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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 744 Engrossed in Senate (ES)]

113th CONGRESS
  1st Session
                                 S. 744

_______________________________________________________________________

                                 AN ACT

 
To provide for comprehensive immigration reform and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Border Security, 
Economic Opportunity, and Immigration Modernization Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Statement of congressional findings.
Sec. 3. Effective date triggers.
Sec. 4. Southern Border Security Commission.
Sec. 5. Comprehensive Southern Border Security Strategy and Southern 
                            Border Fencing Strategy.
Sec. 6. Comprehensive Immigration Reform Funds.
Sec. 7. Reference to the Immigration and Nationality Act.
Sec. 8. Definitions.
Sec. 9. Grant accountability.
             TITLE I--BORDER SECURITY AND OTHER PROVISIONS

                      Subtitle A--Border Security

Sec. 1101. Definitions.
Sec. 1102. Additional U.S. Border Patrol and U.S. Customs and Border 
                            Protection officers.
Sec. 1103. National Guard support to secure the Southern border.
Sec. 1104. Enhancement of existing border security operations.
Sec. 1105. Border security on certain Federal land.
Sec. 1106. Equipment and technology.
Sec. 1107. Access to emergency personnel.
Sec. 1108. Southwest Border Region Prosecution Initiative.
Sec. 1109. Interagency collaboration.
Sec. 1110. State Criminal Alien Assistance Program.
Sec. 1111. Use of force.
Sec. 1112. Training for border security and immigration enforcement 
                            officers.
Sec. 1113. Department of Homeland Security Border Oversight Task Force.
Sec. 1114. Ombudsman for Immigration Related Concerns of the Department 
                            of Homeland Security.
Sec. 1115. Protection of family values in apprehension programs.
Sec. 1116. Oversight of power to enter private land and stop vehicles 
                            without a warrant at the Northern border.
Sec. 1117. Reports.
Sec. 1118. Severability and delegation.
Sec. 1119. Prohibition on new land border crossing fees.
Sec. 1120. Human Trafficking Reporting.
Sec. 1121. Rule of construction.
Sec. 1122. Limitations on dangerous deportation practices.
Sec. 1123. Maximum allowable costs of salaries of contractor employees.
                       Subtitle B--Other Matters

Sec. 1201. Removal of nonimmigrants who overstay their visas.
Sec. 1202. Visa overstay notification pilot program.
Sec. 1203. Preventing unauthorized immigration transiting through 
                            Mexico.
                       TITLE II--IMMIGRANT VISAS

   Subtitle A--Registration and Adjustment of Registered Provisional 
                               Immigrants

Sec. 2101. Registered provisional immigrant status.
Sec. 2102. Adjustment of status of registered provisional immigrants.
Sec. 2103. The DREAM Act.
Sec. 2104. Additional requirements.
Sec. 2105. Criminal penalty.
Sec. 2106. Grant program to assist eligible applicants.
Sec. 2107. Conforming amendments to the Social Security Act.
Sec. 2108. Government contracting and acquisition of real property 
                            interest.
Sec. 2109. Long-term legal residents of the Commonwealth of the 
                            Northern Mariana Islands.
Sec. 2110. Rulemaking.
Sec. 2111. Statutory construction.
                Subtitle B--Agricultural Worker Program

Sec. 2201. Short title.
Sec. 2202. Definitions.
Chapter 1--Program for Earned Status Adjustment of Agricultural Workers

                     subchapter a--blue card status

Sec. 2211. Requirements for blue card status.
Sec. 2212. Adjustment to permanent resident status.
Sec. 2213. Use of information.
Sec. 2214. Reports on blue cards.
Sec. 2215. Authorization of appropriations.
          subchapter b--correction of social security records

Sec. 2221. Correction of social security records.
           Chapter 2--Nonimmigrant Agricultural Visa Program

Sec. 2231. Nonimmigrant classification for nonimmigrant agricultural 
                            workers.
Sec. 2232. Establishment of nonimmigrant agricultural worker program.
Sec. 2233. Transition of H-2A Worker Program.
Sec. 2234. Reports to Congress on nonimmigrant agricultural workers.
                      Chapter 3--Other Provisions

Sec. 2241. Rulemaking.
Sec. 2242. Reports to Congress.
Sec. 2243. Benefits integrity programs.
Sec. 2244. Effective date.
                     Subtitle C--Future Immigration

Sec. 2301. Merit-based points track one.
Sec. 2302. Merit-based track two.
Sec. 2303. Repeal of the diversity visa program.
Sec. 2304. Worldwide levels and recapture of unused immigrant visas.
Sec. 2305. Reclassification of spouses and minor children of lawful 
                            permanent residents as immediate relatives.
Sec. 2306. Numerical limitations on individual foreign states.
Sec. 2307. Allocation of immigrant visas.
Sec. 2308. Inclusion of communities adversely affected by a 
                            recommendation of the Defense Base Closure 
                            and Realignment Commission as targeted 
                            employment areas.
Sec. 2309. V nonimmigrant visas.
Sec. 2310. Fiancee and fiance child status protection.
Sec. 2311. Equal treatment for all stepchildren.
Sec. 2312. Modification of adoption age requirements.
Sec. 2313. Relief for orphans, widows, and widowers.
Sec. 2314. Discretionary authority with respect to removal, 
                            deportation, or inadmissibility of citizen 
                            and resident immediate family members.
Sec. 2315. Waivers of inadmissibility.
Sec. 2316. Continuous presence.
Sec. 2317. Global health care cooperation.
Sec. 2318. Extension and improvement of the Iraqi special immigrant 
                            visa program.
Sec. 2319. Extension and improvement of the Afghan special immigrant 
                            visa program.
Sec. 2320. Special Immigrant Nonminister Religious Worker Program.
Sec. 2321. Special immigrant status for certain surviving spouses and 
                            children.
Sec. 2322. Reunification of certain families of Filipino veterans of 
                            World War II.
Sec. 2323. Ensuring compliance with restrictions on welfare and public 
                            benefits for aliens.
            Subtitle D--Conrad State 30 and Physician Access

Sec. 2401. Conrad State 30 Program.
Sec. 2402. Retaining physicians who have practiced in medically 
                            underserved communities.
Sec. 2403. Employment protections for physicians.
Sec. 2404. Allotment of Conrad 30 waivers.
Sec. 2405. Amendments to the procedures, definitions, and other 
                            provisions related to physician 
                            immigration.
                        Subtitle E--Integration

Sec. 2501. Definitions.
                Chapter 1--Citizenship and New Americans

         subchapter a--office of citizenship and new americans

Sec. 2511. Office of Citizenship and New Americans.
               subchapter b--task force on new americans

Sec. 2521. Establishment.
Sec. 2522. Purpose.
Sec. 2523. Membership.
Sec. 2524. Functions.
                 Chapter 2--Public-private Partnership

Sec. 2531. Establishment of United States Citizenship Foundation.
Sec. 2532. Funding.
Sec. 2533. Purposes.
Sec. 2534. Authorized activities.
Sec. 2535. Council of directors.
Sec. 2536. Powers.
Sec. 2537. Initial Entry, Adjustment, and Citizenship Assistance Grant 
                            Program.
Sec. 2538. Pilot program to promote immigrant integration at State and 
                            local levels.
Sec. 2539. Naturalization ceremonies.
                           Chapter 3--Funding

Sec. 2541. Authorization of appropriations.
              Chapter 4--Reduce Barriers to Naturalization

Sec. 2551. Waiver of English requirement for senior new Americans.
Sec. 2552. Filing of applications not requiring regular internet 
                            access.
Sec. 2553. Permissible use of assisted housing by battered immigrants.
Sec. 2554. United States citizenship for internationally adopted 
                            individuals.
Sec. 2555. Treatment of certain persons as having satisfied English and 
                            civics, good moral character, and honorable 
                            service and discharge requirements for 
                            naturalization.
                    TITLE III--INTERIOR ENFORCEMENT

               Subtitle A--Employment Verification System

Sec. 3101. Unlawful employment of unauthorized aliens.
Sec. 3102. Increasing security and integrity of social security cards.
Sec. 3103. Increasing security and integrity of immigration documents.
Sec. 3104. Responsibilities of the Social Security Administration.
Sec. 3105. Improved prohibition on discrimination based on national 
                            origin or citizenship status.
Sec. 3106. Rulemaking.
Sec. 3107. Office of the Small Business and Employee Advocate.
              Subtitle B--Protecting United States Workers

Sec. 3201. Protections for victims of serious violations of labor and 
                            employment law or crime.
Sec. 3202. Employment Verification System Education Funding.
Sec. 3203. Directive to the United States Sentencing Commission.
                      Subtitle C--Other Provisions

Sec. 3301. Funding.
Sec. 3302. Effective date.
Sec. 3303. Mandatory exit system.
Sec. 3304. Identity-theft resistant manifest information for 
                            passengers, crew, and non-crew onboard 
                            departing aircraft and vessels.
Sec. 3305. Profiling.
Sec. 3306. Enhanced penalties for certain drug offenses on Federal 
                            lands.
               Subtitle D--Asylum and Refugee Provisions

Sec. 3400. Short title.
Sec. 3401. Time limits and efficient adjudication of genuine asylum 
                            claims.
Sec. 3402. Refugee family protections.
Sec. 3403. Clarification on designation of certain refugees.
Sec. 3404. Asylum determination efficiency.
Sec. 3405. Stateless persons in the United States.
Sec. 3406. U visa accessibility.
Sec. 3407. Work authorization while applications for U and T visas are 
                            pending.
Sec. 3408. Representation at overseas refugee interviews.
Sec. 3409. Law enforcement and national security checks.
Sec. 3410. Tibetan refugee assistance.
Sec. 3411. Termination of asylum or refugee status.
Sec. 3412. Asylum clock.
    Subtitle E--Shortage of Immigration Court Resources for Removal 
                              Proceedings

Sec. 3501. Shortage of immigration court personnel for removal 
                            proceedings.
Sec. 3502. Improving immigration court efficiency and reducing costs by 
                            increasing access to legal information.
Sec. 3503. Office of Legal Access Programs.
Sec. 3504. Codifying Board of Immigration Appeals.
Sec. 3505. Improved training for immigration judges and Board Members.
Sec. 3506. Improved resources and technology for immigration courts and 
                            Board of Immigration Appeals.
Sec. 3507. Transfer of responsibility for trafficking protections.
 Subtitle F--Prevention of Trafficking in Persons and Abuses Involving 
                        Workers Recruited Abroad

Sec. 3601. Definitions.
Sec. 3602. Disclosure.
Sec. 3603. Prohibition on discrimination.
Sec. 3604. Recruitment fees.
Sec. 3605. Registration.
Sec. 3606. Bonding requirement.
Sec. 3607. Maintenance of lists.
Sec. 3608. Amendment to the Immigration and Nationality Act.
Sec. 3609. Responsibilities of Secretary of State.
Sec. 3610. Enforcement provisions.
Sec. 3611. Detecting and preventing child trafficking.
Sec. 3612. Protecting child trafficking victims.
Sec. 3613. Rule of construction.
Sec. 3614. Regulations.
                    Subtitle G--Interior Enforcement

Sec. 3701. Criminal street gangs.
Sec. 3702. Banning habitual drunk drivers from the United States.
Sec. 3703. Sexual abuse of a minor.
Sec. 3704. Illegal entry.
Sec. 3705. Reentry of removed alien.
Sec. 3706. Penalties relating to vessels and aircraft.
Sec. 3707. Reform of passport, visa, and immigration fraud offenses.
Sec. 3708. Combating schemes to defraud aliens.
Sec. 3709. Inadmissibility and removal for passport and immigration 
                            fraud offenses.
Sec. 3710. Directives related to passport and document fraud.
Sec. 3711. Inadmissible aliens.
Sec. 3712. Organized and abusive human smuggling activities.
Sec. 3713. Preventing criminals from renouncing citizenship during 
                            wartime.
Sec. 3714. Diplomatic security service.
Sec. 3715. Secure alternatives programs.
Sec. 3716. Oversight of detention facilities.
Sec. 3717. Procedures for bond hearings and filing of notices to 
                            appear.
Sec. 3718. Sanctions for countries that delay or prevent repatriation 
                            of their nationals.
Sec. 3719. Gross violations of human rights.
Sec. 3720. Reporting and record keeping requirements relating to the 
                            detention of aliens.
Sec. 3721. Powers of immigration officers and employees at sensitive 
                            locations.
 Subtitle H--Protection of Children Affected by Immigration Enforcement

Sec. 3801. Short title.
Sec. 3802. Definitions.
Sec. 3803. Apprehension procedures for immigration enforcement-related 
                            activities.
Sec. 3804. Access to children, State and local courts, child welfare 
                            agencies, and consular officials.
Sec. 3805. Mandatory training.
Sec. 3806. Rulemaking.
Sec. 3807. Severability.
 Subtitle I--Providing Tools To Exchange Visitors and Exchange Visitor 
 Sponsors To Protect Exchange Visitor Program Participants and Prevent 
                              Trafficking

Sec. 3901. Definitions.
Sec. 3902. Disclosure.
Sec. 3903. Prohibition on discrimination.
Sec. 3904. Fees.
Sec. 3905. Annual notification.
Sec. 3906. Bonding requirement.
Sec. 3907. Maintenance of lists.
Sec. 3908. Amendment to the Immigration and Nationality Act.
Sec. 3909. Responsibilities of Secretary of State.
Sec. 3910. Enforcement provisions.
Sec. 3911. Audits and transparency.
            TITLE IV--REFORMS TO NONIMMIGRANT VISA PROGRAMS

            Subtitle A--Employment-based Nonimmigrant Visas

Sec. 4101. Market-based H-1B Visa limits.
Sec. 4102. Employment authorization for dependents of employment-based 
                            nonimmigrants.
Sec. 4103. Eliminating impediments to worker mobility.
Sec. 4104. STEM education and training.
Sec. 4105. H-1B and L Visa fees.
           Subtitle B--H-1B Visa Fraud and Abuse Protections

           Chapter 1--H-1B Employer Application Requirements

Sec. 4211. Modification of application requirements.
Sec. 4212. Requirements for admission of nonimmigrant nurses in health 
                            professional shortage areas.
Sec. 4213. New application requirements.
Sec. 4214. Application review requirements.
  Chapter 2--Investigation and Disposition of Complaints Against H-1B 
                               Employers

Sec. 4221. General modification of procedures for investigation and 
                            disposition.
Sec. 4222. Investigation, working conditions, and penalties.
Sec. 4223. Initiation of investigations.
Sec. 4224. Information sharing.
Sec. 4225. Transparency of high-skilled immigration programs.
                      Chapter 3--Other Protections

Sec. 4231. Posting available positions through the Department of Labor.
Sec. 4232. Requirements for information for H-1B and L nonimmigrants.
Sec. 4233. Filing fee for H-1B-dependent employers.
Sec. 4234. Providing premium processing of employment-based visa 
                            petitions.
Sec. 4235. Technical correction.
Sec. 4236. Application.
Sec. 4237. Portability for beneficiaries of immigrant petitions.
             Subtitle C--L Visa Fraud and Abuse Protections

Sec. 4301. Prohibition on outplacement of L nonimmigrants.
Sec. 4302. L employer petition requirements for employment at new 
                            offices.
Sec. 4303. Cooperation with Secretary of State.
Sec. 4304. Limitation on employment of L nonimmigrants.
Sec. 4305. Filing fee for L nonimmigrants.
Sec. 4306. Investigation and disposition of complaints against L 
                            nonimmigrant employers.
Sec. 4307. Penalties.
Sec. 4308. Prohibition on retaliation against L nonimmigrants.
Sec. 4309. Reports on L nonimmigrants.
Sec. 4310. Application.
Sec. 4311. Report on L blanket petition process.
                  Subtitle D--Other Nonimmigrant Visas

Sec. 4401. Nonimmigrant visas for students.
Sec. 4402. Classification for specialty occupation workers from free 
                            trade countries.
Sec. 4403. E-visa reform.
Sec. 4404. Other changes to nonimmigrant visas.
Sec. 4405. Treatment of nonimmigrants during adjudication of 
                            application.
Sec. 4406. Nonimmigrant elementary and secondary school students.
Sec. 4407. J-1 Summer Work Travel Visa Exchange Visitor Program fee.
Sec. 4408. J visa eligibility.
Sec. 4409. F-1 Visa fee.
Sec. 4410. Pilot program for remote B nonimmigrant visa interviews.
Sec. 4411. Providing consular officers with access to all terrorist 
                            databases and requiring heightened scrutiny 
                            of applications for admission from persons 
                            listed on terrorist databases.
Sec. 4412. Visa revocation information.
Sec. 4413. Status for certain battered spouses and children.
Sec. 4414. Nonimmigrant crewmen landing temporarily in Hawaii.
Sec. 4415. Treatment of compact of free association migrants.
Sec. 4416. International participation in the performing arts.
Sec. 4417. Limitation on eligibility of certain nonimmigrants for 
                            health-related programs.
                          Subtitle E--JOLT Act

Sec. 4501. Short titles.
Sec. 4502. Premium processing.
Sec. 4503. Encouraging Canadian tourism to the United States.
Sec. 4504. Retiree visa.
Sec. 4505. Incentives for foreign visitors visiting the United States 
                            during low peak seasons.
Sec. 4506. Visa waiver program enhanced security and reform.
Sec. 4507. Expediting entry for priority visitors.
Sec. 4508. Visa processing.
Sec. 4509. B Visa fee.
              Subtitle F--Reforms to the H-2B Visa Program

Sec. 4601. Extension of returning worker exemption to H-2B numerical 
                            limitation.
Sec. 4602. Other requirements for H-2B employers.
Sec. 4603. Executives and managers.
Sec. 4604. Honoraria.
Sec. 4605. Nonimmigrants participating in relief operations.
Sec. 4606. Nonimmigrants performing maintenance on common carriers.
Sec. 4607. American jobs in American forests.
                    Subtitle G--W Nonimmigrant Visas

Sec. 4701. Bureau of Immigration and Labor Market Research.
Sec. 4702. Nonimmigrant classification for W nonimmigrants.
Sec. 4703. Admission of W nonimmigrant workers.
  Subtitle H--Investing in New Venture, Entrepreneurial Startups, and 
                              Technologies

Sec. 4801. Nonimmigrant INVEST visas.
Sec. 4802. INVEST immigrant visa.
Sec. 4803. Administration and oversight.
Sec. 4804. Permanent authorization of EB-5 Regional Center Program.
Sec. 4805. Conditional permanent resident status for certain 
                            employment-based immigrants, spouses, and 
                            children.
Sec. 4806. EB-5 Visa reforms.
Sec. 4807. Authorization of appropriations.
           Subtitle I--Student and Exchange Visitor Programs

Sec. 4901. Short title.
Sec. 4902. SEVIS and SEVP defined.
Sec. 4903. Increased criminal penalties.
Sec. 4904. Accreditation requirement.
Sec. 4905. Other academic institutions.
Sec. 4906. Penalties for failure to comply with SEVIS reporting 
                            requirements.
Sec. 4907. Visa fraud.
Sec. 4908. Background checks.
Sec. 4909. Revocation of authority to issue Form I-20 of flight schools 
                            not certified by the Federal Aviation 
                            Administration.
Sec. 4910. Revocation of accreditation.
Sec. 4911. Report on risk assessment.
Sec. 4912. Implementation of GAO recommendations.
Sec. 4913. Implementation of SEVIS II.
                        TITLE V--JOBS FOR YOUTH

Sec. 5101. Definitions.
Sec. 5102. Establishment of Youth Jobs Fund.
Sec. 5103. Summer employment and year-round employment opportunities 
                            for low-income youth.
Sec. 5104. General requirements.
Sec. 5105. Visa surcharge.

SEC. 2. STATEMENT OF CONGRESSIONAL FINDINGS.

    Congress makes the following findings:
            (1) The passage of this Act recognizes that the primary 
        tenets of its success depend on securing the sovereignty of the 
        United States of America and establishing a coherent and just 
        system for integrating those who seek to join American society.
            (2) We have a right, and duty, to maintain and secure our 
        borders, and to keep our country safe and prosperous. As a 
        Nation founded, built and sustained by immigrants we also have 
        a responsibility to harness the power of that tradition in a 
        balanced way that secures a more prosperous future for America.
            (3) We have always welcomed newcomers to the United States 
        and will continue to do so. But in order to qualify for the 
        honor and privilege of eventual citizenship, our laws must be 
        followed. The world depends on America to be strong--
        economically, militarily and ethically. The establishment of a 
        stable, just, and efficient immigration system only supports 
        those goals. As a Nation, we have the right and responsibility 
        to make our borders safe, to establish clear and just rules for 
        seeking citizenship, to control the flow of legal immigration, 
        and to eliminate illegal immigration, which in some cases has 
        become a threat to our national security.
            (4) All parts of this Act are premised on the right and 
        need of the United States to achieve these goals, and to 
        protect its borders and maintain its sovereignty.

SEC. 3. EFFECTIVE DATE TRIGGERS.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Southern 
        Border Security Commission established pursuant to section 4.
            (2) Comprehensive southern border security strategy.--The 
        term ``Comprehensive Southern Border Security Strategy'' means 
        the strategy established by the Secretary pursuant to section 
        5(a) to achieve and maintain an effectiveness rate of 90 
        percent or higher in all border sectors.
            (3) Effective control.--The term ``effective control'' 
        means the ability to achieve and maintain, in a Border Patrol 
        sector--
                    (A) persistent surveillance; and
                    (B) an effectiveness rate of 90 percent or higher.
            (4) Effectiveness rate.--The ``effectiveness rate'', in the 
        case of a border sector, is the percentage calculated by 
        dividing the number of apprehensions and turn backs in the 
        sector during a fiscal year by the total number of illegal 
        entries in the sector during such fiscal year.
            (5) Southern border.--The term ``Southern border'' means 
        the international border between the United States and Mexico.
            (6) Southern border fencing strategy.--The term ``Southern 
        Border Fencing Strategy'' means the strategy established by the 
        Secretary pursuant to section 5(b) that identifies where 
        fencing (including double-layer fencing), infrastructure, and 
        technology, including at ports of entry, should be deployed 
        along the Southern border.
    (b) Border Security Goal.--The Department's border security goal is 
to achieve and maintain effective control in all border sectors along 
the Southern border.
    (c) Triggers.--
            (1) Processing of applications for registered provisional 
        immigrant status.--Not earlier than the date upon which the 
        Secretary has submitted to Congress the Notice of Commencement 
        of implementation of the Comprehensive Southern Border Security 
        Strategy and the Southern Border Fencing Strategy under section 
        5 of this Act, the Secretary may commence processing 
        applications for registered provisional immigrant status 
        pursuant to section 245B of the Immigration and Nationality 
        Act, as added by section 2101 of this Act.
            (2) Adjustment of status of registered provisional 
        immigrants.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Secretary may not adjust the status of aliens 
                who have been granted registered provisional immigrant 
                status, except for aliens granted blue card status 
                under section 2201 of this Act or described in section 
                245D(b) of the Immigration and Nationality Act, until 6 
                months after the date on which the Secretary, after 
                consultation with the Attorney General, the Secretary 
                of Defense, the Inspector General of the Department, 
                and the Comptroller General of the United States, 
                submits to the President and Congress a written 
                certification that--
                            (i) the Comprehensive Southern Border 
                        Security Strategy--
                                    (I) has been submitted to Congress 
                                and includes minimum requirements 
                                described under paragraph (3), (4), and 
                                (5) of section 5(a);
                                    (II) is deployed and operational 
                                (for purposes of this clause the term 
                                ``operational'' means the technology, 
                                infrastructure, and personnel, deemed 
                                necessary by the Secretary, in 
                                consultation with the Attorney General 
                                and the Secretary of Defense, and the 
                                Comptroller General, and includes the 
                                technology described under section 
                                5(a)(3) to achieve effective control of 
                                the Southern border, has been procured, 
                                funded, and is in current use by the 
                                Department to achieve effective 
                                control, except in the event of routine 
                                maintenance, de minimis non-deployment, 
                                or natural disaster that would prevent 
                                the use of such assets);
                            (ii) the Southern Border Fencing Strategy 
                        has been submitted to Congress and implemented, 
                        and as a result the Secretary will certify that 
                        there is in place along the Southern Border no 
                        fewer than 700 miles of pedestrian fencing 
                        which will include replacement of all currently 
                        existing vehicle fencing on non-tribal lands on 
                        the Southern Border with pedestrian fencing 
                        where possible, and after this has been 
                        accomplished may include a second layer of 
                        pedestrian fencing in those locations along the 
                        Southern Border which the Secretary deems 
                        necessary or appropriate;
                            (iii) the Secretary has implemented the 
                        mandatory employment verification system 
                        required by section 274A of the Immigration and 
                        Nationality Act (8 U.S.C.1324a), as amended by 
                        section 3101, for use by all employers to 
                        prevent unauthorized workers from obtaining 
                        employment in the United States;
                            (iv) the Secretary is using the electronic 
                        exit system created by section 3303(a)(1) at 
                        all international air and sea ports of entry 
                        within the United States where U.S. Customs and 
                        Border Protection officers are currently 
                        deployed; and
                            (v) no fewer than 38,405 trained full-time 
                        active duty U.S. Border Patrol agents are 
                        deployed, stationed, and maintained along the 
                        Southern Border.
                    (B) Exception.--The Secretary shall permit 
                registered provisional immigrants to apply for an 
                adjustment to lawful permanent resident status if--
                            (i)(I) litigation or a force majeure has 
                        prevented 1 or more of the conditions described 
                        in clauses (i) through (iv) of subparagraph (A) 
                        from being implemented; or
                            (II) the implementation of subparagraph (A) 
                        has been held unconstitutional by the Supreme 
                        Court of the United States or the Supreme Court 
                        has granted certiorari to the litigation on the 
                        constitutionality of implementation of 
                        subparagraph (A); and
                            (ii) 10 years have elapsed since the date 
                        of the enactment of this Act.
    (d) Waiver of Legal Requirements Necessary for Improvement at 
Borders.--Notwithstanding any other provision of law, the Secretary is 
authorized to waive all legal requirements that the Secretary 
determines to be necessary to ensure expeditious construction of the 
barriers, roads, or other physical tactical infrastructure needed to 
fulfill the requirements under this section. Any determination by the 
Secretary under this section shall be effective upon publication in the 
Federal Register of a notice that specifies each law that is being 
waived and the Secretary's explanation for the determination to waive 
that law. The waiver shall expire on the later of the date on which the 
Secretary submits the written certification that the Southern Border 
Fencing Strategy is substantially completed as specified in subsection 
(c)(2)(A)(ii) or the date that the Secretary submits the written 
certification that the Comprehensive Southern Border Security Strategy 
is substantially deployed and substantially operational as specified in 
subsection (c)(2)(A)(i).
    (e) Federal Court Review.--
            (1) In general.--The district courts of the United States 
        shall have exclusive jurisdiction to hear all causes or claims 
        arising from any action undertaken, or any decision made, by 
        the Secretary under subsection (d). A cause of action or claim 
        may only be brought alleging a violation of the Constitution of 
        the United States. The court does not have jurisdiction to hear 
        any claim not specified in this paragraph.
            (2) Time for filing complaint.--If a cause or claim under 
        paragraph (1) is not filed within 60 days after the date of the 
        contested action or decision by the Secretary, the claim shall 
        be barred.
            (3) Appellate review.--An interlocutory or final judgment, 
        decree, or order of the district court may be reviewed only 
        upon petition for a writ of certiorari to the Supreme Court of 
        the United States.

SEC. 4. SOUTHERN BORDER SECURITY COMMISSION.

    (a) Establishment.--
            (1) In general.--No later than the date that is 1 year 
        after the date of the enactment of this Act, there is 
        established a commission to be known as the ``Southern Border 
        Security Commission'' (referred to in this section as the 
        ``Commission'').
            (2) Expenditures and report.--Only if the Secretary cannot 
        certify that the Department has achieved effective control in 
        all border sectors for at least 1 fiscal year before the date 
        that is 5 years after the date of the enactment of this Act--
                    (A) the report described in subsection (d) shall be 
                submitted; and
                    (B) 60 days after such report is submitted, the 
                funds made available in section 6(a)(3)(A)(iii) may be 
                expended (except as provided in subsection (i)).
    (b) Composition.--
            (1) In general.--The Commission shall be composed of--
                    (A) 2 members who shall be appointed by the 
                President;
                    (B) 2 members who shall be appointed by the 
                President pro tempore of the Senate, of which--
                            (i) 1 shall be appointed upon the 
                        recommendation of the leader in the Senate of 
                        the political party that is not the political 
                        party of the President; and
                            (ii) 1 shall be appointed upon the 
                        recommendation of the leader in the Senate of 
                        the other political party;
                    (C) 2 members who shall be appointed by the Speaker 
                of the House of Representatives, of which--
                            (i) 1 shall be appointed upon the 
                        recommendation of the leader in the House of 
                        Representatives of the political party that is 
                        not the political party of the President; and
                            (ii) 1 shall be appointed upon the 
                        recommendation of the leader in the House of 
                        Representatives of the other political party; 
                        and
                    (D) 5 members, consisting of 1 member from the 
                Southwestern State of Nevada and 1 member from each of 
                the States along the Southern border, who shall be--
                            (i) the Governor of such State; or
                            (ii) appointed by the Governor of each such 
                        State.
            (2) Qualifications for appointment.--The members of the 
        Commission shall be distinguished individuals noted for their 
        knowledge and experience in the field of border security at the 
        Federal, State, or local level and may also include reputable 
        individuals who are landowners in the Southern border area with 
        first-hand experience with border issues.
            (3) Time of appointment.--The appointments required by 
        paragraph (1) shall be made not later than 1 year after the 
        date of the enactment of this Act.
            (4) Chair.--At the first meeting of the Commission, a 
        majority of the members of the Commission present and voting 
        shall elect the Chair of the Commission.
            (5) Vacancies.--Any vacancy of the Commission shall not 
        affect its powers, but shall be filled in the manner in which 
        the original appointment was made.
            (6) Rules.--The Commission shall establish the rules and 
        procedures of the Commission which shall require the approval 
        of at least 6 members of the Commission.
    (c) Duties.--
            (1) In general.--The Commission's primary responsibility 
        shall be to make recommendations to the President, the 
        Secretary, and Congress on policies to achieve and maintain the 
        border security goal specified in section 3(b) by achieving and 
        maintaining--
                    (A) the capability to engage in, and engaging in, 
                persistent surveillance in border sectors along the 
                Southern border; and
                    (B) an effectiveness rate of 90 percent or higher 
                in all border sectors along the Southern border.
            (2) Public hearings.--
                    (A) In general.--The Commission shall convene at 
                least 1 public hearing each year on border security.
                    (B) Report.--The Commission shall provide a summary 
                of each hearing convened pursuant to subparagraph (A) 
                to the entities set out in subparagraphs (A) through 
                (G) of section 5(a)(1).
    (d) Report.--If required pursuant to subsection (a)(2)(B) and in no 
case earlier than the date that is 5 years after the date of the 
enactment of this Act, the Commission shall submit to the President, 
the Secretary, and Congress a report setting forth specific 
recommendations for policies for achieving and maintaining the border 
security goals specified in subsection (c). The report shall include, 
at a minimum, recommendations for the personnel, infrastructure, 
technology, and other resources required to achieve and maintain an 
effectiveness rate of 90 percent or higher in all border sectors.
    (e) Travel Expenses.--Members of the Commission shall be allowed 
travel expenses, including per diem in lieu of subsistence rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Commission.
    (f) Administrative Support.--The Secretary shall provide the 
Commission such staff and administrative services as may be necessary 
and appropriate for the Commission to perform its functions. Any 
employee of the executive branch of Government may be detailed to the 
Commission without reimbursement to the agency of that employee and 
such detail shall be without interruption or loss of civil service or 
status or privilege.
    (g) Comptroller General Review.--The Comptroller General of the 
United States shall review the recommendations in the report submitted 
under subsection (d) in order to determine--
            (1) whether any of the recommendations are likely to 
        achieve effective control in all border sectors;
            (2) which recommendations are most likely to achieve 
        effective control; and
            (3) whether such recommendations are feasible within 
        existing budget constraints.
    (h) Termination.--The Commission shall terminate 10 years after the 
date of the enactment of this Act.
    (i) Funding.--The amounts made available under section 
6(a)(3)(A)(iii) to carry out programs, projects, and activities 
recommended by the Commission may not be expended prior to the date 
that is 60 days after a report required by subsection (d) is submitted 
and, in no case, prior to 60 days after the date that is 5 years after 
the date of the enactment of this Act, except that funds made available 
under section 6(a)(3)(A)(iii) may be used for minimal administrative 
expenses directly associated with convening the public hearings 
required by subsection (c)(2)(A) and preparing and providing summaries 
of such hearings required by subsection (c)(2)(B).

SEC. 5. COMPREHENSIVE SOUTHERN BORDER SECURITY STRATEGY AND SOUTHERN 
              BORDER FENCING STRATEGY.

    (a) Comprehensive Southern Border Security Strategy.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary, in consultation with 
        the Attorney General and the Secretary of Defense, shall submit 
        a strategy, to be known as the ``Comprehensive Southern Border 
        Security Strategy'', for achieving and maintaining effective 
        control between and at the ports of entry in all border sectors 
        along the Southern border, to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (B) the Committee on Homeland Security of the House 
                of Representatives;
                    (C) the Committee on Appropriations of the Senate;
                    (D) the Committee on Appropriations of the House of 
                Representatives;
                    (E) the Committee on the Judiciary of the Senate;
                    (F) the Committee on the Judiciary of the House of 
                Representatives;
                    (G) the Committee on Armed Services of the Senate;
                    (H) the Committee on Armed Services of the House of 
                Representatives; and
                    (I) the Comptroller General of the United States.
            (2) Elements.--The Comprehensive Southern Border Security 
        Strategy shall specify--
                    (A) the priorities that must be met for the 
                strategy to be successfully executed; and
                    (B) the capabilities required to meet each of the 
                priorities referred to in subparagraph (A), including--
                            (i) surveillance and detection capabilities 
                        developed or used by the various Departments 
                        and Agencies for the Federal government for the 
                        purposes of enhancing the functioning and 
                        operational capability to conduct continuous 
                        and integrated manned or unmanned, monitoring, 
                        sensing, or surveillance of 100 percent of 
                        Southern border mileage or the immediate 
                        vicinity of the Southern border;
                            (ii) the requirement for stationing 
                        sufficient Border Patrol agents and Customs and 
                        Border Protection officers between and at ports 
                        of entry along the Southern border; and
                            (iii) the necessary and qualified staff and 
                        equipment to fully utilize available unarmed, 
                        unmanned aerial systems and unarmed, fixed wing 
                        aircraft.
            (3) Minimum requirements.--The Comprehensive Southern 
        Border Security Strategy shall require, at a minimum, the 
        deployment of the following technologies for each Border Patrol 
        sector along the Southern Border:
                    (A) Arizona (yuma and tucson sectors).--For Arizona 
                (Yuma and Tucson Sectors) between ports of entry the 
                following:
                            (i) 50 integrated fixed towers.
                            (ii) 73 fixed camera systems (with 
                        relocation capability), which include Remote 
                        Video Surveillance Systems.
                            (iii) 28 mobile surveillance systems, which 
                        include mobile video surveillance systems, 
                        agent-portable surveillance systems, and mobile 
                        surveillance capability systems.
                            (iv) 685 unattended ground sensors, 
                        including seismic, imaging, and infrared.
                            (v) 22 handheld equipment devices, 
                        including handheld thermal imaging systems and 
                        night vision goggles.
                    (B) San diego, california.--For San Diego, 
                California the following:
                            (i) Between ports of entry.--Between ports 
                        of entry the following:
                                    (I) 3 integrated fixed towers.
                                    (II) 41 fixed camera systems (with 
                                relocation capability), which include 
                                Remote Video Surveillance Systems.
                                    (III) 14 mobile surveillance 
                                systems, which include mobile video 
                                surveillance systems, agent-portable 
                                surveillance systems, and mobile 
                                surveillance capability systems.
                                    (IV) 393 unattended ground sensors, 
                                including seismic, imaging, and 
                                infrared.
                                    (V) 83 handheld equipment devices, 
                                including handheld thermal imaging 
                                systems and night vision goggles.
                            (ii) At points of entry, checkpoints.--At 
                        points of entry, checkpoints the following:
                                    (I) 2 non-intrusive inspection 
                                systems, including fixed and mobile.
                                    (II) 1 radiation portal monitor.
                                    (III) 1 littoral detection and 
                                classification network
                    (C) El centro, california.--For El Centro, 
                California the following:
                            (i) Between ports of entry.--Between ports 
                        of entry the following:
                                    (I) 66 fixed camera systems (with 
                                relocation capability), which include 
                                Remote Video Surveillance Systems.
                                    (II) 18 mobile surveillance 
                                systems, which include mobile video 
                                surveillance systems, agent-portable 
                                surveillance systems, and mobile 
                                surveillance capability systems.
                                    (III) 85 unattended ground sensors, 
                                including seismic, imaging, and 
                                infrared.
                                    (IV) 57 handheld equipment devices, 
                                including handheld thermal imaging 
                                systems and night vision goggles.
                                    (V) 2 sensor repeaters.
                                    (VI) 2 communications repeaters.
                            (ii) At points of entry, checkpoints.--At 
                        points of entry, checkpoints the following:
                                    (I) 5 fiber-optic tank inspection 
                                scopes.
                                    (II) 1 license plate reader.
                                    (III) 1 backscatter.
                                    (IV) 2 portable contraband 
                                detectors.
                                    (V) 2 radiation isotope 
                                identification devices.
                                    (VI) 8 radiation isotope 
                                identification devices updates.
                                    (VII) 3 personal radiation 
                                detectors.
                                    (VIII) 16 mobile automated 
                                targeting systems.
                    (D) El paso, texas.--For El Paso, Texas the 
                following:
                            (i) Between ports of entry.--Between ports 
                        of entry the following:
                                    (I) 27 integrated fixed towers.
                                    (II) 71 fixed camera systems (with 
                                relocation capability), which include 
                                Remote Video Surveillance Systems.
                                    (III) 31 mobile surveillance 
                                systems, which include mobile video 
                                surveillance systems, agent-portable 
                                surveillance systems, and mobile 
                                surveillance capability systems.
                                    (IV) 170 unattended ground sensors, 
                                including seismic, imaging, and 
                                infrared.
                                    (V) 24 handheld equipment devices, 
                                including handheld thermal imaging 
                                systems and night vision goggles.
                                    (VI) 1 communications repeater.
                                    (VII) 1 sensor repeater.
                                    (VIII) 2 camera refresh.
                            (ii) At points of entry, checkpoints.--At 
                        points of entry, checkpoints the following:
                                    (I) 4 non-intrusive inspection 
                                systems, including fixed and mobile.
                                    (II) 23 fiber-optic tank inspection 
                                scopes.
                                    (III) 1 portable contraband 
                                detectors.
                                    (IV) 19 radiation isotope 
                                identification devices updates.
                                    (V) 1 real time radioscopy version 
                                4.
                                    (VI) 8 personal radiation 
                                detectors.
                    (E) Big bend, texas.--For Big Bend, Texas the 
                following:
                            (i) Between ports of entry.--Between ports 
                        of entry the following:
                                    (I) 7 fixed camera systems (with 
                                relocation capability), which include 
                                remote video surveillance systems.
                                    (II) 29 mobile surveillance 
                                systems, which include mobile video 
                                surveillance systems, agent-portable 
                                surveillance systems, and mobile 
                                surveillance capability systems.
                                    (III) 1105 unattended ground 
                                sensors, including seismic, imaging, 
                                and infrared.
                                    (IV) 131 handheld equipment 
                                devices, including handheld thermal 
                                imaging systems and night vision 
                                goggles.
                                    (V) 1 mid-range camera refresh.
                                    (VI) 1 improved surveillance 
                                capabilities for existing aerostat.
                                    (VII) 27 sensor repeaters.
                                    (VIII) 27 communications repeaters.
                            (ii) At points of entry, checkpoints.--At 
                        points of entry, checkpoints the following:
                                    (I) 7 fiber-optic tank inspection 
                                scopes.
                                    (II) 3 license plate readers, 
                                including mobile, tactical, and fixed.
                                    (III) 12 portable contraband 
                                detectors.
                                    (IV) 7 radiation isotope 
                                identification devices.
                                    (V) 12 radiation isotope 
                                identification devices updates.
                                    (VI) 254 personal radiation 
                                detectors.
                                    (VII) 19 mobile automated targeting 
                                systems.
                    (F) Del rio, texas.--For Del Rio, Texas the 
                following:
                            (i) Between ports of entry.--Between ports 
                        of entry the following:
                                    (I) 3 integrated fixed towers.
                                    (II) 74 fixed camera systems (with 
                                relocation capability), which include 
                                remote video surveillance systems.
                                    (III) 47 mobile surveillance 
                                systems, which include mobile video 
                                surveillance systems, agent-portable 
                                surveillance systems, and mobile 
                                surveillance capability systems.
                                    (IV) 868 unattended ground sensors, 
                                including seismic, imaging, and 
                                infrared.
                                    (V) 174 handheld equipment devices, 
                                including handheld thermal imaging 
                                systems and night vision goggles.
                                    (VI) 26 mobile/handheld inspection 
                                scopes and sensors for checkpoints.
                                    (VII) 1 improved surveillance 
                                capabilities for existing aerostat.
                                    (VIII) 21 sensor repeaters.
                                    (IX) 21 communications repeaters.
                            (ii) At points of entry, checkpoints.--At 
                        points of entry, checkpoints the following:
                                    (I) 4 license plate readers, 
                                including mobile, tactical, and fixed.
                                    (II) 13 radiation isotope 
                                identification devices updates.
                                    (III) 3 mobile automated targeting 
                                systems.
                                    (IV) 6 land automated targeting 
                                systems.
                    (G) Laredo, texas.--For Laredo, Texas the 
                following:
                            (i) Between the ports of entry.--Between 
                        ports of entry the following:
                                    (I) 2 integrated fixed towers.
                                    (II) 69 fixed camera systems (with 
                                relocation capability), which include 
                                remote video surveillance systems.
                                    (III) 38 mobile surveillance 
                                systems, which include mobile video 
                                surveillance systems, agent-portable 
                                surveillance systems, and mobile 
                                surveillance capability systems.
                                    (IV) 573 unattended ground sensors, 
                                including seismic, imaging, and 
                                infrared.
                                    (V) 124 handheld equipment devices, 
                                including handheld thermal imaging 
                                systems and night vision goggles.
                                    (VI) 38 sensor repeaters.
                                    (VII) 38 communications repeaters.
                            (ii) At points of entry, checkpoints.--At 
                        points of entry, checkpoints the following:
                                    (I) 1 non-intrusive inspection 
                                system.
                                    (II) 7 fiber-optic tank inspection 
                                scopes.
                                    (III) 19 license plate readers, 
                                including mobile, tactical, and fixed.
                                    (IV) 2 backscatter.
                                    (V) 14 portable contraband 
                                detectors.
                                    (VI) 2 radiation isotope 
                                identification devices.
                                    (VII) 18 radiation isotope 
                                identification devices updates.
                                    (VIII) 16 personal radiation 
                                detectors.
                                    (IX) 24 mobile automated targeting 
                                systems.
                                    (X) 3 land automated targeting 
                                systems.
                    (H) Rio grande valley.--For Rio Grande Valley the 
                following:
                            (i) Between ports of entry.--Between ports 
                        of entry the following:
                                    (I) 1 integrated fixed towers.
                                    (II) 87 fixed camera systems (with 
                                relocation capability), which include 
                                remote video surveillance systems.
                                    (III) 27 mobile surveillance 
                                systems, which include mobile video 
                                surveillance systems, agent-portable 
                                surveillance systems, and mobile 
                                surveillance capability systems.
                                    (IV) 716 unattended ground sensors, 
                                including seismic, imaging, and 
                                infrared.
                                    (V) 205 handheld equipment devices, 
                                including handheld thermal imaging 
                                systems and night vision goggles.
                                    (VI) 4 sensor repeaters.
                                    (VII) 1 communications repeater.
                                    (VIII) 2 camera refresh.
                            (ii) At points of entry, checkpoints.--At 
                        points of entry, checkpoints the following:
                                    (I) 1 mobile non-intrusive 
                                inspection system.
                                    (II) 11 fiberoptic tank inspection 
                                scopes.
                                    (III) 1 license plate reader.
                                    (IV) 2 backscatter.
                                    (V) 2 card reader system.
                                    (VI) 8 portable contraband 
                                detectors.
                                    (VII) 5 radiation isotope 
                                identification devices.
                                    (VIII) 18 radiation isotope 
                                identification devices updates.
                                    (IX) 135 personal radiation 
                                detectors.
                            (iii) Air and marine across the southwest 
                        border.--For air and marine across the 
                        Southwest border the following:
                                    (I) 4 unmanned aircraft systems.
                                    (II) 6 VADER radar systems.
                                    (III) 17 UH-1N helicopters.
                                    (IV) 8 C-206H aircraft upgrades.
                                    (V) 8 AS-350 light enforcement 
                                helicopters.
                                    (VI) 10 Blackhawk helicopter 10 A-L 
                                conversions, 5 new Blackhawk M Model.
                                    (VII) 30 marine vessels.
            (4) Redeployment of resources to achieve effective 
        control.--The Secretary may reallocate the personnel, 
        infrastructure, and technologies required in the Southern 
        Border Security Strategy to achieve effective control of the 
        Southern border.
            (5) Alternate technology.--If the Secretary determines that 
        an alternate or new technology is at least as effective as the 
        technologies described in paragraph (3) and provides a 
        commensurate level of security, the Secretary may deploy that 
        technology in its place and without regard to the minimums in 
        this section. The Secretary shall notify Congress within 60 
        days of any such determination.
            (6) Annual report.--Beginning 1 year after the enactment of 
        this Act, and annually thereafter, the Secretary shall provide 
        to Congress a written report to Congress on the sector-by-
        sector deployment of infrastructure and technologies.
            (7) Additional elements regarding execution.--The 
        Comprehensive Southern Border Security Strategy shall 
        describe--
                    (A) how the resources referred to in paragraph 
                (2)(C) will be properly aligned with the priorities 
                referred to in paragraph (2)(A) to ensure that the 
                strategy will be successfully executed;
                    (B) the interim goals that must be accomplished to 
                successfully implement the strategy; and
                    (C) the schedule and supporting milestones under 
                which the Department will accomplish the interim goals 
                referred to in subparagraph (B).
            (8) Implementation.--
                    (A) In general.--The Secretary shall commence the 
                implementation of the Comprehensive Southern Border 
                Security Strategy immediately after submitting the 
                strategy under paragraph (1).
                    (B) Notice of commencement.--Upon commencing the 
                implementation of the strategy, the Secretary shall 
                submit a notice of commencement of such implementation 
                to--
                            (i) Congress; and
                            (ii) the Comptroller General of the United 
                        States.
            (9) Semiannual reports.--
                    (A) In general.--Not later than 180 days after the 
                Comprehensive Southern Border Security Strategy is 
                submitted under paragraph (1), and every 180 days 
                thereafter, the Secretary shall submit a report on the 
                status of the Department's implementation of the 
                strategy to--
                            (i) the Committee on Homeland Security and 
                        Governmental Affairs of the Senate;
                            (ii) the Committee on Homeland Security of 
                        the House of Representatives;
                            (iii) the Committee on Appropriations of 
                        the Senate;
                            (iv) the Committee on Appropriations of the 
                        House of Representatives;
                            (v) the Committee on the Judiciary of the 
                        Senate;
                            (vi) the Committee on the Judiciary of the 
                        House of Representatives; and
                            (vii) the Comptroller General of the United 
                        States.
                    (B) Elements.--Each report submitted under 
                subparagraph (A) shall include--
                            (i) a detailed description of the steps the 
                        Department has taken, or plans to take, to 
                        execute the strategy submitted under paragraph 
                        (1), including the progress made toward 
                        achieving the interim goals and milestone 
                        schedule established pursuant to subparagraphs 
                        (B) and (C) of paragraph (3);
                            (ii) a detailed description of--
                                    (I) any impediments identified in 
                                the Department's efforts to execute the 
                                strategy;
                                    (II) the actions the Department has 
                                taken, or plans to take, to address 
                                such impediments; and
                                    (III) any additional measures 
                                developed by the Department to measure 
                                the state of security along the 
                                Southern border; and
                            (iii) for each Border Patrol sector along 
                        the Southern border--
                                    (I) the effectiveness rate for each 
                                individual Border Patrol sector and the 
                                aggregated effectiveness rate;
                                    (II) the number of recidivist 
                                apprehensions, sorted by Border Patrol 
                                sector; and
                                    (III) the recidivism rate for all 
                                unique subjects that received a 
                                criminal consequence through the 
                                Consequence Delivery System process.
                    (C) Annual review.--The Comptroller General of the 
                United States shall conduct an annual review of the 
                information contained in the semiannual reports 
                submitted by the Secretary under this paragraph and 
                submit an assessment of the status and progress of the 
                Southern Border Security Strategy to the committees set 
                forth in subparagraph (A).
    (b) Southern Border Fencing Strategy.--
            (1) Establishment.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary shall establish a 
        strategy, to be known as the ``Southern Border Fencing 
        Strategy'', to identify where 700 miles of fencing (including 
        double-layer fencing), infrastructure, and technology, 
        including at ports of entry, should be deployed along the 
        Southern border.
            (2) Submission.--The Secretary shall submit the Southern 
        Border Fencing Strategy to Congress and the Comptroller General 
        of the United States for review.
            (3) Notice of commencement.--Upon commencing the 
        implementation of the Southern Border Fencing Strategy, the 
        Secretary shall submit a notice of commencement of the 
        implementation of the Strategy to Congress and the Comptroller 
        General of the United States.
            (4) Consultation.--
                    (A) In general.--In implementing the Southern 
                Border Fencing Strategy required by this subsection, 
                the Secretary shall consult with the Secretary of the 
                Interior, the Secretary of Agriculture, States, local 
                governments, Indian tribes, and property owners in the 
                United States to minimize the impact on the 
                environment, culture, commerce, and quality of life for 
                the communities and residents located near the sites at 
                which such fencing is to be constructed.
                    (B) Savings provision.--Nothing in this paragraph 
                may be construed to--
                            (i) create or negate any right of action 
                        for a State or local government or other person 
                        or entity affected by this subsection; or
                            (ii) affect the eminent domain laws of the 
                        United States or of any State.
            (5) Limitation on requirements.--Notwithstanding paragraph 
        (1), nothing in this subsection shall require the Secretary to 
        install fencing, or infrastructure that directly results from 
        the installation of such fencing, in a particular location 
        along the Southern border, if the Secretary determines that the 
        use or placement of such resources is not the most appropriate 
        means to achieve and maintain effective control over the 
        Southern border at such location.

SEC. 6. COMPREHENSIVE IMMIGRATION REFORM FUNDS.

    (a) Comprehensive Immigration Reform Trust Fund.--
            (1) Establishment.--There is established in the Treasury a 
        separate account, to be known as the Comprehensive Immigration 
        Reform Trust Fund (referred to in this section as the ``Trust 
        Fund''), consisting of--
                    (A) amounts transferred from the general fund of 
                the Treasury under paragraph (2)(A); and
                    (B) proceeds from the fees described in paragraph 
                (2)(B).
            (2) Deposits.--
                    (A) Initial funding.--On the later of the date of 
                the enactment of this Act or October 1, 2013, 
                $46,300,000,000 shall be transferred from the general 
                fund of the Treasury to the Trust Fund.
                    (B) Ongoing funding.--Notwithstanding section 3302 
                of title 31, United States Code, in addition to the 
                funding described in subparagraph (A), and subject to 
                paragraphs (3)(B) and (4), the following amounts shall 
                be deposited in the Trust Fund:
                            (i) Electronic travel authorization system 
                        fees.--Fees collected under section 
                        217(h)(3)(B)(i)(II) of the Immigration and 
                        Nationality Act, as added by section 1102(c).
                            (ii) Registered provisional immigrant 
                        penalties.--Penalties collected under section 
                        245B(c)(10)(C) of the Immigration and 
                        Nationality Act, as added by section 2101.
                            (iii) Blue card penalty.--Penalties 
                        collected under section 2211(b)(9)(C).
                            (iv) Fine for adjustment from blue card 
                        status.--Fines collected under section 
                        245F(a)(5) of the Immigration and Nationality 
                        Act, as added by section 2212(a).
                            (v) Penalties for false statements in 
                        applications.--Fines collected under section 
                        245F(f) of the Immigration and Nationality Act, 
                        as added by section 2212(a).
                            (vi) Merit system green card fees.--Fees 
                        collected under section 203(c)(6) of the 
                        Immigration and Nationality Act, as amended by 
                        section 2301(a)(2).
                            (vii) H-1B and l visa fees.--Fees collected 
                        under section 281(d) of the Immigration and 
                        Nationality Act, as added by section 4105.
                            (viii) H-1B outplacement fee.--Fees 
                        collected under section 212(n)(1)(F)(ii) of the 
                        Immigration and Nationality Act, as amended by 
                        section 4211(d).
                            (ix) H-1B nonimmigrant dependent employer 
                        fees.--Fees collected under section 4233(a)(2).
                            (x) L nonimmigrant dependent employer 
                        fees.--Fees collected under section 4305(a)(2).
                            (xi) J-1 visa mitigation fees.--Fees 
                        collected under section 281(e) of the 
                        Immigration and Nationality Act, as added by 
                        section 4407.
                            (xii) F-1 visa fees.--Fees collected under 
                        section 281(f) of the Immigration and 
                        Nationality Act, as added by section 4409.
                            (xiii) Retiree visa fees.--Fees collected 
                        under section 214(w)(1)(B) of the Immigration 
                        and Nationality Act, as added by section 
                        4504(b).
                            (xiv) Visitor visa fees.--Fees collected 
                        under section 281(g) of the Immigration and 
                        Nationality Act, as added by section 4509.
                            (xv) H-2B visa fees.--Fees collected under 
                        section 214(x)(5)(A) of the Immigration and 
                        Nationality Act, as added by section 4602(a).
                            (xvi) Nonimmigrants performing maintenance 
                        on common carriers.--Fees collected under 
                        section 214(z) of the Immigration and 
                        Nationality Act, as added by section 4604.
                            (xvii) X-1 visa fees.--Fees collected under 
                        section 214(s)(6) of the Immigration and 
                        Nationality Act, as added by section 4801.
                            (xviii) Penalty for adjustment from 
                        registered provisional immigrant status.--
                        Penalties collected under section 245C(c)(5)(B) 
                        of the Immigration and Nationality Act, as 
                        added by section 2102.
                    (C) Authority to adjust fees.--As necessary to 
                carry out the purposes of this Act, the Secretary may 
                adjust the amounts of the fees and penalties set out 
                under subparagraph (B), except for the fines and 
                penalties referred to in clauses (ii), (iii), (iv), or 
                (xviii) of such subparagraph; provided further that the 
                Secretary shall adjust the amounts of the fees and 
                penalties set out under subparagraph (B), except for 
                the fines and penalties referred to in clauses (ii), 
                (iii), (iv), or (xviii) of such subparagraph to result 
                in no less than $500,000,000 being available for fiscal 
                year 2014 and $1,000,000,000 for fiscal years 2015 
                through 2023 for appropriations for activities 
                authorized under this Act. If the Secretary determines 
                that adjusting the fees and penalties set out under 
                subparagraph (B) will be insufficient or impractical to 
                cover the costs of the mandatory enforcement 
                expenditures in this Act, the Secretary may charge an 
                additional surcharge on every immigrant and 
                nonimmigrant petition filed with the Secretary in an 
                amount designed to be the minimum proportional 
                surcharge necessary to recover the annual mandatory 
                enforcement expenditures in this legislation.
            (3) Use of funds.--
                    (A) Initial funding.--Of the amounts transferred to 
                the Trust Fund pursuant to paragraph (2)(A)--
                            (i) $30,000,000,000 shall remain available 
                        for the 10-year period beginning on the date 
                        specified in paragraph (2)(A) for use by the 
                        Secretary in hiring and deploying at least 
                        19,200 additional trained full-time active duty 
                        U.S. Border Patrol agents along the Southern 
                        Border;
                            (ii) $4,500,000,000 shall remain available 
                        for the 5-year period beginning on the date 
                        specified in paragraph (2)(A) for use by the 
                        Secretary to carry out the Comprehensive 
                        Southern Border Security Strategy;
                            (iii) $2,000,000,000 shall remain available 
                        for the 10-year period beginning on the date 
                        specified in paragraph (2)(A) for use by the 
                        Secretary to carry out programs, projects, and 
                        activities recommended by the Commission 
                        pursuant to section 4(d) to achieve and 
                        maintain the border security goal specified in 
                        section 3(b), and for the administrative 
                        expenses directly associated with convening the 
                        public hearings required by section 3(c)(2)(A) 
                        and preparing and providing summaries of such 
                        hearings required by section 3(c)(2)(B);
                            (iv) $8,000,000,000 shall be made available 
                        to the Secretary, during the 5-year period 
                        beginning on the date of the enactment of this 
                        Act, to procure and deploy fencing, 
                        infrastructure, and technology in accordance 
                        with the Southern Border Fencing Strategy 
                        established pursuant to section 5(b), not less 
                        than $7,500,000,000 of which shall be used to 
                        deploy, repair, or replace fencing;
                            (v) $750,000,000 shall remain available for 
                        the 6-year period beginning on the date 
                        specified in paragraph (2)(A) for use by the 
                        Secretary to expand and implement the mandatory 
                        employment verification system, which shall be 
                        used as required by section 274A of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1324a), as amended by section 3101;
                            (vi) $900,000,000 shall remain available 
                        for the 8-year period beginning on the date 
                        specified in paragraph (2)(A) for use by the 
                        Secretary of State to pay for one-time and 
                        startup costs necessary to implement this Act; 
                        and
                            (vii) $150,000,000 shall remain available 
                        for the 2-year period beginning on the date 
                        specified in paragraph (2)(A) for use by the 
                        Secretary for transfer to the Secretary of 
                        Labor, the Secretary of Agriculture, or the 
                        Attorney General, for initial costs of 
                        implementing this Act.
                    (B) Repayment of trust fund expenses.--The first 
                $8,300,000,000 collected pursuant to the fees, 
                penalties, and fines referred to in clauses (ii), 
                (iii), (iv), (vi), (xiii), (xvii), and (xviii) of 
                paragraph (2)(B) shall be collected, deposited in the 
                general fund of the Treasury, and used for Federal 
                budget deficit reduction. Collections in excess of 
                $8,300,000,000 shall be deposited into the Trust Fund, 
                as specified in paragraph (2)(B).
                    (C) Program implementation.--Amounts deposited into 
                the Trust Fund pursuant to paragraph (2)(B) shall be 
                available during each of fiscal years 2014 through 2018 
                as follows:
                            (i) $50,000,000 to carry out the activities 
                        referenced in section 1104(a)(1).
                            (ii) $50,000,000 to carry out the 
                        activities referenced in section 1104(b).
                    (D) Ongoing funding.--Subject to the availability 
                of appropriations, amounts deposited in the Trust Fund 
                pursuant to paragraph (2)(B) are authorized to be 
                appropriated as follows:
                            (i) Such sums as may be necessary to carry 
                        out the authorizations included in this Act, 
                        including the costs, including pay and 
                        benefits, associated with the additional 
                        personnel required by section 1102.
                            (ii) Such sums as may be necessary to carry 
                        out the operations and maintenance of border 
                        security and immigration enforcement 
                        investments referenced in subparagraph (A).
                    (E) Expenditure plan.--The Secretary, in 
                consultation with the Attorney General and the 
                Secretary of Defense, shall submit to the Committee on 
                Appropriations of the Senate, the Committee on the 
                Judiciary of the Senate, the Committee on 
                Appropriations of the House of Representatives, and the 
                Committee on the Judiciary of the House of 
                Representatives, in conjunction with the Comprehensive 
                Southern Border Strategy and the Southern Border 
                Fencing Strategy, a plan for expenditure that 
                describes--
                            (i) the types and planned deployment of 
                        fixed, mobile, video, and agent and officer 
                        portable surveillance and detection equipment, 
                        including those recommended or provided by the 
                        Department of Defense;
                            (ii) the number of Border Patrol agents and 
                        Customs and Border Protection officers to be 
                        hired, including a detailed description of 
                        which Border Patrol sectors and which land 
                        border ports of entry they will be stationed;
                            (iii) the numbers and type of unarmed, 
                        unmanned aerial systems and unarmed, fixed-wing 
                        and rotary aircraft, including pilots, air 
                        interdiction agents, and support staff to fly 
                        or otherwise operate and maintain the 
                        equipment;
                            (iv) the numbers, types, and planned 
                        deployment of marine and riverine vessels, if 
                        any, including marine interdiction agents and 
                        support staff to operate and maintain the 
                        vessels;
                            (v) the locations, amount, and planned 
                        deployment of fencing, including double layer 
                        fencing, tactical and other infrastructure, and 
                        technology, including but not limited to fixed 
                        towers, sensors, cameras, and other detection 
                        technology;
                            (vi) the numbers, types, and planned 
                        deployment of ground-based mobile surveillance 
                        systems;
                            (vii) the numbers, types, and planned 
                        deployment of tactical and other interoperable 
                        law enforcement communications systems and 
                        equipment;
                            (viii) required construction, including 
                        repairs, expansion, and maintenance, and 
                        location of additional checkpoints, Border 
                        Patrol stations, and forward operating bases;
                            (ix) the number of additional attorneys and 
                        support staff for the Office of the United 
                        States Attorney for Tucson;
                            (x) the number of additional support staff 
                        and interpreters in the Office of the Clerk of 
                        the Court for Tucson;
                            (xi) the number of additional personnel, 
                        including Marshals and Deputy Marshals for the 
                        United States Marshals Office for Tucson;
                            (xii) the number of additional magistrate 
                        judges for the southern border United States 
                        District Courts;
                            (xiii) activities to be funded by the 
                        Homeland Security Border Oversight Task Force;
                            (xiv) amounts and types of grants to States 
                        and other entities;
                            (xv) amounts and activities necessary to 
                        hire additional personnel and for start-up 
                        costs related to upgrading software and 
                        information technology necessary to transition 
                        from a voluntary E-Verify system to mandatory 
                        employment verification system under section 
                        274A of the Immigration and Nationality Act (8 
                        U.S.C. 1324a) within 5 years;
                            (xvi) the number of additional personnel 
                        and other costs associated with implementing 
                        the immigration courts and removal proceedings 
                        mandated in subtitle E of title III;
                            (xvii) the steps the Commissioner of Social 
                        Security plans to take to create a fraud-
                        resistant, tamper-resistant, wear-resistant, 
                        and identity-theft resistant Social Security 
                        card, including--
                                    (I) the types of equipment needed 
                                to create the card;
                                    (II) the total estimated costs for 
                                completion that clearly delineates 
                                costs associated with the acquisition 
                                of equipment and transition to 
                                operation, subdivided by fiscal year 
                                and including a description of the 
                                purpose by fiscal year for design, pre-
                                acquisition activities, production, and 
                                transition to operation;
                                    (III) the number and type of 
                                personnel, including contract 
                                personnel, required to research, 
                                design, test, and produce the card; and
                                    (IV) a detailed schedule for 
                                production of the card, including an 
                                estimated completion date at the 
                                projected funding level provided in 
                                this Act; and
                            (xviii) the operations and maintenance 
                        costs associated with the implementation of 
                        clauses (i) through (xvii).
                    (F) Annual revision.--The expenditure plan required 
                in (E) shall be revised and submitted with the 
                President's budget proposals for fiscal year 2016, 
                2017, 2018, and 2019 pursuant to the requirements of 
                section 1105(a) of title 31, United States Code.
                    (G) Commission expenditure plan.--
                            (i) Requirement for plan.--If the Southern 
                        Border Security Commission referenced in 
                        section 4 is established, the Secretary shall 
                        submit to the appropriate committees of 
                        Congress, not later than 60 days after the 
                        submission of the review required by section 
                        4(g), a plan for expenditure that achieves the 
                        recommendations in the report required by 
                        section 4(d) and the review required by section 
                        4(g).
                            (ii) Appropriate committees of congress 
                        defined.--In clause (i), the term ``appropriate 
                        committees of Congress'' means--
                                    (I) the Committee on 
                                Appropriations, the Committee on the 
                                Judiciary, and the Committee on Finance 
                                of the Senate; and
                                    (II) the Committee on 
                                Appropriations, the Committee on the 
                                Judiciary, and the Committee on Ways 
                                and Means of the House of 
                                Representatives.
            (4) Limitation on collection.--
                    (A) In general.--No fee deposited in the Trust Fund 
                may be collected except to the extent that the 
                expenditure of the fee is provided for in advance in an 
                appropriations Act only to pay the costs of activities 
                and services for which appropriations are authorized to 
                be funded from the Trust Fund.
                    (B) Receipts collected as offsetting receipts.--
                Until the date of the enactment of an Act making 
                appropriations for the activities authorized under this 
                Act through September 30, 2014, the fees authorized by 
                paragraph (2)(B) that are not deposited into the 
                general fund pursuant to paragraph (3)(B) may be 
                collected and shall be credited as to the Trust Fund to 
                remain available until expended only to pay the costs 
                of activities and services for which appropriations are 
                authorized to be funded from the Trust Fund.
    (b) Comprehensive Immigration Reform Startup Account.--
            (1) Establishment.--There is established in the Treasury a 
        separate account, to be known as the ``Comprehensive 
        Immigration Reform Startup Account,'' (referred to in this 
        section as the ``Startup Account''), consisting of amounts 
        transferred from the general fund of the Treasury under 
        paragraph (2).
            (2) Deposits.--There is appropriated to the Startup 
        Account, out of any funds in the Treasury not otherwise 
        appropriated, $3,000,000,000, to remain available until 
        expended on the later of the date that is--
                    (A) the date of the enactment of this Act; or
                    (B) October 1, 2013.
            (3) Repayment of startup costs.--
                    (A) In general.--Notwithstanding section 286(m) of 
                the Immigration and Nationality Act (8 U.S.C. 1356(m)), 
                50 percent of fees collected under section 
                245B(c)(10)(A) of the Immigration and Nationality Act, 
                as added by section 2101 of this Act, shall be 
                deposited monthly in the general fund of the Treasury 
                and used for Federal budget deficit reduction until the 
                funding provided by paragraph (2) has been repaid.
                    (B) Deposit in the immigration examinations fee 
                account.--Fees collected in excess of the amount 
                referenced in subparagraph (A) shall be deposited in 
                the Immigration Examinations Fee Account, pursuant to 
                section 286(m) of the Immigration and Nationality Act 
                (8 U.S.C. 1356(m)), and shall remain available until 
                expended pursuant to section 286(n) of the Immigration 
                and Nationality Act (8 U.S.C. 1356(n)).
            (4) Use of funds.--The Secretary shall use the amounts 
        transferred to the Startup Account to pay for one-time and 
        startup costs necessary to implement this Act, including--
                    (A) equipment, information technology systems, 
                infrastructure, and human resources;
                    (B) outreach to the public, including development 
                and promulgation of any regulations, rules, or other 
                public notice;
                    (C) grants to community and faith-based 
                organizations; and
                    (D) anti-fraud programs and actions related to 
                implementation of this Act.
            (5) Expenditure plan.--Not later than 90 days after the 
        date of the enactment of this Act, the Secretary, in 
        consultation with the Attorney General and the Secretary of 
        Defense, shall submit to the Committee on Appropriations and 
        the Committee on the Judiciary of the Senate and the Committee 
        on Appropriations and the Committee on the Judiciary of the 
        House of Representatives, a plan for expenditure of the one-
        time and startup funds in the Startup Account that provides 
        details on--
                    (A) the types of equipment, information technology 
                systems, infrastructure, and human resources;
                    (B) the plans for outreach to the public, including 
                development and promulgation of any regulations, rules, 
                or other public notice;
                    (C) the types and amounts of grants to community 
                and faith-based organizations; and
                    (D) the anti-fraud programs and actions related to 
                implementation of this Act.
    (c) Annual Audits.--
            (1) Audits required.--Not later than October 1 each year 
        beginning on or after the date of the enactment of this Act, 
        the Chief Financial Officer of the Department of Homeland 
        Security shall, in conjunction with the Inspector General of 
        the Department of Homeland Security, conduct an audit of the 
        Trust Fund.
            (2) Reports.--Upon completion of each audit of the Trust 
        Fund under paragraph (1), the Chief Financial Officer shall, in 
        conjunction with the Inspector General, submit to Congress, and 
        make available to the public on an Internet website of the 
        Department available to the public, a jointly audited financial 
        statement concerning the Trust Fund.
            (3) Elements.--Each audited financial statement under 
        paragraph (2) shall include the following:
                    (A) The report of an independent certified public 
                accountant.
                    (B) A balance sheet reporting admitted assets, 
                liabilities, capital and surplus.
                    (C) A statement of cash flow.
                    (D) Such other information on the Trust Fund as the 
                Chief Financial Officer, the Inspector General, or the 
                independent certified public accountant considers 
                appropriate to facilitate a comprehensive understanding 
                of the Trust Fund during the year covered by the 
                financial statement.
    (d) Determination of Budgetary Effects.--
            (1) Emergency designation for congressional enforcement.--
        In the Senate, amounts appropriated by or deposited in the 
        general fund of the Treasury pursuant to this section are 
        designated as an emergency requirement pursuant to section 
        403(a) of S. Con. Res. 13 (111th Congress), the concurrent 
        resolution on the budget for fiscal year 2010.
            (2) Emergency designation for statutory paygo.--Amounts 
        appropriated by or deposited in the general fund of the 
        Treasury pursuant to this section are designated as an 
        emergency requirement under section 4(g) of the Statutory Pay-
        As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)).

SEC. 7. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.).

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Department.--Except as otherwise provided, the term 
        ``Department'' means the Department of Homeland Security.
            (2) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of Homeland Security.

SEC. 9. GRANT ACCOUNTABILITY.

    (a) Definitions.--In this section:
            (1) Awarding entities.--The term ``awarding entities'' 
        means the Secretary of Homeland Security, the Director of the 
        Federal Emergency Management Agency (FEMA), the Chief of the 
        Office of Citizenship and New Americans, as designated by this 
        Act, and the Director of the National Science Foundation.
            (2) Nonprofit organization.--The term ``nonprofit 
        organization'' means an organization that is described in 
        section 501(c)(3) of the Internal Revenue Code of 1986 and is 
        exempt from taxation under section 501(a) of such Code.
            (3) Unresolved audit finding.--The term ``unresolved audit 
        finding'' means a finding in a final audit report conducted by 
        the Inspector General of the Department of Homeland Security, 
        or the Inspector General for the National Science Foundation 
        for grants awarded by the Director of the National Science 
        Foundation, that the audited grantee has utilized grant funds 
        for an unauthorized expenditure or otherwise unallowable cost 
        that is not closed or resolved within 1 year from the date when 
        the final audit report is issued.
    (b) Accountability.--All grants awarded by awarding entities 
pursuant to this Act shall be subject to the following accountability 
provisions:
            (1) Audit requirement.--
                    (A) Audits.--Beginning in the first fiscal year 
                beginning after the date of the enactment of this 
                section, and in each fiscal year thereafter, the 
                Inspector General of the Department of Homeland 
                Security, or the Inspector General for the National 
                Science Foundation for grants awarded by the Director 
                of the National Science Foundation, shall conduct 
                audits of recipients of grants under this Act to 
                prevent waste, fraud, and abuse of funds by grantees. 
                The Inspector Generals shall determine the appropriate 
                number of grantees to be audited each year.
                    (B) Mandatory exclusion.--A recipient of grant 
                funds under this Act that is found to have an 
                unresolved audit finding shall not be eligible to 
                receive grant funds under this Act during the first 2 
                fiscal years beginning after the end of the 1-year 
                period described in subsection (a)(3).
                    (C) Priority.--In awarding grants under this Act, 
                the awarding entities shall give priority to eligible 
                applicants that did not have an unresolved audit 
                finding during the 3 fiscal years before submitting an 
                application for a grant under this Act.
                    (D) Reimbursement.--If an entity is awarded grant 
                funds under this Act during the 2-fiscal-year period 
                during which the entity is barred from receiving grants 
                under subparagraph (B), the awarding entity shall--
                            (i) deposit an amount equal to the amount 
                        of the grant funds that were improperly awarded 
                        to the grantee into the General Fund of the 
                        Treasury; and
                            (ii) seek to recoup the costs of the 
                        repayment to the fund from the grant recipient 
                        that was erroneously awarded grant funds.
            (2) Nonprofit organization requirements.--
                    (A) Prohibition.--An awarding entity may not award 
                a grant under this Act to a nonprofit organization that 
                holds money in offshore accounts for the purpose of 
                avoiding paying the tax described in section 511(a) of 
                the Internal Revenue Code of 1986.
                    (B) Disclosure.--Each nonprofit organization that 
                is awarded a grant under this Act and uses the 
                procedures prescribed in regulations to create a 
                rebuttable presumption of reasonableness for the 
                compensation of its officers, directors, trustees, and 
                key employees, shall disclose to the awarding entity, 
                in the application for the grant, the process for 
                determining such compensation, including the 
                independent persons involved in reviewing and approving 
                such compensation, the comparability data used, and 
                contemporaneous substantiation of the deliberation and 
                decision. Upon request, the awarding entity shall make 
                the information disclosed under this subparagraph 
                available for public inspection.
            (3) Conference expenditures.--
                    (A) Limitation.--No amounts authorized to be 
                appropriated to the Department of Homeland Security or 
                the National Science Foundation for grant programs 
                under this Act may be used by an awarding entity or by 
                any individual or entity awarded discretionary funds 
                through a cooperative agreement under this Act to host 
                or support any expenditure for conferences that uses 
                more than $20,000 in funds made available by the 
                Department of Homeland Security or the National Science 
                Foundation unless the Deputy Secretary for Homeland 
                Security, or the Deputy Director of the National 
                Science Foundation, or their designee, provides prior 
                written authorization that the funds may be expended to 
                host the conference.
                    (B) Written approval.--Written approval under 
                subparagraph (A) shall include a written estimate of 
                all costs associated with the conference, including the 
                cost of all food, beverages, audio-visual equipment, 
                honoraria for speakers, and entertainment.
                    (C) Report.--The Deputy Secretary of Homeland 
                Security and the Deputy Director of the National 
                Science Foundation shall submit an annual report to 
                Congress on all conference expenditures approved under 
                this paragraph.
            (4) Annual certification.--Beginning in the first fiscal 
        year beginning after the date of the enactment of this 
        subsection, each awarding entity shall submit to Congress a 
        report--
                    (A) indicating whether--
                            (i) all audits issued by the Offices of the 
                        Inspector General under paragraph (1) have been 
                        completed and reviewed by the appropriate 
                        individuals;
                            (ii) all mandatory exclusions required 
                        under paragraph (1)(B) have been issued; and
                            (iii) all reimbursements required under 
                        paragraph (1)(D) have been made; and
                    (B) including a list of any grant recipients 
                excluded under paragraph (1) from the previous year.

             TITLE I--BORDER SECURITY AND OTHER PROVISIONS

                      Subtitle A--Border Security

SEC. 1101. DEFINITIONS.

    In this title:
            (1) Northern border.--The term ``Northern border'' means 
        the international border between the United States and Canada.
            (2) Rural, high-trafficked areas.--The term ``rural, high-
        trafficked areas'' means rural areas through which drugs and 
        undocumented aliens are routinely smuggled, as designated by 
        the Commissioner of U.S. Customs and Border Protection.
            (3) Southern border.--The term ``Southern border'' means 
        the international border between the United States and Mexico.
            (4) Southwest border region.--The term ``Southwest border 
        region'' means the area in the United States that is within 100 
        miles of the Southern border.

SEC. 1102. ADDITIONAL U.S. BORDER PATROL AND U.S. CUSTOMS AND BORDER 
              PROTECTION OFFICERS.

    (a) U.S. Border Patrol.--Not later than September 30, 2021, the 
Secretary shall increase the number of trained full-time active duty 
U.S. Border Patrol agents deployed to the Southern border to 38,405.
    (b) U.S. Customs and Border Protection.--Not later than September 
30, 2017, the Secretary shall increase the number of trained U.S. 
Customs and Border Protection officers by 3,500, compared to the number 
of such officers as of the date of the enactment of this Act. In 
allocating any new officers to international land ports of entry and 
high volume international airports, the primary goals shall be to 
increase security and reduce wait times of commercial and passenger 
vehicles at international land ports of entry and primary processing 
wait times at high volume international airports by 50 percent by 
fiscal year 2104 and screening all air passengers within 45 minutes 
under normal operating conditions or 80 percent of passengers within 30 
minutes by fiscal year 2016. The Secretary shall make progress in 
increasing such number of officers during each of the fiscal years 2014 
through 2017.
    (c) Air and Marine Unmanned Aircraft Systems Crew.--Not later than 
September 30, 2015, the Secretary shall increase the number of trained 
U.S. Customs and Border Protection Air and Marine unmanned aircraft 
systems crew, marine agent, and personnel by 160 compared to the number 
of such officers as of the date of the enactment of this Act. The 
Secretary shall increase and maintain Customs and Border Protection 
Office of Air and Marine flight hours to 130,000 annually.
    (d) Construction.--Nothing in subsection (a) may be construed to 
preclude the Secretary from reassigning or stationing U.S. Customs and 
Border Protection Officers and U.S. Border Patrol Agents from the 
Northern border to the Southern border.
    (e) Funding.--Section 217(h)(3)(B) (8 U.S.C. 1187(h)(3)(B)) is 
amended--
            (1) in clause (i)--
                    (A) by striking ``No later than 6 months after the 
                date of enactment of the Travel Promotion Act of 2009, 
                the'' and inserting ``The'';
                    (B) in subclause (I), by striking ``and'' at the 
                end;
                    (C) by redesignating subclause (II) as subclause 
                (III); and
                    (D) by inserting after subclause (I) the following:
                                    ``(II) $16 for border processing; 
                                and'';
            (2) in clause (ii), by striking ``Amounts collected under 
        clause (i)(II)'' and inserting ``Amounts collected under clause 
        (i)(II) shall be deposited into the Comprehensive Immigration 
        Reform Trust Fund established under section 6(a)(1) of the 
        Border Security, Economic Opportunity, and Immigration 
        Modernization Act, for the purpose of implementing section 
        1102(b) of such Act. Amounts collected under clause (i)(III)''; 
        and
            (3) by striking clause (iii).
    (f) Corporation for Travel Promotion.--Section 9(d)(2)(B) of the 
Travel Promotion Act of 2009 (22 U.S.C. 2131(d)(2)(B)) is amended by 
striking ``For each of fiscal years 2012 through 2015,'' and inserting 
``For each fiscal year after 2012,''.
    (g) Recruitment of Former Members of the Armed Forces and Members 
of Reserve Components of the Armed Forces.--
            (1) Requirement for program.--The Secretary, in conjunction 
        with the Secretary of Defense, shall establish a program to 
        actively recruit members of the reserve components of the Armed 
        Forces and former members of the Armed Forces, including the 
        reserve components, to serve in United States Customs and 
        Border Protection and United States Immigration and Customs 
        Enforcement.
            (2) Recruitment incentives.--
                    (A) Student loan repayments for united states 
                border patrol agents with a three-year commitment.--
                Section 5379(b) of title 5, United States Code, is 
                amended by adding at the end the following new 
                paragraph:
    ``(4) In the case of an employee who is otherwise eligible for 
benefits under this section and who is serving as a full-time active-
duty United States border patrol agent within the Department of 
Homeland Security--
            ``(A) paragraph (2)(A) shall be applied by substituting 
        `$20,000' for `$10,000'; and
            ``(B) paragraph (2)(B) shall be applied by substituting 
        `$80,000' for `$60,000'.''.
                    (B) Recruitment and relocation bonuses and 
                retention allowances for personnel of the department of 
                homeland security.--The Secretary of Homeland Security 
                shall ensure that the authority to pay recruitment and 
                relocation bonuses under section 5753 of title 5, 
                United States Code, the authority to pay retention 
                bonuses under section 5754 of such title, and any other 
                similar authorities available under any other provision 
                of law, rule, or regulation, are exercised to the 
                fullest extent allowable in order to encourage service 
                in the Department of Homeland Security.
            (3) Report on recruitment incentives.--
                    (A) In general.--Not later than 90 days after the 
                date of the enactment of this Act, the Secretary and 
                the Secretary of Defense shall jointly submit to the 
                appropriate committees of Congress a report including 
                an assessment of the desirability and feasibility of 
                offering incentives to members of the reserve 
                components of the Armed Forces and former members of 
                the Armed Forces, including the reserve components, for 
                the purpose of encouraging such members to serve in 
                United States Customs and Border Protection and 
                Immigration and Customs Enforcement.
                    (B) Content.--The report required by subparagraph 
                (A) shall include--
                            (i) a description of various monetary and 
                        non-monetary incentives considered for purposes 
                        of the report; and
                            (ii) an assessment of the desirability and 
                        feasibility of utilizing any such incentive.
            (4) Appropriate committees of congress defined.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Appropriations, the Committee 
                on Armed Services, and the Committee on Homeland 
                Security and Governmental Affairs of the Senate; and
                    (B) the Committee on Appropriations, the Committee 
                on Armed Services, and the Committee on Homeland 
                Security of the House of Representatives.
    (h) Report.--Prior to the hiring and training of additional U.S. 
Customs and Border Protection officers under subsection (a), the 
Secretary shall submit to Congress a report on current wait times at 
land, air, and sea ports of entry, officer staffing at land, air, and 
sea ports of entry and projections for new officer allocation at land, 
air, and sea ports of entry designed to implement subsection (a), 
including the need to hire non-law enforcement personnel for 
administrative duties.

SEC. 1103. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN BORDER.

    (a) In General.--With the approval of the Secretary of Defense, the 
Governor of a State may order any unit or personnel of the National 
Guard of such State to perform operations and missions under section 
502(f) of title 32, United States Code, in the Southwest Border region 
for the purposes of assisting U.S. Customs and Border Protection in 
securing the Southern border.
    (b) Assignment of Operations and Missions.--
            (1) In general.--National Guard units and personnel 
        deployed under subsection (a) may be assigned such operations 
        and missions specified in subsection (c) as may be necessary to 
        secure the Southern border.
            (2) Nature of duty.--The duty of National Guard personnel 
        performing operations and missions described in paragraph (1) 
        shall be full-time duty under title 32, United States Code.
    (c) Range of Operations and Missions.--The operations and missions 
assigned under subsection (b) shall include the temporary authority--
            (1) to construct fencing, including double-layer and 
        triple-layer fencing;
            (2) to increase ground-based mobile surveillance systems;
            (3) to deploy additional unmanned aerial systems and manned 
        aircraft sufficient to maintain continuous surveillance of the 
        Southern border;
            (4) to deploy and provide capability for radio 
        communications interoperability between U.S. Customs and Border 
        Protection and State, local, and tribal law enforcement 
        agencies;
            (5) to construct checkpoints along the Southern border to 
        bridge the gap to long-term permanent checkpoints; and
            (6) to provide assistance to U.S. Customs and Border 
        Protection, particularly in rural, high-trafficked areas, as 
        designated by the Commissioner of U.S. Customs and Border 
        Protection.
    (d) Materiel and Logistical Support.--The Secretary of Defense 
shall deploy such materiel and equipment and logistical support as may 
be necessary to ensure success of the operations and missions conducted 
by the National Guard under this section.
    (e) Exclusion From National Guard Personnel Strength Limitations.--
National Guard personnel deployed under subsection (a) shall not be 
included in--
            (1) the calculation to determine compliance with limits on 
        end strength for National Guard personnel; or
            (2) limits on the number of National Guard personnel that 
        may be placed on active duty for operational support under 
        section 115 of title 10, United States Code.

SEC. 1104. ENHANCEMENT OF EXISTING BORDER SECURITY OPERATIONS.

    (a) Border Crossing Prosecutions.--
            (1) In general.--From the amounts made available pursuant 
        to the appropriations in paragraph (3), funds shall be made 
        available--
                    (A) to increase the number of border crossing 
                prosecutions in the Tucson Sector of the Southwest 
                border region to up to 210 prosecutions per day through 
                increasing funding available for--
                            (i) attorneys and administrative support 
                        staff in the Office of the United States 
                        Attorney for Tucson;
                            (ii) support staff and interpreters in the 
                        Office of the Clerk of the Court for Tucson;
                            (iii) pre-trial services;
                            (iv) activities of the Federal Public 
                        Defender Office for Tucson; and
                            (v) additional personnel, including Deputy 
                        United States Marshals in the United States 
                        Marshals Office for Tucson to perform intake, 
                        coordination, transportation, and court 
                        security; and
                    (B) reimburse Federal, State, local, and tribal law 
                enforcement agencies for any detention costs related to 
                the border crossing prosecutions carried out pursuant 
                to subparagraph (A).
            (2) Additional magistrate judges to assist with increased 
        caseload.--The chief judge of the United States District Court 
        for the District of Arizona is authorized to appoint additional 
        full-time magistrate judges, who, consistent with the 
        Constitution and laws of the United States, shall have the 
        authority to hear cases and controversies in the judicial 
        district in which the respective judges are appointed.
            (3) Funding.--There are authorized to be appropriated, from 
        the Comprehensive Immigration Reform Trust Fund established 
        under section 6(a)(1), such sums as may be necessary to carry 
        out this subsection.
    (b) Operation Stonegarden.--
            (1) In general.--The Federal Emergency Management Agency 
        shall enhance law enforcement preparedness and operational 
        readiness along the borders of the United States through 
        Operation Stonegarden. The amounts available under this 
        paragraph are in addition to any other amounts otherwise made 
        available for Operation Stonegarden. Grants under this 
        subsection shall be allocated based on sector-specific border 
        risk methodology, based on factors including threat, 
        vulnerability, miles of border, and other border-specific 
        information. Allocations for grants and reimbursements to law 
        enforcement agencies under this paragraph shall be made by the 
        Federal Emergency Management Agency through a competitive 
        process.
            (2) Funding.--There are authorized to be appropriated, from 
        the amounts made available under section 6(a)(3)(A)(i), such 
        sums as may be necessary to carry out this subsection.
    (c) Infrastructure Improvements.--
            (1) Border patrol stations.--The Secretary shall--
                    (A) construct additional Border Patrol stations in 
                the Southwest border region that U.S. Border Patrol 
                determines are needed to provide full operational 
                support in rural, high-trafficked areas; and
                    (B) analyze the feasibility of creating additional 
                Border Patrol sectors along the Southern border to 
                interrupt drug trafficking operations.
            (2) Forward operating bases.--The Secretary shall enhance 
        the security of the Southwest border region by--
                    (A) establishing additional permanent forward 
                operating bases for the U.S. Border Patrol, as needed;
                    (B) upgrading the existing forward operating bases 
                to include modular buildings, electricity, and potable 
                water; and
                    (C) ensuring that forward operating bases surveil 
                and interdict individuals entering the United States 
                unlawfully immediately after such individuals cross the 
                Southern border.
            (3) Safe and secure border infrastructure.--The Secretary 
        and the Secretary of Transportation, in consultation with the 
        governors of the States in the Southwest border region and the 
        Northern border region, shall establish a grant program, which 
        shall be administered by the Secretary of Transportation and 
        the General Services Administration, to construct 
        transportation and supporting infrastructure improvements at 
        existing and new international border crossings necessary to 
        facilitate safe, secure, and efficient cross border movement of 
        people, motor vehicles, and cargo.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated for each of fiscal years 2014 through 2018 
        such sums as may be necessary to carry out this subsection.
    (d) Additional Permanent District Court Judgeships in Southwest 
Border States.--
            (1) In general.--The President shall appoint, by and with 
        the advice and consent of the Senate--
                    (A) 2 additional district judges for the district 
                of Arizona;
                    (B) 3 additional district judges for the eastern 
                district of California;
                    (C) 2 additional district judges for the western 
                district of Texas; and
                    (D) 1 additional district judge for the southern 
                district of Texas.
            (2) Conversions of temporary district court judgeships.--
        The existing judgeships for the district of Arizona and the 
        central district of California authorized by section 312(c) of 
        the 21st Century Department of Justice Appropriations 
        Authorization Act (28 U.S.C. 133 note; Public Law 107-273; 116 
        Stat. 1788), as of the effective date of this Act, shall be 
        authorized under section 133 of title 28, United States Code, 
        and the incumbents in those offices shall hold the office under 
        section 133 of title 28, United States Code, as amended by this 
        Act.
            (3) Technical and conforming amendments.--The table 
        contained in section 133(a) of title 28, United States Code, is 
        amended--
                    (A) by striking the item relating to the district 
                of Arizona and inserting the following:

``Arizona..................................................        15'';
 

                    (B) by striking the item relating to California and 
                inserting the following:

  ``California:
  Northern.............................  14
  Eastern..............................  9
  Central..............................  28
  Southern.............................  13''; and
 

                    (C) by striking the item relating to Texas and 
                inserting the following:

  ``Texas:
  Northern.............................  12
  Southern.............................  20
  Eastern..............................  7
  Western..............................  15''.
 

            (4) Increase in filing fees.--
                    (A) In general.--Section 1914(a) of title 28, 
                United States Code, is amended by striking ``$350'' and 
                inserting ``$360''.
                    (B) Expenditure limitation.--Incremental amounts 
                collected by reason of the enactment of this paragraph 
                shall be deposited as offsetting receipts in the 
                ``Judiciary Filing Fee'' special fund of the Treasury 
                established under section 1931 of title 28, United 
                States Code. Such amounts shall be available solely for 
                the purpose of facilitating the processing of civil 
                cases, but only to the extent specifically appropriated 
                by an Act of Congress enacted after the date of the 
                enactment of this Act.
            (5) Whistleblower protection.--
                    (A) In general.--No officer, employee, agent, 
                contractor, or subcontractor of the judicial branch may 
                discharge, demote, threaten, suspend, harass, or in any 
                other manner discriminate against an employee in the 
                terms and conditions of employment because of any 
                lawful act done by the employee to provide information, 
                cause information to be provided, or otherwise assist 
                in an investigation regarding any possible violation of 
                Federal law or regulation, or misconduct, by a judge, 
                justice, or any other employee in the judicial branch, 
                which may assist in the investigation of the possible 
                violation or misconduct.
                    (B) Civil action.--An employee injured by a 
                violation of subparagraph (A) may, in a civil action, 
                obtain appropriate relief.

SEC. 1105. BORDER SECURITY ON CERTAIN FEDERAL LAND.

    (a) Definitions.--In this section:
            (1) Federal lands.--The term ``Federal lands'' includes all 
        land under the control of the Secretary concerned that is 
        located within the Southwest border region in the State of 
        Arizona along the international border between the United 
        States and Mexico.
            (2) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) with respect to land under the jurisdiction of 
                the Secretary of Agriculture, the Secretary of 
                Agriculture; and
                    (B) with respect to land under the jurisdiction of 
                the Secretary of the Interior, the Secretary of the 
                Interior.
    (b) Support for Border Security Needs.--To achieve effective 
control of Federal lands--
            (1) the Secretary concerned, notwithstanding any other 
        provision of law, shall authorize and provide U.S. Customs and 
        Border Protection personnel with immediate access to Federal 
        lands for security activities, including--
                    (A) routine motorized patrols; and
                    (B) the deployment of communications, surveillance, 
                and detection equipment;
            (2) the security activities described in paragraph (1) 
        shall be conducted, to the maximum extent practicable, in a 
        manner that the Secretary determines will best protect the 
        natural and cultural resources on Federal lands; and
            (3) the Secretary concerned may provide education and 
        training to U.S. Customs and Border Protection personnel on the 
        natural and cultural resources present on individual Federal 
        land units.
    (c) Programmatic Environmental Impact Statement.--
            (1) In general.--After implementing subsection (b), the 
        Secretary, in consultation with the Secretaries concerned, 
        shall prepare and publish in the Federal Register a notice of 
        intent to prepare a programmatic environmental impact statement 
        in accordance with the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) to analyze the impacts of the 
        activities described in subsection (b).
            (2) Effect on processing application and special use 
        permits.--The pending completion of a programmatic 
        environmental impact statement under this section shall not 
        result in any delay in the processing or approving of 
        applications or special use permits by the Secretaries 
        concerned for the activities described in subsection (b).
            (3) Amendment of land use plans.--The Secretaries concerned 
        shall amend any land use plans, as appropriate, upon completion 
        of the programmatic environmental impact statement described in 
        subsection (b).
            (4) Scope of programmatic environmental impact statement.--
        The programmatic environmental impact statement described in 
        paragraph (1)--
                    (A) may be used to advise the Secretary on the 
                impact on natural and cultural resources on Federal 
                lands; and
                    (B) shall not control, delay, or restrict actions 
                by the Secretary to achieve effective control on 
                Federal lands.
    (d) Intermingled State and Private Land.--This section shall not 
apply to any private or State-owned land within the boundaries of 
Federal lands.

SEC. 1106. EQUIPMENT AND TECHNOLOGY.

    (a) Enhancements.--The Commissioner of U.S. Customs and Border 
Protection, working through U.S. Border Patrol, shall--
            (1) deploy additional mobile, video, and agent-portable 
        surveillance systems, and unarmed, unmanned aerial vehicles in 
        the Southwest border region as necessary to provide 24-hour 
        operation and surveillance;
            (2) operate unarmed unmanned aerial vehicles along the 
        Southern border for 24 hours per day and for 7 days per week;
            (3) deploy unarmed additional fixed-wing aircraft and 
        helicopters along the Southern border;
            (4) acquire new rotorcraft and make upgrades to the 
        existing helicopter fleet;
            (5) increase horse patrols in the Southwest border region; 
        and
            (6) acquire and deploy watercraft and other equipment to 
        provide support for border-related maritime anti-crime 
        activities.
    (b) Limitation.--
            (1) In general.--Notwithstanding paragraphs (1) and (2) of 
        subsection (a), and except as provided in paragraph (2), U.S. 
        Border Patrol may not operate unarmed, unmanned aerial vehicles 
        in the San Diego and El Centro Sectors, except within 3 miles 
        of the Southern border.
            (2) Exception.--The limitation under this subsection shall 
        not restrict the maritime operations of U.S. Customs and Border 
        Protection.
    (c) Authorization of Appropriations.--In addition to amounts 
otherwise authorized to be appropriated, there is authorized to be 
appropriated to U.S. Customs and Border Protection such sums as may be 
necessary to carry out subsection (a) during fiscal years 2014 through 
2018.

SEC. 1107. ACCESS TO EMERGENCY PERSONNEL.

    (a) Southwest Border Region Emergency Communications Grants.--
            (1) In general.--The Secretary, in consultation with the 
        governors of the States in the Southwest border region, shall 
        establish a 2-year grant program, to be administered by the 
        Secretary, to improve emergency communications in the Southwest 
        border region.
            (2) Eligibility for grants.--An individual is eligible to 
        receive a grant under this subsection if the individual 
        demonstrates that he or she--
                    (A) regularly resides or works in the Southwest 
                border region;
                    (B) is at greater risk of border violence due to 
                the lack of cellular service at his or her residence or 
                business and his or her proximity to the Southern 
                border.
            (3) Use of grants.--Grants awarded under this subsection 
        may be used to purchase satellite telephone communications 
        systems and service that--
                    (A) can provide access to 9-1-1 service; and
                    (B) are equipped with global positioning systems.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated such sums as may be necessary to carry out 
        the grant program established under this subsection.
    (b) Interoperable Communications for Law Enforcement.--
            (1) Federal law enforcement.--There are authorized to be 
        appropriated, to the Department, the Department of Justice, and 
        the Department of the Interior, during the 5-year period 
        beginning on the date of the enactment of this Act, such sums 
        as may be necessary--
                    (A) to purchase, through a competitive procurement 
                process, P25-compliant radios, which may include a 
                multi-band option, for Federal law enforcement agents 
                working in the Southwest border region in support of 
                the activities of U.S. Customs and Border Protection 
                and U.S. Immigration and Customs Enforcement, including 
                law enforcement agents of the Drug Enforcement 
                Administration, the Bureau of Alcohol, Tobacco, 
                Firearms and Explosives, the Department of the 
                Interior, and the Forest Service; and
                    (B) to upgrade, through a competitive procurement 
                process, the communications network of the Department 
                of Justice to ensure coverage and capacity, 
                particularly when immediate access is needed in times 
                of crisis, in the Southwest Border region for 
                appropriate law enforcement personnel of the Department 
                of Justice (including the Drug Enforcement 
                Administration and the Bureau of Alcohol, Tobacco, 
                Firearms and Explosives), the Department (including 
                U.S. Immigration and Customs Enforcement and U.S. 
                Customs and Border Protection), the United States 
                Marshals Service, other Federal agencies, the State of 
                Arizona, tribes, and local governments.
            (2) State and local law enforcement.--
                    (A) Authorization of appropriations.--There is 
                authorized to be appropriated to the Department of 
                Justice, during the 5-year period beginning on the date 
                of the enactment of this Act, such sums as may be 
                necessary to purchase, through a competitive 
                procurement process, P25-compliant radios, which may 
                include a multi-band option, for State and local law 
                enforcement agents working in the Southwest border 
                region.
                    (B) Access to federal spectrum.--If a State, 
                tribal, or local law enforcement agency in the 
                Southwest border region experiences an emergency 
                situation that necessitates immediate communication 
                with the Department of Justice, the Department, the 
                Department of the Interior, or any of their respective 
                subagencies, such law enforcement agency shall have 
                access to the spectrum assigned to such Federal agency 
                for the duration of such emergency situation.
    (c) Distress Beacons.--
            (1) In general.--The Commissioner of U.S. Customs and 
        Border Protection, working through U.S. Border Patrol, shall--
                    (A) identify areas near the Northern border and the 
                Southern border where migrant deaths are occurring due 
                to climatic and environmental conditions; and
                    (B) deploy up to 1,000 beacon stations in the areas 
                identified pursuant to subparagraph (A).
            (2) Features.--Beacon stations deployed pursuant to 
        paragraph (1) should--
                    (A) include a self-powering mechanism, such as a 
                solar-powered radio button, to signal U.S. Border 
                Patrol personnel or other emergency response personnel 
                that a person at that location is in distress;
                    (B) include a self-powering cellular phone relay 
                limited to 911 calls to allow persons in distress in 
                the area who are unable to get to the beacon station to 
                signal their location and access emergency personnel; 
                and
                    (C) be movable to allow U.S. Border Patrol to 
                relocate them as needed--
                            (i) to mitigate migrant deaths;
                            (ii) to facilitate access to emergency 
                        personnel; and
                            (iii) to address any use of the beacons for 
                        diversion by criminals.

SEC. 1108. SOUTHWEST BORDER REGION PROSECUTION INITIATIVE.

    (a) Reimbursement to State and Local Prosecutors for Federally 
Initiated Criminal Cases.--The Attorney General shall reimburse State, 
county, tribal, and municipal governments for costs associated with the 
prosecution, pretrial services and detention, clerical support, and 
public defenders' services associated with the prosecution of federally 
initiated immigration-related criminal cases declined by local offices 
of the United States Attorneys.
    (b) Exception.--Reimbursement under subsection (a) shall not be 
available, at the discretion of the Attorney General, if the Attorney 
General determines that there is reason to believe that the 
jurisdiction seeking reimbursement has engaged in unlawful conduct in 
connection with immigration-related apprehensions.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out subsection (a) 
during fiscal years 2014 through 2018.

SEC. 1109. INTERAGENCY COLLABORATION.

    The Assistant Secretary of Defense for Research and Engineering 
shall collaborate with the Under Secretary of Homeland Security for 
Science and Technology to identify equipment and technology used by the 
Department of Defense that could be used by U.S. Customs and Border 
Protection to improve the security of the Southern border by--
            (1) detecting border tunnels;
            (2) detecting the use of ultralight aircraft;
            (3) enhancing wide aerial surveillance; and
            (4) otherwise improving the enforcement of such border.

SEC. 1110. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

    (a) SCAAP Reauthorization.--Section 241(i)(5)(C) (8 U.S.C. 
1231(i)(5)) is amended by striking ``2011.'' and inserting ``2015.''.
    (b) SCAAP Assistance for States.--
            (1) Assistance for states incarcerating undocumented aliens 
        charged with certain crimes.--Section 241(i)(3)(A) (8 U.S.C. 
        1231(i)(3)(A)) is amended by inserting ``charged with or'' 
        before ``convicted''.
            (2) Assistance for states incarcerating unverified 
        aliens.--Section 241(i) (8 U.S.C. 1231(i)), as amended by 
        subsection (a), is further amended--
                    (A) by redesignating paragraphs (4), (5), and (6), 
                as paragraphs (5), (6), and (7), respectively;
                    (B) in paragraph (7), as so redesignated, by 
                striking ``(5)'' and inserting ``(6)''; and
                    (C) by adding after paragraph (3) the following:
            ``(4) In the case of an alien whose immigration status is 
        unable to be verified by the Secretary of Homeland Security, 
        and who would otherwise be an undocumented criminal alien if 
        the alien is unlawfully present in the United States, the 
        Attorney General shall compensate the State or political 
        subdivision of the State for incarceration of the alien, 
        consistent with subsection (i)(2).''.

SEC. 1111. USE OF FORCE.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary, in consultation with the Assistant Attorney General 
for the Civil Rights Division of the Department of Justice, shall issue 
policies governing the use of force by all Department personnel that--
            (1) require all Department personnel to report each use of 
        force; and
            (2) establish procedures for--
                    (A) accepting and investigating complaints 
                regarding the use of force by Department personnel;
                    (B) disciplining Department personnel who violate 
                any law or Department policy relating to the use of 
                force; and
                    (C) reviewing all uses of force by Department 
                personnel to determine whether the use of force--
                            (i) complied with Department policy; or
                            (ii) demonstrates the need for changes in 
                        policy, training, or equipment.

SEC. 1112. TRAINING FOR BORDER SECURITY AND IMMIGRATION ENFORCEMENT 
              OFFICERS.

    (a) In General.--The Secretary shall ensure that U.S. Customs and 
Border Protection officers, U.S. Border Patrol agents, U.S. Immigration 
and Customs Enforcement officers and agents, United States Air and 
Marine Division agents, and agriculture specialists stationed within 
100 miles of any land or marine border of the United States or at any 
United States port of entry receive appropriate training, which shall 
be prepared in collaboration with the Assistant Attorney General for 
the Civil Rights Division of the Department of Justice, in--
            (1) identifying and detecting fraudulent travel documents;
            (2) civil, constitutional, human, and privacy rights of 
        individuals;
            (3) the scope of enforcement authorities, including 
        interrogations, stops, searches, seizures, arrests, and 
        detentions;
            (4) the use of force policies issued by the Secretary 
        pursuant to section 1111;
            (5) immigration laws, including screening, identifying, and 
        addressing vulnerable populations, such as children, victims of 
        crime and human trafficking, and individuals fleeing 
        persecution or torture;
            (6) social and cultural sensitivity toward border 
        communities;
            (7) the impact of border operations on communities; and
            (8) any particular environmental concerns in a particular 
        area.
    (b) Training for Border Community Liaison Officers.--The Secretary 
shall ensure that border communities liaison officers in Border Patrol 
sectors along the international borders between the United States and 
Mexico and between the United States and Canada receive training to 
better--
            (1) act as a liaison between border communities and the 
        Office for Civil Rights and Civil Liberties of the Department 
        and the Civil Rights Division of the Department of Justice;
            (2) foster and institutionalize consultation with border 
        communities;
            (3) consult with border communities on Department programs, 
        policies, strategies, and directives; and
            (4) receive Department performance assessments from border 
        communities.
    (c) Humane Conditions of Confinement for Children in U.S. Customs 
and Border Protection Custody.--Not later than 90 days after the date 
of the enactment of this Act, the Secretary shall establish standards 
to ensure that children in the custody of U.S. Customs and Border 
Protection--
            (1) are afforded adequate medical and mental health care, 
        including emergency medical and mental health care, when 
        necessary;
            (2) receive adequate nutrition;
            (3) are provided with climate-appropriate clothing, 
        footwear, and bedding;
            (4) have basic personal hygiene and sanitary products; and
            (5) are permitted to make supervised phone calls to family 
        members.

SEC. 1113. DEPARTMENT OF HOMELAND SECURITY BORDER OVERSIGHT TASK FORCE.

    (a) Establishment.--
            (1) In general.--There is established an independent task 
        force, which shall be known as the Department of Homeland 
        Security Border Oversight Task Force (referred to in this 
        section as the ``DHS Task Force'').
            (2) Duties.--The DHS Task Force shall--
                    (A) review and make recommendations regarding 
                immigration and border enforcement policies, 
                strategies, and programs that take into consideration 
                their impact on border and tribal communities;
                    (B) recommend ways in which the Border Communities 
                Liaison Offices can strengthen relations and 
                collaboration between communities in the border regions 
                and the Department, the Department of Justice, and 
                other Federal agencies that carry out such policies, 
                strategies, and programs;
                    (C) evaluate how the policies, strategies, and 
                programs of Federal agencies operating along the 
                international borders between the United States and 
                Mexico and between the United States and Canada protect 
                the due process, civil, and human rights of border 
                residents, visitors, and migrants at and near such 
                borders; and
                    (D) evaluate and make recommendations regarding the 
                training of border enforcement personnel described in 
                section 1112.
            (3) Membership.--
                    (A) In general.--The DHS Task Force shall be 
                composed of 33 members, appointed by the President, who 
                have expertise in migration, local crime indices, civil 
                and human rights, community relations, cross-border 
                trade and commerce, quality of life indicators, or 
                other pertinent experience, of whom--
                            (i) 14 members shall be from the Northern 
                        border region and shall include--
                                    (I) 2 local government elected 
                                officials;
                                    (II) 2 local law enforcement 
                                officials;
                                    (III) 2 tribal government 
                                officials;
                                    (IV) 2 civil rights advocates;
                                    (V) 1 business representative;
                                    (VI) 1 higher education 
                                representative;
                                    (VII) 1 private land owner 
                                representative;
                                    (VIII) 1 representative of a faith 
                                community; and
                                    (IX) 2 representatives of U.S. 
                                Border Patrol; and
                            (ii) 19 members shall be from the Southern 
                        border region and include--
                                    (I) 3 local government elected 
                                officials;
                                    (II) 3 local law enforcement 
                                officials; (aa)
                                    (III) 2 tribal government 
                                officials;
                                    (IV) 3 civil rights advocates;
                                    (V) 2 business representatives;
                                    (VI) 1 higher education 
                                representative;
                                    (VII) 2 private land owner 
                                representatives;
                                    (VIII) 1 representative of a faith 
                                community; and
                                    (IX) 2 representatives of U.S. 
                                Border Patrol.
                    (B) Term of service.--Members of the Task Force 
                shall be appointed for the shorter of--
                            (i) 3 years; or
                            (ii) the life of the DHS Task Force.
                    (C) Chair, vice chair.--The members of the DHS Task 
                Force shall elect a Chair and a Vice Chair from among 
                its members, who shall serve in such capacities for the 
                life of the DHS Task Force or until removed by the 
                majority vote of at least 16 members.
    (b) Operations.--
            (1) Hearings.--The DHS Task Force may, for the purpose of 
        carrying out its duties, hold hearings, sit and act, take 
        testimony, receive evidence, and administer oaths.
            (2) Recommendations.--The DHS Task Force may make findings 
        or recommendations to the Secretary related to the duties 
        described in subsection (a)(2).
            (3) Response.--Not later than 180 days after receiving the 
        findings and recommendations from the DHS Task Force under 
        paragraph (2), the Secretary shall issue a response that 
        describes how the Department has addressed, or will address, 
        such findings and recommendations. If the Secretary disagrees 
        with any finding of the DHS Task Force, the Secretary shall 
        provide an explanation for the disagreement.
            (4) Information from federal agencies.--The Chair, or 16 
        members of the DHS Task Force, may request statistics relating 
        to the duties described in subsection (a)(2) directly from any 
        Federal agency, which shall, to the extent authorized by law, 
        furnish such information, suggestions, estimates, and 
        statistics directly to the DHS Task Force.
            (5) Compensation.--Members of the DHS Task Force shall 
        serve without pay, but shall be reimbursed for reasonable 
        travel and subsistence expenses incurred in the performance of 
        their duties.
    (c) Report.--Not later than 2 years after its first meeting, the 
DHS Task Force shall submit a final report to the President, Congress, 
and the Secretary that contains--
            (1) findings with respect to the duties of the DHS Task 
        Force; and
            (2) recommendations regarding border and immigration 
        enforcement policies, strategies, and programs, including--
                    (A) a recommendation as to whether the DHS Task 
                Force should continue to operate; and
                    (B) a description of any duties for which the DHS 
                Task Force should be responsible after the termination 
                date described in subsection (e).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section 
for each of the fiscal years 2014 through 2017.
    (e) Sunset.--The DHS Task Force shall terminate operations 60 days 
after the date on which the DHS Task Force submits the report described 
in subsection (c).

SEC. 1114. OMBUDSMAN FOR IMMIGRATION RELATED CONCERNS OF THE DEPARTMENT 
              OF HOMELAND SECURITY.

    (a) Establishment.--Title I of the Homeland Security Act of 2002 (6 
U.S.C. 111 et seq.) is amended by adding at the end the following new 
section:

``SEC. 104. OMBUDSMAN FOR IMMIGRATION RELATED CONCERNS.

    ``(a) In General.--There shall be within the Department an 
Ombudsman for Immigration Related Concerns (in this section referred to 
as the `Ombudsman'). The individual appointed as Ombudsman shall have a 
background in immigration law as well as civil and human rights law. 
The Ombudsman shall report directly to the Deputy Secretary.
    ``(b) Functions.--The functions of the Ombudsman shall be as 
follows:
            ``(1) To receive and resolve complaints from individuals 
        and employers and assist in resolving problems with the 
        immigration components of the Department.
            ``(2) To conduct inspections of the facilities or contract 
        facilities of the immigration components of the Department.
            ``(3) To assist individuals and families who have been the 
        victims of crimes committed by aliens or violence near the 
        United States border.
            ``(4) To identify areas in which individuals and employers 
        have problems in dealing with the immigration components of the 
        Department.
            ``(5) To the extent practicable, to propose changes in the 
        administrative practices of the immigration components of the 
        Department to mitigate problems identified under paragraph (4).
            ``(6) To review, examine, and make recommendations 
        regarding the immigration and enforcement policies, strategies, 
        and programs of U.S. Customs and Border Protection, U.S. 
        Immigration and Customs Enforcement, and U.S. Citizenship and 
        Immigration Services.
    ``(c) Other Responsibilities.--In addition to the functions 
specified in subsection (b), the Ombudsman shall--
            ``(1) monitor the coverage and geographic allocation of 
        local offices of the Ombudsman, including appointing a local 
        ombudsman for immigration related concerns; and
            ``(2) evaluate and take personnel actions (including 
        dismissal) with respect to any employee of the Ombudsman.
    ``(d) Request for Investigations.--The Ombudsman shall have the 
authority to request the Inspector General of the Department of 
Homeland Security to conduct inspections, investigations, and audits.
    ``(e) Coordination With Department Components.--The Director of 
U.S. Citizenship and Immigration Services, the Assistant Secretary of 
Immigration and Customs Enforcement, and the Commissioner of Customs 
and Border Protection shall each establish procedures to provide formal 
responses to recommendations submitted to such official by the 
Ombudsman.
    ``(f) Annual Reports.--Not later than June 30 of each year, the 
Ombudsman shall submit a report to the Committee on the Judiciary of 
the Senate and the Committee on the Judiciary of the House of 
Representatives on the objectives of the Ombudsman for the fiscal year 
beginning in such calendar year. Each report shall contain full and 
substantive analysis, in addition to statistical information, and shall 
set forth any recommendations the Ombudsman has made on improving the 
services and responsiveness of U.S. Citizenship and Immigration 
Services, U.S. Immigration and Customs Enforcement, and U.S. Customs 
and Border Protection and any responses received from the Department 
regarding such recommendations.''.
    (b) Repeal of Superseded Authority.--Section 452 of the Homeland 
Security Act of 2002 (6 U.S.C. 272) is repealed.
    (c) Clerical Amendments.--The table of contents for the Homeland 
Security Act of 2002 is amended--
            (1) by inserting after the item relating to section 103 the 
        following new item:

``Sec. 104. Ombudsman for Immigration Related Concerns.''; and
            (2) by striking the item relating to section 452.

SEC. 1115. PROTECTION OF FAMILY VALUES IN APPREHENSION PROGRAMS.

    (a) Definitions.--In this section:
            (1) Apprehended individual.--The term ``apprehended 
        individual'' means an individual apprehended by personnel of 
        the Department of Homeland Security or of a cooperating entity 
        pursuant to a migration deterrence program carried out at a 
        border.
            (2) Border.--The term ``border'' means an international 
        border of the United States.
            (3) Child.--Except as otherwise specifically provided, the 
        term ``child'' has the meaning given to the term in section 
        101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 
        1101(b)(1)).
            (4) Cooperating entity.--The term ``cooperating entity'' 
        means a State or local entity acting pursuant to an agreement 
        with the Secretary.
            (5) Migration deterrence program.--The term ``migration 
        deterrence program'' means an action related to the 
        repatriation or referral for prosecution of 1 or more 
        apprehended individuals for a suspected or confirmed violation 
        of the Immigration and Nationality Act (8 U.S.C. 1001 et seq.) 
        by the Secretary or a cooperating entity.
    (b) Procedures for Migration Deterrence Programs at the Border.--
            (1) Procedures.--In any migration deterrence program 
        carried out at a border, the Secretary and cooperating entities 
        shall for each apprehended individual--
                    (A) as soon as practicable after such individual is 
                apprehended--
                            (i) inquire as to whether the apprehended 
                        individual is--
                                    (I) a parent, legal guardian, or 
                                primary caregiver of a child; or
                                    (II) traveling with a spouse or 
                                child; and
                            (ii) ascertain whether repatriation of the 
                        apprehended individual presents any 
                        humanitarian concern or concern related to such 
                        individual's physical safety; and
                    (B) ensure that, with respect to a decision related 
                to the repatriation or referral for prosecution of the 
                apprehended individual, due consideration is given--
                            (i) to the best interests of such 
                        individual's child, if any;
                            (ii) to family unity whenever possible; and
                            (iii) to other public interest factors, 
                        including humanitarian concerns and concerns 
                        related to the apprehended individual's 
                        physical safety.
    (c) Mandatory Training.--The Secretary, in consultation with the 
Secretary of Health and Human Services, the Attorney General, the 
Secretary of State, and independent immigration, child welfare, family 
law, and human rights law experts, shall--
            (1) develop and provide specialized training for all 
        personnel of U.S. Customs and Border Protection and cooperating 
        entities who come into contact with apprehended individuals in 
        all legal authorities, policies, and procedures relevant to the 
        preservation of a child's best interest, family unity, and 
        other public interest factors, including those described in 
        this Act; and
            (2) require border enforcement personnel to undertake 
        periodic and continuing training on best practices and changes 
        in relevant legal authorities, policies, and procedures 
        pertaining to the preservation of a child's best interest, 
        family unity, and other public interest factors, including 
        those described in this Act.
    (d) Annual Report on the Impact of Migration Deterrence Programs at 
the Border.--
            (1) Requirement for annual report.--Not later than 1 year 
        after the date of the enactment of this Act, and annually 
        thereafter, the Secretary shall submit to Congress a report 
        that describes the impact of migration deterrence programs on 
        parents, legal guardians, primary caregivers of a child, 
        individuals traveling with a spouse or child, and individuals 
        who present humanitarian considerations or concerns related to 
        the individual's physical safety.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include for the previous 1-year period an assessment of--
                    (A) the number of apprehended individuals removed, 
                repatriated, or referred for prosecution who are the 
                parent, legal guardian, or primary caregiver of a child 
                who is a citizen of the United States;
                    (B) the number of occasions in which both parents, 
                or the primary caretaker of such a child was removed, 
                repatriated, or referred for prosecution as part of a 
                migration deterrence program;
                    (C) the number of apprehended individuals traveling 
                with close family members who are removed, repatriated, 
                or referred for prosecution.
                    (D) the impact of migration deterrence programs on 
                public interest factors, including humanitarian 
                concerns and physical safety.
    (e) Regulations.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary shall promulgate regulations to 
implement this section.

SEC. 1116. OVERSIGHT OF POWER TO ENTER PRIVATE LAND AND STOP VEHICLES 
              WITHOUT A WARRANT AT THE NORTHERN BORDER.

    (a) In General.--Section 287(a) (8 U.S.C. 1357(a)) is amended--
            (1) in paragraph (5), by redesignating subparagraphs (A) 
        and (B) as clauses (i) and (ii), respectively;
            (2) by redesignating paragraphs (1) through (3) as 
        subparagraphs (A) through (C), respectively;
            (3) by redesignating paragraphs (4) and (5) as 
        subparagraphs (F) and (G), respectively;
            (4) in the matter preceding subparagraph (A), as so 
        redesignated--
                    (A) by inserting ``(1)'' before ``Any officer'';
                    (B) by striking ``Service'' and inserting 
                ``Department of Homeland Security''; and
                    (C) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security'';
            (5) in paragraph (1)(C), as so redesignated, by inserting 
        the following at the beginning: ``except as provided in 
        subparagraphs (D) and (E),'';
            (6) by inserting after paragraph (1)(C) the following:
            ``(D) with respect to the Northern border, as defined in 
        section 1101 of the Border Security, Economic Opportunity, and 
        Immigration Enforcement Act, within a distance of 25 air miles 
        from the Northern border, or such distance from the Northern 
        border as may be prescribed by the Secretary pursuant to 
        paragraph (2) of this subsection, to board and search for 
        aliens any vessel within the territorial waters of the United 
        States and any railway car, aircraft, conveyance, or vehicle 
        for the purpose of patrolling the border to prevent the illegal 
        entry of aliens into the United States;
            ``(E) with respect to the Northern border, as defined in 
        section 1101 of the Border Security, Economic Opportunity, and 
        Immigration Enforcement Act, within a distance of 10 air miles 
        from the Northern border, or such distance from the Northern 
        border as may be prescribed by the Secretary pursuant to 
        paragraph (2) of this subsection, to have access to private 
        lands, but not dwellings, for the purpose of patrolling the 
        border to prevent the illegal entry of aliens into the United 
        States;'';
            (7) by inserting after the flush text at the end of 
        subparagraph (F), as so redesignated, the following:
    ``(2)(A)(i) The Secretary of Homeland Security may establish for a 
Northern border sector or district a distance less than or greater than 
25 air miles, but in no case greater than 100 air miles, as the maximum 
distance from the Northern border in which the authority described in 
paragraph (1)(C) may be exercised, if the Secretary certifies that such 
a distance is necessary for the purpose of patrolling the Northern 
border to prevent the illegal entry of aliens into the United States, 
and justified by the considerations listed in subparagraph (B).
    ``(ii) The Secretary of Homeland Security may establish for a 
Northern border sector or district a distance less than or greater than 
10 air miles, but in no case greater than 25 air miles, as the maximum 
distance from the Northern border of the United States in which the 
authority described in paragraph (1)(D) may be exercised, if the 
Secretary certifies that such a distance is necessary for the purpose 
of patrolling the Northern border to prevent the illegal entry of 
aliens into the United States, and justified by the considerations 
listed in subparagraph (B).
    ``(B) In making the certifications described in subparagraph (A), 
the Secretary shall consider, as appropriate, land topography, 
confluence of arteries of transportation leading from external 
boundaries, density of population, possible inconvenience to the 
traveling public, types of conveyances used, reliable information as to 
movements of persons effecting illegal entry into the United States, 
effects on private property and quality of life for relevant 
communities and residents, consultations with affected State, local, 
and tribal governments, including the governor of any relevant State, 
and other factors that the Secretary considers appropriate.
    ``(C) A certification made under subparagraph (A) shall be valid 
for a period of 5 years and may be renewed for additional 5-year 
periods. If the Secretary finds at any time that circumstances no 
longer justify a certification, the Secretary shall terminate the 
certification.
    ``(D) The Secretary shall report annually to the Committee on the 
Judiciary and Committee on Homeland Security and Governmental Affairs 
of the Senate and the Committee on the Judiciary and Committee on 
Homeland Security of the House of Representatives the number of 
certifications made under subparagraph (A), and for each such 
certification, the Northern border sector or district and reasonable 
distance prescribed, the period of time the certification has been in 
effect, and the factors justifying the certification.''.
    (b) Technical and Conforming Amendments.--
            (1) Authorities without a warrant.--In section 287(a) (8 
        U.S.C. 1357(a)), the undesignated matter following paragraph 
        (2), as added by subsection (a)(5), is amended--
                    (A) by inserting ``(3)'' before ``Under 
                regulations'';
                    (B) by striking ``paragraph (5)(B)'' both places 
                that term appears and inserting ``subparagraph 
                (F)(ii)'';
                    (C) by striking ``(i)'' and inserting ``(A)'';
                    (D) by striking ``(ii) establish'' and inserting 
                ``(B) establish'';
                    (E) by striking ``(iii) require'' and inserting 
                ``(C) require''; and
                    (F) by striking ``clause (ii), and (iv)'' and 
                inserting ``subparagraph (B), and (D)''.
            (2) Conforming amendment.--Section 287(e) (8 U.S.C. 
        1357(e)) is amended by striking ``paragraph (3) of subsection 
        (a),'' and inserting ``subsection (a)(1)(D),''.

SEC. 1117. REPORTS.

    (a) Report on Certain Border Matters.--The Secretary shall submit a 
report to the Committee on Homeland Security and Governmental Affairs 
of the Senate, the Committee on Homeland Security of the House of 
Representatives, the Committee on the Judiciary of the Senate, and the 
Committee on the Judiciary of the House of Representatives that sets 
forth--
            (1) the effectiveness rate (as defined in section 2(a)(4)) 
        for each Border Patrol sector along the Northern border and the 
        Southern border;
            (2) the number of miles along the Southern border that are 
        under persistent surveillance;
            (3) the monthly wait times per passenger, including data on 
        averages and peaks, for crossing the Northern border and the 
        Southern border, and the staffing of such border crossings;
            (4) the allocations at each port of entry along the 
        Northern border and the Southern border; and
            (5) the number of migrant deaths occurring near the 
        Northern border and the Southern border and the efforts that 
        have been undertaken to mitigate such deaths.
    (b) Report on Interagency Collaboration.--The Under Secretary of 
Defense for Acquisition, Technology, and Logistics and the Under 
Secretary of Homeland Security for Science and Technology shall jointly 
submit a report on the results of the interagency collaboration under 
section 1109 to--
            (1) the Committee on Armed Services of the Senate;
            (2) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            (3) the Committee on the Judiciary of the Senate;
            (4) the Committee on Armed Services of the House of 
        Representatives;
            (5) the Committee on Homeland Security of the House of 
        Representatives; and
            (6) the Committee on the Judiciary of the House of 
        Representatives.

SEC. 1118. SEVERABILITY AND DELEGATION.

    (a) Severability.--If any provision of this Act or any amendment 
made by this Act, or any application of such provision or amendment to 
any person or circumstance, is held to be unconstitutional, the 
remainder of the provisions of this Act and the amendments made by this 
Act and the application of the provision or amendment to any other 
person or circumstance shall not be affected.
    (b) Delegation.--The Secretary may delegate any authority provided 
to the Secretary under this Act or an amendment made by this Act to the 
Secretary of Agriculture, the Attorney General, the Secretary of 
Defense, the Secretary of Health and Human Services, the Secretary of 
State, or the Commissioner of Social Security.

SEC. 1119. PROHIBITION ON NEW LAND BORDER CROSSING FEES.

    (a) In General.--Beginning on the date of the enactment of this 
Act, the Secretary shall not--
            (1) establish, collect, or otherwise impose any new border 
        crossing fee on individuals crossing the Southern border or the 
        Northern border at a land port of entry; or
            (2) conduct any study relating to the imposition of a 
        border crossing fee.
    (b) Border Crossing Fee Defined.--In this section, the term 
``border crossing fee'' means a fee that every pedestrian, cyclist, and 
driver and passenger of a private motor vehicle is required to pay for 
the privilege of crossing the Southern border or the Northern border at 
a land port of entry.

SEC. 1120. HUMAN TRAFFICKING REPORTING.

    (a) Short Title.--This section may be cited as the ``Human 
Trafficking Reporting Act of 2013''.
    (b) Findings.--Congress finds the following:
            (1) Human trafficking is a form of modern-day slavery.
            (2) According to the Trafficking Victims Protection Act of 
        2000 ``severe forms of trafficking in persons'' means--
                    (A) sex trafficking in which a commercial sex act 
                is induced by force, fraud, or coercion, or in which 
                the person induced to perform such act has not attained 
                18 years of age; or
                    (B) the recruitment, harboring, transportation, 
                provision, or obtaining of a person for labor or 
                services, through the use of force, fraud, or coercion 
                for the purpose of subjection to involuntary servitude, 
                peonage, debt bondage, or slavery.
            (3) There is an acute need for better data collection of 
        incidents of human trafficking across the United States in 
        order to effectively combat severe forms of trafficking in 
        persons.
            (4) The State Department's 2012 Trafficking in Persons 
        report found that--
                    (A) the United States is a ``source, transit and 
                destination country for men, women, and children, 
                subjected to forced labor, debt bondage, domestic 
                servitude and sex trafficking,''; and
                    (B) the United States needs to ``improve data 
                collection on human trafficking cases at the federal, 
                state and local levels''.
            (5) The International Organization for Migration has 
        reported that in order to effectively combat human trafficking 
        there must be reliable and standardized data, however, the 
        following barriers for data collection exist:
                    (A) The illicit and underground nature of human 
                trafficking.
                    (B) The reluctance of victims to share information 
                with authorities.
                    (C) Insufficient human trafficking data collection 
                and research efforts by governments worldwide.
            (6) A 2009 report to the Department of Health and Human 
        Services entitled Human Trafficking Into and Within the United 
        States: A Review of the Literature found that ``the data and 
        methodologies for estimating the prevalence of human 
        trafficking globally and nationally are not well developed, and 
        therefore estimates have varied widely and changed 
        significantly over time''.
            (7) The Federal Bureau of Investigation compiles national 
        crime statistics through the Uniform Crime Reporting Program.
            (8) Under current law, State and local governments 
        receiving Edward Byrne Memorial Justice Assistance grants are 
        required to share data on part 1 violent crimes with the 
        Federal Bureau of Investigation for inclusion in the Uniform 
        Crime Reporting Program.
            (9) The addition of severe forms of trafficking in persons 
        to the definition of part 1 violent crimes will ensure that 
        statistics on this heinous crime will be compiled and available 
        through the Federal Bureau of Investigation's Uniform Crime 
        Report.
    (c) Human Trafficking To Be Included in Part 1 Violent Crimes for 
Purposes of Byrne Grants.--Section 505 of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3755) is amended by adding at the 
end the following new subsection:
    ``(i) Part 1 Violent Crimes To Include Human Trafficking.--For 
purposes of this section, the term `part 1 violent crimes' shall 
include severe forms of trafficking in persons, as defined in section 
103(8) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7102(8)).''.

SEC. 1121. RULE OF CONSTRUCTION.

    Nothing in this Act may be construed to authorize the deployment, 
procurement, or construction of fencing along the Northern border.

SEC. 1122. LIMITATIONS ON DANGEROUS DEPORTATION PRACTICES.

    (a) Certification Required.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, and every 180 days thereafter, the 
        Secretary, except as provided in paragraph (2), shall submit 
        written certification to Congress that the Department has only 
        deported or otherwise removed a migrant from the United States 
        through an entry or exit point on the Southern border during 
        daylight hours.
            (2) Exception.--The certification required under paragraph 
        (1) shall not apply to the deportation or removal of a migrant 
        otherwise described in that paragraph if--
                    (A) the manner of the deportation or removal is 
                justified by a compelling governmental interest;
                    (B) the manner of the deportation or removal is in 
                accordance with an applicable Local Arrangement for the 
                Repatriation of Mexican Nationals entered into by the 
                appropriate Mexican Consulate; or
                    (C) the migrant is not an unaccompanied minor and 
                the migrant--
                            (i) is deported or removed through an entry 
                        or exit point in the same sector as the place 
                        where the migrant was apprehended; or
                            (ii) agrees to be deported or removed in 
                        such manner after being notified of the 
                        intended manner of deportation or removal.
    (b) Additional Information Required.--Not later than 1 year after 
the date of the enactment of this Act, the Secretary shall submit to 
Congress a study of the Alien Transfer Exit Program, which shall 
include--
            (1) the specific locations on the Southern border where 
        lateral repatriations have occurred during the 1-year period 
        preceding the submission of the study;
            (2) the performance measures developed by U.S. Customs and 
        Border Protection to determine if the Alien Transfer Exit 
        Program is deterring migrants from repeatedly crossing the 
        border or otherwise reducing recidivism; and
            (3) the consideration given, if any, to the rates of 
        violent crime and the availability of infrastructure and social 
        services in Mexico near such locations.
    (c) Prohibition on Confiscation of Property.--Notwithstanding any 
other provision of law, lawful, nonperishable belongings of a migrant 
that are confiscated by personnel operating under Federal authority 
shall be returned to the migrant before repatriation, to the extent 
practicable. (1)

SEC. 1123. MAXIMUM ALLOWABLE COSTS OF SALARIES OF CONTRACTOR EMPLOYEES.

    Section 4304(a)(16) of title 41, United States Code, is amended by 
inserting before the period at the end the following: ``, except that 
in the case of contracts with the Department of Homeland Security or 
the National Guard while operating in Federal status that relate to 
border security, the limit on the costs of compensation of all 
executives and employees of contractors is the annual amount payable 
under the aggregate limitation on pay as established by the Office of 
Management and Budget (currently $230,700)''.

                       Subtitle B--Other Matters

SEC. 1201. REMOVAL OF NONIMMIGRANTS WHO OVERSTAY THEIR VISAS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall initiate removal 
proceedings, in accordance with chapter 4 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1221 et seq.), confirm that 
immigration relief or protection has been granted or is pending, or 
otherwise close 90 percent of the cases of nonimmigrants who--
            (1) were admitted to the United States as nonimmigrants 
        after the date of the enactment of this Act; and
            (2) during the most recent 12-month period, have entered 
        the category of having exceeded their authorized period of 
        admission by more than 180 days.
    (b) Semiannual Report.--Every 6 months after the date of the 
enactment of this Act, the Secretary shall submit a report to Congress 
that identifies--
            (1) the total number of nonimmigrants who the Secretary has 
        determined have exceeded their authorized period of admission 
        by more than 180 days after the date of the enactment of this 
        Act, categorized by--
                    (A) the type of visa that authorized their entry 
                into the United States;
                    (B) their country of origin; and
                    (C) the length of time since their visa expired.
            (2) an estimate of the total number of nonimmigrants who 
        are physically present in the United States and have exceeded 
        their authorized period of admission by more than 180 days 
        after the date of the enactment of this Act;
            (3) for the most recent 6-month and 12-month periods--
                    (A) the total number of removal proceedings that 
                were initiated against nonimmigrants who were 
                physically present in the United States more than 180 
                days after the expiration of the period for which they 
                were lawfully admitted; and
                    (B) as a result of the removal proceedings 
                described in paragraph (A)--
                            (i) the total number of removals pending;
                            (ii) the total number of nonimmigrants who 
                        were ordered to be removed from the United 
                        States;
                            (iii) the total number of nonimmigrants 
                        whose removal proceedings were cancelled; and
                            (iv) the total number of nonimmigrants who 
                        were granted immigration relief or protection 
                        in removal proceedings.
    (c) Estimated Population.--Each report submitted under subsection 
(b) shall include a comprehensive, detailed explanation of and 
justification for the methodology used to estimate the population 
described in subsection (a).

SEC. 1202. VISA OVERSTAY NOTIFICATION PILOT PROGRAM.

    (a) Establishment of Pilot Program.--Not later than 1 year after 
the date of enactment of this Act, the Secretary shall establish a 
pilot program to explore the feasibility and effectiveness of notifying 
individuals who have traveled to the United States from a foreign 
nation that the terms of their admission to the United States are about 
to expire, including individuals that entered with a visa or through 
the visa waiver program.
    (b) Requirements.--In establishing the pilot program required under 
subsection (a), the Secretary shall--
            (1) provide for the collection of contact information, 
        including telephone numbers and email addresses, as 
        appropriate, of individuals traveling to the United States from 
        a foreign nation; and
            (2) randomly select a pool of participants in order to form 
        a statistically significant sample of people who travel to the 
        United States each year to receive notification by telephone, 
        email, or other electronic means that the terms of their 
        admission to the United States is about to expire.
    (c) Report.--Not later than 1 year after the date on which the 
Secretary establishes the pilot program under subsection (a), the 
Secretary shall submit to Congress a report on whether the telephone or 
email notifications have a statistically significant effect on reducing 
the rates of visa overstays in the United States.

SEC. 1203. PREVENTING UNAUTHORIZED IMMIGRATION TRANSITING THROUGH 
              MEXICO.

    (a) In General.--The Secretary of State, in coordination with the 
Secretary of Homeland Security, shall develop, in consultation with the 
relevant Committees of Congress, a strategy to address the unauthorized 
immigration of individuals who transit through Mexico to the United 
States.
    (b) Requirements.--The strategy developed under subsection (a) 
shall include specific steps--
            (1) to enhance the training, resources, and professionalism 
        of border and law enforcement officials in Mexico, Honduras, El 
        Salvador, Guatemala, and other countries, as appropriate; and
            (2) to educate nationals of the countries described in 
        paragraph (1) about the perils of the journey to the United 
        States, including how this Act will increase the likelihood of 
        apprehension, increase criminal penalties associated with 
        illegal entry, and make finding employment in the United States 
        more difficult.
    (c) Implementation of Strategy.--In carrying out the strategy 
developed under subsection (a)--
            (1) the Secretary of Homeland Security, in conjunction with 
        the Secretary of State, shall produce an educational campaign 
        and disseminate information about the perils of the journey 
        across Mexico, the likelihood of apprehension, and the 
        difficulty of finding employment in the United States; and
            (2) the Secretary of State, in coordination with the 
        Secretary of Homeland Security, shall offer--
                    (A) training to border and law enforcement 
                officials to enable these officials to operate more 
                effectively, by using, to the greatest extent 
                practicable, Department of Homeland Security personnel 
                to conduct the training; and
                    (B) technical assistance and equipment to border 
                officials, including computers, document readers, and 
                other forms of technology that may be needed, as 
                appropriate.
    (d) Availability of Funds.--The Secretary of Homeland Security may 
use such sums as are necessary from the Comprehensive Immigration Trust 
Fund established under section 6(a)(1) to carry out this section.

                       TITLE II--IMMIGRANT VISAS

   Subtitle A--Registration and Adjustment of Registered Provisional 
                               Immigrants

SEC. 2101. REGISTERED PROVISIONAL IMMIGRANT STATUS.

    (a) Authorization.--Chapter 5 of title II (8 U.S.C. 1255 et seq.) 
is amended by inserting after section 245A the following:

``SEC. 245B. ADJUSTMENT OF STATUS OF ELIGIBLE ENTRANTS BEFORE DECEMBER 
              31, 2011, TO THAT OF REGISTERED PROVISIONAL IMMIGRANT.

    ``(a) In General.--Notwithstanding any other provision of law, the 
Secretary of Homeland Security (referred to in this section and in 
sections 245C through 245F as the `Secretary'), after conducting the 
national security and law enforcement clearances required under 
subsection (c)(8), may grant registered provisional immigrant status to 
an alien who--
            ``(1) meets the eligibility requirements set forth in 
        subsection (b);
            ``(2) submits a completed application before the end of the 
        period set forth in subsection (c)(3); and
            ``(3) has paid the fee required under subsection (c)(10)(A) 
        and the penalty required under subsection (c)(10)(C), if 
        applicable.
    ``(b) Eligibility Requirements.--
            ``(1) In general.--An alien is not eligible for registered 
        provisional immigrant status unless the alien establishes, by a 
        preponderance of the evidence, that the alien meets the 
        requirements set forth in this subsection.
            ``(2) Physical presence.--
                    ``(A) In general.--The alien--
                            ``(i) shall be physically present in the 
                        United States on the date on which the alien 
                        submits an application for registered 
                        provisional immigrant status;
                            ``(ii) shall have been physically present 
                        in the United States on or before December 31, 
                        2011; and
                            ``(iii) shall have maintained continuous 
                        physical presence in the United States from 
                        December 31, 2011, until the date on which the 
                        alien is granted status as a registered 
                        provisional immigrant under this section.
                    ``(B) Break in physical presence.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), an alien who is absent from the 
                        United States without authorization after the 
                        date of the enactment of the Border Security, 
                        Economic Opportunity, and Immigration 
                        Modernization Act does not meet the continuous 
                        physical presence requirement set forth in 
                        subparagraph (A)(iii).
                            ``(ii) Exception.--An alien who departed 
                        from the United States after December 31, 2011, 
                        will not be considered to have failed to 
                        maintain continuous presence in the United 
                        States if the alien's absences from the United 
                        States are brief, casual, and innocent whether 
                        or not such absences were authorized by the 
                        Secretary.
            ``(3) Grounds for ineligibility.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an alien is ineligible for registered 
                provisional immigrant status if the Secretary 
                determines that the alien--
                            ``(i) has a conviction for--
                                    ``(I) an offense classified as a 
                                felony in the convicting jurisdiction 
                                (other than a State or local offense 
                                for which an essential element was the 
                                alien's immigration status, or a 
                                violation of this Act);
                                    ``(II) an aggravated felony (as 
                                defined in section 101(a)(43) at the 
                                time of the conviction);
                                    ``(III) 3 or more misdemeanor 
                                offenses (other than minor traffic 
                                offenses or State or local offenses for 
                                which an essential element was the 
                                alien's immigration status, or 
                                violations of this Act) if the alien 
                                was convicted on different dates for 
                                each of the 3 offenses;
                                    ``(IV) any offense under foreign 
                                law, except for a purely political 
                                offense, which, if the offense had been 
                                committed in the United States, would 
                                render the alien inadmissible under 
                                section 212(a) (excluding the 
                                paragraphs set forth in clause (ii)) or 
                                removable under section 237(a), except 
                                as provided in paragraph (3) of section 
                                237(a);
                                    ``(V) unlawful voting (as defined 
                                in section 237(a)(6));
                            ``(ii) is inadmissible under section 
                        212(a), except that in determining an alien's 
                        inadmissibility--
                                    ``(I) paragraphs (4), (5), (7), and 
                                (9)(B) of section 212(a) shall not 
                                apply;
                                    ``(II) subparagraphs (A), (C), (D), 
                                (F), and (G) of section 212(a)(6) and 
                                paragraphs (9)(C) and (10)(B) of 
                                section 212(a) shall not apply unless 
                                based on the act of unlawfully entering 
                                the United States after the date of the 
                                enactment of the Border Security, 
                                Economic Opportunity, and Immigration 
                                Modernization Act; and
                                    ``(III) paragraphs (6)(B) and 
                                (9)(A) of section 212(a) shall not 
                                apply unless the relevant conduct began 
                                on or after the date on which the alien 
                                files an application for registered 
                                provisional immigrant status under this 
                                section;
                            ``(iii) is an alien who the Secretary knows 
                        or has reasonable grounds to believe, is 
                        engaged in or is likely to engage after entry 
                        in any terrorist activity (as defined in 
                        section 212(a)(3)(B)(iv)); or
                            ``(iv) was, on April 16, 2013--
                                    ``(I) an alien lawfully admitted 
                                for permanent residence;
                                    ``(II) an alien admitted as a 
                                refugee under section 207 or granted 
                                asylum under section 208; or
                                    ``(III) an alien who, according to 
                                the records of the Secretary or the 
                                Secretary of State, is lawfully present 
                                in the United States in any 
                                nonimmigrant status (other than an 
                                alien considered to be a nonimmigrant 
                                solely due to the application of 
                                section 244(f)(4) or the amendment made 
                                by section 702 of the Consolidated 
                                Natural Resources Act of 2008 (Public 
                                Law 110-229)), notwithstanding any 
                                unauthorized employment or other 
                                violation of nonimmigrant status.
                    ``(B) Waiver.--
                            ``(i) In general.--The Secretary may waive 
                        the application of subparagraph (A)(i)(III) or 
                        any provision of section 212(a) that is not 
                        listed in clause (ii) on behalf of an alien for 
                        humanitarian purposes, to ensure family unity, 
                        or if such a waiver is otherwise in the public 
                        interest. Any discretionary authority to waive 
                        grounds of inadmissibility under section 212(a) 
                        conferred under any other provision of this Act 
                        shall apply equally to aliens seeking 
                        registered provisional status under this 
                        section.
                            ``(ii) Exceptions.--The discretionary 
                        authority under clause (i) may not be used to 
                        waive--
                                    ``(I) subparagraph (B), (C), 
                                (D)(ii), (E), (G), (H), or (I) of 
                                section 212(a)(2);
                                    ``(II) section 212(a)(3);
                                    ``(III) subparagraph (A), (C), (D), 
                                or (E) of section 212(a)(10); or
                                    ``(IV) with respect to 
                                misrepresentations relating to the 
                                application for registered provisional 
                                immigrant status, section 
                                212(a)(6)(C)(i).
                    ``(C) Conviction explained.--For purposes of this 
                paragraph, the term `conviction' does not include a 
                judgment that has been expunged, set aside, or the 
                equivalent.
                    ``(D) Rule of construction.--Nothing in this 
                paragraph may be construed to require the Secretary to 
                commence removal proceedings against an alien.
            ``(4) Applicability of other provisions.--Sections 
        208(d)(6) and 240B(d) shall not apply to any alien filing an 
        application for registered provisional immigrant status under 
        this section.
            ``(5) Dependent spouse and children.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the Secretary may classify the spouse 
                or child of a registered provisional immigrant as a 
                registered provisional immigrant dependent if the 
                spouse or child--
                            ``(i) was physically present in the United 
                        States on or before December 31, 2012, and has 
                        maintained continuous presence in the United 
                        States from that date until the date on which 
                        the registered provisional immigrant is granted 
                        such status, with the exception of absences 
                        from the United States that are brief, casual, 
                        and innocent, whether or not such absences were 
                        authorized by the Secretary; and
                            ``(ii) meets all of the eligibility 
                        requirements set forth in this subsection, 
                        other than the requirements of clause (ii) or 
                        (iii) of paragraph (2)(A).
                    ``(B) Effect of termination of legal relationship 
                or domestic violence.--If the spousal or parental 
                relationship between an alien who is granted registered 
                provisional immigrant status under this section and the 
                alien's spouse or child is terminated due to death or 
                divorce or the spouse or child has been battered or 
                subjected to extreme cruelty by the alien (regardless 
                of whether the legal relationship terminates), the 
                spouse or child may apply for classification as a 
                registered provisional immigrant.
                    ``(C) Effect of disqualification of parent.--
                Notwithstanding subsection (c)(3), if the application 
                of a spouse or parent for registered provisional 
                immigrant status is terminated or revoked, the husband, 
                wife, or child of that spouse or parent shall be 
                eligible to apply for registered provisional immigrant 
                status independent of the parent or spouse.
    ``(c) Application Procedures.--
            ``(1) In general.--An alien, or the dependent spouse or 
        child of such alien, who meets the eligibility requirements set 
        forth in subsection (b) may apply for status as a registered 
        provisional immigrant or a registered provisional immigrant 
        dependent, as applicable, by submitting a completed application 
        form to the Secretary during the application period set forth 
        in paragraph (3), in accordance with the final rule promulgated 
        by the Secretary under the Border Security, Economic 
        Opportunity, and Immigration Modernization Act. An applicant 
        for registered provisional immigrant status shall be treated as 
        an applicant for admission.
            ``(2) Payment of taxes.--
                    ``(A) In general.--An alien may not file an 
                application for registered provisional immigrant status 
                under paragraph (1) unless the applicant has satisfied 
                any applicable Federal tax liability.
                    ``(B) Definition of applicable federal tax 
                liability.--In this paragraph, the term `applicable 
                Federal tax liability' means all Federal income taxes 
                assessed in accordance with section 6203 of the 
                Internal Revenue Code of 1986.
                    ``(C) Demonstration of compliance.--An applicant 
                may demonstrate compliance with this paragraph by 
                submitting appropriate documentation, in accordance 
                with regulations promulgated by the Secretary, in 
                consultation with the Secretary of the Treasury.
            ``(3) Application period.--
                    ``(A) Initial period.--Except as provided in 
                subparagraph (B), the Secretary may only accept 
                applications for registered provisional immigrant 
                status from aliens in the United States during the 1-
                year period beginning on the date on which the final 
                rule is published in the Federal Register pursuant to 
                paragraph (1).
                    ``(B) Extension.--If the Secretary determines, 
                during the initial period described in subparagraph 
                (A), that additional time is required to process 
                applications for registered provisional immigrant 
                status or for other good cause, the Secretary may 
                extend the period for accepting applications for such 
                status for an additional 18 months.
            ``(4) Application form.--
                    ``(A) Required information.--
                            ``(i) In general.--The application form 
                        referred to in paragraph (1) shall collect such 
                        information as the Secretary determines to be 
                        necessary and appropriate, including, for the 
                        purpose of understanding immigration trends--
                                    ``(I) an explanation of how, when, 
                                and where the alien entered the United 
                                States;
                                    ``(II) the country in which the 
                                alien resided before entering the 
                                United States; and
                                    ``(III) other demographic 
                                information specified by the Secretary.
                            ``(ii) Privacy protections.--Information 
                        described in subclauses (I) through (III) of 
                        clause (i), which shall be provided anonymously 
                        by the applicant on the application form 
                        referred to in paragraph (1), shall be subject 
                        to the same confidentiality provisions as those 
                        set forth in section 9 of title 13, United 
                        States Code.
                            ``(iii) Report.--The Secretary shall submit 
                        a report to Congress that contains a summary of 
                        the statistical data about immigration trends 
                        collected pursuant to clause (i).
                    ``(B) Family application.--The Secretary shall 
                establish a process through which an alien may submit a 
                single application under this section on behalf of the 
                alien, his or her spouse, and his or her children who 
                are residing in the United States.
                    ``(C) Interview.--The Secretary may interview 
                applicants for registered provisional immigrant status 
                under this section to determine whether they meet the 
                eligibility requirements set forth in subsection (b).
            ``(5) Aliens apprehended before or during the application 
        period.--If an alien who is apprehended during the period 
        beginning on the date of the enactment of the Border Security, 
        Economic Opportunity, and Immigration Modernization Act and the 
        end of the application period described in paragraph (3) 
        appears prima facie eligible for registered provisional 
        immigrant status, to the satisfaction of the Secretary, the 
        Secretary--
                    ``(A) shall provide the alien with a reasonable 
                opportunity to file an application under this section 
                during such application period; and
                    ``(B) may not remove the individual until a final 
                administrative determination is made on the 
                application.
            ``(6) Eligibility after departure.--
                    ``(A) In general.--An alien who departed from the 
                United States while subject to an order of exclusion, 
                deportation, or removal, or pursuant to an order of 
                voluntary departure and who is outside of the United 
                States, or who has reentered the United States 
                illegally after December 31, 2011 without receiving the 
                Secretary's consent to reapply for admission under 
                section 212(a)(9), shall not be eligible to file an 
                application for registered provisional immigrant 
                status.
                    ``(B) Waiver.--The Secretary, in the Secretary's 
                sole and unreviewable discretion, subject to 
                subparagraph (D), may waive the application of 
                subparagraph (A) on behalf of an alien if the alien--
                            ``(i) is the spouse or child of a United 
                        States citizen or lawful permanent resident;
                            ``(ii) is the parent of a child who is a 
                        United States citizen or lawful permanent 
                        resident;
                            ``(iii) meets the requirements set forth in 
                        clauses (ii) and (iii) of section 
                        245D(b)(1)(A); or
                            ``(iv) meets the requirements set forth in 
                        section 245D(b)(1)(A)(ii), is 16 years or older 
                        on the date on which the alien applies for 
                        registered provisional immigrant status, and 
                        was physically present in the United States for 
                        an aggregate period of not less than 3 years 
                        during the 6-year period immediately preceding 
                        the date of the enactment of the Border 
                        Security, Economic Opportunity, and Immigration 
                        Modernization Act.
                    ``(C) Eligibility.--Subject to subparagraph (D) and 
                notwithstanding subsection (b)(2), section 241(a)(5), 
                or a prior order of exclusion, deportation, or removal, 
                an alien described in subparagraph (B) who is otherwise 
                eligible for registered provisional immigrant status 
                may file an application for such status.
                    ``(D) Crime victims' rights to notice and 
                consultation.--Prior to applying, or exercising, any 
                authority under this paragraph, or ruling upon an 
                application allowed under subparagraph (C) the 
                Secretary shall--
                            ``(i) determine whether or not an alien 
                        described under subparagraph (B) or (C) has a 
                        conviction for any criminal offense;
                            ``(ii) in consultation with the agency that 
                        prosecuted the criminal offense under clause 
                        (i), if the agency, in the sole discretion of 
                        the agency, is willing to cooperate with the 
                        Secretary, make all reasonable efforts to 
                        identify each victim of a crime for which an 
                        alien determined to be a criminal under clause 
                        (i) has a conviction;
                            ``(iii) in consultation with the agency 
                        that prosecuted the criminal offense under 
                        clause (i), if the agency, in the sole 
                        discretion of the agency, is willing to 
                        cooperate with the Secretary, make all 
                        reasonable efforts to provide each victim 
                        identified under clause (ii) with written 
                        notice that the alien is being considered for a 
                        waiver under this paragraph, specifying in such 
                        notice that the victim may--
                                    ``(I) take no further action;
                                    ``(II) request written notification 
                                by the Secretary of any subsequent 
                                application for waiver filed by the 
                                criminal alien under this paragraph and 
                                of the final determination of the 
                                Secretary regarding such application; 
                                or
                                    ``(III) not later than 60 days 
                                after the date on which the victim 
                                receives written notice under this 
                                clause, request a consultation with the 
                                Secretary relating to whether the 
                                application of the offender should be 
                                granted and if the victim cannot be 
                                located or if no response is received 
                                from the victim within the designated 
                                time period, the Secretary shall 
                                proceed with adjudication of the 
                                application; and
                            ``(iv) at the request of a victim under 
                        clause (iii), consult with the victim to 
                        determine whether or not the Secretary should, 
                        in the case of an alien who is determined under 
                        clause (i) to have a conviction for any 
                        criminal offense, exercise waiver authority for 
                        an alien described under subparagraph (B), or 
                        grant the application of an alien described 
                        under subparagraph (C).
                    ``(E) Crime victims' right to intervention.--In 
                addition to the victim notification and consultation 
                provided for in subparagraph (D), the Secretary shall 
                allow the victim of a criminal alien described under 
                subparagraph (B) or (C) to request consultation 
                regarding, or notice of, any application for waiver 
                filed by the criminal alien under this paragraph, 
                including the final determination of the Secretary 
                regarding such application.
                    ``(F) Confidentiality protections for crime 
                victims.--The Secretary and the Attorney General may 
                not make an adverse determination of admissibility or 
                deportability of any alien who is a victim and not 
                lawfully present in the United States based solely on 
                information supplied or derived in the process of 
                identification, notification, or consultation under 
                this paragraph.
                    ``(G) Reports required.--Not later than September 
                30 of each fiscal year in which the Secretary exercises 
                authority under this paragraph to rule upon the 
                application of a criminal offender allowed under 
                subparagraph (C), the Secretary shall submit to the 
                Committee on the Judiciary of the Senate and the 
                Committee on the Judiciary of the House of 
                Representatives a report detailing the execution of the 
                victim identification and notification process required 
                under subparagraph (D), which shall include--
                            ``(i) the total number of criminal 
                        offenders who have filed an application under 
                        subparagraph (C) and the crimes committed by 
                        such offenders;
                            ``(ii) the total number of criminal 
                        offenders whose application under subparagraph 
                        (C) has been granted and the crimes committed 
                        by such offenders; and
                            ``(iii) the total number of victims of 
                        criminal offenders under clause (ii) who were 
                        not provided with written notice of the 
                        offender's application and the crimes committed 
                        against the victims.
                    ``(H) Definition.--In this paragraph, the term 
                `victim' has the meaning given the term in section 
                503(e) of the Victims' Rights and Restitution Act of 
                1990 (42 U.S.C. 10607(e)).
            ``(7) Suspension of removal during application period.--
                    ``(A) Protection from detention or removal.--A 
                registered provisional immigrant may not be detained by 
                the Secretary or removed from the United States, 
                unless--
                            ``(i) the Secretary determines that--
                                    ``(I) such alien is, or has become, 
                                ineligible for registered provisional 
                                immigrant status under subsection 
                                (b)(3); or
                                    ``(II) the alien's registered 
                                provisional immigrant status has been 
                                revoked under subsection (d)(2).
                    ``(B) Aliens in removal proceedings.--
                Notwithstanding any other provision of this Act--
                            ``(i) if the Secretary determines that an 
                        alien, during the period beginning on the date 
                        of the enactment of this section and ending on 
                        the last day of the application period 
                        described in paragraph (3), is in removal, 
                        deportation, or exclusion proceedings before 
                        the Executive Office for Immigration Review and 
                        is prima facie eligible for registered 
                        provisional immigrant status under this 
                        section--
                                    ``(I) the Secretary shall provide 
                                the alien with the opportunity to file 
                                an application for such status; and
                                    ``(II) upon motion by the Secretary 
                                and with the consent of the alien or 
                                upon motion by the alien, the Executive 
                                Office for Immigration Review shall--
                                            ``(aa) terminate such 
                                        proceedings without prejudice 
                                        to future proceedings on any 
                                        basis; and
                                            ``(bb) provide the alien a 
                                        reasonable opportunity to apply 
                                        for such status; and
                            ``(ii) if the Executive Office for 
                        Immigration Review determines that an alien, 
                        during the period beginning on the date of the 
                        enactment of this section and ending on the 
                        last day of the application period described in 
                        paragraph (3), is in removal, deportation, or 
                        exclusion proceedings before the Executive 
                        Office for Immigration Review and is prima 
                        facie eligible for registered provisional 
                        immigrant status under this section--
                                    ``(I) the Executive Office of 
                                Immigration Review shall notify the 
                                Secretary of such determination; and
                                    ``(II) if the Secretary does not 
                                dispute the determination of prima 
                                facie eligibility within 7 days after 
                                such notification, the Executive Office 
                                for Immigration Review, upon consent of 
                                the alien, shall--
                                            ``(aa) terminate such 
                                        proceedings without prejudice 
                                        to future proceedings on any 
                                        basis; and
                                            ``(bb) permit the alien a 
                                        reasonable opportunity to apply 
                                        for such status.
                    ``(C) Treatment of certain aliens.--
                            ``(i) In general.--If an alien who meets 
                        the eligibility requirements set forth in 
                        subsection (b) is present in the United States 
                        and has been ordered excluded, deported, or 
                        removed, or ordered to depart voluntarily from 
                        the United States under any provision of this 
                        Act--
                                    ``(I) notwithstanding such order or 
                                section 241(a)(5), the alien may apply 
                                for registered provisional immigrant 
                                status under this section; and
                                    ``(II) if the alien is granted such 
                                status, the alien shall file a motion 
                                to reopen the exclusion, deportation, 
                                removal, or voluntary departure order, 
                                which motion shall be granted unless 1 
                                or more of the grounds of ineligibility 
                                is established by clear and convincing 
                                evidence.
                            ``(ii) Limitations on motions to reopen.--
                        The limitations on motions to reopen set forth 
                        in section 240(c)(7) shall not apply to motions 
                        filed under clause (i)(II).
                    ``(D) Period pending adjudication of application.--
                            ``(i) In general.--During the period 
                        beginning on the date on which an alien applies 
                        for registered provisional immigrant status 
                        under paragraph (1) and the date on which the 
                        Secretary makes a final decision regarding such 
                        application, the alien--
                                    ``(I) may receive advance parole to 
                                reenter the United States if urgent 
                                humanitarian circumstances compel such 
                                travel;
                                    ``(II) may not be detained by the 
                                Secretary or removed from the United 
                                States unless the Secretary makes a 
                                prima facie determination that such 
                                alien is, or has become, ineligible for 
                                registered provisional immigrant status 
                                under subsection (b)(3);
                                    ``(III) shall not be considered 
                                unlawfully present for purposes of 
                                section 212(a)(9)(B); and
                                    ``(IV) shall not be considered an 
                                unauthorized alien (as defined in 
                                section 274A(h)(3)).
                            ``(ii) Evidence of application filing.--As 
                        soon as practicable after receiving each 
                        application for registered provisional 
                        immigrant status, the Secretary shall provide 
                        the applicant with a document acknowledging the 
                        receipt of such application.
                            ``(iii) Continuing employment.--An employer 
                        who knows that an alien employee is an 
                        applicant for registered provisional immigrant 
                        status or will apply for such status once the 
                        application period commences is not in 
                        violation of section 274A(a)(2) if the employer 
                        continues to employ the alien pending the 
                        adjudication of the alien employee's 
                        application.
                            ``(iv) Effect of departure.--Section 101(g) 
                        shall not apply to an alien granted--
                                    ``(I) advance parole under clause 
                                (i)(I) to reenter the United States; or
                                    ``(II) registered provisional 
                                immigrant status.
            ``(8) Security and law enforcement clearances.--
                    ``(A) Biometric and biographic data.--The Secretary 
                may not grant registered provisional immigrant status 
                to an alien or an alien dependent spouse or child under 
                this section unless such alien submits biometric and 
                biographic data in accordance with procedures 
                established by the Secretary.
                    ``(B) Alternative procedures.--The Secretary shall 
                provide an alternative procedure for applicants who 
                cannot provide the biometric data required under 
                subparagraph (A) because of a physical impairment.
                    ``(C) Clearances.--
                            ``(i) Data collection.--The Secretary shall 
                        collect, from each alien applying for status 
                        under this section, biometric, biographic, and 
                        other data that the Secretary determines to be 
                        appropriate--
                                    ``(I) to conduct national security 
                                and law enforcement clearances; and
                                    ``(II) to determine whether there 
                                are any national security or law 
                                enforcement factors that would render 
                                an alien ineligible for such status.
                            ``(ii) Additional security screening.--The 
                        Secretary, in consultation with the Secretary 
                        of State and other interagency partners, shall 
                        conduct an additional security screening upon 
                        determining, in the Secretary's opinion based 
                        upon information related to national security, 
                        that an alien or alien dependent spouse or 
                        child is or was a citizen or long-term resident 
                        of a region or country known to pose a threat, 
                        or that contains groups or organizations that 
                        pose a threat, to the national security of the 
                        United States.
                            ``(iii) Prerequisite.--The required 
                        clearances and screenings described in clauses 
                        (i)(I) and (ii) shall be completed before the 
                        alien may be granted registered provisional 
                        immigrant status.
            ``(9) Duration of status and extension.--
                    ``(A) In general.--The initial period of authorized 
                admission for a registered provisional immigrant--
                            ``(i) shall remain valid for 6 years unless 
                        revoked pursuant to subsection (d)(2); and
                            ``(ii) may be extended for additional 6-
                        year terms if--
                                    ``(I) the alien remains eligible 
                                for registered provisional immigrant 
                                status;
                                    ``(II) the alien meets the 
                                employment requirements set forth in 
                                subparagraph (B);
                                    ``(III) the alien has successfully 
                                passed background checks that are 
                                equivalent to the background checks 
                                described in section 245D(b)(1)(E); and
                                    ``(IV) such status was not revoked 
                                by the Secretary for any reason.
                    ``(B) Employment or education requirement.--Except 
                as provided in subparagraphs (D) and (E) of section 
                245C(b)(3), an alien may not be granted an extension of 
                registered provisional immigrant status under this 
                paragraph unless the alien establishes that, during the 
                alien's period of status as a registered provisional 
                immigrant, the alien--
                            ``(i)(I) was regularly employed throughout 
                        the period of admission as a registered 
                        provisional immigrant, allowing for brief 
                        periods lasting not more than 60 days; and
                            ``(II) is not likely to become a public 
                        charge (as determined under section 212(a)(4)); 
                        or
                            ``(ii) is able to demonstrate average 
                        income or resources that are not less than 100 
                        percent of the Federal poverty level throughout 
                        the period of admission as a registered 
                        provisional immigrant.
                    ``(C) Payment of taxes.--An applicant may not be 
                granted an extension of registered provisional 
                immigrant status under subparagraph (A)(ii) unless the 
                applicant has satisfied any applicable Federal tax 
                liability in accordance with paragraph (2).
            ``(10) Fees and penalties.--
                    ``(A) Standard processing fee.--
                            ``(i) In general.--Aliens who are 16 years 
                        of age or older and are applying for registered 
                        provisional immigrant status under paragraph 
                        (1), or for an extension of such status under 
                        paragraph (9)(A)(ii), shall pay a processing 
                        fee to the Department of Homeland Security in 
                        an amount determined by the Secretary.
                            ``(ii) Recovery of costs.--The processing 
                        fee authorized under clause (i) shall be set at 
                        a level that is sufficient to recover the full 
                        costs of processing the application, including 
                        any costs incurred--
                                    ``(I) to adjudicate the 
                                application;
                                    ``(II) to take and process 
                                biometrics;
                                    ``(III) to perform national 
                                security and criminal checks, including 
                                adjudication;
                                    ``(IV) to prevent and investigate 
                                fraud; and
                                    ``(V) to administer the collection 
                                of such fee.
                            ``(iii) Authority to limit fees.--The 
                        Secretary, by regulation, may--
                                    ``(I) limit the maximum processing 
                                fee payable under this subparagraph by 
                                a family, including spouses and 
                                unmarried children younger than 21 
                                years of age; and
                                    ``(II) exempt defined classes of 
                                individuals, including individuals 
                                described in section 245B(c)(13), from 
                                the payment of the fee authorized under 
                                clause (i).
                    ``(B) Deposit and use of processing fees.--Fees 
                collected under subparagraph (A)(i)--
                            ``(i) shall be deposited into the 
                        Immigration Examinations Fee Account pursuant 
                        to section 286(m); and
                            ``(ii) shall remain available until 
                        expended pursuant to section 286(n).
                    ``(C) Penalty.--
                            ``(i) Payment.--In addition to the 
                        processing fee required under subparagraph (A), 
                        aliens not described in section 245D(b)(A)(ii) 
                        who are 21 years of age or older and are filing 
                        an application under this subsection shall pay 
                        a $1,000 penalty to the Department of Homeland 
                        Security.
                            ``(ii) Installments.--The Secretary shall 
                        establish a process for collecting payments 
                        required under clause (i) that permits the 
                        penalty under that clause to be paid in 
                        periodic installments that shall be completed 
                        before the alien may be granted an extension of 
                        status under paragraph (9)(A)(ii).
                            ``(iii) Deposit.--Penalties collected 
                        pursuant to this subparagraph shall be 
                        deposited into the Comprehensive Immigration 
                        Reform Trust Fund established under section 
                        6(a)(1) of the Border Security, Economic 
                        Opportunity, and Immigration Modernization Act.
            ``(11) Adjudication.--
                    ``(A) Failure to submit sufficient evidence.--The 
                Secretary shall deny an application submitted by an 
                alien who fails to submit--
                            ``(i) requested initial evidence, including 
                        requested biometric data; or
                            ``(ii) any requested additional evidence by 
                        the date required by the Secretary.
                    ``(B) Amended application.--An alien whose 
                application for registered provisional immigrant status 
                is denied under subparagraph (A) may file an amended 
                application for such status to the Secretary if the 
                amended application--
                            ``(i) is filed within the application 
                        period described in paragraph (3); and
                            ``(ii) contains all the required 
                        information and fees that were missing from the 
                        initial application.
            ``(12) Evidence of registered provisional immigrant 
        status.--
                    ``(A) In general.--The Secretary shall issue 
                documentary evidence of registered provisional 
                immigrant status to each alien whose application for 
                such status has been approved.
                    ``(B) Documentation features.--Documentary evidence 
                provided under subparagraph (A)--
                            ``(i) shall be machine-readable and tamper-
                        resistant, and shall contain a digitized 
                        photograph;
                            ``(ii) shall, during the alien's authorized 
                        period of admission, and any extension of such 
                        authorized admission, serve as a valid travel 
                        and entry document for the purpose of applying 
                        for admission to the United States;
                            ``(iii) may be accepted during the period 
                        of its validity by an employer as evidence of 
                        employment authorization and identity under 
                        section 274A(b)(1)(B);
                            ``(iv) shall indicate that the alien is 
                        authorized to work in the United States for up 
                        to 3 years; and
                            ``(v) shall include such other features and 
                        information as may be prescribed by the 
                        Secretary.
            ``(13) DACA recipients.--Unless the Secretary determines 
        that an alien who was granted Deferred Action for Childhood 
        Arrivals (referred to in this paragraph as `DACA') pursuant to 
        the Secretary's memorandum of June 15, 2012, has engaged in 
        conduct since the alien was granted DACA that would make the 
        alien ineligible for registered provisional immigrant status, 
        the Secretary may grant such status to the alien if renewed 
        national security and law enforcement clearances have been 
        completed on behalf of the alien.
    ``(d) Terms and Conditions of Registered Provisional Immigrant 
Status.--
            ``(1) Conditions of registered provisional immigrant 
        status.--
                    ``(A) Employment.--Notwithstanding any other 
                provision of law, including section 241(a)(7), a 
                registered provisional immigrant shall be authorized to 
                be employed in the United States while in such status.
                    ``(B) Travel outside the united states.--A 
                registered provisional immigrant may travel outside of 
                the United States and may be admitted, if otherwise 
                admissible, upon returning to the United States without 
                having to obtain a visa if--
                            ``(i) the alien is in possession of--
                                    ``(I) valid, unexpired documentary 
                                evidence of registered provisional 
                                immigrant status that complies with 
                                subsection (c)(12); or
                                    ``(II) a travel document, duly 
                                approved by the Secretary, that was 
                                issued to the alien after the alien's 
                                original documentary evidence was lost, 
                                stolen, or destroyed;
                            ``(ii) the alien's absence from the United 
                        States did not exceed 180 days, unless the 
                        alien's failure to timely return was due to 
                        extenuating circumstances beyond the alien's 
                        control;
                            ``(iii) the alien meets the requirements 
                        for an extension as described in subclauses (I) 
                        and (III) of paragraph (9)(A); and
                            ``(iv) the alien establishes that the alien 
                        is not inadmissible under subparagraph (A)(i), 
                        (A)(iii), (B), or (C) of section 212(a)(3).
                    ``(C) Admission.--An alien granted registered 
                provisional immigrant status under this section shall 
                be considered to have been admitted and lawfully 
                present in the United States in such status as of the 
                date on which the alien's application was filed.
                    ``(D) Clarification of status.--An alien granted 
                registered provisional immigrant status--
                            ``(i) is lawfully admitted to the United 
                        States; and
                            ``(ii) may not be classified as a 
                        nonimmigrant or as an alien who has been 
                        lawfully admitted for permanent residence.
            ``(2) Revocation.--
                    ``(A) In general.--The Secretary may revoke the 
                status of a registered provisional immigrant at any 
                time after providing appropriate notice to the alien, 
                and after the exhaustion or waiver of all applicable 
                administrative review procedures under section 245E(c), 
                if the alien--
                            ``(i) no longer meets the eligibility 
                        requirements set forth in subsection (b);
                            ``(ii) knowingly used documentation issued 
                        under this section for an unlawful or 
                        fraudulent purpose;
                            ``(iii) is convicted of fraudulently 
                        claiming or receiving a Federal means-tested 
                        benefit (as defined and implemented in section 
                        403 of the Personal Responsibility and Work 
                        Opportunity Reconciliation Act of 1996 (8 
                        U.S.C. 1613)) after being granted registered 
                        provisional immigrant status; or
                            ``(iv) was absent from the United States--
                                    ``(I) for any single period longer 
                                than 180 days in violation of the 
                                requirements set forth in paragraph 
                                (1)(B)(ii); or
                                    ``(II) for more than 180 days in 
                                the aggregate during any calendar year, 
                                unless the alien's failure to timely 
                                return was due to extenuating 
                                circumstances beyond the alien's 
                                control.
                    ``(B) Additional evidence.--In determining whether 
                to revoke an alien's status under subparagraph (A), the 
                Secretary may require the alien--
                            ``(i) to submit additional evidence; or
                            ``(ii) to appear for an interview.
                    ``(C) Invalidation of documentation.--If an alien's 
                registered provisional immigrant status is revoked 
                under subparagraph (A), any documentation issued by the 
                Secretary to such alien under subsection (c)(12) shall 
                automatically be rendered invalid for any purpose 
                except for departure from the United States.
            ``(3) Ineligibility for public benefits.--
                    ``(A) In general.--An alien who has been granted 
                registered provisional immigrant status under this 
                section is not eligible for any Federal means-tested 
                public benefit (as defined and implemented in section 
                403 of the Personal Responsibility and Work Opportunity 
                Reconciliation Act of 1996 (8 U.S.C. 1613)).
                    ``(B) Audits.--The Secretary of Health and Human 
                Services shall conduct regular audits to ensure that 
                registered provisional immigrants are not fraudulently 
                receiving any of the benefits described in subparagraph 
                (A).
            ``(4) Treatment of registered provisional immigrants.--A 
        noncitizen granted registered provisional immigrant status 
        under this section shall be considered lawfully present in the 
        United States for all purposes while such noncitizen remains in 
        such status, except that the noncitizen--
                    ``(A) is not entitled to the premium assistance tax 
                credit authorized under section 36B of the Internal 
                Revenue Code of 1986 for his or her coverage;
                    ``(B) shall be subject to the rules applicable to 
                individuals not lawfully present that are set forth in 
                subsection (e) of such section;
                    ``(C) shall be subject to the rules applicable to 
                individuals not lawfully present that are set forth in 
                section 1402(e) of the Patient Protection and 
                Affordable Care Act (42 U.S.C. 18071); and
                    ``(D) shall be subject to the rules applicable to 
                individuals not lawfully present set forth in section 
                5000A(d)(3) of the Internal Revenue Code of 1986.
            ``(5) Assignment of social security number.--
                    ``(A) In general.--The Commissioner of Social 
                Security, in coordination with the Secretary, shall 
                implement a system to allow for the assignment of a 
                Social Security number and the issuance of a Social 
                Security card to each alien who has been granted 
                registered provisional immigrant status under this 
                section.
                    ``(B) Use of information.--The Secretary shall 
                provide the Commissioner of Social Security with 
                information from the applications filed by aliens 
                granted registered provisional immigrant status under 
                this section and such other information as the 
                Commissioner determines to be necessary to assign a 
                Social Security account number to such aliens. The 
                Commissioner may use information received from the 
                Secretary under this subparagraph to assign Social 
                Security account numbers to such aliens and to 
                administer the programs of the Social Security 
                Administration. The Commissioner may maintain, use, and 
                disclose such information only as permitted under 
                section 552a of title 5, United States Code (commonly 
                known as the Privacy Act of 1974) and other applicable 
                Federal laws.
    ``(e) Dissemination of Information on Registered Provisional 
Immigrant Program.--As soon as practicable after the date of the 
enactment of the Border Security, Economic Opportunity, and Immigration 
Modernization Act, the Secretary, in cooperation with entities approved 
by the Secretary, and in accordance with a plan adopted by the 
Secretary, shall broadly disseminate, in the most common languages 
spoken by aliens who would qualify for registered provisional immigrant 
status under this section, to television, radio, print, and social 
media to which such aliens would likely have access--
            ``(1) the procedures for applying for such status;
            ``(2) the terms and conditions of such status; and
            ``(3) the eligibility requirements for such status.''.
    (b) Enlistment in the Armed Forces.--Section 504(b)(1) of title 10, 
United States Code, is amended by adding at the end the following:
            ``(D) An alien who has been granted registered provisional 
        immigrant status under section 245B of the Immigration and 
        Nationality Act.''.

SEC. 2102. ADJUSTMENT OF STATUS OF REGISTERED PROVISIONAL IMMIGRANTS.

    (a) In General.--Chapter 5 of title II (8 U.S.C. 1255 et seq.) is 
amended by inserting after section 245B, as added by section 2101 of 
this title, the following:

``SEC. 245C. ADJUSTMENT OF STATUS OF REGISTERED PROVISIONAL IMMIGRANTS.

    ``(a) In General.--Subject to section 245E(d) and section 
2302(c)(3) of the Border Security, Economic Opportunity, and 
Immigration Modernization Act, the Secretary may adjust the status of a 
registered provisional immigrant to that of an alien lawfully admitted 
for permanent residence if the registered provisional immigrant 
satisfies the eligibility requirements set forth in subsection (b).
    ``(b) Eligibility Requirements.--
            ``(1) Registered provisional immigrant status.--
                    ``(A) In general.--The alien was granted registered 
                provisional immigrant status under section 245B and 
                remains eligible for such status.
                    ``(B) Continuous physical presence.--The alien 
                establishes, to the satisfaction of the Secretary, that 
                the alien was not continuously absent from the United 
                States for more than 180 days in any calendar year 
                during the period of admission as a registered 
                provisional immigrant, unless the alien's absence was 
                due to extenuating circumstances beyond the alien's 
                control.
                    ``(C) Maintenance of waivers of inadmissibility.--
                The grounds of inadmissibility set forth in section 
                212(a) that were previously waived for the alien or 
                made inapplicable under section 245B(b) shall not apply 
                for purposes of the alien's adjustment of status under 
                this section.
                    ``(D) Pending revocation proceedings.--If the 
                Secretary has notified the applicant that the Secretary 
                intends to revoke the applicant's registered 
                provisional immigrant status under section 
                245B(d)(2)(A), the Secretary may not approve an 
                application for adjustment of status under this section 
                unless the Secretary makes a final determination not to 
                revoke the applicant's status.
            ``(2) Payment of taxes.--
                    ``(A) In general.--An applicant may not file an 
                application for adjustment of status under this section 
                unless the applicant has satisfied any applicable 
                Federal tax liability.
                    ``(B) Definition of applicable federal tax 
                liability.--In subparagraph (A), the term `applicable 
                Federal tax liability' means all Federal income taxes 
                assessed in accordance with section 6203 of the 
                Internal Revenue Code of 1986 since the date on which 
                the applicant was authorized to work in the United 
                States as a registered provisional immigrant under 
                section 245B(a).
                    ``(C) Compliance.--The applicant may demonstrate 
                compliance with subparagraph (A) by submitting such 
                documentation as the Secretary, in consultation with 
                the Secretary of the Treasury, may require by 
                regulation.
            ``(3) Employment requirement.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (D) and (E), an alien applying for 
                adjustment of status under this section shall establish 
                that, during his or her period of status as a 
                registered provisional immigrant, he or she--
                            ``(i)(I) was regularly employed throughout 
                        the period of admission as a registered 
                        provisional immigrant, allowing for brief 
                        periods lasting not more than 60 days; and
                            ``(II) is not likely to become a public 
                        charge (as determined under section 212(a)(4)); 
                        or
                            ``(ii) can demonstrate average income or 
                        resources that are not less than 125 percent of 
                        the Federal poverty level throughout the period 
                        of admission as a registered provisional 
                        immigrant.
                    ``(B) Evidence of employment.--
                            ``(i) Documents.--An alien may satisfy the 
                        employment requirement under subparagraph 
                        (A)(i) by submitting, to the Secretary, records 
                        that--
                                    ``(I) establish, by the 
                                preponderance of the evidence, 
                                compliance with such employment 
                                requirement; and
                                    ``(II) have been maintained by the 
                                Social Security Administration, the 
                                Internal Revenue Service, or any other 
                                Federal, State, or local government 
                                agency.
                            ``(ii) Other documents.--An alien who is 
                        unable to submit the records described in 
                        clause (i) may satisfy the employment or 
                        education requirement under subparagraph (A) by 
                        submitting to the Secretary at least 2 types of 
                        reliable documents not described in clause (i) 
                        that provide evidence of employment or 
                        education, including--
                                    ``(I) bank records;
                                    ``(II) business records;
                                    ``(III) employer records;
                                    ``(IV) records of a labor union, 
                                day labor center, or organization that 
                                assists workers in employment;
                                    ``(V) sworn affidavits from 
                                nonrelatives who have direct knowledge 
                                of the alien's work or education, that 
                                contain--
                                            ``(aa) the name, address, 
                                        and telephone number of the 
                                        affiant;
                                            ``(bb) the nature and 
                                        duration of the relationship 
                                        between the affiant and the 
                                        alien; and
                                            ``(cc) other verification 
                                        or information;
                                    ``(VI) remittance records; and
                                    ``(VII) school records from 
                                institutions described in subparagraph 
                                (D).
                            ``(iii) Additional documents and 
                        restrictions.--The Secretary may--
                                    ``(I) designate additional 
                                documents that may be used to establish 
                                compliance with the requirement under 
                                subparagraph (A); and
                                    ``(II) set such terms and 
                                conditions on the use of affidavits as 
                                may be necessary to verify and confirm 
                                the identity of any affiant or to 
                                otherwise prevent fraudulent 
                                submissions.
                    ``(C) Satisfaction of employment requirement.--An 
                alien may not be required to satisfy the employment 
                requirements under this section with a single employer.
                    ``(D) Education permitted.--An alien may satisfy 
                the requirement under subparagraph (A), in whole or in 
                part, by providing evidence of full-time attendance 
                at--
                            ``(i) an institution of higher education 
                        (as defined in section 102(a) of the Higher 
                        Education Act of 1965 (20 U.S.C. 1002(a)));
                            ``(ii) a secondary school, including a 
                        public secondary school (as defined in section 
                        9101 of the Elementary and Secondary Education 
                        Act of 1965 (20 U.S.C. 7801));
                            ``(iii) an education, literacy, or career 
                        and technical training program (including 
                        vocational training) that is designed to lead 
                        to placement in postsecondary education, job 
                        training, or employment through which the alien 
                        is working toward such placement; or
                            ``(iv) an education program assisting 
                        students either in obtaining a high school 
                        equivalency diploma, certificate, or its 
                        recognized equivalent under State law 
                        (including a certificate of completion, 
                        certificate of attendance, or alternate award), 
                        or in passing a General Educational Development 
                        exam or other equivalent State-authorized exam 
                        or completed other applicable State 
                        requirements for high school equivalency.
                    ``(E) Authorization of exceptions and waivers.--
                            ``(i) Exceptions based on age or 
                        disability.--The employment and education 
                        requirements under this paragraph shall not 
                        apply to any alien who--
                                    ``(I) is younger than 21 years of 
                                age on the date on which the alien 
                                files an application for the first 
                                extension of the initial period of 
                                authorized admission as a registered 
                                provisional immigrant;
                                    ``(II) is at least 60 years of age 
                                on the date on which the alien files an 
                                application for an extension of 
                                registered provisional immigrant status 
                                or at least 65 years of age on the date 
                                on which the alien's application for 
                                adjustment of status is filed under 
                                this section; or
                                    ``(III) has a physical or mental 
                                disability (as defined in section 3(2) 
                                of the Americans with Disabilities Act 
                                of 1990 (42 U.S.C. 12102(2))) or as a 
                                result of pregnancy if such condition 
                                is evidenced by the submission of 
                                documentation prescribed by the 
                                Secretary.
                            ``(ii) Family exceptions.--The employment 
                        and education requirements under this paragraph 
                        shall not apply to any alien who is a dependent 
                        registered provisional immigrant under 
                        subsection (b)(5).
                            ``(iii) Temporary exceptions.--The 
                        employment and education requirements under 
                        this paragraph shall not apply during any 
                        period during which the alien--
                                    ``(I) was on medical leave, 
                                maternity leave, or other employment 
                                leave authorized by Federal law, State 
                                law, or the policy of the employer;
                                    ``(II) is or was the primary 
                                caretaker of a child or another person 
                                who requires supervision or is unable 
                                to care for himself or herself; or
                                    ``(III) was unable to work due to 
                                circumstances outside the control of 
                                the alien.
                            ``(iv) Waiver.--The Secretary may waive the 
                        employment or education requirements under this 
                        paragraph with respect to any individual alien 
                        who demonstrates extreme hardship to himself or 
                        herself or to a spouse, parent, or child who is 
                        a United States citizen or lawful permanent 
                        resident.
            ``(4) English skills.--
                    ``(A) In general.--Except as provided under 
                subparagraph (C), a registered provisional immigrant 
                who is 16 years of age or older shall establish that he 
                or she--
                            ``(i) meets the requirements set forth in 
                        section 312; or
                            ``(ii) is satisfactorily pursuing a course 
                        of study, pursuant to standards established by 
                        the Secretary of Education, in consultation 
                        with the Secretary, to achieve an understanding 
                        of English and knowledge and understanding of 
                        the history and Government of the United 
                        States, as described in section 312(a).
                    ``(B) Relation to naturalization examination.--A 
                registered provisional immigrant who demonstrates that 
                he or she meets the requirements set forth in section 
                312 may be considered to have satisfied such 
                requirements for purposes of becoming naturalized as a 
                citizen of the United States.
                    ``(C) Exceptions.--
                            ``(i) Mandatory.--Subparagraph (A) shall 
                        not apply to any person who is unable to comply 
                        with the requirements under that subparagraph 
                        because of a physical or developmental 
                        disability or mental impairment.
                            ``(ii) Discretionary.--The Secretary may 
                        waive all or part of subparagraph (A) for a 
                        registered provisional immigrant who is 70 
                        years of age or older on the date on which an 
                        application is filed for adjustment of status 
                        under this section.
            ``(5) Military selective service.--The alien shall provide 
        proof of registration under the Military Selective Service Act 
        (50 U.S.C. App. 451 et seq.), if the alien is subject to such 
        registration on or after the date on which the alien's 
        application for registered provisional immigrant status is 
        granted.
    ``(c) Application Procedures.--
            ``(1) In general.--Beginning on the date described in 
        paragraph (2), a registered provisional immigrant, or a 
        registered provisional immigrant dependent, who meets the 
        eligibility requirements set forth in subsection (b) may apply 
        for adjustment of status to that of an alien lawfully admitted 
        for permanent residence by submitting an application to the 
        Secretary that includes the evidence required, by regulation, 
        to demonstrate the applicant's eligibility for such adjustment.
            ``(2) Back of the line.--The status of a registered 
        provisional immigrant may not be adjusted to that of an alien 
        lawfully admitted for permanent residence under this section 
        until after the Secretary of State certifies that immigrant 
        visas have become available for all approved petitions for 
        immigrant visas that were filed under sections 201 and 203 
        before the date of the enactment of the Border Security, 
        Economic Opportunity, and Immigration Modernization Act.
            ``(3) Interview.--The Secretary may interview applicants 
        for adjustment of status under this section to determine 
        whether they meet the eligibility requirements set forth in 
        subsection (b).
            ``(4) Security and law enforcement clearances.--The 
        Secretary may not adjust the status of a registered provisional 
        immigrant under this section until renewed national security 
        and law enforcement clearances have been completed with respect 
        to the registered provisional immigrant, to the satisfaction of 
        the Secretary.
            ``(5) Fees and penalties.--
                    ``(A) Processing fees.--
                            ``(i) In general.--The Secretary shall 
                        impose a processing fee on applicants for 
                        adjustment of status under this section at a 
                        level sufficient to recover the full cost of 
                        processing such applications, including costs 
                        associated with--
                                    ``(I) adjudicating the 
                                applications;
                                    ``(II) taking and processing 
                                biometrics;
                                    ``(III) performing national 
                                security and criminal checks, including 
                                adjudication;
                                    ``(IV) preventing and investigating 
                                fraud; and
                                    ``(V) the administration of the 
                                fees collected.
                            ``(ii) Authority to limit fees.--The 
                        Secretary, by regulation, may--
                                    ``(I) limit the maximum processing 
                                fee payable under this subparagraph by 
                                a family, including spouses and 
                                children; and
                                    ``(II) exempt other defined classes 
                                of individuals from the payment of the 
                                fee authorized under clause (i).
                            ``(iii) Deposit and use of fees.--Fees 
                        collected under this subparagraph--
                                    ``(I) shall be deposited into the 
                                Immigration Examinations Fee Account 
                                pursuant to section 286(m); and
                                    ``(II) shall remain available until 
                                expended pursuant to section 286(n).
                    ``(B) Penalties.--
                            ``(i) In general.--In addition to the 
                        processing fee required under subparagraph (A) 
                        and the penalty required under section 
                        245B(c)(6)(D), an alien who was 21 years of age 
                        or older on the date on which the Border 
                        Security, Economic Opportunity, and Immigration 
                        Modernization Act was originally introduced in 
                        the Senate and is filing an application for 
                        adjustment of status under this section shall 
                        pay a $1,000 penalty to the Secretary unless 
                        the alien meets the requirements under section 
                        245D(b).
                            ``(ii) Installments.--The Secretary shall 
                        establish a process for collecting payments 
                        required under clause (i) through periodic 
                        installments.
                            ``(iii) Deposit, allocation, and spending 
                        of penalties.--Penalties collected under this 
                        subparagraph--
                                    ``(I) shall be deposited into the 
                                Comprehensive Immigration Trust Fund 
                                established under section 6(a)(1) of 
                                the Border Security, Economic 
                                Opportunity, and Immigration 
                                Modernization Act; and
                                    ``(II) may be used for the purposes 
                                set forth in section 6(a)(3)(B) of such 
                                Act.''.
    (b) Limitation on Registered Provisional Immigrants.--An alien 
admitted as a registered provisional immigrant under section 245B of 
the Immigration and Nationality Act, as added by subsection (a), may 
only adjust status to an alien lawfully admitted for permanent resident 
status under section 245C or 245D of such Act or section 2302.
    (c) Naturalization.--Section 319 (8 U.S.C. 1430) is amended--
            (1) in the section heading, by striking ``and employees of 
        certain nonprofit organizations'' and inserting ``, employees 
        of certain nonprofit organizations, and other long-term lawful 
        residents''; and
            (2) by adding at the end the following:
    ``(f) Any lawful permanent resident who was lawfully present in the 
United States and eligible for work authorization for not less than 10 
years before becoming a lawful permanent resident may be naturalized 
upon compliance with all the requirements under this title except the 
provisions of section 316(a)(1) if such person, immediately preceding 
the date on which the person filed an application for naturalization--
            ``(1) has resided continuously within the United States, 
        after being lawfully admitted for permanent residence, for at 
        least 3 years;
            ``(2) during the 3-year period immediately preceding such 
        filing date, has been physically present in the United States 
        for periods totaling at least 50 percent of such period; and
            ``(3) has resided within the State or in the jurisdiction 
        of the U.S. Citizenship and Immigration Services field office 
        in the United States in which the applicant filed such 
        application for at least 3 months.''.

SEC. 2103. THE DREAM ACT.

    (a) Short Title.--This section may be cited as the ``Development, 
Relief, and Education for Alien Minors Act of 2013'' or the ``DREAM Act 
2013''.
    (b) Adjustment of Status for Certain Aliens Who Entered the United 
States as Children.--Chapter 5 of title II (8 U.S.C. 1255 et seq.) is 
amended by inserting after section 245C, as added by section 2102 of 
this title, the following:

``SEC. 245D. ADJUSTMENT OF STATUS FOR CERTAIN ALIENS WHO ENTERED THE 
              UNITED STATES AS CHILDREN.

    ``(a) Definitions.--In this section:
            ``(1) Institution of higher education.--The term 
        `institution of higher education' has the meaning given such 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002), except that the term does not include 
        institutions described in subsection (a)(1)(C) of such section.
            ``(2) Secretary.--The term `Secretary' means the Secretary 
        of Homeland Security.
            ``(3) Uniformed services.--The term `Uniformed Services' 
        has the meaning given the term `uniformed services' in section 
        101(a)(5) of title 10, United States Code.
    ``(b) Adjustment of Status for Certain Aliens Who Entered the 
United States as Children.--
            ``(1) Requirements.--
                    ``(A) In general.--The Secretary may adjust the 
                status of a registered provisional immigrant to the 
                status of a lawful permanent resident if the immigrant 
                demonstrates that he or she--
                            ``(i) has been a registered provisional 
                        immigrant for at least 5 years;
                            ``(ii) was younger than 16 years of age on 
                        the date on which the alien initially entered 
                        the United States;
                            ``(iii) has earned a high school diploma, a 
                        commensurate alternative award from a public or 
                        private high school or secondary school, or has 
                        obtained a general education development 
                        certificate recognized under State law, or a 
                        high school equivalency diploma in the United 
                        States;
                            ``(iv)(I) has acquired a degree from an 
                        institution of higher education or has 
                        completed at least 2 years, in good standing, 
                        in a program for a bachelor's degree or higher 
                        degree in the United States; or
                            ``(II) has served in the Uniformed Services 
                        for at least 4 years and, if discharged, 
                        received an honorable discharge; and
                            ``(v) has provided a list of each secondary 
                        school (as that term is defined in section 9101 
                        of the Elementary and Secondary Education Act 
                        of 1965 (20 U.S.C. 7801)) that the alien 
                        attended in the United States.
                    ``(B) Hardship exception.--
                            ``(i) In general.--The Secretary may adjust 
                        the status of a registered provisional 
                        immigrant to the status of a lawful permanent 
                        resident if the alien--
                                    ``(I) satisfies the requirements 
                                under clauses (i), (ii), (iii), and (v) 
                                of subparagraph (A); and
                                    ``(II) demonstrates compelling 
                                circumstances for the inability to 
                                satisfy the requirement under 
                                subparagraph (A)(iv).
                    ``(C) Citizenship requirement.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the Secretary may not adjust the 
                        status of an alien to lawful permanent resident 
                        status under this section unless the alien 
                        demonstrates that the alien satisfies the 
                        requirements under section 312(a).
                            ``(ii) Exception.--Clause (i) shall not 
                        apply to an alien whose physical or 
                        developmental disability or mental impairment 
                        prevents the alien from meeting the 
                        requirements such section.
                    ``(D) Submission of biometric and biographic 
                data.--The Secretary may not adjust the status of an 
                alien to lawful permanent resident status unless the 
                alien--
                            ``(i) submits biometric and biographic 
                        data, in accordance with procedures established 
                        by the Secretary; or
                            ``(ii) complies with an alternative 
                        procedure prescribed by the Secretary, if the 
                        alien is unable to provide such biometric data 
                        because of a physical impairment.
                    ``(E) Background checks.--
                            ``(i) Requirement for background checks.--
                        The Secretary shall utilize biometric, 
                        biographic, and other data that the Secretary 
                        determines appropriate--
                                    ``(I) to conduct national security 
                                and law enforcement background checks 
                                of an alien applying for lawful 
                                permanent resident status under this 
                                section; and
                                    ``(II) to determine whether there 
                                is any criminal, national security, or 
                                other factor that would render the 
                                alien ineligible for such status.
                            ``(ii) Completion of background checks.--
                        The Secretary may not adjust an alien's status 
                        to the status of a lawful permanent resident 
                        under this subsection until the national 
                        security and law enforcement background checks 
                        required under clause (i) have been completed 
                        with respect to the alien, to the satisfaction 
                        of the Secretary.
            ``(2) Application for lawful permanent resident status.--
                    ``(A) In general.--A registered provisional 
                immigrant seeking lawful permanent resident status 
                shall file an application for such status in such 
                manner as the Secretary may require.
                    ``(B) Adjudication.--
                            ``(i) In general.--The Secretary shall 
                        evaluate each application filed by a registered 
                        provisional immigrant under this paragraph to 
                        determine whether the alien meets the 
                        requirements under paragraph (1).
                            ``(ii) Adjustment of status if favorable 
                        determination.--If the Secretary determines 
                        that the alien meets the requirements under 
                        paragraph (1), the Secretary shall notify the 
                        alien of such determination and adjust the 
                        status of the alien to lawful permanent 
                        resident status, effective as of the date of 
                        such determination.
                            ``(iii) Adverse determination.--If the 
                        Secretary determines that the alien does not 
                        meet the requirements under paragraph (1), the 
                        Secretary shall notify the alien of such 
                        determination.
                    ``(C) DACA recipients.--The Secretary may adopt 
                streamlined procedures for applicants for adjustment to 
                lawful permanent resident status under this section who 
                were granted Deferred Action for Childhood Arrivals 
                pursuant to the Secretary's memorandum of June 15, 
                2012.
            ``(3) Treatment for purposes of naturalization.--
                    ``(A) In general.--An alien granted lawful 
                permanent resident status under this section shall be 
                considered, for purposes of title III--
                            ``(i) to have been lawfully admitted for 
                        permanent residence; and
                            ``(ii) to have been in the United States as 
                        an alien lawfully admitted to the United States 
                        for permanent residence during the period the 
                        alien was a registered provisional immigrant.
                    ``(B) Limitation on application for 
                naturalization.--An alien may not apply for 
                naturalization while the alien is in registered 
                provisional immigrant status, except for an alien 
                described in paragraph (1)(A)(ii) pursuant to section 
                328 or 329.''.
    (c) Exemption From Numerical Limitations.--Section 201(b)(1) (8 
U.S.C. 1151(b)(1)) is amended--
            (1) by redesignating subparagraph (E) as subparagraph (F); 
        and
            (2) by inserting after subparagraph (D) the following:
            ``(E) Aliens whose status is adjusted to permanent resident 
        status under section 245C or 245D.''.
    (d) Restoration of State Option To Determine Residency for Purposes 
of Higher Education.--
            (1) Repeal.--Section 505 of the Illegal Immigration Reform 
        and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is 
        repealed.
            (2) Effective date.--The repeal under paragraph (1) shall 
        take effect as if included in the original enactment of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (division C of Public Law 104-208).
    (e) Naturalization.--Section 328(a) (8 U.S.C. 1439(a)) is amended 
by inserting ``, without having been lawfully admitted to the United 
States for permanent resident, and'' after ``naturalized''.
    (f) Limitation on Federal Student Assistance.--Notwithstanding any 
other provision of law, aliens granted registered provisional immigrant 
status and who initially entered the United States before reaching 16 
years of age and aliens granted blue card status shall be eligible only 
for the following assistance under title IV of the Higher Education Act 
of 1965 (20 U.S.C. 1070 et seq.):
            (1) Student loans under parts D and E of such title IV (20 
        U.S.C. 1087a et seq. and 1087aa et seq.), subject to the 
        requirements of such parts.
            (2) Federal work-study programs under part C of such title 
        IV (42 U.S.C. 2751 et seq.), subject to the requirements of 
        such part.
            (3) Services under such title IV (20 U.S.C. 1070 et seq.), 
        subject to the requirements for such services.

SEC. 2104. ADDITIONAL REQUIREMENTS.

    (a) In General.--Chapter 5 of title II (8 U.S.C. 1255 et seq.) is 
amended by inserting after section 245C, as added by section 2102 of 
this title, the following:

``SEC. 245E. ADDITIONAL REQUIREMENTS RELATING TO REGISTERED PROVISIONAL 
              IMMIGRANTS AND OTHERS.

    ``(a) Disclosures.--
            ``(1) Prohibited disclosures.--Except as otherwise provided 
        in this subsection, no officer or employee of any Federal 
        agency may--
                    ``(A) use the information furnished in an 
                application for lawful status under section 245B, 245C, 
                or 245D for any purpose other than to make a 
                determination on any application by the alien for any 
                immigration benefit or protection;
                    ``(B) make any publication through which 
                information furnished by any particular applicant can 
                be identified; or
                    ``(C) permit anyone other than the sworn officers, 
                employees, and contractors of such agency or of another 
                entity approved by the Secretary to examine any 
                individual application for lawful status under section 
                245B, 245C, or 245D.
            ``(2) Required disclosures.--The Secretary shall provide 
        the information furnished in an application filed under section 
        245B, 245C, or 245D and any other information derived from such 
        furnished information to--
                    ``(A) a law enforcement agency, intelligence 
                agency, national security agency, a component of the 
                Department of Homeland Security, court, or grand jury, 
                consistent with law, in connection with--
                            ``(i) a criminal investigation or 
                        prosecution of any felony not related to the 
                        applicant's immigration status; or
                            ``(ii) a national security investigation or 
                        prosecution; and
                    ``(B) an official coroner for purposes of 
                affirmatively identifying a deceased individual, 
                whether or not the death of such individual resulted 
                from a crime.
            ``(3) Auditing and evaluation of information.--The 
        Secretary may--
                    ``(A) audit and evaluate information furnished as 
                part of any application filed under section 245B, 245C, 
                or 245D for purposes of identifying immigration fraud 
                or fraud schemes; and
                    ``(B) use any evidence detected by means of audits 
                and evaluations for purposes of investigating, 
                prosecuting, referring for prosecution, or denying or 
                terminating immigration benefits.
    ``(b) Employer Protections.--
            ``(1) Use of employment records.--Copies of employment 
        records or other evidence of employment provided by an alien or 
        by an alien's employer in support of an alien's application for 
        registered provisional immigrant status under section 245B may 
        not be used in a civil or criminal prosecution or investigation 
        of that employer under section 274A or the Internal Revenue 
        Code of 1986 for the prior unlawful employment of that alien 
        regardless of the adjudication of such application or 
        reconsideration by the Secretary of such alien's prima facie 
        eligibility determination. Employers that provide unauthorized 
        aliens with copies of employment records or other evidence of 
        employment pursuant to an application for registered 
        provisional immigrant status shall not be subject to civil and 
        criminal liability pursuant to section 274A for employing such 
        unauthorized aliens.
            ``(2) Limit on applicability.--The protections for 
        employers and aliens under paragraph (1) shall not apply if the 
        aliens or employers submit employment records that are deemed 
        to be fraudulent.
    ``(c) Administrative Review.--
            ``(1) Exclusive administrative review.--Administrative 
        review of a determination respecting an application for status 
        under section 245B, 245C, 245D, or 245F or section 2211 of the 
        Agricultural Worker Program Act of 2013 shall be conducted 
        solely in accordance with this subsection.
            ``(2) Administrative appellate review.--
                    ``(A) Establishment of administrative appellate 
                authority.--The Secretary shall establish or designate 
                an appellate authority to provide for a single level of 
                administrative appellate review of a determination with 
                respect to applications for, or revocation of, status 
                under sections 245B, 245C, and 245D.
                    ``(B) Single appeal for each administrative 
                decision.--
                            ``(i) In general.--An alien in the United 
                        States whose application for status under 
                        section 245B, 245C, or 245D has been denied or 
                        revoked may file with the Secretary not more 
                        than 1 appeal of each decision to deny or 
                        revoke such status.
                            ``(ii) Notice of appeal.--A notice of 
                        appeal filed under this subparagraph shall be 
                        filed not later than 90 days after the date of 
                        service of the decision of denial or 
                        revocation, unless the delay was reasonably 
                        justifiable.
                    ``(C) Review by secretary.--Nothing in this 
                paragraph may be construed to limit the authority of 
                the Secretary to certify appeals for review and final 
                administrative decision.
                    ``(D) Denial of petitions for dependents.--Appeals 
                of a decision to deny or revoke a petition filed by a 
                registered provisional immigrant pursuant to 
                regulations promulgated under section 245B to classify 
                a spouse or child of such alien as a registered 
                provisional immigrant shall be subject to the 
                administrative appellate authority described in 
                subparagraph (A).
                    ``(E) Stay of removal.--Aliens seeking 
                administrative review shall not be removed from the 
                United States until a final decision is rendered 
                establishing ineligibility for status under section 
                245B, 245C, or 245D.
            ``(3) Record for review.--Administrative appellate review 
        under paragraph (2) shall be de novo and based solely upon--
                    ``(A) the administrative record established at the 
                time of the determination on the application; and
                    ``(B) any additional newly discovered or previously 
                unavailable evidence.
            ``(4) Unlawful presence.--During the period in which an 
        alien may request administrative review under this subsection, 
        and during the period that any such review is pending, the 
        alien shall not be considered `unlawfully present in the United 
        States' for purposes of section 212(a)(9)(B).
    ``(d) Privacy and Civil Liberties.--
            ``(1) In general.--The Secretary, in accordance with 
        subsection (a)(1), shall require appropriate administrative and 
        physical safeguards to protect the security, confidentiality, 
        and integrity of personally identifiable information collected, 
        maintained, and disseminated pursuant to sections 245B, 245C, 
        and 245D.
            ``(2) Assessments.--Notwithstanding the privacy 
        requirements set forth in section 222 of the Homeland Security 
        Act (6 U.S.C. 142) and the E-Government Act of 2002 (Public Law 
        107-347), the Secretary shall conduct a privacy impact 
        assessment and a civil liberties impact assessment of the 
        legalization program established under sections 245B, 245C, and 
        245D during the pendency of the interim final regulations 
        required to be issued under section 2110 of the Border 
        Security, Economic Opportunity, and Immigration Modernization 
        Act.''.
    (b) Judicial Review.--Section 242 (8 U.S.C. 1252) is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (B), by inserting ``the 
                exercise of discretion arising under'' after ``no court 
                shall have jurisdiction to review'';
                    (B) in subparagraph (D), by striking ``raised upon 
                a petition for review filed with an appropriate court 
                of appeals in accordance with this section'';
            (2) in subsection (b)(2), by inserting ``or, in the case of 
        a decision rendered under section 245E(c), in the judicial 
        circuit in which the petitioner resides'' after 
        ``proceedings''; and
            (3) by adding at the end the following:
    ``(h) Judicial Review of Eligibility Determinations Relating to 
Status Under Chapter 5.--
            ``(1) Direct review.--If an alien's application under 
        section 245B, 245C, 245D, or 245F or section 2211 of the 
        Agricultural Worker Program Act of 2013 is denied, or is 
        revoked after the exhaustion of administrative appellate review 
        under section 245E(c), the alien may seek review of such 
        decision, in accordance with chapter 7 of title 5, United 
        States Code, before the United States district court for the 
        district in which the person resides.
            ``(2) Status during review.--While a review described in 
        paragraph (1) is pending--
                    ``(A) the alien shall not be deemed to accrue 
                unlawful presence for purposes of section 212(a)(9);
                    ``(B) any unexpired grant of voluntary departure 
                under section 240B shall be tolled; and
                    ``(C) the court shall have the discretion to stay 
                the execution of any order of exclusion, deportation, 
                or removal.
            ``(3) Review after removal proceedings.--An alien may seek 
        judicial review of a denial or revocation of approval of the 
        alien's application under section 245B, 245C, or 245D in the 
        appropriate United States court of appeal in conjunction with 
        the judicial review of an order of removal, deportation, or 
        exclusion if the validity of the denial has not been upheld in 
        a prior judicial proceeding under paragraph (1).
            ``(4) Standard for judicial review.--
                    ``(A) Basis.--Judicial review of a denial, or 
                revocation of an approval, of an application under 
                section 245B, 245C, or 245D shall be based upon the 
                administrative record established at the time of the 
                review.
                    ``(B) Authority to remand.--The reviewing court may 
                remand a case under this subsection to the Secretary 
                for consideration of additional evidence if the court 
                finds that--
                            ``(i) the additional evidence is material; 
                        and
                            ``(ii) there were reasonable grounds for 
                        failure to adduce the additional evidence 
                        before the Secretary.
                    ``(C) Scope of review.--Notwithstanding any other 
                provision of law, judicial review of all questions 
                arising from a denial, or revocation of an approval, of 
                an application under section 245B, 245C, or 245D shall 
                be governed by the standard of review set forth in 
                section 706 of title 5, United States Code.
            ``(5) Remedial powers.--
                    ``(A) Jurisdiction.--Notwithstanding any other 
                provision of law, the United States district courts 
                shall have jurisdiction over any cause or claim arising 
                from a pattern or practice of the Secretary in the 
                operation or implementation of the Border Security, 
                Economic Opportunity, and Immigration Modernization 
                Act, or the amendments made by such Act, that is 
                arbitrary, capricious, or otherwise contrary to law.
                    ``(B) Scope of relief.--The United States district 
                courts may order any appropriate relief in a clause or 
                claim described in subparagraph (A) without regard to 
                exhaustion, ripeness, or other standing requirements 
                (other than constitutionally-mandated requirements), if 
                the court determines that--
                            ``(i) the resolution of such cause or claim 
                        will serve judicial and administrative 
                        efficiency; or
                            ``(ii) a remedy would otherwise not be 
                        reasonably available or practicable.
            ``(6) Challenges to the validity of the system.--
                    ``(A) In general.--Except as provided in paragraph 
                (5), any claim that section 245B, 245C, 245D, or 245E 
                or any regulation, written policy, or written 
                directive, issued or unwritten policy or practice 
                initiated by or under the authority of the Secretary to 
                implement such sections, violates the Constitution of 
                the United States or is otherwise in violation of law 
                is available exclusively in an action instituted in 
                United States District Court in accordance with the 
                procedures prescribed in this paragraph.
                    ``(B) Savings provision.--Except as provided in 
                subparagraph (C), nothing in subparagraph (A) may be 
                construed to preclude an applicant under 245B, 245C, or 
                245D from asserting that an action taken or a decision 
                made by the Secretary with respect to the applicant's 
                status was contrary to law.
                    ``(C) Class actions.--Any claim described in 
                subparagraph (A) that is brought as a class action 
                shall be brought in conformity with--
                            ``(i) the Class Action Fairness Act of 2005 
                        (Public Law 109-2); and
                            ``(ii) the Federal Rules of Civil 
                        Procedure.
                    ``(D) Preclusive effect.--The final disposition of 
                any claim brought under subparagraph (A) shall be 
                preclusive of any such claim asserted by the same 
                individual in a subsequent proceeding under this 
                subsection.
                    ``(E) Exhaustion and stay of proceedings.--
                            ``(i) In general.--No claim brought under 
                        this paragraph shall require the plaintiff to 
                        exhaust administrative remedies under section 
                        245E(c).
                            ``(ii) Stay authorized.--Nothing in this 
                        paragraph may be construed to prevent the court 
                        from staying proceedings under this paragraph 
                        to permit the Secretary to evaluate an 
                        allegation of an unwritten policy or practice 
                        or to take corrective action. In determining 
                        whether to issue such a stay, the court shall 
                        take into account any harm the stay may cause 
                        to the claimant.''.
    (c) Rule of Construction.--Section 244(h) of the Immigration and 
Nationality Act (8 U.S.C. 1254a(h)) shall not limit the authority of 
the Secretary to adjust the status of an alien under section 245C or 
245D of the Immigration and Nationality Act, as added by this subtitle.
    (d) Effect of Failure To Register on Eligibility for Immigration 
Benefits.--Failure to comply with section 264.1(f) of title 8, Code of 
Federal Regulations or with removal orders or voluntary departure 
agreements based on such section for acts committed before the date of 
the enactment of this Act shall not affect the eligibility of an alien 
to apply for a benefit under the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.).
    (e) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 245A the following:

``Sec. 245B. Adjustment of status of eligible entrants before December 
                            31, 2011, to that of registered provisional 
                            immigrant.
``Sec. 245C. Adjustment of status of registered provisional immigrants.
``Sec. 245D. Adjustment of status for certain aliens who entered the 
                            United States as children.
``Sec. 245E. Additional requirements relating to registered provisional 
                            immigrants and others.''.

SEC. 2105. CRIMINAL PENALTY.

    (a) In General.--Chapter 69 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1430. Improper use of information relating to registered 
              provisional immigrant applications
    ``Any person who knowingly uses, publishes, or permits information 
described in section 245E(a) of the Immigration and Nationality Act to 
be examined in violation of such section shall be fined not more than 
$10,000.''.
    (b) Deposit of Fines.--All criminal penalties collected under 
section 1430 of title 18, United States Code, as added by subsection 
(a), shall be deposited into the Comprehensive Immigration Reform Trust 
Fund established under section 6(a)(1).
    (c) Clerical Amendment.--The table of sections in chapter 69 of 
title 18, United States Code, is amended by adding at the end the 
following:

``1430. Improper use of information relating to registered provisional 
                            immigrant applications.''.

SEC. 2106. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.

    (a) Establishment.--The Secretary may establish, within U.S. 
Citizenship and Immigration Services, a program to award grants, on a 
competitive basis, to eligible nonprofit organizations that will use 
the funding to assist eligible applicants under section 245B, 245C, 
245D, or 245F of the Immigration and Nationality Act or section 2211 of 
this Act by providing them with the services described in subsection 
(c).
    (b) Eligible Nonprofit Organization.--The term ``eligible nonprofit 
organization'' means a nonprofit, tax-exempt organization, including a 
community, faith-based or other immigrant-serving organization, whose 
staff has demonstrated qualifications, experience, and expertise in 
providing quality services to immigrants, refugees, persons granted 
asylum, or persons applying for such statuses.
    (c) Use of Funds.--Grant funds awarded under this section may be 
used for the design and implementation of programs that provide--
            (1) information to the public regarding the eligibility and 
        benefits of registered provisional immigrant status authorized 
        under section 245B of the Immigration and Nationality Act and 
        blue card status authorized under section 2211, particularly to 
        individuals potentially eligible for such status;
            (2) assistance, within the scope of authorized practice of 
        immigration law, to individuals submitting applications for 
        registered provisional immigrant status or blue card status, 
        including--
                    (A) screening prospective applicants to assess 
                their eligibility for such status;
                    (B) completing applications and petitions, 
                including providing assistance in obtaining the 
                requisite documents and supporting evidence;
                    (C) applying for any waivers for which applicants 
                and qualifying family members may be eligible; and
                    (D) providing any other assistance that the 
                Secretary or grantees consider useful or necessary to 
                apply for registered provisional immigrant status or 
                blue card status;
            (3) assistance, within the scope of authorized practice of 
        immigration law, to individuals seeking to adjust their status 
        to that of an alien admitted for permanent residence under 
        section 245C or 245F of the Immigration and Nationality Act; 
        and
            (4) assistance, within the scope of authorized practice of 
        immigration law, and instruction, to individuals--
                    (A) on the rights and responsibilities of United 
                States citizenship;
                    (B) in civics and civics-based English as a second 
                language; and
                    (C) in applying for United States citizenship.
    (d) Source of Grant Funds.--
            (1) Application fees.--The Secretary may use up to 
        $50,000,000 from the Comprehensive Immigration Reform Trust 
        Fund established under section 6(a)(1) to carry out this 
        section.
            (2) Authorization of appropriations.--
                    (A) Amounts authorized.--In addition to the amounts 
                made available under paragraph (1), there are 
                authorized to be appropriated such sums as may be 
                necessary for each of the fiscal years 2014 through 
                2018 to carry out this section.
                    (B) Availability.--Any amounts appropriated 
                pursuant to subparagraph (A) shall remain available 
                until expended.

SEC. 2107. CONFORMING AMENDMENTS TO THE SOCIAL SECURITY ACT.

    (a) Correction of Social Security Records.--
            (1) In general.--Section 208(e)(1) of the Social Security 
        Act (42 U.S.C. 408(e)(1)) is amended--
                    (A) in subparagraph (B)(ii), by striking ``or'' at 
                the end;
                    (B) in subparagraph (C), by striking the comma at 
                the end and inserting a semicolon;
                    (C) by inserting after subparagraph (C) the 
                following:
                    ``(D) who is granted status as a registered 
                provisional immigrant under section 245B or 245D of the 
                Immigration and Nationality Act; or
                    ``(E) whose status is adjusted to that of lawful 
                permanent resident under section 245C of the 
                Immigration and Nationality Act,''; and
                    (D) in the undesignated matter at the end, by 
                inserting ``, or in the case of an alien described in 
                subparagraph (D) or (E), if such conduct is alleged to 
                have occurred before the date on which the alien 
                submitted an application under section 245B of such Act 
                for classification as a registered provisional 
                immigrant'' before the period at the end.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the first day of the tenth month that 
        begins after the date of the enactment of this Act.
    (b) State Discretion Regarding Termination of Parental Rights.--
            (1) In general.--A compelling reason for a State not to 
        file (or to join in the filing of) a petition to terminate 
        parental rights under section 475(5)(E) of the Social Security 
        Act (42 U.S.C. 675(5)(E)) shall include--
                    (A) the removal of the parent from the United 
                States, unless the parent is unfit or unwilling to be a 
                parent of the child; or
                    (B) the involvement of the parent in (including 
                detention pursuant to) an immigration proceeding, 
                unless the parent is unfit or unwilling to be a parent 
                of the child.
            (2) Conditions.--Before a State may file to terminate the 
        parental rights under such section 475(5)(E), the State (or the 
        county or other political subdivision of the State, as 
        applicable) shall make reasonable efforts--
                    (A) to identify, locate, and contact (including, if 
                appropriate, through the diplomatic or consular offices 
                of the country to which the parent was removed or in 
                which a parent or relative resides)--
                            (i) any parent of the child who is in 
                        immigration detention;
                            (ii) any parent of the child who has been 
                        removed from the United States; and
                            (iii) if possible, any potential adult 
                        relative of the child (as described in section 
                        471(a)(29));
                    (B) to notify such parent or relative of the intent 
                of the State (or the county or other political 
                subdivision of the State, as applicable) to file (or to 
                join in the filing of) a petition referred to in 
                paragraph (1); or
                    (C) to reunify the child with any such parent or 
                relative; and
                    (D) to provide and document appropriate services to 
                the parent or relative.
            (3) Conforming amendment.--Section 475(5)(E)(ii) of the 
        Social Security Act (42 U.S.C. 675(5)(E)) is amended by 
        inserting ``, including the reason set forth in section 
        2107(b)(1) of the Border Security, Economic Opportunity, and 
        Immigration Modernization Act'' after ``child''.
    (c) Children Separated From Parents and Caregivers.--
            (1) State plan for foster care and adoption assistance.--
        Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is 
        amended--
                    (A) by amending paragraph (19) to read as follows:
            ``(19) provides that the State shall give preference to an 
        adult relative over a nonrelated caregiver when determining a 
        placement for a child if--
                    ``(A) the relative caregiver meets all relevant 
                State child protection standards; and
                    ``(B) the standards referred to in subparagraph (A) 
                ensure that the immigration status alone of a parent, 
                legal guardian, or relative shall not disqualify the 
                parent, legal guardian, or relative from being a 
                placement for a child;''; and
                    (B) in paragraph (32), by striking ``and'' at the 
                end;
                    (C) in paragraph (33), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(34) provides that the State shall--
                    ``(A) ensure that the case manager for a separated 
                child is capable of communicating in the native 
                language of such child and of the family of such child, 
                or an interpreter who is so capable is provided to 
                communicate with such child and the family of such 
                child at no cost to the child or to the family of such 
                child;
                    ``(B) coordinate with the Department of Homeland 
                Security to ensure that parents who wish for their 
                child to accompany them to their country of origin are 
                given adequate time and assistance to obtain a passport 
                and visa, and to collect all relevant vital documents, 
                such as birth certificate, health, and educational 
                records and other information;
                    ``(C) coordinate with State agencies regarding 
                alternate documentation requirements for a criminal 
                records check or a fingerprint-based check for a 
                caregiver that does not have Federal or State-issued 
                identification;
                    ``(D) preserve, to the greatest extent practicable, 
                the privacy and confidentiality of all information 
                gathered in the course of administering the care, 
                custody, and placement of, and follow up services 
                provided to, a separated child, consistent with the 
                best interest of such child, by not disclosing such 
                information to other government agencies or persons 
                (other than a parent, legal guardian, or relative 
                caregiver or such child), except that the head of the 
                State agency (or the county or other political 
                subdivision of the State, as applicable) may disclose 
                such information, after placing a written record of the 
                disclosure in the file of the child--
                            ``(i) to a consular official for the 
                        purpose of reunification of a child with a 
                        parent, legal guardian, or relative caregiver 
                        who has been removed or is involved in an 
                        immigration proceeding, unless the child has 
                        refused contact with, or the sharing of 
                        personal or identifying information with, the 
                        government of his or her country of origin;
                            ``(ii) when authorized to do so by the 
                        child (if the child has attained 18 years of 
                        age) if the disclosure is consistent with the 
                        best interest of the child; or
                            ``(iii) to a law enforcement agency if the 
                        disclosure would prevent imminent and serious 
                        harm to another individual; and
                    ``(E) not less frequently than annually, compile, 
                update, and publish a list of entities in the State 
                that are qualified to provide legal representation 
                services for a separated child, in a language such that 
                a child can read and understand.''.
            (2) Additional information to be included in case plan.--
        Section 475 of such Act (42 U.S.C. 675) is amended--
                    (A) in paragraph (1), by adding at the end the 
                following:
                    ``(H) In the case of a separated child with respect 
                to whom the State plan requires the State to provide 
                services under section 471(a)(34)--
                            ``(i) the location of the parent or legal 
                        guardian described in paragraph (9)(A) from 
                        whom the child has been separated; and
                            ``(ii) a written record of each disclosure 
                        to a government agency or person (other than 
                        such a parent, legal guardian, or relative) of 
                        information gathered in the course of tracking 
                        the care, custody, and placement of, and 
                        follow-up services provided to, the child.''; 
                        and
                    (B) by adding at the end the following:
            ``(9) The term `separated child' means an individual who--
                    ``(A) has a parent or legal guardian who has been--
                            ``(i) detained by a Federal, State, or 
                        local law enforcement agency in the enforcement 
                        of an immigration law; or
                            ``(ii) removed from the United States as a 
                        result of a violation of such a law; and
                    ``(B) is in foster care under the responsibility of 
                a State.''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on the 1st day of the 1st calendar quarter 
        that begins after the 1-year period that begins on the date of 
        the enactment of this Act.
    (d) Preclusion of Social Security Credits for Periods Without Work 
Authorization.--
            (1) Insured status.--Section 214 of the Social Security Act 
        (42 U.S.C. 414) is amended by adding at the end the following 
        new subsection:
    ``(d) Insured Status.--
            ``(1) In general.--Subject to paragraphs (2) and (3), for 
        purposes of subsections (a) and (b), no quarter of coverage 
        shall be credited for any calendar year--
                    ``(A) beginning after December 31, 2003, and before 
                January 1, 2014, with respect to an individual who has 
                been granted registered provisional immigrant status 
                pursuant to section 245B of the Immigration and 
                Nationality Act; or
                    ``(B) beginning after December 31, 2003, and before 
                January 1, 2014, in which an individual earned such 
                quarter of coverage while present under an expired 
                nonimmigrant visa,
        unless the Commissioner of Social Security determines, on the 
        basis of information provided to the Commissioner by the 
        individual, that the individual was authorized to be employed 
        in the United States during such quarter.
            ``(2) Exception.--Paragraph (1) shall not apply to an 
        individual who was assigned a social security account number 
        before January 1, 2004.
            ``(3) Attestation of work authorization.--
                    ``(A) In general.--For purposes of paragraph (1), 
                if an individual is unable to obtain or produce 
                sufficient evidence or documentation that the 
                individual was authorized to be employed in the United 
                States during a quarter, the individual may submit an 
                attestation to the Commissioner of Social Security that 
                the individual was authorized to be employed in the 
                United States during such quarter and that sufficient 
                evidence or documentation of such authorization cannot 
                be obtained by the individual.
                    ``(B) Penalty.--Any individual who knowingly 
                submits a false attestation described in subparagraph 
                (A) shall be subject to the penalties under section 
                1041 of title 18, United States Code.''.
            (2) Benefit computation.--Section 215(e) of the Social 
        Security Act (42 U.S.C. 415(e)) is amended--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) in computing the average indexed monthly earnings of 
        an individual, there shall not be counted any wages or self-
        employment income for any year for which no quarter of coverage 
        may be credited to such individual as a result of the 
        application of section 214(d).''.
            (3) Conforming amendment.--Section 223(c)(1) of the Social 
        Security Act (42 U.S.C. 423(c)(1)) is amended in the flush 
        matter at the end by inserting ``the individual does not 
        satisfy the criterion specified in section 214(d) or'' after 
        ``part of any period if''.
            (4) Effective date.--The amendments made by this subsection 
        shall apply to benefit applications filed on or after the date 
        that is 180 days after the date of the enactment of this Act 
        based on the wages or self-employment income of an individual 
        with respect to whom a primary insurance amount has not been 
        determined under title II of the Social Security Act (42 U.S.C. 
        401 et seq.) before such date.

SEC. 2108. GOVERNMENT CONTRACTING AND ACQUISITION OF REAL PROPERTY 
              INTEREST.

    (a) Exemption From Government Contracting and Hiring Rules.--
            (1) In general.--A determination by a Federal agency to use 
        a procurement competition exemption under section 253(c) of 
        title 41, United States Code, or to use the authority granted 
        in paragraph (2), for the purpose of implementing this title 
        and the amendments made by this title is not subject to 
        challenge by protest to the Government Accountability Office 
        under sections 3551 and 3556 of title 31, United States Code, 
        or to the Court of Federal Claims, under section 1491 of title 
        28, United States Code. An agency shall immediately advise the 
        Congress of the exercise of the authority granted under this 
        paragraph.
            (2) Government contracting exemption.--The competition 
        requirement under section 253(a) of title 41, United States 
        Code, may be waived or modified by a Federal agency for any 
        procurement conducted to implement this title or the amendments 
        made by this title if the senior procurement executive for the 
        agency conducting the procurement--
                    (A) determines that the waiver or modification is 
                necessary; and
                    (B) submits an explanation for such determination 
                to the Committee on Homeland Security and Governmental 
                Affairs of the Senate and the Committee on Homeland 
                Security of the House of Representatives.
            (3) Hiring rules exemption.--Notwithstanding any other 
        provision of law, the Secretary is authorized to make term, 
        temporary limited, and part-time appointments of employees who 
        will implement this title and the amendments made by this title 
        without regard to the number of such employees, their ratio to 
        permanent full-time employees, and the duration of their 
        employment. Nothing in chapter 71 of title 5, United States 
        Code, shall affect the authority of any Department management 
        official to hire term, temporary limited or part-time employees 
        under this paragraph.
    (b) Authority To Waive Annuity Limitations.--Section 824(g)(2)(B) 
of the Foreign Service Act of 1980 (22 U.S.C. 4064(g)(2)(B)) is amended 
by striking ``2009'' and inserting ``2017''.
    (c) Authority To Acquire Leaseholds.--Notwithstanding any other 
provision of law, the Secretary may acquire a leasehold interest in 
real property, and may provide in a lease entered into under this 
subsection for the construction or modification of any facility on the 
leased property, if the Secretary determines that the acquisition of 
such interest, and such construction or modification, are necessary in 
order to facilitate the implementation of this title and the amendments 
made by this title.

SEC. 2109. LONG-TERM LEGAL RESIDENTS OF THE COMMONWEALTH OF THE 
              NORTHERN MARIANA ISLANDS.

    Section (6)(e) of the Joint Resolution entitled ``A Joint 
Resolution to approve the `Covenant to Establish a Commonwealth of the 
Northern Mariana Islands in Political Union with the United States of 
America', and for other purposes'', approved March 24, 1976 (48 U.S.C. 
1806(e)), as added by section 702 of the Consolidated Natural Resources 
Act of 2008 (Public Law 110-229; 122 Stat. 854), is amended by adding 
at the end the following:
            ``(6) Special provision regarding long-term residents of 
        the commonwealth.--
                    ``(A) CNMI-only resident status.--Notwithstanding 
                paragraph (1), an alien described in subparagraph (B) 
                may, upon the application of the alien, be admitted as 
                an immigrant to the Commonwealth subject to the 
                following rules:
                            ``(i) The alien shall be treated as an 
                        immigrant lawfully admitted for permanent 
                        residence in the Commonwealth only, including 
                        permitting entry to and exit from the 
                        Commonwealth, until the earlier of the date on 
                        which--
                                    ``(I) the alien ceases to 
                                permanently reside in the Commonwealth; 
                                or
                                    ``(II) the alien's status is 
                                adjusted under this paragraph or 
                                section 245 of the Immigration and 
                                Nationality Act (8 U.S.C. 1255) to that 
                                of an alien lawfully admitted for 
                                permanent residence in accordance with 
                                all applicable eligibility 
                                requirements.
                            ``(ii) The Secretary of Homeland Security 
                        shall establish a process for such aliens to 
                        apply for CNMI-only permanent resident status 
                        during the 90-day period beginning on the first 
                        day of the sixth month after the date of the 
                        enactment of this paragraph.
                            ``(iii) Nothing in this subparagraph may be 
                        construed to provide any alien granted status 
                        under this subparagraph with public assistance 
                        to which the alien is not otherwise entitled.
                    ``(B) Aliens described.--An alien is described in 
                this subparagraph if the alien--
                            ``(i) is lawfully present in the 
                        Commonwealth under the immigration laws of the 
                        United States;
                            ``(ii) is otherwise admissible to the 
                        United States under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.);
                            ``(iii) resided continuously and lawfully 
                        in the Commonwealth from November 28, 2009, 
                        through the date of the enactment of this 
                        paragraph;
                            ``(iv) is not a citizen of the Republic of 
                        the Marshall Islands, the Federated States of 
                        Micronesia, or the Republic of Palau; and
                            ``(v)(I) was born in the Northern Mariana 
                        Islands between January 1, 1974 and January 9, 
                        1978;
                            ``(II) was, on May 8, 2008, and continues 
                        to be as of the date of the enactment of this 
                        paragraph, a permanent resident (as defined in 
                        section 4303 of title 3 of the Northern Mariana 
                        Islands Commonwealth Code, in effect on May 8, 
                        2008);
                            ``(III) is the spouse or child (as defined 
                        in section 101(b)(1) of the Immigration and 
                        Nationality Act (8 U.S.C. 1101(b)(1))), of an 
                        alien described in subclauses (I) or (II);
                            ``(IV) was, on May 8, 2008, an immediate 
                        relative (as defined in section 4303 of title 3 
                        of the Northern Mariana Islands Commonwealth 
                        Code, in effect on May 8, 2008, of a United 
                        States citizen, notwithstanding the age of the 
                        United States citizen, and continues to be such 
                        an immediate relative on the date of the 
                        application described in subparagraph (A);
                            ``(V) resided in the Northern Mariana 
                        Islands as a guest worker under Commonwealth 
                        immigration law for at least 5 years before May 
                        8, 2008 and is presently resident under CW-1 
                        status; or
                            ``(VI) is the spouse or child (as defined 
                        in section 101(b)(1) of the Immigration and 
                        Nationality Act (8 U.S.C. 1101(b)(1))), of the 
                        alien guest worker described in subclause (V) 
                        and is presently resident under CW-2 status.
                    ``(C) Adjustment for long term and permanent 
                residents.--Beginning on the date that is 5 years after 
                the date of the enactment of the Border Security, 
                Economic Opportunity, and Immigration Modernization 
                Act, an alien described in subparagraph (B) may apply 
                to receive an immigrant visa or to adjust his or her 
                status to that of an alien lawfully admitted for 
                permanent residence.''.

SEC. 2110. RULEMAKING.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary, the Attorney General, and the 
Secretary of State separately shall issue interim final regulations to 
implement this subtitle and the amendments made by this subtitle, which 
shall take effect immediately upon publication in the Federal Register.
    (b) Application Procedures; Processing Fees; Documentation.--The 
interim final regulations issued under subsection (a) shall include--
            (1) the procedures by which an alien, and the dependent 
        spouse and children of such alien may apply for status under 
        section 245B of the Immigration and Nationality Act, as added 
        by section 2101 of this Act, as a registered provisional 
        immigrant or a registered provisional immigrant dependent, as 
        applicable, including the evidence required to demonstrate 
        eligibility for such status or to be included in each 
        application for such status;
            (2) the criteria to be used by the Secretary to determine--
                    (A) the maximum processing fee payable under 
                sections 245B(c)(10)(B) and 245C(c)(5)(A) of such Act 
                by a family, including spouses and unmarried children 
                younger than 21 years of age; and
                    (B) which individuals will be exempt from such 
                fees;
            (3) the documentation required to be submitted by the 
        applicant to demonstrate compliance with section 245C(b)(3) of 
        such Act; and
            (4) the procedures for a registered provisional immigrant 
        to apply for adjustment of status under section 245C or 245D of 
        such Act, including the evidence required to be submitted with 
        such application to demonstrate the applicant's eligibility for 
        such adjustment.
    (c) Exemption From National Environmental Policy Act.--Any decision 
by the Secretary concerning any rulemaking action, plan, or program 
described in this section shall not be considered to be a major Federal 
action subject to review under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).

SEC. 2111. STATUTORY CONSTRUCTION.

    Except as specifically provided, nothing in this subtitle, or any 
amendment made by this subtitle, may be construed to create any 
substantive or procedural right or benefit that is legally enforceable 
by any party against the United States or its agencies or officers or 
any other person.

                Subtitle B--Agricultural Worker Program

SEC. 2201. SHORT TITLE.

    This subtitle may be cited as the ``Agricultural Worker Program Act 
of 2013''.

SEC. 2202. DEFINITIONS.

    In this subtitle:
            (1) Blue card status.--The term ``blue card status'' means 
        the status of an alien who has been lawfully admitted into the 
        United States for temporary residence under section 2211.
            (2) Agricultural employment.--The term ``agricultural 
        employment'' has the meaning given such term in section 3 of 
        the Migrant and Seasonal Agricultural Worker Protection Act (29 
        U.S.C. 1802), without regard to whether the specific service or 
        activity is temporary or seasonal.
            (3) Child.--The term ``child'' has the meaning given the 
        term in section 101(b)(1) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(b)(1)).
            (4) Employer.--The term ``employer'' means any person or 
        entity, including any farm labor contractor and any 
        agricultural association, that employs workers in agricultural 
        employment.
            (5) Qualified designated entity.--The term ``qualified 
        designated entity'' means--
                    (A) a qualified farm labor organization or an 
                association of employers designated by the Secretary; 
                or
                    (B) any other entity that the Secretary designates 
                as having substantial experience, demonstrated 
                competence, and a history of long-term involvement in 
                the preparation and submission of application for 
                adjustment of status under title II of the Immigration 
                and Nationality Act (8 U.S.C. 1151 et seq.).
            (6) Work day.--The term ``work day'' means any day in which 
        the individual is employed 5.75 or more hours in agricultural 
        employment.

CHAPTER 1--PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS

                     Subchapter A--Blue Card Status

SEC. 2211. REQUIREMENTS FOR BLUE CARD STATUS.

    (a) Requirements for Blue Card Status.--Notwithstanding any other 
provision of law, the Secretary, after conducting the national security 
and law enforcement clearances required under section 245B(c)(4), may 
grant blue card status to an alien who--
            (1)(A) performed agricultural employment in the United 
        States for not fewer than 575 hours or 100 work days during the 
        2-year period ending on December 31, 2012; or
            (B) is the spouse or child of an alien described in 
        subparagraph (A) and was physically present in the United 
        States on or before December 31, 2012, and has maintained 
        continuous presence in the United States from that date until 
        the date on which the alien is granted blue card status, with 
        the exception of absences from the United States that are 
        brief, casual, and innocent, whether or not such absences were 
        authorized by the Secretary;
            (2) submits a completed application before the end of the 
        period set forth in subsection (b)(2); and
            (3) is not ineligible under paragraph (3) or (4) of section 
        245B(b) of the Immigration and Nationality Act (other than a 
        nonimmigrant alien admitted to the United States for 
        agricultural employment described in section 
        101(a)(15)(H)(ii)(a) of such Act.
    (b) Application.--
            (1) In general.--An alien who meets the eligibility 
        requirements set forth in subsection (a)(1), may apply for blue 
        card status and that alien's spouse or child may apply for blue 
        card status as a dependent, by submitting a completed 
        application form to the Secretary during the application period 
        set forth in paragraph (2) in accordance with the final rule 
        promulgated by the Secretary pursuant to subsection (e).
            (2) Submission.--The Secretary shall provide that the alien 
        shall be able to submit an application under paragraph (1)--
                    (A) if the applicant is represented by an attorney 
                or a nonprofit religious, charitable, social service, 
                or similar organization recognized by the Board of 
                Immigration Appeals under section 292.2 of title 8, 
                Code of Federal Regulations; or
                    (B) to a qualified entity if the applicant consents 
                to the forwarding of the application to the Secretary.
            (3) Application period.--
                    (A) Initial period.--Except as provided in 
                subparagraph (B), the Secretary may only accept 
                applications for blue card status for a 1-year period 
                from aliens in the United States beginning on the date 
                on which the final rule is published in the Federal 
                Register pursuant to subsection (f), except that 
                qualified nonimmigrants who have participated in the H-
                2A Program may apply from outside of the United States.
                    (B) Extension.--If the Secretary determines, during 
                the initial period described in subparagraph (A), that 
                additional time is required to process applications for 
                blue card status or for other good cause, the Secretary 
                may extend the period for accepting applications for an 
                additional 18 months.
            (4) Application form.--
                    (A) Required information.--The application form 
                referred to in paragraph (1) shall collect such 
                information as the Secretary determines necessary and 
                appropriate.
                    (B) Family application.--The Secretary shall 
                establish a process through which an alien may submit a 
                single application under this section on behalf of the 
                alien, his or her spouse, and his or her children, who 
                are residing in the United States.
                    (C) Interview.--The Secretary may interview 
                applicants for blue card status to determine whether 
                they meet the eligibility requirements set forth in 
                subsection (a)(1).
            (5) Aliens apprehended before or during the application 
        period.--If an alien, who is apprehended during the period 
        beginning on the date of the enactment of this Act and ending 
        on the application period described in paragraph (3), appears 
        prima facie eligible for blue card status, the Secretary--
                    (A) shall provide the alien with a reasonable 
                opportunity to file an application under this section 
                during such application period; and
                    (B) may not remove the individual until a final 
                administrative determination is made on the 
                application.
            (6) Suspension of removal during application period.--
                    (A) Protection from detention or removal.--An alien 
                granted blue card status may not be detained by the 
                Secretary or removed from the United States unless--
                            (i) such alien is, or has become, 
                        ineligible for blue card status; or
                            (ii) the alien's blue card status has been 
                        revoked.
                    (B) Aliens in removal proceedings.--Notwithstanding 
                any other provision of the Immigration and Nationality 
                Act (8 U.S.C. 1101 et seq.)--
                            (i) if the Secretary determines that an 
                        alien, during the period beginning on the date 
                        of the enactment of this section and ending on 
                        the last day of the application period 
                        described in paragraph (2), is in removal, 
                        deportation, or exclusion proceedings before 
                        the Executive Office for Immigration Review and 
                        is prima facie eligible for blue card status 
                        under this section--
                                    (I) the Secretary shall provide the 
                                alien with the opportunity to file an 
                                application for such status; and
                                    (II) upon motion by the Secretary 
                                and with the consent of the alien or 
                                upon motion by the alien, the Executive 
                                Office for Immigration Review shall--
                                            (aa) terminate such 
                                        proceedings without prejudice 
                                        to future proceedings on any 
                                        basis; and
                                            (bb) provide the alien a 
                                        reasonable opportunity to apply 
                                        for such status; and
                            (ii) if the Executive Office for 
                        Immigration Review determines that an alien, 
                        during the application period described in 
                        paragraph (2), is in removal, deportation, or 
                        exclusion proceedings before the Executive 
                        Office for Immigration Review and is prima 
                        facie eligible for blue card status under this 
                        section--
                                    (I) the Executive Office of 
                                Immigration Review shall notify the 
                                Secretary of such determination; and
                                    (II) if the Secretary does not 
                                dispute the determination of prima 
                                facie eligibility within 7 days after 
                                such notification, the Executive Office 
                                for Immigration Review, upon consent of 
                                the alien, shall--
                                            (aa) terminate such 
                                        proceedings without prejudice 
                                        to future proceedings on any 
                                        basis; and
                                            (bb) permit the alien a 
                                        reasonable opportunity to apply 
                                        for such status.
                    (C) Treatment of certain aliens.--
                            (i) In general.--If an alien who meets the 
                        eligibility requirements set forth in 
                        subsection (a) is present in the United States 
                        and has been ordered excluded, deported, or 
                        removed, or ordered to depart voluntarily from 
                        the United States under any provision of this 
                        Act--
                                    (I) notwithstanding such order or 
                                section 241(a)(5) of the Immigration 
                                and Nationality Act (8 U.S.C. 
                                1231(a)(5)), the alien may apply for 
                                blue card status under this section; 
                                and
                                    (II) if the alien is granted such 
                                status, the alien shall file a motion 
                                to reopen the exclusion, deportation, 
                                removal, or voluntary departure order, 
                                which motion shall be granted unless 1 
                                or more of the grounds of ineligibility 
                                is established by clear and convincing 
                                evidence.
                            (ii) Limitations on motions to reopen.--The 
                        limitations on motions to reopen set forth in 
                        section 240(c)(7) of the Immigration and 
                        Nationality Act (8 U.S.C. 1229a(c)(7)) shall 
                        not apply to motions filed under clause 
                        (i)(II).
                    (D) Period pending adjudication of application.--
                            (i) In general.--During the period 
                        beginning on the date on which an alien applies 
                        for blue card status under this subsection and 
                        the date on which the Secretary makes a final 
                        decision regarding such application, the 
                        alien--
                                    (I) may receive advance parole to 
                                reenter the United States if urgent 
                                humanitarian circumstances compel such 
                                travel;
                                    (II) may not be detained by the 
                                Secretary or removed from the United 
                                States unless the Secretary makes a 
                                prima facie determination that such 
                                alien is, or has become, ineligible for 
                                blue card status;
                                    (III) shall not be considered 
                                unlawfully present for purposes of 
                                section 212(a)(9)(B) of the Immigration 
                                and Nationality Act (8 U.S.C. 
                                1182(a)(9)(B)); and
                                    (IV) shall not be considered an 
                                unauthorized alien (as defined in 
                                section 274A(h)(3) of the Immigration 
                                and Nationality Act (8 U.S.C. 
                                1324a(h)(3))).
                            (ii) Evidence of application filing.--As 
                        soon as practicable after receiving each 
                        application for blue card status, the Secretary 
                        shall provide the applicant with a document 
                        acknowledging the receipt of such application.
                            (iii) Continuing employment.--An employer 
                        who knows an alien employee is an applicant for 
                        blue card status or will apply for such status 
                        once the application period commences is not in 
                        violation of section 274A(a)(2) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1324a(a)(2)) if the employer continues to 
                        employ the alien pending the adjudication of 
                        the alien employee's application.
                            (iv) Effect of departure.--Section 101(g) 
                        of the Immigration and Nationality Act (8 
                        U.S.C. 1101(g)) shall not apply to an alien 
                        granted--
                                    (I) advance parole under clause 
                                (i)(I) to reenter the United States; or
                                    (II) blue card status.
            (7) Security and law enforcement clearances.--
                    (A) Biometric and biographic data.--The Secretary 
                may not grant blue card status to an alien or an alien 
                dependent spouse or child under this section unless 
                such alien submits biometric and biographic data in 
                accordance with procedures established by the 
                Secretary.
                    (B) Alternative procedures.--The Secretary shall 
                provide an alternative procedure for applicants who 
                cannot provide the standard biometric data required 
                under subparagraph (A) because of a physical 
                impairment.
                    (C) Clearances.--
                            (i) Data collection.--The Secretary shall 
                        collect, from each alien applying for status 
                        under this section, biometric, biographic, and 
                        other data that the Secretary determines to be 
                        appropriate--
                                    (I) to conduct national security 
                                and law enforcement clearances; and
                                    (II) to determine whether there are 
                                any national security or law 
                                enforcement factors that would render 
                                an alien ineligible for such status.
                            (ii) Prerequisite.--The required clearances 
                        described in clause (i)(I) shall be completed 
                        before the alien may be granted blue card 
                        status.
            (8) Duration of status.--After the date that is 8 years 
        after the date regulations are published under this section, no 
        alien may remain in blue card status.
            (9) Fees and penalties.--
                    (A) Standard processing fee.--
                            (i) In general.--Aliens who are 16 years of 
                        age or older and are applying for blue card 
                        status under paragraph (2), or for an extension 
                        of such status, shall pay a processing fee to 
                        the Department in an amount determined by the 
                        Secretary.
                            (ii) Recovery of costs.--The processing fee 
                        authorized under clause (i) shall be set at a 
                        level that is sufficient to recover the full 
                        costs of processing the application, including 
                        any costs incurred--
                                    (I) to adjudicate the application;
                                    (II) to take and process 
                                biometrics;
                                    (III) to perform national security 
                                and criminal checks, including 
                                adjudication;
                                    (IV) to prevent and investigate 
                                fraud; and
                                    (V) to administer the collection of 
                                such fee.
                            (iii) Authority to limit fees.--The 
                        Secretary, by regulation, may--
                                    (I) limit the maximum processing 
                                fee payable under this subparagraph by 
                                a family, including spouses and 
                                unmarried children younger than 21 
                                years of age; and
                                    (II) exempt defined classes of 
                                individuals from the payment of the fee 
                                authorized under clause (i).
                    (B) Deposit and use of processing fees.--Fees 
                collected pursuant to subparagraph (A)(i)--
                            (i) shall be deposited into the Immigration 
                        Examinations Fee Account pursuant to section 
                        286(m); and
                            (ii) shall remain available until expended 
                        pursuant to section 286(n).
                    (C) Penalty.--
                            (i) Payment.--In addition to the processing 
                        fee required under subparagraph (A), aliens who 
                        are 21 years of age or older and are applying 
                        for blue card status under paragraph (2) shall 
                        pay a $100 penalty to the Department.
                            (ii) Deposit.--Penalties collected pursuant 
                        to clause (i) shall be deposited into the 
                        Comprehensive Immigration Reform Trust Fund 
                        established under section 6(a)(1).
            (10) Adjudication.--
                    (A) Failure to submit sufficient evidence.--The 
                Secretary shall deny an application submitted by an 
                alien who fails to submit--
                            (i) requested initial evidence, including 
                        requested biometric data; or
                            (ii) any requested additional evidence by 
                        the date required by the Secretary.
                    (B) Amended application.--An alien whose 
                application for blue card status is denied under 
                subparagraph (A) may file an amended application for 
                such status to the Secretary if the amended 
                application--
                            (i) is filed within the application period 
                        described in paragraph (3); and
                            (ii) contains all the required information 
                        and fees that were missing from the initial 
                        application.
            (11) Evidence of blue card status.--
                    (A) In general.--The Secretary shall issue 
                documentary evidence of blue card status to each alien 
                whose application for such status has been approved.
                    (B) Documentation features.--Documentary evidence 
                provided under subparagraph (A)--
                            (i) shall be machine-readable and tamper-
                        resistant, and shall contain a digitized 
                        photograph;
                            (ii) shall, during the alien's authorized 
                        period of admission, and any extension of such 
                        authorized admission, serve as a valid travel 
                        and entry document for the purpose of applying 
                        for admission to the United States;
                            (iii) may be accepted during the period of 
                        its validity by an employer as evidence of 
                        employment authorization and identity under 
                        section 274A(b)(1)(B) of the Immigration and 
                        Nationality Act (8 U.S.C. 1324a(b)(1)(B)); and
                            (iv) shall include such other features and 
                        information as the Secretary may prescribe.
    (c) Terms and Conditions of Blue Card Status.--
            (1) Conditions of blue card status.--
                    (A) Employment.--Notwithstanding any other 
                provision of law, including section 241(a)(7) of the 
                Immigration and Nationality Act (8 U.S.C. 1231(a)(7)), 
                an alien with blue card status shall be authorized to 
                be employed in the United States while in such status.
                    (B) Travel outside the united states.--An alien 
                with blue card status may travel outside of the United 
                States and may be admitted, if otherwise admissible, 
                upon returning to the United States without having to 
                obtain a visa if--
                            (i) the alien is in possession of--
                                    (I) valid, unexpired documentary 
                                evidence of blue card status that 
                                complies with subsection (b)(11); or
                                    (II) a travel document that has 
                                been approved by the Secretary and was 
                                issued to the alien after the alien's 
                                original documentary evidence was lost, 
                                stolen, or destroyed;
                            (ii) the alien's absence from the United 
                        States did not exceed 180 days, unless the 
                        alien's failure to timely return was due to 
                        extenuating circumstances beyond the alien's 
                        control; and
                            (iii) the alien establishes that the alien 
                        is not inadmissible under subparagraph (A)(i), 
                        (A)(iii), (B), or (C) of section 212(a)(3) of 
                        the Immigration and Nationality Act (8 U.S.C. 
                        1182(a)(3)).
                    (C) Admission.--An alien granted blue card status 
                shall be considered to have been admitted in such 
                status as of the date on which the alien's application 
                was filed.
                    (D) Clarification of status.--An alien granted blue 
                card status--
                            (i) is lawfully admitted to the United 
                        States; and
                            (ii) may not be classified as a 
                        nonimmigrant or as an alien who has been 
                        lawfully admitted for permanent residence.
            (2) Revocation.--
                    (A) In general.--The Secretary may revoke blue card 
                status at any time after providing appropriate notice 
                to the alien, and after the exhaustion or waiver of all 
                applicable administrative review procedures under 
                section 245E(c) of the Immigration and Nationality Act, 
                as added by section 2104(a) of this Act, if the alien--
                            (i) no longer meets the eligibility 
                        requirements for blue card status;
                            (ii) knowingly used documentation issued 
                        under this section for an unlawful or 
                        fraudulent purpose; or
                            (iii) was absent from the United States 
                        for--
                                    (I) any single period longer than 
                                180 days in violation of the 
                                requirement under paragraph (1)(B)(ii); 
                                or
                                    (II) for more than 180 days in the 
                                aggregate during any calendar year, 
                                unless the alien's failure to timely 
                                return was due to extenuating 
                                circumstances beyond the alien's 
                                control.
                    (B) Additional evidence.--
                            (i) In general.--In determining whether to 
                        revoke an alien's status under subparagraph 
                        (A), the Secretary may require the alien--
                                    (I) to submit additional evidence; 
                                or
                                    (II) to appear for an interview.
                            (ii) Effect of noncompliance.--The status 
                        of an alien who fails to comply with any 
                        requirement imposed by the Secretary under 
                        clause (i) shall be revoked unless the alien 
                        demonstrates to the Secretary's satisfaction 
                        that such failure was reasonably excusable.
                    (C) Invalidation of documentation.--If an alien's 
                blue card status is revoked under subparagraph (A), any 
                documentation issued by the Secretary to such alien 
                under subsection (b)(11) shall automatically be 
                rendered invalid for any purpose except for departure 
                from the United States.
            (3) Ineligibility for public benefits.--An alien who has 
        been granted blue card status is not eligible for any Federal 
        means-tested public benefit (as such term is defined and 
        implemented in section 403 of the Personal Responsibility and 
        Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)).
            (4) Treatment of blue card status.--A noncitizen granted 
        blue card status shall be considered lawfully present in the 
        United States for all purposes while such noncitizen remains in 
        such status, except that the noncitizen--
                    (A) is not entitled to the premium assistance tax 
                credit authorized under section 36B of the Internal 
                Revenue Code of 1986 for his or her coverage;
                    (B) shall be subject to the rules applicable to 
                individuals who are not lawfully present set forth in 
                subsection (e) of such section;
                    (C) shall be subject to the rules applicable to 
                individuals who are not lawfully present set forth in 
                section 1402(e) of the Patient Protection and 
                Affordable Care Act (42 U.S.C. 18071(e)); and
                    (D) shall be subject to the rules applicable to 
                individuals not lawfully present set forth in section 
                5000A(d)(3) of the Internal Revenue Code of 1986.
            (5) Adjustment to registered provisional immigrant 
        status.--The Secretary may adjust the status of an alien who 
        has been granted blue card status to the status of a registered 
        provisional immigrant under section 245B of the Immigration and 
        Nationality Act if the Secretary determines that the alien is 
        unable to fulfill the agricultural service requirement set 
        forth in section 245F(a)(1) of such Act.
    (d) Record of Employment.--
            (1) In general.--Each employer of an alien granted blue 
        card status shall annually provide--
                    (A) a written record of employment to the alien; 
                and
                    (B) a copy of such record to the Secretary of 
                Agriculture.
            (2) Civil penalties.--
                    (A) In general.--If the Secretary finds, after 
                notice and an opportunity for a hearing, that an 
                employer of an alien granted blue card status has 
                knowingly failed to provide the record of employment 
                required under paragraph (1) or has provided a false 
                statement of material fact in such a record, the 
                employer shall be subject to a civil penalty in an 
                amount not to exceed $500 per violation.
                    (B) Limitation.--The penalty under subparagraph (A) 
                for failure to provide employment records shall not 
                apply unless the alien has provided the employer with 
                evidence of employment authorization provided under 
                subsection (c).
                    (C) Deposit of civil penalties.--Civil penalties 
                collected under this paragraph shall be deposited in 
                the Comprehensive Immigration Reform Trust Fund 
                established under section 6(a)(1).
            (3) Termination of obligation.--The obligation under 
        paragraph (1) shall terminate on the date that is 8 years after 
        the date of the enactment of this Act.
            (4) Employer protections.--
                    (A) Use of employment records.--Copies of 
                employment records or other evidence of employment 
                provided by an alien or by an alien's employer in 
                support of an alien's application for blue card status 
                may not be used in a civil or criminal prosecution or 
                investigation of that employer under section 274A of 
                the Immigration and Nationality Act (8 U.S.C. 1324a) or 
                the Internal Revenue Code of 1986 for the prior 
                unlawful employment of that alien regardless of the 
                adjudication of such application or reconsideration by 
                the Secretary of such alien's prima facie eligibility 
                determination. Employers that provide unauthorized 
                aliens with copies of employment records or other 
                evidence of employment pursuant to an application for 
                blue card status shall not be subject to civil and 
                criminal liability pursuant to such section 274A for 
                employing such unauthorized aliens.
                    (B) Limit on applicability.--The protections for 
                employers and aliens under subparagraph (A) shall not 
                apply if the aliens or employers submit employment 
                records that are deemed to be fraudulent.
    (e) Rulemaking.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary, in consultation with the 
Secretary of Agriculture, shall issue final regulations to implement 
this chapter.

SEC. 2212. ADJUSTMENT TO PERMANENT RESIDENT STATUS.

    (a) In General.--Chapter 5 of title II (8 U.S.C. 1255 et seq.) is 
amended by inserting after section 245E, as added by section 2104 of 
this Act, the following:

``SEC. 245F. ADJUSTMENT TO PERMANENT RESIDENT STATUS FOR AGRICULTURAL 
              WORKERS.

    ``(a) In General.--Except as provided in subsection (b), and not 
earlier than 5 years after the date of the enactment of the Border 
Security, Economic Opportunity, and Immigration Modernization Act, the 
Secretary shall adjust the status of an alien granted blue card status 
to that of an alien lawfully admitted for permanent residence if the 
Secretary determines that the following requirements are satisfied:
            ``(1) Qualifying employment.--Except as provided in 
        paragraph (3), the alien--
                    ``(A) during the 8-year period beginning on the 
                date of the enactment of the Border Security, Economic 
                Opportunity, and Immigration Modernization Act, 
                performed not less than 100 work days of agricultural 
                employment during each of 5 years; or
                    ``(B) during the 5-year period beginning on such 
                date of enactment, performed not less than 150 work 
                days of agricultural employment during each of 3 years.
            ``(2) Evidence.--An alien may demonstrate compliance with 
        the requirement under paragraph (1) by submitting--
                    ``(A) the record of employment described in section 
                2211(d) of the Border Security, Economic Opportunity, 
                and Immigration Modernization Act;
                    ``(B) documentation that may be submitted under 
                subsection (e)(4); or
                    ``(C) any other documentation designated by the 
                Secretary for such purpose.
            ``(3) Extraordinary circumstances.--
                    ``(A) In general.--In determining whether an alien 
                has met the requirement under paragraph (1), the 
                Secretary may credit the alien with not more than 12 
                additional months of agricultural employment in the 
                United States to meet such requirement if the alien was 
                unable to work in agricultural employment due to--
                            ``(i) pregnancy, disabling injury, or 
                        disease that the alien can establish through 
                        medical records;
                            ``(ii) illness, disease, or other special 
                        needs of a child that the alien can establish 
                        through medical records;
                            ``(iii) severe weather conditions that 
                        prevented the alien from engaging in 
                        agricultural employment for a significant 
                        period of time; or
                            ``(iv) termination from agricultural 
                        employment, if the Secretary determines that--
                                    ``(I) the termination was without 
                                just cause; and
                                    ``(II) the alien was unable to find 
                                alternative agricultural employment 
                                after a reasonable job search.
                    ``(B) Effect of determination.--A determination 
                under subparagraph (A)(iv), with respect to an alien, 
                shall not be conclusive, binding, or admissible in a 
                separate or subsequent judicial or administrative 
                action or proceeding between the alien and a current or 
                prior employer of the alien or any other party.
            ``(4) Application period.--The alien applies for adjustment 
        of status before the alien's blue card status expires.
            ``(5) Fine.--The alien pays a fine of $400 to the 
        Secretary, which shall be deposited into the Comprehensive 
        Immigration Reform Trust Fund established under section 6(a)(1) 
        of the Border Security, Economic Opportunity, and Immigration 
        Modernization Act.
    ``(b) Grounds for Denial of Adjustment of Status.--
            ``(1) In general.--The Secretary may not adjust the status 
        of an alien granted blue card status if the alien--
                    ``(A) is no longer eligible for blue card status; 
                or
                    ``(B) failed to perform the qualifying employment 
                requirement under subsection (a)(1), considering any 
                amount credited by the Secretary under subsection 
                (a)(3).
            ``(2) Maintenance of waivers of inadmissibility.--The 
        grounds of inadmissibility set forth in section 212(a) that 
        were previously waived for the alien or made inapplicable shall 
        not apply for purposes of the alien's adjustment of status 
        under this section.
            ``(3) Pending revocation proceedings.--If the Secretary has 
        notified the applicant that the Secretary intends to revoke the 
        applicant's blue card status, the Secretary may not approve an 
        application for adjustment of status under this section unless 
        the Secretary makes a final determination not to revoke the 
        applicant's status.
            ``(4) Payment of taxes.--
                    ``(A) In general.--An applicant may not file an 
                application for adjustment of status under this section 
                unless the applicant has satisfied any applicable 
                Federal tax liability.
                    ``(B) Definition of applicable federal tax 
                liability.--In this paragraph, the term `applicable 
                federal tax liability' means all Federal income taxes 
                assessed in accordance with section 6203 of the 
                Internal Revenue Code of 1986 since the date on which 
                the applicant was authorized to work in the United 
                States in blue card status.
                    ``(C) Compliance.--The applicant may demonstrate 
                compliance with subparagraph (A) by submitting such 
                documentation as the Secretary, in consultation with 
                the Secretary of the Treasury, may require by 
                regulation.
    ``(c) Spouses and Children.--Notwithstanding any other provision of 
law, the Secretary shall grant permanent resident status to the spouse 
or child of an alien whose status was adjusted under subsection (a) 
if--
            ``(1) the spouse or child (including any individual who was 
        a child on the date such alien was granted blue card status) 
        applies for such status;
            ``(2) the principal alien includes the spouse and children 
        in an application for adjustment of status to that of a lawful 
        permanent resident; and
            ``(3) the spouse or child is not ineligible for such status 
        under section 245B.
    ``(d) Numerical Limitations Do Not Apply.--The numerical 
limitations under sections 201 and 202 shall not apply to the 
adjustment of aliens to lawful permanent resident status under this 
section.
    ``(e) Submission of Applications.--
            ``(1) Interview.--The Secretary may interview applicants 
        for adjustment of status under this section to determine 
        whether they meet the eligibility requirements set forth in 
        this section.
            ``(2) Fees.--
                    ``(A) In general.--Applicants for adjustment of 
                status under this section shall pay a processing fee to 
                the Secretary in an amount that will ensure the 
                recovery of the full costs of adjudicating such 
                applications, including--
                            ``(i) the cost of taking and processing 
                        biometrics;
                            ``(ii) expenses relating to prevention and 
                        investigation of fraud; and
                            ``(iii) costs relating to the 
                        administration of the fees collected.
                    ``(B) Authority to limit fees.--The Secretary, by 
                regulation--
                            ``(i) may limit the maximum processing fee 
                        payable under this paragraph by a family, 
                        including spouses and unmarried children 
                        younger than 21 years of age; and
                            ``(ii) may exempt individuals described in 
                        section 245B(c)(10) and other defined classes 
                        of individuals from the payment of the fee 
                        under subparagraph (A).
            ``(3) Disposition of fees.--All fees collected under 
        paragraph (2)(A)--
                    ``(A) shall be deposited into the Immigration 
                Examinations Fee Account pursuant to section 286(m); 
                and
                    ``(B) shall remain available until expended 
                pursuant to section 286(n).
            ``(4) Documentation of work history.--
                    ``(A) Burden of proof.--An alien applying for blue 
                card status under section 2211 of the Border Security, 
                Economic Opportunity, and Immigration Modernization Act 
                or for adjustment of status under subsection (a) shall 
                provide evidence that the alien has worked the 
                requisite number of hours or days required under 
                subsection (a)(1) of such section 2211 or subsection 
                (a)(3) of this section, as applicable.
                    ``(B) Timely production of records.--If an employer 
                or farm labor contractor employing such an alien has 
                kept proper and adequate records respecting such 
                employment, the alien's burden of proof under 
                subparagraph (A) may be met by securing timely 
                production of those records under regulations to be 
                promulgated by the Secretary.
                    ``(C) Sufficient evidence.--An alien may meet the 
                burden of proof under subparagraph (A) to establish 
                that the alien has performed the days or hours of work 
                referred to in subparagraph (A) by producing sufficient 
                evidence to show the extent of that employment as a 
                matter of just and reasonable inference.
    ``(f) Penalties for False Statements in Applications.--
            ``(1) Criminal penalty.--Any person who--
                    ``(A) files an application for blue card status 
                under section 2211 of the Border Security, Economic 
                Opportunity, and Immigration Modernization Act or an 
                adjustment of status under this section and knowingly 
                and willfully falsifies, conceals, or covers up a 
                material fact or makes any false, fictitious, or 
                fraudulent statements or representations, or makes or 
                uses any false writing or document knowing the same to 
                contain any false, fictitious, or fraudulent statement 
                or entry; or
                    ``(B) creates or supplies a false writing or 
                document for use in making such an application,
        shall be fined in accordance with title 18, United States Code, 
        imprisoned not more than 5 years, or both.
            ``(2) Inadmissibility.--An alien who is convicted of a 
        crime under paragraph (1) shall be deemed inadmissible to the 
        United States on the ground described in section 
        212(a)(6)(C)(i).
            ``(3) Deposit.--Fines collected under paragraph (1) shall 
        be deposited into the Comprehensive Immigration Reform Trust 
        Fund established under section 6(a)(1) of the Border Security, 
        Economic Opportunity, and Immigration Modernization Act.
    ``(g) Eligibility for Legal Services.--Section 504(a)(11) of the 
Departments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-
55) may not be construed to prevent a recipient of funds under the 
Legal Services Corporation Act (42 U.S.C. 2996 et seq.) from providing 
legal assistance directly related to an application for blue card 
status under section 2211 of the Border Security, Economic Opportunity, 
and Immigration Modernization Act, to an individual who has been 
granted blue card status, or for an application for an adjustment of 
status under this section.
    ``(h) Administrative and Judicial Review.--Aliens applying for blue 
card status under section 2211 of the Border Security, Economic 
Opportunity, and Immigration Modernization Act or adjustment to 
permanent resident status under this section shall be entitled to the 
rights and subject to the conditions applicable to other classes of 
aliens under sections 242(h) and 245E.
    ``(i) Applicability of Other Provisions.--The provisions set forth 
in section 245E which are applicable to aliens described in section 
245B, 245C, and 245D shall apply to aliens applying for blue card 
status under section 2211 of the Border Security, Economic Opportunity, 
and Immigration Modernization Act or adjustment to permanent resident 
status under this section.
    ``(j) Limitation on Blue Card Status.--An alien granted blue card 
status under section 2211 of the Border Security, Economic Opportunity, 
and Immigration Modernization Act may only adjust status to an alien 
lawfully admitted for permanent residence under this section, section 
245C of this Act, or section 2302 of the Border Security, Economic 
Opportunity, and Immigration Modernization Act.
    ``(k) Definitions.--In this section:
            ``(1) Blue card status.--The term `blue card status' means 
        the status of an alien who has been lawfully admitted into the 
        United States for temporary residence under section 2211 of the 
        Border Security, Economic Opportunity, and Immigration 
        Modernization Act.
            ``(2) Agricultural employment.--The term `agricultural 
        employment' has the meaning given such term in section 3 of the 
        Migrant and Seasonal Agricultural Worker Protection Act (29 
        U.S.C. 1802), without regard to whether the specific service or 
        activity is temporary or seasonal.
            ``(3) Employer.--The term `employer' means any person or 
        entity, including any farm labor contractor and any 
        agricultural association, that employs workers in agricultural 
        employment.
            ``(4) Work day.--The term `work day' means any day in which 
        the individual is employed 5.75 or more hours in agricultural 
        employment.''.
    (b) Conforming Amendment.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)), 
as amended by section 2103(c), is further amended by adding at the end 
the following:
                    ``(G) Aliens granted lawful permanent resident 
                status under section 245F.''.
    (c) Clerical Amendment.--The table of contents, as amended by 
section 2104(e), is further amended by inserting after the item 
relating to section 245E the following:

``Sec. 245F. Adjustment to permanent resident status for agricultural 
                            workers.''.

SEC. 2213. USE OF INFORMATION.

    Beginning not later than the first day of the application period 
described in section 2211(b)(3), the Secretary, in cooperation with 
qualified designated entities, shall broadly disseminate information 
respecting the benefits that aliens may receive under this subchapter 
and the requirements that an alien is required to meet to receive such 
benefits.

SEC. 2214. REPORTS ON BLUE CARDS.

    Not later than September 30, 2013, and annually thereafter for the 
next 8 years, the Secretary shall submit a report to Congress that 
identifies, for the previous fiscal year--
            (1) the number of aliens who applied for blue card status;
            (2) the number of aliens who were granted blue card status;
            (3) the number of aliens who applied for an adjustment of 
        status pursuant to section 245F(a) of the Immigration and 
        Nationality Act, as added by section 2212; and
            (4) the number of aliens who received an adjustment of 
        status pursuant such section 245F(a).

SEC. 2215. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary such sums 
as may be necessary to implement this subchapter, including any sums 
needed for costs associated with the initiation of such implementation, 
for fiscal years 2013 and 2014.

          Subchapter B--Correction of Social Security Records

SEC. 2221. CORRECTION OF SOCIAL SECURITY RECORDS.

    (a) In General.--Section 208(e)(1) of the Social Security Act (42 
U.S.C. 408(e)(1)) is amended--
            (1) in subparagraph (B)(ii), by striking ``or'' at the end;
            (2) in subparagraph (C), by inserting ``or'' at the end;
            (3) by inserting after subparagraph (C) the following:
                    ``(D) who is granted blue card status under the 
                Agricultural Worker Program Act of 2013,''; and
            (4) by striking ``1990.'' and inserting ``1990, or in the 
        case of an alien described in subparagraph (D), if such conduct 
        is alleged to have occurred before the date on which the alien 
        was granted blue card status under section 2211(a) of the 
        Agricultural Worker Program Act of 2013.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the first day of the seventh month that begins after the 
date of the enactment of this Act.

           CHAPTER 2--NONIMMIGRANT AGRICULTURAL VISA PROGRAM

SEC. 2231. NONIMMIGRANT CLASSIFICATION FOR NONIMMIGRANT AGRICULTURAL 
              WORKERS.

    Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amended by adding at 
the end the following:
                    ``(W) an alien having a residence in a foreign 
                country who is coming to the United States for a 
                temporary period--
                            ``(iii)(I) to perform services or labor in 
                        agricultural employment and who has a written 
                        contract that specifies the wages, benefits, 
                        and working conditions of such full-time 
                        employment in an agricultural occupation with a 
                        designated agricultural employer for a 
                        specified period of time; and
                            ``(II) who meets the requirements under 
                        section 218A for a nonimmigrant visa described 
                        in this clause; or
                            ``(iv)(I) to perform services or labor in 
                        agricultural employment and who has an offer of 
                        full-time employment in an agricultural 
                        occupation from a designated agricultural 
                        employer for such employment and is not 
                        described in clause (i); and
                            ``(II) who meets the requirements under 
                        section 218A for a nonimmigrant visa described 
                        in this clause.''.

SEC. 2232. ESTABLISHMENT OF NONIMMIGRANT AGRICULTURAL WORKER PROGRAM.

    (a) In General.--Chapter 2 of title II (8 U.S.C. 1181 et seq.) is 
amended by inserting after section 218 the following:

``SEC. 218A. NONIMMIGRANT AGRICULTURAL WORKER PROGRAM.

    ``(a) Definitions.--In this section and in clauses (iii) and (iv) 
of section 101(a)(15)(W):
            ``(1) Agricultural employment.--The term `agricultural 
        employment' has the meaning given such term in section 3 of the 
        Migrant and Seasonal Agricultural Worker Protection Act (29 
        U.S.C. 1802), without regard to whether the specific service or 
        activity is temporary or seasonal.
            ``(2) At-will agricultural worker.--The term `at-will 
        agricultural worker' means an alien present in the United 
        States pursuant to section 101(a)(15)(W)(iv).
            ``(3) Blue card.--The term `blue card' means an employment 
        authorization and travel document issued to an alien granted 
        blue card status under section 2211(a) of the Agricultural 
        Worker Program Act of 2013.
            ``(4) Contract agricultural worker.--The term `contract 
        agricultural worker' means an alien present in the United 
        States pursuant to section 101(a)(15)(W)(iii).
            ``(5) Designated agricultural employer.--The term 
        `designated agricultural employer' means an employer who is 
        registered with the Secretary of Agriculture pursuant to 
        subsection (e)(1).
            ``(6) Electronic job registry.--The term `Electronic Job 
        Registry' means the Electronic Job Registry of a State 
        workforce agency (or similar successor registry).
            ``(7) Employer.--Except as otherwise provided, the term 
        `employer' means any person or entity, including any farm labor 
        contractor and any agricultural association, that employs 
        workers in agricultural employment.
            ``(8) Nonimmigrant agricultural worker.--The term 
        `nonimmigrant agricultural worker' mean a nonimmigrant 
        described in clause (iii) or (iv) of section 101(a)(15)(W).
            ``(9) Program.--The term `Program' means the Nonimmigrant 
        Agricultural Worker Program established under subsection (b).
            ``(10) Secretary.--Except as otherwise specifically 
        provided, the term `Secretary' means the Secretary of 
        Agriculture.
            ``(11) United states worker.--The term `United States 
        worker' means an individual who--
                    ``(A) is a national of the United States; or
                    ``(B) is an alien who--
                            ``(i) is lawfully admitted for permanent 
                        residence;
                            ``(ii) is admitted as a refugee under 
                        section 207;
                            ``(iii) is granted asylum under section 
                        208;
                            ``(iv) holds a blue card; or
                            ``(v) is an immigrant otherwise authorized 
                        by this Act or by the Secretary of Homeland 
                        Security to be employed in the United States.
    ``(b) Requirements.--
            ``(1) Employer.--An employer may not employ an alien for 
        agricultural employment under the Program unless such employer 
        is a designated agricultural employer and complies with the 
        terms of this section.
            ``(2) Worker.--An alien may not be employed for 
        agricultural employment under the Program unless such alien is 
        a nonimmigrant agricultural worker and complies with the terms 
        of this section.
    ``(c) Numerical Limitation.--
            ``(1) First 5 years of program.--
                    ``(A) In general.--Subject to paragraph (2), the 
                worldwide level of visas for nonimmigrant agricultural 
                workers for the fiscal year during which the first visa 
                is issued to a nonimmigrant agricultural worker and for 
                each of the following 4 fiscal years shall be equal 
                to--
                            ``(i) 112,333; and
                            ``(ii) the numerical adjustment made by the 
                        Secretary for such fiscal year in accordance 
                        with paragraph (2).
                    ``(B) Quarterly allocation.--The annual allocation 
                of visas described in subparagraph (A) shall be evenly 
                allocated between the 4 quarters of the fiscal year 
                unless the Secretary determines that an alternative 
                allocation would better accommodate the seasonal demand 
                for visas. Any unused visas in a quarter shall be added 
                to the allocation for the subsequent quarter of the 
                same fiscal year.
                    ``(C) Effect of 2nd or subsequent designated 
                agricultural employer.--A nonimmigrant agricultural 
                worker who has a valid visa issued under this section 
                that counted against the allocation described in 
                subparagraph (A) shall not be recounted against the 
                allocation if the worker is petitioned for by a 
                subsequent designated agricultural employer.
            ``(2) Annual adjustments for first 5 years of program.--
                    ``(A) In general.--The Secretary, in consultation 
                with the Secretary of Labor, and after reviewing 
                relevant evidence submitted by agricultural producers 
                and organizations representing agricultural workers, 
                may increase or decrease, as appropriate, the worldwide 
                level of visas under paragraph (1) for each of the 5 
                fiscal years referred to in paragraph (1) after 
                considering appropriate factors, including--
                            ``(i) a demonstrated shortage of 
                        agricultural workers;
                            ``(ii) the level of unemployment and 
                        underemployment of agricultural workers during 
                        the preceding fiscal year;
                            ``(iii) the number of applications for blue 
                        card status;
                            ``(iv) the number of blue card visa 
                        applications approved;
                            ``(v) the number of nonimmigrant 
                        agricultural workers sought by employers during 
                        the preceding fiscal year;
                            ``(vi) the estimated number of United 
                        States workers, including blue card workers, 
                        who worked in agriculture during the preceding 
                        fiscal year;
                            ``(vii) the number of nonimmigrant 
                        agricultural workers issued a visa in the most 
                        recent fiscal year who remain in the United 
                        States in compliance with the terms of such 
                        visa;
                            ``(viii) the number of United States 
                        workers who accepted jobs offered by employers 
                        using the Electronic Job Registry during the 
                        preceding fiscal year;
                            ``(ix) any growth or contraction of the 
                        United States agricultural industry that has 
                        increased or decreased the demand for 
                        agricultural workers; and
                            ``(x) any changes in the real wages paid to 
                        agricultural workers in the United States as an 
                        indication of a shortage or surplus of 
                        agricultural labor.
                    ``(B) Notification; implementation.--The Secretary 
                shall notify the Secretary of Homeland Security of any 
                change to the worldwide level of visas for nonimmigrant 
                agricultural workers. The Secretary of Homeland 
                Security shall implement such changes.
                    ``(C) Emergency procedures.--The Secretary shall 
                establish, by regulation, procedures for immediately 
                adjusting an annual allocation under paragraph (1) for 
                labor shortages, as determined by the Secretary. The 
                Secretary shall make a decision on a petition for an 
                adjustment of status not later than 30 days after 
                receiving such petition.
            ``(3) Sixth and subsequent years of program.--The 
        Secretary, in consultation with the Secretary of Labor, shall 
        establish the worldwide level of visas for nonimmigrant 
        agricultural workers for each fiscal year following the fiscal 
        years referred to in paragraph (1) after considering 
        appropriate factors, including--
                    ``(A) a demonstrated shortage of agricultural 
                workers;
                    ``(B) the level of unemployment and underemployment 
                of agricultural workers during the preceding fiscal 
                year;
                    ``(C) the number of applications for blue card 
                status;
                    ``(D) the number of blue card visa applications 
                approved;
                    ``(E) the number of nonimmigrant agricultural 
                workers sought by employers during the preceding fiscal 
                year;
                    ``(F) the estimated number of United States 
                workers, including blue card workers, who worked in 
                agriculture during the preceding fiscal year;
                    ``(G) the number of nonimmigrant agricultural 
                workers issued a visa in the most recent fiscal year 
                who remain in the United States in compliance with the 
                terms of such visa;
                    ``(H) the number of United States workers who 
                accepted jobs offered by employers using the Electronic 
                Job Registry during the preceding fiscal year;
                    ``(I) any growth or contraction of the United 
                States agricultural industry that has increased or 
                decreased the demand for agricultural workers; and
                    ``(J) any changes in the real wages paid to 
                agricultural workers in the United States as an 
                indication of a shortage or surplus of agricultural 
                labor.
            ``(4) Emergency procedures.--The Secretary shall establish, 
        by regulation, procedures for immediately adjusting an annual 
        allocation under paragraph (3) for labor shortages, as 
        determined by the Secretary. The Secretary shall make a 
        decision on a petition for an adjustment of status not later 
        than 30 days after receiving such petition.
    ``(d) Requirements for Nonimmigrant Agricultural Workers.--
            ``(1) Eligibility for nonimmigrant agricultural worker 
        status.--
                    ``(A) In general.--An alien is not eligible to be 
                admitted to the United States as a nonimmigrant 
                agricultural worker if the alien--
                            ``(i) violated a material term or condition 
                        of a previous admission as a nonimmigrant 
                        agricultural worker during the most recent 3-
                        year period (other than a contract agricultural 
                        worker who voluntarily abandons his or her 
                        employment before the end of the contract 
                        period or whose employment is terminated by the 
                        employer for cause);
                            ``(ii) has not obtained successful 
                        clearance of any security and criminal 
                        background checks required by the Secretary of 
                        Homeland Security or any other examination 
                        required under this Act; or
                            ``(iii)(I) departed from the United States 
                        while subject to an order of exclusion, 
                        deportation, or removal, or pursuant to an 
                        order of voluntary departure; and
                            ``(II)(aa) is outside of the United States; 
                        or
                            ``(bb) has reentered the United States 
                        illegally after December 31, 2012, without 
                        receiving consent to the alien's reapplication 
                        for admission under section 212(a)(9).
                    ``(B) Waiver.--The Secretary of Homeland Security 
                may waive the application of subparagraph (A)(iii) on 
                behalf of an alien if the alien--
                            ``(i) is the spouse or child of a United 
                        States citizen or lawful permanent resident;
                            ``(ii) is the parent of a child who is a 
                        United States citizen or lawful permanent 
                        resident;
                            ``(iii) meets the requirements set forth in 
                        clause (ii) or (iii) of section 245D(b)(1)(A); 
                        or
                            ``(iv)(I) meets the requirements set forth 
                        in section 245D(b)(1)(A)(ii);
                            ``(II) is 16 years or older on the date on 
                        which the alien applies for nonimmigrant 
                        agricultural status; and
                            ``(III) was physically present in the 
                        United States for an aggregate period of not 
                        less than 3 years during the 6-year period 
                        immediately preceding the date of the enactment 
                        of this section.
            ``(2) Term of stay for nonimmigrant agricultural workers.--
                    ``(A) In general.--
                            ``(i) Initial admission.--A nonimmigrant 
                        agricultural worker may be admitted into the 
                        United States in such status for an initial 
                        period of 3 years.
                            ``(ii) Renewal.--A nonimmigrant 
                        agricultural worker may renew such worker's 
                        period of admission in the United States for 1 
                        additional 3-year period.
                    ``(B) Break in presence.--A nonimmigrant 
                agricultural worker who has been admitted to the United 
                States for 2 consecutive periods under subparagraph (A) 
                is ineligible to renew the alien's nonimmigrant 
                agricultural worker status until such alien--
                            ``(i) returns to a residence outside the 
                        United States for a period of not less than 3 
                        months; and
                            ``(ii) seeks to reenter the United States 
                        under the terms of the Program as a 
                        nonimmigrant agricultural worker.
            ``(3) Loss of status.--
                    ``(A) In general.--An alien admitted as a 
                nonimmigrant agricultural worker shall be ineligible 
                for such status and shall be required to depart the 
                United States if such alien--
                            ``(i) after the completion of his or her 
                        contract with a designated agricultural 
                        employer, is not employed in agricultural 
                        employment by a designated agricultural 
                        employer; or
                            ``(ii) is an at-will agricultural worker 
                        and is not continuously employed by a 
                        designated agricultural employer in 
                        agricultural employment as an at-will 
                        agricultural worker.
                    ``(B) Exception.--Subject to subparagraph (C), a 
                nonimmigrant agricultural worker has not violated 
                subparagraph (A) if the nonimmigrant agricultural 
                worker is not employed in agricultural employment for a 
                period not to exceed 60 days.
                    ``(C) Waiver.--Notwithstanding subparagraph (B), 
                the Secretary of Homeland Security may waive the 
                application of clause (i) or (ii) of subparagraph (A) 
                for a nonimmigrant agricultural worker who was not 
                employed in agricultural employment for a period of 
                more than 60 days if such period of unemployment was 
                due to--
                            ``(i) the injury of such worker; or
                            ``(ii) a natural disaster declared by the 
                        Secretary.
                    ``(D) Tolling of employment requirement.--A 
                nonimmigrant agricultural worker may leave the United 
                States for up to 60 days in any fiscal year while in 
                such status. During the period in which the worker is 
                outside of the United States, the 60-day limit 
                specified in subparagraph (B) shall be tolled.
            ``(4) Portability of status.--
                    ``(A) Contract agricultural workers.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), an alien who entered the United 
                        States as a contract agricultural worker may--
                                    ``(I) seek employment as a 
                                nonimmigrant agricultural worker with a 
                                designated agricultural employer other 
                                than the designated agricultural 
                                employer with whom the employee had a 
                                contract described in section 
                                101(a)(15)(W)(iii)(I); and
                                    ``(II) accept employment with such 
                                new employer after the date the 
                                contract agricultural worker completes 
                                such contract.
                            ``(ii) Voluntary abandonment; termination 
                        for cause.--A contract agricultural worker who 
                        voluntarily abandons his or her employment 
                        before the end of the contract period or whose 
                        employment is terminated for cause by the 
                        employer--
                                    ``(I) may not accept subsequent 
                                employment with another designated 
                                agricultural employer without first 
                                departing the United States and 
                                reentering pursuant to a new offer of 
                                employment; and
                                    ``(II) is not entitled to the 75 
                                percent payment guarantee described in 
                                subsection (e)(4)(B).
                            ``(iii) Termination by mutual agreement.--
                        The termination of an employment contract by 
                        mutual agreement of the designated agricultural 
                        employer and the contract agricultural worker 
                        shall not be considered voluntary abandonment 
                        for purposes of clause (ii).
                    ``(B) At-will agricultural workers.--An alien who 
                entered the United States as an at-will agricultural 
                worker may seek employment as an at-will agricultural 
                worker with any other designated agricultural employer 
                referred to in section 101(a)(15)(W)(iv)(I).
            ``(5) Prohibition on geographic limitation.--A nonimmigrant 
        visa issued to a nonimmigrant agricultural worker--
                    ``(A) shall not limit the geographical area within 
                which such worker may be employed;
                    ``(B) shall not limit the type of agricultural 
                employment such worker may perform; and
                    ``(C) shall restrict such worker to employment with 
                designated agricultural employers.
            ``(6) Treatment of spouses and children.--A spouse or child 
        of a nonimmigrant agricultural worker--
                    ``(A) shall not be entitled to a visa or any 
                immigration status by virtue of the relationship of 
                such spouse or child to such worker; and
                    ``(B) may be provided status as a nonimmigrant 
                agricultural worker if the spouse or child is 
                independently qualified for such status.
    ``(e) Employer Requirements.--
            ``(1) Designated agricultural employer status.--
                    ``(A) Registration requirement.--Each employer 
                seeking to employ nonimmigrant agricultural workers 
                shall register for designated agricultural employer 
                status by submitting to the Secretary, through the Farm 
                Service Agency in the geographic area of the employer 
                or electronically to the Secretary, a registration that 
                includes--
                            ``(i) the employer's employer 
                        identification number; and
                            ``(ii) a registration fee, in an amount 
                        determined by the Secretary, which shall be 
                        used for the costs of administering the 
                        program.
                    ``(B) Criteria.--The Secretary shall grant 
                designated agricultural employer status to an employer 
                who submits a registration for such status that 
                includes--
                            ``(i) documentation that the employer is 
                        engaged in agriculture;
                            ``(ii) the estimated number of nonimmigrant 
                        agricultural workers the employer will need 
                        each year;
                            ``(iii) the anticipated periods during 
                        which the employer will need such workers; and
                            ``(iv) documentation establishing need for 
                        a specified agricultural occupation or 
                        occupations.
                    ``(C) Designation.--
                            ``(i) Registration number.--The Secretary 
                        shall assign each employer that meets the 
                        criteria established pursuant to subparagraph 
                        (B) with a designated agricultural employer 
                        registration number.
                            ``(ii) Term of designation.--Each employer 
                        granted designated agricultural employer status 
                        under this paragraph shall retain such status 
                        for a term of 3 years. At the end of such 3-
                        year term, the employer may renew the 
                        registration for another 3-year term if the 
                        employer meets the requirements set forth in 
                        subparagraphs (A) and (B).
                    ``(D) Assistance.--In carrying out the functions 
                described in this subsection, the Secretary may work 
                through the Farm Service Agency, or any other agency in 
                the Department of Agriculture--
                            ``(i) to assist agricultural employers with 
                        the registration process under this paragraph 
                        by providing such employers with--
                                    ``(I) technical assistance and 
                                expertise;
                                    ``(II) internet access for 
                                submitting such applications; and
                                    ``(III) a nonelectronic means for 
                                submitting such registrations; and
                            ``(ii) to provide resources about the 
                        Program, including best practices and 
                        compliance related assistance and resources or 
                        training to assist in retention of such workers 
                        to agricultural employers.
                    ``(E) Deposit of registration fee.--Fees collected 
                pursuant to subparagraph (A)(ii)--
                            ``(i) shall be deposited into the 
                        Immigration Examinations Fee Account pursuant 
                        to section 286(m); and
                            ``(ii) shall remain available until 
                        expended pursuant to section 286(n).
            ``(2) Nonimmigrant agricultural worker petition process.--
                    ``(A) In general.--Not later than 45 days before 
                the date on which nonimmigrant agricultural workers are 
                needed, a designated agricultural employer seeking to 
                employ such workers shall submit a petition to the 
                Secretary of Homeland Security that includes the 
                employer's designated agricultural employer 
                registration number.
                    ``(B) Attestation.--An petition submitted under 
                subparagraph (A) shall include an attestation of the 
                following:
                            ``(i) The number of named or unnamed 
                        nonimmigrant agricultural workers the 
                        designated agricultural employer is seeking to 
                        employ during the applicable period of 
                        employment.
                            ``(ii) The total number of contract 
                        agricultural workers and of at-will 
                        agricultural workers the employer will require 
                        for each occupational category.
                            ``(iii) The anticipated period, including 
                        expected beginning and ending dates, during 
                        which such employees will be needed.
                            ``(iv) Evidence of contracts or written 
                        disclosures of employment terms and conditions 
                        in accordance with the Migrant and Seasonal 
                        Agricultural Worker Protection Act (29 U.S.C. 
                        1801 et seq.), which have been disclosed or 
                        provided to the nonimmigrant agricultural 
                        workers, or a sample of such contract or 
                        disclosure for unnamed workers.
                            ``(v) The information submitted to the 
                        State workforce agency pursuant to paragraph 
                        (3)(A)(i).
                            ``(vi) The record of United States workers 
                        described in paragraph (3)(A)(iii) on the date 
                        of the request.
                            ``(vii) Evidence of offers of employment 
                        made to United States workers as required under 
                        paragraph (3)(B).
                            ``(viii) The employer will comply with the 
                        additional program requirements for designated 
                        agricultural employers described in paragraph 
                        (4).
                    ``(C) Employment authorization when changing 
                employers.--Nonimmigrant agricultural workers in the 
                United States who are identified in a petition 
                submitted pursuant to subparagraph (A) and are in 
                lawful status may commence employment with their 
                designated agricultural employer after such employer 
                has submitted such petition to the Secretary of 
                Homeland Security.
                    ``(D) Review.--The Secretary of Homeland Security 
                shall review each petition submitted by designated 
                agricultural employers under this paragraph for 
                completeness or obvious inaccuracies. Unless the 
                Secretary of Homeland Security determines that the 
                petition is incomplete or obviously inaccurate, the 
                Secretary shall accept the petition. The Secretary 
                shall establish a procedure for the processing of 
                petitions filed under this subsection. Not later than 7 
                working days after the date of the filing, the 
                Secretary, by electronic or other means assuring 
                expedited delivery, shall submit a copy of notice of 
                approval or denial of the petition to the petitioner 
                and, in the case of approved petitions, to the 
                appropriate immigration officer at the port of entry or 
                United States consulate, as appropriate, if the 
                petitioner has indicated that the alien beneficiary or 
                beneficiaries will apply for a visa or admission to the 
                United States.
            ``(3) Employment of united states workers.--
                    ``(A) Recruitment.--
                            ``(i) Filing a job opportunity with local 
                        office of state workforce agency.--Not later 
                        than 60 days before the date on which the 
                        employer desires to employ a nonimmigrant 
                        agricultural worker, the employer shall submit 
                        the job opportunity for such worker to the 
                        local office of the State workforce agency 
                        where the job site is located and authorize the 
                        posting of the job opportunity on the 
                        appropriate Department of Labor Electronic Job 
                        Registry for a period of 45 days.
                            ``(ii) Construction.--Nothing in clause (i) 
                        may be construed to cause a posting referred to 
                        in clause (i) to be treated as an interstate 
                        job order under section 653.500 of title 20, 
                        Code of Federal Regulations (or similar 
                        successor regulation).
                            ``(iii) Record of united states workers.--
                        An employer shall keep a record of all 
                        eligible, able, willing, and qualified United 
                        States workers who apply for agricultural 
                        employment with the employer for the 
                        agricultural employment for which the 
                        nonimmigrant agricultural nonimmigrant workers 
                        are sought.
                    ``(B) Requirement to hire.--
                            ``(i) United states workers.--An employer 
                        may not seek a nonimmigrant agricultural worker 
                        for agricultural employment unless the employer 
                        offers such employment to any equally or better 
                        qualified United States worker who will be 
                        available at the time and place of need and who 
                        applies for such employment during the 45-day 
                        recruitment period referred to in subparagraph 
                        (A)(i).
                            ``(ii) Exception.--Notwithstanding clause 
                        (i), the employer may offer the job to a 
                        nonimmigrant agricultural worker instead of an 
                        alien in blue card status if--
                                    ``(I) such worker was previously 
                                employed by the employer as an H-2A 
                                worker;
                                    ``(II) such worker worked for the 
                                employer for 3 years during the most 
                                recent 4-year period; and
                                    ``(III) the employer pays such 
                                worker the adverse effect wage rate 
                                calculated under subsection (f)(5)(B).
            ``(4) Additional program requirements for designated 
        agricultural employers.--Each designated agricultural employer 
        shall comply with the following requirements:
                    ``(A) No displacement of united states workers.--
                            ``(i) In general.--The employer shall not 
                        displace a United States worker employed by the 
                        employer, other than for good cause, during the 
                        period of employment of the nonimmigrant 
                        agricultural worker and for a period of 30 days 
                        preceding such period in the occupation and at 
                        the location of employment for which the 
                        employer seeks to employ nonimmigrant 
                        agricultural workers.
                            ``(ii) Labor dispute.--The employer shall 
                        not employ a nonimmigrant agricultural worker 
                        for a specific job for which the employer is 
                        requesting a nonimmigrant agricultural worker 
                        because the former occupant of the job is on 
                        strike or being locked out in the course of a 
                        labor dispute.
                    ``(B) Guarantee of employment for contract 
                agricultural workers.--
                            ``(i) Offer to contract worker.--The 
                        employer shall guarantee to offer contract 
                        agricultural workers employment for the hourly 
                        equivalent of at least 75 percent of the work 
                        days of the total period of employment, 
                        beginning with the first work day after the 
                        arrival of the worker at the place of 
                        employment and ending on the expiration date 
                        specified in the job offer. In this clause, the 
                        term `hourly equivalent' means the number of 
                        hours in the work days as stated in the job 
                        offer and shall exclude the worker's Sabbath 
                        and Federal holidays. If the employer affords 
                        the contract agricultural worker less 
                        employment than the number of hours required 
                        under this subparagraph, the employer shall pay 
                        such worker the amount the worker would have 
                        earned had the worker worked the guaranteed 
                        number of hours.
                            ``(ii) Failure to work.--Any hours which 
                        the worker fails to work, up to a maximum of 
                        the number of hours specified in the job offer 
                        for a work day, when the worker has been 
                        offered an opportunity to do so, and all hours 
                        of work actually performed (including voluntary 
                        work in excess of the number of hours specified 
                        in the job offer in a work day, on the worker's 
                        Sabbath, or on Federal holidays) may be counted 
                        by the employer in calculating whether the 
                        period of guaranteed employment has been met.
                            ``(iii) Contract impossibility.--If, before 
                        the expiration of the period of employment 
                        specified in the job offer, the services of a 
                        contract agricultural worker are no longer 
                        required for reasons beyond the control of the 
                        employer due to any form of natural disaster, 
                        including a flood, hurricane, freeze, 
                        earthquake, fire, drought, plant or animal 
                        disease or pest infestation, or regulatory 
                        drought, before the guarantee in clause (i) is 
                        fulfilled, the employer--
                                    ``(I) may terminate the worker's 
                                employment;
                                    ``(II) shall fulfill the employment 
                                guarantee described in clause (i) for 
                                the work days that have elapsed from 
                                the first work day after the arrival of 
                                the worker to the termination of 
                                employment;
                                    ``(III) shall make efforts to 
                                transfer the worker to other comparable 
                                employment acceptable to the worker; 
                                and
                                    ``(IV) if such a transfer does not 
                                take place, shall provide the return 
                                transportation required under 
                                subparagraph (J).
                    ``(C) Workers' compensation.--
                            ``(i) Requirement to provide.--If a job 
                        referred to in paragraph (3) is not covered by 
                        the State workers' compensation law, the 
                        employer shall provide, at no cost to the 
                        nonimmigrant agricultural worker, insurance 
                        covering injury and disease arising out of, and 
                        in the course of, such job.
                            ``(ii) Benefits.--The insurance required to 
                        be provided under clause (i) shall provide 
                        benefits at least equal to those provided under 
                        and pursuant to the State workers' compensation 
                        law for comparable employment.
                    ``(D) Prohibition for use for nonagricultural 
                services.--The employer may not employ a nonimmigrant 
                agricultural worker for employment other than 
                agricultural employment.
                    ``(E) Wages.--The employer shall pay not less than 
                the wage required under subsection (f).
                    ``(F) Deduction of wages.--The employer shall make 
                only deductions from a nonimmigrant agricultural 
                worker's wages that are authorized by law and are 
                reasonable and customary in the occupation and area of 
                employment of such worker.
                    ``(G) Requirement to provide housing or a housing 
                allowance.--
                            ``(i) In general.--Except as provided in 
                        clauses (iv) and (v), a designated agricultural 
                        employer shall offer to provide a nonimmigrant 
                        agricultural worker with housing at no cost in 
                        accordance with clause (ii) or (iii).
                            ``(ii) Housing.--An employer may provide 
                        housing to a nonimmigrant agricultural worker 
                        that meets--
                                    ``(I) applicable Federal standards 
                                for temporary labor camps; or
                                    ``(II) applicable local standards 
                                (or, in the absence of applicable local 
                                standards, State standards) for rental 
                                or public accommodation housing or 
                                other substantially similar class of 
                                habitation.
                            ``(iii) Housing payments.--
                                    ``(I) Public housing.--If the 
                                employer arranges public housing for 
                                nonimmigrant agricultural workers 
                                through a State, county, or local 
                                government program and such public 
                                housing units normally require payments 
                                from tenants, such payments shall be 
                                made by the employer directly to the 
                                landlord.
                                    ``(II) Deposits.--Deposits for 
                                bedding or other similar incidentals 
                                related to housing shall not be 
                                collected from workers by employers who 
                                provide housing for such workers.
                                    ``(III) Damages.--The employer may 
                                require any worker who is responsible 
                                for damage to housing that did not 
                                result from normal wear and tear 
                                related to habitation to reimburse the 
                                employer for the reasonable cost of 
                                repairing such damage.
                            ``(iv) Housing allowance alternative.--
                                    ``(I) In general.--The employer may 
                                provide a reasonable housing allowance 
                                instead of providing housing under 
                                clause (i). Upon the request of a 
                                worker seeking assistance in locating 
                                housing, the employer shall make a good 
                                faith effort to assist the worker in 
                                identifying and locating housing in the 
                                area of intended employment. An 
                                employer who offers a housing allowance 
                                to a worker or assists a worker in 
                                locating housing, which the worker 
                                occupies, shall not be deemed a housing 
                                provider under section 203 of the 
                                Migrant and Seasonal Agricultural 
                                Worker Protection Act (29 U.S.C. 1823) 
                                solely by virtue of providing such 
                                housing allowance. No housing allowance 
                                may be used for housing that is owned 
                                or controlled by the employer.
                                    ``(II) Certification requirement.--
                                Contract agricultural workers may only 
                                be provided a housing allowance if the 
                                Governor of the State in which the 
                                place of employment is located 
                                certifies to the Secretary that there 
                                is adequate housing available in the 
                                area of intended employment for migrant 
                                farm workers and contract agricultural 
                                workers who are seeking temporary 
                                housing while employed in agricultural 
                                work. Such certification shall expire 
                                after 3 years unless renewed by the 
                                Governor of the State.
                                    ``(III) Amount of allowance.--
                                            ``(aa) Nonmetropolitan 
                                        counties.--If the place of 
                                        employment of the workers 
                                        provided an allowance under 
                                        this clause is a 
                                        nonmetropolitan county, the 
                                        amount of the housing allowance 
                                        under this clause shall be 
                                        equal to the average fair 
                                        market rental for existing 
                                        housing in nonmetropolitan 
                                        counties in the State in which 
                                        the place of employment is 
                                        located, as established by the 
                                        Secretary of Housing and Urban 
                                        Development pursuant to section 
                                        8(c) of the United States 
                                        Housing Act of 1937 (42 U.S.C. 
                                        1437f(c)), based on a 2-bedroom 
                                        dwelling unit and an assumption 
                                        of 2 persons per bedroom.
                                            ``(bb) Metropolitan 
                                        counties.--If the place of 
                                        employment of the workers 
                                        provided an allowance under 
                                        this clause is a metropolitan 
                                        county, the amount of the 
                                        housing allowance under this 
                                        clause shall be equal to the 
                                        average fair market rental for 
                                        existing housing in 
                                        metropolitan counties in the 
                                        State in which the place of 
                                        employment is located, as 
                                        established by the Secretary of 
                                        Housing and Urban Development 
                                        pursuant to section 8(c) of the 
                                        United States Housing Act of 
                                        1937 (42 U.S.C. 1437f(c)), 
                                        based on a 2-bedroom dwelling 
                                        unit and an assumption of 2 
                                        persons per bedroom.
                            ``(v) Exception for commuting workers.--
                        Nothing in this subparagraph may be construed 
                        to require an employer to provide housing or a 
                        housing allowance to workers who reside outside 
                        of the United States if their place of 
                        residence is within normal commuting distance 
                        and the job site is within 50 miles of an 
                        international land border of the United States.
                    ``(H) Worksite transportation for contract 
                workers.--During the period a designated agricultural 
                employer employs a contract agricultural worker, such 
                employer shall, at the employer's option, provide or 
                reimburse the contract agricultural worker for the cost 
                of daily transportation from the contract worker's 
                living quarters to the contract agricultural worker's 
                place of employment.
                    ``(I) Reimbursement of transportation to the place 
                of employment.--
                            ``(i) In general.--A nonimmigrant 
                        agricultural worker shall be reimbursed by the 
                        first employer for the cost of the worker's 
                        transportation and subsistence from the place 
                        from which the worker came from to the place of 
                        first employment.
                            ``(ii) Limitation.--The amount of 
                        reimbursement provided under clause (i) to a 
                        worker shall not exceed the lesser of--
                                    ``(I) the actual cost to the worker 
                                of the transportation and subsistence 
                                involved; or
                                    ``(II) the most economical and 
                                reasonable common carrier 
                                transportation charges and subsistence 
                                costs for the distance involved.
                    ``(J) Reimbursement of transportation from place of 
                employment.--
                            ``(i) In general.--A contract agricultural 
                        worker who completes at least 27 months under 
                        his or her contract with the same designated 
                        agricultural employer shall be reimbursed by 
                        that employer for the cost of the worker's 
                        transportation and subsistence from the place 
                        of employment to the place from which the 
                        worker came from abroad to work for the 
                        employer.
                            ``(ii) Limitation.--The amount of 
                        reimbursement required under clause (i) shall 
                        not exceed the lesser of--
                                    ``(I) the actual cost to the worker 
                                of the transportation and subsistence 
                                involved; or
                                    ``(II) the most economical and 
                                reasonable common carrier 
                                transportation charges and subsistence 
                                costs for the distance involved.
    ``(f) Wages.--
            ``(1) Wage rate requirement.--
                    ``(A) In general.--A nonimmigrant agricultural 
                worker employed by a designated agricultural employer 
                shall be paid not less than the wage rate for such 
                employment set forth in paragraph (3).
                    ``(B) Workers paid on a piece rate or other 
                incentive basis.--If an employer pays by the piece rate 
                or other incentive method and requires 1 or more 
                minimum productivity standards as a condition of job 
                retention, such standards shall be specified in the job 
                offer and be no more than those which have been 
                normally required (at the time of the employee's first 
                application for designated employer status) by other 
                employers for the activity in the geographic area of 
                the job, unless the Secretary approves a higher 
                standard.
            ``(2) Job categories.--
                    ``(A) In general.--For purposes of paragraph (1), 
                each nonimmigrant agricultural worker employed by such 
                employer shall be assigned to 1 of the following 
                standard occupational classifications, as defined by 
                the Bureau of Labor Statistics:
                            ``(i) First-Line Supervisors of Farming, 
                        Fishing, and Forestry Workers (45-1011).
                            ``(ii) Animal Breeders (45-2021).
                            ``(iii) Graders and Sorters, Agricultural 
                        Products (45-2041).
                            ``(iv) Agricultural equipment operator (45-
                        2091).
                            ``(v) Farmworkers and Laborers, Crop, 
                        Nursery, and Greenhouse (45-2092).
                            ``(vi) Farmworkers, Farm, Ranch and 
                        Aquacultural Animals (45-2093).
                    ``(B) Determination of classification.--A 
                nonimmigrant agricultural worker is employed in a 
                standard occupational classification described in 
                clause (i), (ii), (iii), (iv), (v), or (vi) of 
                subparagraph (A) if the worker performs activities 
                associated with that occupational classification, as 
                specified on the employer's petition, for at least 75 
                percent of the time in a semiannual employment period.
            ``(3) Determination of wage rate.--
                    ``(A) Calendar years 2014 through 2016.--The wage 
                rate under this subparagraph for calendar years 2014 
                through 2016 shall be the higher of--
                            ``(i) the applicable Federal, State, or 
                        local minimum wage; or
                            ``(ii)(I) for the category described in 
                        paragraph (2)(A)(iii)--
                                    ``(aa) $9.37 for calendar year 
                                2014;
                                    ``(bb) $9.60 for calendar year 
                                2015; and
                                    ``(cc) $9.84 for calendar year 
                                2016;
                            ``(II) for the category described in 
                        paragraph (2)(A)(iv)--
                                    ``(aa) $11.30 for calendar year 
                                2014;
                                    ``(bb) $11.58 for calendar year 
                                2015; and
                                    ``(cc) $11.87 for calendar year 
                                2016;
                            ``(III) for the category described in 
                        paragraph (2)(A)(v)--
                                    ``(aa) $9.17 for calendar year 
                                2014;
                                    ``(bb) $9.40 for calendar year 
                                2015; and
                                    ``(cc) $9.64 for calendar year 
                                2016; and
                            ``(IV) for the category described in 
                        paragraph (2)(A)(vi)--
                                    ``(aa) $10.82 for calendar year 
                                2014;
                                    ``(bb) $11.09 for calendar year 
                                2015; and
                                    ``(cc) $11.37 for calendar year 
                                2016.
                    ``(B) Subsequent years.--The Secretary shall 
                increase the hourly wage rates set forth in clauses (i) 
                through (iv) of subparagraph (A), for each calendar 
                year after the calendar years described in subparagraph 
                (A) by an amount equal to--
                            ``(i) 1.5 percent, if the percentage 
                        increase in the Employment Cost Index for wages 
                        and salaries during the previous calendar year, 
                        as calculated by the Bureau of Labor 
                        Statistics, is less than 1.5 percent;
                            ``(ii) the percentage increase in such 
                        Employment Cost Index, if such percentage 
                        increase is between 1.5 percent and 2.5 
                        percent, inclusive; or
                            ``(iii) 2.5 percent, if such percentage 
                        increase is greater than 2.5 percent.
                    ``(C) Agricultural supervisors and animal 
                breeders.--Not later than September 1, 2015, and 
                annually thereafter, the Secretary, in consultation 
                with the Secretary of Labor, shall establish the 
                required wage for the next calendar year for each of 
                the job categories set out in clauses (i) and (ii) of 
                paragraph (2)(A).
                    ``(D) Survey by bureau of labor statistics.--Not 
                later than April 15, 2015, the Bureau of Labor 
                Statistics shall consult with the Secretary to expand 
                the Occupational Employment Statistics Survey to survey 
                agricultural producers and contractors and produce 
                improved wage data by State and the job categories set 
                out in clauses (i) through (vi) of subparagraph (A).
            ``(4) Consideration.--In determining the wage rate under 
        paragraph (3)(C), the Secretary may consider appropriate 
        factors, including--
                    ``(A) whether the employment of additional alien 
                workers at the required wage will adversely affect the 
                wages and working conditions of workers in the United 
                States similarly employed;
                    ``(B) whether the employment in the United States 
                of an alien admitted under section 101(a)(15)(H)(ii)(a) 
                or unauthorized aliens in the agricultural workforce 
                has depressed wages of United States workers engaged in 
                agricultural employment below the levels that would 
                otherwise have prevailed if such aliens had not been 
                employed in the United States;
                    ``(C) whether wages of agricultural workers are 
                sufficient to support such workers and their families 
                at a level above the poverty thresholds determined by 
                the Bureau of Census;
                    ``(D) the wages paid workers in the United States 
                who are not employed in agricultural employment but who 
                are employed in comparable employment;
                    ``(E) the continued exclusion of employers of 
                nonimmigrant alien workers in agriculture from the 
                payment of taxes under chapter 21 of the Internal 
                Revenue Code of 1986 (26 U.S.C. 3101 et seq.) and 
                chapter 23 of such Code (26 U.S.C. 3301 et seq.);
                    ``(F) the impact of farm labor costs in the United 
                States on the movement of agricultural production to 
                foreign countries;
                    ``(G) a comparison of the expenses and cost 
                structure of foreign agricultural producers to the 
                expenses incurred by agricultural producers based in 
                the United States; and
                    ``(H) the accuracy and reliability of the 
                Occupational Employment Statistics Survey.
            ``(5) Adverse effect wage rate.--
                    ``(A) Prohibition of modification.--The adverse 
                effect wage rates in effect on April 15, 2013, for 
                nonimmigrants admitted under 101(a)(15)(H)(ii)(a)--
                            ``(i) shall remain in effect until the date 
                        described in section 2233 of the Agricultural 
                        Worker Program Act of 2013; and
                            ``(ii) may not be modified except as 
                        provided in subparagraph (B).
                    ``(B) Exception.--Until the Secretary establishes 
                the wage rates required under paragraph (3)(C), the 
                adverse effect wage rates in effect on the date of the 
                enactment of the Agricultural Worker Program Act of 
                2013 shall be--
                            ``(i) deemed to be such wage rates; and
                            ``(ii) after September 1, 2015, adjusted 
                        annually in accordance with paragraph (3)(B).
                    ``(C) Nonpayment of fica and futa taxes.--An 
                employer employing nonimmigrant agricultural workers 
                shall not be required to pay and withhold from such 
                workers--
                            ``(i) the tax required under section 3101 
                        of the Internal Revenue Code of 1986; or
                            ``(ii) the tax required under section 3301 
                        of the Internal Revenue Code of 1986.
            ``(6) Preferential treatment of aliens prohibited.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), employers seeking to hire United 
                States workers shall offer the United States workers 
                not less than the same benefits, wages, and working 
                conditions that the employer is offering, intends to 
                offer, or will provide to nonimmigrant agricultural 
                workers. No job offer may impose on United States 
                workers any restrictions or obligations that will not 
                be imposed on the employer's nonimmigrant agricultural 
                workers.
                    ``(B) Exception.--Notwithstanding subparagraph (A), 
                a designated agricultural employer is not required to 
                provide housing or a housing allowance to United States 
                workers.
    ``(g) Worker Protections and Dispute Resolution.--
            ``(1) Equality of treatment.--Nonimmigrant agricultural 
        workers shall not be denied any right or remedy under any 
        Federal, State, or local labor or employment law applicable to 
        United States workers engaged in agricultural employment.
            ``(2) Applicability of the migrant and seasonal 
        agricultural worker protection act.--
                    ``(A) Migrant and seasonal agricultural worker 
                protection act.--Nonimmigrant agricultural workers 
                shall be considered migrant agricultural workers for 
                purposes of the Migrant and Seasonal Agricultural 
                Worker Protection Act (29 U.S.C. 1801 et seq.).
                    ``(B) Eligibility of nonimmigrant agricultural 
                workers for certain legal assistance.--A nonimmigrant 
                agricultural worker shall be considered to be lawfully 
                admitted for permanent residence for purposes of 
                establishing eligibility for legal services under the 
                Legal Services Corporation Act (42 U.S.C. 2996 et seq.) 
                on matters relating to wages, housing, transportation, 
                and other employment rights.
                    ``(C) Mediation.--
                            ``(i) Free mediation services.--The Federal 
                        Mediation and Conciliation Service shall be 
                        available to assist in resolving disputes 
                        arising under this section between nonimmigrant 
                        agricultural workers and designated 
                        agricultural employers without charge to the 
                        parties.
                            ``(ii) Complaint.--If a nonimmigrant 
                        agricultural worker files a complaint under 
                        section 504 of the Migrant and Seasonal 
                        Agricultural Worker Protection Act (29 U.S.C. 
                        1854), not later than 60 days after the filing 
                        of proof of service of the complaint, a party 
                        to the action may file a request with the 
                        Federal Mediation and Conciliation Service to 
                        assist the parties in reaching a satisfactory 
                        resolution of all issues involving all parties 
                        to the dispute.
                            ``(iii) Notice.--Upon filing a request 
                        under clause (ii) and giving of notice to the 
                        parties, the parties shall attempt mediation 
                        within the period specified in clause (iv).
                            ``(iv) 90-day limit.--The Federal Mediation 
                        and Conciliation Service may conduct mediation 
                        or other nonbinding dispute resolution 
                        activities for a period not to exceed 90 days 
                        beginning on the date on which the Federal 
                        Mediation and Conciliation Service receives a 
                        request for assistance under clause (ii) unless 
                        the parties agree to an extension of such 
                        period.
                            ``(v) Authorization of appropriations.--
                                    ``(I) In general.--Subject to 
                                clause (II), there are authorized to be 
                                appropriated to the Federal Mediation 
                                and Conciliation Service $500,000 for 
                                each fiscal year to carry out this 
                                subparagraph.
                                    ``(II) Mediation.--Notwithstanding 
                                any other provision of law, the 
                                Director of the Federal Mediation and 
                                Conciliation Service is authorized--
                                            ``(aa) to conduct the 
                                        mediation or other dispute 
                                        resolution activities from any 
                                        other account containing 
                                        amounts available to the 
                                        Director; and
                                            ``(bb) to reimburse such 
                                        account with amounts 
                                        appropriated pursuant to 
                                        subclause (I).
                            ``(vi) Private mediation.--If all parties 
                        agree, a private mediator may be employed as an 
                        alternative to the Federal Mediation and 
                        Conciliation Service.
            ``(3) Other rights.--Nonimmigrant agricultural workers 
        shall be entitled to the rights granted to other classes of 
        aliens under sections 242(h) and 245E.
            ``(4) Waiver of rights.--Agreements by nonimmigrant 
        agricultural workers to waive or modify any rights or 
        protections under this section shall be considered void or 
        contrary to public policy except as provided in a collective 
        bargaining agreement with a bona fide labor organization.
    ``(h) Enforcement Authority.--
            ``(1) Investigation of complaints.--
                    ``(A) Aggrieved person or third-party complaints.--
                            ``(i) Process.--The Secretary of Labor 
                        shall establish a process for the receipt, 
                        investigation, and disposition of complaints 
                        respecting a designated agricultural employer's 
                        failure to meet a condition specified in 
                        subsection (e), or an employer's 
                        misrepresentation of material facts in a 
                        petition under subsection (e)(2).
                            ``(ii) Filing.--Any aggrieved person or 
                        organization, including bargaining 
                        representatives, may file a complaint referred 
                        to in clause (i) not later than 1 year after 
                        the date of the failure or misrepresentation, 
                        respectively.
                            ``(iii) Investigation or hearing.--The 
                        Secretary of Labor shall conduct an 
                        investigation if there is reasonable cause to 
                        believe that such failure or misrepresentation 
                        has occurred.
                    ``(B) Determination on complaint.--Under such 
                process, the Secretary of Labor shall provide, not 
                later than 30 days after the date on which such a 
                complaint is filed, for a determination as to whether 
                or not a reasonable basis exists to make a finding 
                described in subparagraph (C), (D), (E), or (F). If the 
                Secretary of Labor determines that such a reasonable 
                basis exists, the Secretary of Labor shall provide for 
                notice of such determination to the interested parties 
                and an opportunity for a hearing on the complaint, in 
                accordance with section 556 of title 5, United States 
                Code, within 60 days after the date of the 
                determination. If such a hearing is requested, the 
                Secretary of Labor shall make a finding concerning the 
                matter not later than 60 days after the date of the 
                hearing. In the case of similar complaints respecting 
                the same applicant, the Secretary of Labor may 
                consolidate the hearings under this subparagraph on 
                such complaints.
                    ``(C) Failure to meet conditions.--If the Secretary 
                of Labor finds, after notice and opportunity for a 
                hearing, a failure to meet a condition under subsection 
                (e) or (f), or a material misrepresentation of fact in 
                a petition under subsection (e)(2)--
                            ``(i) the Secretary of Labor shall notify 
                        the Secretary of such finding and may, in 
                        addition, impose such other administrative 
                        remedies (including civil money penalties in an 
                        amount not to exceed $1,000 per violation) as 
                        the Secretary of Labor determines to be 
                        appropriate; and
                            ``(ii) the Secretary may disqualify the 
                        designated agricultural employer from the 
                        employment of nonimmigrant agricultural workers 
                        for a period of 1 year.
                    ``(D) Willful failures and willful 
                misrepresentations.--If the Secretary of Labor finds, 
                after notice and opportunity for hearing, a willful 
                failure to meet a condition under subsection (e) or (f) 
                or a willful misrepresentation of a material fact in an 
                registration or petition under paragraph (1) or (2) of 
                subsection (e)--
                            ``(i) the Secretary of Labor shall notify 
                        the Secretary of such finding and may, in 
                        addition, impose such other administrative 
                        remedies (including civil money penalties in an 
                        amount not to exceed $5,000 per violation) as 
                        the Secretary of Labor determines to be 
                        appropriate;
                            ``(ii) the Secretary of Labor may seek 
                        appropriate legal or equitable relief; and
                            ``(iii) the Secretary may disqualify the 
                        designated agricultural employer from the 
                        employment of nonimmigrant agricultural workers 
                        for a period of 2 years.
                    ``(E) Displacement of united states workers.--If 
                the Secretary of Labor finds, after notice and 
                opportunity for hearing, a willful failure to meet a 
                condition under subsection (e) or (f) or a willful 
                misrepresentation of a material fact in an registration 
                or petition under paragraph (1) or (2) of subsection 
                (e), in the course of which failure or 
                misrepresentation the employer displaced a United 
                States worker employed by the employer during the 
                period of employment on the employer's petition under 
                subsection (e)(2) or during the period of 30 days 
                preceding such period of employment--
                            ``(i) the Secretary of Labor shall notify 
                        the Secretary of such finding and may, in 
                        addition, impose such other administrative 
                        remedies (including civil money penalties in an 
                        amount not to exceed $15,000 per violation) as 
                        the Secretary of Labor determines to be 
                        appropriate; and
                            ``(ii) the Secretary may disqualify the 
                        employer from the employment of nonimmigrant 
                        agricultural workers for a period of 3 years.
                    ``(F) Failures to pay wages or required benefits.--
                If the Secretary of Labor finds, after notice and 
                opportunity for a hearing, that the employer has failed 
                to pay the wages, or provide the housing allowance, 
                transportation, subsistence reimbursement, or guarantee 
                of employment required under subsections (e)(4) and 
                (f), the Secretary of Labor shall assess payment of 
                back wages, or other required benefits, due any United 
                States worker or nonimmigrant agricultural worker 
                employed by the employer in the specific employment in 
                question. The back wages or other required benefits 
                required under subsections (e) and (f) shall be equal 
                to the difference between the amount that should have 
                been paid and the amount that actually was paid to such 
                worker.
                    ``(G) Disposition of penalties.--Civil penalties 
                collected under this paragraph shall be deposited into 
                the Comprehensive Immigration Reform Trust Fund 
                established under section 6(a)(1) of the Border 
                Security, Economic Opportunity, and Immigration 
                Modernization Act.
            ``(2) Limitations on civil money penalties.--The Secretary 
        of Labor shall not impose total civil money penalties with 
        respect to a petition under subsection (e)(2) in excess of 
        $90,000.
            ``(3) Election.--A nonimmigrant agricultural worker who has 
        filed an administrative complaint with the Secretary of Labor 
        may not maintain a civil action unless a complaint based on the 
        same violation filed with the Secretary of Labor under 
        paragraph (1) is withdrawn before the filing of such action, in 
        which case the rights and remedies available under this 
        subsection shall be exclusive.
            ``(4) Preclusive effect.--Any settlement by a nonimmigrant 
        agricultural worker, a designated agricultural employer, or any 
        person reached through the mediation process required under 
        subsection (g)(2)(C) shall preclude any right of action arising 
        out of the same facts between the parties in any Federal or 
        State court or administrative proceeding, unless specifically 
        provided otherwise in the settlement agreement.
            ``(5) Settlements.--Any settlement by the Secretary of 
        Labor with a designated agricultural worker on behalf of a 
        nonimmigrant agricultural worker of a complaint filed with the 
        Secretary of Labor under this section or any finding by the 
        Secretary of Labor under this subsection shall preclude any 
        right of action arising out of the same facts between the 
        parties under any Federal or State court or administrative 
        proceeding, unless specifically provided otherwise in the 
        settlement agreement.
            ``(6) Statutory construction.--Nothing in this subsection 
        may be construed as limiting the authority of the Secretary of 
        Labor to conduct any compliance investigation under any other 
        labor law, including any law affecting migrant and seasonal 
        agricultural workers, or, in the absence of a complaint under 
        this section.
            ``(7) Discrimination prohibited.--It is a violation of this 
        subsection for any person who has filed a petition under 
        subsection (e) or (f) to intimidate, threaten, restrain, 
        coerce, blacklist, discharge, or in any other manner 
        discriminate against an employee, including a former employee 
        or an applicant for employment, because the employee--
                    ``(A) has disclosed information to the employer, or 
                to any other person, that the employee reasonably 
                believes evidences a violation of subsection (e) or 
                (f), or any rule or regulation relating to subsection 
                (e) or (f); or
                    ``(B) cooperates or seeks to cooperate in an 
                investigation or other proceeding concerning the 
                employer's compliance with the requirements under 
                subsection (e) or (f) or any rule or regulation 
                pertaining to subsection (e) or (f).
            ``(8) Role of associations.--
                    ``(A) Violation by a member of an association.--
                            ``(i) In general.--If an association acting 
                        as the agent of an employer files an 
                        application on behalf of such employer, the 
                        employer is fully responsible for such 
                        application, and for complying with the terms 
                        and conditions of subsection (e). If such an 
                        employer is determined to have violated any 
                        requirement described in this subsection, the 
                        penalty for such violation shall apply only to 
                        that employer except as provided in clause 
                        (ii).
                            ``(ii) Collective responsibility.--If the 
                        Secretary of Labor determines that the 
                        association or other members of the association 
                        participated in, had knowledge of, or reason to 
                        know of a violation described in clause (i), 
                        the penalty shall also be invoked against the 
                        association and complicit association members.
                    ``(B) Violations by an association acting as an 
                employer.--
                            ``(i) In general.--If an association filing 
                        an application as a sole or joint employer is 
                        determined to have violated any requirement 
                        described in this section, the penalty for such 
                        violation shall apply only to the association 
                        except as provided in clause (ii).
                            ``(ii) Member responsibility.--If the 
                        Secretary of Labor determines that 1 or more 
                        association members participated in, had 
                        knowledge of, or reason to know of the 
                        violation described in clause (i), the penalty 
                        shall be invoked against all complicit 
                        association members.
    ``(i) Special Nonimmigrant Visa Processing and Wage Determination 
Procedures for Certain Agricultural Occupations.--
            ``(1) Finding.--Certain industries possess unique 
        occupational characteristics that necessitate the Secretary of 
        Agriculture to adopt special procedures relating to housing, 
        pay, and visa program application requirements for those 
        industries.
            ``(2) Special procedures industry defined.--In this 
        subsection, the term `Special Procedures Industry' means--
                    ``(A) sheepherding and goat herding;
                    ``(B) itinerant commercial beekeeping and 
                pollination;
                    ``(C) open range production of livestock;
                    ``(D) itinerant animal shearing; and
                    ``(E) custom combining industries.
            ``(3) Work locations.--The Secretary shall allow designated 
        agricultural employers in a Special Procedures Industry that do 
        not operate in a single fixed-site location to provide, as part 
        of its registration or petition under the Program, a list of 
        anticipated work locations, which--
                    ``(A) may include an anticipated itinerary; and
                    ``(B) may be subsequently amended by the employer, 
                after notice to the Secretary.
            ``(4) Wage rates.--The Secretary may establish monthly, 
        weekly, or biweekly wage rates for occupations in a Special 
        Procedures Industry for a State or other geographic area. For 
        an employer in those Special Procedures Industries that 
        typically pay a monthly wage, the Secretary shall require that 
        workers will be paid not less frequently than monthly and at a 
        rate no less than the legally required monthly cash wage for 
        such employer as of the date of the enactment of the Border 
        Security, Economic Opportunity, and Immigration Modernization 
        Act and in an amount as re-determined annually by the Secretary 
        of Agriculture through rulemaking.
            ``(5) Housing.--The Secretary shall allow for the provision 
        of housing or a housing allowance by employers in Special 
        Procedures Industries and allow housing suitable for workers 
        employed in remote locations.
            ``(6) Allergy limitation.--An employer engaged in the 
        commercial beekeeping or pollination services industry may 
        require that an applicant be free from bee pollen, venom, or 
        other bee-related allergies.
            ``(7) Application.--An individual employer in a Special 
        Procedures Industry may file a program petition on its own 
        behalf or in conjunction with an association of employers. The 
        employer's petition may be part of several related petitions 
        submitted simultaneously that constitute a master petition.
            ``(8) Rulemaking.--The Secretary or, as appropriate, the 
        Secretary of Homeland Security or the Secretary of Labor, after 
        consultation with employers and employee representatives, shall 
        publish for notice and comment proposed regulations relating to 
        housing, pay, and application procedures for Special Procedures 
        Industries.
    ``(j) Miscellaneous Provisions.--
            ``(1) Disqualification of nonimmigrant agricultural workers 
        from financial assistance.--An alien admitted as a nonimmigrant 
        agricultural worker is not eligible for any program of 
        financial assistance under Federal law (whether through grant, 
        loan, guarantee, or otherwise) on the basis of financial need, 
        as such programs are identified by the Secretary in 
        consultation with other agencies of the United States.
            ``(2) Monitoring requirement.--
                    ``(A) In general.--The Secretary shall monitor the 
                movement of nonimmigrant agricultural workers through--
                            ``(i) the Employment Verification System 
                        described in section 274A(b); and
                            ``(ii) the electronic monitoring system 
                        established pursuant to subparagraph (B).
                    ``(B) Electronic monitoring system.--Not later than 
                2 years after the effective date of this section, the 
                Secretary of Homeland Security, through the Director of 
                U.S. Citizenship and Immigration Services, shall 
                establish an electronic monitoring system, which 
                shall--
                            ``(i) be modeled on the Student and 
                        Exchange Visitor Information System (SEVIS) and 
                        the SEVIS II tracking system administered by 
                        U.S. Immigration and Customs Enforcement;
                            ``(ii) monitor the presence and employment 
                        of nonimmigrant agricultural workers; and
                            ``(iii) assist in ensuring the compliance 
                        of designated agricultural employers and 
                        nonimmigrant agricultural workers with the 
                        requirements of the Program.''.
    (b) Rulemaking.--The Secretary of Agriculture shall issue 
regulations to carry out section 218A of the Immigration and 
Nationality Act, as added by subsection (a), not later than 1 year 
after the date of the enactment of this Act.
    (c) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 218 the following:

``Sec. 218A. Nonimmigrant agricultural worker program.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2014.

SEC. 2233. TRANSITION OF H-2A WORKER PROGRAM.

    (a) Sunset of Program.--
            (1) In general.--Except as provided in paragraph (2), an 
        employer may not petition to employ an alien pursuant to 
        section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) after the date that is 1 
        year after the date on which the regulations issued pursuant to 
        section 2241(b) become effective.
            (2) Exception.--An employer may employ an alien described 
        in paragraph (1) for the shorter of--
                    (A) 10 months; or
                    (B) the time specified in the position.
    (b) Conforming Amendments.--
            (1) Repeal of h-2a nonimmigrant category.--Section 
        101(a)(15)(H)(ii) (8 U.S.C. 1101(a)(15)(H)(ii)) is amended by 
        striking subclause (a).
            (2) Repeal of admission requirements for h-2a worker.--
        Section 218 (8 U.S.C. 1188) is repealed.
            (3) Conforming amendments.--
                    (A) Amendment of petition requirements.--Section 
                214(c)(1) (8 U.S.C. 1184(c)(1)) is amended by striking 
                ``For purposes of this subsection'' and all that 
                follows.
                    (B) Clerical amendment.--The table of contents is 
                amended by striking the item relating to section 218.
            (4) Effective date.--The amendments made by this subsection 
        shall take effect on the date that is 1 year after the 
        effective date of the regulations issued pursuant to section 
        2241(b).

SEC. 2234. REPORTS TO CONGRESS ON NONIMMIGRANT AGRICULTURAL WORKERS.

    (a) Annual Report by Secretary of Agriculture.--Not later than 
September 30 of each year, the Secretary of Agriculture shall submit a 
report to Congress that identifies, for the previous year, the number, 
disaggregated by State and by occupation, of--
            (1) job opportunities approved for employment of aliens 
        admitted pursuant to clause (iii) or clause (iv) of section 
        101(a)(15)(W) of the Immigration and Nationality Act, as added 
        by section 2231; and
            (2) aliens actually admitted pursuant to each such clause.
    (b) Annual Report by Secretary of Homeland Security.--Not later 
than September 30 of each year, the Secretary shall submit a report to 
Congress that identifies, for the previous year, the number of aliens 
described in subsection (a)(2) who--
            (1) violated the terms of the nonimmigrant agricultural 
        worker program established under section 218A(b) of the 
        Immigration and Nationality Act, as added by section 2232; and
            (2) have not departed from the United States.

                      CHAPTER 3--OTHER PROVISIONS

SEC. 2241. RULEMAKING.

    (a) Consultation Requirement.--In the course of promulgating any 
regulation necessary to implement this subtitle, or the amendments made 
by this subtitle, the Secretary, the Secretary of Agriculture, the 
Secretary of Labor, and the Secretary of State shall regularly consult 
with each other.
    (b) Deadline for Issuance of Regulations.--Except as provided in 
section 2232(b), all regulations to implement this subtitle and the 
amendments made by this subtitle shall be issued not later than 6 
months after the date of the enactment of this Act.

SEC. 2242. REPORTS TO CONGRESS.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary and the Secretary of Agriculture shall jointly 
submit a report to Congress that describes the measures being taken and 
the progress made in implementing this subtitle and the amendments made 
by this subtitle.

SEC. 2243. BENEFITS INTEGRITY PROGRAMS.

    (a) In General.--Without regard to whether personal interviews are 
conducted in the adjudication of benefits provided for by section 210A, 
218A, 245B, 245C, 245D, 245E, or 245F of the Immigration and 
Nationality Act, or in seeking a benefit under section 101(a)(15)(U) of 
the Immigration and Nationality Act, section 1242 of the Refugee Crisis 
in Iraq Act of 2007 (8 U.S.C. 1157 note), section 602(b) of the Afghan 
Allies Protection Act of 2009 (8 U.S.C. 1101 note), or section 2211 of 
this Act, the Secretary shall uphold and maintain the integrity of 
those benefits by carrying out for each of them, within the Fraud 
Detection and National Security Directorate of U.S. Citizenship and 
Immigration Services, programs as follows:
            (1) A benefit fraud assessment program to quantify fraud 
        rates, detect ongoing fraud trends, and develop appropriate 
        countermeasures, including through a random sample of both 
        pending and completed cases.
            (2) A compliance review program, including site visits, to 
        identify frauds and deter fraudulent and illegal activities.
    (b) Reports.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, U.S. Citizenship and Immigration 
        Services shall annually submit to Congress a report on the 
        programs carried out pursuant to subsection (a).
            (2) Elements in first report.--The initial report submitted 
        under paragraph (1) shall include the methodologies to be used 
        by the Fraud Detection and National Security Directorate for 
        each of the programs specified in paragraphs (1) and (2) of 
        subsection (a).
            (3) Elements in subsequent reports.--Each subsequent report 
        under paragraph (1) shall include, for the calendar year 
        covered by such report, a descriptions of examples of fraud 
        detected, fraud rates for programs and types of applicants, and 
        a description of the disposition of the cases in which fraud 
        was detected or suspected.
    (c) Use of Findings of Fraud.--Any instance of fraud or abuse 
detected pursuant to a program carried out pursuant to subsection (a) 
may be used to deny or revoke benefits, and may also be referred to 
U.S. Immigration and Customs Enforcement for investigation of criminal 
violations of section 266 of the Immigration and Nationality Act (8 
U.S.C. 1306).
    (d) Funding.--There are authorized to be appropriated, from the 
Comprehensive Immigration Reform Trust Fund established under section 
6(a)(1), such sums as may be necessary to carry out this section.

SEC. 2244. EFFECTIVE DATE.

    This subtitle and the amendments made by this subtitle, except for 
sections 2231, 2232, and 2233, shall take effect on the date on which 
the regulations required under section 2241 are issued, regardless of 
whether such regulations are issued on an interim basis or on any other 
basis.

                     Subtitle C--Future Immigration

SEC. 2301. MERIT-BASED POINTS TRACK ONE.

    (a) In General.--
            (1) Worldwide level of merit-based immigrants.--Section 
        201(e) (8 U.S.C. 1151(e)) is amended to read as follows:
    ``(e) Worldwide Level of Merit-based Immigrants.--
            ``(1) In general.--
                    ``(A) Numerical limitation.--Subject to paragraphs 
                (2), (3), and (4), the worldwide level of merit-based 
                immigrants is equal to 120,000 for each fiscal year.
                    ``(B) Status.--An alien admitted on the basis of a 
                merit-based immigrant visa under this section shall 
                have the status of an alien lawfully admitted for 
                permanent residence.
            ``(2) Annual increase.--
                    ``(A) In general.--Subject to subparagraph (B) and 
                paragraph (3), if in any fiscal year the worldwide 
                level of visas available for merit-based immigrants 
                under this section--
                            ``(i) is less than 75 percent of the number 
                        of applicants for such fiscal year, the 
                        worldwide level shall increase by 5 percent for 
                        the next fiscal year; and
                            ``(ii) is equal to or more than 75 percent 
                        of such number, the worldwide level for the 
                        next fiscal year shall be the same as the 
                        worldwide level for such fiscal year, minus any 
                        amount added to the worldwide level for such 
                        fiscal year under paragraph (4).
                    ``(B) Limitation on increase.--The worldwide level 
                of visas available for merit-based immigrants shall not 
                exceed 250,000.
            ``(3) Employment consideration.--The worldwide level of 
        visas available for merit-based immigrants may not be increased 
        for a fiscal year under paragraph (2) if the annual average 
        unemployment rate for the civilian labor force 18 years or over 
        in the United States, as determined by the Bureau of Labor 
        Statistics, for such previous fiscal year is more than 8\1/2\ 
        percent.
            ``(4) Recapture of unused visas.--The worldwide level of 
        merit-based immigrants described in paragraph (1) for a fiscal 
        year shall be increased by the difference (if any) between the 
        worldwide level established under paragraph (1) for the 
        previous fiscal year and the number of visas actually issued 
        under this subsection during that fiscal year. Such visas shall 
        be allocated for the following year pursuant to section 
        203(c)(3).''.
            (2) Merit-based immigrants.--Section 203 (8 U.S.C. 1153) is 
        amended by inserting after subsection (b) the following:
    ``(c) Merit-based Immigrants.--
            ``(1) Fiscal years 2015 through 2017.--During each of the 
        fiscal years 2015 through 2017, the worldwide level of merit-
        based immigrant visas made available under section 201(e)(1) 
        shall be available for aliens described in section 203(b)(3) 
        and in addition to any visas available for such aliens under 
        such section.
            ``(2) Subsequent fiscal years.--During fiscal year 2018 and 
        each subsequent fiscal year, aliens subject to the worldwide 
        level specified in section 201(e) for merit-based immigrants 
        shall be allocated as follows:
                    ``(A) 50 percent shall be available to applicants 
                with the highest number of points allocated under tier 
                1 in paragraph (4).
                    ``(B) 50 percent shall be available to applicants 
                with the highest number of points allocated under tier 
                2 in paragraph (5).
            ``(3) Unused visas.--If the total number of visas allocated 
        to tier 1 or tier 2 for a fiscal year are not granted during 
        that fiscal year, such number may be added to the number of 
        visas available under section 201(e)(1) for the following 
        fiscal year and allocated as follows:
                    ``(A) If the unused visas were allocated for tier 1 
                in a fiscal year, \2/3\ of such visas shall be 
                available for aliens allocated visas under tier 1 in 
                the following fiscal year and \1/3\ of such visas shall 
                be available for aliens allocated visas under either 
                tier 1 or tier 2 in the following fiscal year.
                    ``(B) If the unused visas were allocated for tier 2 
                in a fiscal year, \2/3\ of such visas shall be 
                available for aliens allocated visas under tier 2 in 
                the following fiscal year and \1/3\ of such visas shall 
                be available for aliens allocated visas under either 
                tier 1 or tier 2 in the following fiscal year.
            ``(4) Tier 1.--The Secretary shall allocate points to each 
        alien seeking to be a tier 1 merit-based immigrant as follows:
                    ``(A) Education.--
                            ``(i) In general.--An alien may receive 
                        points under only 1 of the following 
                        categories:
                                    ``(I) An alien who has received a 
                                doctorate degree from an institution of 
                                higher education in the United States 
                                or the foreign equivalent shall be 
                                allocated 15 points.
                                    ``(II) An alien who has received a 
                                master's degree from an institution of 
                                higher education in the United States 
                                or the foreign equivalent shall be 
                                allocated 10 points.
                            ``(ii) An alien who has received a 
                        bachelor's degree from an institution of higher 
                        education (as defined in section 101(a) of the 
                        Higher Education Act of 1965 (20 U.S.C. 
                        1001(a))) shall be allocated 5 points.
                    ``(B) Employment experience.--An alien shall be 
                allocated not more than 20 points as follows:
                            ``(i) 3 points for each year the alien has 
                        been lawfully employed in a zone 5 occupation 
                        in the United States.
                            ``(ii) 2 points for each year the alien has 
                        been lawfully employed in a zone 4 occupation 
                        in the United States.
                    ``(C) Employment related to education.--An alien 
                who is in the United States and is employed full-time 
                or has an offer of full-time employment in a field 
                related to the alien's education--
                            ``(i) in a zone 5 occupation shall be 
                        allocated 10 points; or
                            ``(ii) in a zone 4 occupation shall be 
                        allocated 8 points.
                    ``(D) Entrepreneurship.--An alien who is an 
                entrepreneur in business that employs at least 2 
                employees in a zone 4 occupation or a zone 5 occupation 
                shall be allocated 10 points.
                    ``(E) High demand occupation.--An alien who is 
                employed full-time in the United States or has an offer 
                of full-time employment in a high demand tier 1 
                occupation shall be allocated 10 points.
                    ``(F) Civic involvement.--An alien who has attested 
                that he or she has engaged in a significant amount of 
                community service, as determined by the Secretary, 
                shall be allocated 2 points.
                    ``(G) English language.--An alien who received a 
                score of 80 or more on the Test of English as a Foreign 
                Language, or an equivalent score on a similar test, as 
                determined by the Secretary, shall be allocated 10 
                points.
                    ``(H) Siblings and married sons and daughters of 
                citizens.--An alien who is the sibling of a citizen of 
                the United States or who is over 31 years of age and is 
                the married son or married daughter of a citizen of the 
                United States shall be allocated 10 points.
                    ``(I) Age.--An alien who is--
                            ``(i) between 18 and 24 years of age shall 
                        be allocated 8 points;
                            ``(ii) between 25 and 32 years of age shall 
                        be allocated 6 points; or
                            ``(iii) between 33 and 37 years of age 
                        shall be allocated 4 points.
                    ``(J) Country of origin.--An alien who is a 
                national of a country of which fewer than 50,000 
                nationals were lawfully admitted to permanent residence 
                in the United States in the previous 5 years shall be 
                allocated 5 points.
            ``(5) Tier 2.--The Secretary shall allocate points to each 
        alien seeking to be a tier 2 merit-based immigrant as follows:
                    ``(A) Employment experience.--An alien shall be 
                allocated 2 points for each year the alien has been 
                lawfully employed in the United States, for a total of 
                not more than 20 points.
                    ``(B) Special employment criteria.--An alien who is 
                employed full-time in the United States, or has an 
                offer of full-time employment--
                            ``(i) in a high demand tier 2 occupation 
                        shall be allocated 10 points; or
                            ``(ii) in a zone 1, zone 2, or zone 3 
                        occupation shall be allocated 10 points.
                    ``(C) Caregiver.--An alien who is or has been a 
                primary caregiver shall be allocated 10 points.
                    ``(D) Exceptional employment record.--An alien who 
                has a record of exceptional employment, as determined 
                by the Secretary, shall be allocated 10 points. In 
                determining a record of exceptional employment, the 
                Secretary shall consider factors including promotions, 
                longevity, changes in occupations from a lower job zone 
                to a higher job zone, participated in safety training, 
                and increases in pay.
                    ``(E) Civic involvement.--An alien who has 
                demonstrated significant civic involvement shall be 
                allocated 2 points.
                    ``(F) English language.--
                            ``(i) English proficiency.--An alien who 
                        has demonstrated English proficiency, as 
                        determined by a standardized test designated by 
                        the Secretary of Education, shall be allocated 
                        10 points.
                            ``(ii) English knowledge.--An alien who has 
                        demonstrated English knowledge, as determined 
                        by a standardized test designated by the 
                        Secretary of Education, shall be allocated 5 
                        points.
                    ``(G) Siblings and married sons and daughters of 
                citizens.--An alien who is the sibling of a citizen of 
                the United States or is over the age of 31 and is the 
                married son or married daughter of a citizen of the 
                United States shall be allocated 10 points.
                    ``(H) Age.--An alien who is--
                            ``(i) between 18 and 24 years of age shall 
                        be allocated 8 points;
                            ``(ii) between 25 and 32 years of age shall 
                        be allocated 6 points; or
                            ``(iii) between 33 and 37 years of age 
                        shall be allocated 4 points.
                    ``(I) Country of origin.--An alien who is a 
                national of a country of which fewer than 50,000 
                nationals were lawfully admitted to permanent residence 
                in the United States in the previous 5 years shall be 
                allocated 5 points.
            ``(6) Application procedures.--
                    ``(A) Submission.--During the 30-day period 
                beginning on the first October 1 occurring at least 3 
                years after the date of the enactment of the Border 
                Security, Economic Opportunity, and Immigration 
                Modernization Act, and during each 30-day period 
                beginning on October 1 in subsequent years, eligible 
                aliens may submit, to U.S. Citizenship and Immigration 
                Services, an application for a merit-based immigrant 
                visa that contains such information as the Secretary 
                may reasonably require.
                    ``(B) Adjudication.--Before the last day of each 
                fiscal year in which applications are filed pursuant to 
                subparagraph (A), the Director, U.S. Citizenship and 
                Immigration Services, shall--
                            ``(i) review the applications to determine 
                        which aliens will be granted a merit-based 
                        immigrant visa in the following fiscal year in 
                        accordance with this subsection; and
                            ``(ii) in coordination with the Secretary 
                        of State, provide such visas to all successful 
                        applicants.
                    ``(C) Fee.--An alien who is allocated a visa under 
                this subsection shall pay a fee of $1,500 in addition 
                to any fee assessed to cover the costs to process an 
                application under this subsection. Fees collected under 
                this paragraph shall be deposited by the Secretary into 
                the Comprehensive Immigration Reform Trust Fund 
                established under section 6(a)(1) of the Border 
                Security, Economic Opportunity, and Immigration 
                Modernization Act.
            ``(7) Eligibility of aliens in registered provisional 
        immigrant status.--An alien who was granted registered 
        provisional immigrant status under section 245B is not eligible 
        to receive a merit-based immigrant visa under section 201(e).
            ``(8) Ineligibility of aliens with pending or approved 
        petitions.--An alien who has a petition pending or approved in 
        another immigrant category under this section or section 201 
        may not apply for a merit-based immigrant visa.
            ``(9) Definitions.--In this subsection:
                    ``(A) High demand tier 1 occupation.--The term 
                `high demand tier 1 occupation' means 1 of the 5 
                occupations for which the highest number of 
                nonimmigrants described in section 101(a)(15)(H)(i) 
                were sought to be admitted by employers during the 
                previous fiscal year.
                    ``(B) High demand tier 2 occupation.--The term 
                `high demand tier 2 occupation' means 1 of the 5 
                occupations for which the highest number of positions 
                were sought to become registered positions by employers 
                under section 220(e) during the previous fiscal year.
                    ``(C) Secretary.--The term `Secretary' means the 
                Secretary of Homeland Security.
                    ``(D) Zone 1 occupation.--The term `zone 1 
                occupation' means an occupation that requires little or 
                no preparation and is classified as a zone 1 occupation 
                on--
                            ``(i) the Occupational Information Network 
                        Database (O*NET) on the date of the enactment 
                        of the Border Security, Economic Opportunity, 
                        and Immigration Modernization Act; or
                            ``(ii) such Database or a similar successor 
                        database, as designated by the Secretary of 
                        Labor, after such date of enactment.
                    ``(E) Zone 2 occupation.--The term `zone 2 
                occupation' means an occupation that requires some 
                preparation and is classified as a zone 2 occupation 
                on--
                            ``(i) the Occupational Information Network 
                        Database (O*NET) on the date of the enactment 
                        of the Border Security, Economic Opportunity, 
                        and Immigration Modernization Act; or
                            ``(ii) such Database or a similar successor 
                        database, as designated by the Secretary of 
                        Labor, after such date of enactment.
                    ``(F) Zone 3 occupation.--The term `zone 3 
                occupation' means an occupation that requires medium 
                preparation and is classified as a zone 3 occupation 
                on--
                            ``(i) the Occupational Information Network 
                        Database (O*NET) on the date of the enactment 
                        of the Border Security, Economic Opportunity, 
                        and Immigration Modernization Act; or
                            ``(ii) such Database or a similar successor 
                        database, as designated by the Secretary of 
                        Labor, after such date of enactment.
                    ``(G) Zone 4 occupation.--The term `zone 4 
                occupation' means an occupation that requires 
                considerable preparation and is classified as a zone 4 
                occupation on--
                            ``(i) the Occupational Information Network 
                        Database (O*NET) on the date of the enactment 
                        of theBorder Security, Economic Opportunity, 
                        and Immigration Modernization Act; or
                            ``(ii) such Database or a similar successor 
                        database, as designated by the Secretary of 
                        Labor, after such date of enactment.
                    ``(H) Zone 5 occupation.--The term `zone 5 
                occupation' means an occupation that requires extensive 
                preparation and is classified as a zone 5 occupation 
                on--
                            ``(i) the Occupational Information Network 
                        Database (O*NET) on the date of the enactment 
                        of the Border Security, Economic Opportunity, 
                        and Immigration Modernization Act; or
                            ``(ii) such Database or a similar successor 
                        database, as designated by the Secretary of 
                        Labor, after such date of enactment.''.
            (3) GAO study and report.--
                    (A) Study.--The Comptroller General of the United 
                States shall conduct a study of the merit-based 
                immigration system established under section 203(c) of 
                the Immigration and Nationality Act, as amended by 
                paragraph (2), to determine, during the first 7 years 
                of such system--
                            (i) how the points described in paragraphs 
                        (4)(H), (4)(J), (5)(G), and (5)(I) of section 
                        203(c) of such Act were utilized;
                            (ii) how many of the points allocated to 
                        people lawfully admitted for permanent 
                        residence were allocated under such paragraphs;
                            (iii) how many people who were allocated 
                        points under such paragraphs were not lawfully 
                        admitted to permanent residence;
                            (iv) the countries of origin of the people 
                        who applied for a merit-based visa under 
                        section 203(c) of such Act;
                            (v) the number of such visas issued under 
                        tier 1 and tier 2 to males and females, 
                        respectively;
                            (vi) the age of individuals who were issued 
                        such visas; and
                            (vii) the educational attainment and 
                        occupation of people who were issued such 
                        visas.
                    (B) Report.--Not later than 7 years after the date 
                of the enactment of this Act, the Comptroller General 
                shall submit a report to Congress that describes the 
                results of the study conducted pursuant to subparagraph 
                (A).
    (b) Modification of Points.--The Secretary may submit to Congress a 
proposal to modify the number of points allocated under subsection (c) 
of section 203 of the Immigration and Nationality Act (8 U.S.C. 1153), 
as amended by subsection (a).
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2014.

SEC. 2302. MERIT-BASED TRACK TWO.

    (a) In General.--In addition to any immigrant visa made available 
under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as 
amended by this Act, the Secretary of State shall allocate merit-based 
immigrant visas as described in this section.
    (b) Status.--An alien admitted on the basis of a merit-based 
immigrant visa under this section shall have the status of an alien 
lawfully admitted for permanent residence (as that term is defined in 
section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(20))).
    (c) Eligibility.--Beginning on October 1, 2014, the following 
aliens shall be eligible for merit-based immigrant visas under this 
section:
            (1) Employment-based immigrants.--An alien who is the 
        beneficiary of a petition filed before the date of the 
        enactment of this Act to accord status under section 203(b) of 
        the Immigration and Nationality Act, if the visa has not been 
        issued within 5 years after the date on which such petition was 
        filed.
            (2) Family-sponsored immigrants.--Subject to subsection 
        (d), an alien who is the beneficiary of a petition filed to 
        accord status under section 203(a) of the Immigration and 
        Nationality Act--
                    (A) prior to the date of the enactment of this Act, 
                if the visa was not issued within 5 years after the 
                date on which such petition was filed; or
                    (B) after such date of enactment, to accord status 
                under paragraph (3) or (4) of section 203(a) of the 
                Immigration and Nationality Act (8 U.S.C. 1153(a)), as 
                in effect the minute before the effective date 
                specified in section 2307(a)(3) of this Act, and the 
                visa was not issued within 5 years after the date on 
                which petition was filed.
            (3) Long-term alien workers and other merit-based 
        immigrants.--An alien who--
                    (A) is not admitted pursuant to subparagraph (W) of 
                section 101(a)(15) of the Immigration and Nationality 
                Act (8 U.S.C. 1101(a)(15)); and
                    (B) has been lawfully present in the United States 
                in a status that allows for employment authorization 
                for a continuous period, not counting brief, casual, 
                and innocent absences, of not less than 10 years.
    (d) Allocation of Employment-sponsored Merit-based Immigrant 
Visas.--In each of the fiscal years 2015 through and including 2021, 
the Secretary of State shall allocate to aliens described in subsection 
(c)(1) a number of merit-based immigrant visas equal to \1/7\ of the 
number of aliens described in subsection (c)(1) whose visas had not 
been issued as of the date of the enactment of this Act.
    (e) Allocation of Family-sponsored Merit-based Immigrant Visas.--
The visas authorized by subsection (c)(2) shall be allocated as 
follows:
            (1) Spouses and children of permanent residents.--Petitions 
        to accord status under section 203(a)(2)(A) of the Immigration 
        and Nationality Act (8 U.S.C. 1153(a)(2)(A)), as in effect the 
        minute before the effective date specified in section 
        2307(a)(3) of this Act, are automatically converted to 
        petitions to accord status to the same beneficiaries as 
        immediate relatives under section 201(b)(2)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)).
            (2) Other family members.--In each of the fiscal years 2015 
        through and including 2021, the Secretary of State shall 
        allocate to the aliens described in subsection (c)(2)(A), other 
        than those aliens described in paragraph (1), a number of 
        transitional merit-based immigrant visas equal to \1/7\ of the 
        difference between--
                    (A) the number of aliens described in subsection 
                (c)(2)(A) whose visas had not been issued as of the 
                date of the enactment of this Act; and
                    (B) the number of aliens described in paragraph 
                (1).
            (3) Order of issuance for previously filed applications.--
        Subject to paragraphs (1) and (2), the visas authorized by 
        subsection (c)(2)(A) shall be issued without regard to a per 
        country limitation in the order described in section 203(a) of 
        the Immigration and Nationality Act (8 U.S.C. 1153(a)), as 
        amended by section 2305(b), in the order in which the petitions 
        to accord status under such section 203(a) were filed prior to 
        the date of the enactment of this Act.
            (4) Subsequently filed applications.--In fiscal year 2022, 
        the Secretary of State shall allocate to the aliens described 
        in subsection (c)(2)(B), the number of merit-based immigrant 
        visas equal to \1/2\ of the number of aliens described in 
        subsection (c)(2)(B) whose visas had not been issued by October 
        1, 2021. In fiscal year 2023, the Secretary of State shall 
        allocate to the aliens described in subsection (c)(2)(B), the 
        number of merit-based immigrant visas equal to the number of 
        aliens described in subsection (c)(2)(B) whose visas had not 
        been issued by October 1, 2022.
            (5) Order of issuance for subsequently filed 
        applications.--Subject to paragraph (4), the visas authorized 
        by subsection (c)(2)(B) shall be issued in the order in which 
        the petitions to accord status under section 203(a) of the 
        Immigration and Nationality Act were filed, as in effect the 
        minute before the effective date specified in section 
        2307(a)(3) of this Act.
    (f) Applicability of Certain Grounds of Inadmissibility.--In 
determining an alien's inadmissibility under this section, section 
212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(9)(B)) shall not apply.
    (g)  Eligibility in Years After 2028.--Beginning in fiscal year 
2029, aliens eligible for adjustment of status under subsection (c)(3) 
must be lawfully present in an employment authorized status for 20 
years prior to filing an application for adjustment of status.

SEC. 2303. REPEAL OF THE DIVERSITY VISA PROGRAM.

    (a) In General.--Title II (8 U.S.C. 1151 et seq.) is amended--
            (1) in section 201(a) (8 U.S.C. 1151(a))--
                    (A) in paragraph (1), by adding ``and'' at the end;
                    (B) in paragraph (2), by striking ``; and'' at the 
                end and inserting a period; and
                    (C) by striking paragraph (3);
            (2) in section 203 (8 U.S.C. 1153)--
                    (A) by striking subsection (c);
                    (B) in subsection (e)--
                            (i) by striking paragraph (2); and
                            (ii) by redesignating paragraph (3) as 
                        paragraph (2);
                    (C) in subsection (f), by striking ``(a), (b), or 
                (c) of this section'' and inserting ``(a) or (b)''; and
                    (D) in subsection (g), by striking ``(a), (b), and 
                (c)'' and inserting ``(a) and (b)''; and
            (3) in section 204 (8 U.S.C. 1154)--
                    (A) in subsection (a), as amended by section 
                2305(d)(6)(A)(i), by striking paragraph (8); and
                    (B) in subsection (e), by striking ``(a), (b), or 
                (c)'' and inserting ``(a) or (b)''.
    (b) Effective Date and Application.--
            (1) Effective date.--The amendments made by this section 
        shall take effect on October 1, 2014.
            (2) Application.--An alien who receives a notification from 
        the Secretary that the alien was selected to receive a 
        diversity immigrant visa under section 203(c) of the 
        Immigration and Nationality Act (8 U.S.C. 1153(c)) for fiscal 
        year 2013 or fiscal year 2014 shall remain eligible to receive 
        such visa under the rules of such section, as in effect on 
        September 30, 2014. No alien may be allocated such a diversity 
        immigrant visa for a fiscal year after fiscal year 2015.

SEC. 2304. WORLDWIDE LEVELS AND RECAPTURE OF UNUSED IMMIGRANT VISAS.

    (a) Employment-based Immigrants.--Section 201(d) (8 U.S.C. 1151(d)) 
is amended to read as follows:
    ``(d) Worldwide Level of Employment-based Immigrants.--
            ``(1) In general.--
                    ``(A) Worldwide level.--For a fiscal year after 
                fiscal year 2015, the worldwide level of employment-
                based immigrants under this subsection is equal to the 
                sum of--
                            ``(i) 140,000; and
                            ``(ii) the number computed under paragraph 
                        (2).
                    ``(B) Fiscal year 2015.--For fiscal year 2015, the 
                worldwide level of employment-based immigrants under 
                this subsection is equal to the sum of--
                            ``(i) 140,000;
                            ``(ii) the number computed under paragraph 
                        (2); and
                            ``(iii) the number computed under paragraph 
                        (3).
            ``(2) Previous fiscal year.--The number computed under this 
        paragraph for a fiscal year is the difference, if any, between 
        the maximum number of visas which may be issued under section 
        203(a) (relating to family-sponsored immigrants) during the 
        previous fiscal year and the number of visas issued under that 
        section during that year.
            ``(3) Unused visas.--The number computed under this 
        paragraph is the difference, if any, between--
                    ``(A) the sum of the worldwide levels established 
                under paragraph (1), as in effect on the day before the 
                date of the enactment of the Border Security, Economic 
                Opportunity, and Immigration Modernization Act, for 
                fiscal years 1992 through and including 2013; and
                    ``(B) the number of visas actually issued under 
                section 203(b) during such fiscal years.''.
    (b) Family-sponsored Immigrants.--Section 201(c) (8 U.S.C. 1151(c)) 
is amended to read as follows:
    ``(c) Worldwide Level of Family-sponsored Immigrants.--
            ``(1) In general.--
                    ``(A) Worldwide level.--Subject to subparagraph 
                (C), for each fiscal year after fiscal year 2015, the 
                worldwide level of family-sponsored immigrants under 
                this subsection for a fiscal year is equal to the sum 
                of--
                            ``(i) 480,000 minus the number computed 
                        under paragraph (2); and
                            ``(ii) the number computed under paragraph 
                        (3).
                    ``(B) Fiscal year 2015.--Subject to subparagraph 
                (C), for fiscal year 2015, the worldwide level of 
                family-sponsored immigrants under this subsection is 
                equal to the sum of--
                            ``(i) 480,000 minus the number computed 
                        under paragraph (2);
                            ``(ii) the number computed under paragraph 
                        (3); and
                            ``(iii) the number computed under paragraph 
                        (4).
                    ``(C) Limitation.--The number computed under 
                subparagraph (A)(i) or (B)(i) may not be less than 
                226,000, except that beginning on the date that is 18 
                months after the date of the enactment of the Border 
                Security, Economic Opportunity, and Immigration 
                Modernization Act, the number computed under 
                subparagraph (A)(i) or (B)(i) may not be less than 
                161,000.
            ``(2) Immediate relatives.--The number computed under this 
        paragraph for a fiscal year is the number of aliens described 
        in subparagraph (A) or (B) of subsection (b)(2) who were issued 
        immigrant visas, or who otherwise acquired the status of an 
        alien lawfully admitted to the United States for permanent 
        residence, in the previous fiscal year.
            ``(3) Previous fiscal year.--The number computed under this 
        paragraph for a fiscal year is the difference, if any, between 
        the maximum number of visas which may be issued under section 
        203(b) (relating to employment-based immigrants) during the 
        previous fiscal year and the number of visas issued under that 
        section during that year.
            ``(4) Unused visas.--The number computed under this 
        paragraph is the difference, if any, between--
                    ``(A) the sum of the worldwide levels established 
                under paragraph (1) for fiscal years 1992 through and 
                including 2013; and
                    ``(B) the number of visas actually issued under 
                section 203(a) during such fiscal years.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first fiscal year beginning after the 
date of the enactment of this Act.

SEC. 2305. RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF LAWFUL 
              PERMANENT RESIDENTS AS IMMEDIATE RELATIVES.

    (a) Immediate Relatives.--Section 201(b)(2) (8 U.S.C. 1151(b)(2)) 
is amended to read as follows:
            ``(2)(A) Aliens who are immediate relatives.
            ``(B) In this paragraph, the term `immediate relative' 
        means--
                    ``(i) a child, spouse, or parent of a citizen of 
                the United States, except that in the case of such a 
                parent such citizen shall be at least 21 years of age;
                    ``(ii) a child or spouse of an alien lawfully 
                admitted for permanent residence;
                    ``(iii) a child or spouse of an alien described in 
                clause (i), who is accompanying or following to join 
                the alien;
                    ``(iv) a child or spouse of an alien described in 
                clause (ii), who is accompanying or following to join 
                the alien;
                    ``(v) an alien admitted under section 211(a) on the 
                basis of a prior issuance of a visa to the alien's 
                accompanying parent who is an immediate relative; and
                    ``(vi) an alien born to an alien lawfully admitted 
                for permanent residence during a temporary visit 
                abroad.
            ``(C) If an alien who was the spouse or child of a citizen 
        of the United States or of an alien lawfully admitted for 
        permanent residence and was not legally separated from the 
        citizen or lawful permanent resident at the time of the 
        citizen's or lawful permanent resident's death files a petition 
        under section 204(a)(1)(B), the alien spouse (and each child of 
        the alien) shall remain, for purposes of this paragraph, an 
        immediate relative during the period beginning on the date of 
        the citizen's or permanent resident's death and ending on the 
        date on which the alien spouse remarries.
            ``(D) An alien who has filed a petition under clause (iii) 
        or (iv) of section 204(a)(1)(A) shall remain, for purposes of 
        this paragraph, an immediate relative if the United States 
        citizen or lawful permanent resident spouse or parent loses 
        United States citizenship on account of the abuse.''.
    (b) Allocation of Immigrant Visas.--Section 203(a) (8 U.S.C. 
1153(a)) is amended--
            (1) in paragraph (1), by striking ``23,400,'' and inserting 
        ``20 percent of the worldwide level of family-sponsored 
        immigrants under section 201(c)'';
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Unmarried sons and unmarried daughters of permanent 
        resident aliens.--Qualified immigrants who are the unmarried 
        sons or unmarried daughters (but are not the children) of an 
        alien lawfully admitted for permanent residence shall be 
        allocated visas in a number not to exceed 20 percent of the 
        worldwide level of family-sponsored immigrants under section 
        201(c), plus any visas not required for the class specified in 
        paragraph (1).'';
            (3) in paragraph (3)--
                    (A) by striking ``23,400,'' and inserting ``20 
                percent of the worldwide level of family-sponsored 
                immigrants under section 201(c)''; and
                    (B) by striking ``classes specified in paragraphs 
                (1) and (2).'' and inserting ``class specified in 
                paragraph (2).''; and
            (4) in paragraph (4)--
                    (A) by striking ``65,000,'' and inserting ``40 
                percent of the worldwide level of family-sponsored 
                immigrants under section 201(c)''; and
                    (B) by striking ``classes specified in paragraphs 
                (1) through (3).'' and inserting ``class specified in 
                paragraph (3).''.
    (c) Termination of Registration.--Section 203(g) (8 U.S.C. 1153(g)) 
is amended to read as follows:
    ``(g) Lists.--
            ``(1) In general.--For purposes of carrying out the orderly 
        administration of this title, the Secretary of State may make 
        reasonable estimates of the anticipated numbers of immigrant 
        visas to be issued during any quarter of any fiscal year within 
        each of the categories under subsections (a), (b), and (c) and 
        may rely upon such estimates in authorizing the issuance of 
        visas.
            ``(2) Termination of registration.--
                    ``(A) Information dissemination.--Not later than 
                180 days after the date of the enactment of the Border 
                Security, Economic Opportunity, and Immigration 
                Modernization Act, the Secretary of Homeland Security 
                and the Secretary of State shall adopt a plan to 
                broadly disseminate information to the public regarding 
                termination of registration procedures described in 
                subparagraphs (B) and (C), including procedures for 
                notifying the Department of Homeland Security and the 
                Department of State of any change of address on the 
                part of a petitioner or a beneficiary of an immigrant 
                visa petition.
                    ``(B) Termination for failure to adjust.--The 
                Secretary of Homeland Security shall terminate the 
                registration of any alien who has evidenced an 
                intention to acquire lawful permanent residence under 
                section 245 and who fails to apply to adjust status 
                within 1 year following notification to the alien of 
                the availability of an immigrant visa.
                    ``(C) Termination for failure to apply.--The 
                Secretary of State shall terminate the registration of 
                any alien not described in subparagraph (B) who fails 
                to apply for an immigrant visa within 1 year following 
                notification to the alien of the availability of such 
                visa.
            ``(3) Reinstatement.--The registration of any alien that 
        was terminated under paragraph (2) shall be reinstated if, 
        within 2 years following the date of notification of the 
        availability of such visa, the alien demonstrates that such 
        failure to apply was due to good cause.''.
    (d) Technical and Conforming Amendments.--
            (1) Definitions.--Section 101(a)(15)(K)(ii) (8 U.S.C. 
        1101(a)(15)(K)(ii)) is amended by striking ``section 
        201(b)(2)(A)(i)'' and inserting ``section 201(b)(2) (other than 
        clause (v) or (vi) of subparagraph (B))''.
            (2) Per country level.--Section 202(a)(1)(A) (8 U.S.C. 
        1152(a)(1)(A)) is amended by striking ``section 
        201(b)(2)(A)(i)'' and inserting ``section 201(b)(2) (other than 
        clause (v) or (vi) of subparagraph (B))''.
            (3) Rules for determining whether certain aliens are 
        immediate relatives.--Section 201(f) (8 U.S.C. 1151(f)) is 
        amended--
                    (A) in paragraph (1), by striking ``paragraphs (2) 
                and (3),'' and inserting ``paragraph (2),'';
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively; and
                    (D) in paragraph (3), as redesignated by 
                subparagraph (C), by striking ``through (3)'' and 
                inserting ``and (2)''.
            (4) Numerical limitation to any single foreign state.--
        Section 202(a)(4) (8 U.S.C. 1152(a)(4)) is amended--
                    (A) by striking subparagraphs (A) and (B);
                    (B) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (A) and (B), respectively; and
                    (C) in subparagraph (A), as redesignated by clause 
                (ii), by striking ``section 203(a)(2)(B)'' and 
                inserting ``section 203(a)(2)''.
            (5) Allocation of immigrant visas.--Section 203(h) (8 
        U.S.C. 1153(h)) is amended--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``subsections (a)(2)(A) and 
                        (d)'' and inserting ``subsection (d)'';
                            (ii) in subparagraph (A), by striking 
                        ``becomes available for such alien (or, in the 
                        case of subsection (d), the date on which an 
                        immigrant visa number became available for the 
                        alien's parent),'' and inserting ``became 
                        available for the alien's parent,''; and
                            (iii) in subparagraph (B), by striking 
                        ``applicable'';
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Petitions described.--The petition described in this 
        paragraph is a petition filed under section 204 for 
        classification of the alien's parent under subsection (a), (b), 
        or (c).''; and
                    (C) by amending paragraph (3) to read as follows:
            ``(3) Retention of priority date.--
                    ``(A) Petitions filed for children.--For a petition 
                originally filed to classify a child under subsection 
                (d), if the age of the alien is determined under 
                paragraph (1) to be 21 years of age or older on the 
                date that a visa number becomes available to the 
                alien's parent who was the principal beneficiary of the 
                petition, then, upon the parent's admission to lawful 
                permanent residence in the United States, the petition 
                shall automatically be converted to a petition filed by 
                the parent for classification of the alien under 
                subsection (a)(2) and the petition shall retain the 
                priority date established by the original petition.
                    ``(B) Family and employment-based petitions.--The 
                priority date for any family- or employment-based 
                petition shall be the date of filing of the petition 
                with the Secretary of Homeland Security (or the 
                Secretary of State, if applicable), unless the filing 
                of the petition was preceded by the filing of a labor 
                certification with the Secretary of Labor, in which 
                case that date shall constitute the priority date. The 
                beneficiary of any petition shall retain his or her 
                earliest priority date based on any petition filed on 
                his or her behalf that was approvable when filed, 
                regardless of the category of subsequent petitions.''.
            (6) Procedure for granting immigrant status.--
                    (A) Petitioning procedure.--Section 204 (8 U.S.C. 
                1154) is amended--
                            (i) by striking subsection (a) and 
                        inserting the following:
    ``(a) Petitioning Procedure.--
            ``(1) In general.--(A) Except as provided in subparagraph 
        (H), any citizen of the United States or alien lawfully 
        admitted for permanent residence claiming that an alien is 
        entitled to classification by reason of a relationship 
        described in subparagraph (A) or (B) of section 203(a)(1) or to 
        an immediate relative status under section 201(b)(2)(A) may 
        file a petition with the Secretary of Homeland Security for 
        such classification.
            ``(B) An alien spouse or alien child described in section 
        201(b)(2)(C) may file a petition with the Secretary under this 
        paragraph for classification of the alien (and the alien's 
        children) under such section.
            ``(C)(i) An alien who is described in clause (ii) may file 
        a petition with the Secretary under this subparagraph for 
        classification of the alien (and any child of the alien) if the 
        alien demonstrates to the Secretary that--
                    ``(I) the marriage or the intent to marry the 
                citizen of the United States or lawful permanent 
                resident was entered into in good faith by the alien; 
                and
                    ``(II) during the marriage or relationship intended 
                by the alien to be legally a marriage, the alien or a 
                child of the alien has been battered or has been the 
                subject of extreme cruelty perpetrated by the alien's 
                spouse or intended spouse.
            ``(ii) For purposes of clause (i), an alien described in 
        this clause is an alien--
                    ``(I)(aa) who is the spouse of a citizen of the 
                United States or lawful permanent resident;
                    ``(bb) who believed that he or she had married a 
                citizen of the United States or lawful permanent 
                resident and with whom a marriage ceremony was actually 
                performed and who otherwise meets any applicable 
                requirements under this Act to establish the existence 
                of and bona fides of a marriage, but whose marriage is 
                not legitimate solely because of the bigamy of such 
                citizen of the United States or lawful permanent 
                resident; or
                    ``(cc) who was a bona fide spouse of a citizen of 
                the United States or a lawful permanent resident within 
                the past 2 years and--
                            ``(AA) whose spouse died within the past 2 
                        years;
                            ``(BB) whose spouse renounced citizenship 
                        status or renounced or lost status as a lawful 
                        permanent resident within the past 2 years 
                        related to an incident of domestic violence; or
                            ``(CC) who demonstrates a connection 
                        between the legal termination of the marriage 
                        within the past 2 years and battering or 
                        extreme cruelty by a spouse who is a citizen of 
                        the United States or a lawful permanent 
                        resident spouse;
                    ``(II) who is a person of good moral character;
                    ``(III) who is eligible to be classified as an 
                immediate relative under section 201(b)(2)(A) or who 
                would have been so classified but for the bigamy of the 
                citizen of the United States that the alien intended to 
                marry; and
                    ``(IV) who has resided with the alien's spouse or 
                intended spouse.
            ``(D) An alien who is the child of a citizen or lawful 
        permanent resident of the United States, or who was a child of 
        a United States citizen or lawful permanent resident parent who 
        within the past 2 years lost or renounced citizenship status 
        related to an incident of domestic violence, and who is a 
        person of good moral character, who is eligible to be 
        classified as an immediate relative under section 201(b)(2)(A), 
        and who resides, or has resided in the past, with the citizen 
        or lawful permanent resident parent may file a petition with 
        the Secretary of Homeland Security under this paragraph for 
        classification of the alien (and any child of the alien) under 
        such section if the alien demonstrates to the Secretary that 
        the alien has been battered by or has been the subject of 
        extreme cruelty perpetrated by the alien's citizen or lawful 
        permanent resident parent. For purposes of this subparagraph, 
        residence includes any period of visitation.
            ``(E) An alien who--
                    ``(i) is the spouse, intended spouse, or child 
                living abroad of a citizen or lawful permanent resident 
                who--
                            ``(I) is an employee of the United States 
                        Government;
                            ``(II) is a member of the uniformed 
                        services (as defined in section 101(a) of title 
                        10, United States Code); or
                            ``(III) has subjected the alien or the 
                        alien's child to battery or extreme cruelty in 
                        the United States; and
                    ``(ii) is eligible to file a petition under 
                subparagraph (C) or (D),
        shall file such petition with the Secretary of Homeland 
        Security under the procedures that apply to self-petitioners 
        under subparagraph (C) or (D), as applicable.
            ``(F) For the purposes of any petition filed under 
        subparagraph (C) or (D), the denaturalization, loss or 
        renunciation of citizenship or lawful permanent resident 
        status, death of the abuser, divorce, or changes to the 
        abuser's citizenship or lawful permanent resident status after 
        filing of the petition shall not adversely affect the approval 
        of the petition, and for approved petitions shall not preclude 
        the classification of the eligible self-petitioning spouse or 
        child as an immediate relative or affect the alien's ability to 
        adjust status under subsections (a) and (c) of section 245 or 
        obtain status as a lawful permanent resident based on the 
        approved self-petition under such clauses.
            ``(G) An alien may file a petition with the Secretary of 
        Homeland Security under this paragraph for classification of 
        the alien under section 201(b)(2)(A) if the alien--
                    ``(i) is the parent of a citizen of the United 
                States or was a parent of a citizen of the United 
                States who, within the past 2 years, lost or renounced 
                citizenship status related to an incident of domestic 
                violence or died;
                    ``(ii) is a person of good moral character;
                    ``(iii) is eligible to be classified as an 
                immediate relative under section 201(b)(2)(A);
                    ``(iv) resides, or has resided, with the citizen 
                daughter or son; and
                    ``(v) demonstrates that the alien has been battered 
                or subject to extreme cruelty by the citizen daughter 
                or son.
            ``(H)(i) Subparagraph (A) shall not apply to a citizen of 
        the United States who has been convicted of a specified offense 
        against a minor, unless the Secretary of Homeland Security, in 
        the Secretary's sole and unreviewable discretion, determines 
        that the citizen poses no risk to the alien with respect to 
        whom a petition described in subparagraph (A) is filed.
            ``(ii) For purposes of clause (i), the term `specified 
        offense against a minor' has the meaning given such term in 
        section 111 of the Adam Walsh Child Protection and Safety Act 
        of 2006 (42 U.S.C. 16911).
            ``(2) Determination of good moral character.--
        Notwithstanding section 101(f), an act or conviction that is 
        waivable with respect to the petitioner for purposes of a 
        determination of the petitioner's admissibility under section 
        212(a) or deportability under section 237(a) shall not bar the 
        Secretary of Homeland Security from finding the petitioner to 
        be of good moral character under subparagraph (C) or (D) of 
        paragraph (1), if the Secretary finds that the act or 
        conviction was connected to the alien's having been battered or 
        subjected to extreme cruelty.
            ``(3) Preference status.--(A)(i) Any child who attains 21 
        years of age who has filed a petition under paragraph (1)(D) 
        that was filed or approved before the date on which the child 
        attained 21 years of age shall be considered (if the child has 
        not been admitted or approved for lawful permanent residence by 
        the date the child attained 21 years of age) a petitioner for 
        preference status under paragraph (1), (2), or (3) of section 
        203(a), whichever paragraph is applicable, with the same 
        priority date assigned to the self-petition filed under 
        paragraph (1)(D). No new petition shall be required to be 
        filed.
            ``(ii) Any individual described in clause (i) is eligible 
        for deferred action and work authorization.
            ``(iii) Any derivative child who attains 21 years of age 
        who is included in a petition described in subparagraph (B) 
        that was filed or approved before the date on which the child 
        attained 21 years of age shall be considered (if the child has 
        not been admitted or approved for lawful permanent residence by 
        the date the child attained 21 years of age) a VAWA self-
        petitioner with the same priority date as that assigned to the 
        petitioner in any petition described in subparagraph (B). No 
        new petition shall be required to be filed.
            ``(iv) Any individual described in clause (iii) and any 
        derivative child of a petitioner described in subparagraph (B) 
        is eligible for deferred action and work authorization.
            ``(B) The petition referred to in subparagraph (A)(iii) is 
        a petition filed by an alien under subparagraph (C) or (D) of 
        paragraph (1) in which the child is included as a derivative 
        beneficiary.
            ``(C) Nothing in the amendments made by the Child Status 
        Protection Act (Public Law 107-208; 116 Stat. 927) shall be 
        construed to limit or deny any right or benefit provided under 
        this paragraph.
            ``(D) Any alien who benefits from this paragraph may adjust 
        status in accordance with subsections (a) and (c) of section 
        245 as an alien having an approved petition for classification 
        under subparagraph (C) or (D) of paragraph (1).
            ``(E) For purposes of this paragraph, an individual who is 
        not less than 21 years of age, who qualified to file a petition 
        under paragraph (1)(D) as of the minute before the date on 
        which the individual attained 21 years of age, and who did not 
        file such a petition before such day, shall be treated as 
        having filed a petition under such paragraph as of such day if 
        a petition is filed for the status described in such paragraph 
        before the individual attains 25 years of age and the 
        individual shows that the abuse was at least 1 central reason 
        for the filing delay. Subparagraphs (A) through (D) shall apply 
        to an individual described in this subparagraph in the same 
        manner as an individual filing a petition under paragraph 
        (1)(D).
            ``(4) Classification as alien with extraordinary ability.--
        Any alien desiring to be classified under subparagraph (I), 
        (J), (K), (L), or (M) of section 201(b)(1) or section 
        203(b)(1)(A), or any person on behalf of such an alien, may 
        file a petition with the Secretary of Homeland Security for 
        such classification.
            ``(5) Classification as employment-based immigrant.--Any 
        employer desiring and intending to employ within the United 
        States an alien entitled to classification under paragraph 
        (1)(B), (1)(C), (2), or (3) of section 203(b) may file a 
        petition with the Secretary of Homeland Security for such 
        classification.
            ``(6) Classification as special immigrant.--(A) Any alien 
        (other than a special immigrant under section 101(a)(27)(D)) 
        desiring to be classified under section 203(b)(4), or any 
        person on behalf of such an alien, may file a petition with the 
        Secretary of Homeland Security for such classification.
            ``(B) Aliens claiming status as a special immigrant under 
        section 101(a)(27)(D) may file a petition only with the 
        Secretary of State and only after notification by the Secretary 
        that such status has been recommended and approved pursuant to 
        such section.
            ``(7) Classification as immigrant investor.--Any alien 
        desiring to be classified under paragraph (5) or (6) of section 
        203(b) may file a petition with the Secretary of Homeland 
        Security for such classification.
            ``(8) Diversity visa.--(A) Any alien desiring to be 
        provided an immigrant visa under section 203(c) may file a 
        petition at the place and time determined by the Secretary of 
        State by regulation. Only 1 such petition may be filed by an 
        alien with respect to any petitioning period established. If 
        more than 1 petition is submitted all such petitions submitted 
        for such period by the alien shall be voided.
            ``(B)(i) The Secretary of State shall designate a period 
        for the filing of petitions with respect to visas which may be 
        issued under section 203(c) for the fiscal year beginning after 
        the end of the period.
            ``(ii) Aliens who qualify, through random selection, for a 
        visa under section 203(c) shall remain eligible to receive such 
        visa only through the end of the specific fiscal year for which 
        they were selected.
            ``(iii) The Secretary of State shall prescribe such 
        regulations as may be necessary to carry out this subparagraph.
            ``(C) A petition under this paragraph shall be in such form 
        as the Secretary of State may by regulation prescribe and shall 
        contain such information and be supported by such documentary 
        evidence as the Secretary of State may require.
            ``(D) Each petition to compete for consideration for a visa 
        under section 203(c) shall be accompanied by a fee equal to 
        $30. All amounts collected under this subparagraph shall be 
        deposited into the Treasury as miscellaneous receipts.
            ``(9) Consideration of credible evidence.--In acting on 
        petitions filed under subparagraph (C) or (D) of paragraph (1), 
        or in making determinations under paragraphs (2) and (3), the 
        Secretary of Homeland Security shall consider any credible 
        evidence relevant to the petition. The determination of what 
        evidence is credible and the weight to be given that evidence 
        shall be within the sole discretion of the Secretary.
            ``(10) Work authorization.--(A) Upon the approval of a 
        petition as a VAWA self-petitioner, the alien--
                    ``(i) is eligible for work authorization; and
                    ``(ii) may be provided an `employment authorized' 
                endorsement or appropriate work permit incidental to 
                such approval.
            ``(B) Notwithstanding any provision of this Act restricting 
        eligibility for employment in the United States, the Secretary 
        of Homeland Security shall grant employment authorization to an 
        alien who has filed an application for status as a VAWA self-
        petitioner on the date that is the earlier of--
                    ``(i) the date on which the alien's application for 
                such status is approved; or
                    ``(ii) a date determined by the Secretary that is 
                not later than 180 days after the date on which the 
                alien filed the application.
            ``(11) Limitation.--Notwithstanding paragraphs (1) through 
        (10), an individual who was a VAWA petitioner or who had the 
        status of a nonimmigrant under subparagraph (T) or (U) of 
        section 101(a)(15) may not file a petition for classification 
        under this section or section 214 to classify any person who 
        committed the battery or extreme cruelty or trafficking against 
        the individual (or the individual's child), which established 
        the individual's (or individual's child's) eligibility as a 
        VAWA petitioner or for such nonimmigrant status.'';
                            (ii) in subsection (c)(1), by striking ``or 
                        preference status''; and
                            (iii) in subsection (h), by striking ``or a 
                        petition filed under subsection 
                        (a)(1)(B)(ii)''.
                    (B) Conforming amendments.--The Act (8 U.S.C. 1101 
                et seq.) is amended--
                            (i) in section 101(a)--
                                    (I) in paragraph (15)(K), by 
                                striking ``204(a)(1)(A)(viii)(I)'' each 
                                place such term appears and inserting 
                                ``204(a)(1)(H)(i)'';
                                    (II) in paragraph (50), by striking 
                                ``204(a)(1)(A)(iii)(II)(aa)(BB), 
                                204(a)(1)(B)(ii)(II)(aa)(BB),'' and 
                                inserting ``204(a)(1)(C)(ii)(I)(bb) 
                                or''; and
                                    (III) in paragraph (51)--
                                            (aa) in subparagraph (A), 
                                        by striking ``204(a)(1)(A)'' 
                                        and inserting ``204(a)(1)'';
                                            (bb) by striking 
                                        subparagraph (B); and
                                            (cc) by redesignating 
                                        subparagraphs (C), (D), (E), 
                                        (F), and (G) as subparagraphs 
                                        (B), (C), (D), (E), and (F), 
                                        respectively;
                            (ii) in section 212(a)(4)(C)(i)--
                                    (I) in subclause (I), by striking 
                                ``clause (ii), (iii), or (iv) of 
                                section 204(a)(1)(A), or'' and 
                                inserting ``subparagraph (B), (C), or 
                                (D) of section 204(a)(1);'';
                                    (II) by striking subclause (II); 
                                and
                                    (III) by redesignating subclause 
                                (III) as subclause (II);
                            (iii) in section 216(c)(4)(D), by striking 
                        ``204(a)(1)(A)(iii)(II)(aa)(BB)'' and inserting 
                        ``204(a)(1)(C)(ii)(I)(bb)''; and
                            (iv) in section 240(c)(7)(C)(iv)(I), by 
                        striking ``clause (iii) or (iv) of section 
                        204(a)(1)(A), clause (ii) or (iii) of section 
                        204(a)(1)(B),'' and inserting ``subparagraph 
                        (C) or (D) of section 204(a)(1),''.
            (7) Excludable aliens.--Section 212(d)(12)(B) (8 U.S.C. 
        1182(d)(12)(B)) is amended by striking ``section 201(b)(2)(A)'' 
        and inserting ``section 201(b)(2) (other than subparagraph 
        (B)(vi))''.
            (8) Admission of nonimmigrants.--Section 214(r)(3)(A) (8 
        U.S.C. 1184(r)(3)(A)) is amended by striking ``section 
        201(b)(2)(A)(i).'' and inserting ``section 201(b)(2) (other 
        than clause (v) or (vi) of subparagraph (B)).''.
            (9) Refugee crisis in iraq act of 2007.--Section 1243(a)(4) 
        of the Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note) 
        is amended by striking ``section 201(b)(2)(A)(i)'' and 
        inserting ``section 201(b)(2) (other than clause (v) or (vi) of 
        subparagraph (B))''.
            (10) Processing of visa applications.--Section 233 of the 
        Department of State Authorization Act, Fiscal Year 2003 (8 
        U.S.C. 1201 note) is amended by striking ``section 
        201(b)(2)(A)(i)'' and inserting ``section 201(b)(2) (other than 
        clause (v) or (vi) of subparagraph (B))''.
            (11) Adjustment of status.--Section 245(a) (8 U.S.C. 
        1255(a)) is amended to read as follows:
    ``(a)(1) The status of an alien who was inspected and admitted or 
paroled into the United States or the status of any other alien having 
an approved petition for classification as a VAWA self-petitioner may 
be adjusted by the Attorney General or the Secretary of Homeland 
Security, in the Attorney General's or the Secretary's discretion and 
under such regulations as the Attorney General or Secretary may 
prescribe, to that of an alien lawfully admitted for permanent 
residence (regardless of whether the alien has already been admitted 
for permanent residence) if--
            ``(A) the alien makes an application for such adjustment;
            ``(B) the alien is eligible to receive an immigrant visa 
        and is admissible to the United States for permanent residence; 
        and
            ``(C) subject to paragraph (2), an immigrant visa is 
        immediately available to the alien at the time the alien's 
        application is filed.
    ``(2)(A) An application that is based on a petition approved or 
approvable under subparagraph (A) or (B) of section 204(a)(1) may be 
filed without regard to the limitation set forth in paragraph (1)(C).
    ``(B) An application for adjustment filed for an alien under this 
paragraph may not be approved until such time as an immigrant visa 
becomes available for the alien.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 2306. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN STATES.

    (a) Numerical Limitation to Any Single Foreign State.--Section 
202(a)(2) (8 U.S.C. 1152(a)(2)) is amended--
            (1) in the paragraph heading, by striking ``and employment-
        based'';
            (2) by striking ``(3), (4), and (5),'' and inserting ``(3) 
        and (4),'';
            (3) by striking ``subsections (a) and (b) of section 203'' 
        and inserting ``section 203(a)'';
            (4) by striking ``7'' and inserting ``15''; and
            (5) by striking ``such subsections'' and inserting ``such 
        section''.
    (b) Conforming Amendments.--Section 202 (8 U.S.C. 1152) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by striking ``both 
                subsections (a) and (b) of section 203'' and inserting 
                ``section 203(a)''; and
                    (B) by striking paragraph (5); and
            (2) by amending subsection (e) to read as follows:
    ``(e) Special Rules for Countries at Ceiling.--If it is determined 
that the total number of immigrant visas made available under section 
203(a) to natives of any single foreign state or dependent area will 
exceed the numerical limitation specified in subsection (a)(2) in any 
fiscal year, in determining the allotment of immigrant visa numbers to 
natives under section 203(a), visa numbers with respect to natives of 
that state or area shall be allocated (to the extent practicable and 
otherwise consistent with this section and section 203) in a manner so 
that, except as provided in subsection (a)(4), the proportion of the 
visa numbers made available under each of paragraphs (1) through (4) of 
section 203(a) is equal to the ratio of the total number of visas made 
available under the respective paragraph to the total number of visas 
made available under section 203(a).''.
    (c) Country-specific Offset.--Section 2 of the Chinese Student 
Protection Act of 1992 (8 U.S.C. 1255 note) is amended--
            (1) in subsection (a), by striking ``subsection (e))'' and 
        inserting ``subsection (d))''; and
            (2) by striking subsection (d) and redesignating subsection 
        (e) as subsection (d).
    (d) Effective Date.--The amendments made by this section shall take 
effect 1 year after the date of the enactment of this Act.

SEC. 2307. ALLOCATION OF IMMIGRANT VISAS.

    (a) Preference Allocation for Family-sponsored Immigrants.--
            (1) In general.--Section 203(a) (8 U.S.C. 1153(a)), as 
        amended by section 2305(b), is further amended to read as 
        follows:
    ``(a) Preference Allocation for Family-sponsored Immigrants.--
Aliens subject to the worldwide level specified in section 201(c) for 
family-sponsored immigrants shall be allotted visas as follows:
            ``(1) Sons and daughters of citizens.--Qualified immigrants 
        who are--
                    ``(A) the unmarried sons or unmarried daughters but 
                not the children of citizens of the United States shall 
                be allocated visas in a number not to exceed 35 percent 
                of the worldwide level authorized in section 201(c), 
                plus the sum of--
                            ``(i) the number of visas not required for 
                        the class specified in paragraph (2) for the 
                        current fiscal year; and
                            ``(ii) the number of visas not required for 
                        the class specified in subparagraph (B); or
                    ``(B) the married sons or married daughters of 
                citizens of the United States who are 31 years of age 
                or younger at the time of filing a petition under 
                section 204 shall be allocated visas in a number not to 
                exceed 25 percent of the worldwide level authorized in 
                section 201(c), plus the number of any visas not 
                required for the class specified in subparagraph (A) 
                current fiscal year.
            ``(2) Sons and daughters of permanent residents.--Qualified 
        immigrants who are the unmarried sons or unmarried daughters of 
        aliens admitted for permanent residence shall be allocated 
        visas in a number not to exceed 40 percent of the worldwide 
        level authorized in section 201(c), plus any visas not required 
        for the class specified in paragraph (1)(A).''.
            (2) Conforming amendments.--
                    (A) Procedure for granting immigrant status.--
                Section 204(f)(1) (8 U.S.C. 1154(f)(1)) is amended by 
                striking ``section 201(b), 203(a)(1), or 203(a)(3),'' 
                and inserting ``section 201(b) or subparagraph (A) or 
                (B) of section 203(a)(1)''.
                    (B) Automatic conversion.--For the purposes of any 
                petition pending or approved based on a relationship 
                described--
                            (i) in subparagraph (A) of section 
                        203(a)(1) of the Immigration and Nationality 
                        Act (8 U.S.C. 1153(a)(1)), as amended by 
                        paragraph (1), and notwithstanding the age of 
                        the alien, such a petition shall be deemed 
                        reclassified as a petition based on a 
                        relationship described in subparagraph (B) of 
                        such section 203(a)(1) upon the marriage of 
                        such alien; or
                            (ii) in subparagraph (B) of such section 
                        203(a)(1), such a petition shall be deemed 
                        reclassified as a petition based on a 
                        relationship described in subparagraph (A) of 
                        such section 203(a)(1) upon the legal 
                        termination of marriage or death of such 
                        alien's spouse.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on the first day of the first fiscal year 
        that begins at least 18 months following the date of the 
        enactment of this Act.
    (b) Preference Allocation for Employment-Based Immigrants.--
            (1) In general.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)), 
        as amended by sections 2103(c) and 2212(d), is further amended 
        by adding at the end the following:
                    ``(H) Derivative beneficiaries as described in 
                section 203(d) of employment-based immigrants under 
                section 203(b).
                    ``(I) Aliens with extraordinary ability in the 
                sciences, arts, education, business, or athletics which 
                has been demonstrated by sustained national or 
                international acclaim, if, with respect to any such 
                alien--
                            ``(i) the achievements of such alien have 
                        been recognized in the field through extensive 
                        documentation;
                            ``(ii) such alien seeks to enter the United 
                        States to continue work in the area of 
                        extraordinary ability; and
                            ``(iii) the entry of such alien into the 
                        United States will substantially benefit 
                        prospectively the United States.
                    ``(J) Aliens who are outstanding professors and 
                researchers if, with respect to any such alien--
                            ``(i) the alien is recognized 
                        internationally as outstanding in a specific 
                        academic area;
                            ``(ii) the alien has at least 3 years of 
                        experience in teaching or research in the 
                        academic area; and
                            ``(iii) the alien seeks to enter the United 
                        States--
                                    ``(I) to be employed in a tenured 
                                position (or tenure-track position) 
                                within a not for profit university or 
                                institution of higher education to 
                                teach in the academic area;
                                    ``(II) for employment in a 
                                comparable position with a not for 
                                profit university or institution of 
                                higher education, or a governmental 
                                research organization, to conduct 
                                research in the area; or
                                    ``(III) for employment in a 
                                comparable position to conduct research 
                                in the area with a department, 
                                division, or institute of a private 
                                employer, if the department, division, 
                                or institute employs at least 3 persons 
                                full-time in research activities and 
                                has achieved documented accomplishments 
                                in an academic field.
                    ``(K) Aliens who are multinational executives and 
                managers if, with respect to any such alien--
                            ``(i) in the 3 years preceding the time of 
                        the alien's application for classification and 
                        admission into the United States under this 
                        subparagraph, the alien has been employed for 
                        at least 1 year by a firm or corporation or 
                        other legal entity or an affiliate or 
                        subsidiary thereof; and
                            ``(ii) the alien seeks to enter the United 
                        States in order to continue to render services 
                        to the same employer or to a subsidiary or 
                        affiliate thereof in a capacity that is 
                        managerial or executive.
                    ``(L) Aliens who have earned a doctorate degree 
                from an institution of higher education in the United 
                States or the foreign equivalent.
                    ``(M) Alien physicians who have completed the 
                foreign residency requirements under section 212(e) or 
                obtained a waiver of these requirements or an exemption 
                requested by an interested State agency or by an 
                interested Federal agency under section 214(l), 
                including those alien physicians who completed such 
                service before the date of the enactment of the Border 
                Security, Economic Opportunity, and Immigration 
                Modernization Act.
                    ``(N) Advanced degrees in a stem field.--
                            ``(i) In general.--An immigrant who--
                                    ``(I) has earned a master's or 
                                higher degree in a field of science, 
                                technology, engineering, or mathematics 
                                included in the Department of 
                                Education's Classification of 
                                Instructional Programs taxonomy within 
                                the summary groups of computer and 
                                information sciences and support 
                                services, engineering, mathematics and 
                                statistics, biological and biomedical 
                                sciences, and physical sciences, from a 
                                United States institution of higher 
                                education;
                                    ``(II) has an offer of employment 
                                from a United States employer in a 
                                field related to such degree; and
                                    ``(III) earned the qualifying 
                                graduate degree during the 5-year 
                                period immediately before the initial 
                                filing date of the petition under which 
                                the nonimmigrant is a beneficiary.
                            ``(ii) Definition.--In this subparagraph, 
                        the term `United States institution of higher 
                        education' means an institution that--
                                    ``(I) is described in section 
                                101(a) of the Higher Education Act of 
                                1965 (20 U.S.C. 1001(a)) or is a 
                                proprietary institution of higher 
                                education (as defined in section 102(b) 
                                of such Act (20 U.S.C. 1002(b)));
                                    ``(II) was classified by the 
                                Carnegie Foundation for the Advancement 
                                of Teaching on January 1, 2012, as a 
                                doctorate-granting university with a 
                                very high or high level of research 
                                activity or classified by the National 
                                Science Foundation after the date of 
                                enactment of this subparagraph, 
                                pursuant to an application by the 
                                institution, as having equivalent 
                                research activity to those institutions 
                                that had been classified by the 
                                Carnegie Foundation as being doctorate-
                                granting universities with a very high 
                                or high level of research activity; and
                                    ``(III) is accredited by an 
                                accrediting body that is itself 
                                accredited either by the Department of 
                                Education or by the Council for Higher 
                                Education Accreditation.''.
            (2) Exception from labor certification requirement for stem 
        immigrants.--Section 212(a)(5)(D) (8 U.S.C. 1182(a)(5)(D)) is 
        amended to read as follows:
                    ``(D) Application of grounds.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the grounds for inadmissibility of 
                        aliens under subparagraphs (A) and (B) shall 
                        apply to immigrants seeking admission or 
                        adjustment of status under paragraph (2) or (3) 
                        of section 203(b).
                            ``(ii) Special rule for stem immigrants.--
                        The grounds for inadmissibility of aliens under 
                        subparagraph (A) shall not apply to an 
                        immigrant seeking admission or adjustment of 
                        status under section 203(b)(2)(B) or 
                        201(b)(1)(N).''.
    (c) Technical and Conforming Amendments.--
            (1) Treatment of derivative family members.--Section 203(d) 
        (8 U.S.C. 1153(d)) is amended to read as follows:
    ``(d) Treatment of Family Members.--If accompanying or following to 
join a spouse or parent issued a visa under subsection (a), (b), or 
(c), subparagraph (I), (J), (K), (L), or (M) of section 201(b)(1), or 
section 201(b)(2), a spouse or child (as defined in subparagraph (A), 
(B), (C), (D), or (E) of section 101(b)(1)) shall be entitled to the 
same immigrant status and the same order of consideration provided in 
the respective provision.''.
            (2) Aliens who are priority workers or members of the 
        professions holding advanced degrees.--Section 203(b) (8 U.S.C. 
        1153(b)) is amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``Aliens'' and inserting ``Other than aliens 
                described in paragraph (1) or (2)(B), aliens'';
                    (B) in paragraph (1), by striking the matter 
                preceding subparagraph (A) and inserting ``Aliens 
                described in any of the following subparagraphs may be 
                admitted to the United States without respect to the 
                worldwide level specified in section 201(d)''; and
                    (C) by amending paragraph (2) to read as follows:
            ``(2) Aliens who are members of professions holding 
        advanced degrees or prospective employees of national security 
        facilities.--
                    ``(A) In general.--Visas shall be made available, 
                in a number not to exceed 40 percent of the worldwide 
                level authorized in section 201(d), plus any visas not 
                required for the classes specified in paragraph (5) to 
                qualified immigrants who are either of the following:
                            ``(i) Members of the professions holding 
                        advanced degrees or their equivalent whose 
                        services in the sciences, arts, professions, or 
                        business are sought by an employer in the 
                        United States, including alien physicians 
                        holding foreign medical degrees that have been 
                        deemed sufficient for acceptance by an 
                        accredited United States medical residency or 
                        fellowship program.
                            ``(ii) Prospective employees, in a research 
                        capacity, of Federal national security, 
                        science, and technology laboratories, centers, 
                        and agencies, if such immigrants have been 
                        lawfully present in the United States for two 
                        years prior to employment (unless the Secretary 
                        of Homeland Security determines, including upon 
                        request of the prospective laboratory, center, 
                        or agency, that exceptional circumstances exist 
                        justifying waiver of the presence requirement).
                    ``(B) Waiver of job offer.--
                            ``(i) National interest waiver.--Subject to 
                        clause (ii), the Secretary of Homeland Security 
                        may, if the Secretary deems it to be in the 
                        national interest, waive the requirements of 
                        subparagraph (A) that an alien's services in 
                        the sciences, arts, professions, or business be 
                        sought by an employer in the United States.
                            ``(ii) Physicians working in shortage areas 
                        or veterans facilities.--
                                    ``(I) In general.--The Secretary 
                                shall grant a national interest waiver 
                                pursuant to clause (i) on behalf of any 
                                alien physician with respect to whom a 
                                petition for preference classification 
                                has been filed under subparagraph (A) 
                                if--
                                            ``(aa) the alien physician 
                                        agrees to work on a full- time 
                                        basis practicing primary care, 
                                        specialty medicine, or a 
                                        combination thereof, in an area 
                                        or areas designated by the 
                                        Secretary of Health and Human 
                                        Services as having a shortage 
                                        of health care professionals or 
                                        at a health care facility under 
                                        the jurisdiction of the 
                                        Secretary of Veterans Affairs; 
                                        or
                                            ``(bb) the alien physician 
                                        is pursuing such waiver based 
                                        upon service at a facility or 
                                        facilities that serve patients 
                                        who reside in a geographic area 
                                        or areas designated by the 
                                        Secretary of Health and Human 
                                        Services as having a shortage 
                                        of health care professionals 
                                        (without regard to whether such 
                                        facility or facilities are 
                                        located within such an area) 
                                        and a Federal agency or a 
                                        local, county, regional, or 
                                        State department of public 
                                        health determines that the 
                                        alien physician's work at such 
                                        facility was or will be in the 
                                        public interest.
                                    ``(II) Prohibition.--
                                            ``(aa) No permanent 
                                        resident visa may be issued to 
                                        an alien physician described in 
                                        subclause (I) by the Secretary 
                                        of State under section 204(b), 
                                        and the Secretary of Homeland 
                                        Security may not adjust the 
                                        status of such an alien 
                                        physician from that of a 
                                        nonimmigrant alien to that of a 
                                        permanent resident alien under 
                                        section 245, until such time as 
                                        the alien has worked full time 
                                        as a physician for an aggregate 
                                        of 5 years (not including the 
                                        time served in the status of an 
                                        alien described in section 
                                        101(a)(15)(J)), in an area or 
                                        areas designated by the 
                                        Secretary of Health and Human 
                                        Services as having a shortage 
                                        of health care professionals or 
                                        at a health care facility under 
                                        the jurisdiction of the 
                                        Secretary of Veterans Affairs, 
                                        or at a facility or facilities 
                                        meeting the requirements of 
                                        subclause (I)(bb).
                                            ``(bb) The 5-year service 
                                        requirement of item (aa) shall 
                                        be counted from the date the 
                                        alien physician begins work in 
                                        the shortage area in any legal 
                                        status and not the date an 
                                        immigrant visa petition is 
                                        filed or approved. Such service 
                                        shall be aggregated without 
                                        regard to when such service 
                                        began and without regard to 
                                        whether such service began 
                                        during or in conjunction with a 
                                        course of graduate medical 
                                        education.
                                            ``(cc) An alien physician 
                                        shall not be required to submit 
                                        an employment contract with a 
                                        term exceeding the balance of 
                                        the 5-year commitment yet to be 
                                        served, nor an employment 
                                        contract dated within a minimum 
                                        time period prior to filing of 
                                        a visa petition pursuant to 
                                        this subsection.
                                            ``(dd) An alien physician 
                                        shall not be required to file 
                                        additional immigrant visa 
                                        petitions upon a change of work 
                                        location from the location 
                                        approved in the original 
                                        national interest immigrant 
                                        petition.
                                    ``(III) Statutory construction.--
                                Nothing in this subparagraph may be 
                                construed to prevent the filing of a 
                                petition with the Secretary of Homeland 
                                Security for classification under 
                                section 204(a), by an alien physician 
                                described in subclause (I) prior to the 
                                date by which such alien physician has 
                                completed the service described in 
                                subclause (II) or in section 214(l).
                    ``(C) Guidance and rules.--The Secretary may 
                prescribe such policy guidance and rules as the 
                Secretary considers appropriate for purposes of 
                subparagraph (A) to ensure national security and 
                promote the interests and competitiveness of the United 
                States. Such rules shall include a definition of the 
                term `Federal national security, science, and 
                technology laboratories, centers, and agencies' for 
                purposes of clause (ii) of subparagraph (A), which 
                shall include the following:
                            ``(i) The national security, science, and 
                        technology laboratories, centers, and agencies 
                        of the Department of Defense, the Department of 
                        Energy, the Department of Homeland Security, 
                        the elements of the intelligence community (as 
                        that term is defined in section 4(3) of the 
                        National Security Act of 1947), and any other 
                        department or agency of the Federal Government 
                        that conducts or funds research and development 
                        in the essential national interest.
                            ``(ii) Federally funded research and 
                        development centers (FFRDCs) that are primarily 
                        supported by a department or agency of the 
                        Federal Government specified in clause (i).''.
            (3) Skilled workers, professionals, and other workers.--
                    (A) In general.--Section 203(b)(3)(A) (8 U.S.C. 
                1153(b)(3)(A)) is amended by striking ``in a number not 
                to exceed 28.6 percent of such worldwide level, plus 
                any visas not required for the classes specified in 
                paragraphs (1) and (2),'' and inserting ``in a number 
                not to exceed 40 percent of the worldwide level 
                authorized in section 201(d), plus any visas not 
                required for the class specified in paragraph (2),''.
                    (B) Medical license requirements.--Section 
                214(i)(2)(A) (8 U.S.C. 1184(i)(2)(A)) is amended by 
                adding at the end ``including in the case of a medical 
                doctor, the licensure required to practice medicine in 
                the United States,''.
                    (C) Repeal of limitation on other workers.--Section 
                203(b)(3) (8 U.S.C. 1153(b)(3)) is amended--
                            (i) by striking subparagraph (B); and
                            (ii) redesignated subparagraph (C) as 
                        subparagraph (B).
            (4) Certain special immigrants.--Section 203(b)(4) (8 
        U.S.C. 1153(b)(4)) is amended by striking ``in a number not to 
        exceed 7.1 percent of such worldwide level,'' and inserting 
        ``in a number not to exceed 10 percent of the worldwide level 
        authorized in section 201(d), plus any visas not required for 
        the class specified in paragraph (3),''.
            (5) Employment creation.--Section 203(b)(5)(A) (8 U.S.C. 
        1153(b)(5)(A)) is amended by striking ``in a number not to 
        exceed 7.1 percent of such worldwide level,'' and inserting 
        ``in a number not to exceed 10 percent of the worldwide level 
        authorized in section 201(d), plus any visas not required for 
        the class specified in paragraph (4),''.
    (d) Naturalization of Employees of Certain National Security 
Facilities Without Regard to Residency Requirements.--Section 316 (8 
U.S.C. 1427) is amended by adding at the end the following:
    ``(g)(1) Any person who, while an alien or a noncitizen national of 
the United States, has been employed in a research capacity at a 
Federal national security, science, and technology laboratory, center, 
or agency (as defined pursuant to section 203(b)(2)(C)) for a period or 
periods aggregating one year or more may, in the discretion of the 
Secretary, be naturalized without regard to the residence requirements 
of this section if the person--
            ``(A) has complied with all requirements as determined by 
        the Secretary of Homeland Security, the Secretary of Defense, 
        the Secretary of Energy, or the head of a petitioning 
        department or agency of the Federal Government, including 
        contractual requirements to maintain employment in a research 
        capacity with a Federal national security, science, and 
        technology laboratory, center, or agency for a period not to 
        exceed five years; and
            ``(B) has favorably completed and adjudicated a background 
        investigation at the appropriate level, from the employing 
        department or agency of the Federal Government within the last 
        five years.
    ``(2) The number of aliens or noncitizen nationals naturalized in 
any fiscal year under this subsection shall not exceed a number as 
defined by the Secretary of Homeland Security, in consultation with the 
head of the petitioning department or agency of the Federal 
Government.''.

SEC. 2308. INCLUSION OF COMMUNITIES ADVERSELY AFFECTED BY A 
              RECOMMENDATION OF THE DEFENSE BASE CLOSURE AND 
              REALIGNMENT COMMISSION AS TARGETED EMPLOYMENT AREAS.

    (a) In General.--Section 203(b)(5)(B)(ii) (8 U.S.C. 
1153(b)(5)(B)(ii)) is amended by inserting ``, any community adversely 
affected by a recommendation by the Defense Base Closure and 
Realignment Commission,'' after ``rural area''.
    (b) Regulations.--The Secretary, in consultation with the Secretary 
of Defense, shall implement the amendment made by subsection (a) 
through appropriate regulations.

SEC. 2309. V NONIMMIGRANT VISAS.

    (a) Nonimmigrant Eligibility.--Subparagraph (V) of section 
101(a)(15) (8 U.S.C. 1101(a)(15)) is amended to read as follows:
                    ``(V)(i) subject to section 214(q)(1) and section 
                212(a)(4), an alien who is the beneficiary of an 
                approved petition under section 203(a) as--
                            ``(I) the unmarried son or unmarried 
                        daughter of a citizen of the United States;
                            ``(II) the unmarried son or unmarried 
                        daughter of an alien lawfully admitted for 
                        permanent residence; or
                            ``(III) the married son or married daughter 
                        of a citizen of the United States and who is 31 
                        years of age or younger; or
                    ``(ii) subject to section 214(q)(2), an alien who 
                is--
                            ``(I) the sibling of a citizen of the 
                        United States; or
                            ``(II) the married son or married daughter 
                        of a citizen of the United States and who is 
                        older than 31 years of age;''.
    (b) Employment and Period of Admission of Nonimmigrants Described 
in Section 101(a)(15)(V).--Section 214(q) (8 U.S.C. 1184(q)) is amended 
to read as follows:
    ``(q) Nonimmigrants Described in Section 101(a)(15)(V).--
            ``(1) Certain sons and daughters.--
                    ``(A) Employment authorization.--The Secretary 
                shall--
                            ``(i) authorize a nonimmigrant admitted 
                        pursuant to section 101(a)(15)(V)(i) to engage 
                        in employment in the United States during the 
                        period of such nonimmigrant's authorized 
                        admission; and
                            ``(ii) provide such a nonimmigrant with an 
                        `employment authorized' endorsement or other 
                        appropriate document signifying authorization 
                        of employment.
                    ``(B) Termination of admission.--The period of 
                authorized admission for such a nonimmigrant shall 
                terminate 30 days after the date on which--
                            ``(i) such nonimmigrant's application for 
                        an immigrant visa pursuant to the approval of a 
                        petition under subsection (a) or (c) of section 
                        203 is denied; or
                            ``(ii) such nonimmigrant's application for 
                        adjustment of status under section 245 pursuant 
                        to the approval of such a petition is denied.
            ``(2) Siblings and sons and daughters of citizens.--
                    ``(A) Employment authorization.--The Secretary may 
                not authorize a nonimmigrant admitted pursuant to 
                section 101(a)(15)(V)(ii) to engage in employment in 
                the United States.
                    ``(B) Period of admission.--The period of 
                authorized admission as such a nonimmigrant may not 
                exceed 60 days per fiscal year.
                    ``(C) Treatment of period of admission.--An alien 
                admitted under section 101(a)(15)(V) may not receive an 
                allocation of points pursuant to section 203(c) for 
                residence in the United States while admitted as such a 
                nonimmigrant.''.
    (c) Public Benefits.--A noncitizen who is lawfully present in the 
United States pursuant to section 101(a)(15)(V) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(V)) is not eligible for any 
means-tested public benefits (as such term is defined and implemented 
in section 403 of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1613)). A noncitizen admitted 
under this section--
            (1) is not entitled to the premium assistance tax credit 
        authorized under section 36B of the Internal Revenue Code of 
        1986 for his or her coverage;
            (2) shall be subject to the rules applicable to individuals 
        not lawfully present that are set forth in subsection (e) of 
        such section;
            (3) shall be subject to the rules applicable to individuals 
        not lawfully present that are set forth in section 1402(e) of 
        the Patient Protection and Affordable Care Act (42 U.S.C. 
        18071(e)); and
            (4) shall be subject to the rules applicable to individuals 
        not lawfully present set forth in section 5000A(d)(3) of the 
        Internal Revenue Code of 1986.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first fiscal year beginning after the 
date of the enactment of this Act.

SEC. 2310. FIANCEE AND FIANCE CHILD STATUS PROTECTION.

    (a) Definition.--Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)), 
as amended by section 2305(d)(6)(B)(i)(I), is further amended--
            (1) in clause (i), by inserting ``or of an alien lawfully 
        admitted for permanent residence'' after ``204(a)(1)(H)(i))'';
            (2) in clause (ii), by inserting ``or of an alien lawfully 
        admitted for permanent residence'' after ``204(a)(1)(H)(i))''; 
        and
            (3) in clause (iii), by striking the semicolon and 
        inserting ``, provided that a determination of the age of such 
        child is made using the age of the alien on the date on which 
        the fiance, fiancee, or immigrant visa petition is filed with 
        the Secretary of Homeland Security to classify the alien's 
        parent as the fiancee or fiance of a United States citizen or 
        of an alien lawfully admitted for permanent residence (in the 
        case of an alien parent described in clause (i)) or as the 
        spouse of a citizen of the United States or of an alien 
        lawfully admitted to permanent residence under section 
        201(b)(2)(A) (in the case of an alien parent described in 
        clause (ii));''.
    (b) Adjustment of Status Authorized.--Section 214(d) (8 U.S.C. 
1184(d)) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) in paragraph (1), by striking ``In the event'' and all 
        that follows through the end; and
            (3) by inserting after paragraph (1) the following:
    ``(2)(A) If an alien does not marry the petitioner under paragraph 
(1) within 3 months after the alien and the alien's children are 
admitted into the United States, the visa previously issued under the 
provisions of section 1101(a)(15)(K)(i) shall automatically expire and 
such alien and children shall be required to depart from the United 
States. If such aliens fail to depart from the United States, they 
shall be placed in proceedings in accordance with sections 240 and 241.
    ``(B) Subject to subparagraphs (C) and (D), if an alien marries the 
petitioner described in section 101(a)(15)(K)(i) within 90 days after 
the alien is admitted into the United States, the Secretary or the 
Attorney General, subject to the provisions of section 245(d), may 
adjust the status of the alien, and any children accompanying or 
following to join the alien, to that of an alien lawfully admitted for 
permanent residence on a conditional basis under section 216 if the 
alien and any such children apply for such adjustment and are not 
determined to be inadmissible to the United States. If the alien does 
not apply for such adjustment within 6 months after the marriage, the 
visa issued under the provisions of section 1101(a)(15)(K) shall 
automatically expire.
    ``(C) Paragraphs (5) and (7)(A) of section 212(a) shall not apply 
to an alien who is eligible to apply for adjustment of the alien's 
status to an alien lawfully admitted for permanent residence under this 
section.
    ``(D) An alien eligible for a waiver of inadmissibility as 
otherwise authorized under this Act or the Border Security, Economic 
Opportunity, and Immigration Modernization Act shall be permitted to 
apply for adjustment of the alien's status to that of an alien lawfully 
admitted for permanent residence under this section.''.
    (c) Age Determination.--Section 245(d) (8 U.S.C. 1255(d)) is 
amended--
            (1) by striking ``The Attorney General'' and inserting 
        ``(1) The Secretary of Homeland Security'';
            (2) in paragraph (1), as redesignated, by striking 
        ``Attorney General'' and inserting ``Secretary''; and
            (3) by adding at the end the following:
    ``(2) A determination of the age of an alien admitted to the United 
States under section 101(a)(15)(K)(iii) shall be made, for purposes of 
adjustment to the status of an alien lawfully admitted for permanent 
residence on a conditional basis under section 216, using the age of 
the alien on the date on which the fiance, fiancee, or immigrant visa 
petition was filed with the Secretary of Homeland Security to classify 
the alien's parent as the fiancee or fiance of a United States citizen 
or of an alien lawfully admitted to permanent residence (in the case of 
an alien parent admitted to the United States under section 
101(a)(15)(K)(i)) or as the spouse of a United States citizen or of an 
alien lawfully admitted to permanent residence under section 
201(b)(2)(A) (in the case of an alien parent admitted to the United 
States under section 101(a)(15)(K)(ii)).''.
    (d) Applicability.--The amendments made by this section shall apply 
to all petitions or applications described in such amendments that are 
pending as of the date of the enactment of the Border Security, 
Economic Opportunity, and Immigration Modernization Act.
    (e) Technical and Conforming Amendments.--
            (1) Definitions.--Section 101(a)(15)(K) (8 U.S.C. 
        1101(a)(15)(K)), as amended by subsection (a), is further 
        amended--
                    (A) in clause (ii), by striking ``section 
                201(b)(2)(A)(i)'' and inserting ``section 201(b)(2)''; 
                and
                    (B) in clause (iii), by striking ``section 
                201(b)(2)(A)(i)'' and inserting ``section 201(b)(2)''.
            (2) Age determination.--Paragraph (2) of section 245(d) (8 
        U.S.C. 1255(d)), as added by subsection (c), is amended by 
        striking section ``201(b)(2)(A)(i)'' and inserting 
        ``201(b)(2)''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on the first day of the first fiscal year 
        beginning no earlier than 1 year after the date of the 
        enactment of this Act.

SEC. 2311. EQUAL TREATMENT FOR ALL STEPCHILDREN.

    Section 101(b)(1)(B) (8 U.S.C. 1101(b)(1)(B)) is amended by 
striking ``eighteen years'' and inserting ``21 years''.

SEC. 2312. MODIFICATION OF ADOPTION AGE REQUIREMENTS.

    Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is amended--
            (1) in subparagraph (E)--
                    (A) by striking ``(E)(i)'' and inserting ``(E)'';
                    (B) by striking ``under the age of sixteen years'' 
                and inserting ``younger than 18 years of age, or a 
                child adopted when 18 years of age or older if the 
                adopting parent or parents initiated the legal adoption 
                process before the child reached 18 years of age'';
                    (C) by striking ``; or'' and inserting a semicolon; 
                and
                    (D) by striking clause (ii);
            (2) in subparagraph (F)--
                    (A) by striking ``(F)(i)'' and inserting ``(F)'';
                    (B) by striking ``sixteen'' and inserting ``18'';
                    (C) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security''; and
                    (D) by striking clause (ii); and
            (3) in subparagraph (G), by striking ``16'' and inserting 
        ``18''.

SEC. 2313. RELIEF FOR ORPHANS, WIDOWS, AND WIDOWERS.

    (a) In General.--
            (1) Special rule for orphans and spouses.--In applying 
        clauses (iii) and (iv) of section 201(b)(2)(B) of the 
        Immigration and Nationality Act, as added by section 2305(a) of 
        this Act, to an alien whose citizen or lawful permanent 
        resident relative died before the date of the enactment of this 
        Act, the alien relative may file the classification petition 
        under section 204(a)(1)(A)(ii) of the Immigration and 
        Nationality Act not later than 2 years after the date of the 
        enactment of this Act.
            (2) Eligibility for parole.--If an alien was excluded, 
        deported, removed, or departed voluntarily before the date of 
        the enactment of this Act based solely upon the alien's lack of 
        classification as an immediate relative (as defined in section 
        201(b)(2)(B)(iv) of the Immigration and Nationality Act, as 
        amended by section 2305(a) of this Act) due to the death of 
        such citizen or resident--
                    (A) such alien shall be eligible for parole into 
                the United States pursuant to the Secretary's 
                discretionary authority under section 212(d)(5) of such 
                Act (8 U.S.C. 1182(d)(5)); and
                    (B) such alien's application for adjustment of 
                status shall be considered by the Secretary 
                notwithstanding section 212(a)(9) of such Act (8 U.S.C. 
                1182(a)(9)).
            (3) Eligibility for parole.--If an alien described in 
        section 204(l) of the Immigration and Nationality Act (8 U.S.C. 
        1154(l)) was excluded, deported, removed, or departed 
        voluntarily before the date of the enactment of this Act--
                    (A) such alien shall be eligible for parole into 
                the United States pursuant to the Secretary's 
                discretionary authority under section 212(d)(5) of such 
                Act (8 U.S.C. 1182(d)(5)); and
                    (B) such alien's application for adjustment of 
                status shall be considered by the Secretary 
                notwithstanding section 212(a)(9) of such Act (8 U.S.C. 
                1182(a)(9)).
    (b) Processing of Immigrant Visas and Derivative Petitions.--
            (1) In general.--Section 204(b) (8 U.S.C. 1154(b)) is 
        amended--
                    (A) by striking ``After an investigation'' and 
                inserting ``(1) After an investigation''; and
                    (B) by adding at the end the following:
    ``(2)(A) Any alien described in subparagraph (B) whose qualifying 
relative died before the completion of immigrant visa processing may 
have an immigrant visa application adjudicated as if such death had not 
occurred. An immigrant visa issued before the death of the qualifying 
relative shall remain valid after such death.
    ``(B) An alien described in this subparagraph is an alien who--
            ``(i) is an immediate relative (as described in section 
        201(b)(2)(B));
            ``(ii) is a family-sponsored immigrant (as described in 
        subsection (a) or (d) of section 203);
            ``(iii) is a derivative beneficiary of an employment-based 
        immigrant under section 203(b) (as described in section 
        203(d)); or
            ``(iv) is the spouse or child of a refugee (as described in 
        section 207(c)(2)) or an asylee (as described in section 
        208(b)(3)).''.
            (2) Transition period.--
                    (A) In general.--Notwithstanding a denial or 
                revocation of an application for an immigrant visa for 
                an alien due to the death of the qualifying relative 
                before the date of the enactment of this Act, such 
                application may be renewed by the alien through a 
                motion to reopen, without fee.
                    (B) Inapplicability of bars to entry.--
                Notwithstanding section 212(a)(9) of the Immigration 
                and Nationality Act (8 U.S.C. 1182(a)(9)), an alien's 
                application for an immigrant visa shall be considered 
                if the alien was excluded, deported, removed, or 
                departed voluntarily before the date of the enactment 
                of this Act.
    (c) Naturalization.--Section 319(a) (8 U.S.C. 1430(a)) is amended 
by striking ``States,'' and inserting ``States (or if the spouse is 
deceased, the spouse was a citizen of the United States),''.
    (d) Waivers of Inadmissibility.--Section 212 (8 U.S.C. 1182) is 
amended by adding at the end the following:
    ``(v) Continued Waiver Eligibility for Widows, Widowers, and 
Orphans.--In the case of an alien who would have been statutorily 
eligible for any waiver of inadmissibility under this Act but for the 
death of a qualifying relative, the eligibility of such alien shall be 
preserved as if the death had not occurred and the death of the 
qualifying relative shall be the functional equivalent of hardship for 
purposes of any waiver of inadmissibility which requires a showing of 
hardship.''.
    (e) Surviving Relative Consideration for Certain Petitions and 
Applications.--Section 204(l)(1) (8 U.S.C. 1154(l)(1)) is amended--
            (1) by striking ``who resided in the United States at the 
        time of the death of the qualifying relative and who continues 
        to reside in the United States''; and
            (2) by striking ``related applications,'' and inserting 
        ``related applications (including affidavits of support),''.
    (f) Family-sponsored Immigrants.--Section 212(a)(4)(C)(i) (8 U.S.C. 
1182(a)(4)(C)(i)), as amended by section 2305(d)(6)(B)(iii), is further 
amended by adding at the end the following:
                                    ``(III) the status as a surviving 
                                relative under 204(l); or''.

SEC. 2314. DISCRETIONARY AUTHORITY WITH RESPECT TO REMOVAL, 
              DEPORTATION, OR INADMISSIBILITY OF CITIZEN AND RESIDENT 
              IMMEDIATE FAMILY MEMBERS.

    (a) Applications for Relief From Removal.--Section 240(c)(4) (8 
U.S.C. 1229a(c)(4)) is amended by adding at the end the following:
                    ``(D) Judicial discretion.--In the case of an alien 
                subject to removal, deportation, or inadmissibility, 
                the immigration judge may exercise discretion to 
                decline to order the alien removable, deportable, or 
                inadmissible from the United States and terminate 
                proceedings if the judge determines that such removal, 
                deportation, or inadmissibility is against the public 
                interest or would result in hardship to the alien's 
                United States citizen or lawful permanent resident 
                parent, spouse, or child, or the judge determines the 
                alien is prima facie eligible for naturalization except 
                that this subparagraph shall not apply to an alien whom 
                the judge determines--
                            ``(i) is inadmissible or deportable under--
                                    ``(I) subparagraph (B), (C), 
                                (D)(ii), (E), (H), (I), or (J) of 
                                section 212(a)(2);
                                    ``(II) section 212(a)(3);
                                    ``(III) subparagraph (A), (C), or 
                                (D) of section 212(a)(10); or
                                    ``(IV) paragraph (2)(A)(ii), 
                                (2)(A)(v), (2)(F), (4), or (6) of 
                                section 237(a); or
                            ``(ii) has--
                                    ``(I) engaged in conduct described 
                                in paragraph (8) or (9) of section 103 
                                of the Trafficking Victims Protection 
                                Act of 2000 (22 U.S.C. 7102); or
                                    ``(II) a felony conviction 
                                described in section 101(a)(43) that 
                                would have been classified as an 
                                aggravated felony at the time of 
                                conviction.''.
    (b) Secretary's Discretion.--Section 212 (8 U.S.C. 1182), as 
amended by section 2313(d), is further amended by adding at the end the 
following:
    ``(w) Secretary's Discretion.--In the case of an alien who is 
inadmissible under this section or deportable under section 237, the 
Secretary of Homeland Security may exercise discretion to waive a 
ground of inadmissibility or deportability if the Secretary determines 
that such removal or refusal of admission is against the public 
interest or would result in hardship to the alien's United States 
citizen or permanent resident parent, spouse, or child. This subsection 
shall not apply to an alien whom the Secretary determines--
            ``(1) is inadmissible or deportable under--
                    ``(A) subparagraph (B), (C), (D)(ii), (E), (H), 
                (I), or (J) of subsection (a)(2);
                    ``(B) subsection (a)(3);
                    ``(C) subparagraph (A), (C), or (D) of subsection 
                (a)(10);
                    ``(D) paragraphs (2)(A)(ii), (2)(A)(v), (2)(F), or 
                (6) of section 237(a); or
                    ``(E) section 240(c)(4)(D)(ii)(II); or
            ``(2) has--
                    ``(A) engaged in conduct described in paragraph (8) 
                or (9) of section 103 of the Trafficking Victims 
                Protection Act of 2000 (22 U.S.C. 7102); or
                    ``(B) a felony conviction described in section 
                101(a)(43) that would have been classified as an 
                aggravated felony at the time of conviction.''.
    (c) Reinstatement of Removal Orders.--Section 241(a)(5) (8 U.S.C. 
1231(a)(5)) is amended by striking the period at the end and inserting 
``, unless the alien reentered prior to attaining the age of 18 years, 
or reinstatement of the prior order of removal would not be in the 
public interest or would result in hardship to the alien's United 
States citizen or permanent resident parent, spouse, or child.''.

SEC. 2315. WAIVERS OF INADMISSIBILITY.

    (a) Aliens Who Entered as Children.--Section 212(a)(9)(B)(iii) (8 
U.S.C. 1182(a)(9)(B)(iii)) is amended by adding at the end the 
following:
                                    ``(VI) Aliens who entered as 
                                children.--Clause (i) shall not apply 
                                to an alien who is the beneficiary of 
                                an approved petition under 
                                101(a)(15)(H) and who has earned a 
                                baccalaureate or higher degree from a 
                                United States institution of higher 
                                education (as defined in section 101(a) 
                                of the Higher Education Act of 1965 (20 
                                U.S.C. 1001(a)), and had not yet 
                                reached the age of 16 years at the time 
                                of initial entry to the United 
                                States.''.
    (b) Aliens Unlawfully Present.--Section 212(a)(9)(B)(v) (8 U.S.C. 
1181(a)(9)(B)(v) is amended--
            (1) by striking ``spouse or son or daughter'' and inserting 
        ``spouse, son, daughter, or parent'';
            (2) by striking ``extreme''; and
            (3) by inserting ``, child,'' after ``lawfully resident 
        spouse''.
    (c) Previous Immigration Violations.--Section 212(a)(9)(C)(i) (8 
U.S.C. 1182(a)(9)(C)(i)) is amended by adding ``, other than an alien 
described in clause (iii) or (iv) of subparagraph (B),'' after ``Any 
alien''.
    (d) False Claims.--
            (1) Inadmissibility.--
                    (A) In general.--Section 212(a)(6)(C) (8 U.S.C. 
                1182(a)(6)(C)) is amended to read as follows:
                    ``(C) Misrepresentation.--
                            ``(i) In general.--Any alien who, by fraud 
                        or willfully misrepresenting a material fact, 
                        seeks to procure (or within the last 3 years 
                        has sought to procure or has procured) a visa, 
                        other documentation, or admission into the 
                        United States or other benefit provided under 
                        this Act is inadmissible.
                            ``(ii) Falsely claiming citizenship.--
                                    ``(I) Inadmissibility.--Subject to 
                                subclause (II), any alien who knowingly 
                                misrepresents himself or herself to be 
                                a citizen of the United States for any 
                                purpose or benefit under this chapter 
                                (including section 274A) or any other 
                                Federal or State law is inadmissible.
                                    ``(II) Special rule for children.--
                                An alien shall not be inadmissible 
                                under this clause if the 
                                misrepresentation described in 
                                subclause (I) was made by the alien 
                                when the alien--
                                            ``(aa) was under 18 years 
                                        of age; or
                                            ``(bb) otherwise lacked the 
                                        mental competence to knowingly 
                                        misrepresent a claim of United 
                                        States citizenship.
                            ``(iii) Waiver.--The Attorney General or 
                        the Secretary of Homeland Security may, in the 
                        discretion of the Attorney General or the 
                        Secretary, waive the application of clause (i) 
                        or (ii)(I) for an alien, regardless whether the 
                        alien is within or outside the United States, 
                        if the Attorney General or the Secretary finds 
                        that a determination of inadmissibility to the 
                        United States for such alien would--
                                    ``(I) result in extreme hardship to 
                                the alien or to the alien's parent, 
                                spouse, son, or daughter who is a 
                                citizen of the United States or an 
                                alien lawfully admitted for permanent 
                                residence; or
                                    ``(II) in the case of a VAWA self-
                                petitioner, result in significant 
                                hardship to the alien or a parent or 
                                child of the alien who is a citizen of 
                                the United States, an alien lawfully 
                                admitted for permanent residence, or a 
                                qualified alien (as defined in section 
                                431 of the Personal Responsibility and 
                                Work Opportunity Reconciliation Act of 
                                1996 (8 U.S.C. 1641(b))).
                            ``(iv) Limitation on review.--No court 
                        shall have jurisdiction to review a decision or 
                        action of the Attorney General or the Secretary 
                        regarding a waiver under clause (iii).''.
                    (B) Conforming amendment.--Section 212 (8 U.S.C. 
                1182) is amended by striking subsection (i).
            (2) Deportability.--Section 237(a)(3)(D) (8 U.S.C. 
        1227(a)(3)(D)) is amended to read as follows:
                    ``(D) Falsely claiming citizenship.--Any alien 
                described in section 212(a)(6)(C)(ii) is deportable.''.

SEC. 2316. CONTINUOUS PRESENCE.

    Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) is amended to read as 
follows:
            ``(1) Termination of continuous period.--For purposes of 
        this section, any period of continuous residence or continuous 
        physical presence in the United States shall be deemed to end, 
        except in the case of an alien who applies for cancellation of 
        removal under subsection (b)(2), on the date that a notice to 
        appear is filed with the Executive Office for Immigration 
        Review pursuant to section 240.''.

SEC. 2317. GLOBAL HEALTH CARE COOPERATION.

    (a) Temporary Absence of Aliens Providing Health Care in Developing 
Countries.--
            (1) In general.--Title III (8 U.S.C. 1401 et seq.) is 
        amended by inserting after section 317 the following:

``SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTH CARE IN 
              DEVELOPING COUNTRIES.

    ``(a) In General.--Notwithstanding any other provision of this Act, 
the Secretary of Homeland Security shall allow an eligible alien and 
the spouse or child of such alien to reside in a candidate country 
during the period that the eligible alien is working as a physician or 
other health care worker in a candidate country. During such period the 
eligible alien and such spouse or child shall be considered--
            ``(1) to be physically present and residing in the United 
        States for purposes of naturalization under section 316(a); and
            ``(2) to meet the continuous residency requirements under 
        section 316(b).
    ``(b) Definitions.--In this section:
            ``(1) Candidate country.--The term `candidate country' 
        means a country that the Secretary of State determines to be--
                    ``(A) eligible for assistance from the 
                International Development Association, in which the per 
                capita income of the country is equal to or less than 
                the historical ceiling of the International Development 
                Association for the applicable fiscal year, as defined 
                by the International Bank for Reconstruction and 
                Development;
                    ``(B) classified as a lower middle income country 
                in the then most recent edition of the World 
                Development Report for Reconstruction and Development 
                published by the International Bank for Reconstruction 
                and Development and having an income greater than the 
                historical ceiling for International Development 
                Association eligibility for the applicable fiscal year; 
                or
                    ``(C) qualified to be a candidate country due to 
                special circumstances, including natural disasters or 
                public health emergencies.
            ``(2) Eligible alien.--The term `eligible alien' means an 
        alien who--
                    ``(A) has been lawfully admitted to the United 
                States for permanent residence; and
                    ``(B) is a physician or other healthcare worker.
    ``(c) Consultation.--The Secretary of Homeland Security shall 
consult with the Secretary of State in carrying out this section.
    ``(d) Publication.--The Secretary of State shall publish--
            ``(1) not later than 180 days after the date of the 
        enactment of the Border Security, Economic Opportunity, and 
        Immigration Modernization Act, a list of candidate countries;
            ``(2) an updated version of the list required by paragraph 
        (1) not less often than once each year; and
            ``(3) an amendment to the list required by paragraph (1) at 
        the time any country qualifies as a candidate country due to 
        special circumstances under subsection (b)(1)(C).''.
            (2) Rulemaking.--
                    (A) Requirement.--Not later than 180 days after the 
                date of the enactment of this Act, the Secretary shall 
                promulgate regulations to carry out the amendments made 
                by this subsection.
                    (B) Content.--The regulations promulgated pursuant 
                to subparagraph (A) shall--
                            (i) permit an eligible alien (as defined in 
                        section 317A of the Immigration and Nationality 
                        Act, as added by subsection (a)) and the spouse 
                        or child of the eligible alien to reside in a 
                        foreign country to work as a physician or other 
                        healthcare worker as described in subsection 
                        (a) of such section 317A for not less than a 
                        12-month period and not more than a 24-month 
                        period, and shall permit the Secretary to 
                        extend such period for an additional period not 
                        to exceed 12 months, if the Secretary 
                        determines that such country has a continuing 
                        need for such a physician or other healthcare 
                        worker;
                            (ii) provide for the issuance of documents 
                        by the Secretary to such eligible alien, and 
                        such spouse or child, if appropriate, to 
                        demonstrate that such eligible alien, and such 
                        spouse or child, if appropriate, is authorized 
                        to reside in such country under such section 
                        317A; and
                            (iii) provide for an expedited process 
                        through which the Secretary shall review 
                        applications for such an eligible alien to 
                        reside in a foreign country pursuant to 
                        subsection (a) of such section 317A if the 
                        Secretary of State determines a country is a 
                        candidate country pursuant to subsection 
                        (b)(1)(C) of such section 317A.
            (3) Technical and conforming amendments.--
                    (A) Definition.--Section 101(a)(13)(C)(ii) (8 
                U.S.C. 1101(a)(13)(C)(ii)) is amended by adding 
                ``except in the case of an eligible alien, or the 
                spouse or child of such alien, who is authorized to be 
                absent from the United States under section 317A,'' at 
                the end.
                    (B) Documentary requirements.--Section 211(b) (8 
                U.S.C. 1181(b)) is amended by inserting ``, including 
                an eligible alien authorized to reside in a foreign 
                country under section 317A and the spouse or child of 
                such eligible alien, if appropriate,'' after 
                ``101(a)(27)(A),''.
                    (C) Ineligible aliens.--Section 212(a)(7)(A)(i)(I) 
                (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting 
                ``other than an eligible alien authorized to reside in 
                a foreign country under section 317A and the spouse or 
                child of such eligible alien, if appropriate,'' after 
                ``Act,''.
            (4) Clerical amendment.--The table of contents of such Act 
        is amended by inserting after the item relating to section 317 
        the following:

``Sec. 317A. Temporary absence of aliens providing health care in 
                            developing countries.''.
    (b) Attestation by Health Care Workers.--
            (1) Attestation requirement.--Section 212(a)(5) (8 U.S.C. 
        1182(a)(5)) is amended by adding at the end the following:
                    ``(E) Health care workers with other obligations.--
                            ``(i) In general.--An alien who seeks to 
                        enter the United States for the purpose of 
                        performing labor as a physician or other health 
                        care worker is inadmissible unless the alien 
                        submits to the Secretary of Homeland Security 
                        or the Secretary of State, as appropriate, an 
                        attestation that the alien is not seeking to 
                        enter the United States for such purpose during 
                        any period in which the alien has an 
                        outstanding obligation to the government of the 
                        alien's country of origin or the alien's 
                        country of residence.
                            ``(ii) Obligation defined.--In this 
                        subparagraph, the term `obligation' means an 
                        obligation incurred as part of a valid, 
                        voluntary individual agreement in which the 
                        alien received financial assistance to defray 
                        the costs of education or training to qualify 
                        as a physician or other health care worker in 
                        consideration for a commitment to work as a 
                        physician or other health care worker in the 
                        alien's country of origin or the alien's 
                        country of residence.
                            ``(iii) Waiver.--The Secretary of Homeland 
                        Security may waive a finding of inadmissibility 
                        under clause (i) if the Secretary determines 
                        that--
                                    ``(I) the obligation was incurred 
                                by coercion or other improper means;
                                    ``(II) the alien and the government 
                                of the country to which the alien has 
                                an outstanding obligation have reached 
                                a valid, voluntary agreement, pursuant 
                                to which the alien's obligation has 
                                been deemed satisfied, or the alien has 
                                shown to the satisfaction of the 
                                Secretary that the alien has been 
                                unable to reach such an agreement 
                                because of coercion or other improper 
                                means; or
                                    ``(III) the obligation should not 
                                be enforced due to other extraordinary 
                                circumstances, including undue hardship 
                                that would be suffered by the alien in 
                                the absence of a waiver.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date that is 180 days after the date 
        of the enactment of this Act.
            (3) Application.--Not later than the effective date 
        described in paragraph (2), the Secretary shall begin to carry 
        out subparagraph (E) of section 212(a)(5) of the Immigration 
        and Nationality Act, as added by paragraph (1), including the 
        requirement for the attestation and the granting of a waiver 
        described in clause (iii) of such subparagraph (E), regardless 
        of whether regulations to implement such subparagraph have been 
        promulgated.

SEC. 2318. EXTENSION AND IMPROVEMENT OF THE IRAQI SPECIAL IMMIGRANT 
              VISA PROGRAM.

    The Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note) is 
amended--
            (1) in section 1242, by amending subsection (c) to read as 
        follows:
    ``(c) Improved Application Process.--Not later than 120 days after 
the date of the enactment of the Border Security, Economic Opportunity, 
and Immigration Modernization Act, the Secretary of State and the 
Secretary of Homeland Security, in consultation with the Secretary of 
Defense, shall improve the efficiency by which applications for special 
immigrant visas under section 1244(a) are processed so that all steps 
incidental to the issuance of such visas, including required screenings 
and background checks, are completed not later than 9 months after the 
date on which an eligible alien applies for such visa.'';
            (2) in section 1244--
                    (A) in subsection (b)--
                            (i) in paragraph (1)--
                                    (I) by amending subparagraph (B) to 
                                read as follows:
                    ``(B) was or is employed in Iraq on or after March 
                20, 2003, for not less than 1 year, by, or on behalf 
                of--
                            ``(i) the United States Government;
                            ``(ii) a media or nongovernmental 
                        organization headquartered in the United 
                        States; or
                            ``(iii) an organization or entity closely 
                        associated with the United States mission in 
                        Iraq that has received United States Government 
                        funding through an official and documented 
                        contract, award, grant, or cooperative 
                        agreement;'';
                                    (II) in subparagraph (C), by 
                                striking ``the United States 
                                Government'' and inserting ``an entity 
                                or organization described in 
                                subparagraph (B)''; and
                                    (III) in subparagraph (D), by 
                                striking by striking ``the United 
                                States Government.'' and inserting 
                                ``such entity or organization.''; and
                            (ii) in paragraph (4)--
                                    (I) by striking ``A 
                                recommendation'' and inserting the 
                                following:
                    ``(A) In general.--Except as provided under 
                subparagraph (B), a recommendation'';
                                    (II) by striking ``the United 
                                States Government prior'' and inserting 
                                ``an entity or organization described 
                                in paragraph (1)(B) prior''; and
                                    (III) by adding at the end the 
                                following:
                    ``(B) Review process for denial by chief of 
                mission.--
                            ``(i) In general.--An applicant who has 
                        been denied Chief of Mission approval required 
                        by subparagraph (A) shall--
                                    ``(I) receive a written decision; 
                                and
                                    ``(II) be provided 120 days from 
                                the date of the decision to request 
                                reopening of the decision to provide 
                                additional information, clarify 
                                existing information, or explain any 
                                unfavorable information.
                            ``(ii) Senior coordinator.--The Secretary 
                        of State shall designate, in the Embassy of the 
                        United States in Baghdad, Iraq, a senior 
                        coordinator responsible for overseeing the 
                        efficiency and integrity of the processing of 
                        special immigrant visas under this section, who 
                        shall be given--
                                    ``(I) sufficiently high security 
                                clearance to review Chief of Mission 
                                denials in cases that appear to have 
                                relied upon insufficient or incorrect 
                                information; and
                                    ``(II) responsibility for ensuring 
                                that an applicant described in clause 
                                (i) receives the information described 
                                in clause (i)(I).''; and
                    (B) in subsection (c)(3), by adding at the end the 
                following:
                    ``(C) Subsequent fiscal years.--Notwithstanding 
                subparagraphs (A) and (B), and consistent with 
                subsection (b), any unused balance of the total number 
                of principal aliens who may be provided special 
                immigrant status under this section in fiscal years 
                2008 through 2012 may be carried forward and provided 
                through the end of fiscal year 2018.''; and
            (3) in section 1248, by adding at the end the following:
    ``(f) Report on Improvements.--
            ``(1) In general.--Not later than 120 days after the date 
        of the enactment of the Border Security, Economic Opportunity, 
        and Immigration Modernization Act, the Secretary of State and 
        the Secretary of Homeland Security, in consultation with the 
        Secretary of Defense, shall submit a report, with a classified 
        annex, if necessary, to--
                    ``(A) the Committee on the Judiciary of the Senate;
                    ``(B) the Committee on Foreign Relations of the 
                Senate;
                    ``(C) the Committee on the Judiciary of the House 
                of Representatives; and
                    ``(D) the Committee on Foreign Affairs of the House 
                of Representatives.
            ``(2) Contents.--The report submitted under paragraph (1) 
        shall describe the implementation of improvements to the 
        processing of applications for special immigrant visas under 
        section 1244(a), including information relating to--
                    ``(A) enhancing existing systems for conducting 
                background and security checks of persons applying for 
                special immigrant status, which shall--
                            ``(i) support immigration security; and
                            ``(ii) provide for the orderly processing 
                        of such applications without delay;
                    ``(B) the financial, security, and personnel 
                considerations and resources necessary to carry out 
                this subtitle;
                    ``(C) the number of aliens who have applied for 
                special immigrant visas under section 1244 during each 
                month of the preceding fiscal year;
                    ``(D) the reasons for the failure to expeditiously 
                process any applications that have been pending for 
                longer than 9 months;
                    ``(E) the total number of applications that are 
                pending due to the failure--
                            ``(i) to receive approval from the Chief of 
                        Mission;
                            ``(ii) for U.S. Citizenship and Immigration 
                        Services to complete the adjudication of the 
                        Form I-360;
                            ``(iii) to conduct a visa interview; or
                            ``(iv) to issue the visa to an eligible 
                        alien;
                    ``(F) the average wait times for an applicant at 
                each of the stages described in subparagraph (E);
                    ``(G) the number of denials or rejections at each 
                of the stages described in subparagraph (E); and
                    ``(H) a breakdown of reasons for denials at by the 
                Chief of Mission based on the categories already made 
                available to denied special immigrant visa applicants 
                in the denial letter sent to them by the Chief of 
                Mission.
    ``(g) Public Quarterly Reports.--Not later than 120 days after the 
date of the enactment of the Border Security, Economic Opportunity, and 
Immigration Modernization Act, and every 3 months thereafter, the 
Secretary of State and the Secretary of Homeland Security, in 
consultation with the Secretary of Defense, shall publish a report on 
the website of the Department of State that describes the efficiency 
improvements made in the process by which applications for special 
immigrant visas under section 1244(a) are processed, including 
information described in subparagraphs (C) through (H) of subsection 
(f)(2).''.

SEC. 2319. EXTENSION AND IMPROVEMENT OF THE AFGHAN SPECIAL IMMIGRANT 
              VISA PROGRAM.

    Section 602(b) of the Afghan Allies Protection Act of 2009 (8 
U.S.C. 1101 note) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) by amending clause (ii) to read as 
                        follows:
                            ``(ii) was or is employed in Afghanistan on 
                        or after October 7, 2001, for not less than 1 
                        year, by, or on behalf of--
                                    ``(I) the United States Government;
                                    ``(II) a media or nongovernmental 
                                organization headquartered in the 
                                United States; or
                                    ``(III) an organization or entity 
                                closely associated with the United 
                                States mission in Afghanistan that has 
                                received United States Government 
                                funding through an official and 
                                documented contract, award, grant, or 
                                cooperative agreement;'';
                            (ii) in clause (iii), by striking ``the 
                        United States Government'' and inserting ``an 
                        entity or organization described in clause 
                        (ii)''; and
                            (iii) in clause (iv), by striking by 
                        striking ``the United States Government.'' and 
                        inserting ``such entity or organization.'';
                    (B) by amending subparagraph (B) to read as 
                follows:
                    ``(B) Family members.--An alien is described in 
                this subparagraph if the alien is--
                            ``(i) the spouse or minor child of a 
                        principal alien described in subparagraph (A) 
                        who is accompanying or following to join the 
                        principal alien in the United States; or
                            ``(ii)(I) the spouse, child, parent, or 
                        sibling of a principal alien described in 
                        subparagraph (A), whether or not accompanying 
                        or following to join; and
                            ``(II) has experienced or is experiencing 
                        an ongoing serious threat as a consequence of 
                        the qualifying employment of a principal alien 
                        described in subparagraph (A).''; and
                    (C) in subparagraph (D)--
                            (i) by striking ``A recommendation'' and 
                        inserting the following:
                            ``(i) In general.--Except as provided under 
                        clause (ii), a recommendation'';
                            (ii) by striking ``the United States 
                        Government prior'' and inserting ``an entity or 
                        organization described in paragraph (2)(A)(ii) 
                        prior''; and
                            (iii) by adding at the end the following:
                            ``(ii) Review process for denial by chief 
                        of mission.--
                                    ``(I) In general.--An applicant who 
                                has been denied Chief of Mission 
                                approval shall--
                                            ``(aa) receive a written 
                                        decision; and
                                            ``(bb) be provided 120 days 
                                        from the date of receipt of 
                                        such opinion to request 
                                        reconsideration of the decision 
                                        to provide additional 
                                        information, clarify existing 
                                        information, or explain any 
                                        unfavorable information.
                                    ``(II) Senior coordinator.--The 
                                Secretary of State shall designate, in 
                                the Embassy of the United States in 
                                Kabul, Afghanistan, a senior 
                                coordinator responsible for overseeing 
                                the efficiency and integrity of the 
                                processing of special immigrant visas 
                                under this section, who shall be 
                                given--
                                            ``(aa) sufficiently high 
                                        security clearance to review 
                                        Chief of Mission denials in 
                                        cases that appear to have 
                                        relied upon insufficient or 
                                        incorrect information; and
                                            ``(bb) responsibility for 
                                        ensuring that an applicant 
                                        described in subclause (I) 
                                        receives the information 
                                        described in subclause 
                                        (I)(aa).'';
            (2) in paragraph (3)(C), by amending clause (iii) to read 
        as follows:
                            ``(iii) Fiscal years 2014 through 2018.--
                        For each of the fiscal years 2014 through 2018, 
                        the total number of principal aliens who may be 
                        provided special immigrant status under this 
                        section may not exceed the sum of--
                                    ``(I) 5,000;
                                    ``(II) the difference between the 
                                number of special immigrant visas 
                                allocated under this section for fiscal 
                                years 2009 through 2013 and the number 
                                of such allocated visas that were 
                                issued; and
                                    ``(III) any unused balance of the 
                                total number of principal aliens who 
                                may be provided special immigrant 
                                status in fiscal years 2014 through 
                                2018 that have been carried forward.'';
            (3) in paragraph (4)--
                    (A) in the heading, by striking ``Prohibition on 
                fees.--'' and inserting ``Application process.--'';
                    (B) by striking ``The Secretary'' and inserting the 
                following:
                    ``(A) In general.--Not later than 120 days after 
                the date of enactment of the Border Security, Economic 
                Opportunity, and Immigration Modernization Act, the 
                Secretary of State and the Secretary of Homeland 
                Security, in consultation with the Secretary of 
                Defense, shall improve the efficiency by which 
                applications for special immigrant visas under 
                paragraph (1) are processed so that all steps 
                incidental to the issuance of such visas, including 
                required screenings and background checks, are 
                completed not later than 6 months after the date on 
                which an eligible alien applies for such visa.
                    ``(B) Prohibition on fees.--The Secretary''; and
            (4) by adding at the end the following:
            ``(12) Report on improvements.--Not later than 120 days 
        after the date of the enactment of the Border Security, 
        Economic Opportunity, and Immigration Modernization Act, the 
        Secretary of State and the Secretary of Homeland Security, in 
        consultation with the Secretary of Defense, shall submit to the 
        appropriate committees of Congress a report, with a classified 
        annex, if necessary, that describes the implementation of 
        improvements to the processing of applications for special 
        immigrant visas under this subsection, including information 
        relating to--
                    ``(A) enhancing existing systems for conducting 
                background and security checks of persons applying for 
                special immigrant status, which shall--
                            ``(i) support immigration security; and
                            ``(ii) provide for the orderly processing 
                        of such applications without delay;
                    ``(B) the financial, security, and personnel 
                considerations and resources necessary to carry out 
                this section;
                    ``(C) the number of aliens who have applied for 
                special immigrant visas under this subsection during 
                each month of the preceding fiscal year;
                    ``(D) the reasons for the failure to expeditiously 
                process any applications that have been pending for 
                longer than 9 months;
                    ``(E) the total number of applications that are 
                pending due to the failure--
                            ``(i) to receive approval from the Chief of 
                        Mission;
                            ``(ii) for U.S. Citizenship and Immigration 
                        Services to complete the adjudication of the 
                        Form I-360;
                            ``(iii) to conduct a visa interview; or
                            ``(iv) to issue the visa to an eligible 
                        alien;
                    ``(F) the average wait times for an applicant at 
                each of the stages described in subparagraph (E);
                    ``(G) the number of denials or rejections at each 
                of the stages described in subparagraph (E); and
                    ``(H) a breakdown of reasons for denials by the 
                Chief of Mission based on the categories already made 
                available to denied special immigrant visa applicants 
                in the denial letter sent to them by the Chief of 
                Mission.
            ``(13) Public quarterly reports.--Not later than 120 days 
        after the date of the enactment of the Border Security, 
        Economic Opportunity, and Immigration Modernization Act, and 
        every 3 months thereafter, the Secretary of State and the 
        Secretary of Homeland Security, in consultation with the 
        Secretary of Defense, shall publish a report on the website of 
        the Department of State that describes the efficiency 
        improvements made in the process by which applications for 
        special immigrant visas under this subsection are processed, 
        including information described in subparagraph (C) through (H) 
        of paragraph (12).''.

SEC. 2320. SPECIAL IMMIGRANT NONMINISTER RELIGIOUS WORKER PROGRAM.

    Section 101(a)(27)(C)(ii) (8 U.S.C. 1101 (a)(27)(C)(ii)) is amended 
in subclauses (II) and (III) by striking ``before September 30, 2015,'' 
both places such term appears.

SEC. 2321. SPECIAL IMMIGRANT STATUS FOR CERTAIN SURVIVING SPOUSES AND 
              CHILDREN.

    (a) In General.--Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is 
amended in subparagraph (D)--
            (1) by inserting ``(i)'' before ``an immigrant who is an 
        employee'';
            (2) by inserting ``or'' after ``grant such status;''; and
            (3) by inserting after clause (i), as designated by 
        paragraph (1), the following:
                    ``(ii) an immigrant who is the surviving spouse or 
                child of an employee of the United States Government 
                abroad killed in the line of duty, provided that the 
                employee had performed faithful service for a total of 
                15 years, or more, and that the principal officer of a 
                Foreign Service establishment (or, in the case of the 
                American Institute of Taiwan, the Director thereof) in 
                his or her discretion, recommends the granting of 
                special immigrant status to the spouse or child and the 
                Secretary of State approves such recommendation and 
                finds that it is in the national interest to grant such 
                status;''.
    (b) Effective Date.--The amendments made by subsection (a) take 
effect beginning on January 31, 2013, and shall have retroactive 
effect.

SEC. 2322. REUNIFICATION OF CERTAIN FAMILIES OF FILIPINO VETERANS OF 
              WORLD WAR II.

    (a) Short Title.--This section may be cited as the ``Filipino 
Veterans Family Reunification Act''.
    (b) Exemption From Immigrant Visa Limit.--Section 201(b)(1) (8 
U.S.C. 1151(b)(1)), as amended by sections 2103(c), 2212(d), and 
2307(b), is further amended by adding at the end the following:
            ``(O) Aliens who--
                    ``(i) are the sons or daughters of a citizen of the 
                United States; and
                    ``(ii) have a parent (regardless of whether the 
                parent is living or dead) who was naturalized pursuant 
                to--
                            ``(I) section 405 of the Immigration Act of 
                        1990 (Public Law 101-649; 8 U.S.C. 1440 note); 
                        or
                            ``(II) title III of the Act of October 14, 
                        1940 (54 Stat. 1137, chapter 876), as added by 
                        section 1001 of the Second War Powers Act, 1942 
                        (56 Stat. 182, chapter 199).''.

SEC. 2323. ENSURING COMPLIANCE WITH RESTRICTIONS ON WELFARE AND PUBLIC 
              BENEFITS FOR ALIENS.

    (a) General Prohibition.--No officer or employee of the Federal 
Government may--
            (1) waive compliance with any requirement in title IV of 
        the Personal Responsibility and Work Opportunity Reconciliation 
        Act of 1996 (8 U.S.C. 1601 et seq.) in effect on the date of 
        enactment of this Act or with any restriction on eligibility 
        for any form of assistance or benefit described in section 
        403(a) of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (8 U.S.C. 1613(a)) established under 
        a provision of this Act or an amendment made by this Act;
            (2) waive the prohibition under subsection (d)(3) of 
        section 245B of the Immigration and Nationality Act (as added 
        by section 2101 of this Act) on eligibility for Federal means-
        tested public benefits for any alien granted registered 
        provisional immigrant status under section 245B of the 
        Immigration and Nationality Act;
            (3) waive the prohibition under subsection (c)(3) of 
        section 2211 of this Act on eligibility for Federal means-
        tested public benefits for any alien granted blue card status 
        under that section;
            (4) waive the prohibition under subsection (c) of section 
        2309 of this Act on eligibility for Federal means-tested public 
        benefits for any noncitizen who is lawfully present in the 
        United States pursuant to section 101(a)(15)(V) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) (as 
        amended by section 2309(a)); or
            (5) waive the prohibition under subsection (w)(2)(C) of 
        section 214 of the Immigration and Nationality Act (8 U.S.C. 
        1184(w)(2)(C)) (as added by section 4504(b) of this Act) on 
        eligibility for any assistance or benefits described in section 
        403(a) of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (8 U.S.C. 1613(a)) for any alien 
        described in section 101(a)(15)(Y) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)(Y) (as added by section 
        4504 of this Act) who is issued a nonimmigrant visa.
    (b) Ensuring Compliance With Federal Welfare Law.--
            (1) No waiver of requirements.--Notwithstanding section 
        1115(a) of the Social Security Act (42 U.S.C. 1315(a)), the 
        Secretary of Health and Human Services shall not waive 
        compliance by a State, or otherwise permit a State to not 
        comply, with the requirements for the temporary assistance for 
        needy families program referenced in section 408(e) of the 
        Social Security Act (42 U.S.C. 608(e)) and the requirements for 
        that program in section 408(g) of such Act (42 U.S.C. 608(g)).
            (2) No waiver of penalties.--The Secretary of Health and 
        Human Services shall apply section 409 of the Social Security 
        Act (42 U.S.C. 609) to any State that fails to comply with any 
        of the requirements specified in paragraph (1).

            Subtitle D--Conrad State 30 and Physician Access

SEC. 2401. CONRAD STATE 30 PROGRAM.

    Section 220(c) of the Immigration and Nationality Technical 
Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is 
amended by striking ``and before September 30, 2015''.

SEC. 2402. RETAINING PHYSICIANS WHO HAVE PRACTICED IN MEDICALLY 
              UNDERSERVED COMMUNITIES.

    Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by sections 
2103(c), 2212(d)(2), 2307(b), and 2323(b) is further amended by adding 
at the end the following:
            ``(P)(i) Alien physicians who have completed service 
        requirements of a waiver requested under section 
        203(b)(2)(B)(ii), including alien physicians who completed such 
        service before the date of the enactment of the Border 
        Security, Economic Opportunity, and Immigration Modernization 
        Act and any spouses or children of such alien physicians.
            ``(ii) Nothing in this subparagraph may be construed--
                    ``(I) to prevent the filing of a petition with the 
                Secretary of Homeland Security for classification under 
                section 204(a) or the filing of an application for 
                adjustment of status under section 245 by an alien 
                physician described in this subparagraph prior to the 
                date by which such alien physician has completed the 
                service described in section 214(l) or worked full-time 
                as a physician for an aggregate of 5 years at the 
                location identified in the section 214(l) waiver or in 
                an area or areas designated by the Secretary of Health 
                and Human Services as having a shortage of health care 
                professionals; or
                    ``(II) to permit the Secretary of Homeland Security 
                to grant such a petition or application until the alien 
                has satisfied all the requirements of the waiver 
                received under section 214(l).''.

SEC. 2403. EMPLOYMENT PROTECTIONS FOR PHYSICIANS.

    (a) In General.--Section 214(l)(1)(C) (8 U.S.C. 1184(l)(1)(C)) is 
amended by striking clauses (i) and (ii) and inserting the following:
                    ``(i) the alien demonstrates a bona fide offer of 
                full-time employment, at a health care organization, 
                which employment has been determined by the Secretary 
                of Homeland Security to be in the public interest; and
                    ``(ii) the alien agrees to begin employment with 
                the health facility or health care organization in a 
                geographic area or areas which are designated by the 
                Secretary of Health and Human Services as having a 
                shortage of health care professionals by the later of 
                the date that is 90 days after receiving such waiver, 
                90 days after completing graduate medical education or 
                training under a program approved pursuant to section 
                212(j)(1), or 90 days after receiving nonimmigrant 
                status or employment authorization, provided that the 
                alien or the alien's employer petitions for such 
                nonimmigrant status or employment authorization within 
                90 days of completing graduate medical education or 
                training and agrees to continue to work for a total of 
                not less than 3 years in any status authorized for such 
                employment under this subsection, unless--
                            ``(I) the Secretary determines that 
                        extenuating circumstances exist that justify a 
                        lesser period of employment at such facility or 
                        organization, in which case the alien shall 
                        demonstrate another bona fide offer of 
                        employment at a health facility or health care 
                        organization, for the remainder of such 3-year 
                        period;
                            ``(II) the interested agency that requested 
                        the waiver attests that extenuating 
                        circumstances exist that justify a lesser 
                        period of employment at such facility or 
                        organization in which case the alien shall 
                        demonstrate another bona fide offer of 
                        employment at a health facility or health care 
                        organization so designated by the Secretary of 
                        Health and Human Services, for the remainder of 
                        such 3-year period; or
                            ``(III) if the alien elects not to pursue a 
                        determination of extenuating circumstances 
                        pursuant to subclause (I) or (II), the alien 
                        terminates the alien's employment relationship 
                        with such facility or organization, in which 
                        case the alien shall be employed for the 
                        remainder of such 3-year period, and 1 
                        additional year for each termination, at 
                        another health facility or health care 
                        organization in a geographic area or areas 
                        which are designated by the Secretary of Health 
                        and Human Services as having a shortage of 
                        health care professionals; and''.
    (b) Physician Employment in Underserved Areas.--Section 214(l)(1) 
(8 U.S.C. 1184(l)(1)), as amended by subsection (a), is further amended 
by adding at the end the following:
            ``(E) If a physician pursuing graduate medical education or 
        training pursuant to section 101(a)(15)(J) applies for a Conrad 
        J-1 waiver with an interested State department of health and 
        the application is denied because the State has requested the 
        maximum number of waivers permitted for that fiscal year, the 
        physician's nonimmigrant status shall be automatically extended 
        for 6 months if the physician agrees to seek a waiver under 
        this subsection (except for subparagraph (D)(ii)) to work for 
        an employer in a State that has not yet requested the maximum 
        number of waivers. The physician shall be authorized to work 
        only for such employer from the date on which a new waiver 
        application is filed with the State until the date on which the 
        Secretary of Homeland Security denies such waiver or issues 
        work authorization for such employment pursuant to the approval 
        of such waiver.''.
    (c) Graduate Medical Education or Training.--Section 214(h)(1), as 
amended by section 4401(b) of this Act, is further amended by inserting 
``(J) (if entering the United States for graduate medical education or 
training),'' after ``(H)(i)(c),''.
    (d) Contract Requirements.--Section 214(l) (8 U.S.C. 1184(l)) is 
amended by adding at the end the following:
    ``(4) An alien granted a waiver under paragraph (1)(C) shall enter 
into an employment agreement with the contracting health facility or 
health care organization that--
            ``(A) specifies the maximum number of on-call hours per 
        week (which may be a monthly average) that the alien will be 
        expected to be available and the compensation the alien will 
        receive for on-call time;
            ``(B) specifies whether the contracting facility or 
        organization will pay for the alien's malpractice insurance 
        premiums, including whether the employer will provide 
        malpractice insurance and, if so, the amount of such insurance 
        that will be provided;
            ``(C) describes all of the work locations that the alien 
        will work and a statement that the contracting facility or 
        organization will not add additional work locations without the 
        approval of the Federal agency or State agency that requested 
        the waiver; and
            ``(D) does not include a non-compete provision.
    ``(5) An alien granted a waiver under paragraph (1)(C) whose 
employment relationship with a health facility or health care 
organization terminates during the 3-year service period required by 
such paragraph--
            ``(A) shall have a period of 120 days beginning on the date 
        of such termination of employment to submit to the Secretary of 
        Homeland Security applications or petitions to commence 
        employment with another contracting health facility or health 
        care organization in a geographic area or areas which are 
        designated by the Secretary of Health and Human Services as 
        having a shortage of health care professionals;
            ``(B) shall be considered to be maintaining lawful status 
        in an authorized stay during the 120-day period referred to in 
        subsection (A); and
            ``(C) shall not be considered to be fulfilling the 3-year 
        term of service during the 120-day period referred to in 
        subparagraph (A).''.

SEC. 2404. ALLOTMENT OF CONRAD 30 WAIVERS.

    (a) In General.--Section 214(l) (8 U.S.C. 1184(l)), as amended by 
section 2403, is further amended by adding at the end the following:
    ``(6)(A)(i) All States shall be allotted a total of 35 waivers 
under paragraph (1)(B) for a fiscal year if 90 percent of the waivers 
available to the States receiving at least 5 waivers were used in the 
previous fiscal year.
    ``(ii) When an allocation has occurred under clause (i), all States 
shall be allotted an additional 5 waivers under paragraph (1)(B) for 
each subsequent fiscal year if 90 percent of the waivers available to 
the States receiving at least 5 waivers were used in the previous 
fiscal year. If the States are allotted 45 or more waivers for a fiscal 
year, the States will only receive an additional increase of 5 waivers 
the following fiscal year if 95 percent of the waivers available to the 
States receiving at least 1 waiver were used in the previous fiscal 
year.
    ``(B) Any increase in allotments under subparagraph (A) shall be 
maintained indefinitely, unless in a fiscal year, the total number of 
such waivers granted is 5 percent lower than in the last year in which 
there was an increase in the number of waivers allotted pursuant to 
this paragraph, in which case--
            ``(i) the number of waivers allotted shall be decreased by 
        5 for all States beginning in the next fiscal year; and
            ``(ii) each additional 5 percent decrease in such waivers 
        granted from the last year in which there was an increase in 
        the allotment, shall result in an additional decrease of 5 
        waivers allotted for all States, provided that the number of 
        waivers allotted for all States shall not drop below 30.''.
    (b) Academic Medical Centers.--Section 214(l)(1)(D) (8 U.S.C. 
1184(l)(1)(D)) is amended--
            (1) in clause (ii), by striking ``and'' at the end;
            (2) in clause (iii), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(iv) in the case of a request by an interested 
                State agency--
                            ``(I) the head of such agency determines 
                        that the alien is to practice medicine in, or 
                        be on the faculty of a residency program at, an 
                        academic medical center (as that term is 
                        defined in section 411.355(e)(2) of title 42, 
                        Code of Federal Regulations, or similar 
                        successor regulation), without regard to 
                        whether such facility is located within an area 
                        designated by the Secretary of Health and Human 
                        Services as having a shortage of health care 
                        professionals; and
                            ``(II) the head of such agency determines 
                        that--
                                    ``(aa) the alien physician's work 
                                is in the public interest; and
                                    ``(bb) the grant of such waiver 
                                would not cause the number of the 
                                waivers granted on behalf of aliens for 
                                such State for a fiscal year (within 
                                the limitation in subparagraph (B) and 
                                subject to paragraph (6)) in accordance 
                                with the conditions of this clause to 
                                exceed 3.''.

SEC. 2405. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER 
              PROVISIONS RELATED TO PHYSICIAN IMMIGRATION.

    (a) Allowable Visa Status for Physicians Fulfilling Waiver 
Requirements in Medically Underserved Areas.--Section 214(l)(2)(A) (8 
U.S.C. 1184(l)(2)(A)) is amended by striking ``an alien described in 
section 101(a)(15)(H)(i)(b).'' and inserting ``any status authorized 
for employment under this Act.''.
    (b) Short Term Work Authorization for Physicians Completing Their 
Residencies.--A physician completing graduate medical education or 
training as described in section 212(j) of the Immigration and 
Nationality Act (8 U.S.C. 1182(j)) as a nonimmigrant described in 
section 101(a)(15)(H)(i) of such Act (8 U.S.C. 1101(a)(15)(H)(i)) shall 
have such nonimmigrant status automatically extended until October 1 of 
the fiscal year for which a petition for a continuation of such 
nonimmigrant status has been submitted in a timely manner and where the 
employment start date for the beneficiary of such petition is October 1 
of that fiscal year. Such physician shall be authorized to be employed 
incident to status during the period between the filing of such 
petition and October 1 of such fiscal year. However, the physician's 
status and employment authorization shall terminate 30 days from the 
date such petition is rejected, denied, or revoked. A physician's 
status and employment authorization will automatically extend to 
October 1 of the next fiscal year if all visas as described in such 
section 101(a)(15)(H)(i) authorized to be issued for the fiscal year 
have been issued.
    (c) Applicability of Section 212(e) to Spouses and Children of J-1 
Exchange Visitors.--A spouse or child of an exchange visitor described 
in section 101(a)(15)(J) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(J)) shall not be subject to the requirements of 
section 212(e) of the Immigration and Nationality Act (8 U.S.C. 
1182(e)).

                        Subtitle E--Integration

SEC. 2501. DEFINITIONS.

    In this subtitle:
            (1) Chief.--The term ``Chief'' means the Chief of the 
        Office.
            (2) Foundation.--The term ``Foundation'' means the United 
        States Citizenship Foundation established pursuant to section 
        2531.
            (3) IEACA grants.--The term ``IEACA grants'' means Initial 
        Entry, Adjustment, and Citizenship Assistance grants authorized 
        under section 2537.
            (4) Immigrant integration.--The term ``immigrant 
        integration'' means the process by which immigrants--
                    (A) join the mainstream of civic life by engaging 
                and sharing ownership in their local community, the 
                United States, and the principles of the Constitution;
                    (B) attain financial self-sufficiency and upward 
                economic mobility for themselves and their family 
                members; and
                    (C) acquire English language skills and related 
                cultural knowledge necessary to effectively participate 
                in their community.
            (5) Linguistic integration.--The term ``linguistic 
        integration'' means the acquisition, by limited English 
        proficient individuals, of English language skills and related 
        cultural knowledge necessary to meaningfully and effectively 
        fulfill their roles as community members, family members, and 
        workers.
            (6) Office.--The term ``Office'' means the Office of 
        Citizenship and New Americans established in U.S. Citizenship 
        and Immigration Services under section 2511.
            (7) Receiving communities.--The term ``receiving 
        communities'' means the long-term residents of the communities 
        in which immigrants settle.
            (8) Task force.--The term ``Task Force'' means the Task 
        Force on New Americans established pursuant to section 2521.
            (9) USCF council.--The term ``USCF Council'' means the 
        Council of Directors of the Foundation.

                CHAPTER 1--CITIZENSHIP AND NEW AMERICANS

         Subchapter A--Office of Citizenship and New Americans

SEC. 2511. OFFICE OF CITIZENSHIP AND NEW AMERICANS.

    (a) Renaming Office of Citizenship.--
            (1) In general.--Beginning on the date of the enactment of 
        this Act, the Office of Citizenship in U.S. Citizenship and 
        Immigration Services shall be referred to as the ``Office of 
        Citizenship and New Americans''.
            (2) References.--Any reference in a law, regulation, 
        document, paper, or other record of the United States to the 
        Office of Citizenship in U.S. Citizenship and Immigration 
        Services shall be deemed to be a reference to the Office of 
        Citizenship and New Americans.
            (3) Technical and conforming amendments.--Section 451 of 
        the Homeland Security Act of 2002 (6 U.S.C. 271) is amended--
                    (A) in the section heading, by striking ``bureau 
                of'' and inserting ``u.s.'';
                    (B) in subsection (a)(1), by striking ``the `Bureau 
                of'' and inserting ```U.S.'';
                    (C) by striking ``the Bureau of'' each place such 
                terms appears and inserting ``U.S.''; and
                    (D) in subsection (f)--
                            (i) by amending the subsection heading to 
                        read as follows: ``Office of Citizenship and 
                        New Americans''; and
                            (ii) by striking paragraph (1) and 
                        inserting the following:
            ``(1) Chief.--The Office of Citizenship and New Americans 
        shall be within U.S. Citizenship and Immigration Services and 
        shall be headed by the Chief of the Office of Citizenship and 
        New Americans.''.
    (b) Functions.--Section 451(f) of such Act (6 U.S.C. 271(f)), as 
amended by subsection (a)(3)(D), is further amended by striking 
paragraph (2) and inserting the following:
            ``(2) Functions.--The Chief of the Office of Citizenship 
        and New Americans shall--
                    ``(A) promote institutions and provide training on 
                citizenship responsibilities for aliens interested in 
                becoming naturalized citizens of the United States, 
                including the development of educational materials for 
                such aliens;
                    ``(B) provide general leadership, consultation, and 
                coordination of the immigrant integration programs 
                across the Federal Government and with State and local 
                entities;
                    ``(C) in coordination with the Task Force on New 
                Americans established under section 2521 of the Border 
                Security, Economic Opportunity, and Immigration 
                Modernization Act--
                            ``(i) advise the Director of U.S. 
                        Citizenship and Immigration Services, the 
                        Secretary of Homeland Security, and the 
                        Domestic Policy Council, on--
                                    ``(I) the challenges and 
                                opportunities relating to the 
                                linguistic, economic, and civic 
                                integration of immigrants and their 
                                young children and progress in meeting 
                                integration goals and indicators; and
                                    ``(II) immigrant integration 
                                considerations relating to Federal 
                                budgets;
                            ``(ii) establish national goals for 
                        introducing new immigrants into the United 
                        States and measure the degree to which such 
                        goals are met;
                            ``(iii) evaluate the scale, quality, and 
                        effectiveness of Federal Government efforts in 
                        immigrant integration and provide advice on 
                        appropriate actions; and
                            ``(iv) identify the integration 
                        implications of new or proposed immigration 
                        policies and provide recommendations for 
                        addressing such implications;
                    ``(D) serve as a liaison and intermediary with 
                State and local governments and other entities to 
                assist in establishing local goals, task forces, and 
                councils to assist in--
                            ``(i) introducing immigrants into the 
                        United States; and
                            ``(ii) promoting citizenship education and 
                        awareness among aliens interested in becoming 
                        naturalized citizens of the United States;
                    ``(E) coordinate with other Federal agencies to 
                provide information to State and local governments on 
                the demand for existing Federal and State English 
                education programs and best practices for immigrants 
                who recently arrived in the United States;
                    ``(F) assist States in coordinating the activities 
                of the grant programs authorized under sections 2537 
                and 2538 of the Border Security, Economic Opportunity, 
                and Immigration Modernization Act;
                    ``(G) submit a biennial report to the appropriate 
                congressional committees that describes the activities 
                of the Office of Citizenship and New Americans; and
                    ``(H) carry out such other functions and activities 
                as Secretary may assign.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect on the date that is 1 year after the date of the 
enactment of this Act.

               Subchapter B--Task Force on New Americans

SEC. 2521. ESTABLISHMENT.

    (a) In General.--The Secretary shall establish a Task Force on New 
Americans.
    (b) Fully Functional.--The Task Force shall be fully functional not 
later than 18 months after the date of the enactment of this Act.

SEC. 2522. PURPOSE.

    The purposes of the Task Force are--
            (1) to establish a coordinated Federal program and policy 
        response to immigrant integration issues; and
            (2) to advise and assist the Federal Government in 
        identifying and fostering policies to carry out the policies 
        and goals established under this chapter.

SEC. 2523. MEMBERSHIP.

    (a) In General.--The Task Force shall be comprised of--
            (1) the Secretary, who shall serve as Chair of the Task 
        Force;
            (2) the Secretary of the Treasury;
            (3) the Attorney General;
            (4) the Secretary of Commerce;
            (5) the Secretary of Labor;
            (6) the Secretary of Health and Human Services;
            (7) the Secretary of Housing and Urban Development;
            (8) the Secretary of Transportation;
            (9) the Secretary of Education;
            (10) the Director of the Office of Management and Budget;
            (11) the Administrator of the Small Business 
        Administration;
            (12) the Director of the Domestic Policy Council;
            (13) the Director of the National Economic Council; and
            (14) the National Security Advisor.
    (b) Delegation.--A member of the Task Force may delegate a senior 
official, at the Assistant Secretary, Deputy Administrator, Deputy 
Director, or Assistant Attorney General level, to perform the functions 
of a Task Force member described in section 2524.

SEC. 2524. FUNCTIONS.

    (a) Meetings; Functions.--The Task Force shall--
            (1) meet at the call of the Chair; and
            (2) perform such functions as the Secretary may prescribe.
    (b) Coordinated Response.--The Task Force shall work with executive 
branch agencies--
            (1) to provide a coordinated Federal response to issues 
        that impact the lives of new immigrants and receiving 
        communities, including--
                    (A) access to youth and adult education 
                programming;
                    (B) workforce training;
                    (C) health care policy;
                    (D) access to naturalization; and
                    (E) community development challenges; and
            (2) to ensure that Federal programs and policies adequately 
        address such impacts.
    (c) Liaisons.--Members of the Task Force shall serve as liaisons to 
their respective agencies to ensure the quality and timeliness of their 
agency's participation in activities of the Task Force, including--
            (1) creating integration goals and indicators;
            (2) implementing the biannual consultation process with the 
        agency's State and local counterparts; and
            (3) reporting on agency data collection, policy, and 
        program efforts relating to achieving the goals and indicators 
        referred to in paragraph (1).
    (d) Recommendations.--Not later than 18 months after the end of the 
period specified in section 2521(b), the Task Force shall--
            (1) provide recommendations to the Domestic Policy Council 
        and the Secretary on the effects of pending legislation and 
        executive branch policy proposals;
            (2) suggest changes to Federal programs or policies to 
        address issues of special importance to new immigrants and 
        receiving communities;
            (3) review and recommend changes to policies that have a 
        distinct impact on new immigrants and receiving communities; 
        and
            (4) assist in the development of legislative and policy 
        proposals of special importance to new immigrants and receiving 
        communities.

                 CHAPTER 2--PUBLIC-PRIVATE PARTNERSHIP

SEC. 2531. ESTABLISHMENT OF UNITED STATES CITIZENSHIP FOUNDATION.

    The Secretary, acting through the Director of U.S. Citizenship and 
Immigration Services, is authorized to establish a nonprofit 
corporation or a not-for-profit, public benefit, or similar entity, 
which shall be known as the ``United States Citizenship Foundation''.

SEC. 2532. FUNDING.

    (a) Gifts to Foundation.--In order to carry out the purposes set 
forth in section 2533, the Foundation may--
            (1) solicit, accept, and make gifts of money and other 
        property in accordance with section 501(c)(3) of the Internal 
        Revenue Code of 1986;
            (2) engage in coordinated work with the Department, 
        including the Office and U.S. Citizenship and Immigration 
        Services; and
            (3) accept, hold, administer, invest, and spend any gift, 
        devise, or bequest of real or personal property made to the 
        Foundation.
    (b) Gifts to Office of Citizenship and New Americans.--The Office 
may accept gifts from the Foundation to support the functions of the 
Office.

SEC. 2533. PURPOSES.

    The purposes of the Foundation are--
            (1) to expand citizenship preparation programs for lawful 
        permanent residents;
            (2) to provide direct assistance for aliens seeking 
        provisional immigrant status, legal permanent resident status, 
        or naturalization as a United States citizen; and
            (3) to coordinate immigrant integration with State and 
        local entities.

SEC. 2534. AUTHORIZED ACTIVITIES.

    The Foundation shall carry out its purpose by--
            (1) making United States citizenship instruction and 
        naturalization application services accessible to low-income 
        and other underserved lawful permanent resident populations;
            (2) developing, identifying, and sharing best practices in 
        United States citizenship preparation;
            (3) supporting innovative and creative solutions to 
        barriers faced by those seeking naturalization;
            (4) increasing the use of, and access to, technology in 
        United States citizenship preparation programs;
            (5) engaging receiving communities in the United States 
        citizenship and civic integration process;
            (6) administering the New Citizens Award Program to 
        recognize, in each calendar year, not more than 10 United 
        States citizens who--
                    (A) have made outstanding contributions to the 
                United States; and
                    (B) have been naturalized during the 10-year period 
                ending on the date of such recognition;
            (7) fostering public education and awareness;
            (8) coordinating its immigrant integration efforts with the 
        Office;
            (9) awarding grants to eligible public or private nonprofit 
        organizations under section 2537; and
            (10) awarding grants to State and local governments under 
        section 2538.

SEC. 2535. COUNCIL OF DIRECTORS.

    (a) Members.--To the extent consistent with section 501(c)(3) of 
the Internal Revenue Code of 1986, the Foundation shall have a Council 
of Directors, which shall be comprised of--
            (1) the Director of U.S. Citizenship and Immigration 
        Services;
            (2) the Chief of the Office of Citizenship and New 
        Americans; and
            (3) 10 directors, appointed by the ex-officio directors 
        designated in paragraphs (1) and (2), from national community-
        based organizations that promote and assist permanent residents 
        with naturalization.
    (b) Appointment of Executive Director.--The USCF Council shall 
appoint an Executive Director, who shall oversee the day-to-day 
operations of the Foundation.

SEC. 2536. POWERS.

    The Executive Director is authorized to carry out the purposes set 
forth in section 2533 on behalf of the Foundation by--
            (1) accepting, holding, administering, investing, and 
        spending any gift, devise, or bequest of real or personal 
        property made to the Foundation;
            (2) entering into contracts and other financial assistance 
        agreements with individuals, public or private organizations, 
        professional societies, and government agencies to carry out 
        the functions of the Foundation;
            (3) entering into such other contracts, leases, cooperative 
        agreements, and other transactions as the Executive Director 
        considers appropriate to carry out the activities of the 
        Foundation; and
            (4) charging such fees for professional services furnished 
        by the Foundation as the Executive Director determines 
        reasonable and appropriate.

SEC. 2537. INITIAL ENTRY, ADJUSTMENT, AND CITIZENSHIP ASSISTANCE GRANT 
              PROGRAM.

    (a) Authorization.--The Secretary, acting through the Director of 
U.S. Citizenship and Immigration Services, may award Initial Entry, 
Adjustment, and Citizenship Assistance grants to eligible public or 
private, nonprofit organizations.
    (b) Use of Grant Funds.--IEACA grants shall be used for the design 
and implementation of programs that provide direct assistance, within 
the scope of the authorized practice of immigration law--
            (1) to aliens who are preparing an initial application for 
        registered provisional immigrant status under section 245B of 
        the Immigration and Nationality Act and to aliens who are 
        preparing an initial application for blue card status under 
        section 2211, including assisting applicants in--
                    (A) screening to assess prospective applicants' 
                potential eligibility or lack of eligibility;
                    (B) completing applications;
                    (C) gathering proof of identification, employment, 
                residence, and tax payment;
                    (D) gathering proof of relationships of eligible 
                family members;
                    (E) applying for any waivers for which applicants 
                and qualifying family members may be eligible; and
                    (F) any other assistance that the Secretary or 
                grantee considers useful to aliens who are interested 
                in applying for registered provisional immigrant 
                status;
            (2) to aliens seeking to adjust their status under section 
        245, 245B, 245C, or 245F of the Immigration and Nationality 
        Act;
            (3) to legal permanent residents seeking to become 
        naturalized United States citizens; and
            (4) to applicants on--
                    (A) the rights and responsibilities of United 
                States citizenship;
                    (B) civics-based English as a second language;
                    (C) civics, with a special emphasis on common 
                values and traditions of Americans, including an 
                understanding of the history of the United States and 
                the principles of the Constitution; and
                    (D) applying for United States citizenship.

SEC. 2538. PILOT PROGRAM TO PROMOTE IMMIGRANT INTEGRATION AT STATE AND 
              LOCAL LEVELS.

    (a) Grants Authorized.--The Chief shall establish a pilot program 
through which the Chief may award grants, on a competitive basis, to 
States and local governments or other qualifying entities, in 
collaboration with State and local governments--
            (1) to establish New Immigrant Councils to carry out 
        programs to integrate new immigrants; or
            (2) to carry out programs to integrate new immigrants.
    (b) Application.--A State or local government desiring a grant 
under this section shall submit an application to the Chief at such 
time, in such manner, and containing such information as the Chief may 
reasonably require, including--
            (1) a proposal to meet an objective or combination of 
        objectives set forth in subsection (d)(3);
            (2) the number of new immigrants in the applicant's 
        jurisdiction; and
            (3) a description of the challenges in introducing and 
        integrating new immigrants into the State or local community.
    (c) Priority.--In awarding grants under this section, the Chief 
shall give priority to States and local governments or other qualifying 
entities that--
            (1) use matching funds from non-Federal sources, which may 
        include in-kind contributions;
            (2) demonstrate collaboration with public and private 
        entities to achieve the goals of the comprehensive plan 
        developed pursuant to subsection (d)(3);
            (3) are 1 of the 10 States with the highest rate of 
        foreign-born residents; or
            (4) have experienced a large increase in the population of 
        immigrants during the most recent 10-year period relative to 
        past migration patterns, based on data compiled by the Office 
        of Immigration Statistics or the United States Census Bureau.
    (d) Authorized Activities.--A grant awarded under this subsection 
may be used--
            (1) to form a New Immigrant Council, which shall--
                    (A) consist of between 15 and 19 individuals, 
                inclusive, from the State, local government, or 
                qualifying organization;
                    (B) include, to the extent practicable, 
                representatives from--
                            (i) business;
                            (ii) faith-based organizations;
                            (iii) civic organizations;
                            (iv) philanthropic organizations;
                            (v) nonprofit organizations, including 
                        those with legal and advocacy experience 
                        working with immigrant communities;
                            (vi) key education stakeholders, such as 
                        State educational agencies, local educational 
                        agencies, community colleges, and teachers;
                            (vii) State adult education offices;
                            (viii) State or local public libraries; and
                            (ix) State or local governments; and
                    (C) meet not less frequently than once each 
                quarter;
            (2) to provide subgrants to local communities, city 
        governments, municipalities, nonprofit organizations (including 
        veterans' and patriotic organizations), or other qualifying 
        entities;
            (3) to develop, implement, expand, or enhance a 
        comprehensive plan to introduce and integrate new immigrants 
        into the State by--
                    (A) improving English language skills;
                    (B) engaging caretakers with limited English 
                proficiency in their child's education through 
                interactive parent and child literacy activities;
                    (C) improving and expanding access to workforce 
                training programs;
                    (D) teaching United States history, civics 
                education, citizenship rights, and responsibilities;
                    (E) promoting an understanding of the form of 
                government and history of the United States and the 
                principles of the Constitution;
                    (F) improving financial literacy; and
                    (G) focusing on other key areas of importance to 
                integration in our society; and
            (4) to engage receiving communities in the citizenship and 
        civic integration process by--
                    (A) increasing local service capacity;
                    (B) building meaningful connections between newer 
                immigrants and long-time residents;
                    (C) communicating the contributions of receiving 
                communities and new immigrants; and
                    (D) engaging leaders from all sectors of the 
                community.
    (e) Reporting and Evaluation.--
            (1) Annual report.--Each grant recipient shall submit an 
        annual report to the Office that describes--
                    (A) the activities undertaken by the grant 
                recipient, including how such activities meet the goals 
                of the Office, the Foundation, and the comprehensive 
                plan described in subsection (d)(3);
                    (B) the geographic areas being served;
                    (C) the number of immigrants in such areas; and
                    (D) the primary languages spoken in such areas.
            (2) Annual evaluation.--The Chief shall conduct an annual 
        evaluation of the grant program established under this 
        section--
                    (A) to assess and improve the effectiveness of such 
                grant program;
                    (B) to assess the future needs of immigrants and of 
                State and local governments related to immigrants; and
                    (C) to ensure that grantees recipients and 
                subgrantees are acting within the scope and purpose of 
                this subchapter.

SEC. 2539. NATURALIZATION CEREMONIES.

    (a) In General.--The Chief, in consultation with the Director of 
the National Park Service, the Archivist of the United States, and 
other appropriate Federal officials, shall develop and implement a 
strategy to enhance the public awareness of naturalization ceremonies.
    (b) Venues.--In developing the strategy under subsection (a), the 
Secretary shall consider the use of outstanding and historic locations 
as venues for select naturalization ceremonies.
    (c) Reporting Requirement.--The Secretary shall annually submit a 
report to Congress that contains--
            (1) the content of the strategy developed under subsection 
        (a); and
            (2) the progress made towards the implementation of such 
        strategy.

                           CHAPTER 3--FUNDING

SEC. 2541. AUTHORIZATION OF APPROPRIATIONS.

    (a) Office of Citizenship and New Americans.--In addition to any 
amounts otherwise made available to the Office, there are authorized to 
be appropriated to carry out the functions described in section 
451(f)(2) of the Homeland Security Act of 2002 (6 U.S.C. 271(f)(2)), as 
amended by section 2511(b)--
            (1) $10,000,000 for the 5-year period ending on September 
        30, 2018; and
            (2) such sums as may be necessary for fiscal year 2019 and 
        subsequent fiscal years.
    (b) Grant Programs.--There are authorized to be appropriated to 
implement the grant programs authorized under sections 2537 and 2538, 
and to implement the strategy under section 2539--
            (1) $100,000,000 for the 5-year period ending on September 
        30, 2018; and
            (2) such sums as may be necessary for fiscal year 2019 and 
        subsequent fiscal years.

              CHAPTER 4--REDUCE BARRIERS TO NATURALIZATION

SEC. 2551. WAIVER OF ENGLISH REQUIREMENT FOR SENIOR NEW AMERICANS.

    Section 312 (8 U.S.C. 1423) is amended by striking subsection (b) 
and inserting the following:
    ``(b) The requirements under subsection (a) shall not apply to any 
person who--
            ``(1) is unable to comply with such requirements because of 
        physical or mental disability, including developmental or 
        intellectual disability; or
            ``(2) on the date on which the person's application for 
        naturalization is filed under section 334--
                    ``(A) is older than 65 years of age; and
                    ``(B) has been living in the United States for 
                periods totaling at least 5 years after being lawfully 
                admitted for permanent residence.
    ``(c) The requirement under subsection (a)(1) shall not apply to 
any person who, on the date on which the person's application for 
naturalization is filed under section 334--
            ``(1) is older than 50 years of age and has been living in 
        the United States for periods totaling at least 20 years after 
        being lawfully admitted for permanent residence;
            ``(2) is older than 55 years of age and has been living in 
        the United States for periods totaling at least 15 years after 
        being lawfully admitted for permanent residence; or
            ``(3) is older than 60 years of age and has been living in 
        the United States for periods totaling at least 10 years after 
        being lawfully admitted for permanent residence.
    ``(d) The Secretary of Homeland Security may waive, on a case-by-
case basis, the requirement under subsection (a)(2) on behalf of any 
person who, on the date on which the person's application for 
naturalization is filed under section 334--
            ``(1) is older than 60 years of age; and
            ``(2) has been living in the United States for periods 
        totaling at least 10 years after being lawfully admitted for 
        permanent residence.''.

SEC. 2552. FILING OF APPLICATIONS NOT REQUIRING REGULAR INTERNET 
              ACCESS.

    (a) Electronic Filing Not Required.--
            (1) In general.--The Secretary may not require that an 
        applicant or petitioner for permanent residence or citizenship 
        of the United States use an electronic method to file any 
        application, or access to a customer account.
            (2) Sunset date.--This subsection shall cease to be 
        effective on October 1, 2020.
    (b) Notification Requirement.--Beginning on October 1, 2020, the 
Secretary may not require that an applicant or petitioner for permanent 
residence or citizenship of the United States use an electronic method 
to file any application or access to a customer account unless the 
Secretary notifies the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representatives of such 
requirement not later than 30 days before the effective date of such 
requirement.

SEC. 2553. PERMISSIBLE USE OF ASSISTED HOUSING BY BATTERED IMMIGRANTS.

    Section 214 of the Housing and Community Development Act of 1980 
(42 U.S.C. 1436a) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (6), by striking ``; or'' and 
                inserting a semicolon;
                    (B) by redesignating paragraph (7) as paragraph 
                (8); and
                    (C) by inserting after paragraph (6) the following 
                new paragraph:
            ``(7) a qualified alien described in section 431(c) of the 
        Personal Responsibility and Work Opportunity Reconciliation Act 
        of 1996 (8 U.S.C. 1641(c)); or''; and
            (2) in subsection (c)--
                    (A) in paragraph (1)(A), by striking ``paragraphs 
                (1) through (6)'' and inserting ``paragraphs (1) 
                through (7)''; and
                    (B) in paragraph (2)(A), by inserting ``(other than 
                a qualified alien described in section 431(c) of the 
                Personal Responsibility and Work Opportunity 
                Reconciliation Act of 1996 (8 U.S.C. 1641(c)))'' after 
                ``any alien''.

SEC. 2554. UNITED STATES CITIZENSHIP FOR INTERNATIONALLY ADOPTED 
              INDIVIDUALS.

    (a) Automatic Citizenship.--Section 104 of the Child Citizenship 
Act of 2000 (Public Law 106-395; 8 U.S.C. 1431 note) is amended to read 
as follows:

``SEC. 104. APPLICABILITY.

    ``The amendments made by this title shall apply to any individual 
who satisfies the requirements under section 320 or 322 of the 
Immigration and Nationality Act, regardless of the date on which such 
requirements were satisfied.''.
    (b) Modification of Preadoption Visitation Requirement.--Section 
101(b)(1)(F)(i) (8 U.S.C. 1101(b)(1)(F)(i)), as amended by section 
2312, is further amended by striking ``at least twenty-five years of 
age, who personally saw and observed the child prior to or during the 
adoption proceedings;'' and inserting ``who is at least 25 years of 
age, at least 1 of whom personally saw and observed the child before or 
during the adoption proceedings;''.
    (c) Automatic Citizenship for Children of United States Citizens 
Who Are Physically Present in the United States.--
            (1) In general.--Section 320(a)(3) (8 U.S.C. 1431(a)(3)) is 
        amended to read as follows:
            ``(3) The child is physically present in the United States 
        in the legal custody of the citizen parent pursuant to a lawful 
        admission.''.
            (2) Applicability to individual's who no longer have legal 
        status.--Notwithstanding the lack of legal status or physical 
        presence in the United States, a person shall be deemed to meet 
        the requirements under section 320 of the Immigration and 
        Nationality Act, as amended by paragraph (1), if the person--
                    (A) was born outside of the United States;
                    (B) was adopted by a United States citizen before 
                the person reached 18 years of age;
                    (C) was legally admitted to the United States; and
                    (D) would have qualified for automatic United 
                States citizenship if the amendments made by paragraph 
                (1) had been in effect at the time of such admission.
    (d) Retroactive Application.--Section 320(b) (8 U.S.C. 1431(b)) is 
amended by inserting ``, regardless of the date on which the adoption 
was finalized'' before the period at the end.
    (e) Applicability.--The amendments made by this section shall apply 
to any individual adopted by a citizen of the United States regardless 
of whether the adoption occurred prior to, on, or after the date of the 
enactment of the Child Citizenship Act of 2000.

SEC. 2555. TREATMENT OF CERTAIN PERSONS AS HAVING SATISFIED ENGLISH AND 
              CIVICS, GOOD MORAL CHARACTER, AND HONORABLE SERVICE AND 
              DISCHARGE REQUIREMENTS FOR NATURALIZATION.

    (a) Immigration and Nationality Act.--The Immigration and 
Nationality Act is amended by inserting after section 329A (8 U.S.C. 
1440-1) the following new section:

``SEC. 329B. PERSONS WHO HAVE RECEIVED AN AWARD FOR ENGAGEMENT IN 
              ACTIVE COMBAT OR ACTIVE PARTICIPATION IN COMBAT.

    ``(a) In General.--
            ``(1) In general.--For purposes of naturalization and 
        continuing citizenship under the following provisions of law, a 
        person who has received an award described in subsection (b) 
        shall be treated--
                    ``(A) as having satisfied the requirements in 
                sections 312(a), 316(a)(3), and subsections (b)(3), 
                (c), and (e) of section 328; and
                    ``(B) except as provided in paragraph (2), under 
                sections 328 and 329, as having served honorably in the 
                Armed Forces for (in the case of section 328) a period 
                or periods aggregating one year, and, if separated from 
                such service, as having been separated under honorable 
                conditions.
            ``(2) Revocation.--Notwithstanding paragraph (1)(B), any 
        person who separated from the Armed Forces under other than 
        honorable conditions may be subject to revocation of 
        citizenship under section 328(f) or 329(c) if the other 
        requirements of such section are met.
    ``(b) Application.--This section shall apply with respect to the 
following awards from the Armed Forces of the United States:
            ``(1) The Combat Infantryman Badge from the Army.
            ``(2) The Combat Medical Badge from the Army.
            ``(3) The Combat Action Badge from the Army.
            ``(4) The Combat Action Ribbon from the Navy, the Marine 
        Corps, or the Coast Guard.
            ``(5) The Air Force Combat Action Medal.
            ``(6) Any other award that the Secretary of Defense 
        determines to be an equivalent award for engagement in active 
        combat or active participation in combat.''.
    (b) Clerical Amendment.--The table of contents of such Act (8 
U.S.C. 1101 et seq.) is amended by inserting after the item relating to 
section 329A the following:

``Sec. 329B. Persons who have received an award for engagement in 
                            active combat or active participation in 
                            combat.''.

                    TITLE III--INTERIOR ENFORCEMENT

               Subtitle A--Employment Verification System

SEC. 3101. UNLAWFUL EMPLOYMENT OF UNAUTHORIZED ALIENS.

    (a) In General.--Section 274A (8 U.S.C. 1324a) is amended to read 
as follows:

``SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS.

    ``(a) Making Employment of Unauthorized Aliens Unlawful.--
            ``(1) In general.--It is unlawful for an employer--
                    ``(A) to hire, recruit, or refer for a fee an alien 
                for employment in the United States knowing that the 
                alien is an unauthorized alien with respect to such 
                employment; or
                    ``(B) to hire, recruit, or refer for a fee for 
                employment in the United States an individual without 
                complying with the requirements under subsections (c) 
                and (d).
            ``(2) Continuing employment.--
                    ``(A) Prohibition on continued employment of 
                unauthorized aliens.--It is unlawful for an employer, 
                after hiring an alien for employment, to continue to 
                employ the alien in the United States knowing that the 
                alien is (or has become) an unauthorized alien with 
                respect to such employment.
                    ``(B) Prohibition on consideration of previous 
                unauthorized status.--Nothing in this section may be 
                construed to prohibit the employment of an individual 
                who is authorized for employment in the United States 
                if such individual was previously an unauthorized 
                alien.
            ``(3) Use of labor through contract.--For purposes of this 
        section, any employer that uses a contract, subcontract, or 
        exchange to obtain the labor of an alien in the United States 
        while knowing that the alien is an unauthorized alien with 
        respect to performing such labor shall be considered to have 
        hired the alien for employment in the United States in 
        violation of paragraph (1)(A).
            ``(4) Use of state employment agency documentation.--For 
        purposes of paragraphs (1)(B), (5), and (6), an employer shall 
        be deemed to have complied with the requirements under 
        subsection (c) with respect to the hiring of an individual who 
        was referred for such employment by a State employment agency 
        (as defined by the Secretary) if the employer has and retains 
        (for the period and in the manner described in subsection 
        (c)(3)) appropriate documentation of such referral by such 
        agency, certifying that such agency has complied with the 
        procedures described in subsection (c) with respect to the 
        individual's referral. An employer that relies on a State 
        agency's certification of compliance with subsection (c) under 
        this paragraph may utilize and retain the State agency's 
        certification of compliance with the procedures described in 
        subsection (d), if any, in the manner provided under this 
        paragraph.
            ``(5) Good faith defense.--
                    ``(A) Defense.--An employer, person, or entity that 
                hires, employs, recruits, or refers individuals for 
                employment in the United States, or is otherwise 
                obligated to comply with the requirements under this 
                section and establishes good faith compliance with the 
                requirements under paragraphs (1) through (4) of 
                subsection (c) and subsection (d)--
                            ``(i) has established an affirmative 
                        defense that the employer, person, or entity 
                        has not violated paragraph (1)(A) with respect 
                        to hiring and employing; and
                            ``(ii) has established compliance with its 
                        obligations under subparagraph (A) and (B) of 
                        paragraph (1) and subsection (c) unless the 
                        Secretary demonstrates that the employer had 
                        knowledge that an individuals hired, employed, 
                        recruited, or referred by the employer, person, 
                        or entity is an unauthorized alien.
                    ``(B) Exception for certain employers.--An employer 
                who is not required to participate in the System or who 
                is participating in the System on a voluntary basis 
                pursuant to subsection (d)(2)(J) has established an 
                affirmative defense under subparagraph (A) and need not 
                demonstrate compliance with the requirements under 
                subsection (d).
            ``(6) Good faith compliance.--
                    ``(A) In general.--Except as otherwise provided in 
                this subsection, an employer, person, or entity is 
                considered to have complied with a requirement under 
                this subsection notwithstanding a technical or 
                procedural failure to meet such requirement if there 
                was a good faith attempt to comply with the 
                requirement.
                    ``(B) Exception if failure to correct after 
                notice.--Subparagraph (A) shall not apply if--
                            ``(i) the failure is not de minimis;
                            ``(ii) the Secretary of Homeland Security 
                        has explained to the employer, person, or 
                        entity the basis for the failure and why it is 
                        not de minimis;
                            ``(iii) the employer, person, or entity has 
                        been provided a period of not less than 30 days 
                        (beginning after the date of the explanation) 
                        to correct the failure; and
                            ``(iv) the employer, person, or entity has 
                        not corrected the failure voluntarily within 
                        such period.
                    ``(C) Exception for pattern or practice 
                violators.--Subparagraph (A) shall not apply to an 
                employer, person, or entity that has engaged or is 
                engaging in a pattern or practice of violations of 
                paragraph (1)(A) or (2).
            ``(7) Presumption.--After the date on which an employer is 
        required to participate in the System under subsection (d), the 
        employer is presumed to have acted with knowledge for purposes 
        of paragraph (1)(A) if the employer hires, employs, recruits, 
        or refers an employee for a fee and fails to make an inquiry to 
        verify the employment authorization status of the employee 
        through the System.
            ``(8) Continued application of workforce and labor 
        protection remedies despite unauthorized employment.--
                    ``(A) In general.--Subject only to subparagraph 
                (B), all rights and remedies provided under any 
                Federal, State, or local law relating to workplace 
                rights, including but not limited to back pay, are 
                available to an employee despite--
                            ``(i) the employee's status as an 
                        unauthorized alien during or after the period 
                        of employment; or
                            ``(ii) the employer's or employee's failure 
                        to comply with the requirements of this 
                        section.
                    ``(B) Reinstatement.--Reinstatement shall be 
                available to individuals who--
                            ``(i) are authorized to work in the United 
                        States at the time such relief is ordered or 
                        effectuated; or
                            ``(ii) lost employment-authorized status 
                        due to the unlawful acts of the employer under 
                        this section.
    ``(b) Definitions.--In this section:
            ``(1) Commissioner.--The term `Commissioner' means the 
        Commissioner of Social Security.
            ``(2) Department.--Except as otherwise provided, the term 
        `Department' means the Department of Homeland Security.
            ``(3) Employer.--The term `employer' means any person or 
        entity, including an agency or department of a Federal, State, 
        or local government, an agent, or a System service provider 
        acting on behalf of an employer, that hires, employs, recruits, 
        or refers for a fee an individual for employment in the United 
        States that is not casual, sporadic, irregular, or intermittent 
        (as defined by the Secretary).
            ``(4) Employment authorized status.--The term `employment 
        authorized status' means, with respect to an individual, that 
        the individual is authorized to be employed in the United 
        States under the immigration laws of the United States.
            ``(5) Secretary.--Except as otherwise specifically 
        provided, the term `Secretary' means the Secretary of Homeland 
        Security.
            ``(6) System.--The term `System' means the Employment 
        Verification System established under subsection (d).
            ``(7) Unauthorized alien.--The term `unauthorized alien' 
        means an alien who, with respect to employment in the United 
        States at a particular time--
                    ``(A) is not lawfully admitted for permanent 
                residence; or
                    ``(B) is not authorized to be employed under this 
                Act or by the Secretary.
            ``(8) Workplace rights.--The term `workplace rights' means 
        rights guaranteed under Federal, State, or local labor or 
        employment laws, including laws concerning wages and hours, 
        benefits and employment standards, labor relations, workplace 
        health and safety, work-related injuries, nondiscrimination, 
        and retaliation for exercising rights under such laws.
    ``(c) Document Verification Requirements.--Any employer hiring an 
individual for employment in the United States shall comply with the 
following requirements and the requirements under subsection (d) to 
verify that the individual has employment authorized status.
            ``(1) Attestation after examination of documentation.--
                    ``(A) In general.--
                            ``(i) Examination by employer.--An employer 
                        shall attest, under penalty of perjury on a 
                        form prescribed by the Secretary, that the 
                        employer has verified the identity and 
                        employment authorization status of the 
                        individual--
                                    ``(I) by examining--
                                            ``(aa) a document specified 
                                        in subparagraph (C); or
                                            ``(bb) a document specified 
                                        in subparagraph (D) and a 
                                        document specified in 
                                        subparagraph (E); and
                                    ``(II) by utilizing an identity 
                                authentication mechanism described in 
                                clause (iii) or (iv) of subparagraph 
                                (F).
                            ``(ii) Publication of documents.--The 
                        Secretary shall publish a picture of each 
                        document specified in subparagraphs (C) and (E) 
                        on the U.S. Citizenship and Immigration 
                        Services website.
                    ``(B) Requirements.--
                            ``(i) Form.--The form referred to in 
                        subparagraph (A)(i)--
                                    ``(I) shall be prescribed by the 
                                Secretary not later than 6 months after 
                                the date of the enactment of the Border 
                                Security, Economic Opportunity, and 
                                Immigration Modernization Act;
                                    ``(II) shall be available as--
                                            ``(aa) a paper form;
                                            ``(bb) a form that may be 
                                        completed by an employer via 
                                        telephone or video conference;
                                            ``(cc) an electronic form; 
                                        or
                                            ``(dd) a form that is 
                                        integrated electronically with 
                                        the requirements under 
                                        subsection (d).
                            ``(ii) Attestation.--Each such form shall 
                        require the employer to sign an attestation 
                        with a handwritten, electronic, or digital pin 
                        code signature, according to standards 
                        prescribed by the Secretary.
                            ``(iii) Compliance.--An employer has 
                        complied with the requirements under this 
                        paragraph with respect to examination of the 
                        documents included in subclauses (I) and (II) 
                        of subparagraph (A)(i) if--
                                    ``(I) the employer has, in good 
                                faith, followed applicable regulations 
                                and any written procedures or 
                                instructions provided by the Secretary; 
                                and
                                    ``(II) a reasonable person would 
                                conclude that the documentation is 
                                genuine and relates to the individual 
                                presenting such documentation.
                    ``(C) Documents establishing identity and 
                employment authorized status.--A document is specified 
                in this subparagraph if the document is unexpired 
                (unless the validity of the document is extended by 
                law) and is 1 of the following:
                            ``(i) A United States passport or passport 
                        card issued to an individual pursuant to the 
                        Secretary of State's authority under the Act 
                        entitled `An Act to regulate the issue and 
                        validity of passports, and for other purposes', 
                        approved July 3, 1926 (22 U.S.C. 211a).
                            ``(ii) A document issued to an alien 
                        evidencing that the alien is lawfully admitted 
                        for permanent residence or another document 
                        issued to an individual evidencing the 
                        individual's employment authorized status, as 
                        designated by the Secretary, if the document--
                                    ``(I) contains a photograph of the 
                                individual, or such other personal 
                                identifying information relating to the 
                                individual as the Secretary determines, 
                                by regulation, to be sufficient for the 
                                purposes of this subparagraph;
                                    ``(II) is evidence of employment 
                                authorized status; and
                                    ``(III) contains security features 
                                to make the document resistant to 
                                tampering, counterfeiting, and 
                                fraudulent use.
                            ``(iii) An enhanced driver's license or 
                        identification card issued to a national of the 
                        United States by a State, an outlying 
                        possession of the United States, or a federally 
                        recognized Indian tribe that--
                                    ``(I) meets the requirements under 
                                section 202 of the REAL ID Act of 2005 
                                (division B of Public Law 109-13; 49 
                                U.S.C. 30301 note); and
                                    ``(II) the Secretary has certified 
                                by notice published in the Federal 
                                Register and through appropriate notice 
                                directly to employers registered in the 
                                System 3 months prior to publication 
                                that such enhanced license or card is 
                                suitable for use under this 
                                subparagraph based upon the accuracy 
                                and security of the issuance process, 
                                security features on the document, and 
                                such other factors as the Secretary may 
                                prescribe.
                            ``(iv) A passport issued by the appropriate 
                        authority of a foreign country accompanied by a 
                        Form I-94 or Form I-94A (or similar successor 
                        record), or other documentation as designated 
                        by the Secretary that specifies the 
                        individual's status in the United States and 
                        the duration of such status if the proposed 
                        employment is not in conflict with any 
                        restriction or limitation specified on such 
                        form or documentation.
                            ``(v) A passport issued by the Federated 
                        States of Micronesia or the Republic of the 
                        Marshall Islands with evidence of nonimmigrant 
                        admission to the United States under the 
                        Compact of Free Association between the United 
                        States and the Federated States of Micronesia 
                        or the Republic of the Marshall Islands.
                    ``(D) Documents establishing identity of 
                individual.--A document is specified in this 
                subparagraph if the document is unexpired (unless the 
                validity of the document is extended by law) and is 1 
                of the following:
                            ``(i) A driver's license or identity card 
                        that is not described in subparagraph (C)(iii) 
                        and is issued to an individual by a State or an 
                        outlying possession of the United States, a 
                        federally recognized Indian tribe, or an agency 
                        (including military) of the Federal Government 
                        if the driver's license or identity card 
                        includes, at a minimum--
                                    ``(I) the individual's photograph, 
                                name, date of birth, gender, and 
                                driver's license or identification card 
                                number; and
                                    ``(II) security features to make 
                                the license or card resistant to 
                                tampering, counterfeiting, and 
                                fraudulent use.
                            ``(ii) A voter registration card.
                            ``(iii) A document that complies with the 
                        requirements under section 7209(b)(1) of the 
                        Intelligence Reform and Terrorism Prevention 
                        Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 
                        note).
                            ``(iv) For individuals under 18 years of 
                        age who are unable to present a document listed 
                        in clause (i) or (ii), documentation of 
                        personal identity of such other type as the 
                        Secretary determines will provide a reliable 
                        means of identification, which may include an 
                        attestation as to the individual's identity by 
                        a parent or legal guardian under penalty of 
                        perjury.
                    ``(E) Documents evidencing employment 
                authorization.--A document is specified in this 
                subparagraph if the document is unexpired (unless the 
                validity of the document is extended by law) and is 1 
                of the following:
                            ``(i) A social security account number card 
                        issued by the Commissioner, other than a card 
                        which specifies on its face that the card is 
                        not valid to evidence employment authorized 
                        status or has other similar words of 
                        limitation.
                            ``(ii) Any other documentation evidencing 
                        employment authorized status that the Secretary 
                        determines and publishes in the Federal 
                        Register and through appropriate notice 
                        directly to employers registered within the 
                        System to be acceptable for purposes of this 
                        subparagraph if such documentation, including 
                        any electronic security measures linked to such 
                        documentation, contains security features to 
                        make such documentation resistant to tampering, 
                        counterfeiting, and fraudulent use.
                    ``(F) Identity authentication mechanism.--
                            ``(i) Definitions.--In this subparagraph:
                                    ``(I) Covered identity document.--
                                The term `covered identity document' 
                                means a valid--
                                            ``(aa) United States 
                                        passport, passport card, or a 
                                        document evidencing lawful 
                                        permanent residence status or 
                                        employment authorized status 
                                        issued to an alien;
                                            ``(bb) enhanced driver's 
                                        license or identity card issued 
                                        by a participating State or an 
                                        outlying possession of the 
                                        United States; or
                                            ``(cc) photograph and 
                                        appropriate identifying 
                                        information provided by the 
                                        Secretary of State pursuant to 
                                        the granting of a visa.
                                    ``(II) Participating state.--The 
                                term `participating State' means a 
                                State that has an agreement with the 
                                Secretary to provide the Secretary, for 
                                purposes of identity verification in 
                                the System, with photographs and 
                                appropriate identifying information 
                                maintained by the State.
                            ``(ii) Requirement for identity 
                        authentication.--In addition to verifying the 
                        documents specified in subparagraph (C), (D), 
                        or (E) and utilizing the System under 
                        subsection (d), each employer shall use an 
                        identity authentication mechanism described in 
                        clause (iii) or provided in clause (iv) after 
                        it becomes available to verify the identity of 
                        each individual the employer seeks to hire.
                            ``(iii) Photo tool.--
                                    ``(I) Use requirement.--An employer 
                                hiring an individual who has a covered 
                                identity document shall verify the 
                                identity of such individual using the 
                                photo tool described in subclause (II).
                                    ``(II) Development requirement.--
                                The Secretary shall develop and 
                                maintain a photo tool that enables 
                                employers to match the photo on a 
                                covered identity document provided to 
                                the employer to a photo maintained by a 
                                U.S. Citizenship and Immigration 
                                Services database.
                            ``(iv) Additional security measures.--
                                    ``(I) Use requirement.--An employer 
                                seeking to hire an individual whose 
                                identity may not be verified using the 
                                photo tool described in clause (iii) 
                                shall verify the identity of such 
                                individual using the additional 
                                security measures described in 
                                subclause (II).
                                    ``(II) Development requirement.--
                                The Secretary shall develop, after 
                                publication in the Federal Register and 
                                an opportunity for public comment, 
                                specific and effective additional 
                                security measures to adequately verify 
                                the identity of an individual whose 
                                identity may not be verified using the 
                                photo tool described in clause (iii). 
                                Such additional security measures--
                                            ``(aa) shall be kept up-to-
                                        date with technological 
                                        advances; and
                                            ``(bb) shall provide a 
                                        means of identity 
                                        authentication in a manner that 
                                        provides a high level of 
                                        certainty as to the identity of 
                                        such individual, using 
                                        immigration and identifying 
                                        information that may include 
                                        review of identity documents or 
                                        background screening 
                                        verification techniques using 
                                        publicly available information.
                    ``(G) Authority to prohibit use of certain 
                documents.--If the Secretary determines, after 
                publication in the Federal Register and an opportunity 
                for public comment, that any document or class of 
                documents specified in subparagraph (B), (C), or (D) 
                does not reliably establish identity or that employment 
                authorized status is being used fraudulently to an 
                unacceptable degree, the Secretary--
                            ``(i) may prohibit or restrict the use of 
                        such document or class of documents for 
                        purposes of this subsection; and
                            ``(ii) shall directly notify all employers 
                        registered within the System of the prohibition 
                        through appropriate means.
                    ``(H) Authority to allow use of certain 
                documents.--If the Secretary has determined that 
                another document or class of documents, such as a 
                document issued by a federally recognized Indian tribe, 
                may be used to reliably establish identity or 
                employment authorized status, the Secretary--
                            ``(i) may allow the use of that document or 
                        class of documents for purposes of this 
                        subsection after publication in the Federal 
                        Register and an opportunity for public comment;
                            ``(ii) shall publish a description of any 
                        such document or class of documents on the U.S. 
                        Citizenship and Immigration Services website; 
                        and
                            ``(iii) shall directly notify all employers 
                        registered within the System of the addition 
                        through appropriate means.
            ``(2) Individual attestation of employment authorization.--
        An individual, upon commencing employment with an employer, 
        shall--
                    ``(A) attest, under penalty of perjury, on the form 
                prescribed by the Secretary, that the individual is--
                            ``(i) a citizen of the United States;
                            ``(ii) an alien lawfully admitted for 
                        permanent residence;
                            ``(iii) an alien who has employment 
                        authorized status; or
                            ``(iv) otherwise authorized by the 
                        Secretary to be hired for such employment;
                    ``(B) provide such attestation by a handwritten, 
                electronic, or digital pin code signature; and
                    ``(C) provide the individual's social security 
                account number to the Secretary, unless the individual 
                has not yet been issued such a number, on such form as 
                the Secretary may require.
            ``(3) Retention of verification record.--
                    ``(A) In general.--After completing a form for an 
                individual in accordance with paragraphs (1) and (2), 
                the employer shall retain a version of such completed 
                form and make such form available for inspection by the 
                Secretary or the Office of Special Counsel for 
                Immigration-Related Unfair Employment Practices of the 
                Department of Justice during the period beginning on 
                the hiring date of the individual and ending on the 
                later of--
                            ``(i) the date that is 3 years after such 
                        hiring date; or
                            ``(ii) the date that is 1 year after the 
                        date on which the individual's employment with 
                        the employer is terminated.
                    ``(B) Requirement for electronic retention.--The 
                Secretary--
                            ``(i) shall permit an employer to retain 
                        the form described in subparagraph (A) in 
                        electronic form; and
                            ``(ii) shall permit an employer to retain 
                        such form in paper, microfiche, microfilm, 
                        portable document format, or other media.
            ``(4) Copying of documentation and recordkeeping.--The 
        Secretary may promulgate regulations regarding--
                    ``(A) copying documents and related information 
                pertaining to employment verification presented by an 
                individual under this subsection; and
                    ``(B) retaining such information during a period 
                not to exceed the required retention period set forth 
                in paragraph (3).
            ``(5) Penalties.--An employer that fails to comply with any 
        requirement under this subsection may be penalized under 
        subsection (e)(4)(B).
            ``(6) Protection of civil rights.--
                    ``(A) In general.--Nothing in this section may be 
                construed to diminish any rights otherwise protected by 
                Federal law.
                    ``(B) Prohibition on discrimination.--An employer 
                shall use the procedures for document verification set 
                forth in this paragraph for all employees without 
                regard to race, color, religion, sex, national origin, 
                or, unless specifically permitted in this section, to 
                citizenship status.
            ``(7) Receipts.--The Secretary may authorize the use of 
        receipts for replacement documents, and temporary evidence of 
        employment authorization by an individual to meet a 
        documentation requirement under this subsection on a temporary 
        basis not to exceed 1 year, after which time the individual 
        shall provide documentation sufficient to satisfy the 
        documentation requirements under this subsection.
            ``(8) No authorization of national identification cards.--
        Nothing in this section may be construed to directly or 
        indirectly authorize the issuance, use, or establishment of a 
        national identification card.
    ``(d) Employment Verification System.--
            ``(1) In general.--
                    ``(A) Establishment.--The Secretary, in 
                consultation with the Commissioner, shall establish the 
                Employment Verification System.
                    ``(B) Monitoring.--The Secretary shall create the 
                necessary processes to monitor--
                            ``(i) the functioning of the System, 
                        including the volume of the workflow, the speed 
                        of processing of queries, the speed and 
                        accuracy of responses;
                            ``(ii) the misuse of the System, including 
                        the prevention of fraud or identity theft;
                            ``(iii) whether the use of the System 
                        results in wrongful adverse actions or 
                        discrimination based upon a prohibited factor 
                        against citizens or nationals of the United 
                        States or individuals who have employment 
                        authorized status; and
                            ``(iv) the security, integrity, and privacy 
                        of the System.
                    ``(C) Procedures.--The Secretary--
                            ``(i) shall create processes to provide an 
                        individual with direct access to the 
                        individual's case history in the System, 
                        including--
                                    ``(I) the identities of all persons 
                                or entities that have queried the 
                                individual through the System;
                                    ``(II) the date of each such query; 
                                and
                                    ``(III) the System response for 
                                each such query; and
                            ``(ii) in consultation with the 
                        Commissioner, shall develop--
                                    ``(I) protocols to notify an 
                                individual, in a timely manner through 
                                the use of electronic correspondence or 
                                mail, that a query for the individual 
                                has been processed through the System; 
                                or
                                    ``(II) a process for the individual 
                                to submit additional queries to the 
                                System or notify the Secretary of 
                                potential identity fraud.
            ``(2) Participation requirements.--
                    ``(A) Federal government.--Except as provided in 
                subparagraph (B), all agencies and departments in the 
                executive, legislative, or judicial branches of the 
                Federal Government shall participate in the System 
                beginning on the earlier of--
                            ``(i) the date of the enactment of the 
                        Border Security, Economic Opportunity, and 
                        Immigration Modernization Act, to the extent 
                        required under section 402(e)(1) of the Illegal 
                        Immigration Reform and Immigrant Responsibility 
                        Act of 1996 (division C of Public Law 104-208; 
                        8 U.S.C. 1324a) and as already implemented by 
                        each agency or department; or
                            ``(ii) the date that is 90 days after the 
                        date of the enactment of the Border Security, 
                        Economic Opportunity, and Immigration 
                        Modernization Act.
                    ``(B) Federal contractors.--Federal contractors 
                shall participate in the System as provided in the 
                final rule relating to employment eligibility 
                verification published in the Federal Register on 
                November 14, 2008 (73 Fed. Reg. 67,651), or any similar 
                subsequent regulation, for which purpose references to 
                E-Verify in the final rule shall be construed to apply 
                to the System.
                    ``(C) Critical infrastructure.--
                            ``(i) In general.--Beginning on the date 
                        that is 1 year after the date on which 
                        regulations are published implementing this 
                        subsection, the Secretary may authorize or 
                        direct any employer, person, or entity 
                        responsible for granting access to, protecting, 
                        securing, operating, administering, or 
                        regulating part of the critical infrastructure 
                        (as defined in section 1016(e) of the Critical 
                        Infrastructure Protection Act of 2001 (42 
                        U.S.C. 5195c(e))) to participate in the System 
                        to the extent the Secretary determines that 
                        such participation will assist in the 
                        protection of the critical infrastructure.
                            ``(ii) Notification to employers.--The 
                        Secretary shall notify an employer required to 
                        participate in the System under this 
                        subparagraph not later than 90 days before the 
                        date on which the employer is required to 
                        participate.
                    ``(D) Employers with more than 5,000 employees.--
                Not later than 2 years after regulations are published 
                implementing this subsection, all employers with more 
                than 5,000 employees shall participate in the System 
                with respect to all newly hired employees and employees 
                with expiring temporary employment authorization 
                documents.
                    ``(E) Employers with more than 500 employees.--Not 
                later than 3 years after regulations are published 
                implementing this subsection, all employers with more 
                than 500 employees shall participate in the System with 
                respect to all newly hired employees and employees with 
                expiring temporary employment authorization documents.
                    ``(F) Agricultural employment.--Not later than 4 
                years after regulations are published implementing this 
                subsection, employers of employees performing 
                agricultural employment (as defined in section 218A of 
                this Act and section 2202 of the Border Security, 
                Economic Opportunity, and Immigration Modernization 
                Act) shall participate in the System with respect to 
                all newly hired employees and employees with expiring 
                temporary employment authorization documents. An 
                agricultural employee shall not be counted for purposes 
                of subparagraph (D) or (E).
                    ``(G) All employers.--Except as provided in 
                subparagraph (H), not later than 4 years after 
                regulations are published implementing this subsection, 
                all employers shall participate in the System with 
                respect to all newly hired employees and employees with 
                expiring temporary employment authorization documents.
                    ``(H) Tribal government employers.--
                            ``(i) Rulemaking.--In developing 
                        regulations to implement this subsection, the 
                        Secretary shall--
                                    ``(I) consider the effects of this 
                                section on federally recognized Indian 
                                tribes and tribal members; and
                                    ``(II) consult with the governments 
                                of federally recognized Indian tribes.
                            ``(ii) Required participation.--Not later 
                        than 5 years after regulations are published 
                        implementing this subsection, all employers 
                        owned by, or entities of, the government of a 
                        federally recognized Indian tribe shall 
                        participate in the System with respect to all 
                        newly hired employees and employees with 
                        expiring temporary employment authorization 
                        documents.
                    ``(I) Immigration law violators.--
                            ``(i) Orders finding violations.--An order 
                        finding any employer to have violated this 
                        section or section 274C may, in the Secretary's 
                        discretion, require the employer to participate 
                        in the System with respect to newly hired 
                        employees and employees with expiring temporary 
                        employment authorization documents, if such 
                        employer is not otherwise required to 
                        participate in the System under this section. 
                        The Secretary shall monitor such employer's 
                        compliance with System procedures.
                            ``(ii) Pattern or practice of violations.--
                        The Secretary may require an employer that is 
                        required to participate in the System with 
                        respect to newly hired employees to participate 
                        in the System with respect to the employer's 
                        current employees if the employer is determined 
                        by the Secretary or other appropriate authority 
                        to have engaged in a pattern or practice of 
                        violations of the immigration laws of the 
                        United States.
                    ``(J)  Voluntary participation.--The Secretary may 
                permit any employer that is not required to participate 
                in the System under this section to do so on a 
                voluntary basis.
            ``(3) Consequence of failure to participate.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the failure, other than a de minimis 
                or inadvertent failure, of an employer that is required 
                to participate in the System to comply with the 
                requirements of the System with respect to an 
                individual--
                            ``(i) shall be treated as a violation of 
                        subsection (a)(1)(B) with respect to that 
                        individual; and
                            ``(ii) creates a rebuttable presumption 
                        that the employer has violated paragraph (1)(A) 
                        or (2) of subsection (a).
                    ``(B) Exception.--
                            ``(i) In general.--Subparagraph (A) shall 
                        not apply in a criminal prosecution.
                            ``(ii) Use as evidence.--Nothing in this 
                        paragraph may be construed to limit the use in 
                        the prosecution of a Federal crime, in a manner 
                        otherwise consistent with Federal criminal law 
                        and procedure, of evidence relating to the 
                        employer's failure to comply with requirements 
                        of the System.
            ``(4) Procedures for participants in the system.--
                    ``(A) In general.--An employer participating in the 
                System shall register such participation with the 
                Secretary and, when hiring any individual for 
                employment in the United States, shall comply with the 
                following:
                            ``(i) Registration of employers.--The 
                        Secretary, through notice in the Federal 
                        Register, shall prescribe procedures that 
                        employers shall be required to follow to 
                        register with the System.
                            ``(ii) Updating information.--The employer 
                        is responsible for providing notice of any 
                        change to the information required under 
                        subclauses (I), (II), and (III) of clause (v) 
                        before conducting any further inquiries within 
                        the System, or on such other schedule as the 
                        Secretary may prescribe.
                            ``(iii) Training.--The Secretary shall 
                        require employers to undergo such training as 
                        the Secretary determines to be necessary to 
                        ensure proper use, protection of civil rights 
                        and civil liberties, privacy, integrity, and 
                        security of the System. To the extent 
                        practicable, such training shall be made 
                        available electronically on the U.S. 
                        Citizenship and Immigration Services website.
                            ``(iv) Notification to employees.--The 
                        employer shall inform individuals hired for 
                        employment that the System--
                                    ``(I) will be used by the employer;
                                    ``(II) may be used for immigration 
                                enforcement purposes; and
                                    ``(III) may not be used to 
                                discriminate or to take adverse action 
                                against a national of the United States 
                                or an alien who has employment 
                                authorized status.
                            ``(v) Provision of additional 
                        information.--The employer shall obtain from 
                        the individual (and the individual shall 
                        provide) and shall record in such manner as the 
                        Secretary may specify--
                                    ``(I) the individual's social 
                                security account number;
                                    ``(II) if the individual does not 
                                attest to United States citizenship or 
                                status as a national of the United 
                                States under subsection (c)(2), such 
                                identification or authorization number 
                                established by the Department as the 
                                Secretary shall specify; and
                                    ``(III) such other information as 
                                the Secretary may require to determine 
                                the identity and employment 
                                authorization of an individual.
                            ``(vi) Presentation of documentation.--The 
                        employer, and the individual whose identity and 
                        employment authorized status are being 
                        confirmed, shall fulfill the requirements under 
                        subsection (c).
                    ``(B) Seeking confirmation.--
                            ``(i) In general.--An employer shall use 
                        the System to confirm the identity and 
                        employment authorized status of any individual 
                        during--
                                    ``(I) the period beginning on the 
                                date on which the individual accepts an 
                                offer of employment and ending 3 
                                business days after the date on which 
                                employment begins; or
                                    ``(II) such other reasonable period 
                                as the Secretary may prescribe.
                            ``(ii) Limitation.--An employer may not 
                        make the starting date of an individual's 
                        employment or training or any other term and 
                        condition of employment dependent on the 
                        receipt of a confirmation of identity and 
                        employment authorized status by the System.
                            ``(iii) Reverification.--If an individual 
                        has a limited period of employment authorized 
                        status, the individual's employer shall 
                        reverify such status through the System not 
                        later than 3 business days after the last day 
                        of such period.
                            ``(iv) Other employment.--For employers 
                        directed by the Secretary to participate in the 
                        System under paragraph (2)(C)(i) to protect 
                        critical infrastructure or otherwise specified 
                        circumstances in this section to verify their 
                        entire workforce, the System may be used for 
                        initial verification of an individual who was 
                        hired before the employer became subject to the 
                        System, and the employer shall initiate all 
                        required procedures on or before such date as 
                        the Secretary shall specify.
                            ``(v) Notification.--
                                    ``(I) In general.--The Secretary 
                                shall provide, and the employer shall 
                                utilize, as part of the System, a 
                                method of notifying employers of a 
                                confirmation or nonconfirmation of an 
                                individual's identity and employment 
                                authorized status, or a notice that 
                                further action is required to verify 
                                such identity or employment eligibility 
                                (referred to in this subsection as a 
                                `further action notice').
                                    ``(II) Procedures.--The Secretary 
                                shall--
                                            ``(aa) directly notify the 
                                        individual and the employer, by 
                                        means of electronic 
                                        correspondence, mail, text 
                                        message, telephone, or other 
                                        direct communication, of a 
                                        nonconfirmation or further 
                                        action notice;
                                            ``(bb) provide information 
                                        about filing an administrative 
                                        appeal under paragraph (6) and 
                                        a filing for review before an 
                                        administrative law judge under 
                                        paragraph (7); and
                                            ``(cc) establish procedures 
                                        to directly notify the 
                                        individual and the employer of 
                                        a confirmation.
                                    ``(III) Implementation.--The 
                                Secretary may provide for a phased-in 
                                implementation of the notification 
                                requirements under this clause, as 
                                appropriate. The notification system 
                                shall cover all inquiries not later 
                                than 1 year from the date of the 
                                enactment of the Border Security, 
                                Economic Opportunity, and Immigration 
                                Modernization Act.
                    ``(C) Confirmation or nonconfirmation.--
                            ``(i) Initial response.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), the System 
                                shall provide--
                                            ``(aa) a confirmation of an 
                                        individual's identity and 
                                        employment authorized status or 
                                        a further action notice at the 
                                        time of the inquiry; and
                                            ``(bb) an appropriate code 
                                        indicating such confirmation or 
                                        such further action notice.
                                    ``(II) Alternative deadline.--If 
                                the System is unable to provide 
                                immediate confirmation or further 
                                action notice for technological reasons 
                                or due to unforeseen circumstances, the 
                                System shall provide a confirmation or 
                                further action notice not later than 3 
                                business days after the initial 
                                inquiry.
                            ``(ii) Confirmation upon initial inquiry.--
                        If the employer receives an appropriate 
                        confirmation of an individual's identity and 
                        employment authorized status under the System, 
                        the employer shall record the confirmation in 
                        such manner as the Secretary may specify.
                            ``(iii) Further action notice and later 
                        confirmation or nonconfirmation.--
                                    ``(I) Notification and 
                                acknowledgment that further action is 
                                required.--Not later than 3 business 
                                days after an employer receives a 
                                further action notice of an 
                                individual's identity or employment 
                                eligibility under the System, or during 
                                such other reasonable time as the 
                                Secretary may prescribe, the employer 
                                shall notify the individual for whom 
                                the confirmation is sought of the 
                                further action notice and any 
                                procedures specified by the Secretary 
                                for addressing such notice. The further 
                                action notice shall be given to the 
                                individual in writing and the employer 
                                shall acknowledge in the System under 
                                penalty of perjury that it provided the 
                                employee with the further action 
                                notice. The individual shall 
                                affirmatively acknowledge in writing, 
                                or in such other manner as the 
                                Secretary may specify, the receipt of 
                                the further action notice from the 
                                employer. If the individual refuses to 
                                acknowledge the receipt of the further 
                                action notice, or acknowledges in 
                                writing that the individual will not 
                                contest the further action notice under 
                                subclause (II), the employer shall 
                                notify the Secretary in such manner as 
                                the Secretary may specify.
                                    ``(II) Contest.--Not later than 10 
                                business days after receiving 
                                notification of a further action notice 
                                under subclause (I), the individual 
                                shall contact the appropriate Federal 
                                agency and, if the Secretary so 
                                requires, appear in person for purposes 
                                of verifying the individual's identity 
                                and employment eligibility. The 
                                Secretary, in consultation with the 
                                Commissioner and other appropriate 
                                Federal agencies, shall specify an 
                                available secondary verification 
                                procedure to confirm the validity of 
                                information provided and to provide a 
                                confirmation or nonconfirmation. Any 
                                procedures for reexamination shall not 
                                limit in any way an employee's right to 
                                appeal a nonconfirmation.
                                    ``(III) No contest.--If the 
                                individual refuses to acknowledge 
                                receipt of the further action notice, 
                                acknowledges that the individual will 
                                not contest the further action notice 
                                as provided in subclause (I), or does 
                                not contact the appropriate Federal 
                                agency within the period specified in 
                                subclause (II), following expiration of 
                                the period specified in subclause (II), 
                                a nonconfirmation shall be issued. The 
                                employer shall record the 
                                nonconfirmation in such manner as the 
                                Secretary may specify and terminate the 
                                individual's employment. An 
                                individual's failure to contest a 
                                further action notice shall not be 
                                considered an admission of guilt with 
                                respect to any violation of this 
                                section or any provision of law.
                                    ``(IV) Confirmation or 
                                nonconfirmation.--Unless the period is 
                                extended in accordance with this 
                                subclause, the System shall provide a 
                                confirmation or nonconfirmation not 
                                later than 10 business days after the 
                                date on which the individual contests 
                                the further action notice under 
                                subclause (II). If the Secretary 
                                determines that good cause exists, 
                                after taking into account adverse 
                                impacts to the employer, and including 
                                time to permit the individual to obtain 
                                and provide needed evidence of identity 
                                or employment eligibility, the 
                                Secretary shall extend the period for 
                                providing confirmation or 
                                nonconfirmation for stated periods 
                                beyond 10 business days. When 
                                confirmation or nonconfirmation is 
                                provided, the confirmation system shall 
                                provide an appropriate code indicating 
                                such confirmation or nonconfirmation.
                                    ``(V) Reexamination.--Nothing in 
                                this section shall prevent the 
                                Secretary from establishing procedures 
                                to reexamine a case where a 
                                confirmation or nonconfirmation has 
                                been provided if subsequently received 
                                information indicates that the 
                                confirmation or nonconfirmation may not 
                                have been correct. Any procedures for 
                                reexamination shall not limit in any 
                                way an employee's right to appeal a 
                                nonconfirmation.
                                    ``(VI) Employee protections.--An 
                                employer may not terminate employment 
                                or take any other adverse action 
                                against an individual solely because of 
                                a failure of the individual to have 
                                identity and employment eligibility 
                                confirmed under this subsection until--
                                            ``(aa) a nonconfirmation 
                                        has been issued;
                                            ``(bb) if the further 
                                        action notice was contested, 
                                        the period to timely file an 
                                        administrative appeal has 
                                        expired without an appeal or 
                                        the contestation to the further 
                                        action notice is withdrawn; or
                                            ``(cc) if an appeal before 
                                        an administrative law judge 
                                        under paragraph (7) has been 
                                        filed, the nonconfirmation has 
                                        been upheld or the appeal has 
                                        been withdrawn or dismissed.
                            ``(iv) Notice of nonconfirmation.--Not 
                        later than 3 business days after an employer 
                        receives a nonconfirmation, or during such 
                        other reasonable time as the Secretary may 
                        provide, the employer shall notify the 
                        individual who is the subject of the 
                        nonconfirmation, and provide information about 
                        filing an administrative appeal pursuant to 
                        paragraph (6) and a request for a hearing 
                        before an administrative law judge pursuant to 
                        paragraph (7). The nonconfirmation notice shall 
                        be given to the individual in writing and the 
                        employer shall acknowledge in the System under 
                        penalty of perjury that it provided the notice 
                        (or adequately attempted to provide notice, but 
                        was unable to do so despite reasonable 
                        efforts). The individual shall affirmatively 
                        acknowledge in writing, or in such other manner 
                        as the Secretary may prescribe, the receipt of 
                        the nonconfirmation notice from the employer. 
                        If the individual refuses or fails to 
                        acknowledge the receipt of the nonconfirmation 
                        notice, the employer shall notify the Secretary 
                        in such manner as the Secretary may prescribe.
                    ``(D) Consequences of nonconfirmation.--
                            ``(i) Termination of continued 
                        employment.--Except as provided in clause 
                        (iii), an employer that has received a 
                        nonconfirmation regarding an individual and has 
                        made reasonable efforts to notify the 
                        individual in accordance with subparagraph 
                        (C)(iv) shall terminate the employment of the 
                        individual upon the expiration of the time 
                        period specified in paragraph (7).
                            ``(ii) Continued employment after 
                        nonconfirmation.--If the employer continues to 
                        employ an individual after receiving 
                        nonconfirmation and exhaustion of all appeals 
                        or expiration of all rights to appeal if not 
                        appealed, in violation of clause (i), a 
                        rebuttable presumption is created that the 
                        employer has violated paragraphs (1)(A) and (2) 
                        of subsection (a). Such presumption shall not 
                        apply in any prosecution under subsection 
                        (k)(1).
                            ``(iii) Effect of administrative appeal or 
                        review by administrative law judge.--If an 
                        individual files an administrative appeal of 
                        the nonconfirmation within the time period 
                        specified in paragraph (6)(A), or files for 
                        review with an administrative law judge 
                        specified in paragraph (7)(A), the employer 
                        shall not terminate the individual's employment 
                        under this subparagraph prior to the resolution 
                        of the administrative appeal unless the 
                        Secretary or Commissioner terminates the stay 
                        under paragraph (6)(B) or (7)(B).
                            ``(iv) Weekly report.--The Director of U.S. 
                        Citizenship and Immigration Services shall 
                        submit a weekly report to the Assistant 
                        Secretary for Immigration and Customs 
                        Enforcement that includes, for each individual 
                        who receives final nonconfirmation through the 
                        System--
                                    ``(I) the name of such individual;
                                    ``(II) his or her social security 
                                number or alien file number;
                                    ``(III) the name and contact 
                                information for his or her current 
                                employer; and
                                    ``(IV) any other critical 
                                information that the Assistant 
                                Secretary determines to be appropriate.
                    ``(E) Obligation to respond to queries and 
                additional information.--
                            ``(i) In general.--Employers shall comply 
                        with requests for information from the 
                        Secretary and the Special Counsel for 
                        Immigration-Related Unfair Employment Practices 
                        of the Department of Justice, including queries 
                        concerning current and former employees, within 
                        the time frame during which records are 
                        required to be maintained under this section 
                        regarding such former employees, if such 
                        information relates to the functioning of the 
                        System, the accuracy of the responses provided 
                        by the System, or any suspected misuse, 
                        discrimination, fraud, or identity theft in the 
                        use of the System. Failure to comply with a 
                        request under this clause constitutes a 
                        violation of subsection (a)(1)(B).
                            ``(ii) Action by individuals.--
                                    ``(I) In general.--Individuals 
                                being verified through the System may 
                                be required to take further action to 
                                address questions identified by the 
                                Secretary or the Commissioner regarding 
                                the documents relied upon for purposes 
                                of subsection (c).
                                    ``(II) Notification.--Not later 
                                than 3 business days after the receipt 
                                of such questions regarding an 
                                individual, or during such other 
                                reasonable time as the Secretary may 
                                prescribe, the employer shall--
                                            ``(aa) notify the 
                                        individual of any such 
                                        requirement for further 
                                        actions; and
                                            ``(bb) record the date and 
                                        manner of such notification.
                                    ``(III) Acknowledgment.--The 
                                individual shall acknowledge the 
                                notification received from the employer 
                                under subclause (II) in writing, or in 
                                such other manner as the Secretary may 
                                prescribe.
                            ``(iii) Rulemaking.--
                                    ``(I) In general.--The Secretary, 
                                in consultation with the Commissioner 
                                and the Attorney General, is authorized 
                                to issue regulations implementing, 
                                clarifying, and supplementing the 
                                requirements under this subparagraph--
                                            ``(aa) to facilitate the 
                                        functioning, accuracy, and 
                                        fairness of the System;
                                            ``(bb) to prevent misuse, 
                                        discrimination, fraud, or 
                                        identity theft in the use of 
                                        the System; or
                                            ``(cc) to protect and 
                                        maintain the confidentiality of 
                                        information that could be used 
                                        to locate or otherwise place at 
                                        risk of harm victims of 
                                        domestic violence, dating 
                                        violence, sexual assault, 
                                        stalking, and human 
                                        trafficking, and of the 
                                        applicant or beneficiary of any 
                                        petition described in section 
                                        384(a)(2) of the Illegal 
                                        Immigration Reform and 
                                        Immigrant Responsibility Act of 
                                        1996 (8 U.S.C. 1367(a)(2)).
                                    ``(II) Notice.--The regulations 
                                issued under subclause (I) shall be--
                                            ``(aa) published in the 
                                        Federal Register; and
                                            ``(bb) provided directly to 
                                        all employers registered in the 
                                        System.
                    ``(F) Designated agents.--The Secretary shall 
                establish a process--
                            ``(i) for certifying, on an annual basis or 
                        at such times as the Secretary may prescribe, 
                        designated agents and other System service 
                        providers seeking access to the System to 
                        perform verification queries on behalf of 
                        employers, based upon training, usage, privacy, 
                        and security standards prescribed by the 
                        Secretary;
                            ``(ii) for ensuring that designated agents 
                        and other System service providers are subject 
                        to monitoring to the same extent as direct 
                        access users; and
                            ``(iii) for establishing standards for 
                        certification of electronic I-9 programs.
                    ``(G) Requirement to provide information.--
                            ``(i) In general.--No later than 3 months 
                        after the date of the enactment of the Border 
                        Security, Economic Opportunity, and Immigration 
                        Modernization Act, the Secretary, in 
                        consultation with the Secretary of Labor, the 
                        Secretary of Agriculture, the Commissioner, the 
                        Attorney General, the Equal Employment 
                        Opportunity Commission, and the Administrator 
                        of the Small Business Administration, shall 
                        commence a campaign to disseminate information 
                        respecting the procedures, rights, and remedies 
                        prescribed under this section.
                            ``(ii) Campaign requirements.--The campaign 
                        authorized under clause (i)--
                                    ``(I) shall be aimed at increasing 
                                the knowledge of employers, employees, 
                                and the general public concerning 
                                employer and employee rights, 
                                responsibilities, and remedies under 
                                this section; and
                                    ``(II) shall be coordinated with 
                                the public education campaign conducted 
                                by U.S. Citizenship and Immigration 
                                Services.
                            ``(iii) Assessment.--The Secretary shall 
                        assess the success of the campaign in achieving 
                        the goals of the campaign.
                            ``(iv) Authority to contract.--In order to 
                        carry out and assess the campaign under this 
                        subparagraph, the Secretary may, to the extent 
                        deemed appropriate and subject to the 
                        availability of appropriations, contract with 
                        public and private organizations for outreach 
                        and assessment activities under the campaign.
                            ``(v) Authorization of appropriations.--
                        There are authorized to be appropriated to 
                        carry out this paragraph $40,000,000 for each 
                        of the fiscal years 2014 through 2016.
                    ``(H) Authority to modify information 
                requirements.--Based on a regular review of the System 
                and the document verification procedures to identify 
                misuse or fraudulent use and to assess the security of 
                the documents and processes used to establish identity 
                or employment authorized status, the Secretary, in 
                consultation with the Commissioner, after publication 
                of notice in the Federal Register and an opportunity 
                for public comment, may modify, if the Secretary 
                determines that the modification is necessary to ensure 
                that the System accurately and reliably determines the 
                identity and employment authorized status of employees 
                and maintain existing protections against misuse, 
                discrimination, fraud, and identity theft--
                            ``(i) the information that shall be 
                        presented to the employer by an individual;
                            ``(ii) the information that shall be 
                        provided to the System by the employer; and
                            ``(iii) the procedures that shall be 
                        followed by employers with respect to the 
                        process of verifying an individual through the 
                        System.
                    ``(I) Self-verification.--Subject to appropriate 
                safeguards to prevent misuse of the system, the 
                Secretary, in consultation with the Commissioner, shall 
                establish a secure self-verification procedure to 
                permit an individual who seeks to verify the 
                individual's own employment eligibility to contact the 
                appropriate agency and, in a timely manner, correct or 
                update the information contained in the System.
            ``(5) Protection from liability for actions taken on the 
        basis of information provided by the system.--An employer shall 
        not be liable to a job applicant, an employee, the Federal 
        Government, or a State or local government, under Federal, 
        State, or local criminal or civil law for any employment-
        related action taken with respect to a job applicant or 
        employee in good faith reliance on information provided by the 
        System.
            ``(6) Administrative appeal.--
                    ``(A) In general.--An individual who is notified of 
                a nonconfirmation may, not later than 10 business days 
                after the date that such notice is received, file an 
                administrative appeal of such nonconfirmation with the 
                Commissioner if the notice is based on records 
                maintained by the Commissioner, or in any other case, 
                with the Secretary. An individual who did not timely 
                contest a further action notice timely received by that 
                individual for which the individual acknowledged 
                receipt may not be granted a review under this 
                paragraph.
                    ``(B) Administrative stay of nonconfirmation.--The 
                nonconfirmation shall be automatically stayed upon the 
                timely filing of an administrative appeal, unless the 
                nonconfirmation resulted after the individual 
                acknowledged receipt of the further action notice but 
                failed to contact the appropriate agency within the 
                time provided. The stay shall remain in effect until 
                the resolution of the appeal, unless the Secretary or 
                the Commissioner terminates the stay based on a 
                determination that the administrative appeal is 
                frivolous or filed for purposes of delay.
                    ``(C) Review for error.--The Secretary and the 
                Commissioner shall develop procedures for resolving 
                administrative appeals regarding nonconfirmations based 
                upon the information that the individual has provided, 
                including any additional evidence or argument that was 
                not previously considered. Any such additional evidence 
                or argument shall be filed within 10 business days of 
                the date the appeal was originally filed. Appeals shall 
                be resolved within 20 business days after the 
                individual has submitted all evidence and arguments the 
                individual wishes to submit, or has stated in writing 
                that there is no additional evidence that the 
                individual wishes to submit. The Secretary and the 
                Commissioner may, on a case by case basis for good 
                cause, extend the filing and submission period in order 
                to ensure accurate resolution of an appeal before the 
                Secretary or the Commissioner.
                    ``(D) Preponderance of evidence.--Administrative 
                appeal under this paragraph shall be limited to whether 
                a nonconfirmation notice is supported by a 
                preponderance of the evidence.
                    ``(E) Damages, fees, and costs.--No money damages, 
                fees or costs may be awarded in the administrative 
                appeal process under this paragraph.
            ``(7) Review by administrative law judge.--
                    ``(A) In general.--Not later than 30 days after the 
                date an individual receives a final determination on an 
                administrative appeal under paragraph (6), the 
                individual may obtain review of such determination by 
                filing a complaint with a Department of Justice 
                administrative law judge in accordance with this 
                paragraph.
                    ``(B) Stay of nonconfirmation.--The nonconfirmation 
                related to such final determination shall be 
                automatically stayed upon the timely filing of a 
                complaint under this paragraph, and the stay shall 
                remain in effect until the resolution of the complaint, 
                unless the administrative law judge determines that the 
                action is frivolous or filed for purposes of delay.
                    ``(C) Service.--The respondent to complaint filed 
                under this paragraph is either the Secretary or the 
                Commissioner, but not both, depending upon who issued 
                the administrative order under paragraph (6). In 
                addition to serving the respondent, the plaintiff shall 
                serve the Attorney General.
                    ``(D) Authority of administrative law judge.--
                            ``(i) Rules of practice.--The Secretary 
                        shall promulgate regulations regarding the 
                        rules of practice in appeals brought pursuant 
                        to this subsection.
                            ``(ii) Authority of administrative law 
                        judge.--The administrative law judge shall have 
                        power to--
                                    ``(I) terminate a stay of a 
                                nonconfirmation under subparagraph (B) 
                                if the administrative law judge 
                                determines that the action is frivolous 
                                or filed for purposes of delay;
                                    ``(II) adduce evidence at a 
                                hearing;
                                    ``(III) compel by subpoena the 
                                attendance of witnesses and the 
                                production of evidence at any 
                                designated place or hearing;
                                    ``(IV) resolve claims of identity 
                                theft; and
                                    ``(V) enter, upon the pleadings and 
                                any evidence adduced at a hearing, a 
                                decision affirming or reversing the 
                                result of the agency, with or without 
                                remanding the cause for a rehearing.
                            ``(iii) Subpoena.--In case of contumacy or 
                        refusal to obey a subpoena lawfully issued 
                        under this section and upon application of the 
                        administrative law judge, an appropriate 
                        district court of the United States may issue 
                        an order requiring compliance with such 
                        subpoena and any failure to obey such order may 
                        be punished by such court as a contempt of such 
                        court.
                            ``(iv) Training.--An administrative law 
                        judge hearing cases shall have special training 
                        respecting employment authorized status 
                        verification.
                    ``(E) Order by administrative law judge.--
                            ``(i) In general.--The administrative law 
                        judge shall issue and cause to be served to the 
                        parties in the proceeding an order which may be 
                        appealed as provided in subparagraph (G).
                            ``(ii) Contents of order.--Such an order 
                        shall uphold or reverse the final determination 
                        on the request for reconsideration and order 
                        lost wages and other appropriate remedies as 
                        provided in subparagraph (F).
                    ``(F) Compensation for error.--
                            ``(i) In general.--In cases in which the 
                        administrative law judge reverses the final 
                        determination of the Secretary or the 
                        Commissioner made under paragraph (6), and the 
                        administrative law judge finds that--
                                    ``(I) the nonconfirmation was due 
                                to gross negligence or intentional 
                                misconduct of the employer, the 
                                administrative law judge may order the 
                                employer to pay the individual lost 
                                wages, and reasonable costs and 
                                attorneys' fees incurred during 
                                administrative and judicial review; or
                                    ``(II) such final determination was 
                                erroneous by reason of the negligence 
                                of the Secretary or the Commissioner, 
                                the administrative law judge may order 
                                the Secretary or the Commissioner to 
                                pay the individual lost wages, and 
                                reasonable costs and attorneys' fees 
                                incurred during the administrative 
                                appeal and the administrative law judge 
                                review.
                            ``(ii) Calculation of lost wages.--Lost 
                        wages shall be calculated based on the wage 
                        rate and work schedule that prevailed prior to 
                        termination. The individual shall be 
                        compensated for wages lost beginning on the 
                        first scheduled work day after employment was 
                        terminated and ending 120 days after completion 
                        of the administrative law judge's review 
                        described in this paragraph or the day after 
                        the individual is reinstated or obtains 
                        employment elsewhere, whichever occurs first. 
                        If the individual obtains employment elsewhere 
                        at a lower wage rate, the individual shall be 
                        compensated for the difference in wages for the 
                        period ending 120 days after completion of the 
                        administrative law judge review process. No 
                        lost wages shall be awarded for any period of 
                        time during which the individual was not in 
                        employment authorized status.
                            ``(iii) Payment of compensation.--
                        Notwithstanding any other law, payment of 
                        compensation for lost wages, costs, and 
                        attorneys' fees under this paragraph, or 
                        compromise settlements of the same, shall be 
                        made as provided by section 1304 of title 31, 
                        United States Code. Appropriations made 
                        available to the Secretary or the Commissioner, 
                        accounts provided for under section 286, and 
                        funds from the Federal Old-Age and Survivors 
                        Insurance Trust Fund or the Federal Disability 
                        Insurance Trust Fund shall not be available to 
                        pay such compensation.
                    ``(G) Appeal.--No later than 45 days after the 
                entry of such final order, any person adversely 
                affected by such final order may seek review of such 
                order in the United States Court of Appeals for the 
                circuit in which the violation is alleged to have 
                occurred or in which the employer resides or transacts 
                business.
            ``(8) Management of the system.--
                    ``(A) In general.--The Secretary is authorized to 
                establish, manage, and modify the System, which shall--
                            ``(i) respond to inquiries made by 
                        participating employers at any time through the 
                        internet, or such other means as the Secretary 
                        may designate, concerning an individual's 
                        identity and whether the individual is in 
                        employment authorized status;
                            ``(ii) maintain records of the inquiries 
                        that were made, of confirmations provided (or 
                        not provided), and of the codes provided to 
                        employers as evidence of their compliance with 
                        their obligations under the System; and
                            ``(iii) provide information to, and require 
                        action by, employers and individuals using the 
                        System.
                    ``(B) Design and operation of system.--The System 
                shall be designed and operated--
                            ``(i) to maximize its reliability and ease 
                        of use by employers consistent with protecting 
                        the privacy and security of the underlying 
                        information, and ensuring full notice of such 
                        use to employees;
                            ``(ii) to maximize its ease of use by 
                        employees, including direct notification of its 
                        use, of results, and ability to challenge 
                        results;
                            ``(iii) to respond accurately to all 
                        inquiries made by employers on whether 
                        individuals are authorized to be employed and 
                        to register any times when the system is unable 
                        to receive inquiries;
                            ``(iv) to maintain appropriate 
                        administrative, technical, and physical 
                        safeguards to prevent unauthorized disclosure 
                        of personal information, misuse by employers 
                        and employees, and discrimination;
                            ``(v) to require regularly scheduled 
                        refresher training of all users of the System 
                        to ensure compliance with all procedures;
                            ``(vi) to allow for auditing of the use of 
                        the System to detect misuse, discrimination, 
                        fraud, and identity theft, to protect privacy 
                        and assess System accuracy, and to preserve the 
                        integrity and security of the information in 
                        all of the System, including--
                                    ``(I) to develop and use tools and 
                                processes to detect or prevent fraud 
                                and identity theft, such as multiple 
                                uses of the same identifying 
                                information or documents to 
                                fraudulently gain employment;
                                    ``(II) to develop and use tools and 
                                processes to detect and prevent misuse 
                                of the system by employers and 
                                employees;
                                    ``(III) to develop tools and 
                                processes to detect anomalies in the 
                                use of the system that may indicate 
                                potential fraud or misuse of the 
                                system;
                                    ``(IV) to audit documents and 
                                information submitted by employees to 
                                employers, including authority to 
                                conduct interviews with employers and 
                                employees, and obtain information 
                                concerning employment from the 
                                employer;
                            ``(vii) to confirm identity and employment 
                        authorization through verification and 
                        comparison of records as determined necessary 
                        by the Secretary;
                            ``(viii) to confirm electronically the 
                        issuance of the employment authorization or 
                        identity document and--
                                    ``(I) if such photograph is 
                                available, to display the digital 
                                photograph that the issuer placed on 
                                the document so that the employer can 
                                compare the photograph displayed to the 
                                photograph on the document presented by 
                                the employee; or
                                    ``(II) if a photograph is not 
                                available from the issuer, to confirm 
                                the authenticity of the document using 
                                such alternative procedures as the 
                                Secretary may specify; and
                            ``(ix) to provide appropriate notification 
                        directly to employers registered with the 
                        System of all changes made by the Secretary or 
                        the Commissioner related to allowed and 
                        prohibited documents, and use of the System.
                    ``(C) Safeguards to the system.--
                            ``(i) Requirement to develop.--The 
                        Secretary, in consultation with the 
                        Commissioner and other appropriate Federal and 
                        State agencies, shall develop policies and 
                        procedures to ensure protection of the privacy 
                        and security of personally identifiable 
                        information and identifiers contained in the 
                        records accessed or maintained by the System. 
                        The Secretary, in consultation with the 
                        Commissioner and other appropriate Federal and 
                        State agencies, shall develop and deploy 
                        appropriate privacy and security training for 
                        the Federal and State employees accessing the 
                        records under the System.
                            ``(ii) Privacy audits.--The Secretary, 
                        acting through the Chief Privacy Officer of the 
                        Department, shall conduct regular privacy 
                        audits of the policies and procedures 
                        established under clause (i), including any 
                        collection, use, dissemination, and maintenance 
                        of personally identifiable information and any 
                        associated information technology systems, as 
                        well as scope of requests for this information. 
                        The Chief Privacy Officer shall review the 
                        results of the audits and recommend to the 
                        Secretary any changes necessary to improve the 
                        privacy protections of the program.
                            ``(iii) Accuracy audits.--
                                    ``(I) In general.--Not later than 
                                November 30 of each year, the Inspector 
                                General of the Department of Homeland 
                                Security shall submit a report to the 
                                Secretary, with a copy to the President 
                                of the Senate and the Speaker of the 
                                House of Representatives, that sets 
                                forth the error rate of the System for 
                                the previous fiscal year and the 
                                assessments required to be submitted by 
                                the Secretary under subparagraphs (A) 
                                and (B) of paragraph (10). The report 
                                shall describe in detail the 
                                methodology employed for purposes of 
                                the report, and shall make 
                                recommendations for how error rates may 
                                be reduced.
                                    ``(II) Error rate defined.--In this 
                                clause, the term `error rate' means the 
                                percentage determined by dividing--
                                            ``(aa) the number of 
                                        employment authorized 
                                        individuals who received 
                                        further action notices, 
                                        contested such notices, and 
                                        were subsequently found to be 
                                        employment authorized; by
                                            ``(bb) the number of System 
                                        inquiries submitted for 
                                        employment authorized 
                                        individuals.
                                    ``(III) Reduction of penalties for 
                                recordkeeping or verification practices 
                                following persistent system 
                                inaccuracies.--Notwithstanding 
                                subsection (e)(4)(C)(i), in any 
                                calendar year following a report by the 
                                Inspector General under subclause (I) 
                                that the System had an error rate 
                                higher than 0.3 percent for the 
                                previous fiscal year, the civil penalty 
                                assessable by the Secretary or an 
                                administrative law judge under that 
                                subsection for each first-time 
                                violation by an employer who has not 
                                previously been penalized under this 
                                section may not exceed $1,000.
                            ``(iv) Records security program.--Any 
                        person, including a private third party vendor, 
                        who retains document verification or System 
                        data pursuant to this section shall implement 
                        an effective records security program that--
                                    ``(I) ensures that only authorized 
                                personnel have access to document 
                                verification or System data; and
                                    ``(II) ensures that whenever such 
                                data is created, completed, updated, 
                                modified, altered, or corrected in 
                                electronic format, a secure and 
                                permanent record is created that 
                                establishes the date of access, the 
                                identity of the individual who accessed 
                                the electronic record, and the 
                                particular action taken.
                            ``(v) Records security program.--In 
                        addition to the security measures described in 
                        clause (iv), a private third party vendor who 
                        retains document verification or System data 
                        pursuant to this section shall implement an 
                        effective records security program that--
                                    ``(I) provides for backup and 
                                recovery of any records maintained in 
                                electronic format to protect against 
                                information loss, such as power 
                                interruptions; and
                                    ``(II) ensures that employees are 
                                trained to minimize the risk of 
                                unauthorized or accidental alteration 
                                or erasure of such data in electronic 
                                format.
                            ``(vi) Authorized personnel defined.--In 
                        this subparagraph, the term `authorized 
                        personnel' means anyone registered as a System 
                        user, or anyone with partial or full 
                        responsibility for completion of employment 
                        authorization verification or retention of data 
                        in connection with employment authorization 
                        verification on behalf of an employer.
                    ``(D) Available facilities and alternative 
                accommodations.--The Secretary shall make appropriate 
                arrangements and develop standards to allow employers 
                or employees, including remote hires, who are otherwise 
                unable to access the System to use electronic and 
                telephonic formats (including video conferencing, 
                scanning technology, and other available technologies), 
                Federal Government facilities, public facilities, or 
                other available locations in order to utilize the 
                System.
                    ``(E) Responsibilities of the secretary.--
                            ``(i) In general.--As part of the System, 
                        the Secretary shall maintain a reliable, secure 
                        method, which, operating through the System and 
                        within the time periods specified, compares the 
                        name, alien identification or authorization 
                        number, or other information as determined 
                        relevant by the Secretary, provided in an 
                        inquiry against such information maintained or 
                        accessed by the Secretary in order to confirm 
                        (or not confirm) the validity of the 
                        information provided, the correspondence of the 
                        name and number, whether the alien has 
                        employment authorized status (or, to the extent 
                        that the Secretary determines to be feasible 
                        and appropriate, whether the records available 
                        to the Secretary verify the identity or status 
                        of a national of the United States), and such 
                        other information as the Secretary may 
                        prescribe.
                            ``(ii) Photograph display.--As part of the 
                        System, the Secretary shall establish a 
                        reliable, secure method, which, operating 
                        through the System, displays the digital 
                        photograph described in subparagraph 
                        (B)(viii)(I).
                            ``(iii) Timing of notices.--The Secretary 
                        shall have authority to prescribe when a 
                        confirmation, nonconfirmation, or further 
                        action notice shall be issued.
                            ``(iv) Use of information.--The Secretary 
                        shall perform regular audits under the System, 
                        as described in subparagraph (B)(vi) and shall 
                        utilize the information obtained from such 
                        audits, as well as any information obtained 
                        from the Commissioner pursuant to part E of 
                        title XI of the Social Security Act (42 U.S.C. 
                        1301 et seq.), for the purposes of this section 
                        and to administer and enforce the immigration 
                        laws.
                            ``(v) Identity fraud protection.--To 
                        prevent identity fraud, not later than 18 
                        months after the date of the enactment of the 
                        Border Security, Economic Opportunity, and 
                        Immigration Modernization Act, the Secretary 
                        shall--
                                    ``(I) in consultation with the 
                                Commissioner, establish a program to 
                                provide a reliable, secure method for 
                                an individual to temporarily suspend or 
                                limit the use of the individual's 
                                social security account number or other 
                                identifying information for 
                                verification by the System; and
                                    ``(II) for each individual being 
                                verified through the System--
                                            ``(aa) notify the 
                                        individual that the individual 
                                        has the option to limit the use 
                                        of the individual's social 
                                        security account number or 
                                        other identifying information 
                                        for verification by the System; 
                                        and
                                            ``(bb) provide instructions 
                                        to the individuals for 
                                        exercising the option referred 
                                        to in item (aa).
                            ``(vi) Allowing parents to prevent theft of 
                        their child's identity.--The Secretary, in 
                        consultation with the Commissioner, shall 
                        establish a program that provides a reliable, 
                        secure method by which parents or legal 
                        guardians may suspend or limit the use of the 
                        social security account number or other 
                        identifying information of a minor under their 
                        care for the purposes of the System. The 
                        Secretary may implement the program on a 
                        limited pilot program basis before making it 
                        fully available to all individuals.
                            ``(vii) Protection from multiple use.--The 
                        Secretary and the Commissioner shall establish 
                        a procedure for identifying and handling a 
                        situation in which a social security account 
                        number has been identified to be subject to 
                        unusual multiple use in the System or is 
                        otherwise suspected or determined to have been 
                        compromised by identity fraud.
                            ``(viii) Monitoring and compliance unit.--
                        The Secretary shall establish or designate a 
                        monitoring and compliance unit to detect and 
                        reduce identity fraud and other misuse of the 
                        System.
                            ``(ix) Civil rights and civil liberties 
                        assessments.--
                                    ``(I) Requirement to conduct.--The 
                                Secretary shall conduct regular civil 
                                rights and civil liberties assessments 
                                of the System, including participation 
                                by employers, other private entities, 
                                and Federal, State, and local 
                                government entities.
                                    ``(II) Requirement to respond.--
                                Employers, other private entities, and 
                                Federal, State, and local entities 
                                shall timely respond to any request in 
                                connection with such an assessment.
                                    ``(III) Assessment and 
                                recommendations.--The Officer for Civil 
                                Rights and Civil Liberties of the 
                                Department shall review the results of 
                                each such assessment and recommend to 
                                the Secretary any changes necessary to 
                                improve the civil rights and civil 
                                liberties protections of the System.
                    ``(F) Grants to states.--
                            ``(i) In general.--The Secretary shall 
                        create and administer a grant program to help 
                        provide funding for States that grant--
                                    ``(I) the Secretary access to 
                                driver's license information as needed 
                                to confirm that a driver's license 
                                presented under subsection (c)(1)(D)(i) 
                                confirms the identity of the subject of 
                                the System check, and that a driver's 
                                license matches the State's records; 
                                and
                                    ``(II) such assistance as the 
                                Secretary may request in order to 
                                resolve further action notices or 
                                nonconfirmations relating to such 
                                information.
                            ``(ii) Construction with the driver's 
                        privacy protection act of 1994.--The provision 
                        of a photograph to the Secretary as described 
                        in clause (i) may not be construed as a 
                        violation of section 2721 of title 18, United 
                        States Code, and is a permissible use under 
                        subsection (b)(1) of that section.
                            ``(iii) Authorization of appropriations.--
                        There is authorized to be appropriated to the 
                        Secretary $250,000,000 to carry out this 
                        subparagraph.
                    ``(G) Responsibilities of the secretary of state.--
                As part of the System, the Secretary of State shall 
                provide to the Secretary access to passport and visa 
                information as needed to confirm that a passport, 
                passport card, or visa presented under subsection 
                (c)(1)(C) confirms the identity of the subject of the 
                System check, and that a passport, passport card, or 
                visa photograph matches the Secretary of State's 
                records, and shall provide such assistance as the 
                Secretary may request in order to resolve further 
                action notices or nonconfirmations relating to such 
                information.
                    ``(H) Updating information.--The Commissioner, the 
                Secretary, and the Secretary of State shall update 
                their information in a manner that promotes maximum 
                accuracy and shall provide a process for the prompt 
                correction of erroneous information.
            ``(9) Limitation on use of the system.--Notwithstanding any 
        other provision of law, nothing in this subsection may be 
        construed to permit or allow any department, bureau, or other 
        agency of the United States Government or any other entity to 
        utilize any information, database, or other records assembled 
        under this subsection for any purpose other than for employment 
        verification or to ensure secure, appropriate and 
        nondiscriminatory use of the System.
            ``(10) Annual report and certification.--Not later than 18 
        months after the promulgation of regulations to implement this 
        subsection, and annually thereafter, the Secretary shall submit 
        to Congress a report that includes the following:
                    ``(A) An assessment, as submitted to the Secretary 
                by the Inspector General of the Department of Homeland 
                Security pursuant to paragraph (8)(C)(iii)(I), of the 
                accuracy rates of further action notices and other 
                System notices provided by employers to individuals who 
                are authorized to be employed in the United States.
                    ``(B) An assessment, as submitted to the Secretary 
                by the Inspector General of the Department of Homeland 
                Security pursuant to paragraph (8)(C)(iii)(I), of the 
                accuracy rates of further action notices and other 
                System notices provided directly (by the System) in a 
                timely fashion to individuals who are not authorized to 
                be employed in the United States.
                    ``(C) An assessment of any challenges faced by 
                small employers in utilizing the System.
                    ``(D) An assessment of the rate of employer 
                noncompliance (in addition to failure to provide 
                required notices in a timely fashion) in each of the 
                following categories:
                            ``(i) Taking adverse action based on a 
                        further action notice.
                            ``(ii) Use of the System for nonemployees 
                        or other individuals before they are offered 
                        employment.
                            ``(iii) Use of the System to reverify 
                        employment authorized status of current 
                        employees except if authorized to do so.
                            ``(iv) Use of the System selectively, 
                        except in cases in which such use is 
                        authorized.
                            ``(v) Use of the System to deny employment 
                        or post-employment benefits or otherwise 
                        interfere with labor rights.
                            ``(vi) Requiring employees or applicants to 
                        use any self-verification feature or to provide 
                        self-verification results.
                            ``(vii) Discouraging individuals who 
                        receive a further action notice from 
                        challenging the further action notice or 
                        appealing a determination made by the System.
                    ``(E) An assessment of the rate of employee 
                noncompliance in each of the following categories:
                            ``(i) Obtaining employment when 
                        unauthorized with an employer complying with 
                        the System in good faith.
                            ``(ii) Failure to provide required 
                        documents in a timely manner.
                            ``(iii) Attempting to use fraudulent 
                        documents or documents not related to the 
                        individual.
                            ``(iv) Misuse of the administrative appeal 
                        and judicial review process.
                    ``(F) An assessment of the amount of time taken 
                for--
                            ``(i) the System to provide the 
                        confirmation or further action notice;
                            ``(ii) individuals to contest further 
                        action notices;
                            ``(iii) the System to provide a 
                        confirmation or nonconfirmation of a contested 
                        further action notice;
                            ``(iv) individuals to file an 
                        administrative appeal of a nonconfirmation; and
                            ``(v) resolving administrative appeals 
                        regarding nonconfirmations.
            ``(11) Annual gao study and report.--
                    ``(A) Requirement.--The Comptroller General shall, 
                for each year, undertake a study to evaluate the 
                accuracy, efficiency, integrity, and impact of the 
                System.
                    ``(B) Report.--Not later than 18 months after the 
                promulgation of regulations to implement this 
                subsection, and yearly thereafter, the Comptroller 
                General shall submit to Congress a report containing 
                the findings of the study carried out under this 
                paragraph. Each such report shall include, at a 
                minimum, the following:
                            ``(i) An assessment of System performance 
                        with respect to the rate at which individuals 
                        who are eligible for employment in the United 
                        States are correctly approved within the 
                        required periods, including a separate 
                        assessment of such rate for naturalized United 
                        States citizens, nationals of the United 
                        States, and aliens.
                            ``(ii) An assessment of the privacy and 
                        confidentiality of the System and of the 
                        overall security of the System with respect to 
                        cybertheft and theft or misuse of private data.
                            ``(iii) An assessment of whether the System 
                        is being implemented in a manner that is not 
                        discriminatory or used for retaliation against 
                        employees.
                            ``(iv) An assessment of the most common 
                        causes for the erroneous issuance of 
                        nonconfirmations by the System and 
                        recommendations to correct such causes.
                            ``(v) The recommendations of the 
                        Comptroller General regarding System 
                        improvements.
                            ``(vi) An assessment of the frequency and 
                        magnitude of changes made to the System and the 
                        impact on the ability for employers to comply 
                        in good faith.
                            ``(vii) An assessment of the direct and 
                        indirect costs incurred by employers in 
                        complying with the System, including costs 
                        associated with retaining potential employees 
                        through the administrative appeals process and 
                        receiving a nonconfirmation.
                            ``(viii) An assessment of any backlogs or 
                        delays in the System providing the confirmation 
                        or further action notice and impacts to hiring 
                        by employers.
    ``(e) Compliance.--
            ``(1) Complaints and investigations.--The Secretary shall 
        establish procedures--
                    ``(A) for individuals and entities to file 
                complaints respecting potential violations of 
                subsections (a) or (f)(1);
                    ``(B) for the investigation of those complaints 
                which the Secretary deems appropriate to investigate; 
                and
                    ``(C) for providing notification to the Special 
                Counsel for Immigration-Related Unfair Employment 
                Practices of the Department of Justice of potential 
                violations of section 274B.
            ``(2) Authority in investigations.--In conducting 
        investigations and proceedings under this subsection--
                    ``(A) immigration officers shall have reasonable 
                access to examine evidence of the employer being 
                investigated;
                    ``(B) immigration officers designated by the 
                Secretary, and administrative law judges and other 
                persons authorized to conduct proceedings under this 
                section, may compel by subpoena the attendance of 
                relevant witnesses and the production of relevant 
                evidence at any designated place in an investigation or 
                case under this subsection. In case of refusal to fully 
                comply with a subpoena lawfully issued under this 
                paragraph, the Secretary may request that the Attorney 
                General apply in an appropriate district court of the 
                United States for an order requiring compliance with 
                the subpoena, and any failure to obey such order may be 
                punished by the court as contempt. Failure to cooperate 
                with the subpoena shall be subject to further 
                penalties, including further fines and the voiding of 
                any mitigation of penalties or termination of 
                proceedings under paragraph (4)(E); and
                    ``(C) the Secretary, in cooperation with the 
                Commissioner and Attorney General, and in consultation 
                with other relevant agencies, shall establish a Joint 
                Employment Fraud Task Force consisting of, at a 
                minimum--
                            ``(i) the System's compliance personnel;
                            ``(ii) immigration law enforcement 
                        officers;
                            ``(iii) personnel of the Office of Special 
                        Counsel for Immigration-Related Unfair 
                        Employment Practices of the Department of 
                        Justice;
                            ``(iv) personnel of the Office for Civil 
                        Rights and Civil Liberties of the Department; 
                        and
                            ``(v) personnel of Office of Inspector 
                        General of the Social Security Administration.
            ``(3) Compliance procedures.--
                    ``(A) Pre-penalty notice.--If the Secretary has 
                reasonable cause to believe that there has been a civil 
                violation of this section in the previous 3 years, the 
                Secretary shall issue to the employer concerned a 
                written notice of the Department's intention to issue a 
                claim for a monetary or other penalty. Such pre-penalty 
                notice shall--
                            ``(i) describe the violation;
                            ``(ii) specify the laws and regulations 
                        allegedly violated;
                            ``(iii) disclose the material facts which 
                        establish the alleged violation;
                            ``(iv) describe the penalty sought to be 
                        imposed; and
                            ``(v) inform such employer that such 
                        employer shall have a reasonable opportunity to 
                        make representations as to why a monetary or 
                        other penalty should not be imposed.
                    ``(B) Employer's response.--Whenever any employer 
                receives written pre-penalty notice of a fine or other 
                penalty in accordance with subparagraph (A), the 
                employer may, within 60 days from receipt of such 
                notice, file with the Secretary its written response to 
                the notice. The response may include any relevant 
                evidence or proffer of evidence that the employer 
                wishes to present with respect to whether the employer 
                violated this section and whether, if so, the penalty 
                should be mitigated, and shall be filed and considered 
                in accordance with procedures to be established by the 
                Secretary.
                    ``(C) Right to a hearing.--Before issuance of an 
                order imposing a penalty on any employer, person, or 
                entity, the employer, person, or entity shall be 
                entitled to a hearing before an administrative law 
                judge, if requested within 60 days of the notice of 
                penalty. The hearing shall be held at the nearest 
                location practicable to the place where the employer, 
                person, or entity resides or of the place where the 
                alleged violation occurred.
                    ``(D) Issuance of orders.--If no hearing is so 
                requested, the Secretary's imposition of the order 
                shall constitute a final and unappealable order. If a 
                hearing is requested and the administrative law judge 
                determines, upon clear and convincing evidence 
                received, that there was a violation, the 
                administrative law judge shall issue the final 
                determination with a written penalty claim. The penalty 
                claim shall specify all charges in the information 
                provided under clauses (i) through (iii) of 
                subparagraph (A) and any mitigation of the penalty that 
                the administrative law judge deems appropriate under 
                paragraph (4)(E).
            ``(4) Civil penalties.--
                    ``(A) Hiring or continuing to employ unauthorized 
                aliens.--Any employer that violates any provision of 
                subsection (a)(1)(A) or (a)(2) shall--
                            ``(i) pay a civil penalty of not less than 
                        $3,500 and not more than $7,500 for each 
                        unauthorized alien with respect to which each 
                        violation of either subsection (a)(1)(A) or 
                        (a)(2) occurred;
                            ``(ii) if the employer has previously been 
                        fined as a result of a previous enforcement 
                        action or previous violation under this 
                        paragraph, pay a civil penalty of not less than 
                        $5,000 and not more than $15,000 for each 
                        unauthorized alien with respect to which a 
                        violation of either subsection (a)(1)(A) or 
                        (a)(2) occurred; and
                            ``(iii) if the employer has previously been 
                        fined more than once under this paragraph, pay 
                        a civil penalty of not less than $10,000 and 
                        not more than $25,000 for each unauthorized 
                        alien with respect to which a violation of 
                        either subsection (a)(1)(A) or (a)(2) occurred.
                    ``(B) Enhanced penalties.--After the Secretary 
                certifies to Congress that the System has been 
                established, implemented, and made mandatory for use by 
                all employers in the United States, the Secretary may 
                establish an enhanced civil penalty for an employer 
                who--
                            ``(i) fails to query the System to verify 
                        the identify and work authorized status of an 
                        individual; and
                            ``(ii) violates a Federal, State, or local 
                        law related to--
                                    ``(I) the payment of wages;
                                    ``(II) hours worked by employees; 
                                or
                                    ``(III) workplace health and 
                                safety.
                    ``(C) Recordkeeping or verification practices.--Any 
                employer that violates or fails to comply with any 
                requirement under subsection (a)(1)(B), other than a 
                minor or inadvertent failure, as determined by the 
                Secretary, shall pay a civil penalty of--
                            ``(i) not less than $500 and not more than 
                        $2,000 for each violation;
                            ``(ii) if an employer has previously been 
                        fined under this paragraph, not less than 
                        $1,000 and not more than $4,000 for each 
                        violation; and
                            ``(iii) if an employer has previously been 
                        fined more than once under this paragraph, not 
                        less than $2,000 and not more than $8,000 for 
                        each violation.
                    ``(D) Other penalties.--The Secretary may impose 
                additional penalties for violations, including cease 
                and desist orders, specially designed compliance plans 
                to prevent further violations, suspended fines to take 
                effect in the event of a further violation, and in 
                appropriate cases, the remedy provided by paragraph 
                (f)(2).
                    ``(E) Mitigation.--The Secretary or, if an employer 
                requests a hearing, the administrative law judge, is 
                authorized, upon such terms and conditions as the 
                Secretary or administrative law judge deems reasonable 
                and just and in accordance with such procedures as the 
                Secretary may establish or any procedures established 
                governing the administrative law judge's assessment of 
                penalties, to reduce or mitigate penalties imposed upon 
                employers, based upon factors including, the employer's 
                hiring volume, compliance history, good-faith 
                implementation of a compliance program, the size and 
                level of sophistication of the employer, and voluntary 
                disclosure of violations of this subsection to the 
                Secretary. The Secretary or administrative law judge 
                shall not mitigate a penalty below the minimum penalty 
                provided by this section, except that the Secretary 
                may, in the case of an employer subject to penalty for 
                recordkeeping or verification violations only who has 
                not previously been penalized under this section, in 
                the Secretary's or administrative law judge's 
                discretion, mitigate the penalty below the statutory 
                minimum or remit it entirely. In any case where a civil 
                money penalty has been imposed on an employer under 
                section 274B for an action or omission that is also a 
                violation of this section, the Secretary or 
                administrative law judge shall mitigate any civil money 
                penalty under this section by the amount of the penalty 
                imposed under section 274B.
                    ``(F) Effective date.--The civil money penalty 
                amounts and the enhanced penalties provided by 
                subparagraphs (A), (B), and (C) of this paragraph and 
                by subsection (f)(2) shall apply to violations of this 
                section committed on or after the date that is 1 year 
                after the date of the enactment of the Border Security, 
                Economic Opportunity, and Immigration Modernization 
                Act. For violations committed prior to such date of 
                enactment, the civil money penalty amounts provided by 
                regulations implementing this section as in effect the 
                minute before such date of enactment with respect to 
                knowing hiring or continuing employment, verification, 
                or indemnity bond violations, as appropriate, shall 
                apply.
            ``(5) Order of internal review and certification of 
        compliance.--
                    ``(A) Employer compliance.--If the Secretary has 
                reasonable cause to believe that an employer has failed 
                to comply with this section, the Secretary is 
                authorized, at any time, to require that the employer 
                certify that it is in compliance with this section, or 
                has instituted a program to come into compliance.
                    ``(B) Employer certification.--
                            ``(i) Requirement.--Except as provided in 
                        subparagraph (C), not later than 60 days after 
                        receiving a notice from the Secretary requiring 
                        a certification under subparagraph (A), an 
                        official with responsibility for, and authority 
                        to bind the company on, all hiring and 
                        immigration compliance notices shall certify 
                        under penalty of perjury that the employer is 
                        in conformance with the requirements of 
                        paragraphs (1) through (4) of subsection (c), 
                        pertaining to document verification 
                        requirements, and with subsection (d), 
                        pertaining to the System (once the System is 
                        implemented with respect to that employer 
                        according to the requirements under subsection 
                        (d)(2)), and with any additional requirements 
                        that the Secretary may promulgate by regulation 
                        pursuant to subsection (c) or (d) or that the 
                        employer has instituted a program to come into 
                        compliance with these requirements.
                            ``(ii) Application.--Clause (i) shall not 
                        apply until the date that the Secretary 
                        certifies to Congress that the System has been 
                        established, implemented, and made mandatory 
                        for use by all employers in the United States.
                    ``(C) Extension of deadline.--At the request of the 
                employer, the Secretary may extend the 60-day deadline 
                for good cause.
                    ``(D) Standards or methods.--The Secretary is 
                authorized to publish in the Federal Register standards 
                or methods for such certification, require specific 
                recordkeeping practices with respect to such 
                certifications, and audit the records thereof at any 
                time. This authority shall not be construed to diminish 
                or qualify any other penalty provided by this section.
            ``(6) Requirements for review of a final determination.--
        With respect to judicial review of a final determination or 
        penalty order issued under paragraph (3)(D), the following 
        requirements apply:
                    ``(A) Deadline.--The petition for review must be 
                filed no later than 30 days after the date of the final 
                determination or penalty order issued under paragraph 
                (3)(D).
                    ``(B) Venue and forms.--The petition for review 
                shall be filed with the court of appeals for the 
                judicial circuit where the employer's principal place 
                of business was located when the final determination or 
                penalty order was made. The record and briefs do not 
                have to be printed. The court shall review the 
                proceeding on a typewritten or electronically filed 
                record and briefs.
                    ``(C) Service.--The respondent is the Secretary. In 
                addition to serving the respondent, the petitioner 
                shall serve the Attorney General.
                    ``(D) Petitioner's brief.--The petitioner shall 
                serve and file a brief in connection with a petition 
                for judicial review not later than 40 days after the 
                date on which the administrative record is available, 
                and may serve and file a reply brief not later than 14 
                days after service of the brief of the respondent, and 
                the court may not extend these deadlines, except for 
                good cause shown. If a petitioner fails to file a brief 
                within the time provided in this paragraph, the court 
                shall dismiss the appeal unless a manifest injustice 
                would result.
                    ``(E) Scope and standard for review.--The court of 
                appeals shall conduct a de novo review of the 
                administrative record on which the final determination 
                was based and any additional evidence that the Court 
                finds was previously unavailable at the time of the 
                administrative hearing.
                    ``(F) Exhaustion of administrative remedies.--A 
                court may review a final determination under paragraph 
                (3)(C) only if--
                            ``(i) the petitioner has exhausted all 
                        administrative remedies available to the 
                        petitioner as of right, including any 
                        administrative remedies established by 
                        regulation, and
                            ``(ii) another court has not decided the 
                        validity of the order, unless the reviewing 
                        court finds that the petition presents grounds 
                        that could not have been presented in the prior 
                        judicial proceeding or that the remedy provided 
                        by the prior proceeding was inadequate or 
                        ineffective to test the validity of the order.
                    ``(G) Enforcement of orders.--If the final 
                determination issued against the employer under this 
                subsection is not subjected to review as provided in 
                this paragraph, the Attorney General, upon request by 
                the Secretary, may bring a civil action to enforce 
                compliance with the final determination in any 
                appropriate district court of the United States. The 
                court, on a proper showing, shall issue a temporary 
                restraining order or a preliminary or permanent 
                injunction requiring that the employer comply with the 
                final determination issued against that employer under 
                this subsection. In any such civil action, the validity 
                and appropriateness of the final determination shall 
                not be subject to review.
            ``(7) Creation of lien.--If any employer liable for a fee 
        or penalty under this section neglects or refuses to pay such 
        liability after demand and fails to file a petition for review 
        (if applicable) as provided in paragraph (6), the amount of the 
        fee or penalty shall be a lien in favor of the United States on 
        all property and rights to property, whether real or personal, 
        belonging to such employer. If a petition for review is filed 
        as provided in paragraph (6), the lien shall arise upon the 
        entry of a final judgment by the court. The lien continues for 
        20 years or until the liability is satisfied, remitted, set 
        aside, or terminated.
            ``(8) Filing notice of lien.--
                    ``(A) Place for filing.--The notice of a lien 
                referred to in paragraph (7) shall be filed as 
                described in 1 of the following:
                            ``(i) Under state laws.--
                                    ``(I) Real property.--In the case 
                                of real property, in 1 office within 
                                the State (or the county, or other 
                                governmental subdivision), as 
                                designated by the laws of such State, 
                                in which the property subject to the 
                                lien is situated.
                                    ``(II) Personal property.--In the 
                                case of personal property, whether 
                                tangible or intangible, in 1 office 
                                within the State (or the county, or 
                                other governmental subdivision), as 
                                designated by the laws of such State, 
                                in which the property subject to the 
                                lien is situated, except that State law 
                                merely conforming to or reenacting 
                                Federal law establishing a national 
                                filing system does not constitute a 
                                second office for filing as designated 
                                by the laws of such State.
                            ``(ii) With clerk of district court.--In 
                        the office of the clerk of the United States 
                        district court for the judicial district in 
                        which the property subject to the lien is 
                        situated, whenever the State has not by law 
                        designated 1 office which meets the 
                        requirements of clause (i).
                            ``(iii) With recorder of deeds of the 
                        district of columbia.--In the office of the 
                        Recorder of Deeds of the District of Columbia, 
                        if the property subject to the lien is situated 
                        in the District of Columbia.
                    ``(B) Situs of property subject to lien.--For 
                purposes of subparagraph (A), property shall be deemed 
                to be situated as follows:
                            ``(i) Real property.--In the case of real 
                        property, at its physical location.
                            ``(ii) Personal property.--In the case of 
                        personal property, whether tangible or 
                        intangible, at the residence of the taxpayer at 
                        the time the notice of lien is filed.
                    ``(C) Determination of residence.--For purposes of 
                subparagraph (B)(ii), the residence of a corporation or 
                partnership shall be deemed to be the place at which 
                the principal executive office of the business is 
                located, and the residence of a taxpayer whose 
                residence is outside the United States shall be deemed 
                to be in the District of Columbia.
                    ``(D) Effect of filing notice of lien.--
                            ``(i) In general.--Upon filing of a notice 
                        of lien in the manner described in this 
                        paragraph, the lien shall be valid against any 
                        purchaser, holder of a security interest, 
                        mechanic's lien, or judgment lien creditor, 
                        except with respect to properties or 
                        transactions specified in subsection (b), (c), 
                        or (d) of section 6323 of the Internal Revenue 
                        Code of 1986 for which a notice of tax lien 
                        properly filed on the same date would not be 
                        valid.
                            ``(ii) Notice of lien.--The notice of lien 
                        shall be considered a notice of lien for taxes 
                        payable to the United States for the purpose of 
                        any State or local law providing for the filing 
                        of a notice of a tax lien. A notice of lien 
                        that is registered, recorded, docketed, or 
                        indexed in accordance with the rules and 
                        requirements relating to judgments of the 
                        courts of the State where the notice of lien is 
                        registered, recorded, docketed, or indexed 
                        shall be considered for all purposes as the 
                        filing prescribed by this section.
                            ``(iii) Other provisions.--The provisions 
                        of section 3201(e) of title 28, United States 
                        Code, shall apply to liens filed as prescribed 
                        by this paragraph.
                    ``(E) Enforcement of a lien.--A lien obtained 
                through this paragraph shall be considered a debt as 
                defined by section 3002 of title 28, United States Code 
                and enforceable pursuant to chapter 176 of such title.
            ``(9) Attorney general adjudication.--The Attorney General 
        shall have jurisdiction to adjudicate administrative 
        proceedings under this subsection. Such proceedings shall be 
        conducted in accordance with requirements of section 554 of 
        title 5, United States Code.
    ``(f) Criminal and Civil Penalties and Injunctions.--
            ``(1) Prohibition of indemnity bonds.--It is unlawful for 
        an employer, in the hiring of any individual, to require the 
        individual to post a bond or security, to pay or agree to pay 
        an amount, or otherwise to provide a financial guarantee or 
        indemnity, against any potential liability arising under this 
        section relating to such hiring of the individual.
            ``(2) Civil penalty.--Any employer who is determined, after 
        notice and opportunity for mitigation of the monetary penalty 
        under subsection (e), to have violated paragraph (1) shall be 
        subject to a civil penalty of $10,000 for each violation and to 
        an administrative order requiring the return of any amounts 
        received in violation of such paragraph to the employee or, if 
        the employee cannot be located, to the general fund of the 
        Treasury.
    ``(g) Government Contracts.--
            ``(1) Contractors and recipients.--Whenever an employer who 
        is a Federal contractor (meaning an employer who holds a 
        Federal contract, grant, or cooperative agreement, or 
        reasonably may be expected to submit an offer for or be awarded 
        a government contract) is determined by the Secretary to have 
        violated this section on more than 3 occasions or is convicted 
        of a crime under this section, the employer shall be considered 
        for debarment from the receipt of Federal contracts, grants, or 
        cooperative agreements in accordance with the procedures and 
        standards and for the periods prescribed by the Federal 
        Acquisition Regulation. However, any administrative 
        determination of liability for civil penalty by the Secretary 
        or the Attorney General shall not be reviewable in any 
        debarment proceeding.
            ``(2) Inadvertent violations.--Inadvertent violations of 
        recordkeeping or verification requirements, in the absence of 
        any other violations of this section, shall not be a basis for 
        determining that an employer is a repeat violator for purposes 
        of this subsection.
            ``(3) Other remedies available.--Nothing in this subsection 
        shall be construed to modify or limit any remedy available to 
        any agency or official of the Federal Government for violation 
        of any contractual requirement to participate in the System, as 
        provided in the final rule relating to employment eligibility 
        verification published in the Federal Register on November 14, 
        2008 (73 Fed. Reg. 67,651), or any similar subsequent 
        regulation.
    ``(h) Preemption.--The provisions of this section preempt any State 
or local law, ordinance, policy, or rule, including any criminal or 
civil fine or penalty structure, relating to the hiring, continued 
employment, or status verification for employment eligibility purposes, 
of unauthorized aliens. A State, locality, municipality, or political 
subdivision may exercise its authority over business licensing and 
similar laws as a penalty for failure to use the System.
    ``(i) Deposit of Amounts Received.--Except as otherwise specified, 
civil penalties collected under this section shall be deposited by the 
Secretary into the Comprehensive Immigration Reform Trust Fund 
established under section 6(a)(1) of the Border Security, Economic 
Opportunity, and Immigration Modernization Act.
    ``(j) Challenges to Validity of the System.--
            ``(1) In general.--Any right, benefit, or claim not 
        otherwise waived or limited pursuant to this section is 
        available in an action instituted in the United States District 
        Court for the District of Columbia, but shall be limited to 
        determinations of--
                    ``(A) whether this section, or any regulation 
                issued to implement this section, violates the 
                Constitution of the United States; or
                    ``(B) whether such a regulation issued by or under 
                the authority of the Secretary to implement this 
                section, is contrary to applicable provisions of this 
                section or was issued in violation of chapter 5 of 
                title 5, United States Code.
            ``(2) Deadlines for bringing actions.--Any action 
        instituted under this subsection must be filed no later than 
        180 days after the date the challenged section or regulation 
        described in subparagraph (A) or (B) of paragraph (1) becomes 
        effective. No court shall have jurisdiction to review any 
        challenge described in subparagraph (B) after the time period 
        specified in this subsection expires.
    ``(k) Criminal Penalties and Injunctions for Pattern or Practice 
Violations.--
            ``(1) Pattern and practice.--Any employer who engages in a 
        pattern or practice of knowing violations of subsection 
        (a)(1)(A) or (a)(2) shall be fined under title 18, United 
        States Code, no more than $10,000 for each unauthorized alien 
        with respect to whom such violation occurs, imprisoned for not 
        more than 2 years for the entire pattern or practice, or both.
            ``(2) Term of imprisonment.--The maximum term of 
        imprisonment of a person convicted of any criminal offense 
        under the United States Code shall be increased by 5 years if 
        the offense is committed as part of a pattern or practice of 
        violations of subsection (a)(1)(A) or (a)(2).
            ``(3) Enjoining of pattern or practice violations.--
        Whenever the Secretary or the Attorney General has reasonable 
        cause to believe that an employer is engaged in a pattern or 
        practice of employment in violation of subsection (a)(1)(A) or 
        (a)(2), the Attorney General may bring a civil action in the 
        appropriate district court of the United States requesting such 
        relief, including a permanent or temporary injunction, 
        restraining order, or other order against the employer, as the 
        Secretary or Attorney General deems necessary.
    ``(l) Criminal Penalties for Unlawful and Abusive Employment.--
            ``(1) In general.--Any person who, during any 12-month 
        period, knowingly employs or hires, employs, recruits, or 
        refers for a fee for employment 10 or more individuals within 
        the United States who are under the control and supervision of 
        such person--
                    ``(A) knowing that the individuals are unauthorized 
                aliens; and
                    ``(B) under conditions that violate section 5(a) of 
                the Occupational Safety and Health Act of 1970 (29 
                U.S.C. 654(a) (relating to occupational safety and 
                health), section 6 or 7 of the Fair Labor Standards Act 
                of 1938 (29 U.S.C. 206 and 207) (relating to minimum 
                wages and maximum hours of employment), section 3142 of 
                title 40, United States Code, (relating to required 
                wages on construction contracts), or sections 6703 or 
                6704 of title 41, United States Code, (relating to 
                required wages on service contracts),
        shall be fined under title 18, United States Code, or 
        imprisoned for not more than 10 years, or both.
            ``(2) Attempt and conspiracy.--Any person who attempts or 
        conspires to commit any offense under this section shall be 
        punished in the same manner as a person who completes the 
        offense.''.
    (b) Report on Use of the System in the Agricultural Industry.--Not 
later than 18 months after the date of the enactment of this Act, the 
Secretary, in consultation with the Secretary of Agriculture, shall 
submit a report to Congress that assesses implementation of the 
Employment Verification System established under section 274A(d) of the 
Immigration and Nationality Act, as amended by subsection (a), in the 
agricultural industry, including the use of such System technology in 
agriculture industry hiring processes, user, contractor, and third-
party employer agent employment practices, timing and logistics 
regarding employment verification and reverification processes to meet 
agriculture industry practices, and identification of potential 
challenges and modifications to meet the unique needs of the 
agriculture industry. Such report shall review--
            (1) the modality of access, training and outreach, customer 
        support, processes for further action notices and secondary 
        verifications for short-term workers, monitoring, and 
        compliance procedures for such System;
            (2) the interaction of such System with the process to 
        admit nonimmigrant workers pursuant to section 218 or 218A of 
        the Immigration and Nationality Act (8 U.S.C. 1188 et seq.) and 
        with enforcement of the immigration laws; and
            (3) the collaborative use of processes of other Federal and 
        State agencies that intersect with the agriculture industry.
    (c) Report on Impact of the System on Employers.--Not later than 18 
months after the date of the enactment of this Act, the Secretary shall 
submit to Congress a report that assesses--
            (1) the implementation of the Employment Verification 
        System established under section 274A(d) of the Immigration and 
        Nationality Act, as amended by subsection (a), by employers;
            (2) any adverse impact on the revenues, business processes, 
        or profitability of employers required to use such System; and
            (3) the economic impact of such System on small businesses.
    (d) Government Accountability Office Study of the Effects of 
Document Requirements on Employment Authorized Persons and Employers.--
            (1) Study.--The Comptroller General of the United States 
        shall carry out a study of--
                    (A) the effects of the documentary requirements of 
                section 274A of the Immigration and Nationality Act, as 
                amended by subsection (a), on employers, naturalized 
                United States citizens, nationals of the United States, 
                and individuals with employment authorized status; and
                    (B) the challenges such employers, citizens, 
                nationals, or individuals may face in obtaining the 
                documentation required under that section.
            (2) Report.--Not later than 4 years after the date of the 
        enactment of this Act, the Comptroller General shall submit to 
        Congress a report containing the findings of the study carried 
        out under paragraph (1). Such report shall include, at a 
        minimum, the following:
                    (A) An assessment of available information 
                regarding the number of working age nationals of the 
                United States and individuals who have employment 
                authorized status who lack documents required for 
                employment by such section 274A.
                    (B) A description of the additional steps required 
                for individuals who have employment authorized status 
                and do not possess the documents required by such 
                section 274A to obtain such documents.
                    (C) A general assessment of the average financial 
                costs for individuals who have employment authorized 
                status who do not possess the documents required by 
                such section 274A to obtain such documents.
                    (D) A general assessment of the average financial 
                costs and challenges for employers who have been 
                required to participate in the Employment Verification 
                System established by subsection (d) of such section 
                274A.
                    (E) A description of the barriers to individuals 
                who have employment authorized status in obtaining the 
                documents required by such section 274A, including 
                barriers imposed by the executive branch of the 
                Government.
                    (F) Any particular challenges facing individuals 
                who have employment authorized status who are members 
                of a federally recognized Indian tribe in complying 
                with the provisions of such section 274A.
    (e) Repeal of Pilot Programs and E-Verify and Transition 
Procedures.--
            (1) Repeal.--Sections 401, 402, 403, 404, and 405 of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note) 
        are repealed.
            (2) Transition procedures.--
                    (A) Continuation of e-verify program.--
                Notwithstanding the repeals made by paragraph (1), the 
                Secretary shall continue to operate the E-Verify 
                Program as described in section 403 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (division C of Public Law 104-208; 8 U.S.C. 1324a 
                note), as in effect the minute before the date of the 
                enactment of this Act, until the transition to the 
                System described in section 274A(d) of the Immigration 
                and Nationality Act, as amended by subsection (a), is 
                determined by the Secretary to be complete.
                    (B) Transition to the system.--Any employer who was 
                participating in the E-Verify Program described in 
                section 403 of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (division C of 
                Public Law 104-208; 8 U.S.C. 1324a note), as in effect 
                the minute before the date of the enactment of this 
                Act, shall participate in the System described in 
                section 274A(d) of the Immigration and Nationality Act, 
                as amended by subsection (a), to the same extent and in 
                the same manner that the employer participated in such 
                E-Verify Program.
            (3) Construction.--The repeal made by paragraph (1) may not 
        be construed to limit the authority of the Secretary to allow 
        or continue to allow the participation in such System of 
        employers who have participated in such E-Verify Program, as in 
        effect on the minute before the date of the enactment of this 
        Act.
    (f) Conforming Amendment.--Section 274(a) (8 U.S.C. 1324(a)) is 
amended--
            (1) by striking paragraph (3); and
            (2) by redesignating paragraph (4) as paragraph (3).

SEC. 3102. INCREASING SECURITY AND INTEGRITY OF SOCIAL SECURITY CARDS.

    (a) Fraud-resistant, Tamper-resistant, Wear-resistant, and Identity 
Theft-resistant Social Security Cards.--
            (1) Issuance.--
                    (A) Preliminary work.--Not later than 180 days 
                after the date of the enactment of this Act, the 
                Commissioner of Social Security shall begin work to 
                administer and issue fraud-resistant, tamper-resistant, 
                wear-resistant, and identity theft-resistant social 
                security cards.
                    (B) Completion.--Not later than 5 years after the 
                date of the enactment of this Act, the Commissioner of 
                Social Security shall issue only social security cards 
                determined to be fraud-resistant, tamper-resistant, 
                wear-resistant, and identity theft-resistant.
            (2) Amendment.--
                    (A) In general.--Section 205(c)(2)(G) of the Social 
                Security Act (42 U.S.C. 405(c)(2)(G)) is amended by 
                striking the second sentence and inserting the 
                following: ``The social security card shall be fraud-
                resistant, tamper-resistant, wear-resistant, and 
                identity theft-resistant.''.
                    (B) Effective date.--The amendment made by 
                subparagraph (A) shall take effect on the date that is 
                5 years after the date of the enactment of this Act.
            (3) Authorization of appropriation.--There are authorized 
        to be appropriated, from the Comprehensive Immigration Reform 
        Trust Fund established under section 6(a)(1), such sums as may 
        be necessary to carry out this section and the amendments made 
        by this section.
            (4) Emergency designation for congressional enforcement.--
        In the Senate, amounts made available under this subsection are 
        designated as an emergency requirement pursuant to section 
        403(a) of S. Con. Res. 13 (111th Congress), the concurrent 
        resolution on the budget for fiscal year 2010.
            (5) Emergency designation for statutory paygo.--Amounts 
        made available under this subsection are designated as an 
        emergency requirement under section 4(g) of the Statutory Pay-
        As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)).
    (b) Multiple Cards.--Section 205(c)(2)(G) of the Social Security 
Act (42 U.S.C. 405(c)(2)(G)), as amended by subsection (a)(2), is 
amended--
            (1) by inserting ``(i)'' after ``(G)''; and
            (2) by adding at the end the following:
    ``(ii) The Commissioner of Social Security shall restrict the 
issuance of multiple replacement social security cards to any 
individual to 3 per year and 10 for the life of the individual, except 
that the Commissioner may allow for reasonable exceptions from the 
limits under this clause on a case-by-case basis in compelling 
circumstances.''.
    (c) Criminal Penalties.--
            (1) Social security fraud.--
                    (A) In general.--Chapter 47 of title 18, United 
                States Code, is amended by inserting at the end the 
                following:
``Sec. 1041. Social security fraud
    ``Any person who--
            ``(1) knowingly possesses or uses a social security account 
        number or social security card knowing that the number or card 
        was obtained from the Commissioner of Social Security by means 
        of fraud or false statement;
            ``(2) knowingly and falsely represents a number to be the 
        social security account number assigned by the Commissioner of 
        Social Security to him or her or to another person, when such 
        number is known not to be the social security account number 
        assigned by the Commissioner of Social Security to him or her 
        or to such other person;
            ``(3) knowingly, and without lawful authority, buys, sells, 
        or possesses with intent to buy or sell a social security 
        account number or a social security card that is or purports to 
        be a number or card issued by the Commissioner of Social 
        Security;
            ``(4) knowingly alters, counterfeits, forges, or falsely 
        makes a social security account number or a social security 
        card;
            ``(5) knowingly uses, distributes, or transfers a social 
        security account number or a social security card knowing the 
        number or card to be intentionally altered, counterfeited, 
        forged, falsely made, or stolen; or
            ``(6) without lawful authority, knowingly produces or 
        acquires for any person a social security account number, a 
        social security card, or a number or card that purports to be a 
        social security account number or social security card,
shall be fined under this title, imprisoned not more than 5 years, or 
both.''.
                    (B) Table of sections amendment.--The table of 
                sections for chapter 47 of title 18, United States 
                Code, is amended by adding after the item relating to 
                section 1040 the following:

``Sec. 1041. Social security fraud.''.
            (2) Information disclosure.--
                    (A) In general.--Notwithstanding any other 
                provision of law and subject to subparagraph (B), the 
                Commissioner of Social Security shall disclose for the 
                purpose of investigating a violation of section 1041 of 
                title 18, United States Code, or section 274A, 274B, or 
                274C of the Immigration and Nationality Act (8 U.S.C. 
                1324a, 1324b, and 1324c), after receiving a written 
                request from an officer in a supervisory position or 
                higher official of any Federal law enforcement agency, 
                the following records of the Social Security 
                Administration:
                            (i) Records concerning the identity, 
                        address, location, or financial institution 
                        accounts of the holder of a social security 
                        account number or social security card.
                            (ii) Records concerning the application for 
                        and issuance of a social security account 
                        number or social security card.
                            (iii) Records concerning the existence or 
                        nonexistence of a social security account 
                        number or social security card.
                    (B) Limitation.--The Commissioner of Social 
                Security shall not disclose any tax return or tax 
                return information pursuant to subparagraph (A) except 
                as authorized by section 6103 of the Internal Revenue 
                Code of 1986.

SEC. 3103. INCREASING SECURITY AND INTEGRITY OF IMMIGRATION DOCUMENTS.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary shall submit a report to Congress on the feasibility, 
advantages, and disadvantages of including, in addition to a 
photograph, other biometric information on each employment 
authorization document issued by the Department.

SEC. 3104. RESPONSIBILITIES OF THE SOCIAL SECURITY ADMINISTRATION.

    Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is 
amended by adding at the end the following new part:

                   ``Part E--Employment Verification

       ``responsibilities of the commissioner of social security

    ``Sec. 1186.  (a) Confirmation of Employment Verification Data.--As 
part of the employment verification system established by the Secretary 
of Homeland Security under the provisions of section 274A of the 
Immigration and Nationality Act (8 U.S.C. 1324a) (in this section 
referred to as the `System'), the Commissioner of Social Security 
shall, subject to the provisions of section 274A(d) of the Immigration 
and Nationality Act (8 U.S.C. 1324a(d)), establish a reliable, secure 
method that, operating through the System and within the time periods 
specified in section 274A(d) of such Act--
            ``(1) compares the name, date of birth, social security 
        account number, and available citizenship information provided 
        in an inquiry against such information maintained by the 
        Commissioner in order to confirm (or not confirm) the validity 
        of the information provided regarding an individual whose 
        identity and employment eligibility must be confirmed;
            ``(2) determines the correspondence of the name, date of 
        birth, and number;
            ``(3) determines whether the name and number belong to an 
        individual who is deceased according to the records maintained 
        by the Commissioner;
            ``(4) determines whether an individual is a national of the 
        United States, as defined in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and
            ``(5) determines whether the individual has presented a 
        social security account number that is not valid for 
        employment.
    ``(b) Prohibition.--The System shall not disclose or release social 
security information to employers through the confirmation system 
(other than such confirmation or nonconfirmation, information provided 
by the employer to the System, or the reason for the issuance of a 
further action notice).''.

SEC. 3105. IMPROVED PROHIBITION ON DISCRIMINATION BASED ON NATIONAL 
              ORIGIN OR CITIZENSHIP STATUS.

    (a) In General.--Section 274B(a) (8 U.S.C. 1324b(a)) is amended to 
read as follows:
    ``(a) Prohibition on Discrimination Based on National Origin or 
Citizenship Status.--
            ``(1) Prohibition on discrimination generally.--It is an 
        unfair immigration-related employment practice for a person, 
        other entity, or employment agency, to discriminate against any 
        individual (other than an unauthorized alien defined in section 
        274A(b)) because of such individual's national origin or 
        citizenship status, with respect to the following:
                    ``(A) The hiring of the individual for employment.
                    ``(B) The verification of the individual's 
                eligibility to work in the United States.
                    ``(C) The discharging of the individual from 
                employment.
            ``(2) Exceptions.--Paragraph (1) shall not apply to the 
        following:
                    ``(A) A person, other entity, or employer that 
                employs 3 or fewer employees, except for an employment 
                agency.
                    ``(B) A person's or entity's discrimination because 
                of an individual's national origin if the 
                discrimination with respect to that employer, person, 
                or entity and that individual is covered under section 
                703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
                2), unless the discrimination is related to an 
                individual's verification of employment authorization.
                    ``(C) Discrimination because of citizenship status 
                which--
                            ``(i) is otherwise required in order to 
                        comply with a provision of Federal, State, or 
                        local law related to law enforcement;
                            ``(ii) is required by Federal Government 
                        contract; or
                            ``(iii) the Secretary or Attorney General 
                        determines to be essential for an employer to 
                        do business with an agency or department of the 
                        Federal Government or a State, local, or tribal 
                        government.
            ``(3) Additional exception providing right to prefer 
        equally qualified citizens.--Notwithstanding any other 
        provision of this section, it is not an unfair immigration-
        related employment practice for an employer (as defined in 
        section 274A(b)) to prefer to hire, recruit, or refer for a fee 
        an individual who is a citizen or national of the United States 
        over another individual who is an alien if the 2 individuals 
        are equally qualified.
            ``(4) Unfair immigration-related employment practices 
        relating to the system.--It is also an unfair immigration-
        related employment practice for a person, other entity, or 
        employment agency--
                    ``(A) to discharge or constructively discharge an 
                individual solely due to a further action notice issued 
                by the Employment Verification System created by 
                section 274A until the administrative appeal described 
                in section 274A(d)(6) is completed;
                    ``(B) to use the System with regard to any person 
                for any purpose except as authorized by section 
                274A(d);
                    ``(C) to use the System to reverify the employment 
                authorization of a current employee, including an 
                employee continuing in employment, other than 
                reverification upon expiration of employment 
                authorization, or as otherwise authorized under section 
                274A(d) or by regulation;
                    ``(D) to use the System selectively for employees, 
                except where authorized by law;
                    ``(E) to fail to provide to an individual any 
                notice required in section 274A(d) within the relevant 
                time period;
                    ``(F) to use the System to deny workers' employment 
                or post-employment benefits;
                    ``(G) to misuse the System to discriminate based on 
                national origin or citizenship status;
                    ``(H) to require an employee or prospective 
                employee to use any self-verification feature of the 
                System or provide, as a condition of application or 
                employment, any self-verification results;
                    ``(I) to use an immigration status verification 
                system, service, or method other than those described 
                in section 274A for purposes of verifying employment 
                eligibility; or
                    ``(J) to grant access to document verification or 
                System data, to any individual or entity other than 
                personnel authorized to have such access, or to fail to 
                take reasonable safeguards to protect against 
                unauthorized loss, use, alteration, or destruction of 
                System data.
            ``(5) Prohibition of intimidation or retaliation.--It is 
        also an unfair immigration-related employment practice for a 
        person, other entity, or employment agency to intimidate, 
        threaten, coerce, or retaliate against any individual--
                    ``(A) for the purpose of interfering with any right 
                or privilege secured under this section; or
                    ``(B) because the individual intends to file or has 
                filed a charge or a complaint, testified, assisted, or 
                participated in any manner in an investigation, 
                proceeding, or hearing under this section.
            ``(6) Treatment of certain documentary practices as 
        employment practices.--A person's, other entity's, or 
        employment agency's request, for purposes of verifying 
        employment eligibility, for more or different documents than 
        are required under section 274A, or for specific documents, or 
        refusing to honor documents tendered that reasonably appear to 
        be genuine shall be treated as an unfair immigration-related 
        employment practice.
            ``(7) Prohibition of withholding employment records.--It is 
        an unfair immigration-related employment practice for an 
        employer that is required under Federal, State, or local law to 
        maintain records documenting employment, including dates or 
        hours of work and wages received, to fail to provide such 
        records to any employee upon request.
            ``(8) Professional, commercial, and business licenses.--An 
        individual who is authorized to be employed in the United 
        States may not be denied a professional, commercial, or 
        business license on the basis of his or her immigration status.
            ``(9) Employment agency defined.--In this section, the term 
        `employment agency' means any employer, person, or entity 
        regularly undertaking with or without compensation to procure 
        employees for an employer or to procure for employees 
        opportunities to work for an employer and includes an agent of 
        such employer, person, or entity.''.
    (b) Referral by EEOC.--Section 274B(b) (8 U.S.C. 1324b(b)) is 
amended by adding at the end the following:
            ``(3) Referral by eeoc.--The Equal Employment Opportunity 
        Commission shall refer all matters alleging immigration-related 
        unfair employment practices filed with the Commission, 
        including those alleging violations of paragraphs (1), (4), 
        (5), and (6) of subsection (a) to the Special Counsel for 
        Immigration-Related Unfair Employment Practices of the 
        Department of Justice.''.
    (c) Authorization of Appropriations.--Section 274B(l)(3) (8 U.S.C. 
1324b(l)(3)) is amended by striking the period at the end and inserting 
``and an additional $40,000,000 for each of fiscal years 2014 through 
2016.''.
    (d) Fines.--
            (1) In general.--Section 274B(g)(2)(B) (8 U.S.C. 
        1324b(g)(2)(B)) is amended by striking clause (iv) and 
        inserting the following:
                            ``(iv) to pay any applicable civil 
                        penalties prescribed below, the amounts of 
                        which may be adjusted periodically to account 
                        for inflation as provided by law--
                                    ``(I) except as provided in 
                                subclauses (II) through (IV), to pay a 
                                civil penalty of not less than $2,000 
                                and not more than $5,000 for each 
                                individual subjected to an unfair 
                                immigration-related employment 
                                practice;
                                    ``(II) except as provided in 
                                subclauses (III) and (IV), in the case 
                                of an employer, person, or entity 
                                previously subject to a single order 
                                under this paragraph, to pay a civil 
                                penalty of not less than $4,000 and not 
                                more than $10,000 for each individual 
                                subjected to an unfair immigration-
                                related employment practice;
                                    ``(III) except as provided in 
                                subclause (IV), in the case of an 
                                employer, person, or entity previously 
                                subject to more than 1 order under this 
                                paragraph, to pay a civil penalty of 
                                not less than $8,000 and not more than 
                                $25,000 for each individual subjected 
                                to an unfair immigration-related 
                                employment practice; and
                                    ``(IV) in the case of an unfair 
                                immigration-related employment practice 
                                described in paragraphs (4) through (7) 
                                of subsection (a), to pay a civil 
                                penalty of not less than $500 and not 
                                more than $2,000 for each individual 
                                subjected to an unfair immigration-
                                related employment practice.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date that is 1 year after the date of 
        the enactment of this Act and apply to violations occurring on 
        or after such date of enactment.

SEC. 3106. RULEMAKING.

    (a) Interim Final Regulations.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act--
                    (A) the Secretary, shall issue regulations 
                implementing sections 3101 and 3104 and the amendments 
                made by such sections (except for section 274A(d)(7) of 
                the Immigration and Nationality Act); and
                    (B) the Attorney General shall issue regulations 
                implementing section 274A(d)(7) of the Immigration and 
                Nationality Act, as added by section 3101, section 
                3105, and the amendments made by such sections.
            (2) Effective date.--Regulations issued pursuant to 
        paragraph (1) shall be effective immediately on an interim 
        basis, but are subject to change and revision after public 
        notice and opportunity for a period for public comment.
    (b) Final Regulations.--Within a reasonable time after publication 
of the interim regulations under subsection (a), the Secretary, in 
consultation with the Commissioner of Social Security and the Attorney 
General, shall publish final regulations implementing this subtitle.

SEC. 3107. OFFICE OF THE SMALL BUSINESS AND EMPLOYEE ADVOCATE.

    (a) Establishment of Small Business and Employee Advocate.--The 
Secretary shall establish and maintain within U.S. Citizenship and 
Immigration Services the Office of the Small Business and Employee 
Advocate (in this section referred to as the ``Office''). The purpose 
of the Office shall be to assist small businesses and individuals in 
complying with the requirements of section 274A of the Immigration and 
Nationality Act (8 U.S.C. 1324a), as amended by this Act, including the 
resolution of conflicts arising in the course of attempted compliance 
with such requirements.
    (b) Functions.--The functions of the Office shall include, but not 
be limited to, the following:
            (1) Informing small businesses and individuals about the 
        verification practices required by section 274A of the 
        Immigration and Nationality Act, including, but not limited to, 
        the document verification requirements and the employment 
        verification system requirements under subsections (c) and (d) 
        of that section.
            (2) Assisting small businesses and individuals in 
        addressing allegedly erroneous further action notices and 
        nonconfirmations issued under subsection (d) of section 274A of 
        the Immigration and Nationality Act.
            (3) Informing small businesses and individuals of the 
        financial liabilities and criminal penalties that apply to 
        violations and failures to comply with the requirements of 
        section 274A of the Immigration and Nationality Act, including, 
        but not limited to, by issuing best practices for compliance 
        with that section.
            (4) To the extent practicable, proposing changes to the 
        Secretary in the administrative practices of the employment 
        verification system required under subsection (d) of section 
        274A of the Immigration and Nationality Act to mitigate the 
        problems identified under paragraph (2).
            (5) Making recommendations through the Secretary to 
        Congress for legislative action to mitigate such problems.
    (c) Authority To Issue Assistance Order.--
            (1) In general.--Upon application filed by a small business 
        or individual with the Office (in such form, manner, and at 
        such time as the Secretary shall by regulations prescribe), the 
        Office may issue an assistance order if--
                    (A) the Office determines the small business or 
                individual is suffering or about to suffer a 
                significant hardship as a result of the manner in which 
                the employment verification laws under subsections (c) 
                and (d) of section 274A of the Immigration and 
                Nationality Act are being administered by the 
                Secretary; or
                    (B) the small business or individual meets such 
                other requirements as are set forth in regulations 
                prescribed by the Secretary.
            (2) Determination of hardship.--For purposes of paragraph 
        (1), a significant hardship shall include--
                    (A) an immediate threat of adverse action;
                    (B) a delay of more than 60 days in resolving 
                employment verification system problems;
                    (C) the incurring by the small business or 
                individual of significant costs if relief is not 
                granted; or
                    (D) irreparable injury to, or a long-term adverse 
                impact on, the small business or individual if relief 
                is not granted.
            (3) Standards when administrative guidance not followed.--
        In cases where a U.S. Citizenship and Immigration Services 
        employee is not following applicable published administrative 
        guidance, the Office shall construe the factors taken into 
        account in determining whether to issue an assistance order 
        under this subsection in the manner most favorable to the small 
        business or individual.
            (4) Terms of assistance order.--The terms of an assistance 
        order under this subsection may require the Secretary within a 
        specified time period--
                    (A) to determine whether any employee is or is not 
                authorized to work in the United States; or
                    (B) to abate any penalty under section 274A of the 
                Immigration and Nationality Act that the Office 
                determines is arbitrary, capricious, or 
                disproportionate to the underlying offense.
            (5) Authority to modify or rescind.--Any assistance order 
        issued by the Office under this subsection may be modified or 
        rescinded--
                    (A) only by the Office, the Director or Deputy 
                Director of U.S. Citizenship and Immigration Services, 
                or the Secretary or the Secretary's designee; and
                    (B) if rescinded by the Director or Deputy Director 
                of U.S. Citizenship and Immigration Services, only if a 
                written explanation of the reasons of such official for 
                the modification or rescission is provided to the 
                Office.
            (6) Suspension of running of period of limitation.--The 
        running of any period of limitation with respect to an action 
        described in paragraph (4)(A) shall be suspended for--
                    (A) the period beginning on the date of the small 
                business or individual's application under paragraph 
                (1) and ending on the date of the Office's decision 
                with respect to such application; and
                    (B) any period specified by the Office in an 
                assistance order issued under this subsection pursuant 
                to such application.
            (7) Independent action of office.--Nothing in this 
        subsection shall prevent the Office from taking any action in 
        the absence of an application under paragraph (1).
    (d) Accessibility to the Public.--
            (1) In person, online, and telephone assistance.--The 
        Office shall provide information and assistance specified in 
        subsection (b) in person at locations designated by the 
        Secretary, online through an Internet website of the Department 
        available to the public, and by telephone.
            (2) Availability to all employers.--In making information 
        and assistance available, the Office shall prioritize the needs 
        of small businesses and individuals. However, the information 
        and assistance available through the Office shall be available 
        to any employer.
    (e) Avoiding Duplication Through Coordination.--In the discharge of 
the functions of the Office, the Secretary shall consult with the 
Secretary of Labor, the Secretary of Agriculture, the Commissioner, the 
Attorney General, the Equal Employment Opportunity Commission, and the 
Administrator of the Small Business Administration in order to avoid 
duplication of efforts across the Federal Government.
    (f) Definitions.--In this section:
            (1) The term ``employer'' has the meaning given that term 
        in section 274A(b) of the Immigration and Nationality Act.
            (2) The term ``small business'' means an employer with 49 
        or fewer employees.
    (g) Funding.--There shall be appropriated, from the Comprehensive 
Immigration Reform Trust Fund established by section 6(a)(1) of this 
Act, such sums as may be necessary to carry out the functions of the 
Office.

              Subtitle B--Protecting United States Workers

SEC. 3201. PROTECTIONS FOR VICTIMS OF SERIOUS VIOLATIONS OF LABOR AND 
              EMPLOYMENT LAW OR CRIME.

    (a) In General.--Section 101(a)(15)(U) (8 U.S.C. 1101(a)(15)(U)) is 
amended--
            (1) in clause (i)--
                    (A) by amending subclause (I) to read as follows:
                            ``(I) the alien--
                                    ``(aa) has suffered substantial 
                                physical or mental abuse or substantial 
                                harm as a result of having been a 
                                victim of criminal activity described 
                                in clause (iii) or of a covered 
                                violation described in clause (iv); or
                                    ``(bb) is a victim of criminal 
                                activity described in clause (iii) or 
                                of a covered violation described in 
                                clause (iv) and would suffer extreme 
                                hardship upon removal;'';
                    (B) in subclause (II), by inserting ``, or a 
                covered violation resulting in a claim described in 
                clause (iv) that is not the subject of a frivolous 
                lawsuit by the alien'' before the semicolon at the end; 
                and
                    (C) by amending subclauses (III) and (IV) to read 
                as follows:
                            ``(III) the alien (or in the case of an 
                        alien child who is younger than 16 years of 
                        age, the parent, legal guardian, or next friend 
                        of the alien) has been helpful, is being 
                        helpful, or is likely to be helpful to--
                                    ``(aa) a Federal, State, or local 
                                law enforcement official, a Federal, 
                                State, or local prosecutor, a Federal, 
                                State, or local judge, the Department 
                                of Homeland Security, the Equal 
                                Employment Opportunity Commission, the 
                                Department of Labor, or other Federal, 
                                State, or local authorities 
                                investigating or prosecuting criminal 
                                activity described in clause (iii); or
                                    ``(bb) any Federal, State, or local 
                                governmental agency or judge 
                                investigating, prosecuting, or seeking 
                                civil remedies for any cause of action, 
                                whether criminal, civil, or 
                                administrative, arising from a covered 
                                violation described in clause (iv) and 
                                presents a certification from such 
                                Federal, State, or local governmental 
                                agency or judge attesting that the 
                                alien has been helpful, is being 
                                helpful, or is likely to be helpful to 
                                such agency in the investigation, 
                                prosecution, or adjudication arising 
                                from a covered violation described in 
                                clause (iv); and
                            ``(IV) the criminal activity described in 
                        clause (iii) or the covered violation described 
                        in clause (iv)--
                                    ``(aa) violated the laws of the 
                                United States; or
                                    ``(bb) occurred in the United 
                                States (including Indian country and 
                                military installations) or the 
                                territories and possessions of the 
                                United States;'';
            (2) in clause (ii)(II), by striking ``and'' at the end;
            (3) by moving clause (iii) 2 ems to the left;
            (4) in clause (iii), by inserting ``child abuse; elder 
        abuse;'' after ``stalking;'';
            (5) by adding at the end the following:
            ``(iv) a covered violation referred to in this clause is--
                    ``(I) a serious violation involving 1 or more of 
                the following or any similar activity in violation of 
                any Federal, State, or local law: serious workplace 
                abuse, exploitation, retaliation, or violation of 
                whistleblower protections;
                    ``(II) a violation giving rise to a civil cause of 
                action under section 1595 of title 18, United States 
                Code; or
                    ``(III) a violation resulting in the deprivation of 
                due process or constitutional rights.''.
    (b) Savings Provision.--Nothing in section 101(a)(15)(U)(iv)(I) of 
the Immigration and Nationality Act, as added by subsection (a), may be 
construed as altering the definition of retaliation or discrimination 
under any other provision of law.
    (c) Temporary Stay of Removal.--Section 274A (8 U.S.C. 1324a), as 
amended by section 3101, is further amended--
            (1) in subsection (e) by adding at the end the following:
            ``(10) Conduct in enforcement actions.--If the Secretary 
        undertakes an enforcement action at a facility about which a 
        bona fide workplace claim has been filed or is 
        contemporaneously filed, or as a result of information provided 
        to the Secretary in retaliation against employees for 
        exercising their rights related to a bona fide workplace claim, 
        the Secretary shall ensure that--
                    ``(A) any aliens arrested or detained who are 
                necessary for the investigation or prosecution of a 
                bona fide workplace claim or criminal activity (as 
                described in subparagraph (T) or (U) of section 
                101(a)(15)) are not removed from the United States 
                until after the Secretary--
                            ``(i) notifies the appropriate law 
                        enforcement agency with jurisdiction over such 
                        violations or criminal activity; and
                            ``(ii) provides such agency with the 
                        opportunity to interview such aliens;
                    ``(B) no aliens entitled to a stay of removal or 
                abeyance of removal proceedings under this section are 
                removed; and
                    ``(C) the Secretary shall stay the removal of an 
                alien who--
                            ``(i) has filed a claim regarding a covered 
                        violation described in clause (iv) of section 
                        101(a)(15)(U) and is the victim of the same 
                        violations under an existing investigation;
                            ``(ii) is a material witness in any pending 
                        or anticipated proceeding involving a bona fide 
                        workplace claim or civil rights claim; or
                            ``(iii) has filed for relief under such 
                        section if the alien is working with law 
                        enforcement as described in clause (i)(III) of 
                        such section.''; and
            (2) by adding at the end the following:
    ``(m) Victims of Criminal Activity or Labor and Employment 
Violations.--The Secretary of Homeland Security may permit an alien to 
remain temporarily in the United States and authorize the alien to 
engage in employment in the United States if the Secretary determines 
that the alien--
            ``(1) has filed for relief under section 101(a)(15)(U); or
            ``(2)(A) has filed, or is a material witness to, a bona 
        fide claim or proceedings resulting from a covered violation 
        (as defined in section 101(a)(15)(U)(iv)); and
            ``(B) has been helpful, is being helpful, or is likely to 
        be helpful, in the investigation, prosecution of, or pursuit of 
        civil remedies related to the claim arising from a covered 
        violation, to--
                    ``(i) a Federal, State, or local law enforcement 
                official;
                    ``(ii) a Federal, State, or local prosecutor;
                    ``(iii) a Federal, State, or local judge;
                    ``(iv) the Department of Homeland Security;
                    ``(v) the Equal Employment Opportunity Commission; 
                or
                    ``(vi) the Department of Labor.''.
    (d) Conforming Amendments.--Section 214(p) (8 U.S.C. 1184(p)) is 
amended--
            (1) in paragraph (1), by striking ``in section 
        101(a)(15)(U)(iii).'' both places it appears and inserting ``in 
        clause (iii) of section 101(a)(15)(U) or investigating, 
        prosecuting, or seeking civil remedies for claims resulting 
        from a covered violation described in clause (iv) of such 
        section.''; and
            (2) in the first sentence of paragraph (6)--
                    (A) by striking ``in section 101(a)(15)(U)(iii)'' 
                and inserting ``in clause (iii) of section 
                101(a)(15)(U) or claims resulting from a covered 
                violation described in clause (iv) of such section''; 
                and
                    (B) by inserting ``or claim arising from a covered 
                violation'' after ``prosecution of such criminal 
                activity''.
    (e) Modification of Limitation on Authority To Adjust Status for 
Victims of Crimes.--Section 245(m)(1) (8 U.S.C. 1255(m)(1)) is amended, 
in the matter before subparagraph (A), by inserting ``or an 
investigation or prosecution regarding a workplace or civil rights 
claim'' after ``prosecution''.
    (f) Expansion of Limitation on Sources of Information That May Be 
Used To Make Adverse Determinations.--
            (1) In general.--Section 384(a)(1) of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 (8 
        U.S.C. 1367(a)(1)) is amended--
                    (A) in each of subparagraphs (A) through (D), by 
                striking the comma at the end and inserting a 
                semicolon;
                    (B) subparagraph (E), by striking ``the criminal 
                activity,'' and inserting ``abuse and the criminal 
                activity or bona fide workplace claim (as defined in 
                subsection (e));'';
                    (C) in subparagraph (F), by striking ``, the 
                trafficker or perpetrator,'' and inserting ``), the 
                trafficker or perpetrator; or''; and
                    (D) by inserting after subparagraph (F) the 
                following:
                    ``(G) the alien's employer; or''.
            (2) Workplace claim defined.--Section 384 of such Act (8 
        U.S.C. 1367) is amended by adding at the end the following:
    ``(e) Workplace Claims.--
            ``(1) Workplace claims defined.--
                    ``(A) In general.--In subsection (a)(1), the term 
                `workplace claim' means any claim, petition, charge, 
                complaint, or grievance filed with, or submitted to, a 
                Federal, State, or local agency or court, relating to 
                the violation of applicable Federal, State, or local 
                labor or employment laws.
                    ``(B) Construction.--Subparagraph (A) may not be 
                construed to alter what constitutes retaliation or 
                discrimination under any other provision of law.
            ``(2) Penalty for false claims.--Any person who knowingly 
        presents a false or fraudulent claim to a law enforcement 
        official in relation to a covered violation described in 
        section 101(a)(15)(U)(iv) of the Immigration and Nationality 
        Act for the purpose of obtaining a benefit under this section 
        shall be subject to a civil penalty of not more than $1,000.
            ``(3) Limitation on stay of adverse determinations.--In the 
        case of an alien applying for status under section 
        101(a)(15)(U) of the Immigration and Nationality Act and 
        seeking relief under that section, the prohibition on adverse 
        determinations under subsection (a) shall expire on the date 
        that the alien's application for status under such section is 
        denied and all opportunities for appeal of the denial have been 
        exhausted.''.
    (g) Removal Proceedings.--Section 239(e) (8 U.S.C. 1229(e)) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``In cases where'' and inserting 
                ``If''; and
                    (B) by striking ``paragraph (2),'' and inserting 
                ``paragraph (2) or as a result of information provided 
                to the Secretary of Homeland Security in retaliation 
                against individuals for exercising or attempting to 
                exercise their employment rights or other legal 
                rights,''; and
            (2) in paragraph (2), by adding at the end the following:
                    ``(C) At a facility about which a bona fide 
                workplace claim has been filed or is contemporaneously 
                filed.''.

SEC. 3202. EMPLOYMENT VERIFICATION SYSTEM EDUCATION FUNDING.

    (a) Disposition of Civil Penalties.--Penalties collected under 
subsections (e)(4) and (f)(3) of section 274A of the Immigration and 
Nationality Act, amended by section 3101, shall be deposited, as 
offsetting receipts, into the Comprehensive Immigration Reform Trust 
Fund established under section 6(a)(1).
    (b) Expenditures.--Amounts deposited into the Trust Fund under 
subsection (a) shall be made available to the Secretary and the 
Attorney General to provide education to employers and employees 
regarding the requirements, obligations, and rights under the 
Employment Verification System.
    (c) Determination of Budgetary Effects.--
            (1) Emergency designation for congressional enforcement.--
        In the Senate, amounts made available under this section are 
        designated as an emergency requirement pursuant to section 
        403(a) of S. Con. Res. 13 (111th Congress), the concurrent 
        resolution on the budget for fiscal year 2010.
            (2) Emergency designation for statutory paygo.--Amounts 
        made available under this section are designated as an 
        emergency requirement under section 4(g) of the Statutory Pay-
        As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)).

SEC. 3203. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.

    (a) In General.--Pursuant to its authority under section 994 of 
title 28, United States Code, and in accordance with subsection (b), 
the United States Sentencing Commission shall promulgate sentencing 
guidelines or amend existing sentencing guidelines to modify, if 
appropriate, the penalties imposed on persons convicted of offenses 
under--
            (1) section 274A of the Immigration and Nationality Act (8 
        U.S.C. 1324a), as amended by section 3101;
            (2) section 16 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 216); and
            (3) any other Federal law covering similar conduct.
    (b) Requirements.--In carrying out subsection (a), the Sentencing 
Commission shall provide sentencing enhancements for any person 
convicted of an offense described in subsection (a) if such offense 
involves--
            (1) the intentional confiscation of identification 
        documents;
            (2) corruption, bribery, extortion, or robbery;
            (3) sexual abuse;
            (4) serious bodily injury;
            (5) an intent to defraud; or
            (6) a pattern of conduct involving multiple violations of 
        law that--
                    (A) creates, through knowing and intentional 
                conduct, a risk to the health or safety of any victim; 
                or
                    (B) denies payments due to victims for work 
                completed.

                      Subtitle C--Other Provisions

SEC. 3301. FUNDING.

    (a) Establishment of the Interior Enforcement Account.--There is 
hereby established in the Treasury of the United States an account 
which shall be known as the Interior Enforcement Account.
    (b) Appropriations.--There are authorized to be appropriated to the 
Interior Enforcement Account $1,000,000,000 to carry out this title and 
the amendments made by this title, including the following 
appropriations:
            (1) In each of the 5 years beginning on the date of the 
        enactment of this Act, the appropriations necessary to increase 
        to a level not less than 5,000, by the end of such 5-year 
        period, the total number of personnel of the Department 
        assigned exclusively or principally to an office or offices in 
        U.S. Citizenship and Immigration Services and U.S. Immigration 
        and Customs Enforcement (and consistent with the missions of 
        such agencies), dedicated to administering the System, and 
        monitoring and enforcing compliance with sections 274A, 274B, 
        and 274C of the Immigration and Nationality Act (8 U.S.C. 
        1324a, 1324b, and 1324c), including compliance with the 
        requirements of the Electronic Verification System established 
        under section 274A(d) of the Immigration and Nationality Act (8 
        U.S.C. 1324a(d)), as amended by section 3101. Such personnel 
        shall perform compliance and monitoring functions, including 
        the following:
                    (A) Verify compliance of employers participating in 
                such System with the requirements for participation 
                that are prescribed by the Secretary.
                    (B) Monitor such System for multiple uses of social 
                security account numbers and immigration identification 
                numbers that could indicate identity theft or fraud.
                    (C) Monitor such System to identify discriminatory 
                or unfair practices.
                    (D) Monitor such System to identify employers who 
                are not using such System properly, including employers 
                who fail to make available appropriate records with 
                respect to their queries and any notices of 
                confirmation, nonconfirmation, or further action.
                    (E) Identify instances in which an employee alleges 
                that an employer violated the employee's privacy or 
                civil rights, or misused such System, and create 
                procedures for an employee to report such an 
                allegation.
                    (F) Analyze and audit the use of such System and 
                the data obtained through such System to identify fraud 
                trends, including fraud trends across industries, 
                geographical areas, or employer size.
                    (G) Analyze and audit the use of such System and 
                the data obtained through such System to develop 
                compliance tools as necessary to respond to changing 
                patterns of fraud.
                    (H) Provide employers with additional training and 
                other information on the proper use of such System, 
                including training related to privacy and employee 
                rights.
                    (I) Perform threshold evaluation of cases for 
                referral to the Special Counsel for Immigration-Related 
                Unfair Employment Practices of the Department of 
                Justice or the Equal Employment Opportunity Commission, 
                and other officials or agencies with responsibility for 
                enforcing anti-discrimination, civil rights, privacy, 
                or worker protection laws, as may be appropriate.
                    (J) Any other compliance and monitoring activities 
                that the Secretary determines are necessary to ensure 
                the functioning of such System.
                    (K) Investigate identity theft and fraud detected 
                through such System and undertake the necessary 
                enforcement or referral actions.
                    (L) Investigate use of or access to fraudulent 
                documents and undertake the necessary enforcement 
                actions.
                    (M) Perform any other investigations that the 
                Secretary determines are necessary to ensure the lawful 
                functioning of such System, and undertake any 
                enforcement actions necessary as a result of such 
                investigations.
            (2) The appropriations necessary to acquire, install, and 
        maintain technological equipment necessary to support the 
        functioning of such System and the connectivity between U.S. 
        Citizenship and Immigration Services and U.S. Immigration and 
        Customs Enforcement, the Department of Justice, and other 
        agencies or officials with respect to the sharing of 
        information to support such System and related immigration 
        enforcement actions.
            (3) The appropriations necessary to establish a robust 
        redress process for employees who wish to appeal contested 
        nonconfirmations to ensure the accuracy and fairness of such 
        System.
            (4) The appropriations necessary to provide a means by 
        which individuals may access their own employment authorization 
        data to ensure the accuracy of such data, independent of an 
        individual's employer.
            (5) The appropriations necessary to carry out the identity 
        authentication mechanisms described in section 274A(c)(1)(F) of 
        the Immigration and Nationality Act, as amended by section 
        3101(a).
            (6) The appropriations necessary for the Office for Civil 
        Rights and Civil Liberties and the Office of Privacy of the 
        Department to perform the responsibilities of such Offices 
        related to such System.
            (7) The appropriations necessary to make grants to States 
        to support the States in assisting the Federal Government in 
        carrying out the provisions of this title and the amendments 
        made by this title.
    (c) Establishment of Reimbursable Agreement Between the Department 
of Homeland Security and the Social Security Administration.--Effective 
for fiscal years beginning on or after the date of enactment of this 
Act, the Secretary and the Commissioner of Social Security shall enter 
into and maintain an agreement that--
            (1) provides funds to the Commissioner for the full costs 
        of the responsibilities of the Commissioner under this section, 
        including--
                    (A) acquiring, installing, and maintaining 
                technological equipment and systems necessary for the 
                fulfillment of the responsibilities of the Commissioner 
                under this section; and
                    (B) responding to individuals who contest a further 
                action notice provided by the employment verification 
                system established under section 274A of the 
                Immigration and Nationality Act, as amended by section 
                3101;
            (2) provides such funds quarterly in advance of the 
        applicable quarter based on estimating methodology agreed to by 
        the Commissioner and the Secretary; and
            (3) requires an annual accounting and reconciliation of the 
        actual costs incurred and the funds provided under the 
        agreement which shall be reviewed by the Office of the 
        Inspector General of the Social Security Administration and the 
        Department.
    (d) Authorization of Appropriations to the Attorney General.--There 
are authorized to be appropriated to the Attorney General such sums as 
may be necessary to carry out the provisions of this title and the 
amendments made by this title, including enforcing compliance with 
section 274B of the Immigration and Nationality Act, as amended by 
section 3105.
    (e) Authorization of Appropriations to the Secretary of State.--
There are authorized to be appropriated to the Secretary of State such 
sums as may be necessary to carry out the provisions of this title and 
the amendments made by this title.

SEC. 3302. EFFECTIVE DATE.

    Except as otherwise specifically provided, this title and the 
amendments made by this title shall take effect on the date of the 
enactment of this Act.

SEC. 3303. MANDATORY EXIT SYSTEM.

    (a) Establishment.--
            (1) In general.--Not later than December 31, 2015, the 
        Secretary shall establish a mandatory exit data system that 
        shall include a requirement for the collection of data from 
        machine-readable visas, passports, and other travel and entry 
        documents for all categories of aliens who are exiting from air 
        and sea ports of entry.
            (2) Biometric exit data system.--Not later than 2 years 
        after the date of the enactment of this Act, the Secretary 
        shall establish a mandatory biometric exit data system at the 
        10 United States airports that support the highest volume of 
        international air travel, as determined by Department of 
        Transportation international flight departure data.
            (3) Implementation report.--Not later than 60 days after 
        the date of the enactment of this Act, the Secretary shall 
        submit to the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Homeland Security of 
        the House of Representatives a report the implementation of the 
        biometric exit data system referred to in paragraph (2), the 
        impact of such system on any additional wait times for 
        travelers, and projections for new officer personnel, including 
        U.S. Customs and Border Protection officers.
            (4) Effectiveness report.--Not later than 3 years after the 
        date of the enactment of this Act, the Secretary shall submit a 
        report to Congress that analyzes the effectiveness of biometric 
        exit data collection at the 10 airports referred to in 
        paragraph (2).
            (5) Mandatory biometric exit data system.--Absent 
        intervening action by Congress, the Secretary, not later than 6 
        years after the date of the enactment of this Act, shall 
        establish a mandatory biometric exit data system at all the 
        Core 30 international airports in the United States, as so 
        designated by the Federal Aviation Administration.
            (6) Expansion of biometric exit data system to major sea 
        and land ports.--Not later than 6 years after the date of the 
        enactment of this Act, the Secretary shall submit a plan to 
        Congress for the expansion of the biometric exit system to 
        major sea and land entry and exit points within the United 
        States based upon--
                    (A) the performance of the program established 
                pursuant to paragraph (2);
                    (B) the findings of the study conducted pursuant to 
                paragraph (4); and
                    (C) the projected costs to develop and deploy an 
                effective biometric exit data system.
            (7) Data collection.--There are authorized to be 
        appropriated, from the Comprehensive Immigration Reform Trust 
        Fund established under section 6(a)(1), such sums as may be 
        necessary to carry out this section
    (b) Integration and Interoperability.--
            (1) Integration of data system.--The Secretary shall fully 
        integrate all data from databases and data systems that process 
        or contain information on aliens, which are maintained by--
                    (A) the Department, at--
                            (i) the U.S. Immigration and Customs 
                        Enforcement;
                            (ii) the U.S. Customs and Border 
                        Protection; and
                            (iii) the U.S. Citizenship and Immigration 
                        Services;
                    (B) the Department of Justice, at the Executive 
                Office for Immigration Review; and
                    (C) the Department of State, at the Bureau of 
                Consular Affairs.
            (2) Interoperable component.--The fully integrated data 
        system under paragraph (1) shall be an interoperable component 
        of the exit data system.
            (3) Interoperable data system.--The Secretary shall fully 
        implement an interoperable electronic data system to provide 
        current and immediate access to information in the databases of 
        Federal law enforcement agencies and the intelligence community 
        that is relevant to determine--
                    (A) whether to issue a visa; or
                    (B) the admissibility or deportability of an alien.
            (4) Training.--The Secretary shall establish ongoing 
        training modules on immigration law to improve adjudications at 
        United States ports of entry, consulates, and embassies.
    (c) Information Sharing.--The Secretary shall report to the 
appropriate Federal law enforcement agency, intelligence agency, 
national security agency, or component of the Department of Homeland 
Security any alien who was lawfully admitted into the United States and 
whose individual data in the integrated exit data system shows that he 
or she has not departed the country when he or she was legally required 
to do so, and shall ensure that--
            (1) if the alien has departed the United States when he or 
        she was legally required to do so, the information contained in 
        the integrated exit data system is updated to reflect the 
        alien's departure; or
            (2) if the alien has not departed the United States when he 
        or she was legally required to do so, reasonably available 
        enforcement resources are employed to locate the alien and to 
        commence removal proceedings against the alien.

SEC. 3304. IDENTITY-THEFT RESISTANT MANIFEST INFORMATION FOR 
              PASSENGERS, CREW, AND NON-CREW ONBOARD DEPARTING AIRCRAFT 
              AND VESSELS.

    (a) Definitions.--Except as otherwise specifically provided, in 
this section:
            (1) Identity-theft resistant collection location.--The term 
        ``identity-theft resistant collection location'' means a 
        location within an airport or seaport--
                    (A) within the path of the departing alien, such 
                that the alien would not need to significantly deviate 
                from that path to comply with exit requirements at 
                which air or vessel carrier employees, as applicable, 
                either presently or routinely are available if an alien 
                needs processing assistance; and
                    (B) which is equipped with technology that can 
                securely collect and transmit identity-theft resistant 
                departure information to the Department.
            (2) US-VISIT.--The term ``US-VISIT'' means the United 
        States-Visitor and Immigrant Status Indicator Technology 
        system.
    (b) Identity Theft Resistant Manifest Information.--
            (1) Passport or visa collection requirement.--Except as 
        provided in subsection (c), an appropriate official of each 
        commercial aircraft or vessel departing from the United States 
        to any port or place outside the United States shall ensure 
        transmission to U.S. Customs and Border Protection of identity-
        theft resistant departure manifest information covering alien 
        passengers, crew, and non-crew. Such identity-theft resistant 
        departure manifest information--
                    (A) shall be transmitted to U.S. Customs and Border 
                Protection at the place and time specified in paragraph 
                (3) by means approved by the Secretary; and
                    (B) shall set forth the information specified in 
                paragraph (4) or other information as required by the 
                Secretary.
            (2) Manner of collection.--Carriers boarding alien 
        passengers, crew, and noncrew subject to the requirement to 
        provide information upon departure for US-VISIT processing 
        shall collect identity-theft resistant departure manifest 
        information from each alien at an identity-theft resistant 
        collection location at the airport or seaport before boarding 
        that alien on transportation for departure from the United 
        States, at a time as close to the originally scheduled 
        departure of that passenger's aircraft or sea vessel as 
        practicable.
            (3) Time and manner of submission.--
                    (A) In general.--The appropriate official specified 
                in paragraph (1) shall ensure transmission of the 
                identity-theft resistant departure manifest information 
                required and collected under paragraphs (1) and (2) to 
                the Data Center or Headquarters of U.S. Customs and 
                Border Protection, or such other data center as may be 
                designated.
                    (B) Transmission.--The biometric departure 
                information may be transmitted to the Department over 
                any means of communication authorized by the Secretary 
                for the transmission of other electronic manifest 
                information containing personally identifiable 
                information and under transmission standards currently 
                applicable to other electronic manifest information.
                    (C) Submission along with other information.--Files 
                containing the identity-theft resistant departure 
                manifest information--
                            (i) may be sent with other electronic 
                        manifest data prior to departure or may be sent 
                        separately from any topically related 
                        electronic manifest data; and
                            (ii) may be sent in batch mode.
            (4) Information required.--The identity-theft resistant 
        departure information required under paragraphs (1) through (3) 
        for each covered passenger or crew member shall contain alien 
        data from machine-readable visas, passports, and other travel 
        and entry documents issued to the alien.
    (c) Exception.--The identity-theft resistant departure information 
specified in this section is not required for any alien active duty 
military personnel traveling as passengers on board a departing 
Department of Defense commercial chartered aircraft.
    (d) Carrier Maintenance and Use of Identity-Theft Resistant 
Departure Manifest Information.--Carrier use of identity-theft 
resistant departure manifest information for purposes other than as 
described in standards set by the Secretary is prohibited. Carriers 
shall immediately notify the Chief Privacy Officer of the Department in 
writing in the event of unauthorized use or access, or breach, of 
identity-theft resistant departure manifest information.
    (e) Collection at Specified Location.--If the Secretary determines 
that an air or vessel carrier has not adequately complied with the 
provisions of this section, the Secretary may, in the Secretary's 
discretion, require the air or vessel carrier to collect identity-theft 
resistant departure manifest information at a specific location prior 
to the issuance of a boarding pass or other document on the 
international departure, or the boarding of crew, in any port through 
which the carrier boards aliens for international departure under the 
supervision of the Secretary for such period as the Secretary considers 
appropriate to ensure the adequate collection and transmission of 
biometric departure manifest information.
    (f) Funding.--There shall be appropriated to the Interior 
Enforcement Account $500,000,000 to reimburse carriers for their 
reasonable actual expenses in carrying out their duties as described in 
this section.
    (g) Determination of Budgetary Effects.--
            (1) Emergency designation for congressional enforcement.--
        In the Senate, amounts made available under this section are 
        designated as an emergency requirement pursuant to section 
        403(a) of S. Con. Res. 13 (111th Congress), the concurrent 
        resolution on the budget for fiscal year 2010.
            (2) Emergency designation for statutory paygo.--Amounts 
        made available under this section are designated as an 
        emergency requirement under section 4(g) of the Statutory Pay-
        As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)).

SEC. 3305. PROFILING.

    (a) Prohibition.--In making routine or spontaneous law enforcement 
decisions, such as ordinary traffic stops, Federal law enforcement 
officers may not use race or ethnicity to any degree, except that 
officers may rely on race and ethnicity if a specific suspect 
description exists.
    (b) Exceptions.--
            (1) Specific investigation.--In conducting activities in 
        connection with a specific investigation, Federal law 
        enforcement officers may consider race and ethnicity only to 
        the extent that there is trustworthy information, relevant to 
        the locality or time frame, that links persons of a particular 
        race or ethnicity to an identified criminal incident, scheme, 
        or organization. This standard applies even where the use of 
        race or ethnicity might otherwise be lawful.
            (2) National security.--In investigating or preventing 
        threats to national security or other catastrophic events 
        (including the performance of duties related to air 
        transportation security), or in enforcing laws protecting the 
        integrity of the Nation's borders, Federal law enforcement 
        officers may not consider race or ethnicity except to the 
        extent permitted by the Constitution and laws of the United 
        States.
            (3) Defined term.--In this section, the term ``Federal law 
        enforcement officer'' means any officer, agent, or employee of 
        the United States authorized by law or by a Government agency 
        to engage in or supervise the prevention, detection, 
        investigation, or prosecution of any violation of Federal law.
    (c) Study and Regulations.--
            (1) Data collection.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary shall begin 
        collecting data regarding the individualized immigration 
        enforcement activities of covered Department officers.
            (2) Study.--Not later than 180 days after data collection 
        under paragraph (1) commences, the Secretary shall complete a 
        study analyzing the data.
            (3) Regulations.--Not later than 90 days after the date the 
        study required by paragraph (2) is completed, the Secretary, in 
        consultation with the Attorney General, shall issue regulations 
        regarding the use of race, ethnicity, and any other suspect 
        classifications the Secretary deems appropriate by covered 
        Department officers.
            (4) Reports.--Not later than 30 days after completion of 
        the study required by paragraph (2), the Secretary shall submit 
        the study to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (B) the Committee on Homeland Security of the House 
                of Representatives;
                    (C) the Committee on Appropriations of the Senate;
                    (D) the Committee on Appropriations of the House of 
                Representatives;
                    (E) the Committee on the Judiciary of the Senate; 
                and
                    (F) the Committee on the Judiciary of the House of 
                Representatives.
            (5) Defined term.--In this subsection, the term ``covered 
        Department officer'' means any officer, agent, or employee of 
        United States Customs and Border Protection, United States 
        Immigration and Customs Enforcement, or the Transportation 
        Security Administration.

SEC. 3306. ENHANCED PENALTIES FOR CERTAIN DRUG OFFENSES ON FEDERAL 
              LANDS.

    (a) Cultivating or Manufacturing Controlled Substances on Federal 
Property.--Section 401(b)(5) of the Controlled Substances Act (21 
U.S.C. 841(b)(5)) is amended by striking ``as provided in this 
subsection'' and inserting ``for not more than 10 years, in addition to 
any other term of imprisonment imposed under this subsection,''.
    (b) Use of Hazardous Substances.--Pursuant to its authority under 
section 994 of title 28, United States Code, the United States 
Sentencing Commission shall amend the Federal Sentencing Guidelines and 
policy statements to ensure that the guidelines provide an additional 
penalty increase of 2 offense levels above the sentence otherwise 
applicable for a violation of section 401(a) of the Controlled 
Substances Act (21 U.S.C. 841(a)) if the offense--
            (1) includes the use of a poison, chemical, or other 
        hazardous substance to cultivate or manufacture controlled 
        substances on Federal property;
            (2) creates a hazard to humans, wildlife, or domestic 
        animals;
            (3) degrades or harms the environment or natural resources; 
        or
            (4) pollutes an aquifer, spring, stream, river, or body of 
        water.
    (c) Stream Diversion or Clear Cutting on Federal Property.--
            (1) Prohibition on stream diversion or clear cutting on 
        federal property.--Section 401(b) of the Controlled Substances 
        Act is amended by adding at the end the following:
            ``(8) Destruction of bodies of water.--Any person who 
        violates subsection (a) in a manner that diverts, redirects, 
        obstructs, or drains an aquifer, spring, stream, river, or body 
        of water or clear cuts timber while cultivating or 
        manufacturing a controlled substance on Federal property shall 
        be fined in accordance with title 18, United States Code.''.
            (2) Federal sentencing guidelines enhancement.--Pursuant to 
        its authority under section 994 of title 28, United States 
        Code, the United States Sentencing Commission shall amend the 
        Federal Sentencing Guidelines and policy statements to ensure 
        that the guidelines provide an additional penalty increase of 2 
        offense levels for above the sentence otherwise applicable for 
        a violation of section 401(a) of the Controlled Substances Act 
        (21 U.S.C. 841(a)) if the offense involves the diversion, 
        redirection, obstruction, or draining of an aquifer, spring, 
        stream, river, or body of water or the clear cut of timber 
        while cultivating or manufacturing a controlled substance on 
        Federal property.
    (d) Booby Traps on Federal Land.--Section 401(d)(1) of the 
Controlled Substances Act (21 U.S.C. 841(d)(1)) is amended by inserting 
``cultivated,'' after ``is being''.
    (e) Use or Possession of Firearms in Connection With Drug Offenses 
on Federal Lands.--Pursuant to its authority under section 994 of title 
28, United States Code, the United States Sentencing Commission shall 
amend the Federal Sentencing Guidelines and policy statements to ensure 
that the guidelines provide an additional penalty increase of 2 offense 
levels above the sentence otherwise applicable for a violation of 
section 401(a) of the Controlled Substances Act (21 U.S.C. 841(a)) if 
the offense involves the possession of a firearm while cultivating or 
manufacturing controlled substances on Federal lands.

               Subtitle D--Asylum and Refugee Provisions

SEC. 3400. SHORT TITLE.

    This subtitle may be cited as the ``Frank R. Lautenberg Asylum and 
Refugee Reform Act''.

SEC. 3401. TIME LIMITS AND EFFICIENT ADJUDICATION OF GENUINE ASYLUM 
              CLAIMS.

    Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amended--
            (1) in subparagraph (A), by inserting ``or the Secretary of 
        Homeland Security'' after ``Attorney General'' both places such 
        term appears;
            (2) by striking subparagraphs (B) and (D);
            (3) by redesignating subparagraph (C) as subparagraph (B);
            (4) in subparagraph (B), as redesignated, by striking 
        ``subparagraph (D)'' and inserting ``subparagraphs (C) and 
        (D)''; and
            (5) by inserting after subparagraph (B), as redesignated, 
        the following:
                    ``(C) Changed circumstances.--Notwithstanding 
                subparagraph (B), an application for asylum of an alien 
                may be considered if the alien demonstrates, to the 
                satisfaction of the Attorney General or the Secretary 
                of Homeland Security, the existence of changed 
                circumstances that materially affect the applicant's 
                eligibility for asylum.
                    ``(D) Motion to reopen certain meritorious 
                claims.--Notwithstanding subparagraph (B) or section 
                240(c)(7), an alien may file a motion to reopen an 
                asylum claim during the 2-year period beginning on the 
                date of the enactment of the Border Security, Economic 
                Opportunity, and Immigration Modernization Act if the 
                alien--
                            ``(i) was denied asylum based solely upon a 
                        failure to meet the 1-year application filing 
                        deadline in effect on the date on which the 
                        application was filed;
                            ``(ii) was granted withholding of removal 
                        pursuant to section 241(b)(3) and has not 
                        obtained lawful permanent residence in the 
                        United States pursuant to any other provision 
                        of law;
                            ``(iii) is not subject to the safe third 
                        country exception under subparagraph (A) or a 
                        bar to asylum under subsection (b)(2) and 
                        should not be denied asylum as a matter of 
                        discretion; and
                            ``(iv) is physically present in the United 
                        States when the motion is filed.''.

SEC. 3402. REFUGEE FAMILY PROTECTIONS.

    (a) Children of Refugee or Asylee Spouses and Children.--A child of 
an alien who qualifies for admission as a spouse or child under section 
207(c)(2)(A) or 208(b)(3) of the Immigration and Nationality Act (8 
U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to the same 
status as such alien if the child--
            (1) is accompanying or following to join such alien; and
            (2) is otherwise eligible under section 207(c)(2)(A) or 
        208(b)(3) of the Immigration and Nationality Act.

SEC. 3403. CLARIFICATION ON DESIGNATION OF CERTAIN REFUGEES.

    (a) Termination of Certain Preferential Treatment in Immigration of 
Amerasians.--Section 584 of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1988 (8 U.S.C. 1101 note) is 
amended by adding at the end the following:
    ``(f) No visa may be issued under this section if the petition or 
application for such visa is submitted on or after the date of the 
enactment of the Border Security, Economic Opportunity, and Immigration 
Modernization Act.''.
    (b)  Refugee Designation.--Section 207(c)(1) (8 U.S.C. 1157(c)(1)) 
is amended--
            (1) by inserting ``(A)'' before ``Subject to the numerical 
        limitations''; and
            (2) by adding at the end the following:
    ``(B)(i) The President, upon a recommendation of the Secretary of 
State made in consultation with the Secretary of Homeland Security, and 
after appropriate consultation, may designate specifically defined 
groups of aliens--
            ``(I) whose resettlement in the United States is justified 
        by humanitarian concerns or is otherwise in the national 
        interest; and
            ``(II) who--
                    ``(aa) share common characteristics that identify 
                them as targets of persecution on account of race, 
                religion, nationality, membership in a particular 
                social group, or political opinion; or
                    ``(bb) having been identified as targets as 
                described in item (aa), share a common need for 
                resettlement due to a specific vulnerability.
    ``(ii) An alien who establishes membership in a group designated 
under clause (i) to the satisfaction of the Secretary of Homeland 
Security shall be considered a refugee for purposes of admission as a 
refugee under this section unless the Secretary determines that such 
alien ordered, incited, assisted, or otherwise participated in the 
persecution of any person on account of race, religion, nationality, 
membership in a particular social group, or political opinion.
    ``(iii) A designation under clause (i) is for purposes of 
adjudicatory efficiency and may be revoked by the President at any time 
after notification to Congress.
    ``(iv) Categories of aliens established under section 599D of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990 (Public Law 101-167; 8 U.S.C. 1157 note)--
            ``(I) shall be designated under clause (i) until the end of 
        the first fiscal year commencing after the date of the 
        enactment of the Border Security, Economic Opportunity, and 
        Immigration Modernization Act; and
            ``(II) shall be eligible for designation thereafter at the 
        discretion of the President, considering, among other factors, 
        whether a country under consideration has been designated by 
        the Secretary of State as a `Country of Particular Concern' for 
        engaging in or tolerating systematic, ongoing, and egregious 
        violations of religious freedom.
    ``(v) A designation under clause (i) shall not influence decisions 
to grant, to any alien, asylum under section 208, protection under 
section 241(b)(3), or protection under the Convention Against Torture 
and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at 
New York December 10, 1984.
    ``(vi) A decision to deny admission under this section to an alien 
who establishes to the satisfaction of the Secretary that the alien is 
a member of a group designated under clause (i) shall--
            ``(I) be in writing; and
            ``(II) state, to the maximum extent feasible, the reason 
        for the denial.
    ``(vii) Refugees admitted pursuant to a designation under clause 
(i) shall be subject to the number of admissions and be admissible 
under this section.''.

SEC. 3404. ASYLUM DETERMINATION EFFICIENCY.

    Section 235(b)(1)(B)(ii) (8 U.S.C. 1225(b)(1)(B)(ii)) is amended by 
striking ``asylum.'' and inserting ``asylum by an asylum officer. The 
asylum officer, after conducting a nonadversarial asylum interview and 
seeking supervisory review, may grant asylum to the alien under section 
208 or refer the case to a designee of the Attorney General, for a de 
novo asylum determination, for relief under the Convention Against 
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 
done at New York December 10, 1984, or for protection under section 
241(b)(3).''.

SEC. 3405. STATELESS PERSONS IN THE UNITED STATES.

    (a) In General.--Chapter 1 of title II (8 U.S.C. 1151 et seq.) is 
amended by adding at the end the following:

``SEC. 210A. PROTECTION OF CERTAIN STATELESS PERSONS IN THE UNITED 
              STATES.

    ``(a) Stateless Persons.--
            ``(1) In general.--In this section, the term `stateless 
        person' means an individual who is not considered a national 
        under the operation of the laws of any country.
            ``(2) Designation of specific stateless groups.--The 
        Secretary of Homeland Security, in consultation with the 
        Secretary of State, may, in the discretion of the Secretary, 
        designate specific groups of individuals who are considered 
        stateless persons, for purposes of this section.
    ``(b) Status of Stateless Persons.--
            ``(1) Relief for certain individuals determined to be 
        stateless persons.--The Secretary of Homeland Security or the 
        Attorney General may, in his or her discretion, provide 
        conditional lawful status to an alien who is otherwise 
        inadmissible or deportable from the United States if the 
        alien--
                    ``(A) is a stateless person present in the United 
                States;
                    ``(B) applies for such relief;
                    ``(C) has not lost his or her nationality as a 
                result of his or her voluntary action or knowing 
                inaction after arrival in the United States;
                    ``(D) except as provided in paragraphs (2) and (3), 
                is not inadmissible under section 212(a); and
                    ``(E) is not described in section 241(b)(3)(B)(i).
            ``(2) Inapplicability of certain provisions.--The 
        provisions under paragraphs (4), (5), (7), and (9)(B) of 
        section 212(a) shall not apply to any alien seeking relief 
        under paragraph (1).
            ``(3) Waiver.--The Secretary or the Attorney General may 
        waive any other provisions of such section, other than 
        subparagraphs (B), (C), (D)(ii), (E), (G), (H), or (I) of 
        paragraph (2), paragraph (3), paragraph (6)(C)(i) (with respect 
        to misrepresentations relating to the application for relief 
        under paragraph (1)), or subparagraphs (A), (C), (D), or (E) of 
        paragraph (10) of section 212(a), with respect to such an alien 
        for humanitarian purposes, to assure family unity, or if it is 
        otherwise in the public interest.
            ``(4) Submission of passport or travel document.--Any alien 
        who seeks relief under this section shall submit to the 
        Secretary of Homeland Security or the Attorney General--
                    ``(A) any available passport or travel document 
                issued at any time to the alien (whether or not the 
                passport or document has expired or been cancelled, 
                rescinded, or revoked); or
                    ``(B) an affidavit, sworn under penalty of 
                perjury--
                            ``(i) stating that the alien has never been 
                        issued a passport or travel document; or
                            ``(ii) identifying with particularity any 
                        such passport or travel document and explaining 
                        why the alien cannot submit it.
            ``(5) Work authorization.--The Secretary of Homeland 
        Security may authorize an alien who has applied for and is 
        found prima facie eligible for or been granted relief under 
        paragraph (1) to engage in employment in the United States.
            ``(6) Travel documents.--The Secretary may issue 
        appropriate travel documents to an alien who has been granted 
        relief under paragraph (1) that would allow him or her to 
        travel abroad and be admitted to the United States upon return, 
        if otherwise admissible.
            ``(7) Treatment of spouse and children.--The spouse or 
        child of an alien who has been granted conditional lawful 
        status under paragraph (1) shall, if not otherwise eligible for 
        admission under paragraph (1), be granted conditional lawful 
        status under this section if accompanying, or following to 
        join, such alien if--
                    ``(A) the spouse or child is admissible (except as 
                otherwise provided in paragraphs (2) and (3)) and is 
                not described in section 241(b)(3)(B)(i); and
                    ``(B) the qualifying relationship to the principal 
                beneficiary existed on the date on which such alien was 
                granted conditional lawful status.
    ``(c) Adjustment of Status.--
            ``(1) Inspection and examination.--At the end of the 1-year 
        period beginning on the date on which an alien has been granted 
        conditional lawful status under subsection (b), the alien may 
        apply for lawful permanent residence in the United States if--
                    ``(A) the alien has been physically present in the 
                United States for at least 1 year;
                    ``(B) the alien's conditional lawful status has not 
                been terminated by the Secretary of Homeland Security 
                or the Attorney General, pursuant to such regulations 
                as the Secretary or the Attorney General may prescribe; 
                and
                    ``(C) the alien has not otherwise acquired 
                permanent resident status.
            ``(2) Requirements for adjustment of status.--The Secretary 
        of Homeland Security or the Attorney General, under such 
        regulations as the Secretary or the Attorney General may 
        prescribe, may adjust the status of an alien granted 
        conditional lawful status under subsection (b) to that of an 
        alien lawfully admitted for permanent residence if such alien--
                    ``(A) is a stateless person;
                    ``(B) properly applies for such adjustment of 
                status;
                    ``(C) has been physically present in the United 
                States for at least 1 year after being granted 
                conditional lawful status under subsection (b);
                    ``(D) is not firmly resettled in any foreign 
                country; and
                    ``(E) is admissible (except as otherwise provided 
                under paragraph (2) or (3) of subsection (b)) as an 
                immigrant under this chapter at the time of examination 
                of such alien for adjustment of status.
            ``(3) Record.--Upon approval of an application under this 
        subsection, the Secretary of Homeland Security shall establish 
        a record of the alien's admission for lawful permanent 
        residence as of the date that is 1 year before the date of such 
        approval.
            ``(4) Numerical limitation.--The number of aliens who may 
        receive an adjustment of status under this section for a fiscal 
        year shall be subject to the numerical limitation of section 
        203(b)(4).
    ``(d) Proving the Claim.--In determining an alien's eligibility for 
lawful conditional status or adjustment of status under this 
subsection, the Secretary of Homeland Security or the Attorney General 
shall consider any credible evidence relevant to the application. The 
determination of what evidence is credible and the weight to be given 
that evidence shall be within the sole discretion of the Secretary or 
the Attorney General.
    ``(e) Review.--
            ``(1) Administrative review.--No appeal shall lie from the 
        denial of an application by the Secretary, but such denial will 
        be without prejudice to the alien's right to renew the 
        application in proceedings under section 240.
            ``(2) Motions to reopen.--Notwithstanding any limitation 
        imposed by law on motions to reopen removal, deportation, or 
        exclusion proceedings, any individual who is eligible for 
        relief under this section may file a motion to reopen 
        proceedings in order to apply for relief under this section. 
        Any such motion shall be filed within 2 years of the date of 
        the enactment of the Border Security, Economic Opportunity, and 
        Immigration Modernization Act.
    ``(f) Limitation.--
            ``(1) Applicability.--The provisions of this section shall 
        only apply to aliens present in the United States.
            ``(2) Savings provision.--Nothing in this section may be 
        construed to authorize or require--
                    ``(A) the admission of any alien to the United 
                States;
                    ``(B) the parole of any alien into the United 
                States; or
                    ``(C) the grant of any motion to reopen or 
                reconsider filed by an alien after departure or removal 
                from the United States.''.
    (b) Judicial Review.--Section 242(a)(2)(B)(ii) (8 U.S.C. 
1252(a)(2)(B)(ii)) is amended by striking ``208(a).'' and inserting 
``208(a) or 210A.''.
    (c) Conforming Amendment.--Section 203(b)(4) (8 U.S.C. 1153(b)(4)) 
is amended by inserting ``to aliens granted an adjustment of status 
under section 210A(c) or'' after ``level,''.
    (d) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act is amended by inserting after the item relating to 
section 210 the following:

``Sec. 210A. Protection of stateless persons in the United States.''.

SEC. 3406. U VISA ACCESSIBILITY.

    Section 214(p)(2)(A) (8 U.S.C. 1184(p)(2)(A)) is amended by 
striking ``10,000.'' and inserting ``18,000, of which not more than 
3,000 visas may be issued for aliens who are victims of a covered 
violation described in section 101(a)(15)(U).''.

SEC. 3407. WORK AUTHORIZATION WHILE APPLICATIONS FOR U AND T VISAS ARE 
              PENDING.

    (a) U Visas.--Section 214(p) (8 U.S.C. 1184(p)), as amended by 
section 3406 of this Act, is further amended--
            (1) in paragraph (6), by striking the last sentence; and
            (2) by adding at the end the following:
            ``(7) Work authorization.--Notwithstanding any provision of 
        this Act granting eligibility for employment in the United 
        States, the Secretary of Homeland Security shall grant 
        employment authorization to an alien who has filed an 
        application for nonimmigrant status under section 101(a)(15)(U) 
        on the date that is the earlier of--
                    ``(A) the date on which the alien's application for 
                such status is approved; or
                    ``(B) a date determined by the Secretary that is 
                not later than 180 days after the date on which the 
                alien filed the application.''.
    (b) T Visas.--Section 214(o) (8 U.S.C. 1184(o)) is amended by 
adding at the end the following:
            ``(8) Notwithstanding any provision of this Act granting 
        eligibility for employment in the United States, the Secretary 
        of Homeland Security shall grant employment authorization to an 
        alien who has filed an application for nonimmigrant status 
        under section 101(a)(15)(T) on the date that is the earlier 
        of--
                    ``(A) the date on which the alien's application for 
                such status is approved; or
                    ``(B) a date determined by the Secretary that is 
                not later than 180 days after the date on which the 
                alien filed the application.''.

SEC. 3408. REPRESENTATION AT OVERSEAS REFUGEE INTERVIEWS.

    Section 207(c) (8 U.S.C. 1157(c)) is amended by adding at the end 
the following:
            ``(5) The adjudicator of an application for refugee status 
        under this section shall consider all relevant evidence and 
        maintain a record of the evidence considered.
            ``(6) An applicant for refugee status may be represented, 
        including at a refugee interview, at no expense to the 
        Government, by an attorney or accredited representative who--
                    ``(A) was chosen by the applicant; and
                    ``(B) is authorized by the Secretary of Homeland 
                Security to be recognized as the representative of such 
                applicant in an adjudication under this section.
            ``(7)(A) A decision to deny an application for refugee 
        status under this section--
                    ``(i) shall be in writing; and
                    ``(ii) shall provide, to the maximum extent 
                feasible, information on the reason for the denial, 
                including--
                            ``(I) the facts underlying the 
                        determination; and
                            ``(II) whether there is a waiver of 
                        inadmissibility available to the applicant.
            ``(B) The basis of any negative credibility finding shall 
        be part of the written decision.
            ``(8)(A) An applicant who is denied refugee status under 
        this section may file a request with the Secretary for a review 
        of his or her application not later than 120 days after such 
        denial.
            ``(B) A request filed under subparagraph (A) shall be 
        adjudicated by refugee officers who have received training on 
        considering requests for review of refugee applications that 
        have been denied.
            ``(C) The Secretary shall publish the standard applied to a 
        request for review.
            ``(D) A request for review may result in the decision being 
        granted, denied, or reopened for a further interview.
            ``(E) A decision on a request for review under this 
        paragraph--
                    ``(i) shall be in writing; and
                    ``(ii) shall provide, to the maximum extent 
                feasible, information on the reason for the denial.''.

SEC. 3409. LAW ENFORCEMENT AND NATIONAL SECURITY CHECKS.

    (a) Refugees.--Section 207(c)(1) (8 U.S.C. 1157(c)(1)) is amended 
by adding at the end the following: ``No alien shall be admitted as a 
refugee until the identity of the applicant, including biographic and 
biometric data, has been checked against all appropriate records or 
databases maintained by the Secretary of Homeland Security, the 
Attorney General, the Secretary of State, and other Federal records or 
databases that the Secretary of Homeland Security considers necessary, 
to determine any national security, law enforcement, or other grounds 
on which the alien may be inadmissible to the United States or 
ineligible to apply for or be granted refugee status.''.
    (b) Asylees.--Section 208(d)(5)(A)(i) (8 U.S.C. 1158(d)(5)(A)(i)) 
is amended to read as follows:
                            ``(i) asylum shall not be granted until the 
                        identity of the applicant, using biographic and 
                        biometric data, has been checked against all 
                        appropriate records or databases maintained by 
                        the Secretary of Homeland Security, the 
                        Attorney General, the Secretary of State, and 
                        other Federal records or databases that the 
                        Secretary of Homeland Security considers 
                        necessary, to determine any national security, 
                        law enforcement, or other grounds on which the 
                        alien may be inadmissible to the United States 
                        or ineligible to apply for or be granted 
                        asylum;''.

SEC. 3410. TIBETAN REFUGEE ASSISTANCE.

    (a) Short Title.--This section may be cited as the ``Tibetan 
Refugee Assistance Act of 2013''.
    (b) Transition for Displaced Tibetans.--Notwithstanding the 
numerical limitations specified in sections 201 and 202 of the 
Immigration and Nationality Act (8 U.S.C. 1151 and 1152), 5,000 
immigrant visas shall be made available to qualified displaced Tibetans 
described in subsection (c) during the 3-year period beginning on 
October 1, 2013.
    (c) Qualified Displaced Tibetan Described.--
            (1) In general.--An individual is a qualified displaced 
        Tibetan if such individual--
                    (A) is a native of Tibet; and
                    (B) has been continuously residing in India or 
                Nepal since before the date of the enactment of this 
                Act.
            (2) Native of tibet described.--For purposes of paragraph 
        (1)(A), an individual shall be considered a native of Tibet if 
        such individual--
                    (A) was born in Tibet; or
                    (B) is the son, daughter, grandson, or 
                granddaughter of an individual who was born in Tibet.
    (d) Derivative Status for Spouses and Children.--A spouse or child 
(as defined in subparagraphs (A), (B), (C), (D), or (E) of section 
101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1))) 
shall, if not otherwise entitled to an immigrant status and the 
immediate issuance of a visa under this section, be entitled to the 
same status, and the same order of consideration, provided under this 
section, if accompanying, or following to join, the spouse or parent of 
such spouse or child.
    (e) Distribution of Visa Numbers.--The Secretary of State shall 
ensure that immigrant visas provided under subsection (b) are made 
available to qualified displaced Tibetans described in subsection (c) 
or (d) in an equitable manner, giving preference to those qualified 
displaced Tibetans who--
            (1) are not resettled in India or Nepal; or
            (2) are most likely to be resettled successfully in the 
        United States.

SEC. 3411. TERMINATION OF ASYLUM OR REFUGEE STATUS.

    (a) Termination of Status.--Except as provided in subsections (b) 
and (c), any alien who is granted asylum or refugee status under this 
Act or the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
who, without good cause as determined by the Secretary or the Attorney 
General, subsequently returns to the country of such alien's 
nationality or, in the case of an alien having no nationality, returns 
to any country in which such alien last habitually resided, and who 
applied for such status because of persecution or a well-founded fear 
of persecution in that country on account of race, religion, 
nationality, membership in a particular social group, or political 
opinion, shall have his or her refugee or asylum status terminated.
    (b) Waiver.--The Secretary has discretion to waive subsection (a) 
if it is established to the satisfaction of the Secretary or the 
Attorney General that the alien had good cause for the return. The 
waiver may be sought prior to departure from the United States or upon 
return.
    (c) Exception for Certain Aliens From Cuba.--Subsection (a) shall 
not apply to an alien who is eligible for adjustment to that of an 
alien lawfully admitted for permanent residence pursuant to the Cuban 
Adjustment Act of 1966 (Public Law 89-732).

SEC. 3412. ASYLUM CLOCK.

    Section 208(d)(2) (8 U.S.C. 1158(d)(2)) is amended by striking ``is 
not entitled to employment authorization'' and all that follows through 
``prior to 180 days after'' and inserting ``shall be provided 
employment authorization 180 days after''.

    Subtitle E--Shortage of Immigration Court Resources for Removal 
                              Proceedings

SEC. 3501. SHORTAGE OF IMMIGRATION COURT PERSONNEL FOR REMOVAL 
              PROCEEDINGS.

    (a) Immigration Court Judges.--The Attorney General shall increase 
the total number of immigration judges to adjudicate current pending 
cases and efficiently process future cases by at least--
            (1) 75 in fiscal year 2014;
            (2) 75 in fiscal year 2015; and
            (3) 75 in fiscal year 2016.
    (b) Necessary Support Staff for Immigration Court Judges.--The 
Attorney General shall address the shortage of support staff for 
immigration judges by ensuring that each immigration judge has the 
assistance of the necessary support staff, including the equivalent of 
1 staff attorney or law clerk and 1 legal assistant.
    (c) Annual Increases in Board of Immigration Appeals Personnel.--
The Attorney General shall increase the number of Board of Immigration 
Appeals staff attorneys (including the necessary additional support 
staff) to efficiently process cases by at least--
            (1) 30 in fiscal year 2014;
            (2) 30 in fiscal year 2015; and
            (3) 30 in fiscal year 2016.
    (d) Funding.--There shall be appropriated, from the Comprehensive 
Immigration Reform Trust Fund established under section 6(a)(1), such 
sums as may be necessary to carry out this section.

SEC. 3502. IMPROVING IMMIGRATION COURT EFFICIENCY AND REDUCING COSTS BY 
              INCREASING ACCESS TO LEGAL INFORMATION.

    (a) Clarification Regarding the Authority of the Attorney General 
To Appoint Counsel to Aliens in Immigration Proceedings.--Section 292 
(8 U.S.C. 1362) is amended--
            (1) by inserting ``(a)'' before ``In any'';
            (2) by striking ``(at no expense to the Government)'';
            (3) by striking ``he shall'' and inserting ``the person 
        shall''; and
            (4) by adding at the end the following:
    ``(b) The Government is not required to provide counsel to aliens 
under subsection (a). However, the Attorney General may, in the 
Attorney General's sole and unreviewable discretion, appoint or provide 
counsel to aliens in immigration proceedings conducted under section 
240 of this Act.''.
    (b) Appointment of Counsel in Certain Cases; Right To Review 
Certain Documents in Removal Proceedings.--Section 240(b) (8 U.S.C. 
1229a(b)) is amended--
            (1) in paragraph (4)--
                    (A) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (C) and (D), respectively;
                    (B) in subparagraph (A), by striking ``, at no 
                expense to the Government,'';
                    (C) by inserting after subparagraph (A) the 
                following new subparagraph:
                    ``(B) the alien shall, at the beginning of the 
                proceedings or at a reasonable time thereafter, 
                automatically receive a complete copy of all relevant 
                documents in the possession of the Department of 
                Homeland Security, including all documents (other than 
                documents protected from disclosure by privilege, 
                including national security information referenced in 
                subparagraph (C), law enforcement sensitive 
                information, and information prohibited from disclosure 
                pursuant to any other provision of law) contained in 
                the file maintained by the Government that includes 
                information with respect to all transactions involving 
                the alien during the immigration process (commonly 
                referred to as an `A-file'), and all documents 
                pertaining to the alien that the Department of Homeland 
                Security has obtained or received from other government 
                agencies, unless the alien waives the right to receive 
                such documents by executing a knowing and voluntary 
                waiver in a language that he or she understands 
                fluently,''; and
                    (D) by adding at the end the following:
        ``The Government is not required to provide counsel to aliens 
        under this paragraph. However, the Attorney General may, in the 
        Attorney General's sole and unreviewable discretion, appoint or 
        provide counsel at government expense to aliens in immigration 
        proceedings.''; and
            (2) by adding at the end the following new paragraph:
            ``(8) Failure to provide alien required documents.--In the 
        absence of a waiver under subparagraph (B) of paragraph (4), a 
        removal proceeding may not proceed until the alien has received 
        the documents as required under such subparagraph.''.
    (c) Appointment of Counsel for Unaccompanied Alien Children and 
Aliens With a Serious Mental Disability.--Section 292 (8 U.S.C. 1362), 
as amended by subsection (a), is further amended by adding at the end 
the following:
    ``(c) Notwithstanding subsection (b), the Attorney General shall 
appoint counsel, at the expense of the Government if necessary, to 
represent an alien in a removal proceeding who has been determined by 
the Secretary to be an unaccompanied alien child, is incompetent to 
represent himself or herself due to a serious mental disability that 
would be included in section 3(1) of the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12102(1)), or is considered particularly 
vulnerable when compared to other aliens in removal proceedings, such 
that the appointment of counsel is necessary to help ensure fair 
resolution and efficient adjudication of the proceedings.''.
    (d) Funding.--There shall be appropriated, from the Comprehensive 
Immigration Reform Trust Fund established under section 6(a)(1), such 
sums as may be necessary to carry out this section and the amendments 
made by this section.

SEC. 3503. OFFICE OF LEGAL ACCESS PROGRAMS.

    (a) Establishment of Office of Legal Access Programs.--The Attorney 
General shall maintain, within the Executive Office for Immigration 
Review, an Office of Legal Access Programs to develop and administer a 
system of legal orientation programs to make immigration proceedings 
more efficient and cost effective by educating aliens regarding 
administrative procedures and legal rights under United States 
immigration law and to establish other programs to assist in providing 
aliens access to legal information.
    (b) Legal Orientation Programs.--The legal orientation programs--
            (1) shall provide programs to assist detained aliens in 
        making informed and timely decisions regarding their removal 
        and eligibility for relief from removal in order to increase 
        efficiency and reduce costs in immigration proceedings and 
        Federal custody processes and to improve access to counsel and 
        other legal services;
            (2) may provide services to detained aliens in immigration 
        proceedings under sections 235, 238, 240, and 241(a)(5) of the 
        Immigration and Nationality Act (8 U.S.C. 1225, 1228, 1229a, 
        and 1231(a)(5)) and to other aliens in immigration and asylum 
        proceedings under sections 235, 238, and 240 of the Immigration 
        and Nationality Act (8 U.S.C. 1225, 1228, and 1229a); and
            (3) shall identify unaccompanied alien children, aliens 
        with a serious mental disability, and other particularly 
        vulnerable aliens for consideration by the Attorney General 
        pursuant to section 292(c) of the Immigration and Nationality 
        Act, as added by section 3502(c).
    (c) Procedures.--The Secretary, in consultation with the Attorney 
General, shall establish procedures that ensure that legal orientation 
programs are available for all detained aliens within 5 days of arrival 
into custody and to inform such aliens of the basic procedures of 
immigration hearings, their rights relating to those hearings under the 
immigration laws, information that may deter such aliens from filing 
frivolous legal claims, and any other information deemed appropriate by 
the Attorney General, such as a contact list of potential legal 
resources and providers.
    (d) Rule of Construction.--Nothing in this subsection shall be 
construed to create any substantive or procedural right or benefit that 
is legally enforceable by any party against the United States or its 
agencies or officers or any other person.
    (e) Funding.--There shall be appropriated, from the Comprehensive 
Immigration Reform Trust Fund established under section 6(a)(1), such 
sums as may be necessary to carry out this section.

SEC. 3504. CODIFYING BOARD OF IMMIGRATION APPEALS.

    (a) Definition of Board Member.--Section 101(a) (8 U.S.C. 1101(a)) 
is amended by adding at the end the following:
            ``(53) The term `Board Member' means an attorney whom the 
        Attorney General appoints to serve on the Board of Immigration 
        Appeals within the Executive Office of Immigration Review, and 
        is qualified to review decisions of immigration judges and 
        other matters within the jurisdiction of the Board of 
        Immigration Appeals.''.
    (b) Board of Immigration Appeals.--Section 240(a)(1) (8 U.S.C. 
1229a(a)(1)) is amended by adding at the end the following: ``The Board 
of Immigration Appeals and its Board Members shall review decisions of 
immigration judges under this section.''.
    (c) Appeals.--Section 240(b)(4) (8 U.S.C. 1229a(b)(4)), as amended 
by section 3502(b), is further amended--
            (1) in subparagraph (B), by striking ``, and'' and 
        inserting a semicolon;
            (2) in subparagraph (C), by striking the period and 
        inserting ``; and''; and
            (3) by inserting after subparagraph (C) the following:
                    ``(D) the alien or the Department of Homeland 
                Security may appeal the immigration judge's decision to 
                a 3-judge panel of the Board of Immigration Appeals.''.
    (d) Decision and Burden of Proof.--Section 240(c)(1)(A) (8 U.S.C. 
1229a(c)(1)(A)) is amended to read as follows:
                    ``(A) In general.--At the conclusion of the 
                proceeding, the immigration judge shall decide whether 
                an alien is removable from the United States. The 
                determination of the immigration judge shall be based 
                only on the evidence produced at the hearing. On 
                appeal, the Board of Immigration Appeals shall issue a 
                written opinion. The opinion shall address all 
                dispositive arguments raised by the parties. The panel 
                may incorporate by reference the opinion of the 
                immigration judge whose decision is being reviewed, 
                provided that the panel also addresses any arguments 
                made by the nonprevailing party regarding purported 
                errors of law, fact, or discretion.''.

SEC. 3505. IMPROVED TRAINING FOR IMMIGRATION JUDGES AND BOARD MEMBERS.

    (a) In General.--Section 240 (8 U.S.C. 1229a) is amended by adding 
at the end the following:
    ``(f) Improved Training.--
            ``(1) Improved training for immigration judges and board 
        members.--
                    ``(A) In general.--In consultation with the 
                Attorney General and the Director of the Federal 
                Judicial Center, the Director of the Executive Office 
                for Immigration Review shall review and modify, as 
                appropriate, training programs for immigration judges 
                and Board Members.
                    ``(B) Elements of review.--Each such review shall 
                study--
                            ``(i) the expansion of the training program 
                        for new immigration judges and Board Members;
                            ``(ii) continuing education regarding 
                        current developments in the field of 
                        immigration law; and
                            ``(iii) methods to ensure that immigration 
                        judges are trained on properly crafting and 
                        dictating decisions.
            ``(2) Improved training and guidance for staff.--The 
        Director of the Executive Office for Immigration Review shall--
                    ``(A) modify guidance and training regarding 
                screening standards and standards of review; and
                    ``(B) ensure that Board Members provide staff 
                attorneys with appropriate guidance in drafting 
                decisions in individual cases, consistent with the 
                policies and directives of the Director of the 
                Executive Office for Immigration Review and the 
                Chairman of the Board of Immigration Appeals.''.
    (b) Funding.--There shall be appropriated, from the Comprehensive 
Immigration Reform Trust Fund established under section 6(a)(1), such 
sums as may be necessary to carry out this section and the amendment 
made by this section.

SEC. 3506. IMPROVED RESOURCES AND TECHNOLOGY FOR IMMIGRATION COURTS AND 
              BOARD OF IMMIGRATION APPEALS.

    (a) Improved On-bench Reference Materials and Decision Templates.--
The Director of the Executive Office for Immigration Review shall 
ensure that immigration judges are provided with updated reference 
materials and standard decision templates that conform to the law of 
the circuits in which they sit.
    (b) Practice Manual.--The Director of the Executive Office for 
Immigration Review shall produce a practice manual describing best 
practices for the immigration courts and shall make such manual 
available electronically to counsel and litigants who appear before the 
immigration courts.
    (c) Recording System and Other Technologies.--
            (1) Plan required.--The Director of the Executive Office 
        for Immigration Review shall provide the Attorney General with 
        a plan and a schedule to replace the immigration courts' tape 
        recording system with a digital recording system that is 
        compatible with the information management systems of the 
        Executive Office for Immigration Review.
            (2) Audio recording system.--Consistent with the plan 
        described in paragraph (1), the Director shall pilot a digital 
        audio recording system not later than 1 year after the 
        enactment of this Act, and shall begin nationwide 
        implementation of that system as soon as practicable.
    (d) Improved Transcription Services.--Not later than 1 year after 
the enactment of this Act, the Director of the Executive Office for 
Immigration Review shall report to the Attorney General on the current 
transcription services utilized by the Office and recommend 
improvements to this system regarding quality and timeliness of 
transcription.
    (e) Improved Interpreter Selection.--Not later than 1 year after 
the enactment of this Act, the Director of the Executive Office for 
Immigration Review shall report to the Attorney General on the current 
interpreter selection process utilized by the Office and recommend 
improvements to this process regarding screening, hiring, 
certification, and evaluation of staff and contract interpreters.
    (f) Funding.--There shall be appropriated, from the Comprehensive 
Immigration Reform Trust Fund established under section 6(a)(1), such 
sums as may be necessary to carry out this section.

SEC. 3507. TRANSFER OF RESPONSIBILITY FOR TRAFFICKING PROTECTIONS.

    (a) Transfer of Responsibility.--
            (1) In general.--All unexpended balances appropriated or 
        otherwise available to the Department of Health and Human 
        Services and its Office of Refugee Resettlement in connection 
        with the functions provided for in paragraphs (5) and (6) of 
        section 235(c) of the William Wilberforce Trafficking Victims 
        Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)), 
        shall, subject to section 202 of the Budget and Accounting 
        Procedures Act of 1950, be transferred to the Department of 
        Justice. Funds transferred pursuant to this paragraph shall 
        remain available until expended and shall be used only for the 
        purposes for which the funds were originally authorized and 
        appropriated.
            (2) Contract authority.--The Attorney General may award 
        grants to, and enter into contracts to carry out the functions 
        set forth in paragraphs (5) and (6) of Section 235(c) of the 
        William Wilberforce Trafficking Victims Protection 
        Reauthorization Act of 2008.
    (b) Conforming Amendments.--Section 235(c) of the William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 
(8 U.S.C. 1232(c)) is amended--
            (1) in paragraph (5)--
                    (A) by striking ``Secretary of Health and Human 
                Services'' each place it appears and inserting 
                ``Attorney General''; and
                    (B) by striking the last sentence; and
            (2) in paragraph (6)--
                    (A) by striking ``Secretary of Health and Human 
                Services'' each place it appears and inserting 
                ``Attorney General'';
                    (B) in subparagraphs (B)(ii), (D), and (F), by 
                striking ``Secretary'' each place it appears and 
                inserting ``Attorney General''; and
                    (C) in subparagraph (F), by striking ``and Human 
                Services''.

 Subtitle F--Prevention of Trafficking in Persons and Abuses Involving 
                        Workers Recruited Abroad

SEC. 3601. DEFINITIONS.

    (a) In General.--Except as otherwise provided by this subtitle, the 
terms used in this subtitle shall have the same meanings, respectively, 
as are given those terms in section 3 of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 203).
    (b) Other Definitions.--
            (1) Foreign labor contractor.--The term ``foreign labor 
        contractor'' means any person who performs foreign labor 
        contracting activity, including any person who performs foreign 
        labor contracting activity wholly outside of the United States, 
        except that the term does not include any entity of the United 
        States Government.
            (2) Foreign labor contracting activity.--The term ``foreign 
        labor contracting activity'' means recruiting, soliciting, or 
        related activities with respect to an individual who resides 
        outside of the United States in furtherance of employment in 
        the United States, including when such activity occurs wholly 
        outside of the United States.
            (3) Person.--The term ``person'' means any natural person 
        or any corporation, company, firm, partnership, joint stock 
        company or association or other organization or entity (whether 
        organized under law or not), including municipal corporations.
            (4) Worker.--The term ``worker'' means an individual who is 
        the subject of foreign labor contracting activity and does not 
        include an exchange visitor (as defined in section 62.2 of 
        title 22, Code of Federal Regulations, or any similar successor 
        regulation).

SEC. 3602. DISCLOSURE.

    (a) Requirement for Disclosure.--Any person who engages in foreign 
labor contracting activity shall ascertain and disclose in writing in 
English and in the primary language of the worker at the time of the 
worker's recruitment, the following information:
            (1) The identity and address of the employer and the 
        identity and address of the person conducting the recruiting on 
        behalf of the employer, including any subcontractor or agent 
        involved in such recruiting.
            (2) All assurances and terms and conditions of employment, 
        from the prospective employer for whom the worker is being 
        recruited, including the work hours, level of compensation to 
        be paid, the place and period of employment, a description of 
        the type and nature of employment activities, any withholdings 
        or deductions from compensation and any penalties for 
        terminating employment.
            (3) A signed copy of the work contract between the worker 
        and the employer.
            (4) The type of visa under which the foreign worker is to 
        be employed, the length of time for which the visa will be 
        valid, the terms and conditions under which the visa may be 
        renewed, and a clear statement of any expenses associated with 
        securing or renewing the visa.
            (5) An itemized list of any costs or expenses to be charged 
        to the worker and any deductions to be taken from wages, 
        including any costs for housing or accommodation, 
        transportation to and from the worksite, meals, health 
        insurance, workers' compensation, costs of benefits provided, 
        medical examinations, healthcare, tools, or safety equipment 
        costs.
            (6) The existence of any labor organizing effort, strike, 
        lockout, or other labor dispute at the place of employment.
            (7) Whether and the extent to which workers will be 
        compensated through workers' compensation, private insurance, 
        or otherwise for injuries or death, including work-related 
        injuries and death, during the period of employment and, if so, 
        the name of the State workers' compensation insurance carrier 
        or the name of the policyholder of the private insurance, the 
        name and the telephone number of each person who must be 
        notified of an injury or death, and the time period within 
        which such notice must be given.
            (8) A statement, in a form specified by the Secretary--
                    (A) stating that--
                            (i) no foreign labor contractor, agent, or 
                        employee of a foreign labor contractor, may 
                        lawfully assess any fee (including visa fees, 
                        processing fees, transportation fees, legal 
                        expenses, placement fees, and other costs) to a 
                        worker for any foreign labor contracting 
                        activity; and
                            (ii) the employer may bear such costs or 
                        fees for the foreign labor contractor, but that 
                        these fees cannot be passed along to the 
                        worker;
                    (B) explaining that--
                            (i) no additional significant requirements 
                        or changes may be made to the original contract 
                        signed by the worker without at least 24 hours 
                        to consider such changes and the specific 
                        consent of the worker, obtained voluntarily and 
                        without threat of penalty; and
                            (ii) any significant changes made to the 
                        original contract that do not comply with 
                        clause (i) shall be a violation of this 
                        subtitle and be subject to the provisions of 
                        section 3610 of this Act; and
                    (C) describing the protections afforded the worker 
                by this section and by section 202 of the William 
                Wilberforce Trafficking Victims Protection 
                Reauthorization Act of 2008 (8 U.S.C. 1375b) and any 
                applicable visa program, including--
                            (i) relevant information about the 
                        procedure for filing a complaint provided for 
                        in section 3610; and
                            (ii) the telephone number for the national 
                        human trafficking resource center hotline 
                        number.
            (9) Any education or training to be provided or required, 
        including--
                    (A) the nature, timing, and cost of such training;
                    (B) the person who will pay such costs;
                    (C) whether the training is a condition of 
                employment, continued employment, or future employment; 
                and
                    (D) whether the worker will be paid or remunerated 
                during the training period, including the rate of pay.
    (b) Relationship to Labor and Employment Laws.--Nothing in the 
disclosure required by subsection (a) shall constitute a legal 
conclusion as to the worker's status or rights under the labor and 
employment laws.
    (c) Prohibition on False and Misleading Information.--No foreign 
labor contractor or employer who engages in any foreign labor 
contracting activity shall knowingly provide materially false or 
misleading information to any worker concerning any matter required to 
be disclosed under subsection (a). The disclosure required by this 
section is a document concerning the proper administration of a matter 
within the jurisdiction of a department or agency of the United States 
for the purposes of section 1519 of title 18, United States Code.

SEC. 3603. PROHIBITION ON DISCRIMINATION.

    (a) In General.--It shall be unlawful for an employer or a foreign 
labor contractor to fail or refuse to hire, discharge, intimidate, 
threaten, restrain, coerce, or blacklist any individual or otherwise 
discriminate against an individual with respect to compensation, terms, 
conditions, or privileges of employment, because of such individual's 
race, color, creed, sex, national origin, religion, age, or disability.
    (b) Determinations of Discrimination.--For the purposes of 
determining the existence of unlawful discrimination under subsection 
(a)--
            (1) in the case of a claim of discrimination based on race, 
        color, creed, sex, national origin, or religion, the same legal 
        standards shall apply as are applicable under title VII of the 
        Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);
            (2) in the case of a claim of discrimination based on 
        unlawful discrimination based on age, the same legal standards 
        shall apply as are applicable under the Age Discrimination in 
        Employment Act of 1967 (29 U.S.C. 621 et seq.); and
            (3) in the case of a claim of discrimination based on 
        disability, the same legal standards shall apply as are 
        applicable under title I of the Americans With Disabilities Act 
        of 1990 (42 U.S.C. 12111 et seq.).

SEC. 3604. RECRUITMENT FEES.

    No employer, foreign labor contractor, or agent or employee of a 
foreign labor contractor, shall assess any fee (including visa fees, 
processing fees, transportation fees, legal expenses, placement fees, 
and other costs) to a worker for any foreign labor contracting 
activity.

SEC. 3605. REGISTRATION.

    (a) Requirement To Register.--
            (1) In general.--Subject to paragraph (2), prior to 
        engaging in any foreign labor contracting activity, any person 
        who is a foreign labor contractor or who, for any money or 
        other valuable consideration paid or promised to be paid, 
        performs a foreign labor contracting activity on behalf of a 
        foreign labor contractor, shall obtain a certificate of 
        registration from the Secretary of Labor pursuant to 
        regulations promulgated by the Secretary under subsection (c).
            (2) Exception for certain employers.--An employer, or 
        employee of an employer, who engages in foreign labor 
        contracting activity solely to find employees for that 
        employer's own use, and without the participation of any other 
        foreign labor contractor, shall not be required to register 
        under this section.
    (b) Notification.--
            (1) Annual employer notification.--Each employer shall 
        notify the Secretary, not less frequently than once every year, 
        of the identity of any foreign labor contractor involved in any 
        foreign labor contracting activity for, or on behalf of, the 
        employer, including at a minimum, the name and address of the 
        foreign labor contractor, a description of the services for 
        which the foreign labor contractor is being used, whether the 
        foreign labor contractor is to receive any economic 
        compensation for the services, and, if so, the identity of the 
        person or entity who is paying for the services.
            (2) Annual foreign labor contractor notification.--Each 
        foreign labor contractor shall notify the Secretary, not less 
        frequently than once every year, of the identity of any 
        subcontractee, agent, or foreign labor contractor employee 
        involved in any foreign labor contracting activity for, or on 
        behalf of, the foreign labor contractor.
            (3) Noncompliance notification.--An employer shall notify 
        the Secretary of the identity of a foreign labor contractor 
        whose activities do not comply with this subtitle.
            (4) Agreement.--Not later than 7 days after receiving a 
        request from the Secretary, an employer shall provide the 
        Secretary with the identity of any foreign labor contractor 
        with which the employer has a contract or other agreement.
    (c) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall promulgate regulations to 
establish an efficient electronic process for the timely investigation 
and approval of an application for a certificate of registration of 
foreign labor contractors, including--
            (1) a declaration, subscribed and sworn to by the 
        applicant, stating the applicant's permanent place of 
        residence, the foreign labor contracting activities for which 
        the certificate is requested, and such other relevant 
        information as the Secretary may require;
            (2) a set of fingerprints of the applicant;
            (3) an expeditious means to update registrations and renew 
        certificates;
            (4) providing for the consent of any foreign labor 
        recruiter to the designation by a court of the Secretary as an 
        agent available to accept service of summons in any action 
        against the applicant, if the applicant has left the 
        jurisdiction in which the action is commenced, otherwise has 
        become unavailable to accept service, or is subject to personal 
        jurisdiction in no State;
            (5) providing for the consent of any foreign labor 
        recruiter to jurisdiction in the Department or any Federal or 
        State court in the United States for any action brought by any 
        aggrieved individual or worker;
            (6) providing for cooperation in any investigation by the 
        Secretary or other appropriate authorities;
            (7) providing for consent to the forfeiture of the bond for 
        failure to cooperate with these provisions;
            (8) providing for consent to be liable for violations of 
        this subtitle by any agents or subcontractees of any level in 
        relation to the foreign labor contracting activity of the agent 
        or subcontractee to the same extent as if the foreign labor 
        contractor had committed the violation; and
            (9) providing for consultation with other appropriate 
        Federal agencies to determine whether any reason exists to deny 
        registration to a foreign labor contractor.
    (d) Term of Registration.--Unless suspended or revoked, a 
certificate under this section shall be valid for 2 years.
    (e) Application Fee.--
            (1) Requirement for fee.--In addition to any other fees 
        authorized by law, the Secretary shall impose a fee, to be 
        deposited in the general fund of the Treasury, on a foreign 
        labor contractor that submits an application for a certificate 
        of registration under this section.
            (2) Amount of fee.--The amount of the fee required by 
        paragraph (1) shall be set at a level that the Secretary 
        determines sufficient to cover the full costs of carrying out 
        foreign labor contract registration activities under this 
        subtitle, including worker education and any additional costs 
        associated with the administration of the fees collected.
    (f) Refusal To Issue; Revocation.--In accordance with regulations 
promulgated by the Secretary, the Secretary shall refuse to issue or 
renew, or shall revoke and debar from eligibility to obtain a 
certificate of registration for a period of not greater than 5 years, 
after notice and an opportunity for a hearing, a certificate of 
registration under this section if--
            (1) the applicant for, or holder of, the certification has 
        knowingly made a material misrepresentation in the application 
        for such certificate;
            (2) the applicant for, or holder of, the certification is 
        not the real party in interest in the application or 
        certificate of registration and the real party in interest--
                    (A) is a person who has been refused issuance or 
                renewal of a certificate;
                    (B) has had a certificate revoked; or
                    (C) does not qualify for a certificate under this 
                section;
            (3) the applicant for, or holder of, the certification has 
        been convicted within the preceding 5 years of--
                    (A) any felony under State or Federal law or crime 
                involving robbery, bribery, extortion, embezzlement, 
                grand larceny, burglary, arson, violation of narcotics 
                laws, murder, rape, assault with intent to kill, 
                assault which inflicts grievous bodily injury, 
                prostitution, peonage, or smuggling or harboring 
                individuals who have entered the United States 
                illegally; or
                    (B) any crime relating to gambling, or to the sale, 
                distribution or possession of alcoholic beverages, in 
                connection with or incident to any labor contracting 
                activities; or
            (4) the applicant for, or holder of, the certification has 
        materially failed to comply with this section.
    (g) Re-registration of Violators.--The Secretary shall establish a 
procedure by which a foreign labor contractor that has had its 
registration revoked under subsection (f) may seek to re-register under 
this subsection by demonstrating to the Secretary's satisfaction that 
the foreign labor contractor has not violated this subtitle in the 
previous 5 years and that the foreign labor contractor has taken 
sufficient steps to prevent future violations of this subtitle.

SEC. 3606. BONDING REQUIREMENT.

    (a) In General.--The Secretary shall require a foreign labor 
contractor to post a bond in an amount sufficient to ensure the ability 
of the foreign labor contractor to discharge its responsibilities and 
to ensure protection of workers, including wages.
    (b) Regulations.--The Secretary, by regulation, shall establish the 
conditions under which the bond amount is determined, paid, and 
forfeited.
    (c) Relationship to Other Remedies.--The bond requirements and 
forfeiture of the bond under this section shall be in addition to other 
remedies under 3610 or any other law.

SEC. 3607. MAINTENANCE OF LISTS.

    (a) In General.--The Secretary shall maintain--
            (1) a list of all foreign labor contractors registered 
        under this subsection, including--
                    (A) the countries from which the contractors 
                recruit;
                    (B) the employers for whom the contractors recruit;
                    (C) the visa categories and occupations for which 
                the contractors recruit; and
                    (D) the States where recruited workers are 
                employed; and
            (2) a list of all foreign labor contractors whose 
        certificate of registration the Secretary has revoked.
    (b) Updates; Availability.--The Secretary shall--
            (1) update the lists required by subsection (a) on an 
        ongoing basis, not less frequently than every 6 months; and
            (2) make such lists publicly available, including through 
        continuous publication on Internet websites and in written form 
        at and on the websites of United States embassies in the 
        official language of that country.
    (c) Inter-agency Availability.--The Secretary shall share the 
information described in subsection (a) with the Secretary of State.

SEC. 3608. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

    Section 214 (8 U.S.C. 1184) is amended by adding at the end the 
following:
    ``(s) A visa shall not be issued under the subparagraph (A)(iii), 
(B)(i) (but only for domestic servants described in clause (i) or (ii) 
of section 274a.12(c)(17) of title 8, Code of Federal Regulations (as 
in effect on December 4, 2007)), (G)(v), (H), (J), (L), (Q), (R), or 
(W) of section 101(a)(15) until the consular officer--
            ``(1) has provided to and reviewed with the applicant, in 
        the applicant's language (or a language the applicant 
        understands), a copy of the information and resources pamphlet 
        required by section 202 of the William Wilberforce Trafficking 
        Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
        1375b); and
            ``(2) has reviewed and made a part of the visa file the 
        foreign labor recruiter disclosures required by section 3602 of 
        the Border Security, Economic Opportunity, and Immigration 
        Modernization Act, including whether the foreign labor 
        recruiter is registered pursuant to that section.''.

SEC. 3609. RESPONSIBILITIES OF SECRETARY OF STATE.

    (a) In General.--The Secretary of State shall ensure that each 
United States diplomatic mission has a person who shall be responsible 
for receiving information from any worker who has been subject to 
violations of this subtitle.
    (b) Provision of Information.--The responsible person referred to 
in subsection (a) shall ensure that the information received is 
provided to the Department of Justice, the Department of Labor, or any 
other relevant Federal agency.
    (c) Mechanisms.--The Attorney General and the Secretary shall 
ensure that there is a mechanism for any actions that need to be taken 
in response to information received under subsection (a).
    (d) Assistance From Foreign Government.--The person designated for 
receiving information pursuant to subsection (a) is strongly encouraged 
to coordinate with governments and civil society organizations in the 
countries of origin to ensure the worker receives additional support.
    (e) Maintenance and Availability of Information.--The Secretary of 
State shall ensure that consulates maintain information regarding the 
identities of foreign labor contractors and the employers to whom the 
foreign labor contractors supply workers. The Secretary of State shall 
make such information publicly available in written form and online, 
including on the websites of United States embassies in the official 
language of that country.
    (f) Annual Public Disclose.--The Secretary of State shall make 
publicly available online, on an annual basis, data disclosing the 
gender, country of origin and state, if available, date of birth, wage, 
level of training, and occupation category, disaggregated by job and by 
visa category and subcategory.

SEC. 3610. ENFORCEMENT PROVISIONS.

    (a) Complaints and Investigations.--The Secretary--
            (1) shall establish a process for the receipt, 
        investigation, and disposition of complaints filed by any 
        person, including complaints respecting a foreign labor 
        contractor's compliance with this subtitle; and
            (2) either pursuant to the process required by paragraph 
        (1) or otherwise, may investigate employers or foreign labor 
        contractors, including actions occurring in a foreign country, 
        as necessary to determine compliance with this subtitle.
    (b) Enforcement.--
            (1) In general.--A worker who believes that he or she has 
        suffered a violation of this subtitle may seek relief from an 
        employer by--
                    (A) filing a complaint with the Secretary within 3 
                years after the date on which the violation occurred or 
                date on which the employee became aware of the 
                violation; or
                    (B) if the Secretary has not issued a final 
                decision within 120 days of the filing of the complaint 
                and there is no showing that such delay is due to the 
                bad faith of the claimant, bringing an action at law or 
                equity for de novo review in the appropriate district 
                court of the United States, which shall have 
                jurisdiction over such an action without regard to the 
                amount in controversy.
            (2) Procedure.--
                    (A) In general.--Unless otherwise provided herein, 
                a complaint under paragraph (1)(A) shall be governed 
                under the rules and procedures set forth in paragraphs 
                (1) and (2)(A) of section 42121(b) of title 49, United 
                States Code.
                    (B) Exception.--Notification of a complaint under 
                paragraph (1)(A) shall be made to each person or entity 
                named in the complaint as a defendant and to the 
                employer.
                    (C) Statute of limitations.--An action filed in a 
                district court of the United States under paragraph 
                (1)(B) shall be commenced not later than 180 days after 
                the last day of the 120-day period referred to in that 
                paragraph.
                    (D) Jury trial.--A party to an action brought under 
                paragraph (1)(B) shall be entitled to trial by jury.
    (c) Administrative Enforcement.--
            (1) In general.--If the Secretary finds, after notice and 
        an opportunity for a hearing, any foreign labor contractor or 
        employer failed to comply with any of the requirements of this 
        subtitle, the Secretary may impose the following against such 
        contractor or employer--
                    (A) a fine in an amount not more than $10,000 per 
                violation; and
                    (B) upon the occasion of a third violation or a 
                failure to comply with representations, a fine of not 
                more than $25,000 per violation.
    (d) Authority To Ensure Compliance.--The Secretary is authorized to 
take other such actions, including issuing subpoenas and seeking 
appropriate injunctive relief and recovery of damages, as may be 
necessary to assure compliance with the terms and conditions of this 
subtitle.
    (e) Bonding.--Pursuant to the bonding requirement in section 3606, 
bond liquidation and forfeitures shall be in addition to other remedies 
under this section or any other law.
    (f) Civil Action.--
            (1) In general.--The Secretary or any person aggrieved by a 
        violation of this subtitle may bring a civil action against any 
        foreign labor contractor that does not meet the requirements 
        under subsection (g)(2) in any court of competent 
        jurisdiction--
                    (A) to seek remedial action, including injunctive 
                relief;
                    (B) to recover damages on behalf of any worker 
                harmed by a violation of this subsection; and
                    (C) to ensure compliance with requirements of this 
                section.
            (2) Actions by the secretary of homeland security.--
                    (A) Sums recovered.--Any sums recovered by the 
                Secretary on behalf of a worker under paragraph (1) or 
                through liquidation of the bond held pursuant to 
                section 3606 shall be held in a special deposit account 
                and shall be paid, on order of the Secretary, directly 
                to each worker affected. Any such sums not paid to a 
                worker because of inability to do so within a period of 
                5 years shall be credited as an offsetting collection 
                to the appropriations account of the Secretary for 
                expenses for the administration of this section and 
                shall remain available to the Secretary until expended 
                or may be used for enforcement of the laws within the 
                jurisdiction of the wage and hour division or may be 
                transferred to the Secretary of Health and Human 
                Services for the purpose of providing support to 
                programs that provide assistance to victims of 
                trafficking in persons or other exploited persons. The 
                Secretary shall work with any attorney or organization 
                representing workers to locate workers owed sums under 
                this section.
                    (B) Representation.--Except as provided in section 
                518(a) of title 28, United States Code, the Attorney 
                General may appear for and represent the Secretary in 
                any civil litigation brought under this paragraph. All 
                such litigation shall be subject to the direction and 
                control of the Attorney General.
            (3) Actions by individuals.--
                    (A) Award.--If the court finds in a civil action 
                filed by an individual under this section that the 
                defendant has violated any provision of this subtitle 
                (or any regulation issued pursuant to this subtitle), 
                the court may award--
                            (i) damages, up to and including an amount 
                        equal to the amount of actual damages, and 
                        statutory damages of up to $1,000 per plaintiff 
                        per violation, or other equitable relief, 
                        except that with respect to statutory damages--
                                    (I) multiple infractions of a 
                                single provision of this subtitle (or 
                                of a regulation under this subtitle) 
                                shall constitute only 1 violation for 
                                purposes of section 3602(a) to 
                                determine the amount of statutory 
                                damages due a plaintiff; and
                                    (II) if such complaint is certified 
                                as a class action the court may award--
                                            (aa) damages up to an 
                                        amount equal to the amount of 
                                        actual damages; and
                                            (bb) statutory damages of 
                                        not more than the lesser of up 
                                        to $1,000 per class member per 
                                        violation, or up to $500,000; 
                                        and other equitable relief;
                            (ii) reasonable attorneys' fees and costs; 
                        and
                            (iii) such other and further relief, 
                        including declaratory and injunctive relief, as 
                        necessary to effectuate the purposes of this 
                        subtitle.
                    (B) Criteria.--In determining the amount of 
                statutory damages to be awarded under subparagraph (A), 
                the court is authorized to consider whether an attempt 
                was made to resolve the issues in dispute before the 
                resort to litigation.
                    (C) Bond.--To satisfy the damages, fees, and costs 
                found owing under this clause, the Secretary shall 
                release as much of the bond held pursuant to section 
                3606 as necessary.
                    (D) Appeal.--Any civil action brought under this 
                section shall be subject to appeal as provided in 
                chapter 83 of title 28, United States Code (28 U.S.C. 
                1291 et seq.).
                    (E) Access to legal services corporation.--
                Notwithstanding any other provision of law, the Legal 
                Services Corporation and recipients of its funding may 
                provide legal assistance on behalf of any alien with 
                respect to any provision of this subtitle.
    (g) Agency Liability.--
            (1) In general.--Beginning 180 days after the Secretary has 
        promulgated regulations pursuant to section 3605(c), an 
        employer who retains the services of a foreign labor contractor 
        shall only use those foreign labor contractors who are 
        registered under section 3605.
            (2) Safe harbor.--An employer shall not have any liability 
        under this section if the employer hires workers referred by a 
        foreign labor contractor that has a valid registration with the 
        Department pursuant to section 3604.
            (3) Liability for agents.--Foreign labor contractors shall 
        be subject to the provisions of this section for violations 
        committed by the foreign labor contractor's agents or 
        subcontractees of any level in relation to their foreign labor 
        contracting activity to the same extent as if the foreign labor 
        contractor had committed the violation.
    (h) Retaliation.--
            (1) In general.--No person shall intimidate, threaten, 
        restrain, coerce, discharge, or in any other manner 
        discriminate or retaliate against any worker or their family 
        members (including a former employee or an applicant for 
        employment) because such worker disclosed information to any 
        person that the worker reasonably believes evidences a 
        violation of this section (or any rule or regulation pertaining 
        to this section), including seeking legal assistance of counsel 
        or cooperating with an investigation or other proceeding 
        concerning compliance with this section (or any rule or 
        regulation pertaining to this section).
            (2) Enforcement.--An individual who is subject to any 
        conduct described in paragraph (1) may, in a civil action, 
        recover appropriate relief, including reasonable attorneys' 
        fees and costs, with respect to that violation. Any civil 
        action under this subparagraph shall be stayed during the 
        pendency of any criminal action arising out of the violation.
    (i) Waiver of Rights.--Agreements by employees purporting to waive 
or to modify their rights under this subtitle shall be void as contrary 
to public policy.
    (j) Presence During Pendency of Actions.--
            (1) In general.--If other immigration relief is not 
        available, the Attorney General and the Secretary shall grant 
        advance parole to permit a nonimmigrant to remain legally in 
        the United States for time sufficient to fully and effectively 
        participate in all legal proceedings related to any action 
        taken pursuant to this section.
            (2) Regulations.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary shall promulgate 
        regulations to carry out paragraph (1).

SEC. 3611. DETECTING AND PREVENTING CHILD TRAFFICKING.

    The Secretary shall mandate the live training of all U.S. Customs 
and Border Protection personnel who are likely to come into contact 
with unaccompanied alien children. Such training shall incorporate the 
services of child welfare professionals with expertise in culturally 
competent, trauma-centered, and developmentally appropriate 
interviewing skills to assist U.S. Customs and Border Protection in the 
screening of children attempting to enter the United States.

SEC. 3612. PROTECTING CHILD TRAFFICKING VICTIMS.

    (a) Short Title.--This section may be cited as the ``Child 
Trafficking Victims Protection Act''.
    (b) Defined Term.--In this section, the term ``unaccompanied alien 
children'' has the meaning given such term in section 462 of the 
Homeland Security Act of 2002 (6 U.S.C. 279).
    (c) Care and Transportation.--Notwithstanding any other provision 
of law, the Secretary shall ensure that all unaccompanied alien 
children who will undergo any immigration proceedings before the 
Department or the Executive Office for Immigration Review are duly 
transported and placed in the care and legal and physical custody of 
the Office of Refugee Resettlement not later than 72 hours after their 
apprehension absent exceptional circumstances, including a natural 
disaster or comparable emergency beyond the control of the Secretary or 
the Office of Refugee Resettlement. The Secretary, to the extent 
practicable, shall ensure that female officers are continuously present 
during the transfer and transport of female detainees who are in the 
custody of the Department.
    (d) Qualified Resources.--
            (1) In general.--The Secretary shall provide adequately 
        trained and qualified staff and resources, including the 
        accommodation of child welfare officials, in accordance with 
        subsection (e), at U.S. Customs and Border Protection ports of 
        entry and stations.
            (2) Child welfare professionals.--The Secretary of Health 
        and Human Services, in consultation with the Secretary, shall 
        hire, on a full- or part-time basis, child welfare 
        professionals who will provide assistance, either in person or 
        by other appropriate methods of communication, in not fewer 
        than 7 of the U.S. Customs and Border Protection offices or 
        stations with the largest number of unaccompanied alien child 
        apprehensions in the previous fiscal year.
    (e) Child Welfare Professionals.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of Health and Human Services, shall ensure that 
        qualified child welfare professionals with expertise in 
        culturally competent, trauma-centered, and developmentally 
        appropriate interviewing skills are available at each major 
        port of entry described in subsection (d).
            (2) Duties.--Child welfare professionals described in 
        paragraph (1) shall--
                    (A) develop guidelines for treatment of 
                unaccompanied alien children in the custody of the 
                Department;
                    (B) conduct screening of all unaccompanied alien 
                children in accordance with section 235(a)(4) of the 
                William Wilberforce Trafficking Victims Protection 
                Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4));
                    (C) notify the Department and the Office of Refugee 
                Resettlement of children that potentially meet the 
                notification and transfer requirements set forth in 
                subsections (a) and (b) of section 235 of such Act (8 
                U.S.C. 1232);
                    (D) interview adult relatives accompanying 
                unaccompanied alien children;
                    (E) provide an initial family relationship and 
                trafficking assessment and recommendations regarding 
                unaccompanied alien children's initial placements to 
                the Office of Refugee Resettlement, which shall be 
                conducted in accordance with the time frame set forth 
                in subsections (a)(4) and (b)(3) of section 235 of such 
                Act (8 U.S.C. 1232); and
                    (F) ensure that each unaccompanied alien child in 
                the custody of U.S. Customs and Border Protection--
                            (i) receives emergency medical care when 
                        necessary;
                            (ii) receives emergency medical and mental 
                        health care that complies with the standards 
                        adopted pursuant to section 8(c) of the Prison 
                        Rape Elimination Act of 2003 (42 U.S.C. 
                        15607(c)) whenever necessary, including in 
                        cases in which a child is at risk to harm 
                        himself, herself, or others;
                            (iii) is provided with climate appropriate 
                        clothing, shoes, basic personal hygiene and 
                        sanitary products, a pillow, linens, and 
                        sufficient blankets to rest at a comfortable 
                        temperature;
                            (iv) receives adequate nutrition;
                            (v) enjoys a safe and sanitary living 
                        environment;
                            (vi) has access to daily recreational 
                        programs and activities if held for a period 
                        longer than 24 hours;
                            (vii) has access to legal services and 
                        consular officials; and
                            (viii) is permitted to make supervised 
                        phone calls to family members.
            (3) Final determinations.--The Office of Refugee 
        Resettlement in accordance with applicable policies and 
        procedures for sponsors, shall submit final determinations on 
        family relationships to the Secretary, who shall consider such 
        adult relatives for community-based support alternatives to 
        detention.
            (4) Report.--Not later than 18 months after the date of the 
        enactment of this Act, and annually thereafter, the Secretary 
        shall submit a report to Congress that--
                    (A) describes the screening procedures used by the 
                child welfare professionals to screen unaccompanied 
                alien children;
                    (B) assesses the effectiveness of such screenings; 
                and
                    (C) includes data on all unaccompanied alien 
                children who were screened by child welfare 
                professionals;
    (f) Immediate Notification.--The Secretary shall notify the Office 
of Refugee Resettlement of an unaccompanied alien child in the custody 
of the Department as soon as practicable, but generally not later than 
48 hours after the Department encounters the child, to effectively and 
efficiently coordinate the child's transfer to and placement with the 
Office of Refugee Resettlement.
    (g) Notice of Rights and Right to Access to Counsel.--
            (1) In general.--The Secretary shall ensure that all 
        unaccompanied alien children, upon apprehension, are provided--
                    (A) an interview and screening with a child welfare 
                professional described in subsection (e)(1); and
                    (B) an orientation and oral and written notice of 
                their rights under the Immigration and Nationality Act, 
                including--
                            (i) their right to relief from removal;
                            (ii) their right to confer with counsel (as 
                        guaranteed under section 292 of such Act (8 
                        U.S.C. 1362)), family, or friends while in the 
                        temporary custody of the Department; and
                            (iii) relevant complaint mechanisms to 
                        report any abuse or misconduct they may have 
                        experienced.
            (2) Languages.--The Secretary shall ensure that--
                    (A) the video orientation and written notice of 
                rights described in paragraph (1) is available in 
                English and in the 5 most common native languages 
                spoken by the unaccompanied children held in custody at 
                that location during the preceding fiscal year; and
                    (B) the oral notice of rights is available in 
                English and in the most common native language spoken 
                by the unaccompanied children held in custody at that 
                location during the preceding fiscal year.
    (h) Confidentiality.--The Secretary of Health and Human Services 
shall maintain the privacy and confidentiality of all information 
gathered in the course of providing care, custody, placement, and 
follow-up services to unaccompanied alien children, consistent with the 
best interest of the unaccompanied alien child, by not disclosing such 
information to other government agencies or nonparental third parties 
unless such disclosure is--
            (1) recorded in writing and placed in the child's file;
            (2) in the child's best interest; and
            (3)(A) authorized by the child or by an approved sponsor in 
        accordance with section 235 of the William Wilberforce 
        Trafficking Victims Protection Reauthorization Act of 2008 (8 
        U.S.C. 1232) and the Health Insurance Portability and 
        Accountability Act (Public Law 104-191); or
            (B) provided to a duly recognized law enforcement entity to 
        prevent imminent and serious harm to another individual.
    (i) Other Policies and Procedures.--The Secretary shall adopt 
fundamental child protection policies and procedures--
            (1) for reliable age determinations of children, developed 
        in consultation with medical and child welfare experts, which 
        exclude the use of fallible forensic testing of children's bone 
        and teeth;
            (2) to utilize all legal authorities to defer the child's 
        removal if the child faces a risk of life-threatening harm upon 
        return including due to the child's mental health or medical 
        condition; and
            (3) to ensure, in accordance with the Juvenile Justice and 
        Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.), 
        that unaccompanied alien children, while in detention, are--
                    (A) physically separated from any adult who is not 
                an immediate family member; and
                    (B) separated from--
                            (i) immigration detainees and inmates with 
                        criminal convictions;
                            (ii) pretrial inmates facing criminal 
                        prosecution; and
                            (iii) inmates exhibiting violent behavior.
    (j) Repatriation and Reintegration Program.--
            (1) In general.--The Administrator of the United States 
        Agency for International Development, in conjunction with the 
        Secretary, the Secretary of Health and Human Services, the 
        Attorney General, international organizations, and 
        nongovernmental organizations in the United States with 
        expertise in repatriation and reintegration, shall create a 
        multi-year program to develop and implement best practices and 
        sustainable programs in the United States and within the 
        country of return to ensure the safe and sustainable 
        repatriation and reintegration of unaccompanied alien children 
        into their country of nationality or of last habitual 
        residence, including placement with their families, legal 
        guardians, or other sponsoring agencies.
            (2) Report on repatriation and reintegration of 
        unaccompanied alien children.--Not later than 18 months after 
        the date of the enactment of this Act, and annually thereafter, 
        the Administrator of the Agency for International Development 
        shall submit a substantive report to the Committee on the 
        Judiciary of the Senate and the Committee on the Judiciary of 
        the House of Representatives on efforts to improve repatriation 
        and reintegration programs for unaccompanied alien children.
    (k) Transfer of Funds.--
            (1) Authorization.--The Secretary, in accordance with a 
        written agreement between the Secretary and the Secretary of 
        Health and Human Services, shall transfer such amounts as may 
        be necessary to carry out the duties described in subsection 
        (f)(2) from amounts appropriated for U.S. Customs and Border 
        Protection to the Department of Health and Human Services.
            (2) Report.--Not later than 15 days before any proposed 
        transfer under paragraph (1), the Secretary of Health and Human 
        Services, in consultation with the Secretary, shall submit a 
        detailed expenditure plan that describes the actions proposed 
        to be taken with amounts transferred under such paragraph to--
                    (A) the Committee on Appropriations of the Senate; 
                and
                    (B) the Committee on Appropriations of the House of 
                Representatives.

SEC. 3613. RULE OF CONSTRUCTION.

    Nothing in this subtitle shall be construed to preempt or alter any 
other rights or remedies, including any causes of action, available 
under any other Federal or State law.

SEC. 3614. REGULATIONS.

    The Secretary shall, in consultation with the Secretary of Labor, 
prescribe regulations to implement this subtitle and to develop 
policies and procedures to enforce the provisions of this subtitle.

                    Subtitle G--Interior Enforcement

SEC. 3701. CRIMINAL STREET GANGS.

    (a) Inadmissibility.--Section 212(a)(2) (8 U.S.C. 1182(a)(2)) is 
amended by inserting after subparagraph (I) the following:
                    ``(J) Aliens in criminal street gangs.--
                            ``(i) In general.--Any alien is 
                        inadmissible--
                                    ``(I) who has been convicted of an 
                                offense for which an element was active 
                                participation in a criminal street gang 
                                (as defined in section 521(a) of title 
                                18, United States Code) and the alien--
                                            ``(aa) had knowledge that 
                                        the gang's members engaged in 
                                        or have engaged in a continuing 
                                        series of offenses described in 
                                        section 521(c) of title 18, 
                                        United States Code; and
                                            ``(bb) acted with the 
                                        intention to promote or further 
                                        the felonious activities of the 
                                        criminal street gang or 
                                        maintain or increase his or her 
                                        position in the gang; or
                                    ``(II) subject to clause (ii), who 
                                is 18 years of age or older, who is 
                                physically present outside the United 
                                States, whom the Secretary determines 
                                by clear and convincing evidence, based 
                                upon law enforcement information deemed 
                                credible by the Secretary, has, since 
                                the age of 18, knowingly and willingly 
                                participated in a criminal street gang 
                                with knowledge that such participation 
                                promoted or furthered the illegal 
                                activity of the gang.
                            ``(ii) Waiver.--The Secretary may waive 
                        clause (i)(II) if the alien has renounced all 
                        association with the criminal street gang, is 
                        otherwise admissible, and is not a threat to 
                        the security of the United States.''.
    (b) Grounds for Deportation.--Section 237(a)(2) (8 U.S.C. 
1227(a)(2)) is amended by adding at the end the following:
                    ``(G) Aliens associated with criminal street 
                gangs.--Any alien is removable who has been convicted 
                of an offense for which an element was active 
                participation in a criminal street gang (as defined in 
                section 521(a) of title 18, United States Code), and 
                the alien--
                            ``(i) had knowledge that the gang's members 
                        engaged in or have engaged in a continuing 
                        series of offenses described in section 521(c) 
                        of title 18, United States Code; and
                            ``(ii) acted with the intention to promote 
                        or further the felonious activities the 
                        criminal street gang or increase his or her 
                        position in such gang.''.
    (c) Ground of Ineligibility for Registered Provisional Immigrant 
Status.--
            (1) In general.--An alien who is 18 years of age or older 
        is ineligible for registered provisional immigrant status if 
        the Secretary determines that the alien--
                    (A) has been convicted of an offense for which an 
                element was active participation in a criminal street 
                gang (as defined in section 521(a) of title 18, United 
                States Code, and the alien--
                            (i) had knowledge that the gang's members 
                        engaged in or have engaged in a continuing 
                        series of offenses described in section 521(c) 
                        of title 18, United States Code; and
                            (ii) acted with the intention to promote or 
                        further the felonious activities of the 
                        criminal street gang or maintain or increase 
                        his or her position in such gang; or
                    (B) subject to paragraph (2), any alien who is 18 
                years of age or older whom the Secretary determines by 
                clear and convincing evidence, based upon law 
                enforcement information deemed credible by the 
                Secretary, has, since the age of 18, knowingly and 
                willingly participated in a such gang with knowledge 
                that such participation promoted or furthered the 
                illegal activity of such gang.
            (2) Waiver.--The Secretary may waive the application of 
        paragraph (1)(B) if the alien has renounced all association 
        with the criminal street gang, is otherwise admissible, and is 
        not a threat to the security of the United States.

SEC. 3702. BANNING HABITUAL DRUNK DRIVERS FROM THE UNITED STATES.

    (a) Grounds for Inadmissibility.--Section 212(a)(2) (8 U.S.C. 
1182(a)(2)), as amended by section 3701(a), is further amended--
            (1) by redesignating subparagraph (F) as subparagraph (L); 
        and
            (2) by inserting after subparagraph (E) the following:
                    ``(F) Habitual drunk drivers.--An alien convicted 
                of 3 or more offenses for driving under the influence 
                or driving while intoxicated on separate dates is 
                inadmissible.''.
    (b) Grounds for Deportation.--Section 237(a)(2) (8 U.S.C. 
1227(a)(2)), as amended by section 3701(b), is further amended by 
adding at the end the following:
                    ``(H) Habitual drunk drivers.--An alien convicted 
                of 3 or more offenses for driving under the influence 
                or driving while intoxicated, at least 1 of which 
                occurred after the date of the enactment of the Border 
                Security, Economic Opportunity, and Immigration 
                Modernization Act, is deportable.''.
    (c) In General.--
            (1) Aggravated felony.--Section 101(a)(43)(F) (8 U.S.C. 
        1101(a)(43)(F)) is amended by striking ``for which the term of 
        imprisonment'' and inserting ``, including a third drunk 
        driving conviction, for which the term of imprisonment is''.
            (2) Effective date and application.--
                    (A) Effective date.--The amendment made by 
                paragraph (1) shall take effect on the date of the 
                enactment of this Act.
                    (B) Application.--
                            (i) In general.--Except as provided in 
                        subparagraph (ii), the amendment made by 
                        paragraph (1) shall apply to a conviction for 
                        drunk driving that occurred before, on, or 
                        after such date of enactment.
                            (ii) Two or more prior convictions.--An 
                        alien who received 2 or more convictions for 
                        drunk driving before the date of the enactment 
                        of this Act may not be subject to removal for 
                        the commission of an aggravated felony pursuant 
                        to section 237(a)(2)(A)(iii) of the Immigration 
                        and Nationality Act (8 U.S.C. 
                        1227(a)(2)(A)(iii)) on the basis of such 
                        convictions until the date on which the alien 
                        is convicted of a drunk driving offense after 
                        such date of enactment.

SEC. 3703. SEXUAL ABUSE OF A MINOR.

    Section 101(a)(43)(A) (8 U.S.C. 1101(a)(43)(A)) is amended by 
striking ``murder, rape, or sexual abuse of a minor;'' and inserting 
``murder, rape, or sexual abuse of a minor, whether or not the minority 
of the victim is established by evidence contained in the record of 
conviction or by credible evidence extrinsic to the record of 
conviction;''.

SEC. 3704. ILLEGAL ENTRY.

    (a) In General.--Section 275 (8 U.S.C. 1325) is amended to read as 
follows:

``SEC. 275. ILLEGAL ENTRY.

    ``(a) In General.--
            ``(1) Criminal offenses.--An alien shall be subject to the 
        penalties set forth in paragraph (2) if the alien--
                    ``(A) enters or crosses the border into the United 
                States at any time or place other than as designated by 
                the Secretary of Homeland Security;
                    ``(B) eludes examination or inspection by an 
                immigration officer, or a customs or agriculture 
                inspection at a port of entry; or
                    ``(C) enters or crosses the border to the United 
                States by means of a knowingly false or misleading 
                representation or the concealment of a material fact.
            ``(2) Criminal penalties.--Any alien who violates any 
        provision under paragraph (1)--
                    ``(A) shall, for the first violation, be fined 
                under title 18, United States Code, imprisoned not more 
                than 12 months, or both;
                    ``(B) shall, for a second or subsequent violation, 
                or following an order of voluntary departure, be fined 
                under such title, imprisoned not more than 3 years, or 
                both;
                    ``(C) if the violation occurred after the alien had 
                been convicted of 3 or more misdemeanors with the 
                convictions occurring on different dates or of a felony 
                for which the alien served a term of imprisonment of 15 
                days or more, shall be fined under such title, 
                imprisoned not more than 10 years, or both; and
                    ``(D) if the violation occurred after the alien had 
                been convicted of a felony for which the alien was 
                sentenced to a term of imprisonment of not less than 30 
                months, shall be fined under such title, imprisoned not 
                more than 15 years, or both.
            ``(3) Prior convictions.--The prior convictions described 
        in subparagraphs (C) and (D) of paragraph (2) are elements of 
        the offenses described in that paragraph and the penalties in 
        such subparagraphs shall apply only in cases in which the 
        conviction or convictions that form the basis for the 
        additional penalty are--
                    ``(A) alleged in the indictment or information; and
                    ``(B) proven beyond a reasonable doubt at trial or 
                admitted by the defendant under oath as part of a plea 
                agreement.
    ``(b) Improper Time or Place; Civil Penalties.--Any alien older 
than 18 years of age who is apprehended while knowingly entering, 
attempting to enter, or crossing or attempting to cross the border to 
the United States at a time or place other than as designated by 
immigration officers shall be subject to a civil penalty, in addition 
to any criminal or other civil penalties that may be imposed under any 
other provision of law, in an amount equal to--
            ``(1) not less than $250 or more than $5,000 for each such 
        entry, crossing, attempted entry, or attempted crossing; or
            ``(2) twice the amount specified in paragraph (1) if the 
        alien had previously been subject to a civil penalty under this 
        subsection.
    ``(c) Fraudulent Marriage.--An individual who knowingly enters into 
a marriage for the purpose of evading any provision of the immigration 
laws shall be imprisoned for not more than 5 years, fined not more than 
$250,000, or both.
    ``(d) Commercial Enterprises.--Any individual who knowingly 
establishes a commercial enterprise for the purpose of evading any 
provision of the immigration laws shall be imprisoned for not more than 
5 years, fined in accordance with title 18, United States Code, or 
both.''.
    (b) Clerical Amendment.--The table of contents is amended by 
striking the item relating to section 275 and inserting the following:

``Sec. 275. Illegal entry.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 1 year after the date of the enactment of this Act.

SEC. 3705. REENTRY OF REMOVED ALIEN.

    Section 276 (8 U.S.C. 1326) is amended to read as follows:

``SEC. 276. REENTRY OF REMOVED ALIEN.

    ``(a) Reentry After Removal.--Any alien who has been denied 
admission, excluded, deported, or removed, or who has departed the 
United States while an order of exclusion, deportation, or removal is 
outstanding, and subsequently enters, attempts to enter, crosses the 
border to, attempts to cross the border to, or is at any time found in 
the United States, shall be fined under title 18, United States Code, 
and imprisoned not more than 2 years.
    ``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty 
provided in subsection (a), if an alien described in that subsection--
            ``(1) was convicted for 3 or more misdemeanors, with the 
        convictions occurring on different dates, before such removal 
        or departure, the alien shall be fined under title 18, United 
        States Code, and imprisoned not more than 10 years, or both;
            ``(2) was convicted for a felony before such removal or 
        departure for which the alien was sentenced to a term of 
        imprisonment of not less than 30 months, the alien shall be 
        fined under such title, and imprisoned not more than 15 years, 
        or both;
            ``(3) was convicted for a felony before such removal or 
        departure for which the alien was sentenced to a term of 
        imprisonment of not less than 60 months, the alien shall be 
        fined under such title, and imprisoned not more than 20 years, 
        or both;
            ``(4) was convicted for 3 felonies, with the convictions 
        occurring on different dates before such removal or departure, 
        the alien shall be fined under such title, and imprisoned not 
        more than 20 years, or both; or
            ``(5) was convicted, before such removal or departure, for 
        murder, rape, kidnapping, or a felony offense described in 
        chapter 77 (relating to peonage and slavery) or 113B (relating 
        to terrorism) of such title, the alien shall be fined under 
        such title, and imprisoned not more than 20 years, or both.
    ``(c) Reentry After Repeated Removal.--Any alien who has been 
denied admission, excluded, deported, or removed 3 or more times and 
thereafter enters, attempts to enter, crosses the border to, attempts 
to cross the border to, or is at any time found in the United States, 
shall be fined under title 18, United States Code, and imprisoned not 
more than 10 years, or both.
    ``(d) Proof of Prior Convictions.--The prior convictions described 
in subsection (b) are elements of the offenses described in that 
subsection, and the penalties in such subsection shall apply only in 
cases in which the conviction or convictions that form the basis for 
the additional penalty are--
            ``(1) alleged in the indictment or information; and
            ``(2) proven beyond a reasonable doubt at trial or admitted 
        by the defendant under oath as part of a plea agreement.
    ``(e) Affirmative Defenses.--It shall be an affirmative defense to 
a violation of this section that--
            ``(1) prior to the alleged violation, the alien had sought 
        and received the express consent of the Secretary of Homeland 
        Security to reapply for admission into the United States; or
            ``(2) at the time of the prior exclusion, deportation, 
        removal, or denial of admission alleged in the violation, the 
        alien had not yet reached 18 years of age and had not been 
        convicted of a crime or adjudicated a delinquent minor by a 
        court of the United States, or a court of a state or territory, 
        for conduct that would constitute a felony if committed by an 
        adult.
    ``(f) Limitation on Collateral Attack on Underlying Deportation 
Order.--In a criminal proceeding under this section, an alien may not 
challenge the validity of the deportation order described in subsection 
(a) or subsection (c) unless the alien demonstrates that--
            ``(1) the alien exhausted any administrative remedies that 
        may have been available to seek relief against the order;
            ``(2) the deportation proceedings at which the order was 
        issued improperly deprived the alien of the opportunity for 
        judicial review; and
            ``(3) the entry of the order was fundamentally unfair.
    ``(g) Reentry of Alien Removed Prior to Completion of Term of 
Imprisonment.--Any alien removed pursuant to section 241(a)(4) who 
enters, attempts to enter, crosses the border to, attempts to cross the 
border to, or is at any time found in, the United States shall be 
incarcerated for the remainder of the sentence of imprisonment which 
was pending at the time of deportation without any reduction for parole 
or supervised release unless the alien affirmatively demonstrates that 
the Secretary of Homeland Security has expressly consented to the 
alien's reentry or the alien is prima facie eligible for protection 
from removal. Such alien shall be subject to such other penalties 
relating to the reentry of removed aliens as may be available under 
this section or any other provision of law.
    ``(h) Limitation.--It is not aiding and abetting a violation of 
this section for an individual to provide an alien with emergency 
humanitarian assistance, including emergency medical care and food, or 
to transport the alien to a location where such assistance can be 
rendered without compensation or the expectation of compensation.
    ``(i) Definitions.--In this section:
            ``(1) Felony.--The term `felony' means any criminal offense 
        punishable by a term of imprisonment of more than 1 year under 
        the laws of the United States, any State, or a foreign 
        government.
            ``(2) Misdemeanor.--The term `misdemeanor' means any 
        criminal offense punishable by a term of imprisonment of not 
        more than 1 year under the applicable laws of the United 
        States, any State, or a foreign government.
            ``(3) Removal.--The term `removal' includes any denial of 
        admission, exclusion, deportation, or removal, or any agreement 
        by which an alien stipulates or agrees to exclusion, 
        deportation, or removal.
            ``(4) State.--The term `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.''.

SEC. 3706. PENALTIES RELATING TO VESSELS AND AIRCRAFT.

    Section 243(c) (8 U.S.C. 1253(c)) is amended--
            (1) by striking ``Attorney General'' each place such term 
        appears and inserting ``Secretary of Homeland Security'';
            (2) by striking ``Commissioner'' each place such term 
        appears and inserting ``Secretary of Homeland Security''; and
            (3) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``$2,000'' and 
                inserting ``$5,000'';
                    (B) in subparagraph (B), by striking ``$5,000'' and 
                inserting ``$10,000'';
                    (C) by amending subparagraph (C) to read as 
                follows:
                    ``(C) Compromise.--The Secretary of Homeland 
                Security, in the Secretary's unreviewable discretion 
                and upon the receipt of a written request, may mitigate 
                the monetary penalties required under this subsection 
                for each alien stowaway to an amount equal to not less 
                than $2,000, upon such terms that the Secretary 
                determines to be appropriate.''; and
                    (D) by inserting at the end the following:
                    ``(D) Exception.--A person, acting without 
                compensation or the expectation of compensation, is not 
                subject to penalties under this paragraph if the person 
                is--
                            ``(i) providing, or attempting to provide, 
                        an alien with humanitarian assistance, 
                        including emergency medical care or food or 
                        water; or
                            ``(ii) transporting the alien to a location 
                        where such humanitarian assistance can be 
                        rendered without compensation or the 
                        expectation of compensation.''.

SEC. 3707. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.

    (a) Trafficking in Passports.--Section 1541 of title 18, United 
States Code, is amended to read as follows:
``Sec. 1541. Trafficking in passports
    ``(a) Multiple Passports.--Subject to subsection (b), any person 
who, during any period of 3 years or less, knowingly--
            ``(1) and without lawful authority produces, issues, or 
        transfers 3 or more passports;
            ``(2) forges, counterfeits, alters, or falsely makes 3 or 
        more passports;
            ``(3) secures, possesses, uses, receives, buys, sells, or 
        distributes 3 or more passports, knowing the passports to be 
        forged, counterfeited, altered, falsely made, stolen, procured 
        by fraud, or produced or issued without lawful authority; or
            ``(4) completes, mails, prepares, presents, signs, or 
        submits 3 or more applications for a United States passport, 
        knowing the applications to contain any materially false 
        statement or representation,
shall be fined under this title, imprisoned not more than 20 years, or 
both.
    ``(b) Use in a Terrorism Offense.--Any person who commits an 
offense described in subsection (a) to facilitate an act of 
international terrorism (as defined in section 2331) shall be fined 
under this title, imprisoned not more than 25 years, or both.
    ``(c) Passport Materials.--Any person who knowingly and without 
lawful authority produces, buys, sells, possesses, or uses any official 
material (or counterfeit of any official material) used to make 10 or 
more passports, including any distinctive paper, seal, hologram, image, 
text, symbol, stamp, engraving, or plate, shall be fined under this 
title, imprisoned not more than 20 years, or both.''.
    (b) False Statement in an Application for a Passports.--Section 
1542 of title 18, United States Code, is amended to read as follows:
``Sec. 1542. False statement in an application for a passport
    ``(a) In General.--Any person who knowingly makes any material 
false statement or representation in an application for a United States 
passport, or mails, prepares, presents, or signs an application for a 
United States passport knowing the application to contain any material 
false statement or representation, shall be fined under this title, 
imprisoned not more than 25 years (if the offense was committed to 
facilitate an act of international terrorism (as defined in section 
2331 of this title)), 20 years (if the offense was committed to 
facilitate a drug trafficking crime (as defined in section 929(a) of 
this title)), 15 years (in the case of any other offense), or both.
    ``(b) Venue.--
            ``(1) In general.--An offense under subsection (a) may be 
        prosecuted in any district--
                    ``(A) in which the false statement or 
                representation was made or the application for a United 
                States passport was prepared or signed; or
                    ``(B) in which or to which the application was 
                mailed or presented.
            ``(2) Offenses outside the united states.--An offense under 
        subsection (a) involving an application prepared and 
        adjudicated outside the United States may be prosecuted in the 
        district in which the resultant passport was or would have been 
        produced.
    ``(c) Savings Clause.--Nothing in this section may be construed to 
limit the venue otherwise available under sections 3237 and 3238 of 
this title.''.
    (c) Misuse of a Passport.--Section 1544 of title 18, United States 
Code, is amended to read as follows:
``Sec. 1544. Misuse of a passport
    ``Any person who knowingly--
            ``(1) misuses or attempts to misuse for their own purposes 
        any passport issued or designed for the use of another;
            ``(2) uses or attempts to use any passport in violation of 
        the laws, regulations, or rules governing the issuance and use 
        of the passport;
            ``(3) secures, possesses, uses, receives, buys, sells, or 
        distributes or attempts to secure, possess, use, receive, buy, 
        sell, or distribute any passport knowing the passport to be 
        forged, counterfeited, altered, falsely made, procured by 
        fraud, or produced or issued without lawful authority; or
            ``(4) substantially violates the terms and conditions of 
        any safe conduct duly obtained and issued under the authority 
        of the United States,
shall be fined under this title, imprisoned not more than 25 years (if 
the offense was committed to facilitate an act of international 
terrorism (as defined in section 2331 of this title)), 20 years (if the 
offense was committed to facilitate a drug trafficking crime (as 
defined in section 929(a) of this title)), 15 years (in the case of any 
other offense), or both.''.
    (d) Schemes To Provide Fraudulent Immigration Services.--Section 
1545 of title 18, United States Code, is amended to read as follows:
``Sec. 1545. Schemes to provide fraudulent immigration services
    ``(a) In General.--Any person who knowingly executes a scheme or 
artifice, in connection with any matter that is authorized by or arises 
under any Federal immigration law or any matter the offender claims or 
represents is authorized by or arises under any Federal immigration 
law, to--
            ``(1) defraud any person; or
            ``(2) obtain or receive money or anything else of value 
        from any person by means of false or fraudulent pretenses, 
        representations, or promises,
shall be fined under this title, imprisoned not more than 10 years, or 
both.
    ``(b) Misrepresentation.--Any person who knowingly and falsely 
represents that such person is an attorney or an accredited 
representative (as that term is defined in section 1292.1 of title 8, 
Code of Federal Regulations (or any successor regulation)) in any 
matter arising under any Federal immigration law shall be fined under 
this title, imprisoned not more than 15 years, or both.''.
    (e) Immigration and Visa Fraud.--Section 1546 of title 18, United 
States Code, is amended--
            (1) by amending the section heading to read as follows:
``Sec. 1546. Immigration and visa fraud'';
            (2) by redesignating subsection (b) as subsection (d); and
            (3) by inserting after subsection (a) the following new 
        subsections:
    ``(b) Trafficking.--Any person who, during any period of 3 years or 
less, knowingly--
            ``(1) and without lawful authority produces, issues, or 
        transfers 3 or more immigration documents;
            ``(2) forges, counterfeits, alters, or falsely makes 3 or 
        more immigration documents;
            ``(3) secures, possesses, uses, buys, sells, or distributes 
        3 or more immigration documents, knowing the immigration 
        documents to be forged, counterfeited, altered, stolen, falsely 
        made, procured by fraud, or produced or issued without lawful 
        authority; or
            ``(4) completes, mails, prepares, presents, signs, or 
        submits 3 or more immigration documents knowing the documents 
        to contain any materially false statement or representation,
shall be fined under this title, imprisoned not more than 20 years, or 
both.
    ``(c) Immigration Document Materials.--Any person who knowingly and 
without lawful authority produces, buys, sells, possesses, or uses any 
official material (or counterfeit of any official material) used to 
make 10 or more immigration documents, including any distinctive paper, 
seal, hologram, image, text, symbol, stamp, engraving, or plate, shall 
be fined under this title, imprisoned not more than 20 years, or 
both.''.
    (f) Alternative Imprisonment Maximum for Certain Offenses.--Section 
1547 of title 18, United States Code, is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``(other than an offense under section 1545)'';
            (2) in paragraph (1), by striking ``15'' and inserting 
        ``20''; and
            (3) in paragraph (2), by striking ``20'' and inserting 
        ``25''.
    (g) Authorized Law Enforcement Activities.--Chapter 75 of title 18, 
United States Code, is amended by adding after section 1547 the 
following:
``Sec. 1548. Authorized law enforcement activities
    ``Nothing in this chapter may be construed to prohibit--
            ``(1) any lawfully authorized investigative, protective, or 
        intelligence activity of a law enforcement agency of the United 
        States, a State, or a political subdivision of a State, or an 
        intelligence agency of the United States; or
            ``(2) any activity authorized under title V of the 
        Organized Crime Control Act of 1970 (Public Law 91-452; 84 
        Stat. 933).''.
    (h) Table of Sections Amendment.--The table of sections for chapter 
75 of title 18, United States Code, is amended to read as follows:

``Sec.
``1541. Trafficking in passports.
``1542. False statement in an application for a passport.
``1543. Forgery or false use of a passport.
``1544. Misuse of a passport.
``1545. Schemes to provide fraudulent immigration services.
``1546. Immigration and visa fraud.
``1547. Alternative imprisonment maximum for certain offenses.
``1548. Authorized law enforcement activities.''.

SEC. 3708. COMBATING SCHEMES TO DEFRAUD ALIENS.

    (a) Regulations, Forms, and Procedures.--The Secretary and the 
Attorney General, for matters within their respective jurisdictions 
arising under the immigration laws, shall promulgate appropriate 
regulations, forms, and procedures defining the circumstances in 
which--
            (1) persons submitting applications, petitions, motions, or 
        other written materials relating to immigration benefits or 
        relief from removal under the immigration laws will be required 
        to identify who (other than immediate family members) assisted 
        them in preparing or translating the immigration submissions; 
        and
            (2) any person or persons who received compensation (other 
        than a nominal fee for copying, mailing, or similar services) 
        in connection with the preparation, completion, or submission 
        of such materials will be required to sign the form as a 
        preparer and provide identifying information.
    (b) Civil Injunctions Against Immigration Service Provider.--The 
Attorney General may commence a civil action in the name of the United 
States to enjoin any immigration service provider from further engaging 
in any fraudulent conduct that substantially interferes with the proper 
administration of the immigration laws or who willfully misrepresents 
such provider's legal authority to provide representation before the 
Department of Justice or the Department.
    (c) Definitions.--In this section:
            (1) Immigration laws.--The term ``immigration laws'' has 
        the meaning given that term in section 101(a)(17) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
            (2) Immigration service provider.--The term ``immigration 
        service provider'' means any individual or entity (other than 
        an attorney or individual otherwise authorized to provide 
        representation in immigration proceedings as provided in 
        Federal regulation) who, for a fee or other compensation, 
        provides any assistance or representation to aliens in relation 
        to any filing or proceeding relating to the alien which arises, 
        or which the provider claims to arise, under the immigration 
        laws, executive order, or presidential proclamation.

SEC. 3709. INADMISSIBILITY AND REMOVAL FOR PASSPORT AND IMMIGRATION 
              FRAUD OFFENSES.

    (a) Inadmissibility.--Section 212(a)(2)(A)(i) (8 U.S.C. 
1182(a)(2)(A)(i)) is amended--
            (1) in subclause (I), by striking ``, or'' at the end and 
        inserting a semicolon;
            (2) in subclause (II), by striking the comma at the end and 
        inserting ``; or''; and
            (3) by inserting after subclause (II) the following:
                                    ``(III) a violation of section 
                                1541, 1545, and subsection (b) of 
                                section 1546 of title 18, United States 
                                Code,''.
    (b) Removal.--Section 237(a)(3)(B)(iii) (8 U.S.C. 
1227(a)(3)(B)(iii)) is amended to read as follows:
                            ``(iii) of a violation of section 1541, 
                        1545, and subsection (b) of section 1546 of 
                        title 18, United States Code,''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply to proceedings pending on or after the date of the 
enactment of this Act, with respect to conduct occurring on or after 
that date.

SEC. 3710. DIRECTIVES RELATED TO PASSPORT AND DOCUMENT FRAUD.

    (a) Directive to the United States Sentencing Commission.--
            (1) In general.--Pursuant to the authority under section 
        994 of title 28, United States Code, the United States 
        Sentencing Commission shall promulgate or amend the sentencing 
        guidelines, policy statements, and official commentaries, if 
        appropriate, related to passport fraud offenses, including the 
        offenses described in chapter 75 of title 18, United States 
        Code, as amended by section 3707, to reflect the serious nature 
        of such offenses.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the United States Sentencing Commission 
        shall submit a report on the implementation of this subsection 
        to--
                    (A) the Committee on the Judiciary of the Senate; 
                and
                    (B) the Committee on the Judiciary of the House of 
                Representatives.
    (b) Protection for Legitimate Refugees and Asylum Seekers.--
            (1) In general.--
                    (A) Requirement for guidelines.--The Attorney 
                General, in consultation with the Secretary, shall 
                develop binding prosecution guidelines for Federal 
                prosecutors to ensure that each prosecution of an alien 
                seeking entry into the United States by fraud is 
                consistent with the United States treaty obligations 
                under Article 31(1) of the Convention Relating to the 
                Status of Refugees, done at Geneva July 28, 1951 (as 
                made applicable by the Protocol Relating to the Status 
                of Refugees, done at New York January 31, 1967 (19 UST 
                6223)).
                    (B) No private right of action.--The guidelines 
                developed pursuant to subparagraph (A), and any 
                internal office procedures related to such guidelines--
                            (i) are intended solely for the guidance of 
                        attorneys of the United States; and
                            (ii) are not intended to, do not, and may 
                        not be relied upon to, create any right or 
                        benefit, substantive or procedural, enforceable 
                        at law by any party in any administrative, 
                        civil, or criminal matter.
            (2) Protection of vulnerable persons.--A person described 
        in paragraph (3) may not be prosecuted under chapter 75 of 
        title 18, United States Code, or under section 275 or 276 of 
        the Immigration and Nationality Act (8 U.S.C. 1325 and 1326), 
        in connection with the person's entry or attempted entry into 
        the United States until after the date on which the person's 
        application for such protection, classification, or status has 
        been adjudicated and denied in accordance with the Immigration 
        and Nationality Act (8 U.S.C. 1101 et seq.).
            (3) Persons seeking protection, classification, or 
        status.--A person described in this paragraph is a person who--
                    (A) is seeking protection, classification, or 
                status; and
                    (B)(i) has filed an application for asylum under 
                section 208 of the Immigration and Nationality Act (8 
                U.S.C. 1158), withholding of removal under section 
                241(b)(3) of such Act (8 U.S.C. 1231(b)(3)), or relief 
                under the Convention against Torture and Other Cruel, 
                Inhuman or Degrading Treatment or Punishment, done at 
                New York, December 10, 1994, pursuant to title 8, Code 
                of Federal Regulations;
                    (ii) indicates immediately after apprehension, that 
                he or she intends to apply for such asylum, withholding 
                of removal, or relief and promptly files the 
                appropriate application;
                    (iii) has been referred for a credible fear 
                interview, a reasonable fear interview, or an asylum-
                only hearing under section 235 of the Immigration and 
                Nationality Act (8 U.S.C. 1225) or part 208 of title 8, 
                Code of Federal Regulations; or
                    (iv) has filed an application for classification or 
                status under--
                            (I) subparagraph (T) or (U) of paragraph 
                        (15), paragraph (27)(J), or paragraph (51) of 
                        section 101(a) of the Immigration and 
                        Nationality Act (8 U.S.C. 1101(a)); or
                            (II) section 216(c)(4)(C) or 240A(b)(2) of 
                        such Act (8 U.S.C. 1186a(c)(4)(C) and 
                        1229b(b)(2)).

SEC. 3711. INADMISSIBLE ALIENS.

    (a) Deterring Aliens Ordered Removed From Remaining in the United 
States Unlawfully.--Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is 
amended--
            (1) in clause (i), by striking ``seeks admission within 5 
        years of the date of such removal (or within 20 years'' and 
        inserting ``seeks admission not later than 5 years after the 
        date of the alien's removal (or not later than 20 years after 
        the alien's removal''; and
            (2) in clause (ii), by striking ``seeks admission within 10 
        years of the date of such alien's departure or removal (or 
        within 20 years of'' and inserting ``seeks admission not later 
        than 10 years after the date of the alien's departure or 
        removal (or not later than 20 years after''.
    (b) Biometric Screening.--Section 212 (8 U.S.C. 1182) is amended--
            (1) in subsection (a)(7), by adding at the end the 
        following:
                    ``(C) Withholding information.--Except as provided 
                in subsection (d)(2), any alien who willfully, through 
                his or her own fault, refuses to comply with a lawful 
                request for biometric information is inadmissible.''; 
                and
            (2) in subsection (d), by inserting after paragraph (1) the 
        following:
            ``(2) The Secretary may waive the application of subsection 
        (a)(7)(C) for an individual alien or a class of aliens.''.
    (c) Precluding Admissibility of Aliens Convicted of Serious 
Criminal Offenses and Domestic Violence, Stalking, Child Abuse, and 
Violation of Protection Orders.--
            (1) Inadmissibility on criminal and related grounds; 
        waivers.--Section 212 (8 U.S.C. 1182), as amended by this Act, 
        is further amended--
                    (A) in subsection (a)(2), as amended by sections 
                3401 and 3402, is further amended by inserting after 
                subparagraph (J) the following:
                    ``(K) Crimes of domestic violence, stalking, or 
                violation of protective orders; crimes against 
                children.--
                            ``(i) Domestic violence, stalking, and 
                        child abuse.--
                                    ``(I) In general.--Any alien who 
                                has been convicted of a crime of 
                                domestic violence, a crime of stalking, 
                                or a crime of child abuse, child 
                                neglect, or child abandonment, provided 
                                the alien served at least 1 year 
                                imprisonment for the crime, or provided 
                                the alien was convicted of offenses 
                                constituting more than 1 such crime, 
                                not arising out of a single scheme of 
                                criminal misconduct, is inadmissible.
                                    ``(II) Crime of domestic violence 
                                defined.--In this clause, the term 
                                `crime of domestic violence' means any 
                                crime of violence (as defined in 
                                section 16 of title 18, United States 
                                Code) against a person committed by a 
                                current or former spouse of the person, 
                                by an individual with whom the person 
                                shares a child in common, by an 
                                individual who is cohabiting with or 
                                has cohabited with the person as a 
                                spouse, by an individual similarly 
                                situated to a spouse of the person 
                                under the domestic or family violence 
                                laws of the jurisdiction where the 
                                offense occurs, or by any other 
                                individual against a person who is 
                                protected from that individual's acts 
                                under the domestic or family violence 
                                laws of the United States or any State, 
                                Indian tribal government, or unit of 
                                local or foreign government.
                            ``(ii) Violators of protection orders.--
                                    ``(I) In general.--Any alien who at 
                                any time is enjoined under a protection 
                                order issued by a court and whom the 
                                court determines has engaged in conduct 
                                that constitutes criminal contempt of 
                                the portion of a protection order that 
                                involves protection against credible 
                                threats of violence, repeated 
                                harassment, or bodily injury to the 
                                person or persons for whom the 
                                protection order was issued, is 
                                inadmissible.
                                    ``(II) Protection order defined.--
                                In this clause, the term `protection 
                                order' means any injunction issued for 
                                the purpose of preventing violent or 
                                threatening acts of domestic violence, 
                                including temporary or final orders 
                                issued by civil or criminal courts 
                                (other than support or child custody 
                                orders or provisions) whether obtained 
                                by filing an independent action or as 
                                an independent order in another 
                                proceeding.
                            ``(iii) Applicability.--This subparagraph 
                        shall not apply to an alien who has been 
                        battered or subjected to extreme cruelty and 
                        who is not and was not the primary perpetrator 
                        of violence in the relationship, upon a 
                        determination by the Attorney General or the 
                        Secretary of Homeland Security that--
                                    ``(I) the alien was acting in self-
                                defense;
                                    ``(II) the alien was found to have 
                                violated a protection order intended to 
                                protect the alien; or
                                    ``(III) the alien committed, was 
                                arrested for, was convicted of, or pled 
                                guilty to committing a crime that did 
                                not result in serious bodily injury.''; 
                                and
                    (B) in subsection (h)--
                            (i) by striking ``The Attorney General may, 
                        in his discretion, waive the application of 
                        subparagraphs (A)(i)(I), (B), (D), and (E) of 
                        subsection (a)(2)'' and inserting ``The 
                        Attorney General or the Secretary of Homeland 
                        Security may waive the application of 
                        subparagraphs (A)(i)(I), (B), (D), and (E) of 
                        subsection (a)(2)''; and
                            (ii) by inserting ``or the Secretary of 
                        Homeland Security'' after ``the Attorney 
                        General'' each place that term appears.
            (2) Effective date.--The amendments made by this subsection 
        shall apply to any acts that occurred on or after the date of 
        the enactment of this Act.

SEC. 3712. ORGANIZED AND ABUSIVE HUMAN SMUGGLING ACTIVITIES.

    (a) Enhanced Penalties.--
            (1) In general.--Title II (8 U.S.C. 1151 et seq.) is 
        amended by adding at the end the following:

``SEC. 295. ORGANIZED HUMAN SMUGGLING.

    ``(a) Prohibited Activities.--Whoever, while acting for profit or 
other financial gain, knowingly directs or participates in an effort or 
scheme to assist or cause 5 or more persons (other than a parent, 
spouse, or child of the offender)--
            ``(1) to enter, attempt to enter, or prepare to enter the 
        United States--
                    ``(A) by fraud, falsehood, or other corrupt means;
                    ``(B) at any place other than a port or place of 
                entry designated by the Secretary; or
                    ``(C) in a manner not prescribed by the immigration 
                laws and regulations of the United States; or
            ``(2) to travel by air, land, or sea toward the United 
        States (whether directly or indirectly)--
                    ``(A) knowing that the persons seek to enter or 
                attempt to enter the United States without lawful 
                authority; and
                    ``(B) with the intent to aid or further such entry 
                or attempted entry; or
            ``(3) to be transported or moved outside of the United 
        States--
                    ``(A) knowing that such persons are aliens in 
                unlawful transit from 1 country to another or on the 
                high seas; and
                    ``(B) under circumstances in which the persons are 
                in fact seeking to enter the United States without 
                official permission or legal authority;
        shall be punished as provided in subsection (c) or (d).
    ``(b) Conspiracy and Attempt.--Any person who attempts or conspires 
to violate subsection (a) of this section shall be punished in the same 
manner as a person who completes a violation of such subsection.
    ``(c) Base Penalty.--Except as provided in subsection (d), any 
person who violates subsection (a) or (b) shall be fined under title 
18, imprisoned for not more than 20 years, or both.
    ``(d) Enhanced Penalties.--Any person who violates subsection (a) 
or (b) shall--
            ``(1) in the case of a violation during and in relation to 
        which a serious bodily injury (as defined in section 1365 of 
        title 18) occurs to any person, be fined under title 18, 
        imprisoned for not more than 30 years, or both;
            ``(2) in the case of a violation during and in relation to 
        which the life of any person is placed in jeopardy, be fined 
        under title 18, imprisoned for not more than 30 years, or both;
            ``(3) in the case of a violation involving 10 or more 
        persons, be fined under title 18, imprisoned for not more than 
        30 years, or both;
            ``(4) in the case of a violation involving the bribery or 
        corruption of a U.S. or foreign government official, be fined 
        under title 18, imprisoned for not more than 30 years, or both;
            ``(5) in the case of a violation involving robbery or 
        extortion (as those terms are defined in paragraph (1) or (2), 
        respectively, of section 1951(b)) be fined under title 18, 
        imprisoned for not more than 30 years, or both;
            ``(6) in the case of a violation during and in relation to 
        which any person is subjected to an involuntary sexual act (as 
        defined in section 2246(2) of title 18), be fined under title 
        18, imprisoned for not more than 30 years, or both; or
            ``(7) in the case of a violation resulting in the death of 
        any person, be fined under title 18, imprisoned for any term of 
        years or for life, or both.
    ``(e) Lawful Authority Defined.--
            ``(1) In general.--In this section, the term `lawful 
        authority'--
                    ``(A) means permission, authorization, or license 
                that is expressly provided for in the immigration laws 
                of the United States or accompanying regulations; and
                    ``(B) does not include any such authority secured 
                by fraud or otherwise obtained in violation of law, nor 
                does it include authority sought, but not approved.
            ``(2) Application to travel or entry.--No alien shall be 
        deemed to have lawful authority to travel to or enter the 
        United States if such travel or entry was, is, or would be in 
        violation of law.
    ``(f) Effort or Scheme.--For purposes of this section, `effort or 
scheme to assist or cause 5 or more persons' does not require that the 
5 or more persons enter, attempt to enter, prepare to enter, or travel 
at the same time so long as the acts are completed within 1 year.

``SEC. 296. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS 
              CONTROLS.

    ``(a) Illicit Spotting.--Whoever knowingly transmits to another 
person the location, movement, or activities of any Federal, State, or 
tribal law enforcement agency with the intent to further a Federal 
crime relating to United States immigration, customs, controlled 
substances, agriculture, monetary instruments, or other border controls 
shall be fined under title 18, imprisoned not more than 10 years, or 
both.
    ``(b) Destruction of United States Border Controls.--Whoever 
knowingly and without lawful authorization destroys, alters, or damages 
any fence, barrier, sensor, camera, or other physical or electronic 
device deployed by the Federal Government to control the border or a 
port of entry or otherwise seeks to construct, excavate, or make any 
structure intended to defeat, circumvent or evade any such fence, 
barrier, sensor camera, or other physical or electronic device deployed 
by the Federal government to control the border or a port of entry 
shall be fined under title 18, imprisoned not more than 10 years, or 
both, and if, at the time of the offense, the person uses or carries a 
firearm or who, in furtherance of any such crime, possesses a firearm, 
that person shall be fined under title 18, imprisoned not more than 20 
years, or both.
    ``(c) Conspiracy and Attempt.--Any person who attempts or conspires 
to violate subsection (a) or (b) of this section shall be punished in 
the same manner as a person who completes a violation of such 
subsection.''.
            (2) Table of contents amendment.--The table of contents is 
        amended by adding after the item relating to section 294 the 
        following:

``Sec. 295. Organized human smuggling.
``Sec. 296. Unlawfully hindering immigration, border, and customs 
                            controls.''.
    (b) Prohibiting Carrying or Use of a Firearm During and in Relation 
to an Alien Smuggling Crime.--Section 924(c) of title 18, United States 
Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by inserting ``, alien 
                smuggling crime,'' after ``crime of violence'' each 
                place that term appears; and
                    (B) in subparagraph (D)(ii), by inserting ``, alien 
                smuggling crime,'' after ``crime of violence''; and
            (2) by adding at the end the following:
    ``(6) For purposes of this subsection, the term `alien smuggling 
crime' means any felony punishable under section 274(a), 277, or 278 of 
the Immigration and Nationality Act (8 U.S.C. 1324(a), 1327, and 
1328).''.
    (c) Statute of Limitations.--Section 3298 of title 18, United 
States Code, is amended by inserting ``, 295, 296, or 297'' after 
``274(a)''.

SEC. 3713. PREVENTING CRIMINALS FROM RENOUNCING CITIZENSHIP DURING 
              WARTIME.

    Section 349(a) (8 U.S.C. 1481(a)) is amended--
            (1) by striking paragraph (6) ; and
            (2) redesignating paragraph (7) as paragraph (6).

SEC. 3714. DIPLOMATIC SECURITY SERVICE.

    Paragraph (1) of section 37(a) of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2709(a)) is amended to read as 
follows:
            ``(1) conduct investigations concerning--
                    ``(A) illegal passport or visa issuance or use;
                    ``(B) identity theft or document fraud affecting or 
                relating to the programs, functions, and authorities of 
                the Secretary of State;
                    ``(C) violations of chapter 77 of title 18, United 
                States Code; and
                    ``(D) Federal offenses committed within the special 
                maritime and territorial jurisdiction of the United 
                States (as defined in section 7(9) of title 18, United 
                States Code);''.

SEC. 3715. SECURE ALTERNATIVES PROGRAMS.

    (a) In General.--The Secretary shall establish secure alternatives 
programs that incorporate case management services in each field office 
of the Department to ensure appearances at immigration proceedings and 
public safety.
    (b) Contract Authority.--The Secretary shall contract with 
nongovernmental community-based organizations to conduct screening of 
detainees, provide appearance assistance services, and operate 
community-based supervision programs. Secure alternatives shall offer a 
continuum of supervision mechanisms and options, including community 
support, depending on an assessment of each individual's circumstances. 
The Secretary may contract with nongovernmental organizations to 
implement secure alternatives that maintain custody over the alien.
    (c) Individualized Determinations.--In determining whether to use 
secure alternatives, the Secretary shall make an individualized 
determination, and for each individual placed on secure alternatives, 
shall review the level of supervision on a monthly basis. Secure 
alternatives shall not be used when release on bond or recognizance is 
determined to be a sufficient measure to ensure appearances at 
immigration proceedings and public safety.
    (d) Custody.--The Secretary may use secure alternatives programs to 
maintain custody over any alien detained under the Immigration and 
Nationality Act, except for aliens detained under section 236A of such 
Act (8 U.S.C. 1226a). If an individual is not eligible for release from 
custody or detention, the Secretary shall consider the alien for 
placement in secure alternatives that maintain custody over the alien, 
including the use of electronic ankle devices.

SEC. 3716. OVERSIGHT OF DETENTION FACILITIES.

    (a) Definitions.--In this section:
            (1) Applicable standards.--The term ``applicable 
        standards'' means the most recent version of detention 
        standards and detention-related policies issued by the 
        Secretary or the Director of U.S. Immigration and Customs 
        Enforcement.
            (2) Detention facility.--The term ``detention facility'' 
        means a Federal, State, or local government facility, or a 
        privately owned and operated facility, that is used, in whole 
        or in part, to hold individuals under the authority of the 
        Director of U.S. Immigration and Customs Enforcement, including 
        facilities that hold such individuals under a contract or 
        agreement with the Director.
    (b) Detention Requirements.--The Secretary shall ensure that all 
persons detained pursuant to the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) are treated humanely and benefit from the 
protections set forth in this section.
    (c) Oversight Requirements.--
            (1) Annual inspection.--All detention facilities shall be 
        inspected by the Secretary on a regular basis, but not less 
        than annually, for compliance with applicable detention 
        standards issued by the Secretary and other applicable 
        regulations.
            (2) Routine oversight.--In addition to annual inspections, 
        the Secretary shall conduct routine oversight of detention 
        facilities, including unannounced inspections.
            (3) Availability of records.--All detention facility 
        contracts, memoranda of agreement, and evaluations and reviews 
        shall be considered records for purposes of section 552(f)(2) 
        of title 5, United States Code.
            (4) Consultation.--The Secretary shall seek input from 
        nongovernmental organizations regarding their independent 
        opinion of specific facilities.
    (d) Compliance Mechanisms.--
            (1) Agreements.--
                    (A) New agreements.--Compliance with applicable 
                standards of the Secretary and all applicable 
                regulations, and meaningful financial penalties for 
                failure to comply, shall be a material term in any new 
                contract, memorandum of agreement, or any 
                renegotiation, modification, or renewal of an existing 
                contract or agreement, including fee negotiations, 
                executed with detention facilities.
                    (B) Existing agreements.--Not later than 180 days 
                after the date of the enactment of this Act, the 
                Secretary shall secure a modification incorporating 
                these terms for any existing contracts or agreements 
                that will not be renegotiated, renewed, or otherwise 
                modified.
                    (C) Cancellation of agreements.--Unless the 
                Secretary provides a reasonable extension to a specific 
                detention facility that is negotiating in good faith, 
                contracts or agreements with detention facilities that 
                are not modified within 1 year of the date of the 
                enactment of this Act will be cancelled.
                    (D) Provision of information.--In making 
                modifications under this paragraph, the Secretary shall 
                require that detention facilities provide to the 
                Secretary all contracts, memoranda of agreement, 
                evaluations, and reviews regarding the facility on a 
                regular basis. The Secretary shall make these materials 
                publicly available.
            (2) Financial penalties.--
                    (A) Requirement to impose.--Subject to subparagraph 
                (C), the Secretary shall impose meaningful financial 
                penalties upon facilities that fail to comply with 
                applicable detention standards issued by the Secretary 
                and other applicable regulations.
                    (B) Timing of imposition.--Financial penalties 
                imposed under subparagraph (A) shall be imposed 
                immediately after a facility fails to achieve an 
                adequate or the equivalent median score in any 
                performance evaluation.
                    (C) Waiver.--The requirements of subparagraph (A) 
                may be waived if the facility corrects the noted 
                deficiencies and receives an adequate score in not more 
                than 90 days.
                    (D) Multiple offenders.--In cases of persistent and 
                substantial noncompliance, including scoring less than 
                adequate or the equivalent median score in 2 
                consecutive inspections, the Secretary shall terminate 
                contracts or agreements with such facilities within 60 
                days, or in the case of facilities operated by the 
                Secretary, such facilities shall be closed within 90 
                days.
    (e) Reporting Requirements.--
            (1) Objectives.--Not later than June 30 of each year, the 
        Secretary shall prepare and submit to the Committee on the 
        Judiciary of the Senate and the Committee on the Judiciary of 
        the House of Representatives a report on inspection and 
        oversight activities of detention facilities.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include--
                    (A) a description of each detention facility found 
                to be in noncompliance with applicable detention 
                standards issued by the Department and other applicable 
                regulations;
                    (B) a description of the actions taken by the 
                Department to remedy any findings of noncompliance or 
                other identified problems, including financial 
                penalties, contract or agreement termination, or 
                facility closure; and
                    (C) information regarding whether the actions 
                described in subparagraph (B) resulted in compliance 
                with applicable detention standards and regulations.

SEC. 3717. PROCEDURES FOR BOND HEARINGS AND FILING OF NOTICES TO 
              APPEAR.

    (a) Aliens in Custody.--Section 236 (8 U.S.C. 1226) is amended by 
adding at the end the following:
    ``(f) Procedures for Custody Hearings.--For any alien taken into 
custody under any provision of this Act, with the exception of minors 
being transferred to or in the custody of the Office of Refugee 
Resettlement, the following shall apply:
            ``(1) The Secretary of Homeland Security shall, without 
        unnecessary delay and not later than 72 hours after the alien 
        is taken into custody, file the Notice to Appear or other 
        relevant charging document with the immigration court having 
        jurisdiction over the location where the alien was apprehended, 
        and serve such notice on the alien.
            ``(2) The Secretary shall immediately determine whether the 
        alien shall remain in custody or be released and, without 
        unnecessary delay and not later than 72 hours after the alien 
        was taken into custody, serve upon the alien the custody 
        decision specifying the reasons for continued custody and the 
        amount of bond if any.
            ``(3) The Attorney General shall ensure the alien has the 
        opportunity to appear before an immigration judge for a custody 
        determination hearing promptly after service of the Secretary's 
        custody decision. The immigration judge may, on the Secretary's 
        motion and upon a showing of good cause, postpone a custody 
        redetermination hearing for no more than 72 hours after service 
        of the custody decision, except that in no case shall the 
        hearing occur more than 6 days (including weekends and 
        holidays) after the alien was taken into custody.
            ``(4) The immigration judge shall advise the alien of the 
        right to postpone the custody determination hearing and shall, 
        on the oral or written request of the individual, postpone the 
        custody determination hearing for a period of not more than 14 
        days.
            ``(5) Except for aliens that the immigration judge has 
        determined are deportable under section 236(c) or certified 
        under section 236A, the immigration judge shall review the 
        custody determination de novo and may continue to detain the 
        alien only if the Secretary demonstrates that no conditions, 
        including the use of alternatives to detention that maintain 
        custody over the alien, will reasonably assure the appearance 
        of the alien as required and the safety of any other person and 
        the community. For aliens whom the immigration judge has 
        determined are deportable under section 236(c), the immigration 
        judge may review the custody determination if the Secretary 
        agrees the alien is not a danger to the community, and 
        alternatives to detention exist that ensure the appearance of 
        the alien, as required, and the safety of any other person and 
        the community.
            ``(6) In the case of any alien remaining in custody after a 
        custody determination, the Attorney General shall provide de 
        novo custody determination hearings before an immigration judge 
        every 90 days so long as the alien remains in custody. An alien 
        may also obtain a de novo custody redetermination hearing at 
        any time upon a showing of good cause.
            ``(7) The Secretary shall inform the alien of his or her 
        rights under this paragraph at the time the alien is first 
        taken into custody.''.
    (b) Limitations on Solitary Confinement.--
            (1) In general.--Section 236(d) (8 U.S.C. 1226(d)) is 
        amended by adding at the end the following:
            ``(3) Nature of detention.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Administrative segregation.--The term 
                        `administrative segregation' means a 
                        nonpunitive form of solitary confinement for 
                        administrative reasons.
                            ``(ii) Disciplinary segregation.--The term 
                        `disciplinary segregation' means a punitive 
                        form of solitary confinement for disciplinary 
                        reasons.
                            ``(iii) Serious mental illness.--The term 
                        `serious mental illness' means a substantial 
                        disorder of thought or mood that significantly 
                        impairs judgment, behavior, capacity to 
                        recognize reality, or ability to cope with the 
                        ordinary demands of life.
                            ``(iv) Solitary confinement.--The term 
                        `solitary confinement' means cell confinement 
                        of 22 hours or more per day.
                    ``(B) Limitations on solitary confinement.--
                            ``(i) In general.--The use of solitary 
                        confinement of an alien in custody pursuant to 
                        this section, section 235, or section 241 shall 
                        be limited to situations in which such 
                        confinement--
                                    ``(I) is necessary--
                                            ``(aa) to control a threat 
                                        to detainees, staff, or the 
                                        security of the facility;
                                            ``(bb) to discipline the 
                                        alien for a serious 
                                        disciplinary infraction if 
                                        alternative sanctions would not 
                                        adequately regulate the alien's 
                                        behavior; or
                                            ``(cc) for good order 
                                        during the last 24 hours before 
                                        an alien is released, removed, 
                                        or transferred from the 
                                        facility;
                                    ``(II) is limited to the briefest 
                                term and under the least restrictive 
                                conditions practicable and consistent 
                                with the rationale for placement and 
                                with the progress achieved by the 
                                alien; and
                                    ``(III) complies with the 
                                requirements set forth in this 
                                subparagraph.
                            ``(ii) Children.--Children who are younger 
                        than 18 years of age may not be placed in 
                        solitary confinement.
                            ``(iii) Serious mental illness.--
                                    ``(I) In general.--An alien with a 
                                serious mental illness may not be 
                                placed in involuntary solitary 
                                confinement due to mental illness 
                                unless--
                                            ``(aa) such confinement is 
                                        necessary for the alien's own 
                                        protection; or
                                            ``(bb) if the alien 
                                        requires emergency 
                                        stabilization or poses a 
                                        significant threat to staff or 
                                        others in general population.
                                    ``(II) Maximum period.--An alien 
                                diagnosed with serious mental illness 
                                may not be placed in solitary 
                                confinement for more than 15 days 
                                unless the Secretary of Homeland 
                                Security determines that--
                                            ``(aa) any less restrictive 
                                        alternative is more likely than 
                                        not to cause greater harm to 
                                        the alien than the solitary 
                                        confinement period imposed; or
                                            ``(bb) the likely harm to 
                                        the alien is not substantial 
                                        and the period of solitary 
                                        confinement is the least 
                                        restrictive alternative 
                                        necessary to protect the alien, 
                                        other detainees, or others.
                            ``(iv) Own protection.--
                                    ``(I) In general.--Involuntary 
                                solitary confinement for an alien's own 
                                protection may be used only for the 
                                least amount of time practicable and if 
                                no readily available and less 
                                restrictive alternative will maintain 
                                the alien's safety.
                                    ``(II) Maximum period.--An alien 
                                may not be placed in involuntary 
                                solitary confinement for the alien's 
                                own protection for longer than 15 days 
                                unless the Secretary of Homeland 
                                Security determines that any less 
                                restrictive alternative is more likely 
                                than not to cause greater harm to the 
                                alien than the solitary confinement 
                                period imposed.
                                    ``(III) Prohibited factors.--The 
                                Secretary of Homeland Security may not 
                                rely solely on an alien's age, physical 
                                disability, sexual orientation, gender 
                                identity, race, or religion. The 
                                Secretary shall make an individualized 
                                assessment in each case.
                            ``(v) Medical care.--An alien placed in 
                        solitary confinement--
                                    ``(I) shall be visited by a medical 
                                professional at least 3 times each 
                                week;
                                    ``(II) shall receive at least 
                                weekly mental health monitoring by a 
                                licensed mental health clinician; and
                                    ``(III) shall be removed from 
                                solitary confinement if--
                                            ``(aa) a mental health 
                                        clinician determines that such 
                                        detention is having a 
                                        significant negative impact on 
                                        the alien's mental health; and
                                            ``(bb) an appropriate 
                                        alternative is available.
                            ``(vi) Notification; access to counsel.--If 
                        an alien is placed in solitary confinement, the 
                        alien--
                                    ``(I) shall be informed verbally, 
                                and in writing, of the reason for such 
                                confinement and the intended duration 
                                of such confinement, if specified at 
                                the time of initial placement; and
                                    ``(II) shall be offered access to 
                                counsel on the same basis as detainees 
                                in the general population.
                            ``(vii) Longer solitary confinement 
                        periods.--If an alien has been subject to 
                        involuntary solitary confinement for more than 
                        14 consecutive days, the Secretary of Homeland 
                        Security shall conduct a timely review to 
                        determine whether continued placement is 
                        justified by an extreme disciplinary infraction 
                        or is the least restrictive means of protecting 
                        the alien or others. Any alien held in solitary 
                        confinement for more than 7 days shall be given 
                        a reasonable opportunity to challenge such 
                        placement with the detention facility 
                        administrator, which will promptly respond to 
                        such challenge in writing.
                            ``(viii) Oversight.--The Secretary of 
                        Homeland Security shall ensure that--
                                    ``(I) he or she is regularly 
                                informed about the use of solitary 
                                confinement in all facilities at which 
                                aliens are detained; and
                                    ``(II) the Department fully 
                                complies with the provisions under this 
                                paragraph.
                    ``(C) Disciplinary segregation.--Disciplinary 
                segregation is authorized only pursuant to the order of 
                a facility disciplinary panel following a hearing in 
                which the detainee is determined to have violated a 
                facility rule.
                    ``(D) Administrative segregation.--Administrative 
                segregation is authorized only as necessary to ensure 
                the safety of the detainee or others, the protection of 
                property, or the security or good order of the 
                facility. Detainees in administrative segregation shall 
                be offered programming opportunities and privileges 
                consistent with those available in the general 
                population, except where precluded by safety or 
                security concerns.''.
            (2) Annual report.--The Secretary shall--
                    (A) collect and compile information regarding the 
                prevalence, reasons for, and duration of solitary 
                confinement in all facilities described in paragraph 
                (3);
                    (B) submit an annual report containing the 
                information described in subparagraph (A) to Congress 
                not later than 30 days after the end of the reporting 
                period; and
                    (C) make the data contained in the report submitted 
                under subparagraph (B) publicly available.
            (3) Rulemaking.--The Secretary shall adopt regulations or 
        policies to carry out section 236(d)(3) of the Immigration and 
        Nationality Act, as amended by paragraph (1), at all facilities 
        at which aliens are detained pursuant to section 235, 236, or 
        241 of such Act.
    (c) Stipulated Removal.--Section 240(d) (8 U.S.C. 1229a) is amended 
to read as follows:
    ``(d) Stipulated Removal.--The Attorney General shall provide by 
regulation for the entry by an immigration judge of an order of removal 
stipulated to by the alien (or the alien's representative) and the 
Service. An immigration judge may enter a stipulated removal order only 
upon a finding at an in-person hearing that the stipulation is 
voluntary, knowing, and intelligent. A stipulated order shall 
constitute a conclusive determination of the alien's removability from 
the United States.''.

SEC. 3718. SANCTIONS FOR COUNTRIES THAT DELAY OR PREVENT REPATRIATION 
              OF THEIR NATIONALS.

    Section 243(d) (8 U.S.C. 1253(d)) is amended to read as follows:
    ``(d) Discontinuing Granting Visas to Nationals of Countries That 
Deny or Delay Accepting Aliens.--Notwithstanding section 221(c), if the 
Secretary of Homeland Security determines, in consultation with the 
Secretary of State, that the government of a foreign country denies or 
unreasonably delays accepting aliens who are citizens, subjects, 
nationals, or residents of that country after the Secretary asks 
whether the government will accept an alien under this section, or 
after a determination that the alien is inadmissible under paragraph 
(6) or (7) of section 212(a), the Secretary of State shall order 
consular officers in that foreign country to discontinue granting 
visas, or classes of visas, until the Secretary of Homeland Security 
notifies the Secretary of State that the country has accepted the 
aliens.''.

SEC. 3719. GROSS VIOLATIONS OF HUMAN RIGHTS.

    (a) Inadmissibility of Certain Aliens.--Section 212(a)(3)(E) (8 
U.S.C. 1182(a)(3)(E)) is amended by striking clause (iii) and inserting 
the following:
                            ``(iii) Commission of acts of torture, 
                        extrajudicial killings, war crimes, or 
                        widespread or systematic attacks on 
                        civilians.--Any alien who planned, ordered, 
                        assisted, aided and abetted, committed, or 
                        otherwise participated, including through 
                        command responsibility, in the commission of--
                                    ``(I) any act of torture (as 
                                defined in section 2340 of title 18, 
                                United States Code);
                                    ``(II) any extrajudicial killing 
                                (as defined in section 3(a) of the 
                                Torture Victim Protection Act of 1991 
                                (28 U.S.C. 1350 note)) under color of 
                                law of any foreign nation;
                                    ``(III) a war crime (as defined in 
                                section 2441 of title 18, United States 
                                Code); or
                                    ``(IV) any of the following acts as 
                                a part of a widespread or systematic 
                                attack directed against a civilian 
                                population, with knowledge of the 
                                attack: murder, extermination, 
                                enslavement, forcible transfer of 
                                population, arbitrary detention, rape, 
                                sexual slavery, enforced prostitution, 
                                forced pregnancy, enforced 
                                sterilization, or any other form of 
                                sexual violence of comparable gravity; 
                                persecution on political racial, 
                                national, ethnic, cultural, religious, 
                                or gender grounds; enforced 
                                disappearance of persons; or other 
                                inhumane acts of a similar character 
                                intentionally causing great suffering 
                                or serious bodily or mental injury,
                        is inadmissible.
                            ``(iv) Limitation.--Clause (iii) shall not 
                        apply to an alien if the Secretary of Homeland 
                        Security or the Attorney General determine that 
                        the actions giving rise to the alien's 
                        inadmissibility under such clause were 
                        committed under duress. In determining whether 
                        the alien was subject to duress, the Secretary 
                        may consider, among relevant factors, the age 
                        of the alien at the time such actions were 
                        committed.''.
    (b) Denying Safe Haven to Foreign Human Rights Violators.--Section 
2(a)(2) of the Torture Victim Protection Act of 1991 (28 U.S.C. 1350 
note) is amended--
            (1) by inserting after ``killing'' the following: ``, a war 
        crime (as defined in subsections (c) and (d) of section 2441 of 
        title 18, United States Code), a widespread or systematic 
        attack on civilians (as defined in section 
        212(a)(3)(E)(iii)(IV) of the Immigration and Nationality Act), 
        or genocide (as defined in section 1091(a) of such title 18)''; 
        and
            (2) by striking ``to the individual's legal 
        representative'' and inserting ``to that individual or to that 
        individual's legal representative''.
    (c) Nonapplicability of Confidentiality Requirement With Respect to 
Visa Records.--The President may make public, without regard to the 
requirements under section 222(f) of the Immigration and Nationality 
Act (8 U.S.C. 1202(f)), with respect to confidentiality of records 
pertaining to the issuance or refusal of visas or permits to enter the 
United States, the names of aliens deemed inadmissible on the basis of 
section 212(a)(3)(E)(iii) of such Act, as amended by subsection (a).

SEC. 3720. REPORTING AND RECORD KEEPING REQUIREMENTS RELATING TO THE 
              DETENTION OF ALIENS.

    (a) In General.--In order for Congress and the public to assess the 
full costs of apprehending, detaining, processing, supervising, and 
removing aliens, and how the money Congress appropriates for detention 
is allocated by Federal agencies, the Assistant Secretary for 
Immigration and Customs and Enforcement (referred to in this section as 
the ``Assistant Secretary''), the Director of the Executive Office of 
Immigration Review, and the Commissioner responsible for U.S. Customs 
and Border Protection (referred to in this section as the 
``Commissioner'') shall--
            (1) maintain the information required under subsections 
        (b), (c), and (d); and
            (2) submit reports on that information to Congress and make 
        that information available to the public in accordance with 
        subsection (e).
    (b) Maintenance of Information by U.S. Immigration and Customs 
Enforcement.--The Assistant Secretary shall record and maintain, in the 
database of U.S. Immigration and Customs Enforcement relating to 
detained aliens, the following information with respect to each alien 
detained pursuant to the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.):
            (1) The provision of law that provides specific authority 
        for the alien's detention and the beginning and end dates of 
        the alien's detention pursuant to that authority. If the 
        alien's detention is authorized by different provisions of law 
        during different periods of time, the Assistant Secretary shall 
        record and maintain the provision of law that provides 
        authority for the alien's detention during each such period.
            (2) The place where the alien was apprehended or where U.S. 
        Immigration and Customs Enforcement assumed custody of the 
        alien.
            (3) Each location where U.S. Immigration and Customs 
        Enforcement detains the alien until the alien is released from 
        custody or removed from the United States, including any period 
        of redetention.
            (4) The gender and age of each detained alien in the 
        custody of U.S. Immigration and Customs Enforcement.
            (5) The number of days the alien is detained, including the 
        number of days spent in any given detention facility and the 
        total amount of time spent in detention.
            (6) The immigration charges that are the basis for the 
        alien's removal proceedings.
            (7) The status of the alien's removal proceedings and each 
        date on which those proceedings progress from 1 stage of 
        proceeding to another.
            (8) The length of time the alien was detained following a 
        final administrative order of removal and the reasons for the 
        continued detention.
            (9) The initial custody determination or review made by 
        U.S. Immigration and Customs Enforcement, including whether the 
        alien received notice of a custody determination or review and 
        when the custody determination or review took place.
            (10) The risk assessment results for the alien, including 
        if the alien is subject to mandatory custody or detention.
            (11) The reason for the alien's release from detention and 
        the conditions of release imposed on the alien, if applicable.
    (c) Maintenance of Information by Executive Office of Immigration 
Review.--The Director of the Executive Office of Immigration Review 
shall record and maintain, in the database of the Executive Office of 
Immigration Review relating to detained aliens in removal proceedings, 
the following information with respect to each such alien:
            (1) The immigration charges that are the basis for the 
        alien's removal proceedings, including any revision of the 
        immigration charges and the date of each such revision.
            (2) The gender and age of the alien.
            (3) The status of the alien's removal proceedings and each 
        date on which those proceedings progress from one stage of 
        proceeding to another.
            (4) The statutory basis for any bond hearing conducted and 
        the outcomes of the bond hearing.
            (5) Whether each court hearing is conducted in person, by 
        audio link, or by video conferencing.
            (6) The date of each attorney entry of appearance before an 
        immigration judge using Form EOIR-28 and the scope of the 
        appearance to which the form related.
    (d) Maintenance of Information by U.S. Customs and Border 
Protection.--The Commissioner shall record and maintain in the database 
of U.S. Customs and Border Protection relating to detained aliens the 
following information with respect to each alien detained pursuant to 
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.):
            (1) The provision of law that provides specific authority 
        for the alien's detention and the beginning and end dates of 
        the alien's detention.
            (2) The place where the alien was apprehended.
            (3) The gender and age of the alien.
            (4) Each location where U.S. Customs and Border Protection 
        detains the alien until the alien is released from custody or 
        removed from the United States, including any period of 
        redetention.
            (5) The number of days that the alien is detained in the 
        custody of U.S. Customs and Border Protection.
            (6) The immigration charges that are the basis for the 
        alien's removal proceedings while the alien is in the custody 
        of U.S. Customs and Border Protection.
            (7) The initial custody determination by U.S. Customs and 
        Border Protection, including whether the alien received notice 
        of a custody determination or review, when the custody 
        determination or review took place, and whether U.S. Customs 
        and Border Protection offered the option of stipulated removal 
        to a detained alien.
            (8) The reason for the alien's release from detention and 
        the conditions of release to detention imposed on the alien, if 
        applicable.
    (e) Reporting Requirements.--
            (1) Periodic reports.--The Assistant Secretary, the 
        Director of the Executive Office of Immigration Review, and the 
        Commissioner shall periodically, but not less frequently than 
        annually, submit to Congress a report containing a summary of 
        the information required to be maintained by this section. Each 
        such report shall include summaries of national-level data as 
        well as summaries of the information required by this section 
        by State and county.
            (2) Other reports.--The Assistant Secretary shall report to 
        Congress not less frequently than annually on--
                    (A) the number of aliens detained for more than 3 
                months, 6 months, 1 year, and 2 years; and
                    (B) the average period of detention before receipt 
                of a final administrative order of removal and after 
                receipt of such an order.
            (3) Availability to public.--The reports required under 
        this subsection and the information for each alien on which the 
        reports are based shall be made available to the public without 
        the need to submit a request under section 552 of title 5, 
        United States Code (commonly referred to as the ``Freedom of 
        Information Act'').
            (4) Privacy protections.--No alien's identity may be 
        disclosed when information described in paragraph (3) is made 
        publicly available.
    (f) Definitions.--In this section:
            (1) Case outcome.--The term ``case outcome'' includes a 
        grant of relief from deportation under section 240A of the 
        Immigration and Nationality Act (8 U.S.C. 1229b), voluntary 
        departure pursuant to section 240B of that Act (8 U.S.C. 
        1229c), removal pursuant to section 238 of that Act (8 U.S.C. 
        1228), judicial termination of proceedings, termination of 
        proceedings by U.S. Immigration and Customs Enforcement, 
        cancellation of the notice to appear, or permission to withdraw 
        application for admission without any removal order being 
        issued.
            (2) Place where the alien was apprehended.--The term 
        ``place where the alien was apprehended'' refers to the city, 
        county, and State where an alien is apprehended.
            (3) Reason for the alien's release from detention.--The 
        term ``reason for the alien's release from detention'' refers 
        to release on bond, on an alien's own recognizance, on 
        humanitarian grounds, after grant of relief, or due to 
        termination of proceedings or removal.
            (4) Removal proceedings.--The term ``removal proceedings'' 
        refers to a removal case of any kind, including expedited 
        removal, administrative removal, stipulated removal, 
        reinstatement, and voluntary removal and removals in which an 
        applicant is permitted to withdraw his or her application for 
        admission.
            (5) Stage.--The term ``stage'', with respect to a 
        proceeding, refers to whether the alien is in proceedings 
        before an immigration judge, the Board of Immigration Appeals, 
        a United States court of appeals, or on remand from a United 
        States court of appeals.

SEC. 3721. POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES AT SENSITIVE 
              LOCATIONS.

    Section 287 (8 U.S.C. 1357) is amended by adding at the end the 
following:
    ``(i)(1) In order to ensure individuals' access to sensitive 
locations, this subsection applies to enforcement actions by officers 
and agents of U.S. Immigration and Customs Enforcement and officers and 
agents of U.S. Customs and Border Protection.
    ``(2)(A) An enforcement action may not take place at, or be focused 
on, a sensitive location, except as follows:
            ``(i) Under exigent circumstances.
            ``(ii) If prior approval is obtained.
    ``(B) If an enforcement action is taking place pursuant to 
subparagraph (A) and the condition permitting the enforcement action 
ceases, the enforcement action shall cease.
    ``(3)(A) When proceeding with an enforcement action at or near a 
sensitive location, officers and agents referred to in paragraph (1) 
shall conduct themselves as discreetly as possible, consistent with 
officer and public safety, and make every effort to limit the time at 
or focused on the sensitive location.
    ``(B) If, in the course of an enforcement action that is not 
initiated at or focused on a sensitive location, officers or agents are 
led to or near a sensitive location, and no exigent circumstance 
exists, such officers or agents shall conduct themselves in a discreet 
manner, maintain surveillance, and immediately consult their supervisor 
before taking any further enforcement action, in order to determine 
whether such action should be discontinued.
    ``(C) This section not apply to the transportation of an individual 
apprehended at or near a land or sea border to a hospital or healthcare 
provider for the purpose of providing such individual medical care.
    ``(4)(A) Each official specified in subparagraph (B) shall ensure 
that the employees under the supervision of such official receive 
annual training on compliance with the requirements of this subsection 
in enforcement actions at or focused on sensitive locations and 
enforcement actions that lead officers or agents to or near a sensitive 
location.
    ``(B) The officials specified in ths subparagraph are the 
following:
            ``(i) The Chief Counsel of U.S. Immigration and Customs 
        Enforcement.
            ``(ii) The Field Office Directors of U.S. Immigration and 
        Customs Enforcement.
            ``(iii) Each Special Agent in Charge of U.S. Immigration 
        and Customs Enforcement.
            ``(iv) Each Chief Patrol Agent of U.S. Customs and Border 
        Protection.
            ``(v) The Director of Field Operations of U.S. Customs and 
        Border Protection.
            ``(vi) The Director of Air and Marine Operations of U.S. 
        Customs and Border Protection.
            ``(vii) The Internal Affairs Special Agent in Charge of 
        U.S. Customs and Border Protection.
    ``(5)(A) The Director of U.S. Immigration and Customs Enforcement 
and the Commissioner of U.S. Customs and Border Protection shall each 
submit to the appropriate committees of Congress each year a report on 
the enforcement actions undertaken by U.S. Immigration and Customs 
Enforcement and U.S. Customs and Border Protection, respectively, 
during the preceding year that were covered by this subsection.
    ``(B) Each report on an agency for a year under this paragraph 
shall set forth the following:
            ``(i) The number of enforcement actions at or focused on a 
        sensitive location.
            ``(ii) The number of enforcement actions where officers or 
        agents were subsequently led to or near a sensitive location.
            ``(iii) The date, site, and State, city, and county in 
        which each enforcement action covered by clause (i) or (ii) 
        occurred.
            ``(iv) The component of the agency responsible for each 
        such enforcement action.
            ``(v) A description of the intended target of each such 
        enforcement action.
            ``(vi) The number of individuals, if any, arrested or taken 
        into custody through each such enforcement action.
            ``(vii) The number of collateral arrests, if any, from each 
        such enforcement action and the reasons for each such arrest.
            ``(viii) A certification of whether the location 
        administrator was contacted prior to, during, or after each 
        such enforcement action.
    ``(C) Each report under this paragraph shall be made available to 
the public without the need to submit a request under section 552 of 
title 5, United States Code (commonly referred to as the `Freedom of 
Information Act').
    ``(6) In this subsection:
            ``(A) The term `appropriate committees of Congress' means--
                    ``(i) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    ``(ii) the Committee on the Judiciary of the 
                Senate;
                    ``(iii) the Committee on Homeland Security of the 
                House of Representatives; and
                    ``(iv) the Committee on the Judiciary of the House 
                of Representatives.
            ``(B) The term `enforcement action' means an arrest, 
        interview, search, or surveillance for the purposes of 
        immigration enforcement, and includes an enforcement action at, 
        or focused on, a sensitive location that is part of a joint 
        case led by another law enforcement agency.
            ``(C) The term `exigent circumstances' means a situation 
        involving the following:
                    ``(i) The imminent risk of death, violence, or 
                physical harm to any person, including a situation 
                implicating terrorism or the national security of the 
                United States in some other manner.
                    ``(ii) The immediate arrest or pursuit of a 
                dangerous felon, terrorist suspect, or other individual 
                presenting an imminent danger or public safety risk.
                    ``(iii) The imminent risk of destruction of 
                evidence that is material to an ongoing criminal case.
            ``(D) The term `prior approval' means the following:
                    ``(i) In the case of officers and agents of U.S. 
                Immigration and Customs Enforcement, prior written 
                approval for a specific, targeted operation from one of 
                the following officials:
                            ``(I) The Assistant Director of Operations, 
                        Homeland Security Investigations.
                            ``(II) The Executive Associate Director of 
                        Homeland Security Investigations.
                            ``(III) The Assistant Director for Field 
                        Operations, Enforcement, and Removal 
                        Operations.
                            ``(IV) The Executive Associate Director for 
                        Field Operations, Enforcement, and Removal 
                        Operations.
                    ``(ii) In the case of officers and agents of U.S. 
                Customs and Border Protection, prior written approval 
                for a specific, targeted operation from one of the 
                following officials:
                            ``(I) A Chief Patrol Agent.
                            ``(II) The Director of Field Operations.
                            ``(III) The Director of Air and Marine 
                        Operations.
                            ``(IV) The Internal Affairs Special Agent 
                        in Charge.
            ``(E) The term `sensitive location' includes the following:
                    ``(i) Hospitals and health clinics.
                    ``(ii) Public and private schools (including pre-
                schools, primary schools, secondary schools, 
                postsecondary schools (including colleges and 
                universities), and other institutions of learning such 
                as vocational or trade schools).
                    ``(iii) Organizations assisting children, pregnant 
                women, victims of crime or abuse, or individuals with 
                mental or physical disabilities.
                    ``(iv) Churches, synagogues, mosques, and other 
                places of worship, such as buildings rented for the 
                purpose of religious services.
                    ``(v) Such other locations as the Secretary of 
                Homeland Security shall specify for purposes of this 
                subsection.''.

 Subtitle H--Protection of Children Affected by Immigration Enforcement

SEC. 3801. SHORT TITLE.

    This subtitle may be cited as the ``Humane Enforcement and Legal 
Protections for Separated Children Act'' or the ``HELP Separated 
Children Act''.

SEC. 3802. DEFINITIONS.

    In this subtitle:
            (1) Apprehension.--The term ``apprehension'' means the 
        detention or arrest by officials of the Department or 
        cooperating entities.
            (2) Child.--The term ``child'' means an individual who has 
        not attained 18 years of age.
            (3) Child welfare agency.--The term ``child welfare 
        agency'' means a State or local agency responsible for child 
        welfare services under subtitles B and E of title IV of the 
        Social Security Act (42 U.S.C. 601 et seq.).
            (4) Cooperating entity.--The term ``cooperating entity'' 
        means a State or local entity acting under agreement with the 
        Secretary.
            (5) Detention facility.--The term ``detention facility'' 
        means a Federal, State, or local government facility, or a 
        privately owned and operated facility, that is used, in whole 
        or in part, to hold individuals under the authority of the 
        Director of U.S. Immigration and Customs Enforcement, including 
        facilities that hold such individuals under a contract or 
        agreement with the Director.
            (6) Immigration enforcement action.--The term ``immigration 
        enforcement action'' means the apprehension of 1 or more 
        individuals whom the Department has reason to believe are 
        removable from the United States by the Secretary or a 
        cooperating entity.
            (7) Parent.--The term ``parent'' means a biological or 
        adoptive parent of a child, whose parental rights have not been 
        relinquished or terminated under State law or the law of a 
        foreign country, or a legal guardian under State law or the law 
        of a foreign country.

SEC. 3803. APPREHENSION PROCEDURES FOR IMMIGRATION ENFORCEMENT-RELATED 
              ACTIVITIES.

    (a) Apprehension Procedures.--In any immigration enforcement 
action, the Secretary and cooperating entities shall--
            (1) as soon as possible, but generally not later than 2 
        hours after an immigration enforcement action, inquire whether 
        an individual is a parent or primary caregiver of a child in 
        the United States and provide any such individuals with--
                    (A) the opportunity to make a minimum of 2 
                telephone calls to arrange for the care of such child 
                in the individual's absence; and
                    (B) contact information for--
                            (i) child welfare agencies and family 
                        courts in the same jurisdiction as the child; 
                        and
                            (ii) consulates, attorneys, and legal 
                        service providers capable of providing free 
                        legal advice or representation regarding child 
                        welfare, child custody determinations, and 
                        immigration matters;
            (2) notify the child welfare agency with jurisdiction over 
        the child if the child's parent or primary caregiver is unable 
        to make care arrangements for the child or if the child is in 
        imminent risk of serious harm;
            (3) ensure that personnel of the Department and cooperating 
        entities do not, absent medical necessity or extraordinary 
        circumstances, compel or request children to interpret or 
        translate for interviews of their parents or of other 
        individuals who are encountered as part of an immigration 
        enforcement action; and
            (4) ensure that any parent or primary caregiver of a child 
        in the United States--
                    (A) absent medical necessity or extraordinary 
                circumstances, is not transferred from his or her area 
                of apprehension until the individual--
                            (i) has made arrangements for the care of 
                        such child; or
                            (ii) if such arrangements are unavailable 
                        or the individual is unable to make such 
                        arrangements, is informed of the care 
                        arrangements made for the child and of a means 
                        to maintain communication with the child;
                    (B) absent medical necessity or extraordinary 
                circumstances, and to the extent practicable, is placed 
                in a detention facility either--
                            (i) proximate to the location of 
                        apprehension; or
                            (ii) proximate to the individual's habitual 
                        place of residence; and
                    (C) receives due consideration of the best 
                interests of such child in any decision or action 
                relating to his or her detention, release, or transfer 
                between detention facilities.
    (b) Requests to State and Local Entities.--If the Secretary 
requests a State or local entity to hold in custody an individual whom 
the Department has reason to believe is removable pending transfer of 
that individual to the custody of the Secretary or to a detention 
facility, the Secretary shall also request that the State or local 
entity provide the individual the protections specified in paragraphs 
(1) and (2) of subsection (a), if that individual is found to be the 
parent or primary caregiver of a child in the United States.
    (c) Protections Against Trafficking Preserved.--The provisions of 
this section shall not be construed to impede, delay, or in any way 
limit the obligations of the Secretary, the Attorney General, or the 
Secretary of Health and Human Services under section 235 of the William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 
(8 U.S.C. 1232) or section 462 of the Homeland Security Act of 2002 (6 
U.S.C. 279).

SEC. 3804. ACCESS TO CHILDREN, STATE AND LOCAL COURTS, CHILD WELFARE 
              AGENCIES, AND CONSULAR OFFICIALS.

    At all detention facilities, the Secretary shall--
            (1) prominently post in a manner accessible to detainees 
        and visitors and include in detainee handbooks information on 
        the protections of this subtitle as well as information on 
        potential eligibility for parole or release;
            (2) absent extraordinary circumstances, ensure that 
        individuals who are detained by the Department and are parents 
        of children in the United States are--
                    (A) permitted regular phone calls and contact 
                visits with their children;
                    (B) provided with contact information for child 
                welfare agencies and family courts in the relevant 
                jurisdictions;
                    (C) able to participate fully and, to the extent 
                possible, in person in all family court proceedings and 
                any other proceedings that may impact their right to 
                custody of their children;
                    (D) granted free and confidential telephone calls 
                to relevant child welfare agencies and family courts as 
                often as is necessary to ensure that the best interest 
                of their children, including a preference for family 
                unity whenever appropriate, can be considered in child 
                welfare agency or family court proceedings;
                    (E) able to fully comply with all family court or 
                child welfare agency orders impacting custody of their 
                children;
                    (F) provided access to United States passport 
                applications or other relevant travel document 
                applications for the purpose of obtaining travel 
                documents for their children;
                    (G) afforded timely access to a notary public for 
                the purpose of applying for a passport for their 
                children or executing guardianship or other agreements 
                to ensure the safety of their children; and
                    (H) granted adequate time before removal to obtain 
                passports, apostilled birth certificates, travel 
                documents, and other necessary records on behalf of 
                their children if such children will accompany them on 
                their return to their country of origin or join them in 
                their country of origin; and
            (3) where doing so would not impact public safety or 
        national security, facilitate the ability of detained alien 
        parents and primary caregivers to share information regarding 
        travel arrangements with their consulate, children, child 
        welfare agencies, or other caregivers in advance of the 
        detained alien individual's departure from the United States.

SEC. 3805. MANDATORY TRAINING.

    The Secretary, in consultation with the Secretary of Health and 
Human Services, the Secretary of State, the Attorney General, and 
independent child welfare and family law experts, shall develop and 
provide training on the protections required under sections 3803 and 
3804 to all personnel of the Department, cooperating entities, and 
detention facilities operated by or under agreement with the Department 
who regularly engage in immigration enforcement actions and in the 
course of such actions come into contact with individuals who are 
parents or primary caregivers of children in the United States.

SEC. 3806. RULEMAKING.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary shall promulgate regulations to implement sections 
3803 and 3804 of this Act.

SEC. 3807. SEVERABILITY.

    If any provision of this subtitle or amendment made by this 
subtitle, or the application of a provision or amendment to any person 
or circumstance, is held to be unconstitutional, the remainder of this 
subtitle and amendments made by this subtitle, and the application of 
the provisions and amendment to any person or circumstance, shall not 
be affected by the holding.

 Subtitle I--Providing Tools To Exchange Visitors and Exchange Visitor 
 Sponsors To Protect Exchange Visitor Program Participants and Prevent 
                              Trafficking

SEC. 3901. DEFINITIONS.

    (a) In General.--Except as otherwise provided by this subtitle, the 
terms used in this subtitle shall have the same meanings, respectively, 
as are given those terms in section 3 of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 203), except that the term ``employer'' shall also 
include a prospective employer seeking to hire exchange visitors with 
which the sponsor has a contractual relationship.
    (b) Other Definitions.--
            (1) Exchange visitor.--The term ``exchange visitor'' means 
        a foreign national who is inquiring about or applying to 
        participate in the exchange visitor program or who has 
        successfully applied and has completed or is completing an 
        exchange visitor programs not funded by the United States 
        Government as governed by sections 2.22, 62.24, 62.30, 62.31, 
        and 62.32 of title 22, Code of Federal Regulations.
            (2) Exchange visitor program.--The term ``exchange visitor 
        program'' means the international exchange program administered 
        by the Department of State to implement the Mutual Educational 
        and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.), by 
        means of educational and cultural programs.
            (3) Exchange visitor program recruitment activities.--The 
        term ``exchange visitor program recruitment activities'' means 
        activities related to recruiting, soliciting, transferring, 
        providing, obtaining, or facilitating participation of 
        individuals who reside outside the United States in an exchange 
        visitor program including when such activity occurs wholly 
        outside the United States.
            (4) Exchange visitor program sponsor; sponsor.--The term 
        ``exchange visitor program sponsor'' or ``sponsor'' means a 
        legal entity designated by the Secretary of State, in the 
        Secretary's discretion, to conduct an exchange visitor program 
        governed by sections 62.22, 62.24, 62.30, 62.31, and 62.32 of 
        title 22, Code of Federal Regulations).
            (5) Foreign entity.--The term ``foreign entity'' means a 
        person contracted by a sponsor to engage in exchange visitor 
        program recruitment activities on the sponsor's behalf and any 
        subcontractors thereof.
            (6) Host entity.--The term ``host entity'' means ``host 
        organization'', ``primary or secondary accredited educational 
        institution'', ``camp facility'', ``host family'', or 
        ``employer/host employer'' as used in sections 62.22, 62.24, 
        62.30, 62.31, and 62.32 of title 22, Code of Federal 
        Regulations, respectively.
            (7) Regulations.--Any reference to any provision of 
        regulations shall include any successor provision addressing 
        the same subject matter.

SEC. 3902. DISCLOSURE.

    (a) Requirement for Disclosure at Time of Exchange Visitor Program 
Recruitment Activity.--Any person who engages in exchange visitor 
program recruitment activity shall develop certain information, 
previously approved by and on file with the exchange visitor program 
sponsor, to be disclosed in writing in English to the exchange visitor 
before the exchange visitor pays fees described in section 3904, other 
than refundable fees and a reasonable non-refundable deposit, or 
otherwise detrimentally relies on information provided by an exchange 
program sponsor or foreign entity. This information shall be made 
available to the Secretary of State, or an exchange visitor requesting 
his or her own file, within 5 business days of request, consistent with 
program regulations in part 62 of title 22, Code of Federal 
Regulations. Not later than 18 months after the date of the enactment 
of this Act, the Secretary of State shall, in consultation with the 
Secretary of Labor, amend such regulations to reflect the information 
to be disclosed, including the following:
            (1) The identity and address of the exchange visitor 
        program sponsor, host entity, and any foreign entity with 
        authority to charge fees and costs under section 3904.
            (2) All assurances and terms and conditions of employment, 
        from the prospective host entity of the exchange visitor, 
        including place and period of employment, job duties, number of 
        work hours, wages and compensation, and any deductions from 
        wages and benefits, including deductions for housing and 
        transportation. Nothing in this paragraph shall be construed to 
        permit any charge, deduction, or expense prohibited by this or 
        any other law.
            (3) A copy of the prospective agreement between the 
        exchange visitor program sponsor, exchange visitor, and the 
        host entity.
            (4) Information regarding the terms and conditions of the 
        nonimmigrant status under which the exchange visitor is to be 
        admitted, and the period of stay in the United States allowed 
        for such nonimmigrant status.
            (5) A copy of the fee disclosure form as described in 
        section 3904(d) listing the mandatory and optional costs or 
        expenses to be charged to the exchange visitor.
            (6) The existence of any labor organizing effort, 
        collective bargaining agreement, labor contract, strike, 
        lockout, or other labor dispute at the host entity.
            (7) Whether and the extent to which exchange visitors will 
        be compensated through workers' compensation, private 
        insurance, or otherwise for injuries or death, including work-
        related injuries and death, during the period of employment.
            (8) A description of the sanctions the exchange visitor 
        program sponsor is currently subject to, if any, as imposed by 
        the Department of State.
            (9) A statement in a form specified by the Secretary of 
        State--
                    (A) stating that in accordance with guidelines and 
                regulations promulgated by the Secretary --
                            (i) the costs and fees charged by the 
                        exchange program sponsor, foreign entity, and 
                        host entity do not exceed those permitted by 
                        section 3904 and are legal under the laws of 
                        the United States and the home country of the 
                        exchange visitor; and
                            (ii) the exchange visitor program sponsor, 
                        foreign entity, or host entity may bear costs 
                        or fees not provided for in section 3904, but 
                        that fees under that section cannot be passed 
                        along to the exchange visitor.
            (10) Any education or training to be provided or required, 
        other than education or training provided in accordance with 
        section 62.10 (b) and (c) of title 22, Code of Federal 
        Regulations, as ``pre-arrival information'' or ``orientation'' 
        and additional orientation and training requirements as 
        described in each relevant category under sections 62.22, 
        62.24, 62.30, 62.31, and 62.32 of that title.
            (11) A clear statement explaining that--
                    (A) except as provided in subparagraph (B), no 
                additional significant requirements or significant 
                changes may be made to the original contract signed 
                with a handwritten, electronic, or digital pin code 
                signature by the exchange visitor without at least 24 
                hours to consider such changes and the specific consent 
                of the exchange visitor, obtained voluntarily and 
                without threat of penalty; and
                    (B) changes may be made to the conditions of 
                employment contained in the original contract even if 
                the exchange visitor has not had 24 hours to consider 
                such changes, provided the exchange visitor has 
                specifically consented to the changes, voluntarily and 
                without threat of penalty, and such changes must be 
                implemented without giving the exchange visitor 24 
                hours to consider them in order to protect the health 
                or welfare of the exchange visitor.
    (b) Requirement for Rules.--The Secretary of State shall define by 
rule or guidance what constitutes ``refundable fees'' and a 
``reasonable non-refundable deposit'' for the purpose subsection (a).
    (c) Relationship to Labor and Employment Laws.--Nothing in the 
disclosure required by subsection (a) shall constitute a legal 
conclusion as to the exchange visitor's status or rights under the 
labor and employment laws.
    (d) Prohibition on False and Misleading Information and Certain 
Fees.--No exchange visitor program sponsor, foreign entity, or host 
entity who engages in any exchange visitor program activity shall 
knowingly provide materially false or misleading information to any 
exchange visitor concerning any matter required to be disclosed under 
subsection (a). Charging fees for services not provided or assessing 
fees that exceed the amounts established by the Secretary of State 
pursuant to section 3904 is a violation of this section. The disclosure 
required by this section is a document concerning the proper 
administration of a matter within the jurisdiction of a department or 
agency of the United States for the purposes of section 1519 of title 
18, United States Code, and other provisions of such title.
    (e) Public Availability of Information.--The Secretary of State 
shall amend its regulations at part 62 of title 22, Code of Federal 
Regulations, to require sponsors to make publicly available, including 
on their websites and in recruiting materials, information regarding 
fees, costs, and services associated with their exchange visitor 
programs, including foreign entity names and contact points, and other 
factors relevant to exchange visitors' choice of sponsor or foreign 
entity.

SEC. 3903. PROHIBITION ON DISCRIMINATION.

    (a) In General.--It shall be unlawful for an exchange visitor 
program sponsor, foreign entity, or host entity to fail or refuse to 
select, hire, discharge, intimidate, threaten, restrain, coerce, or 
blacklist any individual or otherwise discriminate against an 
individual with respect to compensation, terms, conditions, or 
privileges of employment, because of such individual's race, color, 
creed, sex, national origin, religion, age, or disability.
    (b) Determinations of Discrimination.--For the purposes of 
determining the existence of unlawful discrimination under subsection 
(a)--
            (1) in the case of a claim of discrimination based on race, 
        color, sex, national origin, or religion, the same legal 
        standards shall apply as are applicable under title VII of the 
        Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);
            (2) in the case of a claim of discrimination based on age, 
        the same legal standards shall apply as are applicable under 
        the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 
        et seq.); and
            (3) in the case of a claim of discrimination based on 
        disability, the same legal standards shall apply as are 
        applicable under title I of the Americans With Disabilities Act 
        of 1990 as amended (42 U.S.C. 12111 et seq.).

SEC. 3904. FEES.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary of State, in consultation with the 
Secretary of Labor, shall promulgate regulations to set limits on the 
mandatory fees charged by exchange visitor program sponsors, host 
entities, and their foreign entities to the exchange visitor. In 
promulgating such regulations, the Secretary of State shall conduct 
public meetings with exchange visitor program sponsors, organizations 
representing exchange visitors, and members of the public with 
expertise in public diplomacy, educational and cultural exchange, labor 
markets, labor relations, migration, civil rights, human rights, and 
prohibiting human trafficking. The Secretary of State may, in the 
Secretary's discretion, consider factors including what costs are 
within the control of sponsors, differences among programs and 
countries, level and amount of educational and cultural activities 
included, and services rendered.
    (b) Maximum Fees.--It shall be unlawful for any person to charge a 
fee higher than the maximum allowable fee as established by regulations 
promulgated under subsection (a), and any person who charges a higher 
fee shall be liable under this subtitle. If a fee higher than the 
maximum is charged by a sponsor or foreign entity, the sponsor shall be 
liable. If a fee higher than the maximum allowable is charged by the 
host entity or a host entity's agent, the host entity shall be liable.
    (c) Update of Maximum Fees.--The Secretary of State shall update 
the maximum allowable fees described in subsection (a) in response to 
changing economic conditions and other factors as needed.
    (d) Fee Transparency.--The Secretary of State shall amend its 
regulations at part 62 of title 22, Code of Federal Regulations, to 
require exchange visitor program sponsors to--
            (1) provide the Department of State annually with an 
        itemized list of fees charged to exchange visitor program 
        participants including by their foreign entities, 
        subcontractors, or foreign entity's agents; and
            (2) require a 3-party document signed by the exchange 
        visitor, foreign entity, and sponsor that outlines a basic 
        level fee structure and itemizes mandatory and optional fees.

SEC. 3905. ANNUAL NOTIFICATION.

    (a) Annual Exchange Visitor Program Sponsor Notification.--
            (1) In general.--Subject to paragraph (2), prior to 
        engaging in any exchange visitor program activity, any person 
        who seeks to be an exchange visitor program sponsor shall be 
        designated by the Secretary of State pursuant to regulations 
        that the Secretary of State has prescribed or shall prescribe 
        after the date of the enactment of this Act.
            (2) Notification.--Each exchange visitor program sponsor 
        shall notify the Secretary of State, not less frequently than 
        once every year, of the identity of any third party, agent, or 
        exchange visitor program sponsor employee involved in any 
        exchange visitor program recruitment activity for, or on behalf 
        of, the exchange visitor program sponsor.
            (3) Personal jurisdiction over foreign entities.--As a 
        condition of initial and continued registration, each program 
        sponsor shall obtain a written and signed agreement from any 
        foreign entity. In that agreement, the foreign entity shall 
        stipulate and agree, as a condition for receiving any payment 
        or compensation for performing any work or service for the 
        program sponsor, that the laws of the United States shall 
        govern any and all disputes among and between the parties or 
        the United States, including any enforcement actions, and that 
        any dispute or enforcement action shall be brought in the 
        United States District Court for the District of Columbia. The 
        agreement shall be in such form and contain such other 
        information as the Secretary of State shall prescribe.
            (4) Noncompliance notification.--An host entity shall 
        notify the Secretary of State upon gaining knowledge of 
        noncompliance with this subtitle by an exchange visitor program 
        sponsor. An exchange visitor program sponsor shall notify the 
        Secretary of State upon gaining knowledge of noncompliance with 
        this subtitle by a host entity or foreign entity.
    (b) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall amend its 
regulations at part 62 of title 22, Code of Federal Regulations, 
regarding the annual exchange visitor program sponsor notification.
    (c) Refusal To Issue and Revocation of Designation.--The Secretary 
of State shall amend its regulations at part 62 of title 22, Code of 
Federal Regulations, to include the following bases for refusing to 
issue or renew, or for revoking a sponsor's designation for a period of 
not greater than 5 years:
            (1) The applicant for, or holder of, the designation has 
        knowingly made a material misrepresentation in the application 
        for such designation.
            (2) The applicant for, or holder of, the designation has 
        committed any felony under State or Federal law or any crime 
        involving fraud, robbery, bribery, extortion, embezzlement, 
        grand larceny, burglary, arson, violation of narcotics laws, 
        murder, rape, trafficking in persons, assault with intent to 
        kill, assault which inflicts grievous bodily injury, 
        prostitution, peonage, or smuggling or harboring individuals 
        who have entered the United States illegally.
            (3) The applicant for, or holder of, the designation has 
        committed any crime relating to gambling, or to the sale, 
        distribution, or possession of alcoholic beverages, in 
        connection with or incident to any exchange visitor recruitment 
        activities.
            (4) Such other criteria as the Secretary of State may, in 
        the Secretary's discretion, establish.

SEC. 3906. BONDING REQUIREMENT.

    (a) In General.--The Secretary of State may assess a bond amount 
sufficient to ensure the ability of a sponsor to discharge its 
responsibilities and to ensure protection of exchange visitors, 
including wages or stipends. In requiring a sponsor to post the bond, 
the Secretary of State shall take into account the degree to which the 
sponsor's assets can be reached by United States courts.
    (b) Regulations.--The Secretary of State, by regulation, shall 
establish the conditions under which the bond amount is determined, 
paid, and forfeited, which shall include the sponsor's history of 
compliance.
    (c) Relationship to Other Remedies.--The bond requirements and 
forfeiture of the bond under this section shall be in addition to or, 
pursuant to court order, in conjunction with, other remedies under 3910 
or any other provision of law.

SEC. 3907. MAINTENANCE OF LISTS.

    (a) In General.--The Secretary of State shall work with the 
Secretary of Homeland Security to ensure that the information described 
in paragraphs (1) through (4) of subsection (b) is included on the 
foreign entity list kept and updated pursuant to section 3607 and shall 
share that list with the Department of Labor.
    (b) Information.--Not later than 1 year after the date of the 
enactment of this Act, each sponsor shall compile and share with the 
Secretary of State on a regular basis a list that includes the 
following information:
            (1) The countries from which the sponsor recruits.
            (2) The host entities for whom the sponsor recruits.
            (3) The occupations for which the sponsor recruits.
            (4) The States where recruited exchange visitors are 
        employed.
    (c) Limitation on Public Availability.--Neither the Secretary of 
State nor the Secretary of Homeland Security shall make the information 
described in paragraphs (1) through (4) of subsection (b) public as 
part of the list described in section 3607.

SEC. 3908. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

    Section 214 (8 U.S.C. 1184), as amended by title IV, is further 
amended by adding at the end the following:
    ``(bb) A visa shall not be issued under section 101(a)(15) until 
the consular officer--
            ``(1) has confirmed that the applicant has received, read, 
        and understood the information and resources pamphlet required 
        by section 202 of the William Wilberforce Trafficking Victims 
        Protection Reauthorization Act of 2008 (8 U.S.C. 1375b); and
            ``(2) has reviewed and made a part of the visa file the 
        exchange visitor program sponsor disclosures required by 
        section 3902 of the Border Security, Economic Opportunity, and 
        Immigration Modernization Act, including whether the exchange 
        visitor program sponsor is designated pursuant to that 
        section.''.

SEC. 3909. RESPONSIBILITIES OF SECRETARY OF STATE.

    (a) In General.--The Secretary of State shall ensure that each 
United States diplomatic mission has a person who is responsible for 
receiving information from any exchange visitor who has been subject to 
violations of this subtitle.
    (b) Provision of Information.--The responsible person referred to 
in subsection (a) shall ensure that the information received is 
provided to the Department of State. The Department of State may share 
that information as necessary with the Department of Justice, the 
Department of Labor, and any other relevant Federal agency.
    (c) Mechanisms.--The Attorney General and the Secretary of State 
shall ensure that there is a mechanism for any actions that need to be 
taken in response to information received under subsection (a).
    (d) Assistance From Foreign Government.--The person designated for 
receiving information pursuant to subsection (a) is strongly encouraged 
to coordinate with governments and civil society organizations in the 
countries of origin to ensure the exchange visitor receives additional 
support.
    (e) Maintenance and Availability of Information.--The Secretary of 
State shall ensure that consulates coordinate with the Department of 
State to have access to information regarding the identities of 
sponsors and the foreign entities with whom sponsors contract for 
exchange visitor program recruitment activities. The Secretary of State 
shall ensure information on the identity of sponsors is publicly 
available in written form on the Department of State website, and 
information on the identity of foreign entities in each individual 
country is publicly available on the websites of United States 
embassies in each of those countries.

SEC. 3910. ENFORCEMENT PROVISIONS.

    (a) Investigations.--The Secretary of State shall undertake 
compliance actions and sanctions against exchange visitor program 
sponsors in accordance with part 62 of title 22, Code of Federal 
Regulations.
    (b) Representation.--Except as provided in section 518(a) of title 
28, United States Code, the Attorney General may appear for and 
represent the Secretary in any civil litigation brought under this 
paragraph. All such litigation shall be subject to the direction and 
control of the Attorney General. Exchange visitor sponsors shall be 
allowed a reasonable period of inquiry and response before civil 
litigation is initiated.
    (c) Enforcement.--The Secretary of State or an exchange visitor who 
is subject to any violation of this subtitle may bring a civil action 
against an exchange visitor program sponsor, foreign entity, or host 
entity in a court of competent jurisdiction and recover appropriate 
relief, including injunctive relief, damages, reasonable attorneys' 
fees and costs, and any other remedy that would effectuate the purposes 
of this subtitle. Any action must be filed within 3 years after the 
date on which the exchange visitor became aware of the violation, but 
under no circumstances more than 5 years after the date on which the 
violation occurred.
    (d) Actions by the Secretary of State or an Exchange Visitor.--If 
the court finds in a civil action filed under this section that the 
defendant has violated any provision of this subtitle (or any 
regulation issued pursuant to this subtitle), the court may award 
damages, up to and including an amount equal to the amount of actual 
damages, and statutory damages of up to $1,000 per plaintiff per 
violation, or other equitable relief, except that with respect to 
statutory damages--
            (1) multiple infractions of a single provision of this 
        subtitle (or of a regulation under this subtitle) shall 
        constitute only 1 violation for purposes of section 3902(a) to 
        determine the amount of statutory damages due a plaintiff; and
            (2) if such complaint is certified as a class action the 
        court may award--
                    (A) damages up to an amount equal to the amount of 
                actual damages; and
                    (B) statutory damages of not more than the lesser 
                of up to $1,000 per class member per violation, or up 
                to $500,000;
                    (C) other equitable relief;
                    (D) reasonable attorneys' fees and costs; and
                    (E) such other and further relief, including 
                declaratory and injunctive relief, as necessary to 
                effectuate the purposes of this subtitle.
    (e) Bond.--To satisfy the damages, fees, and costs found owing 
under this section, as much of the bond held pursuant to section 3906 
shall be released as necessary.
    (f) Appeal.--Any civil action brought under this section shall be 
subject to appeal as provided in chapter 83 of title 28, United States 
Code.
    (g) Safe Harbor.--A host entity shall not have any liability under 
this section for the actions or omissions of an exchange visitor 
program sponsor that has a valid designation with the State Department 
pursuant to section 3905, unless and to the extent that the host entity 
has engaged in conduct that violates this subtitle.
    (h) Liability for Foreign Entities.--Exchange visitor program 
sponsors shall be liable for violations of this subtitle by any foreign 
employees, agents, foreign entities, or subcontractees of any level in 
relation to the exchange visitor program recruitment activities of the 
foreign employees, agents, foreign entities, or subcontractees to the 
same extent as if the exchange visitor program sponsor had committed 
the violation, unless the exchange visitor program sponsor--
            (1) uses reasonable procedures to protect against 
        violations of this subtitle by foreign employees, agents, 
        foreign entities, or subcontractees (including contractually 
        forbidding in writing any foreign employees, agents, foreign 
        entities, or subcontractees from seeking or receiving 
        prohibited fees from workers);
            (2) does not act with reckless disregard of the fact that 
        foreign employees, agents, foreign entities, or subcontractees 
        have violated any provision of this subtitle; and
            (3) timely reports any potential violations to the 
        Secretary of State.
    (i) Waiver of Rights.--Agreements between exchange visitors with 
sponsors, foreign entities, or host entities purporting to waive or to 
modify their rights under this subtitle shall be void as contrary to 
public policy.
    (j) Retaliation.--No person shall intimidate, threaten, restrain, 
coerce, discharge, or in any other manner discriminate or retaliate 
against any exchange visitor or his or her family members (including a 
former exchange visitor or an applicant for employment) because such 
exchange visitor disclosed information to any person that the exchange 
visitor reasonably believes evidences a violation of this section (or 
any rule or regulation pertaining to this section), including speaking 
with a worker organization, seeking legal assistance of counsel, or 
cooperating with an investigation or other proceeding concerning 
compliance with this section (or any regulation pertaining to this 
section).
    (k) Prohibition on Retaliation.--It shall be unlawful for an 
exchange visitor program sponsor or foreign entity to terminate or 
remove from the exchange visitor program, ban from the program, 
adversely annotate an exchange visitor's SEVIS (as defined in section 
4902) record, fire, demote, take other adverse employment action, or 
evict, or to threaten to take any of such actions against an exchange 
visitor in retaliation for the act of complaining about program 
conditions, including housing and job placements, wages, hours, and 
general treatment, or for disclosing retaliation by an exchange visitor 
sponsor, exchange visitor foreign entity, or host entity against any 
exchange visitor.
    (l) Presence During Pendency of Actions.--If other immigration 
relief is not available to the exchange visitor, the Secretary of 
Homeland Security may permit, only on the basis of proof, the exchange 
visitor to remain lawfully in the United States for the time sufficient 
to allow the exchange visitor to fully and effectively participate in 
all legal proceedings related to any action taken pursuant to this 
section.
    (m) Access to Legal Services Corporation.--Notwithstanding any 
other provision of law, the Legal Services Corporation and recipients 
of its funding may provide legal assistance on behalf of any alien with 
respect to any provision of this subtitle.
    (n) Host Entity Violations.--The Secretary, in consultation with 
the Secretary of Labor, shall maintain a list of host entities against 
whom there has been a complaint substantiated by the Department of 
State for significant program violations. Information from that list 
shall be made available to sponsors upon request.

SEC. 3911. AUDITS AND TRANSPARENCY.

    (a) Compliance Audits.--
            (1) In general.--The Secretary of State shall by regulation 
        require audit reports to be filed by exchange visitor program 
        sponsors operating under the following specific program 
        categories, as described under subpart B of part 62 of title 
        22, Code of Federal Regulations, and any successor regulations:
                    (A) Summer work travel.
                    (B) Trainees and interns.
                    (C) Camp counselors.
                    (D) Au pairs.
                    (E) Teachers.
            (2) Audit reports.--Audit reports shall be filed with the 
        Department of State and be conducted by a certified public 
        accountant, qualified auditor, or licensed attorney pursuant to 
        a format designated by the Secretary of State, attesting to the 
        sponsor's compliance with the regulatory and reporting 
        requirements set forth in part 62 of title 22, Code of Federal 
        Regulations. The report shall be conducted at the expense of 
        the sponsor and no more frequently than on a biannual basis.
    (b) Annual Report.--Not later than 1 year after the date of the 
enactment of this Act, and annually thereafter, the Secretary of State 
shall submit to Congress a report on the exchange visitor program, 
which shall detail for each specific program category--
            (1) summary data on the number of exchange visitors and 
        countries participating in that category;
            (2) public diplomacy outcomes; and
            (3) recent sanctions imposed by the Department of State.

            TITLE IV--REFORMS TO NONIMMIGRANT VISA PROGRAMS

            Subtitle A--Employment-based Nonimmigrant Visas

SEC. 4101. MARKET-BASED H-1B VISA LIMITS.

    (a) In General.--Section 214(g) (8 U.S.C. 1184(g)) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``(beginning with fiscal year 1992)''; and
                    (B) by amending subparagraph (A) to read as 
                follows:
                    ``(A) under section 101(a)(15)(H)(i)(b) may not 
                exceed the sum of--
                            ``(i) the base allocation calculated under 
                        paragraph (9)(A); and
                            ``(ii) the allocation adjustment calculated 
                        under paragraph (9)(B); and'';
            (2) by redesignating paragraph (10) as subparagraph (D) of 
        paragraph (9);
            (3) by redesignating paragraph (9) as paragraph (10); and
            (4) by inserting after paragraph (8) the following:
    ``(9)(A) Except as provided in subparagraph (C), the base 
allocation of nonimmigrant visas under section 101(a)(15)(H)(i)(b) for 
each fiscal year shall be equal to--
            ``(i) the sum of--
                    ``(I) the base allocation for the most recently 
                completed fiscal year; and
                    ``(II) the allocation adjustment under subparagraph 
                (B) for the most recently completed fiscal year;
            ``(ii) if the number calculated under clause (i) is less 
        than 115,000, 115,000; or
            ``(iii) if the number calculated under clause (i) is more 
        than 180,000, 180,000.
    ``(B)(i) If the number of cap-subject nonimmigrant visa petitions 
accepted for filing under section 101(a)(15)(H)(i)(b) during the first 
45 days petitions may be filed for a fiscal year is equal to the base 
allocation for such fiscal year, an additional 20,000 such visas shall 
be made available beginning on the 46th day on which petitions may be 
filed for such fiscal year.
    ``(ii) If the base allocation of cap-subject nonimmigrant visa 
petitions accepted for filing under section 101(a)(15)(H)(i)(b) for a 
fiscal year is reached during the 15-day period ending on the 60th day 
on which petitions may be filed for such fiscal year, an additional 
15,000 such visas shall be made available beginning on the 61st day on 
which petitions may be filed for such fiscal year.
    ``(iii) If the base allocation of cap-subject nonimmigrant visa 
petitions accepted for filing under section 101(a)(15)(H)(i)(b) for a 
fiscal year is reached during the 30-day period ending on the 90th day 
on which petitions may be filed for such fiscal year, an additional 
10,000 such visas shall be made available beginning on the 91st day on 
which petitions may be filed for such fiscal year.
    ``(iv) If the base allocation of cap-subject nonimmigrant visa 
petitions accepted for filing under section 101(a)(15)(H)(i)(b) for a 
fiscal year is reached during the 185-day period ending on the 275th 
day on which petitions may be filed for such fiscal year, an additional 
5,000 such visas shall be made available beginning on the date on which 
such allocation is reached.
    ``(v) If the number of cap-subject nonimmigrant visa petitions 
accepted for filing under section 101(a)(15)(H)(i)(b) for a fiscal year 
is at least 5,000 fewer than the base allocation, but is not more than 
9,999 fewer than the base allocation, the allocation adjustment for the 
following fiscal year shall be -5,000.
    ``(vi) If the number of cap-subject nonimmigrant visa petitions 
accepted for filing under section 101(a)(15)(H)(i)(b) for a fiscal year 
is at least 10,000 fewer than the base allocation, but not more than 
14,999 fewer than the base allocation, the allocation adjustment for 
the following fiscal year shall be -10,000.
    ``(vii) If the number of cap-subject nonimmigrant visa petitions 
accepted for filing under section 101(a)(15)(H)(i)(b) for a fiscal year 
is at least 15,000 fewer than the base allocation, but not more than 
19,999 fewer than the base allocation, the allocation adjustment for 
the following fiscal year shall be -15,000.
    ``(viii) If the number of cap-subject nonimmigrant visa petitions 
accepted for filing under section 101(a)(15)(H)(i)(b) for a fiscal year 
is at least 20,000 fewer than the base allocation, the allocation 
adjustment for the following fiscal year shall be -20,000.
    ``(C) An allocation adjustment under clause (i), (ii), (iii), or 
(iv) of subparagraph (B)--
            ``(i) may not increase the numerical limitation contained 
        in paragraph (9)(A) to a number above 180,000; and
            ``(ii) may not take place to make additional nonimmigrant 
        visas available for any fiscal year in which the national 
        occupational unemployment rate for `Management, Professional, 
        and Related Occupations', as published by the Bureau of Labor 
        Statistics each month, averages 4.5 percent or greater over the 
        12-month period preceding the date of the Secretary's 
        determination of whether the cap should be increased or 
        decreased.''.
    (b) Increase in Allocation for STEM Nonimmigrants.--Section 
214(g)(5)(C) (8 U.S.C. 1184(g)(5)(C)) is amended to read as follows:
            ``(C) has earned a master's or higher degree, in a field of 
        science, technology, engineering, or math included in the 
        Department of Education's Classification of Instructional 
        Programs taxonomy within the summary groups of computer and 
        information sciences and support services, engineering, 
        mathematics and statistics, biological and biomedical sciences, 
        and physical sciences, from a United States institution of 
        higher education (as defined in section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a)) until the number of 
        aliens who are exempted from such numerical limitation during 
        such year exceed 25,000.''.
    (c) Publication.--
            (1) Data summarizing petitions.--The Secretary shall timely 
        upload to a public website data that summarizes the 
        adjudication of nonimmigrant petitions under section 
        101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(15)(H)(i)(b)) during each fiscal year.
            (2) Annual numerical limitation.--As soon as practicable 
        and no later than March 2 of each fiscal year, the Secretary 
        shall publish in the Federal Register the numerical limitation 
        determined under section 214(g)(1)(A) for such fiscal year.
    (d) Effective Date and Application.--The amendments made by 
subsection (a) shall take effect on the first day of the first fiscal 
year beginning after the date of the enactment of this Act and apply to 
applications for nonimmigrant visas under section 101(a)(15)(H)(i)(b) 
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) 
for such fiscal year.

SEC. 4102. EMPLOYMENT AUTHORIZATION FOR DEPENDENTS OF EMPLOYMENT-BASED 
              NONIMMIGRANTS.

    Section 214(c) (8 U.S.C. 1184(c)) is amended--
            (1) by striking ``Attorney General'' each place such term 
        appears and inserting ``Secretary of Homeland Security''; and
            (2) in paragraph (2), by amending subparagraph (E) to read 
        as follows:
    ``(E)(i) In the case of an alien spouse admitted under section 
101(a)(15)(L), who is accompanying or following to join a principal 
alien admitted under such section, the Secretary of Homeland Security 
shall--
            ``(I) authorize the alien spouse to engage in employment in 
        the United States; and
            ``(II) provide the spouse with an `employment authorized' 
        endorsement or other appropriate work permit.
    ``(ii) In the case of an alien spouse admitted under section 
101(a)(15)(H)(i)(b), who is accompanying or following to join a 
principal alien admitted under such section, the Secretary of Homeland 
Security shall--
            ``(I) authorize the alien spouse to engage in employment in 
        the United States; and
            ``(II) provide such a spouse with an `employment 
        authorized' endorsement or other appropriate work permit, if 
        appropriate.
    ``(iii)(I) Upon the request of the Secretary of State, the 
Secretary of Homeland Security may suspend employment authorizations 
under clause (ii) to nationals of a foreign country that does not 
permit reciprocal employment to nationals of the United States who are 
accompanying or following to join the employment-based nonimmigrant 
husband or wife of such spouse to be employed in such foreign country 
based on that status.
    ``(II) In subclause (I), the term `employment-based nonimmigrant' 
means an individual who is admitted to a foreign country to perform 
employment similar to the employment described in section 
101(a)(15)(H)(i)(b).''.

SEC. 4103. ELIMINATING IMPEDIMENTS TO WORKER MOBILITY.

    (a) Deference to Prior Approvals.--Section 214(c) (8 U.S.C. 
1184(c)), as amended by section 4102, is further amended by adding at 
the end the following:
    ``(15) Subject to paragraph (2)(D) and subsection (g) and section 
104(c) and subsections (a) and (b) of section 106 of the American 
Competitiveness in the Twenty-first Century Act of 2000 (Public Law 
106-313; 8 U.S.C. 1184 note), the Secretary of Homeland Security shall 
give deference to a prior approval of a petition in reviewing a 
petition to extend the status of a nonimmigrant admitted under 
subparagraph (H)(i)(b) or (L) of section 101(a)(15) if the petition 
involves the same alien and petitioner unless the Secretary determines 
that--
            ``(A) there was a material error with regard to the 
        previous petition approval;
            ``(B) a substantial change in circumstances has taken 
        place;
            ``(C) new material information has been discovered that 
        adversely impacts the eligibility of the employer or the 
        nonimmigrant; or
            ``(D) in the Secretary's discretion, such extension should 
        not be approved.''.
    (b) Effect of Employment Termination.--Section 214(n) (8 U.S.C. 
1184(n)) is amended by adding at the end the following:
    ``(3) A nonimmigrant admitted under section 101(a)(15)(H)(i)(b) 
whose employment relationship terminates before the expiration of the 
nonimmigrant's period of authorized admission shall be deemed to have 
retained such legal status throughout the entire 60-day period 
beginning on the date such employment is terminated. A nonimmigrant who 
files a petition to extend, change, or adjust their status at any point 
during such period shall be deemed to have lawful status under section 
101(a)(15)(H)(i)(b) while that petition is pending.''.
    (c) Visa Revalidation.--Section 222(c) (8 U.S.C. 1202(c)) is 
amended--
            (1) by inserting ``(1)'' before ``Every alien''; and
            (2) by adding at the end the following:
    ``(2) The Secretary of State may, at the Secretary's discretion, 
renew in the United States the visa of an alien admitted under 
subparagraph (A), (E), (G), (H), (I), (L), (N), (O), (P), (R), or (W) 
of section 101(a)(15) if the alien has remained eligible for such 
status and qualifies for a waiver of interview as provided for in 
subsection (h)(1)(D).''.
    (d) Interview Waivers for Low Risk Visa Applicants.--Section 
222(h)(1) (8 U.S.C. 1202(h)(1)) is amended--
            (1) in subparagraph (B)(iv), by striking ``or'' at the end;
            (2) in subparagraph (C)(ii), by striking ``and'' at the end 
        and inserting ``or''; and
            (3) by adding at the end the following:
                    ``(D) by the Secretary of State, in consultation 
                with the Secretary of Homeland Security, for such 
                aliens or classes of aliens--
                            ``(i) that the Secretary determines 
                        generally represent a low security risk;
                            ``(ii) for which an in-person interview 
                        would not add material benefit to the 
                        adjudication process;
                            ``(iii) unless the Secretary of State, 
                        after a review of all standard database and 
                        biometric checks, the visa application, and 
                        other supporting documents, determines that an 
                        interview is unlikely to reveal derogatory 
                        information; and
                            ``(iv) except that in every case, the 
                        Secretary of State retains the right to require 
                        an applicant to appear for an interview; and''.

SEC. 4104. STEM EDUCATION AND TRAINING.

    (a) Fee.--Section 212(a)(5)(A) (8 U.S.C. 1182(a)(5)(A)) is amended 
by adding at the end the following:
                            ``(v) Fee.--An employer shall submit, along 
                        with an application for a certification under 
                        this subparagraph, a fee of $1,000, which shall 
                        be deposited in the STEM Education and Training 
                        Account established under section 286(w).''.
    (b) H-1B Nonimmigrant Petitioner Account.--Section 286(s) (8 U.S.C. 
1356(s)) is amended by striking paragraphs (3) and (4) and inserting 
the following:
            ``(3) Low-income stem scholarship program.--
                    ``(A) In general.--Thirty percent of the amounts 
                deposited into the H-1B Nonimmigrant Petitioner Account 
                shall remain available to the Director of the National 
                Science Foundation until expended for scholarships 
                described in section 414(d) of the American 
                Competitiveness and Workforce Improvement Act of 1998 
                (42 U.S.C. 1869c) for low-income students enrolled in a 
                program of study leading to a degree in science, 
                technology, engineering, or mathematics.
                    ``(B) Stem education for underrepresented.--The 
                Director shall work in consultation with, or direct 
                scholarship funds through, national nonprofit 
                organizations that primarily focus on science, 
                technology, engineering, or mathematics education for 
                underrepresented groups, such as women and minorities.
                    ``(C) Loan forgiveness.--The Director may expend 
                funds from the Account for purposes of loan forgiveness 
                or repayment of student loans which led to a low-income 
                student obtaining a degree in science, technology, 
                engineering, mathematics, or other high demand fields.
            ``(4) National science foundation grant program for k-12 
        science, technology, engineering, and mathematics education.--
                    ``(A) In general.--Ten percent of the amounts 
                deposited into the H-1B Nonimmigrant Petitioner Account 
                shall remain available to the Director of the National 
                Science Foundation until expended to carry out a direct 
                or matching grant program to support improvement in K-
                12 education, including through private-public 
                partnerships. Grants awarded pursuant to this paragraph 
                shall include formula based grants that target lower 
                income populations with a focus on reaching women and 
                minorities.
                    ``(B) Types of programs covered.--The Director 
                shall award grants to programs that--
                            ``(i) support the development and 
                        implementation of standards-based instructional 
                        materials models and related student 
                        assessments that enable K-12 students to 
                        acquire an understanding of science, 
                        technology, engineering, and mathematics, and 
                        to develop critical thinking skills;
                            ``(ii) provide systemic improvement in 
                        training K-12 teachers and education for 
                        students in science, technology, engineering, 
                        and mathematics, including by supporting 
                        efforts to promote gender-equality among 
                        students receiving such instruction;
                            ``(iii) support the professional 
                        development of K-12 science, technology, 
                        engineering, and mathematics teachers in the 
                        use of technology in the classroom;
                            ``(iv) stimulate systemwide K-12 reform of 
                        science, technology, engineering, and 
                        mathematics in urban, rural, and economically 
                        disadvantaged regions of the United States;
                            ``(v) provide externships and other 
                        opportunities for students to increase their 
                        appreciation and understanding of science, 
                        technology, engineering, and mathematics 
                        (including summer institutes sponsored by an 
                        institution of higher education for students in 
                        grades 7 through 12 that provide instruction in 
                        such fields);
                            ``(vi) involve partnerships of industry, 
                        educational institutions, and national or 
                        regional community based organizations with 
                        demonstrated experience addressing the 
                        educational needs of disadvantaged communities;
                            ``(vii) provide college preparatory support 
                        to expose and prepare students for careers in 
                        science, technology, engineering, and 
                        mathematics; or
                            ``(viii) provide for carrying out systemic 
                        reform activities under section 3(a)(1) of the 
                        National Science Foundation Act of 1950 (42 
                        U.S.C. 1862(a)(1)).''.
    (c) Use of Fee.--Section 286 (8 U.S.C. 1356) is amended by adding 
at the end the following:
    ``(w) STEM Education and Training Account.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury a separate account, which shall be known as the 
        `STEM Education and Training Account'. Notwithstanding any 
        other section of this title, there shall be deposited as 
        offsetting receipts into the Account all of the fees collected 
        under section 212(a)(5)(A)(v).
            ``(2) Purposes.--
                    ``(A) In general.--The purposes of the STEM 
                Education and Training Account are to enhance the 
                economic competitiveness of the United States by--
                            ``(i) strengthening STEM education, 
                        including in computer science, at all levels;
                            ``(ii) ensuring that schools have access to 
                        well-trained and effective STEM teachers;
                            ``(iii) supporting efforts to strengthen 
                        the elementary and secondary curriculum, 
                        including efforts to make courses in computer 
                        science more broadly available; and
                            ``(iv) helping colleges and universities 
                        produce more graduates in fields needed by 
                        American employers.
                    ``(B) Defined term.--In this paragraph, the term 
                `STEM education' means instruction in a field of 
                science, technology, engineering or math included in 
                the Department of Education's Classification of 
                Instructional Programs taxonomy within the summary 
                groups of computer and information sciences and support 
                services, engineering, mathematics and statistics, 
                biological and biomedical sciences, and physical 
                sciences.
            ``(3) Allocations to states and territories.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary of Education shall proportionately allocate 
                70 percent of the amounts deposited into the STEM 
                Education and Training Account each fiscal year to the 
                50 States, the District of Columbia, the Commonwealth 
                of Puerto Rico, Guam, the United States Virgin Islands, 
                American Samoa, and the Northern Mariana Islands in an 
                amount that bears the same relationship as the 
                proportion the State, district, or territory received 
                under subpart 2 of part A of title I of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 6331 et 
                seq.) for the preceding fiscal year bears to the amount 
                all States and territories received under that subpart 
                for the preceding fiscal year.
                    ``(B) Minimum allocations.--No State or territory 
                shall receive less than an amount equal to 0.5 percent 
                of the total amount made available to all States from 
                the STEM Education and Training Account. If a State or 
                territory does not request an allocation from the 
                Account for a fiscal year, the Secretary shall 
                reallocate the State's allocation to the remaining 
                States and territories in accordance with this 
                paragraph.
                    ``(C) Use of funds.--Amounts allocated pursuant to 
                this paragraph may be used for the activities described 
                in section 4104(c) of the Border Security, Economic 
                Opportunity, and Immigration Modernization Act.
            ``(4) Stem capacity building at minority-serving 
        institutions.--
                    ``(A) In general.--The Secretary of Education shall 
                allocate 20 percent of the amounts deposited into the 
                STEM Education and Training Account to establish or 
                expand programs to award grants to institutions 
                described in subparagraph (C)--
                            ``(i) to enhance the quality of 
                        undergraduate science, technology, engineering, 
                        and mathematics education at such institutions; 
                        and
                            ``(ii) to increase the retention and 
                        graduation rates of students pursuing degrees 
                        in such fields at such institutions.
                    ``(B) Types of programs covered.--Grants awarded 
                under this paragraph shall be awarded to--
                            ``(i) minority-serving institutions of 
                        higher education for--
                                    ``(I) activities to improve courses 
                                and curriculum in science, technology, 
                                engineering, and mathematics;
                                    ``(II) efforts to promote gender 
                                equality among students enrolled in 
                                such courses;
                                    ``(III) faculty development;
                                    ``(IV) stipends for undergraduate 
                                students participating in research; and
                                    ``(V) other activities consistent 
                                with subparagraph (A), as determined by 
                                the Secretary of Education; and
                            ``(ii) to other institutions of higher 
                        education to partner with the institutions 
                        described in clause (i) for--
                                    ``(I) faculty and student 
                                development and exchange;
                                    ``(II) research infrastructure 
                                development;
                                    ``(III) joint research projects; 
                                and
                                    ``(IV) identification and 
                                development of minority and low-income 
                                candidates for graduate studies in 
                                science, technology, engineering, and 
                                mathematics degree programs.
                    ``(C) Institutions included.--In this paragraph, 
                the term `institutions' shall include--
                            ``(i) colleges eligible to receive funds 
                        under the Act of August 30, 1890 (7 U.S.C. 321-
                        326a and 328), including Tuskegee University;
                            ``(ii) 1994 Institutions, as defined in 
                        section 532 of the Equity in Educational Land-
                        Grant Status Act of 1994 (7 U.S.C. 301 note);
                            ``(iii) part B institutions (as defined in 
                        section 322 of the Higher Education Act of 1965 
                        (20 U.S.C. 1061)); and
                            ``(iv) Hispanic-serving institutions, as 
                        defined in section 502(a)(5) of the Higher 
                        Education Act of 1965 (20 U.S.C. 1101a(a)(5)).
                    ``(D) Granting of bonding authority.--A recipient 
                of a grant awarded under this paragraph is authorized 
                to utilize such funds for the issuance of bonds to fund 
                research infrastructure development.
                    ``(E) Loan forgiveness.--The Director may expend 
                funds from the allocation under this paragraph for 
                purposes of loan forgiveness or repayment of student 
                loans which led to a low-income student obtaining a 
                degree in science, technology, engineering, 
                mathematics, or other high demand fields.
            ``(5) Workforce investment.--The Secretary of Education 
        shall allocate 5 percent of the amounts deposited into the STEM 
        Education and Training Account to the Secretary of Labor until 
        expended for statewide workforce investment activities that may 
        also benefit veterans and their spouses, including youth 
        activities and statewide employment and training and activities 
        for adults and dislocated workers described in section 128(a) 
        of the Workforce Investment Act of 1998 (29 U.S.C. 2853(a)), 
        and the development of licensing and credentialing programs.
            ``(6) American dream accounts.--The Secretary of Education 
        shall allocate 3 percent of the amounts deposited into the STEM 
        Education and Training Account to award grants, on a 
        competitive basis, to eligible entities to enable such eligible 
        entities to establish and administer American Dream Accounts 
        under section 4104(e) of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996.
            ``(7) Administration expenses.--The Secretary of Education 
        may expend up to 2 percent of the amounts deposited into the 
        STEM Education and Training Account for administrative 
        expenses, including conducting an annual evaluation of the 
        implementation and impact of the activities funded by the STEM 
        Education and Training Account as required under section 
        4104(c)(3) of the Border Security, Economic Opportunity, and 
        Immigration Modernization Act.''.
    (d) STEM Education Grants.--
            (1) Application process.--
                    (A) In general.--Each Governor and Chief State 
                School Officer desiring an allocation from the STEM 
                Education and Training Account under section 286(w)(3) 
                of the Immigration and Nationality Act, as added by 
                subsection (b), shall jointly submit a plan, including 
                a proposed budget, signed by the Governor and Chief 
                State School Officer, to the Secretary of Education at 
                such time, in such form, and including such information 
                as the Secretary of Education may prescribe pursuant to 
                subparagraph (B). The plan shall describe how the State 
                plans to improve STEM education to meet the needs of 
                students and employers in the State.
                    (B) Rulemaking.--The Secretary of Education shall 
                issue a rule, through a rulemaking procedure that 
                complies with section 553 of title 5, United States 
                Code, prescribing the information that should be 
                included in the State plans submitted under 
                subparagraph (A).
            (2) Allowable activities.--A State, district, or territory 
        that receives funding from the STEM Education and Training 
        Account may use such funding to develop and implement science, 
        technology, engineering, and mathematics (STEM) activities to 
        serve students, including students of underrepresented groups 
        such as minorities, economically disadvantaged, and females 
        by--
                    (A) strengthening the State's STEM academic 
                achievement standards;
                    (B) implementing strategies for the recruitment, 
                training, placement, and retention of teachers in STEM 
                fields, including computer science;
                    (C) carrying out initiatives designed to assist 
                students in succeeding and graduating from 
                postsecondary STEM programs;
                    (D) improving the availability and access to STEM-
                related worker training programs, including community 
                college courses and programs;
                    (E) forming partnerships with higher education, 
                economic development, workforce, industry, and local 
                educational agencies; or
                    (F) engaging in other activities, as determined by 
                the State, in consultation with businesses and State 
                agencies, to improve STEM education.
            (3) National evaluation.--
                    (A) In general.--Using amounts allocated under 
                section 286(w)(7) of the Immigration and Nationality 
                Act, as added by subsection (b), the Secretary of 
                Education shall conduct, directly or through a grant or 
                contract, an annual evaluation of the implementation 
                and impact of the activities funded by the STEM 
                Education and Training Account.
                    (B) Annual report.--The Secretary shall submit a 
                report describing the results of each evaluation 
                conducted under subparagraph (A) to--
                            (i) the President;
                            (ii) the Committee on the Judiciary of the 
                        Senate;
                            (iii) the Committee on the Judiciary of the 
                        House of Representatives;
                            (iv) the Committee on Health, Education, 
                        Labor, and Pensions of the Senate; and
                            (v) the Committee on Education and the 
                        Workforce of the House of Representatives.
                    (C) Dissemination.--The Secretary shall make the 
                findings of the evaluation widely available to 
                educators, the business community, and the public.
            (4) Rule of construction.--Nothing in this subsection may 
        be construed to permit the Secretary of Education or any other 
        Federal official to approve the content or academic achievement 
        standards of a State.
    (e) American Dream Accounts.--
            (1) Definitions.--In this subsection:
                    (A) American dream account.--The term ``American 
                Dream Account'' means a personal online account for 
                low-income students that monitors higher education 
                readiness and includes a college savings account.
                    (B) Appropriate committees of congress.--The term 
                ``appropriate committees of Congress'' means--
                            (i) the Committee on Health, Education, 
                        Labor, and Pensions of the Senate;
                            (ii) the Committee on Appropriations of the 
                        Senate;
                            (iii) the Committee on Finance of the 
                        Senate;
                            (iv) the Committee on Education and the 
                        Workforce of the House of Representatives;
                            (v) the Committee on Appropriations of the 
                        House of Representatives;
                            (vi) the Committee on Ways and Means of the 
                        House of Representatives; and
                            (vii) any other committee of the Senate or 
                        House of Representatives that the Secretary 
                        determines appropriate.
                    (C) College savings account.--The term ``college 
                savings account'' means a savings account that--
                            (i) provides some tax-preferred 
                        accumulation;
                            (ii) is widely available (such as Qualified 
                        Tuition Programs under section 529 of the 
                        Internal Revenue Code of 1986 or Coverdell 
                        Education Savings Accounts under section 530 of 
                        the Internal Revenue Code of 1986); and
                            (iii) contains funds that may be used only 
                        for the costs associated with attending an 
                        institution of higher education, including--
                                    (I) tuition and fees;
                                    (II) room and board;
                                    (III) textbooks;
                                    (IV) supplies and equipment; and
                                    (V) internet access.
                    (D) Dual enrollment program.--The term ``dual 
                enrollment program'' means an academic program through 
                which a secondary school student is able simultaneously 
                to earn credit toward a secondary school diploma and a 
                postsecondary degree or credential.
                    (E) Eligible entity.--The term ``eligible entity'' 
                means--
                            (i) a State educational agency;
                            (ii) a local educational agency;
                            (iii) a charter school or charter 
                        management organization;
                            (iv) an institution of higher education;
                            (v) a nonprofit organization;
                            (vi) an entity with demonstrated experience 
                        in educational savings or in assisting low-
                        income students to prepare for, and attend, an 
                        institution of higher education; or
                            (vii) a consortium of 2 or more of the 
                        entities described in clause (i) through (vi).
                    (F) ESEA definitions.--The terms ``local 
                educational agency'', ``parent'', and ``State 
                educational agency'' have the meanings given the terms 
                in section 9101 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7801) and the term 
                ``charter school'' has the meaning given the term in 
                section 5210 of such Act.
                    (G) Institution of higher education.--The term 
                ``institution of higher education'' has the meaning 
                given the term in section 101(a) of the Higher 
                Education Act of 1965 (20 U.S.C. 1001(a)).
                    (H) Low-income student.--The term ``low-income 
                student'' means a student who is eligible to receive a 
                free or reduced price lunch under the Richard B. 
                Russell National School Lunch Act (42 U.S.C. 1751 et 
                seq.).
            (2) Grant program.--
                    (A) Program authorized.--The Secretary of Education 
                is authorized to award grants, on a competitive basis, 
                to eligible entities to enable such eligible entities 
                to establish and administer American Dream Accounts for 
                a group of low-income students.
                    (B) Reservation.--From the amount made available 
                each fiscal year to carry out this section under 
                section 286(w)(6) of the Immigration and Nationality 
                Act, the Secretary of Education shall reserve not more 
                than 5 percent of such amount to carry out the 
                evaluation activities described in paragraph (5)(A).
                    (C) Duration.--A grant awarded under this 
                subsection shall be for a period of not more than 3 
                years. The Secretary of Education may extend such grant 
                for an additional 2-year period if the Secretary of 
                Education determines that the eligible entity has 
                demonstrated significant progress, based on the factors 
                described in paragraph (3)(B)(xi).
            (3) Applications; priority.--
                    (A) In general.--Each eligible entity desiring a 
                grant under this subsection shall submit an application 
                to the Secretary of Education at such time, in such 
                manner, and containing such information as the 
                Secretary of Education may require.
                    (B) Contents.--The application described in 
                subparagraph (A) shall include--
                            (i) a description of the characteristics of 
                        a group of not less than 30 low-income public 
                        school students who--
                                    (I) are, at the time of the 
                                application, attending a grade not 
                                higher than grade 9; and
                                    (II) will, under the grant, receive 
                                an American Dream Account;
                            (ii) a description of how the eligible 
                        entity will engage, and provide support (such 
                        as tutoring and mentoring for students, and 
                        training for teachers and other stakeholders) 
                        either online or in person, to--
                                    (I) the students in the group 
                                described in clause (i);
                                    (II) the family members and 
                                teachers of such students; and
                                    (III) other stakeholders such as 
                                school administrators and school 
                                counselors;
                            (iii) an identification of partners who 
                        will assist the eligible entity in establishing 
                        and sustaining American Dream Accounts;
                            (iv) a description of what experience the 
                        eligible entity or the eligible entity's 
                        partners have in managing college savings 
                        accounts, preparing low-income students for 
                        postsecondary education, managing online 
                        systems, and teaching financial literacy;
                            (v) a description of how the eligible 
                        entity will help increase the value of the 
                        college savings account portion of each 
                        American Dream Account, such as by providing 
                        matching funds or incentives for academic 
                        achievement;
                            (vi) a description of how the eligible 
                        entity will notify each participating student 
                        in the group described in subparagraph (A), on 
                        a semiannual basis, of the current balance and 
                        status of the student's college savings account 
                        portion of the student's American Dream 
                        Account;
                            (vii) a plan that describes how the 
                        eligible entity will monitor participating 
                        students in the group described in clause (i) 
                        to ensure that each student's American Dream 
                        Account will be maintained if a student in such 
                        group changes schools before graduating from 
                        secondary school;
                            (viii) a plan that describes how the 
                        American Dream Accounts will be managed for not 
                        less than 1 year after a majority of the 
                        students in the group described in clause (i) 
                        graduate from secondary school;
                            (ix) a description of how the eligible 
                        entity will encourage students in the group 
                        described in clause (i) who fail to graduate 
                        from secondary school to continue their 
                        education;
                            (x) a description of how the eligible 
                        entity will evaluate the grant program, 
                        including by collecting, as applicable, data 
                        about the students in the group described in 
                        clause (i) during the grant period, and, if 
                        sufficient grant funds are available, after the 
                        grant period, including
                                    (I) attendance rates;
                                    (II) progress reports;
                                    (III) grades and course selections;
                                    (IV) the student graduation rate 
                                (as defined in section 1111 
                                (b)(2)(C)(vi) of the Elementary and 
                                Secondary Education Act of 1965 (20 
                                U.S.C. 6311(b)(2)(C)(vi)));
                                    (V) rates of student completion of 
                                the Free Application for Federal 
                                Student Aid described in section 483 of 
                                the Higher Education Act of 1965 (20 
                                U.S.C. 1090);
                                    (VI) rates of enrollment in an 
                                institution of higher education; and
                                    (VII) rates of completion at an 
                                institution of higher education;
                            (xi) a description of what will happen to 
                        the funds in the college savings account 
                        portion of the American Dream Accounts that are 
                        dedicated to participating students described 
                        in clause (i) who have not matriculated at an 
                        institution of higher education at the time of 
                        the conclusion of the period of American Dream 
                        Account management described in clause (viii);
                            (xii) a description of how the eligible 
                        entity will ensure that funds in the college 
                        savings account portion of the American Dream 
                        Accounts will not make families ineligible for 
                        public assistance; and
                            (xiii) a description of how the eligible 
                        entity will ensure that participating students 
                        described in clause (i) will have access to the 
                        Internet;
                    (C) Priority.--In awarding grants under this 
                subsection, the Secretary of Education shall give 
                priority to applications from eligible entities that--
                            (i) are described in paragraph (1)(E)(vii);
                            (ii) serve the largest number of low-income 
                        students;
                            (iii) emphasize preparing students to 
                        pursue careers in science, technology, 
                        engineering, or mathematics; or
                            (iv) in the case of an eligible entity 
                        described in clause (i) or (ii) of paragraph 
                        (1)(E), provide opportunities for participating 
                        students described in clause (i) to participate 
                        in a dual enrollment program at no cost to the 
                        student.
            (4) Authorized activities.--
                    (A) In general.--An eligible entity that receives a 
                grant under this subsection shall use such grant funds 
                to establish an American Dream Account for each 
                participating student described in paragraph (3)(B)(i), 
                which will be used to--
                            (i) open a college savings account for such 
                        student;
                            (ii) monitor the progress of such student 
                        online, which--
                                    (I) shall include monitoring 
                                student data relating to--
                                            (aa) grades and course 
                                        selections;
                                            (bb) progress reports; and
                                            (cc) attendance and 
                                        disciplinary records; and
                                    (II) may also include monitoring 
                                student data relating to a broad range 
                                of information, provided by teachers 
                                and family members, related to 
                                postsecondary education readiness, 
                                access, and completion;
                            (iii) provide opportunities for such 
                        students, either online or in person, to learn 
                        about financial literacy, including by--
                                    (I) assisting such students in 
                                financial planning for enrollment in an 
                                institution of higher education; and
                                    (II) assisting such students in 
                                identifying and applying for financial 
                                aid (such as loans, grants, and 
                                scholarships) for an institution of 
                                higher education;
                            (iv) provide opportunities for such 
                        students, either online or in person, to learn 
                        about preparing for enrollment in an 
                        institution of higher education, including by 
                        providing instruction to students about--
                                    (I) choosing the appropriate 
                                courses to prepare for postsecondary 
                                education;
                                    (II) applying to an institution of 
                                higher education;
                                    (III) building a student portfolio, 
                                which may be used when applying to an 
                                institution of higher education;
                                    (IV) selecting an institution of 
                                higher education;
                                    (V) choosing a major for the 
                                student's postsecondary program of 
                                education or a career path, including 
                                specific instruction on pursuing 
                                science, technology, engineering, and 
                                mathematics majors; and
                                    (VI) adapting to life at an 
                                institution of higher education; and
                            (v) provide opportunities for such 
                        students, either online or in person, to 
                        identify skills or interests, including career 
                        interests.
                    (B) Access to american dream account.--
                            (i) In general.--Subject to clause (iii) 
                        and (iv), and in accordance with applicable 
                        Federal laws and regulations relating to 
                        privacy of information and the privacy of 
                        children, an eligible entity that receives a 
                        grant under this subsection shall allow vested 
                        stakeholders described in clause (ii), to have 
                        secure access, through the Internet, to an 
                        American Dream Account.
                            (ii) Vested stakeholders.--The vested 
                        stakeholders that an eligible entity shall 
                        permit to access an American Dream Account are 
                        individuals (such as the student's teachers, 
                        school counselors, counselors at an institution 
                        of higher education, school administrators, or 
                        other individuals) that are designated, in 
                        accordance with the Family Educational Rights 
                        and Privacy Act of 1974 (20 U.S.C. 1232g), by 
                        the parent of a participating student in whose 
                        name such American Dream Account is held, as 
                        having permission to access the account. A 
                        student's parent may withdraw such designation 
                        from an individual at any time.
                            (iii) Exception for college savings 
                        account.--An eligible entity that receives a 
                        grant under this subsection shall not be 
                        required to give vested stakeholders described 
                        in clause (ii), access to the college savings 
                        account portion of a student's American Dream 
                        Account.
                            (iv) Adult students.--Notwithstanding 
                        clause (i) through (iii), if a participating 
                        student is age 18 or older, an eligible entity 
                        that receives a grant under this subsection 
                        shall not provide access to such participating 
                        student's American Dream Account without the 
                        student's consent, in accordance with the 
                        Family Educational Rights and Privacy Act of 
                        1974 (20 U.S.C. 1232g).
                            (v) Input of student information.--Student 
                        data collected pursuant to subparagraph 
                        (A)(ii)(I) may only be entered into an American 
                        Dream Account by a school administrator or such 
                        administrator's designee.
                    (C) Prohibition on use of student information.--An 
                eligible entity that receives a grant under this 
                subsection may not use any student-level information or 
                data for the purpose of soliciting, advertising, or 
                marketing any financial or nonfinancial consumer 
                product or service that is offered by such eligible 
                entity, or on behalf of any other person.
                    (D) Limitation on the use of grant funds.--An 
                eligible entity shall not use more than 25 percent of 
                the grant funds provided under this subsection to 
                provide the initial deposit into a college savings 
                account portion of a student's American Dream Account.
            (5) Reports and evaluations.--
                    (A) In general.--Not later than 1 year after the 
                Secretary of Education has disbursed grants under this 
                subsection, and annually thereafter, the Secretary of 
                Education shall prepare and submit a report to the 
                appropriate committees of Congress that includes an 
                evaluation of the effectiveness of the grant program 
                established under this subsection.
                    (B) Contents.--The report described in subparagraph 
                (A) shall--
                            (i) list the grants that have been awarded 
                        under paragraph (2)(A);
                            (ii) include the number of students who 
                        have an American Dream Account established 
                        through a grant awarded under paragraph (2)(A);
                            (iii) provide data (including the interest 
                        accrued on college savings accounts that are 
                        part of an American Dream Account) in the 
                        aggregate, regarding students who have an 
                        American Dream Account established through a 
                        grant awarded under paragraph (2)(A), as 
                        compared to similarly situated students who do 
                        not have an American Dream Account;
                            (iv) identify best practices developed by 
                        the eligible entities receiving grants under 
                        this subsection;
                            (v) identify any issues related to student 
                        privacy and stakeholder accessibility to 
                        American Dream Accounts;
                            (vi) provide feedback from participating 
                        students and the parents of such students about 
                        the grant program, including--
                                    (I) the impact of the program;
                                    (II) aspects of the program that 
                                are successful;
                                    (III) aspects of the program that 
                                are not successful; and
                                    (IV) any other data required by the 
                                Secretary of Education; and
                            (vii) provide recommendations for expanding 
                        the American Dream Accounts program.
            (6) Eligibility to receive federal student financial aid.--
        Notwithstanding any other provision of law, any funds that are 
        in the college savings account portion of a student's American 
        Dream Account shall not affect such student's eligibility to 
        receive Federal student financial aid, including any Federal 
        student financial aid under the Higher Education Act of 1965 
        (20 U.S.C. 1001), and shall not be considered in determining 
        the amount of any such Federal student aid.
    (f) Conforming Amendment.--Section 480(j) of the Higher Education 
Act of 1965 (20 U.S.C. 1087vv(j)) is amended by adding at the end the 
following:
            ``(5) Notwithstanding paragraph (1), amounts made available 
        under the college savings account portion of an American Dream 
        Account under section 4105(e)(4) of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 shall not be 
        treated as estimated financial assistance for purposes of 
        section 471(3).''.

SEC. 4105. H-1B AND L VISA FEES.

    Section 281 (8 U.S.C. 1351) is amended--
            (1) by striking ``The fees'' and inserting the following:
    ``(a) In General.--The fees'';
            (2) by striking ``: Provided, That nonimmigrant visas'' and 
        inserting the following: ``.
    ``(b) United Nations Visitors.--Nonimmigrant visas'';
            (3) by striking ``Subject to'' and inserting the following:
    ``(c) Fee Waivers or Reductions.--Subject to''; and
            (4) by adding at the end the following:
    ``(d) H-1B and L Visa Fees.--In addition to the fees authorized 
under subsection (a), the Secretary of Homeland Security shall collect, 
from each employer (except for nonprofit research institutions and 
nonprofit educational institutions) filing a petition to hire 
nonimmigrants described in subparagraph (H)(i)(B) or (L) of section 
101(a)(15), a fee in an amount equal to--
            ``(1) $1,250 for each such petition filed by any employer 
        with not more than 25 full-time equivalent employees in the 
        United States; and
            ``(2) $2,500 for each such petition filed by any employer 
        with more than 25 such employees.''.

           Subtitle B--H-1B Visa Fraud and Abuse Protections

           CHAPTER 1--H-1B EMPLOYER APPLICATION REQUIREMENTS

SEC. 4211. MODIFICATION OF APPLICATION REQUIREMENTS.

    (a) General Application Requirements.--
            (1) Wage rates.--Section 212(n)(1)(A) (8 U.S.C. 
        1182(n)(1)(A)) is amended--
                    (A) in clause (i)--
                            (i) in the matter preceding subclause (I), 
                        by inserting ``if the employer is not an H-1B-
                        dependent employer,'' before ``is offering'';
                            (ii) in subclause (I), by striking 
                        ``question, or'' and inserting ``question; 
                        or'';
                            (iii) in subclause (II), by striking 
                        ``employment,'' and inserting ``employment;'' 
                        and
                            (iv) in the undesignated material following 
                        subclause (II), by striking ``application, 
                        and'' and inserting ``application;''; and
                    (B) by striking clause (ii) and inserting the 
                following:
                    ``(ii) if the employer is an H-1B-dependent 
                employer, is offering and will offer to H-1B 
                nonimmigrants, during the period of authorized 
                employment for each H-1B nonimmigrant, wages that are 
                not less than the level 2 wages set out in subsection 
                (p); and
                    ``(iii) will provide working conditions for H-1B 
                nonimmigrants that will not adversely affect the 
                working conditions of other workers similarly 
                employed.''.
            (2) Strengthening the prevailing wage system.--Section 
        212(p) (8 U.S.C. 1182(p)) is amended to read as follows:
    ``(p) Computation of Prevailing Wage Level.--
            ``(1) In general.--
                    ``(A) Surveys.--For employers of nonimmigrants 
                admitted pursuant to section 101(a)(15)(H)(i)(b), the 
                Secretary of Labor shall make available to employers a 
                governmental survey to determine the prevailing wage 
                for each occupational classification by metropolitan 
                statistical area in the United States. Such survey, or 
                other survey approved by the Secretary of Labor, shall 
                provide 3 levels of wages commensurate with experience, 
                education, and level of supervision. Such wage levels 
                shall be determined as follows:
                            ``(i) The first level shall be the mean of 
                        the lowest two-thirds of wages surveyed, but in 
                        no case less than 80 percent of the mean of the 
                        wages surveyed.
                            ``(ii) The second level shall be the mean 
                        of wages surveyed.
                            ``(iii) The third level shall be the mean 
                        of the highest two-thirds of wages surveyed.
                    ``(B) Educational, nonprofit, research, and 
                governmental entities.--In computing the prevailing 
                wage level for an occupational classification in an 
                area of employment for purposes of section 203(b)(1)(D) 
                and subsections (a)(5)(A), (n)(1)(A)(i)(II), and 
                (t)(1)(A)(i)(II) of this section in the case of an 
                employee of--
                            ``(i) an institution of higher education, 
                        or a related or affiliated nonprofit entity; or
                            ``(ii) a nonprofit research organization or 
                        a governmental research organization;
                the prevailing wage level shall only take into account 
                employees at such institutions and organizations in the 
                area of employment.
            ``(2) Payment of prevailing wage.--The prevailing wage 
        level required to be paid pursuant to section 203(b)(1)(D) and 
        subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) 
        of this section shall be 100 percent of the wage level 
        determined pursuant to those sections.
            ``(3) Professional athlete.--With respect to a professional 
        athlete (as defined in subsection (a)(5)(A)(iii)(II)) when the 
        job opportunity is covered by professional sports league rules 
        or regulations, the wage set forth in those rules or 
        regulations shall be considered as not adversely affecting the 
        wages of United States workers similarly employed and shall be 
        considered the prevailing wage.
            ``(4) Wages for h-2b employees.--
                    ``(A) In general.--The wages paid to H-2B 
                nonimmigrants employed by the employer will be the 
                greater of--
                            ``(i) the actual wage level paid by the 
                        employer to other employees with similar 
                        experience and qualifications for such 
                        position; or
                            ``(ii) the prevailing wage level for the 
                        occupational classification of the position in 
                        the geographic area of the employment, based on 
                        the best information available as of the time 
                        of filing the application.
                    ``(B) Best information available.--In subparagraph 
                (A), the term `best information available', with 
                respect to determining the prevailing wage for a 
                position, means--
                            ``(i) a controlling collective bargaining 
                        agreement or Federal contract wage, if 
                        applicable;
                            ``(ii) if there is no applicable wage under 
                        clause (i), the wage level commensurate with 
                        the experience, training, and supervision 
                        required for the job based on Bureau of Labor 
                        Statistics data; or
                            ``(iii) if the data referred to in clause 
                        (ii) is not available, a legitimate and recent 
                        private survey of the wages paid for such 
                        positions in the metropolitan statistical 
                        area.''.
            (3) Wages for educational, nonprofit, research, and 
        governmental entities.--Section 212 (8 U.S.C. 1182), as amended 
        by sections 2312 and 2313, is further amended by adding at the 
        end the following:
    ``(x) Determination of Prevailing Wage.--In the case of a nonprofit 
institution of higher education (as defined in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a))), a related or 
affiliated nonprofit entity, a nonprofit research organization, or a 
governmental research organization, the Secretary of Labor shall 
determine such wage levels as follows:
            ``(1) If the Secretary of Labor uses, or makes available to 
        employers, a governmental survey to determine the prevailing 
        wage, such survey shall provide at least 4 levels of wages 
        commensurate with experience, education, and the level of 
        supervision.
            ``(2) If an existing government survey has only 2 levels, 2 
        intermediate levels may be created by dividing by 3, the 
        difference between the 2 levels offered, adding the quotient 
        thus obtained to the first level and subtracting that quotient 
        from the second level.
            ``(3) For institutions of higher education, only teaching 
        positions and research positions may be paid using this special 
        educational wage level.
            ``(4) In computing the prevailing wage level for an 
        occupational classification in an area of employment for 
        purposes of subsections (a)(5)(A), (n)(1)(A)(i)(II), and 
        (t)(1)(A)(i)(II) and section 203(b)(1)(D) for an employee of an 
        institution of higher education, or a related or affiliated 
        nonprofit entity or a nonprofit research organization or a 
        governmental research organization, the prevailing wage level 
        shall only take into account employees at such institutions and 
        organizations in the area of employment.''.
    (b) Internet Posting Requirement.--Section 212(n)(1)(C) (8 U.S.C. 
1182(n)(1)(C)) is amended--
            (1) by redesignating clause (ii) as subclause (II);
            (2) by striking ``(i) has provided'' and inserting the 
        following:
                    ``(ii)(I) has provided'';
            (3) by striking ``sought, or'' and inserting ``sought; 
        or''; and
            (4) by inserting before clause (ii), as redesignated by 
        paragraph (2), the following:
                    ``(i) has advertised on the Internet website 
                maintained by the Secretary of Labor for the purpose of 
                such advertising, for at least 30 calendar days, a 
                detailed description of each position for which a 
                nonimmigrant is sought that includes a description of--
                            ``(I) the wage ranges and other terms and 
                        conditions of employment;
                            ``(II) the minimum education, training, 
                        experience, and other requirements for the 
                        position;
                            ``(III) the process for applying for the 
                        position;
                            ``(IV) the title and description of the 
                        position, including the location where the work 
                        will be performed; and
                            ``(V) the name, city, and zip code of the 
                        employer; and''.
    (c) Application of Requirements to All Employers.--
            (1) Nondisplacement.--Section 212(n)(1)(E) (8 U.S.C. 
        1182(n)(1)(E)) is amended to read as follows:
            ``(E)(i)(I) In the case of an application filed by an 
        employer that is an H-1B skilled worker dependent employer, and 
        is not an H-1B dependent employer, the employer did not 
        displace and will not displace a United States worker employed 
        by the employer during the period beginning 90 days before the 
        date on which a visa petition supported by the application is 
        filed and ending 90 days after such filing.
            ``(II) An employer that is not an H-1B skilled worker 
        dependent employer shall not be subject to subclause (I) 
        unless--
                    ``(aa) the employer is filing the H-1B petition 
                with the intent or purpose of displacing a specific 
                United States worker from the position to be occupied 
                by the beneficiary of the petition; or
                    ``(bb) workers are displaced who--
                            ``(AA) provide services, in whole or in 
                        part, at 1 or more worksites owned, operated, 
                        or controlled by a Federal, State, or local 
                        government entity, other than a public 
                        institution of higher education, that directs 
                        and controls the work of the H-1B worker; or
                            ``(BB) are employed as public school 
                        kindergarten, elementary, middle school, or 
                        secondary school teachers.
            ``(ii)(I) In the case of an application filed by an H-1B-
        dependent employer, the employer did not displace and will not 
        displace a United States worker employed by the employer within 
        the period beginning 180 days before the date on which a visa 
        petition supported by the application is filed and ending 180 
        days after such filing.
            ``(II) An application described in this clause is an 
        application filed on or after the date final regulations are 
        first promulgated to carry out this subparagraph, and before by 
        an H-1B-dependent employer (as defined in paragraph (3)) or by 
        an employer that has been found, on or after the date of the 
        enactment of the American Competitiveness and Workforce 
        Improvement Act of 1998, under paragraph (2)(C) or (5) to have 
        committed a willful failure or misrepresentation during the 5-
        year period preceding the filing of the application.
            ``(iii) In this subparagraph, the term `job zone' means a 
        zone assigned to an occupation by--
                    ``(I) the Occupational Information Network Database 
                (O*NET) on the date of the enactment of this Act; or
                    ``(II) such database or a similar successor 
                database, as designated by the Secretary of Labor, 
                after the date of the enactment of Border Security, 
                Economic Opportunity, and Immigration Modernization 
                Act.''.
            (2) Recruitment.--Section 212(n)(1)(G) (8 U.S.C. 
        1182(n)(1)(G)) is amended to read as follows:
            ``(G) An employer, prior to filing the application--
                    ``(i) has taken good faith steps to recruit United 
                States workers for the occupational classification for 
                which the nonimmigrant or nonimmigrants is or are 
                sought, using procedures that meet industry-wide 
                standards and offering compensation that is at least as 
                great as that required to be offered to H-1B 
                nonimmigrants under subparagraph (A);
                    ``(ii) has advertised the job on an Internet 
                website maintained by the Secretary of Labor for the 
                purpose of such advertising; and
                    ``(iii) if the employer is an H-1B skilled worker 
                dependent employer, has offered the job to any United 
                States worker who applies and is equally or better 
                qualified for the job for which the nonimmigrant or 
                nonimmigrants is or are sought.''.
    (d) Outplacement.--Section 212(n)(1)(F) (8 U.S.C. 1182(n)(1)(F)) is 
amended to read as follows:
                    ``(F)(i) An H-1B-dependent employer may not place, 
                outsource, lease, or otherwise contract for the 
                services or placement of an H-1B nonimmigrant employee.
                    ``(ii) An employer that is not an H-1B-dependent 
                employer and not described in paragraph (3)(A)(i) may 
                not place, outsource, lease, or otherwise contract for 
                the services or placement of an H-1B nonimmigrant 
                employee unless the employer pays a fee of $500 per 
                outplaced worker.
                    ``(iii) A fee collected under clause (ii) shall be 
                deposited in the Comprehensive Immigration Reform Trust 
                Fund established under section 6 of the Border 
                Security, Economic Opportunity, and Immigration 
                Modernization Act.
                    ``(iv) An H-1B dependent employer shall be exempt 
                from the prohibition on outplacement under clause (i) 
                if the employer is a nonprofit institution of higher 
                education, a nonprofit research organization, or 
                primarily a health care business and is petitioning for 
                a physician, a nurse, or a physical therapist or a 
                substantially equivalent health care occupation. Such 
                employer shall be subject to the fee set forth in 
                clause (ii).''.
    (e) H-1B-dependent Employer Defined.--Section 212(n)(3) (8 U.S.C. 
1182(n)(3)) is amended to read as follows:
    ``(3)(A) The term `H-1B-dependent employer' means an employer 
(other than nonprofit education and research institutions) that--
            ``(i) in the case of an employer that has 25 or fewer full-
        time equivalent employees who are employed in the United 
        States, employs more than 7 H-1B nonimmigrants;
            ``(ii) in the case of an employer that has at least 26 but 
        not more than 50 full-time equivalent employees who are 
        employed in the United States, employs more than 12 H-1B 
        nonimmigrants; or
            ``(iii) in the case of an employer that has at least 51 
        full-time equivalent employees who are employed in the United 
        States, employs H-1B nonimmigrants in a number that is equal to 
        at least 15 percent of the number of such full-time equivalent 
        employees.
    ``(B) In determining the number of employees who are H-1B 
nonimmigrants under subparagraph (A)(ii), an intending immigrant 
employee shall not count toward such number.''.
    (f) H-1B Skilled Worker Dependent Defined.--Section 212(n)(3) (8 
U.S.C. 1182(n)(3)) is amended--
            (1) by redesignating subparagraph (B) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (A) the following:
    ``(B)(i) For purposes of this subsection, an `H-1B skilled worker 
dependent employer' means an employer (other than nonprofit education 
and research institutions) that employs H-1B nonimmigrants in the 
United States in a number that in total is equal to at least 15 percent 
of the number of its full-time equivalent employees in the United 
States employed in occupations contained within Occupational 
Information Network Database (O*NET) Job Zone 4 and Job Zone 5.
    ``(ii) An H-1B nonimmigrant who is an intending immigrant shall be 
counted as a United States worker in making a determination under 
clause (i).''.
    (g) Intending Immigrants Defined.--Section 101(a) (8 U.S.C. 
1101(a)), as amended by section 3504(a), is further amended by adding 
at the end the following:
            ``(54)(A) The term `intending immigrant' means, with 
        respect to the number of aliens employed by an employer, an 
        alien who intends to work and reside permanently in the United 
        States, as evidenced by--
                    ``(i) a pending or approved application for a labor 
                certification filed for such alien by a covered 
                employer; or
                    ``(ii) a pending or approved immigrant status 
                petition filed for such alien by a covered employer.
            ``(B) In this paragraph:
                    ``(i) The term `covered employer' means an employer 
                that has filed immigrant status petitions for not less 
                than 90 percent of current employees who were the 
                beneficiaries of applications for labor certification 
                that were approved during the 1-year period ending 6 
                months before the filing of an application or petition 
                for which the number of intending immigrants is 
                relevant.
                    ``(ii) The term `immigrant status petition' means a 
                petition filed under paragraph (1), (2), or (3) of 
                section 203(b).
                    ``(iii) The term `labor certification' means an 
                employment certification under section 212(a)(5)(A).
            ``(C) Notwithstanding any other provision of law--
                    ``(i) for all calculations under this Act, of the 
                number of aliens admitted pursuant to subparagraph 
                (H)(i)(b) or (L) of paragraph (15), an intending 
                immigrant shall be counted as an alien lawfully 
                admitted for permanent residence and shall not be 
                counted as an employee admitted pursuant to such a 
                subparagraph; and
                    ``(ii) for all determinations of the number of 
                employees or United States workers employed by an 
                employer, all of the employees in any group treated as 
                a single employer under subsection (b), (c), (m), or 
                (o) of section 414 of the Internal Revenue Code of 1986 
                shall be counted.''.

SEC. 4212. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES IN HEALTH 
              PROFESSIONAL SHORTAGE AREAS.

    (a) Extension of Period of Authorized Admission.--Section 212(m)(3) 
(8 U.S.C. 1182(m)(3)) is amended to read as follows:
    ``(3) The initial period of authorized admission as a nonimmigrant 
under section 101(a)(15)(H)(i)(c) shall be 3 years, and may be extended 
once for an additional 3-year period.''.
    (b) Number of Visas.--Section 212(m)(4) (8 U.S.C. 1182(m)(4)) is 
amended by striking ``500.'' and inserting ``300.''.
    (c) Portability.--Section 214(n) (8 U.S.C. 1184(n)), as amended by 
section 4103(b), is further amended by adding at the end the following:
    ``(4)(A) A nonimmigrant alien described in subparagraph (B) who was 
previously issued a visa or otherwise provided nonimmigrant status 
under section 101(a)(15)(H)(i)(c) is authorized to accept new 
employment performing services as a registered nurse for a facility 
described in section 212(m)(6) upon the filing by the prospective 
employer of a new petition on behalf of such nonimmigrant as provided 
under subsection (c). Employment authorization shall continue for such 
alien until the new petition is adjudicated. If the new petition is 
denied, such authorization shall cease.
    ``(B) A nonimmigrant alien described in this paragraph is a 
nonimmigrant alien--
            ``(i) who has been lawfully admitted into the United 
        States;
            ``(ii) on whose behalf an employer has filed a nonfrivolous 
        petition for new employment before the date of expiration of 
        the period of stay authorized by the Secretary of Homeland 
        Security, except that, if a nonimmigrant described in section 
        101(a)(15)(H)(i)(c) is terminated or laid off by the 
        nonimmigrant's employer, or otherwise ceases employment with 
        the employer, such petition for new employment shall be filed 
        during the 60-day period beginning on the date of such 
        termination, lay off, or cessation; and
            ``(iii) who, subsequent to such lawful admission, has not 
        been employed without authorization in the United States before 
        the filing of such petition.''.
    (d) Applicability.--
            (1) In general.--Beginning on the commencement date 
        described in paragraph (2), the amendments made by section 2 of 
        the Nursing Relief for Disadvantaged Areas Act of 1999 (Public 
        Law 106-95; 113 Stat. 1313), and the amendments made by this 
        section, shall apply to classification petitions filed for 
        nonimmigrant status. This period shall be in addition to the 
        period described in section 2(e) of the Nursing Relief for 
        Disadvantaged Areas Act of 1999 (8 U.S.C. 1182 note).
            (2) Commencement date.--Not later than 60 days after the 
        date of the enactment of this Act, the Secretary shall 
        determine whether regulations are necessary to implement the 
        amendments made by this section. If the Secretary determines 
        that no such regulations are necessary, the commencement date 
        described in this paragraph shall be the date of such 
        determination. If the Secretary determines that regulations are 
        necessary to implement any amendment made by this section, the 
        commencement date described in this paragraph shall be the date 
        on which such regulations (in final form) take effect.

SEC. 4213. NEW APPLICATION REQUIREMENTS.

    Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by inserting 
after clause (iii) of subparagraph (G), as amended by section 
4211(c)(2), the following:
            ``(H)(i) The employer has not advertised any available 
        position specified in the application in an advertisement that 
        states or indicates that--
                    ``(I) such position is only available to an 
                individual who is or will be an H-1B nonimmigrant or an 
                alien participating in optional practical training 
                pursuant to section 101(a)(15)(F)(i); or
                    ``(II) an individual who is or will be an H-1B 
                nonimmigrant or participant in such optional practical 
                training shall receive priority or a preference in the 
                hiring process for such position.
            ``(ii) The employer has not solely recruited individuals 
        who are or who will be H-1B nonimmigrants or participants in 
        optional practical training pursuant to section 
        101(a)(15)(F)(i) to fill such position.
            ``(I)(i) If the employer (other than an educational or 
        research employer) employs 50 or more employees in the United 
        States, the sum of the number of such employees who are H-1B 
        nonimmigrants plus the number of such employees who are 
        nonimmigrants described in section 101(a)(15)(L) may not 
        exceed--
                    ``(I) 75 percent of the total number of employees, 
                for fiscal year 2015;
                    ``(II) 65 percent of the total number of employees, 
                for fiscal year 2016; and
                    ``(III) 50 percent of the total number of 
                employees, for each fiscal year after fiscal year 2016.
            ``(ii) In this subparagraph:
                    ``(I) The term `educational or research employer' 
                means an employer that is a nonprofit institution of 
                higher education or a nonprofit research organization 
                described in section 501(c)(3) of the Internal Revenue 
                Code of 1986 and exempt from taxation under 501(a) of 
                that Code.
                    ``(II) The term `H-1B nonimmigrant' means an alien 
                admitted as a nonimmigrant pursuant to section 
                101(a)(15)(H)(i)(b).
                    ``(III) The term `L nonimmigrant' means an alien 
                admitted as a nonimmigrant pursuant to section 
                101(a)(15)(L) to provide services to his or her 
                employer involving specialized knowledge.
            ``(iii) In determining the percentage of employees of an 
        employer that are H-1B nonimmigrants or L nonimmigrants under 
        clause (i), an intending immigrant employee shall not count 
        toward such percentage.
            ``(J) The employer shall submit to the Secretary of 
        Homeland Security an annual report that includes the Internal 
        Revenue Service Form W-2 Wage and Tax Statement filed by the 
        employer for each H-1B nonimmigrant employed by the employer 
        during the previous year.''.

SEC. 4214. APPLICATION REVIEW REQUIREMENTS.

    (a) Technical Amendment.--Section 212(n)(1) (8 U.S.C. 1182(n)(1)), 
as amended by section 4213, is further amended in the undesignated 
paragraph at the end, by striking ``The employer'' and inserting the 
following:
            ``(K) The employer''.
    (b) Application Review Requirements.--Subparagraph (K) of such 
section 212(n)(1), as designated by subsection (a), is amended--
            (1) by inserting ``and through the Department of Labor's 
        website, without charge.'' after ``D.C.'';
            (2) by striking ``only for completeness'' and inserting 
        ``for completeness and evidence of fraud or misrepresentation 
        of material fact,'';
            (3) by striking ``or obviously inaccurate'' and inserting 
        ``, presents evidence of fraud or misrepresentation of material 
        fact, or is obviously inaccurate'';
            (4) by striking ``within 7 days of the'' and inserting 
        ``not later than 14 days after''; and
            (5) by adding at the end the following: ``If the 
        Secretary's review of an application identifies evidence of 
        fraud or misrepresentation of material fact, the Secretary may 
        conduct an investigation and hearing in accordance with 
        paragraph (2).''.
    (c) Filing of Petition for Nonimmigrant Worker.--Section 212(n)(1) 
(8 U.S.C. 1182(n)(1)), as amended by section 4213, is further amended 
by adding at the end the following:
            ``(L) An I-129 Petition for Nonimmigrant Worker (or similar 
        successor form)--
                    ``(i) may be filed by an employer with the 
                Secretary of Homeland Security prior to the date the 
                employer receives an approved certification described 
                in section 101(a)(15)(H)(i)(b) from the Secretary of 
                Labor; and
                    ``(ii) may not be approved by the Secretary of 
                Homeland Security until the date such certification is 
                approved.''.

  CHAPTER 2--INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST H-1B 
                               EMPLOYERS

SEC. 4221. GENERAL MODIFICATION OF PROCEDURES FOR INVESTIGATION AND 
              DISPOSITION.

    Section 212(n) (8 U.S.C. 1182(n)) is amended--
            (1) in paragraph (2)(A)--
                    (A) by striking ``(A) Subject'' and inserting 
                ``(A)(i) Subject'';
                    (B) by inserting after the first sentence the 
                following: ``Such process shall include publicizing a 
                dedicated toll-free number and publicly available 
                Internet website for the submission of such 
                complaints.'';
                    (C) by striking ``12 months'' and inserting ``24 
                months'';
                    (D) by striking the last sentence and inserting the 
                following: ``The Secretary shall issue regulations 
                requiring that employers that employ H-1B 
                nonimmigrants, other than nonprofit institutions of 
                higher education and nonprofit research organizations, 
                through posting of notices or other appropriate means, 
                inform their employees of such toll-free number and 
                Internet website and of their right to file complaints 
                pursuant to this paragraph.''; and
                    (E) by adding at the end the following:
                    ``(ii)(I) Upon the receipt of such a complaint, the 
                Secretary may initiate an investigation to determine if 
                such a failure or misrepresentation has occurred.
                    ``(II) The Secretary may conduct voluntary surveys 
                of the degree to which employers comply with the 
                requirements of this subsection.
                    ``(III) The Secretary shall--
                            ``(aa) conduct annual compliance audits of 
                        each employer with more than 100 employees who 
                        work in the United States if more than 15 
                        percent of such employees are H-1B 
                        nonimmigrants; and
                            ``(bb) make available to the public an 
                        executive summary or report describing the 
                        general findings of the audits carried out 
                        pursuant to this subclause.''; and
            (2) by adding at the end the following new paragraph:
            ``(6) Report required.--Not later than 1 year after the 
        date of the enactment of the Border Security, Economic 
        Opportunity, and Immigration Modernization Act, and every 5 
        years thereafter, the Inspector General of the Department of 
        Labor shall submit a report regarding the Secretary's 
        enforcement of the requirements of this section to the 
        Committee on the Judiciary and the Committee on Health, 
        Education, Labor, and Pensions of the Senate and the Committee 
        on the Judiciary and the Committee on Education and the 
        Workforce of the House of Representatives.''.

SEC. 4222. INVESTIGATION, WORKING CONDITIONS, AND PENALTIES.

    Subparagraph (C) of section 212(n)(2) (8 U.S.C. 1182(n)(2)) is 
amended--
            (1) in clause (i)--
                    (A) in the matter preceding subclause (I)--
                            (i) by striking ``a condition of paragraph 
                        (1)(B), (1)(E), or (1)(F)'' and inserting ``a 
                        condition under subparagraph (A), (B), (C)(i), 
                        (E), (F), (G), (H), (I), or (J) of paragraph 
                        (1)''; and
                            (ii) by striking ``(1)(C)'' and inserting 
                        ``(1)(C)(ii)'';
                    (B) in subclause (I)--
                            (i) by striking ``$1,000'' and inserting 
                        ``$2,000''; and
                            (ii) by striking ``and'' at the end;
                    (C) in subclause (II), by striking the period at 
                the end and inserting a semicolon and ``and''; and
                    (D) by adding at the end the following:
            ``(III) an employer that violates such subparagraph (A) 
        shall be liable to any employee harmed by such violations for 
        lost wages and benefits.''; and
            (2) in clause (ii)--
                    (A) in subclause (I)--
                            (i) by striking ``may'' and inserting 
                        ``shall''; and
                            (ii) by striking ``$5,000'' and inserting 
                        ``$10,000'';
                    (B) in subclause (II), by striking the period at 
                the end and inserting a semicolon and ``and''; and
                    (C) by adding at the end the following:
            ``(III) an employer that violates such subparagraph (A) 
        shall be liable to any employee harmed by such violations for 
        lost wages and benefits.'';
            (3) in clause (iii)--
                    (A) in the matter preceding subclause (I), by 
                striking ``90 days'' both places it appears and 
                inserting ``180 days'';
                    (B) in subclause (I)--
                            (i) by striking ``may'' and inserting 
                        ``shall''; and
                            (ii) by striking ``and'' at the end;
                    (C) in subclause (II), by striking the period at 
                the end and inserting a semicolon and ``and''; and
                    (D) by adding at the end the following:
            ``(III) an employer that violates subparagraph (A) of such 
        paragraph shall be liable to any employee harmed by such 
        violations for lost wages and benefits.'';
            (4) in clause (iv)--
                    (A) by inserting ``to take, or threaten to take, a 
                personnel action, or'' before ``to intimidate'';
                    (B) by inserting ``(I)'' after ``(iv)''; and
                    (C) by adding at the end the following:
            ``(II) An employer that violates this clause shall be 
        liable to any employee harmed by such violation for lost wages 
        and benefits.''; and
            (5) in clause (vi)--
                    (A) by amending subclause (I) to read as follows:
            ``(I) It is a violation of this clause for an employer who 
        has filed an application under this subsection--
                    ``(aa) to require an H-1B nonimmigrant to pay a 
                penalty for ceasing employment with the employer prior 
                to a date agreed to by the nonimmigrant and the 
                employer (the Secretary shall determine whether a 
                required payment is a penalty, and not liquidated 
                damages, pursuant to relevant State law); and
                    ``(bb) to fail to offer to an H-1B nonimmigrant, 
                during the nonimmigrant's period of authorized 
                employment, on the same basis, and in accordance with 
                the same criteria, as the employer offers to similarly 
                situated United States workers, benefits and 
                eligibility for benefits, including--
                            ``(AA) the opportunity to participate in 
                        health, life, disability, and other insurance 
                        plans;
                            ``(BB) the opportunity to participate in 
                        retirement and savings plans; and
                            ``(CC) cash bonuses and noncash 
                        compensation, such as stock options (whether or 
                        not based on performance).''; and
                    (B) in subclause (III), by striking ``$1,000'' and 
                inserting ``$2,000''.

SEC. 4223. INITIATION OF INVESTIGATIONS.

    Subparagraph (G) of section 212(n)(2) (8 U.S.C. 1182(n)(2)) is 
amended--
            (1) in clause (i), by striking ``if the Secretary'' and all 
        that follows and inserting ``with regard to the employer's 
        compliance with the requirements of this subsection.'';
            (2) in clause (ii), by striking ``and whose identity'' and 
        all that follows through ``failure or failures.'' and inserting 
        ``the Secretary of Labor may conduct an investigation into the 
        employer's compliance with the requirements of this 
        subsection.'';
            (3) in clause (iii), by striking the last sentence;
            (4) by striking clauses (iv) and (v);
            (5) by redesignating clauses (vi), (vii), and (viii) as 
        clauses (iv), (v), and (vi), respectively;
            (6) in clause (iv), as so redesignated, by striking ``meet 
        a condition described in clause (ii), unless the Secretary of 
        Labor receives the information not later than 12 months'' and 
        inserting ``comply with the requirements under this subsection, 
        unless the Secretary of Labor receives the information not 
        later than 24 months'';
            (7) by amending clause (v), as so redesignated, to read as 
        follows:
            ``(v) The Secretary of Labor shall provide notice to an 
        employer of the intent to conduct an investigation. The notice 
        shall be provided in such a manner, and shall contain 
        sufficient detail, to permit the employer to respond to the 
        allegations before an investigation is commenced. The Secretary 
        is not required to comply with this clause if the Secretary 
        determines that such compliance would interfere with an effort 
        by the Secretary to investigate or secure compliance by the 
        employer with the requirements of this subsection. A 
        determination by the Secretary under this clause shall not be 
        subject to judicial review.'';
            (8) in clause (vi), as so redesignated, by striking ``An 
        investigation'' and all that follows through ``the 
        determination.'' and inserting ``If the Secretary of Labor, 
        after an investigation under clause (i) or (ii), determines 
        that a reasonable basis exists to make a finding that the 
        employer has failed to comply with the requirements under this 
        subsection, the Secretary shall provide interested parties with 
        notice of such determination and an opportunity for a hearing 
        in accordance with section 556 of title 5, United States Code, 
        not later than 120 days after the date of such 
        determination.''; and
            (9) by adding at the end the following:
            ``(vii) If the Secretary of Labor, after a hearing, finds a 
        reasonable basis to believe that the employer has violated the 
        requirements under this subsection, the Secretary shall impose 
        a penalty under subparagraph (C).''.

SEC. 4224. INFORMATION SHARING.

    Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by sections 
4222 and 4223, is further amended by adding at the end the following:
    ``(J) The Director of U.S. Citizenship and Immigration Services 
shall provide the Secretary of Labor with any information contained in 
the materials submitted by employers of H-1B nonimmigrants as part of 
the adjudication process that indicates that the employer is not 
complying with visa program requirements for H-1B nonimmigrants. The 
Secretary of Labor may initiate and conduct an investigation related to 
H-1B nonimmigrants and a hearing under this paragraph after receiving 
information of noncompliance under this subparagraph. This subparagraph 
may not be construed to prevent the Secretary of Labor from taking 
action related to wage and hour and workplace safety laws.
    ``(K) The Secretary of Labor shall facilitate the posting of the 
descriptions described in paragraph (1)(C)(i) on the Internet website 
of the State labor or workforce agency for the State in which the 
position will be primarily located during the same period as the 
posting under paragraph (1)(C)(i).''.

SEC. 4225. TRANSPARENCY OF HIGH-SKILLED IMMIGRATION PROGRAMS.

    Section 416(c) of the American Competitiveness and Workforce 
Improvement Act of 1998 (8 U.S.C. 1184 note) is amended--
            (1) by amending paragraph (2) to read as follows:
            ``(2) Annual h-1b nonimmigrant characteristics report.--The 
        Bureau of Immigration and Labor Market Research shall submit an 
        annual report to the Committee on the Judiciary of the Senate 
        and the Committee on the Judiciary of the House of 
        Representatives that contains--
                    ``(A) information on the countries of origin of, 
                occupations of, educational levels attained by, and 
                compensation paid to, aliens who were issued visas or 
                otherwise provided nonimmigrant status under section 
                101(a)(15)(H)(i)(b) of the Immigration and Nationality 
                Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) during the previous 
                fiscal year;
                    ``(B) a list of all employers who petition for H-1B 
                visas, the number of such petitions filed and approved 
                for each such employer, the occupational 
                classifications for the approved positions, and the 
                number of H-1B nonimmigrants for whom each such 
                employer files for adjustment to permanent resident 
                status;
                    ``(C) the number of immigrant status petitions 
                filed during the prior year on behalf of H-1B 
                nonimmigrants;
                    ``(D) a list of all employers who are H-1B-
                dependent employers;
                    ``(E) a list of all employers who are H-1B skilled 
                worker dependent employers;
                    ``(F) a list of all employers for whom more than 30 
                percent of their United States workforce is H-1B or L-1 
                nonimmigrants;
                    ``(G) a list of all employers for whom more than 50 
                percent of their United States workforce is H-1B or L-1 
                nonimmigrants;
                    ``(H) a gender breakdown by occupation and by 
                country of H-1B nonimmigrants;
                    ``(I) a list of all employers who have been 
                approved to conduct outplacement of H-1B nonimmigrants; 
                and
                    ``(J) the number of H-1B nonimmigrants categorized 
                by their highest level of education and whether such 
                education was obtained in the United States or in a 
                foreign country.'';
            (2) by redesignating paragraph (3) as paragraph (5);
            (3) by inserting after paragraph (2) the following:
            ``(3) Annual l-1 nonimmigrant characteristics report.--The 
        Bureau of Immigration and Labor Market Research shall submit an 
        annual report to the Committee on the Judiciary of the Senate 
        and the Committee on the Judiciary of the House of 
        Representatives that contains--
                    ``(A) information on the countries of origin of, 
                occupations of, educational levels attained by, and 
                compensation paid to, aliens who were issued visas or 
                otherwise provided -nonimmigrant status under section 
                101(a)(15)(L) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(15)(L)) during the previous fiscal year;
                    ``(B) a list of all employers who petition for L-1 
                visas, the number of such petitions filed and approved 
                for each such employer, the occupational 
                classifications for the approved positions, and the 
                number of L-1 nonimmigrants for whom each such employer 
                files for adjustment to permanent resident status;
                    ``(C) the number of immigrant status petitions 
                filed during the prior year on behalf of L-1 
                nonimmigrants;
                    ``(D) a list of all employers who are L-1 dependent 
                employers;
                    ``(E) a gender breakdown by occupation and by 
                country of L-1 nonimmigrants;
                    ``(F) a list of all employers who have been 
                approved to conduct outplacement of L-1 nonimmigrants; 
                and
                    ``(G) the number of L-1 nonimmigrants categorized 
                by their highest level of education and whether such 
                education was obtained in the United States or in a 
                foreign country.
            ``(4) Annual employer survey.--The Bureau of Immigration 
        and Labor Market Research shall--
                    ``(A) conduct an annual survey of employers hiring 
                foreign nationals under the L-1 visa program; and
                    ``(B) shall issue an annual report that--
                            ``(i) describes the methods employers are 
                        using to meet the requirement of taking good 
                        faith steps to recruit United States workers 
                        for the occupational classification for which 
                        the nonimmigrants are sought, using procedures 
                        that meet industry-wide standards;
                            ``(ii) describes the best practices for 
                        recruiting among employers; and
                            ``(iii) contains recommendations on which 
                        recruiting steps employers can take to maximize 
                        the likelihood of hiring American workers.''; 
                        and
            (4) in paragraph (5), as redesignated, by striking 
        ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''.

                      CHAPTER 3--OTHER PROTECTIONS

SEC. 4231. POSTING AVAILABLE POSITIONS THROUGH THE DEPARTMENT OF LABOR.

    (a) Department of Labor Website.--Section 212(n) (8 U.S.C. 
1182(n)), as amended by section 4221(2), is further amended by adding 
at the end following:
    ``(7)(A) Not later than 90 days after the date of the enactment of 
the Border Security, Economic Opportunity, and Immigration 
Modernization Act, the Secretary of Labor shall establish a searchable 
Internet website for posting positions as required by paragraph (1)(C). 
Such website shall be available to the public without charge.
    ``(B) The Secretary may work with private companies or nonprofit 
organizations to develop and operate the Internet website described in 
subparagraph (A).
    ``(C) The Secretary may promulgate rules, after notice and a period 
for comment, to carry out the requirements of this paragraph.''.
    (b) Requirement for Publication.--The Secretary of Labor shall 
submit to Congress and publish in the Federal Register and other 
appropriate media a notice of the date that the Internet website 
required by paragraph (6) of section 212(n) of the Immigration and 
Nationality Act, as amended by subsection (a), will be operational.
    (c) Application.--The amendments made by subsection (a) shall apply 
to an application filed on or after the date that is 30 days after the 
date described in subsection (b).

SEC. 4232. REQUIREMENTS FOR INFORMATION FOR H-1B AND L NONIMMIGRANTS.

    (a) In General.--Section 214 (8 U.S.C. 1184), as amended by section 
3608, is further amended by adding at the end the following:
    ``(t) Requirements for Information for H-1B and L Nonimmigrants.--
            ``(1) In general.--Upon issuing a visa to an applicant for 
        nonimmigrant status pursuant to subparagraph (H)(i)(b) or (L) 
        of section 101(a)(15) who is outside the United States, the 
        issuing office shall provide the applicant with--
                    ``(A) a brochure outlining the obligations of the 
                applicant's employer and the rights of the applicant 
                with regard to employment under Federal law, including 
                labor and wage protections; and
                    ``(B) the contact information for appropriate 
                Federal agencies or departments that offer additional 
                information or assistance in clarifying such 
                obligations and rights.
            ``(2) Provision of material.--Upon the approval of an 
        application of an applicant referred to in paragraph (1), the 
        applicant shall be provided with the material described in 
        subparagraphs (A) and (B) of paragraph (1)--
                    ``(A) by the issuing officer of the Department of 
                Homeland Security, if the applicant is inside the 
                United States; or
                    ``(B) by the appropriate official of the Department 
                of State, if the applicant is outside the United 
                States.
            ``(3) Employer to provide immigration paperwork exchanged 
        with federal agencies.--
                    ``(A) In general.--Not later than 30 days after a 
                labor condition application is filed under section 
                212(n)(1), an employer shall provide an employee or 
                beneficiary of such application who is or seeking 
                nonimmigrant status under subparagraph (H)(i)(b) or (L) 
                of section 101(a)(15) with a copy the original of all 
                applications and petitions filed by the employer with 
                the Department of Labor or the Department of Homeland 
                Security for such employee or beneficiary.
                    ``(B) Withholding of financial or proprietary 
                information.--If a document required to be provided to 
                an employee or beneficiary under subparagraph (A) 
                includes any financial or propriety information of the 
                employer, the employer may redact such information from 
                the copies provided to such employee or beneficiary.''.
    (b) Report on Job Classification and Wage Determinations.--Not 
later than 1 year after the date of the enactment of this Act, the 
Comptroller General of the United States shall prepare a report 
analyzing the accuracy and effectiveness of the Secretary of Labor's 
current job classification and wage determination system. The report 
shall--
            (1) specifically address whether the systems in place 
        accurately reflect the complexity of current job types as well 
        as geographic wage differences; and
            (2) make recommendations concerning necessary updates and 
        modifications.

SEC. 4233. FILING FEE FOR H-1B-DEPENDENT EMPLOYERS.

    (a) In General.--Notwithstanding any other provision of law, there 
shall be a fee required to be submitted by an employer with an 
application for admission of an H-1B nonimmigrant as follows:
            (1) For each fiscal year beginning in fiscal year 2015, 
        $5,000 for applicants that employ 50 or more employees in the 
        United States if more than 30 percent and less than 50 percent 
        of the applicant's employees are H-1B nonimmigrants or L 
        nonimmigrants.
            (2) For each of the fiscal years 2015 through 2017, $10,000 
        for applicants that employ 50 or more employees in the United 
        States if more than 50 percent and less than 75 percent of the 
        applicant's employees are H-1B nonimmigrants or L 
        nonimmigrants. Fees collected under this paragraph shall be 
        deposited in the Comprehensive Immigration Reform Trust Fund 
        established under section 6(a)(1).
    (b) Definitions.--In this section:
            (1) Employer.--The term ``employer''--
                    (A) means any entity or entities treated as a 
                single employer under subsection (b), (c), (m), or (o) 
                of section 414 of the Internal Revenue Code of 1986; 
                and
                    (B) does not include a nonprofit institution of 
                higher education or a nonprofit research organization 
                described in section 501(c)(3) of the Internal Revenue 
                Code of 1986 and exempt from taxation under 501(a) of 
                that Code that is--
                            (i) an institution of higher education (as 
                        defined in section 101(a) of the Higher 
                        Education Act of 1965 (20 U.S.C. 1001(a))); or
                            (ii) a research organization.
            (2) H-1B nonimmigrant.--The term ``H-1B nonimmigrant'' 
        means an alien admitted as a nonimmigrant pursuant to section 
        101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(15)(H)(i)(b)).
            (3) Intending immigrant.--The term ``intending immigrant'' 
        has the meaning given that term in paragraph (54)(A) of section 
        101(a)(54)(A) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)).
            (4) L nonimmigrant.--The term ``L nonimmigrant'' means an 
        alien admitted as a nonimmigrant pursuant to section 
        101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(L)) to provide services to the alien's employer 
        involving specialized knowledge.
    (c) Exception for Intending Immigrants.--In determining the 
percentage of employees of an employer that are H-1B nonimmigrants or L 
nonimmigrants under subsection (a), an intending immigrant employee 
shall not count toward such percentage.
    (d) Conforming Amendment.--Section 402 of the Act entitled ``An Act 
making emergency supplemental appropriations for border security for 
the fiscal year ending September 30, 2010, and for other purposes'', 
approved August 13, 2010 (Public Law 111-230; 8 U.S.C. 1101 note) is 
amended by striking subsection (b).

SEC. 4234. PROVIDING PREMIUM PROCESSING OF EMPLOYMENT-BASED VISA 
              PETITIONS.

    Pursuant to section 286(u) of the Immigration and Nationality Act 
(8 U.S.C. 1356(u)), the Secretary shall establish and collect--
            (1) a fee for premium processing of employment-based 
        immigrant petitions; and
            (2) a fee for premium processing of an administrative 
        appeal of any decision on a permanent employment-based 
        immigrant petition.

SEC. 4235. TECHNICAL CORRECTION.

    Section 212 (8 U.S.C. 1182) is amended by redesignating the second 
subsection (t), as added by section 1(b)(2)(B) of the Act entitled ``An 
Act to amend and extend the Irish Peace Process Cultural and Training 
Program Act of 1998'' (Public Law 108-449 (118 Stat. 3470)), as 
subsection (u).

SEC. 4236. APPLICATION.

    (a) In General.--Except as otherwise specifically provided, the 
amendments made by this subtitle shall apply to applications filed on 
or after the date of the enactment of this Act.
    (b) Special Requirements.--Notwithstanding any other provision of 
law, the amendments made by section 4211(c) shall not apply to any 
application or petition filed by an employer on behalf of an existing 
employee.

SEC. 4237. PORTABILITY FOR BENEFICIARIES OF IMMIGRANT PETITIONS.

    (a) Increased Portability.--Section 204(j) (8 U.S.C. 1154(j)) is 
amended--
            (1) by amending the subsection heading to read as follows:
    ``(j) Increased Portability.--'';
            (2) by striking ``A petition'' and inserting the following:
            ``(1) Long delayed applicants for adjustment of status.--A 
        petition''; and
            (3) by adding at the end the following:
            ``(2) Portability for beneficiaries of immigrant 
        petitions.--Regardless of whether an employer withdraws a 
        petition approved under paragraph (1), (2), or (3) of section 
        203(b)--
                    ``(A) the petition shall remain valid with respect 
                to a new job if--
                            ``(i) the beneficiary changes jobs or 
                        employers after the petition is approved; and
                            ``(ii) the new job is in the same or a 
                        similar occupational classification as the job 
                        for which the petition was approved; and
                    ``(B) the employer's legal obligations with respect 
                to the petition shall terminate at the time the 
                beneficiary changes jobs or employers.
            ``(3) Documentation.--The Secretary of Labor shall develop 
        a mechanism to provide the beneficiary or prospective employer 
        with sufficient information to determine whether a new position 
        or job is in the same or similar occupation as the job for 
        which the petition was approved. The Secretary of Labor shall 
        provide confirmation of application approval if required for 
        eligibility under this subsection. The Secretary of Homeland 
        Security shall provide confirmation of petition approval if 
        required for eligibility under this subsection.''.
    (b) Adjustment of Status for Employment-based Immigrants.--Section 
245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended 
by adding at the end the following:
    ``(n) Adjustment of Status for Employment-based Immigrants.--
            ``(1) Petition.--An alien, and any eligible dependents of 
        such alien, who has filed a petition for immigrant status, may 
        concurrently, or at any time thereafter, file an application 
        with the Secretary of Homeland Security for adjustment of 
        status if such petition is pending or has been approved, 
        regardless of whether an immigrant visa is immediately 
        available at the time the application is filed.
            ``(2) Supplemental fee.--If a visa is not immediately 
        available at the time an application is filed under paragraph 
        (1), the beneficiary of such application shall pay a 
        supplemental fee of $500, which shall be deposited in the STEM 
        Education and Training Account established under section 
        286(w). This fee shall not be collected from any dependent 
        accompanying or following to join such beneficiary.
            ``(3) Availability.--An application filed pursuant to 
        paragraph (2) may not be approved until the date on which an 
        immigrant visa becomes available.''.

             Subtitle C--L Visa Fraud and Abuse Protections

SEC. 4301. PROHIBITION ON OUTPLACEMENT OF L NONIMMIGRANTS.

    Section 214(c)(2)(F) (8 U.S.C. 1184(c)(2)(F)) is amended to read as 
follows:
    ``(F)(i) An employer who employs L-1 nonimmigrants in a number that 
is equal to at least 15 percent of the total number of full-time 
equivalent employees employed by the employer shall not place, 
outsource, lease, or otherwise contract for the services or placement 
of such alien with another employer. In determining the number of 
employees who are L-1 nonimmigrants, an intending immigrant shall count 
as a United States worker.
    ``(ii) The employer of an alien described in section 101(a)(15)(L) 
shall not place, outsource, lease, or otherwise contract for the 
services or placement of such alien with another employer unless--
            ``(I) such alien will not be controlled or supervised 
        principally by the employer with whom such alien would be 
        placed;
            ``(II) the placement of such alien at the worksite of the 
        other employer is not essentially an arrangement to provide 
        labor for hire for the other employer; and
            ``(III) the employer of such alien pays a fee of $500, 
        which shall be deposited in the STEM Education and Training 
        Account established under section 286(w).''.

SEC. 4302. L EMPLOYER PETITION REQUIREMENTS FOR EMPLOYMENT AT NEW 
              OFFICES.

    Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended by adding at the 
end the following:
    ``(G)(i) If the beneficiary of a petition under this paragraph is 
coming to the United States to open, or be employed in, a new office, 
the petition may be approved for up to 12 months only if--
            ``(I) the alien has not been the beneficiary of 2 or more 
        petitions under this subparagraph during the immediately 
        preceding 2 years; and
            ``(II) the employer operating the new office has--
                    ``(aa) an adequate business plan;
                    ``(bb) sufficient physical premises to carry out 
                the proposed business activities; and
                    ``(cc) the financial ability to commence doing 
                business immediately upon the approval of the petition.
    ``(ii) An extension of the approval period under clause (i) may not 
be granted until the importing employer submits an application to the 
Secretary of Homeland Security that contains--
            ``(I) evidence that the importing employer meets the 
        requirements of this subsection;
            ``(II) evidence that the beneficiary of the petition is 
        eligible for nonimmigrant status under section 101(a)(15)(L);
            ``(III) a statement summarizing the original petition;
            ``(IV) evidence that the importing employer has complied 
        with the business plan submitted under clause (i)(I);
            ``(V) evidence of the truthfulness of any representations 
        made in connection with the filing of the original petition;
            ``(VI) evidence that the importing employer has been doing 
        business at the new office through regular, systematic, and 
        continuous provision of goods and services;
            ``(VII) a statement of the duties the beneficiary has 
        performed at the new office during the approval period under 
        clause (i) and the duties the beneficiary will perform at the 
        new office during the extension period granted under this 
        clause;
            ``(VIII) a statement describing the staffing at the new 
        office, including the number of employees and the types of 
        positions held by such employees;
            ``(IX) evidence of wages paid to employees;
            ``(X) evidence of the financial status of the new office; 
        and
            ``(XI) any other evidence or data prescribed by the 
        Secretary.
    ``(iii) A new office employing the beneficiary of an L-1 petition 
approved under this paragraph shall do business only through regular, 
systematic, and continuous provision of goods and services.
    ``(iv) Notwithstanding clause (ii), and subject to the maximum 
period of authorized admission set forth in subparagraph (D), the 
Secretary of Homeland Security, in the Secretary's discretion, may 
approve a subsequently filed petition on behalf of the beneficiary to 
continue employment at the office described in this subparagraph for a 
period beyond the initially granted 12-month period if the importing 
employer has been doing business at the new office through regular, 
systematic, and continuous provision of goods and services for the 6 
months immediately preceding the date of extension of petition filing 
and demonstrates that the failure to satisfy any of the requirements 
described in those subclauses was directly caused by extraordinary 
circumstances, as determined by the Secretary in the Secretary's 
discretion.''.

SEC. 4303. COOPERATION WITH SECRETARY OF STATE.

    Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by section 
4302, is further amended by adding at the end the following:
    ``(H) For purposes of approving petitions under this paragraph, the 
Secretary of Homeland Security shall work cooperatively with the 
Secretary of State to verify the existence or continued existence of a 
company or office in the United States or in a foreign country.''.

SEC. 4304. LIMITATION ON EMPLOYMENT OF L NONIMMIGRANTS.

    Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by sections 
4302 and 4303, is further amended by adding at the end the following:
    ``(I)(i) If the employer employs 50 or more employees in the United 
States, the sum of the number of such employees who are H-1B 
nonimmigrants plus the number of such employees who are L nonimmigrants 
may not exceed--
            ``(I) 75 percent of the total number of employees, for 
        fiscal year 2015;
            ``(II) 65 percent of the total number of employees, for 
        fiscal year 2016; and
            ``(III) 50 percent of the total number of employees, for 
        each fiscal year after fiscal year 2016.
    ``(ii) In this subparagraph:
            ``(I) The term `employer' does not include a nonprofit 
        institution of higher education or a nonprofit research 
        organization described in section 501(c)(3) of the Internal 
        Revenue Code of 1986 and exempt from taxation under 501(a) of 
        that Code that is--
                    ``(aa) an institution of higher education (as 
                defined in section 101(a) of the Higher Education Act 
                of 1965 (20 U.S.C. 1001(a))); or
                    ``(bb) a research organization.
            ``(II) The term `H-1B nonimmigrant' means an alien admitted 
        as a nonimmigrant pursuant to section 101(a)(15)(H)(i)(b).
            ``(III) The term `L nonimmigrant' means an alien admitted 
        as a nonimmigrant pursuant to section 101(a)(15)(L) to provide 
        services to the alien's employer involving specialized 
        knowledge.
    ``(iii) In determining the percentage of employees of an employer 
that are H-1B nonimmigrants or L nonimmigrants under clause (i), an 
intending immigrant employee shall not count toward such percentage.''.

SEC. 4305. FILING FEE FOR L NONIMMIGRANTS.

    (a) In General.--Notwithstanding any other provision of law, the 
filing fee for an application for admission of an L nonimmigrant shall 
be as follows:
            (1) For each of the fiscal years beginning in fiscal year 
        2014, $5,000 for applicants that employ 50 or more employees in 
        the United States if more than 30 percent and less than 50 
        percent of the applicant's employees are H-1B nonimmigrants or 
        L nonimmigrants.
            (2) For each of the fiscal years 2014 through 2017, $10,000 
        for applicants that employ 50 or more employees in the United 
        States if more than 50 percent and less than 75 percent of the 
        applicant's employees are H-1B nonimmigrants or L 
        nonimmigrants. Fees collected under this paragraph shall be 
        deposited in the Comprehensive Immigration Reform Trust Fund 
        established under section 6(a)(1).
    (b) Definitions.--In this section:
            (1) Employer.--The term ``employer'' does not include a 
        nonprofit institution of higher education or a nonprofit 
        research organization described in section 501(c)(3) of the 
        Internal Revenue Code of 1986 and exempt from taxation under 
        501(a) of that Code that is--
                    (A) an institution of higher education (as defined 
                in section 101(a) of the Higher Education Act of 1965 
                (20 U.S.C. 1001(a))); or
                    (B) a research organization.
            (2) H-1B nonimmigrant.--The term ``H-1B nonimmigrant'' 
        means an alien admitted as a nonimmigrant pursuant to section 
        101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(15)(H)(i)(b)).
            (3) L nonimmigrant.--The term ``L nonimmigrant'' means an 
        alien admitted as a nonimmigrant pursuant to section 
        101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(L)) to provide services to the alien's employer 
        involving specialized knowledge.
    (c) Exception for Intending Immigrants.--In determining the 
percentage of employees of an employer that are H-1B nonimmigrants or L 
nonimmigrants under subsection (a), an intending immigrant employee (as 
defined in section 101(a)(54)(A) of the Immigration and Nationality Act 
shall not count toward such percentage.
    (d) Conforming Amendment.--Section 402 of the Act entitled ``An Act 
making emergency supplemental appropriations for border security for 
the fiscal year ending September 30, 2010, and for other purposes'', 
approved August 13, 2010 (Public Law 111-230; 8 U.S.C. 1101 note), as 
amended by section 4233(d), is further amended by striking subsections 
(a) and (c).

SEC. 4306. INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST L 
              NONIMMIGRANT EMPLOYERS.

    Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by sections 
4302, 4303, and 4304 is further amended by adding at the end the 
following:
    ``(J)(i) The Secretary of Homeland Security may initiate an 
investigation of any employer that employs nonimmigrants described in 
section 101(a)(15)(L) with regard to the employer's compliance with the 
requirements of this subsection.
    ``(ii)(I) If the Secretary receives specific credible information 
from a source who is likely to have knowledge of an employer's 
practices, employment conditions, or compliance with the requirements 
under this subsection, the Secretary may conduct an investigation into 
the employer's compliance with the requirements of this subsection.
    ``(II) The Secretary may withhold the identity of a source referred 
to in subclause (I) from an employer and the identity of such source 
shall not be subject to disclosure under section 552 of title 5, United 
States Code.
    ``(iii) The Secretary shall establish a procedure for any person 
desiring to provide to the Secretary information described in clause 
(ii)(I) that may be used, in whole or in part, as the basis for the 
commencement of an investigation described in such clause, to provide 
the information in writing on a form developed and provided by the 
Secretary and completed by or on behalf of the person.
    ``(iv) No investigation described in clause (ii)(I) (or hearing 
described in clause (vi) based on such investigation) may be conducted 
with respect to information about a failure to comply with the 
requirements under this subsection, unless the Secretary receives the 
information not later than 24 months after the date of the alleged 
failure.
    ``(v)(I) Subject to subclause (III), before commencing an 
investigation of an employer under clause (i) or (ii), the Secretary 
shall provide notice to the employer of the intent to conduct such 
investigation.
    ``(II) The notice required by subclause (I) shall be provided in 
such a manner, and shall contain sufficient detail, to permit the 
employer to respond to the allegations before an investigation is 
commenced.
    ``(III) The Secretary is not required to comply with this clause if 
the Secretary determines that to do so would interfere with an effort 
by the Secretary to investigate or secure compliance by the employer 
with the requirements of this subsection.
    ``(IV) There shall be no judicial review of a determination by the 
Secretary under this clause.
    ``(vi) If the Secretary, after an investigation under clause (i) or 
(ii), determines that a reasonable basis exists to make a finding that 
the employer has failed to comply with the requirements under this 
subsection, the Secretary shall provide the interested parties with 
notice of such determination and an opportunity for a hearing in 
accordance with section 556 of title 5, United States Code, not later 
than 120 days after the date of such determination. If such a hearing 
is requested, the Secretary shall make a finding concerning the matter 
by not later than 120 days after the date of the hearing.
    ``(vii) If the Secretary, after a hearing, finds a reasonable basis 
to believe that the employer has violated the requirements under this 
subsection, the Secretary shall impose a penalty under subparagraph 
(K).
    ``(viii)(I) The Secretary may conduct voluntary surveys of the 
degree to which employers comply with the requirements under this 
section.
    ``(II) The Secretary shall--
            ``(aa) conduct annual compliance audits of each employer 
        with more than 100 employees who work in the United States if 
        more than 15 percent of such employees are nonimmigrants 
        described in 101(a)(15)(L); and
            ``(bb) make available to the public an executive summary or 
        report describing the general findings of the audits carried 
        out pursuant to this subclause.''.

SEC. 4307. PENALTIES.

    Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by sections 
4302, 4303, 4304, and 4306, is further amended by adding at the end the 
following:
    ``(K)(i) If the Secretary of Homeland Security finds, after notice 
and an opportunity for a hearing, a failure by an employer to meet a 
condition under subparagraph (F), (G), or (L) or a misrepresentation of 
material fact in a petition to employ 1 or more aliens as nonimmigrants 
described in section 101(a)(15)(L)--
    ``(I) the Secretary shall impose such administrative remedies 
(including civil monetary penalties in an amount not to exceed $2,000 
per violation) as the Secretary determines to be appropriate;
    ``(II) the Secretary may not, during a period of at least 1 year, 
approve a petition for that employer to employ 1 or more aliens as such 
nonimmigrants; and
    ``(III) in the case of a violation of subparagraph (J), the 
employer shall be liable to the employees harmed by such violation for 
lost wages and benefits.
    ``(ii) If the Secretary finds, after notice and an opportunity for 
a hearing, a willful failure by an employer to meet a condition under 
subparagraph (F), (G), or (L) or a willful misrepresentation of 
material fact in a petition to employ 1 or more aliens as nonimmigrants 
described in section 101(a)(15)(L)--
            ``(I) the Secretary shall impose such administrative 
        remedies (including civil monetary penalties in an amount not 
        to exceed $10,000 per violation) as the Secretary determines to 
        be appropriate;
            ``(II) the Secretary may not, during a period of at least 2 
        years, approve a petition filed for that employer to employ 1 
        or more aliens as such nonimmigrants; and
            ``(III) in the case of a violation of subparagraph (J), the 
        employer shall be liable to the employees harmed by such 
        violation for lost wages and benefits.''.

SEC. 4308. PROHIBITION ON RETALIATION AGAINST L NONIMMIGRANTS.

    Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by sections 
4302, 4303, 4303, 4306, and 4307, is further amended by adding at the 
end the following:
    ``(L)(i) It is a violation of this subparagraph for an employer who 
has filed a petition to import 1 or more aliens as nonimmigrants 
described in section 101(a)(15)(L) to take, fail to take, or threaten 
to take or fail to take, a personnel action, or to intimidate, 
threaten, restrain, coerce, blacklist, discharge, or discriminate in 
any other manner against an employee because the employee--
            ``(I) has disclosed information that the employee 
        reasonably believes evidences a violation of this subsection, 
        or any rule or regulation pertaining to this subsection; or
            ``(II) cooperates or seeks to cooperate with the 
        requirements of this subsection, or any rule or regulation 
        pertaining to this subsection.
    ``(ii) In this subparagraph, the term `employee' includes--
            ``(I) a current employee;
            ``(II) a former employee; and
            ``(III) an applicant for employment.''.

SEC. 4309. REPORTS ON L NONIMMIGRANTS.

    Section 214(c)(8) (8 U.S.C. 1184(c)(8)) is amended by inserting 
``(L),'' after ``(H),''.

SEC. 4310. APPLICATION.

    The amendments made by this subtitle shall apply to applications 
filed on or after the date of the enactment of this Act.

SEC. 4311. REPORT ON L BLANKET PETITION PROCESS.

    Not later than 6 months after the date of the enactment of this 
Act, the Inspector General of the Department shall submit to the 
Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives a report regarding the use of 
blanket petitions under section 214(c)(2)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)(2)(A)). Such report shall assess the 
efficiency and reliability of the process for reviewing such blanket 
petitions, including whether the process includes adequate safeguards 
against fraud and abuse.

                  Subtitle D--Other Nonimmigrant Visas

SEC. 4401. NONIMMIGRANT VISAS FOR STUDENTS.

    (a) Authorization of Dual Intent for F Nonimmigrants Seeking 
Bachelor's or Graduate Degrees.--Section 101(a)(15)(F) (8 U.S.C. 
1101(a)(15)(F)) is amended to read as follows:
                    ``(F)(i) an alien having a residence in a foreign 
                country who is a bona fide student qualified to pursue 
                a full course of study and who seeks to enter the 
                United States temporarily and solely for the purpose of 
                pursuing such a course of study consistent with section 
                214(m) at an accredited college, university, or 
                language training program, or at an established 
                seminary, conservatory, academic high school, 
                elementary school, or other academic institution in the 
                United States, particularly designated by the alien and 
                approved by the Secretary of Homeland Security after 
                consultation with the Secretary of Education, which 
                institution or place of study shall have agreed to 
                report to the Secretary of Homeland Security the 
                termination of attendance of each nonimmigrant student, 
                and if any such institution of learning or place of 
                study fails to make reports promptly the approval shall 
                be withdrawn, except that such an alien who is not 
                seeking to pursue a degree that is a bachelor's degree 
                or a graduate degree shall have a residence in a 
                foreign country that the alien has no intention of 
                abandoning;
                    ``(ii) the alien spouse and minor children of any 
                alien described in clause (i) if accompanying or 
                following to join such an alien; and
                    ``(iii) an alien who is a national of Canada or 
                Mexico, who maintains actual residence and place of 
                abode in the country of nationality, who is described 
                in clause (i) except that the alien's qualifications 
                for and actual course of study may be full or part-
                time, and who commutes to the United States institution 
                or place of study from Canada or Mexico.''.
    (b) Dual Intent.--Section 214(h) (8 U.S.C. 1184(h)) is amended to 
read as follows:
    ``(h) Dual Intent.--The fact that an alien is, or intends to be, 
the beneficiary of an application for a preference status filed under 
section 204, seeks a change or adjustment of status after completing a 
legitimate period of nonimmigrant stay, or has otherwise sought 
permanent residence in the United States shall not constitute evidence 
of intent to abandon a foreign residence that would preclude the alien 
from obtaining or maintaining--
            ``(1) a visa or admission as a nonimmigrant described in 
        subparagraph (E), (F)(i), (F)(ii), (H)(i)(b), (H)(i)(c), (L), 
        (O), (P), (V), or (W) of section 101(a)(15); or
            ``(2) the status of a nonimmigrant described in any such 
        subparagraph.''.
    (c) Requirement of Student Visa Data Transfer and Certification.--
            (1) In general.--The Secretary shall implement real-time 
        transmission of data from the Student and Exchange Visitor 
        Information System to databases used by U.S. Customs and Border 
        Protection.
            (2) Certification.--
                    (A) In general.--Not later than 120 days after the 
                date of the enactment of this Act, the Secretary shall 
                certify to Congress that the transmission of data 
                referred to in paragraph (1) has been implemented.
                    (B) Temporary suspension of visa issuance.--If the 
                Secretary has not made the certification referred to in 
                subparagraph (A) during the 120-day period, the 
                Secretary shall suspend issuance of visas under 
                subparagraphs (F) and (M) of section 101(a)(15) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) 
                until the certification is made.

SEC. 4402. CLASSIFICATION FOR SPECIALTY OCCUPATION WORKERS FROM FREE 
              TRADE COUNTRIES.

    (a) Nonimmigrant Status.--Section 101(a)(15)(E)(8 U.S.C. 
1101(a)(15)(E)) is amended--
            (1) in the matter preceding clause (i), by inserting ``, 
        bilateral investment treaty, or free trade agreement'' after 
        ``treaty of commerce and navigation'';
            (2) in clause (ii), by striking ``or'' at the end; and
            (3) by adding at the end the following:
                            ``(iv) solely to perform services in a 
                        specialty occupation in the United States if 
                        the alien is a national of a country, other 
                        than Chile, Singapore, or Australia, with which 
                        the United States has entered into a free trade 
                        agreement (regardless of whether such an 
                        agreement is a treaty of commerce and 
                        navigation) and with respect to whom the 
                        Secretary of Labor determines and certifies to 
                        the Secretary of Homeland Security and the 
                        Secretary of State that the intending employer 
                        has filed with the Secretary of Labor an 
                        attestation under section 212(t);
                            ``(v) solely to perform services in a 
                        specialty occupation in the United States if 
                        the alien is a national of the Republic of 
                        Korea and with respect to whom the Secretary of 
                        Labor determines and certifies to the Secretary 
                        of Homeland Security and the Secretary of State 
                        that the intending employer has filed with the 
                        Secretary of Labor an attestation under section 
                        212(t); or
                            ``(vi) solely to perform services as an 
                        employee and who has at least a high school 
                        education or its equivalent, or has, during the 
                        most recent 5-year period, at least 2 years of 
                        work experience in an occupation which requires 
                        at least 2 years of training or experience if 
                        the alien is a national of a country--
                                    ``(I) designated as an eligible 
                                sub-Saharan African country under 
                                section 104 of the African Growth and 
                                Opportunity Act (19 U.S.C. 3703); or
                                    ``(II) designated as a beneficiary 
                                country for purposes of the Caribbean 
                                Basin Economic Recovery Act (19 U.S.C. 
                                2701 et seq.);''.
    (b) Numerical Limitation.--Section 214(g)(11) (8 U.S.C. 
1184(g)(11)) is amended--
            (1) in subparagraph (A), by striking ``section 
        101(a)(15)(E)(iii)'' and inserting ``clauses (iii) and (vi) of 
        section 101(a)(15)(E)''; and
            (2) by amending subparagraph (B) to read as follows:
    ``(B) The applicable numerical limitation referred to in 
subparagraph (A) for each fiscal year is--
            ``(i) 10,500 for each of the nationalities identified in 
        clause (iii) of section 101(a)(15)(E); and
            ``(ii) 10,500 for all aliens described in clause (vi) of 
        such section.''.
    (c) Free Trade Agreements.--Section 214(g) (8 U.S.C. 1184(g)) is 
amended by adding at the end the following:
    ``(12)(A) The free trade agreements referred to in section 
101(a)(15)(E)(iv) are defined as any free trade agreement designated by 
the Secretary of Homeland Security with the concurrence of the United 
States Trade Representative and the Secretary of State.
    ``(B) The Secretary of State may not approve a number of initial 
applications submitted for aliens described in clause (iv) or (v) of 
section 101(a)(15)(E) that is more than 5,000 per fiscal year for each 
country with which the United States has entered into a Free Trade 
Agreement.
    ``(C) The applicable numerical limitation referred to in 
subparagraph (A) shall apply only to principal aliens and not to the 
spouses or children of such aliens.''.
    (d) Nonimmigrant Professionals.--Section 212(t) (8 U.S.C. 1182(t)) 
is amended by striking ``section 101(a)(15)(E)(iii)'' each place that 
term appears and inserting ``clause (iv) or (v) of section 
101(a)(15)(E)''.

SEC. 4403. E-VISA REFORM.

    (a) Nonimmigrant Category.--Section 101(a)(15)(E)(iii) (8 U.S.C. 
1101(a)(15)(E)(iii)) is amended by inserting ``, or solely to perform 
services as an employee and who has at least a high school education or 
its equivalent, or has, within 5 years, at least 2 years of work 
experience in an occupation which requires at least 2 years of training 
or experience if the alien is a national of the Republic of Ireland,'' 
after ``Australia''.
    (b) Temporary Admission.--Section 212(d)(3)(A) (8 U.S.C. 
1182(d)(3)(A)) is amended to read as follows:
            ``(A) Except as otherwise provided in this subsection--
                    ``(i) an alien who is applying for a nonimmigrant 
                visa and who the consular officer knows or believes to 
                be ineligible for such visa under subsection (a) (other 
                than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (C), 
                (E)(i), and (E)(ii) of paragraph (3) of such 
                subsection)--
                            ``(I) after approval by the Secretary of 
                        Homeland Security of a recommendation by the 
                        Secretary of State or by the consular officer 
                        that the alien be admitted temporarily despite 
                        the alien's inadmissibility, may be granted 
                        such a visa and may be admitted into the United 
                        States temporarily as a nonimmigrant, in the 
                        discretion of the Secretary of Homeland 
                        Security; or
                            ``(II) absent such recommendation and 
                        approval, be granted a nonimmigrant visa 
                        pursuant to section 101(a)(15)(E) if such 
                        ineligibility is based solely on conduct in 
                        violation of paragraph (6), (7), or (9) of 
                        section 212(a) that occurred before the date of 
                        the enactment of the Border Security, Economic 
                        Opportunity, and Immigration Modernization Act; 
                        and
                    ``(ii) an alien who is inadmissible under 
                subsection (a) (other than subparagraphs (A)(i)(I), 
                (A)(ii), (A)(iii), (C), (E)(i), and (E)(ii) of 
                paragraph (3) of such subsection), is in possession of 
                appropriate documents or was granted a waiver from such 
                document requirement, and is seeking admission, may be 
                admitted into the United States temporarily as a 
                nonimmigrant, in the discretion of the Secretary of 
                Homeland Security, who shall prescribe conditions, 
                including exaction of such bonds as may be necessary, 
                to control and regulate the admission and return of 
                inadmissible aliens applying for temporary admission 
                under this paragraph.''.
    (c) Numerical Limitation.--Section 214(g)(11)(B) (8 U.S.C. 
1184(g)(11)(B)) is amended by striking the period at the end and 
inserting ``for each of the nationalities identified under section 
101(a)(15)(E)(iii).''.

SEC. 4404. OTHER CHANGES TO NONIMMIGRANT VISAS.

    (a) Portability.--Paragraphs (1) and (2) of section 214(n) (8 
U.S.C. 1184(n)) are amended to read as follows:
    ``(1) A nonimmigrant alien described in paragraph (2) who was 
previously issued a visa or otherwise provided nonimmigrant status 
under section 101(a)(15)(H)(i)(b) or 101(a)(15)(O)(i) is authorized to 
accept new employment pursuant to such section upon the filing by the 
prospective employer of a new petition on behalf of such nonimmigrant 
as provided under subsection (a). Employment authorization shall 
continue for such alien until the new petition is adjudicated. If the 
new petition is denied, such authorization shall cease.
    ``(2) A nonimmigrant alien described in this paragraph is a 
nonimmigrant alien--
            ``(A) who has been lawfully admitted into the United 
        States;
            ``(B) on whose behalf an employer has filed a nonfrivolous 
        petition for new employment before the date of expiration of 
        the period of stay authorized by the Secretary of Homeland 
        Security; and
            ``(C) who, subsequent to such lawful admission, has not 
        been employed without authorization in the United States before 
        the filing of such petition.''.
    (b) Waiver.--The undesignated material at the end of section 
214(c)(3) (8 U.S.C. 1184(c)(3)) is amended to read as follows:
``The Secretary of Homeland Security shall provide by regulation for 
the waiver of the consultation requirement under subparagraph (A) in 
the case of aliens who have been admitted as nonimmigrants under 
section 101(a)(15)(O)(i) because of extraordinary ability in the arts 
or extraordinary achievement in motion picture or television production 
and who seek readmission to perform similar services within 3 years 
after the date of a consultation under such subparagraph provided that, 
in the case of aliens admitted because of extraordinary achievement in 
motion picture or television production, such waiver shall apply only 
if the prior consultations by the appropriate union and management 
organization were favorable or raised no objection to the approval of 
the petition. Not later than 5 days after such a waiver is provided, 
the Secretary shall forward a copy of the petition and all supporting 
documentation to the national office of an appropriate labor 
organization. In the case of an alien seeking entry for a motion 
picture or television production (i) any opinion under the previous 
sentence shall only be advisory; (ii) any such opinion that recommends 
denial must be in writing; (iii) in making the decision the Attorney 
General shall consider the exigencies and scheduling of the production; 
(iv) the Attorney General shall append to the decision any such 
opinion; and (v) upon making the decision, the Attorney General shall 
immediately provide a copy of the decision to the consulting labor and 
management organizations.''.

SEC. 4405. TREATMENT OF NONIMMIGRANTS DURING ADJUDICATION OF 
              APPLICATION.

    Section 214 (8 U.S.C. 1184), as amended by sections 3609 and 4233, 
is further amended by adding at the end the following:
    ``(u) Treatment of Nonimmigrants During Adjudication of 
Application.--A nonimmigrant alien granted employment authorization 
pursuant to sections 101(a)(15)(A), 101(a)(15)(E), 101(a)(15)(G), 
101(a)(15)(H), 101(a)(15)(I), 101(a)(15)(J), 101(a)(15)(L), 
101(a)(15)(O), 101(a)(15)(P), 101(a)(15)(Q), 101(a)(15)(R), 214(e), and 
such other sections as the Secretary of Homeland Security may by 
regulations prescribe whose status has expired but who has, or whose 
sponsoring employer or authorized agent has, filed a timely application 
or petition for an extension of such employment authorization and 
nonimmigrant status as provided under subsection (a) is authorized to 
continue employment with the same employer until the application or 
petition is adjudicated. Such authorization shall be subject to the 
same conditions and limitations as the initial grant of employment 
authorization.''.

SEC. 4406. NONIMMIGRANT ELEMENTARY AND SECONDARY SCHOOL STUDENTS.

    Section 214(m)(1)(B) (8 U.S.C. 1184(m)(1)(B)) is amended striking 
``unless--'' and all that follows through ``(ii)'' and inserting 
``unless''.

SEC. 4407. J-1 SUMMER WORK TRAVEL VISA EXCHANGE VISITOR PROGRAM FEE.

    Section 281 (8 U.S.C. 1351), as amended by section 4105, is further 
amended by adding at the end the following:
    ``(e) J-1 Summer Work Travel Participant Fee.--In addition to the 
fees authorized under subsection (a), the Secretary of State shall 
collect a $100 fee from each nonimmigrant entering under the Summer 
Work Travel program conducted by the Secretary of State pursuant to the 
Foreign Affairs Reform and Restructuring Act of 1998 (division G of 
Public Law 105-277; 112 Stat. 2681-761). Fees collected under this 
subsection shall be deposited into the Comprehensive Immigration Reform 
Trust Fund established under section 6(a)(1) of the Border Security, 
Economic Opportunity, and Immigration Modernization Act.''.

SEC. 4408. J VISA ELIGIBILITY.

    (a) Speakers of Certain Foreign Languages.--Section 101(a)(15)(J) 
(8 U.S.C. 1101(a)(15)(J)) is amended to read as follows:
                    ``(J) an alien having a residence in a foreign 
                country which he has no intention of abandoning who--
                            ``(i) is a bona fide student, scholar, 
                        trainee, teacher, professor, research 
                        assistant, specialist, or leader in a field of 
                        specialized knowledge or skill, or other person 
                        of similar description, who is coming 
                        temporarily to the United States as a 
                        participant in a program designated by the 
                        Director of the United States Information 
                        Agency, for the purpose of teaching, 
                        instructing or lecturing, studying, observing, 
                        conducting research, consulting, demonstrating 
                        special skills, or receiving training and who, 
                        if such alien is coming to the United States to 
                        participate in a program under which such alien 
                        will receive graduate medical education or 
                        training, also meets the requirements of 
                        section 212(j), and the alien spouse and minor 
                        children of any such alien if accompanying such 
                        alien or following to join such alien; or
                            ``(ii) is coming to the United States to 
                        perform work involving specialized knowledge or 
                        skill, including teaching on a full-time or 
                        part-time basis, that requires proficiency of 
                        languages spoken as a native language in 
                        countries of which fewer than 5,000 nationals 
                        were lawfully admitted for permanent residence 
                        in the United States in the previous year;''.
    (b) Requirement for Annual List of Countries.--The Secretary of 
State shall publish an annual list of the countries described in clause 
(ii) of section 101(a)(15)(J) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(J)), as added by subsection (a).
    (c) Summer Work Travel Program Employment in Seafood Processing.--
Notwithstanding any other provision of law or regulation, including 
part 62 of title 22, Code of Federal Regulations, or any proposed rule, 
the Secretary of State shall permit participants in the Summer Work 
Travel program described in section 62.32 of such title 22 who are 
admitted under section 101(a)(15)(J) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(J)), as amended by subsection (a), to be 
employed in seafood processing positions in Alaska.

SEC. 4409. F-1 VISA FEE.

    Section 281 (8 U.S.C. 1351), as amended by sections 4105 and 4407, 
is further amended by adding at the end the following:
    ``(f) F-1 Visa Fee.--
            ``(1) In general.--In addition to the fees authorized under 
        subsection (a), the Secretary of Homeland Security shall 
        collect a $100 fee from each nonimmigrant admitted under 
        section 101(a)(15)(F)(i). Fees collected under this subsection 
        shall be deposited into the Comprehensive Immigration Reform 
        Trust Fund established under section 6(a)(1) of the Border 
        Security, Economic Opportunity, and Immigration Modernization 
        Act.
            ``(2) Rulemaking.--The Secretary of Homeland Security, in 
        conjunction with the Secretary of State, shall promulgate 
        regulations to ensure that--
                    ``(A) the fee authorized under paragraph (1) is 
                paid on behalf of all J-1 nonimmigrants seeking entry 
                into the United States;
                    ``(B) a fee related to the hiring of a J-1 
                nonimmigrant is not deducted from the wages or other 
                compensation paid to the J-1 nonimmigrant; and
                    ``(C) not more than 1 fee is collected per J-1 
                nonimmigrant.''.

SEC. 4410. PILOT PROGRAM FOR REMOTE B NONIMMIGRANT VISA INTERVIEWS.

    Section 222 (8 U.S.C. 1202) is amended by adding at the end the 
following:
    ``(i)(1) Except as provided in paragraph (3), the Secretary of 
State--
            ``(A) shall develop and conduct a pilot program for 
        processing visas under section 101(a)(15)(B) using secure 
        remote videoconferencing technology as a method for conducting 
        any required in person interview of applicants; and
            ``(B) in consultation with the heads of other Federal 
        agencies that use such secure communications, shall help ensure 
        the security of the videoconferencing transmission and 
        encryption conducted under subparagraph (A).
    ``(2) Not later than 90 days after the termination of the pilot 
program authorized under paragraph (1), the Secretary of State shall 
submit to the appropriate committees of Congress a report that 
contains--
            ``(A) a detailed description of the results of such 
        program, including an assessment of the efficacy, efficiency, 
        and security of the remote videoconferencing technology as a 
        method for conducting visa interviews of applicants; and
            ``(B) recommendations for whether such program should be 
        continued, broadened, or modified.
    ``(3) The pilot program authorized under paragraph (1) may not be 
conducted if the Secretary of State determines that such program--
            ``(A) poses an undue security risk; and
            ``(B) cannot be conducted in a manner consistent with 
        maintaining security controls.
    ``(4) If the Secretary of State makes a determination under 
paragraph (3), the Secretary shall submit a report to the appropriate 
committees of Congress that describes the reasons for such 
determination.
    ``(5) In this subsection:
            ``(A) The term `appropriate committees of Congress' means--
                    ``(i) the Committee on the Judiciary, the Committee 
                on Foreign Relations, and the Committee on 
                Appropriations of the Senate; and
                    ``(ii) the Committee on the Judiciary, the 
                Committee on Foreign Affairs, and the Committee on 
                Appropriations of the House of Representatives.
            ``(B) The term `in person interview' includes interviews 
        conducted using remote video technology.''.

SEC. 4411. PROVIDING CONSULAR OFFICERS WITH ACCESS TO ALL TERRORIST 
              DATABASES AND REQUIRING HEIGHTENED SCRUTINY OF 
              APPLICATIONS FOR ADMISSION FROM PERSONS LISTED ON 
              TERRORIST DATABASES.

    Section 222 (8 U.S.C. 1202), as amended by section 4410, is further 
amended by adding at the end the following:
    ``(j) Providing Consular Officers With Access to All Terrorist 
Databases and Requiring Heightened Scrutiny of Applications for 
Admission From Persons Listed on Terrorist Databases.--
            ``(1) Access to the secretary of state.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Secretary of State shall have 
                access to all terrorism records and databases 
                maintained by any agency or department of the United 
                States for the purposes of determining whether an 
                applicant for admission poses a security threat to the 
                United States.
                    ``(B) Exception.--The head of such an agency or 
                department may only withhold access to terrorism 
                records and databases from the Secretary of State if 
                such head is able to articulate that withholding is 
                necessary to prevent the unauthorized disclosure of 
                information that clearly identifies, or would 
                reasonably permit ready identification of, intelligence 
                or sensitive law enforcement sources, methods, or 
                activities.
            ``(2) Biographic and biometric screening.--
                    ``(A) Requirement for biographic and biometric 
                screening.--Notwithstanding any other provision of this 
                Act, the Secretary of State shall require every alien 
                applying for admission to the United States to submit 
                to biographic and biometric screening to determine 
                whether the alien's name or biometric information is 
                listed in any terrorist watch list or database 
                maintained by any agency or department of the United 
                States.
                    ``(B) Exclusions.--No alien applying for a visa to 
                the United States shall be granted such visa by a 
                consular officer if the alien's name or biometric 
                information is listed in any terrorist watch list or 
                database referred to in subparagraph (A) unless--
                            ``(i) screening of the alien's visa 
                        application against interagency 
                        counterterrorism screening systems which 
                        compare the applicant's information against 
                        data in all counterterrorism watch lists and 
                        databases reveals no potentially pertinent 
                        links to terrorism;
                            ``(ii) the consular officer submits the 
                        application for further review to the Secretary 
                        of State and the heads of other relevant 
                        agencies, including the Secretary of Homeland 
                        Security and the Director of National 
                        Intelligence; and
                            ``(iii) the Secretary of State, after 
                        consultation with the Secretary of Homeland 
                        Security, the Director of National 
                        Intelligence, and the heads of other relevant 
                        agencies, certifies that the alien is 
                        admissible to the United States.''.

SEC. 4412. VISA REVOCATION INFORMATION.

    Section 428 of the Homeland Security Act of 2002 (6 U.S.C. 236) is 
amended by adding at the end the following:
    ``(j) Visa Revocation Information.--If the Secretary of State or 
the Secretary of Homeland Security revoke a visa--
            ``(1) the fact of the revocation shall be immediately 
        provided to the relevant consular officers, law enforcement, 
        and terrorist screening databases; and
            ``(2) a notice of such revocation shall be posted to all 
        Department of Homeland Security port inspectors and to all 
        consular officers.''.

SEC. 4413. STATUS FOR CERTAIN BATTERED SPOUSES AND CHILDREN.

    (a) Nonimmigrant Status for Certain Battered Spouses and 
Children.--Section 101(a)(51) (8 U.S.C. 1101(a)(51)), as amended by 
section 2305(d)(6)(B)(i)(III), is further amended--
            (1) in subparagraph (E), by striking ``or'' at the end;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(G) section 106 as an abused derivative alien.''.
    (b) Relief for Abused Derivative Aliens.--
            (1) In general.--Section 106 (8 U.S.C. 1105a) is amended to 
        read as follows:

``SEC. 106. RELIEF FOR ABUSED DERIVATIVE ALIENS.

    ``(a) Abused Derivative Alien Defined.--In this section, the term 
`abused derivative alien' means an alien who--
            ``(1) is the spouse or child admitted under section 
        101(a)(15) or pursuant to a blue card status granted under 
        section 2211 of the Border Security, Economic Opportunity, and 
        Immigration Modernization Act;
            ``(2) is accompanying or following to join a principal 
        alien admitted under such a section; and
            ``(3) has been subjected to battery or extreme cruelty by 
        such principal alien.
    ``(b) Relief for Abused Derivative Aliens.--The Secretary of 
Homeland Security--
            ``(1) shall grant or extend the status of admission of an 
        abused derivative alien under section 101(a)(15) or section 
        2211 of the Border Security, Economic Opportunity, and 
        Immigration Modernization Act under which the principal alien 
        was admitted for the longer of--
                    ``(A) the same period for which the principal was 
                initially admitted; or
                    ``(B) a period of 3 years;
            ``(2) may renew a grant or extension of status made under 
        paragraph (1);
            ``(3) shall grant employment authorization to an abused 
        derivative alien; and
            ``(4) may adjust the status of the abused derivative alien 
        to that of an alien lawfully admitted for permanent residence 
        if--
                    ``(A) the alien is admissible under section 212(a) 
                or the Secretary of Homeland Security finds the alien's 
                continued presence in the United States is justified on 
                humanitarian grounds, to ensure family unity, or is 
                otherwise in the public interest; and
                    ``(B) the status under which the principal alien 
                was admitted to the United States would have 
                potentially allowed for eventual adjustment of status.
    ``(c) Effect of Termination of Relationship.--Termination of the 
relationship with principal alien shall not affect the status of an 
abused derivative alien under this section if battery or extreme 
cruelty by the principal alien was 1 central reason for termination of 
the relationship.
    ``(d) Procedures.--Requests for relief under this section shall be 
handled under the procedures that apply to aliens seeking relief under 
section 204(a)(1)(C).''.
            (2) Table of contents amendment.--The table of contents in 
        the first section is amended by striking the item relating to 
        section 106 and inserting the following:

``Sec. 106. Relief for abused derivative aliens.''.

SEC. 4414. NONIMMIGRANT CREWMEN LANDING TEMPORARILY IN HAWAII.

    (a) In General.--Section 101(a)(15)(D)(ii) (8 U.S.C. 
1101(a)(15)(D)(ii)) is amended--
            (1) by striking ``Guam'' both places that term appears and 
        inserting ``Hawaii, Guam,''; and
            (2) by striking the semicolon at the end and inserting ``or 
        some other vessel or aircraft;''.
    (b) Treatment of Departures.--In the administration of section 
101(a)(15)(D)(ii) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(D)(ii)), an alien crewman shall be considered to have 
departed from Hawaii, Guam, or the Commonwealth of the Northern Mariana 
Islands after leaving the territorial waters of Hawaii, Guam, or the 
Commonwealth of the Northern Mariana Islands, respectively, without 
regard to whether the alien arrives in a foreign state before returning 
to Hawaii, Guam, or the Commonwealth of the Northern Mariana Islands.
    (c) Conforming Amendment.--The Act entitled ``An Act to amend the 
Immigration and Nationality Act to permit nonimmigrant alien crewmen on 
fishing vessels to stop temporarily at ports in Guam'', approved 
October 21, 1986 (Public Law 99-505; 8 U.S.C. 1101 note) is amended by 
striking section 2.

SEC. 4415. TREATMENT OF COMPACT OF FREE ASSOCIATION MIGRANTS.

    (a) In General.--Title II (8 U.S.C. 1151 et seq.) is amended by 
inserting after section 214 the following:

``SEC. 214A. TREATMENT OF COMPACT OF FREE ASSOCIATION MIGRANTS.

    ``Notwithstanding any other provision of law, with respect to 
eligibility for benefits for the Federal program defined in 
402(b)(3)(C) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1612(b)(3)(C)) (relating to the 
Medicaid program), sections 401(a), 402(b)(1), and 403(a) of the 
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 
(8 U.S.C. 1611(a), 1612(b)(1), 1613(a)) shall not apply to any 
individual who lawfully resides in the United States in accordance with 
the Compacts of Free Association between the Government of the United 
States and the Governments of the Federated States of Micronesia, the 
Republic of the Marshall Islands, and the Republic of Palau. Any 
individual to which the preceding sentence applies shall be considered 
to be a qualified alien for purposes of title IV of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1601 et seq.), but only with respect to the designated Federal 
program defined in section 402(b)(3)(C) of such Act (relating to the 
Medicaid program) (8 U.S.C. 1612(b)(3)(C)).''.
    (b) Conforming Amendments.--Section 1108 of the Social Security Act 
(42 U.S.C. 1308) is amended--
            (1) in subsection (f), in the matter preceding paragraph 
        (1), by striking ``subsection (g)'' and inserting ``subsections 
        (g) and (h)''; and
            (2) by adding at the end the following:
    ``(h) The limitations of subsections (f) and (g) shall not apply 
with respect to medical assistance provided to an individual described 
in section 214A of the Immigration and Nationality Act.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to benefits for items and services furnished on or after the date 
of the enactment of this Act.

SEC. 4416. INTERNATIONAL PARTICIPATION IN THE PERFORMING ARTS.

    Section 214(c)(6)(D) (8 U.S.C. 1184(c)(6)(D)) is amended--
            (1) in the first sentence, by inserting ``(i)'' before 
        ``Any person'';
            (2) in the second sentence--
                    (A) by striking ``Once'' and inserting ``Except as 
                provided in clause (ii), once''; and
                    (B) by striking ``Attorney General shall'' and 
                inserting ``Secretary of Homeland Security shall'';
            (3) in the third sentence, by striking ``The Attorney 
        General'' and inserting ``The Secretary''; and
            (4) by adding at the end the following:
    ``(ii) The Secretary of Homeland Security shall adjudicate each 
petition for an alien with extraordinary ability in the arts (as 
described in section 101(a)(15)(O)(i)), an alien accompanying such an 
alien (as described in clauses (ii) and (iii) of section 
101(a)(15)(O)), or an alien described in section 101(a)(15)(P) (other 
than an alien described in paragraph (4)(A) (relating to athletes)) not 
later than 14 days after--
            ``(I) the date on which the petitioner submits the petition 
        with a written advisory opinion, letter of no objection, or 
        request for a waiver; or
            ``(II) the date on which the 15-day period described in 
        clause (i) has expired, if the petitioner has had an 
        appropriate opportunity to supply rebuttal evidence.
    ``(iii) If a petition described in clause (ii) is not adjudicated 
before the end of the 14-day period described in clause (ii) and the 
petitioner is an arts organization described in paragraph (3), (5), or 
(6) of section 501(c) of the Internal Revenue Code of 1986 and exempt 
from tax under section 501(a) of such Code for the taxable year 
preceding the calendar year in which the petition is submitted, or an 
individual or entity petitioning primarily on behalf of such an 
organization, the Secretary of Homeland Security shall provide the 
petitioner with the premium processing services referred to in section 
286(u), without a fee.''.

SEC. 4417. LIMITATION ON ELIGIBILITY OF CERTAIN NONIMMIGRANTS FOR 
              HEALTH-RELATED PROGRAMS.

    (a) In General.--Section 1903(v)(4)(A) of the Social Security Act 
(42 U.S.C. 1396b(v)(4)(A)) is amended by inserting ``, but not 
including a nonimmigrant described in subparagraph (B) or (F) of 
section 101(a)(15) of the Immigration and Nationality Act'' after 
``section 431(c) of such Act''.
    (b) Conforming Changes to Regulations.--
            (1) Secretary of health and human services.--The Secretary 
        of Health and Human Services shall conform all regulations 
        promulgated by the Secretary of Health and Human Services that 
        reference the term ``lawfully present'' for purposes of health-
        related programs administered by the Secretary of Health and 
        Human Services to reflect the amendment made by subsection (a) 
        to the definition of ``lawfully residing'' in section 
        1903(v)(4)(A) of the Social Security Act (42 U.S.C. 
        1396b(v)(4)(A)).
            (2) Secretary of the treasury.--The Secretary of the 
        Treasury shall make the same changes to regulations promulgated 
        by the Secretary of the Treasury that reference the term 
        ``lawfully present'' for purposes of health-related programs 
        administered by the Secretary of the Treasury as the Secretary 
        of Health and Human Services makes under paragraph (1).

                          Subtitle E--JOLT Act

SEC. 4501. SHORT TITLES.

    This subtitle may be cited as the ``Jobs Originated through 
Launching Travel Act of 2013'' or the ``JOLT Act of 2013''.

SEC. 4502. PREMIUM PROCESSING.

    Section 221 (8 U.S.C. 1201) is amended by inserting at the end the 
following:
    ``(j) Premium Processing.--
            ``(1) Pilot processing service.--Recognizing that the best 
        solution for expedited processing is low interview wait times 
        for all applicants, the Secretary of State shall nevertheless 
        establish, on a limited, pilot basis only, a fee-based premium 
        processing service to expedite interview appointments. In 
        establishing a pilot processing service, the Secretary may--
                    ``(A) determine the consular posts at which the 
                pilot service will be available;
                    ``(B) establish the duration of the pilot service;
                    ``(C) define the terms and conditions of the pilot 
                service, with the goal of expediting visa appointments 
                and the interview process for those electing to pay 
                said fee for the service; and
                    ``(D) resources permitting, during the pilot 
                service, consider the addition of consulates in 
                locations advantageous to foreign policy objectives or 
                in highly populated locales.
            ``(2) Fees.--
                    ``(A) Authority to collect.--The Secretary of State 
                is authorized to collect, and set the amount of, a fee 
                imposed for the premium processing service. The 
                Secretary of State shall set the fee based on all 
                relevant considerations including, the cost of 
                expedited service.
                    ``(B) Use of fees.--Fees collected under the 
                authority of subparagraph (A) shall be deposited as an 
                offsetting collection to any Department of State 
                appropriation, to recover the costs of providing 
                consular services. Such fees shall remain available for 
                obligation until expended.
                    ``(C) Relationship to other fees.--Such fee is in 
                addition to any existing fee currently being collected 
                by the Department of State.
                    ``(D) Nonrefundable.--Such fee will be 
                nonrefundable to the applicant.
            ``(3) Description of premium processing.--Premium 
        processing pertains solely to the expedited scheduling of a 
        visa interview. Utilizing the premium processing service for an 
        expedited interview appointment does not establish the 
        applicant's eligibility for a visa. The Secretary of State 
        shall, if possible, inform applicants utilizing the premium 
        processing of potential delays in visa issuance due to 
        additional screening requirements, including necessary 
        security-related checks and clearances.
            ``(4) Report to congress.--
                    ``(A) Requirement for report.--Not later than 18 
                months after the date of the enactment of the JOLT Act 
                of 2013, the Secretary of State shall submit to the 
                appropriate committees of Congress a report on the 
                results of the pilot service carried out under this 
                section.
                    ``(B) Appropriate committees of congress defined.--
                In this paragraph, the term `appropriate committees of 
                Congress' means--
                            ``(i) the Committee on the Judiciary, the 
                        Committee on Foreign Relations, and the 
                        Committee on Appropriations of the Senate; and
                            ``(ii) the Committee on the Judiciary, the 
                        Committee on Foreign Affairs, and the Committee 
                        on Appropriations of the House of 
                        Representatives.''.

SEC. 4503. ENCOURAGING CANADIAN TOURISM TO THE UNITED STATES.

    Section 214 (8 U.S.C. 1184), as amended by sections 3609, 4233, and 
4405, is further amended by adding at the end the following:
    ``(v) Canadian Retirees.--
            ``(1) In general.--The Secretary of Homeland Security may 
        admit as a visitor for pleasure as described in section 
        101(a)(15)(B) any alien for a period not to exceed 240 days, if 
        the alien demonstrates, to the satisfaction of the Secretary, 
        that the alien--
                    ``(A) is a citizen of Canada;
                    ``(B) is at least 55 years of age;
                    ``(C) maintains a residence in Canada;
                    ``(D) owns a residence in the United States or has 
                signed a rental agreement for accommodations in the 
                United States for the duration of the alien's stay in 
                the United States;
                    ``(E) is not inadmissible under section 212;
                    ``(F) is not described in any ground of 
                deportability under section 237;
                    ``(G) will not engage in employment or labor for 
                hire in the United States; and
                    ``(H) will not seek any form of assistance or 
                benefit described in section 403(a) of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996 (8 U.S.C. 1613(a)).
            ``(2) Spouse.--The spouse of an alien described in 
        paragraph (1) may be admitted under the same terms as the 
        principal alien if the spouse satisfies the requirements of 
        paragraph (1), other than subparagraphs (B) and (D).
            ``(3) Immigrant intent.--In determining eligibility for 
        admission under this subsection, maintenance of a residence in 
        the United States shall not be considered evidence of intent by 
        the alien to abandon the alien's residence in Canada.
            ``(4) Period of admission.--During any single 365-day 
        period, an alien may be admitted as described in section 
        101(a)(15)(B) pursuant to this subsection for a period not to 
        exceed 240 days, beginning on the date of admission. Unless an 
        extension is approved by the Secretary, periods of time spent 
        outside the United States during such 240-day period shall not 
        toll the expiration of such 240-day period.''.

SEC. 4504. RETIREE VISA.

    (a) Nonimmigrant Status.--Section 101(a)(15), as amended, is 
further amended by inserting after subparagraph (X) the following:
                    ``(Y) subject to section 214(w), an alien who, 
                after the date of the enactment of the JOLT Act of 
                2013--
                            ``(i)(I) uses at least $500,000 in cash to 
                        purchase 1 or more residences in the United 
                        States, which each sold for more than 100 
                        percent of the most recent appraised value of 
                        such residence, as determined by the property 
                        assessor in the city or county in which the 
                        residence is located;
                            ``(II) maintains ownership of residential 
                        property in the United States worth at least 
                        $500,000 during the entire period the alien 
                        remains in the United States as a nonimmigrant 
                        described in this subparagraph; and
                            ``(III) resides for more than 180 days per 
                        year in a residence in the United States that 
                        is worth at least $250,000; and
                            ``(ii) the alien spouse and children of the 
                        alien described in clause (i) if accompanying 
                        or following to join the alien.''.
    (b) Visa Application Procedures.--Section 214 (8 U.S.C. 1184), as 
amended by sections 3609, 4233, 4405, and 4503, is further amended by 
adding at the end the following:
    ``(w) Visas of Nonimmigrants Described in Section 101(a)(15)(Y).--
            ``(1) The Secretary of Homeland Security shall authorize 
        the issuance of a nonimmigrant visa to any alien described in 
        section 101(a)(15)(Y) who submits a petition to the Secretary 
        that--
                    ``(A) demonstrates, to the satisfaction of the 
                Secretary, that the alien--
                            ``(i) has purchased a residence in the 
                        United States that meets the criteria set forth 
                        in section 101(a)(15)(Y)(i);
                            ``(ii) is at least 55 years of age;
                            ``(iii) possesses health insurance 
                        coverage;
                            ``(iv) is not inadmissible under section 
                        212; and
                            ``(v) will comply with the terms set forth 
                        in paragraph (2); and
                    ``(B) includes payment of a fee in an amount equal 
                to $1,000.
            ``(2) An alien who is issued a visa under this subsection--
                    ``(A) shall reside in the United States at a 
                residence that meets the criteria set forth in section 
                101(a)(15)(Y)(i) for more than 180 days per year;
                    ``(B) is not authorized to engage in employment in 
                the United States, except for employment that is 
                directly related to the management of the residential 
                property described in section 101(Y)(i)(II);
                    ``(C) is not eligible for any form of assistance or 
                benefit described in section 403(a) of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996 (8 U.S.C. 1613(a)); and
                    ``(D) may renew such visa every 3 years under the 
                same terms and conditions.''.
    (c) Use of Fee.--Fees collected under section 214(w)(1)(B) of the 
Immigration and Nationality Act, as added by subsection (b), shall be 
deposited in the Comprehensive Immigration Reform Trust Fund 
established under section 6(a)(1).

SEC. 4505. INCENTIVES FOR FOREIGN VISITORS VISITING THE UNITED STATES 
              DURING LOW PEAK SEASONS.

    The Secretary of State shall make publically available, on a 
monthly basis, historical data, for the previous 2 years, regarding the 
availability of visa appointments for each visa processing post, to 
allow applicants to identify periods of low demand, when wait times 
tend to be lower.

SEC. 4506. VISA WAIVER PROGRAM ENHANCED SECURITY AND REFORM.

    (a) Definitions.--Section 217(c)(1) (8 U.S.C. 1187(c)(1)) is 
amended to read as follows:
            ``(1) Authority to designate; definitions.--
                    ``(A) Authority to designate.--The Secretary of 
                Homeland Security, in consultation with the Secretary 
                of State, may designate any country as a program 
                country if that country meets the requirements under 
                paragraph (2).
                    ``(B) Definitions.--In this subsection:
                            ``(i) Appropriate congressional 
                        committees.--The term `appropriate 
                        congressional committees' means--
                                    ``(I) the Committee on Foreign 
                                Relations, the Committee on Homeland 
                                Security and Governmental Affairs, and 
                                the Committee on the Judiciary of the 
                                Senate; and
                                    ``(II) the Committee on Foreign 
                                Affairs, the Committee on Homeland 
                                Security, and the Committee on the 
                                Judiciary of the House of 
                                Representatives.
                            ``(ii) Overstay rate.--
                                    ``(I) Initial designation.--The 
                                term `overstay rate' means, with 
                                respect to a country being considered 
                                for designation in the program, the 
                                ratio of--
                                            ``(aa) the number of 
                                        nationals of that country who 
                                        were admitted to the United 
                                        States on the basis of a 
                                        nonimmigrant visa under section 
                                        101(a)(15)(B) whose periods of 
                                        authorized stay ended during a 
                                        fiscal year but who remained 
                                        unlawfully in the United States 
                                        beyond such periods; to
                                            ``(bb) the number of 
                                        nationals of that country who 
                                        were admitted to the United 
                                        States on the basis of a 
                                        nonimmigrant visa under section 
                                        101(a)(15)(B) whose periods of 
                                        authorized stay ended during 
                                        that fiscal year.
                                    ``(II) Continuing designation.--The 
                                term `overstay rate' means, for each 
                                fiscal year after initial designation 
                                under this section with respect to a 
                                country, the ratio of--
                                            ``(aa) the number of 
                                        nationals of that country who 
                                        were admitted to the United 
                                        States under this section or on 
                                        the basis of a nonimmigrant 
                                        visa under section 
                                        101(a)(15)(B) whose periods of 
                                        authorized stay ended during a 
                                        fiscal year but who remained 
                                        unlawfully in the United States 
                                        beyond such periods; to
                                            ``(bb) the number of 
                                        nationals of that country who 
                                        were admitted to the United 
                                        States under this section or on 
                                        the basis of a nonimmigrant 
                                        visa under section 
                                        101(a)(15)(B) whose periods of 
                                        authorized stay ended during 
                                        that fiscal year.
                                    ``(III) Computation of overstay 
                                rate.--In determining the overstay rate 
                                for a country, the Secretary of 
                                Homeland Security may utilize 
                                information from any available 
                                databases to ensure the accuracy of 
                                such rate.
                            ``(iii) Program country.--The term `program 
                        country' means a country designated as a 
                        program country under subparagraph (A).''.
    (b) Technical and Conforming Amendments.--Section 217 (8 U.S.C. 
1187) is amended--
            (1) by striking ``Attorney General'' each place the term 
        appears (except in subsection (c)(11)(B)) and inserting 
        ``Secretary of Homeland Security''; and
            (2) in subsection (c)--
                    (A) in paragraph (2)(C)(iii), by striking 
                ``Committee on the Judiciary and the Committee on 
                International Relations of the House of Representatives 
                and the Committee on the Judiciary and the Committee on 
                Foreign Relations of the Senate'' and inserting 
                ``appropriate congressional committees'';
                    (B) in paragraph (5)(A)(i)(III), by striking 
                ``Committee on the Judiciary, the Committee on Foreign 
                Affairs, and the Committee on Homeland Security, of the 
                House of Representatives and the Committee on the 
                Judiciary, the Committee on Foreign Relations, and the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate'' and inserting ``appropriate 
                congressional committees''; and
                    (C) in paragraph (7), by striking subparagraph (E).
    (c) Designation of Program Countries Based on Overstay Rates.--
            (1) In general.--Section 217(c)(2)(A) (8 U.S.C. 
        1187(c)(2)(A)) is amended to read as follows:
                    ``(A) General numerical limitations.--
                            ``(i) Low nonimmigrant visa refusal rate.--
                        The percentage of nationals of that country 
                        refused nonimmigrant visas under section 
                        101(a)(15)(B) during the previous full fiscal 
                        year was not more than 3 percent of the total 
                        number of nationals of that country who were 
                        granted or refused nonimmigrant visas under 
                        such section during such year.
                            ``(ii) Low nonimmigrant overstay rate.--The 
                        overstay rate for that country was not more 
                        than 3 percent during the previous fiscal 
                        year.''.
            (2) Qualification criteria.--Section 217(c)(3) (8 U.S.C. 
        1187(c)(3)) is amended to read as follows:
            ``(3) Qualification criteria.--After designation as a 
        program country under section 217(c)(2), a country may not 
        continue to be designated as a program country unless the 
        Secretary of Homeland Security, in consultation with the 
        Secretary of State, determines, pursuant to the requirements 
        under paragraph (5), that the designation will be continued.''.
            (3) Initial period.--Section 217(c) (8 U.S.C. 1187(c)) is 
        amended by striking paragraph (4).
            (4) Continuing designation.--Section 217(c)(5)(A)(i)(II) (8 
        U.S.C. 1187(c)(5)(A)(i)(II)) is amended to read as follows:

                                                    ``(II) shall 
                                                determine, based upon 
                                                the evaluation in 
                                                subclause (I), whether 
                                                any such designation 
                                                under subsection (d) or 
                                                (f), or probation under 
                                                subsection (f), ought 
                                                to be continued or 
                                                terminated;''.

            (5) Computation of visa refusal rates; judicial review.--
        Section 217(c)(6) (8 U.S.C. 1187(c)(6)) is amended to read as 
        follows:
            ``(6) Computation of visa refusal rates and judicial 
        review.--
                    ``(A) Computation of visa refusal rates.--For 
                purposes of determining the eligibility of a country to 
                be designated as a program country, the calculation of 
                visa refusal rates shall not include any visa refusals 
                which incorporate any procedures based on, or are 
                otherwise based on, race, sex, or disability, unless 
                otherwise specifically authorized by law or regulation.
                    ``(B) Judicial review.--No court shall have 
                jurisdiction under this section to review any visa 
                refusal, the Secretary of State's computation of a visa 
                refusal rate, the Secretary of Homeland Security's 
                computation of an overstay rate, or the designation or 
                nondesignation of a country as a program country.''.
            (6) Visa waiver information.--Section 217(c)(7) (8 U.S.C. 
        1187(c)(7)), as amended by subsection (b)(2)(C), is further 
        amended--
                    (A) by striking subparagraphs (B) through (D); and
                    (B) by striking ``waiver information.--'' and all 
                that follows through ``In refusing'' and inserting 
                ``waiver information.--In refusing''.
            (7) Waiver authority.--Section 217(c)(8) (8 U.S.C. 
        1187(c)(8)) is amended to read as follows:
            ``(8) Waiver authority.--The Secretary of Homeland 
        Security, in consultation with the Secretary of State, may 
        waive the application of paragraph (2)(A)(i) for a country if--
                    ``(A) the country meets all other requirements of 
                paragraph (2);
                    ``(B) the Secretary of Homeland Security determines 
                that the totality of the country's security risk 
                mitigation measures provide assurance that the 
                country's participation in the program would not 
                compromise the law enforcement, security interests, or 
                enforcement of the immigration laws of the United 
                States;
                    ``(C) there has been a general downward trend in 
                the percentage of nationals of the country refused 
                nonimmigrant visas under section 101(a)(15)(B);
                    ``(D) the country consistently cooperated with the 
                Government of the United States on counterterrorism 
                initiatives, information sharing, preventing terrorist 
                travel, and extradition to the United States of 
                individuals (including the country's own nationals) who 
                commit crimes that violate United States law before the 
                date of its designation as a program country, and the 
                Secretary of Homeland Security and the Secretary of 
                State assess that such cooperation is likely to 
                continue; and
                    ``(E) the percentage of nationals of the country 
                refused a nonimmigrant visa under section 101(a)(15)(B) 
                during the previous full fiscal year was not more than 
                10 percent of the total number of nationals of that 
                country who were granted or refused such nonimmigrant 
                visas.''.
    (d) Termination of Designation; Probation.--Section 217(f) (8 
U.S.C. 1187(f)) is amended to read as follows:
    ``(f) Termination of Designation; Probation.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Probationary period.--The term `probationary 
                period' means the fiscal year in which a probationary 
                country is placed in probationary status under this 
                subsection.
                    ``(B) Program country.--The term `program country' 
                has the meaning given that term in subsection 
                (c)(1)(B).
            ``(2) Determination, notice, and initial probationary 
        period.--
                    ``(A) Determination of probationary status and 
                notice of noncompliance.--As part of each program 
                country's periodic evaluation required by subsection 
                (c)(5)(A), the Secretary of Homeland Security shall 
                determine whether a program country is in compliance 
                with the program requirements under subparagraphs 
                (A)(ii) through (F) of subsection (c)(2).
                    ``(B) Initial probationary period.--If the 
                Secretary of Homeland Security determines that a 
                program country is not in compliance with the program 
                requirements under subparagraphs (A)(ii) through (F) of 
                subsection (c)(2), the Secretary of Homeland Security 
                shall place the program country in probationary status 
                for the fiscal year following the fiscal year in which 
                the periodic evaluation is completed.
            ``(3) Actions at the end of the initial probationary 
        period.--At the end of the initial probationary period of a 
        country under paragraph (2)(B), the Secretary of Homeland 
        Security shall take 1 of the following actions:
                    ``(A) Compliance during initial probationary 
                period.--If the Secretary determines that all instances 
                of noncompliance with the program requirements under 
                subparagraphs (A)(ii) through (F) of subsection (c)(2) 
                that were identified in the latest periodic evaluation 
                have been remedied by the end of the initial 
                probationary period, the Secretary shall end the 
                country's probationary period.
                    ``(B) Noncompliance during initial probationary 
                period.--If the Secretary determines that any instance 
                of noncompliance with the program requirements under 
                subparagraphs (A)(ii) through (F) of subsection (c)(2) 
                that were identified in the latest periodic evaluation 
                has not been remedied by the end of the initial 
                probationary period--
                            ``(i) the Secretary may terminate the 
                        country's participation in the program; or
                            ``(ii) on an annual basis, the Secretary 
                        may continue the country's probationary status 
                        if the Secretary, in consultation with the 
                        Secretary of State, determines that the 
                        country's continued participation in the 
                        program is in the national interest of the 
                        United States.
            ``(4) Actions at the end of additional probationary 
        periods.--At the end of all probationary periods granted to a 
        country pursuant to paragraph (3)(B)(ii), the Secretary shall 
        take 1 of the following actions:
                    ``(A) Compliance during additional period.--The 
                Secretary shall end the country's probationary status 
                if the Secretary determines during the latest periodic 
                evaluation required by subsection (c)(5)(A) that the 
                country is in compliance with the program requirements 
                under subparagraphs (A)(ii) through (F) of subsection 
                (c)(2).
                    ``(B) Noncompliance during additional periods.--The 
                Secretary shall terminate the country's participation 
                in the program if the Secretary determines during the 
                latest periodic evaluation required by subsection 
                (c)(5)(A) that the program country continues to be in 
                noncompliance with the program requirements under 
                subparagraphs (A)(ii) through (F) of subsection (c)(2).
            ``(5) Effective date.--The termination of a country's 
        participation in the program under paragraph (3)(B) or (4)(B) 
        shall take effect on the first day of the first fiscal year 
        following the fiscal year in which the Secretary determines 
        that such participation shall be terminated. Until such date, 
        nationals of the country shall remain eligible for a waiver 
        under subsection (a).
            ``(6) Treatment of nationals after termination.--For 
        purposes of this subsection and subsection (d)--
                    ``(A) nationals of a country whose designation is 
                terminated under paragraph (3) or (4) shall remain 
                eligible for a waiver under subsection (a) until the 
                effective date of such termination; and
                    ``(B) a waiver under this section that is provided 
                to such a national for a period described in subsection 
                (a)(1) shall not, by such termination, be deemed to 
                have been rescinded or otherwise rendered invalid, if 
                the waiver is granted prior to such termination.
            ``(7) Consultative role of the secretary of state.--In this 
        subsection, references to subparagraphs (A)(ii) through (F) of 
        subsection (c)(2) and subsection (c)(5)(A) carry with them the 
        consultative role of the Secretary of State as provided in 
        those provisions.''.
    (e) Review of Overstay Tracking Methodology.--Not later than 180 
days after the date of the enactment of this Act, the Comptroller 
General of the United States shall conduct a review of the methods used 
by the Secretary--
            (1) to track aliens entering and exiting the United States; 
        and
            (2) to detect any such alien who stays longer than such 
        alien's period of authorized admission.
    (f) Evaluation of Electronic System for Travel Authorization.--Not 
later than 90 days after the date of the enactment of this Act, the 
Secretary shall submit to Congress--
            (1) an evaluation of the security risks of aliens who enter 
        the United States without an approved Electronic System for 
        Travel Authorization verification; and
            (2) a description of any improvements needed to minimize 
        the number of aliens who enter the United States without the 
        verification described in paragraph (1).
    (g) Sense of Congress on Priority for Review of Program 
Countries.--It is the sense of Congress that the Secretary, in the 
process of conducting evaluations of countries participating in the 
visa waiver program under section 217 of the Immigration and 
Nationality Act (8 U.S.C. 1187), should prioritize the reviews of 
countries in which circumstances indicate that such a review is 
necessary or desirable.
    (h) Eligibility of Hong Kong Special Administrative Region for 
Designation for Participation in Visa Waiver Program for Certain 
Visitors to the United States.--Section 217(c) (8 U.S.C. 1187(c)) is 
amended by adding at the end the following new paragraph:
            ``(12) Eligibility of certain region for designation as 
        program country.--The Hong Kong Special Administrative Region 
        of the People's Republic of China--
                    ``(A) shall be eligible for designation as a 
                program country for purposes of this subsection; and
                    ``(B) may be designated as a program country for 
                purposes of this subsection if such region meets 
                requirements applicable for such designation in this 
                subsection.''.

SEC. 4507. EXPEDITING ENTRY FOR PRIORITY VISITORS.

    Section 7208(k)(4) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (8 U.S.C. 1365b(k)(4)) is amended to read as 
follows:
            ``(4) Expediting entry for priority visitors.--
                    ``(A) In general.--The Secretary of Homeland 
                Security may expand the enrollment across registered 
                traveler programs to include eligible individuals 
                employed by international organizations, selected by 
                the Secretary, which maintain strong working 
                relationships with the United States.
                    ``(B) Requirements.--An individual may not be 
                enrolled in a registered traveler program unless--
                            ``(i) the individual is sponsored by an 
                        international organization selected by the 
                        Secretary under subparagraph (A); and
                            ``(ii) the government that issued the 
                        passport that the individual is using has 
                        entered into a Trusted Traveler Arrangement 
                        with the Department of Homeland Security to 
                        participate in a registered traveler program.
                    ``(C) Security requirements.--An individual may not 
                be enrolled in a registered traveler program unless the 
                individual has successfully completed all applicable 
                security requirements established by the Secretary, 
                including cooperation from the applicable foreign 
                government, to ensure that the individual does not pose 
                a risk to the United States.
                    ``(D) Discretion.--Except as provided in 
                subparagraph (E), the Secretary shall retain 
                unreviewable discretion to offer or revoke enrollment 
                in a registered traveler program to any individual.
                    ``(E) Ineligible travelers.--An individual who is a 
                citizen of a state sponsor of terrorism (as defined in 
                section 301(13) of the Comprehensive Iran Sanctions, 
                Accountability, and Divestment Act of 2010 (22 U.S.C. 
                8541(13)) may not be enrolled in a registered traveler 
                program.''.

SEC. 4508. VISA PROCESSING.

    (a) In General.--Notwithstanding any other provision of law and not 
later than 90 days after the date of the enactment of this Act, the 
Secretary of State shall--
            (1) require United States diplomatic and consular 
        missions--
                    (A) to conduct visa interviews for nonimmigrant 
                visa applications determined to require a consular 
                interview in an expeditious manner, consistent with 
                national security requirements, and in recognition of 
                resource allocation considerations, such as the need to 
                ensure provision of consular services to citizens of 
                the United States;
                    (B) to set a goal of interviewing 80 percent of all 
                nonimmigrant visa applicants, worldwide, within 3 weeks 
                of receipt of application, subject to the conditions 
                outlined in subparagraph (A); and
                    (C) to explore expanding visa processing capacity 
                in China and Brazil, with the goal of maintaining 
                interview wait times under 15 work days on a 
                consistent, year-round basis, recognizing that demand 
                can spike suddenly and unpredictably and that the first 
                priority of United States missions abroad is the 
                protection of citizens of the United States; and
            (2) submit to the appropriate committees of Congress a 
        detailed strategic plan that describes the resources needed to 
        carry out paragraph (1)(A).
    (b) Appropriate Committees of Congress.--In this section, the term 
``appropriate committees of Congress'' means--
            (1) the Committee on the Judiciary, the Committee on 
        Foreign Relations, and the Committee on Appropriations of the 
        Senate; and
            (2) the Committee on the Judiciary, the Committee on 
        Foreign Affairs, and the Committee on Appropriations of the 
        House of Representatives.
    (c) Semi-Annual Report.--Not later than 30 days after the end of 
the first 6 months after the implementation of subsection (a), and not 
later than 30 days after the end of each subsequent quarter, the 
Secretary of State shall submit to the appropriate committees of 
Congress a report that provides--
            (1) data substantiating the efforts of the Secretary of 
        State to meet the requirements and goals described in 
        subsection (a);
            (2) any factors that have negatively impacted the efforts 
        of the Secretary to meet such requirements and goals; and
            (3) any measures that the Secretary plans to implement to 
        meet such requirements and goals.
    (d) Savings Provision.--
            (1) In general.--Nothing in subsection (a) may be construed 
        to affect a consular officer's authority--
                    (A) to deny a visa application under section 221(g) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1201(g)); or
                    (B) to initiate any necessary or appropriate 
                security-related check or clearance.
            (2) Security checks.--The completion of a security-related 
        check or clearance shall not be subject to the time limits set 
        out in subsection (a).

SEC. 4509. B VISA FEE.

    Section 281 (8 U.S.C. 1351), as amended by sections 4105, 4407, and 
4408, is further amended by adding at the end the following:
    ``(g) B Visa Fee.--In addition to the fees authorized under 
subsection (a), the Secretary of Homeland Security shall collect a $5 
fee from each nonimmigrant admitted under section 101(a)(15)(B). Fees 
collected under this subsection shall be deposited into the 
Comprehensive Immigration Reform Trust Fund established under section 
6(a)(1) of the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996.''.

              Subtitle F--Reforms to the H-2B Visa Program

SEC. 4601. EXTENSION OF RETURNING WORKER EXEMPTION TO H-2B NUMERICAL 
              LIMITATION.

    (a) In General.--
            (1) In general.--Subparagraph (A) of paragraph (10) of 
        section 214(g) (8 U.S.C. 1184(g)), as redesignated by section 
        4101(a)(3), is amended by striking ``fiscal year 2004, 2005, or 
        2006 shall not again be counted toward such limitation during 
        fiscal year 2007.'' and inserting ``fiscal year 2013 shall not 
        again be counted toward such limitation during fiscal years 
        2014 through 2018.''.
            (2) Effective period.--The amendment made by paragraph (1) 
        shall be effective during the period beginning on the effective 
        date described in subsection (c) and ending on September 30, 
        2018.
    (b) Technical and Clarifying Amendments.--
            (1) Nonimmigrant status.--Section 101(a)(15)(P) (8 U.S.C. 
        1101(a)(15)(P)) is amended--
                    (A) in clause (iii), by striking ``or'' at the end;
                    (B) in clause (iv), by striking ``clause (i), (ii), 
                or (iii),'' and inserting ``clause (i), (ii), (iii), or 
                (iv)'';
                    (C) by redesignating clause (iv) as clause (v); and
                    (D) by inserting after clause (iii) the following:
                            ``(iv) is a ski instructor, who has been 
                        certified as a level I, II, or III ski and 
                        snowboard instructor by the Professional Ski 
                        Instructors of America or the American 
                        Association of Snowboard Instructors, or 
                        received an equivalent certification in the 
                        alien's country of origin, and is seeking to 
                        enter the United States temporarily to perform 
                        instructing services; or''.
            (2) Authorized period of stay; numerical limitation.--
        Section 214(a)(2)(B) (8 U.S.C. 1184(a)(2)(B)) is amended in the 
        second sentence--
                    (A) by inserting ``or ski instructors'' after 
                ``athletes''; and
                    (B) by inserting ``or ski instructor'' after 
                ``athlete''.
            (3) Construction.--Nothing in the amendments made by this 
        subsection may be construed as preventing an alien who is a ski 
        instructor from obtaining nonimmigrant status under section 
        101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(15)(H)(ii)(b)) if such alien is otherwise 
        qualified for such status.
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect as if enacted on January 1, 2013.

SEC. 4602. OTHER REQUIREMENTS FOR H-2B EMPLOYERS.

    Section 214 (8 U.S.C. 1184), as amended by sections 3609, 4233, 
4405, 4503, and 4504, is further amended by adding at the end the 
following:
    ``(x) Requirements for H-2B Employers.--
            ``(1) H-2B nonimmigrant defined.--In this subsection the 
        term `H-2B nonimmigrant' means an alien admitted to the United 
        States pursuant to section 101(a)(15)(H)(ii)(B).
            ``(2) Non-displacement of united states workers.--An 
        employer who seeks to employ an H-2B nonimmigrant admitted in 
        an occupational classification shall certify and attest that 
        the employer did not displace and will not displace a United 
        States worker employed by the employer in the same metropolitan 
        statistical area where such nonimmigrant will be hired within 
        the period beginning 90 days before the start date and ending 
        on the end date for which the employer is seeking the services 
        of such nonimmigrant as specified on an application for labor 
        certification under this Act.
            ``(3) Transportation costs.--The employer shall pay the 
        transportation costs, including reasonable subsistence costs 
        during the period of travel, for an H-2B nonimmigrant hired by 
        the employer--
                    ``(A) from the place of recruitment to the place of 
                such nonimmigrant's employment; and
                    ``(B) from the place of employment to such 
                nonimmigrant's place of permanent residence or a 
                subsequent worksite.
            ``(4) Payment of fees.--A fee related to the hiring of an 
        H-2B nonimmigrant required to be paid by an employer under this 
        Act shall be paid by the employer and may not be deducted from 
        the wages or other compensation paid to an H-2B nonimmigrant.
            ``(5) H-2B nonimmigrant labor certification application 
        fee.--
                    ``(A) In general.--To recover costs of carrying out 
                labor certification activities under the H-2B program, 
                the Secretary of Labor shall impose a $500 fee on an 
                employer that submits an application for an employment 
                certification for aliens granted H-2B nonimmigrant 
                status to the Secretary of Labor under this 
                subparagraph on or after the date that is 30 days after 
                the date of the enactment of the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996.''.
                    ``(B) Use of fees.--The fees collected under 
                subparagraph (A) shall be deposited in the 
                Comprehensive Immigration Reform Trust Fund established 
                under section 6 of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996.''.

SEC. 4603. EXECUTIVES AND MANAGERS.

    Section 214(a)(1) (8 U.S.C. 1184(a)(1)) is amended by adding at the 
end the following: ``Aliens admitted under section 101(a)(15) should 
include--
            ``(A) executives and managers employed by a firm or 
        corporation or other legal entity or an affiliate or subsidiary 
        thereof who are principally stationed abroad and who seek to 
        enter the United States for periods of 90 days or less to 
        oversee and observe the United States operations of their 
        related companies, and establish strategic objectives when 
        needed; or
            ``(B) employees of multinational corporations who enter the 
        United States to observe the operations of a related United 
        States company and participate in select leadership and 
        development training activities, whether or not the activity is 
        part of a formal or classroom training program for a period not 
        to exceed 180 days.
        Nonimmigrant aliens admitted pursuant to section 101(a)(15) and 
        engaged in the activities described in the subparagraph (A) or 
        (B) may not receive a salary from a United States source, 
        except for incidental expenses for meals, travel, lodging and 
        other basic services.''.

SEC. 4604. HONORARIA.

    Section 212(q) (8 U.S.C. 1182(q)) is amended to read as follows:
    ``(q)(1) Any alien admitted under section 101(a)(15)(B) may accept 
an honorarium payment and associated incidental expenses, for a usual 
academic activity or activities (lasting not longer than 9 days at any 
single institution), as defined by the Attorney General in consultation 
with the Secretary of Education, or for a performance, appearance and 
participation in United States based programming, including scripted or 
unscripted programming (with services not rendered for more than 60 
days in a 6 month period) if the alien has received a letter of 
invitation from the institution, organization, or media outlet, such 
payment is offered by an institution, organization, or media outlet 
described in paragraph (2) and is made for services conducted for the 
benefit of that institution, entity or media outlet and if the alien 
has not accepted such payment or expenses from more than 5 
institutions, organizations, or media outlets in the previous 6-month 
period. Any alien who is admitted under section 101(a)(15)(B) or any 
other valid visa may perform services under this section without 
reentering the United States and without a letter of invitation, if the 
alien does not receive any remuneration including an honorarium payment 
or incidental expenses, but may receive prize money.
    ``(2) An institution, organization, or media outlet described in 
this paragraph--
            ``(A) an institution of higher education (as defined in 
        section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1001(a))) or a related or affiliated nonprofit entity;
            ``(B) a nonprofit research organization or a governmental 
        research organization; and
            ``(C) a broadcast network, cable entity, production 
        company, new media, internet and mobile based companies, who 
        create or distribute programming content.''.

SEC. 4605. NONIMMIGRANTS PARTICIPATING IN RELIEF OPERATIONS.

    Section 214 (8 U.S.C. 1184), as amended by sections 3609, 4233, 
4405, 4503, 4504, and 4602, is further amended by adding at the end 
following:
    ``(y) Nonimmigrants Participating in Relief Operations.--
            ``(1) In general.--An alien coming individually, or aliens 
        coming as a group, to participate in relief operations, 
        including critical infrastructure repairs or improvements, 
        needed in response to a Federal or State declared emergency or 
        disaster, may be admitted to the United States pursuant to 
        section 101(a)(15)(B) for a period of not more than 90 days if 
        each such alien has been employed in a foreign country by 1 
        employer for not less than 1 year prior to the date the alien 
        is so admitted.
            ``(2) Prohibition on direct payments from a united states 
        source.--During a period of admission pursuant to paragraph 
        (1), an alien may not receive direct payments from a United 
        States source, except for incidental expenses for meals, 
        travel, lodging, and other basic services.''.

SEC. 4606. NONIMMIGRANTS PERFORMING MAINTENANCE ON COMMON CARRIERS.

    Section 214 (8 U.S.C. 1184), as amended by sections 3609, 4233, 
4405, 4503, 4504, 4602, and 4603, is further amended by adding at the 
end following:
    ``(z) Nonimmigrants Performing Maintenance on Common Carrier.--
            ``(1) In general.--An alien coming individually, or aliens 
        coming as a group, who possess specialized knowledge to perform 
        maintenance or repairs for common carriers, including to 
        airlines, cruise lines, and railways, if such maintenance or 
        repairs are occurring to equipment or machinery manufactured 
        outside of the United States and are needed for purposes 
        relating to life, health, and safety, may be admitted to the 
        United States pursuant to section 101(a)(15)(B) for a period of 
        not more than 90 days if each such alien has been employed in a 
        foreign country by 1 employer for not less than 1 year prior to 
        the date the alien is so admitted.
            ``(2) Prohibition on income from a united states source.--
        During a period of admission pursuant to paragraph (1), an 
        alien may not receive income from a United States source, 
        except for incidental expenses for meals, travel, lodging, and 
        other basic services.
            ``(3) Fee.--
                    ``(A) In general.--An alien admitted pursuant to 
                paragraph (1) shall pay a fee of $500 in addition to 
                any fee assessed to cover the costs to process an 
                application under this subsection.
                    ``(B) Use of fee.--The fees collected under 
                subparagraph (A) shall be deposited in the 
                Comprehensive Immigration Reform Trust Fund established 
                under section 6(a)(1) of the Illegal Immigration Reform 
                and Immigrant Responsibility Act of 1996.''.

SEC. 4607. AMERICAN JOBS IN AMERICAN FORESTS.

    (a) Short Title.--This section may be cited as the ``American Jobs 
in American Forests Act of 2013''.
    (b) Definitions.--In this section:
            (1) Forestry.--The term ``forestry'' means--
                    (A) propagating, protecting, and managing forest 
                tracts;
                    (B) felling trees and cutting them into logs;
                    (C) using hand tools or operating heavy powered 
                equipment to perform activities such as preparing sites 
                for planting, tending crop trees, reducing competing 
                vegetation, moving logs, piling brush, and yarding and 
                trucking logs from the forest; and
                    (D) planting seedlings and trees.
            (2) H-2B nonimmigrant.--The term ``H-2B nonimmigrant'' 
        means a nonimmigrant described in section 101(a)(15)(H)(ii)(b) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(H)(ii)(b)).
            (3) Prospective h-2b employer.--The term ``prospective H-2B 
        employer'' means a United States business that is considering 
        employing 1 or more nonimmigrants described in section 
        101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(15)(H)(ii)(b)).
            (4) State workforce agency.--The term ``State workforce 
        agency'' means the workforce agency of the State in which the 
        prospective H-2B employer intends to employ H-2B nonimmigrants.
    (c) Department of Labor.--
            (1) Recruitment.--As a component of the labor certification 
        process required before H-2B nonimmigrants are offered forestry 
        employment in the United States, the Secretary of Labor shall 
        require all prospective H-2B employers, before they submit a 
        petition to hire H-2B nonimmigrants to work in forestry, to 
        conduct a robust effort to recruit United States workers, 
        including, to the extent the State workforce agency considers 
        appropriate--
                    (A) advertising at employment or job-placement 
                events, such as job fairs;
                    (B) placing the job opportunity with the State 
                workforce agency and working with such agency to 
                identify qualified and available United States workers;
                    (C) advertising in appropriate media, including 
                local radio stations and commonly used, reputable 
                Internet job-search sites; and
                    (D) such other recruitment efforts as the State 
                workforce agency considers appropriate for the sector 
                or positions for which H-2B nonimmigrants would be 
                considered.
            (2) Separate certifications and petitions.--A prospective 
        H-2B employer shall submit a separate application for temporary 
        employment certification and petition for each State in which 
        the employer plans to employ H-2B nonimmigrants in forestry for 
        a period of 7 days or longer. The Secretary of Labor shall 
        review each application for temporary employment certification 
        and decide separately whether certification is warranted.
    (d) State Workforce Agencies.--The Secretary of Labor may not grant 
a temporary labor certification to a prospective H-2B employer seeking 
to employ H-2B nonimmigrants in forestry until after the Director of 
the State workforce agency, in each State in which such workers are 
sought--
            (1) submits a report to the Secretary of Labor certifying 
        that--
                    (A) the employer has complied with all recruitment 
                requirements set forth in subsection (c)(1) and there 
                is legitimate demand for the employment of H-2B 
                nonimmigrants in each of those States; or
                    (B) the employer has amended the application by 
                removing or making appropriate modifications with 
                respect to the States in which the criteria set forth 
                in subparagraph (A) have not been met; and
            (2) makes a formal determination that nationals of the 
        United States are not qualified or available to fill the 
        employment opportunities offered by the prospective H-2B 
        employer.

                    Subtitle G--W Nonimmigrant Visas

SEC. 4701. BUREAU OF IMMIGRATION AND LABOR MARKET RESEARCH.

    (a) Definitions.--In this section:
            (1) Bureau.--Except as otherwise specifically provided, the 
        term ``Bureau'' means the Bureau of Immigration and Labor 
        Market Research established under subsection (b).
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of the Bureau.
            (3) Construction occupation.--The term ``construction 
        occupation'' means an occupation classified by the Bureau of 
        Labor Statistics as being within the construction industry for 
        the purposes of publishing the Bureau's workforce statistics.
            (4) Metropolitan statistical area.--The term ``metropolitan 
        statistical area'' means a geographic area designated as a 
        metropolitan statistical area by the Director of the Office of 
        Management and Budget.
            (5) Shortage occupation.--The term ``shortage occupation'' 
        means an occupation that the Commissioner determines is 
        experiencing a shortage of labor--
                    (A) throughout the United States; or
                    (B) in a specific metropolitan statistical area.
            (6) W visa program.--The term ``W Visa Program'' means the 
        program for the admission of nonimmigrant aliens described in 
        subparagraph (W)(i) of section 101(a)(15) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(15)), as added by section 
        4702.
            (7) Zone 1 occupation.--The term ``zone 1 occupation'' 
        means an occupation that requires little or no preparation and 
        is classified as a zone 1 occupation on--
                    (A) the Occupational Information Network Database 
                (O*NET) on the date of the enactment of this Act; or
                    (B) such Database or a similar successor database, 
                as designated by the Secretary of Labor, after the date 
                of the enactment of this Act.
            (8) Zone 2 occupation.--The term ``zone 2 occupation'' 
        means an occupation that requires some preparation and is 
        classified as a zone 2 occupation on--
                    (A) the Occupational Information Network Database 
                (O*NET) on the date of the enactment of this Act; or
                    (B) such Database or a similar successor database, 
                as designated by the Secretary of Labor, after the date 
                of the enactment of this Act.
            (9) Zone 3 occupation.--The term ``zone 3 occupation'' 
        means an occupation that requires medium preparation and is 
        classified as a zone 3 occupation on--
                    (A) the Occupational Information Network Database 
                (O*NET) on the date of the enactment of this Act; or
                    (B) such Database or a similar successor database, 
                as designated by the Secretary of Labor, after the date 
                of the enactment of this Act.
    (b) Establishment.--There is established a Bureau of Immigration 
and Labor Market Research as an independent statistical agency within 
U.S. Citizenship and Immigration Services.
    (c) Commissioner.--The head of the Bureau of Immigration and Labor 
Market Research is the Commissioner, who shall be appointed by the 
President, by and with the advice and consent of the Senate.
    (d) Duties.--The duties of the Commissioner are limited to the 
following:
            (1) To devise a methodology subject to publication in the 
        Federal Register and an opportunity for public comment 
        regarding the calculation for the index referred to in section 
        220(g)(2)(C) of the Immigration and Nationality Act, as added 
        by section 4703.
            (2) To determine and to publish in the Federal Register the 
        annual change to the numerical limitation for nonimmigrant 
        aliens described in subparagraph (W)(i) of section 101(a)(15) 
        of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), 
        as added by section 4702.
            (3) With respect to the W Visa Program, to supplement the 
        recruitment methods employers may use to attract United States 
        workers and current nonimmigrant aliens described in paragraph 
        (2).
            (4) With respect to the W Visa Program, to devise a 
        methodology subject to publication in the Federal Register and 
        an opportunity for public comment to designate shortage 
        occupations in zone 1 occupations, zone 2 occupations, and zone 
        3 occupations. Such methodology must designated Alaskan seafood 
        processing in zones 1, 2, and 3 as shortage occupations.
            (5) With respect to the W Visa Program, to designate 
        shortage occupations in any zone 1 occupation, zone 2 
        occupation, or zone 3 occupation and publish such occupations 
        in the Federal Register. Alaskan seafood processing in zones 1, 
        2, and 3 must be designated as shortage occupations.
            (6) With respect to the W Visa Program, to conduct a survey 
        once every 3 months of the unemployment rate of zone 1 
        occupations, zone 2 occupations, or zone 3 occupations that are 
        construction occupations in each metropolitan statistical area.
            (7) To study and report to Congress on employment-based 
        immigrant and nonimmigrant visa programs in the United States 
        and to make annual recommendations to improve such programs.
            (8) To carry out any functions required to perform the 
        duties described in paragraphs (1) through (7).
    (e) Determination of Changes to Numerical Limitations.--The 
methodology required under subsection (d)(1) shall be published in the 
Federal Register not later than 18 months after the date of the 
enactment of this Act.
    (f) Designation of Shortage Occupations.--
            (1) Methods to determine.--The Commissioner shall--
                    (A) establish the methodology to designate shortage 
                occupations under subsection (d)(4); and
                    (B) publish such methodology in the Federal 
                Register not later than 18 months after the date of the 
                enactment of this Act.
            (2) Petition by employer.--The methodology established 
        under paragraph (1) shall permit an employer to petition the 
        Commissioner for a determination that a particular occupation 
        in a particular metropolitan statistical area is a shortage 
        occupation.
            (3) Requirement for notice and comment.--The methodology 
        established under paragraph (1) shall be effective only after 
        publication in the Federal Register and an opportunity for 
        public comment.
    (g) Employee Expertise.--The employees of the Bureau shall have the 
expertise necessary to identify labor shortages in the United States 
and make recommendations to the Commissioner on the impact of immigrant 
and nonimmigrant aliens on labor markets in the United States, 
including expertise in economics, labor markets, demographics and 
methods of recruitment of United States workers.
    (h) Interagency Cooperation.--At the request of the Commissioner, 
the Secretary of Commerce, the Director of the Bureau of the Census, 
the Secretary of Labor, and the Commissioner of the Bureau of Labor 
Statistics shall--
            (1) provide data to the Commissioner;
            (2) conduct appropriate surveys; and
            (3) assist the Commissioner in preparing the 
        recommendations referred to subsection (d)(5).
    (i) Budget.--
            (1) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Director of U.S. Citizenship and 
        Immigration Services shall submit to Congress a report of the 
        estimated budget that the Bureau will need to carry out the 
        duties described in subsection (d).
            (2) Audit.--The Comptroller General of the United States 
        shall submit to Congress a report that is an audit of the 
        budget prepared by the Director under paragraph (1).
    (j) Funding.--
            (1) Appropriation of funds.--There is hereby appropriated, 
        out of any money in the Treasury not otherwise appropriated, 
        $20,000,000 to establish the Bureau.
            (2) Use of w nonimmigrant fees.--The amounts collected for 
        fees under section 220(e)(6)(B) of the Immigration and 
        Nationality Act, as added by section 4703, shall be used to 
        establish and fund the Bureau.
            (3) Other fees.--The Secretary may establish other fees for 
        the sole purpose of funding the W Visa Program, including the 
        Bureau, that are related to the hiring of alien workers.

SEC. 4702. NONIMMIGRANT CLASSIFICATION FOR W NONIMMIGRANTS.

    Section 101(a)(15)(W), as added by section 2211, is amended by 
inserting before clause (iii) the following:
                            ``(i) to perform services or labor for a 
                        registered nonagricultural employer in a 
                        registered position (as those terms are defined 
                        in section 220(a)) in accordance with the 
                        requirements under section 220;
                            ``(ii) to accompany or follow to join such 
                        an alien described in clause (i) as the spouse 
                        or child of such alien;''.

SEC. 4703. ADMISSION OF W NONIMMIGRANT WORKERS.

    (a) In General.--Chapter 2 of title II (8 U.S.C. 1181 et seq.) is 
amended by adding at the end the following:

``SEC. 220. ADMISSION OF W NONIMMIGRANT WORKERS.

    ``(a) Definitions.--In this section:
            ``(1) Bureau.--The term `Bureau' means the Bureau of 
        Immigration and Labor Market Research established by section 
        4701 of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996.
            ``(2) Certified alien.--The term `certified alien' means an 
        alien that the Secretary of State has certified is eligible to 
        be a W nonimmigrant if the alien is hired by a registered 
        employer for a registered position.
            ``(3) Commissioner.--The term `Commissioner' means the 
        Commissioner of the Bureau.
            ``(4) Construction occupation.--The term `construction 
        occupation' means an occupation defined by the Bureau of Labor 
        Statistics as being within the construction industry for the 
        purposes of publishing the Bureau's workforce statistics.
            ``(5) Department.--Except as otherwise provided, the term 
        `Department' means the Department of Homeland Security.
            ``(6) Eligible occupation.--The term `eligible occupation' 
        means an eligible occupation described in subsection (e)(3).
            ``(7) Employer.--
                    ``(A) In general.--The term `employer' means any 
                person or entity hiring an individual for employment in 
                the United States.
                    ``(B) Treatment of single employer.--For purposes 
                of determining the number of employees or United States 
                workers employed by an employer, a single entity shall 
                be treated as 1 employer.
            ``(8) Excluded geographic location.--The term `excluded 
        geographic location' means an excluded geographic location 
        described in subsection (f).
            ``(9) Initial w nonimmigrant.--The term `initial W 
        nonimmigrant' means a certified alien issued a W nonimmigrant 
        visa by the Secretary of State pursuant to section 
        101(a)(15)(W)(i) in order to seek initial admission to the 
        United States to commence employment for a registered employer 
        in a registered position subject to the numerical limit at 
        section 220(g).
            ``(10) Metropolitan statistical area.--The term 
        `metropolitan statistical area' means a geographic area 
        designated as a metropolitan statistical area by the Director 
        of the Office of Management and Budget.
            ``(11) Registered employer.--The term `registered employer' 
        means a nonagricultural employer that the Secretary has 
        designated as a registered employer under subsection (d).
            ``(12) Secretary.--Except as otherwise specifically 
        provided, the term `Secretary' means the Secretary of Homeland 
        Security.
            ``(13) Single entity.--The term `single entity' means any 
        group treated as a single employer under subsection (b), (c), 
        (m), or (o) of section 414 of the Internal Revenue Code of 
        1986.
            ``(14) Shortage occupation.--The term `shortage occupation' 
        means a shortage occupation designated by the Commissioner 
        pursuant to section 4701(d)(4) of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996.
            ``(15) Small business.--The term `small business' means an 
        employer that employs 25 or fewer full-time equivalent 
        employees.
            ``(16) United states worker.--The term `United States 
        worker' means an individual who is--
                    ``(A) employed or seeking employment in the United 
                States; and
                    ``(B)(i) a national of the United States;
                    ``(ii) an alien lawfully admitted for permanent 
                residence;
                    ``(iii) an alien in Registered Provisional 
                Immigrant Status; or
                    ``(iv) any other alien authorized to work in the 
                United States with no limitation as to the alien's 
                employer.
            ``(17) W nonimmigrant.--The term `W nonimmigrant' means an 
        alien admitted as a nonimmigrant pursuant to section 
        101(a)(15)(W)(i).
            ``(18) W nonimmigrant visa.--The term `W nonimmigrant visa' 
        means a visa issued to a certified alien by the Secretary of 
        State pursuant to section 101(a)(15)(W)(i).
            ``(19) W visa program.--The term `W Visa Program' means the 
        program for the admission of nonimmigrant aliens described in 
        section 101(a)(15)(W)(i).
            ``(20) Zone 1 occupation.--The term `zone 1 occupation' 
        means an occupation that requires little or no preparation and 
        is classified as a zone 1 occupation on--
                    ``(A) the Occupational Information Network Database 
                (O*NET) on the date of the enactment of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996; or
                    ``(B) such Database or a similar successor 
                database, as designated by the Secretary of Labor, 
                after the date of the enactment of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996.
            ``(21) Zone 2 occupation.--The term `zone 2 occupation' 
        means an occupation that requires some preparation and is 
        classified as a zone 2 occupation on--
                    ``(A) the Occupational Information Network Database 
                (O*NET) on the date of the enactment of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996; or
                    ``(B) such Database or a similar successor 
                database, as designated by the Secretary of Labor, 
                after the date of the enactment of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996.
            ``(22) Zone 3 occupation.--The term `zone 3 occupation' 
        means an occupation that requires medium preparation and is 
        classified as a zone 3 occupation on--
                    ``(A) the Occupational Information Network Database 
                (O*NET) on the date of the enactment of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996; or
                    ``(B) such Database or a similar successor 
                database, as designated by the Secretary of Labor, 
                after the date of the enactment of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996.
    ``(b) Admission Into the United States.--
            ``(1) W nonimmigrants.--Subject to this section, a 
        certified alien is eligible to be admitted to the United States 
        as a W nonimmigrant if the alien is hired by a registered 
        employer for employment in a registered position in a location 
        that is not an excluded geographic location.
            ``(2) Spouse and minor children.--The--
                    ``(A) alien spouse and minor children of a W 
                nonimmigrant may be admitted to the United States 
                pursuant to clause (ii) of section 101(a)(15)(W) during 
                the period of the principal W nonimmigrant's admission; 
                and
                    ``(B) such alien spouse shall be--
                            ``(i) authorized to engage in employment in 
                        the United States during such period of 
                        admission; and
                            ``(ii) provided with an employment 
                        authorization document, stamp, or other 
                        appropriate work permit.
    ``(c) W Nonimmigrants.--
            ``(1) Certified alien.--
                    ``(A) Application.--An alien seeking to be a W 
                nonimmigrant shall apply to the Secretary of State at a 
                United States embassy or consulate in a foreign country 
                to be a certified alien.
                    ``(B) Criteria.--An alien is eligible to be a 
                certified alien if the alien--
                            ``(i) is not inadmissible under this Act;
                            ``(ii) passes a criminal background check;
                            ``(iii) agrees to accept only registered 
                        positions in the United States; and
                            ``(iv) meets other criteria as established 
                        by the Secretary.
            ``(2) W nonimmigrant status.--Only an alien that is a 
        certified alien may be admitted to the United States as a W 
        nonimmigrant.
            ``(3) Initial employment.--A W nonimmigrant shall report to 
        such nonimmigrant's initial employment in a registered position 
        not later than 14 days after such nonimmigrant is admitted to 
        the United States.
            ``(4) Term of admission.--
                    ``(A) Initial term.--A certified alien may be 
                granted W nonimmigrant status for an initial period of 
                3 years.
                    ``(B) Renewal.--A W nonimmigrant may renew his or 
                her status as a W nonimmigrant for additional 3-year 
                periods. Such a renewal may be made while the W 
                nonimmigrant is in the United States and shall not 
                require the alien to depart the United States.
            ``(5) Periods of unemployment.--A W nonimmigrant--
                    ``(A) may be unemployed for a period of not more 
                than 60 consecutive days; and
                    ``(B) shall depart the United States if such W 
                nonimmigrant is unable to obtain employment during such 
                period.
            ``(6) Travel.--A W nonimmigrant may travel outside the 
        United States and be readmitted to the United States. Such 
        travel may not extend the period of authorized admission of 
        such W nonimmigrant.
    ``(d) Registered Employer.--
            ``(1) Application.--An employer seeking to be a registered 
        employer shall submit an application to the Secretary. Each 
        such application shall include the following:
                    ``(A) Documentation to establish that the employer 
                is a bona-fide employer.
                    ``(B) The employer's Federal tax identification 
                number or employer identification number issued by the 
                Internal Revenue Service.
                    ``(C) The number of W nonimmigrants the employer 
                estimates it will seek to employ annually.
            ``(2) Referral for fraud investigation.--The Secretary may 
        refer an application submitted under paragraph (1) or 
        subsection (e)(1)(A) to the Fraud Detection and National 
        Security Directorate of U.S. Citizenship and Immigration 
        Services if there is evidence of fraud for potential 
        investigation.
            ``(3) Ineligible employers.--
                    ``(A) In general.--Notwithstanding any other 
                applicable penalties under law, the Secretary may deny 
                an employer's application to be a registered employer 
                if the Secretary determines, after notice and an 
                opportunity for a hearing, that the employer submitting 
                such application--
                            ``(i) has, with respect to the application 
                        required under paragraph (1), including any 
                        attestations required by law--
                                    ``(I) knowingly misrepresented a 
                                material fact;
                                    ``(II) knowingly made a fraudulent 
                                statement; or
                                    ``(III) knowingly failed to comply 
                                with the terms of such attestations; or
                            ``(ii) failed to cooperate in the audit 
                        process in accordance with regulations 
                        promulgated by the Secretary;
                            ``(iii) has been convicted of an offense 
                        set out in chapter 77 of title 18, United 
                        States Code, or any conspiracy to commit such 
                        offenses, or any human trafficking offense 
                        under State or territorial law;
                            ``(iv) has, within 2 years prior to the 
                        date of application--
                                    ``(I) received a final adjudication 
                                of having committed any hazardous 
                                occupation orders violation resulting 
                                in injury or death under the child 
                                labor provisions contained in section 
                                12 of the Fair Labor Standards Act of 
                                1938 (29 U.S.C. 211) and any pertinent 
                                regulation;
                                    ``(II) received a final 
                                adjudication assessing a civil money 
                                penalty for any repeated or willful 
                                violation of the minimum wage 
                                provisions of section 6 of the Fair 
                                Labor Standards Act of 1938 (29 U.S.C. 
                                206); or
                                    ``(III) received a final 
                                adjudication assessing a civil money 
                                penalty for any willful violation of 
                                the overtime provisions of section 7 of 
                                the Fair Labor Standards Act of 1938 or 
                                any regulations thereunder; or
                            ``(v) has, within 2 years prior to the date 
                        of application, received a final adjudication 
                        for a willful violation or repeated serious 
                        violations involving injury or death--
                                    ``(I) of section 5 of the 
                                Occupational Safety and Health Act of 
                                1970 (29 U.S.C. 654);
                                    ``(II) of any standard, rule, or 
                                order promulgated pursuant to section 6 
                                of the Occupational Safety and Health 
                                Act of 1970 (29 U.S.C. 655); or
                                    ``(III) of a plan approved under 
                                section 18 of the Occupational Safety 
                                and Health Act of 1970 (29 U.S.C. 667).
                    ``(B) Length of ineligibility.--
                            ``(i) Temporary ineligibility.--An employer 
                        described in subparagraph (A) may be ineligible 
                        to be a registered employer for a period that 
                        is not less than the time period determined by 
                        the Secretary and not more than 3 years.
                            ``(ii) Permanent ineligibility.--An 
                        employer who has been convicted of any offense 
                        set out in chapter 77 of title 18, United 
                        States Code, or any conspiracy to commit such 
                        offenses, or any human trafficking offense 
                        under State or territorial law shall be 
                        permanently ineligible to be a registered 
                        employer.
            ``(4) Term of registration.--The Secretary shall approve 
        applications meeting the criteria of this subsection for a term 
        of 3 years.
            ``(5) Renewal.--An employer may submit an application to 
        renew the employer's status as a registered employer for 
        additional 3-year periods.
            ``(6) Fee.--At the time an employer's application to be a 
        registered employer or to renew such status is approved, such 
        employer shall pay a fee in an amount determined by the 
        Secretary to be sufficient to cover the costs of the registry 
        of such employers.
            ``(7) Continued eligibility.--Each registered employer 
        shall submit to the Secretary an annual report that 
        demonstrates that the registered employer has provided the 
        wages and working conditions the registered employer agreed to 
        provide to its employees.
    ``(e) Registered Positions.--
            ``(1) In general.--
                    ``(A) Application.--Each registered employer shall 
                submit to the Secretary an application to designate a 
                position for which the employer is seeking a W 
                nonimmigrant as a registered position. The Secretary is 
                authorized to determine if the wage to be paid by the 
                employer complies with subparagraph (B)(iv). Each such 
                application shall include a description of each such 
                position.
                    ``(B) Attestation.--An application submitted under 
                subparagraph (A) shall include an attestation of the 
                following:
                            ``(i) The number of full-time equivalent 
                        employees of the employer.
                            ``(ii) The occupational category, as 
                        classified by the Secretary of Labor, for which 
                        the registered position is sought.
                            ``(iii) Whether the occupation for which 
                        the registered position is sought is a shortage 
                        occupation.
                            ``(iv) Except as provided in subsection 
                        (g)(4)(C)(i), the wages to be paid to W 
                        nonimmigrants employed by the employer in the 
                        registered position, including a position in a 
                        shortage occupation, will be the greater of--
                                    ``(I) the actual wage level paid by 
                                the employer to other employees with 
                                similar experience and qualifications 
                                for such position; or
                                    ``(II) the prevailing wage level 
                                for the occupational classification of 
                                the position in the metropolitan 
                                statistical area of the employment, as 
                                determined by the Secretary, based on 
                                the best information available as of 
                                the time of filing the application.
                            ``(v) The working conditions for W 
                        nonimmigrants will not adversely affect the 
                        working conditions of other workers employed in 
                        similar positions.
                            ``(vi) The employer has carried out the 
                        recruiting activities required by paragraph 
                        (2)(B).
                            ``(vii) There is no qualified United States 
                        worker who has applied for the position and who 
                        is ready, willing, and able to fill such 
                        position pursuant to the requirements in 
                        subparagraphs (B) and (C) of paragraph (2).
                            ``(viii) There is not a strike, lockout, or 
                        work stoppage in the course of a labor dispute 
                        in the occupation at the place of employment at 
                        which the W nonimmigrant will be employed. If 
                        such strike, lockout, or work stoppage occurs 
                        following submission of the application, the 
                        employer will provide notification in 
                        accordance with all applicable regulations.
                            ``(ix)(I) The employer has not laid off and 
                        will not layoff a United States worker during 
                        the period beginning 90 days prior to and 
                        ending 90 days after the date the employer 
                        files an application for designation of a 
                        position for which the W nonimmigrant is sought 
                        or hires such W nonimmigrant, unless the 
                        employer has notified such United States worker 
                        of the position and documented the legitimate 
                        reasons that such United States worker is not 
                        qualified or available for the position.
                            ``(II) A United States worker is not laid 
                        off for purposes of this subparagraph if, at 
                        the time such worker's employment is 
                        terminated, such worker is not employed in the 
                        same occupation and in the same metropolitan 
                        statistical area where the registered position 
                        referred to in subclause (I) is located.
                    ``(C) Best information available.--In subparagraph 
                (B)(iv)(II), the term `best information available', 
                with respect to determining the prevailing wage for a 
                position, means--
                            ``(i) a controlling collective bargaining 
                        agreement or Federal contract wage, if 
                        applicable;
                            ``(ii) if there is no applicable wage under 
                        clause (i), the wage level commensurate with 
                        the experience, training, and supervision 
                        required for the job based on Bureau of Labor 
                        Statistics data; or
                            ``(iii) if the data referred to in clause 
                        (ii) is not available, a legitimate and recent 
                        private survey of the wages paid for such 
                        positions in the metropolitan statistical area.
                    ``(D) Permit.--The Secretary shall provide each 
                registered employer whose application submitted under 
                subparagraph (A) is approved with a permit that 
                includes the number and description of such employer's 
                approved registered positions.
                    ``(E) Term of registration.--The approval of a 
                registered position under subparagraph (A) is for a 
                term that begins on the date of such approval and ends 
                on the earlier of--
                            ``(i) the date the employer's status as a 
                        registered employer is terminated;
                            ``(ii) 3 years after the date of such 
                        approval; or
                            ``(iii) upon proper termination of the 
                        registered position by the employer.
                    ``(F) Registry of registered positions.--
                            ``(i) Maintenance of registry.--The 
                        Secretary shall develop and maintain a registry 
                        of approved registered positions for which the 
                        Secretary has issued a permit under 
                        subparagraph (D).
                            ``(ii) Availability on website.--The 
                        registry required by clause (i) shall be 
                        accessible on a website maintained by the 
                        Secretary.
                            ``(iii) Availability on state workforce 
                        agency websites.--Each State workforce agency 
                        shall be linked to such registry and provide 
                        access to such registry through the website 
                        maintained by such agency.
                            ``(iv) Conditions of availability on 
                        website.--
                                    ``(I) In general.--Each approved 
                                registered position for which the 
                                Secretary has issued a permit shall be 
                                included in the registry of registered 
                                positions maintained by the Secretary 
                                and shall remain available for viewing 
                                on such registry throughout the term of 
                                registration referred to in 
                                subparagraph (E) or paragraph (5).
                                    ``(II) Indication of vacancy.--The 
                                Secretary shall ensure that such 
                                registry indicates whether each 
                                approved registered position in the 
                                registry is filled or unfilled.
                                    ``(III) Requirement for 10-day 
                                posting.--If a W nonimmigrant's 
                                employment in a registered position 
                                ends, either voluntarily or 
                                involuntarily, the Secretary shall 
                                ensure that such registry indicates 
                                that the registered position is 
                                unfilled for a period of 10 calendar 
                                days, unless such registered position 
                                is filled by a United States worker.
            ``(2) Requirements.--
                    ``(A) Eligible occupation.--Each registered 
                position shall be for a position in an eligible 
                occupation as described in paragraph (3).
                    ``(B) Recruitment of united states workers.--
                            ``(i) Requirements.--A position may not be 
                        a registered position unless the registered 
                        employer--
                                    ``(I) advertises the position for a 
                                period of 30 days, including the wage 
                                range, location, and proposed start 
                                date--
                                            ``(aa) on the Internet 
                                        website maintained by the 
                                        Secretary of Labor for the 
                                        purpose of such advertising; 
                                        and
                                            ``(bb) with the workforce 
                                        agency of the State where the 
                                        position will be located; and
                                    ``(II) except as provided for in 
                                subsection (g)(4)(B)(i), carries out 
                                not less than 3 of the recruiting 
                                activities described in subparagraph 
                                (C).
                            ``(ii) Duration of advertising.--The 30 day 
                        periods required by item (aa) of (bb) of clause 
                        (i)(I) may occur at the same time.
                    ``(C) Recruiting activities.--The recruiting 
                activities described in this subparagraph, with respect 
                to a position for which the employer is seeking a W 
                nonimmigrant, shall consist of any combination of the 
                following as defined by the Secretary of Homeland 
                Security:
                            ``(i) Advertising such position at job 
                        fairs.
                            ``(ii) Advertising such position on the 
                        employer's external website.
                            ``(iii) Advertising such position on job 
                        search Internet websites.
                            ``(iv) Advertising such position using 
                        presentations or postings at vocational, career 
                        technical schools, community colleges, high 
                        schools, or other educational or training 
                        sites.
                            ``(v) Posting such position with trade 
                        associations.
                            ``(vi) Utilizing a search firm to seek 
                        applicants for such position.
                            ``(vii) Advertising such position through 
                        recruitment programs with placement offices at 
                        vocational schools, career technical schools, 
                        community colleges, high schools, or other 
                        educational or training sites.
                            ``(viii) Advertising such position through 
                        advertising or postings with local libraries, 
                        journals, or newspapers.
                            ``(ix) Seeking a candidate for such 
                        position through an employee referral program 
                        with incentives.
                            ``(x) Advertising such position on radio or 
                        television.
                            ``(xi) Advertising such position through 
                        advertising, postings, or presentations with 
                        newspapers, Internet websites, job fairs, or 
                        community events targeted to constituencies 
                        designed to increase employee diversity.
                            ``(xii) Advertising such position through 
                        career day presentations at local high schools 
                        or community organizations.
                            ``(xiii) Providing in-house training.
                            ``(xiv) Providing third-party training.
                            ``(xv) Advertising such position through 
                        recruitment, educational, or other cooperative 
                        programs offered by the employer and a local 
                        economic development authority.
                            ``(xvi) Advertising such position twice in 
                        the Sunday ads in the primary daily circulation 
                        newspaper in the area.
                            ``(xvii) Any other recruitment activities 
                        determined to be appropriate to be added by the 
                        Commissioner.
            ``(3) Eligible occupation.--
                    ``(A) In general.--An occupation is an eligible 
                occupation if the occupation--
                            ``(i) is a zone 1 occupation, a zone 2 
                        occupation, or zone 3 occupation; and
                            ``(ii) is not an excluded occupation under 
                        subparagraph (B).
                    ``(B) Excluded occupations.--
                            ``(i) Occupations requiring college 
                        degrees.--An occupation that is listed in the 
                        Occupational Outlook Handbook published by the 
                        Bureau of Labor Statistics (or similar 
                        successor publication) that is classified as 
                        requiring an individual with a bachelor's 
                        degree or higher level of education may not be 
                        an eligible occupation.
                            ``(ii) Computer occupations.--An occupation 
                        in the field of computer operation, computer 
                        programming, or computer repair may not be an 
                        eligible occupation.
                    ``(C) Publication.--The Secretary of Labor shall 
                publish the eligible occupations, designated as zone 1 
                occupations, zone 2 occupations, or zone 3 occupations, 
                on an on-going basis on a publicly available website.
            ``(4) Filling of vacancies.--If a W nonimmigrant's 
        employment in a registered position ends, such employer may 
        fill that vacancy--
                    ``(A) by hiring a United States worker; or
                    ``(B) after the 10 calendar day posting period in 
                subsection (e)(1)(F)(iv)(III) by hiring--
                            ``(i) a W nonimmigrant; or
                            ``(ii) if available under subsection 
                        (g)(4), a certified alien.
            ``(5) Period of approval.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a registered position shall be 
                approved by the Secretary for a period of 3 years.
                    ``(B) Returning w nonimmigrants.--
                            ``(i) Extension of period.--A registered 
                        position shall continue to be a registered 
                        position at the end of the 3-year period 
                        referred to in subparagraph (A) if the W 
                        nonimmigrant hired for such position is the 
                        beneficiary of a petition for immigrant status 
                        filed by the registered employer pursuant to 
                        this Act or is returning to the same registered 
                        employer.
                            ``(ii) Termination of period.--The term of 
                        a registration position extended under clause 
                        (i) shall terminate on the date that is the 
                        earlier of--
                                    ``(I) the date an application or 
                                petition by or for a W nonimmigrant to 
                                obtain immigrant status is approved or 
                                denied by the Secretary; or
                                    ``(II) the date of the termination 
                                of such W nonimmigrant's employment 
                                with the registered employer.
            ``(6) Fees.--
                    ``(A) Registration fee.--
                            ``(i) In general.--At the time a W 
                        nonimmigrant commences employment in the 
                        registered position for a registered employer, 
                        such employer shall pay a registration fee in 
                        an amount determined by the Secretary.
                            ``(ii) Use of fee.--A fee collected under 
                        clause (i) shall be used to fund any aspect of 
                        the operation of the W Visa Program.
                    ``(B) Additional fee.--
                            ``(i) In general.--In addition to the fee 
                        required by subparagraph (A), a registered 
                        employer, at the time a W nonimmigrant 
                        commences employment in the registered position 
                        for the registered employer, shall pay an 
                        additional fee for each such approved 
                        registered position as follows:
                                    ``(I) A fee of $1,750 for the 
                                registered position if the registered 
                                employer, at the time of filing the 
                                application for the registered 
                                position, is a small business and more 
                                than 50 percent and less than 75 
                                percent of the employees of the 
                                registered employer are not United 
                                States workers.
                                    ``(II) A fee of $3,500 for the 
                                registered position if the registered 
                                employer, at the time of filing the 
                                application for the registered 
                                position, is a small business and more 
                                than 75 percent of the employees of the 
                                registered employer are not United 
                                States workers.
                                    ``(III) A fee of $3,500 for the 
                                registered position if the registered 
                                employer, at the time of filing the 
                                application for the registered 
                                position, is not a small business and 
                                more than 15 percent and less than 30 
                                percent of the employees of the 
                                registered employer are not United 
                                States workers.
                            ``(ii) Use of fee.--A fee collected under 
                        clause (i) shall be used to fund the operations 
                        of the Bureau.
                    ``(C) Prohibition on other fees.--A registered 
                employer may not be required to pay an additional fee 
                other than any fees specified in this Act if the 
                registered employer is a small business.
            ``(7) Prohibition on registered positions for certain 
        employers.--The Secretary may not approve an application for a 
        registered position for an employer if the employer is not a 
        small business and 30 percent or more of the employees of the 
        employer are not United States workers.
    ``(f) Excluded Geographic Location.--No application for a 
registered position filed by a registered employer for an eligible 
occupation may be approved if the registered position is located in a 
metropolitan statistical area that has an unemployment rate that is 
more than 8\1/2\ percent as reported in the most recent month preceding 
the date that the application is submitted to the Secretary unless--
            ``(1) the Commissioner has identified the eligible 
        occupation as a shortage occupation; or
            ``(2) the Secretary approves the registered position under 
        subsection (g)(4).
    ``(g) Numerical Limitation.--
            ``(1) Registered positions.--
                    ``(A) In general.--Subject to paragraphs (3) and 
                (4), the maximum number of registered positions that 
                may be approved by the Secretary for a year is as 
                follows:
                            ``(i) For the first year aliens are 
                        admitted as W nonimmigrants, 20,000.
                            ``(ii) For the second such year, 35,000.
                            ``(iii) For the third such year, 55,000.
                            ``(iv) For the fourth such year, 75,000.
                            ``(v) For each year after the fourth such 
                        year, the level calculated for that year under 
                        paragraph (2).
                    ``(B) Dates.--The first year referred to in 
                subparagraph (A)(i) shall begin on April 1, 2015, and 
                end on March 31, 2016, unless the Secretary determines 
                that such first year shall begin on October 1, 2015, 
                and end on September 30, 2016.
            ``(2) Years after year 4.--
                    ``(A) Current year and preceding year.--In this 
                paragraph--
                            ``(i) the term `current year' shall refer 
                        to the 12-month period for which the 
                        calculation of the numerical limits under this 
                        paragraph is being performed; and
                            ``(ii) the term `preceding year' shall 
                        refer to the 12-month period immediately 
                        preceding the current year.
                    ``(B) Numerical limitation.--Subject to 
                subparagraph (D), the number of registered positions 
                that may be approved by the Secretary for a year after 
                the fourth year referred to in paragraph (1)(A)(iv) 
                shall be equal to the sum of--
                            ``(i) the number of such registered 
                        positions available under this paragraph for 
                        the preceding year; and
                            ``(ii) the product of--
                                    ``(I) the number of such registered 
                                positions available under this 
                                paragraph for the preceding year; 
                                multiplied by
                                    ``(II) the index for the current 
                                year calculated under subparagraph (C).
                    ``(C) Index.--The index calculated under this 
                subparagraph for a current year equals the sum of--
                            ``(i) one-fifth of a fraction--
                                    ``(I) the numerator of which is the 
                                number of registered positions that 
                                registered employers applied to have 
                                approved under subsection (e)(1) for 
                                the preceding year minus the number of 
                                registered positions approved under 
                                subsection (e) for the preceding year; 
                                and
                                    ``(II) the denominator of which is 
                                the number of registered positions 
                                approved under subsection (e) for the 
                                preceding year;
                            ``(ii) one-fifth of a fraction--
                                    ``(I) the numerator of which is the 
                                number of registered positions the 
                                Commissioner recommends be available 
                                under this subparagraph for the current 
                                year minus the number of registered 
                                positions available under this 
                                subsection for the preceding year; and
                                    ``(II) the denominator of which is 
                                the number of registered positions 
                                available under this subsection for the 
                                preceding year;
                            ``(iii) three-tenths of a fraction--
                                    ``(I) the numerator of which is the 
                                number of unemployed United States 
                                workers for the preceding year minus 
                                the number of unemployed United States 
                                workers for the current year; and
                                    ``(II) the denominator of which is 
                                the number of unemployed United States 
                                workers for the preceding year; and
                            ``(iv) three-tenths of a fraction--
                                    ``(I) the numerator of which is the 
                                number of job openings as set out in 
                                the Job Openings and Labor Turnover 
                                Survey of the Bureau of Labor 
                                Statistics for the current year minus 
                                such number of job openings for the 
                                preceding year; and
                                    ``(II) the denominator of which is 
                                the number of such job openings for the 
                                preceding year;
                    ``(D) Minimum and maximum levels.--The number of 
                registered positions calculated under subparagraph (B) 
                for a 12-month period may not be less than 20,000 nor 
                more than 200,000.
            ``(3) Additional registered positions for shortage 
        occupations.--In addition to the number of registered positions 
        made available for a year under paragraph (1), the Secretary 
        shall make available for a year an additional number of 
        registered positions for shortage occupations in a particular 
        metropolitan statistical area.
            ``(4) Special allocations of registered positions.--
                    ``(A) Authority to make available.--In addition to 
                the number of registered positions made available for a 
                year under paragraph (1) or (3), the Secretary shall 
                make additional registered positions available for the 
                year for a specific registered employer as described in 
                this paragraph, if--
                            ``(i) the maximum number of registered 
                        positions available under paragraph (1) have 
                        been approved for the year and none remain 
                        available for allocation; or
                            ``(ii) such registered employer is located 
                        in a metropolitan statistical area that has an 
                        unemployment rate that is more than 8\1/2\ 
                        percent as reported in the most recent month 
                        preceding the date that the application is 
                        submitted to the Secretary.
                    ``(B) Recruitment.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), an initial W nonimmigrant may only 
                        enter the United States for initial employment 
                        pursuant to a special allocation under this 
                        paragraph if the registered employer has 
                        carried out at least 7 of the recruiting 
                        activities described in subsection (e)(2)(C).
                            ``(ii) Requirement to recruit w 
                        nonimmigrants in the united states.--A 
                        registered employer may register a position 
                        pursuant to a special allocation under this 
                        paragraph by conducting at least 3 of the 
                        recruiting activities described in subsection 
                        (e)(2)(C), however a position registered 
                        pursuant to this clause may not be filled by an 
                        initial W nonimmigrant entering the United 
                        States for initial employment.
                            ``(iii) 30 day posting.--
                                    ``(I) Requirement.--Any registered 
                                employer registering any position under 
                                the special allocation authority shall 
                                post the position, including the wage 
                                range, location, and initial date of 
                                employment, for not less than 30 days--
                                            ``(aa) on the Internet 
                                        website maintained by the 
                                        Secretary of Labor for the 
                                        purpose of such advertising; 
                                        and
                                            ``(bb) with the workforce 
                                        agency of the State where the 
                                        position will be located.
                                    ``(II) Contemporaneous posting.--
                                The 30 day periods required by items 
                                (aa) and (bb) of subclause (I) may 
                                occur at the same time.
                    ``(C) Wages.--
                            ``(i) Initial w nonimmigrants.--An initial 
                        W nonimmigrant entering the United States for 
                        initial employment pursuant to a registered 
                        position made available under this paragraph 
                        may not be paid less than the greater of--
                                    ``(I) the level 4 wage set out in 
                                the Foreign Labor Certification Data 
                                Center Online Wage Library (or similar 
                                successor website) maintained by the 
                                Secretary of Labor for such occupation 
                                in that metropolitan statistical area; 
                                or
                                    ``(II) the mean of the highest two-
                                thirds of wages surveyed for such 
                                occupation in that metropolitan 
                                statistical area.
                            ``(ii) Other w nonimmigrants.--A W 
                        nonimmigrant employed in a registered position 
                        referred to in subsection (g)(4)(B)(ii) may not 
                        be paid less than the wages required under 
                        subsection (e)(1)(B)(iv).
                    ``(D) Reduction of future registered positions.--
                Each registered position made available for a year 
                subject to the wage conditions of subparagraph (C)(i) 
                shall reduce by 1 the number of registered positions 
                made available under paragraph (g)(1) for the following 
                year or the earliest possible year for which a 
                registered position is available. The limitation 
                contained in subsection (h)(4) shall not be reduced by 
                any registered position made available under this 
                paragraph.
    ``(h) Allocation of Registered Positions.--
            ``(1) In general.--
                    ``(A) First 6-month period.--The number of 
                registered positions available for the 6-month period 
                beginning on the first day of a year is 50 percent of 
                the maximum number of registered positions available 
                for such year under paragraph (1) or (2) of subsection 
                (g). Such registered positions shall be allocated as 
                described in this subsection.
                    ``(B) Second 6-month period.--The number of 
                registered positions available for the 6-month period 
                ending on the last day of a year is the maximum number 
                of registered positions available for such year under 
                paragraph (1) or (2) of subsection (g) minus the number 
                of registered positions approved during the 6-month 
                period referred to in subsection (A). Such registered 
                positions shall be allocated as described in this 
                subsection.
            ``(2) Shortage occupations.--
                    ``(A) In general.--For the first month of each 6-
                month period referred to in subparagraph (A) or (B) of 
                paragraph (1) a registered position may not be created 
                in an occupation that is not a shortage occupation.
                    ``(B) Initial designations.--Subparagraph (A) shall 
                not apply in any period for which the Commissioner has 
                not designated any shortage occupations.
            ``(3) Small businesses.--During the second, third, and 
        fourth months of each 6-month period referred to in 
        subparagraph (A) or (B) of paragraph (1), one-third of the 
        number of registered positions allocated for such period shall 
        be approved only for a registered employer that is a small 
        business. Any such registered positions not approved for such 
        small businesses during such months shall be available for any 
        registered employer during the last 2 months of each such 6-
        month period.
            ``(4) Animal production subsectors.--In addition to the 
        number of registered positions made available for a year under 
        paragraph (1) or (3) of such section (g), the Secretary shall 
        make additional registered positions available for the year for 
        occupations designated by the Secretary of Labor as Animal 
        Production Subsectors. The numerical limitation for such 
        additional registered positions shall be no more than 10 
        percent of the annual numerical limitation provided for in such 
        paragraph (1).
            ``(5) Limitation for construction occupations.--
                    ``(A) In general.--Subject to subparagraph (B), not 
                more than 33 percent of the registered positions made 
                available under paragraph (1) or (2) of subsection (g) 
                for a year may be granted to perform work in a 
                construction occupation.
                    ``(B) Maximum level.--Notwithstanding subparagraph 
                (A), the number of registered positions granted to 
                perform work in a construction occupation under 
                subsection (g)(1) may not exceed 15,000 for a year and 
                7,500 for any 6-month period.
                    ``(C) Prohibition for occupations with high 
                unemployment.--
                            ``(i) In general.--A registered employer 
                        may not hire a certified alien for a registered 
                        position to perform work in a construction 
                        occupation if the unemployment rate for 
                        construction occupations in the corresponding 
                        occupational job zone in that metropolitan 
                        statistical area was more than 8\1/2\ percent.
                            ``(ii) Determination of unemployment 
                        rate.--The unemployment rate used in clause (i) 
                        shall be determined--
                                    ``(I) using the most recent survey 
                                taken by the Bureau; or
                                    ``(II) if a survey referred to in 
                                subclause (I) is not available, using a 
                                recent and legitimate private survey.
    ``(i) Portability.--A W nonimmigrant who is admitted to the United 
States for employment by a registered employer may--
            ``(1) terminate such employment for any reason; and
            ``(2) seek and accept employment with another registered 
        employer in any other registered position within the terms and 
        conditions of the W nonimmigrant's visa.
    ``(j) Promotion.--A registered employer may promote a W 
nonimmigrant if the W nonimmigrant has been employed with that employer 
for a period of not less than 12 months. Such a promotion shall not 
increase the total number of registered positions available to that 
employer.
    ``(k) Prohibition on Outplacement.--A registered employer may not 
place, outsource, lease, or otherwise contract for the services or 
placement of a W nonimmigrant employee with another employer if more 
than 15 percent of the employees of the registered employer are W 
nonimmigrants.
    ``(l) W Nonimmigrant Protections.--
            ``(1) Applicability of laws.--A W nonimmigrant shall not be 
        denied any right or any remedy under Federal, State, or local 
        labor or employment law that would be applicable to a United 
        States worker employed in a similar position with the employer 
        because of the alien's status as a nonimmigrant worker.
            ``(2) Waiver of rights prohibited.--
                    ``(A) In general.--A W nonimmigrant may not be 
                required to waive any substantive rights or protections 
                under this Act.
                    ``(B) Construction.--Nothing under this paragraph 
                may be construed to affect the interpretation of any 
                other law.
            ``(3) Prohibition on treatment as independent 
        contractors.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law--
                            ``(i) a W nonimmigrant is prohibited from 
                        being treated as an independent contractor 
                        under any Federal or State law; and
                            ``(ii) no person, including an employer or 
                        labor contractor and any persons who are 
                        affiliated with or contract with an employer or 
                        labor contractor, may treat a W nonimmigrant as 
                        an independent contractor.
                    ``(B) Construction.--Subparagraph (A) may not be 
                construed to prevent registered employers who operate 
                as independent contractors from employing W 
                nonimmigrants.
            ``(4) Payment of fees.--
                    ``(A) In general.--A fee related to the hiring of a 
                W nonimmigrant required to be paid by an employer under 
                this Act shall be paid by the employer and may not be 
                deducted from the wages or other compensation paid to a 
                W nonimmigrant.
                    ``(B) Excluded costs.--The cost of round trip 
                transportation from a certified alien's home to the 
                location of a registered position and the cost of 
                obtaining a foreign passport are not fees required to 
                be paid by the employer.
            ``(5) Tax responsibilities.--An employer shall comply with 
        all applicable Federal, State, and local tax laws with respect 
        to each W nonimmigrant employed by the employer.
            ``(6) Prohibited activities.--It shall be unlawful for an 
        employer of a W nonimmigrant to intimidate, threaten, restrain, 
        coerce, retaliate, discharge, or in any other manner, 
        discriminate against an employee or former employee because the 
        employee or former employee--
                    ``(A) discloses information to the employer or any 
                other person that the employee or former employee 
                reasonably believes demonstrates a violation of this 
                section; or
                    ``(B) cooperates or seeks to cooperate in an 
                investigation or other proceeding concerning compliance 
                with the requirements of this section.
    ``(m) Complaint Process.--The Secretary shall establish a process 
for the receipt, investigation, and disposition of complaints by an 
aggrieved applicant, employee, or nonimmigrant (or a person acting on 
behalf of such applicant, employee, or nonimmigrant) with respect to--
            ``(1) the failure of a registered employer to meet a 
        condition of this section; or
            ``(2) the lay off or nonhiring of a United States worker as 
        prohibited under this section.
    ``(n) Enforcement.--
            ``(1) In general.--The Secretary shall promulgate 
        regulations for the receipt, investigation, and disposition of 
        complaints by an aggrieved W nonimmigrant respecting a 
        violation of this section.
            ``(2) Filing deadline.--No investigation or hearing shall 
        be conducted on a complaint concerning a violation under this 
        section unless the complaint was filed not later than 6 months 
        after the date of such violation.
            ``(3) Reasonable basis.--The Secretary shall conduct an 
        investigation under this subsection if there is reasonable 
        basis to believe that a violation of this section has occurred. 
        The process established under this subsection shall provide 
        that, not later than 30 days after a complaint is filed, the 
        Secretary shall determine if there is reasonable cause to find 
        such a violation.
            ``(4) Notice and hearing.--
                    ``(A) In general.--Not later than 60 days after the 
                Secretary makes a determination of reasonable basis 
                under paragraph (3), the Secretary shall issue a notice 
                to the interested parties and offer an opportunity for 
                a hearing on the complaint, in accordance with section 
                556 of title 5, United States Code.
                    ``(B) Hearing deadline.--Not later than 60 days 
                after the date of a hearing under this paragraph, the 
                Secretary shall make a finding on the matter.
            ``(5) Attorney's fees.--
                    ``(A) Award.--A complainant who prevails in an 
                action under this subsection with respect to a claim 
                related to wages or compensation for employment, or a 
                claim for a violation of subsection (l) or (m), shall 
                be entitled to an award of reasonable attorney's fees 
                and costs.
                    ``(B) Frivolous complaints.--A complainant who 
                files a frivolous complaint for an improper purpose 
                under this subsection shall be liable for the 
                reasonable attorney's fees and costs of the person 
                named in the complaint.
            ``(6) Power of the secretary.--The Secretary may bring an 
        action in any court of competent jurisdiction--
                    ``(A) to seek remedial action, including injunctive 
                relief;
                    ``(B) to recover the damages described in this 
                subsection and subsection (o); or
                    ``(C) to ensure compliance with terms and 
                conditions described in subsection (l)(6).
            ``(7) Other rights of employees.--The rights and remedies 
        provided to W nonimmigrants under this section are in addition 
        to any other contractual or statutory rights and remedies of 
        the workers, and are not intended to alter or affect such 
        rights and remedies.
    ``(o) Penalties.--
            ``(1) In general.--If, after notice and an opportunity for 
        a hearing, the Secretary finds a violation of this section, the 
        Secretary may impose administrative remedies and penalties, 
        including--
                    ``(A) back wages;
                    ``(B) benefits; and
                    ``(C) civil monetary penalties.
            ``(2) Civil penalties.--The Secretary may impose, as a 
        civil penalty--
                    ``(A) for a violation of this subsection--
                            ``(i) a fine in an amount not more than 
                        $2,000 per violation per affected worker and 
                        $4,000 per violation per affected worker for 
                        each subsequent violation;
                            ``(ii) if the violation was willful, a fine 
                        in an amount not more than $5,000 per violation 
                        per affected worker; and
                            ``(iii) if the violation was willful and if 
                        in the course of such violation a United States 
                        worker was harmed, a fine in an amount not more 
                        than $25,000 per violation per affected worker; 
                        or
                    ``(B) for knowingly failing to materially comply 
                with the terms of representations made in petitions, 
                applications, certifications, or attestations under 
                this section--
                            ``(i) a fine in an amount not more than 
                        $4,000 per aggrieved worker; and
                            ``(ii) upon the occasion of a third offense 
                        of failure to comply with representations, a 
                        fine in an amount not to exceed $5,000 per 
                        affected worker and designation as an 
                        ineligible employer, recruiter, or broker for 
                        purposes of any immigrant or nonimmigrant 
                        program.
            ``(3) Criminal penalty.--Any person who knowingly 
        misrepresents the number of full-time equivalent employees of 
        an employer or the number of employees of a person who are 
        United States workers for the purpose of reducing a fee under 
        subsection (e)(6) or avoiding the limitation in subsection 
        (e)(7), shall be fined in accordance with title 18, United 
        States Code, in an amount up to $25,000 or imprisoned not more 
        than 1 year, or both.
    ``(p) Monitoring.--
            ``(1) Requirement to monitor.--The Secretary shall monitor 
        the movement of W nonimmigrants in registered positions 
        through--
                    ``(A) the Employment Verification System described 
                in section 274A(d); and
                    ``(B) the electronic monitoring system described in 
                paragraph (2).
            ``(2) Electronic monitoring system.--
                    ``(A) Requirement for system.--The Secretary, 
                through U.S. Citizenship and Immigration Services, 
                shall implement an electronic monitoring system to 
                monitor presence and employment of W nonimmigrants, 
                including a requirement that registered employers 
                update the system when W nonimmigrants start and end 
                employment in registered positions.
                    ``(B) System description.--Such system shall be 
                modeled on the Student and Exchange Visitor Information 
                System (SEVIS) and SEVIS II tracking system of U.S. 
                Immigration and Customs Enforcement.
                    ``(C) Interaction with registry.--Such system shall 
                interact with the registry referred to in subsection 
                (e)(1)(F) to ensure that the Secretary designates and 
                updates approved registered positions as being filled 
                or unfilled.''.
    (b) Table of Contents Amendment.--The table of contents in the 
first section (8 U.S.C. 1101 et seq.) is amended by adding after the 
item relating to section 219 the following:

``Sec. 220. Admission of W nonimmigrant workers.''.

  Subtitle H--Investing in New Venture, Entrepreneurial Startups, and 
                              Technologies

SEC. 4801. NONIMMIGRANT INVEST VISAS.

    (a) INVEST Nonimmigrant Category.--Section 101(a)(15) (8 U.S.C. 
1101(a)(15)), as amended by sections 2231, 2308, 2309, 3201, 4402, 
4504, 4601, and 4702, is further amended by inserting after 
subparagraph (W) the following:
                    ``(X) in accordance with the definitions in section 
                203(b)(6)(A), a qualified entrepreneur who has 
                demonstrated that, during the 3-year period ending on 
                the date on which the alien filed an initial petition 
                for nonimmigrant status described in this clause--
                            ``(i) a qualified venture capitalist, a 
                        qualified super angel investor, a qualified 
                        government entity, a qualified community 
                        development financial institution, qualified 
                        startup accelerator, or such other type of 
                        entity or investors, as determined by the 
                        Secretary, or any combination of such entities 
                        or investors, has made a qualified investment 
                        or combination of qualified investments of not 
                        less than $100,000 in total in the alien's 
                        United States business entity; or
                            ``(ii) the alien's United States business 
                        entity has created no fewer than 3 qualified 
                        jobs and during the 2-year period ending on 
                        such date has generated not less than $250,000 
                        in annual revenue arising from business 
                        conducted in the United States; or''.
    (b) Admission of INVEST Nonimmigrants.--Section 214 (8 U.S.C. 
1184), as amended by sections 3608, 4232, 4405, 4503, 4504, 4602, 4605, 
and 4606, is further amended by adding at the end the following:
    ``(aa) INVEST Nonimmigrant Visas.--
            ``(1) Definitions.--The definitions in section 203(b)(6)(A) 
        apply to this subsection.
            ``(2) Initial period of authorized admission.--The initial 
        period of authorized status as a nonimmigrant described in 
        section 101(a)(15)(X) shall be for an initial 3-year period.
            ``(3) Renewal of admission.--Subject to paragraph (4), the 
        initial period of authorized nonimmigrant status described in 
        paragraph (2) may be renewed for additional 3-year periods if 
        during the most recent 3-year period that the alien was granted 
        such status--
                    ``(A) the alien's United States business entity has 
                created no fewer than 3 qualified jobs and a qualified 
                venture capitalist, a qualified super angel investor, a 
                qualified government entity, a qualified community 
                development financial institution, qualified startup 
                accelerator, or such other type of entity or investors, 
                as determined by the Secretary, or any combination of 
                such entities or investors, has made a qualified 
                investment or combination of qualified investments of 
                not less than $250,000 in total to the alien's United 
                States business entity; or
                    ``(B) the alien's United States business entity has 
                created no fewer than 3 qualified jobs and, during the 
                2-year period ending on the date that the alien 
                petitioned for an extension, has generated not less 
                than $250,000 in annual revenue arising from business 
                conducted within the United States.
            ``(4) Waiver of renewal requirements.--The Secretary may 
        renew an alien's status as a nonimmigrant described in section 
        101(a)(15)(X) for not more than 1 year at a time, up to an 
        aggregate of 2 years if the alien--
                    ``(A) does not meet the criteria under paragraph 
                (3); and
                    ``(B) meets the criteria established by the 
                Secretary, in consultation with the Secretary of 
                Commerce, for approving renewals under this subsection, 
                which shall include a finding that--
                            ``(i) the alien has made substantial 
                        progress in meeting such criteria; and
                            ``(ii) such renewal is economically 
                        beneficial to the United States.
            ``(5) Attestation.--The Secretary may require an alien 
        seeking status as a nonimmigrant described in section 
        101(a)(15)(X) to attest, under penalty of perjury, that the 
        alien meets the application criteria.
            ``(6) X-1 visa fee.--In addition to processing fees, the 
        Secretary shall collect a $1,000 fee from each nonimmigrant 
        admitted under section 101(a)(15)(X). Fees collected under this 
        paragraph shall be deposited into the Comprehensive Immigration 
        Reform Trust Fund established under section 6(a)(1) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996.''.

SEC. 4802. INVEST IMMIGRANT VISA.

    Section 203(b) (8 U.S.C. 1153(b)) is amended--
            (1) by redesignating paragraph (6) as paragraph (7); and
            (2) by inserting after paragraph (5) the following:
            ``(6) INVEST immigrants.--
                    ``(A) Definitions.--In this paragraph, section 
                101(a)(15)(X), and section 214(s):
                            ``(i) Qualified community development 
                        financial institution.--The term `qualified 
                        community development financial institution' is 
                        defined as provided under section 1805.201 
                        45D(c) of title 12, Code of Federal 
                        Regulations, or any similar successor 
                        regulations.
                            ``(ii) Qualified entrepreneur.--The term 
                        `qualified entrepreneur' means an individual 
                        who--
                                    ``(I) has a significant ownership 
                                interest, which need not constitute a 
                                majority interest, in a United States 
                                business entity;
                                    ``(II) is employed in a senior 
                                executive position of such United 
                                States business entity;
                                    ``(III) submits a business plan to 
                                U.S. Citizenship and Immigration 
                                Services; and
                                    ``(IV) had a substantial role in 
                                the founding or early-stage growth and 
                                development of such United States 
                                business entity.
                            ``(iii) Qualified government entity.--The 
                        term `qualified government entity' means an 
                        agency or instrumentality of the United States 
                        or of a State, local, or tribal government.
                            ``(iv) Qualified investment.--The term 
                        `qualified investment'--
                                    ``(I) means an investment in a 
                                qualified entrepreneur's United States 
                                business entity that is--
                                            ``(aa) a purchase from the 
                                        United States business entity 
                                        or equity or convertible debt 
                                        issued by such entity;
                                            ``(bb) a secured loan;
                                            ``(cc) a convertible debt 
                                        note;
                                            ``(dd) a public securities 
                                        offering;
                                            ``(ee) a research and 
                                        development award from a 
                                        qualified government entity to 
                                        the United States entity;
                                            ``(ff) other investment 
                                        determined appropriate by the 
                                        Secretary; or
                                            ``(gg) a combination of the 
                                        investments described in items 
                                        (aa) through (ff); and
                                    ``(II) may not include an 
                                investment from such qualified 
                                entrepreneur, the parents, spouse, son, 
                                or daughter of such qualified 
                                entrepreneur, or from any corporation, 
                                company, association, firm, 
                                partnership, society, or joint stock 
                                company over which such qualified 
                                entrepreneur has a substantial 
                                ownership interest.
                            ``(v) Qualified job.--The term `qualified 
                        job' means a full-time position of a United 
                        States business entity owned by a qualified 
                        entrepreneur that--
                                    ``(I) is located in the United 
                                States;
                                    ``(II) has been filled for at least 
                                2 years by an individual who is not the 
                                qualified entrepreneur or the spouse, 
                                son, or daughter of the qualified 
                                entrepreneur; and
                                    ``(III) pays a wage that is not 
                                less than 250 percent of the Federal 
                                minimum wage.
                            ``(vi) Qualified startup accelerator.--The 
                        term `qualified startup accelerator' means a 
                        corporation, company, association, firm, 
                        partnership, society, or joint stock company 
                        that--
                                    ``(I) is organized under the laws 
                                of the United States or any State and 
                                conducts business in the United States;
                                    ``(II) in the ordinary course of 
                                business, provides a program of 
                                training, mentorship, and logistical 
                                support to assist entrepreneurs in 
                                growing their businesses;
                                    ``(III) is managed by individuals, 
                                the majority of whom are citizens of 
                                the United States or aliens lawfully 
                                admitted for permanent residence;
                                    ``(IV)(aa) regularly acquires an 
                                equity interest in companies that 
                                participate in its programs, where the 
                                majority of the capital so invested is 
                                committed from individuals who are 
                                United States citizens or aliens 
                                lawfully admitted for permanent 
                                residence, or from entities organized 
                                under the laws of the United States or 
                                any State; or
                                    ``(bb) is an entity that has 
                                received not less than $250,000 in 
                                funding from a qualified government 
                                entity or entities during the previous 
                                5 years and regularly makes grants to 
                                companies that participate in its 
                                programs (in which case, such grant 
                                shall be treated as a qualified 
                                investment for purposes of clause 
                                (iv));
                                    ``(V) during the previous 5 years, 
                                has acquired an equity interest in, or, 
                                in the case of an entity described in 
                                subclause (IV)(bb), regularly made 
                                grants to, not fewer than 10 United 
                                States business entities that have 
                                participated in its programs and that 
                                have--
                                            ``(aa) each secured at 
                                        least $100,000 in initial 
                                        investments; or
                                            ``(bb) during any 2-year 
                                        period following the date of 
                                        such acquisition, generated not 
                                        less than $500,000 in aggregate 
                                        annual revenue within the 
                                        United States;
                                    ``(VI) has its primary location in 
                                the United States; and
                                    ``(VII) satisfies such other 
                                criteria as may be established by the 
                                Secretary.
                            ``(vii) Qualified super angel investor.--
                        The term `qualified super angel investor' means 
                        an individual or organized group of individuals 
                        investing directly or through a legal entity--
                                    ``(I) each of whom is an accredited 
                                investor, as defined in section 
                                230.501(a) of title 17, Code of Federal 
                                Regulations, or any similar successor 
                                regulation, investing the funds owned 
                                by such individual or organized group 
                                in a qualified entrepreneur's United 
                                States business entity;
                                    ``(II)(aa) if an individual, is a 
                                citizen of the United States or an 
                                alien lawfully admitted for permanent 
                                residence; or
                                    ``(bb) if an organized group or 
                                legal entity, a majority of the 
                                individuals investing through such 
                                group or entity are citizens of the 
                                United States or aliens lawfully 
                                admitted for permanent residence; and
                                    ``(III) each of whom in the 
                                previous 3 years has made qualified 
                                investments in a total amount 
                                determined to be appropriate by the 
                                Secretary, that is not less than 
                                $50,000, in United States business 
                                entities which are less than 5 years 
                                old.
                            ``(viii) Qualified venture capitalist.--The 
                        term `qualified venture capitalist' means an 
                        entity--
                                    ``(I) that--
                                            ``(aa) is a venture capital 
                                        operating company (as defined 
                                        in section 2510.3-101(d) of 
                                        title 29, Code of Federal 
                                        Regulations (or any successor 
                                        to such regulation)); or
                                            ``(bb) has management 
                                        rights, as defined in, and to 
                                        the extent required by, such 
                                        section 2510.3-101(d) (or 
                                        successor regulation), in its 
                                        portfolio companies;
                                    ``(II) that has capital commitments 
                                of not less than $10,000,000; and
                                    ``(III) the investment adviser, 
                                that is registered under the Investment 
                                Advisers Act of 1940 (15 U.S.C. 80b-2), 
                                for which--
                                            ``(aa) has its primary 
                                        office location in the United 
                                        States;
                                            ``(bb) is owned, directly 
                                        or indirectly, by individuals, 
                                        the majority of whom are 
                                        citizens of the United States 
                                        or aliens lawfully admitted for 
                                        permanent residence in the 
                                        United States;
                                            ``(cc) has been advising 
                                        such entity or other similar 
                                        funds or entities for at least 
                                        2 years; and
                                            ``(dd) has advised such 
                                        entity or a similar fund or 
                                        entity with respect to at least 
                                        2 investments of not less than 
                                        $500,000 made by such entity or 
                                        similar fund or entity during 
                                        each of the most recent 2 
                                        years.
                            ``(ix) Secretary.--Except as otherwise 
                        specifically provided, the term `Secretary' 
                        means the Secretary of Homeland Security.
                            ``(x) Senior executive position.--The term 
                        `senior executive position' includes the 
                        position of chief executive officer, chief 
                        technology officer, and chief operating 
                        officer.
                            ``(xi) United states business entity.--The 
                        term `United States business entity' means any 
                        corporation, company, association, firm, 
                        partnership, society, or joint stock company 
                        that is organized under the laws of the United 
                        States or any State and that conducts business 
                        in the United States that is not--
                                    ``(I) a private fund, as defined in 
                                202(a) of the Investment Advisers Act 
                                of 1940 (15 U.S.C. 80b-2);
                                    ``(II) a commodity pool, as defined 
                                in section 1a of the Commodity Exchange 
                                Act (7 U.S.C. 1a);
                                    ``(III) an investment company, as 
                                defined in section 3 of the Investment 
                                Company Act of 1940 (15 U.S.C. 80a-3); 
                                or
                                    ``(IV) an issuer that would be an 
                                investment company but for an exemption 
                                provided in--
                                            ``(aa) section 3(c) of the 
                                        Investment Company Act of 1940 
                                        (15 U.S.C. 80a-3(c); or
                                            ``(bb) section 270.3a-7 of 
                                        title 17 of the Code of Federal 
                                        Regulations or any similar 
                                        successor regulation.
                    ``(B) In general.--Visas shall be available, in a 
                number not to exceed 10,000 for each fiscal year, to 
                qualified immigrants seeking to enter the United States 
                for the purpose of creating new businesses, as 
                described in this paragraph.
                    ``(C) Eligibility.--An alien is eligible for a visa 
                under this paragraph if--
                            ``(i)(I) the alien is a qualified 
                        entrepreneur;
                            ``(II) the alien maintained valid 
                        nonimmigrant status in the United States for at 
                        least 2 years;
                            ``(III) during the 3-year period ending on 
                        the date the alien files an initial petition 
                        for such status under this section--
                                    ``(aa)(AA) the alien has a 
                                significant ownership in a United 
                                States business entity that has created 
                                no fewer than 5 qualified jobs; and
                                    ``(BB) a qualified venture 
                                capitalist, a qualified super angel 
                                investor, a qualified government 
                                entity, a qualified community 
                                development financial institution, 
                                qualified startup accelerator, or such 
                                other entity or type of investors, as 
                                determined by the Secretary, or any 
                                combination of such entities or 
                                investors, has devoted a qualified 
                                investment or combination of qualified 
                                investments of not less than $500,000 
                                in total to the alien's United States 
                                business entity; or
                                    ``(bb)(AA) the alien has a 
                                significant ownership interest in a 
                                United States business entity that has 
                                created no fewer than 5 qualified jobs; 
                                and
                                    ``(BB) during the 2-year period 
                                ending on such date has generated not 
                                less than $750,000 in annual revenue 
                                within the United States; and
                            ``(IV) no more than 2 other aliens have 
                        received nonimmigrant status under this section 
                        on the basis of an alien's ownership of such 
                        United States business entity;
                            ``(ii)(I) the alien is a qualified 
                        entrepreneur;
                            ``(II) the alien maintained valid 
                        nonimmigrant status in the United States for at 
                        least 3 years prior to the date of filing an 
                        application for such status;
                            ``(III) the alien holds an advanced degree 
                        in a field of science, technology, engineering, 
                        or mathematics, approved by the Secretary; and
                            ``(IV) during the 3-year period ending on 
                        the date the alien files an initial petition 
                        for such status under this section--
                                    ``(aa)(AA) the alien has a 
                                significant ownership interest in a 
                                United States business entity that has 
                                created no fewer than 4 qualified jobs; 
                                and
                                    ``(BB) a qualified venture 
                                capitalist, a qualified super angel 
                                investor, a qualified government 
                                entity, a qualified community 
                                development financial institution, 
                                qualified startup accelerator, or such 
                                other entity or type of investors, as 
                                determined by the Secretary, or any 
                                combination of such entities or 
                                investors, has devoted a qualified 
                                investment or combination of qualified 
                                investments of not less than $500,000 
                                in total to the alien's United States 
                                business entity; or
                                    ``(bb)(AA) the alien has a 
                                significant ownership interest in a 
                                United States business entity that has 
                                created no fewer than 3 qualified jobs; 
                                and
                                    ``(BB) during the 2-year period 
                                ending on such date has generated not 
                                less than $500,000 in annual revenue 
                                within the United States; and
                            ``(V) no more than 3 other aliens have 
                        received nonimmigrant status under this section 
                        on the basis of an alien's ownership of such 
                        United States business entity.
                    ``(D) Attestation.--The Secretary may require an 
                alien seeking a visa under this paragraph to attest, 
                under penalties of perjury, to the alien's 
                qualifications.''.

SEC. 4803. ADMINISTRATION AND OVERSIGHT.

    (a) Regulations.--Not later than 16 months after the date of the 
enactment of this Act, the Secretary, in consultation with the 
Secretary of Commerce, the Administrator of the Small Business 
Administration, and other heads of other relevant Federal agencies and 
departments, shall promulgate regulations to carry out the amendments 
made by this subtitle. Such regulations shall ensure that such 
amendments are implemented in a manner that is consistent with the 
protection of national security and promotion of United States economic 
growth, job creation, and competitiveness.
    (b) Modification of Dollar Amounts.--
            (1) In general.--The Secretary may from time to time 
        prescribe regulations increasing or decreasing any dollar 
        amount specified in section 203(b)(6) of the Immigration and 
        Nationality Act, as added by section 4802, section 
        101(a)(15)(X) of such Act, as added by section 4801, or section 
        214(s), as added by section 4801.
            (2) Automatic adjustment.--Unless a dollar amount referred 
        to in paragraph (1) is adjusted by the Secretary under 
        paragraph (1), such dollar amount shall automatically adjust on 
        January 1, 2016, by the percentage change in the Consumer Price 
        Index (CPI-U) during fiscal year 2015, and on every fifth 
        subsequent January 1 by the percentage change in the CPI-U 
        during the previous 5 fiscal years, for any petition filed to 
        classify an alien under this paragraph on or after the date of 
        each automatic adjustment.
    (c) Other Authority.--The Secretary, in the Secretary's 
unreviewable discretion, may deny or revoke the approval of a petition 
seeking classification of an alien under paragraph (6) of section 
203(b) of the Immigration and Nationality Act, as added by section 
4802, or any other petition, application, or benefit based upon the 
previous or concurrent filing or approval of a petition for 
classification of an alien under such paragraph (6), if the Secretary 
determines, in the Secretary's sole and unreviewable discretion, that 
the approval or continuation of such petition, application, or benefit 
is contrary to the national interest of the United States or for other 
good cause.
    (d) Reports.--Once every 3 years, the Secretary shall submit to 
Congress a report on this subtitle and the amendments made by this 
subtitle. Each such report shall include--
            (1) the number and percentage of entrepreneurs able to meet 
        thresholds for nonimmigrant renewal and adjustment to green 
        card status under the amendments made by this subtitle;
            (2) an analysis of the program's economic impact including 
        job and revenue creation, increased investments and growth 
        within business sectors and regions;
            (3) a description and breakdown of types of businesses that 
        entrepreneurs granted nonimmigrant or immigrant status are 
        creating;
            (4) for each report following the Secretary's initial 
        report submitted under this subsection, a description of the 
        percentage of the businesses initially created by the 
        entrepreneurs granted immigrant and nonimmigrant status under 
        this subtitle and the amendments made by this subtitle, that 
        are still in operation; and
            (5) any recommendations for improving the program 
        established by this subtitle and the amendments made by this 
        subtitle.

SEC. 4804. PERMANENT AUTHORIZATION OF EB-5 REGIONAL CENTER PROGRAM.

    (a) Repeal.--Section 610 of the Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations Act, 1993 
(8 U.S.C. 1153 note) is repealed.
    (b) Authorization.--Section 203(b)(5) (8 U.S.C. 1153(b)(5)) is 
amended by adding at the end the following:
                    ``(E) Regional center program.--
                            ``(i) In general.--Visas under this 
                        paragraph shall be made available to qualified 
                        immigrants participating in a program 
                        implementing this paragraph that involves a 
                        regional center in the United States, which has 
                        been designated by the Secretary of Homeland 
                        Security, in consultation with the Secretary of 
                        Commerce, on the basis of a general proposal 
                        for the promotion of economic growth, 
                        including--
                                    ``(I) increased export sales;
                                    ``(II) improved regional 
                                productivity;
                                    ``(III) job creation; or
                                    ``(IV) increased domestic capital 
                                investment.
                            ``(ii) Establishment of a regional 
                        center.--A regional center shall have 
                        jurisdiction over a defined geographic area, 
                        which shall be described in the proposal and 
                        consistent with the purpose of concentrating 
                        pooled investment in defined economic zones. 
                        The establishment of a regional center may be 
                        based on general predictions, contained in the 
                        proposal, concerning--
                                    ``(I) the kinds of commercial 
                                enterprises that will receive 
                                investments from aliens;
                                    ``(II) the jobs that will be 
                                created directly or indirectly as a 
                                result of such investments; and
                                    ``(III) other positive economic 
                                effects such investments will have.
                            ``(iii) Compliance.--In determining 
                        compliance with subparagraph (A)(ii), the 
                        Secretary of Homeland Security shall permit 
                        aliens admitted under the program described in 
                        this subparagraph to establish reasonable 
                        methodologies for determining the number of 
                        jobs created by the program, including jobs 
                        estimated to have been created indirectly 
                        through--
                                    ``(I) revenues generated from 
                                increased exports, improved regional 
                                productivity, job creation; or
                                    ``(II) increased domestic capital 
                                investment resulting from the program, 
                                including jobs created outside of the 
                                geographic boundary of the regional 
                                center as a result of the immigrant's 
                                investment in regional center-
                                affiliated commercial enterprises.
                            ``(iv) Indirect job creation.--The 
                        Secretary shall permit immigrants admitted 
                        under this paragraph to satisfy the 
                        requirements under subparagraph (A)(ii) with 
                        jobs that are estimated to be created 
                        indirectly through investment under this 
                        paragraph in accordance with this subparagraph.
                    ``(F) Preapproval of business plans for regional 
                center investments.--
                            ``(i) Petition.--Before the filing of a 
                        petition under this subparagraph by an alien 
                        investor, a commercial enterprise affiliated 
                        with a regional center may file a petition with 
                        the Secretary of Homeland Security to 
                        preapprove a particular investment in the 
                        commercial enterprise, as provided in--
                                    ``(I) a business plan for a 
                                specific capital investment project;
                                    ``(II) investment documents, such 
                                as subscription, investment, 
                                partnership, and operating agreements; 
                                and
                                    ``(III) a credible economic 
                                analysis regarding estimated job 
                                creation that is based upon reasonable 
                                methodologies.
                            ``(ii) Preapproval procedure.--The 
                        Secretary shall establish a process to 
                        facilitate the preapproval of business plans 
                        under this subparagraph related to investment 
                        in a regional center commercial enterprise, 
                        which shall include an opportunity for the 
                        applicant to address and cure any deficiencies 
                        identified by the Secretary in the applicant's 
                        business plan, investment documents, or 
                        statement regarding job creation prior to a 
                        final determination. The Secretary shall impose 
                        a fee for the use of the process described in 
                        this clause sufficient to recover the costs of 
                        its administration.
                            ``(iii) Effect of preapproval of business 
                        plan for investment in regional center 
                        commercial enterprise.--The preapproval of a 
                        petition under this subparagraph shall be 
                        binding for purposes of the adjudication of 
                        petitions filed under this subparagraph by 
                        immigrants investing in the commercial 
                        enterprise unless the Secretary determines that 
                        there is evidence of fraud, misrepresentation, 
                        criminal misuse, a threat to national security, 
                        or other evidence affecting program eligibility 
                        that was not disclosed by the petitioner during 
                        the preapproval process.
                            ``(iv) Expedited processing option for 
                        alien investor petitions affiliated with 
                        preapproved business plans.--The Secretary may 
                        establish a premium processing option for alien 
                        investors who are investing in a commercial 
                        enterprise that has received preapproval under 
                        this subparagraph and may impose a fee for the 
                        use of that option sufficient to recover all 
                        costs of the option.
                            ``(v) Consideration of criminal activity in 
                        establishing eligibility criteria.--The 
                        Secretary shall consider the potential for 
                        fraud, misrepresentation, criminal misuse, and 
                        threats to national security in establishing 
                        eligibility criteria for any program the 
                        Secretary may establish under this 
                        subparagraph.
                    ``(G) Regional center financial statements.--
                            ``(i) In general.--Each regional center 
                        designated under subparagraph (E) shall 
                        annually submit, to the Director of U.S. 
                        Citizenship and Immigration Services (referred 
                        to in this subparagraph as the `Director'), in 
                        a manner prescribed by the Secretary of 
                        Homeland Security, financial statements, 
                        including--
                                    ``(I) an accounting of all foreign 
                                investor money invested through the 
                                regional center; and
                                    ``(II) for each capital investment 
                                project--
                                            ``(aa) an accounting of the 
                                        aggregate capital invested 
                                        through the regional center or 
                                        affiliated commercial 
                                        enterprises by immigrants under 
                                        this paragraph;
                                            ``(bb) a description of how 
                                        such funds are being used to 
                                        execute the approved business 
                                        plan;
                                            ``(cc) evidence that 100 
                                        percent of such investor funds 
                                        have been dedicated to the 
                                        project;
                                            ``(dd) detailed evidence of 
                                        the progress made toward the 
                                        completion of the project;
                                            ``(ee) an accounting of the 
                                        aggregate direct and indirect 
                                        jobs created or preserved; and
                                            ``(ff) a certification by 
                                        the regional center that such 
                                        statements are accurate.
                            ``(ii) Amendment of financial statements.--
                        If the Director determines that a financial 
                        statement required under clause (i) is 
                        deficient, the Director may require the 
                        regional center to amend or supplement such 
                        financial statement.
                            ``(iii) Sanctions.--
                                    ``(I) Effect of violation.--If the 
                                Director determines, after reviewing 
                                the financial statements submitted 
                                under clause (i), that a regional 
                                center, director, or other individual 
                                involved with a regional center (other 
                                than an alien investor) has violated 
                                any requirement under clause (i) or 
                                that the regional center is conducting 
                                itself in a manner inconsistent with 
                                its designation, the Director may 
                                sanction the violating entity or 
                                individual under subclause (II).
                                    ``(II) Authorized sanctions.--The 
                                Director shall establish a graduated 
                                set of sanctions for violations 
                                referred to in subclause (I), 
                                including--
                                            ``(aa) fines equal to not 
                                        more than 5 percent of the 
                                        total capital invested by 
                                        immigrant investors in the 
                                        commercial enterprise's 
                                        approved business plan;
                                            ``(bb) temporary suspension 
                                        from participation in the 
                                        program described in 
                                        subparagraph (E), which may be 
                                        lifted by the Director if the 
                                        individual or entity cures the 
                                        alleged violation after being 
                                        provided such an opportunity by 
                                        the Director;
                                            ``(cc) permanent bar from 
                                        program participation for 1 or 
                                        more individuals affiliated 
                                        with the regional center; and
                                            ``(dd) termination of 
                                        regional center status.
                    ``(H) Bona fides of persons involved in regional 
                centers.--
                            ``(i) In general.--No person shall be 
                        permitted by any regional center to be involved 
                        with the regional center as its principal, 
                        representative, administrator, owner, officer, 
                        board member, manager, executive, general 
                        partner, fiduciary, marketer, promoter, or 
                        other similar position of substantive authority 
                        for the operations, management or promotion of 
                        the regional center if the Secretary of 
                        Homeland Security--
                                    ``(I) determines such person has 
                                been found liable within the previous 5 
                                years for any criminal or civil 
                                violation of any law relating to fraud 
                                or deceit, or at any time if such 
                                violation involved a criminal 
                                conviction with a term of imprisonment 
                                of at least 1 year or a criminal or 
                                civil violation of any law or agency 
                                regulation in connection with the 
                                purchase or sale of a security; or
                                    ``(II) knows or has reasonable 
                                cause to believe that the person is 
                                engaged in, has ever been engaged in, 
                                or seeks to engage in any--
                                            ``(aa) illicit trafficking 
                                        in any controlled substance;
                                            ``(bb) activity relating to 
                                        espionage or sabotage;
                                            ``(cc) activity related to 
                                        money laundering (as described 
                                        in section 1956 or 1957 of 
                                        title 18, United States Code);
                                            ``(dd) terrorist activity 
                                        (as defined in clauses (iii) 
                                        and (iv) of section 
                                        212(a)(3)(B));
                                            ``(ee) human trafficking or 
                                        human rights offense; or
                                            ``(ff) violation of any 
                                        statute, regulation, or 
                                        Executive Order regarding 
                                        foreign financial transactions 
                                        or foreign asset control.
                            ``(ii) Information required.--The Secretary 
                        shall require such attestations and 
                        information, including, the submission of 
                        fingerprints to the Federal Bureau of 
                        Investigation, and shall perform such criminal 
                        record checks and other background checks with 
                        respect to a regional center, and persons 
                        involved in a regional center as described in 
                        clause (i), as the Secretary considers 
                        appropriate to determine whether the regional 
                        center is in compliance with clause (i). The 
                        Secretary may require the information and 
                        attestations described in this clause from such 
                        regional center, and any person involved in the 
                        regional center, at any time on or after the 
                        date of the enactment of the Border Security, 
                        Economic Opportunity, and Immigration 
                        Modernization Act.
                            ``(iii) Termination.--The Secretary is 
                        authorized, in his or her unreviewable 
                        discretion, to terminate any regional center 
                        from the program under this paragraph if he or 
                        she determines that--
                                    ``(I) the regional center is in 
                                violation of clause (i);
                                    ``(II) the regional center or any 
                                person involved with the regional 
                                center has provided any false 
                                attestation or information under clause 
                                (ii);
                                    ``(III) the regional center or any 
                                person involved with the regional 
                                center fails to provide an attestation 
                                or information requested by the 
                                Secretary under clause (ii); or
                                    ``(IV) the regional center or any 
                                person involved with the regional 
                                center is engaged in fraud, 
                                misrepresentation, criminal misuse, or 
                                threats to national security.
                    ``(I) Regional center compliance with securities 
                laws.--
                            ``(i) Certification required.--The 
                        Secretary of Homeland Security shall not 
                        approve an application for regional center 
                        designation or regional center amendment that 
                        does not certify that the regional center and, 
                        to the best knowledge of the applicant, all 
                        parties to the regional center are in, and will 
                        maintain, compliance with the securities laws 
                        of the United States.
                            ``(ii) Termination or suspension.--The 
                        Secretary shall terminate the designation of 
                        any regional center that does not provide the 
                        certification described in subclause (i) on an 
                        annual basis. In addition to any other 
                        authority provided to the Secretary regarding 
                        the regional center program described in 
                        subparagraph (E), the Secretary may, in his or 
                        her unreviewable discretion, suspend or 
                        terminate the designation of any regional 
                        center if he or she determines that the 
                        regional center or any party to the regional 
                        center--
                                    ``(I) is permanently or temporarily 
                                enjoined by order, judgment, or decree 
                                of any court of competent jurisdiction 
                                in connection with the purchase or sale 
                                of a security;
                                    ``(II) is subject to any final 
                                order of the Securities and Exchange 
                                Commission that--
                                            ``(aa) bars such person 
                                        from association with an entity 
                                        regulated by the Securities and 
                                        Exchange Commission; or
                                            ``(bb) constitutes a final 
                                        order based on violations in 
                                        connection with the purchase or 
                                        sale of a security; or
                                    ``(III) knowingly submitted or 
                                caused to be submitted a certification 
                                described in clause (i) that contained 
                                an untrue statement of a material fact 
                                or omitted to state a material fact 
                                necessary in order to make the 
                                statements made, in the light of the 
                                circumstances under which they were 
                                made, not misleading.
                            ``(iii) Savings provision.--Nothing in this 
                        subparagraph may be construed to impair or 
                        limit the authority of the Securities and 
                        Exchange Commission under the Federal 
                        securities laws.
                            ``(iv) Defined term.--For the purpose of 
                        this subparagraph, the term `party to the 
                        regional center' shall include the regional 
                        center, its agents, employees, and attorneys, 
                        and any persons in active concert or 
                        participation with the regional center.
                    ``(J) Denial or revocation.--If the Secretary of 
                Homeland Security determines, in his or her 
                unreviewable discretion, that the approval of a 
                petition, application, or benefit described in this 
                subparagraph is contrary to the national interest of 
                the United States for reasons relating to fraud, 
                misrepresentation, criminal misuse, or threats to 
                national security, the Secretary may deny or revoke the 
                approval of--
                            ``(i) a petition seeking classification of 
                        an alien as an alien investor under this 
                        paragraph;
                            ``(ii) a petition to remove conditions 
                        under section 216A before granting lawful 
                        permanent resident status or any other 
                        petition, application, or benefit based upon 
                        the previous or concurrent filing or approval 
                        of a petition for classification of an alien 
                        under this paragraph; or
                            ``(iii) an application for designation as a 
                        regional center.''.
    (c) Assistance by the Secretary of Commerce.--
            (1) In general.--The Secretary of Commerce, upon the 
        request of the Secretary, shall provide consultation assistance 
        for determining whether--
                    (A) a proposed regional center should be 
                designated, terminated, or subject to other 
                adjudicative action; or
                    (B) a petitioner or applicant for a benefit under 
                section 203(b)(5) of the Immigration and Nationality 
                Act, as amended by subsection (b), has met the 
                requirements under such paragraph with respect to job 
                creation.
            (2) Rulemaking.--The Secretary and the Secretary of 
        Commerce may each adopt such rules and regulations as are 
        necessary to carry out the consultation process provided for in 
        paragraph (1).
            (3) Savings provision.--Nothing in this subsection shall be 
        construed to require consultation with the Secretary of 
        Commerce to continue the designation of a regional center 
        approved before the date of the enactment of this Act.
    (d) Effective Date.--The amendments made by this section--
            (1) shall be effective upon the enactment of this Act; and
            (2) shall apply to--
                    (A) any application to designate a regional center, 
                and any person involved with the regional center, that 
                is pending or approved on or after the date of the 
                enactment of this Act; and
                    (B) any regional center approved before the date of 
                the enactment of this Act, on or after a delayed 
                effective date that is 1 year after such date of 
                enactment with respect to any person involved in the 
                regional center on or after such delayed effective 
                date.

SEC. 4805. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN 
              EMPLOYMENT-BASED IMMIGRANTS, SPOUSES, AND CHILDREN.

    (a) In General.--Section 216A (8 U.S.C. 1186b) is amended to read 
as follows:

``SEC. 216A. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN 
              EMPLOYMENT-BASED IMMIGRANTS, SPOUSES, AND CHILDREN.

    ``(a) In General.--
            ``(1) Conditional basis for status.--Notwithstanding any 
        other provision of this Act, employment-based immigrants (as 
        defined in subsection (f) (1) or (2)), alien spouses, and alien 
        children (as defined in subsection (f)(3)) shall be considered, 
        at the time of obtaining the status of an alien lawfully 
        admitted for permanent residence, to have obtained such status 
        on a conditional basis subject to the provisions of this 
        section.
            ``(2) Notice of requirements.--
                    ``(A) At time of obtaining permanent residence.--At 
                the time an employment-based immigrant, alien spouse, 
                or alien child obtains permanent resident status on a 
                conditional basis under paragraph (1), the Secretary of 
                Homeland Security shall provide for notice to the 
                alien, spouse, or child respecting the provisions of 
                this section and the requirements of subsection (c)(1) 
                to have the conditional basis of such status removed.
                    ``(B) At time of required petition.--In addition, 
                the Secretary of Homeland Security shall attempt to 
                provide notice to an employment-based immigrant, alien 
                spouse, or alien child, at or about the beginning of 
                the 90-day period described in subsection (d)(3), of 
                the requirements of subsection (c)(1).
                    ``(C) Effect of failure to provide notice.--The 
                failure of the Secretary of Homeland Security to 
                provide a notice under this paragraph shall not affect 
                the enforcement of the provisions of this section with 
                respect to an employment-based immigrant, alien spouse, 
                or alien child.
    ``(b) Termination of Status if Finding That Qualifying Employment 
Improper.--
            ``(1) Alien investor.--In the case of an alien investor 
        with permanent resident status on a conditional basis under 
        subsection (a), if the Secretary of Homeland Security 
        determines, before the second anniversary of the alien's 
        obtaining the status of lawful admission for permanent 
        residence, that--
                    ``(A) the investment in the commercial enterprise 
                was intended as a means of evading the immigration laws 
                of the United States;
                    ``(B)(i) the alien did not invest, or was not 
                actively in the process of investing, the requisite 
                capital; or
                    ``(ii) the alien was not sustaining the actions 
                described in clause (i) throughout the period of the 
                alien's residence in the United States; or
                    ``(C) subject to the exception in subsection 
                (d)(4), the alien was otherwise not conforming to the 
                requirements under section 203(b)(5),
        the Secretary shall so notify the alien investor and, subject 
        to paragraph (3), shall terminate the permanent resident status 
        of the alien (and the alien spouse and alien child) involved as 
        of the date of the determination.
            ``(2) Employee of a federal national security, science, and 
        technology laboratory, center or agency.--In the case of an 
        employee of a Federal national security, science, and 
        technology laboratory, center, or agency (as defined pursuant 
        to section 203(b)(2)(C)) with permanent resident status on a 
        conditional basis under subsection (a), if the Secretary of 
        Homeland Security, in consultation with the relevant employing 
        department or agency, determines, before the first anniversary 
        of the alien's obtaining the status of lawful admission for 
        permanent residence, that--
                    ``(A) the qualifying employment was intended as a 
                means of evading the immigration laws of the United 
                States;
                    ``(B) the alien has not completed or is not likely 
                to complete 12 months of qualifying continuous 
                employment; or
                    ``(C) the alien did not otherwise conform with the 
                requirements of section 203(b)(2),
        the Secretary shall so notify the alien involved and, subject 
        to paragraph (3), shall terminate the permanent resident status 
        of the alien (and the alien spouse and alien child) involved as 
        of the date of the determination.
            ``(3) Hearing in removal proceeding.--Any alien whose 
        permanent resident status is terminated under paragraph (1) or 
        (2) may request a review of such determination in a proceeding 
        to remove the alien. In such proceeding, the burden of proof 
        shall be on the Secretary of Homeland Security to establish, by 
        a preponderance of the evidence, that a condition described in 
        paragraph (1) or (2), as appropriate, is met.
    ``(c) Requirements of Timely Petition and Interview for Removal of 
Condition.--
            ``(1) In general.--
                    ``(A) Petition and interview.--In order for the 
                conditional basis established under subsection (a) for 
                an employment-based immigrant, alien spouse, or alien 
                child to be removed--
                            ``(i) the employment-based immigrant shall 
                        submit to the Secretary of Homeland Security, 
                        during the period described in subsection 
                        (d)(3), a petition which requests the removal 
                        of such conditional basis and which states, 
                        under penalty of perjury, the facts and 
                        information described in paragraph (1) or (2) 
                        of subsection (d), as appropriate; and
                            ``(ii) in accordance with subsection 
                        (d)(3), the employment-based immigrant must 
                        appear for a personal interview before an 
                        officer or employee of U.S. Citizenship and 
                        Immigration Services respecting such facts and 
                        information.
                    ``(B) Separate petition not required.--An alien 
                spouse or alien child shall not be required to file 
                separate petitions under subparagraph (A)(i) if the 
                employment-based immigrant's petition includes such 
                alien spouse or alien child.
                    ``(C) Effect on spouse or child.--If the alien 
                spouse or alien child obtains permanent residence on a 
                conditional basis after the employment-based immigrant 
                files a petition under subparagraph (A)(i)--
                            ``(i) the conditional basis of the 
                        permanent residence of the alien spouse or 
                        alien child shall be removed upon approval of 
                        the employment-based immigrant's petition under 
                        this subsection;
                            ``(ii) the permanent residence of the alien 
                        spouse or alien child shall be unconditional 
                        if--
                                    ``(I) the employment-based 
                                immigrant's petition is approved before 
                                the date on which the spouse or child 
                                obtains permanent residence; or
                                    ``(II) the employment-based 
                                immigrant dies after the approval of a 
                                petition under section 203(b)(5); and
                            ``(iii) the alien child shall not be deemed 
                        ineligible for approval under section 203(b)(5) 
                        or removal of conditions under this section if 
                        the alien child reaches 21 years of age 
                        during--
                                    ``(I) the pendency of the 
                                employment-based immigrant's petition 
                                under section 203(b)(5); or
                                    ``(II) conditional residency under 
                                such section.
                    ``(D) Additional fee.--Notwithstanding any other 
                provision under this section, the Secretary may require 
                the employment-based immigrant to pay an additional fee 
                for a petition filed under subparagraph (A)(i) that 
                includes the alien's spouse and child or children.
            ``(2) Termination of permanent resident status for failure 
        to file petition or have personal interview.--
                    ``(A) In general.--In the case of an alien with 
                permanent resident status on a conditional basis under 
                subsection (a), if--
                            ``(i) no petition is filed with respect to 
                        the alien in accordance with the provisions of 
                        paragraph (1)(A); or
                            ``(ii) unless there is good cause shown, 
                        the employment-based immigrant fails to appear 
                        at the interview described in paragraph (1)(B) 
                        (if required under subsection (d)(4)),
                the Secretary of Homeland Security shall terminate the 
                permanent resident status of the alien (and the alien's 
                spouse and children if it was obtained on a conditional 
                basis under this section or section 216) as of the 
                second anniversary of the alien's lawful admission for 
                permanent residence.
                    ``(B) Hearing in removal proceeding.--In any 
                removal proceeding with respect to an alien whose 
                permanent resident status is terminated under 
                subparagraph (A), the burden of proof shall be on the 
                alien to establish compliance with the conditions of 
                paragraphs (1)(A) and (1)(B).
            ``(3) Determination after petition and interview.--
                    ``(A) In general.--If--
                            ``(i) a petition is filed in accordance 
                        with the provisions of paragraph (1)(A); and
                            ``(ii) the employment-based immigrant 
                        appears at any interview described in paragraph 
                        (1)(B),
                the Secretary of Homeland Security shall make a 
                determination, not later than 90 days after the date of 
                such filing or interview (whichever is later), as to 
                whether the facts and information described in 
                paragraph (1) or (2) of subsection (d), as appropriate, 
                and alleged in the petition are true.
                    ``(B) Removal of conditional basis if favorable 
                determination.--
                            ``(i) Header.--If the Secretary of Homeland 
                        Security determines with respect to a petition 
                        filed by an alien investor that such facts and 
                        information are true, the Secretary shall so 
                        notify the alien investor and shall remove the 
                        conditional basis of the alien's status 
                        effective as of the second anniversary of the 
                        alien's lawful admission for permanent 
                        residence.
                            ``(ii) Removal of conditional basis for 
                        employee of a federal national security, 
                        science, and technology laboratory, center or 
                        agency.--If the Secretary of Homeland Security 
                        determines with respect to a petition filed by 
                        an employee of a Federal national security, 
                        science, and technology laboratory, center, or 
                        agency that such facts and information are 
                        true, the Secretary shall so notify the alien 
                        and shall remove the conditional basis of the 
                        alien's status effective as of the first 
                        anniversary of the alien's lawful admission for 
                        permanent residence.
                    ``(C) Termination if adverse determination.--If the 
                Secretary of Homeland Security determines that such 
                facts and information are not true, the Secretary shall 
                so notify the alien involved and, subject to 
                subparagraph (D), shall terminate the permanent 
                resident status of an employment-based immigrant, alien 
                spouse, or alien child as of the date of the 
                determination.
                    ``(D) Hearing in removal proceeding.--Any alien 
                whose permanent resident status is terminated under 
                subparagraph (C) may request a review of such 
                determination in a proceeding to remove the alien. In 
                such proceeding, the burden of proof shall be on the 
                Secretary of Homeland Security to establish, by a 
                preponderance of the evidence, that the facts and 
                information described in subsection (d)(1) and alleged 
                in the petition are not true.
    ``(d) Details of Petition and Interview.--
            ``(1) Contents of petition by alien investor.--Each 
        petition filed by an alien investor under section (c)(1)(A) 
        shall contain facts and information demonstrating that the 
        alien--
                    ``(A)(i) invested, or is actively in the process of 
                investing, the requisite capital; and
                    ``(ii) sustained the actions described in clause 
                (i) throughout the period of the alien's residence in 
                the United States; and
                    ``(B) except as provided in paragraph (4), is 
                otherwise conforming to the requirements under section 
                203(b)(5).
            ``(2) Contents of petition by employee of a federal 
        national security, science, and technology laboratory, center, 
        or agency.--Each petition under subsection (c)(1)(A) filed by 
        an employee of a Federal national security, science, and 
        technology laboratory, center, or agency shall contain facts 
        and information demonstrating that the alien is conforming to 
        the requirements of section 203(b)(2).
            ``(3) Period for filing petition.--
                    ``(A) 90-day period before anniversary.--Except as 
                provided in subparagraph (B), the petition under 
                subsection (c)(1)(A) must be filed as follows:
                            ``(i) In the case of an alien investor, 
                        during the 90-day period before the second 
                        anniversary of the alien's lawful admission for 
                        permanent residence.
                            ``(ii) In the case of an employee of a 
                        Federal national security, science, and 
                        technology laboratory, center, or agency, 
                        during the 90-day period before the first 
                        anniversary of the alien's lawful admission for 
                        permanent residence.
                    ``(B) Late petitions.--Such a petition may be 
                considered if filed after such date, but only if the 
                alien establishes to the satisfaction of the Secretary 
                of Homeland Security good cause and extenuating 
                circumstances for failure to file the petition during 
                the period described in subparagraph (A).
                    ``(C) Filing of petitions during removal.--In the 
                case of an alien who is the subject of removal hearings 
                as a result of failure to file a petition on a timely 
                basis in accordance with subparagraph (A), the 
                Secretary of Homeland Security may stay such removal 
                proceedings against an alien pending the filing of the 
                petition under subparagraph (B).
            ``(4) Personal interview.--The interview under subsection 
        (c)(1)(B) shall be conducted within 90 days after the date of 
        submitting a petition under subsection (c)(1)(A) and at a local 
        office of U.S. Citizenship and Immigration Services, designated 
        by the Secretary of Homeland Security, which is convenient to 
        the parties involved. The Secretary, in the discretion of the 
        Secretary, may waive the deadline for such an interview or the 
        requirement for such an interview in such cases as may be 
        appropriate.
            ``(5) Special rule for alien investors in a regional 
        center.--Each petition under subsection (c)(1)(A) filed by an 
        alien investor who invests in accordance with section 
        203(b)(5)(E) shall contain facts and information demonstrating 
        that the alien is complying with the requirements under section 
        203(b)(5), except--
                    ``(A) the alien shall not be subject to the 
                requirements under section 203(b)(5)(A)(ii); and
                    ``(B) the petition shall contain the most recent 
                financial statement filed by the regional center in 
                which the alien has invested in accordance with section 
                203(b)(5)(G).
    ``(e) Treatment of Period for Purposes of Naturalization.--For 
purposes of title III, in the case of an alien who is in the United 
States as a lawful permanent resident on a conditional basis under this 
section, the alien shall be considered to have been admitted as an 
alien lawfully admitted for permanent residence and to be in the United 
States as an alien lawfully admitted to the United States for permanent 
residence, if the alien has had the conditional basis removed pursuant 
to this section.
    ``(f) Fraud, Misrepresentation, Criminal Misuse, or Threats to the 
Public Safety or National Security.--If the Secretary of Homeland 
Security determines, in his or her sole and unreviewable discretion, 
that the conditional permanent resident status granted to an 
employment-based immigrant under subsection (a), or to an alien 
researcher described in section 203(b)(2)(A)(ii) is contrary to the 
national interest of the United States for reasons relating to fraud, 
misrepresentation, criminal misuse, or threats to national security, 
the Secretary shall--
            ``(1) notify the immigrant involved of such determination; 
        and
            ``(2) terminate the permanent resident status of the 
        immigrant involved (and the alien spouse and alien children of 
        such immigrant) as of the date of such determination.
    ``(g) Definitions.--In this section:
            ``(1) The term `alien investor' means an alien who obtains 
        the status of an alien lawfully admitted for permanent 
        residence (whether on a conditional basis or otherwise) under 
        section 203(b)(5).
            ``(2) The term `alien spouse' and the term `alien child' 
        mean an alien who obtains the status of an alien lawfully 
        admitted for permanent residence (whether on a conditional 
        basis or otherwise) by virtue of being the spouse or child, 
        respectively, of an alien investor or an employee of a Federal 
        national security, science, and technology laboratory, center, 
        or agency.
            ``(3) The term `commercial enterprise' includes a limited 
        partnership.
            ``(4) The term `employment-based immigrant' means an alien 
        described in paragraph (1) or (5).
            ``(5) The term `employee of a Federal national security, 
        science, and technology laboratory, center, or agency' means an 
        alien who obtains the status of an alien lawfully admitted for 
        permanent residence (whether on a conditional basis or 
        otherwise) under section 203(b)(2)(A)(ii).''.
    (b) Conforming Amendment.--Section 216(e) (8 U.S.C. 1186a(e)) is 
amended by inserting before the period at the end the following: ``, if 
the alien has had the conditional basis removed pursuant to this 
section''.
    (c) Clerical Amendment.--The table of contents is amended by 
striking the item relating to section 216A and inserting the following:

``Sec. 216A. Conditional permanent resident status for certain 
                            employment-based immigrants, spouses, and 
                            children.''.

SEC. 4806. EB-5 VISA REFORMS.

    (a) Aliens Not Subject to Direct Numerical Limitation.--Section 
201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by sections 2103(c)(2), 
2212(d)(2), 2307(b), and 2402, is further amended by adding at the end 
the following:
            ``(P) Aliens who are the spouse or a child of an alien 
        admitted as an employment-based immigrant under section 
        203(b)(5).''.
    (b) Technical Amendment.--Section 203(b)(5), as amended by this 
Act, is further amended by striking ``Attorney General'' each place it 
appears and inserting ``Secretary of Homeland Security''.
    (c) Targeted Employment Areas.--
            (1) In general.--Section 203(b)(5)(B) (8 U.S.C. 
        1153(b)(5)(B)) is amended to read as follows:
                    ``(B) Set-aside for targeted employment areas.--
                            ``(i) In general.--Not fewer than 5,000 of 
                        the visas made available under this paragraph 
                        in each fiscal year shall be reserved for 
                        qualified immigrants who invest in a new 
                        commercial enterprise described in subparagraph 
                        (A), which--
                                    ``(I) is investing such capital in 
                                a targeted employment area; and
                                    ``(II) will create employment in 
                                such targeted employment area.
                            ``(ii) Duration of high unemployment and 
                        poverty area designation.--A designation of a 
                        high unemployment or poverty area as a targeted 
                        employment area shall be valid for 5 years and 
                        may be renewed for additional 5-year periods if 
                        the area continues to meet the definition of a 
                        high unemployment or poverty area. An investor 
                        who has made the required amount of investment 
                        in such a targeted employment area during its 
                        period of designation shall not be required to 
                        increase the amount of investment based upon 
                        expiration of the designation.''.
    (d) Adjustment of Minimum EB-5 Investment Amount.--Section 
203(b)(5)(C)(i) (8 U.S.C. 1153(b)(5)(C)(i)) is amended--
            (1) by striking ``The Attorney General'' and inserting 
        ``The Secretary of Commerce'';
            (2) by striking ``Secretary of State'' and inserting 
        ``Secretary of Homeland Security''; and
            (3) by adding at the end the following: ``Unless adjusted 
        by the Secretary of Commerce, the amount specified in this 
        clause shall automatically adjust, on January 1, 2016, by the 
        percentage change in the Consumer Price Index (CPI-U) during 
        fiscal year 2015, and on every fifth subsequent January 1 by 
        the cumulative percentage change in the CPI-U during the 
        previous 5 fiscal years, for any petition filed to classify an 
        alien under this paragraph on or after the date of each 
        automatic adjustment.''.
    (e) Definitions.--
            (1) In general.--Section 203(b)(5) (8 U.S.C. 1153(b)(5)), 
        as amended by subsections (b) and (c) and section 4804, is 
        further amended--
                    (A) by striking subparagraph (D) and inserting 
                following:
                    ``(D) Calculation of full-time employment.--Job 
                creation under this paragraph may consist of employment 
                measured in full-time equivalents, such as intermittent 
                or seasonal employment opportunities and construction 
                jobs. A full-time employment position is not a 
                requirement for indirect job creation.''; and
                    (B) by adding at the end the following:
                    ``(K) Definitions.--In this paragraph:
                            ``(i) The term `capital' means all real, 
                        personal, or mixed assets, whether tangible or 
                        intangible, owned or controlled by the 
                        investor, or held in trust for the benefit of 
                        the investor, to which the investor has 
                        unrestricted access, which shall be valued at 
                        fair market value in United States dollars, in 
                        accordance with Generally Accepted Accounting 
                        Principles, at the time it is invested under 
                        this paragraph.
                            ``(ii) The term `full-time employment' 
                        means employment in a position that requires at 
                        least 35 hours of service per week, regardless 
                        of how many employees fill the position.
                            ``(iii) The term `high unemployment and 
                        poverty area' means--
                                    ``(I) an area consisting of a 
                                census tract or contiguous census 
                                tracts that has an unemployment rate 
                                that is at least 150 percent of the 
                                national average unemployment rate and 
                                includes at least 1 census tract with 
                                20 percent of its residents living 
                                below the poverty level as determined 
                                by the Bureau of the Census; or
                                    ``(II) an area that is within the 
                                boundaries established for purposes of 
                                a Federal or State economic development 
                                incentive program, including areas 
                                defined as Enterprise Zones, Renewal 
                                Communities, Promise Zones, and 
                                Empowerment Zones.
                            ``(iv) The term `rural area' means--
                                    ``(I) any area other than an area 
                                within a metropolitan statistical area 
                                or within the outer boundary of any 
                                city or town having a population of 
                                20,000 or more (based on the most 
                                recent decennial census of the United 
                                States); or
                                    ``(II) any city or town having a 
                                population of fewer than 20,000 (based 
                                on the most recent decennial census of 
                                the United States) that is located 
                                within a State having a population of 
                                fewer than 1,500,000 (based on the most 
                                recent decennial census of the United 
                                States).
                            ``(v) The term `targeted employment area' 
                        means a rural area or a high unemployment and 
                        poverty area.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to any application for a visa under section 
        203(b)(5) of the Immigration and Nationality Act that is filed 
        on or after the date that is 1 year after the date of the 
        enactment of this Act.
    (f) Age Determination for Children of Alien Investors.--Section 
203(h) (8 U.S.C. 1153(h)) is amended by adding at the end the 
following:
            ``(5) Age determination for children of alien investors.--
        An alien admitted under subsection (d) as a lawful permanent 
        resident on a conditional basis as the child of an alien 
        lawfully admitted for permanent residence under subsection 
        (b)(5), whose lawful permanent resident status on a conditional 
        basis is terminated under section 216A, shall continue to be 
        considered a child of the principal alien for the purpose of a 
        subsequent immigrant petition by such alien under subsection 
        (b)(5) if the alien remains unmarried and the subsequent 
        petition is filed by the principal alien not later than 1 year 
        after the termination of conditional lawful permanent resident 
        status. No alien shall be considered a child under this 
        paragraph with respect to more than 1 petition filed after the 
        alien's 21st birthday.''.
    (g) Enhanced Pay Scale for Certain Federal Employees Administering 
the EB-5 Program.--The Secretary may establish, fix the compensation 
of, and appoint individuals to, designated critical administrative, 
technical, and professional positions needed to administer sections 
203(b)(5) and 216A of the Immigration and Nationality Act (8 U.S.C. 
1153(b)(5) and 1186b).
    (h) Delegation of Certain EB-5 Authority.--
            (1) In general.--The Secretary of Homeland Security may 
        delegate to the Secretary of Commerce authority and 
        responsibility for determinations under sections 203(b)(5) and 
        216A (with respect to alien entrepreneurs) of the Immigration 
        and Nationality Act (8 U.S.C. 1153(b)(5) and 1186a), including 
        determining whether an alien has met employment creation 
        requirements.
            (2) Regulations.--The Secretary of Homeland Security and 
        the Secretary of Commerce may each adopt such rules and 
        regulations as are necessary to carry out the delegation 
        authorized under paragraph (1), including regulations governing 
        the eligibility criteria for obtaining benefits pursuant to the 
        amendments made by this section.
            (3) Use of fees.--Adjudication fees described in section 
        286(m) of the Immigration and Nationality Act (8 U.S.C. 
        1356(m)) shall remain available until expended to reimburse the 
        Secretary of Commerce for the costs of any determinations made 
        by the Secretary of Commerce under paragraph (1).
    (i) Concurrent Filing of EB-5 Petitions and Applications for 
Adjustment of Status.--Section 245 (8 U.S.C. 1255), as amended by 
section 4237(b), is further amended--
            (1) in subsection (k), in the matter preceding paragraph 
        (1), by striking ``or (3)'' and inserting ``(3), (5), or (7)''; 
        and
            (2) by adding at the end the following:
    ``(o) At the time a petition is filed for classification under 
section 203(b)(5), if the approval of such petition would make a visa 
immediately available to the alien beneficiary, the alien beneficiary's 
application for adjustment of status under this section shall be 
considered to be properly filed whether the application is submitted 
concurrently with, or subsequent to, the visa petition.''.

SEC. 4807. AUTHORIZATION OF APPROPRIATIONS.

    (a) Funding.--There are authorized to be appropriated from the 
Trust Fund established under section 6(a) such sums as may be necessary 
to carry out sections 1110, 2101, 2104, 2212, 2213, 2221, 2232, 3301, 
3501, 3502, 3503, 3504, 3505, 3506, 3605, 3610, 4221, and 4401 of this 
Act.
    (b) Availability of Funds.--Amounts appropriated pursuant to this 
section shall remain available until expended unless otherwise 
specified in this Act.

           Subtitle I--Student and Exchange Visitor Programs

SEC. 4901. SHORT TITLE.

    This subtitle may be cited as the ``Student Visa Integrity Act''.

SEC. 4902. SEVIS AND SEVP DEFINED.

    In this subtitle:
            (1) SEVIS.--The term ``SEVIS'' means the Student and 
        Exchange Visitor Information System of the Department of 
        Homeland Security.
            (2) SEVP.--The term ``SEVP'' means the Student and Exchange 
        Visitor Program of the Department of Homeland Security.

SEC. 4903. INCREASED CRIMINAL PENALTIES.

    Section 1546(a) of title 18, United States Code, is amended by 
striking ``10 years'' and inserting ``15 years (if the offense was 
committed by an owner, official, employee, or agent of an educational 
institution with respect to such institution's participation in the 
Student and Exchange Visitor Program), 10 years''.

SEC. 4904. ACCREDITATION REQUIREMENT.

    Section 101(a)(52) (8 U.S.C. 1101(a)(52)) is amended to read as 
follows:
    ``(52) Except as provided in section 214(m)(4), the term 
`accredited college, university, or language training program' means a 
college, university, or language training program that is accredited by 
an accrediting agency recognized by the Secretary of Education.''.

SEC. 4905. OTHER ACADEMIC INSTITUTIONS.

    Section 214(m) (8 U.S.C. 1184(m)) is amended by adding at the end 
the following:
    ``(3) The Secretary of Homeland Security shall require 
accreditation of an academic institution (except for seminaries or 
other religious institutions) for purposes of section 101(a)(15)(F) 
if--
            ``(A) that institution is not already required to be 
        accredited under section 101(a)(15)(F)(i); and
            ``(B) an appropriate accrediting agency recognized by the 
        Secretary of Education is able to provide such accreditation.
    ``(4) The Secretary of Homeland Security, in the Secretary's 
discretion, may waive the accreditation requirement in section 
101(a)(15)(F)(i) with respect to an accredited college, university, or 
language training program if the academic institution--
            ``(A) is otherwise in compliance with the requirements of 
        such section; and
            ``(B) is, on the date of the enactment of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996, a 
        candidate for accreditation or, after such date, has been a 
        candidate for accreditation for at least 1 year and continues 
        to progress toward accreditation by an accreditation agency 
        recognized by the Secretary of Education.''.

SEC. 4906. PENALTIES FOR FAILURE TO COMPLY WITH SEVIS REPORTING 
              REQUIREMENTS.

    Section 641 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1372) is amended--
            (1) in subsection (c)(1)--
                    (A) by striking ``institution,,'' each place it 
                appears and inserting ``institution,''; and
                    (B) in subparagraph (D), by striking ``and'' at the 
                end;
            (2) in subsection (d)(2), by striking ``fails to provide 
        the specified information'' and all that follows and inserting 
        ``does not comply with the reporting requirements set forth in 
        this section, the Secretary of Homeland Security may--
                    ``(A) impose a monetary fine on such institution in 
                an amount to be determined by the Secretary; and
                    ``(B) suspend the authority of such institution to 
                issue a Form I-20 to any alien.''.

SEC. 4907. VISA FRAUD.

    (a) Immediate Withdrawal of SEVP Certification.--Section 641(d) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1372(d)) is amended--
            (1) in paragraph (1)(A), by striking ``institution,,'' and 
        inserting ``institution,''; and
            (2) by adding at the end the following:
            ``(3) Effect of reasonable suspicion of fraud.--If the 
        Secretary of Homeland Security has reasonable suspicion that an 
        owner of, or a designated school official at, an approved 
        institution of higher education, an other approved educational 
        institution, or a designated exchange visitor program has 
        committed fraud or attempted to commit fraud relating to any 
        aspect of the Student and Exchange Visitor Program, or if such 
        owner or designated school official is indicted for such fraud, 
        the Secretary may immediately--
                    ``(A) suspend such certification without prior 
                notification; and
                    ``(B) suspend such official's or such school's 
                access to the Student and Exchange Visitor Information 
                System (SEVIS).''.
    (b) Effect of Conviction for Visa Fraud.--Section 641(d) of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as 
amended by subsection (a), is further amended by adding at the end the 
following:
            ``(5) Permanent disqualification for fraud.--A designated 
        school official at, or an owner of, an approved institution of 
        higher education, an other approved educational institution, or 
        a designated exchange visitor program who is convicted for 
        fraud relating to any aspect of the Student and Exchange 
        Visitor Program shall be permanently disqualified from filing 
        future petitions and from having an ownership interest or a 
        management role (including serving as a principal, owner, 
        officer, board member, general partner, designated school 
        official, or any other position of substantive authority for 
        the operations or management of the institution) in any United 
        States educational institution that enrolls nonimmigrant alien 
        students described in subparagraph (F) or (M) of section 
        101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)).''.

SEC. 4908. BACKGROUND CHECKS.

    (a) In General.--Section 641(d) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)), as amended 
by section 4907 of this Act, is further amended by adding at the end 
the following:
            ``(6) Background check requirement.--
                    ``(A) In general.--An individual may not serve as a 
                designated school official or be granted access to 
                SEVIS unless the individual is a national of the United 
                States or an alien lawfully admitted for permanent 
                residence and during the most recent 3-year period--
                            ``(i) the Secretary of Homeland Security 
                        has--
                                    ``(I) conducted a thorough 
                                background check on the individual, 
                                including a review of the individual's 
                                criminal and sex offender history and 
                                the verification of the individual's 
                                immigration status; and
                                    ``(II) determined that the 
                                individual--
                                            ``(aa) has not been 
                                        convicted of any violation of 
                                        United States immigration law; 
                                        and
                                            ``(bb) is not a risk to the 
                                        national security of the United 
                                        States; and
                            ``(ii) the individual has successfully 
                        completed an on-line training course on SEVP 
                        and SEVIS, which has been developed by the 
                        Secretary.
                    ``(B) Interim designated school official.--
                            ``(i) In general.--An individual may serve 
                        as an interim designated school official during 
                        the period that the Secretary is conducting the 
                        background check required by subparagraph 
                        (A)(i)(I).
                            ``(ii) Reviews by the secretary.--If an 
                        individual serving as an interim designated 
                        school official under clause (i) does not 
                        successfully complete the background check 
                        required by subparagraph (A)(i)(I), the 
                        Secretary shall review each Form I-20 issued by 
                        such interim designated school official.
            ``(7) Fee.--The Secretary is authorized to collect a fee 
        from an approved school for each background check conducted 
        under paragraph (6)(A)(i). The amount of such fee shall be 
        equal to the average amount expended by the Secretary to 
        conduct such background checks.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date that is 1 year after the date of the enactment 
of this Act.

SEC. 4909. REVOCATION OF AUTHORITY TO ISSUE FORM I-20 OF FLIGHT SCHOOLS 
              NOT CERTIFIED BY THE FEDERAL AVIATION ADMINISTRATION.

    Immediately upon the enactment of this Act, the Secretary shall 
prohibit any flight school in the United States from accessing SEVIS or 
issuing a Form I-20 to an alien seeking a student visa pursuant to 
subparagraph (F)(i) or (M)(i) of section 101(a)(15) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)) if the flight school has not 
been certified to the satisfaction of the Secretary and by the Federal 
Aviation Administration pursuant to part 141 or part 142 of title 14, 
Code of Federal Regulations (or similar successor regulations).

SEC. 4910. REVOCATION OF ACCREDITATION.

    At the time an accrediting agency or association is required to 
notify the Secretary of Education and the appropriate State licensing 
or authorizing agency of the final denial, withdrawal, suspension, or 
termination of accreditation of an institution pursuant to section 496 
of the Higher Education Act of 1965 (20 U.S.C. 1099b), such accrediting 
agency or association shall notify the Secretary of Homeland Security 
of such determination and the Secretary of Homeland Security shall 
immediately withdraw the school from the SEVP and prohibit the school 
from accessing SEVIS.

SEC. 4911. REPORT ON RISK ASSESSMENT.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary shall submit to the Committee on the Judiciary of 
the Senate and the Committee on the Judiciary of the House of 
Representatives a report that contains the risk assessment strategy 
that will be employed by the Secretary to identify, investigate, and 
take appropriate action against schools and school officials that are 
facilitating the issuance of Form I-20 and the maintenance of student 
visa status in violation of the immigration laws of the United States.

SEC. 4912. IMPLEMENTATION OF GAO RECOMMENDATIONS.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary shall submit to the Committee on the Judiciary of 
the Senate and the Committee on the Judiciary of the House of 
Representatives a report that describes--
            (1) the process in place to identify and assess risks in 
        the SEVP;
            (2) a risk assessment process to allocate SEVP's resources 
        based on risk;
            (3) the procedures in place for consistently ensuring a 
        school's eligibility, including consistently verifying in lieu 
        of letters;
            (4) how SEVP identified and addressed missing school case 
        files;
            (5) a plan to develop and implement a process to monitor 
        State licensing and accreditation status of all SEVP-certified 
        schools;
            (6) whether all flight schools that have not been certified 
        to the satisfaction of the Secretary and by the Federal 
        Aviation Administration have been removed from the program and 
        have been restricted from accessing SEVIS;
            (7) the standard operating procedures that govern 
        coordination among SEVP, Counterterrorism and Criminal 
        Exploitation Unit, and U.S. Immigration and Customs Enforcement 
        field offices; and
            (8) the established criteria for referring cases of a 
        potentially criminal nature from SEVP to the counterterrorism 
        and intelligence community.

SEC. 4913. IMPLEMENTATION OF SEVIS II.

    Not later than 2 years after the date of the enactment of this Act, 
the Secretary shall complete the deployment of both phases of the 
second generation Student and Exchange Visitor Information System 
(commonly known as ``SEVIS II'').

                        TITLE V--JOBS FOR YOUTH

SEC. 5101. DEFINITIONS.

    In this title:
            (1) Chief elected official.--The term ``chief elected 
        official'' means the chief elected executive officer of a unit 
        of local government in a local workforce investment area or in 
        the case in which such an area includes more than one unit of 
        general government, the individuals designated under an 
        agreement described in section 117(c)(1)(B) of the Workforce 
        Investment Act of 1998 (29 U.S.C. 2832(c)(1)(B)).
            (2) Local workforce investment area.--The term ``local 
        workforce investment area'' means such area designated under 
        section 116 of the Workforce Investment Act of 1998 (29 U.S.C. 
        2831).
            (3) Local workforce investment board.--The term ``local 
        workforce investment board'' means such board established under 
        section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 
        2832).
            (4) Low-income youth.--The term ``low-income youth'' means 
        an individual who--
                    (A) is not younger than 16 but is younger than 25;
                    (B) meets the definition of a low-income individual 
                provided in section 101(25) of the Workforce Investment 
                Act of 1998 (29 U.S.C. 2801(25)), except that States 
                and local workforce investment areas, subject to 
                approval in the applicable State plans and local plans, 
                may increase the income level specified in subparagraph 
                (B)(i) of such section to an amount not in excess of 
                200 percent of the poverty line for purposes of 
                determining eligibility for participation in activities 
                under section 5103; and
                    (C) is in one or more of the categories specified 
                in section 101(13)(C) of the Workforce Investment Act 
                of 1998 (29 U.S.C. 2801(13)(C)).
            (5) Poverty line.--The term ``poverty line'' means a 
        poverty line as defined in section 673 of the Community 
        Services Block Grant Act (42 U.S.C. 9902), applicable to a 
        family of the size involved.
            (6) State.--The term ``State'' means each of the several 
        States of the United States, and the District of Columbia.

SEC. 5102. ESTABLISHMENT OF YOUTH JOBS FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States an account that shall be known as the Youth Jobs Fund 
(referred to in this title as ``the Fund'').
    (b) Deposits Into the Fund.--Out of any amounts in the Treasury not 
otherwise appropriated, there is appropriated $1,500,000,000 for fiscal 
year 2014, which shall be paid to the Fund, to be used by the Secretary 
of Labor to carry out this title.
    (c) Availability of Funds.--Of the amounts deposited into the Fund 
under subsection (b), the Secretary of Labor shall allocate 
$1,500,000,000 to provide summer and year-round employment 
opportunities to low-income youth in accordance with section 5103.
    (d) Period of Availability.--The amounts appropriated under this 
title shall be available for obligation by the Secretary of Labor until 
December 31, 2014, and shall be available for expenditure by grantees 
(including subgrantees) until September 30, 2015.

SEC. 5103. SUMMER EMPLOYMENT AND YEAR-ROUND EMPLOYMENT OPPORTUNITIES 
              FOR LOW-INCOME YOUTH.

    (a) In General.--From the funds available under section 5102(c), 
the Secretary of Labor shall make an allotment under subsection (c) to 
each State that has a modification to a State plan approved under 
section 112 of the Workforce Investment Act of 1998 (29 U.S.C. 2822) 
(referred to in this section as a ``State plan modification'') (or 
other State request for funds specified in guidance under subsection 
(b)) approved under subsection (d) and recipient under section 166(c) 
of the Workforce Investment Act of 1998 (29 U.S.C. 2911(c)) (referred 
to in this section as a ``Native American grantee'') that meets the 
requirements of this section, for the purpose of providing summer 
employment and year-round employment opportunities to low-income youth.
    (b) Guidance and Application of Requirements.--
            (1) Guidance.--Not later than 20 days after the date of 
        enactment of this Act, the Secretary of Labor shall issue 
        guidance regarding the implementation of this section.
            (2) Procedures.--Such guidance shall, consistent with this 
        section, include procedures for--
                    (A) the submission and approval of State plan 
                modifications, for such other forms of requests for 
                funds by the State as may be identified in such 
                guidance, for modifications to local plans approved 
                under section 118 of the Workforce Investment Act of 
                1998 (29 U.S.C. 2833) (referred to individually in this 
                section as a ``local plan modification''), or for such 
                other forms of requests for funds by local workforce 
                investment areas as may be identified in such guidance, 
                that promote the expeditious and effective 
                implementation of the activities authorized under this 
                section; and
                    (B) the allotment and allocation of funds, 
                including reallotment and reallocation of such funds, 
                that promote such implementation.
            (3) Requirements.--Except as otherwise provided in the 
        guidance described in paragraph (1) and in this section and 
        other provisions of this title, the funds provided for 
        activities under this section shall be administered in 
        accordance with the provisions of subtitles B and E of title I 
        of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et 
        seq., 2911 et seq.) relating to youth activities.
    (c) State Allotments.--
            (1) In general.--Using the funds described in subsection 
        (a), the Secretary of Labor shall allot to each State the total 
        of the amounts assigned to the State under subparagraphs (A) 
        and (B) of paragraph (2).
            (2) Assignments to states.--
                    (A) Minimum amounts.--Using funds described in 
                subsection (a), the Secretary of Labor shall assign to 
                each State an amount equal to \1/2\ of 1 percent of 
                such funds.
                    (B) Formula amounts.--The Secretary of Labor shall 
                assign the remainder of the funds described in 
                subsection (a) among the States by assigning--
                            (i) 33\1/3\ percent on the basis of the 
                        relative number of individuals in the civilian 
                        labor force who are not younger than 16 but 
                        younger than 25 in each State, compared to the 
                        total number of individuals in the civilian 
                        labor force who are not younger than 16 but 
                        younger than 25 in all States;
                            (ii) 33\1/3\ percent on the basis of the 
                        relative number of unemployed individuals in 
                        each State, compared to the total number of 
                        unemployed individuals in all States; and
                            (iii) 33\1/3\ on the basis of the relative 
                        number of disadvantaged young adults and youth 
                        in each State, compared to the total number of 
                        disadvantaged young adults and youth in all 
                        States.
            (3) Reallotment.--If the Governor of a State does not 
        submit a State plan modification or other State request for 
        funds specified in guidance under subsection (b) by the date 
        specified in subsection (d)(2)(A), or a State does not receive 
        approval of such State plan modification or request, the amount 
        the State would have been eligible to receive pursuant to 
        paragraph (1) shall be allocated to States that receive 
        approval of State plan modifications or requests specified in 
        the guidance. Each such State shall receive a share of the 
        total amount available for reallotment under this paragraph, in 
        accordance with the State's share of the total amount allotted 
        under paragraph (1) to such State.
            (4) Definitions.--For purposes of paragraph (2), the term 
        ``disadvantaged young adult or youth'' means an individual who 
        is not younger than 16 but is younger than 25 who received an 
        income, or is a member of a family that received a total family 
        income, that, in relation to family size, does not exceed the 
        higher of--
                    (A) the poverty line; or
                    (B) 70 percent of the lower living standard income 
                level.
    (d) State Plan Modification.--
            (1) In general.--For a State to be eligible to receive an 
        allotment of funds under subsection (c), the Governor of the 
        State shall submit to the Secretary of Labor a State plan 
        modification, or other State request for funds specified in 
        guidance under subsection (b), in such form and containing such 
        information as the Secretary may require. At a minimum, such 
        State plan modification or request shall include--
                    (A) a description of the strategies and activities 
                to be carried out to provide summer employment 
                opportunities and year-round employment opportunities, 
                including linkages to training and educational 
                activities, consistent with subsection (f);
                    (B) a description of the requirements the State 
                will apply relating to the eligibility of low-income 
                youth, consistent with section 5101(4), for summer 
                employment opportunities and year-round employment 
                opportunities, which requirements may include criteria 
                to target assistance to particular categories of such 
                low-income youth, such as youth with disabilities, 
                consistent with subsection (f);
                    (C) a description of the performance outcomes to be 
                achieved by the State through the activities carried 
                out under this section and the processes the State will 
                use to track performance, consistent with guidance 
                provided by the Secretary of Labor regarding such 
                outcomes and processes and with section 5104(b);
                    (D) a description of the timelines for 
                implementation of the strategies and activities 
                described in subparagraph (A), and the number of low-
                income youth expected to be placed in summer employment 
                opportunities, and year-round employment opportunities, 
                respectively, by quarter;
                    (E) assurances that the State will report such 
                information, relating to fiscal, performance, and other 
                matters, as the Secretary may require and as the 
                Secretary determines is necessary to effectively 
                monitor the activities carried out under this section;
                    (F) assurances that the State will ensure 
                compliance with the requirements, restrictions, labor 
                standards, and other provisions described in section 
                5104(a); and
                    (G) if a local board and chief elected official in 
                the State will provide employment opportunities with 
                the link to training and educational activities 
                described in subsection (f)(2)(B), a description of how 
                the training and educational activities will lead to 
                the industry-recognized credential involved.
            (2) Submission and approval of state plan modification or 
        request.--
                    (A) Submission.--The Governor shall submit the 
                State plan modification or other State request for 
                funds specified in guidance under subsection (b) to the 
                Secretary of Labor not later than 30 days after the 
                issuance of such guidance.
                    (B) Approval.--The Secretary of Labor shall approve 
                the State plan modification or request submitted under 
                subparagraph (A) within 30 days after submission, 
                unless the Secretary determines that the plan or 
                request is inconsistent with the requirements of this 
                section. If the Secretary has not made a determination 
                within that 30-day period, the plan or request shall be 
                considered to be approved. If the plan or request is 
                disapproved, the Secretary may provide a reasonable 
                period of time in which the plan or request may be 
                amended and resubmitted for approval. If the plan or 
                request is approved, the Secretary shall allot funds to 
                the State under subsection (c) within 30 days after 
                such approval.
            (3) Modifications to state plan or request.--The Governor 
        may submit further modifications to a State plan modification 
        or other State request for funds specified under subsection 
        (b), consistent with the requirements of this section.
    (e) Within-State Allocation and Administration.--
            (1) In general.--Of the funds allotted to the State under 
        subsection (c), the Governor--
                    (A) may reserve not more than 5 percent of the 
                funds for administration and technical assistance; and
                    (B) shall allocate the remainder of the funds among 
                local workforce investment areas within the State in 
                accordance with clauses (i) through (iii) of subsection 
                (c)(2)(B), except that for purposes of such allocation 
                references to a State in subsection (c)(2)(B) shall be 
                deemed to be references to a local workforce investment 
                area and references to all States shall be deemed to be 
                references to all local workforce investment areas in 
                the State involved.
            (2) Local plan.--
                    (A) Submission.--In order to receive an allocation 
                under paragraph (1)(B), the local workforce investment 
                board, in partnership with the chief elected official 
                for the local workforce investment area involved, shall 
                submit to the Governor a local plan modification, or 
                such other request for funds by local workforce 
                investment areas as may be specified in guidance under 
                subsection (b), not later than 30 days after the 
                submission by the State of the State plan modification 
                or other State request for funds specified in guidance 
                under subsection (b), describing the strategies and 
                activities to be carried out under this section.
                    (B) Approval.--The Governor shall approve the local 
                plan modification or other local request for funds 
                submitted under subparagraph (A) within 30 days after 
                submission, unless the Governor determines that the 
                plan or request is inconsistent with requirements of 
                this section. If the Governor has not made a 
                determination within that 30-day period, the plan shall 
                be considered to be approved. If the plan or request is 
                disapproved, the Governor may provide a reasonable 
                period of time in which the plan or request may be 
                amended and resubmitted for approval. If the plan or 
                request is approved, the Governor shall allocate funds 
                to the local workforce investment area within 30 days 
                after such approval.
            (3) Reallocation.--If a local workforce investment board 
        and chief elected official do not submit a local plan 
        modification (or other local request for funds specified in 
        guidance under subsection (b)) by the date specified in 
        paragraph (2), or the Governor disapproves a local plan, the 
        amount the local workforce investment area would have been 
        eligible to receive pursuant to the formula under paragraph 
        (1)(B) shall be allocated to local workforce investment areas 
        that receive approval of their local plan modifications or 
        local requests for funds under paragraph (2). Each such local 
        workforce investment area shall receive a share of the total 
        amount available for reallocation under this paragraph, in 
        accordance with the area's share of the total amount allocated 
        under paragraph (1)(B) to such local workforce investment 
        areas.
    (f) Use of Funds.--
            (1) In general.--The funds made available under this 
        section shall be used--
                    (A) to provide summer employment opportunities for 
                low-income youth, with direct linkages to academic and 
                occupational learning, and may be used to provide 
                supportive services, such as transportation or child 
                care, that is necessary to enable the participation of 
                such youth in the opportunities; and
                    (B) to provide year-round employment opportunities, 
                which may be combined with other activities authorized 
                under section 129 of the Workforce Investment Act of 
                1998 (29 U.S.C. 2854), to low-income youth.
            (2) Program priorities.--In administering the funds under 
        this section, the local board and chief elected official shall 
        give priority to--
                    (A) identifying employment opportunities that are--
                            (i) in emerging or in-demand occupations in 
                        the local workforce investment area; or
                            (ii) in the public or nonprofit sector and 
                        meet community needs; and
                    (B) linking participants in year-round employment 
                opportunities to training and educational activities 
                that will provide such participants an industry-
                recognized certificate or credential (referred to in 
                this title as an ``industry-recognized credential'').
            (3) Administration.--Not more than 5 percent of the funds 
        allocated to a local workforce investment area under this 
        section may be used for the costs of administration of this 
        section.
            (4) Performance accountability.--For activities funded 
        under this section, in lieu of meeting the requirements 
        described in section 136 of the Workforce Investment Act of 
        1998 (29 U.S.C. 2871), States and local workforce investment 
        areas shall provide such reports as the Secretary of Labor may 
        require regarding the performance outcomes described in section 
        5104(b)(5).

SEC. 5104. GENERAL REQUIREMENTS.

    (a) Labor Standards and Protections.--Activities provided with 
funds made available under this title shall be subject to the 
requirements and restrictions, including the labor standards, described 
in section 181 of the Workforce Investment Act of 1998 (29 U.S.C. 2931) 
and the nondiscrimination provisions of section 188 of such Act (29 
U.S.C. 2938), in addition to other applicable Federal laws.
    (b) Reporting.--The Secretary of Labor may require the reporting of 
information relating to fiscal, performance and other matters that the 
Secretary determines is necessary to effectively monitor the activities 
carried out with funds provided under this title. At a minimum, 
recipients of grants (including recipients of subgrants) under this 
title shall provide information relating to--
            (1) the number of individuals participating in activities 
        with funds provided under this title and the number of such 
        individuals who have completed such participation;
            (2) the expenditures of funds provided under this title;
            (3) the number of jobs created pursuant to the activities 
        carried out under this title;
            (4) the demographic characteristics of individuals 
        participating in activities under this title; and
            (5) the performance outcomes for individuals participating 
        in activities under this title, including--
                    (A) for low-income youth participating in summer 
                employment activities under section 5103, performance 
                on indicators consisting of--
                            (i) work readiness skill attainment using 
                        an employer validated checklist;
                            (ii) placement in or return to secondary or 
                        postsecondary education or training, or entry 
                        into unsubsidized employment; and
                    (B) for low-income youth participating in year-
                round employment activities under section 5103, 
                performance on indicators consisting of--
                            (i) placement in or return to postsecondary 
                        education;
                            (ii) attainment of a secondary school 
                        diploma or its recognized equivalent;
                            (iii) attainment of an industry-recognized 
                        credential; and
                            (iv) entry into, retention in, and earnings 
                        in, unsubsidized employment.
    (c) Activities Required To Be Additional.--Funds provided under 
this title shall only be used for activities that are in addition to 
activities that would otherwise be available in the State or local 
workforce investment area in the absence of such funds.
    (d) Additional Requirements.--The Secretary of Labor may establish 
such additional requirements as the Secretary determines may be 
necessary to ensure fiscal integrity, effective monitoring, and the 
appropriate and prompt implementation of the activities under this 
title.
    (e) Report of Information and Evaluations to Congress and the 
Public.--The Secretary of Labor shall provide to the appropriate 
committees of Congress and make available to the public the information 
reported pursuant to subsection (b).

SEC. 5105. VISA SURCHARGE.

    (a) Collection.--
            (1) In general.--Subject to paragraph (2), and in addition 
        to any fees otherwise imposed for such visas, the Secretary 
        shall collect a surcharge of $10 from an employer that submits 
        an application for--
                    (A) an employment-based visa under paragraph (3), 
                (4), (5), or (6) of section 203(b) of the Immigration 
                and Nationality Act (8 U.S.C. 1153(b)); and
                    (B) a nonimmigrant visa under subparagraph (C), 
                (H)(i)(b), (H)(i)(c), (H)(ii)(a), (H)(ii)(B), (O), (P), 
                (R), or (W) of section 101(a)(15) of such Act (8 U.S.C. 
                1101(a)(15)).
            (2) Expiration.--The Secretary shall suspend the collection 
        of the surcharge authorized under paragraph (1) on the date on 
        which the Secretary has collected a cumulative total of 
        $1,500,000,000 under this subsection.
    (b) Deposit.--All of the amounts collected under subsection (a)(1) 
shall be deposited in the general fund of the Treasury.

            Passed the Senate June 27, 2013.

            Attest:

                                                             Secretary.
113th CONGRESS

  1st Session

                                 S. 744

_______________________________________________________________________

                                 AN ACT

To provide for comprehensive immigration reform and for other purposes.
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