I 

116TH CONGRESS 

1ST SESSION H. R. 3881 

To amend section 214(c)(8) of the Immigration and Nationality Act to modify 

the data reporting requirements relating to nonimmigrant employees, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 23, 2019 

Ms. FRANKEL (for herself, Mrs. WAGNER, Mr. DEUTCH, Mr. SCHWEIKERT, 

Mr. HIMES, and Mr. WEBER of Texas) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Visa Transparency 

5 Anti-Trafficking Act of 2019’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) BONA FIDE RESEARCH PURPOSES.—The 

9 term ‘‘bona fide research purposes’’— 


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1 (A) means a systematic study or investiga2 tion, including research, development, testing, 

3 and evaluation, designed to develop or to con4 tribute to fuller or generalizable knowledge or 

5 understanding; and 

6 (B) does not include— 

7 (i) purposes that are commercial, 

8 tortious, or criminal in nature; 

9 (ii) purposes that are related to immi10 gration enforcement; or 

11 (iii) nonresearch purposes that would 

12 not have been practicable, but for access to 

13 the information. 

14 (2) EMPLOYMENT.—The term ‘‘employment’’— 

15 (A) means employment in the United 

16 States; 

17 (B) includes cultural exchanges, training, 

18 and business activities in which the non19 immigrant receives any form of compensation 

20 (including a stipend) from any source, whether 

21 paid in the United States or in the non22 immigrant’s country of origin, and whether or 

23 not authorized by law; and 

24 (C) does not include the activities of a non25 immigrant described in section 101(a)(15)(B) 


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1 of the Immigration and Nationality Act (8 

2 U.S.C. 1101(a)(15)(B)), except— 

3 (i) personal or domestic servants ac4 companying or following to join a non5 immigrant employer who seeks admission 

6 into, or is already in, the United States; 

7 (ii) personal or domestic servants ac8 companying or following to join a United 

9 States citizen employer who has a perma10 nent home or is stationed in a foreign 

11 country, and who is temporarily visiting 

12 the United States; 

13 (iii) nonimmigrants engaged in train14 ing, services, or work normally allowed 

15 under other nonimmigrant visa classifica16 tions, including— 

17 (I) services described in clause 

18 (i)(b) of section 101(a)(15)(H) of the 

19 Immigration and Nationality Act (8 

20 U.S.C. 1101(a)(15)); and 

21 (II) training described in clause 

22 (iii) of such section; and 

23 (iv) nonimmigrants engaged in the su24 pervision or training of others engaged in 

25 building or construction work, but not for 


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1 the purpose of performing any such build2 ing or construction work themselves (as de3 scribed in section 214.2(b)(5) of title 8, 

4 Code of Federal Regulations and section 

5 41.31(b)(1) of title 22, Code of Federal 

6 Regulations). 

7 (3) LAW ENFORCEMENT.—The term ‘‘law en8 forcement’’ includes— 

9 (A) Federal law enforcement officers (as 

10 defined in section 115(c)(1) of title 18, United 

11 States Code); 

12 (B) Federal law enforcement officers and 

13 local law enforcement officers (as such terms 

14 are defined in paragraphs (5) and (6) of sub15 section (b) of the Combat Human Trafficking 

16 Act of 2015 (34 U.S.C. 20709)); and 

17 (C) State attorneys general (as defined in 

18 section 4G(1) of the Clayton Act (15 U.S.C. 

19 15g(1))). 

20 (4) NONIMMIGRANT VISA CLASSIFICATION, STA21 TUS, OR SUBCLASSIFICATION.—The term ‘‘non22 immigrant visa classification, status, or subclassi23 fication’’ means any program, level, category, sub24 category, or other type of grouping that— 


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1 (A) is part of a nonimmigrant visa classi2 fication or status— 

3 (i) described in section 101(a)(15) or 

4 214(e) of the Immigration and Nationality 

5 Act (8 U.S.C. 1101(a)(15) and 1184(e)); 

6 or 

7 (ii) otherwise established under the 

8 immigration laws (as defined in section 

9 101(a)(17) of the Immigration and Nation10 ality Act (8 U.S.C. 1101(a)(17))); and 

11 (B) may be specifically created, delineated, 

12 or defined in— 

13 (i) any Federal statute, regulation, 

14 agency guidance, directive, memo, or any 

15 other source material, including the Code 

16 of Federal Regulations, the Foreign Af17 fairs Manual, and Department of State ca18 bles (classified or unclassified); or 

19 (ii) any official form, application, or 

20 petition used by the Secretary of Home21 land Security, the Secretary of State, or 

22 the Secretary of Labor. 

23 (5) SERVICE PROVIDERS TO HUMAN TRAF24 FICKING VICTIMS.—The term ‘‘service providers to 

25 human trafficking victims’’ means any nonprofit, 


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1 nongovernmental organization that has significant 

2 knowledge and substantial experience in human traf3 ficking prevention and eradication, investigation and 

4 identification of human trafficking, and delivering 

5 wrap-around services to human trafficking victims, 

6 including grant recipients under— 

7 (A) section 107(b)(2)(A), 107(f), or 112A 

8 of the Trafficking Victims Protection Act of 

9 2000 (22 U.S.C. 7105(b)(2)(A), 7105(f), and 

10 7109a); or 

11 (B) section 202 or 203 of the Trafficking 

12 Victims Protection Reauthorization Act of 2005 

13 (34 U.S.C. 20702 and 20703). 

14 (6) TEMPORARY FOREIGN NONIMMIGRANT

15 WORKER.—The term ‘‘temporary foreign non16 immigrant worker’’ means— 

17 (A) nonimmigrants— 

18 (i) who have been issued a visa under 

19 section 101(a)(15) of the Immigration and 

20 Nationality Act (8 U.S.C. 1101(a)(15)); 

21 (ii) who have petitioned for, re22 quested, or otherwise applied for a visa de23 scribed in subparagraph (A); or 

24 (iii) for whom such a visa has been 

25 petitioned, requested, or applied; and 


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1 (B) any person authorized to be employed 

2 in the United States under any nonimmigrant 

3 visa classification, subclassification, or program 

4 for nonimmigrants that authorizes employment, 

5 except for persons who were issued non6 immigrant visas for the purpose of victim or 

7 witness protection. 

8 (7) THIRD PARTY INTERMEDIARY.—The term 

9 ‘‘third party intermediary’’— 

10 (A) means any natural person, corporation, 

11 company, firm, partnership, joint stock com12 pany or association, or other organization or 

13 entity, including municipal corporations, that 

14 recruits, solicits, or engages in related activities 

15 with respect to an individual who resides out16 side of the United States in furtherance of em17 ployment in the United States, including when 

18 such activity occurs outside of the United 

19 States; and 

20 (B) includes recruiters, subrecruiters, 

21 placement agencies, staffing agencies, labor 

22 contractors, and sponsor organizations des23 ignated by the Secretary of State, including for24 profit and not-for-profit sponsor entities. 


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1 (8) WORKER PROTECTION ORGANIZATIONS.— 

2 The term ‘‘worker protection organizations’’ means 

3 any nonprofit, nongovernmental organization that— 

4 (A) promotes compliance with antidiscrimi5 nation, wage, occupational health and safety, 

6 workers’ compensation and other labor and em7 ployment laws and regulations; or 

8 (B) otherwise advocates for safeguarding 

9 labor standards and improving workplace pro10 tections and working conditions. 

11 SEC. 3. ANNUAL REPORT TO CONGRESS ON NON12 IMMIGRANT VISAS. 

13 Section 214(c)(8) of the Immigration and Nationality 

14 Act (8 U.S.C. 1184(c)(8)) is amended to read as follows: 

15 ‘‘(8) Not later than 6 months after the end of each 

16 fiscal year, the Secretary of Homeland Security shall sub17 mit a report to the Committee on the Judiciary of the Sen18 ate and the Committee on the Judiciary of the House of 

19 Representatives that includes, with respect to the report20 ing period— 

21 ‘‘(A) the number of citizens of countries with a 

22 Compact of Free Association with the United States 

23 who— 


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1 ‘‘(i) are authorized by such Compact to re2 side indefinitely in the United States as non3 immigrants; and 

4 ‘‘(ii) were admitted to the United States; 

5 ‘‘(B) the ports of entry at which the individuals 

6 described in subparagraph (A) were admitted; and 

7 ‘‘(C) with respect to each nonimmigrant visa 

8 classification, subclassification, or program for non9 immigrants that authorizes employment, as applica10 ble (except for visas issued for the purpose of victim 

11 or witness protection), to the extent that the fol12 lowing data are collected by the Department of 

13 Homeland Security, the Department of Labor, the 

14 Department of State, or any other Federal agency to 

15 which the collection of such data has been delegated 

16 by any such Department, or by any successor agency 

17 to any such department— 

18 ‘‘(i) the number of visas that were issued; 

19 ‘‘(ii) the number of persons who were ad20 mitted into the United States; 

21 ‘‘(iii) the number of persons who were oth22 erwise granted legal status; 

23 ‘‘(iv) the number of visas that expired, 

24 were revoked, or were otherwise terminated, re25 spectively; 


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1 ‘‘(v) the number of temporary foreign non2 immigrant workers employed in each State; 

3 ‘‘(vi) the 10 employers that hired the most 

4 temporary foreign nonimmigrant workers; 

5 ‘‘(vii) the 10 occupations, listed by Stand6 ard Occupational Classification Code, in which 

7 the largest number of temporary foreign non8 immigrant workers are employed in the United 

9 States, and the average hourly and yearly sal10 ary paid to temporary foreign nonimmigrant 

11 workers in each such occupation; 

12 ‘‘(viii) the 10 most common nationalities of 

13 temporary foreign nonimmigrant workers; 

14 ‘‘(ix) the 10 third party intermediaries that 

15 recruited or hired the most temporary foreign 

16 nonimmigrant workers; 

17 ‘‘(x) the percentage of temporary foreign 

18 nonimmigrant workers at each major education 

19 level; 

20 ‘‘(xi) the percentage of temporary foreign 

21 nonimmigrant workers who are younger than 

22 20 years of age, between 20 and 24 years of 

23 age, between 25 and 29 years of age, between 

24 30 and 34 years of age, between 35 and 39 

25 years of age, between 40 and 44 years of age, 


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1 between 45 and 49 years of age, between 50 

2 and 54 years of age, between 55 and 59 years 

3 of age, between 60 and 64 years of age, or 

4 older than 65 years of age, respectively; 

5 ‘‘(xii) the percentage of temporary foreign non6 immigrant workers of each sex who were issued 

7 visas; and 

8 ‘‘(xiii) the source of the data described in 

9 clauses (i) through (xii).’’. 

10 SEC. 4. DATABASE. 

11 (a) IN GENERAL.— 

12 (1) AVAILABILITY OF INFORMATION.—At the 

13 time the Secretary of Homeland Security submits 

14 each annual report under section 214(c)(8) of the 

15 Immigration and Nationality Act, as amended by 

16 section 3, with respect to each temporary foreign 

17 nonimmigrant worker, the Secretary shall make the 

18 information described in subsection (b) (except for 

19 information regarding visas issued for the purpose of 

20 victim or witness protection) that is collected by the 

21 Department of Homeland Security, the Department 

22 of Labor, the Department of State, or any other 

23 Federal agency to which the collection of such data 

24 has been delegated by any such department, or by 


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1 any successor agency to any such department on a 

2 dedicated and searchable database. 

3 (2) SOURCES; REDUNDANCIES.—The database 

4 established under paragraph (1) shall indicate— 

5 (A) the sources from which the information 

6 described in subsection (b) is derived; and 

7 (B) to the extent that any of the informa8 tion described in subsection (b) is available 

9 from more than 1 source or Federal agency, the 

10 database shall— 

11 (i) reproduce the information from 

12 each source or Federal agency; and 

13 (ii) indicate the source from which it 

14 was derived, including the Federal agency 

15 and any relevant petition or application 

16 form. 

17 (b) REQUIRED INFORMATION.— 

18 (1) BIOGRAPHICAL INFORMATION.—The infor19 mation made available in the database established 

20 under subsection (a) shall include, for each tem21 porary foreign nonimmigrant worker— 

22 (A) his or her age; 

23 (B) his or her sex; 

24 (C) his or her country of origin and local 

25 region or State; 


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1 (D) the highest level of education attained, 

2 the institution from which such education was 

3 attained, and his or her primary field of study; 

4 and 

5 (E) the name of the university at which he 

6 or she is enrolled. 

7 (2) VISA INFORMATION.—The information 

8 made available in the database established under 

9 subsection (a) shall include, for each visa requested 

10 by a temporary foreign nonimmigrant worker— 

11 (A) the visa classification or status that 

12 was requested, including— 

13 (i) any applicable subclassification, 

14 preference, or program associated with the 

15 visa classification or status; and 

16 (ii) if applicable, any section cited 

17 from the Code of Federal Regulations, 

18 Foreign Affairs Manual, or any other Fed19 eral guidance document that corresponds 

20 to such subclassification, preference, or 

21 program; 

22 (B) whether the request is for a new visa 

23 or an extension of an existing visa or status; 

24 (C) the status of the visa, such as issued, 

25 expired, revoked, or terminated; 


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1 (D) whether the visa was issued pursuant 

2 to a blanket petition; and 

3 (E) whether the visa or status was issued 

4 at a port of entry and, if so, the port of entry 

5 where it was issued. 

6 (3) EMPLOYMENT INFORMATION.—The infor7 mation made available in the database established 

8 under subsection (a) shall include— 

9 (A) for each offer of employment in the 

10 United States— 

11 (i) the temporary foreign non12 immigrant worker’s occupation and the 

13 standard occupational classification code 

14 for the occupation, or any other occupa15 tional code listed; 

16 (ii) the wages, salary, and any other 

17 compensation to be paid to the temporary 

18 foreign nonimmigrant worker; 

19 (iii) the address where the temporary 

20 foreign nonimmigrant worker will work, 

21 and any additional worksite addresses; 

22 (iv) the address where the temporary 

23 foreign nonimmigrant worker will reside 

24 during his or her employment; 


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1 (v) whether the temporary foreign 

2 nonimmigrant worker will be assigned to 

3 work at an offsite location; and 

4 (vi) whether the temporary foreign 

5 nonimmigrant worker’s position is a full6 time position; and 

7 (B) for each accepted offer of employment 

8 in the United States— 

9 (i) the dates on which the temporary 

10 foreign nonimmigrant worker began and 

11 ended employment; and 

12 (ii) the date on which the temporary 

13 foreign nonimmigrant worker entered the 

14 United States. 

15 (4) EMPLOYER INFORMATION.—The informa16 tion made available in the database established 

17 under subsection (a) shall include, for each employer 

18 of temporary foreign nonimmigrant workers— 

19 (A) the name and address of the employer; 

20 (B) if the employer is a household em21 ployer, the nationality of the employer; 

22 (C) whether the employer is an H–1B de23 pendent employer; 

24 (D) whether the employer has ever been 

25 found to be a willful violator or to have violated 


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1 any law or regulation under the employment, 

2 labor, or immigration laws of the United States; 

3 (E) whether the employer conducts out4 placement of nonimmigrants; and 

5 (F) the percentage of nonimmigrants com6 prising the United States workforce of the em7 ployer, including whether the percentage is less 

8 than 30 percent, between 30 and 50 percent, or 

9 more than 50 percent. 

10 (5) APPLICATION INFORMATION.—The informa11 tion made available in the database established 

12 under subsection (a) shall include, for each applica13 tion filed on behalf of a temporary foreign non14 immigrant worker— 

15 (A) the date on which the application was 

16 filed; 

17 (B) the status of such application, such as 

18 approved, rejected, denied, withdrawn, or await19 ing final action; 

20 (C) whether the application was for the 

21 purpose of— 

22 (i) beginning new employment; 

23 (ii) continuing previously approved 

24 employment with the same employer with25 out change; 


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1 (iii) changing from previously ap2 proved employment; 

3 (iv) new concurrent employment; 

4 (v) changing of employer; 

5 (vi) amending a petition; 

6 (vii) requesting initial permission to 

7 accept employment; 

8 (viii) renewing permission to accept 

9 employment; or 

10 (ix) something not described in 

11 clauses (i) through (viii); 

12 (D) whether the application was a blanket 

13 petition; 

14 (E) the total number of temporary foreign 

15 nonimmigrant workers included in the applica16 tion; 

17 (F) the application number; 

18 (G) whether the temporary foreign non19 immigrant worker is eligible for employment au20 thorization based on pre-completion optional 

21 practical training, post-completion optional 

22 practical training, or STEM optional practical 

23 training; 


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1 (H) if the temporary foreign nonimmigrant 

2 worker is eligible for employment authorization 

3 based on STEM optional practical training— 

4 (i) the worker’s degree; and 

5 (ii) the name of the worker’s em6 ployer; and 

7 (I) the name of the person or entity that 

8 filed a permanent status petition on the behalf 

9 of the temporary foreign nonimmigrant worker. 

10 (6) THIRD PARTY INTERMEDIARY INFORMA11 TION.—The information made available in the data12 base established under subsection (a) shall include 

13 the name and last known domestic and foreign busi14 ness address of any third party intermediary in15 volved in identifying workers for employment in the 

16 United States with a nonimmigrant visa. 

17 (c) RECIPIENT ENTITIES.— 

18 (1) IN GENERAL.—The database established 

19 under subsection (a), including all personally identi20 fiable information including in such database, shall 

21 be made available only to— 

22 (A) law enforcement; 

23 (B) service providers to human trafficking 

24 victims; 

25 (C) worker protection organizations; or 


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1 (D) entities agreeing to only use such in2 formation for bona fide research purposes. 

3 (2) CERTIFICATION.—Entities receiving data 

4 under paragraph (1)(D) for bona fide research pur5 poses shall certify that— 

6 (A) the entity will only use the data for re7 search purposes; and 

8 (B) the entity will not share or disclose the 

9 data in disaggregated form, in a manner that 

10 would make any personally identifiable informa11 tion discernible, with any individual or entity 

12 that has not been approved by the Department 

13 of Homeland Security to receive it. 

14 (3) PRIVACY PROTECTION.—Any government 

15 official who uses information contained in the data16 base established under subsection (a) shall take rea17 sonable steps to ensure that such use does not en18 able such information to be manipulated— 

19 (A) to identify an individual nonimmigrant 

20 to whom the information relates; or 

21 (B) to disaggregate such information into 

22 its component parts. 

23 (d) RULEMAKING.—The Secretary of Homeland Se24 curity shall— 

25 (1) promulgate a rule that establishes— 


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1 (A) procedures for requesting and access2 ing information contained in the database es3 tablished under subsection (a), which access 

4 may not be limited to fewer than 5 years; and 

5 (B) security procedures for protecting such 

6 information, including rules relating to per7 sonnel security, physical security, and network 

8 security; and 

9 (2) promulgate regulations making the informa10 tion described in subsection (a) available to the pub11 lic in a searchable database format, except for— 

12 (A) any personally identifiable information, 

13 including— 

14 (i) worksite address, but shall include 

15 the State in which the worksite is located; 

16 and 

17 (ii) the names of any household em18 ployers; 

19 (B) any query that returns fewer than 10 

20 workers; and 

21 (C) any information that, alone or in com22 bination, would allow a reasonable person who 

23 does not have personal knowledge of the rel24 evant circumstances, to identify a specific temVerDate Sep 11 2014 01:40 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H3881.IH H3881

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1 porary foreign nonimmigrant worker with rea2 sonable certainty. 

3 SEC. 5. AUTHORITY TO MODIFY FORMS. 

4 The Secretary of Homeland Security, the Secretary 

5 of State, and the Secretary of Labor may take such steps 

6 as may be necessary to revise any application, petition, 

7 form, or database used to regulate the issuance of visas 

8 to nonimmigrants or to grant nonimmigrant status to 

9 comply with the reporting requirements set forth in sec10 tion 214(c)(8) of the Immigration and Nationality Act, as 

11 amended by section 3. 

12 SEC. 6. AUTHORITY TO IMMEDIATELY UPDATE FEES. 

13 Notwithstanding the requirements under chapter 5 of 

14 title 5, United States Code (commonly referred to as the 

15 ‘‘Administrative Procedure Act’’) or any other law, the 

16 Secretary of Homeland Security, the Secretary of State, 

17 or the Secretary of Labor may, without notice and com18 ment, reasonably adjust applicable fees charged to any 

19 person or entity to the extent necessary to recover the full 

20 cost implementing this Act or the amendments made by 

21 this Act. 

22 SEC. 7. INFORMATION SHARING. 

23 The Secretary of State and the Secretary of Labor 

24 shall— 


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1 (1) annually submit to the Secretary of Home2 land Security, in a timely manner, any information 

3 collected or maintained by the Department of State 

4 or the Department of Labor that is required to be 

5 included in the annual report under section 

6 214(c)(8) of the Immigration and Nationality Act, 

7 as amended by section 3; and 

8 (2) provide any other related information to the 

9 Secretary of Homeland Security, upon request, that 

10 may be necessary to carry out the Secretary of 

11 Homeland Security’s responsibilities under this Act 

12 and the amendment made by section 3. 

13 SEC. 8. EXEMPTION FROM PAPERWORK REDUCTION ACT. 

14 The requirements under chapter 35 of title 44, 

15 United States Code (commonly referred to as the ‘‘Paper16 work Reduction Act’’), shall not apply to any action to 

17 implement this Act or the amendments made by this Act. 

18 SEC. 9. PROGRESSIVE IMPLEMENTATION. 

19 (a) INITIAL REPORT.—Not later than 1 year after 

20 the date of the enactment of this Act, the Secretary of 

21 Homeland Security shall submit the first report required 

22 under section 214(c)(8) of the Immigration and Nation23 ality Act, as amended by section 3, based on the informa24 tion that is available from the Department of Homeland 


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1 Security, the Department of Labor, and the Department 

2 of State as of the date of the enactment of this Act. 

3 (b) FULL REPORT.—Not later than 3 years after the 

4 date of the enactment of this Act, the Secretary of Home5 land Security shall submit the report required under sec6 tion 214(c)(8) of the Immigration and Nationality Act, as 

7 amended by section 3, which shall include all of the infor8 mation and data listed in subparagraph (C) of such sec9 tion, which is collected by the Department of Homeland 

10 Security, the Department of Labor, the Department of 

11 State, or any other Federal agency to which the collection 

12 of such data has been delegated by any such Department, 

13 or by any successor agency to any such Department. 

14 SEC. 10. CONTINUED REPORTING. 

15 (a) IN GENERAL.—Federal and State administrative 

16 agencies shall continue to publicly report all nonimmigrant 

17 visa data required by law as of the day before the date 

18 of the enactment of this Act. 

19 (b) SAVINGS PROVISION.—None of the reporting re20 quirements under this Act or the amendments made by 

21 this Act may be construed to replace— 

22 (1) any reporting requirements under any stat23 ute or regulation in effect on the date of the enact24 ment of this Act; or 


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1 (2) any reports or publicly available microdata 

2 published by any Federal agency pertaining to any 

3 nonimmigrant visa classification that authorizes em4 ployment. 

Æ 


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