System. 

10 ‘‘(C) CRITICAL INFRASTRUCTURE.— 

11 ‘‘(i) IN GENERAL.—Beginning on the 

12 date that is 1 year after the date on which 

13 regulations are published implementing 

14 this subsection, the Secretary may author15 ize or direct any employer, person, or enti16 ty responsible for granting access to, pro17 tecting, securing, operating, administering, 

18 or regulating part of the critical infrastruc19 ture (as defined in section 1016(e) of the 

20 Critical Infrastructure Protection Act of 

21 2001 (42 U.S.C. 5195c(e))) to participate 

22 in the System to the extent the Secretary 

23 determines that such participation will as24 sist in the protection of the critical infra25 structure. 


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1 ‘‘(ii) NOTIFICATION TO EMPLOY2 ERS.—The Secretary shall notify an em3 ployer required to participate in the Sys4 tem under this subparagraph not later 

5 than 90 days before the date on which the 

6 employer is required to participate. 

7 ‘‘(D) EMPLOYERS WITH MORE THAN 5,000

8 EMPLOYEES.—Not later than 2 years after reg9 ulations are published implementing this sub10 section, all employers with more than 5,000 em11 ployees shall participate in the System with re12 spect to all newly hired employees and employ13 ees with expiring temporary employment au14 thorization documents. 

15 ‘‘(E) EMPLOYERS WITH MORE THAN 500

16 EMPLOYEES.—Not later than 3 years after reg17 ulations are published implementing this sub18 section, all employers with more than 500 em19 ployees shall participate in the System with re20 spect to all newly hired employees and employ21 ees with expiring temporary employment au22 thorization documents. 

23 ‘‘(F) AGRICULTURAL EMPLOYMENT.—Not 

24 later than 4 years after regulations are pub25 lished implementing this subsection, employers 


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1 of employees performing agricultural employ2 ment (as defined in section 218A of this Act 

3 and section 2202 of the Border Security, Eco4 nomic Opportunity, and Immigration Mod5 ernization Act) shall participate in the System 

6 with respect to all newly hired employees and 

7 employees with expiring temporary employment 

8 authorization documents. An agricultural em9 ployee shall not be counted for purposes of sub10 paragraph (D) or (E). 

11 ‘‘(G) ALL EMPLOYERS.—Except as pro12 vided in subparagraph (H), not later than 4 

13 years after regulations are published imple14 menting this subsection, all employers shall par15 ticipate in the System with respect to all newly 

16 hired employees and employees with expiring 

17 temporary employment authorization docu18 ments. 

19 ‘‘(H) TRIBAL GOVERNMENT EMPLOY20 ERS.— 

21 ‘‘(i) RULEMAKING.—In developing 

22 regulations to implement this subsection, 

23 the Secretary shall— 


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1 ‘‘(I) consider the effects of this 

2 section on federally recognized Indian 

3 tribes and tribal members; and 

4 ‘‘(II) consult with the govern5 ments of federally recognized Indian 

6 tribes. 

7 ‘‘(ii) REQUIRED PARTICIPATION.—Not 

8 later than 5 years after regulations are 

9 published implementing this subsection, all 

10 employers owned by, or entities of, the gov11 ernment of a federally recognized Indian 

12 tribe shall participate in the System with 

13 respect to all newly hired employees and 

14 employees with expiring temporary employ15 ment authorization documents. 

16 ‘‘(I) IMMIGRATION LAW VIOLATORS.— 

17 ‘‘(i) ORDERS FINDING VIOLATIONS.— 

18 An order finding any employer to have vio19 lated this section or section 274C may, in 

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1 pate in the System under this section. The 

2 Secretary shall monitor such employer’s 

3 compliance with System procedures. 

4 ‘‘(ii) PATTERN OR PRACTICE OF VIO5 LATIONS.—The Secretary may require an 

6 employer that is required to participate in 

7 the System with respect to newly hired em8 ployees to participate in the System with 

9 respect to the employer’s current employ10 ees if the employer is determined by the 

11 Secretary or other appropriate authority to 

12 have engaged in a pattern or practice of 

13 violations of the immigration laws of the 

14 United States. 

15 ‘‘(J) VOLUNTARY PARTICIPATION.—The 

16 Secretary may permit any employer that is not 

17 required to participate in the System under this 

18 section to do so on a voluntary basis. 

19 ‘‘(3) CONSEQUENCE OF FAILURE TO PARTICI20 PATE.— 

21 ‘‘(A) IN GENERAL.—Except as provided in 

22 subparagraph (B), the failure, other than a de 

23 minimis or inadvertent failure, of an employer 

24 that is required to participate in the System to 


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1 comply with the requirements of the System 

2 with respect to an individual— 

3 ‘‘(i) shall be treated as a violation of 

4 subsection (a)(1)(B) with respect to that 

5 individual; and 

6 ‘‘(ii) creates a rebuttable presumption 

7 that the employer has violated paragraph 

8 (1)(A) or (2) of subsection (a). 

9 ‘‘(B) EXCEPTION.— 

10 ‘‘(i) IN GENERAL.—Subparagraph (A) 

11 shall not apply in a criminal prosecution. 

12 ‘‘(ii) USE AS EVIDENCE.—Nothing in 

13 this paragraph may be construed to limit 

14 the use in the prosecution of a Federal 

15 crime, in a manner otherwise consistent 

16 with Federal criminal law and procedure, 

17 of evidence relating to the employer’s fail18 ure to comply with requirements of the 

19 System. 

20 ‘‘(4) PROCEDURES FOR PARTICIPANTS IN THE

21 SYSTEM.— 

22 ‘‘(A) IN GENERAL.—An employer partici23 pating in the System shall register such partici24 pation with the Secretary and, when hiring any 


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1 individual for employment in the United States, 

2 shall comply with the following: 

3 ‘‘(i) REGISTRATION OF EMPLOYERS.— 

4 The Secretary, through notice in the Fed5 eral Register, shall prescribe procedures 

6 that employers shall be required to follow 

7 to register with the System. 

8 ‘‘(ii) UPDATING INFORMATION.—The 

9 employer is responsible for providing notice 

10 of any change to the information required 

11 under subclauses (I), (II), and (III) of 

12 clause (v) before conducting any further 

13 inquiries within the System, or on such 

14 other schedule as the Secretary may pre15 scribe. 

16 ‘‘(iii) TRAINING.—The Secretary shall 

17 require employers to undergo such training 

18 as the Secretary determines to be nec19 essary to ensure proper use, protection of 

20 civil rights and civil liberties, privacy, in21 tegrity, and security of the System. To the 

22 extent practicable, such training shall be 

23 made available electronically on the U.S. 

24 Citizenship and Immigration Services 

25 website. 


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1 ‘‘(iv) NOTIFICATION TO EMPLOY2 EES.—The employer shall inform individ3 uals hired for employment that the Sys4 tem— 

5 ‘‘(I) will be used by the employer; 

6 ‘‘(II) may be used for immigra7 tion enforcement purposes; and 

8 ‘‘(III) may not be used to dis9 criminate or to take adverse action 

10 against a national of the United 

11 States or an alien who has employ12 ment authorized status. 

13 ‘‘(v) PROVISION OF ADDITIONAL IN14 FORMATION.—The employer shall obtain 

15 from the individual (and the individual 

16 shall provide) and shall record in such 

17 manner as the Secretary may specify— 

18 ‘‘(I) the individual’s social secu19 rity account number; 

20 ‘‘(II) if the individual does not 

21 attest to United States citizenship or 

22 status as a national of the United 

23 States under subsection (c)(2), such 

24 identification or authorization number 


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1 established by the Department as the 

2 Secretary shall specify; and 

3 ‘‘(III) such other information as 

4 the Secretary may require to deter5 mine the identity and employment au6 thorization of an individual. 

7 ‘‘(vi) PRESENTATION OF DOCUMENTA8 TION.—The employer, and the individual 

9 whose identity and employment authorized 

10 status are being confirmed, shall fulfill the 

11 requirements under subsection (c). 

12 ‘‘(B) SEEKING CONFIRMATION.— 

13 ‘‘(i) IN GENERAL.—An employer shall 

14 use the System to confirm the identity and 

15 employment authorized status of any indi16 vidual during— 

17 ‘‘(I) the period beginning on the 

18 date on which the individual accepts 

19 an offer of employment and ending 3 

20 business days after the date on which 

21 employment begins; or 

22 ‘‘(II) such other reasonable pe23 riod as the Secretary may prescribe. 

24 ‘‘(ii) LIMITATION.—An employer may 

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1 ual’s employment or training or any other 

2 term and condition of employment depend3 ent on the receipt of a confirmation of 

4 identity and employment authorized status 

5 by the System. 

6 ‘‘(iii) REVERIFICATION.—If an indi7 vidual has a limited period of employment 

8 authorized status, the individual’s em9 ployer shall reverify such status through 

10 the System not later than 3 business days 

11 after the last day of such period. 

12 ‘‘(iv) OTHER EMPLOYMENT.—For em13 ployers directed by the Secretary to par14 ticipate in the System under paragraph 

15 (2)(C)(i) to protect critical infrastructure 

16 or otherwise specified circumstances in this 

17 section to verify their entire workforce, the 

18 System may be used for initial verification 

19 of an individual who was hired before the 

20 employer became subject to the System, 

21 and the employer shall initiate all required 

22 procedures on or before such date as the 

23 Secretary shall specify. 

24 ‘‘(v) NOTIFICATION.— 


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1 ‘‘(I) IN GENERAL.—The Sec2 retary shall provide, and the employer 

3 shall utilize, as part of the System, a 

4 method of notifying employers of a 

5 confirmation or nonconfirmation of an 

6 individual’s identity and employment 

7 authorized status, or a notice that 

8 further action is required to verify 

9 such identity or employment eligibility 

10 (referred to in this subsection as a 

11 ‘further action notice’). 

12 ‘‘(II) PROCEDURES.—The Sec13 retary shall— 

14 ‘‘(aa) directly notify the in15 dividual and the employer, by 

16 means of electronic correspond17 ence, mail, text message, tele18 phone, or other direct commu19 nication, of a nonconfirmation or 

20 further action notice; 

21 ‘‘(bb) provide information 

22 about filing an administrative ap23 peal under paragraph (6) and a 

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1 istrative law judge under para2 graph (7); and 

3 ‘‘(cc) establish procedures to 

4 directly notify the individual and 

5 the employer of a confirmation. 

6 ‘‘(III) IMPLEMENTATION.—The 

7 Secretary may provide for a phased-in 

8 implementation of the notification re9 quirements under this clause, as ap10 propriate. The notification system 

11 shall cover all inquiries not later than 

12 1 year from the date of the enactment 

13 of the Border Security, Economic Op14 portunity, and Immigration Mod15 ernization Act. 

16 ‘‘(C) CONFIRMATION OR NONCONFIRMA17 TION.— 

18 ‘‘(i) INITIAL RESPONSE.— 

19 ‘‘(I) IN GENERAL.—Except as 

20 provided in subclause (II), the System 

21 shall provide— 

22 ‘‘(aa) a confirmation of an 

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1 ther action notice at the time of 

2 the inquiry; and 

3 ‘‘(bb) an appropriate code 

4 indicating such confirmation or 

5 such further action notice. 

6 ‘‘(II) ALTERNATIVE DEAD7 LINE.—If the System is unable to 

8 provide immediate confirmation or 

9 further action notice for technological 

10 reasons or due to unforeseen cir11 cumstances, the System shall provide 

12 a confirmation or further action notice 

13 not later than 3 business days after 

14 the initial inquiry. 

15 ‘‘(ii) CONFIRMATION UPON INITIAL

16 INQUIRY.—If the employer receives an ap17 propriate confirmation of an individual’s 

18 identity and employment authorized status 

19 under the System, the employer shall 

20 record the confirmation in such manner as 

21 the Secretary may specify. 

22 ‘‘(iii) FURTHER ACTION NOTICE AND

23 LATER CONFIRMATION OR NONCONFIRMA24 TION.— 


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1 ‘‘(I) NOTIFICATION AND AC2 KNOWLEDGMENT THAT FURTHER AC3 TION IS REQUIRED.—Not later than 3 

4 business days after an employer re5 ceives a further action notice of an in6 dividual’s identity or employment eli7 gibility under the System, or during 

8 such other reasonable time as the Sec9 retary may prescribe, the employer 

10 shall notify the individual for whom 

11 the confirmation is sought of the fur12 ther action notice and any procedures 

13 specified by the Secretary for address14 ing such notice. The further action 

15 notice shall be given to the individual 

16 in writing and the employer shall ac17 knowledge in the System under pen18 alty of perjury that it provided the 

19 employee with the further action no20 tice. The individual shall affirmatively 

21 acknowledge in writing, or in such 

22 other manner as the Secretary may 

23 specify, the receipt of the further ac24 tion notice from the employer. If the 

25 individual refuses to acknowledge the 


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1 receipt of the further action notice, or 

2 acknowledges in writing that the indi3 vidual will not contest the further ac4 tion notice under subclause (II), the 

5 employer shall notify the Secretary in 

6 such manner as the Secretary may 

7 specify. 

8 ‘‘(II) CONTEST.—Not later than 

9 10 business days after receiving noti10 fication of a further action notice 

11 under subclause (I), the individual 

12 shall contact the appropriate Federal 

13 agency and, if the Secretary so re14 quires, appear in person for purposes 

15 of verifying the individual’s identity 

16 and employment eligibility. The Sec17 retary, in consultation with the Com18 missioner and other appropriate Fed19 eral agencies, shall specify an avail20 able secondary verification procedure 

21 to confirm the validity of information 

22 provided and to provide a confirma23 tion or nonconfirmation. Any proce24 dures for reexamination shall not limit 


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1 in any way an employee’s right to ap2 peal a nonconfirmation. 

3 ‘‘(III) NO CONTEST.—If the indi4 vidual refuses to acknowledge receipt 

5 of the further action notice, acknowl6 edges that the individual will not con7 test the further action notice as pro8 vided in subclause (I), or does not 

9 contact the appropriate Federal agen10 cy within the period specified in sub11 clause (II), following expiration of the 

12 period specified in subclause (II), a 

13 nonconfirmation shall be issued. The 

14 employer shall record the noncon15 firmation in such manner as the Sec16 retary may specify and terminate the 

17 individual’s employment. An individ18 ual’s failure to contest a further ac19 tion notice shall not be considered an 

20 admission of guilt with respect to any 

21 violation of this section or any provi22 sion of law. 

23 ‘‘(IV) CONFIRMATION OR NON24 CONFIRMATION.—Unless the period is 

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1 clause, the System shall provide a 

2 confirmation or nonconfirmation not 

3 later than 10 business days after the 

4 date on which the individual contests 

5 the further action notice under sub6 clause (II). If the Secretary deter7 mines that good cause exists, after 

8 taking into account adverse impacts 

9 to the employer, and including time to 

10 permit the individual to obtain and 

11 provide needed evidence of identity or 

12 employment eligibility, the Secretary 

13 shall extend the period for providing 

14 confirmation or nonconfirmation for 

15 stated periods beyond 10 business 

16 days. When confirmation or noncon17 firmation is provided, the confirma18 tion system shall provide an appro19 priate code indicating such confirma20 tion or nonconfirmation. 

21 ‘‘(V) REEXAMINATION.—Nothing 

22 in this section shall prevent the Sec23 retary from establishing procedures to 

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1 vided if subsequently received infor2 mation indicates that the confirmation 

3 or nonconfirmation may not have been 

4 correct. Any procedures for reexam5 ination shall not limit in any way an 

6 employee’s right to appeal a noncon7 firmation. 

8 ‘‘(VI) EMPLOYEE PROTEC9 TIONS.—An employer may not termi10 nate employment or take any other 

11 adverse action against an individual 

12 solely because of a failure of the indi13 vidual to have identity and employ14 ment eligibility confirmed under this 

15 subsection until— 

16 ‘‘(aa) a nonconfirmation has 

17 been issued; 

18 ‘‘(bb) if the further action 

19 notice was contested, the period 

20 to timely file an administrative 

21 appeal has expired without an 

22 appeal or the contestation to the 

23 further action notice is with24 drawn; or 


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1 ‘‘(cc) if an appeal before an 

2 administrative law judge under 

3 paragraph (7) has been filed, the 

4 nonconfirmation has been upheld 

5 or the appeal has been withdrawn 

6 or dismissed. 

7 ‘‘(iv) NOTICE OF NONCONFIRMA8 TION.—Not later than 3 business days 

9 after an employer receives a nonconfirma10 tion, or during such other reasonable time 

11 as the Secretary may provide, the employer 

12 shall notify the individual who is the sub13 ject of the nonconfirmation, and provide 

14 information about filing an administrative 

15 appeal pursuant to paragraph (6) and a 

16 request for a hearing before an administra17 tive law judge pursuant to paragraph (7). 

18 The nonconfirmation notice shall be given 

19 to the individual in writing and the em20 ployer shall acknowledge in the System 

21 under penalty of perjury that it provided 

22 the notice (or adequately attempted to pro23 vide notice, but was unable to do so despite 

24 reasonable efforts). The individual shall af25 firmatively acknowledge in writing, or in 


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1 such other manner as the Secretary may 

2 prescribe, the receipt of the nonconfirma3 tion notice from the employer. If the indi4 vidual refuses or fails to acknowledge the 

5 receipt of the nonconfirmation notice, the 

6 employer shall notify the Secretary in such 

7 manner as the Secretary may prescribe. 

8 ‘‘(D) CONSEQUENCES OF NONCONFIRMA9 TION.— 

10 ‘‘(i) TERMINATION OF CONTINUED

11 EMPLOYMENT.—Except as provided in 

12 clause (iii), an employer that has received 

13 a nonconfirmation regarding an individual 

14 and has made reasonable efforts to notify 

15 the individual in accordance with subpara16 graph (C)(iv) shall terminate the employ17 ment of the individual upon the expiration 

18 of the time period specified in paragraph 

19 (7). 

20 ‘‘(ii) CONTINUED EMPLOYMENT

21 AFTER NONCONFIRMATION.—If the em22 ployer continues to employ an individual 

23 after receiving nonconfirmation and ex24 haustion of all appeals or expiration of all 

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1 tion of clause (i), a rebuttable presumption 

2 is created that the employer has violated 

3 paragraphs (1)(A) and (2) of subsection 

4 (a). Such presumption shall not apply in 

5 any prosecution under subsection (k)(1). 

6 ‘‘(iii) EFFECT OF ADMINISTRATIVE

7 APPEAL OR REVIEW BY ADMINISTRATIVE

8 LAW JUDGE.—If an individual files an ad9 ministrative appeal of the nonconfirmation 

10 within the time period specified in para11 graph (6)(A), or files for review with an 

12 administrative law judge specified in para13 graph (7)(A), the employer shall not termi14 nate the individual’s employment under 

15 this subparagraph prior to the resolution 

16 of the administrative appeal unless the 

17 Secretary or Commissioner terminates the 

18 stay under paragraph (6)(B) or (7)(B). 

19 ‘‘(iv) WEEKLY REPORT.—The Direc20 tor of U.S. Citizenship and Immigration 

21 Services shall submit a weekly report to 

22 the Assistant Secretary for Immigration 

23 and Customs Enforcement that includes, 

24 for each individual who receives final non25 confirmation through the System— 


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1 ‘‘(I) the name of such individual; 

2 ‘‘(II) his or her social security 

3 number or alien file number; 

4 ‘‘(III) the name and contact in5 formation for his or her current em6 ployer; and 

7 ‘‘(IV) any other critical informa8 tion that the Assistant Secretary de9 termines to be appropriate. 

10 ‘‘(E) OBLIGATION TO RESPOND TO QUE11 RIES AND ADDITIONAL INFORMATION.— 

12 ‘‘(i) IN GENERAL.—Employers shall 

13 comply with requests for information from 

14 the Secretary and the Special Counsel for 

15 Immigration-Related Unfair Employment 

16 Practices of the Department of Justice, in17 cluding queries concerning current and 

18 former employees, within the time frame 

19 during which records are required to be 

20 maintained under this section regarding 

21 such former employees, if such information 

22 relates to the functioning of the System, 

23 the accuracy of the responses provided by 

24 the System, or any suspected misuse, dis25 crimination, fraud, or identity theft in the 


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1 use of the System. Failure to comply with 

2 a request under this clause constitutes a 

3 violation of subsection (a)(1)(B). 

4 ‘‘(ii) ACTION BY INDIVIDUALS.— 

5 ‘‘(I) IN GENERAL.—Individuals 

6 being verified through the System 

7 may be required to take further action 

8 to address questions identified by the 

9 Secretary or the Commissioner re10 garding the documents relied upon for 

11 purposes of subsection (c). 

12 ‘‘(II) NOTIFICATION.—Not later 

13 than 3 business days after the receipt 

14 of such questions regarding an indi15 vidual, or during such other reason16 able time as the Secretary may pre17 scribe, the employer shall— 

18 ‘‘(aa) notify the individual of 

19 any such requirement for further 

20 actions; and 

21 ‘‘(bb) record the date and 

22 manner of such notification. 

23 ‘‘(III) ACKNOWLEDGMENT.—The 

24 individual shall acknowledge the noti25 fication received from the employer 


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1 under subclause (II) in writing, or in 

2 such other manner as the Secretary 

3 may prescribe. 

4 ‘‘(iii) RULEMAKING.— 

5 ‘‘(I) IN GENERAL.—The Sec6 retary, in consultation with the Com7 missioner and the Attorney General, 

8 is authorized to issue regulations im9 plementing, clarifying, and 

10 supplementing the requirements under 

11 this subparagraph— 

12 ‘‘(aa) to facilitate the func13 tioning, accuracy, and fairness of 

14 the System; 

15 ‘‘(bb) to prevent misuse, dis16 crimination, fraud, or identity 

17 theft in the use of the System; or 

18 ‘‘(cc) to protect and main19 tain the confidentiality of infor20 mation that could be used to lo21 cate or otherwise place at risk of 

22 harm victims of domestic vio23 lence, dating violence, sexual as24 sault, stalking, and human traf25 ficking, and of the applicant or 


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1 beneficiary of any petition de2 scribed in section 384(a)(2) of 

3 the Illegal Immigration Reform 

4 and Immigrant Responsibility 

5 Act of 1996 (8 U.S.C. 

6 1367(a)(2)). 

7 ‘‘(II) NOTICE.—The regulations 

8 issued under subclause (I) shall be— 

9 ‘‘(aa) published in the Fed10 eral Register; and 

11 ‘‘(bb) provided directly to all 

12 employers registered in the Sys13 tem. 

14 ‘‘(F) DESIGNATED AGENTS.—The Sec15 retary shall establish a process— 

16 ‘‘(i) for certifying, on an annual basis 

17 or at such times as the Secretary may pre18 scribe, designated agents and other System 

19 service providers seeking access to the Sys20 tem to perform verification queries on be21 half of employers, based upon training, 

22 usage, privacy, and security standards pre23 scribed by the Secretary; 

24 ‘‘(ii) for ensuring that designated 

25 agents and other System service providers 


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1 are subject to monitoring to the same ex2 tent as direct access users; and 

3 ‘‘(iii) for establishing standards for 

4 certification of electronic I–9 programs. 

5 ‘‘(G) REQUIREMENT TO PROVIDE INFOR6 MATION.— 

7 ‘‘(i) IN GENERAL.—No later than 3 

8 months after the date of the enactment of 

9 the Border Security, Economic Oppor10 tunity, and Immigration Modernization 

11 Act, the Secretary, in consultation with the 

12 Secretary of Labor, the Secretary of Agri13 culture, the Commissioner, the Attorney 

14 General, the Equal Employment Oppor15 tunity Commission, and the Administrator 

16 of the Small Business Administration, 

17 shall commence a campaign to disseminate 

18 information respecting the procedures, 

19 rights, and remedies prescribed under this 

20 section. 

21 ‘‘(ii) CAMPAIGN REQUIREMENTS.— 

22 The campaign authorized under clause 

23 (i)— 

24 ‘‘(I) shall be aimed at increasing 

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1 ees, and the general public concerning 

2 employer and employee rights, respon3 sibilities, and remedies under this sec4 tion; and 

5 ‘‘(II) shall be coordinated with 

6 the public education campaign con7 ducted by U.S. Citizenship and Immi8 gration Services. 

9 ‘‘(iii) ASSESSMENT.—The Secretary 

10 shall assess the success of the campaign in 

11 achieving the goals of the campaign. 

12 ‘‘(iv) AUTHORITY TO CONTRACT.—In 

13 order to carry out and assess the campaign 

14 under this subparagraph, the Secretary 

15 may, to the extent deemed appropriate and 

16 subject to the availability of appropria17 tions, contract with public and private or18 ganizations for outreach and assessment 

19 activities under the campaign. 

20 ‘‘(v) AUTHORIZATION OF APPROPRIA21 TIONS.—There are authorized to be appro22 priated to carry out this paragraph 

23 $40,000,000 for each of the fiscal years 

24 2014 through 2016. 


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1 ‘‘(H) AUTHORITY TO MODIFY INFORMA2 TION REQUIREMENTS.—Based on a regular re3 view of the System and the document 

4 verification procedures to identify misuse or 

5 fraudulent use and to assess the security of the 

6 documents and processes used to establish iden7 tity or employment authorized status, the Sec8 retary, in consultation with the Commissioner, 

9 after publication of notice in the Federal Reg10 ister and an opportunity for public comment, 

11 may modify, if the Secretary determines that 

12 the modification is necessary to ensure that the 

13 System accurately and reliably determines the 

14 identity and employment authorized status of 

15 employees and maintain existing protections 

16 against misuse, discrimination, fraud, and iden17 tity theft— 

18 ‘‘(i) the information that shall be pre19 sented to the employer by an individual; 

20 ‘‘(ii) the information that shall be pro21 vided to the System by the employer; and 

22 ‘‘(iii) the procedures that shall be fol23 lowed by employers with respect to the 

24 process of verifying an individual through 

25 the System. 


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1 ‘‘(I) SELF-VERIFICATION.—Subject to ap2 propriate safeguards to prevent misuse of the 

3 system, the Secretary, in consultation with the 

4 Commissioner, shall establish a secure self5 verification procedure to permit an individual 

6 who seeks to verify the individual’s own employ7 ment eligibility to contact the appropriate agen8 cy and, in a timely manner, correct or update 

9 the information contained in the System. 

10 ‘‘(5) PROTECTION FROM LIABILITY FOR AC11 TIONS TAKEN ON THE BASIS OF INFORMATION PRO12 VIDED BY THE SYSTEM.—An employer shall not be 

13 liable to a job applicant, an employee, the Federal 

14 Government, or a State or local government, under 

15 Federal, State, or local criminal or civil law for any 

16 employment-related action taken with respect to a 

17 job applicant or employee in good faith reliance on 

18 information provided by the System. 

19 ‘‘(6) ADMINISTRATIVE APPEAL.— 

20 ‘‘(A) IN GENERAL.—An individual who is 

21 notified of a nonconfirmation may, not later 

22 than 10 business days after the date that such 

23 notice is received, file an administrative appeal 

24 of such nonconfirmation with the Commissioner 

25 if the notice is based on records maintained by 


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1 the Commissioner, or in any other case, with 

2 the Secretary. An individual who did not timely 

3 contest a further action notice timely received 

4 by that individual for which the individual ac5 knowledged receipt may not be granted a review 

6 under this paragraph. 

7 ‘‘(B) ADMINISTRATIVE STAY OF NONCON8 FIRMATION.—The nonconfirmation shall be 

9 automatically stayed upon the timely filing of 

10 an administrative appeal, unless the noncon11 firmation resulted after the individual acknowl12 edged receipt of the further action notice but 

13 failed to contact the appropriate agency within 

14 the time provided. The stay shall remain in ef15 fect until the resolution of the appeal, unless 

16 the Secretary or the Commissioner terminates 

17 the stay based on a determination that the ad18 ministrative appeal is frivolous or filed for pur19 poses of delay. 

20 ‘‘(C) REVIEW FOR ERROR.—The Secretary 

21 and the Commissioner shall develop procedures 

22 for resolving administrative appeals regarding 

23 nonconfirmations based upon the information 

24 that the individual has provided, including any 

25 additional evidence or argument that was not 


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1 previously considered. Any such additional evi2 dence or argument shall be filed within 10 busi3 ness days of the date the appeal was originally 

4 filed. Appeals shall be resolved within 20 busi5 ness days after the individual has submitted all 

6 evidence and arguments the individual wishes to 

7 submit, or has stated in writing that there is no 

8 additional evidence that the individual wishes to 

9 submit. The Secretary and the Commissioner 

10 may, on a case by case basis for good cause, ex11 tend the filing and submission period in order 

12 to ensure accurate resolution of an appeal be13 fore the Secretary or the Commissioner. 

14 ‘‘(D) PREPONDERANCE OF EVIDENCE.— 

15 Administrative appeal under this paragraph 

16 shall be limited to whether a nonconfirmation 

17 notice is supported by a preponderance of the 

18 evidence. 

19 ‘‘(E) DAMAGES, FEES, AND COSTS.—No 

20 money damages, fees or costs may be awarded 

21 in the administrative appeal process under this 

22 paragraph. 

23 ‘‘(7) REVIEW BY ADMINISTRATIVE LAW

24 JUDGE.— 


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1 ‘‘(A) IN GENERAL.—Not later than 30 

2 days after the date an individual receives a final 

3 determination on an administrative appeal 

4 under paragraph (6), the individual may obtain 

5 review of such determination by filing a com6 plaint with a Department of Justice administra7 tive law judge in accordance with this para8 graph. 

9 ‘‘(B) STAY OF NONCONFIRMATION.—The 

10 nonconfirmation related to such final deter11 mination shall be automatically stayed upon the 

12 timely filing of a complaint under this para13 graph, and the stay shall remain in effect until 

14 the resolution of the complaint, unless the ad15 ministrative law judge determines that the ac16 tion is frivolous or filed for purposes of delay. 

17 ‘‘(C) SERVICE.—The respondent to com18 plaint filed under this paragraph is either the 

19 Secretary or the Commissioner, but not both, 

20 depending upon who issued the administrative 

21 order under paragraph (6). In addition to serv22 ing the respondent, the plaintiff shall serve the 

23 Attorney General. 

24 ‘‘(D) AUTHORITY OF ADMINISTRATIVE

25 LAW JUDGE.— 


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1 ‘‘(i) RULES OF PRACTICE.—The Sec2 retary shall promulgate regulations regard3 ing the rules of practice in appeals brought 

4 pursuant to this subsection. 

5 ‘‘(ii) AUTHORITY OF ADMINISTRATIVE

6 LAW JUDGE.—The administrative law 

7 judge shall have power to— 

8 ‘‘(I) terminate a stay of a non9 confirmation under subparagraph (B) 

10 if the administrative law judge deter11 mines that the action is frivolous or 

12 filed for purposes of delay; 

13 ‘‘(II) adduce evidence at a hear14 ing; 

15 ‘‘(III) compel by subpoena the 

16 attendance of witnesses and the pro17 duction of evidence at any designated 

18 place or hearing; 

19 ‘‘(IV) resolve claims of identity 

20 theft; and 

21 ‘‘(V) enter, upon the pleadings 

22 and any evidence adduced at a hear23 ing, a decision affirming or reversing 

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1 out remanding the cause for a rehear2 ing. 

3 ‘‘(iii) SUBPOENA.—In case of contu4 macy or refusal to obey a subpoena law5 fully issued under this section and upon 

6 application of the administrative law judge, 

7 an appropriate district court of the United 

8 States may issue an order requiring com9 pliance with such subpoena and any failure 

10 to obey such order may be punished by 

11 such court as a contempt of such court. 

12 ‘‘(iv) TRAINING.—An administrative 

13 law judge hearing cases shall have special 

14 training respecting employment authorized 

15 status verification. 

16 ‘‘(E) ORDER BY ADMINISTRATIVE LAW

17 JUDGE.— 

18 ‘‘(i) IN GENERAL.—The administra19 tive law judge shall issue and cause to be 

20 served to the parties in the proceeding an 

21 order which may be appealed as provided 

22 in subparagraph (G). 

23 ‘‘(ii) CONTENTS OF ORDER.—Such an 

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1 ation and order lost wages and other ap2 propriate remedies as provided in subpara3 graph (F). 

4 ‘‘(F) COMPENSATION FOR ERROR.— 

5 ‘‘(i) IN GENERAL.—In cases in which 

6 the administrative law judge reverses the 

7 final determination of the Secretary or the 

8 Commissioner made under paragraph (6), 

9 and the administrative law judge finds 

10 that— 

11 ‘‘(I) the nonconfirmation was due 

12 to gross negligence or intentional mis13 conduct of the employer, the adminis14 trative law judge may order the em15 ployer to pay the individual lost 

16 wages, and reasonable costs and attor17 neys’ fees incurred during administra18 tive and judicial review; or 

19 ‘‘(II) such final determination 

20 was erroneous by reason of the neg21 ligence of the Secretary or the Com22 missioner, the administrative law 

23 judge may order the Secretary or the 

24 Commissioner to pay the individual 

25 lost wages, and reasonable costs and 


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1 attorneys’ fees incurred during the ad2 ministrative appeal and the adminis3 trative law judge review. 

4 ‘‘(ii) CALCULATION OF LOST

5 WAGES.—Lost wages shall be calculated 

6 based on the wage rate and work schedule 

7 that prevailed prior to termination. The in8 dividual shall be compensated for wages 

9 lost beginning on the first scheduled work 

10 day after employment was terminated and 

11 ending 120 days after completion of the 

12 administrative law judge’s review described 

13 in this paragraph or the day after the indi14 vidual is reinstated or obtains employment 

15 elsewhere, whichever occurs first. If the in16 dividual obtains employment elsewhere at a 

17 lower wage rate, the individual shall be 

18 compensated for the difference in wages 

19 for the period ending 120 days after com20 pletion of the administrative law judge re21 view process. No lost wages shall be award22 ed for any period of time during which the 

23 individual was not in employment author24 ized status. 


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1 ‘‘(iii) PAYMENT OF COMPENSATION.— 

2 Notwithstanding any other law, payment of 

3 compensation for lost wages, costs, and at4 torneys’ fees under this paragraph, or com5 promise settlements of the same, shall be 

6 made as provided by section 1304 of title 

7 31, United States Code. Appropriations 

8 made available to the Secretary or the 

9 Commissioner, accounts provided for under 

10 section 286, and funds from the Federal 

11 Old-Age and Survivors Insurance Trust 

12 Fund or the Federal Disability Insurance 

13 Trust Fund shall not be available to pay 

14 such compensation. 

15 ‘‘(G) APPEAL.—No later than 45 days 

16 after the entry of such final order, any person 

17 adversely affected by such final order may seek 

18 review of such order in the United States Court 

19 of Appeals for the circuit in which the violation 

20 is alleged to have occurred or in which the em21 ployer resides or transacts business. 

22 ‘‘(8) MANAGEMENT OF THE SYSTEM.— 

23 ‘‘(A) IN GENERAL.—The Secretary is au24 thorized to establish, manage, and modify the 

25 System, which shall— 


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1 ‘‘(i) respond to inquiries made by par2 ticipating employers at any time through 

3 the internet, or such other means as the 

4 Secretary may designate, concerning an in5 dividual’s identity and whether the indi6 vidual is in employment authorized status; 

7 ‘‘(ii) maintain records of the inquiries 

8 that were made, of confirmations provided 

9 (or not provided), and of the codes pro10 vided to employers as evidence of their 

11 compliance with their obligations under the 

12 System; and 

13 ‘‘(iii) provide information to, and re14 quire action by, employers and individuals 

15 using the System. 

16 ‘‘(B) DESIGN AND OPERATION OF SYS17 TEM.—The System shall be designed and oper18 ated— 

19 ‘‘(i) to maximize its reliability and 

20 ease of use by employers consistent with 

21 protecting the privacy and security of the 

22 underlying information, and ensuring full 

23 notice of such use to employees; 

24 ‘‘(ii) to maximize its ease of use by 

25 employees, including direct notification of 


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1 its use, of results, and ability to challenge 

2 results; 

3 ‘‘(iii) to respond accurately to all in4 quiries made by employers on whether in5 dividuals are authorized to be employed 

6 and to register any times when the system 

7 is unable to receive inquiries; 

8 ‘‘(iv) to maintain appropriate adminis9 trative, technical, and physical safeguards 

10 to prevent unauthorized disclosure of per11 sonal information, misuse by employers 

12 and employees, and discrimination; 

13 ‘‘(v) to require regularly scheduled re14 fresher training of all users of the System 

15 to ensure compliance with all procedures; 

16 ‘‘(vi) to allow for auditing of the use 

17 of the System to detect misuse, discrimina18 tion, fraud, and identity theft, to protect 

19 privacy and assess System accuracy, and 

20 to preserve the integrity and security of 

21 the information in all of the System, in22 cluding— 

23 ‘‘(I) to develop and use tools and 

24 processes to detect or prevent fraud 

25 and identity theft, such as multiple 


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1 uses of the same identifying informa2 tion or documents to fraudulently gain 

3 employment; 

4 ‘‘(II) to develop and use tools 

5 and processes to detect and prevent 

6 misuse of the system by employers 

7 and employees; 

8 ‘‘(III) to develop tools and proc9 esses to detect anomalies in the use of 

10 the system that may indicate potential 

11 fraud or misuse of the system; 

12 ‘‘(IV) to audit documents and in13 formation submitted by employees to 

14 employers, including authority to con15 duct interviews with employers and 

16 employees, and obtain information 

17 concerning employment from the em18 ployer; 

19 ‘‘(vii) to confirm identity and employ20 ment authorization through verification 

21 and comparison of records as determined 

22 necessary by the Secretary; 

23 ‘‘(viii) to confirm electronically the 

24 issuance of the employment authorization 

25 or identity document and— 


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1 ‘‘(I) if such photograph is avail2 able, to display the digital photograph 

3 that the issuer placed on the docu4 ment so that the employer can com5 pare the photograph displayed to the 

6 photograph on the document pre7 sented by the employee; or 

8 ‘‘(II) if a photograph is not avail9 able from the issuer, to confirm the 

10 authenticity of the document using 

11 such alternative procedures as the 

12 Secretary may specify; and 

13 ‘‘(ix) to provide appropriate notifica14 tion directly to employers registered with 

15 the System of all changes made by the 

16 Secretary or the Commissioner related to 

17 allowed and prohibited documents, and use 

18 of the System. 

19 ‘‘(C) SAFEGUARDS TO THE SYSTEM.— 

20 ‘‘(i) REQUIREMENT TO DEVELOP.— 

21 The Secretary, in consultation with the 

22 Commissioner and other appropriate Fed23 eral and State agencies, shall develop poli24 cies and procedures to ensure protection of 

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1 tifiable information and identifiers con2 tained in the records accessed or main3 tained by the System. The Secretary, in 

4 consultation with the Commissioner and 

5 other appropriate Federal and State agen6 cies, shall develop and deploy appropriate 

7 privacy and security training for the Fed8 eral and State employees accessing the 

9 records under the System. 

10 ‘‘(ii) PRIVACY AUDITS.—The Sec11 retary, acting through the Chief Privacy 

12 Officer of the Department, shall conduct 

13 regular privacy audits of the policies and 

14 procedures established under clause (i), in15 cluding any collection, use, dissemination, 

16 and maintenance of personally identifiable 

17 information and any associated informa18 tion technology systems, as well as scope of 

19 requests for this information. The Chief 

20 Privacy Officer shall review the results of 

21 the audits and recommend to the Secretary 

22 any changes necessary to improve the pri23 vacy protections of the program. 

24 ‘‘(iii) ACCURACY AUDITS.— 


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1 ‘‘(I) IN GENERAL.—Not later 

2 than November 30 of each year, the 

3 Inspector General of the Department 

4 of Homeland Security shall submit a 

5 report to the Secretary, with a copy to 

6 the President of the Senate and the 

7 Speaker of the House of Representa8 tives, that sets forth the error rate of 

9 the System for the previous fiscal year 

10 and the assessments required to be 

11 submitted by the Secretary under sub12 paragraphs (A) and (B) of paragraph 

13 (10). The report shall describe in de14 tail the methodology employed for 

15 purposes of the report, and shall make 

16 recommendations for how error rates 

17 may be reduced. 

18 ‘‘(II) ERROR RATE DEFINED.—In 

19 this clause, the term ‘error rate’ 

20 means the percentage determined by 

21 dividing— 

22 ‘‘(aa) the number of employ23 ment authorized individuals who 

24 received further action notices, 

25 contested such notices, and were 


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1 subsequently found to be employ2 ment authorized; by 

3 ‘‘(bb) the number of System 

4 inquiries submitted for employ5 ment authorized individuals. 

6 ‘‘(III) REDUCTION OF PENALTIES

7 FOR RECORDKEEPING OR

8 VERIFICATION PRACTICES FOLLOWING

9 PERSISTENT SYSTEM INACCURA10 CIES.—Notwithstanding subsection 

11 (e)(4)(C)(i), in any calendar year fol12 lowing a report by the Inspector Gen13 eral under subclause (I) that the Sys14 tem had an error rate higher than 0.3 

15 percent for the previous fiscal year, 

16 the civil penalty assessable by the Sec17 retary or an administrative law judge 

18 under that subsection for each first19 time violation by an employer who has 

20 not previously been penalized under 

21 this section may not exceed $1,000. 

22 ‘‘(iv) RECORDS SECURITY PRO23 GRAM.—Any person, including a private 

24 third party vendor, who retains document 

25 verification or System data pursuant to 


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1 this section shall implement an effective 

2 records security program that— 

3 ‘‘(I) ensures that only authorized 

4 personnel have access to document 

5 verification or System data; and 

6 ‘‘(II) ensures that whenever such 

7 data is created, completed, updated, 

8 modified, altered, or corrected in elec9 tronic format, a secure and perma10 nent record is created that establishes 

11 the date of access, the identity of the 

12 individual who accessed the electronic 

13 record, and the particular action 

14 taken. 

15 ‘‘(v) RECORDS SECURITY PROGRAM.— 

16 In addition to the security measures de17 scribed in clause (iv), a private third party 

18 vendor who retains document verification 

19 or System data pursuant to this section 

20 shall implement an effective records secu21 rity program that— 

22 ‘‘(I) provides for backup and re23 covery of any records maintained in 

24 electronic format to protect against 


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1 information loss, such as power inter2 ruptions; and 

3 ‘‘(II) ensures that employees are 

4 trained to minimize the risk of unau5 thorized or accidental alteration or 

6 erasure of such data in electronic for7 mat. 

8 ‘‘(vi) AUTHORIZED PERSONNEL DE9 FINED.—In this subparagraph, the term 

10 ‘authorized personnel’ means anyone reg11 istered as a System user, or anyone with 

12 partial or full responsibility for completion 

13 of employment authorization verification or 

14 retention of data in connection with em15 ployment authorization verification on be16 half of an employer. 

17 ‘‘(D) AVAILABLE FACILITIES AND ALTER18 NATIVE ACCOMMODATIONS.—The Secretary 

19 shall make appropriate arrangements and de20 velop standards to allow employers or employ21 ees, including remote hires, who are otherwise 

22 unable to access the System to use electronic 

23 and telephonic formats (including video confer24 encing, scanning technology, and other available 

25 technologies), Federal Government facilities, 


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1 public facilities, or other available locations in 

2 order to utilize the System. 

3 ‘‘(E) RESPONSIBILITIES OF THE SEC4 RETARY.— 

5 ‘‘(i) IN GENERAL.—As part of the 

6 System, the Secretary shall maintain a re7 liable, secure method, which, operating 

8 through the System and within the time 

9 periods specified, compares the name, alien 

10 identification or authorization number, or 

11 other information as determined relevant 

12 by the Secretary, provided in an inquiry 

13 against such information maintained or 

14 accessed by the Secretary in order to con15 firm (or not confirm) the validity of the in16 formation provided, the correspondence of 

17 the name and number, whether the alien 

18 has employment authorized status (or, to 

19 the extent that the Secretary determines to 

20 be feasible and appropriate, whether the 

21 records available to the Secretary verify 

22 the identity or status of a national of the 

23 United States), and such other information 

24 as the Secretary may prescribe. 


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1 ‘‘(ii) PHOTOGRAPH DISPLAY.—As part 

2 of the System, the Secretary shall establish 

3 a reliable, secure method, which, operating 

4 through the System, displays the digital 

5 photograph described in subparagraph 

6 (B)(viii)(I). 

7 ‘‘(iii) TIMING OF NOTICES.—The Sec8 retary shall have authority to prescribe 

9 when a confirmation, nonconfirmation, or 

10 further action notice shall be issued. 

11 ‘‘(iv) USE OF INFORMATION.—The 

12 Secretary shall perform regular audits 

13 under the System, as described in subpara14 graph (B)(vi) and shall utilize the informa15 tion obtained from such audits, as well as 

16 any information obtained from the Com17 missioner pursuant to part E of title XI of 

18 the Social Security Act (42 U.S.C. 1301 et 

19 seq.), for the purposes of this section and 

20 to administer and enforce the immigration 

21 laws. 

22 ‘‘(v) IDENTITY FRAUD PROTECTION.— 

23 To prevent identity fraud, not later than 

24 18 months after the date of the enactment 

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1 tunity, and Immigration Modernization 

2 Act, the Secretary shall— 

3 ‘‘(I) in consultation with the 

4 Commissioner, establish a program to 

5 provide a reliable, secure method for 

6 an individual to temporarily suspend 

7 or limit the use of the individual’s so8 cial security account number or other 

9 identifying information for verification 

10 by the System; and 

11 ‘‘(II) for each individual being 

12 verified through the System— 

13 ‘‘(aa) notify the individual 

14 that the individual has the option 

15 to limit the use of the individ16 ual’s social security account num17 ber or other identifying informa18 tion for verification by the Sys19 tem; and 

20 ‘‘(bb) provide instructions to 

21 the individuals for exercising the 

22 option referred to in item (aa). 

23 ‘‘(vi) ALLOWING PARENTS TO PRE24 VENT THEFT OF THEIR CHILD’S IDEN25 TITY.—The Secretary, in consultation with 


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1 the Commissioner, shall establish a pro2 gram that provides a reliable, secure meth3 od by which parents or legal guardians 

4 may suspend or limit the use of the social 

5 security account number or other identi6 fying information of a minor under their 

7 care for the purposes of the System. The 

8 Secretary may implement the program on 

9 a limited pilot program basis before mak10 ing it fully available to all individuals. 

11 ‘‘(vii) PROTECTION FROM MULTIPLE

12 USE.—The Secretary and the Commis13 sioner shall establish a procedure for iden14 tifying and handling a situation in which a 

15 social security account number has been 

16 identified to be subject to unusual multiple 

17 use in the System or is otherwise suspected 

18 or determined to have been compromised 

19 by identity fraud. 

20 ‘‘(viii) MONITORING AND COMPLIANCE

21 UNIT.—The Secretary shall establish or 

22 designate a monitoring and compliance 

23 unit to detect and reduce identity fraud 

24 and other misuse of the System. 


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1 ‘‘(ix) CIVIL RIGHTS AND CIVIL LIB2 ERTIES ASSESSMENTS.— 

3 ‘‘(I) REQUIREMENT TO CON4 DUCT.—The Secretary shall conduct 

5 regular civil rights and civil liberties 

6 assessments of the System, including 

7 participation by employers, other pri8 vate entities, and Federal, State, and 

9 local government entities. 

10 ‘‘(II) REQUIREMENT TO RE11 SPOND.—Employers, other private en12 tities, and Federal, State, and local 

13 entities shall timely respond to any re14 quest in connection with such an as15 sessment. 

16 ‘‘(III) ASSESSMENT AND REC17 OMMENDATIONS.—The Officer for 

18 Civil Rights and Civil Liberties of the 

19 Department shall review the results of 

20 each such assessment and recommend 

21 to the Secretary any changes nec22 essary to improve the civil rights and 

23 civil liberties protections of the Sys24 tem. 

25 ‘‘(F) GRANTS TO STATES.— 


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1 ‘‘(i) IN GENERAL.—The Secretary 

2 shall create and administer a grant pro3 gram to help provide funding for States 

4 that grant— 

5 ‘‘(I) the Secretary access to driv6 er’s license information as needed to 

7 confirm that a driver’s license pre8 sented under subsection (c)(1)(D)(i) 

9 confirms the identity of the subject of 

10 the System check, and that a driver’s 

11 license matches the State’s records; 

12 and 

13 ‘‘(II) such assistance as the Sec14 retary may request in order to resolve 

15 further action notices or nonconfirma16 tions relating to such information. 

17 ‘‘(ii) CONSTRUCTION WITH THE DRIV18 ER’S PRIVACY PROTECTION ACT OF 1994.— 

19 The provision of a photograph to the Sec20 retary as described in clause (i) may not be 

21 construed as a violation of section 2721 of 

22 title 18, United States Code, and is a per23 missible use under subsection (b)(1) of 

24 that section. 


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1 ‘‘(iii) AUTHORIZATION OF APPROPRIA2 TIONS.—There is authorized to be appro3 priated to the Secretary $250,000,000 to 

4 carry out this subparagraph. 

5 ‘‘(G) RESPONSIBILITIES OF THE SEC6 RETARY OF STATE.—As part of the System, the 

7 Secretary of State shall provide to the Sec8 retary access to passport and visa information 

9 as needed to confirm that a passport, passport 

10 card, or visa presented under subsection 

11 (c)(1)(C) confirms the identity of the subject of 

12 the System check, and that a passport, passport 

13 card, or visa photograph matches the Secretary 

14 of State’s records, and shall provide such assist15 ance as the Secretary may request in order to 

16 resolve further action notices or nonconfirma17 tions relating to such information. 

18 ‘‘(H) UPDATING INFORMATION.—The 

19 Commissioner, the Secretary, and the Secretary 

20 of State shall update their information in a 

21 manner that promotes maximum accuracy and 

22 shall provide a process for the prompt correc23 tion of erroneous information. 

24 ‘‘(9) LIMITATION ON USE OF THE SYSTEM.— 

25 Notwithstanding any other provision of law, nothing 


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1 in this subsection may be construed to permit or 

2 allow any department, bureau, or other agency of 

3 the United States Government or any other entity to 

4 utilize any information, database, or other records 

5 assembled under this subsection for any purpose 

6 other than for employment verification or to ensure 

7 secure, appropriate and nondiscriminatory use of the 

8 System. 

9 ‘‘(10) ANNUAL REPORT AND CERTIFICATION.— 

10 Not later than 18 months after the promulgation of 

11 regulations to implement this subsection, and annu12 ally thereafter, the Secretary shall submit to Con13 gress a report that includes the following: 

14 ‘‘(A) An assessment, as submitted to the 

15 Secretary by the Inspector General of the De16 partment of Homeland Security pursuant to 

17 paragraph (8)(C)(iii)(I), of the accuracy rates 

18 of further action notices and other System no19 tices provided by employers to individuals who 

20 are authorized to be employed in the United 

21 States. 

22 ‘‘(B) An assessment, as submitted to the 

23 Secretary by the Inspector General of the De24 partment of Homeland Security pursuant to 

25 paragraph (8)(C)(iii)(I), of the accuracy rates 


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1 of further action notices and other System no2 tices provided directly (by the System) in a 

3 timely fashion to individuals who are not au4 thorized to be employed in the United States. 

5 ‘‘(C) An assessment of any challenges 

6 faced by small employers in utilizing the Sys7 tem. 

8 ‘‘(D) An assessment of the rate of em9 ployer noncompliance (in addition to failure to 

10 provide required notices in a timely fashion) in 

11 each of the following categories: 

12 ‘‘(i) Taking adverse action based on a 

13 further action notice. 

14 ‘‘(ii) Use of the System for non15 employees or other individuals before they 

16 are offered employment. 

17 ‘‘(iii) Use of the System to reverify 

18 employment authorized status of current 

19 employees except if authorized to do so. 

20 ‘‘(iv) Use of the System selectively, 

21 except in cases in which such use is au22 thorized. 

23 ‘‘(v) Use of the System to deny em24 ployment or post-employment benefits or 

25 otherwise interfere with labor rights. 


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1 ‘‘(vi) Requiring employees or appli2 cants to use any self-verification feature or 

3 to provide self-verification results. 

4 ‘‘(vii) Discouraging individuals who 

5 receive a further action notice from chal6 lenging the further action notice or appeal7 ing a determination made by the System. 

8 ‘‘(E) An assessment of the rate of em9 ployee noncompliance in each of the following 

10 categories: 

11 ‘‘(i) Obtaining employment when un12 authorized with an employer complying 

13 with the System in good faith. 

14 ‘‘(ii) Failure to provide required docu15 ments in a timely manner. 

16 ‘‘(iii) Attempting to use fraudulent 

17 documents or documents not related to the 

18 individual. 

19 ‘‘(iv) Misuse of the administrative ap20 peal and judicial review process. 

21 ‘‘(F) An assessment of the amount of time 

22 taken for— 

23 ‘‘(i) the System to provide the con24 firmation or further action notice; 


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1 ‘‘(ii) individuals to contest further ac2 tion notices; 

3 ‘‘(iii) the System to provide a con4 firmation or nonconfirmation of a con5 tested further action notice; 

6 ‘‘(iv) individuals to file an administra7 tive appeal of a nonconfirmation; and 

8 ‘‘(v) resolving administrative appeals 

9 regarding nonconfirmations. 

10 ‘‘(11) ANNUAL GAO STUDY AND REPORT.— 

11 ‘‘(A) REQUIREMENT.—The Comptroller 

12 General shall, for each year, undertake a study 

13 to evaluate the accuracy, efficiency, integrity, 

14 and impact of the System. 

15 ‘‘(B) REPORT.—Not later than 18 months 

16 after the promulgation of regulations to imple17 ment this subsection, and yearly thereafter, the 

18 Comptroller General shall submit to Congress a 

19 report containing the findings of the study car20 ried out under this paragraph. Each such re21 port shall include, at a minimum, the following: 

22 ‘‘(i) An assessment of System per23 formance with respect to the rate at which 

24 individuals who are eligible for employment 

25 in the United States are correctly approved 


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1 within the required periods, including a 

2 separate assessment of such rate for natu3 ralized United States citizens, nationals of 

4 the United States, and aliens. 

5 ‘‘(ii) An assessment of the privacy and 

6 confidentiality of the System and of the 

7 overall security of the System with respect 

8 to cybertheft and theft or misuse of private 

9 data. 

10 ‘‘(iii) An assessment of whether the 

11 System is being implemented in a manner 

12 that is not discriminatory or used for retal13 iation against employees. 

14 ‘‘(iv) An assessment of the most com15 mon causes for the erroneous issuance of 

16 nonconfirmations by the System and rec17 ommendations to correct such causes. 

18 ‘‘(v) The recommendations of the 

19 Comptroller General regarding System im20 provements. 

21 ‘‘(vi) An assessment of the frequency 

22 and magnitude of changes made to the 

23 System and the impact on the ability for 

24 employers to comply in good faith. 


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1 ‘‘(vii) An assessment of the direct and 

2 indirect costs incurred by employers in 

3 complying with the System, including costs 

4 associated with retaining potential employ5 ees through the administrative appeals 

6 process and receiving a nonconfirmation. 

7 ‘‘(viii) An assessment of any backlogs 

8 or delays in the System providing the con9 firmation or further action notice and im10 pacts to hiring by employers. 

11 ‘‘(e) COMPLIANCE.— 

12 ‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The 

13 Secretary shall establish procedures— 

14 ‘‘(A) for individuals and entities to file 

15 complaints respecting potential violations of 

16 subsections (a) or (f)(1); 

17 ‘‘(B) for the investigation of those com18 plaints which the Secretary deems appropriate 

19 to investigate; and 

20 ‘‘(C) for providing notification to the Spe21 cial Counsel for Immigration-Related Unfair 

22 Employment Practices of the Department of 

23 Justice of potential violations of section 274B. 


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1 ‘‘(2) AUTHORITY IN INVESTIGATIONS.—In con2 ducting investigations and proceedings under this 

3 subsection— 

4 ‘‘(A) immigration officers shall have rea5 sonable access to examine evidence of the em6 ployer being investigated; 

7 ‘‘(B) immigration officers designated by 

8 the Secretary, and administrative law judges 

9 and other persons authorized to conduct pro10 ceedings under this section, may compel by sub11 poena the attendance of relevant witnesses and 

12 the production of relevant evidence at any des13 ignated place in an investigation or case under 

14 this subsection. In case of refusal to fully com15 ply with a subpoena lawfully issued under this 

16 paragraph, the Secretary may request that the 

17 Attorney General apply in an appropriate dis18 trict court of the United States for an order re19 quiring compliance with the subpoena, and any 

20 failure to obey such order may be punished by 

21 the court as contempt. Failure to cooperate 

22 with the subpoena shall be subject to further 

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1 nation of proceedings under paragraph (4)(E); 

2 and 

3 ‘‘(C) the Secretary, in cooperation with the 

4 Commissioner and Attorney General, and in 

5 consultation with other relevant agencies, shall 

6 establish a Joint Employment Fraud Task 

7 Force consisting of, at a minimum— 

8 ‘‘(i) the System’s compliance per9 sonnel; 

10 ‘‘(ii) immigration law enforcement of11 ficers; 

12 ‘‘(iii) personnel of the Office of Spe13 cial Counsel for Immigration-Related Un14 fair Employment Practices of the Depart15 ment of Justice; 

16 ‘‘(iv) personnel of the Office for Civil 

17 Rights and Civil Liberties of the Depart18 ment; and 

19 ‘‘(v) personnel of Office of Inspector 

20 General of the Social Security Administra21 tion. 

22 ‘‘(3) COMPLIANCE PROCEDURES.— 

23 ‘‘(A) PRE-PENALTY NOTICE.—If the Sec24 retary has reasonable cause to believe that 

25 there has been a civil violation of this section in 


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1 the previous 3 years, the Secretary shall issue 

2 to the employer concerned a written notice of 

3 the Department’s intention to issue a claim for 

4 a monetary or other penalty. Such pre-penalty 

5 notice shall— 

6 ‘‘(i) describe the violation; 

7 ‘‘(ii) specify the laws and regulations 

8 allegedly violated; 

9 ‘‘(iii) disclose the material facts which 

10 establish the alleged violation; 

11 ‘‘(iv) describe the penalty sought to be 

12 imposed; and 

13 ‘‘(v) inform such employer that such 

14 employer shall have a reasonable oppor15 tunity to make representations as to why a 

16 monetary or other penalty should not be 

17 imposed. 

18 ‘‘(B) EMPLOYER’S RESPONSE.—Whenever 

19 any employer receives written pre-penalty notice 

20 of a fine or other penalty in accordance with 

21 subparagraph (A), the employer may, within 60 

22 days from receipt of such notice, file with the 

23 Secretary its written response to the notice. 

24 The response may include any relevant evidence 

25 or proffer of evidence that the employer wishes 


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1 to present with respect to whether the employer 

2 violated this section and whether, if so, the pen3 alty should be mitigated, and shall be filed and 

4 considered in accordance with procedures to be 

5 established by the Secretary. 

6 ‘‘(C) RIGHT TO A HEARING.—Before 

7 issuance of an order imposing a penalty on any 

8 employer, person, or entity, the employer, per9 son, or entity shall be entitled to a hearing be10 fore an administrative law judge, if requested 

11 within 60 days of the notice of penalty. The 

12 hearing shall be held at the nearest location 

13 practicable to the place where the employer, 

14 person, or entity resides or of the place where 

15 the alleged violation occurred. 

16 ‘‘(D) ISSUANCE OF ORDERS.—If no hear17 ing is so requested, the Secretary’s imposition 

18 of the order shall constitute a final and 

19 unappealable order. If a hearing is requested 

20 and the administrative law judge determines, 

21 upon clear and convincing evidence received, 

22 that there was a violation, the administrative 

23 law judge shall issue the final determination 

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1 vided under clauses (i) through (iii) of subpara2 graph (A) and any mitigation of the penalty 

3 that the administrative law judge deems appro4 priate under paragraph (4)(E). 

5 ‘‘(4) CIVIL PENALTIES.— 

6 ‘‘(A) HIRING OR CONTINUING TO EMPLOY

7 UNAUTHORIZED ALIENS.—Any employer that 

8 violates any provision of subsection (a)(1)(A) or 

9 (a)(2) shall— 

10 ‘‘(i) pay a civil penalty of not less 

11 than $3,500 and not more than $7,500 for 

12 each unauthorized alien with respect to 

13 which each violation of either subsection 

14 (a)(1)(A) or (a)(2) occurred; 

15 ‘‘(ii) if the employer has previously 

16 been fined as a result of a previous en17 forcement action or previous violation 

18 under this paragraph, pay a civil penalty of 

19 not less than $5,000 and not more than 

20 $15,000 for each unauthorized alien with 

21 respect to which a violation of either sub22 section (a)(1)(A) or (a)(2) occurred; and 

23 ‘‘(iii) if the employer has previously 

24 been fined more than once under this para25 graph, pay a civil penalty of not less than 


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1 $10,000 and not more than $25,000 for 

2 each unauthorized alien with respect to 

3 which a violation of either subsection 

4 (a)(1)(A) or (a)(2) occurred. 

5 ‘‘(B) ENHANCED PENALTIES.—After the 

6 Secretary certifies to Congress that the System 

7 has been established, implemented, and made 

8 mandatory for use by all employers in the 

9 United States, the Secretary may establish an 

10 enhanced civil penalty for an employer who— 

11 ‘‘(i) fails to query the System to verify 

12 the identify and work authorized status of 

13 an individual; and 

14 ‘‘(ii) violates a Federal, State, or local 

15 law related to— 

16 ‘‘(I) the payment of wages; 

17 ‘‘(II) hours worked by employees; 

18 or 

19 ‘‘(III) workplace health and safe20 ty. 

21 ‘‘(C) RECORDKEEPING OR VERIFICATION

22 PRACTICES.—Any employer that violates or fails 

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1 vertent failure, as determined by the Secretary, 

2 shall pay a civil penalty of— 

3 ‘‘(i) not less than $500 and not more 

4 than $2,000 for each violation; 

5 ‘‘(ii) if an employer has previously 

6 been fined under this paragraph, not less 

7 than $1,000 and not more than $4,000 for 

8 each violation; and 

9 ‘‘(iii) if an employer has previously 

10 been fined more than once under this para11 graph, not less than $2,000 and not more 

12 than $8,000 for each violation. 

13 ‘‘(D) OTHER PENALTIES.—The Secretary 

14 may impose additional penalties for violations, 

15 including cease and desist orders, specially de16 signed compliance plans to prevent further vio17 lations, suspended fines to take effect in the 

18 event of a further violation, and in appropriate 

19 cases, the remedy provided by paragraph (f)(2). 

20 ‘‘(E) MITIGATION.—The Secretary or, if 

21 an employer requests a hearing, the administra22 tive law judge, is authorized, upon such terms 

23 and conditions as the Secretary or administra24 tive law judge deems reasonable and just and in 

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1 retary may establish or any procedures estab2 lished governing the administrative law judge’s 

3 assessment of penalties, to reduce or mitigate 

4 penalties imposed upon employers, based upon 

5 factors including, the employer’s hiring volume, 

6 compliance history, good-faith implementation 

7 of a compliance program, the size and level of 

8 sophistication of the employer, and voluntary 

9 disclosure of violations of this subsection to the 

10 Secretary. The Secretary or administrative law 

11 judge shall not mitigate a penalty below the 

12 minimum penalty provided by this section, ex13 cept that the Secretary may, in the case of an 

14 employer subject to penalty for recordkeeping 

15 or verification violations only who has not pre16 viously been penalized under this section, in the 

17 Secretary’s or administrative law judge’s discre18 tion, mitigate the penalty below the statutory 

19 minimum or remit it entirely. In any case where 

20 a civil money penalty has been imposed on an 

21 employer under section 274B for an action or 

22 omission that is also a violation of this section, 

23 the Secretary or administrative law judge shall 

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1 tion by the amount of the penalty imposed 

2 under section 274B. 

3 ‘‘(F) EFFECTIVE DATE.—The civil money 

4 penalty amounts and the enhanced penalties 

5 provided by subparagraphs (A), (B), and (C) of 

6 this paragraph and by subsection (f)(2) shall 

7 apply to violations of this section committed on 

8 or after the date that is 1 year after the date 

9 of the enactment of the Border Security, Eco10 nomic Opportunity, and Immigration Mod11 ernization Act. For violations committed prior 

12 to such date of enactment, the civil money pen13 alty amounts provided by regulations imple14 menting this section as in effect the minute be15 fore such date of enactment with respect to 

16 knowing hiring or continuing employment, 

17 verification, or indemnity bond violations, as 

18 appropriate, shall apply. 

19 ‘‘(5) ORDER OF INTERNAL REVIEW AND CER20 TIFICATION OF COMPLIANCE.— 

21 ‘‘(A) EMPLOYER COMPLIANCE.—If the 

22 Secretary has reasonable cause to believe that 

23 an employer has failed to comply with this sec24 tion, the Secretary is authorized, at any time, 

25 to require that the employer certify that it is in 


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1 compliance with this section, or has instituted a 

2 program to come into compliance. 

3 ‘‘(B) EMPLOYER CERTIFICATION.— 

4 ‘‘(i) REQUIREMENT.—Except as pro5 vided in subparagraph (C), not later than 

6 60 days after receiving a notice from the 

7 Secretary requiring a certification under 

8 subparagraph (A), an official with respon9 sibility for, and authority to bind the com10 pany on, all hiring and immigration com11 pliance notices shall certify under penalty 

12 of perjury that the employer is in conform13 ance with the requirements of paragraphs 

14 (1) through (4) of subsection (c), per15 taining to document verification require16 ments, and with subsection (d), pertaining 

17 to the System (once the System is imple18 mented with respect to that employer ac19 cording to the requirements under sub20 section (d)(2)), and with any additional re21 quirements that the Secretary may promul22 gate by regulation pursuant to subsection 

23 (c) or (d) or that the employer has insti24 tuted a program to come into compliance 

25 with these requirements. 


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1 ‘‘(ii) APPLICATION.—Clause (i) shall 

2 not apply until the date that the Secretary 

3 certifies to Congress that the System has 

4 been established, implemented, and made 

5 mandatory for use by all employers in the 

6 United States. 

7 ‘‘(C) EXTENSION OF DEADLINE.—At the 

8 request of the employer, the Secretary may ex9 tend the 60-day deadline for good cause. 

10 ‘‘(D) STANDARDS OR METHODS.—The Sec11 retary is authorized to publish in the Federal 

12 Register standards or methods for such certifi13 cation, require specific recordkeeping practices 

14 with respect to such certifications, and audit 

15 the records thereof at any time. This authority 

16 shall not be construed to diminish or qualify 

17 any other penalty provided by this section. 

18 ‘‘(6) REQUIREMENTS FOR REVIEW OF A FINAL

19 DETERMINATION.—With respect to judicial review of 

20 a final determination or penalty order issued under 

21 paragraph (3)(D), the following requirements apply: 

22 ‘‘(A) DEADLINE.—The petition for review 

23 must be filed no later than 30 days after the 

24 date of the final determination or penalty order 

25 issued under paragraph (3)(D). 


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1 ‘‘(B) VENUE AND FORMS.—The petition 

2 for review shall be filed with the court of ap3 peals for the judicial circuit where the employ4 er’s principal place of business was located 

5 when the final determination or penalty order 

6 was made. The record and briefs do not have 

7 to be printed. The court shall review the pro8 ceeding on a typewritten or electronically filed 

9 record and briefs. 

10 ‘‘(C) SERVICE.—The respondent is the 

11 Secretary. In addition to serving the respond12 ent, the petitioner shall serve the Attorney Gen13 eral. 

14 ‘‘(D) PETITIONER’S BRIEF.—The peti15 tioner shall serve and file a brief in connection 

16 with a petition for judicial review not later than 

17 40 days after the date on which the administra18 tive record is available, and may serve and file 

19 a reply brief not later than 14 days after serv20 ice of the brief of the respondent, and the court 

21 may not extend these deadlines, except for good 

22 cause shown. If a petitioner fails to file a brief 

23 within the time provided in this paragraph, the 

24 court shall dismiss the appeal unless a manifest 

25 injustice would result. 


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1 ‘‘(E) SCOPE AND STANDARD FOR RE2 VIEW.—The court of appeals shall conduct a de 

3 novo review of the administrative record on 

4 which the final determination was based and 

5 any additional evidence that the Court finds 

6 was previously unavailable at the time of the 

7 administrative hearing. 

8 ‘‘(F) EXHAUSTION OF ADMINISTRATIVE

9 REMEDIES.—A court may review a final deter10 mination under paragraph (3)(C) only if— 

11 ‘‘(i) the petitioner has exhausted all 

12 administrative remedies available to the pe13 titioner as of right, including any adminis14 trative remedies established by regulation, 

15 and 

16 ‘‘(ii) another court has not decided 

17 the validity of the order, unless the review18 ing court finds that the petition presents 

19 grounds that could not have been pre20 sented in the prior judicial proceeding or 

21 that the remedy provided by the prior pro22 ceeding was inadequate or ineffective to 

23 test the validity of the order. 

24 ‘‘(G) ENFORCEMENT OF ORDERS.—If the 

25 final determination issued against the employer 


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1 under this subsection is not subjected to review 

2 as provided in this paragraph, the Attorney 

3 General, upon request by the Secretary, may 

4 bring a civil action to enforce compliance with 

5 the final determination in any appropriate dis6 trict court of the United States. The court, on 

7 a proper showing, shall issue a temporary re8 straining order or a preliminary or permanent 

9 injunction requiring that the employer comply 

10 with the final determination issued against that 

11 employer under this subsection. In any such 

12 civil action, the validity and appropriateness of 

13 the final determination shall not be subject to 

14 review. 

15 ‘‘(7) CREATION OF LIEN.—If any employer lia16 ble for a fee or penalty under this section neglects 

17 or refuses to pay such liability after demand and 

18 fails to file a petition for review (if applicable) as 

19 provided in paragraph (6), the amount of the fee or 

20 penalty shall be a lien in favor of the United States 

21 on all property and rights to property, whether real 

22 or personal, belonging to such employer. If a petition 

23 for review is filed as provided in paragraph (6), the 

24 lien shall arise upon the entry of a final judgment 

25 by the court. The lien continues for 20 years or until 


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1 the liability is satisfied, remitted, set aside, or termi2 nated. 

3 ‘‘(8) FILING NOTICE OF LIEN.— 

4 ‘‘(A) PLACE FOR FILING.—The notice of a 

5 lien referred to in paragraph (7) shall be filed 

6 as described in 1 of the following: 

7 ‘‘(i) UNDER STATE LAWS.— 

8 ‘‘(I) REAL PROPERTY.—In the 

9 case of real property, in 1 office with10 in the State (or the county, or other 

11 governmental subdivision), as des12 ignated by the laws of such State, in 

13 which the property subject to the lien 

14 is situated. 

15 ‘‘(II) PERSONAL PROPERTY.—In 

16 the case of personal property, whether 

17 tangible or intangible, in 1 office with18 in the State (or the county, or other 

19 governmental subdivision), as des20 ignated by the laws of such State, in 

21 which the property subject to the lien 

22 is situated, except that State law 

23 merely conforming to or reenacting 

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1 ond office for filing as designated by 

2 the laws of such State. 

3 ‘‘(ii) WITH CLERK OF DISTRICT

4 COURT.—In the office of the clerk of the 

5 United States district court for the judicial 

6 district in which the property subject to 

7 the lien is situated, whenever the State has 

8 not by law designated 1 office which meets 

9 the requirements of clause (i). 

10 ‘‘(iii) WITH RECORDER OF DEEDS OF

11 THE DISTRICT OF COLUMBIA.—In the of12 fice of the Recorder of Deeds of the Dis13 trict of Columbia, if the property subject to 

14 the lien is situated in the District of Co15 lumbia. 

16 ‘‘(B) SITUS OF PROPERTY SUBJECT TO

17 LIEN.—For purposes of subparagraph (A), 

18 property shall be deemed to be situated as fol19 lows: 

20 ‘‘(i) REAL PROPERTY.—In the case of 

21 real property, at its physical location. 

22 ‘‘(ii) PERSONAL PROPERTY.—In the 

23 case of personal property, whether tangible 

24 or intangible, at the residence of the tax25 payer at the time the notice of lien is filed. 


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1 ‘‘(C) DETERMINATION OF RESIDENCE.— 

2 For purposes of subparagraph (B)(ii), the resi3 dence of a corporation or partnership shall be 

4 deemed to be the place at which the principal 

5 executive office of the business is located, and 

6 the residence of a taxpayer whose residence is 

7 outside the United States shall be deemed to be 

8 in the District of Columbia. 

9 ‘‘(D) EFFECT OF FILING NOTICE OF

10 LIEN.— 

11 ‘‘(i) IN GENERAL.—Upon filing of a 

12 notice of lien in the manner described in 

13 this paragraph, the lien shall be valid 

14 against any purchaser, holder of a security 

15 interest, mechanic’s lien, or judgment lien 

16 creditor, except with respect to properties 

17 or transactions specified in subsection (b), 

18 (c), or (d) of section 6323 of the Internal 

19 Revenue Code of 1986 for which a notice 

20 of tax lien properly filed on the same date 

21 would not be valid. 

22 ‘‘(ii) NOTICE OF LIEN.—The notice of 

23 lien shall be considered a notice of lien for 

24 taxes payable to the United States for the 

25 purpose of any State or local law providing 


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1 for the filing of a notice of a tax lien. A 

2 notice of lien that is registered, recorded, 

3 docketed, or indexed in accordance with 

4 the rules and requirements relating to 

5 judgments of the courts of the State where 

6 the notice of lien is registered, recorded, 

7 docketed, or indexed shall be considered 

8 for all purposes as the filing prescribed by 

9 this section. 

10 ‘‘(iii) OTHER PROVISIONS.—The pro11 visions of section 3201(e) of title 28, 

12 United States Code, shall apply to liens 

13 filed as prescribed by this paragraph. 

14 ‘‘(E) ENFORCEMENT OF A LIEN.—A lien 

15 obtained through this paragraph shall be con16 sidered a debt as defined by section 3002 of 

17 title 28, United States Code and enforceable 

18 pursuant to chapter 176 of such title. 

19 ‘‘(9) ATTORNEY GENERAL ADJUDICATION.— 

20 The Attorney General shall have jurisdiction to adju21 dicate administrative proceedings under this sub22 section. Such proceedings shall be conducted in ac23 cordance with requirements of section 554 of title 5, 

24 United States Code. 


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1 ‘‘(f) CRIMINAL AND CIVIL PENALTIES AND INJUNC2 TIONS.— 

3 ‘‘(1) PROHIBITION OF INDEMNITY BONDS.—It 

4 is unlawful for an employer, in the hiring of any in5 dividual, to require the individual to post a bond or 

6 security, to pay or agree to pay an amount, or other7 wise to provide a financial guarantee or indemnity, 

8 against any potential liability arising under this sec9 tion relating to such hiring of the individual. 

10 ‘‘(2) CIVIL PENALTY.—Any employer who is de11 termined, after notice and opportunity for mitigation 

12 of the monetary penalty under subsection (e), to 

13 have violated paragraph (1) shall be subject to a 

14 civil penalty of $10,000 for each violation and to an 

15 administrative order requiring the return of any 

16 amounts received in violation of such paragraph to 

17 the employee or, if the employee cannot be located, 

18 to the general fund of the Treasury. 

19 ‘‘(g) GOVERNMENT CONTRACTS.— 

20 ‘‘(1) CONTRACTORS AND RECIPIENTS.—When21 ever an employer who is a Federal contractor (mean22 ing an employer who holds a Federal contract, 

23 grant, or cooperative agreement, or reasonably may 

24 be expected to submit an offer for or be awarded a 

25 government contract) is determined by the Secretary 


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1 to have violated this section on more than 3 occa2 sions or is convicted of a crime under this section, 

3 the employer shall be considered for debarment from 

4 the receipt of Federal contracts, grants, or coopera5 tive agreements in accordance with the procedures 

6 and standards and for the periods prescribed by the 

7 Federal Acquisition Regulation. However, any ad8 ministrative determination of liability for civil pen9 alty by the Secretary or the Attorney General shall 

10 not be reviewable in any debarment proceeding. 

11 ‘‘(2) INADVERTENT VIOLATIONS.—Inadvertent 

12 violations of recordkeeping or verification require13 ments, in the absence of any other violations of this 

14 section, shall not be a basis for determining that an 

15 employer is a repeat violator for purposes of this 

16 subsection. 

17 ‘‘(3) OTHER REMEDIES AVAILABLE.—Nothing 

18 in this subsection shall be construed to modify or 

19 limit any remedy available to any agency or official 

20 of the Federal Government for violation of any con21 tractual requirement to participate in the System, as 

22 provided in the final rule relating to employment eli23 gibility verification published in the Federal Register 

24 on November 14, 2008 (73 Fed. Reg. 67,651), or 

25 any similar subsequent regulation. 


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1 ‘‘(h) PREEMPTION.—The provisions of this section 

2 preempt any State or local law, ordinance, policy, or rule, 

3 including any criminal or civil fine or penalty structure, 

4 relating to the hiring, continued employment, or status 

5 verification for employment eligibility purposes, of unau6 thorized aliens. A State, locality, municipality, or political 

7 subdivision may exercise its authority over business licens8 ing and similar laws as a penalty for failure to use the 

9 System. 

10 ‘‘(i) DEPOSIT OF AMOUNTS RECEIVED.—Except as 

11 otherwise specified, civil penalties collected under this sec12 tion shall be deposited by the Secretary into the Com13 prehensive Immigration Reform Trust Fund established 

14 under section 6(a)(1) of the Border Security, Economic 

15 Opportunity, and Immigration Modernization Act. 

16 ‘‘(j) CHALLENGES TO VALIDITY OF THE SYSTEM.— 

17 ‘‘(1) IN GENERAL.—Any right, benefit, or claim 

18 not otherwise waived or limited pursuant to this sec19 tion is available in an action instituted in the United 

20 States District Court for the District of Columbia, 

21 but shall be limited to determinations of— 

22 ‘‘(A) whether this section, or any regula23 tion issued to implement this section, violates 

24 the Constitution of the United States; or 


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1 ‘‘(B) whether such a regulation issued by 

2 or under the authority of the Secretary to im3 plement this section, is contrary to applicable 

4 provisions of this section or was issued in viola5 tion of chapter 5 of title 5, United States Code. 

6 ‘‘(2) DEADLINES FOR BRINGING ACTIONS.— 

7 Any action instituted under this subsection must be 

8 filed no later than 180 days after the date the chal9 lenged section or regulation described in subpara10 graph (A) or (B) of paragraph (1) becomes effective. 

11 No court shall have jurisdiction to review any chal12 lenge described in subparagraph (B) after the time 

13 period specified in this subsection expires. 

14 ‘‘(k) CRIMINAL PENALTIES AND INJUNCTIONS FOR

15 PATTERN OR PRACTICE VIOLATIONS.— 

16 ‘‘(1) PATTERN AND PRACTICE.—Any employer 

17 who engages in a pattern or practice of knowing vio18 lations of subsection (a)(1)(A) or (a)(2) shall be 

19 fined under title 18, United States Code, no more 

20 than $10,000 for each unauthorized alien with re21 spect to whom such violation occurs, imprisoned for 

22 not more than 2 years for the entire pattern or prac23 tice, or both. 

24 ‘‘(2) TERM OF IMPRISONMENT.—The maximum 

25 term of imprisonment of a person convicted of any 


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1 criminal offense under the United States Code shall 

2 be increased by 5 years if the offense is committed 

3 as part of a pattern or practice of violations of sub4 section (a)(1)(A) or (a)(2). 

5 ‘‘(3) ENJOINING OF PATTERN OR PRACTICE

6 VIOLATIONS.—Whenever the Secretary or the Attor7 ney General has reasonable cause to believe that an 

8 employer is engaged in a pattern or practice of em9 ployment in violation of subsection (a)(1)(A) or 

10 (a)(2), the Attorney General may bring a civil action 

11 in the appropriate district court of the United States 

12 requesting such relief, including a permanent or 

13 temporary injunction, restraining order, or other 

14 order against the employer, as the Secretary or At15 torney General deems necessary. 

16 ‘‘(l) CRIMINAL PENALTIES FOR UNLAWFUL AND

17 ABUSIVE EMPLOYMENT.— 

18 ‘‘(1) IN GENERAL.—Any person who, during 

19 any 12-month period, knowingly employs or hires, 

20 employs, recruits, or refers for a fee for employment 

21 10 or more individuals within the United States who 

22 are under the control and supervision of such per23 son— 

24 ‘‘(A) knowing that the individuals are un25 authorized aliens; and 


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1 ‘‘(B) under conditions that violate section 

2 5(a) of the Occupational Safety and Health Act 

3 of 1970 (29 U.S.C. 654(a) (relating to occupa4 tional safety and health), section 6 or 7 of the 

5 Fair Labor Standards Act of 1938 (29 U.S.C. 

6 206 and 207) (relating to minimum wages and 

7 maximum hours of employment), section 3142 

8 of title 40, United States Code, (relating to re9 quired wages on construction contracts), or sec10 tions 6703 or 6704 of title 41, United States 

11 Code, (relating to required wages on service 

12 contracts), 

13 shall be fined under title 18, United States Code, or 

14 imprisoned for not more than 10 years, or both. 

15 ‘‘(2) ATTEMPT AND CONSPIRACY.—Any person 

16 who attempts or conspires to commit any offense 

17 under this section shall be punished in the same 

18 manner as a person who completes the offense.’’. 

19 (b) REPORT ON USE OF THE SYSTEM IN THE AGRI20 CULTURAL INDUSTRY.—Not later than 18 months after 

21 the date of the enactment of this Act, the Secretary, in 

22 consultation with the Secretary of Agriculture, shall sub23 mit a report to Congress that assesses implementation of 

24 the Employment Verification System established under 

25 section 274A(d) of the Immigration and Nationality Act, 


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1 as amended by subsection (a), in the agricultural industry, 

2 including the use of such System technology in agriculture 

3 industry hiring processes, user, contractor, and third4 party employer agent employment practices, timing and 

5 logistics regarding employment verification and 

6 reverification processes to meet agriculture industry prac7 tices, and identification of potential challenges and modi8 fications to meet the unique needs of the agriculture in9 dustry. Such report shall review— 

10 (1) the modality of access, training and out11 reach, customer support, processes for further action 

12 notices and secondary verifications for short-term 

13 workers, monitoring, and compliance procedures for 

14 such System; 

15 (2) the interaction of such System with the 

16 process to admit nonimmigrant workers pursuant to 

17 section 218 or 218A of the Immigration and Nation18 ality Act (8 U.S.C. 1188 et seq.) and with enforce19 ment of the immigration laws; and 

20 (3) the collaborative use of processes of other 

21 Federal and State agencies that intersect with the 

22 agriculture industry. 

23 (c) REPORT ON IMPACT OF THE SYSTEM ON EM24 PLOYERS.—Not later than 18 months after the date of 


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1 the enactment of this Act, the Secretary shall submit to 

2 Congress a report that assesses— 

3 (1) the implementation of the Employment 

4 Verification System established under section 

5 274A(d) of the Immigration and Nationality Act, as 

6 amended by subsection (a), by employers; 

7 (2) any adverse impact on the revenues, busi8 ness processes, or profitability of employers required 

9 to use such System; and 

10 (3) the economic impact of such System on 

11 small businesses. 

12 (d) GOVERNMENT ACCOUNTABILITY OFFICE STUDY

13 OF THE EFFECTS OF DOCUMENT REQUIREMENTS ON EM14 PLOYMENT AUTHORIZED PERSONS AND EMPLOYERS.— 

15 (1) STUDY.—The Comptroller General of the 

16 United States shall carry out a study of— 

17 (A) the effects of the documentary require18 ments of section 274A of the Immigration and 

19 Nationality Act, as amended by subsection (a), 

20 on employers, naturalized United States citi21 zens, nationals of the United States, and indi22 viduals with employment authorized status; and 

23 (B) the challenges such employers, citizens, 

24 nationals, or individuals may face in obtaining 

25 the documentation required under that section. 


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1 (2) REPORT.—Not later than 4 years after the 

2 date of the enactment of this Act, the Comptroller 

3 General shall submit to Congress a report containing 

4 the findings of the study carried out under para5 graph (1). Such report shall include, at a minimum, 

6 the following: 

7 (A) An assessment of available information 

8 regarding the number of working age nationals 

9 of the United States and individuals who have 

10 employment authorized status who lack docu11 ments required for employment by such section 

12 274A. 

13 (B) A description of the additional steps 

14 required for individuals who have employment 

15 authorized status and do not possess the docu16 ments required by such section 274A to obtain 

17 such documents. 

18 (C) A general assessment of the average fi19 nancial costs for individuals who have employ20 ment authorized status who do not possess the 

21 documents required by such section 274A to ob22 tain such documents. 

23 (D) A general assessment of the average 

24 financial costs and challenges for employers 

25 who have been required to participate in the 


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1 Employment Verification System established by 

2 subsection (d) of such section 274A. 

3 (E) A description of the barriers to indi4 viduals who have employment authorized status 

5 in obtaining the documents required by such 

6 section 274A, including barriers imposed by the 

7 executive branch of the Government. 

8 (F) Any particular challenges facing indi9 viduals who have employment authorized status 

10 who are members of a federally recognized In11 dian tribe in complying with the provisions of 

12 such section 274A. 

13 (e) REPEAL OF PILOT PROGRAMS AND E-VERIFY

14 AND TRANSITION PROCEDURES.— 

15 (1) REPEAL.—Sections 401, 402, 403, 404, 

16 and 405 of the Illegal Immigration Reform and Im17 migrant Responsibility Act of 1996 (division C of 

18 Public Law 104–208; 8 U.S.C. 1324a note) are re19 pealed. 

20 (2) TRANSITION PROCEDURES.— 

21 (A) CONTINUATION OF E-VERIFY PRO22 GRAM.—Notwithstanding the repeals made by 

23 paragraph (1), the Secretary shall continue to 

24 operate the E-Verify Program as described in 

25 section 403 of the Illegal Immigration Reform 


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1 and Immigrant Responsibility Act of 1996 (di2 vision C of Public Law 104–208; 8 U.S.C. 

3 1324a note), as in effect the minute before the 

4 date of the enactment of this Act, until the 

5 transition to the System described in section 

6 274A(d) of the Immigration and Nationality 

7 Act, as amended by subsection (a), is deter8 mined by the Secretary to be complete. 

9 (B) TRANSITION TO THE SYSTEM.—Any 

10 employer who was participating in the E-Verify 

11 Program described in section 403 of the Illegal 

12 Immigration Reform and Immigrant Responsi13 bility Act of 1996 (division C of Public Law 

14 104–208; 8 U.S.C. 1324a note), as in effect the 

15 minute before the date of the enactment of this 

16 Act, shall participate in the System described in 

17 section 274A(d) of the Immigration and Na18 tionality Act, as amended by subsection (a), to 

19 the same extent and in the same manner that 

20 the employer participated in such E-Verify Pro21 gram. 

22 (3) CONSTRUCTION.—The repeal made by para23 graph (1) may not be construed to limit the author24 ity of the Secretary to allow or continue to allow the 

25 participation in such System of employers who have 


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1 participated in such E-Verify Program, as in effect 

2 on the minute before the date of the enactment of 

3 this Act. 

4 (f) CONFORMING AMENDMENT.—Section 274(a) (8 

5 U.S.C. 1324(a)) is amended— 

6 (1) by striking paragraph (3); and 

7 (2) by redesignating paragraph (4) as para8 graph (3). 

9 SEC. 3102. INCREASING SECURITY AND INTEGRITY OF SO10 CIAL SECURITY CARDS. 

11 (a) FRAUD-RESISTANT, TAMPER-RESISTANT, WEAR12 RESISTANT, AND IDENTITY THEFT-RESISTANT SOCIAL

13 SECURITY CARDS.— 

14 (1) ISSUANCE.— 

15 (A) PRELIMINARY WORK.—Not later than 

16 180 days after the date of the enactment of this 

17 Act, the Commissioner of Social Security shall 

18 begin work to administer and issue fraud-resist19 ant, tamper-resistant, wear-resistant, and iden20 tity theft-resistant social security cards. 

21 (B) COMPLETION.—Not later than 5 years 

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

23 Commissioner of Social Security shall issue only 

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1 sistant, tamper-resistant, wear-resistant, and 

2 identity theft-resistant. 

3 (2) AMENDMENT.— 

4 (A) IN GENERAL.—Section 205(c)(2)(G) of 

5 the Social Security Act (42 U.S.C. 

6 405(c)(2)(G)) is amended by striking the sec7 ond sentence and inserting the following: ‘‘The 

8 social security card shall be fraud-resistant, 

9 tamper-resistant, wear-resistant, and identity 

10 theft-resistant.’’. 

11 (B) EFFECTIVE DATE.—The amendment 

12 made by subparagraph (A) shall take effect on 

13 the date that is 5 years after the date of the 

14 enactment of this Act. 

15 (3) AUTHORIZATION OF APPROPRIATION.— 

16 There are authorized to be appropriated, from the 

17 Comprehensive Immigration Reform Trust Fund es18 tablished under section 6(a)(1), such sums as may 

19 be necessary to carry out this section and the 

20 amendments made by this section. 

21 (4) EMERGENCY DESIGNATION FOR CONGRES22 SIONAL ENFORCEMENT.—In the Senate, amounts 

23 made available under this subsection are designated 

24 as an emergency requirement pursuant to section 

25 403(a) of S. Con. Res. 13 (111th Congress), the 


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1 concurrent resolution on the budget for fiscal year 

2 2010. 

3 (5) EMERGENCY DESIGNATION FOR STATUTORY

4 PAYGO.—Amounts made available under this sub5 section are designated as an emergency requirement 

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

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

8 933(g)). 

9 (b) MULTIPLE CARDS.—Section 205(c)(2)(G) of the 

10 Social Security Act (42 U.S.C. 405(c)(2)(G)), as amended 

11 by subsection (a)(2), is amended— 

12 (1) by inserting ‘‘(i)’’ after ‘‘(G)’’; and 

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

14 ‘‘(ii) The Commissioner of Social Security shall re15 strict the issuance of multiple replacement social security 

16 cards to any individual to 3 per year and 10 for the life 

17 of the individual, except that the Commissioner may allow 

18 for reasonable exceptions from the limits under this clause 

19 on a case-by-case basis in compelling circumstances.’’. 

20 (c) CRIMINAL PENALTIES.— 

21 (1) SOCIAL SECURITY FRAUD.— 

22 (A) IN GENERAL.—Chapter 47 of title 18, 

23 United States Code, is amended by inserting at 

24 the end the following: 


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1 ‘‘§ 1041. Social security fraud 

2 ‘‘Any person who— 

3 ‘‘(1) knowingly possesses or uses a social secu4 rity account number or social security card knowing 

5 that the number or card was obtained from the 

6 Commissioner of Social Security by means of fraud 

7 or false statement; 

8 ‘‘(2) knowingly and falsely represents a number 

9 to be the social security account number assigned by 

10 the Commissioner of Social Security to him or her 

11 or to another person, when such number is known 

12 not to be the social security account number as13 signed by the Commissioner of Social Security to 

14 him or her or to such other person; 

15 ‘‘(3) knowingly, and without lawful authority, 

16 buys, sells, or possesses with intent to buy or sell a 

17 social security account number or a social security 

18 card that is or purports to be a number or card 

19 issued by the Commissioner of Social Security; 

20 ‘‘(4) knowingly alters, counterfeits, forges, or 

21 falsely makes a social security account number or a 

22 social security card; 

23 ‘‘(5) knowingly uses, distributes, or transfers a 

24 social security account number or a social security 

25 card knowing the number or card to be intentionally 


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1 altered, counterfeited, forged, falsely made, or sto2 len; or 

3 ‘‘(6) without lawful authority, knowingly pro4 duces or acquires for any person a social security ac5 count number, a social security card, or a number 

6 or card that purports to be a social security account 

7 number or social security card, 

8 shall be fined under this title, imprisoned not more than 

9 5 years, or both.’’. 

10 (B) TABLE OF SECTIONS AMENDMENT.— 

11 The table of sections for chapter 47 of title 18, 

12 United States Code, is amended by adding after 

13 the item relating to section 1040 the following: 

‘‘Sec. 1041. Social security fraud.’’. 

14 (2) INFORMATION DISCLOSURE.— 

15 (A) IN GENERAL.—Notwithstanding any 

16 other provision of law and subject to subpara17 graph (B), the Commissioner of Social Security 

18 shall disclose for the purpose of investigating a 

19 violation of section 1041 of title 18, United 

20 States Code, or section 274A, 274B, or 274C 

21 of the Immigration and Nationality Act (8 

22 U.S.C. 1324a, 1324b, and 1324c), after receiv23 ing a written request from an officer in a super24 visory position or higher official of any Federal 


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1 law enforcement agency, the following records 

2 of the Social Security Administration: 

3 (i) Records concerning the identity, 

4 address, location, or financial institution 

5 accounts of the holder of a social security 

6 account number or social security card. 

7 (ii) Records concerning the applica8 tion for and issuance of a social security 

9 account number or social security card. 

10 (iii) Records concerning the existence 

11 or nonexistence of a social security account 

12 number or social security card. 

13 (B) LIMITATION.—The Commissioner of 

14 Social Security shall not disclose any tax return 

15 or tax return information pursuant to subpara16 graph (A) except as authorized by section 6103 

17 of the Internal Revenue Code of 1986. 

18 SEC. 3103. INCREASING SECURITY AND INTEGRITY OF IM19 MIGRATION DOCUMENTS. 

20 Not later than 1 year after the date of the enactment 

21 of this Act, the Secretary shall submit a report to Con22 gress on the feasibility, advantages, and disadvantages of 

23 including, in addition to a photograph, other biometric in24 formation on each employment authorization document 

25 issued by the Department. 


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1 SEC. 3104. RESPONSIBILITIES OF THE SOCIAL SECURITY 

2 ADMINISTRATION. 

3 Title XI of the Social Security Act (42 U.S.C. 1301 

4 et seq.) is amended by adding at the end the following 

5 new part: 

6 ‘‘PART E—EMPLOYMENT VERIFICATION

7 ‘‘RESPONSIBILITIES OF THE COMMISSIONER OF SOCIAL

8 SECURITY

9 ‘‘SEC. 1186. (a) CONFIRMATION OF EMPLOYMENT

10 VERIFICATION DATA.—As part of the employment 

11 verification system established by the Secretary of Home12 land Security under the provisions of section 274A of the 

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

14 this section referred to as the ‘System’), the Commissioner 

15 of Social Security shall, subject to the provisions of section 

16 274A(d) of the Immigration and Nationality Act (8 U.S.C. 

17 1324a(d)), establish a reliable, secure method that, oper18 ating through the System and within the time periods 

19 specified in section 274A(d) of such Act— 

20 ‘‘(1) compares the name, date of birth, social 

21 security account number, and available citizenship 

22 information provided in an inquiry against such in23 formation maintained by the Commissioner in order 

24 to confirm (or not confirm) the validity of the infor25 mation provided regarding an individual whose iden26 tity and employment eligibility must be confirmed; 


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1 ‘‘(2) determines the correspondence of the 

2 name, date of birth, and number; 

3 ‘‘(3) determines whether the name and number 

4 belong to an individual who is deceased according to 

5 the records maintained by the Commissioner; 

6 ‘‘(4) determines whether an individual is a na7 tional of the United States, as defined in section 

8 101(a)(22) of the Immigration and Nationality Act 

9 (8 U.S.C. 1101(a)(22)); and 

10 ‘‘(5) determines whether the individual has pre11 sented a social security account number that is not 

12 valid for employment. 

13 ‘‘(b) PROHIBITION.—The System shall not disclose or 

14 release social security information to employers through 

15 the confirmation system (other than such confirmation or 

16 nonconfirmation, information provided by the employer to 

17 the System, or the reason for the issuance of a further 

18 action notice).’’. 

19 SEC. 3105. IMPROVED PROHIBITION ON DISCRIMINATION 

20 BASED ON NATIONAL ORIGIN OR CITIZEN21 SHIP STATUS. 

22 (a) IN GENERAL.—Section 274B(a) (8 U.S.C. 

23 1324b(a)) is amended to read as follows: 

24 ‘‘(a) PROHIBITION ON DISCRIMINATION BASED ON

25 NATIONAL ORIGIN OR CITIZENSHIP STATUS.— 


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1 ‘‘(1) PROHIBITION ON DISCRIMINATION GEN2 ERALLY.—It is an unfair immigration-related em3 ployment practice for a person, other entity, or em4 ployment agency, to discriminate against any indi5 vidual (other than an unauthorized alien defined in 

6 section 274A(b)) because of such individual’s na7 tional origin or citizenship status, with respect to the 

8 following: 

9 ‘‘(A) The hiring of the individual for em10 ployment. 

11 ‘‘(B) The verification of the individual’s 

12 eligibility to work in the United States. 

13 ‘‘(C) The discharging of the individual 

14 from employment. 

15 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

16 apply to the following: 

17 ‘‘(A) A person, other entity, or employer 

18 that employs 3 or fewer employees, except for 

19 an employment agency. 

20 ‘‘(B) A person’s or entity’s discrimination 

21 because of an individual’s national origin if the 

22 discrimination with respect to that employer, 

23 person, or entity and that individual is covered 

24 under section 703 of the Civil Rights Act of 

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1 nation is related to an individual’s verification 

2 of employment authorization. 

3 ‘‘(C) Discrimination because of citizenship 

4 status which— 

5 ‘‘(i) is otherwise required in order to 

6 comply with a provision of Federal, State, 

7 or local law related to law enforcement; 

8 ‘‘(ii) is required by Federal Govern9 ment contract; or 

10 ‘‘(iii) the Secretary or Attorney Gen11 eral determines to be essential for an em12 ployer to do business with an agency or de13 partment of the Federal Government or a 

14 State, local, or tribal government. 

15 ‘‘(3) ADDITIONAL EXCEPTION PROVIDING

16 RIGHT TO PREFER EQUALLY QUALIFIED CITIZENS.— 

17 Notwithstanding any other provision of this section, 

18 it is not an unfair immigration-related employment 

19 practice for an employer (as defined in section 

20 274A(b)) to prefer to hire, recruit, or refer for a fee 

21 an individual who is a citizen or national of the 

22 United States over another individual who is an 

23 alien if the 2 individuals are equally qualified. 

24 ‘‘(4) UNFAIR IMMIGRATION-RELATED EMPLOY25 MENT PRACTICES RELATING TO THE SYSTEM.—It is 


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1 also an unfair immigration-related employment prac2 tice for a person, other entity, or employment agen3 cy— 

4 ‘‘(A) to discharge or constructively dis5 charge an individual solely due to a further ac6 tion notice issued by the Employment 

7 Verification System created by section 274A 

8 until the administrative appeal described in sec9 tion 274A(d)(6) is completed; 

10 ‘‘(B) to use the System with regard to any 

11 person for any purpose except as authorized by 

12 section 274A(d); 

13 ‘‘(C) to use the System to reverify the em14 ployment authorization of a current employee, 

15 including an employee continuing in employ16 ment, other than reverification upon expiration 

17 of employment authorization, or as otherwise 

18 authorized under section 274A(d) or by regula19 tion; 

20 ‘‘(D) to use the System selectively for em21 ployees, except where authorized by law; 

22 ‘‘(E) to fail to provide to an individual any 

23 notice required in section 274A(d) within the 

24 relevant time period; 


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1 ‘‘(F) to use the System to deny workers’ 

2 employment or post-employment benefits; 

3 ‘‘(G) to misuse the System to discriminate 

4 based on national origin or citizenship status; 

5 ‘‘(H) to require an employee or prospective 

6 employee to use any self-verification feature of 

7 the System or provide, as a condition of appli8 cation or employment, any self-verification re9 sults; 

10 ‘‘(I) to use an immigration status 

11 verification system, service, or method other 

12 than those described in section 274A for pur13 poses of verifying employment eligibility; or 

14 ‘‘(J) to grant access to document 

15 verification or System data, to any individual or 

16 entity other than personnel authorized to have 

17 such access, or to fail to take reasonable safe18 guards to protect against unauthorized loss, 

19 use, alteration, or destruction of System data. 

20 ‘‘(5) PROHIBITION OF INTIMIDATION OR RETAL21 IATION.—It is also an unfair immigration-related 

22 employment practice for a person, other entity, or 

23 employment agency to intimidate, threaten, coerce, 

24 or retaliate against any individual— 


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1 ‘‘(A) for the purpose of interfering with 

2 any right or privilege secured under this sec3 tion; or 

4 ‘‘(B) because the individual intends to file 

5 or has filed a charge or a complaint, testified, 

6 assisted, or participated in any manner in an 

7 investigation, proceeding, or hearing under this 

8 section. 

9 ‘‘(6) TREATMENT OF CERTAIN DOCUMENTARY

10 PRACTICES AS EMPLOYMENT PRACTICES.—A per11 son’s, other entity’s, or employment agency’s re12 quest, for purposes of verifying employment eligi13 bility, for more or different documents than are re14 quired under section 274A, or for specific docu15 ments, or refusing to honor documents tendered that 

16 reasonably appear to be genuine shall be treated as 

17 an unfair immigration-related employment practice. 

18 ‘‘(7) PROHIBITION OF WITHHOLDING EMPLOY19 MENT RECORDS.—It is an unfair immigration-re20 lated employment practice for an employer that is 

21 required under Federal, State, or local law to main22 tain records documenting employment, including 

23 dates or hours of work and wages received, to fail 

24 to provide such records to any employee upon re25 quest. 


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1 ‘‘(8) PROFESSIONAL, COMMERCIAL, AND BUSI2 NESS LICENSES.—An individual who is authorized to 

3 be employed in the United States may not be denied 

4 a professional, commercial, or business license on 

5 the basis of his or her immigration status. 

6 ‘‘(9) EMPLOYMENT AGENCY DEFINED.—In this 

7 section, the term ‘employment agency’ means any 

8 employer, person, or entity regularly undertaking 

9 with or without compensation to procure employees 

10 for an employer or to procure for employees oppor11 tunities to work for an employer and includes an 

12 agent of such employer, person, or entity.’’. 

13 (b) REFERRAL BY EEOC.—Section 274B(b) (8 

14 U.S.C. 1324b(b)) is amended by adding at the end the 

15 following: 

16 ‘‘(3) REFERRAL BY EEOC.—The Equal Employ17 ment Opportunity Commission shall refer all matters 

18 alleging immigration-related unfair employment 

19 practices filed with the Commission, including those 

20 alleging violations of paragraphs (1), (4), (5), and 

21 (6) of subsection (a) to the Special Counsel for Im22 migration-Related Unfair Employment Practices of 

23 the Department of Justice.’’. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

25 274B(l)(3) (8 U.S.C. 1324b(l)(3)) is amended by striking 


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1 the period at the end and inserting ‘‘and an additional 

2 $40,000,000 for each of fiscal years 2014 through 2016.’’. 

3 (d) FINES.— 

4 (1) IN GENERAL.—Section 274B(g)(2)(B) (8 

5 U.S.C. 1324b(g)(2)(B)) is amended by striking 

6 clause (iv) and inserting the following: 

7 ‘‘(iv) to pay any applicable civil pen8 alties prescribed below, the amounts of 

9 which may be adjusted periodically to ac10 count for inflation as provided by law— 

11 ‘‘(I) except as provided in sub12 clauses (II) through (IV), to pay a 

13 civil penalty of not less than $2,000 

14 and not more than $5,000 for each in15 dividual subjected to an unfair immi16 gration-related employment practice; 

17 ‘‘(II) except as provided in sub18 clauses (III) and (IV), in the case of 

19 an employer, person, or entity pre20 viously subject to a single order under 

21 this paragraph, to pay a civil penalty 

22 of not less than $4,000 and not more 

23 than $10,000 for each individual sub24 jected to an unfair immigration-re25 lated employment practice; 


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1 ‘‘(III) except as provided in sub2 clause (IV), in the case of an em3 ployer, person, or entity previously 

4 subject to more than 1 order under 

5 this paragraph, to pay a civil penalty 

6 of not less than $8,000 and not more 

7 than $25,000 for each individual sub8 jected to an unfair immigration-re9 lated employment practice; and 

10 ‘‘(IV) in the case of an unfair im11 migration-related employment practice 

12 described in paragraphs (4) through 

13 (7) of subsection (a), to pay a civil 

14 penalty of not less than $500 and not 

15 more than $2,000 for each individual 

16 subjected to an unfair immigration-re17 lated employment practice.’’. 

18 (2) EFFECTIVE DATE.—The amendment made 

19 by paragraph (1) shall take effect on the date that 

20 is 1 year after the date of the enactment of this Act 

21 and apply to violations occurring on or after such 

22 date of enactment. 

23 SEC. 3106. RULEMAKING. 

24 (a) INTERIM FINAL REGULATIONS.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of the enactment of this Act— 

3 (A) the Secretary, shall issue regulations 

4 implementing sections 3101 and 3104 and the 

5 amendments made by such sections (except for 

6 section 274A(d)(7) of the Immigration and Na7 tionality Act); and 

8 (B) the Attorney General shall issue regu9 lations implementing section 274A(d)(7) of the 

10 Immigration and Nationality Act, as added by 

11 section 3101, section 3105, and the amend12 ments made by such sections. 

13 (2) EFFECTIVE DATE.—Regulations issued pur14 suant to paragraph (1) shall be effective immediately 

15 on an interim basis, but are subject to change and 

16 revision after public notice and opportunity for a pe17 riod for public comment. 

18 (b) FINAL REGULATIONS.—Within a reasonable time 

19 after publication of the interim regulations under sub20 section (a), the Secretary, in consultation with the Com21 missioner of Social Security and the Attorney General, 

22 shall publish final regulations implementing this subtitle. 


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1 SEC. 3107. OFFICE OF THE SMALL BUSINESS AND EM2 PLOYEE ADVOCATE. 

3 (a) ESTABLISHMENT OF SMALL BUSINESS AND EM4 PLOYEE ADVOCATE.—The Secretary shall establish and 

5 maintain within U.S. Citizenship and Immigration Serv6 ices the Office of the Small Business and Employee Advo7 cate (in this section referred to as the ‘‘Office’’). The pur8 pose of the Office shall be to assist small businesses and 

9 individuals in complying with the requirements of section 

10 274A of the Immigration and Nationality Act (8 U.S.C. 

11 1324a), as amended by this Act, including the resolution 

12 of conflicts arising in the course of attempted compliance 

13 with such requirements. 

14 (b) FUNCTIONS.—The functions of the Office shall 

15 include, but not be limited to, the following: 

16 (1) Informing small businesses and individuals 

17 about the verification practices required by section 

18 274A of the Immigration and Nationality Act, in19 cluding, but not limited to, the document verification 

20 requirements and the employment verification sys21 tem requirements under subsections (c) and (d) of 

22 that section. 

23 (2) Assisting small businesses and individuals 

24 in addressing allegedly erroneous further action no25 tices and nonconfirmations issued under subsection 


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1 (d) of section 274A of the Immigration and Nation2 ality Act. 

3 (3) Informing small businesses and individuals 

4 of the financial liabilities and criminal penalties that 

5 apply to violations and failures to comply with the 

6 requirements of section 274A of the Immigration 

7 and Nationality Act, including, but not limited to, by 

8 issuing best practices for compliance with that sec9 tion. 

10 (4) To the extent practicable, proposing 

11 changes to the Secretary in the administrative prac12 tices of the employment verification system required 

13 under subsection (d) of section 274A of the Immi14 gration and Nationality Act to mitigate the problems 

15 identified under paragraph (2). 

16 (5) Making recommendations through the Sec17 retary to Congress for legislative action to mitigate 

18 such problems. 

19 (c) AUTHORITY TO ISSUE ASSISTANCE ORDER.— 

20 (1) IN GENERAL.—Upon application filed by a 

21 small business or individual with the Office (in such 

22 form, manner, and at such time as the Secretary 

23 shall by regulations prescribe), the Office may issue 

24 an assistance order if— 


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1 (A) the Office determines the small busi2 ness or individual is suffering or about to suffer 

3 a significant hardship as a result of the manner 

4 in which the employment verification laws 

5 under subsections (c) and (d) of section 274A 

6 of the Immigration and Nationality Act are 

7 being administered by the Secretary; or 

8 (B) the small business or individual meets 

9 such other requirements as are set forth in reg10 ulations prescribed by the Secretary. 

11 (2) DETERMINATION OF HARDSHIP.—For pur12 poses of paragraph (1), a significant hardship shall 

13 include— 

14 (A) an immediate threat of adverse action; 

15 (B) a delay of more than 60 days in resolv16 ing employment verification system problems; 

17 (C) the incurring by the small business or 

18 individual of significant costs if relief is not 

19 granted; or 

20 (D) irreparable injury to, or a long-term 

21 adverse impact on, the small business or indi22 vidual if relief is not granted. 

23 (3) STANDARDS WHEN ADMINISTRATIVE GUID24 ANCE NOT FOLLOWED.—In cases where a U.S. Citi25 zenship and Immigration Services employee is not 


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1 following applicable published administrative guid2 ance, the Office shall construe the factors taken into 

3 account in determining whether to issue an assist4 ance order under this subsection in the manner most 

5 favorable to the small business or individual. 

6 (4) TERMS OF ASSISTANCE ORDER.—The terms 

7 of an assistance order under this subsection may re8 quire the Secretary within a specified time period— 

9 (A) to determine whether any employee is 

10 or is not authorized to work in the United 

11 States; or 

12 (B) to abate any penalty under section 

13 274A of the Immigration and Nationality Act 

14 that the Office determines is arbitrary, capri15 cious, or disproportionate to the underlying of16 fense. 

17 (5) AUTHORITY TO MODIFY OR RESCIND.—Any 

18 assistance order issued by the Office under this sub19 section may be modified or rescinded— 

20 (A) only by the Office, the Director or 

21 Deputy Director of U.S. Citizenship and Immi22 gration Services, or the Secretary or the Sec23 retary’s designee; and 

24 (B) if rescinded by the Director or Deputy 

25 Director of U.S. Citizenship and Immigration 


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1 Services, only if a written explanation of the 

2 reasons of such official for the modification or 

3 rescission is provided to the Office. 

4 (6) SUSPENSION OF RUNNING OF PERIOD OF

5 LIMITATION.—The running of any period of limita6 tion with respect to an action described in paragraph 

7 (4)(A) shall be suspended for— 

8 (A) the period beginning on the date of the 

9 small business or individual’s application under 

10 paragraph (1) and ending on the date of the 

11 Office’s decision with respect to such applica12 tion; and 

13 (B) any period specified by the Office in 

14 an assistance order issued under this subsection 

15 pursuant to such application. 

16 (7) INDEPENDENT ACTION OF OFFICE.—Noth17 ing in this subsection shall prevent the Office from 

18 taking any action in the absence of an application 

19 under paragraph (1). 

20 (d) ACCESSIBILITY TO THE PUBLIC.— 

21 (1) IN PERSON, ONLINE, AND TELEPHONE AS22 SISTANCE.—The Office shall provide information 

23 and assistance specified in subsection (b) in person 

24 at locations designated by the Secretary, online 


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1 through an Internet website of the Department 

2 available to the public, and by telephone. 

3 (2) AVAILABILITY TO ALL EMPLOYERS.—In 

4 making information and assistance available, the Of5 fice shall prioritize the needs of small businesses and 

6 individuals. However, the information and assistance 

7 available through the Office shall be available to any 

8 employer. 

9 (e) AVOIDING DUPLICATION THROUGH COORDINA10 TION.—In the discharge of the functions of the Office, the 

11 Secretary shall consult with the Secretary of Labor, the 

12 Secretary of Agriculture, the Commissioner, the Attorney 

13 General, the Equal Employment Opportunity Commission, 

14 and the Administrator of the Small Business Administra15 tion in order to avoid duplication of efforts across the Fed16 eral Government. 

17 (f) DEFINITIONS.—In this section: 

18 (1) The term ‘‘employer’’ has the meaning 

19 given that term in section 274A(b) of the Immigra20 tion and Nationality Act. 

21 (2) The term ‘‘small business’’ means an em22 ployer with 49 or fewer employees. 

23 (g) FUNDING.—There shall be appropriated, from the 

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1 lished by section 6(a)(1) of this Act, such sums as may 

2 be necessary to carry out the functions of the Office. 

3 Subtitle B—Protecting United 

4 States Workers 

5 SEC. 3201. PROTECTIONS FOR VICTIMS OF SERIOUS VIOLA6 TIONS OF LABOR AND EMPLOYMENT LAW OR 

7 CRIME. 

8 (a) IN GENERAL.—Section 101(a)(15)(U) (8 U.S.C. 

9 1101(a)(15)(U)) is amended— 

10 (1) in clause (i)— 

11 (A) by amending subclause (I) to read as 

12 follows: 

13 ‘‘(I) the alien— 

14 ‘‘(aa) has suffered substantial 

15 physical or mental abuse or substan16 tial harm as a result of having been a 

17 victim of criminal activity described in 

18 clause (iii) or of a covered violation 

19 described in clause (iv); or 

20 ‘‘(bb) is a victim of criminal ac21 tivity described in clause (iii) or of a 

22 covered violation described in clause 

23 (iv) and would suffer extreme hard24 ship upon removal;’’; 


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1 (B) in subclause (II), by inserting ‘‘, or a 

2 covered violation resulting in a claim described 

3 in clause (iv) that is not the subject of a frivo4 lous lawsuit by the alien’’ before the semicolon 

5 at the end; and 

6 (C) by amending subclauses (III) and (IV) 

7 to read as follows: 

8 ‘‘(III) the alien (or in the case of an 

9 alien child who is younger than 16 years of 

10 age, the parent, legal guardian, or next 

11 friend of the alien) has been helpful, is 

12 being helpful, or is likely to be helpful to— 

13 ‘‘(aa) a Federal, State, or local 

14 law enforcement official, a Federal, 

15 State, or local prosecutor, a Federal, 

16 State, or local judge, the Department 

17 of Homeland Security, the Equal Em18 ployment Opportunity Commission, 

19 the Department of Labor, or other 

20 Federal, State, or local authorities in21 vestigating or prosecuting criminal ac22 tivity described in clause (iii); or 

23 ‘‘(bb) any Federal, State, or local 

24 governmental agency or judge inves25 tigating, prosecuting, or seeking civil 


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1 remedies for any cause of action, 

2 whether criminal, civil, or administra3 tive, arising from a covered violation 

4 described in clause (iv) and presents a 

5 certification from such Federal, State, 

6 or local governmental agency or judge 

7 attesting that the alien has been help8 ful, is being helpful, or is likely to be 

9 helpful to such agency in the inves10 tigation, prosecution, or adjudication 

11 arising from a covered violation de12 scribed in clause (iv); and 

13 ‘‘(IV) the criminal activity described 

14 in clause (iii) or the covered violation de15 scribed in clause (iv)— 

16 ‘‘(aa) violated the laws of the 

17 United States; or 

18 ‘‘(bb) occurred in the United 

19 States (including Indian country and 

20 military installations) or the terri21 tories and possessions of the United 

22 States;’’; 

23 (2) in clause (ii)(II), by striking ‘‘and’’ at the 

24 end; 

25 (3) by moving clause (iii) 2 ems to the left; 


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1 (4) in clause (iii), by inserting ‘‘child abuse; 

2 elder abuse;’’ after ‘‘stalking;’’; 

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

4 ‘‘(iv) a covered violation referred to in this 

5 clause is— 

6 ‘‘(I) a serious violation involving 1 or more 

7 of the following or any similar activity in viola8 tion of any Federal, State, or local law: serious 

9 workplace abuse, exploitation, retaliation, or 

10 violation of whistleblower protections; 

11 ‘‘(II) a violation giving rise to a civil cause 

12 of action under section 1595 of title 18, United 

13 States Code; or 

14 ‘‘(III) a violation resulting in the depriva15 tion of due process or constitutional rights.’’. 

16 (b) SAVINGS PROVISION.—Nothing in section 

17 101(a)(15)(U)(iv)(I) of the Immigration and Nationality 

18 Act, as added by subsection (a), may be construed as al19 tering the definition of retaliation or discrimination under 

20 any other provision of law. 

21 (c) TEMPORARY STAY OF REMOVAL.—Section 274A 

22 (8 U.S.C. 1324a), as amended by section 3101, is further 

23 amended— 

24 (1) in subsection (e) by adding at the end the 

25 following: 


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1 ‘‘(10) CONDUCT IN ENFORCEMENT ACTIONS.— 

2 If the Secretary undertakes an enforcement action 

3 at a facility about which a bona fide workplace claim 

4 has been filed or is contemporaneously filed, or as 

5 a result of information provided to the Secretary in 

6 retaliation against employees for exercising their 

7 rights related to a bona fide workplace claim, the 

8 Secretary shall ensure that— 

9 ‘‘(A) any aliens arrested or detained who 

10 are necessary for the investigation or prosecu11 tion of a bona fide workplace claim or criminal 

12 activity (as described in subparagraph (T) or 

13 (U) of section 101(a)(15)) are not removed 

14 from the United States until after the Sec15 retary— 

16 ‘‘(i) notifies the appropriate law en17 forcement agency with jurisdiction over 

18 such violations or criminal activity; and 

19 ‘‘(ii) provides such agency with the 

20 opportunity to interview such aliens; 

21 ‘‘(B) no aliens entitled to a stay of removal 

22 or abeyance of removal proceedings under this 

23 section are removed; and 

24 ‘‘(C) the Secretary shall stay the removal 

25 of an alien who— 


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1 ‘‘(i) has filed a claim regarding a cov2 ered violation described in clause (iv) of 

3 section 101(a)(15)(U) and is the victim of 

4 the same violations under an existing in5 vestigation; 

6 ‘‘(ii) is a material witness in any 

7 pending or anticipated proceeding involving 

8 a bona fide workplace claim or civil rights 

9 claim; or 

10 ‘‘(iii) has filed for relief under such 

11 section if the alien is working with law en12 forcement as described in clause (i)(III) of 

13 such section.’’; and 

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

15 ‘‘(m) VICTIMS OF CRIMINAL ACTIVITY OR LABOR

16 AND EMPLOYMENT VIOLATIONS.—The Secretary of 

17 Homeland Security may permit an alien to remain tempo18 rarily in the United States and authorize the alien to en19 gage in employment in the United States if the Secretary 

20 determines that the alien— 

21 ‘‘(1) has filed for relief under section 

22 101(a)(15)(U); or 

23 ‘‘(2)(A) has filed, or is a material witness to, a 

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1 ered violation (as defined in section 

2 101(a)(15)(U)(iv)); and 

3 ‘‘(B) has been helpful, is being helpful, or is 

4 likely to be helpful, in the investigation, prosecution 

5 of, or pursuit of civil remedies related to the claim 

6 arising from a covered violation, to— 

7 ‘‘(i) a Federal, State, or local law enforce8 ment official; 

9 ‘‘(ii) a Federal, State, or local prosecutor; 

10 ‘‘(iii) a Federal, State, or local judge; 

11 ‘‘(iv) the Department of Homeland Secu12 rity; 

13 ‘‘(v) the Equal Employment Opportunity 

14 Commission; or 

15 ‘‘(vi) the Department of Labor.’’. 

16 (d) CONFORMING AMENDMENTS.—Section 214(p) (8 

17 U.S.C. 1184(p)) is amended— 

18 (1) in paragraph (1), by striking ‘‘in section 

19 101(a)(15)(U)(iii).’’ both places it appears and in20 serting ‘‘in clause (iii) of section 101(a)(15)(U) or 

21 investigating, prosecuting, or seeking civil remedies 

22 for claims resulting from a covered violation de23 scribed in clause (iv) of such section.’’; and 

24 (2) in the first sentence of paragraph (6)— 


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1 (A) by striking ‘‘in section 

2 101(a)(15)(U)(iii)’’ and inserting ‘‘in clause 

3 (iii) of section 101(a)(15)(U) or claims result4 ing from a covered violation described in clause 

5 (iv) of such section’’; and 

6 (B) by inserting ‘‘or claim arising from a 

7 covered violation’’ after ‘‘prosecution of such 

8 criminal activity’’. 

9 (e) MODIFICATION OF LIMITATION ON AUTHORITY

10 TO ADJUST STATUS FOR VICTIMS OF CRIMES.—Section 

11 245(m)(1) (8 U.S.C. 1255(m)(1)) is amended, in the mat12 ter before subparagraph (A), by inserting ‘‘or an investiga13 tion or prosecution regarding a workplace or civil rights 

14 claim’’ after ‘‘prosecution’’. 

15 (f) EXPANSION OF LIMITATION ON SOURCES OF IN16 FORMATION THAT MAY BE USED TO MAKE ADVERSE

17 DETERMINATIONS.— 

18 (1) IN GENERAL.—Section 384(a)(1) of the Il19 legal Immigration Reform and Immigrant Responsi20 bility Act of 1996 (8 U.S.C. 1367(a)(1)) is amend21 ed— 

22 (A) in each of subparagraphs (A) through 

23 (D), by striking the comma at the end and in24 serting a semicolon; 


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1 (B) subparagraph (E), by striking ‘‘the 

2 criminal activity,’’ and inserting ‘‘abuse and the 

3 criminal activity or bona fide workplace claim 

4 (as defined in subsection (e));’’; 

5 (C) in subparagraph (F), by striking ‘‘, the 

6 trafficker or perpetrator,’’ and inserting ‘‘), the 

7 trafficker or perpetrator; or’’; and 

8 (D) by inserting after subparagraph (F) 

9 the following: 

10 ‘‘(G) the alien’s employer; or’’. 

11 (2) WORKPLACE CLAIM DEFINED.—Section 384 

12 of such Act (8 U.S.C. 1367) is amended by adding 

13 at the end the following: 

14 ‘‘(e) WORKPLACE CLAIMS.— 

15 ‘‘(1) WORKPLACE CLAIMS DEFINED.— 

16 ‘‘(A) IN GENERAL.—In subsection (a)(1), 

17 the term ‘workplace claim’ means any claim, pe18 tition, charge, complaint, or grievance filed 

19 with, or submitted to, a Federal, State, or local 

20 agency or court, relating to the violation of ap21 plicable Federal, State, or local labor or employ22 ment laws. 

23 ‘‘(B) CONSTRUCTION.—Subparagraph (A) 

24 may not be construed to alter what constitutes 


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1 retaliation or discrimination under any other 

2 provision of law. 

3 ‘‘(2) PENALTY FOR FALSE CLAIMS.—Any per4 son who knowingly presents a false or fraudulent 

5 claim to a law enforcement official in relation to a 

6 covered violation described in section 

7 101(a)(15)(U)(iv) of the Immigration and Nation8 ality Act for the purpose of obtaining a benefit 

9 under this section shall be subject to a civil penalty 

10 of not more than $1,000. 

11 ‘‘(3) LIMITATION ON STAY OF ADVERSE DETER12 MINATIONS.—In the case of an alien applying for 

13 status under section 101(a)(15)(U) of the Immigra14 tion and Nationality Act and seeking relief under 

15 that section, the prohibition on adverse determina16 tions under subsection (a) shall expire on the date 

17 that the alien’s application for status under such 

18 section is denied and all opportunities for appeal of 

19 the denial have been exhausted.’’. 

20 (g) REMOVAL PROCEEDINGS.—Section 239(e) (8 

21 U.S.C. 1229(e)) is amended— 

22 (1) in paragraph (1)— 

23 (A) by striking ‘‘In cases where’’ and in24 serting ‘‘If’’; and 


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1 (B) by striking ‘‘paragraph (2),’’ and in2 serting ‘‘paragraph (2) or as a result of infor3 mation provided to the Secretary of Homeland 

4 Security in retaliation against individuals for 

5 exercising or attempting to exercise their em6 ployment rights or other legal rights,’’; and 

7 (2) in paragraph (2), by adding at the end the 

8 following: 

9 ‘‘(C) At a facility about which a bona fide 

10 workplace claim has been filed or is contem11 poraneously filed.’’. 

12 SEC. 3202. EMPLOYMENT VERIFICATION SYSTEM EDU13 CATION FUNDING. 

14 (a) DISPOSITION OF CIVIL PENALTIES.—Penalties 

15 collected under subsections (e)(4) and (f)(3) of section 

16 274A of the Immigration and Nationality Act, amended 

17 by section 3101, shall be deposited, as offsetting receipts, 

18 into the Comprehensive Immigration Reform Trust Fund 

19 established under section 6(a)(1). 

20 (b) EXPENDITURES.—Amounts deposited into the 

21 Trust Fund under subsection (a) shall be made available 

22 to the Secretary and the Attorney General to provide edu23 cation to employers and employees regarding the require24 ments, obligations, and rights under the Employment 

25 Verification System. 


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1 (c) DETERMINATION OF BUDGETARY EFFECTS.— 

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

4 made available under this section are designated as 

5 an emergency requirement pursuant to section 

6 403(a) of S. Con. Res. 13 (111th Congress), the 

7 concurrent resolution on the budget for fiscal year 

8 2010. 

9 (2) EMERGENCY DESIGNATION FOR STATUTORY

10 PAYGO.—Amounts made available under this section 

11 are designated as an emergency requirement under 

12 section 4(g) of the Statutory Pay-As-You-Go Act of 

13 2010 (Public Law 111–139; 2 U.S.C. 933(g)). 

14 SEC. 3203. DIRECTIVE TO THE UNITED STATES SEN15 TENCING COMMISSION. 

16 (a) IN GENERAL.—Pursuant to its authority under 

17 section 994 of title 28, United States Code, and in accord18 ance with subsection (b), the United States Sentencing 

19 Commission shall promulgate sentencing guidelines or 

20 amend existing sentencing guidelines to modify, if appro21 priate, the penalties imposed on persons convicted of of22 fenses under— 

23 (1) section 274A of the Immigration and Na24 tionality Act (8 U.S.C. 1324a), as amended by sec25 tion 3101; 


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1 (2) section 16 of the Fair Labor Standards Act 

2 of 1938 (29 U.S.C. 216); and 

3 (3) any other Federal law covering similar con4 duct. 

5 (b) REQUIREMENTS.—In carrying out subsection (a), 

6 the Sentencing Commission shall provide sentencing en7 hancements for any person convicted of an offense de8 scribed in subsection (a) if such offense involves— 

9 (1) the intentional confiscation of identification 

10 documents; 

11 (2) corruption, bribery, extortion, or robbery; 

12 (3) sexual abuse; 

13 (4) serious bodily injury; 

14 (5) an intent to defraud; or 

15 (6) a pattern of conduct involving multiple vio16 lations of law that— 

17 (A) creates, through knowing and inten18 tional conduct, a risk to the health or safety of 

19 any victim; or 

20 (B) denies payments due to victims for 

21 work completed. 

22 Subtitle C—Other Provisions 

23 SEC. 3301. FUNDING. 

24 (a) ESTABLISHMENT OF THE INTERIOR ENFORCE25 MENT ACCOUNT.—There is hereby established in the 


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1 Treasury of the United States an account which shall be 

2 known as the Interior Enforcement Account. 

3 (b) APPROPRIATIONS.—There are authorized to be 

4 appropriated to the Interior Enforcement Account 

5 $1,000,000,000 to carry out this title and the amend6 ments made by this title, including the following appro7 priations: 

8 (1) In each of the 5 years beginning on the date 

9 of the enactment of this Act, the appropriations nec10 essary to increase to a level not less than 5,000, by 

11 the end of such 5-year period, the total number of 

12 personnel of the Department assigned exclusively or 

13 principally to an office or offices in U.S. Citizenship 

14 and Immigration Services and U.S. Immigration and 

15 Customs Enforcement (and consistent with the mis16 sions of such agencies), dedicated to administering 

17 the System, and monitoring and enforcing compli18 ance with sections 274A, 274B, and 274C of the 

19 Immigration and Nationality Act (8 U.S.C. 1324a, 

20 1324b, and 1324c), including compliance with the 

21 requirements of the Electronic Verification System 

22 established under section 274A(d) of the Immigra23 tion and Nationality Act (8 U.S.C. 1324a(d)), as 

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1 form compliance and monitoring functions, including 

2 the following: 

3 (A) Verify compliance of employers partici4 pating in such System with the requirements 

5 for participation that are prescribed by the Sec6 retary. 

7 (B) Monitor such System for multiple uses 

8 of social security account numbers and immi9 gration identification numbers that could indi10 cate identity theft or fraud. 

11 (C) Monitor such System to identify dis12 criminatory or unfair practices. 

13 (D) Monitor such System to identify em14 ployers who are not using such System prop15 erly, including employers who fail to make 

16 available appropriate records with respect to 

17 their queries and any notices of confirmation, 

18 nonconfirmation, or further action. 

19 (E) Identify instances in which an em20 ployee alleges that an employer violated the em21 ployee’s privacy or civil rights, or misused such 

22 System, and create procedures for an employee 

23 to report such an allegation. 

24 (F) Analyze and audit the use of such Sys25 tem and the data obtained through such System 


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1 to identify fraud trends, including fraud trends 

2 across industries, geographical areas, or em3 ployer size. 

4 (G) Analyze and audit the use of such Sys5 tem and the data obtained through such System 

6 to develop compliance tools as necessary to re7 spond to changing patterns of fraud. 

8 (H) Provide employers with additional 

9 training and other information on the proper 

10 use of such System, including training related 

11 to privacy and employee rights. 

12 (I) Perform threshold evaluation of cases 

13 for referral to the Special Counsel for Immigra14 tion-Related Unfair Employment Practices of 

15 the Department of Justice or the Equal Em16 ployment Opportunity Commission, and other 

17 officials or agencies with responsibility for en18 forcing anti-discrimination, civil rights, privacy, 

19 or worker protection laws, as may be appro20 priate. 

21 (J) Any other compliance and monitoring 

22 activities that the Secretary determines are nec23 essary to ensure the functioning of such Sys24 tem. 


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1 (K) Investigate identity theft and fraud de2 tected through such System and undertake the 

3 necessary enforcement or referral actions. 

4 (L) Investigate use of or access to fraudu5 lent documents and undertake the necessary en6 forcement actions. 

7 (M) Perform any other investigations that 

8 the Secretary determines are necessary to en9 sure the lawful functioning of such System, and 

10 undertake any enforcement actions necessary as 

11 a result of such investigations. 

12 (2) The appropriations necessary to acquire, in13 stall, and maintain technological equipment nec14 essary to support the functioning of such System 

15 and the connectivity between U.S. Citizenship and 

16 Immigration Services and U.S. Immigration and 

17 Customs Enforcement, the Department of Justice, 

18 and other agencies or officials with respect to the 

19 sharing of information to support such System and 

20 related immigration enforcement actions. 

21 (3) The appropriations necessary to establish a 

22 robust redress process for employees who wish to ap23 peal contested nonconfirmations to ensure the accu24 racy and fairness of such System. 


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1 (4) The appropriations necessary to provide a 

2 means by which individuals may access their own 

3 employment authorization data to ensure the accu4 racy of such data, independent of an individual’s em5 ployer. 

6 (5) The appropriations necessary to carry out 

7 the identity authentication mechanisms described in 

8 section 274A(c)(1)(F) of the Immigration and Na9 tionality Act, as amended by section 3101(a). 

10 (6) The appropriations necessary for the Office 

11 for Civil Rights and Civil Liberties and the Office of 

12 Privacy of the Department to perform the respon13 sibilities of such Offices related to such System. 

14 (7) The appropriations necessary to make 

15 grants to States to support the States in assisting 

16 the Federal Government in carrying out the provi17 sions of this title and the amendments made by this 

18 title. 

19 (c) ESTABLISHMENT OF REIMBURSABLE AGREE20 MENT BETWEEN THE DEPARTMENT OF HOMELAND SE21 CURITY AND THE SOCIAL SECURITY ADMINISTRATION.— 

22 Effective for fiscal years beginning on or after the date 

23 of enactment of this Act, the Secretary and the Commis24 sioner of Social Security shall enter into and maintain an 

25 agreement that— 


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1 (1) provides funds to the Commissioner for the 

2 full costs of the responsibilities of the Commissioner 

3 under this section, including— 

4 (A) acquiring, installing, and maintaining 

5 technological equipment and systems necessary 

6 for the fulfillment of the responsibilities of the 

7 Commissioner under this section; and 

8 (B) responding to individuals who contest 

9 a further action notice provided by the employ10 ment verification system established under sec11 tion 274A of the Immigration and Nationality 

12 Act, as amended by section 3101; 

13 (2) provides such funds quarterly in advance of 

14 the applicable quarter based on estimating method15 ology agreed to by the Commissioner and the Sec16 retary; and 

17 (3) requires an annual accounting and reconcili18 ation of the actual costs incurred and the funds pro19 vided under the agreement which shall be reviewed 

20 by the Office of the Inspector General of the Social 

21 Security Administration and the Department. 

22 (d) AUTHORIZATION OF APPROPRIATIONS TO THE

23 ATTORNEY GENERAL.—There are authorized to be appro24 priated to the Attorney General such sums as may be nec25 essary to carry out the provisions of this title and the 


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1 amendments made by this title, including enforcing com2 pliance with section 274B of the Immigration and Nation3 ality Act, as amended by section 3105. 

4 (e) AUTHORIZATION OF APPROPRIATIONS TO THE

5 SECRETARY OF STATE.—There are authorized to be ap6 propriated to the Secretary of State such sums as may 

7 be necessary to carry out the provisions of this title and 

8 the amendments made by this title. 

9 SEC. 3302. EFFECTIVE DATE. 

10 Except as otherwise specifically provided, this title 

11 and the amendments made by this title shall take effect 

12 on the date of the enactment of this Act. 

13 SEC. 3303. MANDATORY EXIT SYSTEM. 

14 (a) ESTABLISHMENT.— 

15 (1) IN GENERAL.—Not later than December 31, 

16 2015, the Secretary shall establish a mandatory exit 

17 data system that shall include a requirement for the 

18 collection of data from machine-readable visas, pass19 ports, and other travel and entry documents for all 

20 categories of aliens who are exiting from air and sea 

21 ports of entry. 

22 (2) BIOMETRIC EXIT DATA SYSTEM.—Not later 

23 than 2 years after the date of the enactment of this 

24 Act, the Secretary shall establish a mandatory bio25 metric exit data system at the 10 United States airVerDate Mar 15 2010 19:31 Jul 09, 2013 Jkt 029200 PO 00000 Frm 00671 Fmt 6652 Sfmt 6201 E:\BILLS\S744.PAP S744

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1 ports that support the highest volume of inter2 national air travel, as determined by Department of 

3 Transportation international flight departure data. 

4 (3) IMPLEMENTATION REPORT.—Not later than 

5 60 days after the date of the enactment of this Act, 

6 the Secretary shall submit to the Committee on 

7 Homeland Security and Governmental Affairs of the 

8 Senate and the Committee on Homeland Security of 

9 the House of Representatives a report the implemen10 tation of the biometric exit data system referred to 

11 in paragraph (2), the impact of such system on any 

12 additional wait times for travelers, and projections 

13 for new officer personnel, including U.S. Customs 

14 and Border Protection officers. 

15 (4) EFFECTIVENESS REPORT.—Not later than 

16 3 years after the date of the enactment of this Act, 

17 the Secretary shall submit a report to Congress that 

18 analyzes the effectiveness of biometric exit data col19 lection at the 10 airports referred to in paragraph 

20 (2). 

21 (5) MANDATORY BIOMETRIC EXIT DATA SYS22 TEM.—Absent intervening action by Congress, the 

23 Secretary, not later than 6 years after the date of 

24 the enactment of this Act, shall establish a manda25 tory biometric exit data system at all the Core 30 


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1 international airports in the United States, as so 

2 designated by the Federal Aviation Administration. 

3 (6) EXPANSION OF BIOMETRIC EXIT DATA SYS4 TEM TO MAJOR SEA AND LAND PORTS.—Not later 

5 than 6 years after the date of the enactment of this 

6 Act, the Secretary shall submit a plan to Congress 

7 for the expansion of the biometric exit system to 

8 major sea and land entry and exit points within the 

9 United States based upon— 

10 (A) the performance of the program estab11 lished pursuant to paragraph (2); 

12 (B) the findings of the study conducted 

13 pursuant to paragraph (4); and 

14 (C) the projected costs to develop and de15 ploy an effective biometric exit data system. 

16 (7) DATA COLLECTION.—There are authorized 

17 to be appropriated, from the Comprehensive Immi18 gration Reform Trust Fund established under sec19 tion 6(a)(1), such sums as may be necessary to 

20 carry out this section 

21 (b) INTEGRATION AND INTEROPERABILITY.— 

22 (1) INTEGRATION OF DATA SYSTEM.—The Sec23 retary shall fully integrate all data from databases 

24 and data systems that process or contain informa25 tion on aliens, which are maintained by— 


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1 (A) the Department, at— 

2 (i) the U.S. Immigration and Customs 

3 Enforcement; 

4 (ii) the U.S. Customs and Border 

5 Protection; and 

6 (iii) the U.S. Citizenship and Immi7 gration Services; 

8 (B) the Department of Justice, at the Ex9 ecutive Office for Immigration Review; and 

10 (C) the Department of State, at the Bu11 reau of Consular Affairs. 

12 (2) INTEROPERABLE COMPONENT.—The fully 

13 integrated data system under paragraph (1) shall be 

14 an interoperable component of the exit data system. 

15 (3) INTEROPERABLE DATA SYSTEM.—The Sec16 retary shall fully implement an interoperable elec17 tronic data system to provide current and immediate 

18 access to information in the databases of Federal 

19 law enforcement agencies and the intelligence com20 munity that is relevant to determine— 

21 (A) whether to issue a visa; or 

22 (B) the admissibility or deportability of an 

23 alien. 

24 (4) TRAINING.—The Secretary shall establish 

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1 prove adjudications at United States ports of entry, 

2 consulates, and embassies. 

3 (c) INFORMATION SHARING.—The Secretary shall re4 port to the appropriate Federal law enforcement agency, 

5 intelligence agency, national security agency, or compo6 nent of the Department of Homeland Security any alien 

7 who was lawfully admitted into the United States and 

8 whose individual data in the integrated exit data system 

9 shows that he or she has not departed the country when 

10 he or she was legally required to do so, and shall ensure 

11 that— 

12 (1) if the alien has departed the United States 

13 when he or she was legally required to do so, the in14 formation contained in the integrated exit data sys15 tem is updated to reflect the alien’s departure; or 

16 (2) if the alien has not departed the United 

17 States when he or she was legally required to do so, 

18 reasonably available enforcement resources are em19 ployed to locate the alien and to commence removal 

20 proceedings against the alien. 


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1 SEC. 3304. IDENTITY-THEFT RESISTANT MANIFEST INFOR2 MATION FOR PASSENGERS, CREW, AND NON3 CREW ONBOARD DEPARTING AIRCRAFT AND 

4 VESSELS. 

5 (a) DEFINITIONS.—Except as otherwise specifically 

6 provided, in this section: 

7 (1) IDENTITY-THEFT RESISTANT COLLECTION

8 LOCATION.—The term ‘‘identity-theft resistant col9 lection location’’ means a location within an airport 

10 or seaport— 

11 (A) within the path of the departing alien, 

12 such that the alien would not need to signifi13 cantly deviate from that path to comply with 

14 exit requirements at which air or vessel carrier 

15 employees, as applicable, either presently or 

16 routinely are available if an alien needs proc17 essing assistance; and 

18 (B) which is equipped with technology that 

19 can securely collect and transmit identity-theft 

20 resistant departure information to the Depart21 ment. 

22 (2) US–VISIT.—The term ‘‘US–VISIT’’ means 

23 the United States-Visitor and Immigrant Status In24 dicator Technology system. 

25 (b) IDENTITY THEFT RESISTANT MANIFEST INFOR26 MATION.— 


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1 (1) PASSPORT OR VISA COLLECTION REQUIRE2 MENT.—Except as provided in subsection (c), an ap3 propriate official of each commercial aircraft or ves4 sel departing from the United States to any port or 

5 place outside the United States shall ensure trans6 mission to U.S. Customs and Border Protection of 

7 identity-theft resistant departure manifest informa8 tion covering alien passengers, crew, and non-crew. 

9 Such identity-theft resistant departure manifest in10 formation— 

11 (A) shall be transmitted to U.S. Customs 

12 and Border Protection at the place and time 

13 specified in paragraph (3) by means approved 

14 by the Secretary; and 

15 (B) shall set forth the information speci16 fied in paragraph (4) or other information as 

17 required by the Secretary. 

18 (2) MANNER OF COLLECTION.—Carriers board19 ing alien passengers, crew, and noncrew subject to 

20 the requirement to provide information upon depar21 ture for US–VISIT processing shall collect identity22 theft resistant departure manifest information from 

23 each alien at an identity-theft resistant collection lo24 cation at the airport or seaport before boarding that 

25 alien on transportation for departure from the 


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1 United States, at a time as close to the originally 

2 scheduled departure of that passenger’s aircraft or 

3 sea vessel as practicable. 

4 (3) TIME AND MANNER OF SUBMISSION.— 

5 (A) IN GENERAL.—The appropriate official 

6 specified in paragraph (1) shall ensure trans7 mission of the identity-theft resistant departure 

8 manifest information required and collected 

9 under paragraphs (1) and (2) to the Data Cen10 ter or Headquarters of U.S. Customs and Bor11 der Protection, or such other data center as 

12 may be designated. 

13 (B) TRANSMISSION.—The biometric depar14 ture information may be transmitted to the De15 partment over any means of communication au16 thorized by the Secretary for the transmission 

17 of other electronic manifest information con18 taining personally identifiable information and 

19 under transmission standards currently applica20 ble to other electronic manifest information. 

21 (C) SUBMISSION ALONG WITH OTHER IN22 FORMATION.—Files containing the identity23 theft resistant departure manifest informa24 tion— 


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1 (i) may be sent with other electronic 

2 manifest data prior to departure or may be 

3 sent separately from any topically related 

4 electronic manifest data; and 

5 (ii) may be sent in batch mode. 

6 (4) INFORMATION REQUIRED.—The identity7 theft resistant departure information required under 

8 paragraphs (1) through (3) for each covered pas9 senger or crew member shall contain alien data from 

10 machine-readable visas, passports, and other travel 

11 and entry documents issued to the alien. 

12 (c) EXCEPTION.—The identity-theft resistant depar13 ture information specified in this section is not required 

14 for any alien active duty military personnel traveling as 

15 passengers on board a departing Department of Defense 

16 commercial chartered aircraft. 

17 (d) CARRIER MAINTENANCE AND USE OF IDENTITY18 THEFT RESISTANT DEPARTURE MANIFEST INFORMA19 TION.—Carrier use of identity-theft resistant departure 

20 manifest information for purposes other than as described 

21 in standards set by the Secretary is prohibited. Carriers 

22 shall immediately notify the Chief Privacy Officer of the 

23 Department in writing in the event of unauthorized use 

24 or access, or breach, of identity-theft resistant departure 

25 manifest information. 


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1 (e) COLLECTION AT SPECIFIED LOCATION.—If the 

2 Secretary determines that an air or vessel carrier has not 

3 adequately complied with the provisions of this section, the 

4 Secretary may, in the Secretary’s discretion, require the 

5 air or vessel carrier to collect identity-theft resistant de6 parture manifest information at a specific location prior 

7 to the issuance of a boarding pass or other document on 

8 the international departure, or the boarding of crew, in 

9 any port through which the carrier boards aliens for inter10 national departure under the supervision of the Secretary 

11 for such period as the Secretary considers appropriate to 

12 ensure the adequate collection and transmission of biomet13 ric departure manifest information. 

14 (f) FUNDING.—There shall be appropriated to the In15 terior Enforcement Account $500,000,000 to reimburse 

16 carriers for their reasonable actual expenses in carrying 

17 out their duties as described in this section. 

18 (g) DETERMINATION OF BUDGETARY EFFECTS.— 

19 (1) EMERGENCY DESIGNATION FOR CONGRES20 SIONAL ENFORCEMENT.—In the Senate, amounts 

21 made available under this section are designated as 

22 an emergency requirement pursuant to section 

23 403(a) of S. Con. Res. 13 (111th Congress), the 

24 concurrent resolution on the budget for fiscal year 

25 2010. 


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1 (2) EMERGENCY DESIGNATION FOR STATUTORY

2 PAYGO.—Amounts made available under this section 

3 are designated as an emergency requirement under 

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

5 2010 (Public Law 111–139; 2 U.S.C. 933(g)). 

6 SEC. 3305. PROFILING. 

7 (a) PROHIBITION.—In making routine or sponta8 neous law enforcement decisions, such as ordinary traffic 

9 stops, Federal law enforcement officers may not use race 

10 or ethnicity to any degree, except that officers may rely 

11 on race and ethnicity if a specific suspect description ex12 ists. 

13 (b) EXCEPTIONS.— 

14 (1) SPECIFIC INVESTIGATION.—In conducting 

15 activities in connection with a specific investigation, 

16 Federal law enforcement officers may consider race 

17 and ethnicity only to the extent that there is trust18 worthy information, relevant to the locality or time 

19 frame, that links persons of a particular race or eth20 nicity to an identified criminal incident, scheme, or 

21 organization. This standard applies even where the 

22 use of race or ethnicity might otherwise be lawful. 

23 (2) NATIONAL SECURITY.—In investigating or 

24 preventing threats to national security or other cata25 strophic events (including the performance of duties 


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1 related to air transportation security), or in enforc2 ing laws protecting the integrity of the Nation’s bor3 ders, Federal law enforcement officers may not con4 sider race or ethnicity except to the extent permitted 

5 by the Constitution and laws of the United States. 

6 (3) DEFINED TERM.—In this section, the term 

7 ‘‘Federal law enforcement officer’’ means any offi8 cer, agent, or employee of the United States author9 ized by law or by a Government agency to engage 

10 in or supervise the prevention, detection, investiga11 tion, or prosecution of any violation of Federal law. 

12 (c) STUDY AND REGULATIONS.— 

13 (1) DATA COLLECTION.—Not later than 180 

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

15 Secretary shall begin collecting data regarding the 

16 individualized immigration enforcement activities of 

17 covered Department officers. 

18 (2) STUDY.—Not later than 180 days after 

19 data collection under paragraph (1) commences, the 

20 Secretary shall complete a study analyzing the data. 

21 (3) REGULATIONS.—Not later than 90 days 

22 after the date the study required by paragraph (2) 

23 is completed, the Secretary, in consultation with the 

24 Attorney General, shall issue regulations regarding 

25 the use of race, ethnicity, and any other suspect 


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1 classifications the Secretary deems appropriate by 

2 covered Department officers. 

3 (4) REPORTS.—Not later than 30 days after 

4 completion of the study required by paragraph (2), 

5 the Secretary shall submit the study to— 

6 (A) the Committee on Homeland Security 

7 and Governmental Affairs of the Senate; 

8 (B) the Committee on Homeland Security 

9 of the House of Representatives; 

10 (C) the Committee on Appropriations of 

11 the Senate; 

12 (D) the Committee on Appropriations of 

13 the House of Representatives; 

14 (E) the Committee on the Judiciary of the 

15 Senate; and 

16 (F) the Committee on the Judiciary of the 

17 House of Representatives. 

18 (5) DEFINED TERM.—In this subsection, the 

19 term ‘‘covered Department officer’’ means any offi20 cer, agent, or employee of United States Customs 

21 and Border Protection, United States Immigration 

22 and Customs Enforcement, or the Transportation 

23 Security Administration. 


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1 SEC. 3306. ENHANCED PENALTIES FOR CERTAIN DRUG OF2 FENSES ON FEDERAL LANDS. 

3 (a) CULTIVATING OR MANUFACTURING CONTROLLED

4 SUBSTANCES ON FEDERAL PROPERTY.—Section 

5 401(b)(5) of the Controlled Substances Act (21 U.S.C. 

6 841(b)(5)) is amended by striking ‘‘as provided in this 

7 subsection’’ and inserting ‘‘for not more than 10 years, 

8 in addition to any other term of imprisonment imposed 

9 under this subsection,’’. 

10 (b) USE OF HAZARDOUS SUBSTANCES.—Pursuant to 

11 its authority under section 994 of title 28, United States 

12 Code, the United States Sentencing Commission shall 

13 amend the Federal Sentencing Guidelines and policy state14 ments to ensure that the guidelines provide an additional 

15 penalty increase of 2 offense levels above the sentence oth16 erwise applicable for a violation of section 401(a) of the 

17 Controlled Substances Act (21 U.S.C. 841(a)) if the of18 fense— 

19 (1) includes the use of a poison, chemical, or 

20 other hazardous substance to cultivate or manufac21 ture controlled substances on Federal property; 

22 (2) creates a hazard to humans, wildlife, or do23 mestic animals; 

24 (3) degrades or harms the environment or nat25 ural resources; or 


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1 (4) pollutes an aquifer, spring, stream, river, or 

2 body of water. 

3 (c) STREAM DIVERSION OR CLEAR CUTTING ON

4 FEDERAL PROPERTY.— 

5 (1) PROHIBITION ON STREAM DIVERSION OR

6 CLEAR CUTTING ON FEDERAL PROPERTY.—Section 

7 401(b) of the Controlled Substances Act is amended 

8 by adding at the end the following: 

9 ‘‘(8) DESTRUCTION OF BODIES OF WATER.— 

10 Any person who violates subsection (a) in a manner 

11 that diverts, redirects, obstructs, or drains an aqui12 fer, spring, stream, river, or body of water or clear 

13 cuts timber while cultivating or manufacturing a 

14 controlled substance on Federal property shall be 

15 fined in accordance with title 18, United States 

16 Code.’’. 

17 (2) FEDERAL SENTENCING GUIDELINES EN18 HANCEMENT.—Pursuant to its authority under sec19 tion 994 of title 28, United States Code, the United 

20 States Sentencing Commission shall amend the Fed21 eral Sentencing Guidelines and policy statements to 

22 ensure that the guidelines provide an additional pen23 alty increase of 2 offense levels for above the sen24 tence otherwise applicable for a violation of section 

25 401(a) of the Controlled Substances Act (21 U.S.C. 


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1 841(a)) if the offense involves the diversion, redirec2 tion, obstruction, or draining of an aquifer, spring, 

3 stream, river, or body of water or the clear cut of 

4 timber while cultivating or manufacturing a con5 trolled substance on Federal property. 

6 (d) BOOBY TRAPS ON FEDERAL LAND.—Section 

7 401(d)(1) of the Controlled Substances Act (21 U.S.C. 

8 841(d)(1)) is amended by inserting ‘‘cultivated,’’ after ‘‘is 

9 being’’. 

10 (e) USE OR POSSESSION OF FIREARMS IN CONNEC11 TION WITH DRUG OFFENSES ON FEDERAL LANDS.—Pur12 suant to its authority under section 994 of title 28, United 

13 States Code, the United States Sentencing Commission 

14 shall amend the Federal Sentencing Guidelines and policy 

15 statements to ensure that the guidelines provide an addi16 tional penalty increase of 2 offense levels above the sen17 tence otherwise applicable for a violation of section 401(a) 

18 of the Controlled Substances Act (21 U.S.C. 841(a)) if 

19 the offense involves the possession of a firearm while culti20 vating or manufacturing controlled substances on Federal 

21 lands. 


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1 Subtitle D—Asylum and Refugee 

2 Provisions 

3 SEC. 3400. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Frank R. Lauten5 berg Asylum and Refugee Reform Act’’. 

6 SEC. 3401. TIME LIMITS AND EFFICIENT ADJUDICATION OF 

7 GENUINE ASYLUM CLAIMS. 

8 Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amend9 ed— 

10 (1) in subparagraph (A), by inserting ‘‘or the 

11 Secretary of Homeland Security’’ after ‘‘Attorney 

12 General’’ both places such term appears; 

13 (2) by striking subparagraphs (B) and (D); 

14 (3) by redesignating subparagraph (C) as sub15 paragraph (B); 

16 (4) in subparagraph (B), as redesignated, by 

17 striking ‘‘subparagraph (D)’’ and inserting ‘‘sub18 paragraphs (C) and (D)’’; and 

19 (5) by inserting after subparagraph (B), as re20 designated, the following: 

21 ‘‘(C) CHANGED CIRCUMSTANCES.—Not22 withstanding subparagraph (B), an application 

23 for asylum of an alien may be considered if the 

24 alien demonstrates, to the satisfaction of the 

25 Attorney General or the Secretary of Homeland 


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1 Security, the existence of changed cir2 cumstances that materially affect the appli3 cant’s eligibility for asylum. 

4 ‘‘(D) MOTION TO REOPEN CERTAIN MERI5 TORIOUS CLAIMS.—Notwithstanding subpara6 graph (B) or section 240(c)(7), an alien may 

7 file a motion to reopen an asylum claim during 

8 the 2-year period beginning on the date of the 

9 enactment of the Border Security, Economic 

10 Opportunity, and Immigration Modernization 

11 Act if the alien— 

12 ‘‘(i) was denied asylum based solely 

13 upon a failure to meet the 1-year applica14 tion filing deadline in effect on the date on 

15 which the application was filed; 

16 ‘‘(ii) was granted withholding of re17 moval pursuant to section 241(b)(3) and 

18 has not obtained lawful permanent resi19 dence in the United States pursuant to any 

20 other provision of law; 

21 ‘‘(iii) is not subject to the safe third 

22 country exception under subparagraph (A) 

23 or a bar to asylum under subsection (b)(2) 

24 and should not be denied asylum as a mat25 ter of discretion; and 


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1 ‘‘(iv) is physically present in the 

2 United States when the motion is filed.’’. 

3 SEC. 3402. REFUGEE FAMILY PROTECTIONS. 

4 (a) CHILDREN OF REFUGEE OR ASYLEE SPOUSES

5 AND CHILDREN.—A child of an alien who qualifies for ad6 mission as a spouse or child under section 207(c)(2)(A) 

7 or 208(b)(3) of the Immigration and Nationality Act (8 

8 U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to 

9 the same status as such alien if the child— 

10 (1) is accompanying or following to join such 

11 alien; and 

12 (2) is otherwise eligible under section 

13 207(c)(2)(A) or 208(b)(3) of the Immigration and 

14 Nationality Act. 

15 SEC. 3403. CLARIFICATION ON DESIGNATION OF CERTAIN 

16 REFUGEES. 

17 (a) TERMINATION OF CERTAIN PREFERENTIAL

18 TREATMENT IN IMMIGRATION OF AMERASIANS.—Section 

19 584 of the Foreign Operations, Export Financing, and Re20 lated Programs Appropriations Act, 1988 (8 U.S.C. 1101 

21 note) is amended by adding at the end the following: 

22 ‘‘(f) No visa may be issued under this section if the 

23 petition or application for such visa is submitted on or 

24 after the date of the enactment of the Border Security, 


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1 Economic Opportunity, and Immigration Modernization 

2 Act.’’. 

3 (b) REFUGEE DESIGNATION.—Section 207(c)(1) (8 

4 U.S.C. 1157(c)(1)) is amended— 

5 (1) by inserting ‘‘(A)’’ before ‘‘Subject to the 

6 numerical limitations’’; and 

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

8 ‘‘(B)(i) The President, upon a recommendation of the 

9 Secretary of State made in consultation with the Secretary 

10 of Homeland Security, and after appropriate consultation, 

11 may designate specifically defined groups of aliens— 

12 ‘‘(I) whose resettlement in the United States is 

13 justified by humanitarian concerns or is otherwise in 

14 the national interest; and 

15 ‘‘(II) who— 

16 ‘‘(aa) share common characteristics that 

17 identify them as targets of persecution on ac18 count of race, religion, nationality, membership 

19 in a particular social group, or political opinion; 

20 or 

21 ‘‘(bb) having been identified as targets as 

22 described in item (aa), share a common need 

23 for resettlement due to a specific vulnerability. 

24 ‘‘(ii) An alien who establishes membership in a group 

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1 retary of Homeland Security shall be considered a refugee 

2 for purposes of admission as a refugee under this section 

3 unless the Secretary determines that such alien ordered, 

4 incited, assisted, or otherwise participated in the persecu5 tion of any person on account of race, religion, nationality, 

6 membership in a particular social group, or political opin7 ion. 

8 ‘‘(iii) A designation under clause (i) is for purposes 

9 of adjudicatory efficiency and may be revoked by the 

10 President at any time after notification to Congress. 

11 ‘‘(iv) Categories of aliens established under section 

12 599D of the Foreign Operations, Export Financing, and 

13 Related Programs Appropriations Act, 1990 (Public Law 

14 101–167; 8 U.S.C. 1157 note)— 

15 ‘‘(I) shall be designated under clause (i) until 

16 the end of the first fiscal year commencing after the 

17 date of the enactment of the Border Security, Eco18 nomic Opportunity, and Immigration Modernization 

19 Act; and 

20 ‘‘(II) shall be eligible for designation thereafter 

21 at the discretion of the President, considering, 

22 among other factors, whether a country under con23 sideration has been designated by the Secretary of 

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1 gaging in or tolerating systematic, ongoing, and 

2 egregious violations of religious freedom. 

3 ‘‘(v) A designation under clause (i) shall not influence 

4 decisions to grant, to any alien, asylum under section 208, 

5 protection under section 241(b)(3), or protection under 

6 the Convention Against Torture and Other Cruel, Inhu7 man or Degrading Treatment or Punishment, done at 

8 New York December 10, 1984. 

9 ‘‘(vi) A decision to deny admission under this section 

10 to an alien who establishes to the satisfaction of the Sec11 retary that the alien is a member of a group designated 

12 under clause (i) shall— 

13 ‘‘(I) be in writing; and 

14 ‘‘(II) state, to the maximum extent feasible, the 

15 reason for the denial. 

16 ‘‘(vii) Refugees admitted pursuant to a designation 

17 under clause (i) shall be subject to the number of admis18 sions and be admissible under this section.’’. 

19 SEC. 3404. ASYLUM DETERMINATION EFFICIENCY. 

20 Section 235(b)(1)(B)(ii) (8 U.S.C. 1225(b)(1)(B)(ii)) 

21 is amended by striking ‘‘asylum.’’ and inserting ‘‘asylum 

22 by an asylum officer. The asylum officer, after conducting 

23 a nonadversarial asylum interview and seeking supervisory 

24 review, may grant asylum to the alien under section 208 

25 or refer the case to a designee of the Attorney General, 


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1 for a de novo asylum determination, for relief under the 

2 Convention Against Torture and Other Cruel, Inhuman or 

3 Degrading Treatment or Punishment, done at New York 

4 December 10, 1984, or for protection under section 

5 241(b)(3).’’. 

6 SEC. 3405. STATELESS PERSONS IN THE UNITED STATES. 

7 (a) IN GENERAL.—Chapter 1 of title II (8 U.S.C. 

8 1151 et seq.) is amended by adding at the end the fol9 lowing: 

10 ‘‘SEC. 210A. PROTECTION OF CERTAIN STATELESS PER11 SONS IN THE UNITED STATES. 

12 ‘‘(a) STATELESS PERSONS.— 

13 ‘‘(1) IN GENERAL.—In this section, the term 

14 ‘stateless person’ means an individual who is not 

15 considered a national under the operation of the 

16 laws of any country. 

17 ‘‘(2) DESIGNATION OF SPECIFIC STATELESS

18 GROUPS.—The Secretary of Homeland Security, in 

19 consultation with the Secretary of State, may, in the 

20 discretion of the Secretary, designate specific groups 

21 of individuals who are considered stateless persons, 

22 for purposes of this section. 

23 ‘‘(b) STATUS OF STATELESS PERSONS.— 

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1 retary of Homeland Security or the Attorney Gen2 eral may, in his or her discretion, provide conditional 

3 lawful status to an alien who is otherwise inadmis4 sible or deportable from the United States if the 

5 alien— 

6 ‘‘(A) is a stateless person present in the 

7 United States; 

8 ‘‘(B) applies for such relief; 

9 ‘‘(C) has not lost his or her nationality as 

10 a result of his or her voluntary action or know11 ing inaction after arrival in the United States; 

12 ‘‘(D) except as provided in paragraphs (2) 

13 and (3), is not inadmissible under section 

14 212(a); and 

15 ‘‘(E) is not described in section 

16 241(b)(3)(B)(i). 

17 ‘‘(2) INAPPLICABILITY OF CERTAIN PROVI18 SIONS.—The provisions under paragraphs (4), (5), 

19 (7), and (9)(B) of section 212(a) shall not apply to 

20 any alien seeking relief under paragraph (1). 

21 ‘‘(3) WAIVER.—The Secretary or the Attorney 

22 General may waive any other provisions of such sec23 tion, other than subparagraphs (B), (C), (D)(ii), 

24 (E), (G), (H), or (I) of paragraph (2), paragraph 

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1 sentations relating to the application for relief under 

2 paragraph (1)), or subparagraphs (A), (C), (D), or 

3 (E) of paragraph (10) of section 212(a), with re4 spect to such an alien for humanitarian purposes, to 

5 assure family unity, or if it is otherwise in the public 

6 interest. 

7 ‘‘(4) SUBMISSION OF PASSPORT OR TRAVEL

8 DOCUMENT.—Any alien who seeks relief under this 

9 section shall submit to the Secretary of Homeland 

10 Security or the Attorney General— 

11 ‘‘(A) any available passport or travel docu12 ment issued at any time to the alien (whether 

13 or not the passport or document has expired or 

14 been cancelled, rescinded, or revoked); or 

15 ‘‘(B) an affidavit, sworn under penalty of 

16 perjury— 

17 ‘‘(i) stating that the alien has never 

18 been issued a passport or travel document; 

19 or 

20 ‘‘(ii) identifying with particularity any 

21 such passport or travel document and ex22 plaining why the alien cannot submit it. 

23 ‘‘(5) WORK AUTHORIZATION.—The Secretary of 

24 Homeland Security may authorize an alien who has 

25 applied for and is found prima facie eligible for or 


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1 been granted relief under paragraph (1) to engage 

2 in employment in the United States. 

3 ‘‘(6) TRAVEL DOCUMENTS.—The Secretary may 

4 issue appropriate travel documents to an alien who 

5 has been granted relief under paragraph (1) that 

6 would allow him or her to travel abroad and be ad7 mitted to the United States upon return, if other8 wise admissible. 

9 ‘‘(7) TREATMENT OF SPOUSE AND CHIL10 DREN.—The spouse or child of an alien who has 

11 been granted conditional lawful status under para12 graph (1) shall, if not otherwise eligible for admis13 sion under paragraph (1), be granted conditional 

14 lawful status under this section if accompanying, or 

15 following to join, such alien if— 

16 ‘‘(A) the spouse or child is admissible (ex17 cept as otherwise provided in paragraphs (2) 

18 and (3)) and is not described in section 

19 241(b)(3)(B)(i); and 

20 ‘‘(B) the qualifying relationship to the 

21 principal beneficiary existed on the date on 

22 which such alien was granted conditional lawful 

23 status. 

24 ‘‘(c) ADJUSTMENT OF STATUS.— 


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1 ‘‘(1) INSPECTION AND EXAMINATION.—At the 

2 end of the 1-year period beginning on the date on 

3 which an alien has been granted conditional lawful 

4 status under subsection (b), the alien may apply for 

5 lawful permanent residence in the United States if— 

6 ‘‘(A) the alien has been physically present 

7 in the United States for at least 1 year; 

8 ‘‘(B) the alien’s conditional lawful status 

9 has not been terminated by the Secretary of 

10 Homeland Security or the Attorney General, 

11 pursuant to such regulations as the Secretary 

12 or the Attorney General may prescribe; and 

13 ‘‘(C) the alien has not otherwise acquired 

14 permanent resident status. 

15 ‘‘(2) REQUIREMENTS FOR ADJUSTMENT OF

16 STATUS.—The Secretary of Homeland Security or 

17 the Attorney General, under such regulations as the 

18 Secretary or the Attorney General may prescribe, 

19 may adjust the status of an alien granted condi20 tional lawful status under subsection (b) to that of 

21 an alien lawfully admitted for permanent residence 

22 if such alien— 

23 ‘‘(A) is a stateless person; 

24 ‘‘(B) properly applies for such adjustment 

25 of status; 


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1 ‘‘(C) has been physically present in the 

2 United States for at least 1 year after being 

3 granted conditional lawful status under sub4 section (b); 

5 ‘‘(D) is not firmly resettled in any foreign 

6 country; and 

7 ‘‘(E) is admissible (except as otherwise 

8 provided under paragraph (2) or (3) of sub9 section (b)) as an immigrant under this chapter 

10 at the time of examination of such alien for ad11 justment of status. 

12 ‘‘(3) RECORD.—Upon approval of an applica13 tion under this subsection, the Secretary of Home14 land Security shall establish a record of the alien’s 

15 admission for lawful permanent residence as of the 

16 date that is 1 year before the date of such approval. 

17 ‘‘(4) NUMERICAL LIMITATION.—The number of 

18 aliens who may receive an adjustment of status 

19 under this section for a fiscal year shall be subject 

20 to the numerical limitation of section 203(b)(4). 

21 ‘‘(d) PROVING THE CLAIM.—In determining an 

22 alien’s eligibility for lawful conditional status or adjust23 ment of status under this subsection, the Secretary of 

24 Homeland Security or the Attorney General shall consider 

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1 termination of what evidence is credible and the weight 

2 to be given that evidence shall be within the sole discretion 

3 of the Secretary or the Attorney General. 

4 ‘‘(e) REVIEW.— 

5 ‘‘(1) ADMINISTRATIVE REVIEW.—No appeal 

6 shall lie from the denial of an application by the 

7 Secretary, but such denial will be without prejudice 

8 to the alien’s right to renew the application in pro9 ceedings under section 240. 

10 ‘‘(2) MOTIONS TO REOPEN.—Notwithstanding 

11 any limitation imposed by law on motions to reopen 

12 removal, deportation, or exclusion proceedings, any 

13 individual who is eligible for relief under this section 

14 may file a motion to reopen proceedings in order to 

15 apply for relief under this section. Any such motion 

16 shall be filed within 2 years of the date of the enact17 ment of the Border Security, Economic Opportunity, 

18 and Immigration Modernization Act. 

19 ‘‘(f) LIMITATION.— 

20 ‘‘(1) APPLICABILITY.—The provisions of this 

21 section shall only apply to aliens present in the 

22 United States. 

23 ‘‘(2) SAVINGS PROVISION.—Nothing in this sec24 tion may be construed to authorize or require— 


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1 ‘‘(A) the admission of any alien to the 

2 United States; 

3 ‘‘(B) the parole of any alien into the 

4 United States; or 

5 ‘‘(C) the grant of any motion to reopen or 

6 reconsider filed by an alien after departure or 

7 removal from the United States.’’. 

8 (b) JUDICIAL REVIEW.—Section 242(a)(2)(B)(ii) (8 

9 U.S.C. 1252(a)(2)(B)(ii)) is amended by striking 

10 ‘‘208(a).’’ and inserting ‘‘208(a) or 210A.’’. 

11 (c) CONFORMING AMENDMENT.—Section 203(b)(4) 

12 (8 U.S.C. 1153(b)(4)) is amended by inserting ‘‘to aliens 

13 granted an adjustment of status under section 210A(c) 

14 or’’ after ‘‘level,’’. 

15 (d) CLERICAL AMENDMENT.—The table of contents 

16 for the Immigration and Nationality Act is amended by 

17 inserting after the item relating to section 210 the fol18 lowing: 

‘‘Sec. 210A. Protection of stateless persons in the United States.’’. 

19 SEC. 3406. U VISA ACCESSIBILITY. 

20 Section 214(p)(2)(A) (8 U.S.C. 1184(p)(2)(A)) is 

21 amended by striking ‘‘10,000.’’ and inserting ‘‘18,000, of 

22 which not more than 3,000 visas may be issued for aliens 

23 who are victims of a covered violation described in section 

24 101(a)(15)(U).’’. 


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1 SEC. 3407. WORK AUTHORIZATION WHILE APPLICATIONS 

2 FOR U AND T VISAS ARE PENDING. 

3 (a) U VISAS.—Section 214(p) (8 U.S.C. 1184(p)), as 

4 amended by section 3406 of this Act, is further amend5 ed— 

6 (1) in paragraph (6), by striking the last sen7 tence; and 

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

9 ‘‘(7) WORK AUTHORIZATION.—Notwithstanding 

10 any provision of this Act granting eligibility for em11 ployment in the United States, the Secretary of 

12 Homeland Security shall grant employment author13 ization to an alien who has filed an application for 

14 nonimmigrant status under section 101(a)(15)(U) 

15 on the date that is the earlier of— 

16 ‘‘(A) the date on which the alien’s applica17 tion for such status is approved; or 

18 ‘‘(B) a date determined by the Secretary 

19 that is not later than 180 days after the date 

20 on which the alien filed the application.’’. 

21 (b) T VISAS.—Section 214(o) (8 U.S.C. 1184(o)) is 

22 amended by adding at the end the following: 

23 ‘‘(8) Notwithstanding any provision of this Act 

24 granting eligibility for employment in the United 

25 States, the Secretary of Homeland Security shall 

26 grant employment authorization to an alien who has 


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1 filed an application for nonimmigrant status under 

2 section 101(a)(15)(T) on the date that is the earlier 

3 of— 

4 ‘‘(A) the date on which the alien’s applica5 tion for such status is approved; or 

6 ‘‘(B) a date determined by the Secretary 

7 that is not later than 180 days after the date 

8 on which the alien filed the application.’’. 

9 SEC. 3408. REPRESENTATION AT OVERSEAS REFUGEE 

10 INTERVIEWS. 

11 Section 207(c) (8 U.S.C. 1157(c)) is amended by 

12 adding at the end the following: 

13 ‘‘(5) The adjudicator of an application for ref14 ugee status under this section shall consider all rel15 evant evidence and maintain a record of the evidence 

16 considered. 

17 ‘‘(6) An applicant for refugee status may be 

18 represented, including at a refugee interview, at no 

19 expense to the Government, by an attorney or ac20 credited representative who— 

21 ‘‘(A) was chosen by the applicant; and 

22 ‘‘(B) is authorized by the Secretary of 

23 Homeland Security to be recognized as the rep24 resentative of such applicant in an adjudication 

25 under this section. 


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1 ‘‘(7)(A) A decision to deny an application for 

2 refugee status under this section— 

3 ‘‘(i) shall be in writing; and 

4 ‘‘(ii) shall provide, to the maximum extent 

5 feasible, information on the reason for the de6 nial, including— 

7 ‘‘(I) the facts underlying the deter8 mination; and 

9 ‘‘(II) whether there is a waiver of in10 admissibility available to the applicant. 

11 ‘‘(B) The basis of any negative credibility find12 ing shall be part of the written decision. 

13 ‘‘(8)(A) An applicant who is denied refugee sta14 tus under this section may file a request with the 

15 Secretary for a review of his or her application not 

16 later than 120 days after such denial. 

17 ‘‘(B) A request filed under subparagraph (A) 

18 shall be adjudicated by refugee officers who have re19 ceived training on considering requests for review of 

20 refugee applications that have been denied. 

21 ‘‘(C) The Secretary shall publish the standard 

22 applied to a request for review. 

23 ‘‘(D) A request for review may result in the de24 cision being granted, denied, or reopened for a fur25 ther interview. 


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1 ‘‘(E) A decision on a request for review under 

2 this paragraph— 

3 ‘‘(i) shall be in writing; and 

4 ‘‘(ii) shall provide, to the maximum extent 

5 feasible, information on the reason for the de6 nial.’’. 

7 SEC. 3409. LAW ENFORCEMENT AND NATIONAL SECURITY 

8 CHECKS. 

9 (a) REFUGEES.—Section 207(c)(1) (8 U.S.C. 

10 1157(c)(1)) is amended by adding at the end the fol11 lowing: ‘‘No alien shall be admitted as a refugee until the 

12 identity of the applicant, including biographic and biomet13 ric data, has been checked against all appropriate records 

14 or databases maintained by the Secretary of Homeland 

15 Security, the Attorney General, the Secretary of State, 

16 and other Federal records or databases that the Secretary 

17 of Homeland Security considers necessary, to determine 

18 any national security, law enforcement, or other grounds 

19 on which the alien may be inadmissible to the United 

20 States or ineligible to apply for or be granted refugee sta21 tus.’’. 

22 (b) ASYLEES.—Section 208(d)(5)(A)(i) (8 U.S.C. 

23 1158(d)(5)(A)(i)) is amended to read as follows: 

24 ‘‘(i) asylum shall not be granted until 

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1 graphic and biometric data, has been 

2 checked against all appropriate records or 

3 databases maintained by the Secretary of 

4 Homeland Security, the Attorney General, 

5 the Secretary of State, and other Federal 

6 records or databases that the Secretary of 

7 Homeland Security considers necessary, to 

8 determine any national security, law en9 forcement, or other grounds on which the 

10 alien may be inadmissible to the United 

11 States or ineligible to apply for or be 

12 granted asylum;’’. 

13 SEC. 3410. TIBETAN REFUGEE ASSISTANCE. 

14 (a) SHORT TITLE.—This section may be cited as the 

15 ‘‘Tibetan Refugee Assistance Act of 2013’’. 

16 (b) TRANSITION FOR DISPLACED TIBETANS.—Not17 withstanding the numerical limitations specified in sec18 tions 201 and 202 of the Immigration and Nationality Act 

19 (8 U.S.C. 1151 and 1152), 5,000 immigrant visas shall 

20 be made available to qualified displaced Tibetans described 

21 in subsection (c) during the 3-year period beginning on 

22 October 1, 2013. 

23 (c) QUALIFIED DISPLACED TIBETAN DESCRIBED.— 

24 (1) IN GENERAL.—An individual is a qualified 

25 displaced Tibetan if such individual— 


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1 (A) is a native of Tibet; and 

2 (B) has been continuously residing in India 

3 or Nepal since before the date of the enactment 

4 of this Act. 

5 (2) NATIVE OF TIBET DESCRIBED.—For pur6 poses of paragraph (1)(A), an individual shall be 

7 considered a native of Tibet if such individual— 

8 (A) was born in Tibet; or 

9 (B) is the son, daughter, grandson, or 

10 granddaughter of an individual who was born in 

11 Tibet. 

12 (d) DERIVATIVE STATUS FOR SPOUSES AND CHIL13 DREN.—A spouse or child (as defined in subparagraphs 

14 (A), (B), (C), (D), or (E) of section 101(b)(1) of the Im15 migration and Nationality Act (8 U.S.C. 1101(b)(1))) 

16 shall, if not otherwise entitled to an immigrant status and 

17 the immediate issuance of a visa under this section, be 

18 entitled to the same status, and the same order of consid19 eration, provided under this section, if accompanying, or 

20 following to join, the spouse or parent of such spouse or 

21 child. 

22 (e) DISTRIBUTION OF VISA NUMBERS.—The Sec23 retary of State shall ensure that immigrant visas provided 

24 under subsection (b) are made available to qualified dis25 placed Tibetans described in subsection (c) or (d) in an 


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1 equitable manner, giving preference to those qualified dis2 placed Tibetans who— 

3 (1) are not resettled in India or Nepal; or 

4 (2) are most likely to be resettled successfully 

5 in the United States. 

6 SEC. 3411. TERMINATION OF ASYLUM OR REFUGEE STATUS. 

7 (a) TERMINATION OF STATUS.—Except as provided 

8 in subsections (b) and (c), any alien who is granted asylum 

9 or refugee status under this Act or the Immigration and 

10 Nationality Act (8 U.S.C. 1101 et seq.), who, without good 

11 cause as determined by the Secretary or the Attorney Gen12 eral, subsequently returns to the country of such alien’s 

13 nationality or, in the case of an alien having no nation14 ality, returns to any country in which such alien last habit15 ually resided, and who applied for such status because of 

16 persecution or a well-founded fear of persecution in that 

17 country on account of race, religion, nationality, member18 ship in a particular social group, or political opinion, shall 

19 have his or her refugee or asylum status terminated. 

20 (b) WAIVER.—The Secretary has discretion to waive 

21 subsection (a) if it is established to the satisfaction of the 

22 Secretary or the Attorney General that the alien had good 

23 cause for the return. The waiver may be sought prior to 

24 departure from the United States or upon return. 


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1 (c) EXCEPTION FOR CERTAIN ALIENS FROM

2 CUBA.—Subsection (a) shall not apply to an alien who is 

3 eligible for adjustment to that of an alien lawfully admit4 ted for permanent residence pursuant to the Cuban Ad5 justment Act of 1966 (Public Law 89–732). 

6 SEC. 3412. ASYLUM CLOCK. 

7 Section 208(d)(2) (8 U.S.C. 1158(d)(2)) is amended 

8 by striking ‘‘is not entitled to employment authorization’’ 

9 and all that follows through ‘‘prior to 180 days after’’ and 

10 inserting ‘‘shall be provided employment authorization 

11 180 days after’’. 

12 Subtitle E—Shortage of Immigra13 tion Court Resources for Re14 moval Proceedings 

15 SEC. 3501. SHORTAGE OF IMMIGRATION COURT PER16 SONNEL FOR REMOVAL PROCEEDINGS. 

17 (a) IMMIGRATION COURT JUDGES.—The Attorney 

18 General shall increase the total number of immigration 

19 judges to adjudicate current pending cases and efficiently 

20 process future cases by at least— 

21 (1) 75 in fiscal year 2014; 

22 (2) 75 in fiscal year 2015; and 

23 (3) 75 in fiscal year 2016. 

24 (b) NECESSARY SUPPORT STAFF FOR IMMIGRATION

25 COURT JUDGES.—The Attorney General shall address the 


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1 shortage of support staff for immigration judges by ensur2 ing that each immigration judge has the assistance of the 

3 necessary support staff, including the equivalent of 1 staff 

4 attorney or law clerk and 1 legal assistant. 

5 (c) ANNUAL INCREASES IN BOARD OF IMMIGRATION

6 APPEALS PERSONNEL.—The Attorney General shall in7 crease the number of Board of Immigration Appeals staff 

8 attorneys (including the necessary additional support 

9 staff) to efficiently process cases by at least— 

10 (1) 30 in fiscal year 2014; 

11 (2) 30 in fiscal year 2015; and 

12 (3) 30 in fiscal year 2016. 

13 (d) FUNDING.—There shall be appropriated, from 

14 the Comprehensive Immigration Reform Trust Fund es15 tablished under section 6(a)(1), such sums as may be nec16 essary to carry out this section. 

17 SEC. 3502. IMPROVING IMMIGRATION COURT EFFICIENCY 

18 AND REDUCING COSTS BY INCREASING AC19 CESS TO LEGAL INFORMATION. 

20 (a) CLARIFICATION REGARDING THE AUTHORITY OF

21 THE ATTORNEY GENERAL TO APPOINT COUNSEL TO

22 ALIENS IN IMMIGRATION PROCEEDINGS.—Section 292 (8 

23 U.S.C. 1362) is amended— 

24 (1) by inserting ‘‘(a)’’ before ‘‘In any’’; 


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1 (2) by striking ‘‘(at no expense to the Govern2 ment)’’; 

3 (3) by striking ‘‘he shall’’ and inserting ‘‘the 

4 person shall’’; and 

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

6 ‘‘(b) The Government is not required to provide coun7 sel to aliens under subsection (a). However, the Attorney 

8 General may, in the Attorney General’s sole and 

9 unreviewable discretion, appoint or provide counsel to 

10 aliens in immigration proceedings conducted under section 

11 240 of this Act.’’. 

12 (b) APPOINTMENT OF COUNSEL IN CERTAIN CASES; 

13 RIGHT TO REVIEW CERTAIN DOCUMENTS IN REMOVAL

14 PROCEEDINGS.—Section 240(b) (8 U.S.C. 1229a(b)) is 

15 amended— 

16 (1) in paragraph (4)— 

17 (A) by redesignating subparagraphs (B) 

18 and (C) as subparagraphs (C) and (D), respec19 tively; 

20 (B) in subparagraph (A), by striking ‘‘, at 

21 no expense to the Government,’’; 

22 (C) by inserting after subparagraph (A) 

23 the following new subparagraph: 

24 ‘‘(B) the alien shall, at the beginning of 

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1 after, automatically receive a complete copy of 

2 all relevant documents in the possession of the 

3 Department of Homeland Security, including all 

4 documents (other than documents protected 

5 from disclosure by privilege, including national 

6 security information referenced in subparagraph 

7 (C), law enforcement sensitive information, and 

8 information prohibited from disclosure pursuant 

9 to any other provision of law) contained in the 

10 file maintained by the Government that in11 cludes information with respect to all trans12 actions involving the alien during the immigra13 tion process (commonly referred to as an ‘A14 file’), and all documents pertaining to the alien 

15 that the Department of Homeland Security has 

16 obtained or received from other government 

17 agencies, unless the alien waives the right to re18 ceive such documents by executing a knowing 

19 and voluntary waiver in a language that he or 

20 she understands fluently,’’; and 

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

22 ‘‘The Government is not required to provide counsel 

23 to aliens under this paragraph. However, the Attor24 ney General may, in the Attorney General’s sole and 

25 unreviewable discretion, appoint or provide counsel 


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1 at government expense to aliens in immigration pro2 ceedings.’’; and 

3 (2) by adding at the end the following new 

4 paragraph: 

5 ‘‘(8) FAILURE TO PROVIDE ALIEN REQUIRED

6 DOCUMENTS.—In the absence of a waiver under sub7 paragraph (B) of paragraph (4), a removal pro8 ceeding may not proceed until the alien has received 

9 the documents as required under such subpara10 graph.’’. 

11 (c) APPOINTMENT OF COUNSEL FOR UNACCOM12 PANIED ALIEN CHILDREN AND ALIENS WITH A SERIOUS

13 MENTAL DISABILITY.—Section 292 (8 U.S.C. 1362), as 

14 amended by subsection (a), is further amended by adding 

15 at the end the following: 

16 ‘‘(c) Notwithstanding subsection (b), the Attorney 

17 General shall appoint counsel, at the expense of the Gov18 ernment if necessary, to represent an alien in a removal 

19 proceeding who has been determined by the Secretary to 

20 be an unaccompanied alien child, is incompetent to rep21 resent himself or herself due to a serious mental disability 

22 that would be included in section 3(1) of the Americans 

23 with Disabilities Act of 1990 (42 U.S.C. 12102(1)), or is 

24 considered particularly vulnerable when compared to other 

25 aliens in removal proceedings, such that the appointment 


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1 of counsel is necessary to help ensure fair resolution and 

2 efficient adjudication of the proceedings.’’. 

3 (d) FUNDING.—There shall be appropriated, from 

4 the Comprehensive Immigration Reform Trust Fund es5 tablished under section 6(a)(1), such sums as may be nec6 essary to carry out this section and the amendments made 

7 by this section. 

8 SEC. 3503. OFFICE OF LEGAL ACCESS PROGRAMS. 

9 (a) ESTABLISHMENT OF OFFICE OF LEGAL ACCESS

10 PROGRAMS.—The Attorney General shall maintain, within 

11 the Executive Office for Immigration Review, an Office 

12 of Legal Access Programs to develop and administer a sys13 tem of legal orientation programs to make immigration 

14 proceedings more efficient and cost effective by educating 

15 aliens regarding administrative procedures and legal 

16 rights under United States immigration law and to estab17 lish other programs to assist in providing aliens access to 

18 legal information. 

19 (b) LEGAL ORIENTATION PROGRAMS.—The legal ori20 entation programs— 

21 (1) shall provide programs to assist detained 

22 aliens in making informed and timely decisions re23 garding their removal and eligibility for relief from 

24 removal in order to increase efficiency and reduce 

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1 tody processes and to improve access to counsel and 

2 other legal services; 

3 (2) may provide services to detained aliens in 

4 immigration proceedings under sections 235, 238, 

5 240, and 241(a)(5) of the Immigration and Nation6 ality Act (8 U.S.C. 1225, 1228, 1229a, and 

7 1231(a)(5)) and to other aliens in immigration and 

8 asylum proceedings under sections 235, 238, and 

9 240 of the Immigration and Nationality Act (8 

10 U.S.C. 1225, 1228, and 1229a); and 

11 (3) shall identify unaccompanied alien children, 

12 aliens with a serious mental disability, and other 

13 particularly vulnerable aliens for consideration by 

14 the Attorney General pursuant to section 292(c) of 

15 the Immigration and Nationality Act, as added by 

16 section 3502(c). 

17 (c) PROCEDURES.—The Secretary, in consultation 

18 with the Attorney General, shall establish procedures that 

19 ensure that legal orientation programs are available for 

20 all detained aliens within 5 days of arrival into custody 

21 and to inform such aliens of the basic procedures of immi22 gration hearings, their rights relating to those hearings 

23 under the immigration laws, information that may deter 

24 such aliens from filing frivolous legal claims, and any 

25 other information deemed appropriate by the Attorney 


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1 General, such as a contact list of potential legal resources 

2 and providers. 

3 (d) RULE OF CONSTRUCTION.—Nothing in this sub4 section shall be construed to create any substantive or pro5 cedural right or benefit that is legally enforceable by any 

6 party against the United States or its agencies or officers 

7 or any other person. 

8 (e) FUNDING.—There shall be appropriated, from the 

9 Comprehensive Immigration Reform Trust Fund estab10 lished under section 6(a)(1), such sums as may be nec11 essary to carry out this section. 

12 SEC. 3504. CODIFYING BOARD OF IMMIGRATION APPEALS. 

13 (a) DEFINITION OF BOARD MEMBER.—Section 

14 101(a) (8 U.S.C. 1101(a)) is amended by adding at the 

15 end the following: 

16 ‘‘(53) The term ‘Board Member’ means an at17 torney whom the Attorney General appoints to serve 

18 on the Board of Immigration Appeals within the Ex19 ecutive Office of Immigration Review, and is quali20 fied to review decisions of immigration judges and 

21 other matters within the jurisdiction of the Board of 

22 Immigration Appeals.’’. 

23 (b) BOARD OF IMMIGRATION APPEALS.—Section 

24 240(a)(1) (8 U.S.C. 1229a(a)(1)) is amended by adding 

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1 peals and its Board Members shall review decisions of im2 migration judges under this section.’’. 

3 (c) APPEALS.—Section 240(b)(4) (8 U.S.C. 

4 1229a(b)(4)), as amended by section 3502(b), is further 

5 amended— 

6 (1) in subparagraph (B), by striking ‘‘, and’’ 

7 and inserting a semicolon; 

8 (2) in subparagraph (C), by striking the period 

9 and inserting ‘‘; and’’; and 

10 (3) by inserting after subparagraph (C) the fol11 lowing: 

12 ‘‘(D) the alien or the Department of 

13 Homeland Security may appeal the immigration 

14 judge’s decision to a 3-judge panel of the Board 

15 of Immigration Appeals.’’. 

16 (d) DECISION AND BURDEN OF PROOF.—Section 

17 240(c)(1)(A) (8 U.S.C. 1229a(c)(1)(A)) is amended to 

18 read as follows: 

19 ‘‘(A) IN GENERAL.—At the conclusion of 

20 the proceeding, the immigration judge shall de21 cide whether an alien is removable from the 

22 United States. The determination of the immi23 gration judge shall be based only on the evi24 dence produced at the hearing. On appeal, the 

25 Board of Immigration Appeals shall issue a 


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1 written opinion. The opinion shall address all 

2 dispositive arguments raised by the parties. The 

3 panel may incorporate by reference the opinion 

4 of the immigration judge whose decision is 

5 being reviewed, provided that the panel also ad6 dresses any arguments made by the nonpre7 vailing party regarding purported errors of law, 

8 fact, or discretion.’’. 

9 SEC. 3505. IMPROVED TRAINING FOR IMMIGRATION 

10 JUDGES AND BOARD MEMBERS. 

11 (a) IN GENERAL.—Section 240 (8 U.S.C. 1229a) is 

12 amended by adding at the end the following: 

13 ‘‘(f) IMPROVED TRAINING.— 

14 ‘‘(1) IMPROVED TRAINING FOR IMMIGRATION

15 JUDGES AND BOARD MEMBERS.— 

16 ‘‘(A) IN GENERAL.—In consultation with 

17 the Attorney General and the Director of the 

18 Federal Judicial Center, the Director of the Ex19 ecutive Office for Immigration Review shall re20 view and modify, as appropriate, training pro21 grams for immigration judges and Board Mem22 bers. 

23 ‘‘(B) ELEMENTS OF REVIEW.—Each such 

24 review shall study— 


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1 ‘‘(i) the expansion of the training pro2 gram for new immigration judges and 

3 Board Members; 

4 ‘‘(ii) continuing education regarding 

5 current developments in the field of immi6 gration law; and 

7 ‘‘(iii) methods to ensure that immigra8 tion judges are trained on properly crafting 

9 and dictating decisions. 

10 ‘‘(2) IMPROVED TRAINING AND GUIDANCE FOR

11 STAFF.—The Director of the Executive Office for 

12 Immigration Review shall— 

13 ‘‘(A) modify guidance and training regard14 ing screening standards and standards of re15 view; and 

16 ‘‘(B) ensure that Board Members provide 

17 staff attorneys with appropriate guidance in 

18 drafting decisions in individual cases, consistent 

19 with the policies and directives of the Director 

20 of the Executive Office for Immigration Review 

21 and the Chairman of the Board of Immigration 

22 Appeals.’’. 

23 (b) FUNDING.—There shall be appropriated, from the 

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1 essary to carry out this section and the amendment made 

2 by this section. 

3 SEC. 3506. IMPROVED RESOURCES AND TECHNOLOGY FOR 

4 IMMIGRATION COURTS AND BOARD OF IMMI5 GRATION APPEALS. 

6 (a) IMPROVED ON-BENCH REFERENCE MATERIALS

7 AND DECISION TEMPLATES.—The Director of the Execu8 tive Office for Immigration Review shall ensure that immi9 gration judges are provided with updated reference mate10 rials and standard decision templates that conform to the 

11 law of the circuits in which they sit. 

12 (b) PRACTICE MANUAL.—The Director of the Execu13 tive Office for Immigration Review shall produce a prac14 tice manual describing best practices for the immigration 

15 courts and shall make such manual available electronically 

16 to counsel and litigants who appear before the immigra17 tion courts. 

18 (c) RECORDING SYSTEM AND OTHER TECH19 NOLOGIES.— 

20 (1) PLAN REQUIRED.—The Director of the Ex21 ecutive Office for Immigration Review shall provide 

22 the Attorney General with a plan and a schedule to 

23 replace the immigration courts’ tape recording sys24 tem with a digital recording system that is compatVerDate Mar 15 2010 19:31 Jul 09, 2013 Jkt 029200 PO 00000 Frm 00719 Fmt 6652 Sfmt 6201 E:\BILLS\S744.PAP S744

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1 ible with the information management systems of 

2 the Executive Office for Immigration Review. 

3 (2) AUDIO RECORDING SYSTEM.—Consistent 

4 with the plan described in paragraph (1), the Direc5 tor shall pilot a digital audio recording system not 

6 later than 1 year after the enactment of this Act, 

7 and shall begin nationwide implementation of that 

8 system as soon as practicable. 

9 (d) IMPROVED TRANSCRIPTION SERVICES.—Not 

10 later than 1 year after the enactment of this Act, the Di11 rector of the Executive Office for Immigration Review 

12 shall report to the Attorney General on the current tran13 scription services utilized by the Office and recommend 

14 improvements to this system regarding quality and timeli15 ness of transcription. 

16 (e) IMPROVED INTERPRETER SELECTION.—Not later 

17 than 1 year after the enactment of this Act, the Director 

18 of the Executive Office for Immigration Review shall re19 port to the Attorney General on the current interpreter 

20 selection process utilized by the Office and recommend im21 provements to this process regarding screening, hiring, 

22 certification, and evaluation of staff and contract inter23 preters. 

24 (f) FUNDING.—There shall be appropriated, from the 

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1 lished under section 6(a)(1), such sums as may be nec2 essary to carry out this section. 

3 SEC. 3507. TRANSFER OF RESPONSIBILITY FOR TRAF4 FICKING PROTECTIONS. 

5 (a) TRANSFER OF RESPONSIBILITY.— 

6 (1) IN GENERAL.—All unexpended balances ap7 propriated or otherwise available to the Department 

8 of Health and Human Services and its Office of Ref9 ugee Resettlement in connection with the functions 

10 provided for in paragraphs (5) and (6) of section 

11 235(c) of the William Wilberforce Trafficking Vic12 tims Protection Reauthorization Act of 2008 (8 

13 U.S.C. 1232(c)), shall, subject to section 202 of the 

14 Budget and Accounting Procedures Act of 1950, be 

15 transferred to the Department of Justice. Funds 

16 transferred pursuant to this paragraph shall remain 

17 available until expended and shall be used only for 

18 the purposes for which the funds were originally au19 thorized and appropriated. 

20 (2) CONTRACT AUTHORITY.—The Attorney 

21 General may award grants to, and enter into con22 tracts to carry out the functions set forth in para23 graphs (5) and (6) of Section 235(c) of the William 

24 Wilberforce Trafficking Victims Protection Reau25 thorization Act of 2008. 


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1 (b) CONFORMING AMENDMENTS.—Section 235(c) of 

2 the William Wilberforce Trafficking Victims Protection 

3 Reauthorization Act of 2008 (8 U.S.C. 1232(c)) is amend4 ed— 

5 (1) in paragraph (5)— 

6 (A) by striking ‘‘Secretary of Health and 

7 Human Services’’ each place it appears and in8 serting ‘‘Attorney General’’; and 

9 (B) by striking the last sentence; and 

10 (2) in paragraph (6)— 

11 (A) by striking ‘‘Secretary of Health and 

12 Human Services’’ each place it appears and in13 serting ‘‘Attorney General’’; 

14 (B) in subparagraphs (B)(ii), (D), and 

15 (F), by striking ‘‘Secretary’’ each place it ap16 pears and inserting ‘‘Attorney General’’; and 

17 (C) in subparagraph (F), by striking ‘‘and 

18 Human Services’’. 

19 Subtitle F—Prevention of Traf20 ficking in Persons and Abuses 

21 Involving Workers Recruited 

22 Abroad 

23 SEC. 3601. DEFINITIONS. 

24 (a) IN GENERAL.—Except as otherwise provided by 

25 this subtitle, the terms used in this subtitle shall have the 


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1 same meanings, respectively, as are given those terms in 

2 section 3 of the Fair Labor Standards Act of 1938 (29 

3 U.S.C. 203). 

4 (b) OTHER DEFINITIONS.— 

5 (1) FOREIGN LABOR CONTRACTOR.—The term 

6 ‘‘foreign labor contractor’’ means any person who 

7 performs foreign labor contracting activity, including 

8 any person who performs foreign labor contracting 

9 activity wholly outside of the United States, except 

10 that the term does not include any entity of the 

11 United States Government. 

12 (2) FOREIGN LABOR CONTRACTING ACTIVITY.— 

13 The term ‘‘foreign labor contracting activity’’ means 

14 recruiting, soliciting, or related activities with re15 spect to an individual who resides outside of the 

16 United States in furtherance of employment in the 

17 United States, including when such activity occurs 

18 wholly outside of the United States. 

19 (3) PERSON.—The term ‘‘person’’ means any 

20 natural person or any corporation, company, firm, 

21 partnership, joint stock company or association or 

22 other organization or entity (whether organized 

23 under law or not), including municipal corporations. 

24 (4) WORKER.—The term ‘‘worker’’ means an 

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1 tracting activity and does not include an exchange 

2 visitor (as defined in section 62.2 of title 22, Code 

3 of Federal Regulations, or any similar successor reg4 ulation). 

5 SEC. 3602. DISCLOSURE. 

6 (a) REQUIREMENT FOR DISCLOSURE.—Any person 

7 who engages in foreign labor contracting activity shall as8 certain and disclose in writing in English and in the pri9 mary language of the worker at the time of the worker’s 

10 recruitment, the following information: 

11 (1) The identity and address of the employer 

12 and the identity and address of the person con13 ducting the recruiting on behalf of the employer, in14 cluding any subcontractor or agent involved in such 

15 recruiting. 

16 (2) All assurances and terms and conditions of 

17 employment, from the prospective employer for 

18 whom the worker is being recruited, including the 

19 work hours, level of compensation to be paid, the 

20 place and period of employment, a description of the 

21 type and nature of employment activities, any 

22 withholdings or deductions from compensation and 

23 any penalties for terminating employment. 

24 (3) A signed copy of the work contract between 

25 the worker and the employer. 


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1 (4) The type of visa under which the foreign 

2 worker is to be employed, the length of time for 

3 which the visa will be valid, the terms and conditions 

4 under which the visa may be renewed, and a clear 

5 statement of any expenses associated with securing 

6 or renewing the visa. 

7 (5) An itemized list of any costs or expenses to 

8 be charged to the worker and any deductions to be 

9 taken from wages, including any costs for housing or 

10 accommodation, transportation to and from the 

11 worksite, meals, health insurance, workers’ com12 pensation, costs of benefits provided, medical exami13 nations, healthcare, tools, or safety equipment costs. 

14 (6) The existence of any labor organizing effort, 

15 strike, lockout, or other labor dispute at the place of 

16 employment. 

17 (7) Whether and the extent to which workers 

18 will be compensated through workers’ compensation, 

19 private insurance, or otherwise for injuries or death, 

20 including work-related injuries and death, during the 

21 period of employment and, if so, the name of the 

22 State workers’ compensation insurance carrier or the 

23 name of the policyholder of the private insurance, 

24 the name and the telephone number of each person 


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1 who must be notified of an injury or death, and the 

2 time period within which such notice must be given. 

3 (8) A statement, in a form specified by the Sec4 retary— 

5 (A) stating that— 

6 (i) no foreign labor contractor, agent, 

7 or employee of a foreign labor contractor, 

8 may lawfully assess any fee (including visa 

9 fees, processing fees, transportation fees, 

10 legal expenses, placement fees, and other 

11 costs) to a worker for any foreign labor 

12 contracting activity; and 

13 (ii) the employer may bear such costs 

14 or fees for the foreign labor contractor, but 

15 that these fees cannot be passed along to 

16 the worker; 

17 (B) explaining that— 

18 (i) no additional significant require19 ments or changes may be made to the 

20 original contract signed by the worker 

21 without at least 24 hours to consider such 

22 changes and the specific consent of the 

23 worker, obtained voluntarily and without 

24 threat of penalty; and 


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1 (ii) any significant changes made to 

2 the original contract that do not comply 

3 with clause (i) shall be a violation of this 

4 subtitle and be subject to the provisions of 

5 section 3610 of this Act; and 

6 (C) describing the protections afforded the 

7 worker by this section and by section 202 of the 

8 William Wilberforce Trafficking Victims Protec9 tion Reauthorization Act of 2008 (8 U.S.C. 

10 1375b) and any applicable visa program, in11 cluding— 

12 (i) relevant information about the pro13 cedure for filing a complaint provided for 

14 in section 3610; and 

15 (ii) the telephone number for the na16 tional human trafficking resource center 

17 hotline number. 

18 (9) Any education or training to be provided or 

19 required, including— 

20 (A) the nature, timing, and cost of such 

21 training; 

22 (B) the person who will pay such costs; 

23 (C) whether the training is a condition of 

24 employment, continued employment, or future 

25 employment; and 


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1 (D) whether the worker will be paid or re2 munerated during the training period, including 

3 the rate of pay. 

4 (b) RELATIONSHIP TO LABOR AND EMPLOYMENT

5 LAWS.—Nothing in the disclosure required by subsection 

6 (a) shall constitute a legal conclusion as to the worker’s 

7 status or rights under the labor and employment laws. 

8 (c) PROHIBITION ON FALSE AND MISLEADING IN9 FORMATION.—No foreign labor contractor or employer 

10 who engages in any foreign labor contracting activity shall 

11 knowingly provide materially false or misleading informa12 tion to any worker concerning any matter required to be 

13 disclosed under subsection (a). The disclosure required by 

14 this section is a document concerning the proper adminis15 tration of a matter within the jurisdiction of a department 

16 or agency of the United States for the purposes of section 

17 1519 of title 18, United States Code. 

18 SEC. 3603. PROHIBITION ON DISCRIMINATION. 

19 (a) IN GENERAL.—It shall be unlawful for an em20 ployer or a foreign labor contractor to fail or refuse to 

21 hire, discharge, intimidate, threaten, restrain, coerce, or 

22 blacklist any individual or otherwise discriminate against 

23 an individual with respect to compensation, terms, condi24 tions, or privileges of employment, because of such individVerDate Mar 15 2010 19:31 Jul 09, 2013 Jkt 029200 PO 00000 Frm 00728 Fmt 6652 Sfmt 6201 E:\BILLS\S744.PAP S744

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1 ual’s race, color, creed, sex, national origin, religion, age, 

2 or disability. 

3 (b) DETERMINATIONS OF DISCRIMINATION.—For the 

4 purposes of determining the existence of unlawful dis5 crimination under subsection (a)— 

6 (1) in the case of a claim of discrimination 

7 based on race, color, creed, sex, national origin, or 

8 religion, the same legal standards shall apply as are 

9 applicable under title VII of the Civil Rights Act of 

10 1964 (42 U.S.C. 2000e et seq.); 

11 (2) in the case of a claim of discrimination 

12 based on unlawful discrimination based on age, the 

13 same legal standards shall apply as are applicable 

14 under the Age Discrimination in Employment Act of 

15 1967 (29 U.S.C. 621 et seq.); and 

16 (3) in the case of a claim of discrimination 

17 based on disability, the same legal standards shall 

18 apply as are applicable under title I of the Ameri19 cans With Disabilities Act of 1990 (42 U.S.C. 

20 12111 et seq.). 

21 SEC. 3604. RECRUITMENT FEES. 

22 No employer, foreign labor contractor, or agent or 

23 employee of a foreign labor contractor, shall assess any 

24 fee (including visa fees, processing fees, transportation 


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1 fees, legal expenses, placement fees, and other costs) to 

2 a worker for any foreign labor contracting activity. 

3 SEC. 3605. REGISTRATION. 

4 (a) REQUIREMENT TO REGISTER.— 

5 (1) IN GENERAL.—Subject to paragraph (2), 

6 prior to engaging in any foreign labor contracting 

7 activity, any person who is a foreign labor contractor 

8 or who, for any money or other valuable consider9 ation paid or promised to be paid, performs a for10 eign labor contracting activity on behalf of a foreign 

11 labor contractor, shall obtain a certificate of reg12 istration from the Secretary of Labor pursuant to 

13 regulations promulgated by the Secretary under sub14 section (c). 

15 (2) EXCEPTION FOR CERTAIN EMPLOYERS.—An 

16 employer, or employee of an employer, who engages 

17 in foreign labor contracting activity solely to find 

18 employees for that employer’s own use, and without 

19 the participation of any other foreign labor con20 tractor, shall not be required to register under this 

21 section. 

22 (b) NOTIFICATION.— 

23 (1) ANNUAL EMPLOYER NOTIFICATION.—Each 

24 employer shall notify the Secretary, not less fre25 quently than once every year, of the identity of any 


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1 foreign labor contractor involved in any foreign labor 

2 contracting activity for, or on behalf of, the em3 ployer, including at a minimum, the name and ad4 dress of the foreign labor contractor, a description of 

5 the services for which the foreign labor contractor is 

6 being used, whether the foreign labor contractor is 

7 to receive any economic compensation for the serv8 ices, and, if so, the identity of the person or entity 

9 who is paying for the services. 

10 (2) ANNUAL FOREIGN LABOR CONTRACTOR NO11 TIFICATION.—Each foreign labor contractor shall 

12 notify the Secretary, not less frequently than once 

13 every year, of the identity of any subcontractee, 

14 agent, or foreign labor contractor employee involved 

15 in any foreign labor contracting activity for, or on 

16 behalf of, the foreign labor contractor. 

17 (3) NONCOMPLIANCE NOTIFICATION.—An em18 ployer shall notify the Secretary of the identity of a 

19 foreign labor contractor whose activities do not com20 ply with this subtitle. 

21 (4) AGREEMENT.—Not later than 7 days after 

22 receiving a request from the Secretary, an employer 

23 shall provide the Secretary with the identity of any 

24 foreign labor contractor with which the employer has 

25 a contract or other agreement. 


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1 (c) REGULATIONS.—Not later than 180 days after 

2 the date of the enactment of this Act, the Secretary shall 

3 promulgate regulations to establish an efficient electronic 

4 process for the timely investigation and approval of an ap5 plication for a certificate of registration of foreign labor 

6 contractors, including— 

7 (1) a declaration, subscribed and sworn to by 

8 the applicant, stating the applicant’s permanent 

9 place of residence, the foreign labor contracting ac10 tivities for which the certificate is requested, and 

11 such other relevant information as the Secretary 

12 may require; 

13 (2) a set of fingerprints of the applicant; 

14 (3) an expeditious means to update registra15 tions and renew certificates; 

16 (4) providing for the consent of any foreign 

17 labor recruiter to the designation by a court of the 

18 Secretary as an agent available to accept service of 

19 summons in any action against the applicant, if the 

20 applicant has left the jurisdiction in which the action 

21 is commenced, otherwise has become unavailable to 

22 accept service, or is subject to personal jurisdiction 

23 in no State; 

24 (5) providing for the consent of any foreign 

25 labor recruiter to jurisdiction in the Department or 


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1 any Federal or State court in the United States for 

2 any action brought by any aggrieved individual or 

3 worker; 

4 (6) providing for cooperation in any investiga5 tion by the Secretary or other appropriate authori6 ties; 

7 (7) providing for consent to the forfeiture of the 

8 bond for failure to cooperate with these provisions; 

9 (8) providing for consent to be liable for viola10 tions of this subtitle by any agents or subcontractees 

11 of any level in relation to the foreign labor con12 tracting activity of the agent or subcontractee to the 

13 same extent as if the foreign labor contractor had 

14 committed the violation; and 

15 (9) providing for consultation with other appro16 priate Federal agencies to determine whether any 

17 reason exists to deny registration to a foreign labor 

18 contractor. 

19 (d) TERM OF REGISTRATION.—Unless suspended or 

20 revoked, a certificate under this section shall be valid for 

21 2 years. 

22 (e) APPLICATION FEE.— 

23 (1) REQUIREMENT FOR FEE.—In addition to 

24 any other fees authorized by law, the Secretary shall 

25 impose a fee, to be deposited in the general fund of 


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1 the Treasury, on a foreign labor contractor that sub2 mits an application for a certificate of registration 

3 under this section. 

4 (2) AMOUNT OF FEE.—The amount of the fee 

5 required by paragraph (1) shall be set at a level that 

6 the Secretary determines sufficient to cover the full 

7 costs of carrying out foreign labor contract registra8 tion activities under this subtitle, including worker 

9 education and any additional costs associated with 

10 the administration of the fees collected. 

11 (f) REFUSAL TO ISSUE; REVOCATION.—In accord12 ance with regulations promulgated by the Secretary, the 

13 Secretary shall refuse to issue or renew, or shall revoke 

14 and debar from eligibility to obtain a certificate of reg15 istration for a period of not greater than 5 years, after 

16 notice and an opportunity for a hearing, a certificate of 

17 registration under this section if— 

18 (1) the applicant for, or holder of, the certifi19 cation has knowingly made a material misrepresen20 tation in the application for such certificate; 

21 (2) the applicant for, or holder of, the certifi22 cation is not the real party in interest in the applica23 tion or certificate of registration and the real party 

24 in interest— 


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1 (A) is a person who has been refused 

2 issuance or renewal of a certificate; 

3 (B) has had a certificate revoked; or 

4 (C) does not qualify for a certificate under 

5 this section; 

6 (3) the applicant for, or holder of, the certifi7 cation has been convicted within the preceding 5 

8 years of— 

9 (A) any felony under State or Federal law 

10 or crime involving robbery, bribery, extortion, 

11 embezzlement, grand larceny, burglary, arson, 

12 violation of narcotics laws, murder, rape, as13 sault with intent to kill, assault which inflicts 

14 grievous bodily injury, prostitution, peonage, or 

15 smuggling or harboring individuals who have 

16 entered the United States illegally; or 

17 (B) any crime relating to gambling, or to 

18 the sale, distribution or possession of alcoholic 

19 beverages, in connection with or incident to any 

20 labor contracting activities; or 

21 (4) the applicant for, or holder of, the certifi22 cation has materially failed to comply with this sec23 tion. 

24 (g) RE-REGISTRATION OF VIOLATORS.—The Sec25 retary shall establish a procedure by which a foreign labor 


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1 contractor that has had its registration revoked under sub2 section (f) may seek to re-register under this subsection 

3 by demonstrating to the Secretary’s satisfaction that the 

4 foreign labor contractor has not violated this subtitle in 

5 the previous 5 years and that the foreign labor contractor 

6 has taken sufficient steps to prevent future violations of 

7 this subtitle. 

8 SEC. 3606. BONDING REQUIREMENT. 

9 (a) IN GENERAL.—The Secretary shall require a for10 eign labor contractor to post a bond in an amount suffi11 cient to ensure the ability of the foreign labor contractor 

12 to discharge its responsibilities and to ensure protection 

13 of workers, including wages. 

14 (b) REGULATIONS.—The Secretary, by regulation, 

15 shall establish the conditions under which the bond 

16 amount is determined, paid, and forfeited. 

17 (c) RELATIONSHIP TO OTHER REMEDIES.—The bond 

18 requirements and forfeiture of the bond under this section 

19 shall be in addition to other remedies under 3610 or any 

20 other law. 

21 SEC. 3607. MAINTENANCE OF LISTS. 

22 (a) IN GENERAL.—The Secretary shall maintain— 

23 (1) a list of all foreign labor contractors reg24 istered under this subsection, including— 


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1 (A) the countries from which the contrac2 tors recruit; 

3 (B) the employers for whom the contrac4 tors recruit; 

5 (C) the visa categories and occupations for 

6 which the contractors recruit; and 

7 (D) the States where recruited workers are 

8 employed; and 

9 (2) a list of all foreign labor contractors whose 

10 certificate of registration the Secretary has revoked. 

11 (b) UPDATES; AVAILABILITY.—The Secretary shall— 

12 (1) update the lists required by subsection (a) 

13 on an ongoing basis, not less frequently than every 

14 6 months; and 

15 (2) make such lists publicly available, including 

16 through continuous publication on Internet websites 

17 and in written form at and on the websites of 

18 United States embassies in the official language of 

19 that country. 

20 (c) INTER-AGENCY AVAILABILITY.—The Secretary 

21 shall share the information described in subsection (a) 

22 with the Secretary of State. 


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1 SEC. 3608. AMENDMENT TO THE IMMIGRATION AND NA2 TIONALITY ACT. 

3 Section 214 (8 U.S.C. 1184) is amended by adding 

4 at the end the following: 

5 ‘‘(s) A visa shall not be issued under the subpara6 graph (A)(iii), (B)(i) (but only for domestic servants de7 scribed in clause (i) or (ii) of section 274a.12(c)(17) of 

8 title 8, Code of Federal Regulations (as in effect on De9 cember 4, 2007)), (G)(v), (H), (J), (L), (Q), (R), or (W) 

10 of section 101(a)(15) until the consular officer— 

11 ‘‘(1) has provided to and reviewed with the ap12 plicant, in the applicant’s language (or a language 

13 the applicant understands), a copy of the informa14 tion and resources pamphlet required by section 202 

15 of the William Wilberforce Trafficking Victims Pro16 tection Reauthorization Act of 2008 (8 U.S.C. 

17 1375b); and 

18 ‘‘(2) has reviewed and made a part of the visa 

19 file the foreign labor recruiter disclosures required 

20 by section 3602 of the Border Security, Economic 

21 Opportunity, and Immigration Modernization Act, 

22 including whether the foreign labor recruiter is reg23 istered pursuant to that section.’’. 

24 SEC. 3609. RESPONSIBILITIES OF SECRETARY OF STATE. 

25 (a) IN GENERAL.—The Secretary of State shall en26 sure that each United States diplomatic mission has a perVerDate Mar 15 2010 19:31 Jul 09, 2013 Jkt 029200 PO 00000 Frm 00738 Fmt 6652 Sfmt 6201 E:\BILLS\S744.PAP S744

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1 son who shall be responsible for receiving information 

2 from any worker who has been subject to violations of this 

3 subtitle. 

4 (b) PROVISION OF INFORMATION.—The responsible 

5 person referred to in subsection (a) shall ensure that the 

6 information received is provided to the Department of Jus7 tice, the Department of Labor, or any other relevant Fed8 eral agency. 

9 (c) MECHANISMS.—The Attorney General and the 

10 Secretary shall ensure that there is a mechanism for any 

11 actions that need to be taken in response to information 

12 received under subsection (a). 

13 (d) ASSISTANCE FROM FOREIGN GOVERNMENT.— 

14 The person designated for receiving information pursuant 

15 to subsection (a) is strongly encouraged to coordinate with 

16 governments and civil society organizations in the coun17 tries of origin to ensure the worker receives additional sup18 port. 

19 (e) MAINTENANCE AND AVAILABILITY OF INFORMA20 TION.—The Secretary of State shall ensure that con21 sulates maintain information regarding the identities of 

22 foreign labor contractors and the employers to whom the 

23 foreign labor contractors supply workers. The Secretary 

24 of State shall make such information publicly available in 

25 written form and online, including on the websites of 


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1 United States embassies in the official language of that 

2 country. 

3 (f) ANNUAL PUBLIC DISCLOSE.—The Secretary of 

4 State shall make publicly available online, on an annual 

5 basis, data disclosing the gender, country of origin and 

6 state, if available, date of birth, wage, level of training, 

7 and occupation category, disaggregated by job and by visa 

8 category and subcategory. 

9 SEC. 3610. ENFORCEMENT PROVISIONS. 

10 (a) COMPLAINTS AND INVESTIGATIONS.—The Sec11 retary— 

12 (1) shall establish a process for the receipt, in13 vestigation, and disposition of complaints filed by 

14 any person, including complaints respecting a for15 eign labor contractor’s compliance with this subtitle; 

16 and 

17 (2) either pursuant to the process required by 

18 paragraph (1) or otherwise, may investigate employ19 ers or foreign labor contractors, including actions oc20 curring in a foreign country, as necessary to deter21 mine compliance with this subtitle. 

22 (b) ENFORCEMENT.— 

23 (1) IN GENERAL.—A worker who believes that 

24 he or she has suffered a violation of this subtitle 

25 may seek relief from an employer by— 


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1 (A) filing a complaint with the Secretary 

2 within 3 years after the date on which the viola3 tion occurred or date on which the employee be4 came aware of the violation; or 

5 (B) if the Secretary has not issued a final 

6 decision within 120 days of the filing of the 

7 complaint and there is no showing that such 

8 delay is due to the bad faith of the claimant, 

9 bringing an action at law or equity for de novo 

10 review in the appropriate district court of the 

11 United States, which shall have jurisdiction 

12 over such an action without regard to the 

13 amount in controversy. 

14 (2) PROCEDURE.— 

15 (A) IN GENERAL.—Unless otherwise pro16 vided herein, a complaint under paragraph 

17 (1)(A) shall be governed under the rules and 

18 procedures set forth in paragraphs (1) and 

19 (2)(A) of section 42121(b) of title 49, United 

20 States Code. 

21 (B) EXCEPTION.—Notification of a com22 plaint under paragraph (1)(A) shall be made to 

23 each person or entity named in the complaint 

24 as a defendant and to the employer. 


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1 (C) STATUTE OF LIMITATIONS.—An action 

2 filed in a district court of the United States 

3 under paragraph (1)(B) shall be commenced 

4 not later than 180 days after the last day of the 

5 120-day period referred to in that paragraph. 

6 (D) JURY TRIAL.—A party to an action 

7 brought under paragraph (1)(B) shall be enti8 tled to trial by jury. 

9 (c) ADMINISTRATIVE ENFORCEMENT.— 

10 (1) IN GENERAL.—If the Secretary finds, after 

11 notice and an opportunity for a hearing, any foreign 

12 labor contractor or employer failed to comply with 

13 any of the requirements of this subtitle, the Sec14 retary may impose the following against such con15 tractor or employer— 

16 (A) a fine in an amount not more than 

17 $10,000 per violation; and 

18 (B) upon the occasion of a third violation 

19 or a failure to comply with representations, a 

20 fine of not more than $25,000 per violation. 

21 (d) AUTHORITY TO ENSURE COMPLIANCE.—The 

22 Secretary is authorized to take other such actions, includ23 ing issuing subpoenas and seeking appropriate injunctive 

24 relief and recovery of damages, as may be necessary to 


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1 assure compliance with the terms and conditions of this 

2 subtitle. 

3 (e) BONDING.—Pursuant to the bonding requirement 

4 in section 3606, bond liquidation and forfeitures shall be 

5 in addition to other remedies under this section or any 

6 other law. 

7 (f) CIVIL ACTION.— 

8 (1) IN GENERAL.—The Secretary or any person 

9 aggrieved by a violation of this subtitle may bring a 

10 civil action against any foreign labor contractor that 

11 does not meet the requirements under subsection 

12 (g)(2) in any court of competent jurisdiction— 

13 (A) to seek remedial action, including in14 junctive relief; 

15 (B) to recover damages on behalf of any 

16 worker harmed by a violation of this subsection; 

17 and 

18 (C) to ensure compliance with require19 ments of this section. 

20 (2) ACTIONS BY THE SECRETARY OF HOME21 LAND SECURITY.— 

22 (A) SUMS RECOVERED.—Any sums recov23 ered by the Secretary on behalf of a worker 

24 under paragraph (1) or through liquidation of 

25 the bond held pursuant to section 3606 shall be 


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1 held in a special deposit account and shall be 

2 paid, on order of the Secretary, directly to each 

3 worker affected. Any such sums not paid to a 

4 worker because of inability to do so within a pe5 riod of 5 years shall be credited as an offsetting 

6 collection to the appropriations account of the 

7 Secretary for expenses for the administration of 

8 this section and shall remain available to the 

9 Secretary until expended or may be used for en10 forcement of the laws within the jurisdiction of 

11 the wage and hour division or may be trans12 ferred to the Secretary of Health and Human 

13 Services for the purpose of providing support to 

14 programs that provide assistance to victims of 

15 trafficking in persons or other exploited per16 sons. The Secretary shall work with any attor17 ney or organization representing workers to lo18 cate workers owed sums under this section. 

19 (B) REPRESENTATION.—Except as pro20 vided in section 518(a) of title 28, United 

21 States Code, the Attorney General may appear 

22 for and represent the Secretary in any civil liti23 gation brought under this paragraph. All such 

24 litigation shall be subject to the direction and 

25 control of the Attorney General. 


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1 (3) ACTIONS BY INDIVIDUALS.— 

2 (A) AWARD.—If the court finds in a civil 

3 action filed by an individual under this section 

4 that the defendant has violated any provision of 

5 this subtitle (or any regulation issued pursuant 

6 to this subtitle), the court may award— 

7 (i) damages, up to and including an 

8 amount equal to the amount of actual 

9 damages, and statutory damages of up to 

10 $1,000 per plaintiff per violation, or other 

11 equitable relief, except that with respect to 

12 statutory damages— 

13 (I) multiple infractions of a sin14 gle provision of this subtitle (or of a 

15 regulation under this subtitle) shall 

16 constitute only 1 violation for pur17 poses of section 3602(a) to determine 

18 the amount of statutory damages due 

19 a plaintiff; and 

20 (II) if such complaint is certified 

21 as a class action the court may 

22 award— 

23 (aa) damages up to an 

24 amount equal to the amount of 

25 actual damages; and 


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1 (bb) statutory damages of 

2 not more than the lesser of up to 

3 $1,000 per class member per vio4 lation, or up to $500,000; and 

5 other equitable relief; 

6 (ii) reasonable attorneys’ fees and 

7 costs; and 

8 (iii) such other and further relief, in9 cluding declaratory and injunctive relief, as 

10 necessary to effectuate the purposes of this 

11 subtitle. 

12 (B) CRITERIA.—In determining the 

13 amount of statutory damages to be awarded 

14 under subparagraph (A), the court is author15 ized to consider whether an attempt was made 

16 to resolve the issues in dispute before the resort 

17 to litigation. 

18 (C) BOND.—To satisfy the damages, fees, 

19 and costs found owing under this clause, the 

20 Secretary shall release as much of the bond 

21 held pursuant to section 3606 as necessary. 

22 (D) APPEAL.—Any civil action brought 

23 under this section shall be subject to appeal as 

24 provided in chapter 83 of title 28, United 

25 States Code (28 U.S.C. 1291 et seq.). 


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1 (E) ACCESS TO LEGAL SERVICES COR2 PORATION.—Notwithstanding any other provi3 sion of law, the Legal Services Corporation and 

4 recipients of its funding may provide legal as5 sistance on behalf of any alien with respect to 

6 any provision of this subtitle. 

7 (g) AGENCY LIABILITY.— 

8 (1) IN GENERAL.—Beginning 180 days after 

9 the Secretary has promulgated regulations pursuant 

10 to section 3605(c), an employer who retains the 

11 services of a foreign labor contractor shall only use 

12 those foreign labor contractors who are registered 

13 under section 3605. 

14 (2) SAFE HARBOR.—An employer shall not have 

15 any liability under this section if the employer hires 

16 workers referred by a foreign labor contractor that 

17 has a valid registration with the Department pursu18 ant to section 3604. 

19 (3) LIABILITY FOR AGENTS.—Foreign labor 

20 contractors shall be subject to the provisions of this 

21 section for violations committed by the foreign labor 

22 contractor’s agents or subcontractees of any level in 

23 relation to their foreign labor contracting activity to 

24 the same extent as if the foreign labor contractor 

25 had committed the violation. 


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1 (h) RETALIATION.— 

2 (1) IN GENERAL.—No person shall intimidate, 

3 threaten, restrain, coerce, discharge, or in any other 

4 manner discriminate or retaliate against any worker 

5 or their family members (including a former em6 ployee or an applicant for employment) because such 

7 worker disclosed information to any person that the 

8 worker reasonably believes evidences a violation of 

9 this section (or any rule or regulation pertaining to 

10 this section), including seeking legal assistance of 

11 counsel or cooperating with an investigation or other 

12 proceeding concerning compliance with this section 

13 (or any rule or regulation pertaining to this section). 

14 (2) ENFORCEMENT.—An individual who is sub15 ject to any conduct described in paragraph (1) may, 

16 in a civil action, recover appropriate relief, including 

17 reasonable attorneys’ fees and costs, with respect to 

18 that violation. Any civil action under this subpara19 graph shall be stayed during the pendency of any 

20 criminal action arising out of the violation. 

21 (i) WAIVER OF RIGHTS.—Agreements by employees 

22 purporting to waive or to modify their rights under this 

23 subtitle shall be void as contrary to public policy. 

24 (j) PRESENCE DURING PENDENCY OF ACTIONS.— 


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1 (1) IN GENERAL.—If other immigration relief is 

2 not available, the Attorney General and the Sec3 retary shall grant advance parole to permit a non4 immigrant to remain legally in the United States for 

5 time sufficient to fully and effectively participate in 

6 all legal proceedings related to any action taken pur7 suant to this section. 

8 (2) REGULATIONS.—Not later than 180 days 

9 after the date of the enactment of this Act, the Sec10 retary shall promulgate regulations to carry out 

11 paragraph (1). 

12 SEC. 3611. DETECTING AND PREVENTING CHILD TRAF13 FICKING. 

14 The Secretary shall mandate the live training of all 

15 U.S. Customs and Border Protection personnel who are 

16 likely to come into contact with unaccompanied alien chil17 dren. Such training shall incorporate the services of child 

18 welfare professionals with expertise in culturally com19 petent, trauma-centered, and developmentally appropriate 

20 interviewing skills to assist U.S. Customs and Border Pro21 tection in the screening of children attempting to enter 

22 the United States. 

23 SEC. 3612. PROTECTING CHILD TRAFFICKING VICTIMS. 

24 (a) SHORT TITLE.—This section may be cited as the 

25 ‘‘Child Trafficking Victims Protection Act’’. 


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1 (b) DEFINED TERM.—In this section, the term ‘‘un2 accompanied alien children’’ has the meaning given such 

3 term in section 462 of the Homeland Security Act of 2002 

4 (6 U.S.C. 279). 

5 (c) CARE AND TRANSPORTATION.—Notwithstanding 

6 any other provision of law, the Secretary shall ensure that 

7 all unaccompanied alien children who will undergo any im8 migration proceedings before the Department or the Exec9 utive Office for Immigration Review are duly transported 

10 and placed in the care and legal and physical custody of 

11 the Office of Refugee Resettlement not later than 72 

12 hours after their apprehension absent exceptional cir13 cumstances, including a natural disaster or comparable 

14 emergency beyond the control of the Secretary or the Of15 fice of Refugee Resettlement. The Secretary, to the extent 

16 practicable, shall ensure that female officers are continu17 ously present during the transfer and transport of female 

18 detainees who are in the custody of the Department. 

19 (d) QUALIFIED RESOURCES.— 

20 (1) IN GENERAL.—The Secretary shall provide 

21 adequately trained and qualified staff and resources, 

22 including the accommodation of child welfare offi23 cials, in accordance with subsection (e), at U.S. Cus24 toms and Border Protection ports of entry and sta25 tions. 


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1 (2) CHILD WELFARE PROFESSIONALS.—The 

2 Secretary of Health and Human Services, in con3 sultation with the Secretary, shall hire, on a full- or 

4 part-time basis, child welfare professionals who will 

5 provide assistance, either in person or by other ap6 propriate methods of communication, in not fewer 

7 than 7 of the U.S. Customs and Border Protection 

8 offices or stations with the largest number of unac9 companied alien child apprehensions in the previous 

10 fiscal year. 

11 (e) CHILD WELFARE PROFESSIONALS.— 

12 (1) IN GENERAL.—The Secretary, in consulta13 tion with the Secretary of Health and Human Serv14 ices, shall ensure that qualified child welfare profes15 sionals with expertise in culturally competent, trau16 ma-centered, and developmentally appropriate inter17 viewing skills are available at each major port of 

18 entry described in subsection (d). 

19 (2) DUTIES.—Child welfare professionals de20 scribed in paragraph (1) shall— 

21 (A) develop guidelines for treatment of un22 accompanied alien children in the custody of the 

23 Department; 

24 (B) conduct screening of all unaccom25 panied alien children in accordance with section 


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1 235(a)(4) of the William Wilberforce Traf2 ficking Victims Protection Reauthorization Act 

3 of 2008 (8 U.S.C. 1232(a)(4)); 

4 (C) notify the Department and the Office 

5 of Refugee Resettlement of children that poten6 tially meet the notification and transfer require7 ments set forth in subsections (a) and (b) of 

8 section 235 of such Act (8 U.S.C. 1232); 

9 (D) interview adult relatives accompanying 

10 unaccompanied alien children; 

11 (E) provide an initial family relationship 

12 and trafficking assessment and recommenda13 tions regarding unaccompanied alien children’s 

14 initial placements to the Office of Refugee Re15 settlement, which shall be conducted in accord16 ance with the time frame set forth in sub17 sections (a)(4) and (b)(3) of section 235 of 

18 such Act (8 U.S.C. 1232); and 

19 (F) ensure that each unaccompanied alien 

20 child in the custody of U.S. Customs and Bor21 der Protection— 

22 (i) receives emergency medical care 

23 when necessary; 

24 (ii) receives emergency medical and 

25 mental health care that complies with the 


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1 standards adopted pursuant to section 8(c) 

2 of the Prison Rape Elimination Act of 

3 2003 (42 U.S.C. 15607(c)) whenever nec4 essary, including in cases in which a child 

5 is at risk to harm himself, herself, or oth6 ers; 

7 (iii) is provided with climate appro8 priate clothing, shoes, basic personal hy9 giene and sanitary products, a pillow, lin10 ens, and sufficient blankets to rest at a 

11 comfortable temperature; 

12 (iv) receives adequate nutrition; 

13 (v) enjoys a safe and sanitary living 

14 environment; 

15 (vi) has access to daily recreational 

16 programs and activities if held for a period 

17 longer than 24 hours; 

18 (vii) has access to legal services and 

19 consular officials; and 

20 (viii) is permitted to make supervised 

21 phone calls to family members. 

22 (3) FINAL DETERMINATIONS.—The Office of 

23 Refugee Resettlement in accordance with applicable 

24 policies and procedures for sponsors, shall submit 

25 final determinations on family relationships to the 


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1 Secretary, who shall consider such adult relatives for 

2 community-based support alternatives to detention. 

3 (4) REPORT.—Not later than 18 months after 

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

5 thereafter, the Secretary shall submit a report to 

6 Congress that— 

7 (A) describes the screening procedures 

8 used by the child welfare professionals to screen 

9 unaccompanied alien children; 

10 (B) assesses the effectiveness of such 

11 screenings; and 

12 (C) includes data on all unaccompanied 

13 alien children who were screened by child wel14 fare professionals; 

15 (f) IMMEDIATE NOTIFICATION.—The Secretary shall 

16 notify the Office of Refugee Resettlement of an unaccom17 panied alien child in the custody of the Department as 

18 soon as practicable, but generally not later than 48 hours 

19 after the Department encounters the child, to effectively 

20 and efficiently coordinate the child’s transfer to and place21 ment with the Office of Refugee Resettlement. 

22 (g) NOTICE OF RIGHTS AND RIGHT TO ACCESS TO

23 COUNSEL.— 


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1 (1) IN GENERAL.—The Secretary shall ensure 

2 that all unaccompanied alien children, upon appre3 hension, are provided— 

4 (A) an interview and screening with a child 

5 welfare professional described in subsection 

6 (e)(1); and 

7 (B) an orientation and oral and written 

8 notice of their rights under the Immigration 

9 and Nationality Act, including— 

10 (i) their right to relief from removal; 

11 (ii) their right to confer with counsel 

12 (as guaranteed under section 292 of such 

13 Act (8 U.S.C. 1362)), family, or friends 

14 while in the temporary custody of the De15 partment; and 

16 (iii) relevant complaint mechanisms to 

17 report any abuse or misconduct they may 

18 have experienced. 

19 (2) LANGUAGES.—The Secretary shall ensure 

20 that— 

21 (A) the video orientation and written no22 tice of rights described in paragraph (1) is 

23 available in English and in the 5 most common 

24 native languages spoken by the unaccompanied 


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1 children held in custody at that location during 

2 the preceding fiscal year; and 

3 (B) the oral notice of rights is available in 

4 English and in the most common native lan5 guage spoken by the unaccompanied children 

6 held in custody at that location during the pre7 ceding fiscal year. 

8 (h) CONFIDENTIALITY.—The Secretary of Health 

9 and Human Services shall maintain the privacy and con10 fidentiality of all information gathered in the course of 

11 providing care, custody, placement, and follow-up services 

12 to unaccompanied alien children, consistent with the best 

13 interest of the unaccompanied alien child, by not dis14 closing such information to other government agencies or 

15 nonparental third parties unless such disclosure is— 

16 (1) recorded in writing and placed in the child’s 

17 file; 

18 (2) in the child’s best interest; and 

19 (3)(A) authorized by the child or by an ap20 proved sponsor in accordance with section 235 of the 

21 William Wilberforce Trafficking Victims Protection 

22 Reauthorization Act of 2008 (8 U.S.C. 1232) and 

23 the Health Insurance Portability and Accountability 

24 Act (Public Law 104–191); or 


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1 (B) provided to a duly recognized law enforce2 ment entity to prevent imminent and serious harm 

3 to another individual. 

4 (i) OTHER POLICIES AND PROCEDURES.—The Sec5 retary shall adopt fundamental child protection policies 

6 and procedures— 

7 (1) for reliable age determinations of children, 

8 developed in consultation with medical and child wel9 fare experts, which exclude the use of fallible foren10 sic testing of children’s bone and teeth; 

11 (2) to utilize all legal authorities to defer the 

12 child’s removal if the child faces a risk of life-threat13 ening harm upon return including due to the child’s 

14 mental health or medical condition; and 

15 (3) to ensure, in accordance with the Juvenile 

16 Justice and Delinquency Prevention Act of 1974 (42 

17 U.S.C. 5601 et seq.), that unaccompanied alien chil18 dren, while in detention, are— 

19 (A) physically separated from any adult 

20 who is not an immediate family member; and 

21 (B) separated from— 

22 (i) immigration detainees and inmates 

23 with criminal convictions; 

24 (ii) pretrial inmates facing criminal 

25 prosecution; and 


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1 (iii) inmates exhibiting violent behav2 ior. 

3 (j) REPATRIATION AND REINTEGRATION PRO4 GRAM.— 

5 (1) IN GENERAL.—The Administrator of the 

6 United States Agency for International Develop7 ment, in conjunction with the Secretary, the Sec8 retary of Health and Human Services, the Attorney 

9 General, international organizations, and nongovern10 mental organizations in the United States with ex11 pertise in repatriation and reintegration, shall create 

12 a multi-year program to develop and implement best 

13 practices and sustainable programs in the United 

14 States and within the country of return to ensure 

15 the safe and sustainable repatriation and reintegra16 tion of unaccompanied alien children into their coun17 try of nationality or of last habitual residence, in18 cluding placement with their families, legal guard19 ians, or other sponsoring agencies. 

20 (2) REPORT ON REPATRIATION AND RE21 INTEGRATION OF UNACCOMPANIED ALIEN CHIL22 DREN.—Not later than 18 months after the date of 

23 the enactment of this Act, and annually thereafter, 

24 the Administrator of the Agency for International 

25 Development shall submit a substantive report to the 


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1 Committee on the Judiciary of the Senate and the 

2 Committee on the Judiciary of the House of Rep3 resentatives on efforts to improve repatriation and 

4 reintegration programs for unaccompanied alien chil5 dren. 

6 (k) TRANSFER OF FUNDS.— 

7 (1) AUTHORIZATION.—The Secretary, in ac8 cordance with a written agreement between the Sec9 retary and the Secretary of Health and Human 

10 Services, shall transfer such amounts as may be nec11 essary to carry out the duties described in subsection 

12 (f)(2) from amounts appropriated for U.S. Customs 

13 and Border Protection to the Department of Health 

14 and Human Services. 

15 (2) REPORT.—Not later than 15 days before 

16 any proposed transfer under paragraph (1), the Sec17 retary of Health and Human Services, in consulta18 tion with the Secretary, shall submit a detailed ex19 penditure plan that describes the actions proposed to 

20 be taken with amounts transferred under such para21 graph to— 

22 (A) the Committee on Appropriations of 

23 the Senate; and 

24 (B) the Committee on Appropriations of 

25 the House of Representatives. 


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1 SEC. 3613. RULE OF CONSTRUCTION. 

2 Nothing in this subtitle shall be construed to preempt 

3 or alter any other rights or remedies, including any causes 

4 of action, available under any other Federal or State law. 

5 SEC. 3614. REGULATIONS. 

6 The Secretary shall, in consultation with the Sec7 retary of Labor, prescribe regulations to implement this 

8 subtitle and to develop policies and procedures to enforce 

9 the provisions of this subtitle. 

10 Subtitle G—Interior Enforcement 

11 SEC. 3701. CRIMINAL STREET GANGS. 

12 (a) INADMISSIBILITY.—Section 212(a)(2) (8 U.S.C. 

13 1182(a)(2)) is amended by inserting after subparagraph 

14 (I) the following: 

15 ‘‘(J) ALIENS IN CRIMINAL STREET

16 GANGS.— 

17 ‘‘(i) IN GENERAL.—Any alien is inad18 missible— 

19 ‘‘(I) who has been convicted of 

20 an offense for which an element was 

21 active participation in a criminal 

22 street gang (as defined in section 

23 521(a) of title 18, United States 

24 Code) and the alien— 

25 ‘‘(aa) had knowledge that 

26 the gang’s members engaged in 


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1 or have engaged in a continuing 

2 series of offenses described in 

3 section 521(c) of title 18, United 

4 States Code; and 

5 ‘‘(bb) acted with the inten6 tion to promote or further the fe7 lonious activities of the criminal 

8 street gang or maintain or in9 crease his or her position in the 

10 gang; or 

11 ‘‘(II) subject to clause (ii), who is 

12 18 years of age or older, who is phys13 ically present outside the United 

14 States, whom the Secretary deter15 mines by clear and convincing evi16 dence, based upon law enforcement in17 formation deemed credible by the Sec18 retary, has, since the age of 18, know19 ingly and willingly participated in a 

20 criminal street gang with knowledge 

21 that such participation promoted or 

22 furthered the illegal activity of the 

23 gang. 

24 ‘‘(ii) WAIVER.—The Secretary may 

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1 nounced all association with the criminal 

2 street gang, is otherwise admissible, and is 

3 not a threat to the security of the United 

4 States.’’. 

5 (b) GROUNDS FOR DEPORTATION.—Section 

6 237(a)(2) (8 U.S.C. 1227(a)(2)) is amended by adding at 

7 the end the following: 

8 ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL

9 STREET GANGS.—Any alien is removable who 

10 has been convicted of an offense for which an 

11 element was active participation in a criminal 

12 street gang (as defined in section 521(a) of title 

13 18, United States Code), and the alien— 

14 ‘‘(i) had knowledge that the gang’s 

15 members engaged in or have engaged in a 

16 continuing series of offenses described in 

17 section 521(c) of title 18, United States 

18 Code; and 

19 ‘‘(ii) acted with the intention to pro20 mote or further the felonious activities the 

21 criminal street gang or increase his or her 

22 position in such gang.’’. 

23 (c) GROUND OF INELIGIBILITY FOR REGISTERED

24 PROVISIONAL IMMIGRANT STATUS.— 


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1 (1) IN GENERAL.—An alien who is 18 years of 

2 age or older is ineligible for registered provisional 

3 immigrant status if the Secretary determines that 

4 the alien— 

5 (A) has been convicted of an offense for 

6 which an element was active participation in a 

7 criminal street gang (as defined in section 

8 521(a) of title 18, United States Code, and the 

9 alien— 

10 (i) had knowledge that the gang’s 

11 members engaged in or have engaged in a 

12 continuing series of offenses described in 

13 section 521(c) of title 18, United States 

14 Code; and 

15 (ii) acted with the intention to pro16 mote or further the felonious activities of 

17 the criminal street gang or maintain or in18 crease his or her position in such gang; or 

19 (B) subject to paragraph (2), any alien 

20 who is 18 years of age or older whom the Sec21 retary determines by clear and convincing evi22 dence, based upon law enforcement information 

23 deemed credible by the Secretary, has, since the 

24 age of 18, knowingly and willingly participated 

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1 ticipation promoted or furthered the illegal ac2 tivity of such gang. 

3 (2) WAIVER.—The Secretary may waive the ap4 plication of paragraph (1)(B) if the alien has re5 nounced all association with the criminal street 

6 gang, is otherwise admissible, and is not a threat to 

7 the security of the United States. 

8 SEC. 3702. BANNING HABITUAL DRUNK DRIVERS FROM THE 

9 UNITED STATES. 

10 (a) GROUNDS FOR INADMISSIBILITY.—Section 

11 212(a)(2) (8 U.S.C. 1182(a)(2)), as amended by section 

12 3701(a), is further amended— 

13 (1) by redesignating subparagraph (F) as sub14 paragraph (L); and 

15 (2) by inserting after subparagraph (E) the fol16 lowing: 

17 ‘‘(F) HABITUAL DRUNK DRIVERS.—An 

18 alien convicted of 3 or more offenses for driving 

19 under the influence or driving while intoxicated 

20 on separate dates is inadmissible.’’. 

21 (b) GROUNDS FOR DEPORTATION.—Section 

22 237(a)(2) (8 U.S.C. 1227(a)(2)), as amended by section 

23 3701(b), is further amended by adding at the end the fol24 lowing: 


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1 ‘‘(H) HABITUAL DRUNK DRIVERS.—An 

2 alien convicted of 3 or more offenses for driving 

3 under the influence or driving while intoxicated, 

4 at least 1 of which occurred after the date of 

5 the enactment of the Border Security, Eco6 nomic Opportunity, and Immigration Mod7 ernization Act, is deportable.’’. 

8 (c) IN GENERAL.— 

9 (1) AGGRAVATED FELONY.—Section 

10 101(a)(43)(F) (8 U.S.C. 1101(a)(43)(F)) is amend11 ed by striking ‘‘for which the term of imprisonment’’ 

12 and inserting ‘‘, including a third drunk driving con13 viction, for which the term of imprisonment is’’. 

14 (2) EFFECTIVE DATE AND APPLICATION.— 

15 (A) EFFECTIVE DATE.—The amendment 

16 made by paragraph (1) shall take effect on the 

17 date of the enactment of this Act. 

18 (B) APPLICATION.— 

19 (i) IN GENERAL.—Except as provided 

20 in subparagraph (ii), the amendment made 

21 by paragraph (1) shall apply to a convic22 tion for drunk driving that occurred be23 fore, on, or after such date of enactment. 

24 (ii) TWO OR MORE PRIOR CONVIC25 TIONS.—An alien who received 2 or more 


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1 convictions for drunk driving before the 

2 date of the enactment of this Act may not 

3 be subject to removal for the commission 

4 of an aggravated felony pursuant to sec5 tion 237(a)(2)(A)(iii) of the Immigration 

6 and Nationality Act (8 U.S.C. 

7 1227(a)(2)(A)(iii)) on the basis of such 

8 convictions until the date on which the 

9 alien is convicted of a drunk driving of10 fense after such date of enactment. 

11 SEC. 3703. SEXUAL ABUSE OF A MINOR. 

12 Section 101(a)(43)(A) (8 U.S.C. 1101(a)(43)(A)) is 

13 amended by striking ‘‘murder, rape, or sexual abuse of 

14 a minor;’’ and inserting ‘‘murder, rape, or sexual abuse 

15 of a minor, whether or not the minority of the victim is 

16 established by evidence contained in the record of convic17 tion or by credible evidence extrinsic to the record of con18 viction;’’. 

19 SEC. 3704. ILLEGAL ENTRY. 

20 (a) IN GENERAL.—Section 275 (8 U.S.C. 1325) is 

21 amended to read as follows: 

22 ‘‘SEC. 275. ILLEGAL ENTRY. 

23 ‘‘(a) IN GENERAL.— 


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1 ‘‘(1) CRIMINAL OFFENSES.—An alien shall be 

2 subject to the penalties set forth in paragraph (2) if 

3 the alien— 

4 ‘‘(A) enters or crosses the border into the 

5 United States at any time or place other than 

6 as designated by the Secretary of Homeland Se7 curity; 

8 ‘‘(B) eludes examination or inspection by 

9 an immigration officer, or a customs or agri10 culture inspection at a port of entry; or 

11 ‘‘(C) enters or crosses the border to the 

12 United States by means of a knowingly false or 

13 misleading representation or the concealment of 

14 a material fact. 

15 ‘‘(2) CRIMINAL PENALTIES.—Any alien who 

16 violates any provision under paragraph (1)— 

17 ‘‘(A) shall, for the first violation, be fined 

18 under title 18, United States Code, imprisoned 

19 not more than 12 months, or both; 

20 ‘‘(B) shall, for a second or subsequent vio21 lation, or following an order of voluntary depar22 ture, be fined under such title, imprisoned not 

23 more than 3 years, or both; 

24 ‘‘(C) if the violation occurred after the 

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1 demeanors with the convictions occurring on 

2 different dates or of a felony for which the alien 

3 served a term of imprisonment of 15 days or 

4 more, shall be fined under such title, impris5 oned not more than 10 years, or both; and 

6 ‘‘(D) if the violation occurred after the 

7 alien had been convicted of a felony for which 

8 the alien was sentenced to a term of imprison9 ment of not less than 30 months, shall be fined 

10 under such title, imprisoned not more than 15 

11 years, or both. 

12 ‘‘(3) PRIOR CONVICTIONS.—The prior convic13 tions described in subparagraphs (C) and (D) of 

14 paragraph (2) are elements of the offenses described 

15 in that paragraph and the penalties in such subpara16 graphs shall apply only in cases in which the convic17 tion or convictions that form the basis for the addi18 tional penalty are— 

19 ‘‘(A) alleged in the indictment or informa20 tion; and 

21 ‘‘(B) proven beyond a reasonable doubt at 

22 trial or admitted by the defendant under oath 

23 as part of a plea agreement. 

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1 prehended while knowingly entering, attempting to enter, 

2 or crossing or attempting to cross the border to the United 

3 States at a time or place other than as designated by im4 migration officers shall be subject to a civil penalty, in 

5 addition to any criminal or other civil penalties that may 

6 be imposed under any other provision of law, in an amount 

7 equal to— 

8 ‘‘(1) not less than $250 or more than $5,000 

9 for each such entry, crossing, attempted entry, or at10 tempted crossing; or 

11 ‘‘(2) twice the amount specified in paragraph 

12 (1) if the alien had previously been subject to a civil 

13 penalty under this subsection. 

14 ‘‘(c) FRAUDULENT MARRIAGE.—An individual who 

15 knowingly enters into a marriage for the purpose of evad16 ing any provision of the immigration laws shall be impris17 oned for not more than 5 years, fined not more than 

18 $250,000, or both. 

19 ‘‘(d) COMMERCIAL ENTERPRISES.—Any individual 

20 who knowingly establishes a commercial enterprise for the 

21 purpose of evading any provision of the immigration laws 

22 shall be imprisoned for not more than 5 years, fined in 

23 accordance with title 18, United States Code, or both.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 is amended by striking the item relating to section 275 

3 and inserting the following: 

‘‘Sec. 275. Illegal entry.’’. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 this section shall take effect 1 year after the date of the 

6 enactment of this Act. 

7 SEC. 3705. REENTRY OF REMOVED ALIEN. 

8 Section 276 (8 U.S.C. 1326) is amended to read as 

9 follows: 

10 ‘‘SEC. 276. REENTRY OF REMOVED ALIEN. 

11 ‘‘(a) REENTRY AFTER REMOVAL.—Any alien who 

12 has been denied admission, excluded, deported, or re13 moved, or who has departed the United States while an 

14 order of exclusion, deportation, or removal is outstanding, 

15 and subsequently enters, attempts to enter, crosses the 

16 border to, attempts to cross the border to, or is at any 

17 time found in the United States, shall be fined under title 

18 18, United States Code, and imprisoned not more than 

19 2 years. 

20 ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.—Not21 withstanding the penalty provided in subsection (a), if an 

22 alien described in that subsection— 

23 ‘‘(1) was convicted for 3 or more misdemeanors, 

24 with the convictions occurring on different dates, be25 fore such removal or departure, the alien shall be 


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1 fined under title 18, United States Code, and im2 prisoned not more than 10 years, or both; 

3 ‘‘(2) was convicted for a felony before such re4 moval or departure for which the alien was sen5 tenced to a term of imprisonment of not less than 

6 30 months, the alien shall be fined under such title, 

7 and imprisoned not more than 15 years, or both; 

8 ‘‘(3) was convicted for a felony before such re9 moval or departure for which the alien was sen10 tenced to a term of imprisonment of not less than 

11 60 months, the alien shall be fined under such title, 

12 and imprisoned not more than 20 years, or both; 

13 ‘‘(4) was convicted for 3 felonies, with the con14 victions occurring on different dates before such re15 moval or departure, the alien shall be fined under 

16 such title, and imprisoned not more than 20 years, 

17 or both; or 

18 ‘‘(5) was convicted, before such removal or de19 parture, for murder, rape, kidnapping, or a felony 

20 offense described in chapter 77 (relating to peonage 

21 and slavery) or 113B (relating to terrorism) of such 

22 title, the alien shall be fined under such title, and 

23 imprisoned not more than 20 years, or both. 

24 ‘‘(c) REENTRY AFTER REPEATED REMOVAL.—Any 

25 alien who has been denied admission, excluded, deported, 


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1 or removed 3 or more times and thereafter enters, at2 tempts to enter, crosses the border to, attempts to cross 

3 the border to, or is at any time found in the United States, 

4 shall be fined under title 18, United States Code, and im5 prisoned not more than 10 years, or both. 

6 ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The prior 

7 convictions described in subsection (b) are elements of the 

8 offenses described in that subsection, and the penalties in 

9 such subsection shall apply only in cases in which the con10 viction or convictions that form the basis for the additional 

11 penalty are— 

12 ‘‘(1) alleged in the indictment or information; 

13 and 

14 ‘‘(2) proven beyond a reasonable doubt at trial 

15 or admitted by the defendant under oath as part of 

16 a plea agreement. 

17 ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an af18 firmative defense to a violation of this section that— 

19 ‘‘(1) prior to the alleged violation, the alien had 

20 sought and received the express consent of the Sec21 retary of Homeland Security to reapply for admis22 sion into the United States; or 

23 ‘‘(2) at the time of the prior exclusion, deporta24 tion, removal, or denial of admission alleged in the 

25 violation, the alien had not yet reached 18 years of 


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1 age and had not been convicted of a crime or adju2 dicated a delinquent minor by a court of the United 

3 States, or a court of a state or territory, for conduct 

4 that would constitute a felony if committed by an 

5 adult. 

6 ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON UN7 DERLYING DEPORTATION ORDER.—In a criminal pro8 ceeding under this section, an alien may not challenge the 

9 validity of the deportation order described in subsection 

10 (a) or subsection (c) unless the alien demonstrates that— 

11 ‘‘(1) the alien exhausted any administrative 

12 remedies that may have been available to seek relief 

13 against the order; 

14 ‘‘(2) the deportation proceedings at which the 

15 order was issued improperly deprived the alien of the 

16 opportunity for judicial review; and 

17 ‘‘(3) the entry of the order was fundamentally 

18 unfair. 

19 ‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO COM20 PLETION OF TERM OF IMPRISONMENT.—Any alien re21 moved pursuant to section 241(a)(4) who enters, attempts 

22 to enter, crosses the border to, attempts to cross the bor23 der to, or is at any time found in, the United States shall 

24 be incarcerated for the remainder of the sentence of im25 prisonment which was pending at the time of deportation 


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1 without any reduction for parole or supervised release un2 less the alien affirmatively demonstrates that the Sec3 retary of Homeland Security has expressly consented to 

4 the alien’s reentry or the alien is prima facie eligible for 

5 protection from removal. Such alien shall be subject to 

6 such other penalties relating to the reentry of removed 

7 aliens as may be available under this section or any other 

8 provision of law. 

9 ‘‘(h) LIMITATION.—It is not aiding and abetting a 

10 violation of this section for an individual to provide an 

11 alien with emergency humanitarian assistance, including 

12 emergency medical care and food, or to transport the alien 

13 to a location where such assistance can be rendered with14 out compensation or the expectation of compensation. 

15 ‘‘(i) DEFINITIONS.—In this section: 

16 ‘‘(1) FELONY.—The term ‘felony’ means any 

17 criminal offense punishable by a term of imprison18 ment of more than 1 year under the laws of the 

19 United States, any State, or a foreign government. 

20 ‘‘(2) MISDEMEANOR.—The term ‘misdemeanor’ 

21 means any criminal offense punishable by a term of 

22 imprisonment of not more than 1 year under the ap23 plicable laws of the United States, any State, or a 

24 foreign government. 


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1 ‘‘(3) REMOVAL.—The term ‘removal’ includes 

2 any denial of admission, exclusion, deportation, or 

3 removal, or any agreement by which an alien stipu4 lates or agrees to exclusion, deportation, or removal. 

5 ‘‘(4) STATE.—The term ‘State’ means a State 

6 of the United States, the District of Columbia, and 

7 any commonwealth, territory, or possession of the 

8 United States.’’. 

9 SEC. 3706. PENALTIES RELATING TO VESSELS AND AIR10 CRAFT. 

11 Section 243(c) (8 U.S.C. 1253(c)) is amended— 

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

13 such term appears and inserting ‘‘Secretary of 

14 Homeland Security’’; 

15 (2) by striking ‘‘Commissioner’’ each place such 

16 term appears and inserting ‘‘Secretary of Homeland 

17 Security’’; and 

18 (3) in paragraph (1)— 

19 (A) in subparagraph (A), by striking 

20 ‘‘$2,000’’ and inserting ‘‘$5,000’’; 

21 (B) in subparagraph (B), by striking 

22 ‘‘$5,000’’ and inserting ‘‘$10,000’’; 

23 (C) by amending subparagraph (C) to read 

24 as follows: 


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1 ‘‘(C) COMPROMISE.—The Secretary of 

2 Homeland Security, in the Secretary’s 

3 unreviewable discretion and upon the receipt of 

4 a written request, may mitigate the monetary 

5 penalties required under this subsection for 

6 each alien stowaway to an amount equal to not 

7 less than $2,000, upon such terms that the Sec8 retary determines to be appropriate.’’; and 

9 (D) by inserting at the end the following: 

10 ‘‘(D) EXCEPTION.—A person, acting with11 out compensation or the expectation of com12 pensation, is not subject to penalties under this 

13 paragraph if the person is— 

14 ‘‘(i) providing, or attempting to pro15 vide, an alien with humanitarian assist16 ance, including emergency medical care or 

17 food or water; or 

18 ‘‘(ii) transporting the alien to a loca19 tion where such humanitarian assistance 

20 can be rendered without compensation or 

21 the expectation of compensation.’’. 


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1 SEC. 3707. REFORM OF PASSPORT, VISA, AND IMMIGRATION 

2 FRAUD OFFENSES. 

3 (a) TRAFFICKING IN PASSPORTS.—Section 1541 of 

4 title 18, United States Code, is amended to read as fol5 lows: 

6 ‘‘§ 1541. Trafficking in passports 

7 ‘‘(a) MULTIPLE PASSPORTS.—Subject to subsection 

8 (b), any person who, during any period of 3 years or less, 

9 knowingly— 

10 ‘‘(1) and without lawful authority produces, 

11 issues, or transfers 3 or more passports; 

12 ‘‘(2) forges, counterfeits, alters, or falsely 

13 makes 3 or more passports; 

14 ‘‘(3) secures, possesses, uses, receives, buys, 

15 sells, or distributes 3 or more passports, knowing 

16 the passports to be forged, counterfeited, altered, 

17 falsely made, stolen, procured by fraud, or produced 

18 or issued without lawful authority; or 

19 ‘‘(4) completes, mails, prepares, presents, signs, 

20 or submits 3 or more applications for a United 

21 States passport, knowing the applications to contain 

22 any materially false statement or representation, 

23 shall be fined under this title, imprisoned not more than 

24 20 years, or both. 

25 ‘‘(b) USE IN A TERRORISM OFFENSE.—Any person 

26 who commits an offense described in subsection (a) to faVerDate Mar 15 2010 19:31 Jul 09, 2013 Jkt 029200 PO 00000 Frm 00777 Fmt 6652 Sfmt 6201 E:\BILLS\S744.PAP S744

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1 cilitate an act of international terrorism (as defined in sec2 tion 2331) shall be fined under this title, imprisoned not 

3 more than 25 years, or both. 

4 ‘‘(c) PASSPORT MATERIALS.—Any person who know5 ingly and without lawful authority produces, buys, sells, 

6 possesses, or uses any official material (or counterfeit of 

7 any official material) used to make 10 or more passports, 

8 including any distinctive paper, seal, hologram, image, 

9 text, symbol, stamp, engraving, or plate, shall be fined 

10 under this title, imprisoned not more than 20 years, or 

11 both.’’. 

12 (b) FALSE STATEMENT IN AN APPLICATION FOR A

13 PASSPORTS.—Section 1542 of title 18, United States 

14 Code, is amended to read as follows: 

15 ‘‘§ 1542. False statement in an application for a pass16 port 

17 ‘‘(a) IN GENERAL.—Any person who knowingly 

18 makes any material false statement or representation in 

19 an application for a United States passport, or mails, pre20 pares, presents, or signs an application for a United 

21 States passport knowing the application to contain any 

22 material false statement or representation, shall be fined 

23 under this title, imprisoned not more than 25 years (if 

24 the offense was committed to facilitate an act of inter25 national terrorism (as defined in section 2331 of this 


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1 title)), 20 years (if the offense was committed to facilitate 

2 a drug trafficking crime (as defined in section 929(a) of 

3 this title)), 15 years (in the case of any other offense), 

4 or both. 

5 ‘‘(b) VENUE.— 

6 ‘‘(1) IN GENERAL.—An offense under sub7 section (a) may be prosecuted in any district— 

8 ‘‘(A) in which the false statement or rep9 resentation was made or the application for a 

10 United States passport was prepared or signed; 

11 or 

12 ‘‘(B) in which or to which the application 

13 was mailed or presented. 

14 ‘‘(2) OFFENSES OUTSIDE THE UNITED

15 STATES.—An offense under subsection (a) involving 

16 an application prepared and adjudicated outside the 

17 United States may be prosecuted in the district in 

18 which the resultant passport was or would have been 

19 produced. 

20 ‘‘(c) SAVINGS CLAUSE.—Nothing in this section may 

21 be construed to limit the venue otherwise available under 

22 sections 3237 and 3238 of this title.’’. 

23 (c) MISUSE OF A PASSPORT.—Section 1544 of title 

24 18, United States Code, is amended to read as follows: 


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1 ‘‘§ 1544. Misuse of a passport 

2 ‘‘Any person who knowingly— 

3 ‘‘(1) misuses or attempts to misuse for their 

4 own purposes any passport issued or designed for 

5 the use of another; 

6 ‘‘(2) uses or attempts to use any passport in 

7 violation of the laws, regulations, or rules governing 

8 the issuance and use of the passport; 

9 ‘‘(3) secures, possesses, uses, receives, buys, 

10 sells, or distributes or attempts to secure, possess, 

11 use, receive, buy, sell, or distribute any passport 

12 knowing the passport to be forged, counterfeited, al13 tered, falsely made, procured by fraud, or produced 

14 or issued without lawful authority; or 

15 ‘‘(4) substantially violates the terms and condi16 tions of any safe conduct duly obtained and issued 

17 under the authority of the United States, 

18 shall be fined under this title, imprisoned not more than 

19 25 years (if the offense was committed to facilitate an act 

20 of international terrorism (as defined in section 2331 of 

21 this title)), 20 years (if the offense was committed to fa22 cilitate a drug trafficking crime (as defined in section 

23 929(a) of this title)), 15 years (in the case of any other 

24 offense), or both.’’. 


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1 (d) SCHEMES TO PROVIDE FRAUDULENT IMMIGRA2 TION SERVICES.—Section 1545 of title 18, United States 

3 Code, is amended to read as follows: 

4 ‘‘§ 1545. Schemes to provide fraudulent immigration 

5 services 

6 ‘‘(a) IN GENERAL.—Any person who knowingly exe7 cutes a scheme or artifice, in connection with any matter 

8 that is authorized by or arises under any Federal immigra9 tion law or any matter the offender claims or represents 

10 is authorized by or arises under any Federal immigration 

11 law, to— 

12 ‘‘(1) defraud any person; or 

13 ‘‘(2) obtain or receive money or anything else of 

14 value from any person by means of false or fraudu15 lent pretenses, representations, or promises, 

16 shall be fined under this title, imprisoned not more than 

17 10 years, or both. 

18 ‘‘(b) MISREPRESENTATION.—Any person who know19 ingly and falsely represents that such person is an attor20 ney or an accredited representative (as that term is de21 fined in section 1292.1 of title 8, Code of Federal Regula22 tions (or any successor regulation)) in any matter arising 

23 under any Federal immigration law shall be fined under 

24 this title, imprisoned not more than 15 years, or both.’’. 


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1 (e) IMMIGRATION AND VISA FRAUD.—Section 1546 

2 of title 18, United States Code, is amended— 

3 (1) by amending the section heading to read as 

4 follows: 

5 ‘‘§ 1546. Immigration and visa fraud’’; 

6 (2) by redesignating subsection (b) as sub7 section (d); and 

8 (3) by inserting after subsection (a) the fol9 lowing new subsections: 

10 ‘‘(b) TRAFFICKING.—Any person who, during any pe11 riod of 3 years or less, knowingly— 

12 ‘‘(1) and without lawful authority produces, 

13 issues, or transfers 3 or more immigration docu14 ments; 

15 ‘‘(2) forges, counterfeits, alters, or falsely 

16 makes 3 or more immigration documents; 

17 ‘‘(3) secures, possesses, uses, buys, sells, or dis18 tributes 3 or more immigration documents, knowing 

19 the immigration documents to be forged, counter20 feited, altered, stolen, falsely made, procured by 

21 fraud, or produced or issued without lawful author22 ity; or 

23 ‘‘(4) completes, mails, prepares, presents, signs, 

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1 ing the documents to contain any materially false 

2 statement or representation, 

3 shall be fined under this title, imprisoned not more than 

4 20 years, or both. 

5 ‘‘(c) IMMIGRATION DOCUMENT MATERIALS.—Any 

6 person who knowingly and without lawful authority pro7 duces, buys, sells, possesses, or uses any official material 

8 (or counterfeit of any official material) used to make 10 

9 or more immigration documents, including any distinctive 

10 paper, seal, hologram, image, text, symbol, stamp, engrav11 ing, or plate, shall be fined under this title, imprisoned 

12 not more than 20 years, or both.’’. 

13 (f) ALTERNATIVE IMPRISONMENT MAXIMUM FOR

14 CERTAIN OFFENSES.—Section 1547 of title 18, United 

15 States Code, is amended— 

16 (1) in the matter preceding paragraph (1), by 

17 striking ‘‘(other than an offense under section 

18 1545)’’; 

19 (2) in paragraph (1), by striking ‘‘15’’ and in20 serting ‘‘20’’; and 

21 (3) in paragraph (2), by striking ‘‘20’’ and in22 serting ‘‘25’’. 

23 (g) AUTHORIZED LAW ENFORCEMENT ACTIVITIES.— 

24 Chapter 75 of title 18, United States Code, is amended 

25 by adding after section 1547 the following: 


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1 ‘‘§ 1548. Authorized law enforcement activities 

2 ‘‘Nothing in this chapter may be construed to pro3 hibit— 

4 ‘‘(1) any lawfully authorized investigative, pro5 tective, or intelligence activity of a law enforcement 

6 agency of the United States, a State, or a political 

7 subdivision of a State, or an intelligence agency of 

8 the United States; or 

9 ‘‘(2) any activity authorized under title V of the 

10 Organized Crime Control Act of 1970 (Public Law 

11 91–452; 84 Stat. 933).’’. 

12 (h) TABLE OF SECTIONS AMENDMENT.—The table 

13 of sections for chapter 75 of title 18, United States Code, 

14 is amended to read as follows: 

‘‘Sec. 

‘‘1541. Trafficking in passports. 

‘‘1542. False statement in an application for a passport. 

‘‘1543. Forgery or false use of a passport. 

‘‘1544. Misuse of a passport. 

‘‘1545. Schemes to provide fraudulent immigration services. 

‘‘1546. Immigration and visa fraud. 

‘‘1547. Alternative imprisonment maximum for certain offenses. 

‘‘1548. Authorized law enforcement activities.’’. 

15 SEC. 3708. COMBATING SCHEMES TO DEFRAUD ALIENS. 

16 (a) REGULATIONS, FORMS, AND PROCEDURES.—The 

17 Secretary and the Attorney General, for matters within 

18 their respective jurisdictions arising under the immigra19 tion laws, shall promulgate appropriate regulations, forms, 

20 and procedures defining the circumstances in which— 


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1 (1) persons submitting applications, petitions, 

2 motions, or other written materials relating to immi3 gration benefits or relief from removal under the im4 migration laws will be required to identify who 

5 (other than immediate family members) assisted 

6 them in preparing or translating the immigration 

7 submissions; and 

8 (2) any person or persons who received com9 pensation (other than a nominal fee for copying, 

10 mailing, or similar services) in connection with the 

11 preparation, completion, or submission of such mate12 rials will be required to sign the form as a preparer 

13 and provide identifying information. 

14 (b) CIVIL INJUNCTIONS AGAINST IMMIGRATION

15 SERVICE PROVIDER.—The Attorney General may com16 mence a civil action in the name of the United States to 

17 enjoin any immigration service provider from further en18 gaging in any fraudulent conduct that substantially inter19 feres with the proper administration of the immigration 

20 laws or who willfully misrepresents such provider’s legal 

21 authority to provide representation before the Department 

22 of Justice or the Department. 

23 (c) DEFINITIONS.—In this section: 

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1 tion 101(a)(17) of the Immigration and Nationality 

2 Act (8 U.S.C. 1101(a)(17)). 

3 (2) IMMIGRATION SERVICE PROVIDER.—The 

4 term ‘‘immigration service provider’’ means any indi5 vidual or entity (other than an attorney or individual 

6 otherwise authorized to provide representation in im7 migration proceedings as provided in Federal regula8 tion) who, for a fee or other compensation, provides 

9 any assistance or representation to aliens in relation 

10 to any filing or proceeding relating to the alien 

11 which arises, or which the provider claims to arise, 

12 under the immigration laws, executive order, or pres13 idential proclamation. 

14 SEC. 3709. INADMISSIBILITY AND REMOVAL FOR PASSPORT 

15 AND IMMIGRATION FRAUD OFFENSES. 

16 (a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) (8 

17 U.S.C. 1182(a)(2)(A)(i)) is amended— 

18 (1) in subclause (I), by striking ‘‘, or’’ at the 

19 end and inserting a semicolon; 

20 (2) in subclause (II), by striking the comma at 

21 the end and inserting ‘‘; or’’; and 

22 (3) by inserting after subclause (II) the fol23 lowing: 

24 ‘‘(III) a violation of section 1541, 

25 1545, and subsection (b) of section 


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1 1546 of title 18, United States 

2 Code,’’. 

3 (b) REMOVAL.—Section 237(a)(3)(B)(iii) (8 U.S.C. 

4 1227(a)(3)(B)(iii)) is amended to read as follows: 

5 ‘‘(iii) of a violation of section 1541, 

6 1545, and subsection (b) of section 1546 

7 of title 18, United States Code,’’. 

8 (c) EFFECTIVE DATE.—The amendments made by 

9 subsections (a) and (b) shall apply to proceedings pending 

10 on or after the date of the enactment of this Act, with 

11 respect to conduct occurring on or after that date. 

12 SEC. 3710. DIRECTIVES RELATED TO PASSPORT AND DOCU13 MENT FRAUD. 

14 (a) DIRECTIVE TO THE UNITED STATES SEN15 TENCING COMMISSION.— 

16 (1) IN GENERAL.—Pursuant to the authority 

17 under section 994 of title 28, United States Code, 

18 the United States Sentencing Commission shall pro19 mulgate or amend the sentencing guidelines, policy 

20 statements, and official commentaries, if appro21 priate, related to passport fraud offenses, including 

22 the offenses described in chapter 75 of title 18, 

23 United States Code, as amended by section 3707, to 

24 reflect the serious nature of such offenses. 


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1 (2) REPORT.—Not later than 1 year after the 

2 date of the enactment of this Act, the United States 

3 Sentencing Commission shall submit a report on the 

4 implementation of this subsection to— 

5 (A) the Committee on the Judiciary of the 

6 Senate; and 

7 (B) the Committee on the Judiciary of the 

8 House of Representatives. 

9 (b) PROTECTION FOR LEGITIMATE REFUGEES AND

10 ASYLUM SEEKERS.— 

11 (1) IN GENERAL.— 

12 (A) REQUIREMENT FOR GUIDELINES.— 

13 The Attorney General, in consultation with the 

14 Secretary, shall develop binding prosecution 

15 guidelines for Federal prosecutors to ensure 

16 that each prosecution of an alien seeking entry 

17 into the United States by fraud is consistent 

18 with the United States treaty obligations under 

19 Article 31(1) of the Convention Relating to the 

20 Status of Refugees, done at Geneva July 28, 

21 1951 (as made applicable by the Protocol Relat22 ing to the Status of Refugees, done at New 

23 York January 31, 1967 (19 UST 6223)). 

24 (B) NO PRIVATE RIGHT OF ACTION.—The 

25 guidelines developed pursuant to subparagraph 


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1 (A), and any internal office procedures related 

2 to such guidelines— 

3 (i) are intended solely for the guid4 ance of attorneys of the United States; and 

5 (ii) are not intended to, do not, and 

6 may not be relied upon to, create any right 

7 or benefit, substantive or procedural, en8 forceable at law by any party in any ad9 ministrative, civil, or criminal matter. 

10 (2) PROTECTION OF VULNERABLE PERSONS.— 

11 A person described in paragraph (3) may not be 

12 prosecuted under chapter 75 of title 18, United 

13 States Code, or under section 275 or 276 of the Im14 migration and Nationality Act (8 U.S.C. 1325 and 

15 1326), in connection with the person’s entry or at16 tempted entry into the United States until after the 

17 date on which the person’s application for such pro18 tection, classification, or status has been adjudicated 

19 and denied in accordance with the Immigration and 

20 Nationality Act (8 U.S.C. 1101 et seq.). 

21 (3) PERSONS SEEKING PROTECTION, CLASSI22 FICATION, OR STATUS.—A person described in this 

23 paragraph is a person who— 

24 (A) is seeking protection, classification, or 

25 status; and 


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1 (B)(i) has filed an application for asylum 

2 under section 208 of the Immigration and Na3 tionality Act (8 U.S.C. 1158), withholding of 

4 removal under section 241(b)(3) of such Act (8 

5 U.S.C. 1231(b)(3)), or relief under the Conven6 tion against Torture and Other Cruel, Inhuman 

7 or Degrading Treatment or Punishment, done 

8 at New York, December 10, 1994, pursuant to 

9 title 8, Code of Federal Regulations; 

10 (ii) indicates immediately after apprehen11 sion, that he or she intends to apply for such 

12 asylum, withholding of removal, or relief and 

13 promptly files the appropriate application; 

14 (iii) has been referred for a credible fear 

15 interview, a reasonable fear interview, or an 

16 asylum-only hearing under section 235 of the 

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

18 1225) or part 208 of title 8, Code of Federal 

19 Regulations; or 

20 (iv) has filed an application for classifica21 tion or status under— 

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1 gration and Nationality Act (8 U.S.C. 

2 1101(a)); or 

3 (II) section 216(c)(4)(C) or 

4 240A(b)(2) of such Act (8 U.S.C. 

5 1186a(c)(4)(C) and 1229b(b)(2)). 

6 SEC. 3711. INADMISSIBLE ALIENS. 

7 (a) DETERRING ALIENS ORDERED REMOVED FROM

8 REMAINING IN THE UNITED STATES UNLAWFULLY.— 

9 Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is amend10 ed— 

11 (1) in clause (i), by striking ‘‘seeks admission 

12 within 5 years of the date of such removal (or within 

13 20 years’’ and inserting ‘‘seeks admission not later 

14 than 5 years after the date of the alien’s removal (or 

15 not later than 20 years after the alien’s removal’’; 

16 and 

17 (2) in clause (ii), by striking ‘‘seeks admission 

18 within 10 years of the date of such alien’s departure 

19 or removal (or within 20 years of’’ and inserting 

20 ‘‘seeks admission not later than 10 years after the 

21 date of the alien’s departure or removal (or not later 

22 than 20 years after’’. 

23 (b) BIOMETRIC SCREENING.—Section 212 (8 U.S.C. 

24 1182) is amended— 


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1 (1) in subsection (a)(7), by adding at the end 

2 the following: 

3 ‘‘(C) WITHHOLDING INFORMATION.—Ex4 cept as provided in subsection (d)(2), any alien 

5 who willfully, through his or her own fault, re6 fuses to comply with a lawful request for bio7 metric information is inadmissible.’’; and 

8 (2) in subsection (d), by inserting after para9 graph (1) the following: 

10 ‘‘(2) The Secretary may waive the application 

11 of subsection (a)(7)(C) for an individual alien or a 

12 class of aliens.’’. 

13 (c) PRECLUDING ADMISSIBILITY OF ALIENS CON14 VICTED OF SERIOUS CRIMINAL OFFENSES AND DOMESTIC

15 VIOLENCE, STALKING, CHILD ABUSE, AND VIOLATION OF

16 PROTECTION ORDERS.— 

17 (1) INADMISSIBILITY ON CRIMINAL AND RE18 LATED GROUNDS; WAIVERS.—Section 212 (8 U.S.C. 

19 1182), as amended by this Act, is further amend20 ed— 

21 (A) in subsection (a)(2), as amended by 

22 sections 3401 and 3402, is further amended by 

23 inserting after subparagraph (J) the following: 


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1 ‘‘(K) CRIMES OF DOMESTIC VIOLENCE, 

2 STALKING, OR VIOLATION OF PROTECTIVE OR3 DERS; CRIMES AGAINST CHILDREN.— 

4 ‘‘(i) DOMESTIC VIOLENCE, STALKING, 

5 AND CHILD ABUSE.— 

6 ‘‘(I) IN GENERAL.—Any alien 

7 who has been convicted of a crime of 

8 domestic violence, a crime of stalking, 

9 or a crime of child abuse, child ne10 glect, or child abandonment, provided 

11 the alien served at least 1 year impris12 onment for the crime, or provided the 

13 alien was convicted of offenses consti14 tuting more than 1 such crime, not 

15 arising out of a single scheme of 

16 criminal misconduct, is inadmissible. 

17 ‘‘(II) CRIME OF DOMESTIC VIO18 LENCE DEFINED.—In this clause, the 

19 term ‘crime of domestic violence’ 

20 means any crime of violence (as de21 fined in section 16 of title 18, United 

22 States Code) against a person com23 mitted by a current or former spouse 

24 of the person, by an individual with 

25 whom the person shares a child in 


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1 common, by an individual who is co2 habiting with or has cohabited with 

3 the person as a spouse, by an indi4 vidual similarly situated to a spouse 

5 of the person under the domestic or 

6 family violence laws of the jurisdiction 

7 where the offense occurs, or by any 

8 other individual against a person who 

9 is protected from that individual’s 

10 acts under the domestic or family vio11 lence laws of the United States or any 

12 State, Indian tribal government, or 

13 unit of local or foreign government. 

14 ‘‘(ii) VIOLATORS OF PROTECTION OR15 DERS.— 

16 ‘‘(I) IN GENERAL.—Any alien 

17 who at any time is enjoined under a 

18 protection order issued by a court and 

19 whom the court determines has en20 gaged in conduct that constitutes 

21 criminal contempt of the portion of a 

22 protection order that involves protec23 tion against credible threats of vio24 lence, repeated harassment, or bodily 

25 injury to the person or persons for 


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1 whom the protection order was issued, 

2 is inadmissible. 

3 ‘‘(II) PROTECTION ORDER DE4 FINED.—In this clause, the term ‘pro5 tection order’ means any injunction 

6 issued for the purpose of preventing 

7 violent or threatening acts of domestic 

8 violence, including temporary or final 

9 orders issued by civil or criminal 

10 courts (other than support or child 

11 custody orders or provisions) whether 

12 obtained by filing an independent ac13 tion or as an independent order in an14 other proceeding. 

15 ‘‘(iii) APPLICABILITY.—This subpara16 graph shall not apply to an alien who has 

17 been battered or subjected to extreme cru18 elty and who is not and was not the pri19 mary perpetrator of violence in the rela20 tionship, upon a determination by the At21 torney General or the Secretary of Home22 land Security that— 

23 ‘‘(I) the alien was acting in self24 defense; 


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1 ‘‘(II) the alien was found to have 

2 violated a protection order intended to 

3 protect the alien; or 

4 ‘‘(III) the alien committed, was 

5 arrested for, was convicted of, or pled 

6 guilty to committing a crime that did 

7 not result in serious bodily injury.’’; 

8 and 

9 (B) in subsection (h)— 

10 (i) by striking ‘‘The Attorney General 

11 may, in his discretion, waive the applica12 tion of subparagraphs (A)(i)(I), (B), (D), 

13 and (E) of subsection (a)(2)’’ and inserting 

14 ‘‘The Attorney General or the Secretary of 

15 Homeland Security may waive the applica16 tion of subparagraphs (A)(i)(I), (B), (D), 

17 and (E) of subsection (a)(2)’’; and 

18 (ii) by inserting ‘‘or the Secretary of 

19 Homeland Security’’ after ‘‘the Attorney 

20 General’’ each place that term appears. 

21 (2) EFFECTIVE DATE.—The amendments made 

22 by this subsection shall apply to any acts that oc23 curred on or after the date of the enactment of this 

24 Act. 


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1 SEC. 3712. ORGANIZED AND ABUSIVE HUMAN SMUGGLING 

2 ACTIVITIES. 

3 (a) ENHANCED PENALTIES.— 

4 (1) IN GENERAL.—Title II (8 U.S.C. 1151 et 

5 seq.) is amended by adding at the end the following: 

6 ‘‘SEC. 295. ORGANIZED HUMAN SMUGGLING. 

7 ‘‘(a) PROHIBITED ACTIVITIES.—Whoever, while act8 ing for profit or other financial gain, knowingly directs 

9 or participates in an effort or scheme to assist or cause 

10 5 or more persons (other than a parent, spouse, or child 

11 of the offender)— 

12 ‘‘(1) to enter, attempt to enter, or prepare to 

13 enter the United States— 

14 ‘‘(A) by fraud, falsehood, or other corrupt 

15 means; 

16 ‘‘(B) at any place other than a port or 

17 place of entry designated by the Secretary; or 

18 ‘‘(C) in a manner not prescribed by the im19 migration laws and regulations of the United 

20 States; or 

21 ‘‘(2) to travel by air, land, or sea toward the 

22 United States (whether directly or indirectly)— 

23 ‘‘(A) knowing that the persons seek to 

24 enter or attempt to enter the United States 

25 without lawful authority; and 


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1 ‘‘(B) with the intent to aid or further such 

2 entry or attempted entry; or 

3 ‘‘(3) to be transported or moved outside of the 

4 United States— 

5 ‘‘(A) knowing that such persons are aliens 

6 in unlawful transit from 1 country to another 

7 or on the high seas; and 

8 ‘‘(B) under circumstances in which the 

9 persons are in fact seeking to enter the United 

10 States without official permission or legal au11 thority; 

12 shall be punished as provided in subsection (c) or 

13 (d). 

14 ‘‘(b) CONSPIRACY AND ATTEMPT.—Any person who 

15 attempts or conspires to violate subsection (a) of this sec16 tion shall be punished in the same manner as a person 

17 who completes a violation of such subsection. 

18 ‘‘(c) BASE PENALTY.—Except as provided in sub19 section (d), any person who violates subsection (a) or (b) 

20 shall be fined under title 18, imprisoned for not more than 

21 20 years, or both. 

22 ‘‘(d) ENHANCED PENALTIES.—Any person who vio23 lates subsection (a) or (b) shall— 

24 ‘‘(1) in the case of a violation during and in re25 lation to which a serious bodily injury (as defined in 


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1 section 1365 of title 18) occurs to any person, be 

2 fined under title 18, imprisoned for not more than 

3 30 years, or both; 

4 ‘‘(2) in the case of a violation during and in re5 lation to which the life of any person is placed in 

6 jeopardy, be fined under title 18, imprisoned for not 

7 more than 30 years, or both; 

8 ‘‘(3) in the case of a violation involving 10 or 

9 more persons, be fined under title 18, imprisoned for 

10 not more than 30 years, or both; 

11 ‘‘(4) in the case of a violation involving the 

12 bribery or corruption of a U.S. or foreign govern13 ment official, be fined under title 18, imprisoned for 

14 not more than 30 years, or both; 

15 ‘‘(5) in the case of a violation involving robbery 

16 or extortion (as those terms are defined in para17 graph (1) or (2), respectively, of section 1951(b)) be 

18 fined under title 18, imprisoned for not more than 

19 30 years, or both; 

20 ‘‘(6) in the case of a violation during and in re21 lation to which any person is subjected to an invol22 untary sexual act (as defined in section 2246(2) of 

23 title 18), be fined under title 18, imprisoned for not 

24 more than 30 years, or both; or 


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1 ‘‘(7) in the case of a violation resulting in the 

2 death of any person, be fined under title 18, impris3 oned for any term of years or for life, or both. 

4 ‘‘(e) LAWFUL AUTHORITY DEFINED.— 

5 ‘‘(1) IN GENERAL.—In this section, the term 

6 ‘lawful authority’— 

7 ‘‘(A) means permission, authorization, or 

8 license that is expressly provided for in the im9 migration laws of the United States or accom10 panying regulations; and 

11 ‘‘(B) does not include any such authority 

12 secured by fraud or otherwise obtained in viola13 tion of law, nor does it include authority 

14 sought, but not approved. 

15 ‘‘(2) APPLICATION TO TRAVEL OR ENTRY.—No 

16 alien shall be deemed to have lawful authority to 

17 travel to or enter the United States if such travel or 

18 entry was, is, or would be in violation of law. 

19 ‘‘(f) EFFORT OR SCHEME.—For purposes of this sec20 tion, ‘effort or scheme to assist or cause 5 or more per21 sons’ does not require that the 5 or more persons enter, 

22 attempt to enter, prepare to enter, or travel at the same 

23 time so long as the acts are completed within 1 year. 


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1 ‘‘SEC. 296. UNLAWFULLY HINDERING IMMIGRATION, BOR2 DER, AND CUSTOMS CONTROLS. 

3 ‘‘(a) ILLICIT SPOTTING.—Whoever knowingly trans4 mits to another person the location, movement, or activi5 ties of any Federal, State, or tribal law enforcement agen6 cy with the intent to further a Federal crime relating to 

7 United States immigration, customs, controlled sub8 stances, agriculture, monetary instruments, or other bor9 der controls shall be fined under title 18, imprisoned not 

10 more than 10 years, or both. 

11 ‘‘(b) DESTRUCTION OF UNITED STATES BORDER

12 CONTROLS.—Whoever knowingly and without lawful au13 thorization destroys, alters, or damages any fence, barrier, 

14 sensor, camera, or other physical or electronic device de15 ployed by the Federal Government to control the border 

16 or a port of entry or otherwise seeks to construct, exca17 vate, or make any structure intended to defeat, circumvent 

18 or evade any such fence, barrier, sensor camera, or other 

19 physical or electronic device deployed by the Federal gov20 ernment to control the border or a port of entry shall be 

21 fined under title 18, imprisoned not more than 10 years, 

22 or both, and if, at the time of the offense, the person uses 

23 or carries a firearm or who, in furtherance of any such 

24 crime, possesses a firearm, that person shall be fined 

25 under title 18, imprisoned not more than 20 years, or 

26 both. 


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1 ‘‘(c) CONSPIRACY AND ATTEMPT.—Any person who 

2 attempts or conspires to violate subsection (a) or (b) of 

3 this section shall be punished in the same manner as a 

4 person who completes a violation of such subsection.’’. 

5 (2) TABLE OF CONTENTS AMENDMENT.—The 

6 table of contents is amended by adding after the 

7 item relating to section 294 the following: 

‘‘Sec. 295. Organized human smuggling. 

‘‘Sec. 296. Unlawfully hindering immigration, border, and customs controls.’’. 

8 (b) PROHIBITING CARRYING OR USE OF A FIREARM

9 DURING AND IN RELATION TO AN ALIEN SMUGGLING

10 CRIME.—Section 924(c) of title 18, United States Code, 

11 is amended— 

12 (1) in paragraph (1)— 

13 (A) in subparagraph (A), by inserting ‘‘, 

14 alien smuggling crime,’’ after ‘‘crime of vio15 lence’’ each place that term appears; and 

16 (B) in subparagraph (D)(ii), by inserting 

17 ‘‘, alien smuggling crime,’’ after ‘‘crime of vio18 lence’’; and 

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

20 ‘‘(6) For purposes of this subsection, the term ‘alien 

21 smuggling crime’ means any felony punishable under sec22 tion 274(a), 277, or 278 of the Immigration and Nation23 ality Act (8 U.S.C. 1324(a), 1327, and 1328).’’. 


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1 (c) STATUTE OF LIMITATIONS.—Section 3298 of title 

2 18, United States Code, is amended by inserting ‘‘, 295, 

3 296, or 297’’ after ‘‘274(a)’’. 

4 SEC. 3713. PREVENTING CRIMINALS FROM RENOUNCING 

5 CITIZENSHIP DURING WARTIME. 

6 Section 349(a) (8 U.S.C. 1481(a)) is amended— 

7 (1) by striking paragraph (6) ; and 

8 (2) redesignating paragraph (7) as paragraph 

9 (6). 

10 SEC. 3714. DIPLOMATIC SECURITY SERVICE. 

11 Paragraph (1) of section 37(a) of the State Depart12 ment Basic Authorities Act of 1956 (22 U.S.C. 2709(a)) 

13 is amended to read as follows: 

14 ‘‘(1) conduct investigations concerning— 

15 ‘‘(A) illegal passport or visa issuance or 

16 use; 

17 ‘‘(B) identity theft or document fraud af18 fecting or relating to the programs, functions, 

19 and authorities of the Secretary of State; 

20 ‘‘(C) violations of chapter 77 of title 18, 

21 United States Code; and 

22 ‘‘(D) Federal offenses committed within 

23 the special maritime and territorial jurisdiction 

24 of the United States (as defined in section 7(9) 

25 of title 18, United States Code);’’. 


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1 SEC. 3715. SECURE ALTERNATIVES PROGRAMS. 

2 (a) IN GENERAL.—The Secretary shall establish se3 cure alternatives programs that incorporate case manage4 ment services in each field office of the Department to 

5 ensure appearances at immigration proceedings and public 

6 safety. 

7 (b) CONTRACT AUTHORITY.—The Secretary shall 

8 contract with nongovernmental community-based organi9 zations to conduct screening of detainees, provide appear10 ance assistance services, and operate community-based su11 pervision programs. Secure alternatives shall offer a con12 tinuum of supervision mechanisms and options, including 

13 community support, depending on an assessment of each 

14 individual’s circumstances. The Secretary may contract 

15 with nongovernmental organizations to implement secure 

16 alternatives that maintain custody over the alien. 

17 (c) INDIVIDUALIZED DETERMINATIONS.—In deter18 mining whether to use secure alternatives, the Secretary 

19 shall make an individualized determination, and for each 

20 individual placed on secure alternatives, shall review the 

21 level of supervision on a monthly basis. Secure alternatives 

22 shall not be used when release on bond or recognizance 

23 is determined to be a sufficient measure to ensure appear24 ances at immigration proceedings and public safety. 

25 (d) CUSTODY.—The Secretary may use secure alter26 natives programs to maintain custody over any alien deVerDate Mar 15 2010 19:31 Jul 09, 2013 Jkt 029200 PO 00000 Frm 00804 Fmt 6652 Sfmt 6201 E:\BILLS\S744.PAP S744

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1 tained under the Immigration and Nationality Act, except 

2 for aliens detained under section 236A of such Act (8 

3 U.S.C. 1226a). If an individual is not eligible for release 

4 from custody or detention, the Secretary shall consider the 

5 alien for placement in secure alternatives that maintain 

6 custody over the alien, including the use of electronic ankle 

7 devices. 

8 SEC. 3716. OVERSIGHT OF DETENTION FACILITIES. 

9 (a) DEFINITIONS.—In this section: 

10 (1) APPLICABLE STANDARDS.—The term ‘‘ap11 plicable standards’’ means the most recent version of 

12 detention standards and detention-related policies 

13 issued by the Secretary or the Director of U.S. Im14 migration and Customs Enforcement. 

15 (2) DETENTION FACILITY.—The term ‘‘deten16 tion facility’’ means a Federal, State, or local gov17 ernment facility, or a privately owned and operated 

18 facility, that is used, in whole or in part, to hold in19 dividuals under the authority of the Director of U.S. 

20 Immigration and Customs Enforcement, including 

21 facilities that hold such individuals under a contract 

22 or agreement with the Director. 

23 (b) DETENTION REQUIREMENTS.—The Secretary 

24 shall ensure that all persons detained pursuant to the Im25 migration and Nationality Act (8 U.S.C. 1101 et seq.) are 


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1 treated humanely and benefit from the protections set 

2 forth in this section. 

3 (c) OVERSIGHT REQUIREMENTS.— 

4 (1) ANNUAL INSPECTION.—All detention facili5 ties shall be inspected by the Secretary on a regular 

6 basis, but not less than annually, for compliance 

7 with applicable detention standards issued by the 

8 Secretary and other applicable regulations. 

9 (2) ROUTINE OVERSIGHT.—In addition to an10 nual inspections, the Secretary shall conduct routine 

11 oversight of detention facilities, including unan12 nounced inspections. 

13 (3) AVAILABILITY OF RECORDS.—All detention 

14 facility contracts, memoranda of agreement, and 

15 evaluations and reviews shall be considered records 

16 for purposes of section 552(f)(2) of title 5, United 

17 States Code. 

18 (4) CONSULTATION.—The Secretary shall seek 

19 input from nongovernmental organizations regarding 

20 their independent opinion of specific facilities. 

21 (d) COMPLIANCE MECHANISMS.— 

22 (1) AGREEMENTS.— 

23 (A) NEW AGREEMENTS.—Compliance with 

24 applicable standards of the Secretary and all 

25 applicable regulations, and meaningful financial 


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1 penalties for failure to comply, shall be a mate2 rial term in any new contract, memorandum of 

3 agreement, or any renegotiation, modification, 

4 or renewal of an existing contract or agreement, 

5 including fee negotiations, executed with deten6 tion facilities. 

7 (B) EXISTING AGREEMENTS.—Not later 

8 than 180 days after the date of the enactment 

9 of this Act, the Secretary shall secure a modi10 fication incorporating these terms for any exist11 ing contracts or agreements that will not be re12 negotiated, renewed, or otherwise modified. 

13 (C) CANCELLATION OF AGREEMENTS.— 

14 Unless the Secretary provides a reasonable ex15 tension to a specific detention facility that is 

16 negotiating in good faith, contracts or agree17 ments with detention facilities that are not 

18 modified within 1 year of the date of the enact19 ment of this Act will be cancelled. 

20 (D) PROVISION OF INFORMATION.—In 

21 making modifications under this paragraph, the 

22 Secretary shall require that detention facilities 

23 provide to the Secretary all contracts, memo24 randa of agreement, evaluations, and reviews 

25 regarding the facility on a regular basis. The 


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1 Secretary shall make these materials publicly 

2 available. 

3 (2) FINANCIAL PENALTIES.— 

4 (A) REQUIREMENT TO IMPOSE.—Subject 

5 to subparagraph (C), the Secretary shall impose 

6 meaningful financial penalties upon facilities 

7 that fail to comply with applicable detention 

8 standards issued by the Secretary and other ap9 plicable regulations. 

10 (B) TIMING OF IMPOSITION.—Financial 

11 penalties imposed under subparagraph (A) shall 

12 be imposed immediately after a facility fails to 

13 achieve an adequate or the equivalent median 

14 score in any performance evaluation. 

15 (C) WAIVER.—The requirements of sub16 paragraph (A) may be waived if the facility cor17 rects the noted deficiencies and receives an ade18 quate score in not more than 90 days. 

19 (D) MULTIPLE OFFENDERS.—In cases of 

20 persistent and substantial noncompliance, in21 cluding scoring less than adequate or the equiv22 alent median score in 2 consecutive inspections, 

23 the Secretary shall terminate contracts or 

24 agreements with such facilities within 60 days, 

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1 retary, such facilities shall be closed within 90 

2 days. 

3 (e) REPORTING REQUIREMENTS.— 

4 (1) OBJECTIVES.—Not later than June 30 of 

5 each year, the Secretary shall prepare and submit to 

6 the Committee on the Judiciary of the Senate and 

7 the Committee on the Judiciary of the House of 

8 Representatives a report on inspection and oversight 

9 activities of detention facilities. 

10 (2) CONTENTS.—Each report submitted under 

11 paragraph (1) shall include— 

12 (A) a description of each detention facility 

13 found to be in noncompliance with applicable 

14 detention standards issued by the Department 

15 and other applicable regulations; 

16 (B) a description of the actions taken by 

17 the Department to remedy any findings of non18 compliance or other identified problems, includ19 ing financial penalties, contract or agreement 

20 termination, or facility closure; and 

21 (C) information regarding whether the ac22 tions described in subparagraph (B) resulted in 

23 compliance with applicable detention standards 

24 and regulations. 


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1 SEC. 3717. PROCEDURES FOR BOND HEARINGS AND FILING 

2 OF NOTICES TO APPEAR. 

3 (a) ALIENS IN CUSTODY.—Section 236 (8 U.S.C. 

4 1226) is amended by adding at the end the following: 

5 ‘‘(f) PROCEDURES FOR CUSTODY HEARINGS.—For 

6 any alien taken into custody under any provision of this 

7 Act, with the exception of minors being transferred to or 

8 in the custody of the Office of Refugee Resettlement, the 

9 following shall apply: 

10 ‘‘(1) The Secretary of Homeland Security shall, 

11 without unnecessary delay and not later than 72 

12 hours after the alien is taken into custody, file the 

13 Notice to Appear or other relevant charging docu14 ment with the immigration court having jurisdiction 

15 over the location where the alien was apprehended, 

16 and serve such notice on the alien. 

17 ‘‘(2) The Secretary shall immediately determine 

18 whether the alien shall remain in custody or be re19 leased and, without unnecessary delay and not later 

20 than 72 hours after the alien was taken into cus21 tody, serve upon the alien the custody decision speci22 fying the reasons for continued custody and the 

23 amount of bond if any. 

24 ‘‘(3) The Attorney General shall ensure the 

25 alien has the opportunity to appear before an immi26 gration judge for a custody determination hearing 


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1 promptly after service of the Secretary’s custody de2 cision. The immigration judge may, on the Sec3 retary’s motion and upon a showing of good cause, 

4 postpone a custody redetermination hearing for no 

5 more than 72 hours after service of the custody deci6 sion, except that in no case shall the hearing occur 

7 more than 6 days (including weekends and holidays) 

8 after the alien was taken into custody. 

9 ‘‘(4) The immigration judge shall advise the 

10 alien of the right to postpone the custody determina11 tion hearing and shall, on the oral or written request 

12 of the individual, postpone the custody determina13 tion hearing for a period of not more than 14 days. 

14 ‘‘(5) Except for aliens that the immigration 

15 judge has determined are deportable under section 

16 236(c) or certified under section 236A, the immigra17 tion judge shall review the custody determination de 

18 novo and may continue to detain the alien only if the 

19 Secretary demonstrates that no conditions, including 

20 the use of alternatives to detention that maintain 

21 custody over the alien, will reasonably assure the ap22 pearance of the alien as required and the safety of 

23 any other person and the community. For aliens 

24 whom the immigration judge has determined are de25 portable under section 236(c), the immigration judge 


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1 may review the custody determination if the Sec2 retary agrees the alien is not a danger to the com3 munity, and alternatives to detention exist that en4 sure the appearance of the alien, as required, and 

5 the safety of any other person and the community. 

6 ‘‘(6) In the case of any alien remaining in cus7 tody after a custody determination, the Attorney 

8 General shall provide de novo custody determination 

9 hearings before an immigration judge every 90 days 

10 so long as the alien remains in custody. An alien 

11 may also obtain a de novo custody redetermination 

12 hearing at any time upon a showing of good cause. 

13 ‘‘(7) The Secretary shall inform the alien of his 

14 or her rights under this paragraph at the time the 

15 alien is first taken into custody.’’. 

16 (b) LIMITATIONS ON SOLITARY CONFINEMENT.— 

17 (1) IN GENERAL.—Section 236(d) (8 U.S.C. 

18 1226(d)) is amended by adding at the end the fol19 lowing: 

20 ‘‘(3) NATURE OF DETENTION.— 

21 ‘‘(A) DEFINITIONS.—In this paragraph: 

22 ‘‘(i) ADMINISTRATIVE SEGREGA23 TION.—The term ‘administrative segrega24 tion’ means a nonpunitive form of solitary 

25 confinement for administrative reasons. 


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1 ‘‘(ii) DISCIPLINARY SEGREGATION.— 

2 The term ‘disciplinary segregation’ means 

3 a punitive form of solitary confinement for 

4 disciplinary reasons. 

5 ‘‘(iii) SERIOUS MENTAL ILLNESS.— 

6 The term ‘serious mental illness’ means a 

7 substantial disorder of thought or mood 

8 that significantly impairs judgment, behav9 ior, capacity to recognize reality, or ability 

10 to cope with the ordinary demands of life. 

11 ‘‘(iv) SOLITARY CONFINEMENT.—The 

12 term ‘solitary confinement’ means cell con13 finement of 22 hours or more per day. 

14 ‘‘(B) LIMITATIONS ON SOLITARY CONFINE15 MENT.— 

16 ‘‘(i) IN GENERAL.—The use of soli17 tary confinement of an alien in custody 

18 pursuant to this section, section 235, or 

19 section 241 shall be limited to situations in 

20 which such confinement— 

21 ‘‘(I) is necessary— 

22 ‘‘(aa) to control a threat to 

23 detainees, staff, or the security of 

24 the facility; 


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1 ‘‘(bb) to discipline the alien 

2 for a serious disciplinary infrac3 tion if alternative sanctions 

4 would not adequately regulate 

5 the alien’s behavior; or 

6 ‘‘(cc) for good order during 

7 the last 24 hours before an alien 

8 is released, removed, or trans9 ferred from the facility; 

10 ‘‘(II) is limited to the briefest 

11 term and under the least restrictive 

12 conditions practicable and consistent 

13 with the rationale for placement and 

14 with the progress achieved by the 

15 alien; and 

16 ‘‘(III) complies with the require17 ments set forth in this subparagraph. 

18 ‘‘(ii) CHILDREN.—Children who are 

19 younger than 18 years of age may not be 

20 placed in solitary confinement. 

21 ‘‘(iii) SERIOUS MENTAL ILLNESS.— 

22 ‘‘(I) IN GENERAL.—An alien with 

23 a serious mental illness may not be 

24 placed in involuntary solitary confine25 ment due to mental illness unless— 


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1 ‘‘(aa) such confinement is 

2 necessary for the alien’s own pro3 tection; or 

4 ‘‘(bb) if the alien requires 

5 emergency stabilization or poses 

6 a significant threat to staff or 

7 others in general population. 

8 ‘‘(II) MAXIMUM PERIOD.—An 

9 alien diagnosed with serious mental 

10 illness may not be placed in solitary 

11 confinement for more than 15 days 

12 unless the Secretary of Homeland Se13 curity determines that— 

14 ‘‘(aa) any less restrictive al15 ternative is more likely than not 

16 to cause greater harm to the 

17 alien than the solitary confine18 ment period imposed; or 

19 ‘‘(bb) the likely harm to the 

20 alien is not substantial and the 

21 period of solitary confinement is 

22 the least restrictive alternative 

23 necessary to protect the alien, 

24 other detainees, or others. 

25 ‘‘(iv) OWN PROTECTION.— 


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1 ‘‘(I) IN GENERAL.—Involuntary 

2 solitary confinement for an alien’s 

3 own protection may be used only for 

4 the least amount of time practicable 

5 and if no readily available and less re6 strictive alternative will maintain the 

7 alien’s safety. 

8 ‘‘(II) MAXIMUM PERIOD.—An 

9 alien may not be placed in involuntary 

10 solitary confinement for the alien’s 

11 own protection for longer than 15 

12 days unless the Secretary of Home13 land Security determines that any less 

14 restrictive alternative is more likely 

15 than not to cause greater harm to the 

16 alien than the solitary confinement pe17 riod imposed. 

18 ‘‘(III) PROHIBITED FACTORS.— 

19 The Secretary of Homeland Security 

20 may not rely solely on an alien’s age, 

21 physical disability, sexual orientation, 

22 gender identity, race, or religion. The 

23 Secretary shall make an individualized 

24 assessment in each case. 


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1 ‘‘(v) MEDICAL CARE.—An alien placed 

2 in solitary confinement— 

3 ‘‘(I) shall be visited by a medical 

4 professional at least 3 times each 

5 week; 

6 ‘‘(II) shall receive at least weekly 

7 mental health monitoring by a li8 censed mental health clinician; and 

9 ‘‘(III) shall be removed from soli10 tary confinement if— 

11 ‘‘(aa) a mental health clini12 cian determines that such deten13 tion is having a significant nega14 tive impact on the alien’s mental 

15 health; and 

16 ‘‘(bb) an appropriate alter17 native is available. 

18 ‘‘(vi) NOTIFICATION; ACCESS TO

19 COUNSEL.—If an alien is placed in solitary 

20 confinement, the alien— 

21 ‘‘(I) shall be informed verbally, 

22 and in writing, of the reason for such 

23 confinement and the intended dura24 tion of such confinement, if specified 

25 at the time of initial placement; and 


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1 ‘‘(II) shall be offered access to 

2 counsel on the same basis as detainees 

3 in the general population. 

4 ‘‘(vii) LONGER SOLITARY CONFINE5 MENT PERIODS.—If an alien has been sub6 ject to involuntary solitary confinement for 

7 more than 14 consecutive days, the Sec8 retary of Homeland Security shall conduct 

9 a timely review to determine whether con10 tinued placement is justified by an extreme 

11 disciplinary infraction or is the least re12 strictive means of protecting the alien or 

13 others. Any alien held in solitary confine14 ment for more than 7 days shall be given 

15 a reasonable opportunity to challenge such 

16 placement with the detention facility ad17 ministrator, which will promptly respond to 

18 such challenge in writing. 

19 ‘‘(viii) OVERSIGHT.—The Secretary of 

20 Homeland Security shall ensure that— 

21 ‘‘(I) he or she is regularly in22 formed about the use of solitary con23 finement in all facilities at which 

24 aliens are detained; and 


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1 ‘‘(II) the Department fully com2 plies with the provisions under this 

3 paragraph. 

4 ‘‘(C) DISCIPLINARY SEGREGATION.—Dis5 ciplinary segregation is authorized only pursu6 ant to the order of a facility disciplinary panel 

7 following a hearing in which the detainee is de8 termined to have violated a facility rule. 

9 ‘‘(D) ADMINISTRATIVE SEGREGATION.— 

10 Administrative segregation is authorized only as 

11 necessary to ensure the safety of the detainee 

12 or others, the protection of property, or the se13 curity or good order of the facility. Detainees in 

14 administrative segregation shall be offered pro15 gramming opportunities and privileges con16 sistent with those available in the general popu17 lation, except where precluded by safety or se18 curity concerns.’’. 

19 (2) ANNUAL REPORT.—The Secretary shall— 

20 (A) collect and compile information regard21 ing the prevalence, reasons for, and duration of 

22 solitary confinement in all facilities described in 

23 paragraph (3); 

24 (B) submit an annual report containing 

25 the information described in subparagraph (A) 


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1 to Congress not later than 30 days after the 

2 end of the reporting period; and 

3 (C) make the data contained in the report 

4 submitted under subparagraph (B) publicly 

5 available. 

6 (3) RULEMAKING.—The Secretary shall adopt 

7 regulations or policies to carry out section 236(d)(3) 

8 of the Immigration and Nationality Act, as amended 

9 by paragraph (1), at all facilities at which aliens are 

10 detained pursuant to section 235, 236, or 241 of 

11 such Act. 

12 (c) STIPULATED REMOVAL.—Section 240(d) (8 

13 U.S.C. 1229a) is amended to read as follows: 

14 ‘‘(d) STIPULATED REMOVAL.—The Attorney General 

15 shall provide by regulation for the entry by an immigration 

16 judge of an order of removal stipulated to by the alien 

17 (or the alien’s representative) and the Service. An immi18 gration judge may enter a stipulated removal order only 

19 upon a finding at an in-person hearing that the stipulation 

20 is voluntary, knowing, and intelligent. A stipulated order 

21 shall constitute a conclusive determination of the alien’s 

22 removability from the United States.’’. 


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1 SEC. 3718. SANCTIONS FOR COUNTRIES THAT DELAY OR 

2 PREVENT REPATRIATION OF THEIR NATION3 ALS. 

4 Section 243(d) (8 U.S.C. 1253(d)) is amended to 

5 read as follows: 

6 ‘‘(d) DISCONTINUING GRANTING VISAS TO NATION7 ALS OF COUNTRIES THAT DENY OR DELAY ACCEPTING

8 ALIENS.—Notwithstanding section 221(c), if the Sec9 retary of Homeland Security determines, in consultation 

10 with the Secretary of State, that the government of a for11 eign country denies or unreasonably delays accepting 

12 aliens who are citizens, subjects, nationals, or residents 

13 of that country after the Secretary asks whether the gov14 ernment will accept an alien under this section, or after 

15 a determination that the alien is inadmissible under para16 graph (6) or (7) of section 212(a), the Secretary of State 

17 shall order consular officers in that foreign country to dis18 continue granting visas, or classes of visas, until the Sec19 retary of Homeland Security notifies the Secretary of 

20 State that the country has accepted the aliens.’’. 

21 SEC. 3719. GROSS VIOLATIONS OF HUMAN RIGHTS. 

22 (a) INADMISSIBILITY OF CERTAIN ALIENS.—Section 

23 212(a)(3)(E) (8 U.S.C. 1182(a)(3)(E)) is amended by 

24 striking clause (iii) and inserting the following: 

25 ‘‘(iii) COMMISSION OF ACTS OF TOR26 TURE, EXTRAJUDICIAL KILLINGS, WAR


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1 CRIMES, OR WIDESPREAD OR SYSTEMATIC

2 ATTACKS ON CIVILIANS.—Any alien who 

3 planned, ordered, assisted, aided and abet4 ted, committed, or otherwise participated, 

5 including through command responsibility, 

6 in the commission of— 

7 ‘‘(I) any act of torture (as de8 fined in section 2340 of title 18, 

9 United States Code); 

10 ‘‘(II) any extrajudicial killing (as 

11 defined in section 3(a) of the Torture 

12 Victim Protection Act of 1991 (28 

13 U.S.C. 1350 note)) under color of law 

14 of any foreign nation; 

15 ‘‘(III) a war crime (as defined in 

16 section 2441 of title 18, United States 

17 Code); or 

18 ‘‘(IV) any of the following acts as 

19 a part of a widespread or systematic 

20 attack directed against a civilian pop21 ulation, with knowledge of the attack: 

22 murder, extermination, enslavement, 

23 forcible transfer of population, arbi24 trary detention, rape, sexual slavery, 

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1 nancy, enforced sterilization, or any 

2 other form of sexual violence of com3 parable gravity; persecution on polit4 ical racial, national, ethnic, cultural, 

5 religious, or gender grounds; enforced 

6 disappearance of persons; or other in7 humane acts of a similar character in8 tentionally causing great suffering or 

9 serious bodily or mental injury, 

10 is inadmissible. 

11 ‘‘(iv) LIMITATION.—Clause (iii) shall 

12 not apply to an alien if the Secretary of 

13 Homeland Security or the Attorney Gen14 eral determine that the actions giving rise 

15 to the alien’s inadmissibility under such 

16 clause were committed under duress. In 

17 determining whether the alien was subject 

18 to duress, the Secretary may consider, 

19 among relevant factors, the age of the 

20 alien at the time such actions were com21 mitted.’’. 

22 (b) DENYING SAFE HAVEN TO FOREIGN HUMAN

23 RIGHTS VIOLATORS.—Section 2(a)(2) of the Torture Vic24 tim Protection Act of 1991 (28 U.S.C. 1350 note) is 

25 amended— 


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1 (1) by inserting after ‘‘killing’’ the following: ‘‘, 

2 a war crime (as defined in subsections (c) and (d) 

3 of section 2441 of title 18, United States Code), a 

4 widespread or systematic attack on civilians (as de5 fined in section 212(a)(3)(E)(iii)(IV) of the Immi6 gration and Nationality Act), or genocide (as defined 

7 in section 1091(a) of such title 18)’’; and 

8 (2) by striking ‘‘to the individual’s legal rep9 resentative’’ and inserting ‘‘to that individual or to 

10 that individual’s legal representative’’. 

11 (c) NONAPPLICABILITY OF CONFIDENTIALITY RE12 QUIREMENT WITH RESPECT TO VISA RECORDS.—The 

13 President may make public, without regard to the require14 ments under section 222(f) of the Immigration and Na15 tionality Act (8 U.S.C. 1202(f)), with respect to confiden16 tiality of records pertaining to the issuance or refusal of 

17 visas or permits to enter the United States, the names 

18 of aliens deemed inadmissible on the basis of section 

19 212(a)(3)(E)(iii) of such Act, as amended by subsection 

20 (a). 

21 SEC. 3720. REPORTING AND RECORD KEEPING REQUIRE22 MENTS RELATING TO THE DETENTION OF 

23 ALIENS. 

24 (a) IN GENERAL.—In order for Congress and the 

25 public to assess the full costs of apprehending, detaining, 


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1 processing, supervising, and removing aliens, and how the 

2 money Congress appropriates for detention is allocated by 

3 Federal agencies, the Assistant Secretary for Immigration 

4 and Customs and Enforcement (referred to in this section 

5 as the ‘‘Assistant Secretary’’), the Director of the Execu6 tive Office of Immigration Review, and the Commissioner 

7 responsible for U.S. Customs and Border Protection (re8 ferred to in this section as the ‘‘Commissioner’’) shall— 

9 (1) maintain the information required under 

10 subsections (b), (c), and (d); and 

11 (2) submit reports on that information to Con12 gress and make that information available to the 

13 public in accordance with subsection (e). 

14 (b) MAINTENANCE OF INFORMATION BY U.S. IMMI15 GRATION AND CUSTOMS ENFORCEMENT.—The Assistant 

16 Secretary shall record and maintain, in the database of 

17 U.S. Immigration and Customs Enforcement relating to 

18 detained aliens, the following information with respect to 

19 each alien detained pursuant to the Immigration and Na20 tionality Act (8 U.S.C. 1101 et seq.): 

21 (1) The provision of law that provides specific 

22 authority for the alien’s detention and the beginning 

23 and end dates of the alien’s detention pursuant to 

24 that authority. If the alien’s detention is authorized 

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1 ods of time, the Assistant Secretary shall record and 

2 maintain the provision of law that provides authority 

3 for the alien’s detention during each such period. 

4 (2) The place where the alien was apprehended 

5 or where U.S. Immigration and Customs Enforce6 ment assumed custody of the alien. 

7 (3) Each location where U.S. Immigration and 

8 Customs Enforcement detains the alien until the 

9 alien is released from custody or removed from the 

10 United States, including any period of redetention. 

11 (4) The gender and age of each detained alien 

12 in the custody of U.S. Immigration and Customs 

13 Enforcement. 

14 (5) The number of days the alien is detained, 

15 including the number of days spent in any given de16 tention facility and the total amount of time spent 

17 in detention. 

18 (6) The immigration charges that are the basis 

19 for the alien’s removal proceedings. 

20 (7) The status of the alien’s removal pro21 ceedings and each date on which those proceedings 

22 progress from 1 stage of proceeding to another. 

23 (8) The length of time the alien was detained 

24 following a final administrative order of removal and 

25 the reasons for the continued detention. 


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1 (9) The initial custody determination or review 

2 made by U.S. Immigration and Customs Enforce3 ment, including whether the alien received notice of 

4 a custody determination or review and when the cus5 tody determination or review took place. 

6 (10) The risk assessment results for the alien, 

7 including if the alien is subject to mandatory cus8 tody or detention. 

9 (11) The reason for the alien’s release from de10 tention and the conditions of release imposed on the 

11 alien, if applicable. 

12 (c) MAINTENANCE OF INFORMATION BY EXECUTIVE

13 OFFICE OF IMMIGRATION REVIEW.—The Director of the 

14 Executive Office of Immigration Review shall record and 

15 maintain, in the database of the Executive Office of Immi16 gration Review relating to detained aliens in removal pro17 ceedings, the following information with respect to each 

18 such alien: 

19 (1) The immigration charges that are the basis 

20 for the alien’s removal proceedings, including any re21 vision of the immigration charges and the date of 

22 each such revision. 

23 (2) The gender and age of the alien. 


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1 (3) The status of the alien’s removal pro2 ceedings and each date on which those proceedings 

3 progress from one stage of proceeding to another. 

4 (4) The statutory basis for any bond hearing 

5 conducted and the outcomes of the bond hearing. 

6 (5) Whether each court hearing is conducted in 

7 person, by audio link, or by video conferencing. 

8 (6) The date of each attorney entry of appear9 ance before an immigration judge using Form 

10 EOIR–28 and the scope of the appearance to which 

11 the form related. 

12 (d) MAINTENANCE OF INFORMATION BY U.S. CUS13 TOMS AND BORDER PROTECTION.—The Commissioner 

14 shall record and maintain in the database of U.S. Customs 

15 and Border Protection relating to detained aliens the fol16 lowing information with respect to each alien detained 

17 pursuant to the Immigration and Nationality Act (8 

18 U.S.C. 1101 et seq.): 

19 (1) The provision of law that provides specific 

20 authority for the alien’s detention and the beginning 

21 and end dates of the alien’s detention. 

22 (2) The place where the alien was apprehended. 

23 (3) The gender and age of the alien. 

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1 leased from custody or removed from the United 

2 States, including any period of redetention. 

3 (5) The number of days that the alien is de4 tained in the custody of U.S. Customs and Border 

5 Protection. 

6 (6) The immigration charges that are the basis 

7 for the alien’s removal proceedings while the alien is 

8 in the custody of U.S. Customs and Border Protec9 tion. 

10 (7) The initial custody determination by U.S. 

11 Customs and Border Protection, including whether 

12 the alien received notice of a custody determination 

13 or review, when the custody determination or review 

14 took place, and whether U.S. Customs and Border 

15 Protection offered the option of stipulated removal 

16 to a detained alien. 

17 (8) The reason for the alien’s release from de18 tention and the conditions of release to detention im19 posed on the alien, if applicable. 

20 (e) REPORTING REQUIREMENTS.— 

21 (1) PERIODIC REPORTS.—The Assistant Sec22 retary, the Director of the Executive Office of Immi23 gration Review, and the Commissioner shall periodi24 cally, but not less frequently than annually, submit 

25 to Congress a report containing a summary of the 


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1 information required to be maintained by this sec2 tion. Each such report shall include summaries of 

3 national-level data as well as summaries of the infor4 mation required by this section by State and county. 

5 (2) OTHER REPORTS.—The Assistant Secretary 

6 shall report to Congress not less frequently than an7 nually on— 

8 (A) the number of aliens detained for more 

9 than 3 months, 6 months, 1 year, and 2 years; 

10 and 

11 (B) the average period of detention before 

12 receipt of a final administrative order of re13 moval and after receipt of such an order. 

14 (3) AVAILABILITY TO PUBLIC.—The reports re15 quired under this subsection and the information for 

16 each alien on which the reports are based shall be 

17 made available to the public without the need to sub18 mit a request under section 552 of title 5, United 

19 States Code (commonly referred to as the ‘‘Freedom 

20 of Information Act’’). 

21 (4) PRIVACY PROTECTIONS.—No alien’s identity 

22 may be disclosed when information described in 

23 paragraph (3) is made publicly available. 

24 (f) DEFINITIONS.—In this section: 


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1 (1) CASE OUTCOME.—The term ‘‘case outcome’’ 

2 includes a grant of relief from deportation under 

3 section 240A of the Immigration and Nationality 

4 Act (8 U.S.C. 1229b), voluntary departure pursuant 

5 to section 240B of that Act (8 U.S.C. 1229c), re6 moval pursuant to section 238 of that Act (8 U.S.C. 

7 1228), judicial termination of proceedings, termi8 nation of proceedings by U.S. Immigration and Cus9 toms Enforcement, cancellation of the notice to ap10 pear, or permission to withdraw application for ad11 mission without any removal order being issued. 

12 (2) PLACE WHERE THE ALIEN WAS APPRE13 HENDED.—The term ‘‘place where the alien was ap14 prehended’’ refers to the city, county, and State 

15 where an alien is apprehended. 

16 (3) REASON FOR THE ALIEN’S RELEASE FROM

17 DETENTION.—The term ‘‘reason for the alien’s re18 lease from detention’’ refers to release on bond, on 

19 an alien’s own recognizance, on humanitarian 

20 grounds, after grant of relief, or due to termination 

21 of proceedings or removal. 

22 (4) REMOVAL PROCEEDINGS.—The term ‘‘re23 moval proceedings’’ refers to a removal case of any 

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1 untary removal and removals in which an applicant 

2 is permitted to withdraw his or her application for 

3 admission. 

4 (5) STAGE.—The term ‘‘stage’’, with respect to 

5 a proceeding, refers to whether the alien is in pro6 ceedings before an immigration judge, the Board of 

7 Immigration Appeals, a United States court of ap8 peals, or on remand from a United States court of 

9 appeals. 

10 SEC. 3721. POWERS OF IMMIGRATION OFFICERS AND EM11 PLOYEES AT SENSITIVE LOCATIONS. 

12 Section 287 (8 U.S.C. 1357) is amended by adding 

13 at the end the following: 

14 ‘‘(i)(1) In order to ensure individuals’ access to sen15 sitive locations, this subsection applies to enforcement ac16 tions by officers and agents of U.S. Immigration and Cus17 toms Enforcement and officers and agents of U.S. Cus18 toms and Border Protection. 

19 ‘‘(2)(A) An enforcement action may not take place 

20 at, or be focused on, a sensitive location, except as follows: 

21 ‘‘(i) Under exigent circumstances. 

22 ‘‘(ii) If prior approval is obtained. 

23 ‘‘(B) If an enforcement action is taking place pursu24 ant to subparagraph (A) and the condition permitting the 


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1 enforcement action ceases, the enforcement action shall 

2 cease. 

3 ‘‘(3)(A) When proceeding with an enforcement action 

4 at or near a sensitive location, officers and agents referred 

5 to in paragraph (1) shall conduct themselves as discreetly 

6 as possible, consistent with officer and public safety, and 

7 make every effort to limit the time at or focused on the 

8 sensitive location. 

9 ‘‘(B) If, in the course of an enforcement action that 

10 is not initiated at or focused on a sensitive location, offi11 cers or agents are led to or near a sensitive location, and 

12 no exigent circumstance exists, such officers or agents 

13 shall conduct themselves in a discreet manner, maintain 

14 surveillance, and immediately consult their supervisor be15 fore taking any further enforcement action, in order to 

16 determine whether such action should be discontinued. 

17 ‘‘(C) This section not apply to the transportation of 

18 an individual apprehended at or near a land or sea border 

19 to a hospital or healthcare provider for the purpose of pro20 viding such individual medical care. 

21 ‘‘(4)(A) Each official specified in subparagraph (B) 

22 shall ensure that the employees under the supervision of 

23 such official receive annual training on compliance with 

24 the requirements of this subsection in enforcement actions 

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1 tions that lead officers or agents to or near a sensitive 

2 location. 

3 ‘‘(B) The officials specified in ths subparagraph are 

4 the following: 

5 ‘‘(i) The Chief Counsel of U.S. Immigration 

6 and Customs Enforcement. 

7 ‘‘(ii) The Field Office Directors of U.S. Immi8 gration and Customs Enforcement. 

9 ‘‘(iii) Each Special Agent in Charge of U.S. Im10 migration and Customs Enforcement. 

11 ‘‘(iv) Each Chief Patrol Agent of U.S. Customs 

12 and Border Protection. 

13 ‘‘(v) The Director of Field Operations of U.S. 

14 Customs and Border Protection. 

15 ‘‘(vi) The Director of Air and Marine Oper16 ations of U.S. Customs and Border Protection. 

17 ‘‘(vii) The Internal Affairs Special Agent in 

18 Charge of U.S. Customs and Border Protection. 

19 ‘‘(5)(A) The Director of U.S. Immigration and Cus20 toms Enforcement and the Commissioner of U.S. Customs 

21 and Border Protection shall each submit to the appro22 priate committees of Congress each year a report on the 

23 enforcement actions undertaken by U.S. Immigration and 

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1 tection, respectively, during the preceding year that were 

2 covered by this subsection. 

3 ‘‘(B) Each report on an agency for a year under this 

4 paragraph shall set forth the following: 

5 ‘‘(i) The number of enforcement actions at or 

6 focused on a sensitive location. 

7 ‘‘(ii) The number of enforcement actions where 

8 officers or agents were subsequently led to or near 

9 a sensitive location. 

10 ‘‘(iii) The date, site, and State, city, and county 

11 in which each enforcement action covered by clause 

12 (i) or (ii) occurred. 

13 ‘‘(iv) The component of the agency responsible 

14 for each such enforcement action. 

15 ‘‘(v) A description of the intended target of 

16 each such enforcement action. 

17 ‘‘(vi) The number of individuals, if any, ar18 rested or taken into custody through each such en19 forcement action. 

20 ‘‘(vii) The number of collateral arrests, if any, 

21 from each such enforcement action and the reasons 

22 for each such arrest. 

23 ‘‘(viii) A certification of whether the location 

24 administrator was contacted prior to, during, or 

25 after each such enforcement action. 


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1 ‘‘(C) Each report under this paragraph shall be made 

2 available to the public without the need to submit a re3 quest under section 552 of title 5, United States Code 

4 (commonly referred to as the ‘Freedom of Information 

5 Act’). 

6 ‘‘(6) In this subsection: 

7 ‘‘(A) The term ‘appropriate committees of Con8 gress’ means— 

9 ‘‘(i) the Committee on Homeland Security 

10 and Governmental Affairs of the Senate; 

11 ‘‘(ii) the Committee on the Judiciary of the 

12 Senate; 

13 ‘‘(iii) the Committee on Homeland Security 

14 of the House of Representatives; and 

15 ‘‘(iv) the Committee on the Judiciary of 

16 the House of Representatives. 

17 ‘‘(B) The term ‘enforcement action’ means an 

18 arrest, interview, search, or surveillance for the pur19 poses of immigration enforcement, and includes an 

20 enforcement action at, or focused on, a sensitive lo21 cation that is part of a joint case led by another law 

22 enforcement agency. 

23 ‘‘(C) The term ‘exigent circumstances’ means a 

24 situation involving the following: 


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1 ‘‘(i) The imminent risk of death, violence, 

2 or physical harm to any person, including a sit3 uation implicating terrorism or the national se4 curity of the United States in some other man5 ner. 

6 ‘‘(ii) The immediate arrest or pursuit of a 

7 dangerous felon, terrorist suspect, or other indi8 vidual presenting an imminent danger or public 

9 safety risk. 

10 ‘‘(iii) The imminent risk of destruction of 

11 evidence that is material to an ongoing criminal 

12 case. 

13 ‘‘(D) The term ‘prior approval’ means the fol14 lowing: 

15 ‘‘(i) In the case of officers and agents of 

16 U.S. Immigration and Customs Enforcement, 

17 prior written approval for a specific, targeted 

18 operation from one of the following officials: 

19 ‘‘(I) The Assistant Director of Oper20 ations, Homeland Security Investigations. 

21 ‘‘(II) The Executive Associate Direc22 tor of Homeland Security Investigations. 

23 ‘‘(III) The Assistant Director for 

24 Field Operations, Enforcement, and Re25 moval Operations. 


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1 ‘‘(IV) The Executive Associate Direc2 tor for Field Operations, Enforcement, and 

3 Removal Operations. 

4 ‘‘(ii) In the case of officers and agents of 

5 U.S. Customs and Border Protection, prior 

6 written approval for a specific, targeted oper7 ation from one of the following officials: 

8 ‘‘(I) A Chief Patrol Agent. 

9 ‘‘(II) The Director of Field Oper10 ations. 

11 ‘‘(III) The Director of Air and Marine 

12 Operations. 

13 ‘‘(IV) The Internal Affairs Special 

14 Agent in Charge. 

15 ‘‘(E) The term ‘sensitive location’ includes the 

16 following: 

17 ‘‘(i) Hospitals and health clinics. 

18 ‘‘(ii) Public and private schools (including 

19 pre-schools, primary schools, secondary schools, 

20 postsecondary schools (including colleges and 

21 universities), and other institutions of learning 

22 such as vocational or trade schools). 

23 ‘‘(iii) Organizations assisting children, 

24 pregnant women, victims of crime or abuse, or 

25 individuals with mental or physical disabilities. 


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1 ‘‘(iv) Churches, synagogues, mosques, and 

2 other places of worship, such as buildings 

3 rented for the purpose of religious services. 

4 ‘‘(v) Such other locations as the Secretary 

5 of Homeland Security shall specify for purposes 

6 of this subsection.’’. 

7 Subtitle H—Protection of Children 

8 Affected by Immigration En9 forcement 

10 SEC. 3801. SHORT TITLE. 

11 This subtitle may be cited as the ‘‘Humane Enforce12 ment and Legal Protections for Separated Children Act’’ 

13 or the ‘‘HELP Separated Children Act’’. 

14 SEC. 3802. DEFINITIONS. 

15 In this subtitle: 

16 (1) APPREHENSION.—The term ‘‘apprehension’’ 

17 means the detention or arrest by officials of the De18 partment or cooperating entities. 

19 (2) CHILD.—The term ‘‘child’’ means an indi20 vidual who has not attained 18 years of age. 

21 (3) CHILD WELFARE AGENCY.—The term 

22 ‘‘child welfare agency’’ means a State or local agen23 cy responsible for child welfare services under sub24 titles B and E of title IV of the Social Security Act 

25 (42 U.S.C. 601 et seq.). 


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1 (4) COOPERATING ENTITY.—The term ‘‘cooper2 ating entity’’ means a State or local entity acting 

3 under agreement with the Secretary. 

4 (5) DETENTION FACILITY.—The term ‘‘deten5 tion facility’’ means a Federal, State, or local gov6 ernment facility, or a privately owned and operated 

7 facility, that is used, in whole or in part, to hold in8 dividuals under the authority of the Director of U.S. 

9 Immigration and Customs Enforcement, including 

10 facilities that hold such individuals under a contract 

11 or agreement with the Director. 

12 (6) IMMIGRATION ENFORCEMENT ACTION.—The 

13 term ‘‘immigration enforcement action’’ means the 

14 apprehension of 1 or more individuals whom the De15 partment has reason to believe are removable from 

16 the United States by the Secretary or a cooperating 

17 entity. 

18 (7) PARENT.—The term ‘‘parent’’ means a bio19 logical or adoptive parent of a child, whose parental 

20 rights have not been relinquished or terminated 

21 under State law or the law of a foreign country, or 

22 a legal guardian under State law or the law of a for23 eign country. 


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1 SEC. 3803. APPREHENSION PROCEDURES FOR IMMIGRA2 TION ENFORCEMENT-RELATED ACTIVITIES. 

3 (a) APPREHENSION PROCEDURES.—In any immigra4 tion enforcement action, the Secretary and cooperating en5 tities shall— 

6 (1) as soon as possible, but generally not later 

7 than 2 hours after an immigration enforcement ac8 tion, inquire whether an individual is a parent or 

9 primary caregiver of a child in the United States 

10 and provide any such individuals with— 

11 (A) the opportunity to make a minimum of 

12 2 telephone calls to arrange for the care of such 

13 child in the individual’s absence; and 

14 (B) contact information for— 

15 (i) child welfare agencies and family 

16 courts in the same jurisdiction as the child; 

17 and 

18 (ii) consulates, attorneys, and legal 

19 service providers capable of providing free 

20 legal advice or representation regarding 

21 child welfare, child custody determinations, 

22 and immigration matters; 

23 (2) notify the child welfare agency with jurisdic24 tion over the child if the child’s parent or primary 

25 caregiver is unable to make care arrangements for 


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1 the child or if the child is in imminent risk of seri2 ous harm; 

3 (3) ensure that personnel of the Department 

4 and cooperating entities do not, absent medical ne5 cessity or extraordinary circumstances, compel or re6 quest children to interpret or translate for interviews 

7 of their parents or of other individuals who are en8 countered as part of an immigration enforcement ac9 tion; and 

10 (4) ensure that any parent or primary caregiver 

11 of a child in the United States— 

12 (A) absent medical necessity or extraor13 dinary circumstances, is not transferred from 

14 his or her area of apprehension until the indi15 vidual— 

16 (i) has made arrangements for the 

17 care of such child; or 

18 (ii) if such arrangements are unavail19 able or the individual is unable to make 

20 such arrangements, is informed of the care 

21 arrangements made for the child and of a 

22 means to maintain communication with the 

23 child; 


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1 (B) absent medical necessity or extraor2 dinary circumstances, and to the extent prac3 ticable, is placed in a detention facility either— 

4 (i) proximate to the location of appre5 hension; or 

6 (ii) proximate to the individual’s ha7 bitual place of residence; and 

8 (C) receives due consideration of the best 

9 interests of such child in any decision or action 

10 relating to his or her detention, release, or 

11 transfer between detention facilities. 

12 (b) REQUESTS TO STATE AND LOCAL ENTITIES.— 

13 If the Secretary requests a State or local entity to hold 

14 in custody an individual whom the Department has reason 

15 to believe is removable pending transfer of that individual 

16 to the custody of the Secretary or to a detention facility, 

17 the Secretary shall also request that the State or local en18 tity provide the individual the protections specified in 

19 paragraphs (1) and (2) of subsection (a), if that individual 

20 is found to be the parent or primary caregiver of a child 

21 in the United States. 

22 (c) PROTECTIONS AGAINST TRAFFICKING PRE23 SERVED.—The provisions of this section shall not be con24 strued to impede, delay, or in any way limit the obligations 

25 of the Secretary, the Attorney General, or the Secretary 


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1 of Health and Human Services under section 235 of the 

2 William Wilberforce Trafficking Victims Protection Reau3 thorization Act of 2008 (8 U.S.C. 1232) or section 462 

4 of the Homeland Security Act of 2002 (6 U.S.C. 279). 

5 SEC. 3804. ACCESS TO CHILDREN, STATE AND LOCAL 

6 COURTS, CHILD WELFARE AGENCIES, AND 

7 CONSULAR OFFICIALS. 

8 At all detention facilities, the Secretary shall— 

9 (1) prominently post in a manner accessible to 

10 detainees and visitors and include in detainee hand11 books information on the protections of this subtitle 

12 as well as information on potential eligibility for pa13 role or release; 

14 (2) absent extraordinary circumstances, ensure 

15 that individuals who are detained by the Department 

16 and are parents of children in the United States 

17 are— 

18 (A) permitted regular phone calls and con19 tact visits with their children; 

20 (B) provided with contact information for 

21 child welfare agencies and family courts in the 

22 relevant jurisdictions; 

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1 ceedings and any other proceedings that may 

2 impact their right to custody of their children; 

3 (D) granted free and confidential telephone 

4 calls to relevant child welfare agencies and fam5 ily courts as often as is necessary to ensure 

6 that the best interest of their children, includ7 ing a preference for family unity whenever ap8 propriate, can be considered in child welfare 

9 agency or family court proceedings; 

10 (E) able to fully comply with all family 

11 court or child welfare agency orders impacting 

12 custody of their children; 

13 (F) provided access to United States pass14 port applications or other relevant travel docu15 ment applications for the purpose of obtaining 

16 travel documents for their children; 

17 (G) afforded timely access to a notary pub18 lic for the purpose of applying for a passport 

19 for their children or executing guardianship or 

20 other agreements to ensure the safety of their 

21 children; and 

22 (H) granted adequate time before removal 

23 to obtain passports, apostilled birth certificates, 

24 travel documents, and other necessary records 

25 on behalf of their children if such children will 


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1 accompany them on their return to their coun2 try of origin or join them in their country of or3 igin; and 

4 (3) where doing so would not impact public 

5 safety or national security, facilitate the ability of 

6 detained alien parents and primary caregivers to 

7 share information regarding travel arrangements 

8 with their consulate, children, child welfare agencies, 

9 or other caregivers in advance of the detained alien 

10 individual’s departure from the United States. 

11 SEC. 3805. MANDATORY TRAINING. 

12 The Secretary, in consultation with the Secretary of 

13 Health and Human Services, the Secretary of State, the 

14 Attorney General, and independent child welfare and fam15 ily law experts, shall develop and provide training on the 

16 protections required under sections 3803 and 3804 to all 

17 personnel of the Department, cooperating entities, and de18 tention facilities operated by or under agreement with the 

19 Department who regularly engage in immigration enforce20 ment actions and in the course of such actions come into 

21 contact with individuals who are parents or primary care22 givers of children in the United States. 


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1 SEC. 3806. RULEMAKING. 

2 Not later than 180 days after the date of the enact3 ment of this Act, the Secretary shall promulgate regula4 tions to implement sections 3803 and 3804 of this Act. 

5 SEC. 3807. SEVERABILITY. 

6 If any provision of this subtitle or amendment made 

7 by this subtitle, or the application of a provision or amend8 ment to any person or circumstance, is held to be uncon9 stitutional, the remainder of this subtitle and amendments 

10 made by this subtitle, and the application of the provisions 

11 and amendment to any person or circumstance, shall not 

12 be affected by the holding. 

13 Subtitle I—Providing Tools To Ex14 change Visitors and Exchange 

15 Visitor Sponsors To Protect Ex16 change Visitor Program Partici17 pants and Prevent Trafficking 

18 SEC. 3901. DEFINITIONS. 

19 (a) IN GENERAL.—Except as otherwise provided by 

20 this subtitle, the terms used in this subtitle shall have the 

21 same meanings, respectively, as are given those terms in 

22 section 3 of the Fair Labor Standards Act of 1938 (29 

23 U.S.C. 203), except that the term ‘‘employer’’ shall also 

24 include a prospective employer seeking to hire exchange 

25 visitors with which the sponsor has a contractual relation26 ship. 


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1 (b) OTHER DEFINITIONS.— 

2 (1) EXCHANGE VISITOR.—The term ‘‘exchange 

3 visitor’’ means a foreign national who is inquiring 

4 about or applying to participate in the exchange vis5 itor program or who has successfully applied and 

6 has completed or is completing an exchange visitor 

7 programs not funded by the United States Govern8 ment as governed by sections 2.22, 62.24, 62.30, 

9 62.31, and 62.32 of title 22, Code of Federal Regu10 lations. 

11 (2) EXCHANGE VISITOR PROGRAM.—The term 

12 ‘‘exchange visitor program’’ means the international 

13 exchange program administered by the Department 

14 of State to implement the Mutual Educational and 

15 Cultural Exchange Act of 1961 (22 U.S.C. 2451 et 

16 seq.), by means of educational and cultural pro17 grams. 

18 (3) EXCHANGE VISITOR PROGRAM RECRUIT19 MENT ACTIVITIES.—The term ‘‘exchange visitor pro20 gram recruitment activities’’ means activities related 

21 to recruiting, soliciting, transferring, providing, ob22 taining, or facilitating participation of individuals 

23 who reside outside the United States in an exchange 

24 visitor program including when such activity occurs 

25 wholly outside the United States. 


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1 (4) EXCHANGE VISITOR PROGRAM SPONSOR; 

2 SPONSOR.—The term ‘‘exchange visitor program 

3 sponsor’’ or ‘‘sponsor’’ means a legal entity des4 ignated by the Secretary of State, in the Secretary’s 

5 discretion, to conduct an exchange visitor program 

6 governed by sections 62.22, 62.24, 62.30, 62.31, and 

7 62.32 of title 22, Code of Federal Regulations). 

8 (5) FOREIGN ENTITY.—The term ‘‘foreign enti9 ty’’ means a person contracted by a sponsor to en10 gage in exchange visitor program recruitment activi11 ties on the sponsor’s behalf and any subcontractors 

12 thereof. 

13 (6) HOST ENTITY.—The term ‘‘host entity’’ 

14 means ‘‘host organization’’, ‘‘primary or secondary 

15 accredited educational institution’’, ‘‘camp facility’’, 

16 ‘‘host family’’, or ‘‘employer/host employer’’ as used 

17 in sections 62.22, 62.24, 62.30, 62.31, and 62.32 of 

18 title 22, Code of Federal Regulations, respectively. 

19 (7) REGULATIONS.—Any reference to any pro20 vision of regulations shall include any successor pro21 vision addressing the same subject matter. 

22 SEC. 3902. DISCLOSURE. 

23 (a) REQUIREMENT FOR DISCLOSURE AT TIME OF

24 EXCHANGE VISITOR PROGRAM RECRUITMENT ACTIV25 ITY.—Any person who engages in exchange visitor proVerDate Mar 15 2010 19:31 Jul 09, 2013 Jkt 029200 PO 00000 Frm 00849 Fmt 6652 Sfmt 6201 E:\BILLS\S744.PAP S744

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1 gram recruitment activity shall develop certain informa2 tion, previously approved by and on file with the exchange 

3 visitor program sponsor, to be disclosed in writing in 

4 English to the exchange visitor before the exchange visitor 

5 pays fees described in section 3904, other than refundable 

6 fees and a reasonable non-refundable deposit, or otherwise 

7 detrimentally relies on information provided by an ex8 change program sponsor or foreign entity. This informa9 tion shall be made available to the Secretary of State, or 

10 an exchange visitor requesting his or her own file, within 

11 5 business days of request, consistent with program regu12 lations in part 62 of title 22, Code of Federal Regulations. 

13 Not later than 18 months after the date of the enactment 

14 of this Act, the Secretary of State shall, in consultation 

15 with the Secretary of Labor, amend such regulations to 

16 reflect the information to be disclosed, including the fol17 lowing: 

18 (1) The identity and address of the exchange 

19 visitor program sponsor, host entity, and any foreign 

20 entity with authority to charge fees and costs under 

21 section 3904. 

22 (2) All assurances and terms and conditions of 

23 employment, from the prospective host entity of the 

24 exchange visitor, including place and period of em25 ployment, job duties, number of work hours, wages 


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1 and compensation, and any deductions from wages 

2 and benefits, including deductions for housing and 

3 transportation. Nothing in this paragraph shall be 

4 construed to permit any charge, deduction, or ex5 pense prohibited by this or any other law. 

6 (3) A copy of the prospective agreement be7 tween the exchange visitor program sponsor, ex8 change visitor, and the host entity. 

9 (4) Information regarding the terms and condi10 tions of the nonimmigrant status under which the 

11 exchange visitor is to be admitted, and the period of 

12 stay in the United States allowed for such non13 immigrant status. 

14 (5) A copy of the fee disclosure form as de15 scribed in section 3904(d) listing the mandatory and 

16 optional costs or expenses to be charged to the ex17 change visitor. 

18 (6) The existence of any labor organizing effort, 

19 collective bargaining agreement, labor contract, 

20 strike, lockout, or other labor dispute at the host en21 tity. 

22 (7) Whether and the extent to which exchange 

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1 ries or death, including work-related injuries and 

2 death, during the period of employment. 

3 (8) A description of the sanctions the exchange 

4 visitor program sponsor is currently subject to, if 

5 any, as imposed by the Department of State. 

6 (9) A statement in a form specified by the Sec7 retary of State— 

8 (A) stating that in accordance with guide9 lines and regulations promulgated by the Sec10 retary — 

11 (i) the costs and fees charged by the 

12 exchange program sponsor, foreign entity, 

13 and host entity do not exceed those per14 mitted by section 3904 and are legal under 

15 the laws of the United States and the 

16 home country of the exchange visitor; and 

17 (ii) the exchange visitor program 

18 sponsor, foreign entity, or host entity may 

19 bear costs or fees not provided for in sec20 tion 3904, but that fees under that section 

21 cannot be passed along to the exchange 

22 visitor. 

23 (10) Any education or training to be provided 

24 or required, other than education or training pro25 vided in accordance with section 62.10 (b) and (c) 


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1 of title 22, Code of Federal Regulations, as ‘‘pre-ar2 rival information’’ or ‘‘orientation’’ and additional 

3 orientation and training requirements as described 

4 in each relevant category under sections 62.22, 

5 62.24, 62.30, 62.31, and 62.32 of that title. 

6 (11) A clear statement explaining that— 

7 (A) except as provided in subparagraph 

8 (B), no additional significant requirements or 

9 significant changes may be made to the original 

10 contract signed with a handwritten, electronic, 

11 or digital pin code signature by the exchange 

12 visitor without at least 24 hours to consider 

13 such changes and the specific consent of the ex14 change visitor, obtained voluntarily and without 

15 threat of penalty; and 

16 (B) changes may be made to the conditions 

17 of employment contained in the original con18 tract even if the exchange visitor has not had 

19 24 hours to consider such changes, provided the 

20 exchange visitor has specifically consented to 

21 the changes, voluntarily and without threat of 

22 penalty, and such changes must be implemented 

23 without giving the exchange visitor 24 hours to 

24 consider them in order to protect the health or 

25 welfare of the exchange visitor. 


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1 (b) REQUIREMENT FOR RULES.—The Secretary of 

2 State shall define by rule or guidance what constitutes 

3 ‘‘refundable fees’’ and a ‘‘reasonable non-refundable de4 posit’’ for the purpose subsection (a). 

5 (c) RELATIONSHIP TO LABOR AND EMPLOYMENT

6 LAWS.—Nothing in the disclosure required by subsection 

7 (a) shall constitute a legal conclusion as to the exchange 

8 visitor’s status or rights under the labor and employment 

9 laws. 

10 (d) PROHIBITION ON FALSE AND MISLEADING IN11 FORMATION AND CERTAIN FEES.—No exchange visitor 

12 program sponsor, foreign entity, or host entity who en13 gages in any exchange visitor program activity shall know14 ingly provide materially false or misleading information to 

15 any exchange visitor concerning any matter required to 

16 be disclosed under subsection (a). Charging fees for serv17 ices not provided or assessing fees that exceed the 

18 amounts established by the Secretary of State pursuant 

19 to section 3904 is a violation of this section. The disclo20 sure required by this section is a document concerning the 

21 proper administration of a matter within the jurisdiction 

22 of a department or agency of the United States for the 

23 purposes of section 1519 of title 18, United States Code, 

24 and other provisions of such title. 


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1 (e) PUBLIC AVAILABILITY OF INFORMATION.—The 

2 Secretary of State shall amend its regulations at part 62 

3 of title 22, Code of Federal Regulations, to require spon4 sors to make publicly available, including on their websites 

5 and in recruiting materials, information regarding fees, 

6 costs, and services associated with their exchange visitor 

7 programs, including foreign entity names and contact 

8 points, and other factors relevant to exchange visitors’ 

9 choice of sponsor or foreign entity. 

10 SEC. 3903. PROHIBITION ON DISCRIMINATION. 

11 (a) IN GENERAL.—It shall be unlawful for an ex12 change visitor program sponsor, foreign entity, or host en13 tity to fail or refuse to select, hire, discharge, intimidate, 

14 threaten, restrain, coerce, or blacklist any individual or 

15 otherwise discriminate against an individual with respect 

16 to compensation, terms, conditions, or privileges of em17 ployment, because of such individual’s race, color, creed, 

18 sex, national origin, religion, age, or disability. 

19 (b) DETERMINATIONS OF DISCRIMINATION.—For the 

20 purposes of determining the existence of unlawful dis21 crimination under subsection (a)— 

22 (1) in the case of a claim of discrimination 

23 based on race, color, sex, national origin, or religion, 

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1 ble under title VII of the Civil Rights Act of 1964 

2 (42 U.S.C. 2000e et seq.); 

3 (2) in the case of a claim of discrimination 

4 based on age, the same legal standards shall apply 

5 as are applicable under the Age Discrimination in 

6 Employment Act of 1967 (29 U.S.C. 621 et seq.); 

7 and 

8 (3) in the case of a claim of discrimination 

9 based on disability, the same legal standards shall 

10 apply as are applicable under title I of the Ameri11 cans With Disabilities Act of 1990 as amended (42 

12 U.S.C. 12111 et seq.). 

13 SEC. 3904. FEES. 

14 (a) IN GENERAL.—Not later than 2 years after the 

15 date of the enactment of this Act, the Secretary of State, 

16 in consultation with the Secretary of Labor, shall promul17 gate regulations to set limits on the mandatory fees 

18 charged by exchange visitor program sponsors, host enti19 ties, and their foreign entities to the exchange visitor. In 

20 promulgating such regulations, the Secretary of State 

21 shall conduct public meetings with exchange visitor pro22 gram sponsors, organizations representing exchange visi23 tors, and members of the public with expertise in public 

24 diplomacy, educational and cultural exchange, labor mar25 kets, labor relations, migration, civil rights, human rights, 


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1 and prohibiting human trafficking. The Secretary of State 

2 may, in the Secretary’s discretion, consider factors includ3 ing what costs are within the control of sponsors, dif4 ferences among programs and countries, level and amount 

5 of educational and cultural activities included, and services 

6 rendered. 

7 (b) MAXIMUM FEES.—It shall be unlawful for any 

8 person to charge a fee higher than the maximum allowable 

9 fee as established by regulations promulgated under sub10 section (a), and any person who charges a higher fee shall 

11 be liable under this subtitle. If a fee higher than the max12 imum is charged by a sponsor or foreign entity, the spon13 sor shall be liable. If a fee higher than the maximum allow14 able is charged by the host entity or a host entity’s agent, 

15 the host entity shall be liable. 

16 (c) UPDATE OF MAXIMUM FEES.—The Secretary of 

17 State shall update the maximum allowable fees described 

18 in subsection (a) in response to changing economic condi19 tions and other factors as needed. 

20 (d) FEE TRANSPARENCY.—The Secretary of State 

21 shall amend its regulations at part 62 of title 22, Code 

22 of Federal Regulations, to require exchange visitor pro23 gram sponsors to— 

24 (1) provide the Department of State annually 

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1 itor program participants including by their foreign 

2 entities, subcontractors, or foreign entity’s agents; 

3 and 

4 (2) require a 3-party document signed by the 

5 exchange visitor, foreign entity, and sponsor that 

6 outlines a basic level fee structure and itemizes man7 datory and optional fees. 

8 SEC. 3905. ANNUAL NOTIFICATION. 

9 (a) ANNUAL EXCHANGE VISITOR PROGRAM SPONSOR

10 NOTIFICATION.— 

11 (1) IN GENERAL.—Subject to paragraph (2), 

12 prior to engaging in any exchange visitor program 

13 activity, any person who seeks to be an exchange vis14 itor program sponsor shall be designated by the Sec15 retary of State pursuant to regulations that the Sec16 retary of State has prescribed or shall prescribe 

17 after the date of the enactment of this Act. 

18 (2) NOTIFICATION.—Each exchange visitor pro19 gram sponsor shall notify the Secretary of State, not 

20 less frequently than once every year, of the identity 

21 of any third party, agent, or exchange visitor pro22 gram sponsor employee involved in any exchange vis23 itor program recruitment activity for, or on behalf 

24 of, the exchange visitor program sponsor. 


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1 (3) PERSONAL JURISDICTION OVER FOREIGN

2 ENTITIES.—As a condition of initial and continued 

3 registration, each program sponsor shall obtain a 

4 written and signed agreement from any foreign enti5 ty. In that agreement, the foreign entity shall stipu6 late and agree, as a condition for receiving any pay7 ment or compensation for performing any work or 

8 service for the program sponsor, that the laws of the 

9 United States shall govern any and all disputes 

10 among and between the parties or the United States, 

11 including any enforcement actions, and that any dis12 pute or enforcement action shall be brought in the 

13 United States District Court for the District of Co14 lumbia. The agreement shall be in such form and 

15 contain such other information as the Secretary of 

16 State shall prescribe. 

17 (4) NONCOMPLIANCE NOTIFICATION.—An host 

18 entity shall notify the Secretary of State upon gain19 ing knowledge of noncompliance with this subtitle by 

20 an exchange visitor program sponsor. An exchange 

21 visitor program sponsor shall notify the Secretary of 

22 State upon gaining knowledge of noncompliance with 

23 this subtitle by a host entity or foreign entity. 

24 (b) REGULATIONS.—Not later than 180 days after 

25 the date of the enactment of this Act, the Secretary of 


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1 State shall amend its regulations at part 62 of title 22, 

2 Code of Federal Regulations, regarding the annual ex3 change visitor program sponsor notification. 

4 (c) REFUSAL TO ISSUE AND REVOCATION OF DES5 IGNATION.—The Secretary of State shall amend its regu6 lations at part 62 of title 22, Code of Federal Regulations, 

7 to include the following bases for refusing to issue or 

8 renew, or for revoking a sponsor’s designation for a period 

9 of not greater than 5 years: 

10 (1) The applicant for, or holder of, the designa11 tion has knowingly made a material misrepresenta12 tion in the application for such designation. 

13 (2) The applicant for, or holder of, the designa14 tion has committed any felony under State or Fed15 eral law or any crime involving fraud, robbery, brib16 ery, extortion, embezzlement, grand larceny, bur17 glary, arson, violation of narcotics laws, murder, 

18 rape, trafficking in persons, assault with intent to 

19 kill, assault which inflicts grievous bodily injury, 

20 prostitution, peonage, or smuggling or harboring in21 dividuals who have entered the United States ille22 gally. 

23 (3) The applicant for, or holder of, the designa24 tion has committed any crime relating to gambling, 

25 or to the sale, distribution, or possession of alcoholic 


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1 beverages, in connection with or incident to any ex2 change visitor recruitment activities. 

3 (4) Such other criteria as the Secretary of State 

4 may, in the Secretary’s discretion, establish. 

5 SEC. 3906. BONDING REQUIREMENT. 

6 (a) IN GENERAL.—The Secretary of State may as7 sess a bond amount sufficient to ensure the ability of a 

8 sponsor to discharge its responsibilities and to ensure pro9 tection of exchange visitors, including wages or stipends. 

10 In requiring a sponsor to post the bond, the Secretary of 

11 State shall take into account the degree to which the spon12 sor’s assets can be reached by United States courts. 

13 (b) REGULATIONS.—The Secretary of State, by regu14 lation, shall establish the conditions under which the bond 

15 amount is determined, paid, and forfeited, which shall in16 clude the sponsor’s history of compliance. 

17 (c) RELATIONSHIP TO OTHER REMEDIES.—The bond 

18 requirements and forfeiture of the bond under this section 

19 shall be in addition to or, pursuant to court order, in con20 junction with, other remedies under 3910 or any other 

21 provision of law. 

22 SEC. 3907. MAINTENANCE OF LISTS. 

23 (a) IN GENERAL.—The Secretary of State shall work 

24 with the Secretary of Homeland Security to ensure that 

25 the information described in paragraphs (1) through (4) 


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1 of subsection (b) is included on the foreign entity list kept 

2 and updated pursuant to section 3607 and shall share that 

3 list with the Department of Labor. 

4 (b) INFORMATION.—Not later than 1 year after the 

5 date of the enactment of this Act, each sponsor shall com6 pile and share with the Secretary of State on a regular 

7 basis a list that includes the following information: 

8 (1) The countries from which the sponsor re9 cruits. 

10 (2) The host entities for whom the sponsor re11 cruits. 

12 (3) The occupations for which the sponsor re13 cruits. 

14 (4) The States where recruited exchange visi15 tors are employed. 

16 (c) LIMITATION ON PUBLIC AVAILABILITY.—Neither 

17 the Secretary of State nor the Secretary of Homeland Se18 curity shall make the information described in paragraphs 

19 (1) through (4) of subsection (b) public as part of the list 

20 described in section 3607. 

21 SEC. 3908. AMENDMENT TO THE IMMIGRATION AND NA22 TIONALITY ACT. 

23 Section 214 (8 U.S.C. 1184), as amended by title IV, 

24 is further amended by adding at the end the following: 


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1 ‘‘(bb) A visa shall not be issued under section 

2 101(a)(15) until the consular officer— 

3 ‘‘(1) has confirmed that the applicant has re4 ceived, read, and understood the information and re5 sources pamphlet required by section 202 of the Wil6 liam Wilberforce Trafficking Victims Protection Re7 authorization Act of 2008 (8 U.S.C. 1375b); and 

8 ‘‘(2) has reviewed and made a part of the visa 

9 file the exchange visitor program sponsor disclosures 

10 required by section 3902 of the Border Security, 

11 Economic Opportunity, and Immigration Moderniza12 tion Act, including whether the exchange visitor pro13 gram sponsor is designated pursuant to that sec14 tion.’’. 

15 SEC. 3909. RESPONSIBILITIES OF SECRETARY OF STATE. 

16 (a) IN GENERAL.—The Secretary of State shall en17 sure that each United States diplomatic mission has a per18 son who is responsible for receiving information from any 

19 exchange visitor who has been subject to violations of this 

20 subtitle. 

21 (b) PROVISION OF INFORMATION.—The responsible 

22 person referred to in subsection (a) shall ensure that the 

23 information received is provided to the Department of 

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1 partment of Labor, and any other relevant Federal agen2 cy. 

3 (c) MECHANISMS.—The Attorney General and the 

4 Secretary of State shall ensure that there is a mechanism 

5 for any actions that need to be taken in response to infor6 mation received under subsection (a). 

7 (d) ASSISTANCE FROM FOREIGN GOVERNMENT.— 

8 The person designated for receiving information pursuant 

9 to subsection (a) is strongly encouraged to coordinate with 

10 governments and civil society organizations in the coun11 tries of origin to ensure the exchange visitor receives addi12 tional support. 

13 (e) MAINTENANCE AND AVAILABILITY OF INFORMA14 TION.—The Secretary of State shall ensure that con15 sulates coordinate with the Department of State to have 

16 access to information regarding the identities of sponsors 

17 and the foreign entities with whom sponsors contract for 

18 exchange visitor program recruitment activities. The Sec19 retary of State shall ensure information on the identity 

20 of sponsors is publicly available in written form on the 

21 Department of State website, and information on the iden22 tity of foreign entities in each individual country is pub23 licly available on the websites of United States embassies 

24 in each of those countries. 


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1 SEC. 3910. ENFORCEMENT PROVISIONS. 

2 (a) INVESTIGATIONS.—The Secretary of State shall 

3 undertake compliance actions and sanctions against ex4 change visitor program sponsors in accordance with part 

5 62 of title 22, Code of Federal Regulations. 

6 (b) REPRESENTATION.—Except as provided in sec7 tion 518(a) of title 28, United States Code, the Attorney 

8 General may appear for and represent the Secretary in 

9 any civil litigation brought under this paragraph. All such 

10 litigation shall be subject to the direction and control of 

11 the Attorney General. Exchange visitor sponsors shall be 

12 allowed a reasonable period of inquiry and response before 

13 civil litigation is initiated. 

14 (c) ENFORCEMENT.—The Secretary of State or an 

15 exchange visitor who is subject to any violation of this sub16 title may bring a civil action against an exchange visitor 

17 program sponsor, foreign entity, or host entity in a court 

18 of competent jurisdiction and recover appropriate relief, 

19 including injunctive relief, damages, reasonable attorneys’ 

20 fees and costs, and any other remedy that would effectuate 

21 the purposes of this subtitle. Any action must be filed 

22 within 3 years after the date on which the exchange visitor 

23 became aware of the violation, but under no circumstances 

24 more than 5 years after the date on which the violation 

25 occurred. 


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1 (d) ACTIONS BY THE SECRETARY OF STATE OR AN

2 EXCHANGE VISITOR.—If the court finds in a civil action 

3 filed under this section that the defendant has violated any 

4 provision of this subtitle (or any regulation issued pursu5 ant to this subtitle), the court may award damages, up 

6 to and including an amount equal to the amount of actual 

7 damages, and statutory damages of up to $1,000 per 

8 plaintiff per violation, or other equitable relief, except that 

9 with respect to statutory damages— 

10 (1) multiple infractions of a single provision of 

11 this subtitle (or of a regulation under this subtitle) 

12 shall constitute only 1 violation for purposes of sec13 tion 3902(a) to determine the amount of statutory 

14 damages due a plaintiff; and 

15 (2) if such complaint is certified as a class ac16 tion the court may award— 

17 (A) damages up to an amount equal to the 

18 amount of actual damages; and 

19 (B) statutory damages of not more than 

20 the lesser of up to $1,000 per class member per 

21 violation, or up to $500,000; 

22 (C) other equitable relief; 

23 (D) reasonable attorneys’ fees and costs; 

24 and 


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1 (E) such other and further relief, including 

2 declaratory and injunctive relief, as necessary to 

3 effectuate the purposes of this subtitle. 

4 (e) BOND.—To satisfy the damages, fees, and costs 

5 found owing under this section, as much of the bond held 

6 pursuant to section 3906 shall be released as necessary. 

7 (f) APPEAL.—Any civil action brought under this sec8 tion shall be subject to appeal as provided in chapter 83 

9 of title 28, United States Code. 

10 (g) SAFE HARBOR.—A host entity shall not have any 

11 liability under this section for the actions or omissions of 

12 an exchange visitor program sponsor that has a valid des13 ignation with the State Department pursuant to section 

14 3905, unless and to the extent that the host entity has 

15 engaged in conduct that violates this subtitle. 

16 (h) LIABILITY FOR FOREIGN ENTITIES.—Exchange 

17 visitor program sponsors shall be liable for violations of 

18 this subtitle by any foreign employees, agents, foreign en19 tities, or subcontractees of any level in relation to the ex20 change visitor program recruitment activities of the for21 eign employees, agents, foreign entities, or subcontractees 

22 to the same extent as if the exchange visitor program 

23 sponsor had committed the violation, unless the exchange 

24 visitor program sponsor— 


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1 (1) uses reasonable procedures to protect 

2 against violations of this subtitle by foreign employ3 ees, agents, foreign entities, or subcontractees (in4 cluding contractually forbidding in writing any for5 eign employees, agents, foreign entities, or 

6 subcontractees from seeking or receiving prohibited 

7 fees from workers); 

8 (2) does not act with reckless disregard of the 

9 fact that foreign employees, agents, foreign entities, 

10 or subcontractees have violated any provision of this 

11 subtitle; and 

12 (3) timely reports any potential violations to the 

13 Secretary of State. 

14 (i) WAIVER OF RIGHTS.—Agreements between ex15 change visitors with sponsors, foreign entities, or host en16 tities purporting to waive or to modify their rights under 

17 this subtitle shall be void as contrary to public policy. 

18 (j) RETALIATION.—No person shall intimidate, 

19 threaten, restrain, coerce, discharge, or in any other man20 ner discriminate or retaliate against any exchange visitor 

21 or his or her family members (including a former exchange 

22 visitor or an applicant for employment) because such ex23 change visitor disclosed information to any person that the 

24 exchange visitor reasonably believes evidences a violation 

25 of this section (or any rule or regulation pertaining to this 


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1 section), including speaking with a worker organization, 

2 seeking legal assistance of counsel, or cooperating with an 

3 investigation or other proceeding concerning compliance 

4 with this section (or any regulation pertaining to this sec5 tion). 

6 (k) PROHIBITION ON RETALIATION.—It shall be un7 lawful for an exchange visitor program sponsor or foreign 

8 entity to terminate or remove from the exchange visitor 

9 program, ban from the program, adversely annotate an ex10 change visitor’s SEVIS (as defined in section 4902) 

11 record, fire, demote, take other adverse employment ac12 tion, or evict, or to threaten to take any of such actions 

13 against an exchange visitor in retaliation for the act of 

14 complaining about program conditions, including housing 

15 and job placements, wages, hours, and general treatment, 

16 or for disclosing retaliation by an exchange visitor sponsor, 

17 exchange visitor foreign entity, or host entity against any 

18 exchange visitor. 

19 (l) PRESENCE DURING PENDENCY OF ACTIONS.—If 

20 other immigration relief is not available to the exchange 

21 visitor, the Secretary of Homeland Security may permit, 

22 only on the basis of proof, the exchange visitor to remain 

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1 pate in all legal proceedings related to any action taken 

2 pursuant to this section. 

3 (m) ACCESS TO LEGAL SERVICES CORPORATION.— 

4 Notwithstanding any other provision of law, the Legal 

5 Services Corporation and recipients of its funding may 

6 provide legal assistance on behalf of any alien with respect 

7 to any provision of this subtitle. 

8 (n) HOST ENTITY VIOLATIONS.—The Secretary, in 

9 consultation with the Secretary of Labor, shall maintain 

10 a list of host entities against whom there has been a com11 plaint substantiated by the Department of State for sig12 nificant program violations. Information from that list 

13 shall be made available to sponsors upon request. 

14 SEC. 3911. AUDITS AND TRANSPARENCY. 

15 (a) COMPLIANCE AUDITS.— 

16 (1) IN GENERAL.—The Secretary of State shall 

17 by regulation require audit reports to be filed by ex18 change visitor program sponsors operating under the 

19 following specific program categories, as described 

20 under subpart B of part 62 of title 22, Code of Fed21 eral Regulations, and any successor regulations: 

22 (A) Summer work travel. 

23 (B) Trainees and interns. 

24 (C) Camp counselors. 

25 (D) Au pairs. 


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1 (E) Teachers. 

2 (2) AUDIT REPORTS.—Audit reports shall be 

3 filed with the Department of State and be conducted 

4 by a certified public accountant, qualified auditor, or 

5 licensed attorney pursuant to a format designated by 

6 the Secretary of State, attesting to the sponsor’s 

7 compliance with the regulatory and reporting re8 quirements set forth in part 62 of title 22, Code of 

9 Federal Regulations. The report shall be conducted 

10 at the expense of the sponsor and no more fre11 quently than on a biannual basis. 

12 (b) ANNUAL REPORT.—Not later than 1 year after 

13 the date of the enactment of this Act, and annually there14 after, the Secretary of State shall submit to Congress a 

15 report on the exchange visitor program, which shall detail 

16 for each specific program category— 

17 (1) summary data on the number of exchange 

18 visitors and countries participating in that category; 

19 (2) public diplomacy outcomes; and 

20 (3) recent sanctions imposed by the Depart21 ment of State. 


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1 TITLE IV—REFORMS TO NON2 IMMIGRANT VISA PROGRAMS 

3 Subtitle A—Employment-based 

4 Nonimmigrant Visas 

5 SEC. 4101. MARKET-BASED H–1B VISA LIMITS. 

6 (a) IN GENERAL.—Section 214(g) (8 U.S.C. 

7 1184(g)) is amended— 

8 (1) in paragraph (1)— 

9 (A) in the matter preceding subparagraph 

10 (A), by striking ‘‘(beginning with fiscal year 

11 1992)’’; and 

12 (B) by amending subparagraph (A) to read 

13 as follows: 

14 ‘‘(A) under section 101(a)(15)(H)(i)(b) 

15 may not exceed the sum of— 

16 ‘‘(i) the base allocation calculated 

17 under paragraph (9)(A); and 

18 ‘‘(ii) the allocation adjustment cal19 culated under paragraph (9)(B); and’’; 

20 (2) by redesignating paragraph (10) as sub21 paragraph (D) of paragraph (9); 

22 (3) by redesignating paragraph (9) as para23 graph (10); and 

24 (4) by inserting after paragraph (8) the fol25 lowing: 


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1 ‘‘(9)(A) Except as provided in subparagraph (C), the 

2 base allocation of nonimmigrant visas under section 

3 101(a)(15)(H)(i)(b) for each fiscal year shall be equal 

4 to— 

5 ‘‘(i) the sum of— 

6 ‘‘(I) the base allocation for the most re7 cently completed fiscal year; and 

8 ‘‘(II) the allocation adjustment under sub9 paragraph (B) for the most recently completed 

10 fiscal year; 

11 ‘‘(ii) if the number calculated under clause (i) 

12 is less than 115,000, 115,000; or 

13 ‘‘(iii) if the number calculated under clause (i) 

14 is more than 180,000, 180,000. 

15 ‘‘(B)(i) If the number of cap-subject nonimmigrant 

16 visa petitions accepted for filing under section 

17 101(a)(15)(H)(i)(b) during the first 45 days petitions may 

18 be filed for a fiscal year is equal to the base allocation 

19 for such fiscal year, an additional 20,000 such visas shall 

20 be made available beginning on the 46th day on which pe21 titions may be filed for such fiscal year. 

22 ‘‘(ii) If the base allocation of cap-subject non23 immigrant visa petitions accepted for filing under section 

24 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 

25 15-day period ending on the 60th day on which petitions 


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1 may be filed for such fiscal year, an additional 15,000 

2 such visas shall be made available beginning on the 61st 

3 day on which petitions may be filed for such fiscal year. 

4 ‘‘(iii) If the base allocation of cap-subject non5 immigrant visa petitions accepted for filing under section 

6 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 

7 30-day period ending on the 90th day on which petitions 

8 may be filed for such fiscal year, an additional 10,000 

9 such visas shall be made available beginning on the 91st 

10 day on which petitions may be filed for such fiscal year. 

11 ‘‘(iv) If the base allocation of cap-subject non12 immigrant visa petitions accepted for filing under section 

13 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 

14 185-day period ending on the 275th day on which peti15 tions may be filed for such fiscal year, an additional 5,000 

16 such visas shall be made available beginning on the date 

17 on which such allocation is reached. 

18 ‘‘(v) If the number of cap-subject nonimmigrant visa 

19 petitions accepted for filing under section 

20 101(a)(15)(H)(i)(b) for a fiscal year is at least 5,000 

21 fewer than the base allocation, but is not more than 9,999 

22 fewer than the base allocation, the allocation adjustment 

23 for the following fiscal year shall be -5,000. 

24 ‘‘(vi) If the number of cap-subject nonimmigrant visa 

25 petitions accepted for filing under section 


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1 101(a)(15)(H)(i)(b) for a fiscal year is at least 10,000 

2 fewer than the base allocation, but not more than 14,999 

3 fewer than the base allocation, the allocation adjustment 

4 for the following fiscal year shall be -10,000. 

5 ‘‘(vii) If the number of cap-subject nonimmigrant visa 

6 petitions accepted for filing under section 

7 101(a)(15)(H)(i)(b) for a fiscal year is at least 15,000 

8 fewer than the base allocation, but not more than 19,999 

9 fewer than the base allocation, the allocation adjustment 

10 for the following fiscal year shall be -15,000. 

11 ‘‘(viii) If the number of cap-subject nonimmigrant 

12 visa petitions accepted for filing under section 

13 101(a)(15)(H)(i)(b) for a fiscal year is at least 20,000 

14 fewer than the base allocation, the allocation adjustment 

15 for the following fiscal year shall be -20,000. 

16 ‘‘(C) An allocation adjustment under clause (i), (ii), 

17 (iii), or (iv) of subparagraph (B)— 

18 ‘‘(i) may not increase the numerical limitation 

19 contained in paragraph (9)(A) to a number above 

20 180,000; and 

21 ‘‘(ii) may not take place to make additional 

22 nonimmigrant visas available for any fiscal year in 

23 which the national occupational unemployment rate 

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1 tics each month, averages 4.5 percent or greater 

2 over the 12-month period preceding the date of the 

3 Secretary’s determination of whether the cap should 

4 be increased or decreased.’’. 

5 (b) INCREASE IN ALLOCATION FOR STEM NON6 IMMIGRANTS.—Section 214(g)(5)(C) (8 U.S.C. 

7 1184(g)(5)(C)) is amended to read as follows: 

8 ‘‘(C) has earned a master’s or higher degree, in 

9 a field of science, technology, engineering, or math 

10 included in the Department of Education’s Classi11 fication of Instructional Programs taxonomy within 

12 the summary groups of computer and information 

13 sciences and support services, engineering, mathe14 matics and statistics, biological and biomedical 

15 sciences, and physical sciences, from a United States 

16 institution of higher education (as defined in section 

17 101(a) of the Higher Education Act of 1965 (20 

18 U.S.C. 1001(a)) until the number of aliens who are 

19 exempted from such numerical limitation during 

20 such year exceed 25,000.’’. 

21 (c) PUBLICATION.— 

22 (1) DATA SUMMARIZING PETITIONS.—The Sec23 retary shall timely upload to a public website data 

24 that summarizes the adjudication of nonimmigrant 

25 petitions under section 101(a)(15)(H)(i)(b) of the 


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

2 1101(a)(15)(H)(i)(b)) during each fiscal year. 

3 (2) ANNUAL NUMERICAL LIMITATION.—As soon 

4 as practicable and no later than March 2 of each fis5 cal year, the Secretary shall publish in the Federal 

6 Register the numerical limitation determined under 

7 section 214(g)(1)(A) for such fiscal year. 

8 (d) EFFECTIVE DATE AND APPLICATION.—The 

9 amendments made by subsection (a) shall take effect on 

10 the first day of the first fiscal year beginning after the 

11 date of the enactment of this Act and apply to applications 

12 for nonimmigrant visas under section 101(a)(15)(H)(i)(b) 

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

14 1101(a)(15)(H)(i)(b)) for such fiscal year. 

15 SEC. 4102. EMPLOYMENT AUTHORIZATION FOR DEPEND16 ENTS OF EMPLOYMENT-BASED NON17 IMMIGRANTS. 

18 Section 214(c) (8 U.S.C. 1184(c)) is amended— 

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

20 such term appears and inserting ‘‘Secretary of 

21 Homeland Security’’; and 

22 (2) in paragraph (2), by amending subpara23 graph (E) to read as follows: 

24 ‘‘(E)(i) In the case of an alien spouse admitted under 

25 section 101(a)(15)(L), who is accompanying or following 


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1 to join a principal alien admitted under such section, the 

2 Secretary of Homeland Security shall— 

3 ‘‘(I) authorize the alien spouse to engage in em4 ployment in the United States; and 

5 ‘‘(II) provide the spouse with an ‘employment 

6 authorized’ endorsement or other appropriate work 

7 permit. 

8 ‘‘(ii) In the case of an alien spouse admitted under 

9 section 101(a)(15)(H)(i)(b), who is accompanying or fol10 lowing to join a principal alien admitted under such sec11 tion, the Secretary of Homeland Security shall— 

12 ‘‘(I) authorize the alien spouse to engage in em13 ployment in the United States; and 

14 ‘‘(II) provide such a spouse with an ‘employ15 ment authorized’ endorsement or other appropriate 

16 work permit, if appropriate. 

17 ‘‘(iii)(I) Upon the request of the Secretary of State, 

18 the Secretary of Homeland Security may suspend employ19 ment authorizations under clause (ii) to nationals of a for20 eign country that does not permit reciprocal employment 

21 to nationals of the United States who are accompanying 

22 or following to join the employment-based nonimmigrant 

23 husband or wife of such spouse to be employed in such 

24 foreign country based on that status. 


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1 ‘‘(II) In subclause (I), the term ‘employment-based 

2 nonimmigrant’ means an individual who is admitted to a 

3 foreign country to perform employment similar to the em4 ployment described in section 101(a)(15)(H)(i)(b).’’. 

5 SEC. 4103. ELIMINATING IMPEDIMENTS TO WORKER MO6 BILITY. 

7 (a) DEFERENCE TO PRIOR APPROVALS.—Section 

8 214(c) (8 U.S.C. 1184(c)), as amended by section 4102, 

9 is further amended by adding at the end the following: 

10 ‘‘(15) Subject to paragraph (2)(D) and subsection (g) 

11 and section 104(c) and subsections (a) and (b) of section 

12 106 of the American Competitiveness in the Twenty-first 

13 Century Act of 2000 (Public Law 106–313; 8 U.S.C. 1184 

14 note), the Secretary of Homeland Security shall give def15 erence to a prior approval of a petition in reviewing a peti16 tion to extend the status of a nonimmigrant admitted 

17 under subparagraph (H)(i)(b) or (L) of section 101(a)(15) 

18 if the petition involves the same alien and petitioner unless 

19 the Secretary determines that— 

20 ‘‘(A) there was a material error with regard to 

21 the previous petition approval; 

22 ‘‘(B) a substantial change in circumstances has 

23 taken place; 


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1 ‘‘(C) new material information has been discov2 ered that adversely impacts the eligibility of the em3 ployer or the nonimmigrant; or 

4 ‘‘(D) in the Secretary’s discretion, such exten5 sion should not be approved.’’. 

6 (b) EFFECT OF EMPLOYMENT TERMINATION.—Sec7 tion 214(n) (8 U.S.C. 1184(n)) is amended by adding at 

8 the end the following: 

9 ‘‘(3) A nonimmigrant admitted under section 

10 101(a)(15)(H)(i)(b) whose employment relationship termi11 nates before the expiration of the nonimmigrant’s period 

12 of authorized admission shall be deemed to have retained 

13 such legal status throughout the entire 60-day period be14 ginning on the date such employment is terminated. A 

15 nonimmigrant who files a petition to extend, change, or 

16 adjust their status at any point during such period shall 

17 be deemed to have lawful status under section 

18 101(a)(15)(H)(i)(b) while that petition is pending.’’. 

19 (c) VISA REVALIDATION.—Section 222(c) (8 U.S.C. 

20 1202(c)) is amended— 

21 (1) by inserting ‘‘(1)’’ before ‘‘Every alien’’; 

22 and 

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

24 ‘‘(2) The Secretary of State may, at the Secretary’s 

25 discretion, renew in the United States the visa of an alien 


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1 admitted under subparagraph (A), (E), (G), (H), (I), (L), 

2 (N), (O), (P), (R), or (W) of section 101(a)(15) if the 

3 alien has remained eligible for such status and qualifies 

4 for a waiver of interview as provided for in subsection 

5 (h)(1)(D).’’. 

6 (d) INTERVIEW WAIVERS FOR LOW RISK VISA AP7 PLICANTS.—Section 222(h)(1) (8 U.S.C. 1202(h)(1)) is 

8 amended— 

9 (1) in subparagraph (B)(iv), by striking ‘‘or’’ at 

10 the end; 

11 (2) in subparagraph (C)(ii), by striking ‘‘and’’ 

12 at the end and inserting ‘‘or’’; and 

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

14 ‘‘(D) by the Secretary of State, in con15 sultation with the Secretary of Homeland Secu16 rity, for such aliens or classes of aliens— 

17 ‘‘(i) that the Secretary determines 

18 generally represent a low security risk; 

19 ‘‘(ii) for which an in-person interview 

20 would not add material benefit to the adju21 dication process; 

22 ‘‘(iii) unless the Secretary of State, 

23 after a review of all standard database and 

24 biometric checks, the visa application, and 

25 other supporting documents, determines 


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1 that an interview is unlikely to reveal de2 rogatory information; and 

3 ‘‘(iv) except that in every case, the 

4 Secretary of State retains the right to re5 quire an applicant to appear for an inter6 view; and’’. 

7 SEC. 4104. STEM EDUCATION AND TRAINING. 

8 (a) FEE.—Section 212(a)(5)(A) (8 U.S.C. 

9 1182(a)(5)(A)) is amended by adding at the end the fol10 lowing: 

11 ‘‘(v) FEE.—An employer shall submit, 

12 along with an application for a certification 

13 under this subparagraph, a fee of $1,000, 

14 which shall be deposited in the STEM 

15 Education and Training Account estab16 lished under section 286(w).’’. 

17 (b) H–1B NONIMMIGRANT PETITIONER ACCOUNT.— 

18 Section 286(s) (8 U.S.C. 1356(s)) is amended by striking 

19 paragraphs (3) and (4) and inserting the following: 

20 ‘‘(3) LOW-INCOME STEM SCHOLARSHIP PRO21 GRAM.— 

22 ‘‘(A) IN GENERAL.—Thirty percent of the 

23 amounts deposited into the H–1B Non24 immigrant Petitioner Account shall remain 

25 available to the Director of the National Science 


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1 Foundation until expended for scholarships de2 scribed in section 414(d) of the American Com3 petitiveness and Workforce Improvement Act of 

4 1998 (42 U.S.C. 1869c) for low-income stu5 dents enrolled in a program of study leading to 

6 a degree in science, technology, engineering, or 

7 mathematics. 

8 ‘‘(B) STEM EDUCATION FOR UNDERREP9 RESENTED.—The Director shall work in con10 sultation with, or direct scholarship funds 

11 through, national nonprofit organizations that 

12 primarily focus on science, technology, engineer13 ing, or mathematics education for underrep14 resented groups, such as women and minorities. 

15 ‘‘(C) LOAN FORGIVENESS.—The Director 

16 may expend funds from the Account for pur17 poses of loan forgiveness or repayment of stu18 dent loans which led to a low-income student 

19 obtaining a degree in science, technology, engi20 neering, mathematics, or other high demand 

21 fields. 

22 ‘‘(4) NATIONAL SCIENCE FOUNDATION GRANT

23 PROGRAM FOR K–12 SCIENCE, TECHNOLOGY, ENGI24 NEERING, AND MATHEMATICS EDUCATION.— 


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1 ‘‘(A) IN GENERAL.—Ten percent of the 

2 amounts deposited into the H–1B Non3 immigrant Petitioner Account shall remain 

4 available to the Director of the National Science 

5 Foundation until expended to carry out a direct 

6 or matching grant program to support improve7 ment in K–12 education, including through pri8 vate-public partnerships. Grants awarded pur9 suant to this paragraph shall include formula 

10 based grants that target lower income popu11 lations with a focus on reaching women and mi12 norities. 

13 ‘‘(B) TYPES OF PROGRAMS COVERED.— 

14 The Director shall award grants to programs 

15 that— 

16 ‘‘(i) support the development and im17 plementation of standards-based instruc18 tional materials models and related student 

19 assessments that enable K–12 students to 

20 acquire an understanding of science, tech21 nology, engineering, and mathematics, and 

22 to develop critical thinking skills; 

23 ‘‘(ii) provide systemic improvement in 

24 training K–12 teachers and education for 

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1 ing, and mathematics, including by sup2 porting efforts to promote gender-equality 

3 among students receiving such instruction; 

4 ‘‘(iii) support the professional develop5 ment of K–12 science, technology, engi6 neering, and mathematics teachers in the 

7 use of technology in the classroom; 

8 ‘‘(iv) stimulate systemwide K–12 re9 form of science, technology, engineering, 

10 and mathematics in urban, rural, and eco11 nomically disadvantaged regions of the 

12 United States; 

13 ‘‘(v) provide externships and other op14 portunities for students to increase their 

15 appreciation and understanding of science, 

16 technology, engineering, and mathematics 

17 (including summer institutes sponsored by 

18 an institution of higher education for stu19 dents in grades 7 through 12 that provide 

20 instruction in such fields); 

21 ‘‘(vi) involve partnerships of industry, 

22 educational institutions, and national or 

23 regional community based organizations 

24 with demonstrated experience addressing 


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1 the educational needs of disadvantaged 

2 communities; 

3 ‘‘(vii) provide college preparatory sup4 port to expose and prepare students for ca5 reers in science, technology, engineering, 

6 and mathematics; or 

7 ‘‘(viii) provide for carrying out sys8 temic reform activities under section 

9 3(a)(1) of the National Science Foundation 

10 Act of 1950 (42 U.S.C. 1862(a)(1)).’’. 

11 (c) USE OF FEE.—Section 286 (8 U.S.C. 1356) is 

12 amended by adding at the end the following: 

13 ‘‘(w) STEM EDUCATION AND TRAINING ACCOUNT.— 

14 ‘‘(1) IN GENERAL.—There is established in the 

15 general fund of the Treasury a separate account, 

16 which shall be known as the ‘STEM Education and 

17 Training Account’. Notwithstanding any other sec18 tion of this title, there shall be deposited as offset19 ting receipts into the Account all of the fees col20 lected under section 212(a)(5)(A)(v). 

21 ‘‘(2) PURPOSES.— 

22 ‘‘(A) IN GENERAL.—The purposes of the 

23 STEM Education and Training Account are to 

24 enhance the economic competitiveness of the 

25 United States by— 


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1 ‘‘(i) strengthening STEM education, 

2 including in computer science, at all levels; 

3 ‘‘(ii) ensuring that schools have access 

4 to well-trained and effective STEM teach5 ers; 

6 ‘‘(iii) supporting efforts to strengthen 

7 the elementary and secondary curriculum, 

8 including efforts to make courses in com9 puter science more broadly available; and 

10 ‘‘(iv) helping colleges and universities 

11 produce more graduates in fields needed by 

12 American employers. 

13 ‘‘(B) DEFINED TERM.—In this paragraph, 

14 the term ‘STEM education’ means instruction 

15 in a field of science, technology, engineering or 

16 math included in the Department of Edu17 cation’s Classification of Instructional Pro18 grams taxonomy within the summary groups of 

19 computer and information sciences and support 

20 services, engineering, mathematics and statis21 tics, biological and biomedical sciences, and 

22 physical sciences. 

23 ‘‘(3) ALLOCATIONS TO STATES AND TERRI24 TORIES.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), the Secretary of Education shall 

3 proportionately allocate 70 percent of the 

4 amounts deposited into the STEM Education 

5 and Training Account each fiscal year to the 50 

6 States, the District of Columbia, the Common7 wealth of Puerto Rico, Guam, the United States 

8 Virgin Islands, American Samoa, and the 

9 Northern Mariana Islands in an amount that 

10 bears the same relationship as the proportion 

11 the State, district, or territory received under 

12 subpart 2 of part A of title I of the Elementary 

13 and Secondary Education Act of 1965 (20 

14 U.S.C. 6331 et seq.) for the preceding fiscal 

15 year bears to the amount all States and terri16 tories received under that subpart for the pre17 ceding fiscal year. 

18 ‘‘(B) MINIMUM ALLOCATIONS.—No State 

19 or territory shall receive less than an amount 

20 equal to 0.5 percent of the total amount made 

21 available to all States from the STEM Edu22 cation and Training Account. If a State or ter23 ritory does not request an allocation from the 

24 Account for a fiscal year, the Secretary shall re25 allocate the State’s allocation to the remaining 


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1 States and territories in accordance with this 

2 paragraph. 

3 ‘‘(C) USE OF FUNDS.—Amounts allocated 

4 pursuant to this paragraph may be used for the 

5 activities described in section 4104(c) of the 

6 Border Security, Economic Opportunity, and 

7 Immigration Modernization Act. 

8 ‘‘(4) STEM CAPACITY BUILDING AT MINORITY9 SERVING INSTITUTIONS.— 

10 ‘‘(A) IN GENERAL.—The Secretary of Edu11 cation shall allocate 20 percent of the amounts 

12 deposited into the STEM Education and Train13 ing Account to establish or expand programs to 

14 award grants to institutions described in sub15 paragraph (C)— 

16 ‘‘(i) to enhance the quality of under17 graduate science, technology, engineering, 

18 and mathematics education at such institu19 tions; and 

20 ‘‘(ii) to increase the retention and 

21 graduation rates of students pursuing de22 grees in such fields at such institutions. 

23 ‘‘(B) TYPES OF PROGRAMS COVERED.— 

24 Grants awarded under this paragraph shall be 

25 awarded to— 


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1 ‘‘(i) minority-serving institutions of 

2 higher education for— 

3 ‘‘(I) activities to improve courses 

4 and curriculum in science, technology, 

5 engineering, and mathematics; 

6 ‘‘(II) efforts to promote gender 

7 equality among students enrolled in 

8 such courses; 

9 ‘‘(III) faculty development; 

10 ‘‘(IV) stipends for undergraduate 

11 students participating in research; 

12 and 

13 ‘‘(V) other activities consistent 

14 with subparagraph (A), as determined 

15 by the Secretary of Education; and 

16 ‘‘(ii) to other institutions of higher 

17 education to partner with the institutions 

18 described in clause (i) for— 

19 ‘‘(I) faculty and student develop20 ment and exchange; 

21 ‘‘(II) research infrastructure de22 velopment; 

23 ‘‘(III) joint research projects; 

24 and 


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1 ‘‘(IV) identification and develop2 ment of minority and low-income can3 didates for graduate studies in 

4 science, technology, engineering, and 

5 mathematics degree programs. 

6 ‘‘(C) INSTITUTIONS INCLUDED.—In this 

7 paragraph, the term ‘institutions’ shall in8 clude— 

9 ‘‘(i) colleges eligible to receive funds 

10 under the Act of August 30, 1890 (7 

11 U.S.C. 321–326a and 328), including 

12 Tuskegee University; 

13 ‘‘(ii) 1994 Institutions, as defined in 

14 section 532 of the Equity in Educational 

15 Land-Grant Status Act of 1994 (7 U.S.C. 

16 301 note); 

17 ‘‘(iii) part B institutions (as defined 

18 in section 322 of the Higher Education 

19 Act of 1965 (20 U.S.C. 1061)); and 

20 ‘‘(iv) Hispanic-serving institutions, as 

21 defined in section 502(a)(5) of the Higher 

22 Education Act of 1965 (20 U.S.C. 

23 1101a(a)(5)). 

24 ‘‘(D) GRANTING OF BONDING AUTHOR25 ITY.—A recipient of a grant awarded under this 


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1 paragraph is authorized to utilize such funds 

2 for the issuance of bonds to fund research in3 frastructure development. 

4 ‘‘(E) LOAN FORGIVENESS.—The Director 

5 may expend funds from the allocation under 

6 this paragraph for purposes of loan forgiveness 

7 or repayment of student loans which led to a 

8 low-income student obtaining a degree in 

9 science, technology, engineering, mathematics, 

10 or other high demand fields. 

11 ‘‘(5) WORKFORCE INVESTMENT.—The Sec12 retary of Education shall allocate 5 percent of the 

13 amounts deposited into the STEM Education and 

14 Training Account to the Secretary of Labor until ex15 pended for statewide workforce investment activities 

16 that may also benefit veterans and their spouses, in17 cluding youth activities and statewide employment 

18 and training and activities for adults and dislocated 

19 workers described in section 128(a) of the Workforce 

20 Investment Act of 1998 (29 U.S.C. 2853(a)), and 

21 the development of licensing and credentialing pro22 grams. 

23 ‘‘(6) AMERICAN DREAM ACCOUNTS.—The Sec24 retary of Education shall allocate 3 percent of the 

25 amounts deposited into the STEM Education and 


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1 Training Account to award grants, on a competitive 

2 basis, to eligible entities to enable such eligible enti3 ties to establish and administer American Dream 

4 Accounts under section 4104(e) of the Illegal Immi5 gration Reform and Immigrant Responsibility Act of 

6 1996. 

7 ‘‘(7) ADMINISTRATION EXPENSES.—The Sec8 retary of Education may expend up to 2 percent of 

9 the amounts deposited into the STEM Education 

10 and Training Account for administrative expenses, 

11 including conducting an annual evaluation of the im12 plementation and impact of the activities funded by 

13 the STEM Education and Training Account as re14 quired under section 4104(c)(3) of the Border Secu15 rity, Economic Opportunity, and Immigration Mod16 ernization Act.’’. 

17 (d) STEM EDUCATION GRANTS.— 

18 (1) APPLICATION PROCESS.— 

19 (A) IN GENERAL.—Each Governor and 

20 Chief State School Officer desiring an allocation 

21 from the STEM Education and Training Ac22 count under section 286(w)(3) of the Immigra23 tion and Nationality Act, as added by sub24 section (b), shall jointly submit a plan, includ25 ing a proposed budget, signed by the Governor 


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1 and Chief State School Officer, to the Secretary 

2 of Education at such time, in such form, and 

3 including such information as the Secretary of 

4 Education may prescribe pursuant to subpara5 graph (B). The plan shall describe how the 

6 State plans to improve STEM education to 

7 meet the needs of students and employers in 

8 the State. 

9 (B) RULEMAKING.—The Secretary of Edu10 cation shall issue a rule, through a rulemaking 

11 procedure that complies with section 553 of 

12 title 5, United States Code, prescribing the in13 formation that should be included in the State 

14 plans submitted under subparagraph (A). 

15 (2) ALLOWABLE ACTIVITIES.—A State, district, 

16 or territory that receives funding from the STEM 

17 Education and Training Account may use such 

18 funding to develop and implement science, tech19 nology, engineering, and mathematics (STEM) ac20 tivities to serve students, including students of 

21 underrepresented groups such as minorities, eco22 nomically disadvantaged, and females by— 

23 (A) strengthening the State’s STEM aca24 demic achievement standards; 


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1 (B) implementing strategies for the re2 cruitment, training, placement, and retention of 

3 teachers in STEM fields, including computer 

4 science; 

5 (C) carrying out initiatives designed to as6 sist students in succeeding and graduating from 

7 postsecondary STEM programs; 

8 (D) improving the availability and access 

9 to STEM-related worker training programs, in10 cluding community college courses and pro11 grams; 

12 (E) forming partnerships with higher edu13 cation, economic development, workforce, indus14 try, and local educational agencies; or 

15 (F) engaging in other activities, as deter16 mined by the State, in consultation with busi17 nesses and State agencies, to improve STEM 

18 education. 

19 (3) NATIONAL EVALUATION.— 

20 (A) IN GENERAL.—Using amounts allo21 cated under section 286(w)(7) of the Immigra22 tion and Nationality Act, as added by sub23 section (b), the Secretary of Education shall 

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1 tion and impact of the activities funded by the 

2 STEM Education and Training Account. 

3 (B) ANNUAL REPORT.—The Secretary 

4 shall submit a report describing the results of 

5 each evaluation conducted under subparagraph 

6 (A) to— 

7 (i) the President; 

8 (ii) the Committee on the Judiciary of 

9 the Senate; 

10 (iii) the Committee on the Judiciary 

11 of the House of Representatives; 

12 (iv) the Committee on Health, Edu13 cation, Labor, and Pensions of the Senate; 

14 and 

15 (v) the Committee on Education and 

16 the Workforce of the House of Representa17 tives. 

18 (C) DISSEMINATION.—The Secretary shall 

19 make the findings of the evaluation widely 

20 available to educators, the business community, 

21 and the public. 

22 (4) RULE OF CONSTRUCTION.—Nothing in this 

23 subsection may be construed to permit the Secretary 

24 of Education or any other Federal official to approve 


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1 the content or academic achievement standards of a 

2 State. 

3 (e) AMERICAN DREAM ACCOUNTS.— 

4 (1) DEFINITIONS.—In this subsection: 

5 (A) AMERICAN DREAM ACCOUNT.—The 

6 term ‘‘American Dream Account’’ means a per7 sonal online account for low-income students 

8 that monitors higher education readiness and 

9 includes a college savings account. 

10 (B) APPROPRIATE COMMITTEES OF CON11 GRESS.—The term ‘‘appropriate committees of 

12 Congress’’ means— 

13 (i) the Committee on Health, Edu14 cation, Labor, and Pensions of the Senate; 

15 (ii) the Committee on Appropriations 

16 of the Senate; 

17 (iii) the Committee on Finance of the 

18 Senate; 

19 (iv) the Committee on Education and 

20 the Workforce of the House of Representa21 tives; 

22 (v) the Committee on Appropriations 

23 of the House of Representatives; 


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1 (vi) the Committee on Ways and 

2 Means of the House of Representatives; 

3 and 

4 (vii) any other committee of the Sen5 ate or House of Representatives that the 

6 Secretary determines appropriate. 

7 (C) COLLEGE SAVINGS ACCOUNT.—The 

8 term ‘‘college savings account’’ means a savings 

9 account that— 

10 (i) provides some tax-preferred accu11 mulation; 

12 (ii) is widely available (such as Quali13 fied Tuition Programs under section 529 

14 of the Internal Revenue Code of 1986 or 

15 Coverdell Education Savings Accounts 

16 under section 530 of the Internal Revenue 

17 Code of 1986); and 

18 (iii) contains funds that may be used 

19 only for the costs associated with attending 

20 an institution of higher education, includ21 ing— 

22 (I) tuition and fees; 

23 (II) room and board; 

24 (III) textbooks; 

25 (IV) supplies and equipment; and 


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1 (V) internet access. 

2 (D) DUAL ENROLLMENT PROGRAM.—The 

3 term ‘‘dual enrollment program’’ means an aca4 demic program through which a secondary 

5 school student is able simultaneously to earn 

6 credit toward a secondary school diploma and a 

7 postsecondary degree or credential. 

8 (E) ELIGIBLE ENTITY.—The term ‘‘eligible 

9 entity’’ means— 

10 (i) a State educational agency; 

11 (ii) a local educational agency; 

12 (iii) a charter school or charter man13 agement organization; 

14 (iv) an institution of higher education; 

15 (v) a nonprofit organization; 

16 (vi) an entity with demonstrated expe17 rience in educational savings or in assist18 ing low-income students to prepare for, 

19 and attend, an institution of higher edu20 cation; or 

21 (vii) a consortium of 2 or more of the 

22 entities described in clause (i) through (vi). 

23 (F) ESEA DEFINITIONS.—The terms 

24 ‘‘local educational agency’’, ‘‘parent’’, and 

25 ‘‘State educational agency’’ have the meanings 


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1 given the terms in section 9101 of the Elemen2 tary and Secondary Education Act of 1965 (20 

3 U.S.C. 7801) and the term ‘‘charter school’’ 

4 has the meaning given the term in section 5210 

5 of such Act. 

6 (G) INSTITUTION OF HIGHER EDU7 CATION.—The term ‘‘institution of higher edu8 cation’’ has the meaning given the term in sec9 tion 101(a) of the Higher Education Act of 

10 1965 (20 U.S.C. 1001(a)). 

11 (H) LOW-INCOME STUDENT.—The term 

12 ‘‘low-income student’’ means a student who is 

13 eligible to receive a free or reduced price lunch 

14 under the Richard B. Russell National School 

15 Lunch Act (42 U.S.C. 1751 et seq.). 

16 (2) GRANT PROGRAM.— 

17 (A) PROGRAM AUTHORIZED.—The Sec18 retary of Education is authorized to award 

19 grants, on a competitive basis, to eligible enti20 ties to enable such eligible entities to establish 

21 and administer American Dream Accounts for a 

22 group of low-income students. 

23 (B) RESERVATION.—From the amount 

24 made available each fiscal year to carry out this 

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1 gration and Nationality Act, the Secretary of 

2 Education shall reserve not more than 5 per3 cent of such amount to carry out the evaluation 

4 activities described in paragraph (5)(A). 

5 (C) DURATION.—A grant awarded under 

6 this subsection shall be for a period of not more 

7 than 3 years. The Secretary of Education may 

8 extend such grant for an additional 2-year pe9 riod if the Secretary of Education determines 

10 that the eligible entity has demonstrated signifi11 cant progress, based on the factors described in 

12 paragraph (3)(B)(xi). 

13 (3) APPLICATIONS; PRIORITY.— 

14 (A) IN GENERAL.—Each eligible entity de15 siring a grant under this subsection shall sub16 mit an application to the Secretary of Edu17 cation at such time, in such manner, and con18 taining such information as the Secretary of 

19 Education may require. 

20 (B) CONTENTS.—The application de21 scribed in subparagraph (A) shall include— 

22 (i) a description of the characteristics 

23 of a group of not less than 30 low-income 

24 public school students who— 


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1 (I) are, at the time of the appli2 cation, attending a grade not higher 

3 than grade 9; and 

4 (II) will, under the grant, receive 

5 an American Dream Account; 

6 (ii) a description of how the eligible 

7 entity will engage, and provide support 

8 (such as tutoring and mentoring for stu9 dents, and training for teachers and other 

10 stakeholders) either online or in person, 

11 to— 

12 (I) the students in the group de13 scribed in clause (i); 

14 (II) the family members and 

15 teachers of such students; and 

16 (III) other stakeholders such as 

17 school administrators and school 

18 counselors; 

19 (iii) an identification of partners who 

20 will assist the eligible entity in establishing 

21 and sustaining American Dream Accounts; 

22 (iv) a description of what experience 

23 the eligible entity or the eligible entity’s 

24 partners have in managing college savings 

25 accounts, preparing low-income students 


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1 for postsecondary education, managing on2 line systems, and teaching financial lit3 eracy; 

4 (v) a description of how the eligible 

5 entity will help increase the value of the 

6 college savings account portion of each 

7 American Dream Account, such as by pro8 viding matching funds or incentives for 

9 academic achievement; 

10 (vi) a description of how the eligible 

11 entity will notify each participating student 

12 in the group described in subparagraph 

13 (A), on a semiannual basis, of the current 

14 balance and status of the student’s college 

15 savings account portion of the student’s 

16 American Dream Account; 

17 (vii) a plan that describes how the eli18 gible entity will monitor participating stu19 dents in the group described in clause (i) 

20 to ensure that each student’s American 

21 Dream Account will be maintained if a stu22 dent in such group changes schools before 

23 graduating from secondary school; 

24 (viii) a plan that describes how the 

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1 aged for not less than 1 year after a ma2 jority of the students in the group de3 scribed in clause (i) graduate from sec4 ondary school; 

5 (ix) a description of how the eligible 

6 entity will encourage students in the group 

7 described in clause (i) who fail to graduate 

8 from secondary school to continue their 

9 education; 

10 (x) a description of how the eligible 

11 entity will evaluate the grant program, in12 cluding by collecting, as applicable, data 

13 about the students in the group described 

14 in clause (i) during the grant period, and, 

15 if sufficient grant funds are available, after 

16 the grant period, including 

17 (I) attendance rates; 

18 (II) progress reports; 

19 (III) grades and course selec20 tions; 

21 (IV) the student graduation rate 

22 (as defined in section 1111 

23 (b)(2)(C)(vi) of the Elementary and 

24 Secondary Education Act of 1965 (20 

25 U.S.C. 6311(b)(2)(C)(vi))); 


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1 (V) rates of student completion 

2 of the Free Application for Federal 

3 Student Aid described in section 483 

4 of the Higher Education Act of 1965 

5 (20 U.S.C. 1090); 

6 (VI) rates of enrollment in an in7 stitution of higher education; and 

8 (VII) rates of completion at an 

9 institution of higher education; 

10 (xi) a description of what will happen 

11 to the funds in the college savings account 

12 portion of the American Dream Accounts 

13 that are dedicated to participating stu14 dents described in clause (i) who have not 

15 matriculated at an institution of higher 

16 education at the time of the conclusion of 

17 the period of American Dream Account 

18 management described in clause (viii); 

19 (xii) a description of how the eligible 

20 entity will ensure that funds in the college 

21 savings account portion of the American 

22 Dream Accounts will not make families in23 eligible for public assistance; and 

24 (xiii) a description of how the eligible 

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1 dents described in clause (i) will have ac2 cess to the Internet; 

3 (C) PRIORITY.—In awarding grants under 

4 this subsection, the Secretary of Education 

5 shall give priority to applications from eligible 

6 entities that— 

7 (i) are described in paragraph 

8 (1)(E)(vii); 

9 (ii) serve the largest number of low-in10 come students; 

11 (iii) emphasize preparing students to 

12 pursue careers in science, technology, engi13 neering, or mathematics; or 

14 (iv) in the case of an eligible entity 

15 described in clause (i) or (ii) of paragraph 

16 (1)(E), provide opportunities for partici17 pating students described in clause (i) to 

18 participate in a dual enrollment program 

19 at no cost to the student. 

20 (4) AUTHORIZED ACTIVITIES.— 

21 (A) IN GENERAL.—An eligible entity that 

22 receives a grant under this subsection shall use 

23 such grant funds to establish an American 

24 Dream Account for each participating student 


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1 described in paragraph (3)(B)(i), which will be 

2 used to— 

3 (i) open a college savings account for 

4 such student; 

5 (ii) monitor the progress of such stu6 dent online, which— 

7 (I) shall include monitoring stu8 dent data relating to— 

9 (aa) grades and course se10 lections; 

11 (bb) progress reports; and 

12 (cc) attendance and discipli13 nary records; and 

14 (II) may also include monitoring 

15 student data relating to a broad range 

16 of information, provided by teachers 

17 and family members, related to post18 secondary education readiness, access, 

19 and completion; 

20 (iii) provide opportunities for such 

21 students, either online or in person, to 

22 learn about financial literacy, including 

23 by— 


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1 (I) assisting such students in fi2 nancial planning for enrollment in an 

3 institution of higher education; and 

4 (II) assisting such students in 

5 identifying and applying for financial 

6 aid (such as loans, grants, and schol7 arships) for an institution of higher 

8 education; 

9 (iv) provide opportunities for such 

10 students, either online or in person, to 

11 learn about preparing for enrollment in an 

12 institution of higher education, including 

13 by providing instruction to students 

14 about— 

15 (I) choosing the appropriate 

16 courses to prepare for postsecondary 

17 education; 

18 (II) applying to an institution of 

19 higher education; 

20 (III) building a student portfolio, 

21 which may be used when applying to 

22 an institution of higher education; 

23 (IV) selecting an institution of 

24 higher education; 


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1 (V) choosing a major for the stu2 dent’s postsecondary program of edu3 cation or a career path, including spe4 cific instruction on pursuing science, 

5 technology, engineering, and mathe6 matics majors; and 

7 (VI) adapting to life at an insti8 tution of higher education; and 

9 (v) provide opportunities for such stu10 dents, either online or in person, to iden11 tify skills or interests, including career in12 terests. 

13 (B) ACCESS TO AMERICAN DREAM AC14 COUNT.— 

15 (i) IN GENERAL.—Subject to clause 

16 (iii) and (iv), and in accordance with appli17 cable Federal laws and regulations relating 

18 to privacy of information and the privacy 

19 of children, an eligible entity that receives 

20 a grant under this subsection shall allow 

21 vested stakeholders described in clause (ii), 

22 to have secure access, through the Inter23 net, to an American Dream Account. 

24 (ii) VESTED STAKEHOLDERS.—The 

25 vested stakeholders that an eligible entity 


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1 shall permit to access an American Dream 

2 Account are individuals (such as the stu3 dent’s teachers, school counselors, coun4 selors at an institution of higher education, 

5 school administrators, or other individuals) 

6 that are designated, in accordance with the 

7 Family Educational Rights and Privacy 

8 Act of 1974 (20 U.S.C. 1232g), by the 

9 parent of a participating student in whose 

10 name such American Dream Account is 

11 held, as having permission to access the 

12 account. A student’s parent may withdraw 

13 such designation from an individual at any 

14 time. 

15 (iii) EXCEPTION FOR COLLEGE SAV16 INGS ACCOUNT.—An eligible entity that re17 ceives a grant under this subsection shall 

18 not be required to give vested stakeholders 

19 described in clause (ii), access to the col20 lege savings account portion of a student’s 

21 American Dream Account. 

22 (iv) ADULT STUDENTS.—Notwith23 standing clause (i) through (iii), if a par24 ticipating student is age 18 or older, an el25 igible entity that receives a grant under 


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1 this subsection shall not provide access to 

2 such participating student’s American 

3 Dream Account without the student’s con4 sent, in accordance with the Family Edu5 cational Rights and Privacy Act of 1974 

6 (20 U.S.C. 1232g). 

7 (v) INPUT OF STUDENT INFORMA8 TION.—Student data collected pursuant to 

9 subparagraph (A)(ii)(I) may only be en10 tered into an American Dream Account by 

11 a school administrator or such administra12 tor’s designee. 

13 (C) PROHIBITION ON USE OF STUDENT IN14 FORMATION.—An eligible entity that receives a 

15 grant under this subsection may not use any 

16 student-level information or data for the pur17 pose of soliciting, advertising, or marketing any 

18 financial or nonfinancial consumer product or 

19 service that is offered by such eligible entity, or 

20 on behalf of any other person. 

21 (D) LIMITATION ON THE USE OF GRANT

22 FUNDS.—An eligible entity shall not use more 

23 than 25 percent of the grant funds provided 

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1 posit into a college savings account portion of 

2 a student’s American Dream Account. 

3 (5) REPORTS AND EVALUATIONS.— 

4 (A) IN GENERAL.—Not later than 1 year 

5 after the Secretary of Education has disbursed 

6 grants under this subsection, and annually 

7 thereafter, the Secretary of Education shall pre8 pare and submit a report to the appropriate 

9 committees of Congress that includes an evalua10 tion of the effectiveness of the grant program 

11 established under this subsection. 

12 (B) CONTENTS.—The report described in 

13 subparagraph (A) shall— 

14 (i) list the grants that have been 

15 awarded under paragraph (2)(A); 

16 (ii) include the number of students 

17 who have an American Dream Account es18 tablished through a grant awarded under 

19 paragraph (2)(A); 

20 (iii) provide data (including the inter21 est accrued on college savings accounts 

22 that are part of an American Dream Ac23 count) in the aggregate, regarding stu24 dents who have an American Dream Ac25 count established through a grant awarded 


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1 under paragraph (2)(A), as compared to 

2 similarly situated students who do not have 

3 an American Dream Account; 

4 (iv) identify best practices developed 

5 by the eligible entities receiving grants 

6 under this subsection; 

7 (v) identify any issues related to stu8 dent privacy and stakeholder accessibility 

9 to American Dream Accounts; 

10 (vi) provide feedback from partici11 pating students and the parents of such 

12 students about the grant program, includ13 ing— 

14 (I) the impact of the program; 

15 (II) aspects of the program that 

16 are successful; 

17 (III) aspects of the program that 

18 are not successful; and 

19 (IV) any other data required by 

20 the Secretary of Education; and 

21 (vii) provide recommendations for ex22 panding the American Dream Accounts 

23 program. 

24 (6) ELIGIBILITY TO RECEIVE FEDERAL STU25 DENT FINANCIAL AID.—Notwithstanding any other 


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1 provision of law, any funds that are in the college 

2 savings account portion of a student’s American 

3 Dream Account shall not affect such student’s eligi4 bility to receive Federal student financial aid, includ5 ing any Federal student financial aid under the 

6 Higher Education Act of 1965 (20 U.S.C. 1001), 

7 and shall not be considered in determining the 

8 amount of any such Federal student aid. 

9 (f) CONFORMING AMENDMENT.—Section 480(j) of 

10 the Higher Education Act of 1965 (20 U.S.C. 1087vv(j)) 

11 is amended by adding at the end the following: 

12 ‘‘(5) Notwithstanding paragraph (1), amounts 

13 made available under the college savings account 

14 portion of an American Dream Account under sec15 tion 4105(e)(4) of the Illegal Immigration Reform 

16 and Immigrant Responsibility Act of 1996 shall not 

17 be treated as estimated financial assistance for pur18 poses of section 471(3).’’. 

19 SEC. 4105. H–1B AND L VISA FEES. 

20 Section 281 (8 U.S.C. 1351) is amended— 

21 (1) by striking ‘‘The fees’’ and inserting the fol22 lowing: 

23 ‘‘(a) IN GENERAL.—The fees’’; 

24 (2) by striking ‘‘: Provided, That nonimmigrant 

25 visas’’ and inserting the following: ‘‘. 


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1 ‘‘(b) UNITED NATIONS VISITORS.—Nonimmigrant 

2 visas’’; 

3 (3) by striking ‘‘Subject to’’ and inserting the 

4 following: 

5 ‘‘(c) FEE WAIVERS OR REDUCTIONS.—Subject to’’; 

6 and 

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

8 ‘‘(d) H–1B AND L VISA FEES.—In addition to the 

9 fees authorized under subsection (a), the Secretary of 

10 Homeland Security shall collect, from each employer (ex11 cept for nonprofit research institutions and nonprofit edu12 cational institutions) filing a petition to hire non13 immigrants described in subparagraph (H)(i)(B) or (L) 

14 of section 101(a)(15), a fee in an amount equal to— 

15 ‘‘(1) $1,250 for each such petition filed by any 

16 employer with not more than 25 full-time equivalent 

17 employees in the United States; and 

18 ‘‘(2) $2,500 for each such petition filed by any 

19 employer with more than 25 such employees.’’. 


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1 Subtitle B—H–1B Visa Fraud and 

2 Abuse Protections 

3 CHAPTER 1—H–1B EMPLOYER 

4 APPLICATION REQUIREMENTS 

5 SEC. 4211. MODIFICATION OF APPLICATION REQUIRE6 MENTS. 

7 (a) GENERAL APPLICATION REQUIREMENTS.— 

8 (1) WAGE RATES.—Section 212(n)(1)(A) (8 

9 U.S.C. 1182(n)(1)(A)) is amended— 

10 (A) in clause (i)— 

11 (i) in the matter preceding subclause 

12 (I), by inserting ‘‘if the employer is not an 

13 H–1B-dependent employer,’’ before ‘‘is of14 fering’’; 

15 (ii) in subclause (I), by striking 

16 ‘‘question, or’’ and inserting ‘‘question; 

17 or’’; 

18 (iii) in subclause (II), by striking 

19 ‘‘employment,’’ and inserting ‘‘employ20 ment;’’ and 

21 (iv) in the undesignated material fol22 lowing subclause (II), by striking ‘‘applica23 tion, and’’ and inserting ‘‘application;’’; 

24 and 


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1 (B) by striking clause (ii) and inserting the 

2 following: 

3 ‘‘(ii) if the employer is an H–1B-dependent 

4 employer, is offering and will offer to H–1B 

5 nonimmigrants, during the period of authorized 

6 employment for each H–1B nonimmigrant, 

7 wages that are not less than the level 2 wages 

8 set out in subsection (p); and 

9 ‘‘(iii) will provide working conditions for 

10 H–1B nonimmigrants that will not adversely af11 fect the working conditions of other workers 

12 similarly employed.’’. 

13 (2) STRENGTHENING THE PREVAILING WAGE

14 SYSTEM.—Section 212(p) (8 U.S.C. 1182(p)) is 

15 amended to read as follows: 

16 ‘‘(p) COMPUTATION OF PREVAILING WAGE LEVEL.— 

17 ‘‘(1) IN GENERAL.— 

18 ‘‘(A) SURVEYS.—For employers of non19 immigrants admitted pursuant to section 

20 101(a)(15)(H)(i)(b), the Secretary of Labor 

21 shall make available to employers a govern22 mental survey to determine the prevailing wage 

23 for each occupational classification by metro24 politan statistical area in the United States. 

25 Such survey, or other survey approved by the 


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1 Secretary of Labor, shall provide 3 levels of 

2 wages commensurate with experience, edu3 cation, and level of supervision. Such wage lev4 els shall be determined as follows: 

5 ‘‘(i) The first level shall be the mean 

6 of the lowest two-thirds of wages surveyed, 

7 but in no case less than 80 percent of the 

8 mean of the wages surveyed. 

9 ‘‘(ii) The second level shall be the 

10 mean of wages surveyed. 

11 ‘‘(iii) The third level shall be the 

12 mean of the highest two-thirds of wages 

13 surveyed. 

14 ‘‘(B) EDUCATIONAL, NONPROFIT, RE15 SEARCH, AND GOVERNMENTAL ENTITIES.—In 

16 computing the prevailing wage level for an occu17 pational classification in an area of employment 

18 for purposes of section 203(b)(1)(D) and sub19 sections (a)(5)(A), (n)(1)(A)(i)(II), and 

20 (t)(1)(A)(i)(II) of this section in the case of an 

21 employee of— 

22 ‘‘(i) an institution of higher education, 

23 or a related or affiliated nonprofit entity; 

24 or 


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1 ‘‘(ii) a nonprofit research organization 

2 or a governmental research organization; 

3 the prevailing wage level shall only take into ac4 count employees at such institutions and orga5 nizations in the area of employment. 

6 ‘‘(2) PAYMENT OF PREVAILING WAGE.—The 

7 prevailing wage level required to be paid pursuant to 

8 section 203(b)(1)(D) and subsections (a)(5)(A), 

9 (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section 

10 shall be 100 percent of the wage level determined 

11 pursuant to those sections. 

12 ‘‘(3) PROFESSIONAL ATHLETE.—With respect 

13 to a professional athlete (as defined in subsection 

14 (a)(5)(A)(iii)(II)) when the job opportunity is cov15 ered by professional sports league rules or regula16 tions, the wage set forth in those rules or regula17 tions shall be considered as not adversely affecting 

18 the wages of United States workers similarly em19 ployed and shall be considered the prevailing wage. 

20 ‘‘(4) WAGES FOR H–2B EMPLOYEES.— 

21 ‘‘(A) IN GENERAL.—The wages paid to H– 

22 2B nonimmigrants employed by the employer 

23 will be the greater of— 

24 ‘‘(i) the actual wage level paid by the 

25 employer to other employees with similar 


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1 experience and qualifications for such posi2 tion; or 

3 ‘‘(ii) the prevailing wage level for the 

4 occupational classification of the position 

5 in the geographic area of the employment, 

6 based on the best information available as 

7 of the time of filing the application. 

8 ‘‘(B) BEST INFORMATION AVAILABLE.—In 

9 subparagraph (A), the term ‘best information 

10 available’, with respect to determining the pre11 vailing wage for a position, means— 

12 ‘‘(i) a controlling collective bargaining 

13 agreement or Federal contract wage, if ap14 plicable; 

15 ‘‘(ii) if there is no applicable wage 

16 under clause (i), the wage level commensu17 rate with the experience, training, and su18 pervision required for the job based on Bu19 reau of Labor Statistics data; or 

20 ‘‘(iii) if the data referred to in clause 

21 (ii) is not available, a legitimate and recent 

22 private survey of the wages paid for such 

23 positions in the metropolitan statistical 

24 area.’’. 


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1 (3) WAGES FOR EDUCATIONAL, NONPROFIT, 

2 RESEARCH, AND GOVERNMENTAL ENTITIES.—Sec3 tion 212 (8 U.S.C. 1182), as amended by sections 

4 2312 and 2313, is further amended by adding at the 

5 end the following: 

6 ‘‘(x) DETERMINATION OF PREVAILING WAGE.—In 

7 the case of a nonprofit institution of higher education (as 

8 defined in section 101(a) of the Higher Education Act of 

9 1965 (20 U.S.C. 1001(a))), a related or affiliated non10 profit entity, a nonprofit research organization, or a gov11 ernmental research organization, the Secretary of Labor 

12 shall determine such wage levels as follows: 

13 ‘‘(1) If the Secretary of Labor uses, or makes 

14 available to employers, a governmental survey to de15 termine the prevailing wage, such survey shall pro16 vide at least 4 levels of wages commensurate with 

17 experience, education, and the level of supervision. 

18 ‘‘(2) If an existing government survey has only 

19 2 levels, 2 intermediate levels may be created by di20 viding by 3, the difference between the 2 levels of21 fered, adding the quotient thus obtained to the first 

22 level and subtracting that quotient from the second 

23 level. 


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1 ‘‘(3) For institutions of higher education, only 

2 teaching positions and research positions may be 

3 paid using this special educational wage level. 

4 ‘‘(4) In computing the prevailing wage level for 

5 an occupational classification in an area of employ6 ment for purposes of subsections (a)(5)(A), 

7 (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) and section 

8 203(b)(1)(D) for an employee of an institution of 

9 higher education, or a related or affiliated nonprofit 

10 entity or a nonprofit research organization or a gov11 ernmental research organization, the prevailing wage 

12 level shall only take into account employees at such 

13 institutions and organizations in the area of employ14 ment.’’. 

15 (b) INTERNET POSTING REQUIREMENT.—Section 

16 212(n)(1)(C) (8 U.S.C. 1182(n)(1)(C)) is amended— 

17 (1) by redesignating clause (ii) as subclause 

18 (II); 

19 (2) by striking ‘‘(i) has provided’’ and inserting 

20 the following: 

21 ‘‘(ii)(I) has provided’’; 

22 (3) by striking ‘‘sought, or’’ and inserting 

23 ‘‘sought; or’’; and 

24 (4) by inserting before clause (ii), as redesig25 nated by paragraph (2), the following: 


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1 ‘‘(i) has advertised on the Internet website 

2 maintained by the Secretary of Labor for the 

3 purpose of such advertising, for at least 30 cal4 endar days, a detailed description of each posi5 tion for which a nonimmigrant is sought that 

6 includes a description of— 

7 ‘‘(I) the wage ranges and other terms 

8 and conditions of employment; 

9 ‘‘(II) the minimum education, train10 ing, experience, and other requirements for 

11 the position; 

12 ‘‘(III) the process for applying for the 

13 position; 

14 ‘‘(IV) the title and description of the 

15 position, including the location where the 

16 work will be performed; and 

17 ‘‘(V) the name, city, and zip code of 

18 the employer; and’’. 

19 (c) APPLICATION OF REQUIREMENTS TO ALL EM20 PLOYERS.— 

21 (1) NONDISPLACEMENT.—Section 212(n)(1)(E) 

22 (8 U.S.C. 1182(n)(1)(E)) is amended to read as fol23 lows: 

24 ‘‘(E)(i)(I) In the case of an application filed by 

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1 ent employer, and is not an H–1B dependent em2 ployer, the employer did not displace and will not 

3 displace a United States worker employed by the 

4 employer during the period beginning 90 days before 

5 the date on which a visa petition supported by the 

6 application is filed and ending 90 days after such fil7 ing. 

8 ‘‘(II) An employer that is not an H–1B skilled 

9 worker dependent employer shall not be subject to 

10 subclause (I) unless— 

11 ‘‘(aa) the employer is filing the H–1B peti12 tion with the intent or purpose of displacing a 

13 specific United States worker from the position 

14 to be occupied by the beneficiary of the petition; 

15 or 

16 ‘‘(bb) workers are displaced who— 

17 ‘‘(AA) provide services, in whole or in 

18 part, at 1 or more worksites owned, oper19 ated, or controlled by a Federal, State, or 

20 local government entity, other than a pub21 lic institution of higher education, that di22 rects and controls the work of the H–1B 

23 worker; or 


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1 ‘‘(BB) are employed as public school 

2 kindergarten, elementary, middle school, or 

3 secondary school teachers. 

4 ‘‘(ii)(I) In the case of an application filed by an 

5 H–1B-dependent employer, the employer did not dis6 place and will not displace a United States worker 

7 employed by the employer within the period begin8 ning 180 days before the date on which a visa peti9 tion supported by the application is filed and ending 

10 180 days after such filing. 

11 ‘‘(II) An application described in this clause is 

12 an application filed on or after the date final regula13 tions are first promulgated to carry out this sub14 paragraph, and before by an H–1B-dependent em15 ployer (as defined in paragraph (3)) or by an em16 ployer that has been found, on or after the date of 

17 the enactment of the American Competitiveness and 

18 Workforce Improvement Act of 1998, under para19 graph (2)(C) or (5) to have committed a willful fail20 ure or misrepresentation during the 5-year period 

21 preceding the filing of the application. 

22 ‘‘(iii) In this subparagraph, the term ‘job zone’ 

23 means a zone assigned to an occupation by— 


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1 ‘‘(I) the Occupational Information Network 

2 Database (O*NET) on the date of the enact3 ment of this Act; or 

4 ‘‘(II) such database or a similar successor 

5 database, as designated by the Secretary of 

6 Labor, after the date of the enactment of Bor7 der Security, Economic Opportunity, and Immi8 gration Modernization Act.’’. 

9 (2) RECRUITMENT.—Section 212(n)(1)(G) (8 

10 U.S.C. 1182(n)(1)(G)) is amended to read as fol11 lows: 

12 ‘‘(G) An employer, prior to filing the applica13 tion— 

14 ‘‘(i) has taken good faith steps to recruit 

15 United States workers for the occupational clas16 sification for which the nonimmigrant or non17 immigrants is or are sought, using procedures 

18 that meet industry-wide standards and offering 

19 compensation that is at least as great as that 

20 required to be offered to H–1B nonimmigrants 

21 under subparagraph (A); 

22 ‘‘(ii) has advertised the job on an Internet 

23 website maintained by the Secretary of Labor 

24 for the purpose of such advertising; and 


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1 ‘‘(iii) if the employer is an H–1B skilled 

2 worker dependent employer, has offered the job 

3 to any United States worker who applies and is 

4 equally or better qualified for the job for which 

5 the nonimmigrant or nonimmigrants is or are 

6 sought.’’. 

7 (d) OUTPLACEMENT.—Section 212(n)(1)(F) (8 

8 U.S.C. 1182(n)(1)(F)) is amended to read as follows: 

9 ‘‘(F)(i) An H–1B-dependent employer may 

10 not place, outsource, lease, or otherwise con11 tract for the services or placement of an H–1B 

12 nonimmigrant employee. 

13 ‘‘(ii) An employer that is not an H–1B-de14 pendent employer and not described in para15 graph (3)(A)(i) may not place, outsource, lease, 

16 or otherwise contract for the services or place17 ment of an H–1B nonimmigrant employee un18 less the employer pays a fee of $500 per 

19 outplaced worker. 

20 ‘‘(iii) A fee collected under clause (ii) shall 

21 be deposited in the Comprehensive Immigration 

22 Reform Trust Fund established under section 6 

23 of the Border Security, Economic Opportunity, 

24 and Immigration Modernization Act. 


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1 ‘‘(iv) An H–1B dependent employer shall 

2 be exempt from the prohibition on outplacement 

3 under clause (i) if the employer is a nonprofit 

4 institution of higher education, a nonprofit re5 search organization, or primarily a health care 

6 business and is petitioning for a physician, a 

7 nurse, or a physical therapist or a substantially 

8 equivalent health care occupation. Such em9 ployer shall be subject to the fee set forth in 

10 clause (ii).’’. 

11 (e) H–1B-DEPENDENT EMPLOYER DEFINED.—Sec12 tion 212(n)(3) (8 U.S.C. 1182(n)(3)) is amended to read 

13 as follows: 

14 ‘‘(3)(A) The term ‘H–1B-dependent employer’ means 

15 an employer (other than nonprofit education and research 

16 institutions) that— 

17 ‘‘(i) in the case of an employer that has 25 or 

18 fewer full-time equivalent employees who are em19 ployed in the United States, employs more than 7 

20 H–1B nonimmigrants; 

21 ‘‘(ii) in the case of an employer that has at 

22 least 26 but not more than 50 full-time equivalent 

23 employees who are employed in the United States, 

24 employs more than 12 H–1B nonimmigrants; or 


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1 ‘‘(iii) in the case of an employer that has at 

2 least 51 full-time equivalent employees who are em3 ployed in the United States, employs H–1B non4 immigrants in a number that is equal to at least 15 

5 percent of the number of such full-time equivalent 

6 employees. 

7 ‘‘(B) In determining the number of employees who 

8 are H–1B nonimmigrants under subparagraph (A)(ii), an 

9 intending immigrant employee shall not count toward such 

10 number.’’. 

11 (f) H–1B SKILLED WORKER DEPENDENT DE12 FINED.—Section 212(n)(3) (8 U.S.C. 1182(n)(3)) is 

13 amended— 

14 (1) by redesignating subparagraph (B) as sub15 paragraph (D); and 

16 (2) by inserting after subparagraph (A) the fol17 lowing: 

18 ‘‘(B)(i) For purposes of this subsection, an ‘H–1B 

19 skilled worker dependent employer’ means an employer 

20 (other than nonprofit education and research institutions) 

21 that employs H–1B nonimmigrants in the United States 

22 in a number that in total is equal to at least 15 percent 

23 of the number of its full-time equivalent employees in the 

24 United States employed in occupations contained within 


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1 Occupational Information Network Database (O*NET) 

2 Job Zone 4 and Job Zone 5. 

3 ‘‘(ii) An H–1B nonimmigrant who is an intending im4 migrant shall be counted as a United States worker in 

5 making a determination under clause (i).’’. 

6 (g) INTENDING IMMIGRANTS DEFINED.—Section 

7 101(a) (8 U.S.C. 1101(a)), as amended by section 

8 3504(a), is further amended by adding at the end the fol9 lowing: 

10 ‘‘(54)(A) The term ‘intending immigrant’ 

11 means, with respect to the number of aliens em12 ployed by an employer, an alien who intends to work 

13 and reside permanently in the United States, as evi14 denced by— 

15 ‘‘(i) a pending or approved application for 

16 a labor certification filed for such alien by a 

17 covered employer; or 

18 ‘‘(ii) a pending or approved immigrant sta19 tus petition filed for such alien by a covered 

20 employer. 

21 ‘‘(B) In this paragraph: 

22 ‘‘(i) The term ‘covered employer’ means an 

23 employer that has filed immigrant status peti24 tions for not less than 90 percent of current 

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1 tions for labor certification that were approved 

2 during the 1-year period ending 6 months be3 fore the filing of an application or petition for 

4 which the number of intending immigrants is 

5 relevant. 

6 ‘‘(ii) The term ‘immigrant status petition’ 

7 means a petition filed under paragraph (1), (2), 

8 or (3) of section 203(b). 

9 ‘‘(iii) The term ‘labor certification’ means 

10 an employment certification under section 

11 212(a)(5)(A). 

12 ‘‘(C) Notwithstanding any other provision of 

13 law— 

14 ‘‘(i) for all calculations under this Act, of 

15 the number of aliens admitted pursuant to sub16 paragraph (H)(i)(b) or (L) of paragraph (15), 

17 an intending immigrant shall be counted as an 

18 alien lawfully admitted for permanent residence 

19 and shall not be counted as an employee admit20 ted pursuant to such a subparagraph; and 

21 ‘‘(ii) for all determinations of the number 

22 of employees or United States workers em23 ployed by an employer, all of the employees in 

24 any group treated as a single employer under 

25 subsection (b), (c), (m), or (o) of section 414 of 


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1 the Internal Revenue Code of 1986 shall be 

2 counted.’’. 

3 SEC. 4212. REQUIREMENTS FOR ADMISSION OF NON4 IMMIGRANT NURSES IN HEALTH PROFES5 SIONAL SHORTAGE AREAS. 

6 (a) EXTENSION OF PERIOD OF AUTHORIZED ADMIS7 SION.—Section 212(m)(3) (8 U.S.C. 1182(m)(3)) is 

8 amended to read as follows: 

9 ‘‘(3) The initial period of authorized admission as a 

10 nonimmigrant under section 101(a)(15)(H)(i)(c) shall be 

11 3 years, and may be extended once for an additional 3- 

12 year period.’’. 

13 (b) NUMBER OF VISAS.—Section 212(m)(4) (8 

14 U.S.C. 1182(m)(4)) is amended by striking ‘‘500.’’ and 

15 inserting ‘‘300.’’. 

16 (c) PORTABILITY.—Section 214(n) (8 U.S.C. 

17 1184(n)), as amended by section 4103(b), is further 

18 amended by adding at the end the following: 

19 ‘‘(4)(A) A nonimmigrant alien described in subpara20 graph (B) who was previously issued a visa or otherwise 

21 provided nonimmigrant status under section 

22 101(a)(15)(H)(i)(c) is authorized to accept new employ23 ment performing services as a registered nurse for a facil24 ity described in section 212(m)(6) upon the filing by the 

25 prospective employer of a new petition on behalf of such 


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1 nonimmigrant as provided under subsection (c). Employ2 ment authorization shall continue for such alien until the 

3 new petition is adjudicated. If the new petition is denied, 

4 such authorization shall cease. 

5 ‘‘(B) A nonimmigrant alien described in this para6 graph is a nonimmigrant alien— 

7 ‘‘(i) who has been lawfully admitted into the 

8 United States; 

9 ‘‘(ii) on whose behalf an employer has filed a 

10 nonfrivolous petition for new employment before the 

11 date of expiration of the period of stay authorized by 

12 the Secretary of Homeland Security, except that, if 

13 a nonimmigrant described in section 

14 101(a)(15)(H)(i)(c) is terminated or laid off by the 

15 nonimmigrant’s employer, or otherwise ceases em16 ployment with the employer, such petition for new 

17 employment shall be filed during the 60-day period 

18 beginning on the date of such termination, lay off, 

19 or cessation; and 

20 ‘‘(iii) who, subsequent to such lawful admission, 

21 has not been employed without authorization in the 

22 United States before the filing of such petition.’’. 

23 (d) APPLICABILITY.— 

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1 ments made by section 2 of the Nursing Relief for 

2 Disadvantaged Areas Act of 1999 (Public Law 106– 

3 95; 113 Stat. 1313), and the amendments made by 

4 this section, shall apply to classification petitions 

5 filed for nonimmigrant status. This period shall be 

6 in addition to the period described in section 2(e) of 

7 the Nursing Relief for Disadvantaged Areas Act of 

8 1999 (8 U.S.C. 1182 note). 

9 (2) COMMENCEMENT DATE.—Not later than 60 

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

11 Secretary shall determine whether regulations are 

12 necessary to implement the amendments made by 

13 this section. If the Secretary determines that no 

14 such regulations are necessary, the commencement 

15 date described in this paragraph shall be the date of 

16 such determination. If the Secretary determines that 

17 regulations are necessary to implement any amend18 ment made by this section, the commencement date 

19 described in this paragraph shall be the date on 

20 which such regulations (in final form) take effect. 

21 SEC. 4213. NEW APPLICATION REQUIREMENTS. 

22 Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended 

23 by inserting after clause (iii) of subparagraph (G), as 

24 amended by section 4211(c)(2), the following: 


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1 ‘‘(H)(i) The employer has not advertised any 

2 available position specified in the application in an 

3 advertisement that states or indicates that— 

4 ‘‘(I) such position is only available to an 

5 individual who is or will be an H–1B non6 immigrant or an alien participating in optional 

7 practical training pursuant to section 

8 101(a)(15)(F)(i); or 

9 ‘‘(II) an individual who is or will be an H– 

10 1B nonimmigrant or participant in such op11 tional practical training shall receive priority or 

12 a preference in the hiring process for such posi13 tion. 

14 ‘‘(ii) The employer has not solely recruited indi15 viduals who are or who will be H–1B nonimmigrants 

16 or participants in optional practical training pursu17 ant to section 101(a)(15)(F)(i) to fill such position. 

18 ‘‘(I)(i) If the employer (other than an edu19 cational or research employer) employs 50 or more 

20 employees in the United States, the sum of the num21 ber of such employees who are H–1B nonimmigrants 

22 plus the number of such employees who are non23 immigrants described in section 101(a)(15)(L) may 

24 not exceed— 


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1 ‘‘(I) 75 percent of the total number of em2 ployees, for fiscal year 2015; 

3 ‘‘(II) 65 percent of the total number of 

4 employees, for fiscal year 2016; and 

5 ‘‘(III) 50 percent of the total number of 

6 employees, for each fiscal year after fiscal year 

7 2016. 

8 ‘‘(ii) In this subparagraph: 

9 ‘‘(I) The term ‘educational or research em10 ployer’ means an employer that is a nonprofit 

11 institution of higher education or a nonprofit 

12 research organization described in section 

13 501(c)(3) of the Internal Revenue Code of 1986 

14 and exempt from taxation under 501(a) of that 

15 Code. 

16 ‘‘(II) The term ‘H–1B nonimmigrant’ 

17 means an alien admitted as a nonimmigrant 

18 pursuant to section 101(a)(15)(H)(i)(b). 

19 ‘‘(III) The term ‘L nonimmigrant’ means 

20 an alien admitted as a nonimmigrant pursuant 

21 to section 101(a)(15)(L) to provide services to 

22 his or her employer involving specialized knowl23 edge. 

24 ‘‘(iii) In determining the percentage of employ25 ees of an employer that are H–1B nonimmigrants or 


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1 L nonimmigrants under clause (i), an intending im2 migrant employee shall not count toward such per3 centage. 

4 ‘‘(J) The employer shall submit to the Sec5 retary of Homeland Security an annual report that 

6 includes the Internal Revenue Service Form W–2 

7 Wage and Tax Statement filed by the employer for 

8 each H–1B nonimmigrant employed by the employer 

9 during the previous year.’’. 

10 SEC. 4214. APPLICATION REVIEW REQUIREMENTS. 

11 (a) TECHNICAL AMENDMENT.—Section 212(n)(1) (8 

12 U.S.C. 1182(n)(1)), as amended by section 4213, is fur13 ther amended in the undesignated paragraph at the end, 

14 by striking ‘‘The employer’’ and inserting the following: 

15 ‘‘(K) The employer’’. 

16 (b) APPLICATION REVIEW REQUIREMENTS.—Sub17 paragraph (K) of such section 212(n)(1), as designated 

18 by subsection (a), is amended— 

19 (1) by inserting ‘‘and through the Department 

20 of Labor’s website, without charge.’’ after ‘‘D.C.’’; 

21 (2) by striking ‘‘only for completeness’’ and in22 serting ‘‘for completeness and evidence of fraud or 

23 misrepresentation of material fact,’’; 

24 (3) by striking ‘‘or obviously inaccurate’’ and 

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1 sentation of material fact, or is obviously inac2 curate’’; 

3 (4) by striking ‘‘within 7 days of the’’ and in4 serting ‘‘not later than 14 days after’’; and 

5 (5) by adding at the end the following: ‘‘If the 

6 Secretary’s review of an application identifies evi7 dence of fraud or misrepresentation of material fact, 

8 the Secretary may conduct an investigation and 

9 hearing in accordance with paragraph (2).’’. 

10 (c) FILING OF PETITION FOR NONIMMIGRANT

11 WORKER.—Section 212(n)(1) (8 U.S.C. 1182(n)(1)), as 

12 amended by section 4213, is further amended by adding 

13 at the end the following: 

14 ‘‘(L) An I–129 Petition for Nonimmigrant 

15 Worker (or similar successor form)— 

16 ‘‘(i) may be filed by an employer with the 

17 Secretary of Homeland Security prior to the 

18 date the employer receives an approved certifi19 cation described in section 101(a)(15)(H)(i)(b) 

20 from the Secretary of Labor; and 

21 ‘‘(ii) may not be approved by the Secretary 

22 of Homeland Security until the date such cer23 tification is approved.’’. 


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1 CHAPTER 2—INVESTIGATION AND DIS2 POSITION OF COMPLAINTS AGAINST 

3 H–1B EMPLOYERS 

4 SEC. 4221. GENERAL MODIFICATION OF PROCEDURES FOR 

5 INVESTIGATION AND DISPOSITION. 

6 Section 212(n) (8 U.S.C. 1182(n)) is amended— 

7 (1) in paragraph (2)(A)— 

8 (A) by striking ‘‘(A) Subject’’ and insert9 ing ‘‘(A)(i) Subject’’; 

10 (B) by inserting after the first sentence 

11 the following: ‘‘Such process shall include publi12 cizing a dedicated toll-free number and publicly 

13 available Internet website for the submission of 

14 such complaints.’’; 

15 (C) by striking ‘‘12 months’’ and inserting 

16 ‘‘24 months’’; 

17 (D) by striking the last sentence and in18 serting the following: ‘‘The Secretary shall issue 

19 regulations requiring that employers that em20 ploy H–1B nonimmigrants, other than non21 profit institutions of higher education and non22 profit research organizations, through posting 

23 of notices or other appropriate means, inform 

24 their employees of such toll-free number and 


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1 Internet website and of their right to file com2 plaints pursuant to this paragraph.’’; and 

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

4 ‘‘(ii)(I) Upon the receipt of such a com5 plaint, the Secretary may initiate an investiga6 tion to determine if such a failure or misrepre7 sentation has occurred. 

8 ‘‘(II) The Secretary may conduct voluntary 

9 surveys of the degree to which employers com10 ply with the requirements of this subsection. 

11 ‘‘(III) The Secretary shall— 

12 ‘‘(aa) conduct annual compliance au13 dits of each employer with more than 100 

14 employees who work in the United States 

15 if more than 15 percent of such employees 

16 are H–1B nonimmigrants; and 

17 ‘‘(bb) make available to the public an 

18 executive summary or report describing the 

19 general findings of the audits carried out 

20 pursuant to this subclause.’’; and 

21 (2) by adding at the end the following new 

22 paragraph: 

23 ‘‘(6) REPORT REQUIRED.—Not later than 1 

24 year after the date of the enactment of the Border 

25 Security, Economic Opportunity, and Immigration 


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1 Modernization Act, and every 5 years thereafter, the 

2 Inspector General of the Department of Labor shall 

3 submit a report regarding the Secretary’s enforce4 ment of the requirements of this section to the Com5 mittee on the Judiciary and the Committee on 

6 Health, Education, Labor, and Pensions of the Sen7 ate and the Committee on the Judiciary and the 

8 Committee on Education and the Workforce of the 

9 House of Representatives.’’. 

10 SEC. 4222. INVESTIGATION, WORKING CONDITIONS, AND 

11 PENALTIES. 

12 Subparagraph (C) of section 212(n)(2) (8 U.S.C. 

13 1182(n)(2)) is amended— 

14 (1) in clause (i)— 

15 (A) in the matter preceding subclause 

16 (I)— 

17 (i) by striking ‘‘a condition of para18 graph (1)(B), (1)(E), or (1)(F)’’ and in19 serting ‘‘a condition under subparagraph 

20 (A), (B), (C)(i), (E), (F), (G), (H), (I), or 

21 (J) of paragraph (1)’’; and 

22 (ii) by striking ‘‘(1)(C)’’ and inserting 

23 ‘‘(1)(C)(ii)’’; 

24 (B) in subclause (I)— 


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1 (i) by striking ‘‘$1,000’’ and inserting 

2 ‘‘$2,000’’; and 

3 (ii) by striking ‘‘and’’ at the end; 

4 (C) in subclause (II), by striking the pe5 riod at the end and inserting a semicolon and 

6 ‘‘and’’; and 

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

8 ‘‘(III) an employer that violates such subpara9 graph (A) shall be liable to any employee harmed by 

10 such violations for lost wages and benefits.’’; and 

11 (2) in clause (ii)— 

12 (A) in subclause (I)— 

13 (i) by striking ‘‘may’’ and inserting 

14 ‘‘shall’’; and 

15 (ii) by striking ‘‘$5,000’’ and insert16 ing ‘‘$10,000’’; 

17 (B) in subclause (II), by striking the pe18 riod at the end and inserting a semicolon and 

19 ‘‘and’’; and 

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

21 ‘‘(III) an employer that violates such subpara22 graph (A) shall be liable to any employee harmed by 

23 such violations for lost wages and benefits.’’; 

24 (3) in clause (iii)— 


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1 (A) in the matter preceding subclause (I), 

2 by striking ‘‘90 days’’ both places it appears 

3 and inserting ‘‘180 days’’; 

4 (B) in subclause (I)— 

5 (i) by striking ‘‘may’’ and inserting 

6 ‘‘shall’’; and 

7 (ii) by striking ‘‘and’’ at the end; 

8 (C) in subclause (II), by striking the pe9 riod at the end and inserting a semicolon and 

10 ‘‘and’’; and 

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

12 ‘‘(III) an employer that violates subparagraph 

13 (A) of such paragraph shall be liable to any em14 ployee harmed by such violations for lost wages and 

15 benefits.’’; 

16 (4) in clause (iv)— 

17 (A) by inserting ‘‘to take, or threaten to 

18 take, a personnel action, or’’ before ‘‘to intimi19 date’’; 

20 (B) by inserting ‘‘(I)’’ after ‘‘(iv)’’; and 

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

22 ‘‘(II) An employer that violates this clause shall 

23 be liable to any employee harmed by such violation 

24 for lost wages and benefits.’’; and 

25 (5) in clause (vi)— 


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1 (A) by amending subclause (I) to read as 

2 follows: 

3 ‘‘(I) It is a violation of this clause for an em4 ployer who has filed an application under this sub5 section— 

6 ‘‘(aa) to require an H–1B nonimmigrant to 

7 pay a penalty for ceasing employment with the 

8 employer prior to a date agreed to by the non9 immigrant and the employer (the Secretary 

10 shall determine whether a required payment is 

11 a penalty, and not liquidated damages, pursu12 ant to relevant State law); and 

13 ‘‘(bb) to fail to offer to an H–1B non14 immigrant, during the nonimmigrant’s period of 

15 authorized employment, on the same basis, and 

16 in accordance with the same criteria, as the em17 ployer offers to similarly situated United States 

18 workers, benefits and eligibility for benefits, in19 cluding— 

20 ‘‘(AA) the opportunity to participate 

21 in health, life, disability, and other insur22 ance plans; 

23 ‘‘(BB) the opportunity to participate 

24 in retirement and savings plans; and 


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1 ‘‘(CC) cash bonuses and noncash com2 pensation, such as stock options (whether 

3 or not based on performance).’’; and 

4 (B) in subclause (III), by striking 

5 ‘‘$1,000’’ and inserting ‘‘$2,000’’. 

6 SEC. 4223. INITIATION OF INVESTIGATIONS. 

7 Subparagraph (G) of section 212(n)(2) (8 U.S.C. 

8 1182(n)(2)) is amended— 

9 (1) in clause (i), by striking ‘‘if the Secretary’’ 

10 and all that follows and inserting ‘‘with regard to 

11 the employer’s compliance with the requirements of 

12 this subsection.’’; 

13 (2) in clause (ii), by striking ‘‘and whose iden14 tity’’ and all that follows through ‘‘failure or fail15 ures.’’ and inserting ‘‘the Secretary of Labor may 

16 conduct an investigation into the employer’s compli17 ance with the requirements of this subsection.’’; 

18 (3) in clause (iii), by striking the last sentence; 

19 (4) by striking clauses (iv) and (v); 

20 (5) by redesignating clauses (vi), (vii), and (viii) 

21 as clauses (iv), (v), and (vi), respectively; 

22 (6) in clause (iv), as so redesignated, by strik23 ing ‘‘meet a condition described in clause (ii), unless 

24 the Secretary of Labor receives the information not 

25 later than 12 months’’ and inserting ‘‘comply with 


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1 the requirements under this subsection, unless the 

2 Secretary of Labor receives the information not later 

3 than 24 months’’; 

4 (7) by amending clause (v), as so redesignated, 

5 to read as follows: 

6 ‘‘(v) The Secretary of Labor shall provide no7 tice to an employer of the intent to conduct an in8 vestigation. The notice shall be provided in such a 

9 manner, and shall contain sufficient detail, to permit 

10 the employer to respond to the allegations before an 

11 investigation is commenced. The Secretary is not re12 quired to comply with this clause if the Secretary de13 termines that such compliance would interfere with 

14 an effort by the Secretary to investigate or secure 

15 compliance by the employer with the requirements of 

16 this subsection. A determination by the Secretary 

17 under this clause shall not be subject to judicial re18 view.’’; 

19 (8) in clause (vi), as so redesignated, by strik20 ing ‘‘An investigation’’ and all that follows through 

21 ‘‘the determination.’’ and inserting ‘‘If the Secretary 

22 of Labor, after an investigation under clause (i) or 

23 (ii), determines that a reasonable basis exists to 

24 make a finding that the employer has failed to com25 ply with the requirements under this subsection, the 


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1 Secretary shall provide interested parties with notice 

2 of such determination and an opportunity for a 

3 hearing in accordance with section 556 of title 5, 

4 United States Code, not later than 120 days after 

5 the date of such determination.’’; and 

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

7 ‘‘(vii) If the Secretary of Labor, after a hear8 ing, finds a reasonable basis to believe that the em9 ployer has violated the requirements under this sub10 section, the Secretary shall impose a penalty under 

11 subparagraph (C).’’. 

12 SEC. 4224. INFORMATION SHARING. 

13 Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended 

14 by sections 4222 and 4223, is further amended by adding 

15 at the end the following: 

16 ‘‘(J) The Director of U.S. Citizenship and Immigra17 tion Services shall provide the Secretary of Labor with any 

18 information contained in the materials submitted by em19 ployers of H–1B nonimmigrants as part of the adjudica20 tion process that indicates that the employer is not com21 plying with visa program requirements for H–1B non22 immigrants. The Secretary of Labor may initiate and con23 duct an investigation related to H–1B nonimmigrants and 

24 a hearing under this paragraph after receiving information 

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1 graph may not be construed to prevent the Secretary of 

2 Labor from taking action related to wage and hour and 

3 workplace safety laws. 

4 ‘‘(K) The Secretary of Labor shall facilitate the post5 ing of the descriptions described in paragraph (1)(C)(i) 

6 on the Internet website of the State labor or workforce 

7 agency for the State in which the position will be primarily 

8 located during the same period as the posting under para9 graph (1)(C)(i).’’. 

10 SEC. 4225. TRANSPARENCY OF HIGH-SKILLED IMMIGRA11 TION PROGRAMS. 

12 Section 416(c) of the American Competitiveness and 

13 Workforce Improvement Act of 1998 (8 U.S.C. 1184 note) 

14 is amended— 

15 (1) by amending paragraph (2) to read as fol16 lows: 

17 ‘‘(2) ANNUAL H–1B NONIMMIGRANT CHARAC18 TERISTICS REPORT.—The Bureau of Immigration 

19 and Labor Market Research shall submit an annual 

20 report to the Committee on the Judiciary of the 

21 Senate and the Committee on the Judiciary of the 

22 House of Representatives that contains— 

23 ‘‘(A) information on the countries of origin 

24 of, occupations of, educational levels attained 

25 by, and compensation paid to, aliens who were 


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1 issued visas or otherwise provided non2 immigrant status under section 

3 101(a)(15)(H)(i)(b) of the Immigration and 

4 Nationality Act (8 U.S.C. 

5 1101(a)(15)(H)(i)(b)) during the previous fiscal 

6 year; 

7 ‘‘(B) a list of all employers who petition 

8 for H–1B visas, the number of such petitions 

9 filed and approved for each such employer, the 

10 occupational classifications for the approved po11 sitions, and the number of H–1B non12 immigrants for whom each such employer files 

13 for adjustment to permanent resident status; 

14 ‘‘(C) the number of immigrant status peti15 tions filed during the prior year on behalf of H– 

16 1B nonimmigrants; 

17 ‘‘(D) a list of all employers who are H–1B18 dependent employers; 

19 ‘‘(E) a list of all employers who are H–1B 

20 skilled worker dependent employers; 

21 ‘‘(F) a list of all employers for whom more 

22 than 30 percent of their United States work23 force is H–1B or L–1 nonimmigrants; 


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1 ‘‘(G) a list of all employers for whom more 

2 than 50 percent of their United States work3 force is H–1B or L–1 nonimmigrants; 

4 ‘‘(H) a gender breakdown by occupation 

5 and by country of H–1B nonimmigrants; 

6 ‘‘(I) a list of all employers who have been 

7 approved to conduct outplacement of H–1B 

8 nonimmigrants; and 

9 ‘‘(J) the number of H–1B nonimmigrants 

10 categorized by their highest level of education 

11 and whether such education was obtained in the 

12 United States or in a foreign country.’’; 

13 (2) by redesignating paragraph (3) as para14 graph (5); 

15 (3) by inserting after paragraph (2) the fol16 lowing: 

17 ‘‘(3) ANNUAL L–1 NONIMMIGRANT CHARACTER18 ISTICS REPORT.—The Bureau of Immigration and 

19 Labor Market Research shall submit an annual re20 port to the Committee on the Judiciary of the Sen21 ate and the Committee on the Judiciary of the 

22 House of Representatives that contains— 

23 ‘‘(A) information on the countries of origin 

24 of, occupations of, educational levels attained 

25 by, and compensation paid to, aliens who were 


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1 issued visas or otherwise provided –non2 immigrant status under section 101(a)(15)(L) 

3 of the Immigration and Nationality Act (8 

4 U.S.C. 1101(a)(15)(L)) during the previous fis5 cal year; 

6 ‘‘(B) a list of all employers who petition 

7 for L–1 visas, the number of such petitions 

8 filed and approved for each such employer, the 

9 occupational classifications for the approved po10 sitions, and the number of L–1 nonimmigrants 

11 for whom each such employer files for adjust12 ment to permanent resident status; 

13 ‘‘(C) the number of immigrant status peti14 tions filed during the prior year on behalf of L– 

15 1 nonimmigrants; 

16 ‘‘(D) a list of all employers who are L–1 

17 dependent employers; 

18 ‘‘(E) a gender breakdown by occupation 

19 and by country of L–1 nonimmigrants; 

20 ‘‘(F) a list of all employers who have been 

21 approved to conduct outplacement of L–1 non22 immigrants; and 

23 ‘‘(G) the number of L–1 nonimmigrants 

24 categorized by their highest level of education 


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1 and whether such education was obtained in the 

2 United States or in a foreign country. 

3 ‘‘(4) ANNUAL EMPLOYER SURVEY.—The Bu4 reau of Immigration and Labor Market Research 

5 shall— 

6 ‘‘(A) conduct an annual survey of employ7 ers hiring foreign nationals under the L–1 visa 

8 program; and 

9 ‘‘(B) shall issue an annual report that— 

10 ‘‘(i) describes the methods employers 

11 are using to meet the requirement of tak12 ing good faith steps to recruit United 

13 States workers for the occupational classi14 fication for which the nonimmigrants are 

15 sought, using procedures that meet indus16 try-wide standards; 

17 ‘‘(ii) describes the best practices for 

18 recruiting among employers; and 

19 ‘‘(iii) contains recommendations on 

20 which recruiting steps employers can take 

21 to maximize the likelihood of hiring Amer22 ican workers.’’; and 

23 (4) in paragraph (5), as redesignated, by strik24 ing ‘‘paragraph (2)’’ and inserting ‘‘paragraphs (2) 

25 and (3)’’. 


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1 CHAPTER 3—OTHER PROTECTIONS 

2 SEC. 4231. POSTING AVAILABLE POSITIONS THROUGH THE 

3 DEPARTMENT OF LABOR. 

4 (a) DEPARTMENT OF LABOR WEBSITE.—Section 

5 212(n) (8 U.S.C. 1182(n)), as amended by section 

6 4221(2), is further amended by adding at the end fol7 lowing: 

8 ‘‘(7)(A) Not later than 90 days after the date of the 

9 enactment of the Border Security, Economic Opportunity, 

10 and Immigration Modernization Act, the Secretary of 

11 Labor shall establish a searchable Internet website for 

12 posting positions as required by paragraph (1)(C). Such 

13 website shall be available to the public without charge. 

14 ‘‘(B) The Secretary may work with private companies 

15 or nonprofit organizations to develop and operate the 

16 Internet website described in subparagraph (A). 

17 ‘‘(C) The Secretary may promulgate rules, after no18 tice and a period for comment, to carry out the require19 ments of this paragraph.’’. 

20 (b) REQUIREMENT FOR PUBLICATION.—The Sec21 retary of Labor shall submit to Congress and publish in 

22 the Federal Register and other appropriate media a notice 

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1 tionality Act, as amended by subsection (a), will be oper2 ational. 

3 (c) APPLICATION.—The amendments made by sub4 section (a) shall apply to an application filed on or after 

5 the date that is 30 days after the date described in sub6 section (b). 

7 SEC. 4232. REQUIREMENTS FOR INFORMATION FOR H–1B 

8 AND L NONIMMIGRANTS. 

9 (a) IN GENERAL.—Section 214 (8 U.S.C. 1184), as 

10 amended by section 3608, is further amended by adding 

11 at the end the following: 

12 ‘‘(t) REQUIREMENTS FOR INFORMATION FOR H–1B 

13 AND L NONIMMIGRANTS.— 

14 ‘‘(1) IN GENERAL.—Upon issuing a visa to an 

15 applicant for nonimmigrant status pursuant to sub16 paragraph (H)(i)(b) or (L) of section 101(a)(15) 

17 who is outside the United States, the issuing office 

18 shall provide the applicant with— 

19 ‘‘(A) a brochure outlining the obligations 

20 of the applicant’s employer and the rights of 

21 the applicant with regard to employment under 

22 Federal law, including labor and wage protec23 tions; and 

24 ‘‘(B) the contact information for appro25 priate Federal agencies or departments that 


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1 offer additional information or assistance in 

2 clarifying such obligations and rights. 

3 ‘‘(2) PROVISION OF MATERIAL.—Upon the ap4 proval of an application of an applicant referred to 

5 in paragraph (1), the applicant shall be provided 

6 with the material described in subparagraphs (A) 

7 and (B) of paragraph (1)— 

8 ‘‘(A) by the issuing officer of the Depart9 ment of Homeland Security, if the applicant is 

10 inside the United States; or 

11 ‘‘(B) by the appropriate official of the De12 partment of State, if the applicant is outside 

13 the United States. 

14 ‘‘(3) EMPLOYER TO PROVIDE IMMIGRATION PA15 PERWORK EXCHANGED WITH FEDERAL AGENCIES.— 

16 ‘‘(A) IN GENERAL.—Not later than 30 

17 days after a labor condition application is filed 

18 under section 212(n)(1), an employer shall pro19 vide an employee or beneficiary of such applica20 tion who is or seeking nonimmigrant status 

21 under subparagraph (H)(i)(b) or (L) of section 

22 101(a)(15) with a copy the original of all appli23 cations and petitions filed by the employer with 

24 the Department of Labor or the Department of 


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1 Homeland Security for such employee or bene2 ficiary. 

3 ‘‘(B) WITHHOLDING OF FINANCIAL OR

4 PROPRIETARY INFORMATION.—If a document 

5 required to be provided to an employee or bene6 ficiary under subparagraph (A) includes any fi7 nancial or propriety information of the em8 ployer, the employer may redact such informa9 tion from the copies provided to such employee 

10 or beneficiary.’’. 

11 (b) REPORT ON JOB CLASSIFICATION AND WAGE

12 DETERMINATIONS.—Not later than 1 year after the date 

13 of the enactment of this Act, the Comptroller General of 

14 the United States shall prepare a report analyzing the ac15 curacy and effectiveness of the Secretary of Labor’s cur16 rent job classification and wage determination system. The 

17 report shall— 

18 (1) specifically address whether the systems in 

19 place accurately reflect the complexity of current job 

20 types as well as geographic wage differences; and 

21 (2) make recommendations concerning nec22 essary updates and modifications. 

23 SEC. 4233. FILING FEE FOR H–1B-DEPENDENT EMPLOYERS. 

24 (a) IN GENERAL.—Notwithstanding any other provi25 sion of law, there shall be a fee required to be submitted 


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1 by an employer with an application for admission of an 

2 H–1B nonimmigrant as follows: 

3 (1) For each fiscal year beginning in fiscal year 

4 2015, $5,000 for applicants that employ 50 or more 

5 employees in the United States if more than 30 per6 cent and less than 50 percent of the applicant’s em7 ployees are H–1B nonimmigrants or L non8 immigrants. 

9 (2) For each of the fiscal years 2015 through 

10 2017, $10,000 for applicants that employ 50 or 

11 more employees in the United States if more than 

12 50 percent and less than 75 percent of the appli13 cant’s employees are H–1B nonimmigrants or L 

14 nonimmigrants. Fees collected under this paragraph 

15 shall be deposited in the Comprehensive Immigration 

16 Reform Trust Fund established under section 

17 6(a)(1). 

18 (b) DEFINITIONS.—In this section: 

19 (1) EMPLOYER.—The term ‘‘employer’’— 

20 (A) means any entity or entities treated as 

21 a single employer under subsection (b), (c), 

22 (m), or (o) of section 414 of the Internal Rev23 enue Code of 1986; and 

24 (B) does not include a nonprofit institution 

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1 ganization described in section 501(c)(3) of the 

2 Internal Revenue Code of 1986 and exempt 

3 from taxation under 501(a) of that Code that 

4 is— 

5 (i) an institution of higher education 

6 (as defined in section 101(a) of the Higher 

7 Education Act of 1965 (20 U.S.C. 

8 1001(a))); or 

9 (ii) a research organization. 

10 (2) H–1B NONIMMIGRANT.—The term ‘‘H–1B 

11 nonimmigrant’’ means an alien admitted as a non12 immigrant pursuant to section 101(a)(15)(H)(i)(b) 

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

14 1101(a)(15)(H)(i)(b)). 

15 (3) INTENDING IMMIGRANT.—The term ‘‘in16 tending immigrant’’ has the meaning given that 

17 term in paragraph (54)(A) of section 101(a)(54)(A) 

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

19 1101(a)). 

20 (4) L NONIMMIGRANT.—The term ‘‘L non21 immigrant’’ means an alien admitted as a non22 immigrant pursuant to section 101(a)(15)(L) of the 

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

24 1101(a)(15)(L)) to provide services to the alien’s 

25 employer involving specialized knowledge. 


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1 (c) EXCEPTION FOR INTENDING IMMIGRANTS.—In 

2 determining the percentage of employees of an employer 

3 that are H–1B nonimmigrants or L nonimmigrants under 

4 subsection (a), an intending immigrant employee shall not 

5 count toward such percentage. 

6 (d) CONFORMING AMENDMENT.—Section 402 of the 

7 Act entitled ‘‘An Act making emergency supplemental ap8 propriations for border security for the fiscal year ending 

9 September 30, 2010, and for other purposes’’, approved 

10 August 13, 2010 (Public Law 111–230; 8 U.S.C. 1101 

11 note) is amended by striking subsection (b). 

12 SEC. 4234. PROVIDING PREMIUM PROCESSING OF EMPLOY13 MENT-BASED VISA PETITIONS. 

14 Pursuant to section 286(u) of the Immigration and 

15 Nationality Act (8 U.S.C. 1356(u)), the Secretary shall 

16 establish and collect— 

17 (1) a fee for premium processing of employ18 ment-based immigrant petitions; and 

19 (2) a fee for premium processing of an adminis20 trative appeal of any decision on a permanent em21 ployment-based immigrant petition. 

22 SEC. 4235. TECHNICAL CORRECTION. 

23 Section 212 (8 U.S.C. 1182) is amended by redesig24 nating the second subsection (t), as added by section 

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1 tend the Irish Peace Process Cultural and Training Pro2 gram Act of 1998’’ (Public Law 108–449 (118 Stat. 

3 3470)), as subsection (u). 

4 SEC. 4236. APPLICATION. 

5 (a) IN GENERAL.—Except as otherwise specifically 

6 provided, the amendments made by this subtitle shall 

7 apply to applications filed on or after the date of the en8 actment of this Act. 

9 (b) SPECIAL REQUIREMENTS.—Notwithstanding any 

10 other provision of law, the amendments made by section 

11 4211(c) shall not apply to any application or petition filed 

12 by an employer on behalf of an existing employee. 

13 SEC. 4237. PORTABILITY FOR BENEFICIARIES OF IMMI14 GRANT PETITIONS. 

15 (a) INCREASED PORTABILITY.—Section 204(j) (8 

16 U.S.C. 1154(j)) is amended— 

17 (1) by amending the subsection heading to read 

18 as follows: 

19 ‘‘(j) INCREASED PORTABILITY.—’’; 

20 (2) by striking ‘‘A petition’’ and inserting the 

21 following: 

22 ‘‘(1) LONG DELAYED APPLICANTS FOR ADJUST23 MENT OF STATUS.—A petition’’; and 

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


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1 ‘‘(2) PORTABILITY FOR BENEFICIARIES OF IM2 MIGRANT PETITIONS.—Regardless of whether an em3 ployer withdraws a petition approved under para4 graph (1), (2), or (3) of section 203(b)— 

5 ‘‘(A) the petition shall remain valid with 

6 respect to a new job if— 

7 ‘‘(i) the beneficiary changes jobs or 

8 employers after the petition is approved; 

9 and 

10 ‘‘(ii) the new job is in the same or a 

11 similar occupational classification as the 

12 job for which the petition was approved; 

13 and 

14 ‘‘(B) the employer’s legal obligations with 

15 respect to the petition shall terminate at the 

16 time the beneficiary changes jobs or employers. 

17 ‘‘(3) DOCUMENTATION.—The Secretary of 

18 Labor shall develop a mechanism to provide the ben19 eficiary or prospective employer with sufficient infor20 mation to determine whether a new position or job 

21 is in the same or similar occupation as the job for 

22 which the petition was approved. The Secretary of 

23 Labor shall provide confirmation of application ap24 proval if required for eligibility under this sub25 section. The Secretary of Homeland Security shall 


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1 provide confirmation of petition approval if required 

2 for eligibility under this subsection.’’. 

3 (b) ADJUSTMENT OF STATUS FOR EMPLOYMENT4 BASED IMMIGRANTS.—Section 245 of the Immigration 

5 and Nationality Act (8 U.S.C. 1255) is amended by add6 ing at the end the following: 

7 ‘‘(n) ADJUSTMENT OF STATUS FOR EMPLOYMENT8 BASED IMMIGRANTS.— 

9 ‘‘(1) PETITION.—An alien, and any eligible de10 pendents of such alien, who has filed a petition for 

11 immigrant status, may concurrently, or at any time 

12 thereafter, file an application with the Secretary of 

13 Homeland Security for adjustment of status if such 

14 petition is pending or has been approved, regardless 

15 of whether an immigrant visa is immediately avail16 able at the time the application is filed. 

17 ‘‘(2) SUPPLEMENTAL FEE.—If a visa is not im18 mediately available at the time an application is filed 

19 under paragraph (1), the beneficiary of such applica20 tion shall pay a supplemental fee of $500, which 

21 shall be deposited in the STEM Education and 

22 Training Account established under section 286(w). 

23 This fee shall not be collected from any dependent 

24 accompanying or following to join such beneficiary. 


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1 ‘‘(3) AVAILABILITY.—An application filed pur2 suant to paragraph (2) may not be approved until 

3 the date on which an immigrant visa becomes avail4 able.’’. 

5 Subtitle C—L Visa Fraud and 

6 Abuse Protections 

7 SEC. 4301. PROHIBITION ON OUTPLACEMENT OF L NON8 IMMIGRANTS. 

9 Section 214(c)(2)(F) (8 U.S.C. 1184(c)(2)(F)) is 

10 amended to read as follows: 

11 ‘‘(F)(i) An employer who employs L–1 non12 immigrants in a number that is equal to at least 15 per13 cent of the total number of full-time equivalent employees 

14 employed by the employer shall not place, outsource, lease, 

15 or otherwise contract for the services or placement of such 

16 alien with another employer. In determining the number 

17 of employees who are L–1 nonimmigrants, an intending 

18 immigrant shall count as a United States worker. 

19 ‘‘(ii) The employer of an alien described in section 

20 101(a)(15)(L) shall not place, outsource, lease, or other21 wise contract for the services or placement of such alien 

22 with another employer unless— 

23 ‘‘(I) such alien will not be controlled or super24 vised principally by the employer with whom such 

25 alien would be placed; 


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1 ‘‘(II) the placement of such alien at the work2 site of the other employer is not essentially an ar3 rangement to provide labor for hire for the other 

4 employer; and 

5 ‘‘(III) the employer of such alien pays a fee of 

6 $500, which shall be deposited in the STEM Edu7 cation and Training Account established under sec8 tion 286(w).’’. 

9 SEC. 4302. L EMPLOYER PETITION REQUIREMENTS FOR 

10 EMPLOYMENT AT NEW OFFICES. 

11 Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended 

12 by adding at the end the following: 

13 ‘‘(G)(i) If the beneficiary of a petition under this 

14 paragraph is coming to the United States to open, or be 

15 employed in, a new office, the petition may be approved 

16 for up to 12 months only if— 

17 ‘‘(I) the alien has not been the beneficiary of 2 

18 or more petitions under this subparagraph during 

19 the immediately preceding 2 years; and 

20 ‘‘(II) the employer operating the new office 

21 has— 

22 ‘‘(aa) an adequate business plan; 

23 ‘‘(bb) sufficient physical premises to carry 

24 out the proposed business activities; and 


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1 ‘‘(cc) the financial ability to commence 

2 doing business immediately upon the approval 

3 of the petition. 

4 ‘‘(ii) An extension of the approval period under clause 

5 (i) may not be granted until the importing employer sub6 mits an application to the Secretary of Homeland Security 

7 that contains— 

8 ‘‘(I) evidence that the importing employer 

9 meets the requirements of this subsection; 

10 ‘‘(II) evidence that the beneficiary of the peti11 tion is eligible for nonimmigrant status under sec12 tion 101(a)(15)(L); 

13 ‘‘(III) a statement summarizing the original pe14 tition; 

15 ‘‘(IV) evidence that the importing employer has 

16 complied with the business plan submitted under 

17 clause (i)(I); 

18 ‘‘(V) evidence of the truthfulness of any rep19 resentations made in connection with the filing of 

20 the original petition; 

21 ‘‘(VI) evidence that the importing employer has 

22 been doing business at the new office through reg23 ular, systematic, and continuous provision of goods 

24 and services; 


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1 ‘‘(VII) a statement of the duties the beneficiary 

2 has performed at the new office during the approval 

3 period under clause (i) and the duties the beneficiary 

4 will perform at the new office during the extension 

5 period granted under this clause; 

6 ‘‘(VIII) a statement describing the staffing at 

7 the new office, including the number of employees 

8 and the types of positions held by such employees; 

9 ‘‘(IX) evidence of wages paid to employees; 

10 ‘‘(X) evidence of the financial status of the new 

11 office; and 

12 ‘‘(XI) any other evidence or data prescribed by 

13 the Secretary. 

14 ‘‘(iii) A new office employing the beneficiary of an 

15 L–1 petition approved under this paragraph shall do busi16 ness only through regular, systematic, and continuous pro17 vision of goods and services. 

18 ‘‘(iv) Notwithstanding clause (ii), and subject to the 

19 maximum period of authorized admission set forth in sub20 paragraph (D), the Secretary of Homeland Security, in 

21 the Secretary’s discretion, may approve a subsequently 

22 filed petition on behalf of the beneficiary to continue em23 ployment at the office described in this subparagraph for 

24 a period beyond the initially granted 12-month period if 

25 the importing employer has been doing business at the 


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1 new office through regular, systematic, and continuous 

2 provision of goods and services for the 6 months imme3 diately preceding the date of extension of petition filing 

4 and demonstrates that the failure to satisfy any of the 

5 requirements described in those subclauses was directly 

6 caused by extraordinary circumstances, as determined by 

7 the Secretary in the Secretary’s discretion.’’. 

8 SEC. 4303. COOPERATION WITH SECRETARY OF STATE. 

9 Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 

10 by section 4302, is further amended by adding at the end 

11 the following: 

12 ‘‘(H) For purposes of approving petitions under this 

13 paragraph, the Secretary of Homeland Security shall work 

14 cooperatively with the Secretary of State to verify the ex15 istence or continued existence of a company or office in 

16 the United States or in a foreign country.’’. 

17 SEC. 4304. LIMITATION ON EMPLOYMENT OF L NON18 IMMIGRANTS. 

19 Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 

20 by sections 4302 and 4303, is further amended by adding 

21 at the end the following: 

22 ‘‘(I)(i) If the employer employs 50 or more employees 

23 in the United States, the sum of the number of such em24 ployees who are H–1B nonimmigrants plus the number 


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1 of such employees who are L nonimmigrants may not ex2 ceed— 

3 ‘‘(I) 75 percent of the total number of employ4 ees, for fiscal year 2015; 

5 ‘‘(II) 65 percent of the total number of employ6 ees, for fiscal year 2016; and 

7 ‘‘(III) 50 percent of the total number of em8 ployees, for each fiscal year after fiscal year 2016. 

9 ‘‘(ii) In this subparagraph: 

10 ‘‘(I) The term ‘employer’ does not include a 

11 nonprofit institution of higher education or a non12 profit research organization described in section 

13 501(c)(3) of the Internal Revenue Code of 1986 and 

14 exempt from taxation under 501(a) of that Code 

15 that is— 

16 ‘‘(aa) an institution of higher education (as 

17 defined in section 101(a) of the Higher Edu18 cation Act of 1965 (20 U.S.C. 1001(a))); or 

19 ‘‘(bb) a research organization. 

20 ‘‘(II) The term ‘H–1B nonimmigrant’ means an 

21 alien admitted as a nonimmigrant pursuant to sec22 tion 101(a)(15)(H)(i)(b). 

23 ‘‘(III) The term ‘L nonimmigrant’ means an 

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1 tion 101(a)(15)(L) to provide services to the alien’s 

2 employer involving specialized knowledge. 

3 ‘‘(iii) In determining the percentage of employees of 

4 an employer that are H–1B nonimmigrants or L non5 immigrants under clause (i), an intending immigrant em6 ployee shall not count toward such percentage.’’. 

7 SEC. 4305. FILING FEE FOR L NONIMMIGRANTS. 

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law, the filing fee for an application for admission 

10 of an L nonimmigrant shall be as follows: 

11 (1) For each of the fiscal years beginning in fis12 cal year 2014, $5,000 for applicants that employ 50 

13 or more employees in the United States if more than 

14 30 percent and less than 50 percent of the appli15 cant’s employees are H–1B nonimmigrants or L 

16 nonimmigrants. 

17 (2) For each of the fiscal years 2014 through 

18 2017, $10,000 for applicants that employ 50 or 

19 more employees in the United States if more than 

20 50 percent and less than 75 percent of the appli21 cant’s employees are H–1B nonimmigrants or L 

22 nonimmigrants. Fees collected under this paragraph 

23 shall be deposited in the Comprehensive Immigration 

24 Reform Trust Fund established under section 

25 6(a)(1). 


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1 (b) DEFINITIONS.—In this section: 

2 (1) EMPLOYER.—The term ‘‘employer’’ does 

3 not include a nonprofit institution of higher edu4 cation or a nonprofit research organization described 

5 in section 501(c)(3) of the Internal Revenue Code of 

6 1986 and exempt from taxation under 501(a) of 

7 that Code that is— 

8 (A) an institution of higher education (as 

9 defined in section 101(a) of the Higher Edu10 cation Act of 1965 (20 U.S.C. 1001(a))); or 

11 (B) a research organization. 

12 (2) H–1B NONIMMIGRANT.—The term ‘‘H–1B 

13 nonimmigrant’’ means an alien admitted as a non14 immigrant pursuant to section 101(a)(15)(H)(i)(b) 

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

16 1101(a)(15)(H)(i)(b)). 

17 (3) L NONIMMIGRANT.—The term ‘‘L non18 immigrant’’ means an alien admitted as a non19 immigrant pursuant to section 101(a)(15)(L) of the 

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

21 1101(a)(15)(L)) to provide services to the alien’s 

22 employer involving specialized knowledge. 

23 (c) EXCEPTION FOR INTENDING IMMIGRANTS.—In 

24 determining the percentage of employees of an employer 

25 that are H–1B nonimmigrants or L nonimmigrants under 


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1 subsection (a), an intending immigrant employee (as de2 fined in section 101(a)(54)(A) of the Immigration and Na3 tionality Act shall not count toward such percentage. 

4 (d) CONFORMING AMENDMENT.—Section 402 of the 

5 Act entitled ‘‘An Act making emergency supplemental ap6 propriations for border security for the fiscal year ending 

7 September 30, 2010, and for other purposes’’, approved 

8 August 13, 2010 (Public Law 111–230; 8 U.S.C. 1101 

9 note), as amended by section 4233(d), is further amended 

10 by striking subsections (a) and (c). 

11 SEC. 4306. INVESTIGATION AND DISPOSITION OF COM12 PLAINTS AGAINST L NONIMMIGRANT EM13 PLOYERS. 

14 Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 

15 by sections 4302, 4303, and 4304 is further amended by 

16 adding at the end the following: 

17 ‘‘(J)(i) The Secretary of Homeland Security may ini18 tiate an investigation of any employer that employs non19 immigrants described in section 101(a)(15)(L) with re20 gard to the employer’s compliance with the requirements 

21 of this subsection. 

22 ‘‘(ii)(I) If the Secretary receives specific credible in23 formation from a source who is likely to have knowledge 

24 of an employer’s practices, employment conditions, or 

25 compliance with the requirements under this subsection, 


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1 the Secretary may conduct an investigation into the em2 ployer’s compliance with the requirements of this sub3 section. 

4 ‘‘(II) The Secretary may withhold the identity of a 

5 source referred to in subclause (I) from an employer and 

6 the identity of such source shall not be subject to disclo7 sure under section 552 of title 5, United States Code. 

8 ‘‘(iii) The Secretary shall establish a procedure for 

9 any person desiring to provide to the Secretary informa10 tion described in clause (ii)(I) that may be used, in whole 

11 or in part, as the basis for the commencement of an inves12 tigation described in such clause, to provide the informa13 tion in writing on a form developed and provided by the 

14 Secretary and completed by or on behalf of the person. 

15 ‘‘(iv) No investigation described in clause (ii)(I) (or 

16 hearing described in clause (vi) based on such investiga17 tion) may be conducted with respect to information about 

18 a failure to comply with the requirements under this sub19 section, unless the Secretary receives the information not 

20 later than 24 months after the date of the alleged failure. 

21 ‘‘(v)(I) Subject to subclause (III), before commencing 

22 an investigation of an employer under clause (i) or (ii), 

23 the Secretary shall provide notice to the employer of the 

24 intent to conduct such investigation. 


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1 ‘‘(II) The notice required by subclause (I) shall be 

2 provided in such a manner, and shall contain sufficient 

3 detail, to permit the employer to respond to the allegations 

4 before an investigation is commenced. 

5 ‘‘(III) The Secretary is not required to comply with 

6 this clause if the Secretary determines that to do so would 

7 interfere with an effort by the Secretary to investigate or 

8 secure compliance by the employer with the requirements 

9 of this subsection. 

10 ‘‘(IV) There shall be no judicial review of a deter11 mination by the Secretary under this clause. 

12 ‘‘(vi) If the Secretary, after an investigation under 

13 clause (i) or (ii), determines that a reasonable basis exists 

14 to make a finding that the employer has failed to comply 

15 with the requirements under this subsection, the Secretary 

16 shall provide the interested parties with notice of such de17 termination and an opportunity for a hearing in accord18 ance with section 556 of title 5, United States Code, not 

19 later than 120 days after the date of such determination. 

20 If such a hearing is requested, the Secretary shall make 

21 a finding concerning the matter by not later than 120 days 

22 after the date of the hearing. 

23 ‘‘(vii) If the Secretary, after a hearing, finds a rea24 sonable basis to believe that the employer has violated the 


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1 requirements under this subsection, the Secretary shall 

2 impose a penalty under subparagraph (K). 

3 ‘‘(viii)(I) The Secretary may conduct voluntary sur4 veys of the degree to which employers comply with the re5 quirements under this section. 

6 ‘‘(II) The Secretary shall— 

7 ‘‘(aa) conduct annual compliance audits of each 

8 employer with more than 100 employees who work 

9 in the United States if more than 15 percent of such 

10 employees are nonimmigrants described in 

11 101(a)(15)(L); and 

12 ‘‘(bb) make available to the public an executive 

13 summary or report describing the general findings of 

14 the audits carried out pursuant to this subclause.’’. 

15 SEC. 4307. PENALTIES. 

16 Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 

17 by sections 4302, 4303, 4304, and 4306, is further 

18 amended by adding at the end the following: 

19 ‘‘(K)(i) If the Secretary of Homeland Security finds, 

20 after notice and an opportunity for a hearing, a failure 

21 by an employer to meet a condition under subparagraph 

22 (F), (G), or (L) or a misrepresentation of material fact 

23 in a petition to employ 1 or more aliens as nonimmigrants 

24 described in section 101(a)(15)(L)— 


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1 ‘‘(I) the Secretary shall impose such administrative 

2 remedies (including civil monetary penalties in an amount 

3 not to exceed $2,000 per violation) as the Secretary deter4 mines to be appropriate; 

5 ‘‘(II) the Secretary may not, during a period of at 

6 least 1 year, approve a petition for that employer to em7 ploy 1 or more aliens as such nonimmigrants; and 

8 ‘‘(III) in the case of a violation of subparagraph (J), 

9 the employer shall be liable to the employees harmed by 

10 such violation for lost wages and benefits. 

11 ‘‘(ii) If the Secretary finds, after notice and an oppor12 tunity for a hearing, a willful failure by an employer to 

13 meet a condition under subparagraph (F), (G), or (L) or 

14 a willful misrepresentation of material fact in a petition 

15 to employ 1 or more aliens as nonimmigrants described 

16 in section 101(a)(15)(L)— 

17 ‘‘(I) the Secretary shall impose such adminis18 trative remedies (including civil monetary penalties 

19 in an amount not to exceed $10,000 per violation) 

20 as the Secretary determines to be appropriate; 

21 ‘‘(II) the Secretary may not, during a period of 

22 at least 2 years, approve a petition filed for that em23 ployer to employ 1 or more aliens as such non24 immigrants; and 


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1 ‘‘(III) in the case of a violation of subparagraph 

2 (J), the employer shall be liable to the employees 

3 harmed by such violation for lost wages and bene4 fits.’’. 

5 SEC. 4308. PROHIBITION ON RETALIATION AGAINST L NON6 IMMIGRANTS. 

7 Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 

8 by sections 4302, 4303, 4303, 4306, and 4307, is further 

9 amended by adding at the end the following: 

10 ‘‘(L)(i) It is a violation of this subparagraph for an 

11 employer who has filed a petition to import 1 or more 

12 aliens as nonimmigrants described in section 

13 101(a)(15)(L) to take, fail to take, or threaten to take 

14 or fail to take, a personnel action, or to intimidate, threat15 en, restrain, coerce, blacklist, discharge, or discriminate 

16 in any other manner against an employee because the em17 ployee— 

18 ‘‘(I) has disclosed information that the em19 ployee reasonably believes evidences a violation of 

20 this subsection, or any rule or regulation pertaining 

21 to this subsection; or 

22 ‘‘(II) cooperates or seeks to cooperate with the 

23 requirements of this subsection, or any rule or regu24 lation pertaining to this subsection. 


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1 ‘‘(ii) In this subparagraph, the term ‘employee’ in2 cludes— 

3 ‘‘(I) a current employee; 

4 ‘‘(II) a former employee; and 

5 ‘‘(III) an applicant for employment.’’. 

6 SEC. 4309. REPORTS ON L NONIMMIGRANTS. 

7 Section 214(c)(8) (8 U.S.C. 1184(c)(8)) is amended 

8 by inserting ‘‘(L),’’ after ‘‘(H),’’. 

9 SEC. 4310. APPLICATION. 

10 The amendments made by this subtitle shall apply to 

11 applications filed on or after the date of the enactment 

12 of this Act. 

13 SEC. 4311. REPORT ON L BLANKET PETITION PROCESS. 

14 Not later than 6 months after the date of the enact15 ment of this Act, the Inspector General of the Department 

16 shall submit to the Committee on the Judiciary of the Sen17 ate and the Committee on the Judiciary of the House of 

18 Representatives a report regarding the use of blanket peti19 tions under section 214(c)(2)(A) of the Immigration and 

20 Nationality Act (8 U.S.C. 1184(c)(2)(A)). Such report 

21 shall assess the efficiency and reliability of the process for 

22 reviewing such blanket petitions, including whether the 

23 process includes adequate safeguards against fraud and 

24 abuse. 


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1 Subtitle D—Other Nonimmigrant 

2 Visas 

3 SEC. 4401. NONIMMIGRANT VISAS FOR STUDENTS. 

4 (a) AUTHORIZATION OF DUAL INTENT FOR F NON5 IMMIGRANTS SEEKING BACHELOR’S OR GRADUATE DE6 GREES.—Section 101(a)(15)(F) (8 U.S.C. 

7 1101(a)(15)(F)) is amended to read as follows: 

8 ‘‘(F)(i) an alien having a residence in a 

9 foreign country who is a bona fide student 

10 qualified to pursue a full course of study and 

11 who seeks to enter the United States tempo12 rarily and solely for the purpose of pursuing 

13 such a course of study consistent with section 

14 214(m) at an accredited college, university, or 

15 language training program, or at an established 

16 seminary, conservatory, academic high school, 

17 elementary school, or other academic institution 

18 in the United States, particularly designated by 

19 the alien and approved by the Secretary of 

20 Homeland Security after consultation with the 

21 Secretary of Education, which institution or 

22 place of study shall have agreed to report to the 

23 Secretary of Homeland Security the termination 

24 of attendance of each nonimmigrant student, 

25 and if any such institution of learning or place 


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1 of study fails to make reports promptly the ap2 proval shall be withdrawn, except that such an 

3 alien who is not seeking to pursue a degree that 

4 is a bachelor’s degree or a graduate degree shall 

5 have a residence in a foreign country that the 

6 alien has no intention of abandoning; 

7 ‘‘(ii) the alien spouse and minor children of 

8 any alien described in clause (i) if accom9 panying or following to join such an alien; and 

10 ‘‘(iii) an alien who is a national of Canada 

11 or Mexico, who maintains actual residence and 

12 place of abode in the country of nationality, 

13 who is described in clause (i) except that the 

14 alien’s qualifications for and actual course of 

15 study may be full or part-time, and who com16 mutes to the United States institution or place 

17 of study from Canada or Mexico.’’. 

18 (b) DUAL INTENT.—Section 214(h) (8 U.S.C. 

19 1184(h)) is amended to read as follows: 

20 ‘‘(h) DUAL INTENT.—The fact that an alien is, or 

21 intends to be, the beneficiary of an application for a pref22 erence status filed under section 204, seeks a change or 

23 adjustment of status after completing a legitimate period 

24 of nonimmigrant stay, or has otherwise sought permanent 

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1 dence of intent to abandon a foreign residence that would 

2 preclude the alien from obtaining or maintaining— 

3 ‘‘(1) a visa or admission as a nonimmigrant de4 scribed in subparagraph (E), (F)(i), (F)(ii), 

5 (H)(i)(b), (H)(i)(c), (L), (O), (P), (V), or (W) of 

6 section 101(a)(15); or 

7 ‘‘(2) the status of a nonimmigrant described in 

8 any such subparagraph.’’. 

9 (c) REQUIREMENT OF STUDENT VISA DATA TRANS10 FER AND CERTIFICATION.— 

11 (1) IN GENERAL.—The Secretary shall imple12 ment real-time transmission of data from the Stu13 dent and Exchange Visitor Information System to 

14 databases used by U.S. Customs and Border Protec15 tion. 

16 (2) CERTIFICATION.— 

17 (A) IN GENERAL.—Not later than 120 

18 days after the date of the enactment of this 

19 Act, the Secretary shall certify to Congress that 

20 the transmission of data referred to in para21 graph (1) has been implemented. 

22 (B) TEMPORARY SUSPENSION OF VISA

23 ISSUANCE.—If the Secretary has not made the 

24 certification referred to in subparagraph (A) 

25 during the 120-day period, the Secretary shall 


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1 suspend issuance of visas under subparagraphs 

2 (F) and (M) of section 101(a)(15) of the Immi3 gration and Nationality Act (8 U.S.C. 

4 1101(a)(15)) until the certification is made. 

5 SEC. 4402. CLASSIFICATION FOR SPECIALTY OCCUPATION 

6 WORKERS FROM FREE TRADE COUNTRIES. 

7 (a) NONIMMIGRANT STATUS.—Section 

8 101(a)(15)(E)(8 U.S.C. 1101(a)(15)(E)) is amended— 

9 (1) in the matter preceding clause (i), by insert10 ing ‘‘, bilateral investment treaty, or free trade 

11 agreement’’ after ‘‘treaty of commerce and naviga12 tion’’; 

13 (2) in clause (ii), by striking ‘‘or’’ at the end; 

14 and 

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

16 ‘‘(iv) solely to perform services in a 

17 specialty occupation in the United States if 

18 the alien is a national of a country, other 

19 than Chile, Singapore, or Australia, with 

20 which the United States has entered into a 

21 free trade agreement (regardless of wheth22 er such an agreement is a treaty of com23 merce and navigation) and with respect to 

24 whom the Secretary of Labor determines 

25 and certifies to the Secretary of Homeland 


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1 Security and the Secretary of State that 

2 the intending employer has filed with the 

3 Secretary of Labor an attestation under 

4 section 212(t); 

5 ‘‘(v) solely to perform services in a 

6 specialty occupation in the United States if 

7 the alien is a national of the Republic of 

8 Korea and with respect to whom the Sec9 retary of Labor determines and certifies to 

10 the Secretary of Homeland Security and 

11 the Secretary of State that the intending 

12 employer has filed with the Secretary of 

13 Labor an attestation under section 212(t); 

14 or 

15 ‘‘(vi) solely to perform services as an 

16 employee and who has at least a high 

17 school education or its equivalent, or has, 

18 during the most recent 5-year period, at 

19 least 2 years of work experience in an oc20 cupation which requires at least 2 years of 

21 training or experience if the alien is a na22 tional of a country— 

23 ‘‘(I) designated as an eligible 

24 sub-Saharan African country under 

25 section 104 of the African Growth 


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1 and Opportunity Act (19 U.S.C. 

2 3703); or 

3 ‘‘(II) designated as a beneficiary 

4 country for purposes of the Caribbean 

5 Basin Economic Recovery Act (19 

6 U.S.C. 2701 et seq.);’’. 

7 (b) NUMERICAL LIMITATION.—Section 214(g)(11) (8 

8 U.S.C. 1184(g)(11)) is amended— 

9 (1) in subparagraph (A), by striking ‘‘section 

10 101(a)(15)(E)(iii)’’ and inserting ‘‘clauses (iii) and 

11 (vi) of section 101(a)(15)(E)’’; and 

12 (2) by amending subparagraph (B) to read as 

13 follows: 

14 ‘‘(B) The applicable numerical limitation referred to 

15 in subparagraph (A) for each fiscal year is— 

16 ‘‘(i) 10,500 for each of the nationalities identi17 fied in clause (iii) of section 101(a)(15)(E); and 

18 ‘‘(ii) 10,500 for all aliens described in clause 

19 (vi) of such section.’’. 

20 (c) FREE TRADE AGREEMENTS.—Section 214(g) (8 

21 U.S.C. 1184(g)) is amended by adding at the end the fol22 lowing: 

23 ‘‘(12)(A) The free trade agreements referred to in 

24 section 101(a)(15)(E)(iv) are defined as any free trade 

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1 rity with the concurrence of the United States Trade Rep2 resentative and the Secretary of State. 

3 ‘‘(B) The Secretary of State may not approve a num4 ber of initial applications submitted for aliens described 

5 in clause (iv) or (v) of section 101(a)(15)(E) that is more 

6 than 5,000 per fiscal year for each country with which 

7 the United States has entered into a Free Trade Agree8 ment. 

9 ‘‘(C) The applicable numerical limitation referred to 

10 in subparagraph (A) shall apply only to principal aliens 

11 and not to the spouses or children of such aliens.’’. 

12 (d) NONIMMIGRANT PROFESSIONALS.—Section 

13 212(t) (8 U.S.C. 1182(t)) is amended by striking ‘‘section 

14 101(a)(15)(E)(iii)’’ each place that term appears and in15 serting ‘‘clause (iv) or (v) of section 101(a)(15)(E)’’. 

16 SEC. 4403. E–VISA REFORM. 

17 (a) NONIMMIGRANT CATEGORY.—Section 

18 101(a)(15)(E)(iii) (8 U.S.C. 1101(a)(15)(E)(iii)) is 

19 amended by inserting ‘‘, or solely to perform services as 

20 an employee and who has at least a high school education 

21 or its equivalent, or has, within 5 years, at least 2 years 

22 of work experience in an occupation which requires at least 

23 2 years of training or experience if the alien is a national 

24 of the Republic of Ireland,’’ after ‘‘Australia’’. 


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1 (b) TEMPORARY ADMISSION.—Section 212(d)(3)(A) 

2 (8 U.S.C. 1182(d)(3)(A)) is amended to read as follows: 

3 ‘‘(A) Except as otherwise provided in this sub4 section— 

5 ‘‘(i) an alien who is applying for a non6 immigrant visa and who the consular officer 

7 knows or believes to be ineligible for such visa 

8 under subsection (a) (other than subparagraphs 

9 (A)(i)(I), (A)(ii), (A)(iii), (C), (E)(i), and 

10 (E)(ii) of paragraph (3) of such subsection)— 

11 ‘‘(I) after approval by the Secretary of 

12 Homeland Security of a recommendation 

13 by the Secretary of State or by the con14 sular officer that the alien be admitted 

15 temporarily despite the alien’s inadmis16 sibility, may be granted such a visa and 

17 may be admitted into the United States 

18 temporarily as a nonimmigrant, in the dis19 cretion of the Secretary of Homeland Secu20 rity; or 

21 ‘‘(II) absent such recommendation 

22 and approval, be granted a nonimmigrant 

23 visa pursuant to section 101(a)(15)(E) if 

24 such ineligibility is based solely on conduct 

25 in violation of paragraph (6), (7), or (9) of 


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1 section 212(a) that occurred before the 

2 date of the enactment of the Border Secu3 rity, Economic Opportunity, and Immigra4 tion Modernization Act; and 

5 ‘‘(ii) an alien who is inadmissible under 

6 subsection (a) (other than subparagraphs 

7 (A)(i)(I), (A)(ii), (A)(iii), (C), (E)(i), and 

8 (E)(ii) of paragraph (3) of such subsection), is 

9 in possession of appropriate documents or was 

10 granted a waiver from such document require11 ment, and is seeking admission, may be admit12 ted into the United States temporarily as a 

13 nonimmigrant, in the discretion of the Sec14 retary of Homeland Security, who shall pre15 scribe conditions, including exaction of such 

16 bonds as may be necessary, to control and regu17 late the admission and return of inadmissible 

18 aliens applying for temporary admission under 

19 this paragraph.’’. 

20 (c) NUMERICAL LIMITATION.—Section 

21 214(g)(11)(B) (8 U.S.C. 1184(g)(11)(B)) is amended by 

22 striking the period at the end and inserting ‘‘for each of 

23 the nationalities identified under section 

24 101(a)(15)(E)(iii).’’. 


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1 SEC. 4404. OTHER CHANGES TO NONIMMIGRANT VISAS. 

2 (a) PORTABILITY.—Paragraphs (1) and (2) of sec3 tion 214(n) (8 U.S.C. 1184(n)) are amended to read as 

4 follows: 

5 ‘‘(1) A nonimmigrant alien described in paragraph 

6 (2) who was previously issued a visa or otherwise provided 

7 nonimmigrant status under section 101(a)(15)(H)(i)(b) or 

8 101(a)(15)(O)(i) is authorized to accept new employment 

9 pursuant to such section upon the filing by the prospective 

10 employer of a new petition on behalf of such nonimmigrant 

11 as provided under subsection (a). Employment authoriza12 tion shall continue for such alien until the new petition 

13 is adjudicated. If the new petition is denied, such author14 ization shall cease. 

15 ‘‘(2) A nonimmigrant alien described in this para16 graph is a nonimmigrant alien— 

17 ‘‘(A) who has been lawfully admitted into the 

18 United States; 

19 ‘‘(B) on whose behalf an employer has filed a 

20 nonfrivolous petition for new employment before the 

21 date of expiration of the period of stay authorized by 

22 the Secretary of Homeland Security; and 

23 ‘‘(C) who, subsequent to such lawful admission, 

24 has not been employed without authorization in the 

25 United States before the filing of such petition.’’. 


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1 (b) WAIVER.—The undesignated material at the end 

2 of section 214(c)(3) (8 U.S.C. 1184(c)(3)) is amended to 

3 read as follows: 

4 ‘‘The Secretary of Homeland Security shall provide by 

5 regulation for the waiver of the consultation requirement 

6 under subparagraph (A) in the case of aliens who have 

7 been admitted as nonimmigrants under section 

8 101(a)(15)(O)(i) because of extraordinary ability in the 

9 arts or extraordinary achievement in motion picture or tel10 evision production and who seek readmission to perform 

11 similar services within 3 years after the date of a consulta12 tion under such subparagraph provided that, in the case 

13 of aliens admitted because of extraordinary achievement 

14 in motion picture or television production, such waiver 

15 shall apply only if the prior consultations by the appro16 priate union and management organization were favorable 

17 or raised no objection to the approval of the petition. Not 

18 later than 5 days after such a waiver is provided, the Sec19 retary shall forward a copy of the petition and all sup20 porting documentation to the national office of an appro21 priate labor organization. In the case of an alien seeking 

22 entry for a motion picture or television production (i) any 

23 opinion under the previous sentence shall only be advisory; 

24 (ii) any such opinion that recommends denial must be in 

25 writing; (iii) in making the decision the Attorney General 


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1 shall consider the exigencies and scheduling of the produc2 tion; (iv) the Attorney General shall append to the decision 

3 any such opinion; and (v) upon making the decision, the 

4 Attorney General shall immediately provide a copy of the 

5 decision to the consulting labor and management organi6 zations.’’. 

7 SEC. 4405. TREATMENT OF NONIMMIGRANTS DURING AD8 JUDICATION OF APPLICATION. 

9 Section 214 (8 U.S.C. 1184), as amended by sections 

10 3609 and 4233, is further amended by adding at the end 

11 the following: 

12 ‘‘(u) TREATMENT OF NONIMMIGRANTS DURING AD13 JUDICATION OF APPLICATION.—A nonimmigrant alien 

14 granted employment authorization pursuant to sections 

15 101(a)(15)(A), 101(a)(15)(E), 101(a)(15)(G), 

16 101(a)(15)(H), 101(a)(15)(I), 101(a)(15)(J), 

17 101(a)(15)(L), 101(a)(15)(O), 101(a)(15)(P), 

18 101(a)(15)(Q), 101(a)(15)(R), 214(e), and such other sec19 tions as the Secretary of Homeland Security may by regu20 lations prescribe whose status has expired but who has, 

21 or whose sponsoring employer or authorized agent has, 

22 filed a timely application or petition for an extension of 

23 such employment authorization and nonimmigrant status 

24 as provided under subsection (a) is authorized to continue 

25 employment with the same employer until the application 


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1 or petition is adjudicated. Such authorization shall be sub2 ject to the same conditions and limitations as the initial 

3 grant of employment authorization.’’. 

4 SEC. 4406. NONIMMIGRANT ELEMENTARY AND SECONDARY 

5 SCHOOL STUDENTS. 

6 Section 214(m)(1)(B) (8 U.S.C. 1184(m)(1)(B)) is 

7 amended striking ‘‘unless—’’ and all that follows through 

8 ‘‘(ii)’’ and inserting ‘‘unless’’. 

9 SEC. 4407. J–1 SUMMER WORK TRAVEL VISA EXCHANGE VIS10 ITOR PROGRAM FEE. 

11 Section 281 (8 U.S.C. 1351), as amended by section 

12 4105, is further amended by adding at the end the fol13 lowing: 

14 ‘‘(e) J–1 SUMMER WORK TRAVEL PARTICIPANT

15 FEE.—In addition to the fees authorized under subsection 

16 (a), the Secretary of State shall collect a $100 fee from 

17 each nonimmigrant entering under the Summer Work 

18 Travel program conducted by the Secretary of State pur19 suant to the Foreign Affairs Reform and Restructuring 

20 Act of 1998 (division G of Public Law 105–277; 112 Stat. 

21 2681–761). Fees collected under this subsection shall be 

22 deposited into the Comprehensive Immigration Reform 

23 Trust Fund established under section 6(a)(1) of the Bor24 der Security, Economic Opportunity, and Immigration 

25 Modernization Act.’’. 


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1 SEC. 4408. J VISA ELIGIBILITY. 

2 (a) SPEAKERS OF CERTAIN FOREIGN LANGUAGES.— 

3 Section 101(a)(15)(J) (8 U.S.C. 1101(a)(15)(J)) is 

4 amended to read as follows: 

5 ‘‘(J) an alien having a residence in a for6 eign country which he has no intention of aban7 doning who— 

8 ‘‘(i) is a bona fide student, scholar, 

9 trainee, teacher, professor, research assist10 ant, specialist, or leader in a field of spe11 cialized knowledge or skill, or other person 

12 of similar description, who is coming tem13 porarily to the United States as a partici14 pant in a program designated by the Di15 rector of the United States Information 

16 Agency, for the purpose of teaching, in17 structing or lecturing, studying, observing, 

18 conducting research, consulting, dem19 onstrating special skills, or receiving train20 ing and who, if such alien is coming to the 

21 United States to participate in a program 

22 under which such alien will receive grad23 uate medical education or training, also 

24 meets the requirements of section 212(j), 

25 and the alien spouse and minor children of 


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1 any such alien if accompanying such alien 

2 or following to join such alien; or 

3 ‘‘(ii) is coming to the United States to 

4 perform work involving specialized knowl5 edge or skill, including teaching on a full6 time or part-time basis, that requires pro7 ficiency of languages spoken as a native 

8 language in countries of which fewer than 

9 5,000 nationals were lawfully admitted for 

10 permanent residence in the United States 

11 in the previous year;’’. 

12 (b) REQUIREMENT FOR ANNUAL LIST OF COUN13 TRIES.—The Secretary of State shall publish an annual 

14 list of the countries described in clause (ii) of section 

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

16 U.S.C. 1101(a)(15)(J)), as added by subsection (a). 

17 (c) SUMMER WORK TRAVEL PROGRAM EMPLOYMENT

18 IN SEAFOOD PROCESSING.—Notwithstanding any other 

19 provision of law or regulation, including part 62 of title 

20 22, Code of Federal Regulations, or any proposed rule, 

21 the Secretary of State shall permit participants in the 

22 Summer Work Travel program described in section 62.32 

23 of such title 22 who are admitted under section 

24 101(a)(15)(J) of the Immigration and Nationality Act (8 


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1 U.S.C. 1101(a)(15)(J)), as amended by subsection (a), to 

2 be employed in seafood processing positions in Alaska. 

3 SEC. 4409. F–1 VISA FEE. 

4 Section 281 (8 U.S.C. 1351), as amended by sections 

5 4105 and 4407, is further amended by adding at the end 

6 the following: 

7 ‘‘(f) F–1 VISA FEE.— 

8 ‘‘(1) IN GENERAL.—In addition to the fees au9 thorized under subsection (a), the Secretary of 

10 Homeland Security shall collect a $100 fee from 

11 each nonimmigrant admitted under section 

12 101(a)(15)(F)(i). Fees collected under this sub13 section shall be deposited into the Comprehensive 

14 Immigration Reform Trust Fund established under 

15 section 6(a)(1) of the Border Security, Economic 

16 Opportunity, and Immigration Modernization Act. 

17 ‘‘(2) RULEMAKING.—The Secretary of Home18 land Security, in conjunction with the Secretary of 

19 State, shall promulgate regulations to ensure that— 

20 ‘‘(A) the fee authorized under paragraph 

21 (1) is paid on behalf of all J–1 nonimmigrants 

22 seeking entry into the United States; 

23 ‘‘(B) a fee related to the hiring of a J–1 

24 nonimmigrant is not deducted from the wages 


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1 or other compensation paid to the J–1 non2 immigrant; and 

3 ‘‘(C) not more than 1 fee is collected per 

4 J–1 nonimmigrant.’’. 

5 SEC. 4410. PILOT PROGRAM FOR REMOTE B NON6 IMMIGRANT VISA INTERVIEWS. 

7 Section 222 (8 U.S.C. 1202) is amended by adding 

8 at the end the following: 

9 ‘‘(i)(1) Except as provided in paragraph (3), the Sec10 retary of State— 

11 ‘‘(A) shall develop and conduct a pilot program 

12 for processing visas under section 101(a)(15)(B) 

13 using secure remote videoconferencing technology as 

14 a method for conducting any required in person 

15 interview of applicants; and 

16 ‘‘(B) in consultation with the heads of other 

17 Federal agencies that use such secure communica18 tions, shall help ensure the security of the 

19 videoconferencing transmission and encryption con20 ducted under subparagraph (A). 

21 ‘‘(2) Not later than 90 days after the termination of 

22 the pilot program authorized under paragraph (1), the 

23 Secretary of State shall submit to the appropriate commit24 tees of Congress a report that contains— 


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1 ‘‘(A) a detailed description of the results of 

2 such program, including an assessment of the effi3 cacy, efficiency, and security of the remote 

4 videoconferencing technology as a method for con5 ducting visa interviews of applicants; and 

6 ‘‘(B) recommendations for whether such pro7 gram should be continued, broadened, or modified. 

8 ‘‘(3) The pilot program authorized under paragraph 

9 (1) may not be conducted if the Secretary of State deter10 mines that such program— 

11 ‘‘(A) poses an undue security risk; and 

12 ‘‘(B) cannot be conducted in a manner con13 sistent with maintaining security controls. 

14 ‘‘(4) If the Secretary of State makes a determination 

15 under paragraph (3), the Secretary shall submit a report 

16 to the appropriate committees of Congress that describes 

17 the reasons for such determination. 

18 ‘‘(5) In this subsection: 

19 ‘‘(A) The term ‘appropriate committees of Con20 gress’ means— 

21 ‘‘(i) the Committee on the Judiciary, the 

22 Committee on Foreign Relations, and the Com23 mittee on Appropriations of the Senate; and 

24 ‘‘(ii) the Committee on the Judiciary, the 

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1 mittee on Appropriations of the House of Rep2 resentatives. 

3 ‘‘(B) The term ‘in person interview’ includes 

4 interviews conducted using remote video tech5 nology.’’. 

6 SEC. 4411. PROVIDING CONSULAR OFFICERS WITH ACCESS 

7 TO ALL TERRORIST DATABASES AND REQUIR8 ING HEIGHTENED SCRUTINY OF APPLICA9 TIONS FOR ADMISSION FROM PERSONS LIST10 ED ON TERRORIST DATABASES. 

11 Section 222 (8 U.S.C. 1202), as amended by section 

12 4410, is further amended by adding at the end the fol13 lowing: 

14 ‘‘(j) PROVIDING CONSULAR OFFICERS WITH ACCESS

15 TO ALL TERRORIST DATABASES AND REQUIRING

16 HEIGHTENED SCRUTINY OF APPLICATIONS FOR ADMIS17 SION FROM PERSONS LISTED ON TERRORIST DATA18 BASES.— 

19 ‘‘(1) ACCESS TO THE SECRETARY OF STATE.— 

20 ‘‘(A) IN GENERAL.—Except as provided in 

21 subparagraph (B), the Secretary of State shall 

22 have access to all terrorism records and data23 bases maintained by any agency or department 

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1 mining whether an applicant for admission 

2 poses a security threat to the United States. 

3 ‘‘(B) EXCEPTION.—The head of such an 

4 agency or department may only withhold access 

5 to terrorism records and databases from the 

6 Secretary of State if such head is able to articu7 late that withholding is necessary to prevent the 

8 unauthorized disclosure of information that 

9 clearly identifies, or would reasonably permit 

10 ready identification of, intelligence or sensitive 

11 law enforcement sources, methods, or activities. 

12 ‘‘(2) BIOGRAPHIC AND BIOMETRIC SCREEN13 ING.— 

14 ‘‘(A) REQUIREMENT FOR BIOGRAPHIC AND

15 BIOMETRIC SCREENING.—Notwithstanding any 

16 other provision of this Act, the Secretary of 

17 State shall require every alien applying for ad18 mission to the United States to submit to bio19 graphic and biometric screening to determine 

20 whether the alien’s name or biometric informa21 tion is listed in any terrorist watch list or data22 base maintained by any agency or department 

23 of the United States. 

24 ‘‘(B) EXCLUSIONS.—No alien applying for 

25 a visa to the United States shall be granted 


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1 such visa by a consular officer if the alien’s 

2 name or biometric information is listed in any 

3 terrorist watch list or database referred to in 

4 subparagraph (A) unless— 

5 ‘‘(i) screening of the alien’s visa appli6 cation against interagency counterter7 rorism screening systems which compare 

8 the applicant’s information against data in 

9 all counterterrorism watch lists and data10 bases reveals no potentially pertinent links 

11 to terrorism; 

12 ‘‘(ii) the consular officer submits the 

13 application for further review to the Sec14 retary of State and the heads of other rel15 evant agencies, including the Secretary of 

16 Homeland Security and the Director of 

17 National Intelligence; and 

18 ‘‘(iii) the Secretary of State, after 

19 consultation with the Secretary of Home20 land Security, the Director of National In21 telligence, and the heads of other relevant 

22 agencies, certifies that the alien is admis23 sible to the United States.’’. 


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1 SEC. 4412. VISA REVOCATION INFORMATION. 

2 Section 428 of the Homeland Security Act of 2002 

3 (6 U.S.C. 236) is amended by adding at the end the fol4 lowing: 

5 ‘‘(j) VISA REVOCATION INFORMATION.—If the Sec6 retary of State or the Secretary of Homeland Security re7 voke a visa— 

8 ‘‘(1) the fact of the revocation shall be imme9 diately provided to the relevant consular officers, law 

10 enforcement, and terrorist screening databases; and 

11 ‘‘(2) a notice of such revocation shall be posted 

12 to all Department of Homeland Security port inspec13 tors and to all consular officers.’’. 

14 SEC. 4413. STATUS FOR CERTAIN BATTERED SPOUSES AND 

15 CHILDREN. 

16 (a) NONIMMIGRANT STATUS FOR CERTAIN BAT17 TERED SPOUSES AND CHILDREN.—Section 101(a)(51) (8 

18 U.S.C. 1101(a)(51)), as amended by section 

19 2305(d)(6)(B)(i)(III), is further amended— 

20 (1) in subparagraph (E), by striking ‘‘or’’ at 

21 the end; 

22 (2) in subparagraph (F), by striking the period 

23 at the end and inserting ‘‘; or’’; and 

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

25 ‘‘(G) section 106 as an abused derivative 

26 alien.’’. 


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1 (b) RELIEF FOR ABUSED DERIVATIVE ALIENS.— 

2 (1) IN GENERAL.—Section 106 (8 U.S.C. 

3 1105a) is amended to read as follows: 

4 ‘‘SEC. 106. RELIEF FOR ABUSED DERIVATIVE ALIENS. 

5 ‘‘(a) ABUSED DERIVATIVE ALIEN DEFINED.—In this 

6 section, the term ‘abused derivative alien’ means an alien 

7 who— 

8 ‘‘(1) is the spouse or child admitted under sec9 tion 101(a)(15) or pursuant to a blue card status 

10 granted under section 2211 of the Border Security, 

11 Economic Opportunity, and Immigration Moderniza12 tion Act; 

13 ‘‘(2) is accompanying or following to join a 

14 principal alien admitted under such a section; and 

15 ‘‘(3) has been subjected to battery or extreme 

16 cruelty by such principal alien. 

17 ‘‘(b) RELIEF FOR ABUSED DERIVATIVE ALIENS.— 

18 The Secretary of Homeland Security— 

19 ‘‘(1) shall grant or extend the status of admis20 sion of an abused derivative alien under section 

21 101(a)(15) or section 2211 of the Border Security, 

22 Economic Opportunity, and Immigration Moderniza23 tion Act under which the principal alien was admit24 ted for the longer of— 


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1 ‘‘(A) the same period for which the prin2 cipal was initially admitted; or 

3 ‘‘(B) a period of 3 years; 

4 ‘‘(2) may renew a grant or extension of status 

5 made under paragraph (1); 

6 ‘‘(3) shall grant employment authorization to 

7 an abused derivative alien; and 

8 ‘‘(4) may adjust the status of the abused deriv9 ative alien to that of an alien lawfully admitted for 

10 permanent residence if— 

11 ‘‘(A) the alien is admissible under section 

12 212(a) or the Secretary of Homeland Security 

13 finds the alien’s continued presence in the 

14 United States is justified on humanitarian 

15 grounds, to ensure family unity, or is otherwise 

16 in the public interest; and 

17 ‘‘(B) the status under which the principal 

18 alien was admitted to the United States would 

19 have potentially allowed for eventual adjustment 

20 of status. 

21 ‘‘(c) EFFECT OF TERMINATION OF RELATIONSHIP.— 

22 Termination of the relationship with principal alien shall 

23 not affect the status of an abused derivative alien under 

24 this section if battery or extreme cruelty by the principal 


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1 alien was 1 central reason for termination of the relation2 ship. 

3 ‘‘(d) PROCEDURES.—Requests for relief under this 

4 section shall be handled under the procedures that apply 

5 to aliens seeking relief under section 204(a)(1)(C).’’. 

6 (2) TABLE OF CONTENTS AMENDMENT.—The 

7 table of contents in the first section is amended by 

8 striking the item relating to section 106 and insert9 ing the following: 

‘‘Sec. 106. Relief for abused derivative aliens.’’. 

10 SEC. 4414. NONIMMIGRANT CREWMEN LANDING TEMPO11 RARILY IN HAWAII. 

12 (a) IN GENERAL.—Section 101(a)(15)(D)(ii) (8 

13 U.S.C. 1101(a)(15)(D)(ii)) is amended— 

14 (1) by striking ‘‘Guam’’ both places that term 

15 appears and inserting ‘‘Hawaii, Guam,’’; and 

16 (2) by striking the semicolon at the end and in17 serting ‘‘or some other vessel or aircraft;’’. 

18 (b) TREATMENT OF DEPARTURES.—In the adminis19 tration of section 101(a)(15)(D)(ii) of the Immigration 

20 and Nationality Act (8 U.S.C. 1101(a)(15)(D)(ii)), an 

21 alien crewman shall be considered to have departed from 

22 Hawaii, Guam, or the Commonwealth of the Northern 

23 Mariana Islands after leaving the territorial waters of Ha24 waii, Guam, or the Commonwealth of the Northern Mar25 iana Islands, respectively, without regard to whether the 


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1 alien arrives in a foreign state before returning to Hawaii, 

2 Guam, or the Commonwealth of the Northern Mariana Is3 lands. 

4 (c) CONFORMING AMENDMENT.—The Act entitled 

5 ‘‘An Act to amend the Immigration and Nationality Act 

6 to permit nonimmigrant alien crewmen on fishing vessels 

7 to stop temporarily at ports in Guam’’, approved October 

8 21, 1986 (Public Law 99–505; 8 U.S.C. 1101 note) is 

9 amended by striking section 2. 

10 SEC. 4415. TREATMENT OF COMPACT OF FREE ASSOCIA11 TION MIGRANTS. 

12 (a) IN GENERAL.—Title II (8 U.S.C. 1151 et seq.) 

13 is amended by inserting after section 214 the following: 

14 ‘‘SEC. 214A. TREATMENT OF COMPACT OF FREE ASSOCIA15 TION MIGRANTS. 

16 ‘‘Notwithstanding any other provision of law, with re17 spect to eligibility for benefits for the Federal program 

18 defined in 402(b)(3)(C) of the Personal Responsibility and 

19 Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 

20 1612(b)(3)(C)) (relating to the Medicaid program), sec21 tions 401(a), 402(b)(1), and 403(a) of the Personal Re22 sponsibility and Work Opportunity Reconciliation Act of 

23 1996 (8 U.S.C. 1611(a), 1612(b)(1), 1613(a)) shall not 

24 apply to any individual who lawfully resides in the United 

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1 tion between the Government of the United States and 

2 the Governments of the Federated States of Micronesia, 

3 the Republic of the Marshall Islands, and the Republic of 

4 Palau. Any individual to which the preceding sentence ap5 plies shall be considered to be a qualified alien for pur6 poses of title IV of the Personal Responsibility and Work 

7 Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 

8 et seq.), but only with respect to the designated Federal 

9 program defined in section 402(b)(3)(C) of such Act (re10 lating to the Medicaid program) (8 U.S.C. 

11 1612(b)(3)(C)).’’. 

12 (b) CONFORMING AMENDMENTS.—Section 1108 of 

13 the Social Security Act (42 U.S.C. 1308) is amended— 

14 (1) in subsection (f), in the matter preceding 

15 paragraph (1), by striking ‘‘subsection (g)’’ and in16 serting ‘‘subsections (g) and (h)’’; and 

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

18 ‘‘(h) The limitations of subsections (f) and (g) shall 

19 not apply with respect to medical assistance provided to 

20 an individual described in section 214A of the Immigra21 tion and Nationality Act.’’. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply to benefits for items and services 

24 furnished on or after the date of the enactment of this 

25 Act. 


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1 SEC. 4416. INTERNATIONAL PARTICIPATION IN THE PER2 FORMING ARTS. 

3 Section 214(c)(6)(D) (8 U.S.C. 1184(c)(6)(D)) is 

4 amended— 

5 (1) in the first sentence, by inserting ‘‘(i)’’ be6 fore ‘‘Any person’’; 

7 (2) in the second sentence— 

8 (A) by striking ‘‘Once’’ and inserting ‘‘Ex9 cept as provided in clause (ii), once’’; and 

10 (B) by striking ‘‘Attorney General shall’’ 

11 and inserting ‘‘Secretary of Homeland Security 

12 shall’’; 

13 (3) in the third sentence, by striking ‘‘The At14 torney General’’ and inserting ‘‘The Secretary’’; and 

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

16 ‘‘(ii) The Secretary of Homeland Security shall adju17 dicate each petition for an alien with extraordinary ability 

18 in the arts (as described in section 101(a)(15)(O)(i)), an 

19 alien accompanying such an alien (as described in clauses 

20 (ii) and (iii) of section 101(a)(15)(O)), or an alien de21 scribed in section 101(a)(15)(P) (other than an alien de22 scribed in paragraph (4)(A) (relating to athletes)) not 

23 later than 14 days after— 

24 ‘‘(I) the date on which the petitioner submits 

25 the petition with a written advisory opinion, letter of 

26 no objection, or request for a waiver; or 


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1 ‘‘(II) the date on which the 15-day period de2 scribed in clause (i) has expired, if the petitioner has 

3 had an appropriate opportunity to supply rebuttal 

4 evidence. 

5 ‘‘(iii) If a petition described in clause (ii) is not adju6 dicated before the end of the 14-day period described in 

7 clause (ii) and the petitioner is an arts organization de8 scribed in paragraph (3), (5), or (6) of section 501(c) of 

9 the Internal Revenue Code of 1986 and exempt from tax 

10 under section 501(a) of such Code for the taxable year 

11 preceding the calendar year in which the petition is sub12 mitted, or an individual or entity petitioning primarily on 

13 behalf of such an organization, the Secretary of Homeland 

14 Security shall provide the petitioner with the premium 

15 processing services referred to in section 286(u), without 

16 a fee.’’. 

17 SEC. 4417. LIMITATION ON ELIGIBILITY OF CERTAIN NON18 IMMIGRANTS FOR HEALTH-RELATED PRO19 GRAMS. 

20 (a) IN GENERAL.—Section 1903(v)(4)(A) of the So21 cial Security Act (42 U.S.C. 1396b(v)(4)(A)) is amended 

22 by inserting ‘‘, but not including a nonimmigrant de23 scribed in subparagraph (B) or (F) of section 101(a)(15) 

24 of the Immigration and Nationality Act’’ after ‘‘section 

25 431(c) of such Act’’. 


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1 (b) CONFORMING CHANGES TO REGULATIONS.— 

2 (1) SECRETARY OF HEALTH AND HUMAN SERV3 ICES.—The Secretary of Health and Human Serv4 ices shall conform all regulations promulgated by the 

5 Secretary of Health and Human Services that ref6 erence the term ‘‘lawfully present’’ for purposes of 

7 health-related programs administered by the Sec8 retary of Health and Human Services to reflect the 

9 amendment made by subsection (a) to the definition 

10 of ‘‘lawfully residing’’ in section 1903(v)(4)(A) of 

11 the Social Security Act (42 U.S.C. 1396b(v)(4)(A)). 

12 (2) SECRETARY OF THE TREASURY.—The Sec13 retary of the Treasury shall make the same changes 

14 to regulations promulgated by the Secretary of the 

15 Treasury that reference the term ‘‘lawfully present’’ 

16 for purposes of health-related programs adminis17 tered by the Secretary of the Treasury as the Sec18 retary of Health and Human Services makes under 

19 paragraph (1). 

20 Subtitle E—JOLT Act 

21 SEC. 4501. SHORT TITLES. 

22 This subtitle may be cited as the ‘‘Jobs Originated 

23 through Launching Travel Act of 2013’’ or the ‘‘JOLT 

24 Act of 2013’’. 


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1 SEC. 4502. PREMIUM PROCESSING. 

2 Section 221 (8 U.S.C. 1201) is amended by inserting 

3 at the end the following: 

4 ‘‘(j) PREMIUM PROCESSING.— 

5 ‘‘(1) PILOT PROCESSING SERVICE.—Recog6 nizing that the best solution for expedited processing 

7 is low interview wait times for all applicants, the 

8 Secretary of State shall nevertheless establish, on a 

9 limited, pilot basis only, a fee-based premium proc10 essing service to expedite interview appointments. In 

11 establishing a pilot processing service, the Secretary 

12 may— 

13 ‘‘(A) determine the consular posts at which 

14 the pilot service will be available; 

15 ‘‘(B) establish the duration of the pilot 

16 service; 

17 ‘‘(C) define the terms and conditions of the 

18 pilot service, with the goal of expediting visa 

19 appointments and the interview process for 

20 those electing to pay said fee for the service; 

21 and 

22 ‘‘(D) resources permitting, during the pilot 

23 service, consider the addition of consulates in 

24 locations advantageous to foreign policy objec25 tives or in highly populated locales. 

26 ‘‘(2) FEES.— 


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1 ‘‘(A) AUTHORITY TO COLLECT.—The Sec2 retary of State is authorized to collect, and set 

3 the amount of, a fee imposed for the premium 

4 processing service. The Secretary of State shall 

5 set the fee based on all relevant considerations 

6 including, the cost of expedited service. 

7 ‘‘(B) USE OF FEES.—Fees collected under 

8 the authority of subparagraph (A) shall be de9 posited as an offsetting collection to any De10 partment of State appropriation, to recover the 

11 costs of providing consular services. Such fees 

12 shall remain available for obligation until ex13 pended. 

14 ‘‘(C) RELATIONSHIP TO OTHER FEES.— 

15 Such fee is in addition to any existing fee cur16 rently being collected by the Department of 

17 State. 

18 ‘‘(D) NONREFUNDABLE.—Such fee will be 

19 nonrefundable to the applicant. 

20 ‘‘(3) DESCRIPTION OF PREMIUM PROC21 ESSING.—Premium processing pertains solely to the 

22 expedited scheduling of a visa interview. Utilizing 

23 the premium processing service for an expedited 

24 interview appointment does not establish the appli25 cant’s eligibility for a visa. The Secretary of State 


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1 shall, if possible, inform applicants utilizing the pre2 mium processing of potential delays in visa issuance 

3 due to additional screening requirements, including 

4 necessary security-related checks and clearances. 

5 ‘‘(4) REPORT TO CONGRESS.— 

6 ‘‘(A) REQUIREMENT FOR REPORT.—Not 

7 later than 18 months after the date of the en8 actment of the JOLT Act of 2013, the Sec9 retary of State shall submit to the appropriate 

10 committees of Congress a report on the results 

11 of the pilot service carried out under this sec12 tion. 

13 ‘‘(B) APPROPRIATE COMMITTEES OF CON14 GRESS DEFINED.—In this paragraph, the term 

15 ‘appropriate committees of Congress’ means— 

16 ‘‘(i) the Committee on the Judiciary, 

17 the Committee on Foreign Relations, and 

18 the Committee on Appropriations of the 

19 Senate; and 

20 ‘‘(ii) the Committee on the Judiciary, 

21 the Committee on Foreign Affairs, and the 

22 Committee on Appropriations of the House 

23 of Representatives.’’. 


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1 SEC. 4503. ENCOURAGING CANADIAN TOURISM TO THE 

2 UNITED STATES. 

3 Section 214 (8 U.S.C. 1184), as amended by sections 

4 3609, 4233, and 4405, is further amended by adding at 

5 the end the following: 

6 ‘‘(v) CANADIAN RETIREES.— 

7 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

8 Security may admit as a visitor for pleasure as de9 scribed in section 101(a)(15)(B) any alien for a pe10 riod not to exceed 240 days, if the alien dem11 onstrates, to the satisfaction of the Secretary, that 

12 the alien— 

13 ‘‘(A) is a citizen of Canada; 

14 ‘‘(B) is at least 55 years of age; 

15 ‘‘(C) maintains a residence in Canada; 

16 ‘‘(D) owns a residence in the United States 

17 or has signed a rental agreement for accom18 modations in the United States for the duration 

19 of the alien’s stay in the United States; 

20 ‘‘(E) is not inadmissible under section 212; 

21 ‘‘(F) is not described in any ground of de22 portability under section 237; 

23 ‘‘(G) will not engage in employment or 

24 labor for hire in the United States; and 

25 ‘‘(H) will not seek any form of assistance 

26 or benefit described in section 403(a) of the 


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1 Personal Responsibility and Work Opportunity 

2 Reconciliation Act of 1996 (8 U.S.C. 1613(a)). 

3 ‘‘(2) SPOUSE.—The spouse of an alien de4 scribed in paragraph (1) may be admitted under the 

5 same terms as the principal alien if the spouse satis6 fies the requirements of paragraph (1), other than 

7 subparagraphs (B) and (D). 

8 ‘‘(3) IMMIGRANT INTENT.—In determining eli9 gibility for admission under this subsection, mainte10 nance of a residence in the United States shall not 

11 be considered evidence of intent by the alien to 

12 abandon the alien’s residence in Canada. 

13 ‘‘(4) PERIOD OF ADMISSION.—During any sin14 gle 365-day period, an alien may be admitted as de15 scribed in section 101(a)(15)(B) pursuant to this 

16 subsection for a period not to exceed 240 days, be17 ginning on the date of admission. Unless an exten18 sion is approved by the Secretary, periods of time 

19 spent outside the United States during such 240-day 

20 period shall not toll the expiration of such 240-day 

21 period.’’. 

22 SEC. 4504. RETIREE VISA. 

23 (a) NONIMMIGRANT STATUS.—Section 101(a)(15), 

24 as amended, is further amended by inserting after sub25 paragraph (X) the following: 


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1 ‘‘(Y) subject to section 214(w), an alien 

2 who, after the date of the enactment of the 

3 JOLT Act of 2013— 

4 ‘‘(i)(I) uses at least $500,000 in cash 

5 to purchase 1 or more residences in the 

6 United States, which each sold for more 

7 than 100 percent of the most recent ap8 praised value of such residence, as deter9 mined by the property assessor in the city 

10 or county in which the residence is located; 

11 ‘‘(II) maintains ownership of residen12 tial property in the United States worth at 

13 least $500,000 during the entire period the 

14 alien remains in the United States as a 

15 nonimmigrant described in this subpara16 graph; and 

17 ‘‘(III) resides for more than 180 days 

18 per year in a residence in the United 

19 States that is worth at least $250,000; and 

20 ‘‘(ii) the alien spouse and children of 

21 the alien described in clause (i) if accom22 panying or following to join the alien.’’. 

23 (b) VISA APPLICATION PROCEDURES.—Section 214 

24 (8 U.S.C. 1184), as amended by sections 3609, 4233, 


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1 4405, and 4503, is further amended by adding at the end 

2 the following: 

3 ‘‘(w) VISAS OF NONIMMIGRANTS DESCRIBED IN SEC4 TION 101(a)(15)(Y).— 

5 ‘‘(1) The Secretary of Homeland Security shall 

6 authorize the issuance of a nonimmigrant visa to 

7 any alien described in section 101(a)(15)(Y) who 

8 submits a petition to the Secretary that— 

9 ‘‘(A) demonstrates, to the satisfaction of 

10 the Secretary, that the alien— 

11 ‘‘(i) has purchased a residence in the 

12 United States that meets the criteria set 

13 forth in section 101(a)(15)(Y)(i); 

14 ‘‘(ii) is at least 55 years of age; 

15 ‘‘(iii) possesses health insurance cov16 erage; 

17 ‘‘(iv) is not inadmissible under section 

18 212; and 

19 ‘‘(v) will comply with the terms set 

20 forth in paragraph (2); and 

21 ‘‘(B) includes payment of a fee in an 

22 amount equal to $1,000. 

23 ‘‘(2) An alien who is issued a visa under this 

24 subsection— 


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1 ‘‘(A) shall reside in the United States at a 

2 residence that meets the criteria set forth in 

3 section 101(a)(15)(Y)(i) for more than 180 

4 days per year; 

5 ‘‘(B) is not authorized to engage in em6 ployment in the United States, except for em7 ployment that is directly related to the manage8 ment of the residential property described in 

9 section 101(Y)(i)(II); 

10 ‘‘(C) is not eligible for any form of assist11 ance or benefit described in section 403(a) of 

12 the Personal Responsibility and Work Oppor13 tunity Reconciliation Act of 1996 (8 U.S.C. 

14 1613(a)); and 

15 ‘‘(D) may renew such visa every 3 years 

16 under the same terms and conditions.’’. 

17 (c) USE OF FEE.—Fees collected under section 

18 214(w)(1)(B) of the Immigration and Nationality Act, as 

19 added by subsection (b), shall be deposited in the Com20 prehensive Immigration Reform Trust Fund established 

21 under section 6(a)(1). 


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1 SEC. 4505. INCENTIVES FOR FOREIGN VISITORS VISITING 

2 THE UNITED STATES DURING LOW PEAK SEA3 SONS. 

4 The Secretary of State shall make publically avail5 able, on a monthly basis, historical data, for the previous 

6 2 years, regarding the availability of visa appointments for 

7 each visa processing post, to allow applicants to identify 

8 periods of low demand, when wait times tend to be lower. 

9 SEC. 4506. VISA WAIVER PROGRAM ENHANCED SECURITY 

10 AND REFORM. 

11 (a) DEFINITIONS.—Section 217(c)(1) (8 U.S.C. 

12 1187(c)(1)) is amended to read as follows: 

13 ‘‘(1) AUTHORITY TO DESIGNATE; DEFINI14 TIONS.— 

15 ‘‘(A) AUTHORITY TO DESIGNATE.—The 

16 Secretary of Homeland Security, in consultation 

17 with the Secretary of State, may designate any 

18 country as a program country if that country 

19 meets the requirements under paragraph (2). 

20 ‘‘(B) DEFINITIONS.—In this subsection: 

21 ‘‘(i) APPROPRIATE CONGRESSIONAL

22 COMMITTEES.—The term ‘appropriate con23 gressional committees’ means— 

24 ‘‘(I) the Committee on Foreign 

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1 fairs, and the Committee on the Judi2 ciary of the Senate; and 

3 ‘‘(II) the Committee on Foreign 

4 Affairs, the Committee on Homeland 

5 Security, and the Committee on the 

6 Judiciary of the House of Representa7 tives. 

8 ‘‘(ii) OVERSTAY RATE.— 

9 ‘‘(I) INITIAL DESIGNATION.—The 

10 term ‘overstay rate’ means, with re11 spect to a country being considered 

12 for designation in the program, the 

13 ratio of— 

14 ‘‘(aa) the number of nation15 als of that country who were ad16 mitted to the United States on 

17 the basis of a nonimmigrant visa 

18 under section 101(a)(15)(B) 

19 whose periods of authorized stay 

20 ended during a fiscal year but 

21 who remained unlawfully in the 

22 United States beyond such peri23 ods; to 

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1 mitted to the United States on 

2 the basis of a nonimmigrant visa 

3 under section 101(a)(15)(B) 

4 whose periods of authorized stay 

5 ended during that fiscal year. 

6 ‘‘(II) CONTINUING DESIGNA7 TION.—The term ‘overstay rate’ 

8 means, for each fiscal year after ini9 tial designation under this section 

10 with respect to a country, the ratio 

11 of— 

12 ‘‘(aa) the number of nation13 als of that country who were ad14 mitted to the United States 

15 under this section or on the basis 

16 of a nonimmigrant visa under 

17 section 101(a)(15)(B) whose pe18 riods of authorized stay ended 

19 during a fiscal year but who re20 mained unlawfully in the United 

21 States beyond such periods; to 

22 ‘‘(bb) the number of nation23 als of that country who were ad24 mitted to the United States 

25 under this section or on the basis 


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1 of a nonimmigrant visa under 

2 section 101(a)(15)(B) whose pe3 riods of authorized stay ended 

4 during that fiscal year. 

5 ‘‘(III) COMPUTATION OF OVER6 STAY RATE.—In determining the over7 stay rate for a country, the Secretary 

8 of Homeland Security may utilize in9 formation from any available data10 bases to ensure the accuracy of such 

11 rate. 

12 ‘‘(iii) PROGRAM COUNTRY.—The term 

13 ‘program country’ means a country des14 ignated as a program country under sub15 paragraph (A).’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

17 Section 217 (8 U.S.C. 1187) is amended— 

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

19 the term appears (except in subsection (c)(11)(B)) 

20 and inserting ‘‘Secretary of Homeland Security’’; 

21 and 

22 (2) in subsection (c)— 

23 (A) in paragraph (2)(C)(iii), by striking 

24 ‘‘Committee on the Judiciary and the Com25 mittee on International Relations of the House 


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1 of Representatives and the Committee on the 

2 Judiciary and the Committee on Foreign Rela3 tions of the Senate’’ and inserting ‘‘appropriate 

4 congressional committees’’; 

5 (B) in paragraph (5)(A)(i)(III), by striking 

6 ‘‘Committee on the Judiciary, the Committee on 

7 Foreign Affairs, and the Committee on Home8 land Security, of the House of Representatives 

9 and the Committee on the Judiciary, the Com10 mittee on Foreign Relations, and the Com11 mittee on Homeland Security and Govern12 mental Affairs of the Senate’’ and inserting 

13 ‘‘appropriate congressional committees’’; and 

14 (C) in paragraph (7), by striking subpara15 graph (E). 

16 (c) DESIGNATION OF PROGRAM COUNTRIES BASED

17 ON OVERSTAY RATES.— 

18 (1) IN GENERAL.—Section 217(c)(2)(A) (8 

19 U.S.C. 1187(c)(2)(A)) is amended to read as fol20 lows: 

21 ‘‘(A) GENERAL NUMERICAL LIMITA22 TIONS.— 

23 ‘‘(i) LOW NONIMMIGRANT VISA RE24 FUSAL RATE.—The percentage of nationals 

25 of that country refused nonimmigrant visas 


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1 under section 101(a)(15)(B) during the 

2 previous full fiscal year was not more than 

3 3 percent of the total number of nationals 

4 of that country who were granted or re5 fused nonimmigrant visas under such sec6 tion during such year. 

7 ‘‘(ii) LOW NONIMMIGRANT OVERSTAY

8 RATE.—The overstay rate for that country 

9 was not more than 3 percent during the 

10 previous fiscal year.’’. 

11 (2) QUALIFICATION CRITERIA.—Section 

12 217(c)(3) (8 U.S.C. 1187(c)(3)) is amended to read 

13 as follows: 

14 ‘‘(3) QUALIFICATION CRITERIA.—After designa15 tion as a program country under section 217(c)(2), 

16 a country may not continue to be designated as a 

17 program country unless the Secretary of Homeland 

18 Security, in consultation with the Secretary of State, 

19 determines, pursuant to the requirements under 

20 paragraph (5), that the designation will be contin21 ued.’’. 

22 (3) INITIAL PERIOD.—Section 217(c) (8 U.S.C. 

23 1187(c)) is amended by striking paragraph (4). 


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1 (4) CONTINUING DESIGNATION.—Section 

2 217(c)(5)(A)(i)(II) (8 U.S.C. 1187(c)(5)(A)(i)(II)) is 

3 amended to read as follows: 

4 ‘‘(II) shall determine, 

5 based upon the evaluation in 

6 subclause (I), whether any 

7 such designation under sub8 section (d) or (f), or proba9 tion under subsection (f), 

10 ought to be continued or ter11 minated;’’. 

12 (5) COMPUTATION OF VISA REFUSAL RATES; 

13 JUDICIAL REVIEW.—Section 217(c)(6) (8 U.S.C. 

14 1187(c)(6)) is amended to read as follows: 

15 ‘‘(6) COMPUTATION OF VISA REFUSAL RATES

16 AND JUDICIAL REVIEW.— 

17 ‘‘(A) COMPUTATION OF VISA REFUSAL

18 RATES.—For purposes of determining the eligi19 bility of a country to be designated as a pro20 gram country, the calculation of visa refusal 

21 rates shall not include any visa refusals which 

22 incorporate any procedures based on, or are 

23 otherwise based on, race, sex, or disability, un24 less otherwise specifically authorized by law or 

25 regulation. 


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1 ‘‘(B) JUDICIAL REVIEW.—No court shall 

2 have jurisdiction under this section to review 

3 any visa refusal, the Secretary of State’s com4 putation of a visa refusal rate, the Secretary of 

5 Homeland Security’s computation of an over6 stay rate, or the designation or nondesignation 

7 of a country as a program country.’’. 

8 (6) VISA WAIVER INFORMATION.—Section 

9 217(c)(7) (8 U.S.C. 1187(c)(7)), as amended by 

10 subsection (b)(2)(C), is further amended— 

11 (A) by striking subparagraphs (B) through 

12 (D); and 

13 (B) by striking ‘‘WAIVER INFORMATION.— 

14 ’’ and all that follows through ‘‘In refusing’’ 

15 and inserting ‘‘WAIVER INFORMATION.—In re16 fusing’’. 

17 (7) WAIVER AUTHORITY.—Section 217(c)(8) (8 

18 U.S.C. 1187(c)(8)) is amended to read as follows: 

19 ‘‘(8) WAIVER AUTHORITY.—The Secretary of 

20 Homeland Security, in consultation with the Sec21 retary of State, may waive the application of para22 graph (2)(A)(i) for a country if— 

23 ‘‘(A) the country meets all other require24 ments of paragraph (2); 


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1 ‘‘(B) the Secretary of Homeland Security 

2 determines that the totality of the country’s se3 curity risk mitigation measures provide assur4 ance that the country’s participation in the pro5 gram would not compromise the law enforce6 ment, security interests, or enforcement of the 

7 immigration laws of the United States; 

8 ‘‘(C) there has been a general downward 

9 trend in the percentage of nationals of the 

10 country refused nonimmigrant visas under sec11 tion 101(a)(15)(B); 

12 ‘‘(D) the country consistently cooperated 

13 with the Government of the United States on 

14 counterterrorism initiatives, information shar15 ing, preventing terrorist travel, and extradition 

16 to the United States of individuals (including 

17 the country’s own nationals) who commit 

18 crimes that violate United States law before the 

19 date of its designation as a program country, 

20 and the Secretary of Homeland Security and 

21 the Secretary of State assess that such coopera22 tion is likely to continue; and 

23 ‘‘(E) the percentage of nationals of the 

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1 cal year was not more than 10 percent of the 

2 total number of nationals of that country who 

3 were granted or refused such nonimmigrant 

4 visas.’’. 

5 (d) TERMINATION OF DESIGNATION; PROBATION.— 

6 Section 217(f) (8 U.S.C. 1187(f)) is amended to read as 

7 follows: 

8 ‘‘(f) TERMINATION OF DESIGNATION; PROBATION.— 

9 ‘‘(1) DEFINITIONS.—In this subsection: 

10 ‘‘(A) PROBATIONARY PERIOD.—The term 

11 ‘probationary period’ means the fiscal year in 

12 which a probationary country is placed in pro13 bationary status under this subsection. 

14 ‘‘(B) PROGRAM COUNTRY.—The term ‘pro15 gram country’ has the meaning given that term 

16 in subsection (c)(1)(B). 

17 ‘‘(2) DETERMINATION, NOTICE, AND INITIAL

18 PROBATIONARY PERIOD.— 

19 ‘‘(A) DETERMINATION OF PROBATIONARY

20 STATUS AND NOTICE OF NONCOMPLIANCE.—As 

21 part of each program country’s periodic evalua22 tion required by subsection (c)(5)(A), the Sec23 retary of Homeland Security shall determine 

24 whether a program country is in compliance 


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1 with the program requirements under subpara2 graphs (A)(ii) through (F) of subsection (c)(2). 

3 ‘‘(B) INITIAL PROBATIONARY PERIOD.—If 

4 the Secretary of Homeland Security determines 

5 that a program country is not in compliance 

6 with the program requirements under subpara7 graphs (A)(ii) through (F) of subsection (c)(2), 

8 the Secretary of Homeland Security shall place 

9 the program country in probationary status for 

10 the fiscal year following the fiscal year in which 

11 the periodic evaluation is completed. 

12 ‘‘(3) ACTIONS AT THE END OF THE INITIAL

13 PROBATIONARY PERIOD.—At the end of the initial 

14 probationary period of a country under paragraph 

15 (2)(B), the Secretary of Homeland Security shall 

16 take 1 of the following actions: 

17 ‘‘(A) COMPLIANCE DURING INITIAL PROBA18 TIONARY PERIOD.—If the Secretary determines 

19 that all instances of noncompliance with the 

20 program requirements under subparagraphs 

21 (A)(ii) through (F) of subsection (c)(2) that 

22 were identified in the latest periodic evaluation 

23 have been remedied by the end of the initial 

24 probationary period, the Secretary shall end the 

25 country’s probationary period. 


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1 ‘‘(B) NONCOMPLIANCE DURING INITIAL

2 PROBATIONARY PERIOD.—If the Secretary de3 termines that any instance of noncompliance 

4 with the program requirements under subpara5 graphs (A)(ii) through (F) of subsection (c)(2) 

6 that were identified in the latest periodic eval7 uation has not been remedied by the end of the 

8 initial probationary period— 

9 ‘‘(i) the Secretary may terminate the 

10 country’s participation in the program; or 

11 ‘‘(ii) on an annual basis, the Secretary 

12 may continue the country’s probationary 

13 status if the Secretary, in consultation 

14 with the Secretary of State, determines 

15 that the country’s continued participation 

16 in the program is in the national interest 

17 of the United States. 

18 ‘‘(4) ACTIONS AT THE END OF ADDITIONAL

19 PROBATIONARY PERIODS.—At the end of all proba20 tionary periods granted to a country pursuant to 

21 paragraph (3)(B)(ii), the Secretary shall take 1 of 

22 the following actions: 

23 ‘‘(A) COMPLIANCE DURING ADDITIONAL

24 PERIOD.—The Secretary shall end the country’s 

25 probationary status if the Secretary determines 


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1 during the latest periodic evaluation required by 

2 subsection (c)(5)(A) that the country is in com3 pliance with the program requirements under 

4 subparagraphs (A)(ii) through (F) of subsection 

5 (c)(2). 

6 ‘‘(B) NONCOMPLIANCE DURING ADDI7 TIONAL PERIODS.—The Secretary shall termi8 nate the country’s participation in the program 

9 if the Secretary determines during the latest 

10 periodic evaluation required by subsection 

11 (c)(5)(A) that the program country continues to 

12 be in noncompliance with the program require13 ments under subparagraphs (A)(ii) through (F) 

14 of subsection (c)(2). 

15 ‘‘(5) EFFECTIVE DATE.—The termination of a 

16 country’s participation in the program under para17 graph (3)(B) or (4)(B) shall take effect on the first 

18 day of the first fiscal year following the fiscal year 

19 in which the Secretary determines that such partici20 pation shall be terminated. Until such date, nation21 als of the country shall remain eligible for a waiver 

22 under subsection (a). 

23 ‘‘(6) TREATMENT OF NATIONALS AFTER TERMI24 NATION.—For purposes of this subsection and sub25 section (d)— 


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1 ‘‘(A) nationals of a country whose designa2 tion is terminated under paragraph (3) or (4) 

3 shall remain eligible for a waiver under sub4 section (a) until the effective date of such ter5 mination; and 

6 ‘‘(B) a waiver under this section that is 

7 provided to such a national for a period de8 scribed in subsection (a)(1) shall not, by such 

9 termination, be deemed to have been rescinded 

10 or otherwise rendered invalid, if the waiver is 

11 granted prior to such termination. 

12 ‘‘(7) CONSULTATIVE ROLE OF THE SECRETARY

13 OF STATE.—In this subsection, references to sub14 paragraphs (A)(ii) through (F) of subsection (c)(2) 

15 and subsection (c)(5)(A) carry with them the con16 sultative role of the Secretary of State as provided 

17 in those provisions.’’. 

18 (e) REVIEW OF OVERSTAY TRACKING METHOD19 OLOGY.—Not later than 180 days after the date of the 

20 enactment of this Act, the Comptroller General of the 

21 United States shall conduct a review of the methods used 

22 by the Secretary— 

23 (1) to track aliens entering and exiting the 

24 United States; and 


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1 (2) to detect any such alien who stays longer 

2 than such alien’s period of authorized admission. 

3 (f) EVALUATION OF ELECTRONIC SYSTEM FOR

4 TRAVEL AUTHORIZATION.—Not later than 90 days after 

5 the date of the enactment of this Act, the Secretary shall 

6 submit to Congress— 

7 (1) an evaluation of the security risks of aliens 

8 who enter the United States without an approved 

9 Electronic System for Travel Authorization 

10 verification; and 

11 (2) a description of any improvements needed 

12 to minimize the number of aliens who enter the 

13 United States without the verification described in 

14 paragraph (1). 

15 (g) SENSE OF CONGRESS ON PRIORITY FOR REVIEW

16 OF PROGRAM COUNTRIES.—It is the sense of Congress 

17 that the Secretary, in the process of conducting evalua18 tions of countries participating in the visa waiver program 

19 under section 217 of the Immigration and Nationality Act 

20 (8 U.S.C. 1187), should prioritize the reviews of countries 

21 in which circumstances indicate that such a review is nec22 essary or desirable. 

23 (h) ELIGIBILITY OF HONG KONG SPECIAL ADMINIS24 TRATIVE REGION FOR DESIGNATION FOR PARTICIPATION

25 IN VISA WAIVER PROGRAM FOR CERTAIN VISITORS TO


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1 THE UNITED STATES.—Section 217(c) (8 U.S.C. 

2 1187(c)) is amended by adding at the end the following 

3 new paragraph: 

4 ‘‘(12) ELIGIBILITY OF CERTAIN REGION FOR

5 DESIGNATION AS PROGRAM COUNTRY.—The Hong 

6 Kong Special Administrative Region of the People’s 

7 Republic of China— 

8 ‘‘(A) shall be eligible for designation as a 

9 program country for purposes of this sub10 section; and 

11 ‘‘(B) may be designated as a program 

12 country for purposes of this subsection if such 

13 region meets requirements applicable for such 

14 designation in this subsection.’’. 

15 SEC. 4507. EXPEDITING ENTRY FOR PRIORITY VISITORS. 

16 Section 7208(k)(4) of the Intelligence Reform and 

17 Terrorism Prevention Act of 2004 (8 U.S.C. 1365b(k)(4)) 

18 is amended to read as follows: 

19 ‘‘(4) EXPEDITING ENTRY FOR PRIORITY VISI20 TORS.— 

21 ‘‘(A) IN GENERAL.—The Secretary of 

22 Homeland Security may expand the enrollment 

23 across registered traveler programs to include 

24 eligible individuals employed by international 

25 organizations, selected by the Secretary, which 


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1 maintain strong working relationships with the 

2 United States. 

3 ‘‘(B) REQUIREMENTS.—An individual may 

4 not be enrolled in a registered traveler program 

5 unless— 

6 ‘‘(i) the individual is sponsored by an 

7 international organization selected by the 

8 Secretary under subparagraph (A); and 

9 ‘‘(ii) the government that issued the 

10 passport that the individual is using has 

11 entered into a Trusted Traveler Arrange12 ment with the Department of Homeland 

13 Security to participate in a registered trav14 eler program. 

15 ‘‘(C) SECURITY REQUIREMENTS.—An indi16 vidual may not be enrolled in a registered trav17 eler program unless the individual has success18 fully completed all applicable security require19 ments established by the Secretary, including 

20 cooperation from the applicable foreign govern21 ment, to ensure that the individual does not 

22 pose a risk to the United States. 

23 ‘‘(D) DISCRETION.—Except as provided in 

24 subparagraph (E), the Secretary shall retain 

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1 rollment in a registered traveler program to any 

2 individual. 

3 ‘‘(E) INELIGIBLE TRAVELERS.—An indi4 vidual who is a citizen of a state sponsor of ter5 rorism (as defined in section 301(13) of the 

6 Comprehensive Iran Sanctions, Accountability, 

7 and Divestment Act of 2010 (22 U.S.C. 

8 8541(13)) may not be enrolled in a registered 

9 traveler program.’’. 

10 SEC. 4508. VISA PROCESSING. 

11 (a) IN GENERAL.—Notwithstanding any other provi12 sion of law and not later than 90 days after the date of 

13 the enactment of this Act, the Secretary of State shall— 

14 (1) require United States diplomatic and con15 sular missions— 

16 (A) to conduct visa interviews for non17 immigrant visa applications determined to re18 quire a consular interview in an expeditious 

19 manner, consistent with national security re20 quirements, and in recognition of resource allo21 cation considerations, such as the need to en22 sure provision of consular services to citizens of 

23 the United States; 

24 (B) to set a goal of interviewing 80 percent 

25 of all nonimmigrant visa applicants, worldwide, 


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1 within 3 weeks of receipt of application, subject 

2 to the conditions outlined in subparagraph (A); 

3 and 

4 (C) to explore expanding visa processing 

5 capacity in China and Brazil, with the goal of 

6 maintaining interview wait times under 15 work 

7 days on a consistent, year-round basis, recog8 nizing that demand can spike suddenly and un9 predictably and that the first priority of United 

10 States missions abroad is the protection of citi11 zens of the United States; and 

12 (2) submit to the appropriate committees of 

13 Congress a detailed strategic plan that describes the 

14 resources needed to carry out paragraph (1)(A). 

15 (b) APPROPRIATE COMMITTEES OF CONGRESS.—In 

16 this section, the term ‘‘appropriate committees of Con17 gress’’ means— 

18 (1) the Committee on the Judiciary, the Com19 mittee on Foreign Relations, and the Committee on 

20 Appropriations of the Senate; and 

21 (2) the Committee on the Judiciary, the Com22 mittee on Foreign Affairs, and the Committee on 

23 Appropriations of the House of Representatives. 

24 (c) SEMI-ANNUAL REPORT.—Not later than 30 days 

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1 tion of subsection (a), and not later than 30 days after 

2 the end of each subsequent quarter, the Secretary of State 

3 shall submit to the appropriate committees of Congress 

4 a report that provides— 

5 (1) data substantiating the efforts of the Sec6 retary of State to meet the requirements and goals 

7 described in subsection (a); 

8 (2) any factors that have negatively impacted 

9 the efforts of the Secretary to meet such require10 ments and goals; and 

11 (3) any measures that the Secretary plans to 

12 implement to meet such requirements and goals. 

13 (d) SAVINGS PROVISION.— 

14 (1) IN GENERAL.—Nothing in subsection (a) 

15 may be construed to affect a consular officer’s au16 thority— 

17 (A) to deny a visa application under sec18 tion 221(g) of the Immigration and Nationality 

19 Act (8 U.S.C. 1201(g)); or 

20 (B) to initiate any necessary or appro21 priate security-related check or clearance. 

22 (2) SECURITY CHECKS.—The completion of a 

23 security-related check or clearance shall not be sub24 ject to the time limits set out in subsection (a). 


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1 SEC. 4509. B VISA FEE. 

2 Section 281 (8 U.S.C. 1351), as amended by sections 

3 4105, 4407, and 4408, is further amended by adding at 

4 the end the following: 

5 ‘‘(g) B VISA FEE.—In addition to the fees authorized 

6 under subsection (a), the Secretary of Homeland Security 

7 shall collect a $5 fee from each nonimmigrant admitted 

8 under section 101(a)(15)(B). Fees collected under this 

9 subsection shall be deposited into the Comprehensive Im10 migration Reform Trust Fund established under section 

11 6(a)(1) of the Illegal Immigration Reform and Immigrant 

12 Responsibility Act of 1996.’’. 

13 Subtitle F—Reforms to the H–2B 

14 Visa Program 

15 SEC. 4601. EXTENSION OF RETURNING WORKER EXEMP16 TION TO H–2B NUMERICAL LIMITATION. 

17 (a) IN GENERAL.— 

18 (1) IN GENERAL.—Subparagraph (A) of para19 graph (10) of section 214(g) (8 U.S.C. 1184(g)), as 

20 redesignated by section 4101(a)(3), is amended by 

21 striking ‘‘fiscal year 2004, 2005, or 2006 shall not 

22 again be counted toward such limitation during fis23 cal year 2007.’’ and inserting ‘‘fiscal year 2013 shall 

24 not again be counted toward such limitation during 

25 fiscal years 2014 through 2018.’’. 


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1 (2) EFFECTIVE PERIOD.—The amendment 

2 made by paragraph (1) shall be effective during the 

3 period beginning on the effective date described in 

4 subsection (c) and ending on September 30, 2018. 

5 (b) TECHNICAL AND CLARIFYING AMENDMENTS.— 

6 (1) NONIMMIGRANT STATUS.—Section 

7 101(a)(15)(P) (8 U.S.C. 1101(a)(15)(P)) is amend8 ed— 

9 (A) in clause (iii), by striking ‘‘or’’ at the 

10 end; 

11 (B) in clause (iv), by striking ‘‘clause (i), 

12 (ii), or (iii),’’ and inserting ‘‘clause (i), (ii), (iii), 

13 or (iv)’’; 

14 (C) by redesignating clause (iv) as clause 

15 (v); and 

16 (D) by inserting after clause (iii) the fol17 lowing: 

18 ‘‘(iv) is a ski instructor, who has been 

19 certified as a level I, II, or III ski and 

20 snowboard instructor by the Professional 

21 Ski Instructors of America or the Amer22 ican Association of Snowboard Instructors, 

23 or received an equivalent certification in 

24 the alien’s country of origin, and is seeking 


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1 to enter the United States temporarily to 

2 perform instructing services; or’’. 

3 (2) AUTHORIZED PERIOD OF STAY; NUMERICAL

4 LIMITATION.—Section 214(a)(2)(B) (8 U.S.C. 

5 1184(a)(2)(B)) is amended in the second sentence— 

6 (A) by inserting ‘‘or ski instructors’’ after 

7 ‘‘athletes’’; and 

8 (B) by inserting ‘‘or ski instructor’’ after 

9 ‘‘athlete’’. 

10 (3) CONSTRUCTION.—Nothing in the amend11 ments made by this subsection may be construed as 

12 preventing an alien who is a ski instructor from ob13 taining nonimmigrant status under section 

14 101(a)(15)(H)(ii)(b) of the Immigration and Nation15 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) if such 

16 alien is otherwise qualified for such status. 

17 (c) EFFECTIVE DATE.—The amendment made by 

18 subsection (a) shall take effect as if enacted on January 

19 1, 2013. 

20 SEC. 4602. OTHER REQUIREMENTS FOR H–2B EMPLOYERS. 

21 Section 214 (8 U.S.C. 1184), as amended by sections 

22 3609, 4233, 4405, 4503, and 4504, is further amended 

23 by adding at the end the following: 

24 ‘‘(x) REQUIREMENTS FOR H–2B EMPLOYERS.— 


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1 ‘‘(1) H–2B NONIMMIGRANT DEFINED.—In this 

2 subsection the term ‘H–2B nonimmigrant’ means an 

3 alien admitted to the United States pursuant to sec4 tion 101(a)(15)(H)(ii)(B). 

5 ‘‘(2) NON-DISPLACEMENT OF UNITED STATES

6 WORKERS.—An employer who seeks to employ an 

7 H–2B nonimmigrant admitted in an occupational 

8 classification shall certify and attest that the em9 ployer did not displace and will not displace a 

10 United States worker employed by the employer in 

11 the same metropolitan statistical area where such 

12 nonimmigrant will be hired within the period begin13 ning 90 days before the start date and ending on the 

14 end date for which the employer is seeking the serv15 ices of such nonimmigrant as specified on an appli16 cation for labor certification under this Act. 

17 ‘‘(3) TRANSPORTATION COSTS.—The employer 

18 shall pay the transportation costs, including reason19 able subsistence costs during the period of travel, for 

20 an H–2B nonimmigrant hired by the employer— 

21 ‘‘(A) from the place of recruitment to the 

22 place of such nonimmigrant’s employment; and 

23 ‘‘(B) from the place of employment to such 

24 nonimmigrant’s place of permanent residence or 

25 a subsequent worksite. 


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1 ‘‘(4) PAYMENT OF FEES.—A fee related to the 

2 hiring of an H–2B nonimmigrant required to be 

3 paid by an employer under this Act shall be paid by 

4 the employer and may not be deducted from the 

5 wages or other compensation paid to an H–2B non6 immigrant. 

7 ‘‘(5) H–2B NONIMMIGRANT LABOR CERTIFI8 CATION APPLICATION FEE.— 

9 ‘‘(A) IN GENERAL.—To recover costs of 

10 carrying out labor certification activities under 

11 the H–2B program, the Secretary of Labor 

12 shall impose a $500 fee on an employer that 

13 submits an application for an employment cer14 tification for aliens granted H–2B non15 immigrant status to the Secretary of Labor 

16 under this subparagraph on or after the date 

17 that is 30 days after the date of the enactment 

18 of the Illegal Immigration Reform and Immi19 grant Responsibility Act of 1996.’’. 

20 ‘‘(B) USE OF FEES.—The fees collected 

21 under subparagraph (A) shall be deposited in 

22 the Comprehensive Immigration Reform Trust 

23 Fund established under section 6 of the Illegal 

24 Immigration Reform and Immigrant Responsi25 bility Act of 1996.’’. 


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1 SEC. 4603. EXECUTIVES AND MANAGERS. 

2 Section 214(a)(1) (8 U.S.C. 1184(a)(1)) is amended 

3 by adding at the end the following: ‘‘Aliens admitted under 

4 section 101(a)(15) should include— 

5 ‘‘(A) executives and managers employed by a 

6 firm or corporation or other legal entity or an affil7 iate or subsidiary thereof who are principally sta8 tioned abroad and who seek to enter the United 

9 States for periods of 90 days or less to oversee and 

10 observe the United States operations of their related 

11 companies, and establish strategic objectives when 

12 needed; or 

13 ‘‘(B) employees of multinational corporations 

14 who enter the United States to observe the oper15 ations of a related United States company and par16 ticipate in select leadership and development train17 ing activities, whether or not the activity is part of 

18 a formal or classroom training program for a period 

19 not to exceed 180 days. 

20 Nonimmigrant aliens admitted pursuant to section 

21 101(a)(15) and engaged in the activities described in 

22 the subparagraph (A) or (B) may not receive a sal23 ary from a United States source, except for inci24 dental expenses for meals, travel, lodging and other 

25 basic services.’’. 


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1 SEC. 4604. HONORARIA. 

2 Section 212(q) (8 U.S.C. 1182(q)) is amended to 

3 read as follows: 

4 ‘‘(q)(1) Any alien admitted under section 

5 101(a)(15)(B) may accept an honorarium payment and 

6 associated incidental expenses, for a usual academic activ7 ity or activities (lasting not longer than 9 days at any sin8 gle institution), as defined by the Attorney General in con9 sultation with the Secretary of Education, or for a per10 formance, appearance and participation in United States 

11 based programming, including scripted or unscripted pro12 gramming (with services not rendered for more than 60 

13 days in a 6 month period) if the alien has received a letter 

14 of invitation from the institution, organization, or media 

15 outlet, such payment is offered by an institution, organiza16 tion, or media outlet described in paragraph (2) and is 

17 made for services conducted for the benefit of that institu18 tion, entity or media outlet and if the alien has not accept19 ed such payment or expenses from more than 5 institu20 tions, organizations, or media outlets in the previous 6- 

21 month period. Any alien who is admitted under section 

22 101(a)(15)(B) or any other valid visa may perform serv23 ices under this section without reentering the United 

24 States and without a letter of invitation, if the alien does 

25 not receive any remuneration including an honorarium 


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1 payment or incidental expenses, but may receive prize 

2 money. 

3 ‘‘(2) An institution, organization, or media outlet de4 scribed in this paragraph— 

5 ‘‘(A) an institution of higher education (as de6 fined in section 101(a) of the Higher Education Act 

7 of 1965 (20 U.S.C. 1001(a))) or a related or affili8 ated nonprofit entity; 

9 ‘‘(B) a nonprofit research organization or a 

10 governmental research organization; and 

11 ‘‘(C) a broadcast network, cable entity, produc12 tion company, new media, internet and mobile based 

13 companies, who create or distribute programming 

14 content.’’. 

15 SEC. 4605. NONIMMIGRANTS PARTICIPATING IN RELIEF OP16 ERATIONS. 

17 Section 214 (8 U.S.C. 1184), as amended by sections 

18 3609, 4233, 4405, 4503, 4504, and 4602, is further 

19 amended by adding at the end following: 

20 ‘‘(y) NONIMMIGRANTS PARTICIPATING IN RELIEF

21 OPERATIONS.— 

22 ‘‘(1) IN GENERAL.—An alien coming individ23 ually, or aliens coming as a group, to participate in 

24 relief operations, including critical infrastructure re25 pairs or improvements, needed in response to a FedVerDate Mar 15 2010 19:31 Jul 09, 2013 Jkt 029200 PO 00000 Frm 01043 Fmt 6652 Sfmt 6201 E:\BILLS\S744.PAP S744

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1 eral or State declared emergency or disaster, may be 

2 admitted to the United States pursuant to section 

3 101(a)(15)(B) for a period of not more than 90 days 

4 if each such alien has been employed in a foreign 

5 country by 1 employer for not less than 1 year prior 

6 to the date the alien is so admitted. 

7 ‘‘(2) PROHIBITION ON DIRECT PAYMENTS FROM

8 A UNITED STATES SOURCE.—During a period of ad9 mission pursuant to paragraph (1), an alien may not 

10 receive direct payments from a United States source, 

11 except for incidental expenses for meals, travel, lodg12 ing, and other basic services.’’. 

13 SEC. 4606. NONIMMIGRANTS PERFORMING MAINTENANCE 

14 ON COMMON CARRIERS. 

15 Section 214 (8 U.S.C. 1184), as amended by sections 

16 3609, 4233, 4405, 4503, 4504, 4602, and 4603, is further 

17 amended by adding at the end following: 

18 ‘‘(z) NONIMMIGRANTS PERFORMING MAINTENANCE

19 ON COMMON CARRIER.— 

20 ‘‘(1) IN GENERAL.—An alien coming individ21 ually, or aliens coming as a group, who possess spe22 cialized knowledge to perform maintenance or re23 pairs for common carriers, including to airlines, 

24 cruise lines, and railways, if such maintenance or re25 pairs are occurring to equipment or machinery manVerDate Mar 15 2010 19:31 Jul 09, 2013 Jkt 029200 PO 00000 Frm 01044 Fmt 6652 Sfmt 6201 E:\BILLS\S744.PAP S744

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1 ufactured outside of the United States and are need2 ed for purposes relating to life, health, and safety, 

3 may be admitted to the United States pursuant to 

4 section 101(a)(15)(B) for a period of not more than 

5 90 days if each such alien has been employed in a 

6 foreign country by 1 employer for not less than 1 

7 year prior to the date the alien is so admitted. 

8 ‘‘(2) PROHIBITION ON INCOME FROM A UNITED

9 STATES SOURCE.—During a period of admission 

10 pursuant to paragraph (1), an alien may not receive 

11 income from a United States source, except for inci12 dental expenses for meals, travel, lodging, and other 

13 basic services. 

14 ‘‘(3) FEE.— 

15 ‘‘(A) IN GENERAL.—An alien admitted 

16 pursuant to paragraph (1) shall pay a fee of 

17 $500 in addition to any fee assessed to cover 

18 the costs to process an application under this 

19 subsection. 

20 ‘‘(B) USE OF FEE.—The fees collected 

21 under subparagraph (A) shall be deposited in 

22 the Comprehensive Immigration Reform Trust 

23 Fund established under section 6(a)(1) of the 

24 Illegal Immigration Reform and Immigrant Re25 sponsibility Act of 1996.’’. 


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1 SEC. 4607. AMERICAN JOBS IN AMERICAN FORESTS. 

2 (a) SHORT TITLE.—This section may be cited as the 

3 ‘‘American Jobs in American Forests Act of 2013’’. 

4 (b) DEFINITIONS.—In this section: 

5 (1) FORESTRY.—The term ‘‘forestry’’ means— 

6 (A) propagating, protecting, and managing 

7 forest tracts; 

8 (B) felling trees and cutting them into 

9 logs; 

10 (C) using hand tools or operating heavy 

11 powered equipment to perform activities such as 

12 preparing sites for planting, tending crop trees, 

13 reducing competing vegetation, moving logs, pil14 ing brush, and yarding and trucking logs from 

15 the forest; and 

16 (D) planting seedlings and trees. 

17 (2) H–2B NONIMMIGRANT.—The term ‘‘H–2B 

18 nonimmigrant’’ means a nonimmigrant described in 

19 section 101(a)(15)(H)(ii)(b) of the Immigration and 

20 Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)). 

21 (3) PROSPECTIVE H–2B EMPLOYER.—The term 

22 ‘‘prospective H–2B employer’’ means a United 

23 States business that is considering employing 1 or 

24 more nonimmigrants described in section 

25 101(a)(15)(H)(ii)(b) of the Immigration and Nation26 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)). 


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1 (4) STATE WORKFORCE AGENCY.—The term 

2 ‘‘State workforce agency’’ means the workforce 

3 agency of the State in which the prospective H–2B 

4 employer intends to employ H–2B nonimmigrants. 

5 (c) DEPARTMENT OF LABOR.— 

6 (1) RECRUITMENT.—As a component of the 

7 labor certification process required before H–2B 

8 nonimmigrants are offered forestry employment in 

9 the United States, the Secretary of Labor shall re10 quire all prospective H–2B employers, before they 

11 submit a petition to hire H–2B nonimmigrants to 

12 work in forestry, to conduct a robust effort to re13 cruit United States workers, including, to the extent 

14 the State workforce agency considers appropriate— 

15 (A) advertising at employment or job16 placement events, such as job fairs; 

17 (B) placing the job opportunity with the 

18 State workforce agency and working with such 

19 agency to identify qualified and available 

20 United States workers; 

21 (C) advertising in appropriate media, in22 cluding local radio stations and commonly used, 

23 reputable Internet job-search sites; and 

24 (D) such other recruitment efforts as the 

25 State workforce agency considers appropriate 


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1 for the sector or positions for which H–2B non2 immigrants would be considered. 

3 (2) SEPARATE CERTIFICATIONS AND PETI4 TIONS.—A prospective H–2B employer shall submit 

5 a separate application for temporary employment 

6 certification and petition for each State in which the 

7 employer plans to employ H–2B nonimmigrants in 

8 forestry for a period of 7 days or longer. The Sec9 retary of Labor shall review each application for 

10 temporary employment certification and decide sepa11 rately whether certification is warranted. 

12 (d) STATE WORKFORCE AGENCIES.—The Secretary 

13 of Labor may not grant a temporary labor certification 

14 to a prospective H–2B employer seeking to employ H–2B 

15 nonimmigrants in forestry until after the Director of the 

16 State workforce agency, in each State in which such work17 ers are sought— 

18 (1) submits a report to the Secretary of Labor 

19 certifying that— 

20 (A) the employer has complied with all re21 cruitment requirements set forth in subsection 

22 (c)(1) and there is legitimate demand for the 

23 employment of H–2B nonimmigrants in each of 

24 those States; or 


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1 (B) the employer has amended the applica2 tion by removing or making appropriate modi3 fications with respect to the States in which the 

4 criteria set forth in subparagraph (A) have not 

5 been met; and 

6 (2) makes a formal determination that nation7 als of the United States are not qualified or avail8 able to fill the employment opportunities offered by 

9 the prospective H–2B employer. 

10 Subtitle G—W Nonimmigrant Visas 

11 SEC. 4701. BUREAU OF IMMIGRATION AND LABOR MARKET 

12 RESEARCH. 

13 (a) DEFINITIONS.—In this section: 

14 (1) BUREAU.—Except as otherwise specifically 

15 provided, the term ‘‘Bureau’’ means the Bureau of 

16 Immigration and Labor Market Research established 

17 under subsection (b). 

18 (2) COMMISSIONER.—The term ‘‘Commis19 sioner’’ means the Commissioner of the Bureau. 

20 (3) CONSTRUCTION OCCUPATION.—The term 

21 ‘‘construction occupation’’ means an occupation clas22 sified by the Bureau of Labor Statistics as being 

23 within the construction industry for the purposes of 

24 publishing the Bureau’s workforce statistics. 


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1 (4) METROPOLITAN STATISTICAL AREA.—The 

2 term ‘‘metropolitan statistical area’’ means a geo3 graphic area designated as a metropolitan statistical 

4 area by the Director of the Office of Management 

5 and Budget. 

6 (5) SHORTAGE OCCUPATION.—The term ‘‘short7 age occupation’’ means an occupation that the Com8 missioner determines is experiencing a shortage of 

9 labor— 

10 (A) throughout the United States; or 

11 (B) in a specific metropolitan statistical 

12 area. 

13 (6) W VISA PROGRAM.—The term ‘‘W Visa Pro14 gram’’ means the program for the admission of non15 immigrant aliens described in subparagraph (W)(i) 

16 of section 101(a)(15) of the Immigration and Na17 tionality Act (8 U.S.C. 1101(a)(15)), as added by 

18 section 4702. 

19 (7) ZONE 1 OCCUPATION.—The term ‘‘zone 1 

20 occupation’’ means an occupation that requires little 

21 or no preparation and is classified as a zone 1 occu22 pation on— 

23 (A) the Occupational Information Network 

24 Database (O*NET) on the date of the enact25 ment of this Act; or 


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1 (B) such Database or a similar successor 

2 database, as designated by the Secretary of 

3 Labor, after the date of the enactment of this 

4 Act. 

5 (8) ZONE 2 OCCUPATION.—The term ‘‘zone 2 

6 occupation’’ means an occupation that requires some 

7 preparation and is classified as a zone 2 occupation 

8 on— 

9 (A) the Occupational Information Network 

10 Database (O*NET) on the date of the enact11 ment of this Act; or 

12 (B) such Database or a similar successor 

13 database, as designated by the Secretary of 

14 Labor, after the date of the enactment of this 

15 Act. 

16 (9) ZONE 3 OCCUPATION.—The term ‘‘zone 3 

17 occupation’’ means an occupation that requires me18 dium preparation and is classified as a zone 3 occu19 pation on— 

20 (A) the Occupational Information Network 

21 Database (O*NET) on the date of the enact22 ment of this Act; or 

23 (B) such Database or a similar successor 

24 database, as designated by the Secretary of 


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1 Labor, after the date of the enactment of this 

2 Act. 

3 (b) ESTABLISHMENT.—There is established a Bureau 

4 of Immigration and Labor Market Research as an inde5 pendent statistical agency within U.S. Citizenship and Im6 migration Services. 

7 (c) COMMISSIONER.—The head of the Bureau of Im8 migration and Labor Market Research is the Commis9 sioner, who shall be appointed by the President, by and 

10 with the advice and consent of the Senate. 

11 (d) DUTIES.—The duties of the Commissioner are 

12 limited to the following: 

13 (1) To devise a methodology subject to publica14 tion in the Federal Register and an opportunity for 

15 public comment regarding the calculation for the 

16 index referred to in section 220(g)(2)(C) of the Im17 migration and Nationality Act, as added by section 

18 4703. 

19 (2) To determine and to publish in the Federal 

20 Register the annual change to the numerical limita21 tion for nonimmigrant aliens described in subpara22 graph (W)(i) of section 101(a)(15) of the Immigra23 tion and Nationality Act (8 U.S.C. 1101(a)(15)), as 

24 added by section 4702. 


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1 (3) With respect to the W Visa Program, to 

2 supplement the recruitment methods employers may 

3 use to attract United States workers and current 

4 nonimmigrant aliens described in paragraph (2). 

5 (4) With respect to the W Visa Program, to de6 vise a methodology subject to publication in the Fed7 eral Register and an opportunity for public comment 

8 to designate shortage occupations in zone 1 occupa9 tions, zone 2 occupations, and zone 3 occupations. 

10 Such methodology must designated Alaskan seafood 

11 processing in zones 1, 2, and 3 as shortage occupa12 tions. 

13 (5) With respect to the W Visa Program, to 

14 designate shortage occupations in any zone 1 occu15 pation, zone 2 occupation, or zone 3 occupation and 

16 publish such occupations in the Federal Register. 

17 Alaskan seafood processing in zones 1, 2, and 3 

18 must be designated as shortage occupations. 

19 (6) With respect to the W Visa Program, to 

20 conduct a survey once every 3 months of the unem21 ployment rate of zone 1 occupations, zone 2 occupa22 tions, or zone 3 occupations that are construction 

23 occupations in each metropolitan statistical area. 

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1 grams in the United States and to make annual rec2 ommendations to improve such programs. 

3 (8) To carry out any functions required to per4 form the duties described in paragraphs (1) through 

5 (7). 

6 (e) DETERMINATION OF CHANGES TO NUMERICAL

7 LIMITATIONS.—The methodology required under sub8 section (d)(1) shall be published in the Federal Register 

9 not later than 18 months after the date of the enactment 

10 of this Act. 

11 (f) DESIGNATION OF SHORTAGE OCCUPATIONS.— 

12 (1) METHODS TO DETERMINE.—The Commis13 sioner shall— 

14 (A) establish the methodology to designate 

15 shortage occupations under subsection (d)(4); 

16 and 

17 (B) publish such methodology in the Fed18 eral Register not later than 18 months after the 

19 date of the enactment of this Act. 

20 (2) PETITION BY EMPLOYER.—The method21 ology established under paragraph (1) shall permit 

22 an employer to petition the Commissioner for a de23 termination that a particular occupation in a par24 ticular metropolitan statistical area is a shortage oc25 cupation. 


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1 (3) REQUIREMENT FOR NOTICE AND COM2 MENT.—The methodology established under para3 graph (1) shall be effective only after publication in 

4 the Federal Register and an opportunity for public 

5 comment. 

6 (g) EMPLOYEE EXPERTISE.—The employees of the 

7 Bureau shall have the expertise necessary to identify labor 

8 shortages in the United States and make recommenda9 tions to the Commissioner on the impact of immigrant and 

10 nonimmigrant aliens on labor markets in the United 

11 States, including expertise in economics, labor markets, 

12 demographics and methods of recruitment of United 

13 States workers. 

14 (h) INTERAGENCY COOPERATION.—At the request of 

15 the Commissioner, the Secretary of Commerce, the Direc16 tor of the Bureau of the Census, the Secretary of Labor, 

17 and the Commissioner of the Bureau of Labor Statistics 

18 shall— 

19 (1) provide data to the Commissioner; 

20 (2) conduct appropriate surveys; and 

21 (3) assist the Commissioner in preparing the 

22 recommendations referred to subsection (d)(5). 

23 (i) BUDGET.— 

24 (1) REPORT.—Not later than 1 year after the 

25 date of the enactment of this Act, the Director of 


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1 U.S. Citizenship and Immigration Services shall sub2 mit to Congress a report of the estimated budget 

3 that the Bureau will need to carry out the duties de4 scribed in subsection (d). 

5 (2) AUDIT.—The Comptroller General of the 

6 United States shall submit to Congress a report that 

7 is an audit of the budget prepared by the Director 

8 under paragraph (1). 

9 (j) FUNDING.— 

10 (1) APPROPRIATION OF FUNDS.—There is here11 by appropriated, out of any money in the Treasury 

12 not otherwise appropriated, $20,000,000 to establish 

13 the Bureau. 

14 (2) USE OF W NONIMMIGRANT FEES.—The 

15 amounts collected for fees under section 

16 220(e)(6)(B) of the Immigration and Nationality 

17 Act, as added by section 4703, shall be used to es18 tablish and fund the Bureau. 

19 (3) OTHER FEES.—The Secretary may establish 

20 other fees for the sole purpose of funding the W 

21 Visa Program, including the Bureau, that are re22 lated to the hiring of alien workers. 


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1 SEC. 4702. NONIMMIGRANT CLASSIFICATION FOR W NON2 IMMIGRANTS. 

3 Section 101(a)(15)(W), as added by section 2211, is 

4 amended by inserting before clause (iii) the following: 

5 ‘‘(i) to perform services or labor for a 

6 registered nonagricultural employer in a 

7 registered position (as those terms are de8 fined in section 220(a)) in accordance with 

9 the requirements under section 220; 

10 ‘‘(ii) to accompany or follow to join 

11 such an alien described in clause (i) as the 

12 spouse or child of such alien;’’. 

13 SEC. 4703. ADMISSION OF W NONIMMIGRANT WORKERS. 

14 (a) IN GENERAL.—Chapter 2 of title II (8 U.S.C. 

15 1181 et seq.) is amended by adding at the end the fol16 lowing: 

17 ‘‘SEC. 220. ADMISSION OF W NONIMMIGRANT WORKERS. 

18 ‘‘(a) DEFINITIONS.—In this section: 

19 ‘‘(1) BUREAU.—The term ‘Bureau’ means the 

20 Bureau of Immigration and Labor Market Research 

21 established by section 4701 of the Illegal Immigra22 tion Reform and Immigrant Responsibility Act of 

23 1996. 

24 ‘‘(2) CERTIFIED ALIEN.—The term ‘certified 

25 alien’ means an alien that the Secretary of State has 

26 certified is eligible to be a W nonimmigrant if the 


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1 alien is hired by a registered employer for a reg2 istered position. 

3 ‘‘(3) COMMISSIONER.—The term ‘Commis4 sioner’ means the Commissioner of the Bureau. 

5 ‘‘(4) CONSTRUCTION OCCUPATION.—The term 

6 ‘construction occupation’ means an occupation de7 fined by the Bureau of Labor Statistics as being 

8 within the construction industry for the purposes of 

9 publishing the Bureau’s workforce statistics. 

10 ‘‘(5) DEPARTMENT.—Except as otherwise pro11 vided, the term ‘Department’ means the Department 

12 of Homeland Security. 

13 ‘‘(6) ELIGIBLE OCCUPATION.—The term ‘eligi14 ble occupation’ means an eligible occupation de15 scribed in subsection (e)(3). 

16 ‘‘(7) EMPLOYER.— 

17 ‘‘(A) IN GENERAL.—The term ‘employer’ 

18 means any person or entity hiring an individual 

19 for employment in the United States. 

20 ‘‘(B) TREATMENT OF SINGLE EM21 PLOYER.—For purposes of determining the 

22 number of employees or United States workers 

23 employed by an employer, a single entity shall 

24 be treated as 1 employer. 


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1 ‘‘(8) EXCLUDED GEOGRAPHIC LOCATION.—The 

2 term ‘excluded geographic location’ means an ex3 cluded geographic location described in subsection 

4 (f). 

5 ‘‘(9) INITIAL W NONIMMIGRANT.—The term 

6 ‘initial W nonimmigrant’ means a certified alien 

7 issued a W nonimmigrant visa by the Secretary of 

8 State pursuant to section 101(a)(15)(W)(i) in order 

9 to seek initial admission to the United States to 

10 commence employment for a registered employer in 

11 a registered position subject to the numerical limit 

12 at section 220(g). 

13 ‘‘(10) METROPOLITAN STATISTICAL AREA.— 

14 The term ‘metropolitan statistical area’ means a ge15 ographic area designated as a metropolitan statis16 tical area by the Director of the Office of Manage17 ment and Budget. 

18 ‘‘(11) REGISTERED EMPLOYER.—The term 

19 ‘registered employer’ means a nonagricultural em20 ployer that the Secretary has designated as a reg21 istered employer under subsection (d). 

22 ‘‘(12) SECRETARY.—Except as otherwise spe23 cifically provided, the term ‘Secretary’ means the 

24 Secretary of Homeland Security. 


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1 ‘‘(13) SINGLE ENTITY.—The term ‘single enti2 ty’ means any group treated as a single employer 

3 under subsection (b), (c), (m), or (o) of section 414 

4 of the Internal Revenue Code of 1986. 

5 ‘‘(14) SHORTAGE OCCUPATION.—The term 

6 ‘shortage occupation’ means a shortage occupation 

7 designated by the Commissioner pursuant to section 

8 4701(d)(4) of the Illegal Immigration Reform and 

9 Immigrant Responsibility Act of 1996. 

10 ‘‘(15) SMALL BUSINESS.—The term ‘small busi11 ness’ means an employer that employs 25 or fewer 

12 full-time equivalent employees. 

13 ‘‘(16) UNITED STATES WORKER.—The term 

14 ‘United States worker’ means an individual who is— 

15 ‘‘(A) employed or seeking employment in 

16 the United States; and 

17 ‘‘(B)(i) a national of the United States; 

18 ‘‘(ii) an alien lawfully admitted for perma19 nent residence; 

20 ‘‘(iii) an alien in Registered Provisional 

21 Immigrant Status; or 

22 ‘‘(iv) any other alien authorized to work in 

23 the United States with no limitation as to the 

24 alien’s employer. 


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1 ‘‘(17) W NONIMMIGRANT.—The term ‘W non2 immigrant’ means an alien admitted as a non3 immigrant pursuant to section 101(a)(15)(W)(i). 

4 ‘‘(18) W NONIMMIGRANT VISA.—The term ‘W 

5 nonimmigrant visa’ means a visa issued to a cer6 tified alien by the Secretary of State pursuant to 

7 section 101(a)(15)(W)(i). 

8 ‘‘(19) W VISA PROGRAM.—The term ‘W Visa 

9 Program’ means the program for the admission of 

10 nonimmigrant aliens described in section 

11 101(a)(15)(W)(i). 

12 ‘‘(20) ZONE 1 OCCUPATION.—The term ‘zone 1 

13 occupation’ means an occupation that requires little 

14 or no preparation and is classified as a zone 1 occu15 pation on— 

16 ‘‘(A) the Occupational Information Net17 work Database (O*NET) on the date of the en18 actment of the Illegal Immigration Reform and 

19 Immigrant Responsibility Act of 1996; or 

20 ‘‘(B) such Database or a similar successor 

21 database, as designated by the Secretary of 

22 Labor, after the date of the enactment of the 

23 Illegal Immigration Reform and Immigrant Re24 sponsibility Act of 1996. 


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1 ‘‘(21) ZONE 2 OCCUPATION.—The term ‘zone 2 

2 occupation’ means an occupation that requires some 

3 preparation and is classified as a zone 2 occupation 

4 on— 

5 ‘‘(A) the Occupational Information Net6 work Database (O*NET) on the date of the en7 actment of the Illegal Immigration Reform and 

8 Immigrant Responsibility Act of 1996; or 

9 ‘‘(B) such Database or a similar successor 

10 database, as designated by the Secretary of 

11 Labor, after the date of the enactment of the 

12 Illegal Immigration Reform and Immigrant Re13 sponsibility Act of 1996. 

14 ‘‘(22) ZONE 3 OCCUPATION.—The term ‘zone 3 

15 occupation’ means an occupation that requires me16 dium preparation and is classified as a zone 3 occu17 pation on— 

18 ‘‘(A) the Occupational Information Net19 work Database (O*NET) on the date of the en20 actment of the Illegal Immigration Reform and 

21 Immigrant Responsibility Act of 1996; or 

22 ‘‘(B) such Database or a similar successor 

23 database, as designated by the Secretary of 

24 Labor, after the date of the enactment of the 


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1 Illegal Immigration Reform and Immigrant Re2 sponsibility Act of 1996. 

3 ‘‘(b) ADMISSION INTO THE UNITED STATES.— 

4 ‘‘(1) W NONIMMIGRANTS.—Subject to this sec5 tion, a certified alien is eligible to be admitted to the 

6 United States as a W nonimmigrant if the alien is 

7 hired by a registered employer for employment in a 

8 registered position in a location that is not an ex9 cluded geographic location. 

10 ‘‘(2) SPOUSE AND MINOR CHILDREN.—The— 

11 ‘‘(A) alien spouse and minor children of a 

12 W nonimmigrant may be admitted to the 

13 United States pursuant to clause (ii) of section 

14 101(a)(15)(W) during the period of the prin15 cipal W nonimmigrant’s admission; and 

16 ‘‘(B) such alien spouse shall be— 

17 ‘‘(i) authorized to engage in employ18 ment in the United States during such pe19 riod of admission; and 

20 ‘‘(ii) provided with an employment au21 thorization document, stamp, or other ap22 propriate work permit. 

23 ‘‘(c) W NONIMMIGRANTS.— 

24 ‘‘(1) CERTIFIED ALIEN.— 


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1 ‘‘(A) APPLICATION.—An alien seeking to 

2 be a W nonimmigrant shall apply to the Sec3 retary of State at a United States embassy or 

4 consulate in a foreign country to be a certified 

5 alien. 

6 ‘‘(B) CRITERIA.—An alien is eligible to be 

7 a certified alien if the alien— 

8 ‘‘(i) is not inadmissible under this 

9 Act; 

10 ‘‘(ii) passes a criminal background 

11 check; 

12 ‘‘(iii) agrees to accept only registered 

13 positions in the United States; and 

14 ‘‘(iv) meets other criteria as estab15 lished by the Secretary. 

16 ‘‘(2) W NONIMMIGRANT STATUS.—Only an alien 

17 that is a certified alien may be admitted to the 

18 United States as a W nonimmigrant. 

19 ‘‘(3) INITIAL EMPLOYMENT.—A W non20 immigrant shall report to such nonimmigrant’s ini21 tial employment in a registered position not later 

22 than 14 days after such nonimmigrant is admitted 

23 to the United States. 

24 ‘‘(4) TERM OF ADMISSION.— 


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1 ‘‘(A) INITIAL TERM.—A certified alien may 

2 be granted W nonimmigrant status for an ini3 tial period of 3 years. 

4 ‘‘(B) RENEWAL.—A W nonimmigrant may 

5 renew his or her status as a W nonimmigrant 

6 for additional 3-year periods. Such a renewal 

7 may be made while the W nonimmigrant is in 

8 the United States and shall not require the 

9 alien to depart the United States. 

10 ‘‘(5) PERIODS OF UNEMPLOYMENT.—A W non11 immigrant— 

12 ‘‘(A) may be unemployed for a period of 

13 not more than 60 consecutive days; and 

14 ‘‘(B) shall depart the United States if such 

15 W nonimmigrant is unable to obtain employ16 ment during such period. 

17 ‘‘(6) TRAVEL.—A W nonimmigrant may travel 

18 outside the United States and be readmitted to the 

19 United States. Such travel may not extend the pe20 riod of authorized admission of such W non21 immigrant. 

22 ‘‘(d) REGISTERED EMPLOYER.— 

23 ‘‘(1) APPLICATION.—An employer seeking to be 

24 a registered employer shall submit an application to 


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1 the Secretary. Each such application shall include 

2 the following: 

3 ‘‘(A) Documentation to establish that the 

4 employer is a bona-fide employer. 

5 ‘‘(B) The employer’s Federal tax identi6 fication number or employer identification num7 ber issued by the Internal Revenue Service. 

8 ‘‘(C) The number of W nonimmigrants the 

9 employer estimates it will seek to employ annu10 ally. 

11 ‘‘(2) REFERRAL FOR FRAUD INVESTIGATION.— 

12 The Secretary may refer an application submitted 

13 under paragraph (1) or subsection (e)(1)(A) to the 

14 Fraud Detection and National Security Directorate 

15 of U.S. Citizenship and Immigration Services if 

16 there is evidence of fraud for potential investigation. 

17 ‘‘(3) INELIGIBLE EMPLOYERS.— 

18 ‘‘(A) IN GENERAL.—Notwithstanding any 

19 other applicable penalties under law, the Sec20 retary may deny an employer’s application to be 

21 a registered employer if the Secretary deter22 mines, after notice and an opportunity for a 

23 hearing, that the employer submitting such ap24 plication— 


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1 ‘‘(i) has, with respect to the applica2 tion required under paragraph (1), includ3 ing any attestations required by law— 

4 ‘‘(I) knowingly misrepresented a 

5 material fact; 

6 ‘‘(II) knowingly made a fraudu7 lent statement; or 

8 ‘‘(III) knowingly failed to comply 

9 with the terms of such attestations; or 

10 ‘‘(ii) failed to cooperate in the audit 

11 process in accordance with regulations pro12 mulgated by the Secretary; 

13 ‘‘(iii) has been convicted of an offense 

14 set out in chapter 77 of title 18, United 

15 States Code, or any conspiracy to commit 

16 such offenses, or any human trafficking of17 fense under State or territorial law; 

18 ‘‘(iv) has, within 2 years prior to the 

19 date of application— 

20 ‘‘(I) received a final adjudication 

21 of having committed any hazardous 

22 occupation orders violation resulting 

23 in injury or death under the child 

24 labor provisions contained in section 

25 12 of the Fair Labor Standards Act 


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1 of 1938 (29 U.S.C. 211) and any per2 tinent regulation; 

3 ‘‘(II) received a final adjudication 

4 assessing a civil money penalty for 

5 any repeated or willful violation of the 

6 minimum wage provisions of section 6 

7 of the Fair Labor Standards Act of 

8 1938 (29 U.S.C. 206); or 

9 ‘‘(III) received a final adjudica10 tion assessing a civil money penalty 

11 for any willful violation of the over12 time provisions of section 7 of the 

13 Fair Labor Standards Act of 1938 or 

14 any regulations thereunder; or 

15 ‘‘(v) has, within 2 years prior to the 

16 date of application, received a final adju17 dication for a willful violation or repeated 

18 serious violations involving injury or 

19 death— 

20 ‘‘(I) of section 5 of the Occupa21 tional Safety and Health Act of 1970 

22 (29 U.S.C. 654); 

23 ‘‘(II) of any standard, rule, or 

24 order promulgated pursuant to section 

25 6 of the Occupational Safety and 


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1 Health Act of 1970 (29 U.S.C. 655); 

2 or 

3 ‘‘(III) of a plan approved under 

4 section 18 of the Occupational Safety 

5 and Health Act of 1970 (29 U.S.C. 

6 667). 

7 ‘‘(B) LENGTH OF INELIGIBILITY.— 

8 ‘‘(i) TEMPORARY INELIGIBILITY.—An 

9 employer described in subparagraph (A) 

10 may be ineligible to be a registered em11 ployer for a period that is not less than the 

12 time period determined by the Secretary 

13 and not more than 3 years. 

14 ‘‘(ii) PERMANENT INELIGIBILITY.— 

15 An employer who has been convicted of 

16 any offense set out in chapter 77 of title 

17 18, United States Code, or any conspiracy 

18 to commit such offenses, or any human 

19 trafficking offense under State or terri20 torial law shall be permanently ineligible to 

21 be a registered employer. 

22 ‘‘(4) TERM OF REGISTRATION.—The Secretary 

23 shall approve applications meeting the criteria of 

24 this subsection for a term of 3 years. 


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1 ‘‘(5) RENEWAL.—An employer may submit an 

2 application to renew the employer’s status as a reg3 istered employer for additional 3-year periods. 

4 ‘‘(6) FEE.—At the time an employer’s applica5 tion to be a registered employer or to renew such 

6 status is approved, such employer shall pay a fee in 

7 an amount determined by the Secretary to be suffi8 cient to cover the costs of the registry of such em9 ployers. 

10 ‘‘(7) CONTINUED ELIGIBILITY.—Each reg11 istered employer shall submit to the Secretary an 

12 annual report that demonstrates that the registered 

13 employer has provided the wages and working condi14 tions the registered employer agreed to provide to its 

15 employees. 

16 ‘‘(e) REGISTERED POSITIONS.— 

17 ‘‘(1) IN GENERAL.— 

18 ‘‘(A) APPLICATION.—Each registered em19 ployer shall submit to the Secretary an applica20 tion to designate a position for which the em21 ployer is seeking a W nonimmigrant as a reg22 istered position. The Secretary is authorized to 

23 determine if the wage to be paid by the em24 ployer complies with subparagraph (B)(iv). 


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1 Each such application shall include a descrip2 tion of each such position. 

3 ‘‘(B) ATTESTATION.—An application sub4 mitted under subparagraph (A) shall include an 

5 attestation of the following: 

6 ‘‘(i) The number of full-time equiva7 lent employees of the employer. 

8 ‘‘(ii) The occupational category, as 

9 classified by the Secretary of Labor, for 

10 which the registered position is sought. 

11 ‘‘(iii) Whether the occupation for 

12 which the registered position is sought is a 

13 shortage occupation. 

14 ‘‘(iv) Except as provided in subsection 

15 (g)(4)(C)(i), the wages to be paid to W 

16 nonimmigrants employed by the employer 

17 in the registered position, including a posi18 tion in a shortage occupation, will be the 

19 greater of— 

20 ‘‘(I) the actual wage level paid by 

21 the employer to other employees with 

22 similar experience and qualifications 

23 for such position; or 

24 ‘‘(II) the prevailing wage level for 

25 the occupational classification of the 


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1 position in the metropolitan statistical 

2 area of the employment, as deter3 mined by the Secretary, based on the 

4 best information available as of the 

5 time of filing the application. 

6 ‘‘(v) The working conditions for W 

7 nonimmigrants will not adversely affect the 

8 working conditions of other workers em9 ployed in similar positions. 

10 ‘‘(vi) The employer has carried out 

11 the recruiting activities required by para12 graph (2)(B). 

13 ‘‘(vii) There is no qualified United 

14 States worker who has applied for the po15 sition and who is ready, willing, and able 

16 to fill such position pursuant to the re17 quirements in subparagraphs (B) and (C) 

18 of paragraph (2). 

19 ‘‘(viii) There is not a strike, lockout, 

20 or work stoppage in the course of a labor 

21 dispute in the occupation at the place of 

22 employment at which the W nonimmigrant 

23 will be employed. If such strike, lockout, or 

24 work stoppage occurs following submission 

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1 vide notification in accordance with all ap2 plicable regulations. 

3 ‘‘(ix)(I) The employer has not laid off 

4 and will not layoff a United States worker 

5 during the period beginning 90 days prior 

6 to and ending 90 days after the date the 

7 employer files an application for designa8 tion of a position for which the W non9 immigrant is sought or hires such W non10 immigrant, unless the employer has noti11 fied such United States worker of the posi12 tion and documented the legitimate rea13 sons that such United States worker is not 

14 qualified or available for the position. 

15 ‘‘(II) A United States worker is not 

16 laid off for purposes of this subparagraph 

17 if, at the time such worker’s employment is 

18 terminated, such worker is not employed in 

19 the same occupation and in the same met20 ropolitan statistical area where the reg21 istered position referred to in subclause (I) 

22 is located. 

23 ‘‘(C) BEST INFORMATION AVAILABLE.—In 

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1 mation available’, with respect to determining 

2 the prevailing wage for a position, means— 

3 ‘‘(i) a controlling collective bargaining 

4 agreement or Federal contract wage, if ap5 plicable; 

6 ‘‘(ii) if there is no applicable wage 

7 under clause (i), the wage level commensu8 rate with the experience, training, and su9 pervision required for the job based on Bu10 reau of Labor Statistics data; or 

11 ‘‘(iii) if the data referred to in clause 

12 (ii) is not available, a legitimate and recent 

13 private survey of the wages paid for such 

14 positions in the metropolitan statistical 

15 area. 

16 ‘‘(D) PERMIT.—The Secretary shall pro17 vide each registered employer whose application 

18 submitted under subparagraph (A) is approved 

19 with a permit that includes the number and de20 scription of such employer’s approved registered 

21 positions. 

22 ‘‘(E) TERM OF REGISTRATION.—The ap23 proval of a registered position under subpara24 graph (A) is for a term that begins on the date 

25 of such approval and ends on the earlier of— 


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1 ‘‘(i) the date the employer’s status as 

2 a registered employer is terminated; 

3 ‘‘(ii) 3 years after the date of such ap4 proval; or 

5 ‘‘(iii) upon proper termination of the 

6 registered position by the employer. 

7 ‘‘(F) REGISTRY OF REGISTERED POSI8 TIONS.— 

9 ‘‘(i) MAINTENANCE OF REGISTRY.— 

10 The Secretary shall develop and maintain 

11 a registry of approved registered positions 

12 for which the Secretary has issued a per13 mit under subparagraph (D). 

14 ‘‘(ii) AVAILABILITY ON WEBSITE.— 

15 The registry required by clause (i) shall be 

16 accessible on a website maintained by the 

17 Secretary. 

18 ‘‘(iii) AVAILABILITY ON STATE WORK19 FORCE AGENCY WEBSITES.—Each State 

20 workforce agency shall be linked to such 

21 registry and provide access to such registry 

22 through the website maintained by such 

23 agency. 

24 ‘‘(iv) CONDITIONS OF AVAILABILITY

25 ON WEBSITE.— 


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1 ‘‘(I) IN GENERAL.—Each ap2 proved registered position for which 

3 the Secretary has issued a permit 

4 shall be included in the registry of 

5 registered positions maintained by the 

6 Secretary and shall remain available 

7 for viewing on such registry through8 out the term of registration referred 

9 to in subparagraph (E) or paragraph 

10 (5). 

11 ‘‘(II) INDICATION OF VACANCY.— 

12 The Secretary shall ensure that such 

13 registry indicates whether each ap14 proved registered position in the reg15 istry is filled or unfilled. 

16 ‘‘(III) REQUIREMENT FOR 10-DAY

17 POSTING.—If a W nonimmigrant’s 

18 employment in a registered position 

19 ends, either voluntarily or involun20 tarily, the Secretary shall ensure that 

21 such registry indicates that the reg22 istered position is unfilled for a period 

23 of 10 calendar days, unless such reg24 istered position is filled by a United 

25 States worker. 


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1 ‘‘(2) REQUIREMENTS.— 

2 ‘‘(A) ELIGIBLE OCCUPATION.—Each reg3 istered position shall be for a position in an eli4 gible occupation as described in paragraph (3). 

5 ‘‘(B) RECRUITMENT OF UNITED STATES

6 WORKERS.— 

7 ‘‘(i) REQUIREMENTS.—A position may 

8 not be a registered position unless the reg9 istered employer— 

10 ‘‘(I) advertises the position for a 

11 period of 30 days, including the wage 

12 range, location, and proposed start 

13 date— 

14 ‘‘(aa) on the Internet 

15 website maintained by the Sec16 retary of Labor for the purpose 

17 of such advertising; and 

18 ‘‘(bb) with the workforce 

19 agency of the State where the po20 sition will be located; and 

21 ‘‘(II) except as provided for in 

22 subsection (g)(4)(B)(i), carries out 

23 not less than 3 of the recruiting ac24 tivities described in subparagraph (C). 


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1 ‘‘(ii) DURATION OF ADVERTISING.— 

2 The 30 day periods required by item (aa) 

3 of (bb) of clause (i)(I) may occur at the 

4 same time. 

5 ‘‘(C) RECRUITING ACTIVITIES.—The re6 cruiting activities described in this subpara7 graph, with respect to a position for which the 

8 employer is seeking a W nonimmigrant, shall 

9 consist of any combination of the following as 

10 defined by the Secretary of Homeland Security: 

11 ‘‘(i) Advertising such position at job 

12 fairs. 

13 ‘‘(ii) Advertising such position on the 

14 employer’s external website. 

15 ‘‘(iii) Advertising such position on job 

16 search Internet websites. 

17 ‘‘(iv) Advertising such position using 

18 presentations or postings at vocational, ca19 reer technical schools, community colleges, 

20 high schools, or other educational or train21 ing sites. 

22 ‘‘(v) Posting such position with trade 

23 associations. 

24 ‘‘(vi) Utilizing a search firm to seek 

25 applicants for such position. 


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1 ‘‘(vii) Advertising such position 

2 through recruitment programs with place3 ment offices at vocational schools, career 

4 technical schools, community colleges, high 

5 schools, or other educational or training 

6 sites. 

7 ‘‘(viii) Advertising such position 

8 through advertising or postings with local 

9 libraries, journals, or newspapers. 

10 ‘‘(ix) Seeking a candidate for such po11 sition through an employee referral pro12 gram with incentives. 

13 ‘‘(x) Advertising such position on 

14 radio or television. 

15 ‘‘(xi) Advertising such position 

16 through advertising, postings, or presen17 tations with newspapers, Internet websites, 

18 job fairs, or community events targeted to 

19 constituencies designed to increase em20 ployee diversity. 

21 ‘‘(xii) Advertising such position 

22 through career day presentations at local 

23 high schools or community organizations. 

24 ‘‘(xiii) Providing in-house training. 

25 ‘‘(xiv) Providing third-party training. 


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1 ‘‘(xv) Advertising such position 

2 through recruitment, educational, or other 

3 cooperative programs offered by the em4 ployer and a local economic development 

5 authority. 

6 ‘‘(xvi) Advertising such position twice 

7 in the Sunday ads in the primary daily cir8 culation newspaper in the area. 

9 ‘‘(xvii) Any other recruitment activi10 ties determined to be appropriate to be 

11 added by the Commissioner. 

12 ‘‘(3) ELIGIBLE OCCUPATION.— 

13 ‘‘(A) IN GENERAL.—An occupation is an 

14 eligible occupation if the occupation— 

15 ‘‘(i) is a zone 1 occupation, a zone 2 

16 occupation, or zone 3 occupation; and 

17 ‘‘(ii) is not an excluded occupation 

18 under subparagraph (B). 

19 ‘‘(B) EXCLUDED OCCUPATIONS.— 

20 ‘‘(i) OCCUPATIONS REQUIRING COL21 LEGE DEGREES.—An occupation that is 

22 listed in the Occupational Outlook Hand23 book published by the Bureau of Labor 

24 Statistics (or similar successor publication) 

25 that is classified as requiring an individual 


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1 with a bachelor’s degree or higher level of 

2 education may not be an eligible occupa3 tion. 

4 ‘‘(ii) COMPUTER OCCUPATIONS.—An 

5 occupation in the field of computer oper6 ation, computer programming, or computer 

7 repair may not be an eligible occupation. 

8 ‘‘(C) PUBLICATION.—The Secretary of 

9 Labor shall publish the eligible occupations, 

10 designated as zone 1 occupations, zone 2 occu11 pations, or zone 3 occupations, on an on-going 

12 basis on a publicly available website. 

13 ‘‘(4) FILLING OF VACANCIES.—If a W non14 immigrant’s employment in a registered position 

15 ends, such employer may fill that vacancy— 

16 ‘‘(A) by hiring a United States worker; or 

17 ‘‘(B) after the 10 calendar day posting pe18 riod in subsection (e)(1)(F)(iv)(III) by hiring— 

19 ‘‘(i) a W nonimmigrant; or 

20 ‘‘(ii) if available under subsection 

21 (g)(4), a certified alien. 

22 ‘‘(5) PERIOD OF APPROVAL.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraph (B), a registered position shall be 


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1 approved by the Secretary for a period of 3 

2 years. 

3 ‘‘(B) RETURNING W NONIMMIGRANTS.— 

4 ‘‘(i) EXTENSION OF PERIOD.—A reg5 istered position shall continue to be a reg6 istered position at the end of the 3-year 

7 period referred to in subparagraph (A) if 

8 the W nonimmigrant hired for such posi9 tion is the beneficiary of a petition for im10 migrant status filed by the registered em11 ployer pursuant to this Act or is returning 

12 to the same registered employer. 

13 ‘‘(ii) TERMINATION OF PERIOD.—The 

14 term of a registration position extended 

15 under clause (i) shall terminate on the 

16 date that is the earlier of— 

17 ‘‘(I) the date an application or 

18 petition by or for a W nonimmigrant 

19 to obtain immigrant status is ap20 proved or denied by the Secretary; or 

21 ‘‘(II) the date of the termination 

22 of such W nonimmigrant’s employ23 ment with the registered employer. 

24 ‘‘(6) FEES.— 

25 ‘‘(A) REGISTRATION FEE.— 


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1 ‘‘(i) IN GENERAL.—At the time a W 

2 nonimmigrant commences employment in 

3 the registered position for a registered em4 ployer, such employer shall pay a registra5 tion fee in an amount determined by the 

6 Secretary. 

7 ‘‘(ii) USE OF FEE.—A fee collected 

8 under clause (i) shall be used to fund any 

9 aspect of the operation of the W Visa Pro10 gram. 

11 ‘‘(B) ADDITIONAL FEE.— 

12 ‘‘(i) IN GENERAL.—In addition to the 

13 fee required by subparagraph (A), a reg14 istered employer, at the time a W non15 immigrant commences employment in the 

16 registered position for the registered em17 ployer, shall pay an additional fee for each 

18 such approved registered position as fol19 lows: 

20 ‘‘(I) A fee of $1,750 for the reg21 istered position if the registered em22 ployer, at the time of filing the appli23 cation for the registered position, is a 

24 small business and more than 50 per25 cent and less than 75 percent of the 


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1 employees of the registered employer 

2 are not United States workers. 

3 ‘‘(II) A fee of $3,500 for the reg4 istered position if the registered em5 ployer, at the time of filing the appli6 cation for the registered position, is a 

7 small business and more than 75 per8 cent of the employees of the registered 

9 employer are not United States work10 ers. 

11 ‘‘(III) A fee of $3,500 for the 

12 registered position if the registered 

13 employer, at the time of filing the ap14 plication for the registered position, is 

15 not a small business and more than 

16 15 percent and less than 30 percent 

17 of the employees of the registered em18 ployer are not United States workers. 

19 ‘‘(ii) USE OF FEE.—A fee collected 

20 under clause (i) shall be used to fund the 

21 operations of the Bureau. 

22 ‘‘(C) PROHIBITION ON OTHER FEES.—A 

23 registered employer may not be required to pay 

24 an additional fee other than any fees specified 


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1 in this Act if the registered employer is a small 

2 business. 

3 ‘‘(7) PROHIBITION ON REGISTERED POSITIONS

4 FOR CERTAIN EMPLOYERS.—The Secretary may not 

5 approve an application for a registered position for 

6 an employer if the employer is not a small business 

7 and 30 percent or more of the employees of the em8 ployer are not United States workers. 

9 ‘‘(f) EXCLUDED GEOGRAPHIC LOCATION.—No appli10 cation for a registered position filed by a registered em11 ployer for an eligible occupation may be approved if the 

12 registered position is located in a metropolitan statistical 

13 area that has an unemployment rate that is more than 

81 14 ⁄2 percent as reported in the most recent month pre15 ceding the date that the application is submitted to the 

16 Secretary unless— 

17 ‘‘(1) the Commissioner has identified the eligi18 ble occupation as a shortage occupation; or 

19 ‘‘(2) the Secretary approves the registered posi20 tion under subsection (g)(4). 

21 ‘‘(g) NUMERICAL LIMITATION.— 

22 ‘‘(1) REGISTERED POSITIONS.— 

23 ‘‘(A) IN GENERAL.—Subject to paragraphs 

24 (3) and (4), the maximum number of registered 


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1 positions that may be approved by the Sec2 retary for a year is as follows: 

3 ‘‘(i) For the first year aliens are ad4 mitted as W nonimmigrants, 20,000. 

5 ‘‘(ii) For the second such year, 

6 35,000. 

7 ‘‘(iii) For the third such year, 55,000. 

8 ‘‘(iv) For the fourth such year, 

9 75,000. 

10 ‘‘(v) For each year after the fourth 

11 such year, the level calculated for that year 

12 under paragraph (2). 

13 ‘‘(B) DATES.—The first year referred to in 

14 subparagraph (A)(i) shall begin on April 1, 

15 2015, and end on March 31, 2016, unless the 

16 Secretary determines that such first year shall 

17 begin on October 1, 2015, and end on Sep18 tember 30, 2016. 

19 ‘‘(2) YEARS AFTER YEAR 4.— 

20 ‘‘(A) CURRENT YEAR AND PRECEDING

21 YEAR.—In this paragraph— 

22 ‘‘(i) the term ‘current year’ shall refer 

23 to the 12-month period for which the cal24 culation of the numerical limits under this 

25 paragraph is being performed; and 


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1 ‘‘(ii) the term ‘preceding year’ shall 

2 refer to the 12-month period immediately 

3 preceding the current year. 

4 ‘‘(B) NUMERICAL LIMITATION.—Subject to 

5 subparagraph (D), the number of registered po6 sitions that may be approved by the Secretary 

7 for a year after the fourth year referred to in 

8 paragraph (1)(A)(iv) shall be equal to the sum 

9 of— 

10 ‘‘(i) the number of such registered po11 sitions available under this paragraph for 

12 the preceding year; and 

13 ‘‘(ii) the product of— 

14 ‘‘(I) the number of such reg15 istered positions available under this 

16 paragraph for the preceding year; 

17 multiplied by 

18 ‘‘(II) the index for the current 

19 year calculated under subparagraph 

20 (C). 

21 ‘‘(C) INDEX.—The index calculated under 

22 this subparagraph for a current year equals the 

23 sum of— 

24 ‘‘(i) one-fifth of a fraction— 


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1 ‘‘(I) the numerator of which is 

2 the number of registered positions 

3 that registered employers applied to 

4 have approved under subsection (e)(1) 

5 for the preceding year minus the 

6 number of registered positions ap7 proved under subsection (e) for the 

8 preceding year; and 

9 ‘‘(II) the denominator of which is 

10 the number of registered positions ap11 proved under subsection (e) for the 

12 preceding year; 

13 ‘‘(ii) one-fifth of a fraction— 

14 ‘‘(I) the numerator of which is 

15 the number of registered positions the 

16 Commissioner recommends be avail17 able under this subparagraph for the 

18 current year minus the number of 

19 registered positions available under 

20 this subsection for the preceding year; 

21 and 

22 ‘‘(II) the denominator of which is 

23 the number of registered positions 

24 available under this subsection for the 

25 preceding year; 


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1 ‘‘(iii) three-tenths of a fraction— 

2 ‘‘(I) the numerator of which is 

3 the number of unemployed United 

4 States workers for the preceding year 

5 minus the number of unemployed 

6 United States workers for the current 

7 year; and 

8 ‘‘(II) the denominator of which is 

9 the number of unemployed United 

10 States workers for the preceding year; 

11 and 

12 ‘‘(iv) three-tenths of a fraction— 

13 ‘‘(I) the numerator of which is 

14 the number of job openings as set out 

15 in the Job Openings and Labor Turn16 over Survey of the Bureau of Labor 

17 Statistics for the current year minus 

18 such number of job openings for the 

19 preceding year; and 

20 ‘‘(II) the denominator of which is 

21 the number of such job openings for 

22 the preceding year; 

23 ‘‘(D) MINIMUM AND MAXIMUM LEVELS.— 

24 The number of registered positions calculated 

25 under subparagraph (B) for a 12-month period 


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1 may not be less than 20,000 nor more than 

2 200,000. 

3 ‘‘(3) ADDITIONAL REGISTERED POSITIONS FOR

4 SHORTAGE OCCUPATIONS.—In addition to the num5 ber of registered positions made available for a year 

6 under paragraph (1), the Secretary shall make avail7 able for a year an additional number of registered 

8 positions for shortage occupations in a particular 

9 metropolitan statistical area. 

10 ‘‘(4) SPECIAL ALLOCATIONS OF REGISTERED

11 POSITIONS.— 

12 ‘‘(A) AUTHORITY TO MAKE AVAILABLE.— 

13 In addition to the number of registered posi14 tions made available for a year under para15 graph (1) or (3), the Secretary shall make addi16 tional registered positions available for the year 

17 for a specific registered employer as described 

18 in this paragraph, if— 

19 ‘‘(i) the maximum number of reg20 istered positions available under paragraph 

21 (1) have been approved for the year and 

22 none remain available for allocation; or 

23 ‘‘(ii) such registered employer is lo24 cated in a metropolitan statistical area 

25 that has an unemployment rate that is 


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more than 81 1 ⁄2 percent as reported in the 

2 most recent month preceding the date that 

3 the application is submitted to the Sec4 retary. 

5 ‘‘(B) RECRUITMENT.— 

6 ‘‘(i) IN GENERAL.—Except as pro7 vided in clause (ii), an initial W non8 immigrant may only enter the United 

9 States for initial employment pursuant to 

10 a special allocation under this paragraph if 

11 the registered employer has carried out at 

12 least 7 of the recruiting activities described 

13 in subsection (e)(2)(C). 

14 ‘‘(ii) REQUIREMENT TO RECRUIT W

15 NONIMMIGRANTS IN THE UNITED

16 STATES.—A registered employer may reg17 ister a position pursuant to a special allo18 cation under this paragraph by conducting 

19 at least 3 of the recruiting activities de20 scribed in subsection (e)(2)(C), however a 

21 position registered pursuant to this clause 

22 may not be filled by an initial W non23 immigrant entering the United States for 

24 initial employment. 

25 ‘‘(iii) 30 DAY POSTING.— 


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1 ‘‘(I) REQUIREMENT.—Any reg2 istered employer registering any posi3 tion under the special allocation au4 thority shall post the position, includ5 ing the wage range, location, and ini6 tial date of employment, for not less 

7 than 30 days— 

8 ‘‘(aa) on the Internet 

9 website maintained by the Sec10 retary of Labor for the purpose 

11 of such advertising; and 

12 ‘‘(bb) with the workforce 

13 agency of the State where the po14 sition will be located. 

15 ‘‘(II) CONTEMPORANEOUS POST16 ING.—The 30 day periods required by 

17 items (aa) and (bb) of subclause (I) 

18 may occur at the same time. 

19 ‘‘(C) WAGES.— 

20 ‘‘(i) INITIAL W NONIMMIGRANTS.—An 

21 initial W nonimmigrant entering the 

22 United States for initial employment pur23 suant to a registered position made avail24 able under this paragraph may not be paid 

25 less than the greater of— 


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1 ‘‘(I) the level 4 wage set out in 

2 the Foreign Labor Certification Data 

3 Center Online Wage Library (or simi4 lar successor website) maintained by 

5 the Secretary of Labor for such occu6 pation in that metropolitan statistical 

7 area; or 

8 ‘‘(II) the mean of the highest 

9 two-thirds of wages surveyed for such 

10 occupation in that metropolitan statis11 tical area. 

12 ‘‘(ii) OTHER W NONIMMIGRANTS.—A 

13 W nonimmigrant employed in a registered 

14 position referred to in subsection 

15 (g)(4)(B)(ii) may not be paid less than the 

16 wages required under subsection 

17 (e)(1)(B)(iv). 

18 ‘‘(D) REDUCTION OF FUTURE REGISTERED

19 POSITIONS.—Each registered position made 

20 available for a year subject to the wage condi21 tions of subparagraph (C)(i) shall reduce by 1 

22 the number of registered positions made avail23 able under paragraph (g)(1) for the following 

24 year or the earliest possible year for which a 

25 registered position is available. The limitation 


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1 contained in subsection (h)(4) shall not be re2 duced by any registered position made available 

3 under this paragraph. 

4 ‘‘(h) ALLOCATION OF REGISTERED POSITIONS.— 

5 ‘‘(1) IN GENERAL.— 

6 ‘‘(A) FIRST 6-MONTH PERIOD.—The num7 ber of registered positions available for the 6- 

8 month period beginning on the first day of a 

9 year is 50 percent of the maximum number of 

10 registered positions available for such year 

11 under paragraph (1) or (2) of subsection (g). 

12 Such registered positions shall be allocated as 

13 described in this subsection. 

14 ‘‘(B) SECOND 6-MONTH PERIOD.—The 

15 number of registered positions available for the 

16 6-month period ending on the last day of a year 

17 is the maximum number of registered positions 

18 available for such year under paragraph (1) or 

19 (2) of subsection (g) minus the number of reg20 istered positions approved during the 6-month 

21 period referred to in subsection (A). Such reg22 istered positions shall be allocated as described 

23 in this subsection. 

24 ‘‘(2) SHORTAGE OCCUPATIONS.— 


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1 ‘‘(A) IN GENERAL.—For the first month of 

2 each 6-month period referred to in subpara3 graph (A) or (B) of paragraph (1) a registered 

4 position may not be created in an occupation 

5 that is not a shortage occupation. 

6 ‘‘(B) INITIAL DESIGNATIONS.—Subpara7 graph (A) shall not apply in any period for 

8 which the Commissioner has not designated any 

9 shortage occupations. 

10 ‘‘(3) SMALL BUSINESSES.—During the second, 

11 third, and fourth months of each 6-month period re12 ferred to in subparagraph (A) or (B) of paragraph 

13 (1), one-third of the number of registered positions 

14 allocated for such period shall be approved only for 

15 a registered employer that is a small business. Any 

16 such registered positions not approved for such 

17 small businesses during such months shall be avail18 able for any registered employer during the last 2 

19 months of each such 6-month period. 

20 ‘‘(4) ANIMAL PRODUCTION SUBSECTORS.—In 

21 addition to the number of registered positions made 

22 available for a year under paragraph (1) or (3) of 

23 such section (g), the Secretary shall make additional 

24 registered positions available for the year for occupa25 tions designated by the Secretary of Labor as AniVerDate Mar 15 2010 19:31 Jul 09, 2013 Jkt 029200 PO 00000 Frm 01095 Fmt 6652 Sfmt 6201 E:\BILLS\S744.PAP S744

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1 mal Production Subsectors. The numerical limitation 

2 for such additional registered positions shall be no 

3 more than 10 percent of the annual numerical limi4 tation provided for in such paragraph (1). 

5 ‘‘(5) LIMITATION FOR CONSTRUCTION OCCUPA6 TIONS.— 

7 ‘‘(A) IN GENERAL.—Subject to subpara8 graph (B), not more than 33 percent of the reg9 istered positions made available under para10 graph (1) or (2) of subsection (g) for a year 

11 may be granted to perform work in a construc12 tion occupation. 

13 ‘‘(B) MAXIMUM LEVEL.—Notwithstanding 

14 subparagraph (A), the number of registered po15 sitions granted to perform work in a construc16 tion occupation under subsection (g)(1) may 

17 not exceed 15,000 for a year and 7,500 for any 

18 6-month period. 

19 ‘‘(C) PROHIBITION FOR OCCUPATIONS

20 WITH HIGH UNEMPLOYMENT.— 

21 ‘‘(i) IN GENERAL.—A registered em22 ployer may not hire a certified alien for a 

23 registered position to perform work in a 

24 construction occupation if the unemploy25 ment rate for construction occupations in 


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1 the corresponding occupational job zone in 

2 that metropolitan statistical area was more 

than 81 3 ⁄2 percent. 

4 ‘‘(ii) DETERMINATION OF UNEMPLOY5 MENT RATE.—The unemployment rate 

6 used in clause (i) shall be determined— 

7 ‘‘(I) using the most recent survey 

8 taken by the Bureau; or 

9 ‘‘(II) if a survey referred to in 

10 subclause (I) is not available, using a 

11 recent and legitimate private survey. 

12 ‘‘(i) PORTABILITY.—A W nonimmigrant who is ad13 mitted to the United States for employment by a reg14 istered employer may— 

15 ‘‘(1) terminate such employment for any rea16 son; and 

17 ‘‘(2) seek and accept employment with another 

18 registered employer in any other registered position 

19 within the terms and conditions of the W non20 immigrant’s visa. 

21 ‘‘(j) PROMOTION.—A registered employer may pro22 mote a W nonimmigrant if the W nonimmigrant has been 

23 employed with that employer for a period of not less than 

24 12 months. Such a promotion shall not increase the total 

25 number of registered positions available to that employer. 


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1 ‘‘(k) PROHIBITION ON OUTPLACEMENT.—A reg2 istered employer may not place, outsource, lease, or other3 wise contract for the services or placement of a W non4 immigrant employee with another employer if more than 

5 15 percent of the employees of the registered employer are 

6 W nonimmigrants. 

7 ‘‘(l) W NONIMMIGRANT PROTECTIONS.— 

8 ‘‘(1) APPLICABILITY OF LAWS.—A W non9 immigrant shall not be denied any right or any rem10 edy under Federal, State, or local labor or employ11 ment law that would be applicable to a United 

12 States worker employed in a similar position with 

13 the employer because of the alien’s status as a non14 immigrant worker. 

15 ‘‘(2) WAIVER OF RIGHTS PROHIBITED.— 

16 ‘‘(A) IN GENERAL.—A W nonimmigrant 

17 may not be required to waive any substantive 

18 rights or protections under this Act. 

19 ‘‘(B) CONSTRUCTION.—Nothing under this 

20 paragraph may be construed to affect the inter21 pretation of any other law. 

22 ‘‘(3) PROHIBITION ON TREATMENT AS INDE23 PENDENT CONTRACTORS.— 

24 ‘‘(A) IN GENERAL.—Notwithstanding any 

25 other provision of law— 


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1 ‘‘(i) a W nonimmigrant is prohibited 

2 from being treated as an independent con3 tractor under any Federal or State law; 

4 and 

5 ‘‘(ii) no person, including an employer 

6 or labor contractor and any persons who 

7 are affiliated with or contract with an em8 ployer or labor contractor, may treat a W 

9 nonimmigrant as an independent con10 tractor. 

11 ‘‘(B) CONSTRUCTION.—Subparagraph (A) 

12 may not be construed to prevent registered em13 ployers who operate as independent contractors 

14 from employing W nonimmigrants. 

15 ‘‘(4) PAYMENT OF FEES.— 

16 ‘‘(A) IN GENERAL.—A fee related to the 

17 hiring of a W nonimmigrant required to be paid 

18 by an employer under this Act shall be paid by 

19 the employer and may not be deducted from the 

20 wages or other compensation paid to a W non21 immigrant. 

22 ‘‘(B) EXCLUDED COSTS.—The cost of 

23 round trip transportation from a certified 

24 alien’s home to the location of a registered posi25 tion and the cost of obtaining a foreign passVerDate Mar 15 2010 19:31 Jul 09, 2013 Jkt 029200 PO 00000 Frm 01099 Fmt 6652 Sfmt 6201 E:\BILLS\S744.PAP S744

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1 port are not fees required to be paid by the em2 ployer. 

3 ‘‘(5) TAX RESPONSIBILITIES.—An employer 

4 shall comply with all applicable Federal, State, and 

5 local tax laws with respect to each W nonimmigrant 

6 employed by the employer. 

7 ‘‘(6) PROHIBITED ACTIVITIES.—It shall be un8 lawful for an employer of a W nonimmigrant to in9 timidate, threaten, restrain, coerce, retaliate, dis10 charge, or in any other manner, discriminate against 

11 an employee or former employee because the em12 ployee or former employee— 

13 ‘‘(A) discloses information to the employer 

14 or any other person that the employee or 

15 former employee reasonably believes dem16 onstrates a violation of this section; or 

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

18 investigation or other proceeding concerning 

19 compliance with the requirements of this sec20 tion. 

21 ‘‘(m) COMPLAINT PROCESS.—The Secretary shall es22 tablish a process for the receipt, investigation, and disposi23 tion of complaints by an aggrieved applicant, employee, 

24 or nonimmigrant (or a person acting on behalf of such 

25 applicant, employee, or nonimmigrant) with respect to— 


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1 ‘‘(1) the failure of a registered employer to 

2 meet a condition of this section; or 

3 ‘‘(2) the lay off or nonhiring of a United States 

4 worker as prohibited under this section. 

5 ‘‘(n) ENFORCEMENT.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall pro7 mulgate regulations for the receipt, investigation, 

8 and disposition of complaints by an aggrieved W 

9 nonimmigrant respecting a violation of this section. 

10 ‘‘(2) FILING DEADLINE.—No investigation or 

11 hearing shall be conducted on a complaint con12 cerning a violation under this section unless the 

13 complaint was filed not later than 6 months after 

14 the date of such violation. 

15 ‘‘(3) REASONABLE BASIS.—The Secretary shall 

16 conduct an investigation under this subsection if 

17 there is reasonable basis to believe that a violation 

18 of this section has occurred. The process established 

19 under this subsection shall provide that, not later 

20 than 30 days after a complaint is filed, the Sec21 retary shall determine if there is reasonable cause to 

22 find such a violation. 

23 ‘‘(4) NOTICE AND HEARING.— 

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

25 days after the Secretary makes a determination 


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1 of reasonable basis under paragraph (3), the 

2 Secretary shall issue a notice to the interested 

3 parties and offer an opportunity for a hearing 

4 on the complaint, in accordance with section 

5 556 of title 5, United States Code. 

6 ‘‘(B) HEARING DEADLINE.—Not later than 

7 60 days after the date of a hearing under this 

8 paragraph, the Secretary shall make a finding 

9 on the matter. 

10 ‘‘(5) ATTORNEY’S FEES.— 

11 ‘‘(A) AWARD.—A complainant who prevails 

12 in an action under this subsection with respect 

13 to a claim related to wages or compensation for 

14 employment, or a claim for a violation of sub15 section (l) or (m), shall be entitled to an award 

16 of reasonable attorney’s fees and costs. 

17 ‘‘(B) FRIVOLOUS COMPLAINTS.—A com18 plainant who files a frivolous complaint for an 

19 improper purpose under this subsection shall be 

20 liable for the reasonable attorney’s fees and 

21 costs of the person named in the complaint. 

22 ‘‘(6) POWER OF THE SECRETARY.—The Sec23 retary may bring an action in any court of com24 petent jurisdiction— 


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1 ‘‘(A) to seek remedial action, including in2 junctive relief; 

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

4 this subsection and subsection (o); or 

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

6 conditions described in subsection (l)(6). 

7 ‘‘(7) OTHER RIGHTS OF EMPLOYEES.—The 

8 rights and remedies provided to W nonimmigrants 

9 under this section are in addition to any other con10 tractual or statutory rights and remedies of the 

11 workers, and are not intended to alter or affect such 

12 rights and remedies. 

13 ‘‘(o) PENALTIES.— 

14 ‘‘(1) IN GENERAL.—If, after notice and an op15 portunity for a hearing, the Secretary finds a viola16 tion of this section, the Secretary may impose ad17 ministrative remedies and penalties, including— 

18 ‘‘(A) back wages; 

19 ‘‘(B) benefits; and 

20 ‘‘(C) civil monetary penalties. 

21 ‘‘(2) CIVIL PENALTIES.—The Secretary may 

22 impose, as a civil penalty— 

23 ‘‘(A) for a violation of this subsection— 

24 ‘‘(i) a fine in an amount not more 

25 than $2,000 per violation per affected 


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1 worker and $4,000 per violation per af2 fected worker for each subsequent viola3 tion; 

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

5 in an amount not more than $5,000 per 

6 violation per affected worker; and 

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

8 in the course of such violation a United 

9 States worker was harmed, a fine in an 

10 amount not more than $25,000 per viola11 tion per affected worker; or 

12 ‘‘(B) for knowingly failing to materially 

13 comply with the terms of representations made 

14 in petitions, applications, certifications, or at15 testations under this section— 

16 ‘‘(i) a fine in an amount not more 

17 than $4,000 per aggrieved worker; and 

18 ‘‘(ii) upon the occasion of a third of19 fense of failure to comply with representa20 tions, a fine in an amount not to exceed 

21 $5,000 per affected worker and designa22 tion as an ineligible employer, recruiter, or 

23 broker for purposes of any immigrant or 

24 nonimmigrant program. 


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1 ‘‘(3) CRIMINAL PENALTY.—Any person who 

2 knowingly misrepresents the number of full-time 

3 equivalent employees of an employer or the number 

4 of employees of a person who are United States 

5 workers for the purpose of reducing a fee under sub6 section (e)(6) or avoiding the limitation in sub7 section (e)(7), shall be fined in accordance with title 

8 18, United States Code, in an amount up to 

9 $25,000 or imprisoned not more than 1 year, or 

10 both. 

11 ‘‘(p) MONITORING.— 

12 ‘‘(1) REQUIREMENT TO MONITOR.—The Sec13 retary shall monitor the movement of W non14 immigrants in registered positions through— 

15 ‘‘(A) the Employment Verification System 

16 described in section 274A(d); and 

17 ‘‘(B) the electronic monitoring system de18 scribed in paragraph (2). 

19 ‘‘(2) ELECTRONIC MONITORING SYSTEM.— 

20 ‘‘(A) REQUIREMENT FOR SYSTEM.—The 

21 Secretary, through U.S. Citizenship and Immi22 gration Services, shall implement an electronic 

23 monitoring system to monitor presence and em24 ployment of W nonimmigrants, including a re25 quirement that registered employers update the 


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1 system when W nonimmigrants start and end 

2 employment in registered positions. 

3 ‘‘(B) SYSTEM DESCRIPTION.—Such system 

4 shall be modeled on the Student and Exchange 

5 Visitor Information System (SEVIS) and 

6 SEVIS II tracking system of U.S. Immigration 

7 and Customs Enforcement. 

8 ‘‘(C) INTERACTION WITH REGISTRY.— 

9 Such system shall interact with the registry re10 ferred to in subsection (e)(1)(F) to ensure that 

11 the Secretary designates and updates approved 

12 registered positions as being filled or unfilled.’’. 

13 (b) TABLE OF CONTENTS AMENDMENT.—The table 

14 of contents in the first section (8 U.S.C. 1101 et seq.) 

15 is amended by adding after the item relating to section 

16 219 the following: 

‘‘Sec. 220. Admission of W nonimmigrant workers.’’. 

17 Subtitle H—Investing in New Ven18 ture, Entrepreneurial Startups, 

19 and Technologies 

20 SEC. 4801. NONIMMIGRANT INVEST VISAS. 

21 (a) INVEST NONIMMIGRANT CATEGORY.—Section 

22 101(a)(15) (8 U.S.C. 1101(a)(15)), as amended by sec23 tions 2231, 2308, 2309, 3201, 4402, 4504, 4601, and 

24 4702, is further amended by inserting after subparagraph 

25 (W) the following: 


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1 ‘‘(X) in accordance with the definitions in 

2 section 203(b)(6)(A), a qualified entrepreneur 

3 who has demonstrated that, during the 3-year 

4 period ending on the date on which the alien 

5 filed an initial petition for nonimmigrant status 

6 described in this clause— 

7 ‘‘(i) a qualified venture capitalist, a 

8 qualified super angel investor, a qualified 

9 government entity, a qualified community 

10 development financial institution, qualified 

11 startup accelerator, or such other type of 

12 entity or investors, as determined by the 

13 Secretary, or any combination of such enti14 ties or investors, has made a qualified in15 vestment or combination of qualified in16 vestments of not less than $100,000 in 

17 total in the alien’s United States business 

18 entity; or 

19 ‘‘(ii) the alien’s United States busi20 ness entity has created no fewer than 3 

21 qualified jobs and during the 2-year period 

22 ending on such date has generated not less 

23 than $250,000 in annual revenue arising 

24 from business conducted in the United 

25 States; or’’. 


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1 (b) ADMISSION OF INVEST NONIMMIGRANTS.—Sec2 tion 214 (8 U.S.C. 1184), as amended by sections 3608, 

3 4232, 4405, 4503, 4504, 4602, 4605, and 4606, is further 

4 amended by adding at the end the following: 

5 ‘‘(aa) INVEST NONIMMIGRANT VISAS.— 

6 ‘‘(1) DEFINITIONS.—The definitions in section 

7 203(b)(6)(A) apply to this subsection. 

8 ‘‘(2) INITIAL PERIOD OF AUTHORIZED ADMIS9 SION.—The initial period of authorized status as a 

10 nonimmigrant described in section 101(a)(15)(X) 

11 shall be for an initial 3-year period. 

12 ‘‘(3) RENEWAL OF ADMISSION.—Subject to 

13 paragraph (4), the initial period of authorized non14 immigrant status described in paragraph (2) may be 

15 renewed for additional 3-year periods if during the 

16 most recent 3-year period that the alien was granted 

17 such status— 

18 ‘‘(A) the alien’s United States business en19 tity has created no fewer than 3 qualified jobs 

20 and a qualified venture capitalist, a qualified 

21 super angel investor, a qualified government en22 tity, a qualified community development finan23 cial institution, qualified startup accelerator, or 

24 such other type of entity or investors, as deter25 mined by the Secretary, or any combination of 


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1 such entities or investors, has made a qualified 

2 investment or combination of qualified invest3 ments of not less than $250,000 in total to the 

4 alien’s United States business entity; or 

5 ‘‘(B) the alien’s United States business en6 tity has created no fewer than 3 qualified jobs 

7 and, during the 2-year period ending on the 

8 date that the alien petitioned for an extension, 

9 has generated not less than $250,000 in annual 

10 revenue arising from business conducted within 

11 the United States. 

12 ‘‘(4) WAIVER OF RENEWAL REQUIREMENTS.— 

13 The Secretary may renew an alien’s status as a non14 immigrant described in section 101(a)(15)(X) for 

15 not more than 1 year at a time, up to an aggregate 

16 of 2 years if the alien— 

17 ‘‘(A) does not meet the criteria under 

18 paragraph (3); and 

19 ‘‘(B) meets the criteria established by the 

20 Secretary, in consultation with the Secretary of 

21 Commerce, for approving renewals under this 

22 subsection, which shall include a finding that— 

23 ‘‘(i) the alien has made substantial 

24 progress in meeting such criteria; and 


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1 ‘‘(ii) such renewal is economically ben2 eficial to the United States. 

3 ‘‘(5) ATTESTATION.—The Secretary may re4 quire an alien seeking status as a nonimmigrant de5 scribed in section 101(a)(15)(X) to attest, under 

6 penalty of perjury, that the alien meets the applica7 tion criteria. 

8 ‘‘(6) X–1 VISA FEE.—In addition to processing 

9 fees, the Secretary shall collect a $1,000 fee from 

10 each nonimmigrant admitted under section 

11 101(a)(15)(X). Fees collected under this paragraph 

12 shall be deposited into the Comprehensive Immigra13 tion Reform Trust Fund established under section 

14 6(a)(1) of the Illegal Immigration Reform and Im15 migrant Responsibility Act of 1996.’’. 

16 SEC. 4802. INVEST IMMIGRANT VISA. 

17 Section 203(b) (8 U.S.C. 1153(b)) is amended— 

18 (1) by redesignating paragraph (6) as para19 graph (7); and 

20 (2) by inserting after paragraph (5) the fol21 lowing: 

22 ‘‘(6) INVEST IMMIGRANTS.— 

23 ‘‘(A) DEFINITIONS.—In this paragraph, 

24 section 101(a)(15)(X), and section 214(s): 


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1 ‘‘(i) QUALIFIED COMMUNITY DEVEL2 OPMENT FINANCIAL INSTITUTION.—The 

3 term ‘qualified community development fi4 nancial institution’ is defined as provided 

5 under section 1805.201 45D(c) of title 12, 

6 Code of Federal Regulations, or any simi7 lar successor regulations. 

8 ‘‘(ii) QUALIFIED ENTREPRENEUR.— 

9 The term ‘qualified entrepreneur’ means 

10 an individual who— 

11 ‘‘(I) has a significant ownership 

12 interest, which need not constitute a 

13 majority interest, in a United States 

14 business entity; 

15 ‘‘(II) is employed in a senior ex16 ecutive position of such United States 

17 business entity; 

18 ‘‘(III) submits a business plan to 

19 U.S. Citizenship and Immigration 

20 Services; and 

21 ‘‘(IV) had a substantial role in 

22 the founding or early-stage growth 

23 and development of such United 

24 States business entity. 


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1 ‘‘(iii) QUALIFIED GOVERNMENT ENTI2 TY.—The term ‘qualified government enti3 ty’ means an agency or instrumentality of 

4 the United States or of a State, local, or 

5 tribal government. 

6 ‘‘(iv) QUALIFIED INVESTMENT.—The 

7 term ‘qualified investment’— 

8 ‘‘(I) means an investment in a 

9 qualified entrepreneur’s United States 

10 business entity that is— 

11 ‘‘(aa) a purchase from the 

12 United States business entity or 

13 equity or convertible debt issued 

14 by such entity; 

15 ‘‘(bb) a secured loan; 

16 ‘‘(cc) a convertible debt 

17 note; 

18 ‘‘(dd) a public securities of19 fering; 

20 ‘‘(ee) a research and devel21 opment award from a qualified 

22 government entity to the United 

23 States entity; 


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1 ‘‘(ff) other investment deter2 mined appropriate by the Sec3 retary; or 

4 ‘‘(gg) a combination of the 

5 investments described in items 

6 (aa) through (ff); and 

7 ‘‘(II) may not include an invest8 ment from such qualified entre9 preneur, the parents, spouse, son, or 

10 daughter of such qualified entre11 preneur, or from any corporation, 

12 company, association, firm, partner13 ship, society, or joint stock company 

14 over which such qualified entre15 preneur has a substantial ownership 

16 interest. 

17 ‘‘(v) QUALIFIED JOB.—The term 

18 ‘qualified job’ means a full-time position of 

19 a United States business entity owned by 

20 a qualified entrepreneur that— 

21 ‘‘(I) is located in the United 

22 States; 

23 ‘‘(II) has been filled for at least 

24 2 years by an individual who is not 

25 the qualified entrepreneur or the 


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1 spouse, son, or daughter of the quali2 fied entrepreneur; and 

3 ‘‘(III) pays a wage that is not 

4 less than 250 percent of the Federal 

5 minimum wage. 

6 ‘‘(vi) QUALIFIED STARTUP ACCEL7 ERATOR.—The term ‘qualified startup ac8 celerator’ means a corporation, company, 

9 association, firm, partnership, society, or 

10 joint stock company that— 

11 ‘‘(I) is organized under the laws 

12 of the United States or any State and 

13 conducts business in the United 

14 States; 

15 ‘‘(II) in the ordinary course of 

16 business, provides a program of train17 ing, mentorship, and logistical support 

18 to assist entrepreneurs in growing 

19 their businesses; 

20 ‘‘(III) is managed by individuals, 

21 the majority of whom are citizens of 

22 the United States or aliens lawfully 

23 admitted for permanent residence; 

24 ‘‘(IV)(aa) regularly acquires an 

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1 ticipate in its programs, where the 

2 majority of the capital so invested is 

3 committed from individuals who are 

4 United States citizens or aliens law5 fully admitted for permanent resi6 dence, or from entities organized 

7 under the laws of the United States 

8 or any State; or 

9 ‘‘(bb) is an entity that has re10 ceived not less than $250,000 in fund11 ing from a qualified government entity 

12 or entities during the previous 5 years 

13 and regularly makes grants to compa14 nies that participate in its programs 

15 (in which case, such grant shall be 

16 treated as a qualified investment for 

17 purposes of clause (iv)); 

18 ‘‘(V) during the previous 5 years, 

19 has acquired an equity interest in, or, 

20 in the case of an entity described in 

21 subclause (IV)(bb), regularly made 

22 grants to, not fewer than 10 United 

23 States business entities that have par24 ticipated in its programs and that 

25 have— 


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1 ‘‘(aa) each secured at least 

2 $100,000 in initial investments; 

3 or 

4 ‘‘(bb) during any 2-year pe5 riod following the date of such 

6 acquisition, generated not less 

7 than $500,000 in aggregate an8 nual revenue within the United 

9 States; 

10 ‘‘(VI) has its primary location in 

11 the United States; and 

12 ‘‘(VII) satisfies such other cri13 teria as may be established by the 

14 Secretary. 

15 ‘‘(vii) QUALIFIED SUPER ANGEL IN16 VESTOR.—The term ‘qualified super angel 

17 investor’ means an individual or organized 

18 group of individuals investing directly or 

19 through a legal entity— 

20 ‘‘(I) each of whom is an accred21 ited investor, as defined in section 

22 230.501(a) of title 17, Code of Fed23 eral Regulations, or any similar suc24 cessor regulation, investing the funds 

25 owned by such individual or organized 


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1 group in a qualified entrepreneur’s 

2 United States business entity; 

3 ‘‘(II)(aa) if an individual, is a cit4 izen of the United States or an alien 

5 lawfully admitted for permanent resi6 dence; or 

7 ‘‘(bb) if an organized group or 

8 legal entity, a majority of the individ9 uals investing through such group or 

10 entity are citizens of the United 

11 States or aliens lawfully admitted for 

12 permanent residence; and 

13 ‘‘(III) each of whom in the pre14 vious 3 years has made qualified in15 vestments in a total amount deter16 mined to be appropriate by the Sec17 retary, that is not less than $50,000, 

18 in United States business entities 

19 which are less than 5 years old. 

20 ‘‘(viii) QUALIFIED VENTURE CAPI21 TALIST.—The term ‘qualified venture capi22 talist’ means an entity— 

23 ‘‘(I) that— 

24 ‘‘(aa) is a venture capital 

25 operating company (as defined in 


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1 section 2510.3–101(d) of title 29, 

2 Code of Federal Regulations (or 

3 any successor to such regula4 tion)); or 

5 ‘‘(bb) has management 

6 rights, as defined in, and to the 

7 extent required by, such section 

8 2510.3–101(d) (or successor reg9 ulation), in its portfolio compa10 nies; 

11 ‘‘(II) that has capital commit12 ments of not less than $10,000,000; 

13 and 

14 ‘‘(III) the investment adviser, 

15 that is registered under the Invest16 ment Advisers Act of 1940 (15 U.S.C. 

17 80b–2), for which— 

18 ‘‘(aa) has its primary office 

19 location in the United States; 

20 ‘‘(bb) is owned, directly or 

21 indirectly, by individuals, the ma22 jority of whom are citizens of the 

23 United States or aliens lawfully 

24 admitted for permanent residence 

25 in the United States; 


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1 ‘‘(cc) has been advising such 

2 entity or other similar funds or 

3 entities for at least 2 years; and 

4 ‘‘(dd) has advised such enti5 ty or a similar fund or entity 

6 with respect to at least 2 invest7 ments of not less than $500,000 

8 made by such entity or similar 

9 fund or entity during each of the 

10 most recent 2 years. 

11 ‘‘(ix) SECRETARY.—Except as other12 wise specifically provided, the term ‘Sec13 retary’ means the Secretary of Homeland 

14 Security. 

15 ‘‘(x) SENIOR EXECUTIVE POSITION.— 

16 The term ‘senior executive position’ in17 cludes the position of chief executive offi18 cer, chief technology officer, and chief op19 erating officer. 

20 ‘‘(xi) UNITED STATES BUSINESS EN21 TITY.—The term ‘United States business 

22 entity’ means any corporation, company, 

23 association, firm, partnership, society, or 

24 joint stock company that is organized 

25 under the laws of the United States or any 


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1 State and that conducts business in the 

2 United States that is not— 

3 ‘‘(I) a private fund, as defined in 

4 202(a) of the Investment Advisers Act 

5 of 1940 (15 U.S.C. 80b–2); 

6 ‘‘(II) a commodity pool, as de7 fined in section 1a of the Commodity 

8 Exchange Act (7 U.S.C. 1a); 

9 ‘‘(III) an investment company, as 

10 defined in section 3 of the Investment 

11 Company Act of 1940 (15 U.S.C. 

12 80a–3); or 

13 ‘‘(IV) an issuer that would be an 

14 investment company but for an ex15 emption provided in— 

16 ‘‘(aa) section 3(c) of the In17 vestment Company Act of 1940 

18 (15 U.S.C. 80a–3(c); or 

19 ‘‘(bb) section 270.3a–7 of 

20 title 17 of the Code of Federal 

21 Regulations or any similar suc22 cessor regulation. 

23 ‘‘(B) IN GENERAL.—Visas shall be avail24 able, in a number not to exceed 10,000 for each 

25 fiscal year, to qualified immigrants seeking to 


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1 enter the United States for the purpose of cre2 ating new businesses, as described in this para3 graph. 

4 ‘‘(C) ELIGIBILITY.—An alien is eligible for 

5 a visa under this paragraph if— 

6 ‘‘(i)(I) the alien is a qualified entre7 preneur; 

8 ‘‘(II) the alien maintained valid non9 immigrant status in the United States for 

10 at least 2 years; 

11 ‘‘(III) during the 3-year period ending 

12 on the date the alien files an initial peti13 tion for such status under this section— 

14 ‘‘(aa)(AA) the alien has a signifi15 cant ownership in a United States 

16 business entity that has created no 

17 fewer than 5 qualified jobs; and 

18 ‘‘(BB) a qualified venture capi19 talist, a qualified super angel investor, 

20 a qualified government entity, a quali21 fied community development financial 

22 institution, qualified startup accel23 erator, or such other entity or type of 

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1 tities or investors, has devoted a 

2 qualified investment or combination of 

3 qualified investments of not less than 

4 $500,000 in total to the alien’s 

5 United States business entity; or 

6 ‘‘(bb)(AA) the alien has a signifi7 cant ownership interest in a United 

8 States business entity that has cre9 ated no fewer than 5 qualified jobs; 

10 and 

11 ‘‘(BB) during the 2-year period 

12 ending on such date has generated not 

13 less than $750,000 in annual revenue 

14 within the United States; and 

15 ‘‘(IV) no more than 2 other aliens 

16 have received nonimmigrant status under 

17 this section on the basis of an alien’s own18 ership of such United States business enti19 ty; 

20 ‘‘(ii)(I) the alien is a qualified entre21 preneur; 

22 ‘‘(II) the alien maintained valid non23 immigrant status in the United States for 

24 at least 3 years prior to the date of filing 

25 an application for such status; 


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1 ‘‘(III) the alien holds an advanced de2 gree in a field of science, technology, engi3 neering, or mathematics, approved by the 

4 Secretary; and 

5 ‘‘(IV) during the 3-year period ending 

6 on the date the alien files an initial peti7 tion for such status under this section— 

8 ‘‘(aa)(AA) the alien has a signifi9 cant ownership interest in a United 

10 States business entity that has cre11 ated no fewer than 4 qualified jobs; 

12 and 

13 ‘‘(BB) a qualified venture capi14 talist, a qualified super angel investor, 

15 a qualified government entity, a quali16 fied community development financial 

17 institution, qualified startup accel18 erator, or such other entity or type of 

19 investors, as determined by the Sec20 retary, or any combination of such en21 tities or investors, has devoted a 

22 qualified investment or combination of 

23 qualified investments of not less than 

24 $500,000 in total to the alien’s 

25 United States business entity; or 


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1 ‘‘(bb)(AA) the alien has a signifi2 cant ownership interest in a United 

3 States business entity that has cre4 ated no fewer than 3 qualified jobs; 

5 and 

6 ‘‘(BB) during the 2-year period 

7 ending on such date has generated not 

8 less than $500,000 in annual revenue 

9 within the United States; and 

10 ‘‘(V) no more than 3 other aliens have 

11 received nonimmigrant status under this 

12 section on the basis of an alien’s ownership 

13 of such United States business entity. 

14 ‘‘(D) ATTESTATION.—The Secretary may 

15 require an alien seeking a visa under this para16 graph to attest, under penalties of perjury, to 

17 the alien’s qualifications.’’. 

18 SEC. 4803. ADMINISTRATION AND OVERSIGHT. 

19 (a) REGULATIONS.—Not later than 16 months after 

20 the date of the enactment of this Act, the Secretary, in 

21 consultation with the Secretary of Commerce, the Admin22 istrator of the Small Business Administration, and other 

23 heads of other relevant Federal agencies and departments, 

24 shall promulgate regulations to carry out the amendments 

25 made by this subtitle. Such regulations shall ensure that 


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1 such amendments are implemented in a manner that is 

2 consistent with the protection of national security and pro3 motion of United States economic growth, job creation, 

4 and competitiveness. 

5 (b) MODIFICATION OF DOLLAR AMOUNTS.— 

6 (1) IN GENERAL.—The Secretary may from 

7 time to time prescribe regulations increasing or de8 creasing any dollar amount specified in section 

9 203(b)(6) of the Immigration and Nationality Act, 

10 as added by section 4802, section 101(a)(15)(X) of 

11 such Act, as added by section 4801, or section 

12 214(s), as added by section 4801. 

13 (2) AUTOMATIC ADJUSTMENT.—Unless a dollar 

14 amount referred to in paragraph (1) is adjusted by 

15 the Secretary under paragraph (1), such dollar 

16 amount shall automatically adjust on January 1, 

17 2016, by the percentage change in the Consumer 

18 Price Index (CPI–U) during fiscal year 2015, and 

19 on every fifth subsequent January 1 by the percent20 age change in the CPI–U during the previous 5 fis21 cal years, for any petition filed to classify an alien 

22 under this paragraph on or after the date of each 

23 automatic adjustment. 

24 (c) OTHER AUTHORITY.—The Secretary, in the Sec25 retary’s unreviewable discretion, may deny or revoke the 


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1 approval of a petition seeking classification of an alien 

2 under paragraph (6) of section 203(b) of the Immigration 

3 and Nationality Act, as added by section 4802, or any 

4 other petition, application, or benefit based upon the pre5 vious or concurrent filing or approval of a petition for clas6 sification of an alien under such paragraph (6), if the Sec7 retary determines, in the Secretary’s sole and 

8 unreviewable discretion, that the approval or continuation 

9 of such petition, application, or benefit is contrary to the 

10 national interest of the United States or for other good 

11 cause. 

12 (d) REPORTS.—Once every 3 years, the Secretary 

13 shall submit to Congress a report on this subtitle and the 

14 amendments made by this subtitle. Each such report shall 

15 include— 

16 (1) the number and percentage of entrepreneurs 

17 able to meet thresholds for nonimmigrant renewal 

18 and adjustment to green card status under the 

19 amendments made by this subtitle; 

20 (2) an analysis of the program’s economic im21 pact including job and revenue creation, increased 

22 investments and growth within business sectors and 

23 regions; 


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1 (3) a description and breakdown of types of 

2 businesses that entrepreneurs granted nonimmigrant 

3 or immigrant status are creating; 

4 (4) for each report following the Secretary’s ini5 tial report submitted under this subsection, a de6 scription of the percentage of the businesses initially 

7 created by the entrepreneurs granted immigrant and 

8 nonimmigrant status under this subtitle and the 

9 amendments made by this subtitle, that are still in 

10 operation; and 

11 (5) any recommendations for improving the 

12 program established by this subtitle and the amend13 ments made by this subtitle. 

14 SEC. 4804. PERMANENT AUTHORIZATION OF EB–5 RE15 GIONAL CENTER PROGRAM. 

16 (a) REPEAL.—Section 610 of the Departments of 

17 Commerce, Justice, and State, the Judiciary, and Related 

18 Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) 

19 is repealed. 

20 (b) AUTHORIZATION.—Section 203(b)(5) (8 U.S.C. 

21 1153(b)(5)) is amended by adding at the end the fol22 lowing: 

23 ‘‘(E) REGIONAL CENTER PROGRAM.— 

24 ‘‘(i) IN GENERAL.—Visas under this 

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1 fied immigrants participating in a program 

2 implementing this paragraph that involves 

3 a regional center in the United States, 

4 which has been designated by the Sec5 retary of Homeland Security, in consulta6 tion with the Secretary of Commerce, on 

7 the basis of a general proposal for the pro8 motion of economic growth, including— 

9 ‘‘(I) increased export sales; 

10 ‘‘(II) improved regional produc11 tivity; 

12 ‘‘(III) job creation; or 

13 ‘‘(IV) increased domestic capital 

14 investment. 

15 ‘‘(ii) ESTABLISHMENT OF A REGIONAL

16 CENTER.—A regional center shall have ju17 risdiction over a defined geographic area, 

18 which shall be described in the proposal 

19 and consistent with the purpose of concen20 trating pooled investment in defined eco21 nomic zones. The establishment of a re22 gional center may be based on general pre23 dictions, contained in the proposal, con24 cerning— 


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1 ‘‘(I) the kinds of commercial en2 terprises that will receive investments 

3 from aliens; 

4 ‘‘(II) the jobs that will be created 

5 directly or indirectly as a result of 

6 such investments; and 

7 ‘‘(III) other positive economic ef8 fects such investments will have. 

9 ‘‘(iii) COMPLIANCE.—In determining 

10 compliance with subparagraph (A)(ii), the 

11 Secretary of Homeland Security shall per12 mit aliens admitted under the program de13 scribed in this subparagraph to establish 

14 reasonable methodologies for determining 

15 the number of jobs created by the pro16 gram, including jobs estimated to have 

17 been created indirectly through— 

18 ‘‘(I) revenues generated from in19 creased exports, improved regional 

20 productivity, job creation; or 

21 ‘‘(II) increased domestic capital 

22 investment resulting from the pro23 gram, including jobs created outside 

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1 grant’s investment in regional center2 affiliated commercial enterprises. 

3 ‘‘(iv) INDIRECT JOB CREATION.—The 

4 Secretary shall permit immigrants admit5 ted under this paragraph to satisfy the re6 quirements under subparagraph (A)(ii) 

7 with jobs that are estimated to be created 

8 indirectly through investment under this 

9 paragraph in accordance with this sub10 paragraph. 

11 ‘‘(F) PREAPPROVAL OF BUSINESS PLANS

12 FOR REGIONAL CENTER INVESTMENTS.— 

13 ‘‘(i) PETITION.—Before the filing of a 

14 petition under this subparagraph by an 

15 alien investor, a commercial enterprise af16 filiated with a regional center may file a 

17 petition with the Secretary of Homeland 

18 Security to preapprove a particular invest19 ment in the commercial enterprise, as pro20 vided in— 

21 ‘‘(I) a business plan for a specific 

22 capital investment project; 

23 ‘‘(II) investment documents, such 

24 as subscription, investment, partner25 ship, and operating agreements; and 


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1 ‘‘(III) a credible economic anal2 ysis regarding estimated job creation 

3 that is based upon reasonable meth4 odologies. 

5 ‘‘(ii) PREAPPROVAL PROCEDURE.— 

6 The Secretary shall establish a process to 

7 facilitate the preapproval of business plans 

8 under this subparagraph related to invest9 ment in a regional center commercial en10 terprise, which shall include an opportunity 

11 for the applicant to address and cure any 

12 deficiencies identified by the Secretary in 

13 the applicant’s business plan, investment 

14 documents, or statement regarding job cre15 ation prior to a final determination. The 

16 Secretary shall impose a fee for the use of 

17 the process described in this clause suffi18 cient to recover the costs of its administra19 tion. 

20 ‘‘(iii) EFFECT OF PREAPPROVAL OF

21 BUSINESS PLAN FOR INVESTMENT IN RE22 GIONAL CENTER COMMERCIAL ENTER23 PRISE.—The preapproval of a petition 

24 under this subparagraph shall be binding 

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1 tions filed under this subparagraph by im2 migrants investing in the commercial en3 terprise unless the Secretary determines 

4 that there is evidence of fraud, misrepre5 sentation, criminal misuse, a threat to na6 tional security, or other evidence affecting 

7 program eligibility that was not disclosed 

8 by the petitioner during the preapproval 

9 process. 

10 ‘‘(iv) EXPEDITED PROCESSING OPTION

11 FOR ALIEN INVESTOR PETITIONS AFFILI12 ATED WITH PREAPPROVED BUSINESS

13 PLANS.—The Secretary may establish a 

14 premium processing option for alien inves15 tors who are investing in a commercial en16 terprise that has received preapproval 

17 under this subparagraph and may impose 

18 a fee for the use of that option sufficient 

19 to recover all costs of the option. 

20 ‘‘(v) CONSIDERATION OF CRIMINAL

21 ACTIVITY IN ESTABLISHING ELIGIBILITY

22 CRITERIA.—The Secretary shall consider 

23 the potential for fraud, misrepresentation, 

24 criminal misuse, and threats to national 

25 security in establishing eligibility criteria 


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1 for any program the Secretary may estab2 lish under this subparagraph. 

3 ‘‘(G) REGIONAL CENTER FINANCIAL

4 STATEMENTS.— 

5 ‘‘(i) IN GENERAL.—Each regional cen6 ter designated under subparagraph (E) 

7 shall annually submit, to the Director of 

8 U.S. Citizenship and Immigration Services 

9 (referred to in this subparagraph as the 

10 ‘Director’), in a manner prescribed by the 

11 Secretary of Homeland Security, financial 

12 statements, including— 

13 ‘‘(I) an accounting of all foreign 

14 investor money invested through the 

15 regional center; and 

16 ‘‘(II) for each capital investment 

17 project— 

18 ‘‘(aa) an accounting of the 

19 aggregate capital invested 

20 through the regional center or af21 filiated commercial enterprises by 

22 immigrants under this para23 graph; 


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1 ‘‘(bb) a description of how 

2 such funds are being used to exe3 cute the approved business plan; 

4 ‘‘(cc) evidence that 100 per5 cent of such investor funds have 

6 been dedicated to the project; 

7 ‘‘(dd) detailed evidence of 

8 the progress made toward the 

9 completion of the project; 

10 ‘‘(ee) an accounting of the 

11 aggregate direct and indirect jobs 

12 created or preserved; and 

13 ‘‘(ff) a certification by the 

14 regional center that such state15 ments are accurate. 

16 ‘‘(ii) AMENDMENT OF FINANCIAL

17 STATEMENTS.—If the Director determines 

18 that a financial statement required under 

19 clause (i) is deficient, the Director may re20 quire the regional center to amend or sup21 plement such financial statement. 

22 ‘‘(iii) SANCTIONS.— 

23 ‘‘(I) EFFECT OF VIOLATION.—If 

24 the Director determines, after review25 ing the financial statements submitted 


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1 under clause (i), that a regional cen2 ter, director, or other individual in3 volved with a regional center (other 

4 than an alien investor) has violated 

5 any requirement under clause (i) or 

6 that the regional center is conducting 

7 itself in a manner inconsistent with its 

8 designation, the Director may sanc9 tion the violating entity or individual 

10 under subclause (II). 

11 ‘‘(II) AUTHORIZED SANCTIONS.— 

12 The Director shall establish a grad13 uated set of sanctions for violations 

14 referred to in subclause (I), includ15 ing— 

16 ‘‘(aa) fines equal to not 

17 more than 5 percent of the total 

18 capital invested by immigrant in19 vestors in the commercial enter20 prise’s approved business plan; 

21 ‘‘(bb) temporary suspension 

22 from participation in the pro23 gram described in subparagraph 

24 (E), which may be lifted by the 

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1 ty cures the alleged violation 

2 after being provided such an op3 portunity by the Director; 

4 ‘‘(cc) permanent bar from 

5 program participation for 1 or 

6 more individuals affiliated with 

7 the regional center; and 

8 ‘‘(dd) termination of re9 gional center status. 

10 ‘‘(H) BONA FIDES OF PERSONS INVOLVED

11 IN REGIONAL CENTERS.— 

12 ‘‘(i) IN GENERAL.—No person shall be 

13 permitted by any regional center to be in14 volved with the regional center as its prin15 cipal, representative, administrator, owner, 

16 officer, board member, manager, executive, 

17 general partner, fiduciary, marketer, pro18 moter, or other similar position of sub19 stantive authority for the operations, man20 agement or promotion of the regional cen21 ter if the Secretary of Homeland Secu22 rity— 

23 ‘‘(I) determines such person has 

24 been found liable within the previous 

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1 tion of any law relating to fraud or 

2 deceit, or at any time if such violation 

3 involved a criminal conviction with a 

4 term of imprisonment of at least 1 

5 year or a criminal or civil violation of 

6 any law or agency regulation in con7 nection with the purchase or sale of a 

8 security; or 

9 ‘‘(II) knows or has reasonable 

10 cause to believe that the person is en11 gaged in, has ever been engaged in, or 

12 seeks to engage in any— 

13 ‘‘(aa) illicit trafficking in 

14 any controlled substance; 

15 ‘‘(bb) activity relating to es16 pionage or sabotage; 

17 ‘‘(cc) activity related to 

18 money laundering (as described 

19 in section 1956 or 1957 of title 

20 18, United States Code); 

21 ‘‘(dd) terrorist activity (as 

22 defined in clauses (iii) and (iv) of 

23 section 212(a)(3)(B)); 

24 ‘‘(ee) human trafficking or 

25 human rights offense; or 


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1 ‘‘(ff) violation of any stat2 ute, regulation, or Executive 

3 Order regarding foreign financial 

4 transactions or foreign asset con5 trol. 

6 ‘‘(ii) INFORMATION REQUIRED.—The 

7 Secretary shall require such attestations 

8 and information, including, the submission 

9 of fingerprints to the Federal Bureau of 

10 Investigation, and shall perform such 

11 criminal record checks and other back12 ground checks with respect to a regional 

13 center, and persons involved in a regional 

14 center as described in clause (i), as the 

15 Secretary considers appropriate to deter16 mine whether the regional center is in com17 pliance with clause (i). The Secretary may 

18 require the information and attestations 

19 described in this clause from such regional 

20 center, and any person involved in the re21 gional center, at any time on or after the 

22 date of the enactment of the Border Secu23 rity, Economic Opportunity, and Immigra24 tion Modernization Act. 


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1 ‘‘(iii) TERMINATION.—The Secretary 

2 is authorized, in his or her unreviewable 

3 discretion, to terminate any regional center 

4 from the program under this paragraph if 

5 he or she determines that— 

6 ‘‘(I) the regional center is in vio7 lation of clause (i); 

8 ‘‘(II) the regional center or any 

9 person involved with the regional cen10 ter has provided any false attestation 

11 or information under clause (ii); 

12 ‘‘(III) the regional center or any 

13 person involved with the regional cen14 ter fails to provide an attestation or 

15 information requested by the Sec16 retary under clause (ii); or 

17 ‘‘(IV) the regional center or any 

18 person involved with the regional cen19 ter is engaged in fraud, misrepresen20 tation, criminal misuse, or threats to 

21 national security. 

22 ‘‘(I) REGIONAL CENTER COMPLIANCE

23 WITH SECURITIES LAWS.— 

24 ‘‘(i) CERTIFICATION REQUIRED.—The 

25 Secretary of Homeland Security shall not 


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1 approve an application for regional center 

2 designation or regional center amendment 

3 that does not certify that the regional cen4 ter and, to the best knowledge of the appli5 cant, all parties to the regional center are 

6 in, and will maintain, compliance with the 

7 securities laws of the United States. 

8 ‘‘(ii) TERMINATION OR SUSPEN9 SION.—The Secretary shall terminate the 

10 designation of any regional center that 

11 does not provide the certification described 

12 in subclause (i) on an annual basis. In ad13 dition to any other authority provided to 

14 the Secretary regarding the regional center 

15 program described in subparagraph (E), 

16 the Secretary may, in his or her 

17 unreviewable discretion, suspend or termi18 nate the designation of any regional center 

19 if he or she determines that the regional 

20 center or any party to the regional cen21 ter— 

22 ‘‘(I) is permanently or tempo23 rarily enjoined by order, judgment, or 

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1 risdiction in connection with the pur2 chase or sale of a security; 

3 ‘‘(II) is subject to any final order 

4 of the Securities and Exchange Com5 mission that— 

6 ‘‘(aa) bars such person from 

7 association with an entity regu8 lated by the Securities and Ex9 change Commission; or 

10 ‘‘(bb) constitutes a final 

11 order based on violations in con12 nection with the purchase or sale 

13 of a security; or 

14 ‘‘(III) knowingly submitted or 

15 caused to be submitted a certification 

16 described in clause (i) that contained 

17 an untrue statement of a material fact 

18 or omitted to state a material fact 

19 necessary in order to make the state20 ments made, in the light of the cir21 cumstances under which they were 

22 made, not misleading. 

23 ‘‘(iii) SAVINGS PROVISION.—Nothing 

24 in this subparagraph may be construed to 

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1 ties and Exchange Commission under the 

2 Federal securities laws. 

3 ‘‘(iv) DEFINED TERM.—For the pur4 pose of this subparagraph, the term ‘party 

5 to the regional center’ shall include the re6 gional center, its agents, employees, and 

7 attorneys, and any persons in active con8 cert or participation with the regional cen9 ter. 

10 ‘‘(J) DENIAL OR REVOCATION.—If the Sec11 retary of Homeland Security determines, in his 

12 or her unreviewable discretion, that the ap13 proval of a petition, application, or benefit de14 scribed in this subparagraph is contrary to the 

15 national interest of the United States for rea16 sons relating to fraud, misrepresentation, crimi17 nal misuse, or threats to national security, the 

18 Secretary may deny or revoke the approval of— 

19 ‘‘(i) a petition seeking classification of 

20 an alien as an alien investor under this 

21 paragraph; 

22 ‘‘(ii) a petition to remove conditions 

23 under section 216A before granting lawful 

24 permanent resident status or any other pe25 tition, application, or benefit based upon 


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1 the previous or concurrent filing or ap2 proval of a petition for classification of an 

3 alien under this paragraph; or 

4 ‘‘(iii) an application for designation as 

5 a regional center.’’. 

6 (c) ASSISTANCE BY THE SECRETARY OF COM7 MERCE.— 

8 (1) IN GENERAL.—The Secretary of Commerce, 

9 upon the request of the Secretary, shall provide con10 sultation assistance for determining whether— 

11 (A) a proposed regional center should be 

12 designated, terminated, or subject to other ad13 judicative action; or 

14 (B) a petitioner or applicant for a benefit 

15 under section 203(b)(5) of the Immigration and 

16 Nationality Act, as amended by subsection (b), 

17 has met the requirements under such paragraph 

18 with respect to job creation. 

19 (2) RULEMAKING.—The Secretary and the Sec20 retary of Commerce may each adopt such rules and 

21 regulations as are necessary to carry out the con22 sultation process provided for in paragraph (1). 

23 (3) SAVINGS PROVISION.—Nothing in this sub24 section shall be construed to require consultation 

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1 ignation of a regional center approved before the 

2 date of the enactment of this Act. 

3 (d) EFFECTIVE DATE.—The amendments made by 

4 this section— 

5 (1) shall be effective upon the enactment of this 

6 Act; and 

7 (2) shall apply to— 

8 (A) any application to designate a regional 

9 center, and any person involved with the re10 gional center, that is pending or approved on or 

11 after the date of the enactment of this Act; and 

12 (B) any regional center approved before 

13 the date of the enactment of this Act, on or 

14 after a delayed effective date that is 1 year 

15 after such date of enactment with respect to 

16 any person involved in the regional center on or 

17 after such delayed effective date. 

18 SEC. 4805. CONDITIONAL PERMANENT RESIDENT STATUS 

19 FOR CERTAIN EMPLOYMENT-BASED IMMI20 GRANTS, SPOUSES, AND CHILDREN. 

21 (a) IN GENERAL.—Section 216A (8 U.S.C. 1186b) 

22 is amended to read as follows: 


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1 ‘‘SEC. 216A. CONDITIONAL PERMANENT RESIDENT STATUS 

2 FOR CERTAIN EMPLOYMENT-BASED IMMI3 GRANTS, SPOUSES, AND CHILDREN. 

4 ‘‘(a) IN GENERAL.— 

5 ‘‘(1) CONDITIONAL BASIS FOR STATUS.—Not6 withstanding any other provision of this Act, em7 ployment-based immigrants (as defined in subsection 

8 (f) (1) or (2)), alien spouses, and alien children (as 

9 defined in subsection (f)(3)) shall be considered, at 

10 the time of obtaining the status of an alien lawfully 

11 admitted for permanent residence, to have obtained 

12 such status on a conditional basis subject to the pro13 visions of this section. 

14 ‘‘(2) NOTICE OF REQUIREMENTS.— 

15 ‘‘(A) AT TIME OF OBTAINING PERMANENT

16 RESIDENCE.—At the time an employment-based 

17 immigrant, alien spouse, or alien child obtains 

18 permanent resident status on a conditional 

19 basis under paragraph (1), the Secretary of 

20 Homeland Security shall provide for notice to 

21 the alien, spouse, or child respecting the provi22 sions of this section and the requirements of 

23 subsection (c)(1) to have the conditional basis 

24 of such status removed. 

25 ‘‘(B) AT TIME OF REQUIRED PETITION.— 

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1 rity shall attempt to provide notice to an em2 ployment-based immigrant, alien spouse, or 

3 alien child, at or about the beginning of the 90- 

4 day period described in subsection (d)(3), of the 

5 requirements of subsection (c)(1). 

6 ‘‘(C) EFFECT OF FAILURE TO PROVIDE

7 NOTICE.—The failure of the Secretary of 

8 Homeland Security to provide a notice under 

9 this paragraph shall not affect the enforcement 

10 of the provisions of this section with respect to 

11 an employment-based immigrant, alien spouse, 

12 or alien child. 

13 ‘‘(b) TERMINATION OF STATUS IF FINDING THAT

14 QUALIFYING EMPLOYMENT IMPROPER.— 

15 ‘‘(1) ALIEN INVESTOR.—In the case of an alien 

16 investor with permanent resident status on a condi17 tional basis under subsection (a), if the Secretary of 

18 Homeland Security determines, before the second 

19 anniversary of the alien’s obtaining the status of 

20 lawful admission for permanent residence, that— 

21 ‘‘(A) the investment in the commercial en22 terprise was intended as a means of evading the 

23 immigration laws of the United States; 


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1 ‘‘(B)(i) the alien did not invest, or was not 

2 actively in the process of investing, the requisite 

3 capital; or 

4 ‘‘(ii) the alien was not sustaining the ac5 tions described in clause (i) throughout the pe6 riod of the alien’s residence in the United 

7 States; or 

8 ‘‘(C) subject to the exception in subsection 

9 (d)(4), the alien was otherwise not conforming 

10 to the requirements under section 203(b)(5), 

11 the Secretary shall so notify the alien investor and, 

12 subject to paragraph (3), shall terminate the perma13 nent resident status of the alien (and the alien 

14 spouse and alien child) involved as of the date of the 

15 determination. 

16 ‘‘(2) EMPLOYEE OF A FEDERAL NATIONAL SE17 CURITY, SCIENCE, AND TECHNOLOGY LABORATORY, 

18 CENTER OR AGENCY.—In the case of an employee of 

19 a Federal national security, science, and technology 

20 laboratory, center, or agency (as defined pursuant to 

21 section 203(b)(2)(C)) with permanent resident sta22 tus on a conditional basis under subsection (a), if 

23 the Secretary of Homeland Security, in consultation 

24 with the relevant employing department or agency, 

25 determines, before the first anniversary of the alien’s 


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1 obtaining the status of lawful admission for perma2 nent residence, that— 

3 ‘‘(A) the qualifying employment was in4 tended as a means of evading the immigration 

5 laws of the United States; 

6 ‘‘(B) the alien has not completed or is not 

7 likely to complete 12 months of qualifying con8 tinuous employment; or 

9 ‘‘(C) the alien did not otherwise conform 

10 with the requirements of section 203(b)(2), 

11 the Secretary shall so notify the alien involved and, 

12 subject to paragraph (3), shall terminate the perma13 nent resident status of the alien (and the alien 

14 spouse and alien child) involved as of the date of the 

15 determination. 

16 ‘‘(3) HEARING IN REMOVAL PROCEEDING.—Any 

17 alien whose permanent resident status is terminated 

18 under paragraph (1) or (2) may request a review of 

19 such determination in a proceeding to remove the 

20 alien. In such proceeding, the burden of proof shall 

21 be on the Secretary of Homeland Security to estab22 lish, by a preponderance of the evidence, that a con23 dition described in paragraph (1) or (2), as appro24 priate, is met. 


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1 ‘‘(c) REQUIREMENTS OF TIMELY PETITION AND

2 INTERVIEW FOR REMOVAL OF CONDITION.— 

3 ‘‘(1) IN GENERAL.— 

4 ‘‘(A) PETITION AND INTERVIEW.—In order 

5 for the conditional basis established under sub6 section (a) for an employment-based immigrant, 

7 alien spouse, or alien child to be removed— 

8 ‘‘(i) the employment-based immigrant 

9 shall submit to the Secretary of Homeland 

10 Security, during the period described in 

11 subsection (d)(3), a petition which requests 

12 the removal of such conditional basis and 

13 which states, under penalty of perjury, the 

14 facts and information described in para15 graph (1) or (2) of subsection (d), as ap16 propriate; and 

17 ‘‘(ii) in accordance with subsection 

18 (d)(3), the employment-based immigrant 

19 must appear for a personal interview be20 fore an officer or employee of U.S. Citizen21 ship and Immigration Services respecting 

22 such facts and information. 

23 ‘‘(B) SEPARATE PETITION NOT RE24 QUIRED.—An alien spouse or alien child shall 

25 not be required to file separate petitions under 


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1 subparagraph (A)(i) if the employment-based 

2 immigrant’s petition includes such alien spouse 

3 or alien child. 

4 ‘‘(C) EFFECT ON SPOUSE OR CHILD.—If 

5 the alien spouse or alien child obtains perma6 nent residence on a conditional basis after the 

7 employment-based immigrant files a petition 

8 under subparagraph (A)(i)— 

9 ‘‘(i) the conditional basis of the per10 manent residence of the alien spouse or 

11 alien child shall be removed upon approval 

12 of the employment-based immigrant’s peti13 tion under this subsection; 

14 ‘‘(ii) the permanent residence of the 

15 alien spouse or alien child shall be uncon16 ditional if— 

17 ‘‘(I) the employment-based immi18 grant’s petition is approved before the 

19 date on which the spouse or child ob20 tains permanent residence; or 

21 ‘‘(II) the employment-based im22 migrant dies after the approval of a 

23 petition under section 203(b)(5); and 

24 ‘‘(iii) the alien child shall not be 

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1 tion 203(b)(5) or removal of conditions 

2 under this section if the alien child reaches 

3 21 years of age during— 

4 ‘‘(I) the pendency of the employ5 ment-based immigrant’s petition 

6 under section 203(b)(5); or 

7 ‘‘(II) conditional residency under 

8 such section. 

9 ‘‘(D) ADDITIONAL FEE.—Notwithstanding 

10 any other provision under this section, the Sec11 retary may require the employment-based immi12 grant to pay an additional fee for a petition 

13 filed under subparagraph (A)(i) that includes 

14 the alien’s spouse and child or children. 

15 ‘‘(2) TERMINATION OF PERMANENT RESIDENT

16 STATUS FOR FAILURE TO FILE PETITION OR HAVE

17 PERSONAL INTERVIEW.— 

18 ‘‘(A) IN GENERAL.—In the case of an alien 

19 with permanent resident status on a conditional 

20 basis under subsection (a), if— 

21 ‘‘(i) no petition is filed with respect to 

22 the alien in accordance with the provisions 

23 of paragraph (1)(A); or 

24 ‘‘(ii) unless there is good cause shown, 

25 the employment-based immigrant fails to 


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1 appear at the interview described in para2 graph (1)(B) (if required under subsection 

3 (d)(4)), 

4 the Secretary of Homeland Security shall termi5 nate the permanent resident status of the alien 

6 (and the alien’s spouse and children if it was 

7 obtained on a conditional basis under this sec8 tion or section 216) as of the second anniver9 sary of the alien’s lawful admission for perma10 nent residence. 

11 ‘‘(B) HEARING IN REMOVAL PRO12 CEEDING.—In any removal proceeding with re13 spect to an alien whose permanent resident sta14 tus is terminated under subparagraph (A), the 

15 burden of proof shall be on the alien to estab16 lish compliance with the conditions of para17 graphs (1)(A) and (1)(B). 

18 ‘‘(3) DETERMINATION AFTER PETITION AND

19 INTERVIEW.— 

20 ‘‘(A) IN GENERAL.—If— 

21 ‘‘(i) a petition is filed in accordance 

22 with the provisions of paragraph (1)(A); 

23 and 


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1 ‘‘(ii) the employment-based immigrant 

2 appears at any interview described in para3 graph (1)(B), 

4 the Secretary of Homeland Security shall make 

5 a determination, not later than 90 days after 

6 the date of such filing or interview (whichever 

7 is later), as to whether the facts and informa8 tion described in paragraph (1) or (2) of sub9 section (d), as appropriate, and alleged in the 

10 petition are true. 

11 ‘‘(B) REMOVAL OF CONDITIONAL BASIS IF

12 FAVORABLE DETERMINATION.— 

13 ‘‘(i) HEADER.—If the Secretary of 

14 Homeland Security determines with re15 spect to a petition filed by an alien inves16 tor that such facts and information are 

17 true, the Secretary shall so notify the alien 

18 investor and shall remove the conditional 

19 basis of the alien’s status effective as of 

20 the second anniversary of the alien’s lawful 

21 admission for permanent residence. 

22 ‘‘(ii) REMOVAL OF CONDITIONAL

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1 CY.—If the Secretary of Homeland Secu2 rity determines with respect to a petition 

3 filed by an employee of a Federal national 

4 security, science, and technology labora5 tory, center, or agency that such facts and 

6 information are true, the Secretary shall so 

7 notify the alien and shall remove the condi8 tional basis of the alien’s status effective 

9 as of the first anniversary of the alien’s 

10 lawful admission for permanent residence. 

11 ‘‘(C) TERMINATION IF ADVERSE DETER12 MINATION.—If the Secretary of Homeland Se13 curity determines that such facts and informa14 tion are not true, the Secretary shall so notify 

15 the alien involved and, subject to subparagraph 

16 (D), shall terminate the permanent resident 

17 status of an employment-based immigrant, alien 

18 spouse, or alien child as of the date of the de19 termination. 

20 ‘‘(D) HEARING IN REMOVAL PRO21 CEEDING.—Any alien whose permanent resident 

22 status is terminated under subparagraph (C) 

23 may request a review of such determination in 

24 a proceeding to remove the alien. In such pro25 ceeding, the burden of proof shall be on the 


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1 Secretary of Homeland Security to establish, by 

2 a preponderance of the evidence, that the facts 

3 and information described in subsection (d)(1) 

4 and alleged in the petition are not true. 

5 ‘‘(d) DETAILS OF PETITION AND INTERVIEW.— 

6 ‘‘(1) CONTENTS OF PETITION BY ALIEN INVES7 TOR.—Each petition filed by an alien investor under 

8 section (c)(1)(A) shall contain facts and information 

9 demonstrating that the alien— 

10 ‘‘(A)(i) invested, or is actively in the proc11 ess of investing, the requisite capital; and 

12 ‘‘(ii) sustained the actions described in 

13 clause (i) throughout the period of the alien’s 

14 residence in the United States; and 

15 ‘‘(B) except as provided in paragraph (4), 

16 is otherwise conforming to the requirements 

17 under section 203(b)(5). 

18 ‘‘(2) CONTENTS OF PETITION BY EMPLOYEE OF

19 A FEDERAL NATIONAL SECURITY, SCIENCE, AND

20 TECHNOLOGY LABORATORY, CENTER, OR AGENCY.— 

21 Each petition under subsection (c)(1)(A) filed by an 

22 employee of a Federal national security, science, and 

23 technology laboratory, center, or agency shall con24 tain facts and information demonstrating that the 


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1 alien is conforming to the requirements of section 

2 203(b)(2). 

3 ‘‘(3) PERIOD FOR FILING PETITION.— 

4 ‘‘(A) 90-DAY PERIOD BEFORE ANNIVER5 SARY.—Except as provided in subparagraph 

6 (B), the petition under subsection (c)(1)(A) 

7 must be filed as follows: 

8 ‘‘(i) In the case of an alien investor, 

9 during the 90-day period before the second 

10 anniversary of the alien’s lawful admission 

11 for permanent residence. 

12 ‘‘(ii) In the case of an employee of a 

13 Federal national security, science, and 

14 technology laboratory, center, or agency, 

15 during the 90-day period before the first 

16 anniversary of the alien’s lawful admission 

17 for permanent residence. 

18 ‘‘(B) LATE PETITIONS.—Such a petition 

19 may be considered if filed after such date, but 

20 only if the alien establishes to the satisfaction 

21 of the Secretary of Homeland Security good 

22 cause and extenuating circumstances for failure 

23 to file the petition during the period described 

24 in subparagraph (A). 


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1 ‘‘(C) FILING OF PETITIONS DURING RE2 MOVAL.—In the case of an alien who is the sub3 ject of removal hearings as a result of failure 

4 to file a petition on a timely basis in accordance 

5 with subparagraph (A), the Secretary of Home6 land Security may stay such removal pro7 ceedings against an alien pending the filing of 

8 the petition under subparagraph (B). 

9 ‘‘(4) PERSONAL INTERVIEW.—The interview 

10 under subsection (c)(1)(B) shall be conducted within 

11 90 days after the date of submitting a petition under 

12 subsection (c)(1)(A) and at a local office of U.S. 

13 Citizenship and Immigration Services, designated by 

14 the Secretary of Homeland Security, which is con15 venient to the parties involved. The Secretary, in the 

16 discretion of the Secretary, may waive the deadline 

17 for such an interview or the requirement for such an 

18 interview in such cases as may be appropriate. 

19 ‘‘(5) SPECIAL RULE FOR ALIEN INVESTORS IN

20 A REGIONAL CENTER.—Each petition under sub21 section (c)(1)(A) filed by an alien investor who in22 vests in accordance with section 203(b)(5)(E) shall 

23 contain facts and information demonstrating that 

24 the alien is complying with the requirements under 

25 section 203(b)(5), except— 


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1 ‘‘(A) the alien shall not be subject to the 

2 requirements under section 203(b)(5)(A)(ii); 

3 and 

4 ‘‘(B) the petition shall contain the most re5 cent financial statement filed by the regional 

6 center in which the alien has invested in accord7 ance with section 203(b)(5)(G). 

8 ‘‘(e) TREATMENT OF PERIOD FOR PURPOSES OF

9 NATURALIZATION.—For purposes of title III, in the case 

10 of an alien who is in the United States as a lawful perma11 nent resident on a conditional basis under this section, the 

12 alien shall be considered to have been admitted as an alien 

13 lawfully admitted for permanent residence and to be in 

14 the United States as an alien lawfully admitted to the 

15 United States for permanent residence, if the alien has 

16 had the conditional basis removed pursuant to this section. 

17 ‘‘(f) FRAUD, MISREPRESENTATION, CRIMINAL MIS18 USE, OR THREATS TO THE PUBLIC SAFETY OR NATIONAL

19 SECURITY.—If the Secretary of Homeland Security deter20 mines, in his or her sole and unreviewable discretion, that 

21 the conditional permanent resident status granted to an 

22 employment-based immigrant under subsection (a), or to 

23 an alien researcher described in section 203(b)(2)(A)(ii) 

24 is contrary to the national interest of the United States 

25 for reasons relating to fraud, misrepresentation, criminal 


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1 misuse, or threats to national security, the Secretary 

2 shall— 

3 ‘‘(1) notify the immigrant involved of such de4 termination; and 

5 ‘‘(2) terminate the permanent resident status of 

6 the immigrant involved (and the alien spouse and 

7 alien children of such immigrant) as of the date of 

8 such determination. 

9 ‘‘(g) DEFINITIONS.—In this section: 

10 ‘‘(1) The term ‘alien investor’ means an alien 

11 who obtains the status of an alien lawfully admitted 

12 for permanent residence (whether on a conditional 

13 basis or otherwise) under section 203(b)(5). 

14 ‘‘(2) The term ‘alien spouse’ and the term ‘alien 

15 child’ mean an alien who obtains the status of an 

16 alien lawfully admitted for permanent residence 

17 (whether on a conditional basis or otherwise) by vir18 tue of being the spouse or child, respectively, of an 

19 alien investor or an employee of a Federal national 

20 security, science, and technology laboratory, center, 

21 or agency. 

22 ‘‘(3) The term ‘commercial enterprise’ includes 

23 a limited partnership. 

24 ‘‘(4) The term ‘employment-based immigrant’ 

25 means an alien described in paragraph (1) or (5). 


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1 ‘‘(5) The term ‘employee of a Federal national 

2 security, science, and technology laboratory, center, 

3 or agency’ means an alien who obtains the status of 

4 an alien lawfully admitted for permanent residence 

5 (whether on a conditional basis or otherwise) under 

6 section 203(b)(2)(A)(ii).’’. 

7 (b) CONFORMING AMENDMENT.—Section 216(e) (8 

8 U.S.C. 1186a(e)) is amended by inserting before the pe9 riod at the end the following: ‘‘, if the alien has had the 

10 conditional basis removed pursuant to this section’’. 

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

12 is amended by striking the item relating to section 216A 

13 and inserting the following: 

‘‘Sec. 216A. Conditional permanent resident status for certain employmentbased immigrants, spouses, and children.’’. 

14 SEC. 4806. EB–5 VISA REFORMS. 

15 (a) ALIENS NOT SUBJECT TO DIRECT NUMERICAL

16 LIMITATION.—Section 201(b)(1) (8 U.S.C. 1151(b)(1)), 

17 as amended by sections 2103(c)(2), 2212(d)(2), 2307(b), 

18 and 2402, is further amended by adding at the end the 

19 following: 

20 ‘‘(P) Aliens who are the spouse or a child of an 

21 alien admitted as an employment-based immigrant 

22 under section 203(b)(5).’’. 

23 (b) TECHNICAL AMENDMENT.—Section 203(b)(5), as 

24 amended by this Act, is further amended by striking ‘‘AtVerDate Mar 15 2010 19:31 Jul 09, 2013 Jkt 029200 PO 00000 Frm 01160 Fmt 6652 Sfmt 6201 E:\BILLS\S744.PAP S744

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1 torney General’’ each place it appears and inserting ‘‘Sec2 retary of Homeland Security’’. 

3 (c) TARGETED EMPLOYMENT AREAS.— 

4 (1) IN GENERAL.—Section 203(b)(5)(B) (8 

5 U.S.C. 1153(b)(5)(B)) is amended to read as fol6 lows: 

7 ‘‘(B) SET-ASIDE FOR TARGETED EMPLOY8 MENT AREAS.— 

9 ‘‘(i) IN GENERAL.—Not fewer than 

10 5,000 of the visas made available under 

11 this paragraph in each fiscal year shall be 

12 reserved for qualified immigrants who in13 vest in a new commercial enterprise de14 scribed in subparagraph (A), which— 

15 ‘‘(I) is investing such capital in a 

16 targeted employment area; and 

17 ‘‘(II) will create employment in 

18 such targeted employment area. 

19 ‘‘(ii) DURATION OF HIGH UNEMPLOY20 MENT AND POVERTY AREA DESIGNA21 TION.—A designation of a high unemploy22 ment or poverty area as a targeted employ23 ment area shall be valid for 5 years and 

24 may be renewed for additional 5-year peri25 ods if the area continues to meet the defiVerDate Mar 15 2010 19:31 Jul 09, 2013 Jkt 029200 PO 00000 Frm 01161 Fmt 6652 Sfmt 6201 E:\BILLS\S744.PAP S744

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1 nition of a high unemployment or poverty 

2 area. An investor who has made the re3 quired amount of investment in such a tar4 geted employment area during its period of 

5 designation shall not be required to in6 crease the amount of investment based 

7 upon expiration of the designation.’’. 

8 (d) ADJUSTMENT OF MINIMUM EB–5 INVESTMENT

9 AMOUNT.—Section 203(b)(5)(C)(i) (8 U.S.C. 

10 1153(b)(5)(C)(i)) is amended— 

11 (1) by striking ‘‘The Attorney General’’ and in12 serting ‘‘The Secretary of Commerce’’; 

13 (2) by striking ‘‘Secretary of State’’ and insert14 ing ‘‘Secretary of Homeland Security’’; and 

15 (3) by adding at the end the following: ‘‘Unless 

16 adjusted by the Secretary of Commerce, the amount 

17 specified in this clause shall automatically adjust, on 

18 January 1, 2016, by the percentage change in the 

19 Consumer Price Index (CPI–U) during fiscal year 

20 2015, and on every fifth subsequent January 1 by 

21 the cumulative percentage change in the CPI–U dur22 ing the previous 5 fiscal years, for any petition filed 

23 to classify an alien under this paragraph on or after 

24 the date of each automatic adjustment.’’. 

25 (e) DEFINITIONS.— 


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1 (1) IN GENERAL.—Section 203(b)(5) (8 U.S.C. 

2 1153(b)(5)), as amended by subsections (b) and (c) 

3 and section 4804, is further amended— 

4 (A) by striking subparagraph (D) and in5 serting following: 

6 ‘‘(D) CALCULATION OF FULL-TIME EM7 PLOYMENT.—Job creation under this paragraph 

8 may consist of employment measured in full9 time equivalents, such as intermittent or sea10 sonal employment opportunities and construc11 tion jobs. A full-time employment position is 

12 not a requirement for indirect job creation.’’; 

13 and 

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

15 ‘‘(K) DEFINITIONS.—In this paragraph: 

16 ‘‘(i) The term ‘capital’ means all real, 

17 personal, or mixed assets, whether tangible 

18 or intangible, owned or controlled by the 

19 investor, or held in trust for the benefit of 

20 the investor, to which the investor has un21 restricted access, which shall be valued at 

22 fair market value in United States dollars, 

23 in accordance with Generally Accepted Ac24 counting Principles, at the time it is in25 vested under this paragraph. 


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1 ‘‘(ii) The term ‘full-time employment’ 

2 means employment in a position that re3 quires at least 35 hours of service per 

4 week, regardless of how many employees 

5 fill the position. 

6 ‘‘(iii) The term ‘high unemployment 

7 and poverty area’ means— 

8 ‘‘(I) an area consisting of a cen9 sus tract or contiguous census tracts 

10 that has an unemployment rate that 

11 is at least 150 percent of the national 

12 average unemployment rate and in13 cludes at least 1 census tract with 20 

14 percent of its residents living below 

15 the poverty level as determined by the 

16 Bureau of the Census; or 

17 ‘‘(II) an area that is within the 

18 boundaries established for purposes of 

19 a Federal or State economic develop20 ment incentive program, including 

21 areas defined as Enterprise Zones, 

22 Renewal Communities, Promise 

23 Zones, and Empowerment Zones. 

24 ‘‘(iv) The term ‘rural area’ means— 


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1 ‘‘(I) any area other than an area 

2 within a metropolitan statistical area 

3 or within the outer boundary of any 

4 city or town having a population of 

5 20,000 or more (based on the most 

6 recent decennial census of the United 

7 States); or 

8 ‘‘(II) any city or town having a 

9 population of fewer than 20,000 

10 (based on the most recent decennial 

11 census of the United States) that is 

12 located within a State having a popu13 lation of fewer than 1,500,000 (based 

14 on the most recent decennial census of 

15 the United States). 

16 ‘‘(v) The term ‘targeted employment 

17 area’ means a rural area or a high unem18 ployment and poverty area.’’. 

19 (2) EFFECTIVE DATE.—The amendment made 

20 by paragraph (1) shall apply to any application for 

21 a visa under section 203(b)(5) of the Immigration 

22 and Nationality Act that is filed on or after the date 

23 that is 1 year after the date of the enactment of this 

24 Act. 


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1 (f) AGE DETERMINATION FOR CHILDREN OF ALIEN

2 INVESTORS.—Section 203(h) (8 U.S.C. 1153(h)) is 

3 amended by adding at the end the following: 

4 ‘‘(5) AGE DETERMINATION FOR CHILDREN OF

5 ALIEN INVESTORS.—An alien admitted under sub6 section (d) as a lawful permanent resident on a con7 ditional basis as the child of an alien lawfully admit8 ted for permanent residence under subsection (b)(5), 

9 whose lawful permanent resident status on a condi10 tional basis is terminated under section 216A, shall 

11 continue to be considered a child of the principal 

12 alien for the purpose of a subsequent immigrant pe13 tition by such alien under subsection (b)(5) if the 

14 alien remains unmarried and the subsequent petition 

15 is filed by the principal alien not later than 1 year 

16 after the termination of conditional lawful perma17 nent resident status. No alien shall be considered a 

18 child under this paragraph with respect to more 

19 than 1 petition filed after the alien’s 21st birth20 day.’’. 

21 (g) ENHANCED PAY SCALE FOR CERTAIN FEDERAL

22 EMPLOYEES ADMINISTERING THE EB–5 PROGRAM.—The 

23 Secretary may establish, fix the compensation of, and ap24 point individuals to, designated critical administrative, 

25 technical, and professional positions needed to administer 


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1 sections 203(b)(5) and 216A of the Immigration and Na2 tionality Act (8 U.S.C. 1153(b)(5) and 1186b). 

3 (h) DELEGATION OF CERTAIN EB–5 AUTHORITY.— 

4 (1) IN GENERAL.—The Secretary of Homeland 

5 Security may delegate to the Secretary of Commerce 

6 authority and responsibility for determinations 

7 under sections 203(b)(5) and 216A (with respect to 

8 alien entrepreneurs) of the Immigration and Nation9 ality Act (8 U.S.C. 1153(b)(5) and 1186a), includ10 ing determining whether an alien has met employ11 ment creation requirements. 

12 (2) REGULATIONS.—The Secretary of Home13 land Security and the Secretary of Commerce may 

14 each adopt such rules and regulations as are nec15 essary to carry out the delegation authorized under 

16 paragraph (1), including regulations governing the 

17 eligibility criteria for obtaining benefits pursuant to 

18 the amendments made by this section. 

19 (3) USE OF FEES.—Adjudication fees described 

20 in section 286(m) of the Immigration and Nation21 ality Act (8 U.S.C. 1356(m)) shall remain available 

22 until expended to reimburse the Secretary of Com23 merce for the costs of any determinations made by 

24 the Secretary of Commerce under paragraph (1). 


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1 (i) CONCURRENT FILING OF EB–5 PETITIONS AND

2 APPLICATIONS FOR ADJUSTMENT OF STATUS.—Section 

3 245 (8 U.S.C. 1255), as amended by section 4237(b), is 

4 further amended— 

5 (1) in subsection (k), in the matter preceding 

6 paragraph (1), by striking ‘‘or (3)’’ and inserting 

7 ‘‘(3), (5), or (7)’’; and 

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

9 ‘‘(o) At the time a petition is filed for classification 

10 under section 203(b)(5), if the approval of such petition 

11 would make a visa immediately available to the alien bene12 ficiary, the alien beneficiary’s application for adjustment 

13 of status under this section shall be considered to be prop14 erly filed whether the application is submitted concur15 rently with, or subsequent to, the visa petition.’’. 

16 SEC. 4807. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) FUNDING.—There are authorized to be appro18 priated from the Trust Fund established under section 

19 6(a) such sums as may be necessary to carry out sections 

20 1110, 2101, 2104, 2212, 2213, 2221, 2232, 3301, 3501, 

21 3502, 3503, 3504, 3505, 3506, 3605, 3610, 4221, and 

22 4401 of this Act. 

23 (b) AVAILABILITY OF FUNDS.—Amounts appro24 priated pursuant to this section shall remain available 

25 until expended unless otherwise specified in this Act. 


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1 Subtitle I—Student and Exchange 

2 Visitor Programs 

3 SEC. 4901. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Student Visa In5 tegrity Act’’. 

6 SEC. 4902. SEVIS AND SEVP DEFINED. 

7 In this subtitle: 

8 (1) SEVIS.—The term ‘‘SEVIS’’ means the 

9 Student and Exchange Visitor Information System 

10 of the Department of Homeland Security. 

11 (2) SEVP.—The term ‘‘SEVP’’ means the Stu12 dent and Exchange Visitor Program of the Depart13 ment of Homeland Security. 

14 SEC. 4903. INCREASED CRIMINAL PENALTIES. 

15 Section 1546(a) of title 18, United States Code, is 

16 amended by striking ‘‘10 years’’ and inserting ‘‘15 years 

17 (if the offense was committed by an owner, official, em18 ployee, or agent of an educational institution with respect 

19 to such institution’s participation in the Student and Ex20 change Visitor Program), 10 years’’. 

21 SEC. 4904. ACCREDITATION REQUIREMENT. 

22 Section 101(a)(52) (8 U.S.C. 1101(a)(52)) is amend23 ed to read as follows: 

24 ‘‘(52) Except as provided in section 214(m)(4), the 

25 term ‘accredited college, university, or language training 


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1 program’ means a college, university, or language training 

2 program that is accredited by an accrediting agency recog3 nized by the Secretary of Education.’’. 

4 SEC. 4905. OTHER ACADEMIC INSTITUTIONS. 

5 Section 214(m) (8 U.S.C. 1184(m)) is amended by 

6 adding at the end the following: 

7 ‘‘(3) The Secretary of Homeland Security shall re8 quire accreditation of an academic institution (except for 

9 seminaries or other religious institutions) for purposes of 

10 section 101(a)(15)(F) if— 

11 ‘‘(A) that institution is not already required to 

12 be accredited under section 101(a)(15)(F)(i); and 

13 ‘‘(B) an appropriate accrediting agency recog14 nized by the Secretary of Education is able to pro15 vide such accreditation. 

16 ‘‘(4) The Secretary of Homeland Security, in the Sec17 retary’s discretion, may waive the accreditation require18 ment in section 101(a)(15)(F)(i) with respect to an ac19 credited college, university, or language training program 

20 if the academic institution— 

21 ‘‘(A) is otherwise in compliance with the re22 quirements of such section; and 

23 ‘‘(B) is, on the date of the enactment of the Il24 legal Immigration Reform and Immigrant Responsi25 bility Act of 1996, a candidate for accreditation or, 


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1 after such date, has been a candidate for accredita2 tion for at least 1 year and continues to progress to3 ward accreditation by an accreditation agency recog4 nized by the Secretary of Education.’’. 

5 SEC. 4906. PENALTIES FOR FAILURE TO COMPLY WITH 

6 SEVIS REPORTING REQUIREMENTS. 

7 Section 641 of the Illegal Immigration Reform and 

8 Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is 

9 amended— 

10 (1) in subsection (c)(1)— 

11 (A) by striking ‘‘institution,,’’ each place it 

12 appears and inserting ‘‘institution,’’; and 

13 (B) in subparagraph (D), by striking 

14 ‘‘and’’ at the end; 

15 (2) in subsection (d)(2), by striking ‘‘fails to 

16 provide the specified information’’ and all that fol17 lows and inserting ‘‘does not comply with the report18 ing requirements set forth in this section, the Sec19 retary of Homeland Security may— 

20 ‘‘(A) impose a monetary fine on such insti21 tution in an amount to be determined by the 

22 Secretary; and 

23 ‘‘(B) suspend the authority of such institu24 tion to issue a Form I–20 to any alien.’’. 


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1 SEC. 4907. VISA FRAUD. 

2 (a) IMMEDIATE WITHDRAWAL OF SEVP CERTIFI3 CATION.—Section 641(d) of the Illegal Immigration Re4 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 

5 1372(d)) is amended— 

6 (1) in paragraph (1)(A), by striking ‘‘institu7 tion,,’’ and inserting ‘‘institution,’’; and 

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

9 ‘‘(3) EFFECT OF REASONABLE SUSPICION OF

10 FRAUD.—If the Secretary of Homeland Security has 

11 reasonable suspicion that an owner of, or a des12 ignated school official at, an approved institution of 

13 higher education, an other approved educational in14 stitution, or a designated exchange visitor program 

15 has committed fraud or attempted to commit fraud 

16 relating to any aspect of the Student and Exchange 

17 Visitor Program, or if such owner or designated 

18 school official is indicted for such fraud, the Sec19 retary may immediately— 

20 ‘‘(A) suspend such certification without 

21 prior notification; and 

22 ‘‘(B) suspend such official’s or such 

23 school’s access to the Student and Exchange 

24 Visitor Information System (SEVIS).’’. 

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1 grant Responsibility Act of 1996, as amended by sub2 section (a), is further amended by adding at the end the 

3 following: 

4 ‘‘(5) PERMANENT DISQUALIFICATION FOR

5 FRAUD.—A designated school official at, or an owner 

6 of, an approved institution of higher education, an 

7 other approved educational institution, or a des8 ignated exchange visitor program who is convicted 

9 for fraud relating to any aspect of the Student and 

10 Exchange Visitor Program shall be permanently dis11 qualified from filing future petitions and from hav12 ing an ownership interest or a management role (in13 cluding serving as a principal, owner, officer, board 

14 member, general partner, designated school official, 

15 or any other position of substantive authority for the 

16 operations or management of the institution) in any 

17 United States educational institution that enrolls 

18 nonimmigrant alien students described in subpara19 graph (F) or (M) of section 101(a)(15) of the Immi20 gration and Nationality Act (8 U.S.C. 

21 1101(a)(15)).’’. 

22 SEC. 4908. BACKGROUND CHECKS. 

23 (a) IN GENERAL.—Section 641(d) of the Illegal Im24 migration Reform and Immigrant Responsibility Act of 

25 1996 (8 U.S.C. 1372(d)), as amended by section 4907 of 


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1 this Act, is further amended by adding at the end the fol2 lowing: 

3 ‘‘(6) BACKGROUND CHECK REQUIREMENT.— 

4 ‘‘(A) IN GENERAL.—An individual may not 

5 serve as a designated school official or be grant6 ed access to SEVIS unless the individual is a 

7 national of the United States or an alien law8 fully admitted for permanent residence and dur9 ing the most recent 3-year period— 

10 ‘‘(i) the Secretary of Homeland Secu11 rity has— 

12 ‘‘(I) conducted a thorough back13 ground check on the individual, in14 cluding a review of the individual’s 

15 criminal and sex offender history and 

16 the verification of the individual’s im17 migration status; and 

18 ‘‘(II) determined that the indi19 vidual— 

20 ‘‘(aa) has not been convicted 

21 of any violation of United States 

22 immigration law; and 

23 ‘‘(bb) is not a risk to the na24 tional security of the United 

25 States; and 


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1 ‘‘(ii) the individual has successfully 

2 completed an on-line training course on 

3 SEVP and SEVIS, which has been devel4 oped by the Secretary. 

5 ‘‘(B) INTERIM DESIGNATED SCHOOL OFFI6 CIAL.— 

7 ‘‘(i) IN GENERAL.—An individual may 

8 serve as an interim designated school offi9 cial during the period that the Secretary is 

10 conducting the background check required 

11 by subparagraph (A)(i)(I). 

12 ‘‘(ii) REVIEWS BY THE SECRETARY.— 

13 If an individual serving as an interim des14 ignated school official under clause (i) does 

15 not successfully complete the background 

16 check required by subparagraph (A)(i)(I), 

17 the Secretary shall review each Form I–20 

18 issued by such interim designated school 

19 official. 

20 ‘‘(7) FEE.—The Secretary is authorized to col21 lect a fee from an approved school for each back22 ground check conducted under paragraph (6)(A)(i). 

23 The amount of such fee shall be equal to the average 

24 amount expended by the Secretary to conduct such 

25 background checks.’’. 


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

2 subsection (a) shall take effect on the date that is 1 year 

3 after the date of the enactment of this Act. 

4 SEC. 4909. REVOCATION OF AUTHORITY TO ISSUE FORM I– 

5 20 OF FLIGHT SCHOOLS NOT CERTIFIED BY 

6 THE FEDERAL AVIATION ADMINISTRATION. 

7 Immediately upon the enactment of this Act, the Sec8 retary shall prohibit any flight school in the United States 

9 from accessing SEVIS or issuing a Form I–20 to an alien 

10 seeking a student visa pursuant to subparagraph (F)(i) 

11 or (M)(i) of section 101(a)(15) of the Immigration and 

12 Nationality Act (8 U.S.C. 1101(a)(15)) if the flight school 

13 has not been certified to the satisfaction of the Secretary 

14 and by the Federal Aviation Administration pursuant to 

15 part 141 or part 142 of title 14, Code of Federal Regula16 tions (or similar successor regulations). 

17 SEC. 4910. REVOCATION OF ACCREDITATION. 

18 At the time an accrediting agency or association is 

19 required to notify the Secretary of Education and the ap20 propriate State licensing or authorizing agency of the final 

21 denial, withdrawal, suspension, or termination of accredi22 tation of an institution pursuant to section 496 of the 

23 Higher Education Act of 1965 (20 U.S.C. 1099b), such 

24 accrediting agency or association shall notify the Secretary 

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1 retary of Homeland Security shall immediately withdraw 

2 the school from the SEVP and prohibit the school from 

3 accessing SEVIS. 

4 SEC. 4911. REPORT ON RISK ASSESSMENT. 

5 Not later than 180 days after the date of the enact6 ment of this Act, the Secretary shall submit to the Com7 mittee on the Judiciary of the Senate and the Committee 

8 on the Judiciary of the House of Representatives a report 

9 that contains the risk assessment strategy that will be em10 ployed by the Secretary to identify, investigate, and take 

11 appropriate action against schools and school officials that 

12 are facilitating the issuance of Form I–20 and the mainte13 nance of student visa status in violation of the immigra14 tion laws of the United States. 

15 SEC. 4912. IMPLEMENTATION OF GAO RECOMMENDATIONS. 

16 Not later than 180 days after the date of the enact17 ment of this Act, the Secretary shall submit to the Com18 mittee on the Judiciary of the Senate and the Committee 

19 on the Judiciary of the House of Representatives a report 

20 that describes— 

21 (1) the process in place to identify and assess 

22 risks in the SEVP; 

23 (2) a risk assessment process to allocate 

24 SEVP’s resources based on risk; 


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1 (3) the procedures in place for consistently en2 suring a school’s eligibility, including consistently 

3 verifying in lieu of letters; 

4 (4) how SEVP identified and addressed missing 

5 school case files; 

6 (5) a plan to develop and implement a process 

7 to monitor State licensing and accreditation status 

8 of all SEVP-certified schools; 

9 (6) whether all flight schools that have not been 

10 certified to the satisfaction of the Secretary and by 

11 the Federal Aviation Administration have been re12 moved from the program and have been restricted 

13 from accessing SEVIS; 

14 (7) the standard operating procedures that gov15 ern coordination among SEVP, Counterterrorism 

16 and Criminal Exploitation Unit, and U.S. Immigra17 tion and Customs Enforcement field offices; and 

18 (8) the established criteria for referring cases of 

19 a potentially criminal nature from SEVP to the 

20 counterterrorism and intelligence community. 

21 SEC. 4913. IMPLEMENTATION OF SEVIS II. 

22 Not later than 2 years after the date of the enact23 ment of this Act, the Secretary shall complete the deploy24 ment of both phases of the second generation Student and 


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1 Exchange Visitor Information System (commonly known 

2 as ‘‘SEVIS II’’). 

3 TITLE V—JOBS FOR YOUTH 

4 SEC. 5101. DEFINITIONS. 

5 In this title: 

6 (1) CHIEF ELECTED OFFICIAL.—The term 

7 ‘‘chief elected official’’ means the chief elected execu8 tive officer of a unit of local government in a local 

9 workforce investment area or in the case in which 

10 such an area includes more than one unit of general 

11 government, the individuals designated under an 

12 agreement described in section 117(c)(1)(B) of the 

13 Workforce Investment Act of 1998 (29 U.S.C. 

14 2832(c)(1)(B)). 

15 (2) LOCAL WORKFORCE INVESTMENT AREA.— 

16 The term ‘‘local workforce investment area’’ means 

17 such area designated under section 116 of the Work18 force Investment Act of 1998 (29 U.S.C. 2831). 

19 (3) LOCAL WORKFORCE INVESTMENT BOARD.— 

20 The term ‘‘local workforce investment board’’ means 

21 such board established under section 117 of the 

22 Workforce Investment Act of 1998 (29 U.S.C. 

23 2832). 

24 (4) LOW-INCOME YOUTH.—The term ‘‘low-in25 come youth’’ means an individual who— 


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1 (A) is not younger than 16 but is younger 

2 than 25; 

3 (B) meets the definition of a low-income 

4 individual provided in section 101(25) of the 

5 Workforce Investment Act of 1998 (29 U.S.C. 

6 2801(25)), except that States and local work7 force investment areas, subject to approval in 

8 the applicable State plans and local plans, may 

9 increase the income level specified in subpara10 graph (B)(i) of such section to an amount not 

11 in excess of 200 percent of the poverty line for 

12 purposes of determining eligibility for participa13 tion in activities under section 5103; and 

14 (C) is in one or more of the categories 

15 specified in section 101(13)(C) of the Work16 force Investment Act of 1998 (29 U.S.C. 

17 2801(13)(C)). 

18 (5) POVERTY LINE.—The term ‘‘poverty line’’ 

19 means a poverty line as defined in section 673 of the 

20 Community Services Block Grant Act (42 U.S.C. 

21 9902), applicable to a family of the size involved. 

22 (6) STATE.—The term ‘‘State’’ means each of 

23 the several States of the United States, and the Dis24 trict of Columbia. 


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1 SEC. 5102. ESTABLISHMENT OF YOUTH JOBS FUND. 

2 (a) ESTABLISHMENT.—There is established in the 

3 Treasury of the United States an account that shall be 

4 known as the Youth Jobs Fund (referred to in this title 

5 as ‘‘the Fund’’). 

6 (b) DEPOSITS INTO THE FUND.—Out of any 

7 amounts in the Treasury not otherwise appropriated, there 

8 is appropriated $1,500,000,000 for fiscal year 2014, 

9 which shall be paid to the Fund, to be used by the Sec10 retary of Labor to carry out this title. 

11 (c) AVAILABILITY OF FUNDS.—Of the amounts de12 posited into the Fund under subsection (b), the Secretary 

13 of Labor shall allocate $1,500,000,000 to provide summer 

14 and year-round employment opportunities to low-income 

15 youth in accordance with section 5103. 

16 (d) PERIOD OF AVAILABILITY.—The amounts appro17 priated under this title shall be available for obligation by 

18 the Secretary of Labor until December 31, 2014, and shall 

19 be available for expenditure by grantees (including sub20 grantees) until September 30, 2015. 

21 SEC. 5103. SUMMER EMPLOYMENT AND YEAR-ROUND EM22 PLOYMENT OPPORTUNITIES FOR LOW-IN23 COME YOUTH. 

24 (a) IN GENERAL.—From the funds available under 

25 section 5102(c), the Secretary of Labor shall make an al26 lotment under subsection (c) to each State that has a 


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1 modification to a State plan approved under section 112 

2 of the Workforce Investment Act of 1998 (29 U.S.C. 

3 2822) (referred to in this section as a ‘‘State plan modi4 fication’’) (or other State request for funds specified in 

5 guidance under subsection (b)) approved under subsection 

6 (d) and recipient under section 166(c) of the Workforce 

7 Investment Act of 1998 (29 U.S.C. 2911(c)) (referred to 

8 in this section as a ‘‘Native American grantee’’) that 

9 meets the requirements of this section, for the purpose of 

10 providing summer employment and year-round employ11 ment opportunities to low-income youth. 

12 (b) GUIDANCE AND APPLICATION OF REQUIRE13 MENTS.— 

14 (1) GUIDANCE.—Not later than 20 days after 

15 the date of enactment of this Act, the Secretary of 

16 Labor shall issue guidance regarding the implemen17 tation of this section. 

18 (2) PROCEDURES.—Such guidance shall, con19 sistent with this section, include procedures for— 

20 (A) the submission and approval of State 

21 plan modifications, for such other forms of re22 quests for funds by the State as may be identi23 fied in such guidance, for modifications to local 

24 plans approved under section 118 of the Work25 force Investment Act of 1998 (29 U.S.C. 2833) 


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1 (referred to individually in this section as a 

2 ‘‘local plan modification’’), or for such other 

3 forms of requests for funds by local workforce 

4 investment areas as may be identified in such 

5 guidance, that promote the expeditious and ef6 fective implementation of the activities author7 ized under this section; and 

8 (B) the allotment and allocation of funds, 

9 including reallotment and reallocation of such 

10 funds, that promote such implementation. 

11 (3) REQUIREMENTS.—Except as otherwise pro12 vided in the guidance described in paragraph (1) 

13 and in this section and other provisions of this title, 

14 the funds provided for activities under this section 

15 shall be administered in accordance with the provi16 sions of subtitles B and E of title I of the Workforce 

17 Investment Act of 1998 (29 U.S.C. 2811 et seq., 

18 2911 et seq.) relating to youth activities. 

19 (c) STATE ALLOTMENTS.— 

20 (1) IN GENERAL.—Using the funds described in 

21 subsection (a), the Secretary of Labor shall allot to 

22 each State the total of the amounts assigned to the 

23 State under subparagraphs (A) and (B) of para24 graph (2). 

25 (2) ASSIGNMENTS TO STATES.— 


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1 (A) MINIMUM AMOUNTS.—Using funds de2 scribed in subsection (a), the Secretary of 

3 Labor shall assign to each State an amount 

equal to 1 4 ⁄2 of 1 percent of such funds. 

5 (B) FORMULA AMOUNTS.—The Secretary 

6 of Labor shall assign the remainder of the 

7 funds described in subsection (a) among the 

8 States by assigning— 

(i) 331 9 ⁄3 percent on the basis of the 

10 relative number of individuals in the civil11 ian labor force who are not younger than 

12 16 but younger than 25 in each State, 

13 compared to the total number of individ14 uals in the civilian labor force who are not 

15 younger than 16 but younger than 25 in 

16 all States; 

(ii) 331 17 ⁄3 percent on the basis of the 

18 relative number of unemployed individuals 

19 in each State, compared to the total num20 ber of unemployed individuals in all States; 

21 and 

(iii) 331 22 ⁄3 on the basis of the relative 

23 number of disadvantaged young adults and 

24 youth in each State, compared to the total 


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1 number of disadvantaged young adults and 

2 youth in all States. 

3 (3) REALLOTMENT.—If the Governor of a State 

4 does not submit a State plan modification or other 

5 State request for funds specified in guidance under 

6 subsection (b) by the date specified in subsection 

7 (d)(2)(A), or a State does not receive approval of 

8 such State plan modification or request, the amount 

9 the State would have been eligible to receive pursu10 ant to paragraph (1) shall be allocated to States 

11 that receive approval of State plan modifications or 

12 requests specified in the guidance. Each such State 

13 shall receive a share of the total amount available 

14 for reallotment under this paragraph, in accordance 

15 with the State’s share of the total amount allotted 

16 under paragraph (1) to such State. 

17 (4) DEFINITIONS.—For purposes of paragraph 

18 (2), the term ‘‘disadvantaged young adult or youth’’ 

19 means an individual who is not younger than 16 but 

20 is younger than 25 who received an income, or is a 

21 member of a family that received a total family in22 come, that, in relation to family size, does not exceed 

23 the higher of— 

24 (A) the poverty line; or 


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1 (B) 70 percent of the lower living standard 

2 income level. 

3 (d) STATE PLAN MODIFICATION.— 

4 (1) IN GENERAL.—For a State to be eligible to 

5 receive an allotment of funds under subsection (c), 

6 the Governor of the State shall submit to the Sec7 retary of Labor a State plan modification, or other 

8 State request for funds specified in guidance under 

9 subsection (b), in such form and containing such in10 formation as the Secretary may require. At a min11 imum, such State plan modification or request shall 

12 include— 

13 (A) a description of the strategies and ac14 tivities to be carried out to provide summer em15 ployment opportunities and year-round employ16 ment opportunities, including linkages to train17 ing and educational activities, consistent with 

18 subsection (f); 

19 (B) a description of the requirements the 

20 State will apply relating to the eligibility of low21 income youth, consistent with section 5101(4), 

22 for summer employment opportunities and year23 round employment opportunities, which require24 ments may include criteria to target assistance 

25 to particular categories of such low-income 


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1 youth, such as youth with disabilities, con2 sistent with subsection (f); 

3 (C) a description of the performance out4 comes to be achieved by the State through the 

5 activities carried out under this section and the 

6 processes the State will use to track perform7 ance, consistent with guidance provided by the 

8 Secretary of Labor regarding such outcomes 

9 and processes and with section 5104(b); 

10 (D) a description of the timelines for im11 plementation of the strategies and activities de12 scribed in subparagraph (A), and the number of 

13 low-income youth expected to be placed in sum14 mer employment opportunities, and year-round 

15 employment opportunities, respectively, by 

16 quarter; 

17 (E) assurances that the State will report 

18 such information, relating to fiscal, perform19 ance, and other matters, as the Secretary may 

20 require and as the Secretary determines is nec21 essary to effectively monitor the activities car22 ried out under this section; 

23 (F) assurances that the State will ensure 

24 compliance with the requirements, restrictions, 


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1 labor standards, and other provisions described 

2 in section 5104(a); and 

3 (G) if a local board and chief elected offi4 cial in the State will provide employment oppor5 tunities with the link to training and edu6 cational activities described in subsection 

7 (f)(2)(B), a description of how the training and 

8 educational activities will lead to the industry9 recognized credential involved. 

10 (2) SUBMISSION AND APPROVAL OF STATE

11 PLAN MODIFICATION OR REQUEST.— 

12 (A) SUBMISSION.—The Governor shall 

13 submit the State plan modification or other 

14 State request for funds specified in guidance 

15 under subsection (b) to the Secretary of Labor 

16 not later than 30 days after the issuance of 

17 such guidance. 

18 (B) APPROVAL.—The Secretary of Labor 

19 shall approve the State plan modification or re20 quest submitted under subparagraph (A) within 

21 30 days after submission, unless the Secretary 

22 determines that the plan or request is incon23 sistent with the requirements of this section. If 

24 the Secretary has not made a determination 

25 within that 30-day period, the plan or request 


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1 shall be considered to be approved. If the plan 

2 or request is disapproved, the Secretary may 

3 provide a reasonable period of time in which the 

4 plan or request may be amended and resub5 mitted for approval. If the plan or request is 

6 approved, the Secretary shall allot funds to the 

7 State under subsection (c) within 30 days after 

8 such approval. 

9 (3) MODIFICATIONS TO STATE PLAN OR RE10 QUEST.—The Governor may submit further modi11 fications to a State plan modification or other State 

12 request for funds specified under subsection (b), 

13 consistent with the requirements of this section. 

14 (e) WITHIN-STATE ALLOCATION AND ADMINISTRA15 TION.— 

16 (1) IN GENERAL.—Of the funds allotted to the 

17 State under subsection (c), the Governor— 

18 (A) may reserve not more than 5 percent 

19 of the funds for administration and technical 

20 assistance; and 

21 (B) shall allocate the remainder of the 

22 funds among local workforce investment areas 

23 within the State in accordance with clauses (i) 

24 through (iii) of subsection (c)(2)(B), except 

25 that for purposes of such allocation references 


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1 to a State in subsection (c)(2)(B) shall be 

2 deemed to be references to a local workforce in3 vestment area and references to all States shall 

4 be deemed to be references to all local work5 force investment areas in the State involved. 

6 (2) LOCAL PLAN.— 

7 (A) SUBMISSION.—In order to receive an 

8 allocation under paragraph (1)(B), the local 

9 workforce investment board, in partnership with 

10 the chief elected official for the local workforce 

11 investment area involved, shall submit to the 

12 Governor a local plan modification, or such 

13 other request for funds by local workforce in14 vestment areas as may be specified in guidance 

15 under subsection (b), not later than 30 days 

16 after the submission by the State of the State 

17 plan modification or other State request for 

18 funds specified in guidance under subsection 

19 (b), describing the strategies and activities to be 

20 carried out under this section. 

21 (B) APPROVAL.—The Governor shall ap22 prove the local plan modification or other local 

23 request for funds submitted under subpara24 graph (A) within 30 days after submission, un25 less the Governor determines that the plan or 


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1 request is inconsistent with requirements of this 

2 section. If the Governor has not made a deter3 mination within that 30-day period, the plan 

4 shall be considered to be approved. If the plan 

5 or request is disapproved, the Governor may 

6 provide a reasonable period of time in which the 

7 plan or request may be amended and resub8 mitted for approval. If the plan or request is 

9 approved, the Governor shall allocate funds to 

10 the local workforce investment area within 30 

11 days after such approval. 

12 (3) REALLOCATION.—If a local workforce in13 vestment board and chief elected official do not sub14 mit a local plan modification (or other local request 

15 for funds specified in guidance under subsection (b)) 

16 by the date specified in paragraph (2), or the Gov17 ernor disapproves a local plan, the amount the local 

18 workforce investment area would have been eligible 

19 to receive pursuant to the formula under paragraph 

20 (1)(B) shall be allocated to local workforce invest21 ment areas that receive approval of their local plan 

22 modifications or local requests for funds under para23 graph (2). Each such local workforce investment 

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1 ance with the area’s share of the total amount allo2 cated under paragraph (1)(B) to such local work3 force investment areas. 

4 (f) USE OF FUNDS.— 

5 (1) IN GENERAL.—The funds made available 

6 under this section shall be used— 

7 (A) to provide summer employment oppor8 tunities for low-income youth, with direct link9 ages to academic and occupational learning, 

10 and may be used to provide supportive services, 

11 such as transportation or child care, that is 

12 necessary to enable the participation of such 

13 youth in the opportunities; and 

14 (B) to provide year-round employment op15 portunities, which may be combined with other 

16 activities authorized under section 129 of the 

17 Workforce Investment Act of 1998 (29 U.S.C. 

18 2854), to low-income youth. 

19 (2) PROGRAM PRIORITIES.—In administering 

20 the funds under this section, the local board and 

21 chief elected official shall give priority to— 

22 (A) identifying employment opportunities 

23 that are— 


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1 (i) in emerging or in-demand occupa2 tions in the local workforce investment 

3 area; or 

4 (ii) in the public or nonprofit sector 

5 and meet community needs; and 

6 (B) linking participants in year-round em7 ployment opportunities to training and edu8 cational activities that will provide such partici9 pants an industry-recognized certificate or cre10 dential (referred to in this title as an ‘‘industry11 recognized credential’’). 

12 (3) ADMINISTRATION.—Not more than 5 per13 cent of the funds allocated to a local workforce in14 vestment area under this section may be used for 

15 the costs of administration of this section. 

16 (4) PERFORMANCE ACCOUNTABILITY.—For ac17 tivities funded under this section, in lieu of meeting 

18 the requirements described in section 136 of the 

19 Workforce Investment Act of 1998 (29 U.S.C. 

20 2871), States and local workforce investment areas 

21 shall provide such reports as the Secretary of Labor 

22 may require regarding the performance outcomes de23 scribed in section 5104(b)(5). 


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1 SEC. 5104. GENERAL REQUIREMENTS. 

2 (a) LABOR STANDARDS AND PROTECTIONS.—Activi3 ties provided with funds made available under this title 

4 shall be subject to the requirements and restrictions, in5 cluding the labor standards, described in section 181 of 

6 the Workforce Investment Act of 1998 (29 U.S.C. 2931) 

7 and the nondiscrimination provisions of section 188 of 

8 such Act (29 U.S.C. 2938), in addition to other applicable 

9 Federal laws. 

10 (b) REPORTING.—The Secretary of Labor may re11 quire the reporting of information relating to fiscal, per12 formance and other matters that the Secretary determines 

13 is necessary to effectively monitor the activities carried out 

14 with funds provided under this title. At a minimum, recipi15 ents of grants (including recipients of subgrants) under 

16 this title shall provide information relating to— 

17 (1) the number of individuals participating in 

18 activities with funds provided under this title and 

19 the number of such individuals who have completed 

20 such participation; 

21 (2) the expenditures of funds provided under 

22 this title; 

23 (3) the number of jobs created pursuant to the 

24 activities carried out under this title; 

25 (4) the demographic characteristics of individ26 uals participating in activities under this title; and 


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1 (5) the performance outcomes for individuals 

2 participating in activities under this title, includ3 ing— 

4 (A) for low-income youth participating in 

5 summer employment activities under section 

6 5103, performance on indicators consisting of— 

7 (i) work readiness skill attainment 

8 using an employer validated checklist; 

9 (ii) placement in or return to sec10 ondary or postsecondary education or 

11 training, or entry into unsubsidized em12 ployment; and 

13 (B) for low-income youth participating in 

14 year-round employment activities under section 

15 5103, performance on indicators consisting of— 

16 (i) placement in or return to postsec17 ondary education; 

18 (ii) attainment of a secondary school 

19 diploma or its recognized equivalent; 

20 (iii) attainment of an industry-recog21 nized credential; and 

22 (iv) entry into, retention in, and earn23 ings in, unsubsidized employment. 

24 (c) ACTIVITIES REQUIRED TO BE ADDITIONAL.— 

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1 tivities that are in addition to activities that would other2 wise be available in the State or local workforce invest3 ment area in the absence of such funds. 

4 (d) ADDITIONAL REQUIREMENTS.—The Secretary of 

5 Labor may establish such additional requirements as the 

6 Secretary determines may be necessary to ensure fiscal in7 tegrity, effective monitoring, and the appropriate and 

8 prompt implementation of the activities under this title. 

9 (e) REPORT OF INFORMATION AND EVALUATIONS TO

10 CONGRESS AND THE PUBLIC.—The Secretary of Labor 

11 shall provide to the appropriate committees of Congress 

12 and make available to the public the information reported 

13 pursuant to subsection (b). 

14 SEC. 5105. VISA SURCHARGE. 

15 (a) COLLECTION.— 

16 (1) IN GENERAL.—Subject to paragraph (2), 

17 and in addition to any fees otherwise imposed for 

18 such visas, the Secretary shall collect a surcharge of 

19 $10 from an employer that submits an application 

20 for— 

21 (A) an employment-based visa under para22 graph (3), (4), (5), or (6) of section 203(b) of 

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

24 1153(b)); and 


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1 (B) a nonimmigrant visa under subpara2 graph (C), (H)(i)(b), (H)(i)(c), (H)(ii)(a), 

3 (H)(ii)(B), (O), (P), (R), or (W) of section 

4 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)). 

5 (2) EXPIRATION.—The Secretary shall suspend 

6 the collection of the surcharge authorized under 

7 paragraph (1) on the date on which the Secretary 

8 has collected a cumulative total of $1,500,000,000 

9 under this subsection. 

10 (b) DEPOSIT.—All of the amounts collected under 

11 subsection (a)(1) shall be deposited in the general fund 

12 of the Treasury. 

Passed the Senate June 27, 2013. 

Attest: 

Secretary. 


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113TH CONGRESS 

1ST SESSION S. 744 

AN ACT 

To provide for comprehensive immigration reform 

and for other purposes. 

June 27, 2013 

Ordered to be printed as passed 


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