I 

109TH CONGRESS 

1ST SESSION H. R. 2330 

To improve border security and immigration. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 12, 2005 

Mr. KOLBE (for himself, Mr. FLAKE, Mr. GUTIERREZ, Mr. LINCOLN DIAZBALART of Florida, Mr. MARIO DIAZ-BALART of Florida, Mrs. 

NAPOLITANO, and Mr. PASTOR) introduced the following bill; which was 

referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, International Relations, Energy and Commerce, and Education and the Workforce, 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 improve border security and immigration. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Secure America and Orderly Immigration Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 
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TITLE I—BORDER SECURITY 

Sec. 101. Definitions. 

SUBTITLE A—BORDER SECURITY STRATEGIC PLANNING

Sec. 111. National Strategy for Border Security. 

Sec. 112. Reports to Congress. 

Sec. 113. Authorization of appropriations. 

SUBTITLE B—BORDER INFRASTRUCTURE, TECHNOLOGY INTEGRATION, AND

SECURITY ENHANCEMENT

Sec. 121. Border security coordination plan. 

Sec. 122. Border security advisory committee. 

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

Sec. 124. Combating human smuggling. 

Sec. 125. Savings clause. 

SUBTITLE C—INTERNATIONAL BORDER ENFORCEMENT

Sec. 131. North American Security Initiative. 

Sec. 132. Information sharing agreements. 

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

TITLE II—STATE CRIMINAL ALIEN ASSISTANCE 

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

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

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

TITLE III—ESSENTIAL WORKER VISA PROGRAM 

Sec. 301. Essential workers. 

Sec. 302. Admission of essential workers. 

Sec. 303. Employer obligations. 

Sec. 304. Protection for workers. 

Sec. 305. Market-based numerical limitations. 

Sec. 306. Adjustment to lawful permanent resident status. 

Sec. 307. Essential Worker Visa Program Task Force. 

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

Sec. 309. Authorization of appropriations. 

TITLE IV—ENFORCEMENT 

Sec. 401. Document and visa requirements. 

Sec. 402. Employment Eligibility Confirmation System. 

Sec. 403. Improved entry and exit data system. 

Sec. 404. Department of labor investigative authorities. 

Sec. 405. Protection of employment rights. 

Sec. 406. Increased fines for prohibited behavior. 

TITLE V—PROMOTING CIRCULAR MIGRATION PATTERNS 

Sec. 501. Labor migration facilitation programs. 

Sec. 502. Bilateral efforts with Mexico to reduce migration pressures and costs. 
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TITLE VI—FAMILY UNITY AND BACKLOG REDUCTION 

Sec. 601. Elimination of existing backlogs. 

Sec. 602. Country limits. 

Sec. 603. Allocation of immigrant visas. 

Sec. 604. Relief for children and widows. 

Sec. 605. Amending the affidavit of support requirements. 

Sec. 606. Discretionary authority. 

Sec. 607. Family unity. 

TITLE VII—H–5B NONIMMIGRANTS 

Sec. 701. H–5B nonimmigrants. 

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

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

Sec. 704. Employer protections. 

Sec. 705. Authorization of appropriations. 

TITLE VIII—PROTECTION AGAINST IMMIGRATION FRAUD 

Sec. 801. Right to qualified representation. 

Sec. 802. Protection of witness testimony. 

TITLE IX—CIVICS INTEGRATION 

Sec. 901. Funding for the Office of Citizenship. 

Sec. 902. Civics integration grant program. 

TITLE X—PROMOTING ACCESS TO HEALTH CARE 

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

undocumented aliens. 

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

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

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

TITLE XI—MISCELLANEOUS 

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

Sec. 1102. H–5 nonimmigrant petitioner account. 

Sec. 1103. Anti-discrimination protections. 

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

Sec. 1105. Expansion of S visa. 

Sec. 1106. Volunteers. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) The Government of the United States has 

4 an obligation to its citizens to secure its borders and 

5 ensure the rule of law in its communities. 
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1 (2) The Government of the United States must 

2 strengthen international border security efforts by 

3 dedicating adequate and significant resources for 

4 technology, personnel, and training for border region 

5 enforcement. 

6 (3) Federal immigration policies must adhere to 

7 the United States tradition as a nation of immi8 grants and reaffirm this Nation’s commitment to 

9 family unity, economic opportunity, and humane 

10 treatment. 

11 (4) Immigrants have contributed significantly 

12 to the strength and economic prosperity of the 

13 United States and action must be taken to ensure 

14 their fair treatment by employers and protection 

15 against fraud and abuse. 

16 (5) Current immigration laws and the enforce17 ment of such laws are ineffective and do not serve 

18 the people of the United States, the national security 

19 interests of the United States, or the economic pros20 perity of the United States. 

21 (6) The United States cannot effectively carry 

22 out its national security policies unless the United 

23 States identifies undocumented immigrants and en24 courages them to come forward and participate le25 gally in the economy of the United States. 
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1 (7) Illegal immigration fosters other illegal ac2 tivity, including human smuggling, trafficking, and 

3 document fraud, all of which undermine the national 

4 security interests of the United States. 

5 (8) Illegal immigration burdens States and local 

6 communities with hundreds of millions of dollars in 

7 uncompensated expenses for law enforcement, health 

8 care, and other essential services. 

9 (9) Illegal immigration creates an underclass of 

10 workers who are vulnerable to fraud and exploi11 tation. 

12 (10) Fixing the broken immigration system re13 quires a comprehensive approach that provides for 

14 adequate legal channels for immigration and strong 

15 enforcement of immigration laws which will serve the 

16 economic, social, and security interests of the United 

17 States. 

18 (11) Foreign governments, particularly those 

19 that share an international border with the United 

20 States, must play a critical role in securing inter21 national borders and deterring illegal entry of for22 eign nationals into the United States. 

23 (12) Federal immigration policy should foster 

24 economic growth by allowing willing workers to be 
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1 matched with willing employers when no United 

2 States worker is available to take a job. 

3 (13) Immigration reform is a key component to 

4 achieving effective enforcement and will allow for the 

5 best use of security and enforcement resources to be 

6 focused on the greatest risks. 

7 (14) Comprehensive immigration reform and 

8 strong enforcement of immigration laws will encour9 age legal immigration, deter illegal immigration, and 

10 promote the economic and national security interests 

11 of the United States. 

12 TITLE I—BORDER SECURITY 

13 SEC. 101. DEFINITIONS. 

14 In this title: 

15 (1) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—The term ‘‘appropriate congressional com17 mittees’’ means— 

18 (A) the Committee on Homeland Security 

19 and Governmental Affairs of the Senate; 

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 the Judiciary of the 

25 House of Representatives. 
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1 (2) INTERNATIONAL BORDER OF THE UNITED

2 STATES.—The term ‘‘international border of the 

3 United States’’ means the international border be4 tween the United States and Canada and the inter5 national border between the United States and Mex6 ico, including points of entry along such inter7 national borders. 

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

9 the term ‘‘Secretary’’ means the Secretary of Home10 land Security. 

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

12 means a security plan developed as part of the Na13 tional Strategy for Border Security set forth under 

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

15 offices of the Bureau of Customs and Border Pro16 tection of the Department of Homeland Security 

17 that has responsibility for the security of any portion 

18 of the international border of the United States. 

19 Subtitle A—Border Security 

20 Strategic Planning 

21 SEC. 111. NATIONAL STRATEGY FOR BORDER SECURITY. 

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

23 homeland security planning efforts, the Secretary shall de24 velop, implement, and update, as needed, a National 

25 Strategy for Border Security that includes a security plan 
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1 for the Border Patrol and the field offices of the Bureau 

2 of Customs and Border Protection of the Department of 

3 Homeland Security that has responsibility for the security 

4 of any portion of the international border of the United 

5 States. 

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

7 Security shall include— 

8 (1) the identification and evaluation of the 

9 points of entry and all portions of the international 

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

11 national security and enforcement, must be pro12 tected from illegal transit; 

13 (2) a description of the most appropriate, prac14 tical, and cost-effective means of defending the inter15 national border of the United States against threats 

16 to security and illegal transit, including intelligence 

17 capacities, technology, equipment, personnel, and 

18 training needed to address security vulnerabilities 

19 within the United States for the Border Patrol and 

20 the field offices of the Bureau of Customs and Bor21 der Protection that have responsibility for any por22 tion of the international border of the United States; 

23 (3) risk-based priorities for assuring border se24 curity and realistic deadlines for addressing security 
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1 and enforcement needs identified in paragraphs (1) 

2 and (2); 

3 (4) a strategic plan that sets out agreed upon 

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

5 and tribal authorities, including appropriate coordi6 nation among such authorities, to enable security en7 forcement and border lands management to be car8 ried out in an efficient and effective manner; 

9 (5) a prioritization of research and development 

10 objectives to enhance the security of the inter11 national border of the United States and enforce12 ment needs to promote such security consistent with 

13 the provisions of subtitle B; 

14 (6) an update of the 2001 Port of Entry Infra15 structure Assessment Study conducted by the 

16 United States Customs Service, in consultation with 

17 the General Services Administration; 

18 (7) strategic interior enforcement coordination 

19 plans with personnel of Immigration and Customs 

20 Enforcement; 

21 (8) strategic enforcement coordination plans 

22 with overseas personnel of the Department of Home23 land Security and the Department of State to end 

24 human smuggling and trafficking activities; 
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1 (9) any other infrastructure or security plan or 

2 report that the Secretary determines appropriate for 

3 inclusion; 

4 (10) the identification of low-risk travelers and 

5 how such identification would facilitate cross-border 

6 travel; and 

7 (11) ways to ensure that the trade and com8 merce of the United States is not diminished by ef9 forts, activities, and programs aimed at securing the 

10 homeland. 

11 (c) PRIORITY OF NATIONAL STRATEGY.—The Na12 tional Strategy for Border Security shall be the governing 

13 document for Federal security and enforcement efforts re14 lated to securing the international border of the United 

15 States. 

16 SEC. 112. REPORTS TO CONGRESS. 

17 (a) NATIONAL STRATEGY.— 

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

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

20 Secretary shall submit the National Strategy for 

21 Border Security, including each security plan, to the 

22 appropriate congressional committees. Such plans 

23 shall include estimated costs of implementation and 

24 training from a fiscal and personnel perspective and 
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1 a cost-benefit analysis of any technological security 

2 implementations. 

3 (2) SUBSEQUENT SUBMISSIONS.—After the 

4 submission required under paragraph (1), the Sec5 retary shall submit to the appropriate congressional 

6 committees any revisions to the National Strategy 

7 for Border Security, including any revisions to a se8 curity plan, not less frequently than April 1 of each 

9 odd-numbered year. The plan shall include estimated 

10 costs for implementation and training and a cost11 benefit analysis of technological security implemen12 tations that take place during the time frame under 

13 evaluation. 

14 (b) PERIODIC PROGRESS REPORTS.— 

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

16 in conjunction with the submission of the budget to 

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

18 States Code, the Secretary shall submit to the ap19 propriate congressional committees an assessment of 

20 the progress made on implementing the National 

21 Strategy for Border Security, including each security 

22 plan. 

23 (2) CONTENT.—Each progress report submitted 

24 under this subsection shall include any recommenda25 tions for improving and implementing the National 
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1 Strategy for Border Security, including any rec2 ommendations for improving and implementing a se3 curity plan. 

4 (c) CLASSIFIED MATERIAL.— 

5 (1) IN GENERAL.—Any material included in the 

6 National Strategy for Border Security, including 

7 each security plan, that includes information that is 

8 properly classified under criteria established by Ex9 ecutive order shall be submitted to the appropriate 

10 congressional committees in a classified form. 

11 (2) UNCLASSIFIED VERSION.—As appropriate, 

12 an unclassified version of the material described in 

13 paragraph (1) shall be provided to the appropriate 

14 congressional committees. 

15 SEC. 113. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated to the Sec17 retary such sums as may be necessary to carry out this 

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

19 fiscal year after the fiscal year in which this Act was en20 acted. 
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1 Subtitle B—Border Infrastructure, 

2 Technology Integration, and Se3 curity Enhancement 

4 SEC. 121. BORDER SECURITY COORDINATION PLAN. 

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

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

7 enforcement, emergency response, and security-related re8 sponsibilities with regard to the international border of the 

9 United States to develop and implement a plan to ensure 

10 that the security of such international border is not com11 promised— 

12 (1) when the jurisdiction for providing such se13 curity changes from one such authority to another 

14 such authority; 

15 (2) in areas where such jurisdiction is shared 

16 by more than one such authority; or 

17 (3) by one such authority relinquishing such ju18 risdiction to another such authority pursuant to a 

19 memorandum of understanding. 

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

21 the Secretary shall consider methods to— 

22 (1) coordinate emergency responses; 

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

24 technology among the appropriate agencies; 
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1 (3) promote research and development relating 

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

3 and 

4 (4) combine personnel and resource assets when 

5 practicable. 

6 (c) REPORT.—Not later than 1 year after imple7 menting the plan developed under subsection (a), the Sec8 retary shall transmit a report to the appropriate congres9 sional committees on the development and implementation 

10 of such plan. 

11 SEC. 122. BORDER SECURITY ADVISORY COMMITTEE. 

12 (a) ESTABLISHMENT.—The Secretary is authorized 

13 to establish a Border Security Advisory Committee (re14 ferred to in this section as the ‘‘Advisory Committee’’) to 

15 provide advice and recommendations to the Secretary on 

16 border security and enforcement issues. 

17 (b) COMPOSITION.— 

18 (1) IN GENERAL.—The members of the Advi19 sory Committee shall be appointed by the Secretary 

20 and shall include representatives of— 

21 (A) States that are adjacent to the inter22 national border of the United States; 

23 (B) local law enforcement agencies; com24 munity officials, and tribal authorities of such 

25 States; and 
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1 (C) other interested parties. 

2 (2) MEMBERSHIP.—The Advisory Committee 

3 shall be comprised of members who represent a 

4 broad cross section of perspectives. 

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

6 BORDER SECURITY. 

7 (a) AERIAL SURVEILLANCE TECHNOLOGIES PRO8 GRAM.— 

9 (1) IN GENERAL.—In conjunction with the bor10 der surveillance plan developed under section 5201 

11 of the Intelligence Reform and Terrorism Prevention 

12 Act of 2004 (Public Law 108–458), the Secretary, 

13 not later than 60 days after the date of enactment 

14 of this Act, shall develop and implement a program 

15 to fully integrate aerial surveillance technologies to 

16 enhance the border security of the United States. 

17 (2) ASSESSMENT AND CONSULTATION REQUIRE18 MENTS.—In developing the program under this sub19 section, the Secretary shall— 

20 (A) consider current and proposed aerial 

21 surveillance technologies; 

22 (B) assess the feasibility and advisability 

23 of utilizing such technologies to address border 

24 threats, including an assessment of the tech-
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1 nologies considered best suited to address re2 spective threats; 

3 (C) consult with the Secretary of Defense 

4 regarding any technologies or equipment, which 

5 the Secretary may deploy along the inter6 national border of the United States; and 

7 (D) consult with the Administrator of the 

8 Federal Aviation Administration regarding safe9 ty, airspace coordination and regulation, and 

10 any other issues necessary for implementation 

11 of the program. 

12 (3) ADDITIONAL REQUIREMENTS.— 

13 (A) IN GENERAL.—The program developed 

14 under this subsection shall include the utiliza15 tion of a variety of aerial surveillance tech16 nologies in a variety of topographies and areas, 

17 including populated and unpopulated areas lo18 cated on or near the international border of the 

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

20 of circumstances— 

21 (i) the significance of previous experi22 ences with such technologies in border se23 curity or critical infrastructure protection; 

24 (ii) the cost and effectiveness of var25 ious technologies for border security, in-
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1 cluding varying levels of technical com2 plexity; and 

3 (iii) liability, safety, and privacy con4 cerns relating to the utilization of such 

5 technologies for border security. 

6 (B) USE OF UNMANNED AERIAL VEHI7 CLES.—The aerial surveillance technologies uti8 lized in the program shall include unmanned 

9 aerial vehicles. 

10 (4) CONTINUED USE OF AERIAL SURVEILLANCE

11 TECHNOLOGIES.—The Secretary may continue the 

12 operation of aerial surveillance technologies while as13 sessing the effectiveness of their utilization and until 

14 such time the Secretary determines appropriate. 

15 (5) REPORT.— 

16 (A) REQUIREMENT.—Not later than 1 

17 year after implementing the program under this 

18 subsection, the Secretary shall submit a report 

19 on such program to the appropriate congres20 sional committees. 

21 (B) CONTENT.—The Secretary shall in22 clude in the report required by subparagraph 

23 (A) a description of the program together with 

24 such recommendations as the Secretary finds 

25 appropriate for enhancing the program. 
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1 (b) DEMONSTRATION PROGRAMS.—The Secretary is 

2 authorized, as part of the development and implementa3 tion of the National Strategy for Border Security, to es4 tablish and carry out demonstration programs to strength5 en communication, information sharing, technology, secu6 rity, intelligence benefits, and enforcement activities that 

7 will protect the international border of the United States 

8 without diminishing international trade and commerce. 

9 ø(c) INSERT CONTINUED USE OF GROUND 

10 SURVEILLANCE TECHNOLOGIES.— 

11 SEC. 124. COMBATING HUMAN SMUGGLING. 

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

13 develop and implement a plan to improve coordination be14 tween the Bureau of Immigration and Customs Enforce15 ment and the Bureau of Customs and Border Protection 

16 of the Department of Homeland Security and any other 

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

18 appropriate by the Secretary, to improve coordination ef19 forts to combat human smuggling. 

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

21 subsection (a), the Secretary shall consider— 

22 (1) the interoperability of databases utilized to 

23 prevent human smuggling; 

24 (2) adequate and effective personnel training; 
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1 (3) methods and programs to effectively target 

2 networks that engage in such smuggling; 

3 (4) effective utilization of— 

4 (A) visas for victims of trafficking and 

5 other crimes; and 

6 (B) investigatory techniques, equipment, 

7 and procedures that prevent, detect, and pros8 ecute international money laundering and other 

9 operations that are utilized in smuggling; 

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

11 to enhance intelligence sharing and cooperation with 

12 foreign governments whose citizens are preyed on by 

13 human smugglers; and 

14 (6) other measures that the Secretary considers 

15 appropriate to combating human smuggling. 

16 (c) REPORT.—Not later than 1 year after imple17 menting the plan described in subsection (a), the Sec18 retary shall submit to Congress a report on such plan, in19 cluding any recommendations for legislative action to im20 prove efforts to combating human smuggling. 

21 SEC. 125. SAVINGS CLAUSE. 

22 Nothing in this subtitle or subtitle A may be con23 strued to provide to any State or local entity any addi24 tional authority to enforce Federal immigration laws. 
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1 Subtitle C—International Border 

2 Enforcement 

3 SEC. 131. NORTH AMERICAN SECURITY INITIATIVE. 

4 (a) IN GENERAL.—The Secretary of State shall en5 hance the mutual security and safety of the United States, 

6 Canada, and Mexico by providing a framework for better 

7 management, communication, and coordination between 

8 the Governments of North America. 

9 (b) RESPONSIBILITIES.—In implementing the provi10 sions of this subtitle, the Secretary of State shall carry 

11 out all of the activities described in this subtitle. 

12 SEC. 132. INFORMATION SHARING AGREEMENTS. 

13 The Secretary of State, in coordination with the Sec14 retary of Homeland Security and the Government of Mex15 ico, is authorized to negotiate an agreement with Mexico 

16 to— 

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

18 nationals using Mexico as a transit corridor for 

19 entry into the United States; and 

20 (2) provide technical assistance to support 

21 stronger immigration control at the border with 

22 Mexico. 
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1 SEC. 133. IMPROVING THE SECURITY OF MEXICO’S SOUTH2 ERN BORDER. 

3 (a) TECHNICAL ASSISTANCE.—The Secretary of 

4 State, in coordination with the Secretary of Homeland Se5 curity, the Canadian Department of Foreign Affairs, and 

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

7 (1) assess the specific needs of the governments 

8 of Central American countries in maintaining the se9 curity of the borders of such countries; 

10 (2) use the assessment made under paragraph 

11 (1) to determine the financial and technical support 

12 needed by the governments of Central American 

13 countries from Canada, Mexico, and the United 

14 States to meet such needs; 

15 (3) provide technical assistance to the govern16 ments of Central American countries to secure 

17 issuance of passports and travel documents by such 

18 countries; and 

19 (4) encourage the governments of Central 

20 American countries to— 

21 (A) control alien smuggling and traf22 ficking; 

23 (B) prevent the use and manufacture of 

24 fraudulent travel documents; and 

25 (C) share relevant information with Mex26 ico, Canada, and the United States. 
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1 (b) IMMIGRATION.—The Secretary of Homeland Se2 curity, in consultation with the Secretary of State and ap3 propriate officials of the governments of Central American 

4 countries shall provide robust law enforcement assistance 

5 to such governments that specifically addresses migratory 

6 issues to increase the ability of such governments to dis7 mantle human smuggling organizations and gain tighter 

8 control over the border. 

9 (c) BORDER SECURITY BETWEEN MEXICO AND GUA10 TEMALA OR BELIZE.—The Secretary of State, in consulta11 tion with the Secretary of Homeland Security, the Govern12 ment of Mexico, and appropriate officials of the Govern13 ments of Guatemala, Belize, and neighboring contiguous 

14 countries, shall establish a program to provide needed 

15 equipment, technical assistance, and vehicles to manage, 

16 regulate, and patrol the international border between Mex17 ico and Guatemala and between Mexico and Belize. 

18 (d) TRACKING CENTRAL AMERICAN GANGS.—The 

19 Secretary of State, in coordination with the Secretary of 

20 Homeland Security, the Director of the Federal Bureau 

21 of Investigation, the Government of Mexico, and appro22 priate officials of the governments of Central American 

23 countries, shall— 
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1 (1) assess the direct and indirect impact on the 

2 United States and Central America on deporting vio3 lent criminal aliens; 

4 (2) establish a program and database to track 

5 Central American gang activities, focusing on the 

6 identification of returning criminal deportees; 

7 (3) devise an agreed-upon mechanism for notifi8 cation applied prior to deportation and for support 

9 for reintegration of these deportees; and 

10 (4) devise an agreement to share all relevant in11 formation with the appropriate agencies of Mexico 

12 and other Central American countries. 

13 TITLE II—STATE CRIMINAL 

14 ALIEN ASSISTANCE 

15 SEC. 201. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 

16 AUTHORIZATION OF APPROPRIATIONS. 

17 Section 241(i) of the Immigration and Nationality 

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

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

20 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

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

22 to be appropriated to carry out this sub23 section— 

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

25 for fiscal year 2005; 
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1 ‘‘(ii) $750,000,000 for fiscal year 

2 2006; 

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

4 2007; and 

5 ‘‘(iv) $950,000,000 for each of the fis6 cal years 2008 through 2011. 

7 ‘‘(B) LIMITATION ON USE OF FUNDS.— 

8 Amounts appropriated pursuant to subpara9 graph (A) that are distributed to a State or po10 litical subdivision of a State, including a mu11 nicipality, may be used only for correctional 

12 purposes.’’. 

13 SEC. 202. REIMBURSEMENT OF STATES FOR INDIRECT 

14 COSTS RELATING TO THE INCARCERATION 

15 OF ILLEGAL ALIENS. 

16 Section 501 of the Immigration Reform and Control 

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

18 (1) in subsection (a)— 

19 (A) by striking ‘‘for the costs’’ and insert20 ing the following: ‘‘for— 

21 ‘‘(1) the costs’’; and 

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

23 the following: ‘‘such State; and 

24 ‘‘(2) the indirect costs related to the imprison25 ment described in paragraph (1).’’; and 
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1 (2) by striking subsections (c) through (e) and 

2 inserting the following: 

3 ‘‘(c) MANNER OF ALLOTMENT OF REIMBURSE4 MENTS.—Reimbursements under this section shall be al5 lotted in a manner that gives special consideration for any 

6 State that— 

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

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

9 a large number of undocumented aliens reside rel10 ative to the general population of that area. 

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

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

13 costs’ includes— 

14 ‘‘(A) court costs, county attorney costs, de15 tention costs, and criminal proceedings expendi16 tures that do not involve going to trial; 

17 ‘‘(B) indigent defense costs; and 

18 ‘‘(C) unsupervised probation costs. 

19 ‘‘(2) STATE.—The term ‘State’ has the mean20 ing given such term in section 101(a)(36) of the Im21 migration and Nationality Act. 

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

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

24 of the fiscal years 2005 through 2011 to carry out sub25 section (a)(2).’’. 
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1 SEC. 203. REIMBURSEMENT OF STATES FOR PRE-CONVIC2 TION COSTS RELATING TO THE INCARCER3 ATION OF ILLEGAL ALIENS. 

4 Section 241(i)(3)(A) of the Immigration and Nation5 ality Act (8 U.S.C. 1231(i)(3)(a) is amended by inserting 

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

7 TITLE III—ESSENTIAL WORKER 

8 VISA PROGRAM 

9 SEC. 301. ESSENTIAL WORKERS. 

10 Section 101(a)(15)(H) of the Immigration and Na11 tionality Act (8 U.S.C. 1101(a)(15)(H)) is amended— 

12 (1) by striking ‘‘(H) an alien (i)(b)’’ and insert13 ing the following: 

14 ‘‘(H) an alien— 

15 ‘‘(i)(b)’’; 

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

17 following: 

18 ‘‘(ii)(a)’’; 

19 (3) by striking ‘‘or (iii)’’ and inserting the fol20 lowing: 

21 ‘‘(iii)’’; and 

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

23 ‘‘(v)(a) subject to section 218A, hav24 ing residence in a foreign country, which 

25 the alien has no intention of abandoning, 

26 who is coming temporarily to the United 
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1 States to initially perform labor or services 

2 (other than those occupation classifications 

3 covered under the provisions of clause 

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

5 (P), or (R)); or.’’. 

6 SEC. 302. ADMISSION OF ESSENTIAL WORKERS. 

7 (a) IN GENERAL.—Chapter 2 of title II of the Immi8 gration and Nationality Act (8 U.S.C. 1181 et seq.) is 

9 amended by inserting after section 218 the following: 

10 ‘‘ADMISSION OF TEMPORARY H–5A WORKERS

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

12 a temporary visa to a nonimmigrant described in section 

13 101(a)(15)(H)(v)(a) who demonstrates an intent to per14 form labor or services in the United States (other than 

15 those occupational classifications covered under the provi16 sions of clause (i)(b) or (ii)(a) of section 101(a)(15)(H) 

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

18 101(a)(15). 

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

20 be eligible for nonimmigrant status under section 

21 101(a)(15)(H)(v)(a), an alien shall meet the following re22 quirements: 

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

24 establish that the alien is capable of performing the 

25 labor or services required for an occupation under 

26 section 101(a)(15)(H)(v). 
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1 ‘‘(2) EVIDENCE OF EMPLOYMENT.—The alien’s 

2 evidence of employment shall be provided through 

3 the Employment Eligibility Confirmation System es4 tablished under section 274E or in accordance with 

5 requirements issued by the Secretary of State, in 

6 consultation with the Secretary of Homeland Secu7 rity. In carrying out this paragraph, the Secretary 

8 may consider evidence from employers, employer as9 sociations, and labor representatives. 

10 ‘‘(3) FEE.—The alien shall pay a $500 applica11 tion fee to apply for the visa in addition to the cost 

12 of processing and adjudicating such application. 

13 Nothing in this paragraph shall be construed to af14 fect consular procedures for charging reciprocal fees. 

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

16 undergo a medical examination (including a deter17 mination of immunization status) at the alien’s ex18 pense, that conforms to generally accepted standards 

19 of medical practice. 

20 ‘‘(c) GROUNDS OF INADMISSIBILITY.— 

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

22 admissibility as a nonimmigrant under section 

23 101(a)(15)(H)(v)(a)— 

24 ‘‘(A) paragraphs (5), (6) (except for sub25 paragraph (E)), (7), (9), and (10)(B) of section 
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1 212(a) may be waived for conduct that occurred 

2 before the date on which the Secure America 

3 and Orderly Immigration Act was introduced; 

4 ‘‘(B) the Secretary of Homeland Security 

5 may not waive— 

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

7 (G), (H), or (I) of section 212(a)(2) (relat8 ing to criminals); 

9 ‘‘(ii) section 212(a)(3) (relating to se10 curity and related grounds); or 

11 ‘‘(iii) subparagraph (A) or (C) of sec12 tion 212(a)(10) (relating to polygamists 

13 and child abductors); 

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

15 date on which the Secure America and Orderly 

16 Immigration Act was introduced, the Secretary 

17 of Homeland Security may waive the applica18 tion of any provision of section 212(a) not list19 ed in subparagraph (B) on behalf of an indi20 vidual alien for humanitarian purposes, to en21 sure family unity, or when such waiver is other22 wise in the public interest; and 

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

24 construed as affecting the authority of the Sec-
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1 retary of Homeland Security to waive the provi2 sions of section 212(a). 

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

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

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

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

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

8 an alien who initially seeks admission as a non9 immigrant under section 101(a)(15)(H)(v)(a). 

10 ‘‘(4) RENEWAL OF AUTHORIZED ADMISSION

11 AND SUBSEQUENT ADMISSIONS.—An alien seeking 

12 renewal of authorized admission or subsequent ad13 mission as a nonimmigrant under section 

14 101(a)(15)(H)(v)(a) shall establish that the alien is 

15 not inadmissible under section 212(a). 

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

17 ‘‘(1) INITIAL PERIOD.—The initial period of au18 thorized admission as a nonimmigrant described in 

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

20 ‘‘(2) RENEWALS.—The alien may seek an ex21 tension of the period described in paragraph (1) for 

22 1 additional 3-year period. 

23 ‘‘(3) LOSS OF EMPLOYMENT.— 

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

25 (c), the period of authorized admission of a 
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1 nonimmigrant alien under section 

2 101(a)(15)(H)(v)(a) shall terminate if the non3 immigrant is unemployed for 45 or more con4 secutive days. 

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

6 Any alien whose period of authorized admission 

7 terminates under subparagraph (A) shall be re8 quired to return to the country of the alien’s 

9 nationality or last residence. 

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

11 alien, whose period of authorized admission ter12 minates under subparagraph (A), who returns 

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

14 residence under subparagraph (B), may reenter 

15 the United States on the basis of the same visa 

16 to work for an employer, if the alien has com17 plied with the requirements of subsection 

18 (b)(1). 

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

20 ‘‘(A) IN GENERAL.—Under regulations es21 tablished by the Secretary of Homeland Secu22 rity, a nonimmigrant alien under section 

23 101(a)(15)(H)(v)(a)— 

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

25 States; and 
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1 ‘‘(ii) may be readmitted without hav2 ing to obtain a new visa if the period of 

3 authorized admission has not expired. 

4 ‘‘(B) EFFECT ON PERIOD OF AUTHORIZED

5 ADMISSION.—Time spent outside the United 

6 States under subparagraph (A) shall not extend 

7 the period of authorized admission in the 

8 United States. 

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

10 in this section, who was previously issued a visa or other11 wise provided nonimmigrant status under section 

12 101(a)(15)(H)(v)(a), may accept new employment with a 

13 subsequent employer. 

14 ‘‘(f) WAIVER OF RIGHTS PROHIBITED.—A non15 immigrant alien described in section 101(a)(15)(H)(v)(a) 

16 may not be required to waive any rights or protections 

17 under the Secure America and Orderly Immigration Act. 

18 ‘‘(g) CHANGE OF ADDRESS.—An alien having non19 immigrant status described in section 101(a)(15)(H)(v)(a) 

20 shall comply by either electronic or paper notification with 

21 the change of address reporting requirements under sec22 tion 265. 

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

24 ‘‘(1) IN GENERAL.—Any alien having the non25 immigrant status described in section 
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1 101(a)(15)(H)(v)(a) shall not be eligible to renew 

2 such nonimmigrant status if the alien willfully vio3 lates any material term or condition of such status. 

4 ‘‘(2) WAIVER.—The alien may apply for a waiv5 er of the application of subparagraph (A) for tech6 nical violations, inadvertent errors, or violations for 

7 which the alien was not at fault. 

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

9 this section shall be deposited in the Treasury in accord10 ance with section 286(w).’’. 

11 (b) CONFORMING AMENDMENT REGARDING PRE12 SUMPTION OF NONIMMIGRANT STATUS.—Section 214(b) 

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

14 1184(b)) is amended by inserting ‘‘(H)(v)(a),’’ after 

15 ‘‘(H)(i),’’. 

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

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

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

19 to section 218 the following: 

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

20 SEC. 303. EMPLOYER OBLIGATIONS. 

21 Employers employing a nonimmigrant described in 

22 section 101(a)(15)(H)(v)(a) of the Immigration and Na23 tionality Act, as added by section 301, shall comply with 

24 all applicable Federal, State, and local laws, including— 
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1 (1) laws affecting migrant and seasonal agricul2 tural workers; and 

3 (2) the requirements under section 274E of 

4 such Act, as added by section 402. 

5 SEC. 304. PROTECTION FOR WORKERS. 

6 Section 218A of the Immigration and Nationality 

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

8 the end the following: 

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

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

11 and in subsections (i) through (k): 

12 ‘‘(A) EMPLOY; EMPLOYEE; EMPLOYER.— 

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

14 have the meanings given such terms in section 

15 3 of the Fair Labor Standards Act of 1938 (29 

16 U.S.C. 203). 

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

18 term ‘foreign labor contractor’ means any per19 son who for any compensation or other valuable 

20 consideration paid or promised to be paid, per21 forms any foreign labor contracting activity. 

22 ‘‘(C) FOREIGN LABOR CONTRACTING AC23 TIVITY.—The term ‘foreign labor contracting 

24 activity’ means recruiting, soliciting, hiring, em25 ploying, or furnishing, an individual who resides 
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1 outside of the United States for employment in 

2 the United States as a nonimmigrant alien de3 scribed in section 101(a)(15)(H)(v)(a). 

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

5 provision of law— 

6 ‘‘(A) a nonimmigrant alien described in 

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

8 being treated as an independent contractor; and 

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

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

11 as an independent contractor. 

12 ‘‘(3) APPLICABILITY OF LAWS.—A non13 immigrant alien described in section 

14 101(a)(15)(H)(v)(a) shall not be denied any right or 

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

16 employment law that would be applicable to a 

17 United States worker employed in a similar position 

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

19 nonimmigrant worker. 

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

21 each employed nonimmigrant alien described in sec22 tion 101(a)(15)(H)(v)(a), an employer shall comply 

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

24 revenue laws. 
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1 ‘‘(5) NONDISCRIMINATION IN EMPLOYMENT.— 

2 An employer shall provide nonimmigrants issued a 

3 visa under this section with the same wages, bene4 fits, and working conditions that are provided by the 

5 employer to United States workers similarly em6 ployed in the same occupation and the same place of 

7 employment. 

8 ‘‘(6) NO REPLACEMENT OF STRIKING EMPLOY9 EES.—An employer may not hire a nonimmigrant 

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

11 replacement worker if there is a strike or lockout in 

12 the course of a labor dispute in the occupational 

13 classification at the place of employment. 

14 ‘‘(7) WAIVER OF RIGHTS PROHIBITED.—A non15 immigrant alien described in section 

16 101(a)(15)(H)(v)(a) may not be required to waive 

17 any rights or protections under the Secure America 

18 and Orderly Immigration Act. Nothing under this 

19 provision shall be construed to affect the interpreta20 tion of other laws. 

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

22 shall be a violation of this section for an employer 

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

24 threaten the alien beneficiary of such a petition with 

25 withdrawal of the application, or to withdraw such 
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1 a petition in retaliation for the beneficiary’s exercise 

2 of a right protected by the Secure America and Or3 derly Immigration Act. 

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

5 be unlawful for an employer or a labor contractor of 

6 a nonimmigrant alien described in section 

7 101(a)(15)(H)(v)(a) to intimidate, threaten, re8 strain, coerce, retaliate, discharge, or in any other 

9 manner, discriminate against an employee or former 

10 employee because the employee or former em11 ployee— 

12 ‘‘(A) discloses information to the employer 

13 or any other person that the employee or 

14 former employee reasonably believes dem15 onstrates a violation of Secure America and Or16 derly Immigration Act. 

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

18 investigation or other proceeding concerning 

19 compliance with the requirements of the Secure 

20 America and Orderly Immigration Act. 

21 ‘‘(i) LABOR RECRUITERS.— 

22 ‘‘(1) IN GENERAL.—Each employer that en23 gages in foreign labor contracting activity and each 

24 foreign labor contractor shall ascertain and disclose 

25 to each such worker who is recruited for employment 
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1 the following information at the time of the worker’s 

2 recruitment: 

3 ‘‘(A) The place of employment. 

4 ‘‘(B) The compensation for the employ5 ment. 

6 ‘‘(C) A description of employment activi7 ties. 

8 ‘‘(D) The period of employment. 

9 ‘‘(E) Any other employee benefit to be pro10 vided and any costs to be charged for each ben11 efit. 

12 ‘‘(F) Any travel or transportation expenses 

13 to be assessed. 

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

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

16 the place of employment. 

17 ‘‘(H) The existence of any arrangement 

18 with any owner, employer, foreign contractor, 

19 or its agent where such person receives a com20 mission from the provision of items or services 

21 to workers. 

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

23 compensated through workers’ compensation, 

24 private insurance, or otherwise for injuries or 

25 death, including work related injuries and 
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•HR 2330 IH 

1 death, during the period of employment and, if 

2 so, the name of the State workers’ compensa3 tion insurance carrier or the name of the policy4 holder of the private insurance, the name and 

5 the telephone number of each person who must 

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

7 period within which such notice must be given. 

8 ‘‘(J) Any education or training to be pro9 vided or required, including the nature and cost 

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

11 whether the training is a condition of employ12 ment, continued employment, or future employ13 ment. 

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

15 the Secretary of Labor, describing the protec16 tions of this Act for workers recruited abroad. 

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

18 No foreign labor contractor or employer who en19 gages in foreign labor contracting activity shall 

20 knowingly provide material false or misleading infor21 mation to any worker concerning any matter re22 quired to be disclosed in paragraph (1). 

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

24 be disclosed under paragraph (1) shall be provided 

25 in writing in English or, as necessary and reason-
40 

•HR 2330 IH 

1 able, in the language of the worker being recruited. 

2 The Department of Labor shall make forms avail3 able in English, Spanish, and other languages, as 

4 necessary, which may be used in providing workers 

5 with information required under this section. 

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

7 labor contracting activity shall not assess any fee to 

8 a worker for such foreign labor contracting activity. 

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

10 contractor shall, without justification, violate the 

11 terms of any agreement made by that contractor or 

12 employer regarding employment under this program. 

13 ‘‘(6) TRAVEL COSTS.—If the foreign labor con14 tractor or employer charges the employee for trans15 portation such transportation costs shall be reason16 able. 

17 ‘‘(7) OTHER WORKER PROTECTIONS.— 

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

19 employer shall notify the Secretary of Labor of 

20 the identity of any foreign labor contractor en21 gaged by the employer in any foreign labor con22 tractor activity for or on behalf of the employer. 

23 ‘‘(B) REGISTRATION OF FOREIGN LABOR

24 CONTRACTORS.— 
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1 ‘‘(i) IN GENERAL.—No person shall 

2 engage in foreign labor recruiting activity 

3 unless such person has a certificate of reg4 istration from the Secretary of Labor 

5 specifying the activities that such person is 

6 authorized to perform. An employer who 

7 retains the services of a foreign labor con8 tractor shall only use those foreign labor 

9 contractors who are registered under this 

10 subparagraph. 

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

12 promulgate regulations to establish an effi13 cient electronic process for the investiga14 tion and approval of an application for a 

15 certificate of registration of foreign labor 

16 contractors not later than 14 days after 

17 such application is filed. Such process shall 

18 include requirements under paragraphs 

19 (1), (4), and (5) of section 1812 of title 

20 29, United States Code, an expeditious 

21 means to update registrations and renew 

22 certificates and any other requirements the 

23 Secretary may prescribe. 
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1 ‘‘(iii) TERM.—Unless suspended or re2 voked, a certificate under this subpara3 graph shall be valid for 2 years. 

4 ‘‘(iv) REFUSAL TO ISSUE; REVOCA5 TION; SUSPENSION.—In accordance with 

6 regulations promulgated by the Secretary 

7 of Labor, the Secretary may refuse to issue 

8 or renew, or may suspend or revoke, a cer9 tificate of registration under this subpara10 graph. The justification for such refusal, 

11 suspension, or revocation may include the 

12 following: 

13 ‘‘(I) The application or holder of 

14 the certification has knowingly made a 

15 material misrepresentation in the ap16 plication for such certificate. 

17 ‘‘(II) The applicant for or holder 

18 of the certification is not the real 

19 party in interest in the application or 

20 certificate of registration and the real 

21 party in interest is a person who has 

22 been refused issuance or renewal of a 

23 certificate, has had a certificate sus24 pended or revoked, or does not qualify 

25 for a certificate under this paragraph. 
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•HR 2330 IH 

1 ‘‘(III) The applicant for or holder 

2 of the certification has failed to com3 ply with the Secure America and Or4 derly Immigration Act. 

5 ‘‘(C) REMEDY FOR VIOLATIONS.—An em6 ployer engaging in foreign labor contracting ac7 tivity and a foreign labor contractor that vio8 lates the provisions of this subsection shall be 

9 subject to remedies for foreign labor contractor 

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

11 foreign labor contractor acting as an agent of 

12 an employer violates any provision of this sub13 section, the employer shall also be subject to 

14 remedies under subsections (j) and (k). An em15 ployer that violates a provision of this sub16 section relating to employer obligations shall be 

17 subject to remedies under this subsections (j) 

18 and (k). 

19 ‘‘(D) EMPLOYER NOTIFICATION.—An em20 ployer shall notify the Secretary of Labor any 

21 time the employer becomes aware of a violation 

22 of this subsection by a foreign labor recruiter. 

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

24 labor contractor shall violate the terms of any 

25 written agreements made with an employer re-
44 

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1 lating to any contracting activity or worker pro2 tection under this subsection. 

3 ‘‘(F) BONDING REQUIREMENT.—The Sec4 retary of Labor may require a foreign labor 

5 contractor under this subsection to post a bond 

6 in an amount sufficient to ensure the protection 

7 of individuals recruited by the foreign labor 

8 contractor. The Secretary may consider the ex9 tent to which the foreign labor contractor has 

10 sufficient ties to the United States to ade11 quately enforce this subsection. 

12 ‘‘(j) ENFORCEMENT.— 

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

14 shall prescribe regulations for the receipt, investiga15 tion, and disposition of complaints by an aggrieved 

16 person respecting a violation of this section. 

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

18 an ‘aggrieved person’ is a person adversely affected 

19 by the alleged violation, including— 

20 ‘‘(A) a worker whose job, wages, or work21 ing conditions are adversely affected by the vio22 lation; and 

23 ‘‘(B) a representative for workers whose 

24 jobs, wages, or working conditions are adversely 
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1 affected by the violation who brings a complaint 

2 on behalf of such worker. 

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

4 hearing shall be conducted on a complaint con5 cerning a violation under this section unless the 

6 complaint was filed not later than 12 months after 

7 the date of such violation. 

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

9 Labor shall conduct an investigation under this sub10 section if there is reasonable cause to believe that a 

11 violation of this section has occurred. The process 

12 established under this subsection shall provide that, 

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

14 Secretary shall determine if there is reasonable 

15 cause to find such a violation. 

16 ‘‘(5) NOTICE AND HEARING.— 

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

18 days after the Secretary of Labor makes a de19 termination of reasonable cause under para20 graph (4), the Secretary shall issue a notice to 

21 the interested parties and offer an opportunity 

22 for a hearing on the complaint, in accordance 

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

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

25 Labor, after receiving a complaint under this 
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•HR 2330 IH 

1 subsection, does not offer the aggrieved party 

2 or organization an opportunity for a hearing 

3 under subparagraph (A), the Secretary shall no4 tify the aggrieved party or organization of such 

5 determination and the aggrieved party or orga6 nization may seek a hearing on the complaint 

7 in accordance with such section 556. 

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

9 60 days after the date of a hearing under this 

10 paragraph, the Secretary of Labor shall make a 

11 finding on the matter in accordance with para12 graph (6). 

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

14 prevails with respect to a claim under this sub15 section shall be entitled to an award of reasonable 

16 attorneys’ fees and costs. 

17 ‘‘(7) POWER OF THE SECRETARY.—The Sec18 retary may bring an action in any court of com19 petent jurisdiction— 

20 ‘‘(A) to seek remedial action, including in21 junctive relief; 

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

23 subsection (k); or 

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

25 conditions described in subsection (i). 
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1 ‘‘(8) SOLICITOR OF LABOR.—Except as pro2 vided in section 518(a) of title 28, United States 

3 Code, the Solicitor of Labor may appear for and rep4 resent the Secretary of Labor in any civil litigation 

5 brought under this subsection. All such litigation 

6 shall be subject to the direction and control of the 

7 Attorney General. 

8 ‘‘(9) PROCEDURES IN ADDITION TO OTHER

9 RIGHTS OF EMPLOYEES.—The rights and remedies 

10 provided to workers under this section are in addi11 tion to, and not in lieu of, any other contractual or 

12 statutory rights and remedies of the workers, and 

13 are not intended to alter or affect such rights and 

14 remedies. 

15 ‘‘(k) PENALTIES.— 

16 ‘‘(1) IN GENERAL.—If, after notice and an op17 portunity for a hearing, the Secretary of Labor finds 

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

19 may impose administrative remedies and penalties, 

20 including— 

21 ‘‘(A) back wages; 

22 ‘‘(B) fringe benefits; and 

23 ‘‘(C) civil monetary penalties. 

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

25 Labor may impose, as a civil penalty— 
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1 ‘‘(A) for a violation of subsection (h)— 

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

3 $2,000 per violation per affected worker; 

4 ‘‘(ii) if the violation was willful viola5 tion, a fine in an amount not to exceed 

6 $5,000 per violation per affected worker; 

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

8 in the course of such violation a United 

9 States worker was harmed, a fine in an 

10 amount not to exceed $25,000 per viola11 tion per affected worker; and 

12 ‘‘(B) for a violation of subsection (i)— 

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

14 $500 and not more than $4,000 per viola15 tion per affected worker; 

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

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

18 more than $5,000 per violation per af19 fected worker; and 

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

21 in the course of such violation a United 

22 States worker was harmed, a fine in an 

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

24 than $35,000 per violation per affected 

25 worker. 
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1 ‘‘(3) USE OF CIVIL PENALTIES.—All penalties 

2 collected under this subsection shall be deposited in 

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

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

5 knowing violation of subsection (i) causes extreme 

6 physical or financial harm to an individual, the per7 son in violation of such subsection may be impris8 oned for not more than 6 months, fined not more 

9 than $35,000 fine, or both.’’. 

10 SEC. 305. MARKET-BASED NUMERICAL LIMITATIONS. 

11 Section 214(g) of the Immigration and Nationality 

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

13 (1) in paragraph (1)— 

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

15 1992)’’; 

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

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

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

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

20 may not exceed— 

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

22 in which the program is implemented; 

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

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

25 allocated for that fiscal year are allot-
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1 ted within the first quarter of that fis2 cal year, then an additional 20 per3 cent of the allocated number shall be 

4 made available immediately and the 

5 allocated amount for the following fis6 cal year shall increase by 20 percent 

7 of the original allocated amount in the 

8 prior fiscal year; 

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

10 allocated for that fiscal year are allot11 ted within the second quarter of that 

12 fiscal year, then an additional 15 per13 cent of the allocated number shall be 

14 made available immediately and the 

15 allocated amount for the following fis16 cal year shall increase by 15 percent 

17 of the original allocated amount in the 

18 prior fiscal year; 

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

20 allocated for that fiscal year are allot21 ted within the third quarter of that 

22 fiscal year, then an additional 10 per23 cent of the allocated number shall be 

24 made available immediately and the 

25 allocated amount for the following fis-
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1 cal year shall increase by 10 percent 

2 of the original allocated amount in the 

3 prior fiscal year; 

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

5 allocated for that fiscal year are allot6 ted within the last quarter of that fis7 cal year, then the allocated amount 

8 for the following fiscal year shall in9 crease by 10 percent of the original 

10 allocated amount in the prior fiscal 

11 year; and 

12 ‘‘(V) with the exception of the 

13 first subsequent fiscal year to the fis14 cal year in which the program is im15 plemented, if fewer visas were allotted 

16 the previous fiscal year than the num17 ber of visas allocated for that year 

18 and the reason was not due to proc19 essing delays or delays in promul20 gating regulations, then the allocated 

21 amount for the following fiscal year 

22 shall decrease by 10 percent of the al23 located amount in the prior fiscal 

24 year.’’; and 

25 (2) by adding at the end the following: 
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1 ‘‘(9)(A) Of the total number of visas allocated 

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

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

4 qualifying counties; and 

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

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

7 such fiscal year, may be made available to any 

8 qualified applicant. 

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

10 county’ means any county that— 

11 ‘‘(i) that is outside a metropolitan statis12 tical area; and 

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

14 the last day of the calendar year preceding the 

15 date of enactment of the Secure America and 

16 Orderly Immigration Act, experienced a net 

17 out-migration of inhabitants from the county of 

18 at least 10 percent of the population of the 

19 county at the beginning of such period. 

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

21 the Secretary of State may take any additional 

22 measures necessary to deter illegal immigration.’’. 
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1 SEC. 306. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT 

2 STATUS. 

3 Section 245 of the Immigration and Nationality Act 

4 (8 U.S.C. 1255) is amended by adding at the end the fol5 lowing: 

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

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

8 made available to an alien having nonimmigrant status de9 scribed in section 101(a)(15)(H)(v)(a) upon the filing of 

10 a petition for such a visa— 

11 ‘‘(A) by the alien’s employer; or 

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

13 such nonimmigrant status in the United States for 

14 a cumulative total of 4 years. 

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

16 in section 101(a)(15)(H)(v)(a) may not apply for adjust17 ment of status under this section unless the alien— 

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

19 and 

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

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

22 or 

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

24 study to achieve such an understanding of 

25 English and knowledge and understanding of 
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1 the history and government of the United 

2 States. 

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

4 the requirements of section 312 may be considered to have 

5 satisfied the requirements of that section for purposes of 

6 becoming naturalized as a citizen of the United States 

7 under title III. 

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

9 of an alien or otherwise seeking permanent residence in 

10 the United States for such alien shall not constitute evi11 dence of the alien’s ineligibility for nonimmigrant status 

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

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

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

15 having nonimmigrant status under section 

16 101(a)(15)(H)(v)(a) if— 

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

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

19 ‘‘(B) an immigrant visa petition filed under sec20 tion 204(b) on behalf of such alien is pending. 

21 ‘‘(6) The Secretary of Homeland Security shall ex22 tend the stay of an alien who qualifies for an exemption 

23 under paragraph (5) in 1-year increments until a final de24 cision is made on the alien’s lawful permanent residence. 
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1 ‘‘(7) Nothing in this subsection shall be construed to 

2 prevent an alien having nonimmigrant status described in 

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

4 adjustment of status under this section in accordance with 

5 any other provision of law.’’. 

6 SEC. 307. ESSENTIAL WORKER VISA PROGRAM TASK 

7 FORCE. 

8 (a) ESTABLISHMENT OF TASK FORCE.— 

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

10 force to be known as the Essential Worker Visa Pro11 gram Task Force (referred to in this section as the 

12 ‘‘Task Force’’). 

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

14 Force are— 

15 (A) to study the Essential Worker Visa 

16 Program (referred to in this section as the 

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

18 (B) to make recommendations to Congress 

19 with respect to such program. 

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

21 composed of 10 members, of whom— 

22 (A) 1 shall be appointed by the President 

23 and shall serve as chairman of the Task Force; 

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

25 the Democratic Party in the Senate, in con-
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1 sultation with the leader of the Democratic 

2 Party in the House of Representatives, and 

3 shall serve as vice chairman of the Task Force; 

4 (C) 2 shall be appointed by the majority 

5 leader of the Senate; 

6 (D) 2 shall be appointed by the minority 

7 leader of the Senate; 

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

9 the House of Representatives; and 

10 (F) 2 shall be appointed by the minority 

11 leader of the House of Representatives. 

12 (4) QUALIFICATIONS.— 

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

14 Force shall be— 

15 (i) individuals with expertise in eco16 nomics, demography, labor, business, or 

17 immigration or other pertinent qualifica18 tions or experience; and 

19 (ii) representative of a broad cross20 section of perspectives within the United 

21 States, including the public and private 

22 sectors and academia; 

23 (B) POLITICAL AFFILIATION.—Not more 

24 than 5 members of the Task Force may be 

25 members of the same political party. 
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1 (C) NONGOVERNMENTAL APPOINTEES.— 

2 An individual appointed to the Task Force may 

3 not be an officer or employee of the Federal 

4 Government or of any State or local govern5 ment. 

6 (5) DEADLINE FOR APPOINTMENT.—All mem7 bers of the Task Force shall be appointed not later 

8 than 6 months after the Program has been imple9 mented. 

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

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

12 in the same manner in which the original appoint13 ment was made. 

14 (7) MEETINGS.— 

15 (A) INITIAL MEETING.—The Task Force 

16 shall meet and begin the operations of the Task 

17 Force as soon as practicable. 

18 (B) SUBSEQUENT MEETINGS.—After its 

19 initial meeting, the Task Force shall meet upon 

20 the call of the chairman or a majority of its 

21 members. 

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

23 shall constitute a quorum. 
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1 (b) DUTIES.—The Task Force shall examine and 

2 make recommendations regarding the Program, including 

3 recommendations regarding— 

4 (1) the development and implementation of the 

5 Program; 

6 (2) the criteria for the admission of temporary 

7 workers under the Program; 

8 (3) the formula for determining the yearly nu9 merical limitations of the Program; 

10 (4) the impact of the Program on immigration; 

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

12 States workforce and United States businesses; and 

13 (6) any other matters regarding the Program 

14 that the Task Force considers appropriate. 

15 (c) INFORMATION AND ASSISTANCE FROM FEDERAL

16 AGENCIES.— 

17 (1) INFORMATION FROM FEDERAL AGENCIES.— 

18 The Task Force may seek directly from any Federal 

19 department or agency such information, including 

20 suggestions, estimates, and statistics, as the Task 

21 Force considers necessary to carry out the provisions 

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

23 head of such department or agency shall furnish 

24 such information to the Task Force. 
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1 (2) ASSISTANCE FROM FEDERAL AGENCIES.— 

2 The Administrator of General Services shall, on a 

3 reimbursable base, provide the Task Force with ad4 ministrative support and other services for the per5 formance of the Task Force’s functions. The depart6 ments and agencies of the United States may pro7 vide the Task Force with such services, funds, facili8 ties, staff, and other support services as they deter9 mine advisable and as authorized by law. 

10 (d) REPORTS.— 

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

12 after the Program has been implemented, the Task 

13 Force shall submit a report to Congress, the Sec14 retary of State, the Secretary of Labor, and the Sec15 retary of Homeland Security that contains— 

16 (A) findings with respect to the duties of 

17 the Task Force; 

18 (B) recommendations for improving the 

19 Program; and 

20 (C) suggestions for legislative or adminis21 trative action to implement the Task Force rec22 ommendations. 

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

24 after the submission of the initial report under para25 graph (1), the Task Force shall submit a final re-
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1 port to Congress, the Secretary of State, the Sec2 retary of Labor, and the Secretary of Homeland Se3 curity that contains additional findings, rec4 ommendations, and suggestions, as described in 

5 paragraph (1). 

6 SEC. 308. WILLING WORKER-WILLING EMPLOYER ELEC7 TRONIC JOB REGISTRY. 

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

9 direct the coordination and modification of the national 

10 system of public labor exchange services (commonly known 

11 as ‘‘America’s Job Bank’’) in existence on the date of en12 actment of this Act to provide information on essential 

13 worker employment opportunities available to United 

14 States workers and nonimmigrant workers under section 

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

16 Act, as added by this Act. 

17 (b) RECRUITMENT OF UNITED STATES WORKERS.— 

18 Before the completion of evidence of employment for a po19 tential nonimmigrant worker under section 

20 101(a)(15)(H)(v)(a) of the Immigration and Nationality 

21 Act (8 U.S.C. 1101(a)(15)(H)(v)(a), an employer shall at22 test that the employer has posted in the Job Registry for 

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

24 workers. An employer shall maintain records for not less 
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1 than 1 year demonstrating why United States workers 

2 who applied were not hired. 

3 (c) OVERSIGHT AND MAINTENANCE OF RECORDS.— 

4 The Secretary of Labor shall maintain electronic job reg5 istry records, as established by regulation, for the purpose 

6 of audit or investigation. 

7 (d) ACCESS TO JOB REGISTRY.— 

8 (1) CIRCULATION IN INTERSTATE EMPLOYMENT

9 SERVICE SYSTEM.—The Secretary of Labor shall en10 sure that job opportunities advertised on the elec11 tronic job registry established under this section are 

12 accessible by the State workforce agencies, which 

13 may further disseminate job opportunity information 

14 to other interested parties. 

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

16 ensure that the Internet-based electronic job registry 

17 established or approved under this section may be 

18 accessed by workers, employers, labor organizations, 

19 and other interested parties. 

20 SEC. 309. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated to the Sec22 retary of State such sums as may be necessary to carry 

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

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

25 and ending on the last day of the sixth fiscal year begin-
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1 ning after the effective date of the regulations promul2 gated by the Secretary to implement this title. 

3 TITLE IV—ENFORCEMENT 

4 SEC. 401. DOCUMENT AND VISA REQUIREMENTS. 

5 (a) IN GENERAL.—Section 221(a) of the Immigra6 tion and Nationality Act (8 U.S.C. 1201(a)) is amended 

7 by adding at the end the following: 

8 ‘‘(3) VISAS AND IMMIGRATION RELATED DOCUMENT

9 REQUIREMENTS.— 

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

11 immigration related documents issued by the Sec12 retary of State or the Secretary of Homeland Secu13 rity shall comply with authentication and biometric 

14 standards recognized by domestic and international 

15 standards organizations. 

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

17 ‘‘(i) be machine-readable and tamper-re18 sistant; 

19 ‘‘(ii) use biometric identifiers that are con20 sistent with the requirements of section 303 of 

21 the Enhanced Border Security and Visa Entry 

22 Reform Act of 2002 (8 U.S.C. 1732), and rep23 resent the benefits and status set forth in such 

24 section; 
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1 ‘‘(iii) comply with the biometric and docu2 ment identifying standards established by the 

3 International Civil Aviation Organization; and 

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

5 Visitor and Immigrant Status Indicator Tech6 nology and the employment verification system 

7 established under section 274E. 

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

9 immigration related documents described in subpara10 graph (B) shall include— 

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

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

13 applicable, social security number; 

14 ‘‘(ii) the alien’s citizenship and immigra15 tion status in the United States; and 

16 ‘‘(iii) the date that such alien’s authoriza17 tion to work in the United States expires, if ap18 propriate.’’. 

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

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

21 months after the date of enactment of this Act. 
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1 SEC. 402. EMPLOYMENT ELIGIBILITY CONFIRMATION SYS2 TEM. 

3 (a) IN GENERAL.—Chapter 8 of title II of the Immi4 gration and Nationality Act (8 U.S.C. 1321 et seq.) is 

5 amended by inserting after section 274D the following: 

6 ‘‘EMPLOYMENT ELIGIBILITY

7 ‘‘SEC. 274E. (a) EMPLOYMENT ELIGIBILITY CON8 FIRMATION SYSTEM.— 

9 ‘‘(1) IN GENERAL.—The Commissioner of So10 cial Security, in consultation and coordination with 

11 the Secretary of Homeland Security, shall establish 

12 an Employment Eligibility Confirmation System (re13 ferred to in this section as the ‘System’) through 

14 which the Commissioner responds to inquiries made 

15 by employers who have hired individuals concerning 

16 each individual’s identity and employment authoriza17 tion. 

18 ‘‘(2) MAINTENANCE OF RECORDS.—The Com19 missioner shall electronically maintain records by 

20 which compliance under the System may be verified. 

21 ‘‘(3) OBJECTIVES OF THE SYSTEM.—The Sys22 tem shall— 

23 ‘‘(A) facilitate the eventual transition for 

24 all businesses from the employer verification 

25 system established in section 274A with the 

26 System; 
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1 ‘‘(B) utilize, as a central feature of the 

2 System, machine-readable documents that con3 tain encrypted electronic information to verify 

4 employment eligibility; and 

5 ‘‘(C) provide for the evidence of employ6 ment required under section 218A. 

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

8 provide— 

9 ‘‘(A) confirmation or a tentative noncon10 firmation of an individual’s identity and em11 ployment eligibility not later than 1 working 

12 day after the initial inquiry; and 

13 ‘‘(B) an appropriate code indicating such 

14 confirmation or tentative nonconfirmation. 

15 ‘‘(5) SECONDARY VERIFICATION PROCESS IN

16 CASE OF TENTATIVE NONCONFIRMATION.— 

17 ‘‘(A) ESTABLISHMENT.—For cases of ten18 tative nonconfirmation, the Commissioner of 

19 Social Security, in consultation and coordina20 tion with the Secretary of Homeland Security, 

21 shall establish a secondary verification process. 

22 The employer shall make the secondary 

23 verification inquiry not later than 10 days after 

24 receiving a tentative nonconfirmation. 
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1 ‘‘(B) DISCREPANCIES.—If an employee 

2 chooses to contest a secondary nonconfirmation, 

3 the employer shall provide the employee with a 

4 referral letter and instruct the employee to visit 

5 an office of the Department of Homeland Secu6 rity or the Social Security Administration to re7 solve the discrepancy not later than 10 working 

8 days after the receipt of such referral letter in 

9 order to obtain confirmation. 

10 ‘‘(C) FAILURE TO CONTEST.—An individ11 ual’s failure to contest a confirmation shall not 

12 constitute knowledge (as defined in section 

13 274a.1(l) of title 8, Code of Federal Regula14 tions. 

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

16 The System shall be designed, implemented, and op17 erated— 

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

19 use consistent with protecting the privacy and 

20 security of the underlying information through 

21 technical and physical safeguards; 

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

23 newly hired individual is authorized to be em24 ployed; 

25 ‘‘(C) to permit individuals to— 
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1 ‘‘(i) view their own records in order to 

2 ensure the accuracy of such records; and 

3 ‘‘(ii) contact the appropriate agency to 

4 correct any errors through an expedited 

5 process established by the Commissioner of 

6 Social Security, in consultation and coordi7 nation with the Secretary of Homeland Se8 curity; and 

9 ‘‘(D) to prevent discrimination based on 

10 national origin or citizenship status under sec11 tion 274B. 

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

13 an unlawful immigration-related employment prac14 tice— 

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

16 to use the System selectively or without author17 ization; 

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

19 of employment; 

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

21 individuals from consideration for employment 

22 as a result of a perceived likelihood that addi23 tional verification will be required, beyond what 

24 is required for most job applicants; 
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1 ‘‘(D) to use the System to deny certain 

2 employment benefits, otherwise interfere with 

3 the labor rights of employees, or any other un4 lawful employment practice; or 

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

6 person, including terminating or suspending an 

7 employee who has received a tentative noncon8 firmation. 

9 ‘‘(b) EMPLOYMENT ELIGIBILITY DATABASE.— 

10 ‘‘(1) REQUIREMENT.—The Commissioner of So11 cial Security, in consultation and coordination with 

12 the Secretary of Homeland Security and other ap13 propriate agencies, shall design, implement, and 

14 maintain an Employment Eligibility Database (re15 ferred to in this section as the ‘Database’) as de16 scribed in this subsection. 

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

18 each individual who is not a citizen or national of 

19 the United States, but is authorized or seeking au20 thorization to be employed in the United States, the 

21 individual’s— 

22 ‘‘(A) country of origin; 

23 ‘‘(B) immigration status; 

24 ‘‘(C) employment eligibility; 

25 ‘‘(D) occupation; 
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1 ‘‘(E) metropolitan statistical area of em2 ployment; 

3 ‘‘(F) annual compensation paid; 

4 ‘‘(G) period of employment eligibility; 

5 ‘‘(H) employment commencement date; 

6 and 

7 ‘‘(I) employment termination date. 

8 ‘‘(3) REVERIFICATION OF EMPLOYMENT ELIGI9 BILITY.—The Commissioner of Social Security shall 

10 prescribe, by regulation, a system to annually 

11 reverify the employment eligibility of each individual 

12 described in this section— 

13 ‘‘(A) by utilizing the machine-readable doc14 uments described in section 221(a)(3); or 

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

16 not available, by telephonic or electronic com17 munication. 

18 ‘‘(4) CONFIDENTIALITY.— 

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

20 employee of any agency or department of the 

21 United States, other than individuals respon22 sible for the verification of employment eligi23 bility or for the evaluation of the employment 

24 verification program at the Social Security Ad25 ministration, the Department of Homeland Se-
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1 curity, and the Department of Labor, may have 

2 access to any information contained in the 

3 Database. 

4 ‘‘(B) PROTECTION FROM UNAUTHORIZED

5 DISCLOSURE.—Information in the Database 

6 shall be adequately protected against unauthor7 ized disclosure for other purposes, as provided 

8 in regulations established by the Commissioner 

9 of Social Security, in consultation with the Sec10 retary of Homeland Security and the Secretary 

11 of Labor. 

12 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated such sums 

14 as may be necessary to design, implement, and 

15 maintain the Database. 

16 ‘‘(c) GRADUAL IMPLEMENTATION.—The Commis17 sioner of Social Security, in coordination with the Sec18 retary of Homeland Security and the Secretary of Labor 

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

20 and phase out the employer verification system established 

21 in section 274A over a period of time that the Commis22 sioner determines to be appropriate. 

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

24 shall— 
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1 ‘‘(1) notify employees and prospective employ2 ees of the use of the System and that the System 

3 may be used for immigration enforcement purposes; 

4 ‘‘(2) verify the identification and employment 

5 authorization status for newly hired individuals de6 scribed in section 101(a)(15)(H)(v)(a) not later than 

7 3 days after the date of hire; 

8 ‘‘(3) use— 

9 ‘‘(A) a machine-readable document de10 scribed in subsection (a)(3)(B); or 

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

12 access the Database; 

13 ‘‘(4) provide, for each employer hired, the occu14 pation, metropolitan statistical area of employment, 

15 and annual compensation paid; 

16 ‘‘(5) retain the code received indicating con17 firmation or nonconfirmation, for use in investiga18 tions described in section 212(n)(2); and 

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

20 verification receipt to such employees. 

21 ‘‘(e) GOOD-FAITH COMPLIANCE.— 

22 ‘‘(1) AFFIRMATIVE DEFENSE.—A person or en23 tity that establishes good faith compliance with the 

24 requirements of this section with respect to the em25 ployment of an individual in the United States has 
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1 established an affirmative defense that the person or 

2 entity has not violated this section. 

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

4 apply if a person or entity engages in an unlawful 

5 immigration-related employment practice described 

6 in subsection (a)(7).’’. 

7 (b) INTERIM DIRECTIVE.—Before the implementa8 tion of the Employment Eligibility Confirmation System 

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

10 under section 274E of the Immigration and Nationality 

11 Act, as added by subsection (a), the Commissioner of So12 cial Security, in coordination with the Secretary of Home13 land Security, shall, to the maximum extent practicable, 

14 implement an interim system to confirm employment eligi15 bility that is consistent with the provisions of such section. 

16 (c) REPORTS.— 

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

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

19 year that the System is in effect, the Comptroller 

20 General of the United States shall submit to the 

21 Committee on the Judiciary of the Senate and the 

22 Committee on the Judiciary of the House of Rep23 resentatives a report on the System. 

24 (2) CONTENTS.—Each report submitted under 

25 paragraph (1) shall include— 
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1 (A) an assessment of the impact of the 

2 System on the employment of unauthorized 

3 workers; 

4 (B) an assessment of the accuracy of the 

5 Employment Eligibility Database maintained by 

6 the Department of Homeland Security and So7 cial Security Administration databases, and 

8 timeliness and accuracy of responses from the 

9 Department of Homeland Security and the So10 cial Security Administration to employers; 

11 (C) an assessment of the privacy, confiden12 tiality, and system security of the System; 

13 (D) assess whether the System is being im14 plemented in a nondiscriminatory manner; and 

15 (E) include recommendations on whether 

16 or not the System should be modified. 

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

18 Section 110 of the Illegal Immigration Reform and 

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

20 is amended— 

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

22 it appears and inserting ‘‘Secretary of Homeland Se23 curity’’; 

24 (2) in subsection (b)— 
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1 (A) in paragraph (1)(C), by striking ‘‘Jus2 tice’’ and inserting ‘‘Homeland Security’’; 

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

4 the end; 

5 (C) in paragraph (5), by striking the pe6 riod at the end and inserting ‘‘; and’’; and 

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

8 ‘‘(6) collects the biometric machine-readable in9 formation from an alien’s visa or immigration-re10 lated document described in section 221(a)(3) of the 

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

12 1201(a)(3) at the time an alien arrives in the United 

13 States and at the time an alien departs from the 

14 United States to determine if such alien is entering, 

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

16 (3) in subsection (f)(1), by striking ‘‘Depart17 ments of Justice and State’’ and inserting ‘‘Depart18 ment of Homeland Security and the Department of 

19 State’’. 

20 SEC. 404. DEPARTMENT OF LABOR INVESTIGATIVE AU21 THORITIES. 

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

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

24 (1) by redesignating subparagraph (H) as sub25 paragraph (J); and 
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1 (2) by inserting after subparagraph (G) the fol2 lowing: 

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

4 investigation of any employer that employs non5 immigrants described in section 101(a)(15)(H)(v)(a) 

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

7 ‘‘(I) certifies that reasonable cause exists 

8 to believe that the employer is out of compli9 ance with the Secure America and Orderly Im10 migration Act or section 274E; and 

11 ‘‘(II) approves the commencement of the 

12 investigation. 

13 ‘‘(ii) In determining whether reasonable cause 

14 exists to initiate an investigation under this section, 

15 the Secretary shall— 

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

17 Employer Electronic Job Registry; 

18 ‘‘(II) monitor the Employment Eligibility 

19 Confirmation System, taking into consideration 

20 whether— 

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

22 the System generate a high volume of ten23 tative nonconfirmation responses relative 

24 to other comparable employers; 
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1 ‘‘(bb) an employer rarely or never 

2 screens hired individuals; 

3 ‘‘(cc) individuals employed by an em4 ployer rarely or never pursue a secondary 

5 verification process as established in sec6 tion 274E; or 

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

8 inappropriate or discriminatory use of the 

9 System, especially those described in sec10 tion 274E(a)(6)(D), exist; and 

11 ‘‘(III) consider any additional evidence 

12 that the Secretary determines appropriate. 

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

14 an investigation under this subparagraph should not 

15 be initiated for lack of completeness or obvious inac16 curacies by the employer in complying with section 

17 101(a)(15)(H)(v)(a).’’. 

18 SEC. 405. PROTECTION OF EMPLOYMENT RIGHTS. 

19 The Secretary and the Secretary of Homeland Secu20 rity shall establish a process under which a nonimmigrant 

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

22 101(a)(15)(H) of the Immigration and Nationality Act (8 

23 U.S.C. 1101(a)(15)(H)) who files a nonfrivolous com24 plaint regarding a violation of this section and is otherwise 

25 eligible to remain and work in the United States may be 
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1 allowed to seek other appropriate employment in the 

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

3 the maximum period of stay authorized for that non4 immigrant classification. 

5 SEC. 406. INCREASED FINES FOR PROHIBITED BEHAVIOR. 

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

7 Nationality Act (8 U.S.C. 1324b(g)(2)(B)(iv)) is amend8 ed— 

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

10 $250 and not more than $2,000’’ and inserting ‘‘not 

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

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

13 $2,000 and not more than $5,000’’ and inserting 

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

15 and 

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

17 $3,000 and not more than $10,000’’ and inserting 

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

19 TITLE V—PROMOTING CIR20 CULAR MIGRATION PAT21 TERNS 

22 SEC. 501. LABOR MIGRATION FACILITATION PROGRAMS. 

23 (a) AUTHORITY FOR PROGRAM.— 

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

25 authorized to enter into an agreement to establish 
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1 and administer a labor migration facilitation pro2 gram jointly with the appropriate official of a for3 eign government whose citizens participate in the 

4 temporary worker program authorized under section 

5 101(a)(15)(H)(v)(a) of the Immigration and Nation6 ality Act (8 U.S.C. 1101(a)(15)(H)(v)(a)). 

7 (2) PRIORITY.—In establishing programs under 

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

9 priority on establishing such programs with foreign 

10 governments that have a large number of nationals 

11 working as temporary workers in the United States 

12 under such section 101(a)(15)(H)(v)(a). The Sec13 retary shall enter into such agreements not later 

14 than 3 months after the date of enactment of this 

15 Act or as soon thereafter as is practicable. 

16 (3) ELEMENTS OF PROGRAM.—A program es17 tablished under paragraph (1) may provide for— 

18 (A) the Secretary of State, in conjunction 

19 with the Secretary of Homeland Security and 

20 the Secretary of Labor, to confer with a foreign 

21 government— 

22 (i) to establish and implement a pro23 gram to assist temporary workers from 

24 such a country to obtain nonimmigrant 
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1 status under such section 

2 101(a)(15)(H)(v)(a); 

3 (ii) to establish programs to create 

4 economic incentives for aliens to return to 

5 their home country. 

6 (B) the foreign government to monitor the 

7 participation of its nationals in such a tem8 porary worker program, including departure 

9 from and return to a foreign country; 

10 (C) the foreign government to develop and 

11 promote a reintegration program available to 

12 such individuals upon their return from the 

13 United States; 

14 (D) the foreign government to promote or 

15 facilitate travel of such individuals between the 

16 country of origin and the United States; and 

17 (E) any other matters that the foreign gov18 ernment and United States find appropriate to 

19 enable such individuals to maintain strong ties 

20 to their country of origin. 

21 SEC. 502. BILATERAL EFFORTS WITH MEXICO TO REDUCE 

22 MIGRATION PRESSURES AND COSTS. 

23 (a) FINDINGS.—Congress makes the following find24 ings: 
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1 (1) Migration from Mexico to the United States 

2 is directly linked to the degree of economic oppor3 tunity and the standard of living in Mexico. 

4 (2) Mexico comprises a prime source of migra5 tion to the United States. 

6 (3) Remittances from Mexican citizens working 

7 in the United States reached a record high of nearly 

8 $17,000,000,000 in 2004. 

9 (4) Migration patterns may be reduced from 

10 Mexico to the United States by addressing the de11 gree of economic opportunity available to Mexican 

12 citizens. 

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

14 and cannot be readily used as collateral for loans. 

15 (6) A majority of Mexican businesses are small 

16 or medium size with limited access to financial cap17 ital. 

18 (7) These factors constitute a major impedi19 ment to broad-based economic growth in Mexico. 

20 (8) Approximately 20 percent of Mexico’s popu21 lation works in agriculture, with the majority of this 

22 population working on small farms and few on large 

23 commercial enterprises. 

24 (9) The Partnership for Prosperity is a bilateral 

25 initiative launched jointly by the President of the 
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1 United States and the President of Mexico in 2001, 

2 which aims to boost the social and economic stand3 ards of Mexican citizens, particularly in regions 

4 where economic growth has lagged and emigration 

5 has increased. 

6 (10) The Presidents of Mexico and the United 

7 States and the Prime Minister of Canada, at their 

8 trilateral summit on March 23, 2005, agreed to pro9 mote economic growth, competitiveness, and quality 

10 of life in the agreement on Security and Prosperity 

11 Partnership of North America. 

12 (b) SENSE OF CONGRESS REGARDING PARTNERSHIP

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

14 United States and Mexico should accelerate the implemen15 tation of the Partnership for Prosperity to help generate 

16 economic growth and improve the standard of living in 

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

18 (1) increasing access for poor and under served 

19 populations in Mexico to the financial services sec20 tor, including credit unions; 

21 (2) assisting Mexican efforts to formalize its 

22 extra-legal sector, including the issuance of formal 

23 land titles, to enable Mexican citizens to use their 

24 assets to procure capital; 
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1 (3) facilitating Mexican efforts to establish an 

2 effective rural lending system for small- and me3 dium-sized farmers that will— 

4 (A) provide long term credit to borrowers; 

5 (B) develop a viable network of regional 

6 and local intermediary lending institutions; and 

7 (C) extend financing for alternative rural 

8 economic activities beyond direct agricultural 

9 production; 

10 (4) expanding efforts to reduce the transaction 

11 costs of remittance flows in order to increase the 

12 pool of savings available to help finance domestic in13 vestment in Mexico; 

14 (5) encouraging Mexican corporations to adopt 

15 internationally recognized corporate governance 

16 practices, including anti-corruption and transparency 

17 principles; 

18 (6) enhancing Mexican efforts to strengthen 

19 governance at all levels, including efforts to improve 

20 transparency and accountability, and to eliminate 

21 corruption, which is the single biggest obstacle to de22 velopment; 

23 (7) assisting the Government of Mexico in im24 plementing all provisions of the Inter-American Con25 vention Against Corruption (ratified by Mexico on 
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1 May 27, 1997) and urging the Government of Mex2 ico to participate fully in the Convention’s formal 

3 implementation monitoring mechanism; 

4 (8) helping the Government of Mexico to 

5 strengthen education and training opportunities 

6 throughout the country, with a particular emphasis 

7 on improving rural education; and 

8 (9) encouraging the Government of Mexico to 

9 create incentives for persons who have migrated to 

10 the United States to return to Mexico. 

11 (c) SENSE OF CONGRESS REGARDING BILATERAL

12 PARTNERSHIP ON HEALTH CARE.—It is the sense of Con13 gress that the Government of the United States and the 

14 Government of Mexico should enter into a partnership to 

15 examine uncompensated and burdensome health care costs 

16 incurred by the United States due to legal and illegal im17 migration, including— 

18 (1) increasing health care access for poor and 

19 under served populations in Mexico; 

20 (2) assisting Mexico in increasing its emergency 

21 and trauma health care facilities along the border, 

22 with emphasis on expanding prenatal care in the 

23 United States–Mexico border region; 

24 (3) facilitating the return of stable, incapaci25 tated workers temporarily employed in the United 
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1 States to Mexico in order to receive extended, long2 term care in their home country; and 

3 (4) helping the Government of Mexico to estab4 lish a program with the private sector to cover the 

5 health care needs of Mexican nationals temporarily 

6 employed in the United States. 

7 TITLE VI—FAMILY UNITY AND 

8 BACKLOG REDUCTION 

9 SEC. 601. ELIMINATION OF EXISTING BACKLOGS. 

10 (a) FAMILY-SPONSORED IMMIGRANTS.—Section 

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

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

13 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM14 MIGRANTS.—The worldwide level of family-sponsored im15 migrants under this subsection for a fiscal year is equal 

16 to the sum of— 

17 ‘‘(1) 480,000; 

18 ‘‘(2) the difference between the maximum num19 ber of visas authorized to be issued under this sub20 section during the previous fiscal year and the num21 ber of visas issued during the previous fiscal year; 

22 and 

23 ‘‘(3) the difference between— 

24 ‘‘(A) the maximum number of visas au25 thorized to be issued under this subsection dur-
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1 ing fiscal years 2001 through 2005 minus the 

2 number of visas issued under this subsection 

3 during those years; and 

4 ‘‘(B) the number of visas described in sub5 paragraph (A) that were issued after fiscal year 

6 2005.’’. 

7 (b) EMPLOYMENT-BASED IMMIGRANTS.—Section 

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

9 1151(d)) is amended to read as follows: 

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

11 IMMIGRANTS.—The worldwide level of employment-based 

12 immigrants under this subsection for a fiscal year is equal 

13 to the sum of— 

14 ‘‘(1) 290,000; 

15 ‘‘(2) the difference between the maximum num16 ber of visas authorized to be issued under this sub17 section during the previous fiscal year and the num18 ber of visas issued during the previous fiscal year; 

19 and 

20 ‘‘(3) the difference between— 

21 ‘‘(A) the maximum number of visas au22 thorized to be issued under this subsection dur23 ing fiscal years 2001 through 2005 and the 

24 number of visa numbers issued under this sub25 section during those years; and 
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1 ‘‘(B) the number of visas described in sub2 paragraph (A) that were issued after fiscal year 

3 2005.’’. 

4 SEC. 602. COUNTRY LIMITS. 

5 Section 202(a) of the Immigration and Nationality 

6 Act (8 U.S.C. 1152(a)) is amended— 

7 (1) in paragraph (2)— 

8 (A) by striking ‘‘, (4), and (5)’’ and insert9 ing ‘‘and (4)’’; and 

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

11 a single foreign state) or 2 percent’’ and insert12 ing ‘‘10 percent (in the case of a single foreign 

13 state) or 5 percent’’; and 

14 (2) by striking paragraph (5). 

15 SEC. 603. ALLOCATION OF IMMIGRANT VISAS. 

16 (a) PREFERENCE ALLOCATION FOR FAMILY-SPON17 SORED IMMIGRANTS.—Section 203(a) of the Immigration 

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

19 read as follows: 

20 ‘‘(a) PREFERENCE ALLOCATIONS FOR FAMILY-SPON21 SORED IMMIGRANTS.—Aliens subject to the worldwide 

22 level specified in section 201(c) for family-sponsored immi23 grants shall be allocated visas as follows: 

24 ‘‘(1) UNMARRIED SONS AND DAUGHTERS OF

25 CITIZENS.—Qualified immigrants who are the un-
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1 married sons or daughters of citizens of the United 

2 States shall be allocated visas in a quantity not to 

3 exceed 10 percent of such worldwide level plus any 

4 visas not required for the class specified in para5 graph (4). 

6 ‘‘(2) SPOUSES AND UNMARRIED SONS AND

7 DAUGHTERS OF PERMANENT RESIDENT ALIENS.— 

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

9 worldwide level plus any visas not required for the 

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

11 qualified immigrants— 

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

13 alien lawfully admitted for permanent residence, 

14 which visas shall constitute not less than 77 

15 percent of the visas allocated under this para16 graph; or 

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

18 daughters of an alien lawfully admitted for per19 manent residence. 

20 ‘‘(3) MARRIED SONS AND DAUGHTERS OF CITI21 ZENS.—Qualified immigrants who are the married 

22 sons and daughters of citizens of the United States 

23 shall be allocated visas in a quantity not to exceed 

24 10 percent of such worldwide level plus any visas not 
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1 required for the classes specified in paragraphs (1) 

2 and (2). 

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

4 Qualified immigrants who are the brothers or sisters 

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

6 years of age shall be allocated visas in a quantity 

7 not to exceed 30 percent of the worldwide level plus 

8 any visas not required for the classes specified in 

9 paragraphs (1) through (3).’’. 

10 (b) PREFERENCE ALLOCATION FOR EMPLOYMENT11 BASED IMMIGRANTS.—Section 203(b) of the Immigration 

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

13 (1) in paragraph (1), by striking ‘‘28.6 per14 cent’’ and inserting ‘‘20 percent’’; 

15 (2) in paragraph (2)(A), by striking ‘‘28.6 per16 cent’’ and inserting ‘‘20 percent’’; 

17 (3) in paragraph (3)(A)— 

18 (A) by striking ‘‘28.6 percent’’ and insert19 ing ‘‘35 percent’’; and 

20 (B) by striking clause (iii); 

21 (4) by striking paragraph (4); 

22 (5) by redesignating paragraph (5) as para23 graph (4); 

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

25 striking ‘‘7.1 percent’’ and inserting ‘‘5 percent’’; 
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1 (7) by inserting after paragraph (4), as redesig2 nated, the following: 

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

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

5 such worldwide level, plus any visa numbers not re6 quired for the classes specified in paragraphs (1) 

7 through (4), to qualified immigrants who are capa8 ble, at the time of petitioning for classification under 

9 this paragraph, of performing unskilled labor that is 

10 not of a temporary or seasonal nature, for which 

11 qualified workers are determined to be unavailable in 

12 the United States, or to nonimmigrants under sec13 tion 101(a)(15)(H)(v)(a).’’; and 

14 (8) by striking paragraph (6). 

15 (c) CONFORMING AMENDMENTS.— 

16 (1) DEFINITION OF SPECIAL IMMIGRANT.—Sec17 tion 101(a)(27)(M) of the Immigration and Nation18 ality Act (8 U.S.C. 1101(a)(27)(M)) is amended by 

19 striking ‘‘subject to the numerical limitations of sec20 tion 203(b)(4),’’. 

21 (2) REPEAL OF TEMPORARY REDUCTION IN

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

23 Adjustment and Central American Relief Act (8 

24 U.S.C. 1153 note) is repealed. 
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1 SEC. 604. RELIEF FOR CHILDREN AND WIDOWS. 

2 (a) IN GENERAL.—Section 201(b)(2)(A)(i) of the Im3 migration and Nationality Act (8 U.S.C. 

4 1151(b)(2)(A)(i)) is amended by striking ‘‘spouses, and 

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

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

7 to join them), the spouses (and their children who are ac8 companying or following to join them), and the parents 

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

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

11 (b) PETITION.—Section 204(a)(1)(A)(ii) of the Im12 migration and Nationality Act (8 U.S.C. 1154 

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

14 or alien parent described in the third sentence of section 

15 201(b)(2)(A)(i)’’ after ‘‘section 201(b)(2)(A)(i)’’. 

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

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

18 amended by adding at the end the following: 

19 ‘‘(n) APPLICATIONS FOR ADJUSTMENT OF STATUS

20 BY SURVIVING SPOUSES, CHILDREN, AND PARENTS.— 

21 ‘‘(1) IN GENERAL.—Notwithstanding sub22 sections (a) and (c) (except subsection (c)(6)), any 

23 alien described in paragraph (2) who applied for ad24 justment of status prior to the death of the quali25 fying relative, may have such application adjudicated 

26 as if such death had not occurred. 
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1 ‘‘(2) ALIEN DESCRIBED.—An alien described in 

2 this paragraph is an alien who— 

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

4 in section 201(b)(2)(A)(i)); 

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

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

7 203); 

8 ‘‘(C) is a derivative beneficiary of an em9 ployment-based immigrant under section 

10 203(b), as described in section 203(d); or 

11 ‘‘(D) is a derivative beneficiary of a diver12 sity immigrant (as described in section 

13 203(c)).’’. 

14 (d) TRANSITION PERIOD.—Notwithstanding a denial 

15 of an application for adjustment of status not more than 

16 2 years before the date of enactment of this Act, in the 

17 case of an alien whose qualifying relative died before the 

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

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

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

21 of this Act. 

22 SEC. 605. AMENDING THE AFFIDAVIT OF SUPPORT RE23 QUIREMENTS. 

24 Section 213A of the Immigration and Nationality Act 

25 (8 U.S.C. 1183a) is amended— 
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1 (1) in subsection (a)(1)(A), by striking ‘‘125’’ 

2 and inserting ‘‘100’’; and 

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

4 place it appears and inserting ‘‘100’’. 

5 SEC. 606. DISCRETIONARY AUTHORITY. 

6 Section 212(i) of the Immigration and Nationality 

7 Act (8 U.S.C. 1182(i)) is amended— 

8 (1) by redesignating paragraph (2) as para9 graph (3); and 

10 (2) by inserting after paragraph (1) the fol11 lowing: 

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

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

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

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

16 States citizen or of an alien lawfully admitted 

17 for permanent residence, if the Secretary of 

18 Homeland Security determines that the refusal 

19 of admission to the United States of such immi20 grant alien would result in extreme hardship to 

21 the citizen or lawfully resident spouse, child, 

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

23 ‘‘(ii) in the case of an alien granted classi24 fication under clause (iii) or (iv) of section 

25 204(a)(1)(A) or clause (ii) or (iii) of section 
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1 204(a)(1)(B), the alien demonstrates extreme 

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

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

4 citizen, a lawful permanent resident, or a quali5 fied alien. 

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

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

8 SEC. 607. FAMILY UNITY. 

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

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

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

12 ‘‘18’’ and inserting ‘‘21’’; and 

13 (2) in subparagraph (C)(ii)— 

14 (A) by redesignating subclauses (1) and 

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

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

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

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

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

20 ‘‘(D) WAIVER.— 

21 ‘‘(i) IN GENERAL.—The Secretary 

22 may waive the application of subpara23 graphs (B) and (C) for an alien who is a 

24 beneficiary of a petition filed under sec25 tions 201 and 203 if such petition was 
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1 filed on or before the date of introduction 

2 of Secure America and Orderly Immigra3 tion Act. 

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

5 a waiver under clause (i) shall pay a 

6 $2,000 fine.’’. 

7 TITLE VII—H–5B 

8 NONIMMIGRANTS 

9 SEC. 701. H–5B NONIMMIGRANTS. 

10 (a) IN GENERAL.—Chapter 5 of title II of the Immi11 gration and Nationality Act (8 U.S.C. 1255 et seq.) is 

12 amended by adding after section 250 the following: 

13 ‘‘H–5B NONIMMIGRANTS

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

15 Homeland Security shall adjust the status of an alien to 

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

17 if the alien— 

18 ‘‘(1) submits an application for such adjust19 ment; and 

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

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

22 shall establish that the alien— 

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

24 the date on which the Secure America and Orderly 

25 Immigration Act was introduced, and has been con26 tinuously in the United States since such date; and 
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1 ‘‘(2) was not legally present in the United 

2 States on the date on which the Secure America and 

3 Orderly Immigration Act was introduced under any 

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

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

6 any other provision of law, the Secretary of Homeland Se7 curity shall, if the person is otherwise eligible under sub8 section (b)— 

9 ‘‘(1) adjust the status to that of a non10 immigrant under section 101(a)(15)(H)(v)(b) for, or 

11 provide a nonimmigrant visa to, the spouse or child 

12 of an alien who is provided nonimmigrant status 

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

14 ‘‘(2) adjust the status to that of a non15 immigrant under section 101(a)(15)(H)(v)(b) for an 

16 alien who, before the date on which the Secure 

17 America and Orderly Immigration Act was intro18 duced in Congress, was the spouse or child of an 

19 alien who is provided nonimmigrant status under 

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

21 status, if— 

22 ‘‘(A) the termination of the qualifying rela23 tionship was connected to domestic violence; 

24 and 
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1 ‘‘(B) the spouse or child has been battered 

2 or subjected to extreme cruelty by the spouse or 

3 parent alien who is provided nonimmigrant sta4 tus under section 101(a)(15)(H)(v)(b). 

5 ‘‘(d) OTHER CRITERIA.— 

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

7 nonimmigrant status under section 

8 101(a)(15)(H)(v)(b), or granted status as the spouse 

9 or child of an alien eligible for such status under 

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

11 alien— 

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

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

14 in paragraph (2); or 

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

16 otherwise participated in the persecution of any 

17 person on account of race, religion, nationality, 

18 membership in a particular social group, or po19 litical opinion. 

20 ‘‘(2) GROUNDS OF INADMISSIBILITY.—In deter21 mining an alien’s admissibility under paragraph 

22 (1)(A)— 

23 ‘‘(A) paragraphs (5), (6)(A), (6)(B), 

24 (6)(C), (6)(F), (6)(G), (7), (9), and (10)(B) of 

25 section 212(a) shall not apply for conduct that 
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1 occurred before the date on which the Secure 

2 America and Orderly Immigration Act was in3 troduced; 

4 ‘‘(B) the Secretary of Homeland Security 

5 may not waive— 

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

7 (G), (H), or (I) of section 212(a)(2) (relat8 ing to criminals); 

9 ‘‘(ii) section 212(a)(3) (relating to se10 curity and related grounds); or 

11 ‘‘(iii) subparagraph (A) or (C) of sec12 tion 212(a)(10) (relating to polygamists 

13 and child abductors); 

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

15 date on which the Secure America and Orderly 

16 Immigration Act was introduced, the Secretary 

17 of Homeland Security may waive the applica18 tion of any provision of section 212(a) not list19 ed in subparagraph (B) on behalf of an indi20 vidual alien for humanitarian purposes, to en21 sure family unity, or when such waiver is other22 wise in the public interest; and 

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

24 construed as affecting the authority of the Sec25 retary of Homeland Security other than under 
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1 this paragraph to waive the provisions of sec2 tion 212(a). 

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

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

5 an alien who is applying for adjustment of status in 

6 accordance with this title for conduct that occurred 

7 before the date on which the Secure America and 

8 Orderly Immigration Act was introduced. 

9 ‘‘(e) EMPLOYMENT.— 

10 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

11 Security may not adjust the status of an alien to 

12 that of a nonimmigrant under section 

13 101(a)(15)(H)(v)(b) unless the alien establishes that 

14 the alien— 

15 ‘‘(A) was employed in the United States, 

16 whether full time, part time, seasonally, or self17 employed, before the date on which the Secure 

18 America and Orderly Immigration Act was in19 troduced; and 

20 ‘‘(B) has been employed in the United 

21 States since that date. 

22 ‘‘(2) EVIDENCE OF EMPLOYMENT.— 

23 ‘‘(A) CONCLUSIVE DOCUMENTS.—An alien 

24 may conclusively establish employment status in 

25 compliance with paragraph (1) by submitting to 
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1 the Secretary of Homeland Security records 

2 demonstrating such employment maintained 

3 by— 

4 ‘‘(i) the Social Security Administra5 tion, Internal Revenue Service, or by any 

6 other Federal, State, or local government 

7 agency; 

8 ‘‘(ii) an employer; or 

9 ‘‘(iii) a labor union, day labor center, 

10 or an organization that assists workers in 

11 matters related to employment. 

12 ‘‘(B) OTHER DOCUMENTS.—An alien who 

13 is unable to submit a document described in 

14 clauses (i) through (iii) of subparagraph (A) 

15 may satisfy the requirement in paragraph (1) 

16 by submitting to the Secretary at least 2 other 

17 types of reliable documents that provide evi18 dence of employment, including— 

19 ‘‘(i) bank records; 

20 ‘‘(ii) business records; 

21 ‘‘(iii) sworn affidavits from nonrel22 atives who have direct knowledge of the 

23 alien’s work; or 

24 ‘‘(iv) remittance records. 
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1 ‘‘(3) INTENT OF CONGRESS.—It is the intent of 

2 Congress that the requirement in this subsection be 

3 interpreted and implemented in a manner that rec4 ognizes and takes into account the difficulties en5 countered by aliens in obtaining evidence of employ6 ment due to the undocumented status of the alien. 

7 ‘‘(4) BURDEN OF PROOF.—An alien described 

8 in paragraph (1) who is applying for adjustment of 

9 status under this section has the burden of proving 

10 by a preponderance of the evidence that the alien 

11 has satisfied the requirements of this subsection. An 

12 alien may meet such burden of proof by producing 

13 sufficient evidence to demonstrate such employment 

14 as a matter of reasonable inference. 

15 ‘‘(f) SPECIAL RULES FOR MINORS AND INDIVIDUALS

16 WHO ENTERED AS MINORS.—The employment require17 ments under this section shall not apply to any alien under 

18 21 years of age. 

19 ‘‘(g) EDUCATION PERMITTED.—An alien may satisfy 

20 the employment requirements under this section, in whole 

21 or in part, by full-time attendance at— 

22 ‘‘(1) an institution of higher education (as de23 fined in section 101 of the Higher Education Act of 

24 1965 (20 U.S.C. 1001)); or 
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1 ‘‘(2) a secondary school (as defined in section 

2 9101 of the Elementary and Secondary Education 

3 Act of 1965 (20 U.S.C. 7801)). 

4 ‘‘(h) SECURITY AND LAW ENFORCEMENT BACK5 GROUND CHECKS.— 

6 ‘‘(1) SUBMISSION OF FINGERPRINTS.—An alien 

7 may not be granted nonimmigrant status under sec8 tion 101(a)(15)(H)(v)(b), or granted status as the 

9 spouse or child of an alien eligible for such status 

10 under subsection (c), unless the alien submits finger11 prints in accordance with procedures established by 

12 the Secretary of Homeland Security. 

13 ‘‘(2) BACKGROUND CHECKS.—The Secretary of 

14 Homeland Security shall utilize fingerprints and 

15 other data provided by the alien to conduct a back16 ground check of such alien relating to criminal, na17 tional security, or other law enforcement actions 

18 that would render the alien ineligible for adjustment 

19 of status as described in this section. 

20 ‘‘(3) EXPEDITIOUS PROCESSING.—The back21 ground checks required under paragraph (2) shall be 

22 conducted as expeditiously as possible. 

23 ‘‘(i) PERIOD OF AUTHORIZED STAY AND APPLICA24 TION FEE AND FINE.— 

25 ‘‘(1) PERIOD OF AUTHORIZED STAY.— 
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1 ‘‘(A) IN GENERAL.—The period of author2 ized stay for a nonimmigrant described in sec3 tion 101(a)(15)(H)(v)(b) shall be 6 years. 

4 ø(B) LIMITATION.—The Secretary of 

5 Homeland Security may not authorize a change 

6 from such nonimmigrant classification to any 

7 other immigrant or nonimmigrant classification 

8 until the termination of the 6-year period de9 scribed in subparagraph (A). The Secretary 

10 may only extend such period to accommodate 

11 the processing of an application for adjustment 

12 of status under section 245B.¿ 

13 ‘‘(2) APPLICATION FEE.—The Secretary of 

14 Homeland Security shall impose a fee for filing an 

15 application for adjustment of status under this sec16 tion. Such fee shall be sufficient to cover the admin17 istrative and other expenses incurred in connection 

18 with the review of such applications. 

19 ‘‘(3) FINES.— 

20 ‘‘(A) IN GENERAL.—In addition to the fee 

21 required under paragraph (2), the Secretary of 

22 Homeland Security may accept an application 

23 for adjustment of status under this section only 

24 if the alien pays a $1,000 fine. 
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1 ‘‘(B) EXCEPTION.—Fines paid under this 

2 paragraph shall not be required from an alien 

3 under the age of 21. 

4 ‘‘(4) COLLECTION OF FEES AND FINES.—All 

5 fees and fines collected under this section shall be 

6 deposited in the Treasury in accordance with section 

7 286(w). 

8 ‘‘(j) TREATMENT OF APPLICANTS.— 

9 ‘‘(1) IN GENERAL.—An alien who files an appli10 cation under this section, including the alien’s 

11 spouse or child— 

12 ‘‘(A) shall be granted employment author13 ization pending final adjudication of the alien’s 

14 application for adjustment of status; 

15 ‘‘(B) shall be granted permission to travel 

16 abroad; 

17 ‘‘(C) may not be detained, determined in18 admissible or deportable, or removed pending 

19 final adjudication of the alien’s application for 

20 adjustment of status, unless the alien, through 

21 conduct or criminal conviction, becomes ineli22 gible for such adjustment of status; and 

23 ‘‘(D) may not be considered an unauthor24 ized alien (as defined in section 274A(h)(3)) 
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1 until employment authorization under subpara2 graph (A) is denied. 

3 ‘‘(2) BEFORE APPLICATION PERIOD.—If an 

4 alien is apprehended after the date of enactment of 

5 this section, but before the promulgation of regula6 tions pursuant to this section, and the alien can es7 tablish prima facie eligibility as a nonimmigrant 

8 under section 101(a)(15)(H)(v)(b), the Secretary of 

9 Homeland Security shall provide the alien with a 

10 reasonable opportunity, after promulgation of regu11 lations, to file an application for adjustment. 

12 ‘‘(3) DURING CERTAIN PROCEEDINGS.—Not13 withstanding any provision of this Act, an alien who 

14 is in removal proceedings shall have an opportunity 

15 to apply for adjustment of status under this title un16 less a final administrative determination has been 

17 made. 

18 ‘‘(4) RELATIONSHIPS OF APPLICATION TO CER19 TAIN ORDERS.—An alien who is present in the 

20 United States and has been ordered excluded, de21 ported, removed, or ordered to depart voluntarily 

22 from the United States under any provision of this 

23 Act may, notwithstanding such order, apply for ad24 justment of status in accordance with this section. 

25 Such an alien shall not be required to file a separate 
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1 motion to reopen, reconsider, or vacate the exclu2 sion, deportation, removal, or voluntary departure 

3 order. If the Secretary of Homeland Security grants 

4 the application, the Secretary shall cancel such 

5 order. If the Secretary of Homeland Security ren6 ders a final administrative decision to deny the ap7 plication, such order shall be effective and enforce8 able to the same extent as if the application had not 

9 been made. 

10 ‘‘(k) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

11 ‘‘(1) ADMINISTRATIVE REVIEW.— 

12 ‘‘(A) SINGLE LEVEL OF ADMINISTRATIVE

13 APPELLATE REVIEW.—The Secretary of Home14 land Security shall establish an appellate au15 thority within the United States Citizenship 

16 and Immigration Services to provide for a sin17 gle level of administrative appellate review of a 

18 determination respecting an application for ad19 justment of status under this section. 

20 ‘‘(B) STANDARD FOR REVIEW.—Adminis21 trative appellate review referred to in subpara22 graph (A) shall be based solely upon the admin23 istrative record established at the time of the 

24 determination on the application and upon the 
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1 presentation of additional or newly discovered 

2 evidence during the time of the pending appeal. 

3 ‘‘(2) JUDICIAL REVIEW.— 

4 ‘‘(A) IN GENERAL.—There shall be judicial 

5 review in the Federal courts of appeal of the de6 nial of an application for adjustment of status 

7 under this section. Notwithstanding any other 

8 provision of law, the standard for review of 

9 such a denial shall be governed by subpara10 graph (B). 

11 ‘‘(B) STANDARD FOR JUDICIAL REVIEW.— 

12 Judicial review of a denial of an application 

13 under this section shall be based solely upon the 

14 administrative record established at the time of 

15 the review. The findings of fact and other de16 terminations contained in the record shall be 

17 conclusive unless the applicant can establish 

18 abuse of discretion or that the findings are di19 rectly contrary to clear and convincing facts 

20 contained in the record, considered as a whole. 

21 ‘‘(C) JURISDICTION OF COURTS.— 

22 ‘‘(i) IN GENERAL.—Notwithstanding 

23 any other provision of law, the district 

24 courts of the United States shall have ju25 risdiction over any cause or claim arising 
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1 from a pattern or practice of the Secretary 

2 of Homeland Security in the operation or 

3 implementation of this section that is arbi4 trary, capricious, or otherwise contrary to 

5 law, and may order any appropriate relief. 

6 ‘‘(ii) REMEDIES.—A district court 

7 may order any appropriate relief under 

8 clause (i) if the court determines that reso9 lution of such cause or claim will serve ju10 dicial and administrative efficiency or that 

11 a remedy would otherwise not be reason12 ably available or practicable. 

13 ‘‘(3) STAY OF REMOVAL.—Aliens seeking ad14 ministrative or judicial review under this subsection 

15 shall not be removed from the United States until a 

16 final decision is rendered establishing ineligibility 

17 under this section. 

18 ‘‘(l) CONFIDENTIALITY OF INFORMATION.— 

19 ‘‘(1) IN GENERAL.—Except as otherwise pro20 vided in this subsection, no Federal agency or bu21 reau, nor any officer, employee, or agent of such 

22 agency or bureau, may— 

23 ‘‘(A) use the information furnished by the 

24 applicant pursuant to an application filed under 
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1 this section for any purpose other than to make 

2 a determination on the application; 

3 ‘‘(B) make any publication through which 

4 the information furnished by any particular ap5 plicant can be identified; or 

6 ‘‘(C) permit anyone other than the sworn 

7 officers and employees of such agency or bureau 

8 to examine individual applications. 

9 ‘‘(2) REQUIRED DISCLOSURES.—The Secretary 

10 of Homeland Security shall provide the information 

11 furnished pursuant to an application filed under this 

12 section, and any other information derived from 

13 such furnished information, to a duly recognized law 

14 enforcement entity in connection with a criminal in15 vestigation or prosecution or a national security in16 vestigation or prosecution, in each instance about an 

17 individual suspect or group of suspects, when such 

18 information is requested in writing by such entity. 

19 ‘‘(3) CRIMINAL PENALTY.—Any person who 

20 knowingly uses, publishes, or permits information to 

21 be examined in violation of this subsection shall be 

22 fined not more than $10,000. 

23 ‘‘(m) PENALTIES FOR FALSE STATEMENTS IN AP24 PLICATIONS.— 

25 ‘‘(1) CRIMINAL PENALTY.— 
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1 ‘‘(A) VIOLATION.—It shall be unlawful for 

2 any person— 

3 ‘‘(i) to file or assist in filing an appli4 cation for adjustment of status under this 

5 section and knowingly and willfully falsify, 

6 misrepresent, conceal, or cover up a mate7 rial fact or make any false, fictitious, or 

8 fraudulent statements or representations, 

9 or make or use any false writing or docu10 ment knowing the same to contain any 

11 false, fictitious, or fraudulent statement or 

12 entry; or 

13 ‘‘(ii) to create or supply a false writ14 ing or document for use in making such an 

15 application. 

16 ‘‘(B) PENALTY.—Any person who violates 

17 subparagraph (A) shall be fined in accordance 

18 with title 18, United States Code, imprisoned 

19 not more than 5 years, or both. 

20 ‘‘(2) INADMISSIBILITY.—An alien who is con21 victed of a crime under paragraph (1) shall be con22 sidered to be inadmissible to the United States on 

23 the ground described in section 212(a)(6)(C)(i). 

24 ‘‘(3) EXCEPTION.—Notwithstanding paragraphs 

25 (1) and (2), any alien or other entity (including an 
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1 employer or union) that submits an employment 

2 record that contains incorrect data that the alien 

3 used in order to obtain such employment before the 

4 date on which the Secure America and Orderly Im5 migration Act is introduced, shall not, on that 

6 ground, be determined to have violated this sec7 tion.’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents 

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

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

11 to section 250 the following: 

‘‘Sec. 250A. –5B nonimmigrants.’’. 

12 SEC. 702. ADJUSTMENT OF STATUS FOR H–5B NON13 IMMIGRANTS. 

14 (a) IN GENERAL.—Chapter 5 of title II of the Immi15 gration and Nationality Act (8 U.S.C. 1255 et seq.) is 

16 amended by inserting after section 245A the following: 

17 ‘‘ADJUSTMENT OF STATUS OF FORMER H–5B NON18 IMMIGRANT TO THAT OF PERSON ADMITTED FOR

19 LAWFUL PERMANENT RESIDENCE

20 ‘‘SEC. 245B. (a) REQUIREMENTS.—The Secretary 

21 shall adjust the status of an alien from nonimmigrant sta22 tus under section 101(a)(15)(H)(v)(b) to that of an alien 

23 lawfully admitted for permanent residence under this sec24 tion if the alien satisfies the following requirements: 
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1 ‘‘(1) COMPLETION OF EMPLOYMENT OR EDU2 CATION REQUIREMENT.—The alien establishes that 

3 the alien has been employed in the United States, ei4 ther full time, part time, seasonally, or self-em5 ployed, or has met the education requirements of 

6 subsection (f) or (g) of section 250A during the pe7 riod required by section 250A(e). 

8 ‘‘(2) RULEMAKING.—The Secretary shall estab9 lish regulations for the timely filing and processing 

10 of applications for adjustment of status for non11 immigrants under section 101(a)(15)(H)(v)(b). 

12 ‘‘(3) APPLICATION AND FEE.—The alien who 

13 applies for adjustment of status under this section 

14 shall pay the following: 

15 ‘‘(A) APPLICATION FEE.—An alien who 

16 files an application under section 245B of the 

17 Immigration and Nationality Act, shall pay an 

18 application fee, set by the Secretary. 

19 ‘‘(B) ADDITIONAL FINE.—Before the adju20 dication of an application for adjustment of sta21 tus filed under this section, an alien who is at 

22 least 21 years of age shall pay a fine of $1,000. 

23 ‘‘(4) ADMISSIBLE UNDER IMMIGRATION

24 LAWS.—The alien establishes that the alien is not 

25 inadmissible under section 212(a), except for any 
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1 provision of that section that is not applicable or 

2 waived under section 250A(d)(2). 

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

4 undergo, at the alien’s expense, an appropriate med5 ical examination (including a determination of im6 munization status) that conforms to generally ac7 cepted professional standards of medical practice. 

8 ‘‘(6) PAYMENT OF INCOME TAXES.— 

9 ‘‘(A) IN GENERAL.—Not later than the 

10 date on which status is adjusted under this sec11 tion, the alien shall establish the payment of all 

12 Federal income taxes owed for employment dur13 ing the period of employment required by sec14 tion 250A(e) by establishing that— 

15 ‘‘(i) no such tax liability exists; 

16 ‘‘(ii) all outstanding liabilities have 

17 been met; or 

18 ‘‘(iii) the alien has entered into an 

19 agreement for payment of all outstanding 

20 liabilities with the Internal Revenue Serv21 ice. 

22 ‘‘(B) IRS COOPERATION.—The Commis23 sioner of Internal Revenue shall provide docu24 mentation to an alien upon request to establish 
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1 the payment of all income taxes required by 

2 this paragraph. 

3 ‘‘(7) BASIC CITIZENSHIP SKILLS.— 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 subparagraph (B), the alien shall establish that 

6 the alien— 

7 ‘‘(i) meets the requirements of section 

8 312; or 

9 ‘‘(ii) is satisfactorily pursuing a 

10 course of study to achieve such an under11 standing of English and knowledge and 

12 understanding of the history and govern13 ment of the United States. 

14 ‘‘(B) RELATION TO NATURALIZATION EX15 AMINATION.—An alien who demonstrates that 

16 the alien meets the requirements of section 312 

17 may be considered to have satisfied the require18 ments of that section for purposes of becoming 

19 naturalized as a citizen of the United States 

20 under title III. 

21 ‘‘(8) SECURITY AND LAW ENFORCEMENT BACK22 GROUND CHECKS.—The Secretary shall conduct a 

23 security and law enforcement background check in 

24 accordance with procedures described in section 

25 250A(h). 
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1 ‘‘(9) MILITARY SELECTIVE SERVICE.—The alien 

2 shall establish that if the alien is within the age pe3 riod required under the Military Selective Service 

4 Act (50 U.S.C. App. 451 et seq.), that such alien 

5 has registered under that Act. 

6 ‘‘(b) TREATMENT OF SPOUSES AND CHILDREN.— 

7 ‘‘(1) ADJUSTMENT OF STATUS.—Notwith8 standing any other provision of law, the Secretary of 

9 Homeland Security shall— 

10 ‘‘(A) adjust the status to that of a lawful 

11 permanent resident under this section, or pro12 vide an immigrant visa to the spouse or child 

13 of an alien who adjusts status to that of a per14 manent resident under this section; or 

15 ‘‘(B) adjust the status to that of a lawful 

16 permanent resident under this section for an 

17 alien who was the spouse or child of an alien 

18 who adjusts status or is eligible to adjust status 

19 to that of a permanent resident under section 

20 245B in accordance with subsection (a), if— 

21 ‘‘(i) the termination of the qualifying 

22 relationship was connected to domestic vio23 lence; and 

24 ‘‘(ii) the spouse or child has been bat25 tered or subjected to extreme cruelty by 
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1 the spouse or parent who adjusts status to 

2 that of a permanent resident under this 

3 section. 

4 ‘‘(2) APPLICATION OF OTHER LAW.—In acting 

5 on applications filed under this subsection with re6 spect to aliens who have been battered or subjected 

7 to extreme cruelty, the Secretary of Homeland Secu8 rity shall apply the provisions of section 

9 204(a)(1)(J) and the protections, prohibitions, and 

10 penalties under section 384 of the Illegal Immigra11 tion Reform and Immigrant Responsibility Act of 

12 1996 (8 U.S.C. 1367). 

13 ‘‘(c) JUDICIAL REVIEW; CONFIDENTIALITY; PEN14 ALTIES.—Subsections (n), (o), and (p) of section 250A 

15 shall apply to this section.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

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

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

19 to section 245A the following: 

‘‘Sec. 245B. Adjustment of status of former H–5B nonimmigrant to that of 

person admitted for lawful permanent residence.’’. 

20 SEC. 703. ALIENS NOT SUBJECT TO DIRECT NUMERICAL 

21 LIMITATIONS. 

22 Section 201(b)(1) of the Immigration and Nationality 

23 Act (8 U.S.C. 1151(b)(1)) is amended— 
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1 (1) in subparagraph (A), by striking ‘‘subpara2 graph (A) or (B) of’’; and 

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

4 ‘‘(F) Aliens whose status is adjusted from the 

5 status described in section 101(a)(15)(H)(v)(b).’’. 

6 SEC. 704. EMPLOYER PROTECTIONS. 

7 (a) IMMIGRATION STATUS OF ALIEN.—Employers of 

8 aliens applying for adjustment of status under section 

9 245B or 250A of the Immigration and Nationality Act, 

10 as added by this title, shall not be subject to civil and 

11 criminal tax liability relating directly to the employment 

12 of such alien prior to such alien receiving employment au13 thorization under this title. 

14 (b) PROVISION OF EMPLOYMENT RECORDS.—Em15 ployers that provide unauthorized aliens with copies of em16 ployment records or other evidence of employment pursu17 ant to an application for adjustment of status under sec18 tion 245B or 250A of the Immigration and Nationality 

19 Act or any other application or petition pursuant to any 

20 other immigration law, shall not be subject to civil and 

21 criminal liability under section 274A of such Act for em22 ploying such unauthorized aliens. 

23 (c) APPLICABILITY OF OTHER LAW.—Nothing in this 

24 section may be used to shield an employer from liability 

25 under section 274B of the Immigration and Nationality 
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1 Act (8 U.S.C. 1324b) or any other labor or employment 

2 law. 

3 SEC. 705. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) IN GENERAL.—There are authorized to be appro5 priated to the Secretary of Homeland Security such sums 

6 as may be necessary to carry out this title and the amend7 ments made by this title. 

8 (b) AVAILABILITY OF FUNDS.—Funds appropriated 

9 pursuant subsection (a) shall remain available until ex10 pended. 

11 (c) SENSE OF CONGRESS.—It is the sense of Con12 gress that funds authorized to be appropriated under sub13 section (a) should be directly appropriated so as to facili14 tate the orderly and timely commencement of the proc15 essing of applications filed under sections 245B and 250A 

16 of the Immigration and Nationality Act, as added by this 

17 Act. 

18 TITLE VIII—PROTECTION 

19 AGAINST IMMIGRATION FRAUD 

20 SEC. 801. RIGHT TO QUALIFIED REPRESENTATION. 

21 Section 292 of the Immigration and Nationality Act 

22 (8 U.S.C. 1362) is amended to read as follows: 

23 ‘‘RIGHT TO QUALIFIED REPRESENTATION IN

24 IMMIGRATION MATTERS

25 ‘‘SEC. 292. (a) AUTHORIZED REPRESENTATIVES IN

26 IMMIGRATION MATTERS.—Only the following individuals 
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1 are authorized to represent an individual in an immigra2 tion matter before any Federal agency or entity: 

3 ‘‘(1) An attorney. 

4 ‘‘(2) A law student who is enrolled in an ac5 credited law school, or a graduate of an accredited 

6 law school who is not admitted to the bar, if— 

7 ‘‘(A) the law student or graduate is ap8 pearing at the request of the individual to be 

9 represented; 

10 ‘‘(B) in the case of a law student, the law 

11 student has filed a statement that the law stu12 dent is participating, under the direct super13 vision of a faculty member, attorney, or accred14 ited representative, in a legal aid program or 

15 clinic conducted by a law school or nonprofit or16 ganization, and that the law student is appear17 ing without direct or indirect remuneration 

18 from the individual the law student represents; 

19 ‘‘(C) in the case of a graduate, the grad20 uate has filed a statement that the graduate is 

21 appearing under the supervision of an attorney 

22 or accredited representative and that the grad23 uate is appearing without direct or indirect re24 muneration from the individual the graduate 

25 represents; and 
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1 ‘‘(D) the law student’s or graduate’s ap2 pearance is— 

3 ‘‘(i) permitted by the official before 

4 whom the law student or graduate wishes 

5 to appear; and 

6 ‘‘(ii) accompanied by the supervising 

7 faculty member, attorney, or accredited 

8 representative, to the extent required by 

9 such official. 

10 ‘‘(3) Any reputable individual, if— 

11 ‘‘(A) the individual is appearing on an in12 dividual case basis, at the request of the indi13 vidual to be represented; 

14 ‘‘(B) the individual is appearing without 

15 direct or indirect remuneration and the indi16 vidual files a written declaration to that effect, 

17 except as described in subparagraph (D); 

18 ‘‘(C) the individual has a pre-existing rela19 tionship or connection with the individual enti20 tled to representation, such as a relative, neigh21 bor, clergyman, business associate, or personal 

22 friend, except that this requirement may be 

23 waived, as a matter of administrative discretion, 

24 in cases where adequate representation would 

25 not otherwise be available; and 
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1 ‘‘(D) if making a personal appearance on 

2 behalf of another individual, the appearance is 

3 permitted by the official before whom the indi4 vidual wishes to appear, except that such per5 mission shall not be granted with respect to any 

6 individual who regularly engages in immigration 

7 and naturalization practice or preparation, or 

8 holds himself or herself out to the public as 

9 qualified to do so. 

10 ‘‘(4) An individual representing a recognized or11 ganization (as described in subsection (f)) who has 

12 been approved to serve as an accredited representa13 tive by the Board of Immigration Appeals under 

14 subsection (f)(2). 

15 ‘‘(5) An accredited official, in the United 

16 States, of the government to which an alien owes al17 legiance, if the official appears solely in his or her 

18 official capacity and with the consent of the person 

19 to be represented. 

20 ‘‘(6) An individual who is licensed to practice 

21 law and is in good standing in a court of general ju22 risdiction of the country in which the individual re23 sides and who is engaged in such practice, if the 

24 person represents persons only in matters outside 

25 the United States and that the official before whom 
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1 such person wishes to appear allows such represen2 tation, as a matter of discretion. 

3 ‘‘(7) An attorney, or an organization rep4 resented by an attorney, may appear, on a case-by5 case basis, as amicus curiae, if the Board of Immi6 gration Appeals grants such permission and the pub7 lic interest will be served by such appearance. 

8 ‘‘(b) FORMER EMPLOYEES.—No individual pre9 viously employed by the Department of Justice, Depart10 ment of State, Department of Labor, or Department of 

11 Homeland Security may be permitted to act as an author12 ized representative under this section, if such authoriza13 tion would violate any other applicable provision of Fed14 eral law or regulation. In addition, any application for 

15 such authorization must disclose any prior employment by 

16 or contract with such agencies for services of any nature. 

17 ‘‘(c) ADVERTISING.—Only an attorney or an indi18 vidual approved under subsection (f)(2) as an accredited 

19 representative may advertise or otherwise hold themselves 

20 out as being able to provide representation in an immigra21 tion matter. This provision shall in no way be deemed to 

22 diminish any Federal or State law to regulate, control, or 

23 enforce laws regarding such advertisement, solicitation, or 

24 offer of representation. 
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1 ‘‘(d) REMOVAL PROCEEDINGS.—In any proceeding 

2 for the removal of an individual from the United States 

3 and in any appeal proceedings from such proceeding, the 

4 individual shall have the privilege, as the individual shall 

5 choose, of being represented (at no expense to the Govern6 ment) by an individual described in subsection (a). Rep7 resentation by an individual other than a person described 

8 in subsection (a) may cause the representative to be sub9 ject to civil penalties or such other penalties as may be 

10 applicable. 

11 ‘‘(e) BENEFITS FILINGS.—In any filing or submis12 sion for an immigration related benefit or a determination 

13 related to the immigration status of an individual made 

14 to the Department of Homeland Security, the Department 

15 of Labor, or the Department of State, the individual shall 

16 have the privilege, as the individual shall choose, of being 

17 represented (at no expense to the Government) by an indi18 vidual described in subsection (a). Representation by an 

19 individual other than an individual described in subsection 

20 (a) is cause for the representative to be subject to civil 

21 or criminal penalties, as may be applicable. 

22 ‘‘(f) RECOGNIZED ORGANIZATIONS AND ACCREDITED

23 REPRESENTATIVES.— 

24 ‘‘(1) RECOGNIZED ORGANIZATIONS.— 
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1 ‘‘(A) IN GENERAL.—The Board of Immi2 gration Appeals may determine that a person is 

3 a recognized organization if such person— 

4 ‘‘(i) is a nonprofit religious, chari5 table, social service, or similar organization 

6 established in the United States that— 

7 ‘‘(I) is recognized by the Board 

8 of Immigration Appeals; and 

9 ‘‘(II) is authorized to designate a 

10 representative to appear in an immi11 gration matter before the Department 

12 of Homeland Security or the Execu13 tive Office for Immigration Review of 

14 the Department of Justice; and 

15 ‘‘(ii) demonstrates to the Board that 

16 such person— 

17 ‘‘(I) makes only nominal charges 

18 and assesses no excessive membership 

19 dues for individuals given assistance; 

20 and 

21 ‘‘(II) has at its disposal adequate 

22 knowledge, information, and experi23 ence. 
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1 ‘‘(B) BONDING.—The Board, in its discre2 tion, may impose a bond requirement on new 

3 organizations seeking recognition. 

4 ‘‘(C) REPORTING OBLIGATIONS.—Recog5 nized organizations shall promptly notify the 

6 Board when the organization no longer meets 

7 the requirements for recognition or when an ac8 credited representative employed by the recog9 nized organization ceases to be employed by the 

10 recognized organization. 

11 ‘‘(2) ACCREDITED REPRESENTATIVES.—The 

12 Board of Immigration Appeals shall approve any 

13 qualified individual designated by a recognized orga14 nization to serve as an accredited representative. 

15 Such individual must be employed by the recognized 

16 organization and must meet all requirements set 

17 forth in this section and in the accompanying regu18 lations to be authorized to represent individuals in 

19 an immigration matter. Accredited representatives, 

20 through their recognized organizations, must certify 

21 their continuing eligibility for accreditation every 3 

22 years with the Board of Immigration Appeals. Ac23 credited representatives who fail to comply with 

24 these requirements shall not have authority to rep-
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1 resent persons in an immigration matter for the rec2 ognized organization. 

3 ‘‘(g) PROHIBITED ACTS.—An individual, other than 

4 an individual authorized to represent an individual under 

5 this section, may not— 

6 ‘‘(1) directly or indirectly provide or offer rep7 resentation regarding an immigration matter for 

8 compensation or contribution; 

9 ‘‘(2) advertise or solicit representation in an im10 migration matter; 

11 ‘‘(3) retain any compensation provided for a 

12 prohibited act described in paragraph (1) or (2), re13 gardless of whether any petition, application, or 

14 other document was filed with any government agen15 cy or entity and regardless of whether a petition, ap16 plication, or other document was prepared or rep17 resented to have been prepared by such individual; 

18 ‘‘(4) represent directly or indirectly that the in19 dividual is an attorney or supervised by or affiliated 

20 with an attorney, when such representation is false; 

21 or 

22 ‘‘(5) violate any applicable civil or criminal stat23 ute or regulation of a State regarding the provision 

24 of representation by providing or offering to provide 
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1 immigration or immigration-related assistance ref2 erenced in this subsection. 

3 ‘‘(h) CIVIL ENFORCEMENT.— 

4 ‘‘(1) IN GENERAL.—Any person, or any entity 

5 acting for the interests of itself, its members, or the 

6 general public (including a Federal law enforcement 

7 official or agency or law enforcement official or 

8 agency of any State or political subdivision of a 

9 State), that has reason to believe that any person is 

10 being or has been injured by reason of a violation of 

11 subsection (g) may commence a civil action in any 

12 court of competent jurisdiction. 

13 ‘‘(2) REMEDIES.— 

14 ‘‘(A) DAMAGES.—In any civil action 

15 brought under this subsection, if the court finds 

16 that the defendant has violated subsection (g), 

17 it shall award actual damages, plus the greater 

18 of— 

19 ‘‘(i) an amount treble the amount of 

20 actual damages; or 

21 ‘‘(ii) $1,000 per violation. 

22 ‘‘(B) INJUNCTIVE RELIEF.—The court 

23 may award appropriate injunctive relief, includ24 ing temporary, preliminary, or permanent in25 junctive relief, and restitution. Injunctive relief 
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1 may include, where appropriate, an order tem2 porarily or permanently enjoining the defendant 

3 from providing any service to any person in any 

4 immigration matter. The court may make such 

5 orders or judgments, including the appointment 

6 of a receiver, as may be necessary to prevent 

7 the commission of any act described in sub8 section (g). 

9 ‘‘(C) ATTORNEY’S FEES.—The court shall 

10 also grant a prevailing plaintiff reasonable at11 torney’s fees and costs, including expert witness 

12 fees. 

13 ‘‘(D) CIVIL PENALTIES.—The court may 

14 also assess a civil penalty not exceeding 

15 $50,000 for a first violation, and not exceeding 

16 $100,000 for subsequent violations. 

17 ‘‘(E) CUMULATIVE REMEDIES.—Unless 

18 otherwise expressly provided, the remedies or 

19 penalties provided under this paragraph are cu20 mulative to each other and to the remedies or 

21 penalties available under all other Federal laws 

22 or laws of the jurisdiction where the violation 

23 occurred. 

24 ‘‘(3) NONPREEMPTION.—Nothing in this sub25 section shall be construed to preempt any other pri-
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1 vate right of action or any right of action pursuant 

2 to the laws of any jurisdiction. 

3 ‘‘(4) DISCOVERY.—Information obtained 

4 through discovery in a civil action under this sub5 section shall not be used in any criminal action. 

6 Upon the request of any party to a civil action under 

7 this subsection, any part of the court file that makes 

8 reference to information discovered in a civil action 

9 under this subsection may be sealed. 

10 ‘‘(i) NONPREEMPTION OF MORE PROTECTIVE STATE

11 AND LOCAL LAWS.—The provisions of this section super12 sede laws, regulations, and municipal ordinances of any 

13 State only to the extent such laws, regulations, and munic14 ipal ordinances impede the application of any provision of 

15 this section. Any State or political subdivision of a State 

16 may impose requirements supplementing those imposed by 

17 this section. 

18 ‘‘(j) DEFINITIONS.—As used in this section— 

19 ‘‘(1) the term ‘attorney’ means a person who— 

20 ‘‘(A) is a member in good standing of the 

21 bar of the highest court of a State; and 

22 ‘‘(B) is not under any order of any court 

23 suspending, enjoining, restraining, disbarring, 

24 or otherwise restricting such person in the prac25 tice of law; 
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1 ‘‘(2) the term ‘compensation’ means money, 

2 property, labor, promise of payment, or any other 

3 consideration provided directly or indirectly to an in4 dividual 

5 ‘‘(3) the term ‘immigration matter’ means any 

6 proceeding, filing, or action affecting the immigra7 tion or citizenship status of any person, which arises 

8 under any immigration or nationality law, Executive 

9 order, Presidential proclamation, or action of any 

10 Federal agency; 

11 ‘‘(4) the term ‘representation’, when used with 

12 respect to the representation of a person, includes— 

13 ‘‘(A) the appearance, either in person or 

14 through the preparation or filing of any brief or 

15 other document, paper, application, or petition 

16 on behalf of another person or client, before any 

17 Federal agency or officer; and 

18 ‘‘(B) the study of the facts of a case and 

19 the applicable laws, coupled with the giving of 

20 advice and auxiliary activities, including the in21 cidental preparation of papers; and 

22 ‘‘(5) the term ‘State’ includes a State or an 

23 outlying possession of the United States.’’. 
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1 SEC. 802. PROTECTION OF WITNESS TESTIMONY. 

2 (a) DEFINITION.—Section 101(a)(15)(U)(i) of the 

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

4 1101(a)(15)(i)) is amended— 

5 (1) by inserting in subclause (I) after the 

6 phrase ‘‘clause (iii)’’ the following: ‘‘or has suffered 

7 substantial financial, physical, or mental harm as 

8 the result of a prohibited act described in section 

9 292;’’ 

10 (2) by inserting in subclause (II) after the 

11 phrase ‘‘clause (iii)’’ the following: ‘‘or section 292’’; 

12 (3) by inserting in subclause (III) after the 

13 phrase ‘‘clause (iii)’’ the following: ‘‘or section 292’’; 

14 and 

15 (4) by inserting in subclause (IV) after the 

16 phrase ‘‘clause (iii)’’ the following: ‘‘or section 292’’. 

17 (b) ADMISSION OF NONIMMIGRANTS.—Section 

18 214(p) of the Immigration and Nationality Act of (8 

19 U.S.C. 1184(p)) is amended— 

20 (1) in paragraph (1), by inserting ‘‘or section 

21 274E’’ after ‘‘section 101(a)(15)(U)(iii)’’ each place 

22 it appears; and 

23 (2) in paragraph (2)(A), by striking ‘‘10,000’’ 

24 and inserting ‘‘15,000’’. 
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1 TITLE IX—CIVICS INTEGRATION 

2 SEC. 901. FUNDING FOR THE OFFICE OF CITIZENSHIP. 

3 (a) AUTHORIZATION.—The Secretary of Homeland 

4 Security, acting through the Director of the Bureau of 

5 Citizenship and Immigration Services, is authorized to es6 tablish the United States Citizenship Foundation (referred 

7 to in this section as the ‘‘Foundation’’), an organization 

8 duly incorporated in the District of Columbia, exclusively 

9 for charitable and educational purposes to support the 

10 functions of the Office of Citizenship (as described in sec11 tion 451(f)(2) of the Homeland Security Act of 2002 (6 

12 U.S.C. 271(f)(2)). 

13 (b) GIFTS.— 

14 (1) TO FOUNDATION.—The Foundation may so15 licit, accept, and make gifts of money and other 

16 property in accordance with section 501(c)(3) of the 

17 Internal Revenue Code of 1986. 

18 (2) FROM FOUNDATION.—The Office of Citizen19 ship may accept gifts from the Foundation to sup20 port the functions of the Office. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated such sums as may be 

23 necessary to carry out the mission of the Office of Citizen24 ship. 
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1 SEC. 902. CIVICS INTEGRATION GRANT PROGRAM. 

2 (a) IN GENERAL.—The Secretary of Homeland Secu3 rity shall establish a competitive grant program to fund— 

4 (1) efforts by entities certified by the Office of 

5 Citizenship to provide civics and English as a second 

6 language courses; or 

7 (2) other activities approved by the Secretary to 

8 promote civics and English as a second language. 

9 (b) ACCEPTANCE OF GIFTS.—The Secretary may ac10 cept and use gifts from the United States Citizenship 

11 Foundation for grants under this section. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated such sums as may be 

14 necessary to carry out this section. 

15 TITLE X—PROMOTING ACCESS 

16 TO HEALTH CARE 

17 SEC. 1001. FEDERAL REIMBURSEMENT OF EMERGENCY 

18 HEALTH SERVICES FURNISHED TO UNDOCU19 MENTED ALIENS. 

20 Section 1011 of the Medicare Prescription Drug, Im21 provement, and Modernization Act of 2003 (42 U.S.C. 

22 1395dd note) is amended— 

23 (1) by striking ‘‘2008’’ and inserting ‘‘2011’’; 

24 and 

25 (2) in subsection (c)(5), by adding at the end 

26 the following: 
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1 ‘‘(D) Nonimmigrants described in section 

2 101(a)(15)(H)(v) of the Immigration and Na3 tionality Act (8 U.S.C. 1101(a)(15)(H)(v)’’. 

4 SEC. 1002. PROHIBITION AGAINST OFFSET OF CERTAIN 

5 MEDICARE AND MEDICAID PAYMENTS. 

6 Payments made under section 1011 of the Medicare 

7 Prescription Drug, Improvement, and Modernization Act 

8 of 2003 (42 U.S.C. 1395dd note)— 

9 (1) shall not be considered ‘‘third party cov10 erage’’ for the purposes of section 1923 of the Social 

11 Security Act (42 U.S.C. 1396r–4); and 

12 (2) shall not impact payments made under such 

13 section of the Social Security Act. 

14 SEC. 1003. PROHIBITION AGAINST DISCRIMINATION 

15 AGAINST ALIENS ON THE BASIS OF EMPLOY16 MENT IN HOSPITAL-BASED VERSUS NONHOS17 PITAL-BASED SITES. 

18 Section 214(l)(1)(C) of the Immigrant and Nation19 ality Act (8 U.S.C. 1184(l)(1)(C) is amended— 

20 (1) in clause (i), by striking ‘‘and’’ at the end; 

21 and 

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

23 ‘‘(iii) such interested Federal agency 

24 or interested State agency, in determining 

25 which aliens will be eligible for such waiv-
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1 ers, does not utilize selection criteria, other 

2 than as described in this subsection, that 

3 discriminate on the basis of the alien’s em4 ployment in a hospital-based versus non5 hospital-based facility or organization; 

6 and’’. 

7 SEC. 1004. BINATIONAL PUBLIC HEALTH INFRASTRUCTURE 

8 AND HEALTH INSURANCE. 

9 (a) STUDY.— 

10 (1) IN GENERAL.—The Secretary of Health and 

11 Human Services shall contract with the Institute of 

12 Medicine of the National Academies (referred to in 

13 this section as the ‘‘Institute’’) to study binational 

14 public health infrastructure and health insurance ef15 forts. 

16 (2) INPUT.—In conducting the study under 

17 paragraph (1), the Institute shall solicit input from 

18 border health experts and health insurance compa19 nies. 

20 (b) REPORT.— 

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

22 the date on which the Secretary of Health and 

23 Human Services enters into a contract under sub24 section (a), the Institute shall submit a report con25 cerning the study conducted under subsection (a) to 
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1 the Secretary of Health and Human Services and 

2 the appropriate committees of Congress. 

3 (2) CONTENTS.—The report submitted under 

4 paragraph (1) shall include the recommendations of 

5 the Institute on ways to expand or improve bina6 tional public health infrastructure and health insur7 ance efforts. 

8 TITLE XI—MISCELLANEOUS 

9 SEC. 1101. SUBMISSION TO CONGRESS OF INFORMATION 

10 REGARDING H–5A NONIMMIGRANTS. 

11 (a) ENSURING ACCURATE COUNT.—The Secretary of 

12 State and the Secretary of Homeland Security shall main13 tain an accurate count of the number of aliens subject to 

14 the numerical limitations under section 214(g)(1)(C) of 

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

16 1184(g)(1)(C)) who are issued visas or otherwise provided 

17 nonimmigrant status. 

18 (b) PROVISION OF INFORMATION.— 

19 (1) QUARTERLY NOTIFICATION.—Beginning 

20 with the first fiscal year after regulations are pro21 mulgated to implement this Act, the Secretary of 

22 State and the Secretary of Homeland Security shall 

23 submit quarterly reports to the Committee on the 

24 Judiciary of the Senate and the Committee on the 

25 Judiciary of the House of Representatives containing 
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1 the numbers of aliens who were issued visas or oth2 erwise provided nonimmigrant status under section 

3 101(a)(15)(H)(v)(a) of the Immigrant and Nation4 ality Act (8 U.S.C. 1101(a)(15)(H)(v)(a)) during 

5 the preceding 3-month period. 

6 (2) ANNUAL SUBMISSION.—Beginning with the 

7 first fiscal year after regulations are promulgated to 

8 implement this Act, the Secretary of Homeland Se9 curity shall submit annual reports to the Committee 

10 on the Judiciary of the Senate and the Committee 

11 on the Judiciary of the House of Representatives, 

12 containing information on the countries of origin 

13 and occupations of, geographic area of employment 

14 in the United States, and compensation paid to, 

15 aliens who were issued visas or otherwise provided 

16 nonimmigrant status under such section 

17 101(a)(15)(H)(v)(a). The Secretary shall compile 

18 such reports based on the data reported by employ19 ers to the Employment Eligibility Confirmation Sys20 tem established in section 402. 

21 SEC. 1102. H–5 NONIMMIGRANT PETITIONER ACCOUNT. 

22 Section 286 of the Immigration and Nationality Act 

23 (8 U.S.C. 1356) is amended by adding at the end the fol24 lowing: 
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1 ‘‘(w)(1) There is established in the general fund of 

2 the Treasury of the United States an account, which shall 

3 be known as the ‘H–5 Nonimmigrant Petitioner Account’. 

4 ‘‘(2) There shall be deposited as offsetting receipts 

5 into the H–5 Nonimmigrant Petitioners Account— 

6 ‘‘(A) all fees collected under section 218A; and 

7 ‘‘(B) all fines collected under section 

8 212(n)(2)(I). 

9 ‘‘(3) Of the fees and fines deposited into the H–5 

10 Nonimmigrant Petitioner Account— 

11 ‘‘(A) 53 percent shall remain available to the 

12 Secretary of Homeland Security for efforts related 

13 to the adjudication and implementation of the H–5 

14 visa programs described in sections 221(a) and 

15 250A and any other efforts necessary to carry out 

16 the provisions of the øSecure America and Orderly 

17 Immigration Act¿ and the amendments made by 

18 such Act, of which the Secretary shall allocate— 

19 ‘‘(i) 10 percent shall remain available to 

20 the Secretary of Homeland Security for the bor21 der security efforts described in title I of the 

22 Secure America and Orderly Immigration Act. 

23 ‘‘(ii) not more than 1 percent to promote 

24 public awareness of the H–5 visa program, to 

25 protect migrants from fraud, and to combat the 
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1 unauthorized practice of law described in title 

2 III of the Secure America and Orderly Immi3 gration Act; 

4 ‘‘(iii) not more than 1 percent to the Office 

5 of Citizenship to promote civics integration ac6 tivities described in section 901 of the Secure 

7 America and Orderly Immigration Act; and 

8 ‘‘(iv) 2 percent for the Civics Integration 

9 Grant Program under section 902 of the Secure 

10 America and Orderly Immigration Act. 

11 ‘‘(B) 15 percent shall remain available to the 

12 Secretary of Labor for the enforcement of labor 

13 standards in those geographic and occupational 

14 areas in which H–5A visa holders are likely to be 

15 employed and for other enforcement efforts under 

16 the Secure America and Orderly Immigration Act; 

17 ‘‘(C) 15 percent shall remain available to the 

18 Commissioner of Social Security for the creation and 

19 maintenance of the Employment Eligibility Con20 firmation System described in section 402 of the Se21 cure America and Orderly Immigration Act; 

22 ‘‘(D) 15 percent shall remain available to the 

23 Secretary of State to carry out any necessary provi24 sions of the Secure America and Orderly Immigra25 tion Act; and 
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1 ‘‘(E) 2 percent shall remain available to the 

2 Secretary of Health and Human Services for the re3 imbursement of hospitals serving individuals working 

4 under programs established in this Act.’’. 

5 SEC. 1103. ANTI-DISCRIMINATION PROTECTIONS. 

6 Section 274B(a)(3)(B) of the Immigration and Na7 tionality Act (8 U.S.C. 1324b(a)(3)(B)) is amended to 

8 read as follows: 

9 ‘‘(B) is an alien who is— 

10 ‘‘(i) lawfully admitted for permanent 

11 residence; 

12 ‘‘(ii) granted the status of an alien 

13 lawfully admitted for temporary residence 

14 under section 210(a) or 245(a)(1); 

15 ‘‘(iii) admitted as a refugee under sec16 tion 207; 

17 ‘‘(iv) granted asylum under section 

18 208; or 

19 ‘‘(v) granted the status of non20 immigrant under section 

21 101(a)(15)(H)(v).’’. 

22 SEC. 1104. WOMEN AND CHILDREN AT RISK OF HARM. 

23 (a) CERTAIN CHILDREN AND WOMEN AT RISK OF

24 HARM.—Section 101(a)(27) of the Immigration and Na25 tionality Act (8 U.S.C. 1101(a)(27)) is amended— 
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1 (1) in subparagraph (L), by inserting a semi2 colon at the end; 

3 (2) in subparagraph (M), by striking the period 

4 at the end and inserting ‘‘; or’’; and 

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

6 ‘‘(N) subject to subsection (j), an immi7 grant who is not present in the United States— 

8 ‘‘(i) who is— 

9 ‘‘(I) referred to a consular, immi10 gration, or other designated official by 

11 a United States Government agency, 

12 an international organization, or rec13 ognized nongovernmental entity des14 ignated by the Secretary of State for 

15 purposes of such referrals; and 

16 ‘‘(II) determined by such official 

17 to be a minor under 18 years of age 

18 (as determined under subsection 

19 (j)(5))— 

20 ‘‘(aa) for whom no parent or 

21 legal guardian is able to provide 

22 adequate care; 

23 ‘‘(bb) who faces a credible 

24 fear of harm related to his or her 

25 age; 
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1 ‘‘(cc) who lacks adequate 

2 protection from such harm; and 

3 ‘‘(dd) for whom it has been 

4 determined to be in his or her 

5 best interests to be admitted to 

6 the United States; or 

7 ‘‘(ii) who is— 

8 ‘‘(I) referred to a consular or im9 migration official by a United States 

10 Government agency, an international 

11 organization or recognized nongovern12 mental entity designated by the Sec13 retary of State for purposes of such 

14 referrals; and 

15 ‘‘(II) determined by such official 

16 to be a female who has— 

17 ‘‘(aa) a credible fear of 

18 harm related to her sex; and 

19 ‘‘(bb) a lack of adequate 

20 protection from such harm.’’. 

21 (b) STATUTORY CONSTRUCTION.—Section 101 of the 

22 Immigration and Nationality Act (8 U.S.C. 1101) is 

23 amended by adding at the end the following: 

24 ‘‘(j)(1) No natural parent or prior adoptive parent 

25 of any alien provided special immigrant status under sub-
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1 section (a)(27)(N)(i) shall thereafter, by virtue of such 

2 parentage, be accorded any right, privilege, or status 

3 under this Act. 

4 ‘‘(2)(A) No alien who qualifies for a special immi5 grant visa under subsection (a)(27)(N)(ii) may apply for 

6 derivative status or petition for any spouse who is rep7 resented by the alien as missing, deceased, or the source 

8 of harm at the time of the alien’s application and admis9 sion. The Secretary of Homeland Security may waive this 

10 requirement for an alien who demonstrates that the alien’s 

11 representations regarding the spouse were bona fide. 

12 ‘‘(B) An alien who qualifies for a special immigrant 

13 visa under subsection (a)(27)(N) may apply for derivative 

14 status or petition for any sibling under the age of 18 years 

15 or children under the age of 18 years of any such alien, 

16 if accompanying or following to join the alien. For pur17 poses of this subparagraph, a determination of age shall 

18 be made using the age of the alien on the date the petition 

19 is filed with the Department of Homeland Security. 

20 ‘‘(3) An alien who qualifies for a special immigrant 

21 visa under subsection (a)(27)(N) shall be treated in the 

22 same manner as a refugee solely for purposes of section 

23 412. 

24 ‘‘(4) The provisions of paragraphs (4), (5), and 

25 (7)(A) of section 212(a) shall not be applicable to any 
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1 alien seeking admission to the United States under sub2 section (a)(27)(N), and the Secretary of Homeland Secu3 rity may waive any other provision of such section (other 

4 than paragraph (2)(C) or subparagraph (A), (B), (C), or 

5 (E) of paragraph (3)) with respect to such an alien for 

6 humanitarian purposes, to assure family unity, or when 

7 it is otherwise in the public interest. Any such waiver by 

8 the Secretary of Homeland Security shall be in writing 

9 and shall be granted only on an individual basis following 

10 an investigation. The Secretary of Homeland Security 

11 shall provide for the annual reporting to Congress of the 

12 number of waivers granted under this paragraph in the 

13 previous fiscal year and a summary of the reasons for 

14 granting such waivers. 

15 ‘‘(5) For purposes of subsection (a)(27)(N)(i)(II), a 

16 determination of age shall be made using the age of the 

17 alien on the date on which the alien was referred to the 

18 consular, immigration, or other designated official. 

19 ‘‘(6) The Secretary of Homeland Security shall waive 

20 any application fee for a special immigrant visa for an 

21 alien described in section 101(a)(27)(N).’’. 

22 (c) ALLOCATION OF SPECIAL IMMIGRANT VISAS.— 

23 Section 203(b)(4) of the Immigration Nationality Act (8 

24 U.S.C. 1153(b)(4)) is amended by striking ‘‘(A) or (B) 

25 thereof’’ and inserting ‘‘(A), (B), or (N) of such section’’. 
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1 (d) EXPEDITED PROCESS.—Not later than 45 days 

2 after the date of referral to a consular, immigration, or 

3 other designated official as described in section 

4 101(a)(27)(N) of the Immigration and Nationality Act, as 

5 added by subsection (a), special immigrant status shall be 

6 adjudicated and, if granted, the alien shall be— 

7 (1) paroled to the United States pursuant to 

8 section 212(d)(5) of that Act (8 U.S.C. 1182(d)(5)); 

9 and 

10 (2) allowed to apply for adjustment of status to 

11 permanent residence under section 245 of that Act 

12 (8 U.S.C. 1255) not later than 1 year after the 

13 alien’s arrival in the United States. 

14 (e) REQUIREMENT PRIOR TO ENTRY INTO THE UN15 TIED STATES.— 

16 (1) DATABASE SEARCH.—An alien may not be 

17 admitted to the United States under this section or 

18 an amendment made by this section until the Sec19 retary of Homeland Security has ensured that a 

20 search of each database maintained by an agency or 

21 department of the United States has been conducted 

22 to determine whether such alien is ineligible to be 

23 admitted to the Untied States on criminal, security, 

24 or related grounds. 
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1 (2) COOPERATION AND SCHEDULE.—The Sec2 retary of Homeland Security and the head of each 

3 appropriate agency or department of the United 

4 States shall work cooperatively to ensure that each 

5 database search required by paragraph (1) is com6 pleted not later than 45 days after the date on 

7 which an alien files a petition seeking a special im8 migration visa under section 101(a)(27)(N) of the 

9 Immigration and Nationality Act, as added by sub10 section (a). 

11 (f) REQUIREMENT AFTER ENTRY INTO THE UNITED

12 STATES.— 

13 (1) REQUIREMENT TO SUBMIT FINGER14 PRINTS.— 

15 (A) IN GENERAL.—Not later than 30 days 

16 after the date that an alien enters the United 

17 States under this section or an amendment 

18 made by this section, the alien shall be 

19 fingerprinted and submit to the Secretary of 

20 Homeland Security such fingerprints and any 

21 other personal biometric data required by the 

22 Secretary. 

23 (B) OTHER REQUIREMENTS.—The Sec24 retary of Homeland Security may prescribe reg25 ulations that permit fingerprints submitted by 
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1 an alien under section 262 of the Immigration 

2 and Nationality Act (8 U.S.C. 1302) or any 

3 other provision of law to satisfy the requirement 

4 to submit fingerprints under subparagraph (A). 

5 (2) DATABASE SEARCH.—The Secretary of 

6 Homeland Security shall ensure that a search of 

7 each database that contains fingerprints that is 

8 maintained by an agency or department of the 

9 United States be conducted to determine whether 

10 such alien is ineligible for an adjustment of status 

11 under any provision of the Immigration and Nation12 ality Act (8 U.S.C. 1101 et seq.) on criminal, secu13 rity, or related grounds. 

14 (3) COOPERATION AND SCHEDULE.—The Sec15 retary of Homeland Security and the head of each 

16 appropriate agency or department of the United 

17 States shall work cooperatively to ensure that each 

18 database search required under paragraph (2) is 

19 completed not later than 180 days after the date on 

20 which the alien enters the United States. 

21 (4) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

22 (A) ADMINISTRATIVE REVIEW.—An alien 

23 who is admitted to the United States under this 

24 section or an amendment made by this section 

25 who is determined to be ineligible for an adjust-
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1 ment of status pursuant to section 212 of the 

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

3 1182) may appeal such a determination 

4 through the Administrative Appeals Office of 

5 the Bureau of Citizenship and Immigration 

6 Services of the Department of Homeland Secu7 rity. The Secretary of Homeland Security shall 

8 ensure that a determination on such appeal is 

9 made not later than 60 days after the date on 

10 which the appeal is filed. 

11 (B) JUDICIAL REVIEW.—Nothing in this 

12 section, or in an amendment made by this sec13 tion, may preclude application of section 

14 242(a)(2)(B) of the Immigration and Nation15 ality Act (8 U.S.C. 1252(a)(2)(B)). 

16 (g) REPORT TO CONGRESS.—Not later than 1 year 

17 after the date of enactment of this Act, the Secretary of 

18 Homeland Security shall report to the Committee on the 

19 Judiciary of the Senate and the Committee on the Judici20 ary of the House of Representatives on the progress of 

21 the implementation of this section and the amendments 

22 made by this section, including— 

23 (1) data related to the implementation of this 

24 section and the amendments made by this section; 
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1 (2) data regarding the number of placements of 

2 females and children who faces a credible fear of 

3 harm as referred to in section 101(a)(27)(N) of the 

4 Immigration and Nationality Act, as added by sub5 section (a); and 

6 (3) any other information that the Secretary of 

7 Homeland Security determines to be appropriate. 

8 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated such sums as may be 

10 necessary to carry out this section and the amendments 

11 made by this section. 

12 SEC. 1105. EXPANSION OF S VISA. 

13 (a) EXPANSION OF S VISA CLASSIFICATION.—Sec14 tion 101(a)(15)(S) of the Immigration and Nationality 

15 Act (8 U.S.C. 1101(a)(15)(S)) is amended— 

16 (1) in clause (i)— 

17 (A) by striking ‘‘Attorney General’’ each 

18 place that term appears and inserting ‘‘Sec19 retary of Homeland Security’’; and 

20 (B) by striking ‘‘or’’ at the end; and 

21 (2) in clause (ii)— 

22 (A) by striking ‘‘Attorney General’’ and in23 serting ‘‘Secretary of Homeland Security’’; and 
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1 (B) by striking ‘‘1956,’’ and all that fol2 lows through ‘‘the alien;’’ and inserting the fol3 lowing: ‘‘1956; or 

4 ‘‘(iii) who the Secretary of Homeland Se5 curity and the Secretary of State, in consulta6 tion with the Director of Central Intelligence, 

7 jointly determine— 

8 ‘‘(I) is in possession of critical reliable 

9 information concerning the activities of 

10 governments or organizations, or their 

11 agents, representatives, or officials, with 

12 respect to weapons of mass destruction 

13 and related delivery systems, if such gov14 ernments or organizations are at risk of 

15 developing, selling, or transferring such 

16 weapons or related delivery systems; and 

17 ‘‘(II) is willing to supply or has sup18 plied, fully and in good faith, information 

19 described in subclause (I) to appropriate 

20 persons within the United States Govern21 ment; 

22 and, if the Secretary of Homeland Security (or with re23 spect to clause (ii), the Secretary of State and the Sec24 retary of Homeland Security jointly) considers it to be ap25 propriate, the spouse, married and unmarried sons and 
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1 daughters, and parents of an alien described in clause (i), 

2 (ii), or (iii) if accompanying, or following to join, the 

3 alien;’’. 

4 (b) NUMERICAL LIMITATION.—Section 214(k)(1) of 

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

6 1184(k)(1)) is amended to read as follows: 

7 ‘‘(1) The number of aliens who may be provided 

8 a visa as nonimmigrants under section 

9 101(a)(15)(S) in any fiscal year may not exceed 

10 3,500.’’. 

11 SEC. 1106. VOLUNTEERS. 

12 It is not a violation of clauses (ii), (iii), or (iv) of 

13 subparagraph (A) for a religious denomination described 

14 in section 101(a)(27)(C)(i) or an affiliated religious orga15 nization described in section 101(a)(27)(C)(ii)(III), or 

16 their agents or officers, to encourage, invite, call, allow, 

17 or enable an alien, who is already present in the United 

18 States in violation of law to carry on the violation de19 scribed in section 101(a)(27)(C)(ii)(I), as a volunteer who 

20 is not compensated as an employee, notwithstanding the 

21 provision of room, board, travel, and other basic living ex22 penses. 

Æ