I 

116TH CONGRESS 

2D SESSION H. R. 8838 

To overhaul the legal immigration system, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 2, 2020 

Mr. KING of Iowa introduced the following bill; which was referred to the 

Committee on the Judiciary, and in addition to the Committees on Ways 

and Means, Foreign Affairs, and Education and Labor, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To overhaul the legal immigration system, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Legal Immigration for 

5 the U.S. Act’’. 


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1 TITLE I—LEGAL IMMIGRATION 

2 SEC. 101. WORLDWIDE LEVELS OF FAMILY-SPONSORED 

3 AND EMPLOYMENT-BASED IMMIGRANTS. 

4 (a) FAMILY-SPONSORED IMMIGRANTS.—Section 

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

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

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

8 IMMIGRANTS.—The worldwide level of family-sponsored 

9 immigrants is capped at 195,000 for each fiscal year.’’. 

10 (b) EMPLOYMENT-BASED IMMIGRANTS.—Section 

11 201(d) of the Immigration and Nationality Act (8 U.S.C. 

12 1151(d)) is amended to read as follows: 

13 ‘‘(c) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

14 IMMIGRANTS.—The worldwide level of employment-based 

15 immigrants is capped at 480,000 for each fiscal year.’’. 

16 SEC. 102. PARENTS OF CITIZENS. 

17 Section 201(b)(2)(A)(i) of the Immigration and Na18 tionality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended in 

19 the first sentence by striking the period at the end and 

20 inserting ‘‘and shall demonstrate that the parent has a 

21 financial or physical need to reside in the household of 

22 the citizen.’’. 


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1 SEC. 103. ELIMINATION OF DIVERSITY IMMIGRANT PRO2 GRAM. 

3 (a) WORLDWIDE LEVEL OF DIVERSITY IMMI4 GRANTS.—Section 201 of the Immigration and Nation5 ality Act (8 U.S.C. 1151) is amended— 

6 (1) in subsection (a)— 

7 (A) by inserting ‘‘and’’ at the end of para8 graph (1); 

9 (B) by striking ‘‘; and’’ at the end of para10 graph (2) and inserting a period; and 

11 (C) by striking paragraph (3); and 

12 (2) by striking subsection (e). 

13 (b) ALLOCATION OF DIVERSITY IMMIGRANT VISAS.— 

14 Section 203 of such Act (8 U.S.C. 1153) is amended— 

15 (1) by striking subsection (c); 

16 (2) in subsection (d), by striking ‘‘(a), (b), or 

17 (c),’’ and inserting ‘‘(a) or (b),’’; 

18 (3) in subsection (e), by striking paragraph (2) 

19 and redesignating paragraph (3) as paragraph (2); 

20 (4) in subsection (f), by striking ‘‘(a), (b), or 

21 (c)’’ and inserting ‘‘(a) or (b)’’; and 

22 (5) in subsection (g), by striking ‘‘(a), (b), and 

23 (c)’’ and inserting ‘‘(a) and (b)’’. 

24 (c) PROCEDURE FOR GRANTING IMMIGRANT STA25 TUS.—Section 204 of such Act (8 U.S.C. 1154) is amend26 ed— 


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1 (1) by striking subsection (a)(1)(I); and 

2 (2) in subsection (e), by striking ‘‘(a), (b), or 

3 (c)’’ and inserting ‘‘(a) or (b)’’. 

4 SEC. 104. ANNUAL ADMISSION OF REFUGEES AND ASYLEES. 

5 Section 207(a) of the Immigration and Nationality 

6 Act (8 U.S.C. 1157(a)) is amended by adding at the end 

7 the following: 

8 ‘‘(5) The number of refugees who may be admitted 

9 under this section, and the number of aliens granted asy10 lum whose status may be adjusted under section 209, may 

11 not exceed a total of 50,000 in any fiscal year after fiscal 

12 year 2020.’’. 

13 SEC. 105. ELIMINATION OF ADJUSTMENT OF STATUS EX14 CEPTION. 

15 Section 245(c) of the Immigration and Nationality 

16 Act (8 U.S.C. 1255(c)) is amended by striking ‘‘(other 

17 than an immediate relative as defined in section 201(b) 

18 or a special immigrant described in section 101(a)(27)(H), 

19 (I), (J), or (K))’’. 

20 SEC. 106. MERIT-BASED ALLOCATION OF EMPLOYMENT21 BASED IMMIGRANT VISAS. 

22 Section 203(b) of the Immigration and Nationality 

23 Act (8 U.S.C. 1153(b)) is amended by striking paragraph 

24 (1) and all that follows through the end and inserting the 

25 following: 


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1 ‘‘(1) IN GENERAL.—Visas made available under 

2 this subsection shall be awarded based on a 5-factor, 

3 100-point assessment. Applicants who score 67 and 

4 higher may qualify. Those who score lower than 67 

5 do not qualify, but can work on the requisite quali6 fications and try again. 

7 ‘‘(2) AWARDING OF POINTS.—Points are award8 ed as follows: 

9 ‘‘(A) English language skills (reading, 

10 writing, listening and speaking) (maximum 28 

11 points)—completed through an approved test 

12 administered by the Department of State. A 

13 maximum of 7 points each is allocated for each 

14 skill area. 

15 ‘‘(B) Education (maximum of 20 points). 

16 ‘‘(C) Work experience (maximum of 20 

17 points) for demonstrating substantive experi18 ence in a critical needs occupation in the econ19 omy of the United States, as determined by the 

20 Secretary of Labor under paragraph (3). 

21 ‘‘(D) Arranged employment in the United 

22 States (maximum of 10 points) for dem23 onstrating a job offer of at least 1 year from 

24 an employer in the United States in a critical 

25 needs occupation. 


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1 ‘‘(E) Adaptability (maximum of 10 points) 

2 for demonstrating, through use of the English 

3 language, past or present ties with the United 

4 States (such as a spouse, family, studies, work, 

5 arranged employment) that would enable an in6 dividual to assimilate well into life and work in 

7 the United States. 

8 ‘‘(F) Age-based points are assessed for age 

9 on the date that the petition for classification 

10 under section 204 is received, as follows: 

11 ‘‘(i) Zero points for aliens under 18 

12 years of age and over 46 years of age. 

13 ‘‘(ii) Twelve points for aliens 18 to 35 

14 years of age. 

15 ‘‘(iii) Eleven points for aliens 36 years 

16 of age. 

17 ‘‘(iv) Ten points for aliens 37 years of 

18 age. 

19 ‘‘(v) Nine points for aliens 38 years of 

20 age. 

21 ‘‘(vi) Eight points for aliens 39 years 

22 of age. 

23 ‘‘(vii) Seven points for aliens 40 years 

24 of age. 


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1 ‘‘(viii) Six points for aliens 41 years 

2 of age. 

3 ‘‘(ix) Five points for aliens 42 years 

4 of age. 

5 ‘‘(x) Four points for aliens 43 years 

6 of age. 

7 ‘‘(xi) Three points for aliens 44 years 

8 of age. 

9 ‘‘(xii) Two points for aliens 45 years 

10 of age. 

11 ‘‘(xiii) One point for aliens 46 years of 

12 age. 

13 ‘‘(3) DETERMINATION OF CRITICAL NEEDS.— 

14 The Secretary of Labor shall determine critical 

15 needs occupations by examining job openings, hires, 

16 and total separations by industry during each month 

17 in which an alien’s qualifications may be assessed.’’. 

18 SEC. 107. EFFECTIVE DATE. 

19 The amendments made by this title shall take effect 

20 on October 1, 2020. 

21 TITLE II—NATURALIZATION 

22 REFORM 

23 SEC. 201. GOOD MORAL CHARACTER. 

24 Section 101(f)(7) of the Immigration and Nationality 

25 Act (8 U.S.C. 1101(f)(7)) is amended to read as follows: 


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1 ‘‘(7) one who at any time is convicted of a 

2 crime for which the term of imprisonment is in ex3 cess of 180 days;’’. 

4 SEC. 202. ENGLISH AND CIVICS EXAMS. 

5 Section 312(a)(2) of the Immigration and Nationality 

6 Act (8 U.S.C. 1423(a)(2)) is amended by striking ‘‘United 

7 States.’’ and inserting ‘‘United States by means of suc8 cessful completion of an examination administered only in 

9 English.’’. 

10 SEC. 203. INVESTIGATION OF APPLICANTS. 

11 Section 335(a) of the Immigration and Nationality 

12 Act (8 U.S.C. 1446(a)) is amended by adding at the end 

13 the following: ‘‘Each applicant for naturalization shall 

14 have a background check interview conducted in 

15 English.’’. 

16 SEC. 204. MARRIED PERSONS. 

17 Section 319(a) of the Immigration and Nationality 

18 Act (8 U.S.C. 1430(a)) is amended by striking ‘‘for at 

19 least three’’ and inserting ‘‘for at least five’’. 

20 TITLE III—BIRTHRIGHT 

21 CITIZENSHIP ACT 

22 SEC. 301. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS 

23 BORN IN THE UNITED STATES. 

24 (a) IN GENERAL.—Section 301 of the Immigration 

25 and Nationality Act (8 U.S.C. 1401) is amended— 


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1 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

2 ‘‘The following’’; 

3 (2) by redesignating subsections (a) through (h) 

4 as paragraphs (1) through (8), respectively; and 

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

6 ‘‘(b) DEFINITION.—Acknowledging the right of birth7 right citizenship established by section 1 of the 14th 

8 amendment to the Constitution, a person born in the 

9 United States shall be considered ‘subject to the jurisdic10 tion’ of the United States for purposes of subsection (a)(1) 

11 if the person is born in the United States of parents, one 

12 of whom is— 

13 ‘‘(1) a citizen or national of the United States; 

14 ‘‘(2) an alien lawfully admitted for permanent 

15 residence in the United States whose residence is in 

16 the United States; or 

17 ‘‘(3) an alien performing active service in the 

18 armed forces (as defined in section 101 of title 10, 

19 United States Code).’’. 

20 (b) APPLICABILITY.—The amendment made by sub21 section (a)(3) shall not be construed to affect the citizen22 ship or nationality status of any person born before the 

23 date of the enactment of this Act. 


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1 TITLE IV—RELIGIOUS WORKER 

2 VISA RECIPROCITY ACT 

3 SEC. 401. REQUIRING RECIPROCAL IMMIGRATION TREAT4 MENT. 

5 Section 204(a)(1)(G) of the Immigration and Nation6 ality Act (8 U.S.C. 1154(a)(1)(G)) is amended by adding 

7 at the end the following: 

8 ‘‘(iii) Beginning on October 1, 2019, no petition may 

9 be approved for classification of an alien as a special immi10 grant under section 101(a)(27)(C) if the Secretary of 

11 Homeland Security has determined that the country of the 

12 alien’s nationality— 

13 ‘‘(I) is identified as a ‘Country of Particular 

14 Concern’ or a country where religious freedom is of 

15 significant interest in the 2013 International Reli16 gious Freedom Report; or 

17 ‘‘(II) does not extend reciprocal immigration 

18 treatment to nationals of the United States who are 

19 seeking resident status in order to work in a reli20 gious vocation or occupation.’’. 


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1 TITLE V—TERMINATE THE EB–5 

2 PROGRAM 

3 SEC. 501. TERMINATION OF EB–5 PROGRAM. 

4 (a) REPEAL OF PROVISIONS.—Effective on the date 

5 of the enactment of this Act, the following provisions are 

6 repealed: 

7 (1) Section 203(b)(5) of the Immigration and 

8 Nationality Act (8 U.S.C. 1153(b)(5)). 

9 (2) Section 204(a)(1)(H) of the Immigration 

10 and Nationality Act (8 U.S.C. 1154(a)(1)(H)). 

11 (3) Section 216A of the Immigration and Na12 tionality Act (8 U.S.C. 1186b). 

13 (4) Section 610 of the Departments of Com14 merce, Justice, and State, the Judiciary, and Re15 lated Agencies Appropriations Act, 1993 (8 U.S.C. 

16 1153 note). 

17 (b) APPLICABILITY.—Beginning on the date of the 

18 enactment of this Act, the Secretary of Homeland Secu19 rity— 

20 (1) shall cease to accept petitions and applica21 tions under any authority repealed under subsection 

22 (a); and 

23 (2) shall dismiss all pending petitions and appli24 cations described in paragraph (1). 


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1 TITLE VI—THE E-BONDING FOR 

2 IMMIGRATION INTEGRITY ACT 

3 SEC. 601. REQUIREMENT OF BOND. 

4 (a) BOND REQUIRED.—Prior to arriving at a port of 

5 entry of the United States, an alien seeking admission to 

6 the United States shall post a bond, in accordance with 

7 subsection (d), in an amount determined by the Secretary 

8 if such alien seeks admission to the United States as a 

9 nonimmigrant in a category— 

10 (1) described under subparagraph (B), (F), 

11 (H)(ii)(b), (H)(ii)(b), or (K) of section 101(a)(15) of 

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

13 1101(a)(15)); or 

14 (2) identified by the Secretary, in accordance 

15 with section 502, to have a visa overstay rate that 

16 is more than 1.5 percent. 

17 (b) AMOUNT OF BOND.—Not later than 1 year after 

18 the date of the enactment of this section, the Secretary 

19 shall, by rule, establish the amount of the bond required 

20 by subsection (a) for each visa category under subsection 

21 (a)(1) and each visa category identified by the Secretary 

22 under section 502, which amount shall— 

23 (1) be not less than $2,500 and not more than 

24 $10,000; and 


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1 (2) be determined based on the Secretary’s as2 sessment of the level of risk of visa overstays for 

3 that category. 

4 (c) ADJUSTMENT OF AMOUNT OF BOND.—On an an5 nual basis, the Secretary shall review, and, as appropriate, 

6 adjust the amounts of the bonds described in subsection 

7 (b). 

8 (d) PAYMENT OF BOND.—An alien required to post 

9 the bond under subsection (a) shall post such bond— 

10 (1) in electronic form; and 

11 (2) with a bonding agent designated by the Sec12 retary as qualified to hold such bond. 

13 (e) RELEASE OF BOND.—The Secretary shall author14 ize a bonding agent to release a bond— 

15 (1) to an alien required to post such bond— 

16 (A) after receiving a notification from the 

17 United States embassy or consulate in the 

18 alien’s country of origin that such alien de19 parted the United States and returned to such 

20 country of origin; or 

21 (B) if such alien changed or adjusted their 

22 status to an immigration status not required to 

23 post a bond under this section. 


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1 (2) to the E-bond Enforcement Fund under 

2 section 503 upon a determination by the Secretary 

3 that an alien— 

4 (A) overstayed their visa; or 

5 (B) did not return to their country of ori6 gin following the termination of their visa. 

7 (f) CHANGE OF STATUS.—An alien who has been ad8 mitted to the United States and who is required to post 

9 a bond under subsection (a) may be required to post an 

10 additional bond if such alien changes their status to that 

11 of a nonimmigrant in a category required to pay a higher 

12 bond under this section. 

13 (g) COLLECTION OF RECORDS RELATING TO

14 BONDS.—The United States Embassy or United States 

15 consular office in the alien’s country of origin shall collect 

16 any records necessary to carry out this section. 

17 (h) EFFECTIVE DATE.—This section shall take effect 

18 on the date that is 120 calendar days after the enactment 

19 of this Act. 

20 SEC. 602. VISA OVERSTAY RATE CATEGORIES. 

21 The Secretary shall identify— 

22 (1) the visa overstay rate for each category of 

23 nonimmigrant aliens described under section 

24 101(a)(15) of the Immigration and Nationality Act 

25 (8 U.S.C. 1101(a)(15)) in the previous year; and 


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1 (2) each category of nonimmigrant aliens de2 scribed under such section that had a visa overstay 

3 rate in the previous year that was more than 1.5 

4 percent. 

5 SEC. 603. E-BOND ENFORCEMENT FUND. 

6 (a) IN GENERAL.—There is established in the general 

7 fund of the Treasury a separate account, which shall be 

8 known as the ‘‘E-bond Enforcement Fund’’ (in this sub9 section referred to as the ‘‘Fund’’). 

10 (b) DEPOSITS.—There shall be deposited as offset11 ting receipts into the Fund all amounts released under 

12 section 501(e)(2) of this title. 

13 (c) USE OF AMOUNTS.—Amounts deposited into the 

14 Fund shall remain available until expended and shall be 

15 refunded out of the Fund by the Secretary of the Treas16 ury, to the Secretary of Homeland Security to— 

17 (1) ensure compliance with this title; and 

18 (2) administer enforcement programs. 

19 SEC. 604. REPORT. 

20 Not later than 120 days after the date of the enact21 ment of this Act, and each year thereafter, the Secretary 

22 shall submit to the committees of appropriate jurisdiction 

23 a report that includes— 

24 (1) the visa overstay rate for each category of 

25 nonimmigrant alien described under section 


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1 101(a)(15) of the Immigration and Nationality Act 

2 (8 U.S.C. 1101(a)(15)) in the previous year; 

3 (2) the categories that had a visa overstay rate 

4 in the previous year that was more than 1.5 percent, 

5 as determined by the Secretary in accordance with 

6 section 502; 

7 (3) the amounts of the bonds, as determined by 

8 the Secretary in accordance with section 501; 

9 (4) information relating to the Fund under sec10 tion 503; and 

11 (5) any other information determined appro12 priate by the Secretary. 

13 SEC. 605. DEFINITIONS. 

14 In this title: 

15 (1) COMMITTEES OF APPROPRIATE JURISDIC16 TION.—The term ‘‘committees of appropriate juris17 diction’’ means— 

18 (A) the Committee on the Judiciary of the 

19 House of Representatives; 

20 (B) the Committee on the Judiciary of the 

21 Senate; 

22 (C) the Committee on Homeland Security 

23 of the House of Representatives; and 

24 (D) the Committee on Homeland Security 

25 and Governmental Affairs of the Senate. 


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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Homeland Security, unless other3 wise provided. 

4 (3) VISA OVERSTAY RATE.—The term ‘‘visa 

5 overstay rate’’ means the ratio of, for each category 

6 of nonimmigrant aliens described in section 

7 101(a)(15) of the Immigration and Nationality Act 

8 (8 U.S.C. 1101 (a)(15))— 

9 (A) the number of aliens admitted to the 

10 United States for each such category whose pe11 riod of authorized stays ended during a fiscal 

12 year but who remained unlawfully in the United 

13 States beyond such period; to 

14 (B) the total number of aliens admitted to 

15 the United States for each such category during 

16 that fiscal year. 

17 TITLE VII—ENGLISH LANGUAGE 

18 UNITY ACT 

19 SEC. 701. FINDINGS. 

20 The Congress finds and declares the following: 

21 (1) The United States is comprised of individ22 uals from diverse ethnic, cultural, and linguistic 

23 backgrounds, and continues to benefit from this rich 

24 diversity. 


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1 (2) Throughout the history of the United 

2 States, the common thread binding individuals of 

3 differing backgrounds has been the English lan4 guage. 

5 (3) Among the powers reserved to the States 

6 respectively is the power to establish the English 

7 language as the official language of the respective 

8 States, and otherwise to promote the English lan9 guage within the respective States, subject to the 

10 prohibitions enumerated in the Constitution of the 

11 United States and in laws of the respective States. 

12 SEC. 702. ENGLISH AS OFFICIAL LANGUAGE OF THE 

13 UNITED STATES. 

14 (a) IN GENERAL.—Title 4, United States Code, is 

15 amended by adding at the end the following new chapter: 

16 ‘‘CHAPTER 6—OFFICIAL LANGUAGE 

17 ‘‘§ 161. Official language of the United States 

18 ‘‘The official language of the United States is 

19 English. 

20 ‘‘§ 162. Preserving and enhancing the role of the offi21 cial language 

22 ‘‘Representatives of the Federal Government shall 

23 have an affirmative obligation to preserve and enhance the 

24 role of English as the official language of the Federal Gov25 ernment. Such obligation shall include encouraging greatVerDate Sep 11 2014 00:14 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H8838.IH H8838

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1 er opportunities for individuals to learn the English lan2 guage. 

3 ‘‘§ 163. Official functions of Government to be con4 ducted in English 

5 ‘‘(a) OFFICIAL FUNCTIONS.—The official functions 

6 of the Government of the United States shall be conducted 

7 in English. 

8 ‘‘(b) SCOPE.—For the purposes of this section, the 

9 term ‘United States’ means the several States and the 

10 District of Columbia, and the term ‘official’ refers to any 

11 function that (i) binds the Government, (ii) is required 

12 by law, or (iii) is otherwise subject to scrutiny by either 

13 the press or the public. 

14 ‘‘(c) PRACTICAL EFFECT.—This section shall apply 

15 to all laws, public proceedings, regulations, publications, 

16 orders, actions, programs, and policies, but does not apply 

17 to— 

18 ‘‘(1) teaching of languages; 

19 ‘‘(2) requirements under the Individuals with 

20 Disabilities Education Act; 

21 ‘‘(3) actions, documents, or policies necessary 

22 for national security, international relations, trade, 

23 tourism, or commerce; 

24 ‘‘(4) actions or documents that protect the pub25 lic health and safety; 


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1 ‘‘(5) actions or documents that facilitate the ac2 tivities of the Bureau of the Census in compiling any 

3 census of population; 

4 ‘‘(6) actions that protect the rights of victims of 

5 crimes or criminal defendants; or 

6 ‘‘(7) using terms of art or phrases from lan7 guages other than English. 

8 ‘‘§ 164. Uniform English language rule for naturaliza9 tion 

10 ‘‘(a) UNIFORM LANGUAGE TESTING STANDARD.—All 

11 citizens should be able to read and understand generally 

12 the English language text of the Declaration of Independ13 ence, the Constitution, and the laws of the United States 

14 made in pursuance of the Constitution. 

15 ‘‘(b) CEREMONIES.—All naturalization ceremonies 

16 shall be conducted in English. 

17 ‘‘§ 165. Rules of construction 

18 ‘‘Nothing in this chapter shall be construed— 

19 ‘‘(1) to prohibit a Member of Congress or any 

20 officer or agent of the Federal Government, while 

21 performing official functions, from communicating 

22 unofficially through any medium with another per23 son in a language other than English (as long as of24 ficial functions are performed in English); 


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1 ‘‘(2) to limit the preservation or use of Native 

2 Alaskan or Native American languages (as defined 

3 in the Native American Languages Act); 

4 ‘‘(3) to disparage any language or to discourage 

5 any person from learning or using a language; or 

6 ‘‘(4) to be inconsistent with the Constitution of 

7 the United States. 

8 ‘‘§ 166. Standing 

9 ‘‘A person injured by a violation of this chapter may 

10 in a civil action (including an action under chapter 151 

11 of title 28) obtain appropriate relief.’’. 

12 (b) CLERICAL AMENDMENT.—The table of chapters 

13 at the beginning of title 4, United States Code, is amended 

14 by inserting after the item relating to chapter 5 the fol15 lowing new item: 

‘‘CHAPTER 6. OFFICIAL LANGUAGE’’. 

16 SEC. 703. GENERAL RULES OF CONSTRUCTION FOR 

17 ENGLISH LANGUAGE TEXTS OF THE LAWS OF 

18 THE UNITED STATES. 

19 (a) IN GENERAL.—Chapter 1 of title 1, United 

20 States Code, is amended by adding at the end the fol21 lowing new section: 

22 ‘‘§ 9. General rules of construction for laws of the 

23 United States 

24 ‘‘(a) English language requirements and workplace 

25 policies, whether in the public or private sector, shall be 


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1 presumptively consistent with the laws of the United 

2 States. 

3 ‘‘(b) Any ambiguity in the English language text of 

4 the laws of the United States shall be resolved, in accord5 ance with the last two articles of the Bill of Rights, not 

6 to deny or disparage rights retained by the people, and 

7 to reserve powers to the States respectively, or to the peo8 ple.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of chapter 1 of title 1, is amended by 

11 inserting after the item relating to section 8 the following 

12 new item: 

‘‘9. General rules of construction for laws of the United States.’’. 

13 SEC. 704. IMPLEMENTING REGULATIONS. 

14 The Secretary of Homeland Security shall, within 

15 180 days after the date of enactment of this Act, issue 

16 for public notice and comment a proposed rule for uniform 

17 testing English language ability of candidates for natu18 ralization, based upon the principles that— 

19 (1) all citizens should be able to read and un20 derstand generally the English language text of the 

21 Declaration of Independence, the Constitution, and 

22 the laws of the United States which are made in 

23 pursuance thereof; and 


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1 (2) any exceptions to this standard should be 

2 limited to extraordinary circumstances, such as asy3 lum. 

4 SEC. 705. EFFECTIVE DATE. 

5 The amendments made by sections 702 and 703 shall 

6 take effect on the date that is 180 days after the date 

7 of the enactment of this Act. 

8 TITLE VIII—EXPATRIATE 

9 TERRORIST ACT 

10 SEC. 801. LOSS OF NATIONALITY DUE TO SUPPORT OF TER11 RORISM. 

12 Section 349(a) of the Immigration and Nationality 

13 Act (8 U.S.C. 1481(a)) is amended to read as follows: 

14 ‘‘(a) IN GENERAL.—A person who is a national of 

15 the United States whether by birth or naturalization, shall 

16 lose his or her nationality by voluntarily performing any 

17 of the following acts with the intention of relinquishing 

18 United States nationality: 

19 ‘‘(1) Obtaining naturalization in a foreign state 

20 upon his or her own application or upon an applica21 tion filed by a duly authorized agent, after having 

22 attained 18 years of age. 

23 ‘‘(2) Taking an oath or making an affirmation 

24 or other formal declaration of allegiance to a foreign 

25 state, a political subdivision thereof, or a foreign terVerDate Sep 11 2014 00:14 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H8838.IH H8838

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1 rorist organization designated under section 219, 

2 after having attained 18 years of age. 

3 ‘‘(3) Entering, or serving in, the armed forces 

4 of a foreign state or a foreign terrorist organization 

5 designated under section 219 if— 

6 ‘‘(A) such armed forces are engaged in 

7 hostilities against the United States; or 

8 ‘‘(B) such persons serve as a commissioned 

9 or noncommissioned officer. 

10 ‘‘(4) Becoming a member of, or providing train11 ing or material assistance to, any foreign terrorist 

12 organization designated under section 219. 

13 ‘‘(5) Accepting, serving in, or performing the 

14 duties of any office, post, or employment under the 

15 government of a foreign state, a political subdivision 

16 thereof, or a foreign terrorist organization des17 ignated under section 219 if— 

18 ‘‘(A) the person knowingly has or acquires 

19 the nationality of such foreign state; or 

20 ‘‘(B) an oath, affirmation, or declaration 

21 of allegiance to the foreign state, political sub22 division, or designated foreign terrorist organi23 zation is required for such office, post, or em24 ployment. 


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1 ‘‘(6) Making a formal renunciation of United 

2 States nationality before a diplomatic or consular of3 ficer of the United States in a foreign state, in such 

4 form as may be prescribed by the Secretary of State. 

5 ‘‘(7) Making in the United States a formal 

6 written renunciation of nationality in such form as 

7 may be prescribed by, and before such officer as 

8 may be designated by, the Attorney General, when9 ever the United States shall be in a state of war and 

10 the Attorney General shall approve such renunci11 ation as not contrary to the interests of national de12 fense. 

13 ‘‘(8)(A) Committing any act of treason against, 

14 or attempting by force to overthrow, or bearing arms 

15 against, the United States; 

16 ‘‘(B) violating or conspiring to violate any of 

17 the provisions of section 2383 of title 18, United 

18 States Code; 

19 ‘‘(C) willfully performing any act in violation of 

20 section 2385 of title 18, United States Code; or 

21 ‘‘(D) violating section 2384 of such title by en22 gaging in a conspiracy to overthrow, put down, or to 

23 destroy by force the Government of the United 

24 States, or to levy war against them, 


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1 if and when such person is convicted thereof by a 

2 court martial or by a court of competent jurisdic3 tion.’’. 

4 SEC. 802. REVOCATION OR DENIAL OF PASSPORTS AND 

5 PASSPORT CARDS TO INDIVIDUALS WHO ARE 

6 MEMBERS OF FOREIGN TERRORIST ORGANI7 ZATIONS. 

8 The Act entitled ‘‘An Act to regulate the issue and 

9 validity of passports, and for other purposes’’, approved 

10 July 3, 1926 (22 U.S.C. 211a et seq.), which is commonly 

11 known as the ‘‘Passport Act of 1926’’, is amended by add12 ing at the end the following: 

13 ‘‘SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT AND 

14 PASSPORT CARD. 

15 ‘‘(a) INELIGIBILITY.— 

16 ‘‘(1) ISSUANCE.—The Secretary of State shall 

17 not issue a passport or passport card to any indi18 vidual whom the Secretary has determined is a 

19 member, or is attempting to become a member, of 

20 an organization the Secretary has designated as a 

21 foreign terrorist organization pursuant to section 

22 219 of the Immigration and Nationality Act (8 

23 U.S.C. 1189). 


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1 ‘‘(2) REVOCATION.—The Secretary of State 

2 shall revoke a passport or passport card previously 

3 issued to any individual described in paragraph (1). 

4 ‘‘(b) RIGHT OF REVIEW.—Any person who, in ac5 cordance with this section, is denied issuance of a passport 

6 or passport card by the Secretary of State, or whose pass7 port or passport card is revoked or otherwise restricted 

8 by the Secretary of State, may request a due process hear9 ing not later than 60 days after receiving such notice of 

10 the nonissuance, revocation, or restriction.’’. 

11 TITLE IX—NO DEDUCTION OF 

12 WAGES PAID TO UNAUTHOR13 IZED ALIENS 

14 SEC. 901. CLARIFICATION THAT WAGES PAID TO UNAU15 THORIZED ALIENS MAY NOT BE DEDUCTED 

16 FROM GROSS INCOME. 

17 (a) IN GENERAL.—Subsection (c) of section 162 of 

18 the Internal Revenue Code of 1986 (relating to illegal 

19 bribes, kickbacks, and other payments) is amended by 

20 adding at the end the following new paragraph: 

21 ‘‘(4) WAGES PAID TO OR ON BEHALF OF UNAU22 THORIZED ALIENS.— 

23 ‘‘(A) IN GENERAL.—No deduction shall be 

24 allowed under subsection (a) for any wage paid 

25 to or on behalf of an unauthorized alien, as deVerDate Sep 11 2014 00:14 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H8838.IH H8838

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1 fined under section 274A(h)(3) of the Immigra2 tion and Nationality Act (8 U.S.C. 

3 1324a(h)(3)). 

4 ‘‘(B) WAGES.—For the purposes of this 

5 paragraph, the term ‘wages’ means all remu6 neration for employment, including the cash 

7 value of all remuneration (including benefits) 

8 paid in any medium other than cash. 

9 ‘‘(C) SAFE HARBOR.—If a person or other 

10 entity is participating in the E–Verify Program 

11 described in section 403(a) of the Illegal Immi12 gration Reform and Immigrant Responsibility 

13 Act of 1996 (8 U.S.C. 1324a note) and obtains 

14 confirmation of identity and employment eligi15 bility in compliance with the terms and condi16 tions of the program with respect to the hiring 

17 (or recruitment or referral) of an employee, 

18 subparagraph (A) shall not apply with respect 

19 to wages paid to such employee. 

20 ‘‘(D) BURDEN OF PROOF.—In the case of 

21 any examination of a return in connection with 

22 a deduction under this section by reason of this 

23 paragraph, the Secretary shall bear the burden 

24 of proving that wages were paid to or on behalf 

25 of an unauthorized alien. 


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1 ‘‘(E) LIMITATION ON TAXPAYER AUDIT.— 

2 The Secretary may not commence an audit or 

3 other investigation of a taxpayer solely on the 

4 basis of a deduction taken under this section by 

5 reason of this paragraph.’’. 

6 (b) SIX-YEAR LIMITATION ON ASSESSMENT AND

7 COLLECTION.—Subsection (c) of section 6501 of the In8 ternal Revenue Code of 1986 (relating to exceptions) is 

9 amended by adding at the end the following new para10 graph: 

11 ‘‘(12) DEDUCTION CLAIMED FOR WAGES PAID

12 TO UNAUTHORIZED ALIENS.—In the case of a return 

13 of tax on which a deduction is shown in violation of 

14 section 162(c)(4), any tax under chapter 1 may be 

15 assessed, or a proceeding in court for the collection 

16 of such tax may be begun without assessment, at 

17 any time within 6 years after the return was filed.’’. 

18 (c) USE OF DOCUMENTATION FOR ENFORCEMENT

19 PURPOSES.—Section 274A of the Immigration and Na20 tionality Act (8 U.S.C. 1324a) is amended— 

21 (1) in subparagraph (b)(5), by inserting ‘‘, sec22 tion 162(c)(4) of the Internal Revenue Code of 

23 1986,’’ after ‘‘enforcement of this Act’’; 


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1 (2) in subparagraph (d)(2)(F), by inserting ‘‘, 

2 section 162(c)(4) of the Internal Revenue Code of 

3 1986,’’ after ‘‘enforcement of this Act’’; and 

4 (3) in subparagraph (d)(2)(G), by inserting 

5 ‘‘section 162(c)(4) of the Internal Revenue Code of 

6 1986 or’’ after ‘‘or enforcement of’’. 

7 (d) AVAILABILITY OF INFORMATION.— 

8 (1) IN GENERAL.—The Commissioner of Social 

9 Security, the Secretary of the Department of Home10 land Security, and the Secretary of the Treasury, 

11 shall jointly establish a program to share informa12 tion among such agencies that may or could lead to 

13 the identification of unauthorized aliens (as defined 

14 under section 274A(h)(3) of the Immigration and 

15 Nationality Act), including any no-match letter, any 

16 information in the earnings suspense file, and any 

17 information in the investigation and enforcement of 

18 section 162(c)(4) of the Internal Revenue Code of 

19 1986. 

20 (2) DISCLOSURE BY SECRETARY OF THE

21 TREASURY.— 

22 (A) IN GENERAL.—Subsection (i) of sec23 tion 6103 of the Internal Revenue Code of 1986 

24 is amended by adding at the end the following 

25 new paragraph: 


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1 ‘‘(9) PAYMENT OF WAGES TO UNAUTHORIZED

2 ALIENS.—Upon request from the Commissioner of 

3 the Social Security Administration or the Secretary 

4 of the Department of Homeland Security, the Sec5 retary shall disclose to officers and employees of 

6 such Administration or Department— 

7 ‘‘(A) taxpayer identity information of em8 ployers who paid wages with respect to which a 

9 deduction was not allowed by reason of section 

10 162(c)(4), and 

11 ‘‘(B) taxpayer identity information of indi12 viduals to whom such wages were paid, 

13 for purposes of carrying out any enforcement activi14 ties of such Administration or Department with re15 spect to such employers or individuals.’’. 

16 (B) RECORDKEEPING.—Paragraph (4) of 

17 section 6103(p) of such Code is amended— 

18 (i) by striking ‘‘(5), or (7)’’ in the 

19 matter preceding subparagraph (A) and in20 serting ‘‘(5), (7), or (9)’’; and 

21 (ii) by striking ‘‘(5) or (7)’’ in sub22 paragraph (F)(ii) and inserting ‘‘(5), (7), 

23 or (9)’’. 

24 (e) EFFECTIVE DATE.— 


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1 (1) Except as provided in paragraph (2), this 

2 Act and the amendments made by this Act shall 

3 take effect on the date of the enactment of this Act. 

4 (2) The amendments made by subsections (a) 

5 and (b) shall apply to taxable years beginning after 

6 December 31, 2020. 

7 SEC. 902. MODIFICATION OF E–VERIFY PROGRAM. 

8 (a) MAKING PERMANENT.—Subsection (b) of section 

9 401 of the Illegal Immigration Reform and Immigrant Re10 sponsibility Act of 1996 (8 U.S.C. 1324a note) is amended 

11 by striking the last sentence. 

12 (b) APPLICATION TO CURRENT EMPLOYEES.— 

13 (1) VOLUNTARY ELECTION.—The first sentence 

14 of section 402(a) of such Act is amended to read as 

15 follows: ‘‘Any person or other entity that conducts 

16 any hiring (or recruitment or referral) in a State or 

17 employs any individuals in a State may elect to par18 ticipate in the E–Verify Program.’’. 

19 (2) BENEFIT OF REBUTTABLE PRESUMP20 TION.—Paragraph (1) of section 402(b) of such Act 

21 is amended by adding at the end the following: ‘‘If 

22 a person or other entity is participating in the E– 

23 Verify Program and obtains confirmation of identity 

24 and employment eligibility in compliance with the 

25 terms and conditions of the program with respect to 


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1 individuals employed by the person or entity, the 

2 person or entity has established a rebuttable pre3 sumption that the person or entity has not violated 

4 section 274A(a)(2) with respect to such individ5 uals.’’. 

6 (3) SCOPE OF ELECTION.—Subparagraph (A) 

7 of section 402(c)(2) of such Act is amended to read 

8 as follows: 

9 ‘‘(A) IN GENERAL.—Any electing person or 

10 other entity may provide that the election under 

11 subsection (a) shall apply (during the period in 

12 which the election is in effect)— 

13 ‘‘(i) to all its hiring (and all recruit14 ment or referral); 

15 ‘‘(ii) to all its hiring (and all recruit16 ment or referral and all individuals em17 ployed by the person or entity); 

18 ‘‘(iii) to all its hiring (and all recruit19 ment or referral) in one or more States or 

20 one or more places of hiring (or recruit21 ment or referral, as the case may be); or 

22 ‘‘(iv) to all its hiring (and all recruit23 ment or referral and all individuals em24 ployed by the person or entity) in one or 

25 more States or one or more place of hiring 


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1 (or recruitment or referral or employment, 

2 as the case may be).’’. 

3 (4) PROCEDURES FOR PARTICIPANTS IN E– 

4 VERIFY PROGRAM.—Subsection (a) of section 403 of 

5 such Act is amended— 

6 (A) in the matter preceding paragraph (1), 

7 by inserting ‘‘or continued employment in the 

8 United States’’ after ‘‘United States’’; and 

9 (B) in paragraph (3)— 

10 (i) in subparagraph (A), by striking 

11 all that follows ‘‘(as specified by the Sec12 retary of Homeland Security)’’ and insert13 ing ‘‘after the date of the hiring, or re14 cruitment or referral, in the case of inquir15 ies made pursuant to a hiring, recruitment 

16 or referral (and not of previously hired in17 dividuals).’’; and 

18 (ii) in subparagraph (B), by striking 

19 ‘‘such 3 working days’’ and inserting ‘‘the 

20 specified period’’. 

21 (c) APPLICATION TO JOB APPLICANTS.—Section 

22 402(c)(2) of such Act is amended by adding at the end 

23 the following: 

24 ‘‘(C) JOB OFFER MAY BE MADE CONDI25 TIONAL ON FINAL CONFIRMATION BY E– 


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1 VERIFY.—A person or other entity that elects to 

2 participate in the E–Verify Program may offer 

3 a prospective employee an employment position 

4 conditioned on final verification of the identity 

5 and employment eligibility of the employee 

6 using the employment eligibility confirmation 

7 system established under section 404.’’. 

Æ 


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