I 

113TH CONGRESS 

1ST SESSION H. R. 1525 

To amend the Immigration and Nationality Act to comprehensively reform 

immigration law, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 12, 2013 

Ms. JACKSON LEE introduced the following bill; which was referred to the 

Committee on the Judiciary, and in addition to the Committees on Homeland Security and Oversight and Government Reform, 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 amend the Immigration and Nationality Act to comprehensively reform immigration law, 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; REFERENCES TO ACT. 

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

5 ‘‘Save America Comprehensive Immigration Act of 2013’’. 

6 (b) REFERENCES TO THE IMMIGRATION AND NA7 TIONALITY ACT.—Except as otherwise expressly provided, 

8 whenever in this Act an amendment or repeal is expressed 


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1 in terms of an amendment to, or repeal of, a section or 

2 other provision, the reference shall be considered to be 

3 made to a section or other provision of the Immigration 

4 and Nationality Act. 

5 TITLE I—FACILITATING FAMILY6 BASED IMMIGRATION 

7 SEC. 101. INCREASING THE ALLOCATION OF FAMILY-BASED 

8 IMMIGRANT VISAS. 

9 Section 201(c) (8 U.S.C. 115(c)) is amended to read 

10 as follows: 

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

12 IMMIGRANTS.—The worldwide level of family-sponsored 

13 immigrants under this subsection for a fiscal year shall 

14 be no more than 960,000.’’. 

15 SEC. 102. PROTECTION AGAINST PROCESSING DELAYS. 

16 (a) AGE-OUT PROTECTION FOR CHILDREN.— 

17 (1) IN GENERAL.—Chapter 1 of title IV (8 

18 U.S.C. 1101 note) is amended by adding at the end 

19 the following: 

20 ‘‘AGE-OUT PROTECTION FOR CHILDREN

21 ‘‘SEC. 408. (a) IN GENERAL.—In the case of an ap22 plication initially to grant a benefit under this Act (other 

23 than an application for naturalization) that otherwise 

24 would be granted only after a determination that the bene25 ficiary of the application is a child (such as classification 

26 as an immediate relative under section 201(b)(2)(A)(i)), 


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1 if the application is neither approved nor denied (on proce2 dural or substantive grounds) during the 90-day period 

3 beginning on the date of the filing of the application, the 

4 beneficiary shall be considered to be a child for all pur5 poses related to the receipt of the benefit if the beneficiary 

6 was a child on the last day of such 90-day period, and 

7 the beneficiary shall not otherwise be prejudiced with re8 spect to such determination by such delay, and shall be 

9 considered to be a child under this Act for all purposes 

10 related to such application. 

11 ‘‘(b) TERMINATION OF BENEFIT.—Subsection (a) 

12 shall remain in effect until the termination of the 1-year 

13 period beginning on the date on which the application de14 scribed in such paragraph is approved.’’. 

15 (2) CLERICAL AMENDMENT.—The table of con16 tents is amended by inserting after the item relating 

17 to section 407 the following: 

‘‘Sec. 408. Age-out protection for children.’’. 

18 (b) TIMELINESS OF ADOPTION FOR IMMIGRATION

19 PURPOSES.— 

20 (1) IN GENERAL.—Section 101(b)(1)(E)(i) (8 

21 U.S.C. 1101(b)(1)(E)(i)) is amended by striking ‘‘a 

22 child adopted while under the age of sixteen years’’ 

23 and inserting ‘‘a child, under the age of 16 when 

24 adoption proceedings were initiated,’’. 


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1 (2) SPECIAL RULE FOR SIBLINGS.—Section 

2 101(b)(1)(E)(ii)(III) (8 U.S.C. 

3 1101(b)(1)(E)(ii)(III)) is amended by striking 

4 ‘‘adopted while under the age of 18 years’’ and in5 serting ‘‘under the age of 18 when adoption pro6 ceedings were initiated’’. 

7 SEC. 103. TEMPORARY STATUS PENDING RECEIPT OF PER8 MANENT RESIDENT STATUS. 

9 (a) CLASSES OF NONIMMIGRANT ALIENS.—Section 

10 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)) is amended— 

11 (1) by striking ‘‘or’’ at the end of clause (ii); 

12 (2) by adding ‘‘or’’ at the end of clause (iii); 

13 and 

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

15 ‘‘(iv)(I) has concluded a valid mar16 riage with an alien lawfully admitted for 

17 permanent residence, is the parent of a cit18 izen of the United States, or is the child, 

19 son, or daughter of an alien lawfully ad20 mitted for permanent residence or a citizen 

21 of the United States; (II) is the beneficiary 

22 of an approved petition to accord immi23 grant status on the basis of such family re24 lationship that was filed under section 204 

25 by such family member; (III) has available 


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1 to the alien an immigrant visa number; 

2 (IV) has waited more than 6 months for 

3 the issuance of an immigrant visa based 

4 upon an application made by the alien; and 

5 (V) seeks to enter the United States to 

6 await such issuance;’’. 

7 (b) ADMISSION OF NONIMMIGRANTS.—Section 

8 214(d) (8 U.S.C. 1184(d)) is amended— 

9 (1) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; 

10 and 

11 (2) by adding at the end the following: 

12 ‘‘A visa shall not be issued under the provisions of 

13 section 101(a)(15)(K)(iv) until the consular officer has re14 ceived a petition filed in the United States by the lawful 

15 permanent resident or citizen relative of the applying alien 

16 and approved by the Secretary of Homeland Security. The 

17 petition shall be in such form and contain such informa18 tion as the Secretary shall, by regulation, prescribe.’’. 

19 SEC. 104. ELIMINATION OF AFFIDAVIT OF SUPPORT RE20 QUIREMENT. 

21 (a) GROUNDS FOR INELIGIBILITY FOR ADMISSION.— 

22 Section 212(a)(4) (8 U.S.C. 1182(a)(4)) is amended— 

23 (1) by amending subparagraph (B)(ii) to read 

24 as follows: 


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1 ‘‘(ii) If an alien submits an affidavit of 

2 support described in section 213A, in addition 

3 to the factors under clause (i), the consular of4 ficer or the Secretary of Homeland Security 

5 shall also consider such affidavit in determining 

6 whether the alien is inadmissible under this 

7 paragraph.’’; and 

8 (2) by striking subparagraphs (C) and (D). 

9 (b) REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF

10 SUPPORT.—Subsections (a)(1)(A), (f)(1)(E), and 

11 (f)(4)(B)(i) of section 213A (8 U.S.C. 1183a(a)(1)(A), 

12 (f)(1)(E), and (f)(4)(B)(i)) are amended by striking 

13 ‘‘125’’ and inserting ‘‘100’’. 

14 TITLE II—ESTABLISHMENT OF A 

15 BOARD OF VISA APPEALS FOR 

16 FAMILY-BASED VISAS 

17 SEC. 201. ESTABLISHMENT OF A BOARD OF VISA APPEALS. 

18 (a) IN GENERAL.—The Immigration and Nationality 

19 Act is amended by inserting after section 224 the following 

20 new section: 

21 ‘‘BOARD OF VISA APPEALS

22 ‘‘SEC. 225. (a) ESTABLISHMENT.—The Secretary of 

23 State shall establish within the Department of State a 

24 Board of Family-based Visa Appeals. The Board shall be 

25 composed of 5 members who shall be appointed by the 

26 Secretary. Not more than 2 members of the Board may 


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1 be consular officers. The Secretary shall designate a mem2 ber who shall be chairperson of the Board. 

3 ‘‘(b) AUTHORITY AND FUNCTIONS.—The Board shall 

4 have authority to review any discretionary decision of a 

5 consular officer with respect to an alien concerning the 

6 denial, revocation, or cancellation of an immigrant visa of 

7 someone who has the immediate relative status described 

8 in section 201(2)(A)(i) and (ii); or a preference classifica9 tion described in section 203(a). The review of the Board 

10 shall be made upon the record for decision of the consular 

11 officer, including all documents, notes, and memoranda 

12 filed with the consular officer, supplemented by affidavits 

13 and other writings if offered by the consular officer or 

14 alien. Upon a showing that the decision of the consular 

15 official is contrary to the preponderance of the evidence, 

16 the Board shall have authority to overrule, or remand for 

17 further consideration, the decision of such consular officer. 

18 ‘‘(c) PROCEDURE.—Proceedings before the Board 

19 shall be in accordance with such regulations, not incon20 sistent with this Act and sections 556 and 557 of title 

21 5, United States Code, as the Secretary of State shall pre22 scribe. Such regulations shall include requirements that 

23 provide that— 

24 ‘‘(1) at the time of any decision of a consular 

25 officer under subsection (b), the interested party deVerDate Mar 15 2010 22:34 Apr 19, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1525.IH H1525

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1 fined in subsection (d) shall be given notice of the 

2 availability of the review process and the necessary 

3 steps to request such review; 

4 ‘‘(2) a written record of the proceedings and de5 cision of the consular officer (in accordance with sec6 tions 556 and 557 of title 5, United States Code) 

7 shall be available to the Board, and on payment of 

8 lawfully prescribed costs, shall be made available to 

9 the alien; 

10 ‘‘(3) upon receipt of request for review under 

11 this section, the Board shall, within 30 days, notify 

12 the consular officer with respect to whose decision 

13 review is sought, and, upon receipt of such notice, 

14 such officer shall promptly (but in no event more 

15 than 30 days after such receipt) forward to the 

16 Board the record of proceeding as described in sub17 section (b); 

18 ‘‘(4) the appellant shall be given notice, reason19 able under all the circumstances of the time and 

20 place at which the Board proceedings will be held; 

21 ‘‘(5) the appellant may be represented (at no 

22 expense to the Government) by such counsel, author23 ized to practice in such proceedings, as the appellant 

24 shall choose; and 


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1 ‘‘(6) a request for review under this section 

2 must be made in writing to the Board within 60 

3 days after receipt of notice of the denial, revocation, 

4 or cancellation. 

5 ‘‘(d) INTERESTED PARTIES.—The Board shall review 

6 each decision described in subsection (b) upon request by 

7 the petitioner of an immigrant visa petition approved 

8 under section 201(2)(A)(i) and (ii) or 203(a). 

9 ‘‘(e) CONSTRUCTION.—This section may not be con10 strued to restrict any right to further administrative or 

11 judicial review established under any other provision of 

12 law. 

13 ‘‘(f) FEES.—The Secretary of State shall charge, and 

14 collect, an appropriate fee associated with a request to the 

15 Board for a review. Such fee shall be sufficient to cover 

16 the cost of the administration of this section.’’. 

17 (b) TECHNICAL AMENDMENTS.— 

18 (1) Section 222(f) (8 U.S.C. 1202(f)) is amend19 ed by adding at the end: ‘‘An interested party under 

20 section 225(d) or court shall be permitted to inspect 

21 the record of proceeding as described in subsections 

22 (c)(2) and (c)(3) of section 225.’’. 

23 (2) Section 104(a)(1) (8 U.S.C. 1104(a)(1)) is 

24 amended by striking ‘‘except’’ and inserting ‘‘includ25 ing’’. 


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1 (3) The table of contents is amended by insert2 ing after the item relating to section 224 the fol3 lowing new item: 

‘‘Sec. 225. Board of Visa Appeals.’’. 

4 TITLE III—ELIMINATION OF 

5 UNFAIR RESTRICTIONS 

6 SEC. 301. ACQUISITION OF CITIZENSHIP FOR CHILDREN 

7 BORN ABROAD AND OUT OF WEDLOCK TO A 

8 UNITED STATES CITIZEN FATHER. 

9 (a) REQUIREMENTS FOR CITIZENSHIP ELIGI10 BILITY.—Section 309(a) (8 U.S.C. 1409(a)) is amended— 

11 (1) in paragraph (2), by adding ‘‘and’’ at the 

12 end; 

13 (2) by striking paragraph (3); 

14 (3) in paragraph (4), by striking ‘‘while the 

15 person is under the age of 18 years—’’ and inserting 

16 ‘‘at any time—’’; and 

17 (4) by redesignating paragraph (4) as para18 graph (3). 

19 (b) CLARIFICATION REGARDING DECEASED PAR20 ENTS OF CHILDREN BORN ABROAD AND OUT OF WED21 LOCK.—Section 309 (8 U.S.C. 1409) is amended by add22 ing at the end the following: 

23 ‘‘(d) Nothing in this section shall be construed to pre24 clude a person who is a citizen or national of the United 

25 States by virtue of a provision of this section from estabVerDate Mar 15 2010 22:34 Apr 19, 2013 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1525.IH H1525

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1 lishing such status under this title after the death of the 

2 person’s father, mother, or parents.’’. 

3 (c) APPLICATION OF CITIZENSHIP PROVISIONS.— 

4 The amendments made by this Act shall apply to persons 

5 born out of wedlock who are alive on or after the date 

6 of the enactment of this Act. 

7 SEC. 302. ALLOW AUNTS AND UNCLES OR GRANDPARENTS 

8 TO ADOPT ORPHANED OR ABANDONED CHIL9 DREN OF THE DECEASED RELATIVE. 

10 Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is amend11 ed— 

12 (1) by striking ‘‘or’’ at the end of subparagraph 

13 (E) and inserting a semicolon; 

14 (2) by striking the period at the end of sub15 paragraph (F) and inserting a colon; 

16 (3) by striking the period at the end of sub17 paragraph (G) and inserting ‘‘; and’’; and 

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

19 ‘‘(H) a child adopted in the United States or 

20 abroad or who is coming to the United States for 

21 adoption by a grandparent, aunt or uncle while 

22 under the age of eighteen years, who has suffered 

23 the death or disappearance of, abandonment or de24 sertion by, or separation or loss from, both parents, 

25 or for whom the sole or surviving parent is incapable 


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1 of providing proper care and has consented in writ2 ing to the adoption, if the Secretary of Homeland 

3 Security is satisfied that proper care will be fur4 nished the child if admitted to the United States. No 

5 natural parent or prior adoptive parent of any such 

6 child shall thereafter, by virtue of such parentage, be 

7 accorded any right, privilege, or status under this 

8 Act. Nothing in this subsection shall be construed to 

9 require the child to be released to an orphanage as 

10 a prerequisite for eligibility.’’. 

11 SEC. 303. RELIEF FOR SURVIVING SPOUSES, CHILDREN 

12 AND PARENTS. 

13 (a) IN GENERAL.—Section 201(b)(2)(A)(i) (8 U.S.C. 

14 1151(b)(2)(A)(i)) is amended— 

15 (1) by inserting ‘‘, and if married for less than 

16 two years at the time of the citizen’s death proves 

17 by a preponderance of the evidence that the mar18 riage was entered into in good faith and not solely 

19 for the purpose of obtaining an immigration ben20 efit,’’ after ‘‘within 2 years after such date’’; and 

21 (2) by inserting ‘‘In the case of an alien who 

22 was the child or parent of a citizen of the United 

23 States at the time of the citizen’s death, the alien 

24 shall be considered, for purposes of this subsection, 

25 to remain an immediate relative after the date of the 


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1 citizen’s death but only if the alien files a petition 

2 under section 204(a)(1)(A)(ii) within two years after 

3 such date in the case of a parent, or prior to reach4 ing the age of 21 in the case of a child.’’ after ‘‘re5 marries.’’. 

6 (b) PETITION.—Section 204(a)(1)(A)(ii) (8 U.S.C. 

7 1154(a)(1)(A)(ii)) is amended by inserting ‘‘or an alien 

8 child or alien parent described in the third sentence of sec9 tion 201(b)(2)(A)(i)’’ after ‘‘section 201(b)(2)(A)(i)’’. 

10 (c) TRANSITION PERIOD.—In applying section 

11 201(b)(2)(A)(i) (8 U.S.C. 1151(b)(2)(A)(i)), as amended 

12 by subsection (a), in the case of an alien whose citizen 

13 relative died before the date of the enactment of this Act, 

14 the alien relative may (notwithstanding the deadlines spec15 ified in such subsection) file the classification petition re16 ferred to in such subsection within 2 years after the date 

17 of the enactment of this Act. In the case of an alien who 

18 was excluded, deported, removed or departed voluntarily 

19 before the date of the enactment of this Act, such alien 

20 shall be eligible for parole into the United States pursuant 

21 to the Secretary of Homeland Security’s authority under 

22 section 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)), and 

23 such alien’s application for adjustment of status shall be 

24 considered notwithstanding section 212(a)(9) (8 U.S.C. 

25 1182(a)(9)). 


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1 (d) ADJUSTMENT OF STATUS.—Section 245 (8 

2 U.S.C. 1255) is amended by adding at the end the fol3 lowing: 

4 ‘‘(n) APPLICATIONS FOR ADJUSTMENT OF STATUS

5 BY SURVIVING SPOUSES, CHILDREN AND PARENTS.— 

6 ‘‘(1) IN GENERAL.—Any alien described in 

7 paragraph (2) who applied for adjustment of status 

8 prior to the death of the qualifying relative, may 

9 have such application adjudicated as if such death 

10 had not occurred. 

11 ‘‘(2) ALIEN DESCRIBED.—An alien described in 

12 this paragraph is an alien who— 

13 ‘‘(A) is an immediate relative as described 

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

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

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

17 203; 

18 ‘‘(C) is a derivative beneficiary of an em19 ployment-based immigrant under section 

20 203(b), as described in section 203(d); or 

21 ‘‘(D) is a derivative beneficiary of a diver22 sity immigrant as described in section 203(c).’’. 

23 (e) TRANSITION PERIOD.—Notwithstanding a denial 

24 of an application for adjustment of status, in the case of 

25 an alien whose qualifying relative died before the date of 


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1 the enactment of this Act, such application may be re2 newed by the alien through a motion to reopen, without 

3 fee, filed within two years after the date of the enactment 

4 of this Act. In the case of an alien who was excluded, de5 ported, removed or departed voluntarily before the date 

6 of the enactment of this Act, such alien shall be eligible 

7 for parole into the United States pursuant to the Sec8 retary of Homeland Security’s authority under section 

9 212(d)(5) (8 U.S.C. 1182(d)(5)), and such alien’s applica10 tion for adjustment of status shall be considered notwith11 standing section 212(a)(9) (8 U.S.C. 1182(a)(9)). 

12 SEC. 304. ELIMINATING THE WIDOWED PERMANENT RESI13 DENT’S NATURALIZATION PENALTY. 

14 Section 319(a) (8 U.S.C. 1429(a)) is amended by in15 serting ‘‘or, if the spouse is deceased, the spouse was a 

16 citizen of the United States,’’ after ‘‘(a) Any person whose 

17 spouse is a citizen of the United States,’’. 

18 TITLE IV—PREVENTING SEX OF19 FENDERS FROM USING OUR 

20 IMMIGRATION LAWS TO 

21 BRING INNOCENT, UNSUS22 PECTING VICTIMS INTO THE 

23 UNITED STATES 

24 SEC. 401. FINDINGS. 

25 The Congress finds the following: 


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1 (1) Immigration law allows citizens and aliens 

2 lawfully admitted for permanent residence to bring 

3 foreign family members to the United States on the 

4 basis of immediate relative status or a preference 

5 classification. 

6 (2) Immediate relative status and preference 

7 classifications are obtained by filing petitions with 

8 the Secretary of Homeland Security. 

9 (3) For national security purposes, the Sec10 retary of Homeland Security conducts background 

11 checks on the beneficiaries of such petitions and, 

12 since September 11, 2001, on the petitioners as well. 

13 (4) The Government Accountability Office 

14 (GAO) has determined that, in fiscal year 2005, at 

15 least 398 of the petitioners who filed family-based 

16 visa petitions were on the National Sex Offender 

17 Registry maintained by the Federal Bureau of In18 vestigations. 

19 (5) GAO was only able to ascertain the nature 

20 of the sex offense for 194 of the 398 petitioners. 

21 (6) GAO was able to ascertain, however, that 

22 119 of the convictions were for sex assault, 35 for 

23 child fondling, 9 for strong arm rape, 9 for carnal 

24 abuse combined with a sexual assault, 7 were for 

25 statutory rape, 4 for crimes against persons, 3 for 


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1 indecent exposure, 2 for kidnapping, 2 for obscene 

2 material possession, 1 for exploitation of a minor 

3 with photographs, 1 for incest with a minor, 1 for 

4 sodomizing a boy, and 1 for restricting movement. 

5 (7) At least 14 of the 398 petitioners were clas6 sified as ‘‘sexual predators’’, which means a deter7 mination had been made that they are likely to com8 mit additional sex offenses. 

9 (8) At least 45 of the petitioners were convicted 

10 of sex offenses against children. 

11 (9) The Immigration and Nationality Act does 

12 not provide the Secretary of Homeland Security with 

13 authorization to deny family-based petitions on the 

14 basis of a petitioner’s conviction for a sex offense, 

15 even when the conviction record indicates that a 

16 spouse or a child beneficiary may be in grave dan17 ger. 

18 SEC. 402. DISCRETIONARY AUTHORITY TO DENY FAMILY19 SPONSORED CLASSIFICATION PETITION BY 

20 PETITIONER LISTED ON NATIONAL SEX OF21 FENDER REGISTRY. 

22 Section 204 (8 U.S.C. 1154) is amended by adding 

23 at the end the following: 


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1 ‘‘(m) AUTHORITY TO DENY FAMILY-BASED PETI2 TION BY PETITIONER LISTED ON NATIONAL SEX OF3 FENDER REGISTRY.— 

4 ‘‘(1) IN GENERAL.—The Secretary Homeland 

5 Security may, in the discretion of the Secretary, 

6 deny a petition under subsection (a) for classifica7 tion of a spouse or child if— 

8 ‘‘(A) the Secretary has confirmed that the 

9 petitioner is on the national sex offender reg10 istry maintained by the Federal Bureau of In11 vestigation for a conviction that individually 

12 (disregarding any aggregation due to any other 

13 conviction) resulted in incarceration for more 

14 than 1 year; 

15 ‘‘(B) the petitioner has been given at least 

16 90 days to establish that the petitioner is not 

17 the person named on the registry or that the 

18 conviction did not result in incarceration for 

19 more than 1 year and has failed to establish 

20 such fact; and 

21 ‘‘(C) the Secretary finds that granting the 

22 petition would put a primary or derivative 

23 spouse or child beneficiary in grave danger of 

24 being sexually abused. 


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1 ‘‘(2) DETERMINING DANGER.—In making the 

2 determination under paragraph (1)(C), the Secretary 

3 shall use the following principles: 

4 ‘‘(A) NATURE OF THE RELATIONSHIP.—In 

5 evaluating a petitioner who has filed a petition 

6 for a spouse, consideration should be given to 

7 indications of how well the petitioner and the 

8 spouse know each other. Petitions filed on the 

9 basis of marriages between men and women 

10 who have had little direct, personal contact with 

11 each other should be viewed with suspicion. In 

12 cases where the petitioner and the spouse have 

13 had little direct, personal contact with each 

14 other, evidence should be submitted to establish 

15 that they have gotten to know each other in 

16 some other way. 

17 ‘‘(B) NATURE OF THE SEX OFFENSE.— 

18 Consideration should be given to when each of19 fense occurred for which the petitioner was in20 carcerated for more than a year, how serious it 

21 was, the sentence that was imposed, how long 

22 the petitioner was incarcerated, the age of the 

23 petitioner when it was committed, and the char24 acteristics of the victim. 


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1 ‘‘(C) REHABILITATION.—Evidence of reha2 bilitation should be evaluated with respect to 

3 whether it diminishes the risk of sexual abuse 

4 to the primary or derivative spouse or child 

5 beneficiaries. 

6 ‘‘(D) PREVIOUS VISA PETITIONS.—The 

7 records for any previous petitions shall be ex8 amined to determine whether they provide or 

9 might lead to evidence that is pertinent to de10 termining whether granting the petition would 

11 put a primary or derivative spouse or child ben12 eficiary in grave danger of being sexually 

13 abused. 

14 ‘‘(3) REBUTTAL.—If the Secretary intends to 

15 deny a petition under paragraph (1), the Secretary 

16 shall provide the petitioner with a notice that states 

17 the reasons for the intended denial and provides the 

18 petitioner with at least 90 days to submit rebuttal 

19 evidence. Rebuttal should focus primarily on the fac20 tors that led the Secretary to believe that granting 

21 the petition would put a primary or derivative 

22 spouse or child beneficiary in grave danger of being 

23 sexually abused. 

24 ‘‘(4) POST-DENIAL REMEDIES.— 


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1 ‘‘(A) APPEAL.—All final denials under 

2 paragraph (1) may be appealed to the Board of 

3 Immigration Appeals. 

4 ‘‘(B) NEW PETITION.—The petitioner may 

5 file a new petition whenever the petitioner has 

6 additional evidence that the petitioner believes 

7 might be sufficient to warrant granting the new 

8 petition. 

9 ‘‘(5) DISCLOSURE BY THE SECRETARY OF

10 HOMELAND SECURITY TO BENEFICIARIES.—In all 

11 cases in which it has been confirmed that the name 

12 of a petitioner under subsection (a) is listed on the 

13 national sex offender registry maintained by the 

14 Federal Bureau of Investigation, and regardless of 

15 whether the Secretary may exercise discretion under 

16 paragraph (1), the Secretary shall give the petitioner 

17 at least 90 days to establish that the petitioner is 

18 not the person named on the registry. If the peti19 tioner fails to establish that the petitioner is not the 

20 person named on the registry within the time allot21 ted, the Secretary shall provide the beneficiaries with 

22 a written copy of the information on the registry 

23 that is available to the public before making a deci24 sion on the petition. The beneficiary shall be inVerDate Mar 15 2010 22:34 Apr 19, 2013 Jkt 029200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H1525.IH H1525

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1 formed that the registry information is based on 

2 available records and may not be complete. 

3 ‘‘(6) DISCLOSURE TO DEPARTMENT OF

4 STATE.—In all cases in which it has been confirmed 

5 that the name of a petitioner under subsection (a) 

6 is listed on the national sex offender registry main7 tained by the Federal Bureau of Investigation, and 

8 regardless of whether the Secretary may exercise 

9 discretion under paragraph (1), the Secretary shall 

10 provide the Secretary of State with— 

11 ‘‘(A) a separate document with information 

12 about the record on the national sex offender 

13 registry that is available to the public; 

14 ‘‘(B) any additional information it has that 

15 raises concern that a primary or derivative 

16 spouse or child beneficiary may be subject to 

17 sexual abuse, including information from the 

18 registry that is not available to the public; and 

19 ‘‘(C) information about any previous peti20 tions under subsection (a) filed by the peti21 tioner. 

22 ‘‘(7) DISCLOSURE BY CONSULAR OFFICER TO

23 BENEFICIARIES.—When a petition under subsection 

24 (a) is granted, if the petition is filed by a petitioner 

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1 identification described in paragraph (5), the con2 sular officer shall conduct an interview with the pri3 mary or derivative spouse or child beneficiary of the 

4 petition before issuing a visa to the beneficiary. At 

5 least part of the interview must be held without the 

6 presence of the petitioner. During the private part of 

7 the interview, the beneficiary will be given a written 

8 copy of the information about the petitioner from 

9 the registry that is available to the public. This doc10 ument must be written in the beneficiary’s primary 

11 language. The consular officer is required to advise 

12 the beneficiary that approval of the visa petition 

13 does not mean that there are no reasons to be con14 cerned about his or her safety. 

15 ‘‘(8) ADDITIONAL RESPONSIBILITIES OF CON16 SULAR OFFICER.—The consular officer may return 

17 files to the Secretary of Homeland Security for fur18 ther consideration in cases where the consular offi19 cer is concerned that granting the visa might put a 

20 primary or derivative spouse or child beneficiary in 

21 grave danger of being sexually abused. When return22 ing a file under the previous sentence, the consular 

23 officer may add any additional information or obser24 vations the officer has that might have a bearing on 

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1 sults of any field examination that has been con2 ducted.’’. 

3 SEC. 403. REMOVAL OF CONDITIONAL PERMANENT RESI4 DENT STATUS. 

5 (a) IDENTIFY AND PROVIDE ASSISTANCE FOR

6 SPOUSES AND CHILDREN WHO ARE SUBJECT TO SEXUAL

7 ABUSE OR RELATED TYPES OF HARM.—Section 

8 216(d)(3) (8 U.S.C. 1186a(d)(3)) is amended— 

9 (1) by inserting before ‘‘The interview’’ the fol10 lowing: 

11 ‘‘(A) IN GENERAL.—Subject to subpara12 graph (B), the interview’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(B) PETITIONER LISTED ON NATIONAL

15 SEX OFFENDER REGISTRY.—In all cases where 

16 the Secretary of Homeland Security has con17 firmed that a petitioning spouse is listed on the 

18 national sex offender registry maintained by the 

19 Federal Bureau of Investigation, an interview 

20 with the alien spouse, and any alien sons or 

21 daughters, shall be required prior to removal of 

22 the conditional status, and at least part of the 

23 interview shall be held without the presence of 

24 the petitioning spouse. During the private por25 tion of the interview, questions will be asked to 


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1 determine whether an investigation should be 

2 conducted regarding the welfare of the alien 

3 spouse, or any alien son or daughter. If it is de4 termined that any alien spouse, son, or daugh5 ter is being abused or harmed by the peti6 tioning spouse, the victim shall be offered what7 ever assistance is appropriate, including infor8 mation on ways to remain in the United States 

9 that do not depend on continuing the qualifying 

10 marriage.’’. 

11 (b) HARDSHIP WAIVER IN CASES WHERE THE ALIEN

12 SPOUSE OR CHILD IS SUBJECT TO SEXUAL ABUSE.—Sec13 tion 216(c)(4) (8 U.S.C. 1186a(c)(4)) is amended— 

14 (1) in subparagraph (B), by striking ‘‘or’’ at 

15 the end; 

16 (2) in subparagraph (C), by striking the period 

17 at the end and inserting ‘‘, or’’; and 

18 (3) by inserting after subparagraph (C) the fol19 lowing: 

20 ‘‘(D) the qualifying marriage was entered 

21 into in good faith by the alien spouse and dur22 ing the marriage the alien spouse, or a son or 

23 daughter of the spouse, was sexually abused 

24 and the alien was not at fault in failing to meet 

25 the requirements of paragraph (1).’’. 


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1 SEC. 404. SPECIAL TASK FORCE TO IDENTIFY PEOPLE 

2 NAMED ON THE NATIONAL SEX OFFENDER 

3 REGISTRY WHO HAVE FILED FAMILY-BASED 

4 CLASSIFICATION PETITIONS. 

5 (a) IN GENERAL.—The Secretary of Homeland Secu6 rity shall establish a task force, to be known as the ‘‘Task 

7 Force to Rescue Immigrant Victims of American Sex Of8 fenders’’. The task force shall consist of officials from 

9 Federal, State, and local law enforcement agencies with 

10 experience in domestic violence, sex crimes, immigration 

11 law, trafficking in humans, organized crime, or any other 

12 area of experience which may be useful in completing the 

13 duties described in subsection (b). 

14 (b) DUTIES.—The duties of the task force shall be 

15 the following: 

16 (1) Working back in time from the date of the 

17 establishment of the task force, identifying individ18 uals on the Federal Bureau of Investigation’s sex of19 fender registry who have filed family-based petitions 

20 under section 204(a) of the Immigration and Na21 tionality Act. When a confirmed match has been 

22 made with the sex offender registry, the task force 

23 should ascertain whether the petitioner filed previous 

24 petitions. 

25 (2) Maintaining the information about the peti26 tioners in a comprehensive database. 


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1 (3) Prioritizing the information according to 

2 the likelihood that primary or derivative spouse or 

3 child beneficiaries are in danger of sexual abuse. 

4 (4) Developing a system for investigating the 

5 cases in which beneficiaries may be at risk and pro6 viding them with information on how to seek assist7 ance if they are abused. 

8 (5) Except for information on the registry that 

9 is available to the public, protecting the information 

10 produced by its investigations in accordance with the 

11 privacy rights of everyone involved in the investiga12 tion. 

13 (6) Taking whatever other actions as are rea14 sonable and appropriate when investigations lead to 

15 information about sexual abuse or other criminal ac16 tivities, including notifying State and local police de17 partments, government offices, public organizations 

18 that provide assistance to victims of sexual abuse, 

19 and religious organizations. 

20 (c) REPORT TO CONGRESS.—Not later than 270 days 

21 after the date of the enactment of this Act, the Secretary 

22 shall submit to the Congress a report on the findings and 

23 recommendations of the task force. The report shall in24 clude the following: 


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1 (1) An analysis of the information obtained in 

2 searching visa petition and national sex offender reg3 istry records. 

4 (2) The results of any investigations conducted 

5 by the task force. 

6 (3) Recommendations on administrative and 

7 legislative actions that would assist in identifying 

8 and protecting immigrant victims of sexual abuse or 

9 related harm. 

10 SEC. 405. AUTHORIZATION OF APPROPRIATIONS. 

11 There are authorized to be appropriated such sums 

12 as may be necessary to carry out the provisions of this 

13 Act. Amounts appropriated under this section shall remain 

14 available until expended. 

15 SEC. 406. REGULATIONS. 

16 Regulations implementing this Act shall be promul17 gated in final form not later than 180 days after the date 

18 of the enactment of this Act. 

19 TITLE V—LEGALIZATION FOR 

20 LONG-TERM RESIDENTS 

21 SEC. 501. EARNED ACCESS TO LEGALIZATION. 

22 (a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 

23 1255 et seq.) is amended by inserting after section 245A 

24 the following: 


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1 ‘‘ADJUSTMENT OF STATUS ON THE BASIS OF EARNED

2 ACCESS TO LEGALIZATION

3 ‘‘SEC. 245B. (a) IN GENERAL.—The Secretary of 

4 Homeland Security may adjust the status of an alien to 

5 that of an alien lawfully admitted for permanent residence 

6 if the alien— 

7 ‘‘(1) was physically present in the United 

8 States for a continuous period of not less than 5 

9 years immediately preceding the date on which this 

10 provision was enacted and has maintained contin11 uous physical presence since then; 

12 ‘‘(2) has at all times been a person of good 

13 moral character; 

14 ‘‘(3) has never been convicted of a criminal of15 fense in the United States; 

16 ‘‘(4) in the case of an alien who is 18 years of 

17 age or older, but who is not over the age of 65, has 

18 successfully completed a course on reading, writing, 

19 and speaking words in ordinary usage in the English 

20 language, unless unable to do so on account of phys21 ical or developmental disability or mental impair22 ment; 

23 ‘‘(5) in the case of an alien 18 years of age or 

24 older, has accepted the values and cultural life of the 

25 United States; and 


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1 ‘‘(6) in the case of an alien 18 years of age or 

2 older, has performed at least 40 hours of community 

3 service. 

4 ‘‘(b) TREATMENT OF BRIEF, CASUAL, AND INNO5 CENT ABSENCES.—An alien shall not be considered to 

6 have failed to maintain a continuous presence in the 

7 United States for purposes of subsection (a)(1) by virtue 

8 of brief, casual, and innocent absences from the United 

9 States. 

10 ‘‘(c) ADMISSIBLE AS IMMIGRANT.— 

11 ‘‘(1) IN GENERAL.—The alien shall establish 

12 that the alien is admissible to the United States as 

13 an immigrant, except as otherwise provided in para14 graph (2). 

15 ‘‘(2) EXCEPTIONS.—The provisions of para16 graphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), 

17 (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) 

18 shall not apply in the determination of an alien’s ad19 missibility under this section. 

20 ‘‘(d) SECURITY AND LAW ENFORCEMENT CLEAR21 ANCES.—The alien, if over 15 years of age, shall submit 

22 fingerprints in accordance with procedures established by 

23 the Secretary of Homeland Security. Such fingerprints 

24 shall be submitted to relevant Federal agencies to be 

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1 ing to criminal, national security, or other law enforce2 ment actions that would render the alien ineligible for ad3 justment of status under this section. The Secretary of 

4 Homeland Security shall provide a process for challenging 

5 the accuracy of matches that result in a finding of ineligi6 bility for adjustment of status. 

7 ‘‘(e) INAPPLICABILITY OF NUMERICAL LIMITA8 TIONS.—When an alien is granted lawful permanent resi9 dent status under this subsection, the number of immi10 grant visas authorized to be issued under any provision 

11 of this Act shall not be reduced. The numerical limitations 

12 of sections 201 and 202 shall not apply to adjustment of 

13 status under this section. 

14 ‘‘(f) TERMINATION OF PROCEEDINGS.—The Sec15 retary of Homeland Security may terminate removal pro16 ceedings without prejudice pending the outcome of an 

17 alien’s application for adjustment of status under this sec18 tion on the basis of a prima facie showing of eligibility 

19 for relief under this section.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 is amended by inserting after the item relating to section 

22 245A the following: 

‘‘Sec. 245B. Adjustment of status on the basis of earned access to legalization.’’. 


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1 SEC. 502. LEGALIZATION PROVISIONS FOR CHILDREN. 

2 (a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 

3 1255 et seq.), as amended by section 501, is further 

4 amended by inserting after section 245B the following: 

5 ‘‘ADJUSTMENT OF STATUS FOR CERTAIN CHILDREN

6 ‘‘SEC. 245C. (a) IN GENERAL.—The Secretary of 

7 Homeland Security may adjust the status of an alien to 

8 that of an alien lawfully admitted for permanent residence 

9 if the alien is a child at the time of filing the application 

10 for such adjustment and establishes that the alien, at such 

11 time— 

12 ‘‘(1) has been physically present and enrolled in 

13 school in the United States for a continuous period 

14 of not less than 5 years immediately preceding the 

15 date of such application, and during that period has 

16 been a person of good moral character; 

17 ‘‘(2) has fully integrated into life in the United 

18 States; 

19 ‘‘(3) has learned English or is satisfactorily 

20 pursuing a course of study to achieve an under21 standing of English; 

22 ‘‘(4) is successfully pursuing an elementary 

23 school, middle school, high school, or college-level 

24 education; and 

25 ‘‘(5) if older than 13 years of age, has per26 formed at least 60 hours of community service. 


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1 ‘‘(b) TREATMENT OF BRIEF, CASUAL, AND INNO2 CENT ABSENCES.—An alien shall not be considered to 

3 have failed to maintain a continuous presence in the 

4 United States for purposes of subsection (a)(1) by virtue 

5 of brief, casual, and innocent absences from the United 

6 States. 

7 ‘‘(c) ADMISSIBLE AS IMMIGRANT.— 

8 ‘‘(1) IN GENERAL.—The alien shall establish 

9 that the alien is admissible to the United States as 

10 an immigrant, except as otherwise provided in para11 graph (2). 

12 ‘‘(2) APPLICABILITY OF CERTAIN PROVI13 SIONS.— 

14 ‘‘(A) GROUNDS OF INADMISSIBILITY NOT

15 APPLIED.—The provisions of paragraphs (5), 

16 (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), 

17 (9)(B), and (9)(C) of section 212(a) shall not 

18 apply in the determination of an alien’s admis19 sibility under this section. 

20 ‘‘(B) WAIVER OF OTHER GROUNDS.— 

21 ‘‘(i) IN GENERAL.—Except as pro22 vided in clause (ii), the Secretary of Home23 land Security may waive any other provi24 sion of section 212(a) in the case of an in25 dividual alien for humanitarian purposes, 


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1 to assure family unity, or when it is other2 wise in the public interest. 

3 ‘‘(ii) GROUNDS THAT MAY NOT BE

4 WAIVED.—The following provisions of sec5 tion 212(a) may not be waived by the Sec6 retary under clause (i): 

7 ‘‘(I) Paragraphs (2)(A) and 

8 (2)(B) (relating to criminals). 

9 ‘‘(II) Paragraph (2)(C) (relating 

10 to drug offenses), except for so much 

11 of such paragraph as relates to a sin12 gle offense of simple possession of 30 

13 grams or less of marijuana. 

14 ‘‘(III) Paragraph (3) (relating to 

15 security and related grounds). 

16 ‘‘(d) NO NUMERICAL LIMITATIONS.—The numerical 

17 limitations of sections 201 and 202 shall not apply to ad18 justment of status under this section. 

19 ‘‘(e) CONFIDENTIALITY OF INFORMATION.—Except 

20 as provided in this section, neither the Secretary of Home21 land Security, nor any other official or employee of the 

22 Department of Homeland Security, may— 

23 ‘‘(1) use information furnished by applicant for 

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1 pose other than to make a determination on the ap2 plication; 

3 ‘‘(2) make any publication whereby the infor4 mation furnished by any particular applicant can be 

5 identified; or 

6 ‘‘(3) permit anyone other than the sworn offi7 cers and employees of the Department, the appli8 cant, or a representative of the applicant to examine 

9 individual applications. 

10 ‘‘(f) DISSEMINATION OF INFORMATION.—The Sec11 retary of Homeland Security shall broadly disseminate in12 formation respecting the benefits which aliens may receive 

13 under this section and the requirements to obtain such 

14 benefits.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents, 

16 as amended by section 201, is amended further by insert17 ing after the item relating to section 245B the following: 

‘‘Sec. 245C. Adjustment of status for certain children.’’. 

18 SEC. 503. UPDATED REGISTRY PROVISION. 

19 (a) IN GENERAL.—Section 249 (8 U.S.C. 1259) is 

20 amended— 

21 (1) in the section heading by striking ‘‘1972’’ 

22 and inserting ‘‘1986’’; and 

23 (2) in item (a), by striking ‘‘1972’’ and insert24 ing ‘‘1986’’. 


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

2 is amended in the item relating to section 249 by striking 

3 ‘‘1972’’ and inserting ‘‘1986’’. 

4 TITLE VI—BORDER SECURITY 

5 PROVISIONS 

6 Subtitle A—Rapid Response 

7 Measures 

8 SEC. 601. EMERGENCY DEPLOYMENT OF UNITED STATES 

9 BORDER PATROL AGENTS. 

10 (a) IN GENERAL.—If the Governor of a State on an 

11 international border of the United States declares an 

12 international border security emergency and requests ad13 ditional United States Border Patrol agents from the Sec14 retary of Homeland Security, the Secretary is authorized, 

15 subject to subsections (b) and (c), to provide the State 

16 with up to 1,000 additional United States Border Patrol 

17 agents for the purpose of patrolling and defending the 

18 international border, in order to prevent individuals from 

19 crossing the international border and entering the United 

20 States at any location other than an authorized port of 

21 entry. 

22 (b) CONSULTATION.—The Secretary of Homeland 

23 Security shall consult with the President upon receipt of 

24 a request under subsection (a), and shall grant it to the 

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1 nificantly impair the Department of Homeland Security’s 

2 ability to provide border security for any other State. 

3 (c) COLLECTIVE BARGAINING.—Emergency deploy4 ments under this section shall be made in conformance 

5 with all collective bargaining agreements and obligations. 

6 SEC. 602. ELIMINATION OF FIXED DEPLOYMENT OF UNITED 

7 STATES BORDER PATROL AGENTS. 

8 The Secretary of Homeland Security shall ensure 

9 that no United States Border Patrol agent is precluded 

10 from performing patrol duties and apprehending violators 

11 of law, except in unusual circumstances where the tem12 porary use of fixed deployment positions is necessary. 

13 SEC. 603. HELICOPTERS AND POWER BOATS. 

14 (a) IN GENERAL.—The Secretary of Homeland Secu15 rity shall increase by not less than 100 the number of 

16 United States Border Patrol helicopters, and shall in17 crease by not less than 250 the number of United States 

18 Border Patrol power boats. The Secretary of Homeland 

19 Security shall ensure that appropriate types of helicopters 

20 are procured for the various missions being performed. 

21 The Secretary of Homeland Security also shall ensure that 

22 the types of power boats that are procured are appropriate 

23 for both the waterways in which they are used and the 

24 mission requirements. 


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1 (b) USE AND TRAINING.—The Secretary of Home2 land Security shall establish an overall policy on how the 

3 helicopters and power boats described in subsection (a) 

4 will be used and implement training programs for the 

5 agents who use them, including safe operating procedures 

6 and rescue operations. 

7 SEC. 604. CONTROL OF UNITED STATES BORDER PATROL 

8 ASSETS. 

9 The United States Border Patrol shall have complete 

10 and exclusive administrative and operational control over 

11 all the assets utilized in carrying out its mission, includ12 ing, aircraft, watercraft, vehicles, detention space, trans13 portation, and all of the personnel associated with such 

14 assets. 

15 SEC. 605. MOTOR VEHICLES. 

16 The Secretary of Homeland Security shall establish 

17 a fleet of motor vehicles appropriate for use by the United 

18 States Border Patrol that will permit a ratio of at least 

19 one police-type vehicle per every 3 United States Border 

20 Patrol agents. Additionally, the Secretary of Homeland 

21 Security shall ensure that there are sufficient numbers 

22 and types of other motor vehicles to support the mission 

23 of the United States Border Patrol. All vehicles will be 

24 chosen on the basis of appropriateness for use by the 

25 United States Border Patrol, and each vehicle shall have 


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1 a ‘‘panic button’’ and a global positioning system device 

2 that is activated solely in emergency situations for the 

3 purpose of tracking the location of an agent in distress. 

4 The police-type vehicles shall be replaced at least every 

5 3 years. 

6 SEC. 606. PORTABLE COMPUTERS. 

7 The Secretary of Homeland Security shall ensure 

8 that each police-type motor vehicle in the fleet of the 

9 United States Border Patrol is equipped with a portable 

10 computer with access to all necessary law enforcement 

11 databases and otherwise suited to the unique operational 

12 requirements of the United States Border Patrol. 

13 SEC. 607. RADIO COMMUNICATIONS. 

14 The Secretary of Homeland Security shall augment 

15 the existing radio communications system so all law en16 forcement personnel working in every area where United 

17 States Border Patrol operations are conducted have clear 

18 and encrypted two-way radio communication capabilities 

19 at all times. Each portable communications device shall 

20 be equipped with a ‘‘panic button’’ and a global posi21 tioning system device that is activated solely in emergency 

22 situations for the purpose of tracking the location of the 

23 agent in distress. 


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1 SEC. 608. HAND-HELD GLOBAL POSITIONING SYSTEM DE2 VICES. 

3 The Secretary of Homeland Security shall ensure 

4 that each United States Border Patrol agent is issued a 

5 state-of-the-art hand-held global positioning system device 

6 for navigational purposes. 

7 SEC. 609. NIGHT VISION EQUIPMENT. 

8 The Secretary of Homeland Security shall ensure 

9 that sufficient quantities of state-of-the-art night vision 

10 equipment are procured and maintained to enable each 

11 United States Border Patrol agent working during the 

12 hours of darkness to be equipped with a portable night 

13 vision device. 

14 SEC. 610. BORDER ARMOR. 

15 The Secretary of Homeland Security shall ensure 

16 that every United States Border Patrol agent is issued 

17 high-quality body armor that is appropriate for the climate 

18 and risks faced by the individual officer. Each officer shall 

19 be allowed to select from among a variety of approved 

20 brands and styles. Officers shall be strongly encouraged, 

21 but not mandated, to wear such body armor whenever 

22 practicable. All body armor shall be replaced at least every 

23 5 years. 

24 SEC. 611. WEAPONS. 

25 The Secretary of Homeland Security shall ensure 

26 that United States Border Patrol agents are equipped 


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1 with weapons that are reliable and effective to protect 

2 themselves, their fellow officers, and innocent third parties 

3 from the threats posed by armed criminals. In addition, 

4 the Secretary shall ensure that the Department’s policies 

5 allow all such officers to carry weapons that are suited 

6 to the potential threats that they face. 

7 SEC. 612. UNIFORMS. 

8 The Secretary of Homeland Security shall ensure 

9 that all United States Border Patrol agents are provided 

10 with all necessary uniform items, including outerwear suit11 ed to the climate, footwear, belts, holsters, and personal 

12 protective equipment, at no cost to such agents. Such 

13 items shall be replaced at no cost to such agents as they 

14 become worn, unserviceable, or no longer fit properly. 

15 Subtitle B—Detention Pending 

16 Removal 

17 SEC. 621. DETENTION FACILITIES FOR ALIENS ARRESTED 

18 FOR ILLEGAL ENTRY. 

19 The Secretary of Homeland Security shall make ar20 rangements for the availability of 100,000 additional beds 

21 for detaining aliens taken into custody by immigration of22 ficials. Some of these beds shall be rented from Federal, 

23 State, and local detention facilities. The remainder of the 

24 100,000 shall be constructed to meet this demand on a 


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1 temporary basis and then converted to other use when 

2 they are no longer needed as detention facilities. 

3 SEC. 622. EXPANSION AND EFFECTIVE MANAGEMENT OF 

4 DETENTION FACILITIES. 

5 (a) IN GENERAL.—Subject to the availability of ap6 propriations, the Secretary of Homeland Security shall 

7 fully utilize— 

8 (1) all available detention facilities operated or 

9 contracted by the Department of Homeland Secu10 rity; 

11 (2) all possible options to cost effectively in12 crease available detention capacities, including the 

13 use of State and local correctional facilities, private 

14 space, and secure alternatives to detention; and 

15 (3) the Department’s Office of Civil Rights and 

16 Civil Liberties shall monitor all facilities that are 

17 being used to hold detainees for more than 72 hours. 

18 The monitoring will include an evaluation of whether there 

19 is compliance with the requirements of the Department’s 

20 Detention Operations Manual. 

21 (b) SECURE ALTERNATIVES TO DETENTION PRO22 GRAM.— 

23 (1) NATURE OF THE PROGRAM.—For purposes 

24 of this section, the secure alternatives to detention 

25 referred to in subsection (a) is a program under 


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1 which eligible aliens are released to the custody of 

2 suitable individual or organizational sponsors who 

3 will supervise them, use appropriate safeguards to 

4 prevent them from absconding, and ensure that they 

5 make required appearances. 

6 (2) PROGRAM DEVELOPMENT.—The program 

7 shall be developed in accordance with the following 

8 guidelines: 

9 (A) The Secretary shall design the pro10 gram in consultation with nongovernmental or11 ganizations and academic experts in both the 

12 immigration and the criminal justice fields. 

13 Consideration should be given to methods that 

14 have proven successful in appearance assistance 

15 programs, such as the appearance assistance 

16 program developed by the Vera Institute and 

17 the Department of Homeland Security’s Inten18 sive Supervision Appearance Program. 

19 (B) The program shall utilize a continuum 

20 of alternatives based on the alien’s need for su21 pervision, including placement of the alien with 

22 an individual or organizational sponsor, a su23 pervised group home, or in a supervised, non24 penal community setting that has guards sta25 tioned along its perimeter. 


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1 (C) The Secretary shall enter into con2 tracts with nongovernmental organizations and 

3 individuals to implement the secure alternatives 

4 to detention program. 

5 (c) ELIGIBILITY AND OPERATIONS.— 

6 (1) SELECTION OF PARTICIPANTS.—The Sec7 retary shall select aliens to participate in the pro8 gram from designated groups specified in paragraph 

9 (4) if the Secretary determines that such aliens are 

10 not flight risks or dangers to the community. 

11 (2) VOLUNTARY PARTICIPATION.—An alien’s 

12 participation in the program is voluntary and shall 

13 not confer any rights or benefits to the alien under 

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

15 et seq.). 

16 (3) LIMITATION ON PARTICIPATION.— 

17 (A) IN GENERAL.—Only aliens who are in 

18 expedited removal proceedings under section 

19 236 of the Immigration and Nationality Act (8 

20 U.S.C. 1226) may participate in the program. 

21 (B) RULES OF CONSTRUCTION.— 

22 (i) ALIENS APPLYING FOR ASYLUM.— 

23 Aliens who have established a credible fear 

24 of persecution and have been referred to 

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1 view for an asylum hearing shall not be 

2 considered to be in expedited removal pro3 ceedings and the custody status of such 

4 aliens after service of a Notice to Appear 

5 shall be determined in accordance with the 

6 procedures governing aliens in removal 

7 proceedings under section 240 of such Act 

8 (8 U.S.C. 1229a). 

9 (ii) UNACCOMPANIED ALIEN CHIL10 DREN.—Unaccompanied alien children (as 

11 defined in section 462(g)(2) of the Home12 land Security Act (6 U.S.C. 279(g)(2))) 

13 shall be considered to be in the care and 

14 exclusive custody of the Department of 

15 Health and Human Services and shall not 

16 be subject to expedited removal and shall 

17 not be permitted to participate in the pro18 gram. 

19 (4) DESIGNATED GROUPS.—The designated 

20 groups referred to in paragraph (1) are the fol21 lowing: 

22 (A) Alien parents who are being detained 

23 with one or more of their children, and their de24 tained children. 


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1 (B) Aliens who have serious medical or 

2 mental health needs. 

3 (C) Aliens who are mentally retarded or 

4 autistic. 

5 (D) Pregnant alien women. 

6 (E) Elderly aliens who are over the age of 

7 65. 

8 (F) Aliens placed in expedited removal pro9 ceedings after being rescued from trafficking or 

10 criminal operations by Government authorities. 

11 (G) Other groups designated in regulations 

12 promulgated by the Secretary. 

13 (5) IMPLEMENTING REGULATIONS.—Not later 

14 than 180 days after the date of the enactment of 

15 this Act, the Secretary shall promulgate regulations 

16 to implement the secure alternatives to detention 

17 program and to standardize the care and treatment 

18 of aliens in immigration custody based on the Deten19 tion Operations Manual of the Department of 

20 Homeland Security. 

21 (6) DECISIONS REGARDING PROGRAM NOT RE22 VIEWABLE.—The decisions of the Secretary regard23 ing when to utilize the program and to what extent 

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1 gram shall not be subject to administrative or judi2 cial review. 

3 (d) REPORTING REQUIREMENTS.—Not later than 

4 180 days after the date of the enactment of this Act and 

5 annually thereafter, the Secretary shall submit to the 

6 Committee on Homeland Security of the House of Rep7 resentatives, the Committee on the Judiciary of the House 

8 of Representatives, the Committee on Homeland Security 

9 and Governmental Affairs of the Senate, and the Com10 mittee on the Judiciary of the Senate a report that details 

11 all policies, regulations, and actions taken to comply with 

12 the provisions in this section, including maximizing deten13 tion capacity and increasing the cost-effectiveness of de14 tention by implementing the secure alternatives to deten15 tion program, and a description of efforts taken to ensure 

16 that all aliens in expedited removal proceedings are resid17 ing under conditions that are safe, secure, and healthy. 

18 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to the Secretary of 

20 Homeland Security such sums as may be necessary to 

21 carry out this section. Amounts appropriated pursuant to 

22 this section shall remain available until expended. 


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1 Subtitle C—Recruitment and Re2 tention of Additional Immigra3 tion Law Enforcement Per4 sonnel 

5 SEC. 631. ADDITIONAL UNITED STATES BORDER PATROL 

6 AGENTS. 

7 The Secretary of Homeland Security shall increase 

8 the number of United States Border Patrol agents by— 

9 (1) 2,500 in fiscal year 2014; 

10 (2) 2,750 in fiscal year 2015; 

11 (3) 3,000 in fiscal year 2016; 

12 (4) 3,250 in fiscal year 2017; and 

13 (5) 3,500 in fiscal year 2018. 

14 SEC. 632. PROVISIONS RELATING TO THE EXERCISE OF 

15 CERTAIN APPOINTMENT AND OTHER SIMI16 LAR AUTHORITIES WITH RESPECT TO THE 

17 UNITED STATES BORDER PATROL. 

18 (a) IN GENERAL.—Notwithstanding any other provi19 sion of law— 

20 (1) all authority described in subsection (b) 

21 that (but for this section) would otherwise be vested 

22 in the Secretary of Homeland Security shall instead 

23 be vested in the head of the United States Border 

24 Patrol; 


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1 (2) an individual may not be appointed or con2 tinue to serve as the head of the United States Bor3 der Patrol if, at the time of appointment, such indi4 vidual has not completed at least 20 years of service, 

5 within the competitive service (as defined by section 

6 2102 of title 5, United States Code), as a United 

7 States Border Patrol agent; and 

8 (3) all activities described in subsection (b) 

9 shall be considered inherently Governmental func10 tions and may not be carried out by any persons 

11 other than employees of the United States Border 

12 Patrol. 

13 (b) AUTHORITIES DESCRIBED.—This section applies 

14 with respect to any authority relating to the recruitment, 

15 selection, and appointment of applicants (including the 

16 conducting of any investigation necessary to approve or 

17 grant security clearances) for United States Border Patrol 

18 agents, law enforcement officers (other than United States 

19 Border Patrol agents), and such other positions within the 

20 United States Border Patrol as the head of the United 

21 States Border Patrol may by regulation determine. 

22 (c) REGULATIONS.—The head of the United States 

23 Border Patrol shall by regulation identify the specific au24 thorities, including citations to the relevant provisions of 

25 law, rule, or regulation, to which this section applies. 


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1 SEC. 633. TRAINING FACILITIES. 

2 The Secretary of Homeland Security shall ensure 

3 that the training facilities used to train newly hired United 

4 States Border Patrol agents are sufficiently spacious and 

5 modern to ensure that all recruits are afforded the highest 

6 possible quality training, as well as reasonably comfortable 

7 living conditions. All dormitories shall be constructed so 

8 that each trainee is housed in separate quarters. More9 over, the Secretary shall ensure that the training sites se10 lected contains adequate housing for all permanent and 

11 temporary instructors within the local commuting area. 

12 SEC. 634. OPERATIONAL FACILITIES. 

13 The Secretary of Homeland Security shall ensure 

14 that all operational facilities of the United States Border 

15 Patrol are well-equipped and sufficiently spacious and 

16 modern to enable all of the personnel assigned to such fa17 cilities to efficiently accomplish the agency’s mission. 

18 SEC. 635. MAXIMUM STUDENT LOAN REPAYMENTS FOR 

19 UNITED STATES BORDER PATROL AGENTS. 

20 Section 5379(b) of title 5, United States Code, is 

21 amended by adding at the end the following: 

22 ‘‘(4) In the case of an employee (otherwise eligible 

23 for benefits under this section) who is serving as a full24 time active-duty United States Border Patrol agent within 

25 the Department of Homeland Security— 


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1 ‘‘(A) paragraph (2)(A) shall be applied by sub2 stituting ‘$20,000’ for ‘$10,000’; and 

3 ‘‘(B) paragraph (2)(B) shall be applied by sub4 stituting ‘$80,000’ for ‘$60,000’.’’. 

5 SEC. 636. RECRUITMENT AND RELOCATION BONUSES AND 

6 RETENTION ALLOWANCES FOR PERSONNEL 

7 OF THE DEPARTMENT OF HOMELAND SECU8 RITY. 

9 The Secretary of Homeland Security shall ensure 

10 that the authority to pay recruitment and relocation bo11 nuses under section 5753 of title 5, United States Code, 

12 the authority to pay retention bonuses under section 5754 

13 of such title, and any other similar authorities available 

14 under any other provision of law, rule, or regulation, are 

15 exercised to the fullest extent allowable in order to encour16 age service in the Department of Homeland Security. 

17 SEC. 637. REPEAL OF THE DEPARTMENT OF HOMELAND SE18 CURITY HUMAN RESOURCES MANAGEMENT 

19 SYSTEM. 

20 (a) REPEAL.— 

21 (1) IN GENERAL.—Effective as of the date 

22 specified in section 4 of the Homeland Security Act 

23 of 2002 (6 U.S.C. 101 note), chapter 97 of title 5, 

24 United States Code (as added by section 841(a)(2) 

25 of such Act), section 841(b)(3) of such Act, and subVerDate Mar 15 2010 22:34 Apr 19, 2013 Jkt 029200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H1525.IH H1525

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1 sections (c) and (e) of section 842 of such Act are 

2 repealed. 

3 (2) REGULATIONS.—Any regulations prescribed 

4 under authority of chapter 97 of title 5, United 

5 States Code, are void ab initio. 

6 (b) NULLIFICATION OF PREVIOUS EXCLUSIONS.— 

7 Effective as of the date of the enactment of this Act, all 

8 previous determinations as to whether— 

9 (1) an agency or subdivision of the Department 

10 of Homeland Security (or a predecessor agency or 

11 subdivision transferred into the Department) is ex12 cluded from coverage under chapter 71 of title 5, 

13 United States Code, 

14 (2) a unit or subdivision of a unit within the 

15 Department of Homeland Security (or a predecessor 

16 agency or subdivision transferred into the Depart17 ment) is not appropriate for representation by a 

18 labor organization under such chapter, or 

19 (3) an employee or position within the Depart20 ment of Homeland Security (or a predecessor agency 

21 or subdivision transferred into the Department) is 

22 within a unit that is not appropriate for representa23 tion by a labor organization under such chapter, 

24 are null and void, except to the extent that such deter25 minations were made in accordance with the criteria outVerDate Mar 15 2010 22:34 Apr 19, 2013 Jkt 029200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H1525.IH H1525

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1 lined in paragraph (1), (2), (3), (4), or (7) of section 

2 7112(b) of such title 5. 

3 (c) CLERICAL AMENDMENT.—The table of chapters 

4 for part III of title 5, United States Code, is amended 

5 by striking the item relating to chapter 97. 

6 SEC. 638. ESTABLISHMENT OF SPECIALIZED INSPECTOR 

7 OCCUPATIONS. 

8 The Secretary of Homeland Security shall establish 

9 within the Bureau of Customs and Border Protection 3 

10 distinct inspectional occupations: immigration, customs, 

11 and agriculture. These divisions shall coordinate closely 

12 with each other under the direction of a high-level official 

13 within the Bureau, but shall report to separate operational 

14 chains of command. 

15 SEC. 639. INCREASE IN INSPECTORS AT AIRPORT AND 

16 LAND BORDER INSPECTION STATIONS. 

17 In each of the fiscal years 2014 through 2018, the 

18 Secretary of Homeland Security shall increase by not less 

19 than 1,000 the number of positions for full-time active 

20 duty immigration inspectors at airport and land border in21 spection stations within the Department of Homeland Se22 curity above the number of such positions for which funds 

23 were allotted for the preceding fiscal year. 


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1 SEC. 640. LAW ENFORCEMENT RETIREMENT COVERAGE 

2 FOR INSPECTION OFFICERS AND OTHER EM3 PLOYEES. 

4 (a) AMENDMENTS.— 

5 (1) FEDERAL EMPLOYEES’ RETIREMENT SYS6 TEM.— 

7 (A) Paragraph (17) of section 8401 of title 

8 5, United States Code, is amended by striking 

9 ‘‘and’’ at the end of subparagraph (C), and by 

10 adding at the end the following: 

11 ‘‘(E) an employee (not otherwise covered 

12 by this paragraph)— 

13 ‘‘(i) the duties of whose position in14 clude the investigation or apprehension of 

15 individuals suspected or convicted of of16 fenses against the criminal laws of the 

17 United States; and 

18 ‘‘(ii) who is authorized to carry a fire19 arm; and 

20 ‘‘(F) an employee of the Internal Revenue 

21 Service, the duties of whose position are pri22 marily the collection of delinquent taxes and the 

23 securing of delinquent returns;’’. 

24 (B) CONFORMING AMENDMENT.—Section 

25 8401(17)(C) of title 5, United States Code, is 


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1 amended by striking ‘‘(A) and (B)’’ and insert2 ing ‘‘(A), (B), (E), and (F)’’. 

3 (2) CIVIL SERVICE RETIREMENT SYSTEM.— 

4 Paragraph (20) of section 8331 of title 5, United 

5 States Code, is amended by inserting after ‘‘posi6 tion.’’ (in the matter before subparagraph (A)) the 

7 following: ‘‘For the purpose of this paragraph, the 

8 employees described in the preceding provision of 

9 this paragraph (in the matter before ‘including’) 

10 shall be considered to include an employee, not oth11 erwise covered by this paragraph, who satisfies 

12 clauses (i)–(ii) of section 8401(17)(E) and an em13 ployee of the Internal Revenue Service the duties of 

14 whose position are as described in section 

15 8401(17)(F).’’. 

16 (3) EFFECTIVE DATE.—Except as provided in 

17 subsection (b), the amendments made by this sub18 section shall take effect on the date of the enactment 

19 of this Act, and shall apply only in the case of any 

20 individual first appointed (or seeking to be first ap21 pointed) as a law enforcement officer (within the 

22 meaning of those amendments) on or after such 

23 date. 

24 (b) TREATMENT OF SERVICE PERFORMED BY IN25 CUMBENTS.— 


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1 (1) LAW ENFORCEMENT OFFICER AND SERVICE

2 DESCRIBED.— 

3 (A) LAW ENFORCEMENT OFFICER.—Any 

4 reference to a law enforcement officer described 

5 in this paragraph refers to an individual who 

6 satisfies the requirements of section 8331(20) 

7 or 8401(17) of title 5, United States Code (re8 lating to the definition of a law enforcement of9 ficer) by virtue of the amendments made by 

10 subsection (a). 

11 (B) SERVICE.—Any reference to service 

12 described in this paragraph refers to service 

13 performed as a law enforcement officer (as de14 scribed in this paragraph). 

15 (2) INCUMBENT DEFINED.—For purposes of 

16 this subsection, the term ‘‘incumbent’’ means an in17 dividual who— 

18 (A) is first appointed as a law enforcement 

19 officer (as described in paragraph (1)) before 

20 the date of the enactment of this Act; and 

21 (B) is serving as such a law enforcement 

22 officer on such date. 

23 (3) TREATMENT OF SERVICE PERFORMED BY

24 INCUMBENTS.— 


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1 (A) IN GENERAL.—Service described in 

2 paragraph (1) which is performed by an incum3 bent on or after the date of the enactment of 

4 this Act shall, for all purposes (other than those 

5 to which subparagraph (B) pertains), be treated 

6 as service performed as a law enforcement offi7 cer (within the meaning of section 8331(20) or 

8 8401(17) of title 5, United States Code, as ap9 propriate), irrespective of how such service is 

10 treated under subparagraph (B). 

11 (B) RETIREMENT.—Service described in 

12 paragraph (1) which is performed by an incum13 bent before, on, or after the date of the enact14 ment of this Act shall, for purposes of sub15 chapter III of chapter 83 and chapter 84 of 

16 title 5, United States Code, be treated as serv17 ice performed as a law enforcement officer 

18 (within the meaning of such section 8331(20) 

19 or 8401(17), as appropriate), but only if an ap20 propriate written election is submitted to the 

21 Office of Personnel Management within 5 years 

22 after the date of the enactment of this Act or 

23 before separation from Government service, 

24 whichever is earlier. 


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1 (4) INDIVIDUAL CONTRIBUTIONS FOR PRIOR

2 SERVICE.— 

3 (A) IN GENERAL.—An individual who 

4 makes an election under paragraph (3)(B) may, 

5 with respect to prior service performed by such 

6 individual, contribute to the Civil Service Re7 tirement and Disability Fund the difference be8 tween the individual contributions that were ac9 tually made for such service and the individual 

10 contributions that should have been made for 

11 such service if the amendments made by sub12 section (a) had then been in effect. 

13 (B) EFFECT OF NOT CONTRIBUTING.—If 

14 no part of or less than the full amount required 

15 under subparagraph (A) is paid, all prior serv16 ice of the incumbent shall remain fully cred17 itable as law enforcement officer service, but 

18 the resulting annuity shall be reduced in a man19 ner similar to that described in section 

20 8334(d)(2) of title 5, United States Code, to 

21 the extent necessary to make up the amount 

22 unpaid. 

23 (C) PRIOR SERVICE DEFINED.—For pur24 poses of this subsection, the term ‘‘prior serv25 ice’’ means, with respect to any individual who 


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1 makes an election under paragraph (3)(B), 

2 service (described in paragraph (1)) performed 

3 by such individual before the date as of which 

4 appropriate retirement deductions begin to be 

5 made in accordance with such election. 

6 (5) GOVERNMENT CONTRIBUTIONS FOR PRIOR

7 SERVICE.— 

8 (A) IN GENERAL.—If an incumbent makes 

9 an election under paragraph (3)(B), the agency 

10 in or under which that individual was serving at 

11 the time of any prior service (referred to in 

12 paragraph (4)) shall remit to the Office of Per13 sonnel Management, for deposit in the Treasury 

14 of the United States to the credit of the Civil 

15 Service Retirement and Disability Fund, the 

16 amount required under subparagraph (B) with 

17 respect to such service. 

18 (B) AMOUNT REQUIRED.—The amount an 

19 agency is required to remit is, with respect to 

20 any prior service, the total amount of additional 

21 Government contributions to the Civil Service 

22 Retirement and Disability Fund (above those 

23 actually paid) that would have been required if 

24 the amendments made by subsection (a) had 

25 then been in effect. 


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1 (C) CONTRIBUTIONS TO BE MADE RAT2 ABLY.—Government contributions under this 

3 paragraph on behalf of an incumbent shall be 

4 made by the agency ratably (on at least an an5 nual basis) over the 10-year period beginning 

6 on the date referred to in paragraph (4)(C). 

7 (6) EXEMPTION FROM MANDATORY SEPARA8 TION.—Nothing in section 8335(b) or 8425(b) of 

9 title 5, United States Code, shall cause the involun10 tary separation of a law enforcement officer (as de11 scribed in paragraph (1)) before the end of the 3- 

12 year period beginning on the date of the enactment 

13 of this Act. 

14 (7) REGULATIONS.—The Office shall prescribe 

15 regulations to carry out this section, including— 

16 (A) provisions in accordance with which in17 terest on any amount under paragraph (4) or 

18 (5) shall be computed, based on section 8334(e) 

19 of title 5, United States Code; and 

20 (B) provisions for the application of this 

21 subsection in the case of— 

22 (i) any individual who— 

23 (I) satisfies subparagraph (A) 

24 (but not subparagraph (B)) of para25 graph (2); and 


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1 (II) serves as a law enforcement 

2 officer (as described in paragraph (1)) 

3 after the date of the enactment of this 

4 Act; and 

5 (ii) any individual entitled to a sur6 vivor annuity (based on the service of an 

7 incumbent, or of an individual under 

8 clause (i), who dies before making an elec9 tion under paragraph (3)(B)), to the ex10 tent of any rights that would then be avail11 able to the decedent (if still living). 

12 (8) RULE OF CONSTRUCTION.—Nothing in this 

13 subsection shall be considered to apply in the case 

14 of a reemployed annuitant. 

15 SEC. 641. REESTABLISHMENT OF THE UNITED STATES BOR16 DER PATROL ANTI-SMUGGLING UNIT. 

17 The Secretary of Homeland Security shall reestablish 

18 the Anti-Smuggling Unit within the Office of United 

19 States Border Patrol, and shall immediately staff such of20 fice with a minimum of 500 criminal investigators selected 

21 from within the ranks of the United States Border Patrol. 

22 Staffing levels shall be adjusted upward periodically in ac23 cordance with workload requirements. 


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1 SEC. 642. ESTABLISHMENT OF SPECIALIZED CRIMINAL IN2 VESTIGATOR OCCUPATIONS. 

3 The Secretary of Homeland Security shall establish 

4 specialized Criminal Investigator occupations within the 

5 Department: one for the investigation of violations of im6 migration laws, another for customs laws, and a third for 

7 agriculture laws. These divisions shall coordinate closely 

8 with each other under the direction of a high-level official 

9 within the Department, but shall report to separate oper10 ational chains of command. 

11 SEC. 643. ESTABLISHMENT OF CAREER PATHS TO CRIMI12 NAL INVESTIGATOR POSITIONS. 

13 The Secretary of Homeland Security shall ensure 

14 that all persons selected for criminal investigator positions 

15 within the Department of Homeland Security possess a 

16 minimum of 3 years of field experience within the Depart17 ment or its predecessor agencies in the specialized area 

18 of law that will be investigated. 

19 SEC. 644. ADDITIONAL IMMIGRATION ENFORCEMENT 

20 AGENTS. 

21 In each of fiscal years 2010 through 2014, the Sec22 retary of Homeland Security shall increase by not less 

23 than 500 the number of positions for full-time active duty 

24 immigration enforcement agents responsible for trans25 porting and guarding detained aliens above the number 


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1 of such positions for which funds were allotted for the pre2 ceding fiscal year. 

3 SEC. 645. INCREASE UNITED STATES BORDER PATROL 

4 AGENT AND INSPECTOR PAY. 

5 (a) IN GENERAL.—Effective as of the first day of the 

6 first applicable pay period beginning on or after the date 

7 of the enactment of this Act, the rate of basic pay for 

8 all employees of the Department of Homeland Security de9 scribed in subsection (b) shall be increased in accordance 

10 with subsection (c). 

11 (b) EMPLOYEES DESCRIBED.—This section applies 

12 to any individual who, as of the date of the enactment 

13 of this Act— 

14 (1) is a journey level United States Border Pa15 trol agent or immigration, customs, or agriculture 

16 inspector within the Department of Homeland Secu17 rity, whose primary duties consist of enforcing the 

18 immigration, customs, or agriculture laws of the 

19 United States; 

20 (2) has completed at least one year of service 

21 as a United States Border Patrol agent or inspector 

22 (whether as an employee of the Department of 

23 Homeland Security, the Department of Justice, or 

24 both agencies combined); and 


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1 (3) is receiving an annual rate of basic pay for 

2 positions at GS–11 of the General Schedule under 

3 section 5332 of title 5, United States Code. 

4 (c) INCREASE DESCRIBED.—The basic rate of pay for 

5 the employees described in this subsection shall increase 

6 from the annual rate of basic pay for positions at GS– 

7 11 of the General Schedule to the annual rate of basic 

8 pay for positions at GS–13 of such schedule. 

9 SEC. 646. FAIR LABOR STANDARDS ACT OVERTIME. 

10 Notwithstanding any other provision of law, all over11 time hours worked on and after the date of the enactment 

12 of this Act by all employees of the Department of Home13 land Security who are at or below the second-line level of 

14 field supervision shall be compensated in accordance with 

15 the provisions of the Fair Labor Standards Act. 

16 Subtitle D—Enforcement Tools To 

17 Diminish Entries Using Fraudu18 lent Documents and Commer19 cial Alien Smuggling 

20 SEC. 651. FOREIGN LANGUAGE TRAINING. 

21 The Secretary of Homeland Security shall require all 

22 officers of the Department of Homeland Security who 

23 come into contact with aliens who have crossed the border 

24 illegally to take Spanish and other appropriate foreign lanVerDate Mar 15 2010 22:34 Apr 19, 2013 Jkt 029200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H1525.IH H1525

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1 guage training courses to facilitate communication with 

2 the aliens. 

3 SEC. 652. FOREIGN LANGUAGE AWARDS. 

4 (a) SPECIAL RULES.—The Secretary of Homeland 

5 Security shall apply section 4523 of title 5, United States 

6 Code, in conformance with the following: 

7 (1) Any law enforcement officer within the De8 partment of Homeland Security whose primary du9 ties involve— 

10 (A) the enforcement of the immigration 

11 laws of the United States, 

12 (B) the detention or transportation of vio13 lators of the immigration laws of the United 

14 States, or 

15 (C) both, 

16 shall, for purposes of such section 4523, be pre17 sumed to make substantial use of a foreign language 

18 in the performance of such officer’s official duties. 

19 (2)(A) Any individual who successfully com20 pletes a foreign language program as part of their 

21 agency-sponsored or agency-approved training shall 

22 be deemed to possess the foreign language pro23 ficiency necessary to qualify for an award under 

24 such section for so long as such individual serves as 


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1 a law enforcement officer within the Department of 

2 Homeland Security. 

3 (B) Nothing in this paragraph shall, in the case 

4 of any individual who does not satisfy subparagraph 

5 (A), prevent such individual from being allowed to 

6 demonstrate foreign language proficiency in accord7 ance with the criteria and procedures that would 

8 otherwise apply under such section. 

9 (3) For purposes of applying subsection (a) of 

10 such section 4523, substitute ‘‘equal to’’ for ‘‘up to’’. 

11 (b) DEFINITION.—For purposes of this section, the 

12 term ‘‘law enforcement officer’’ has the meaning given 

13 such term by section 4521 of such title 5. 

14 SEC. 653. ADDITIONAL PERSONNEL FOR INVESTIGATION OF 

15 FRAUDULENT SCHEMES AND DOCUMENT 

16 FRAUD. 

17 The Secretary of Homeland Security shall hire at 

18 least 1000 additional investigators for investigating fraud19 ulent schemes, including benefit application schemes, and 

20 fraudulent documents used to enter or remain in the 

21 United States unlawfully. 


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1 SEC. 654. ESTABLISH A SPECIAL TASK FORCE FOR COORDI2 NATING AND DISTRIBUTING INFORMATION 

3 ON FRAUDULENT IMMIGRATION DOCU4 MENTS. 

5 (a) IN GENERAL.—The Secretary of Homeland Secu6 rity shall establish a Fraudulent Documents Task Force 

7 to carry out the following: 

8 (1) Collect information from Federal, State, 

9 and local law enforcement agencies, and foreign gov10 ernments on the production, sale, distribution and 

11 use of fraudulent documents intended to be used to 

12 enter, travel or remain within the United States un13 lawfully. 

14 (2) Maintain the information described in sub15 part (1) in a comprehensive database. 

16 (3) Maintain a repository of genuine and fraud17 ulent travel and identity document exemplars. 

18 (4) Convert the information collected into re19 ports that provide guidance to government officials 

20 in identifying fraudulent documents being used to 

21 enter into, travel within or remain in the United 

22 States. 

23 (5) Develop a system for distributing these re24 ports on an ongoing basis to appropriate Federal, 

25 State, and local law enforcement agencies. 


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1 (b) DISTRIBUTION OF INFORMATION.—The task 

2 force will distribute the reports to appropriate Federal, 

3 State, and local law enforcement agencies on an ongoing 

4 basis. 

5 SEC. 655. NEW NONIMMIGRANT VISA CLASSIFICATION TO 

6 ENABLE INFORMANTS TO ENTER THE 

7 UNITED STATES AND REMAIN TEMPORARILY. 

8 (a) IN GENERAL.—Section 101(a)(15)(S) (8 U.S.C. 

9 1101(a)(15)(S)) is amended 

10 (1) in clause (i), by striking ‘‘or’’ at the end; 

11 (2) in clause (ii), by striking the comma at the 

12 end and inserting ‘‘; or’’; 

13 (3) by inserting after clause (ii) the following: 

14 ‘‘(iii) who the Secretary of Homeland 

15 Security, the Secretary of State, or the At16 torney General determines— 

17 ‘‘(I) is in possession of critical re18 liable information concerning a com19 mercial alien smuggling organization 

20 or enterprise or a commercial oper21 ation for making or trafficking in doc22 uments to be used for entering or re23 maining in the United States unlaw24 fully; 


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1 ‘‘(II) is willing to supply or has 

2 supplied such information to a Fed3 eral or State court; or 

4 ‘‘(III) whose presence in the 

5 United States the Secretary of Home6 land Security, the Secretary of State, 

7 or the Attorney General determines is 

8 essential to the success of an author9 ized criminal investigation, the suc10 cessful prosecution of an individual in11 volved in the commercial alien smug12 gling organization or enterprise, or 

13 the disruption of such organization or 

14 enterprise or a commercial operation 

15 for making or trafficking in docu16 ments to be used for entering or re17 maining in the United States unlaw18 fully.’’; 

19 (4) by inserting ‘‘, or with respect to clause 

20 (iii), the Secretary of Homeland Security, the Sec21 retary of State, or the Attorney General’’ after 

22 ‘‘jointly’’; and 

23 (5) by striking ‘‘(i) or (ii)’’ and inserting ‘‘(i), 

24 (ii), or (iii)’’. 


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1 (b) ADMISSION OF NONIMMIGRANTS.—Section 

2 214(k) (8 U.S.C. 1184(k)) is amended— 

3 (1) by adding at the end of paragraph (1) the 

4 following: ‘‘The number of aliens who may be pro5 vided a visa as nonimmigrants under section 

6 101(a)(15)(S)(iii) in any fiscal year may not exceed 

7 400.’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(5) If the Secretary of Homeland Security, the 

10 Secretary of State, or the Attorney General deter11 mines that a nonimmigrant described in clause (iii) 

12 of section 101(a)(15)(S), or that of any family mem13 ber of such a nonimmigrant who is provided non14 immigrant status pursuant to such section, must be 

15 protected, such official may take such lawful action 

16 as the official considers necessary to effect such pro17 tection.’’. 

18 SEC. 656. ADJUSTMENT OF STATUS WHEN NEEDED TO PRO19 TECT INFORMANTS. 

20 Section 245(j) (8 U.S.C. 1255(j)) is amended— 

21 (1) in paragraph (3), by striking ‘‘(1) or (2),’’ 

22 and inserting ‘‘(1), (2), (3), or (4),’’; 

23 (2) by redesignating paragraph (3) as para24 graph (5); 


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1 (3) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3) if, in the opinion of the Secretary of 

4 Homeland Security, the Secretary of State, or the 

5 Attorney General— 

6 ‘‘(A) a nonimmigrant admitted into the 

7 United States under section 101(a)(15)(S)(iii) 

8 has supplied information described in subclause 

9 (I) of such section; and 

10 ‘‘(B) the provision of such information has 

11 substantially contributed to the success of a 

12 commercial alien smuggling investigation or an 

13 investigation of the sale or production of fraud14 ulent documents to be used for entering or re15 maining in the United States unlawfully, the 

16 disruption of such an enterprise, or the pros17 ecution of an individual described in subclause 

18 (III) of that section, 

19 the Secretary of Homeland Security may adjust the 

20 status of the alien (and the spouse, children, mar21 ried and unmarried sons and daughters, and parents 

22 of the alien if admitted under that section) to that 

23 of an alien lawfully admitted for permanent resi24 dence if the alien is not described in section 

25 212(a)(3)(E). 


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1 ‘‘(4) The Secretary of Homeland Security may 

2 adjust the status of a nonimmigrant admitted into 

3 the United States under section 101(a)(15)(S)(iii) 

4 (and the spouse, children, married and unmarried 

5 sons and daughters, and parents of the non6 immigrant if admitted under that section) to that of 

7 an alien lawfully admitted for permanent residence 

8 on the basis of a recommendation of the Secretary 

9 of State or the Attorney General.’’; and 

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

11 ‘‘(6) If the Secretary of Homeland Security, the 

12 Secretary of State, or the Attorney General deter13 mines that a person whose status is adjusted under 

14 this subsection must be protected, such official may 

15 take such lawful action as the official considers nec16 essary to effect such protection.’’. 

17 SEC. 657. REWARDS PROGRAM. 

18 (a) REWARDS PROGRAM.—Section 274 (8 U.S.C. 

19 1324) is amended by adding at the end the following: 

20 ‘‘(f) REWARDS PROGRAM.— 

21 ‘‘(1) IN GENERAL.—There is established in the 

22 Department of Homeland Security a program for 

23 the payment of rewards to carry out the purposes of 

24 this section. 


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1 ‘‘(2) PURPOSE.—The rewards program shall be 

2 designed to assist in the elimination of commercial 

3 operations to produce or sell fraudulent documents 

4 to be used for entering or remaining in the United 

5 States unlawfully and to assist in the investigation, 

6 prosecution, or disruption of a commercial alien 

7 smuggling operation. 

8 ‘‘(3) ADMINISTRATION.—The rewards program 

9 shall be administered by the Secretary of Homeland 

10 Security, in consultation, as appropriate, with the 

11 Attorney General and the Secretary of State. 

12 ‘‘(4) REWARDS AUTHORIZED.—In the sole dis13 cretion of the Secretary of Homeland Security, such 

14 Secretary, in consultation, as appropriate, with the 

15 Attorney General and the Secretary of State, may 

16 pay a reward to any individual who furnishes infor17 mation or testimony leading to— 

18 ‘‘(A) the arrest or conviction of any indi19 vidual conspiring or attempting to produce or 

20 sell fraudulent documents to be used for enter21 ing or remaining in the United States unlaw22 fully or to commit an act of commercial alien 

23 smuggling involving the transportation of 

24 aliens; 


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1 ‘‘(B) the arrest or conviction of any indi2 vidual committing such an act; 

3 ‘‘(C) the arrest or conviction of any indi4 vidual aiding or abetting the commission of 

5 such an act; 

6 ‘‘(D) the prevention, frustration, or favor7 able resolution of such an act, including the dis8 mantling of an operation to produce or sell 

9 fraudulent documents to be used for entering or 

10 remaining in the United States, or commercial 

11 alien smuggling operations, in whole or in sig12 nificant part; or 

13 ‘‘(E) the identification or location of an in14 dividual who holds a key leadership position in 

15 an operation to produce or sell fraudulent docu16 ments to be used for entering or remaining in 

17 the United States unlawfully or a commercial 

18 alien smuggling operation involving the trans19 portation of aliens. 

20 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

21 There are authorized to be appropriated such sums 

22 as may be necessary to carry out this subsection. 

23 Amounts appropriated under this paragraph shall 

24 remain available until expended. 


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1 ‘‘(6) INELIGIBILITY.—An officer or employee of 

2 any Federal, State, local, or foreign government 

3 who, while in performance of his or her official du4 ties, furnishes information described in paragraph 

5 (4) shall not be eligible for a reward under this sub6 section for such furnishing. 

7 ‘‘(7) PROTECTION MEASURES.—If the Secretary 

8 of Homeland Security, the Secretary of State, or the 

9 Attorney General determines that an individual who 

10 furnishes information or testimony described in 

11 paragraph (4), or any spouse, child, parent, son, or 

12 daughter of such an individual, must be protected, 

13 such official may take such lawful action as the offi14 cial considers necessary to effect such protection. 

15 ‘‘(8) LIMITATIONS AND CERTIFICATION.— 

16 ‘‘(A) MAXIMUM AMOUNT.—No reward 

17 under this subsection may exceed $100,000, ex18 cept as personally authorized by the Secretary 

19 of Homeland Security. 

20 ‘‘(B) APPROVAL.—Any reward under this 

21 subsection exceeding $50,000 shall be person22 ally approved by the Secretary of Homeland Se23 curity. 

24 ‘‘(C) CERTIFICATION FOR PAYMENT.—Any 

25 reward granted under this subsection shall be 


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1 certified for payment by the Secretary of Home2 land Security.’’. 

3 SEC. 658. OUTREACH PROGRAM. 

4 Section 274 (8 U.S.C. 1324), as amended by section 

5 657, is further amended by adding at the end the fol6 lowing: 

7 ‘‘(g) OUTREACH PROGRAM.—The Secretary of 

8 Homeland Security, in consultation, as appropriate, with 

9 the Attorney General and the Secretary of State, shall de10 velop and implement an outreach program to educate the 

11 public in the United States and abroad about— 

12 ‘‘(1) the penalties for— 

13 ‘‘(A) bringing in and harboring aliens in 

14 violation of this section; and 

15 ‘‘(B) participating in a commercial oper16 ation for making, or trafficking in, documents 

17 to be used for entering or remaining in the 

18 United States unlawfully; and 

19 ‘‘(2) the financial rewards and other incentives 

20 available for assisting in the investigation, disrup21 tion, or prosecution of a commercial smuggling oper22 ation or a commercial operation for making, or traf23 ficking in, documents to be used for entering or re24 maining in the United States unlawfully.’’. 


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1 TITLE VII—EMPLOYMENT-BASED 

2 IMMIGRATION 

3 SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT 

4 PRACTICES. 

5 Section 274B (8 U.S.C. 1324b) is amended— 

6 (1) in subsection (a)(5)— 

7 (A) by amending the paragraph heading to 

8 read ‘‘PROHIBITION OF INTIMIDATION, RETAL9 IATION, OR UNLAWFUL DISCRIMINATION IN EM10 PLOYMENT’’; 

11 (B) by moving the text down and to the 

12 right 2 ems; 

13 (C) by inserting before such text the fol14 lowing: ‘‘(A) IN GENERAL.—’’; and 

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

16 ‘‘(B) FEDERAL LABOR OR EMPLOYMENT

17 LAWS.—It is an unfair employment practice for 

18 any employer to directly or indirectly threaten 

19 any individual with removal or any other ad20 verse consequences pertaining to that individ21 ual’s immigration status or employment bene22 fits for the purpose of intimidating, pressuring, 

23 or coercing any such individual not to exercise 

24 any right protected by State or Federal labor or 

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1 tional Labor Relations Act (29 U.S.C. 157)), or 

2 for the purpose of retaliating against any such 

3 individual for having exercised or having stated 

4 an intention to exercise any such right. 

5 ‘‘(C) DISCRIMINATION BASED ON IMMIGRA6 TION STATUS.—It is an unfair employment 

7 practice for any employer, except to the extent 

8 specifically authorized or required by law, to 

9 discriminate in any term or condition of em10 ployment against any individual employed by 

11 such employer on the basis of such individual’s 

12 immigration status.’’; and 

13 (2) in subsection (c)(2), by adding at the end 

14 the following: ‘‘The Special Counsel shall not dis15 close to the Secretary of Homeland Security or any 

16 other government agency or employee, and shall not 

17 cause to be published in a manner that discloses to 

18 the Secretary of Homeland Security or any other 

19 government agency or employee, any information ob20 tained by the Special Counsel in any manner con21 cerning the immigration status of any individual who 

22 has filed a charge under this section, or the identity 

23 of any individual or entity that is a party or witness 

24 to a proceedings brought pursuant to such charge. 

25 The Secretary of Homeland Security may not rely, 


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1 in whole or in part, in any enforcement action or re2 moval proceeding, upon any information obtained as 

3 a result of the filing or prosecution of an unfair im4 migration-related employment practice charge. For 

5 purposes of this paragraph, the term ‘Special Coun6 sel’ includes individuals formerly appointed to the 

7 position of Special Counsel and any current or 

8 former employee of the office of the Special Counsel. 

9 Whoever knowingly uses, publishes, or permits infor10 mation to be used in violation of this paragraph 

11 shall be fined not more than $10,000.’’. 

12 SEC. 702. DEPARTMENT OF LABOR TASK FORCE. 

13 The Secretary of Labor, in consultation with the At14 torney General and the Secretary of Homeland Security, 

15 shall conduct a national study of American workplaces to 

16 determine the causes, extent, circumstances, and con17 sequences, of exploitation of undocumented alien workers 

18 by their employers. As part of this study, the Secretary 

19 of Labor shall create a plan for targeted review of Federal 

20 labor law enforcement in industries with a substantial im21 migrant workforce, for the purpose of identifying, moni22 toring, and deterring frequent or egregious violators of 

23 wage and hour, antidiscrimination, National Labor Rela24 tions Act, and workplace safety and health requirements. 

25 Not later than 18 months after the date of the enactment 


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1 of this Act, the Secretary of Labor shall submit to the 

2 Congress a report describing the results of the study and 

3 the Secretary’s recommendations based on the study. 

4 SEC. 703. RECRUITMENT OF AMERICAN WORKERS. 

5 Section 214 (8 U.S.C. 1184) is amended by adding 

6 at the end the following: 

7 ‘‘(s)(1) No petition to accord employment status 

8 under the nonimmigrant classifications described in sec9 tions 101(a)(15)(E)(iii) and (H) shall be granted in the 

10 absence of an affidavit from the petitioner describing the 

11 efforts that were made to recruit an alien lawfully admit12 ted for permanent residence or a citizen of the United 

13 States before resorting to a petition to obtain a foreign 

14 employee. The recruitment efforts must have included sub15 stantial attempts to find employees in minority commu16 nities. Recruitment efforts in minority communities should 

17 include at least one of the following, if appropriate for the 

18 employment being advertised: 

19 ‘‘(A) Advertise the availability of the job oppor20 tunity for which the employer is seeking a worker in 

21 local newspapers in the labor market that is likely 

22 to be patronized by a potential worker for at least 

23 5 consecutive days. 

24 ‘‘(B) Undertake efforts to advertise the avail25 ability of the job opportunity for which the employer 


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1 is seeking a worker through advertisements in public 

2 transportation systems. 

3 ‘‘(C) To the extent permitted by local laws and 

4 regulations, engage in recruitment activities in sec5 ondary schools, recreation centers, community cen6 ters, and other places throughout the communities 

7 within 50 miles of the job site that serve minorities. 

8 ‘‘(2)(A) The Secretary of Homeland Security shall 

9 impose a 10 percent surcharge on all fees collected for pe10 titions to accord employment status and shall use these 

11 funds to establish an employment training program which 

12 will include unemployed workers in the United States who 

13 need to be trained or retrained. The purpose of this pro14 gram shall be to increase the number of lawful permanent 

15 residents and citizens of the United States who are avail16 able for employment in the occupations that are the sub17 jects of such petitions. At least 50 percent of the funds 

18 generated by this provision must be used to train Amer19 ican workers in rural and inner-city areas. 

20 ‘‘(B) The Secretary of Homeland Security shall re21 serve and make available to the Secretary of Labor a por22 tion of the funds collected under this paragraph. Such 

23 funds shall be used by the Secretary of Labor to establish 

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1 lish policies intended to ensure that employers in the 

2 United States will hire available workers in the United 

3 States before resorting to foreign labor, giving substantial 

4 emphasis to hiring minority workers in the United 

5 States.’’. 

6 TITLE VIII—FAIRNESS IN 

7 REMOVAL PROCEEDINGS 

8 SEC. 801. RIGHT TO COUNSEL. 

9 Section 292 (8 U.S.C. 1362) is amended by striking 

10 the matter after the section designation and inserting the 

11 following: ‘‘In any bond, custody, detention, or removal 

12 proceedings before the Attorney General and in any appeal 

13 proceedings before the Attorney General from any such 

14 proceedings, the person concerned shall have the privilege 

15 of being represented (at no expense to the government) 

16 by such counsel, authorized to practice in such pro17 ceedings, as he shall choose. With consent of their clients, 

18 counsel may enter appearances limited to bond, custody, 

19 or other specific proceedings.’’. 

20 SEC. 802. PRESUMPTION IN FAVOR OF WITHDRAWAL OF AP21 PLICATION FOR ADMISSION. 

22 Section 235(a)(4) (8 U.S.C. 1225(a)(4)) is amended 

23 to read as follows: 

24 ‘‘(4) WITHDRAWAL OF APPLICATION FOR AD25 MISSION.— 


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1 ‘‘(A) PRESUMPTION IN FAVOR OF WITH2 DRAWAL.—The Attorney General shall permit 

3 an alien applying for admission to withdraw the 

4 application and depart immediately from the 

5 United States at any time, unless an immigra6 tion judge has rendered a decision with respect 

7 to the admissibility of the alien, except that the 

8 Attorney General may deny permission for the 

9 withdrawal when warranted by unusual cir10 cumstances. 

11 ‘‘(B) PERMISSIVE WITHDRAWAL.—Except 

12 as provided in subparagraph (A), an alien ap13 plying for admission may, in the discretion of 

14 the Attorney General and at any time after a 

15 decision described in such subparagraph has 

16 been rendered, be permitted to withdraw the 

17 application and depart immediately from the 

18 United States.’’. 

19 SEC. 803. ABSENCES OUTSIDE THE CONTROL OF THE 

20 ALIEN. 

21 Section 101(a)(13)(C) (8 U.S.C. 1101(a)(13(C)) is 

22 amended by amending clause (ii) to read as follows: 

23 ‘‘(ii) has been absent from the United 

24 States for a continuous period in excess of 

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1 peded by emergency or extenuating cir2 cumstances outside the control of the 

3 alien,’’. 

4 SEC. 804. REINSTATEMENT OF REMOVAL ORDERS AGAINST 

5 ALIENS ILLEGALLY REENTERING. 

6 Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is amend7 ed— 

8 (1) by inserting ‘‘, after a hearing by an immi9 gration judge,’’ after ‘‘If’’; 

10 (2) by inserting ‘‘, on or after September 30, 

11 1996,’’ after ‘‘alien has’’; 

12 (3) by striking ‘‘is reinstated’’ and inserting 

13 ‘‘may be deemed to be reinstated’’; 

14 (4) by striking ‘‘and is not subject’’ and all that 

15 follows through ‘‘under this Act’’; and 

16 (5) by striking the period at the end and insert17 ing the following: ‘‘subject to reopening and review 

18 of the previous order. Nothing in this section shall 

19 preclude an alien from applying for any relief from 

20 removal under this Act.’’. 

21 SEC. 805. PERMANENT APPLICATION OF SECTION 245(i). 

22 Section 245(i) (8 U.S.C. 1255(i)) is amended— 

23 (1) by inserting ‘‘and’’ at the end of paragraph 

24 (1)(A); 


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1 (2) by amending paragraph (1)(B) to read as 

2 follows: 

3 ‘‘(B) who is the beneficiary (including a 

4 spouse or child of the principal alien) of— 

5 ‘‘(i) a petition for classification under 

6 section 204; or 

7 ‘‘(ii) an application for a labor certifi8 cation under section 212(a)(5)(A);’’; 

9 (3) by striking paragraph (1)(C); and 

10 (4) by striking ‘‘Attorney General’’ each place 

11 such term appears and inserting ‘‘Secretary of 

12 Homeland Security’’. 

13 SEC. 806. DISCRETIONARY WAIVER OF INADMISSIBILITY 

14 BASED ON UNLAWFUL PRESENCE, FAILURE 

15 TO ATTEND REMOVAL PROCEEDINGS, AND 

16 MISREPRESENTATIONS. 

17 (a) IN GENERAL.—Section 212(i) (8 U.S.C. 1182(i)) 

18 is amended to read as follows: 

19 ‘‘(i) The Secretary of Homeland Security may waive 

20 the application of subparagraph (A)(i) or (B), or clause 

21 (i) or (ii) of subparagraph (C), of subsection (a)(6) in the 

22 case of an immigrant who is the parent, spouse, child, son, 

23 or daughter of a United States citizen or of an alien law24 fully admitted to the United States for permanent resi25 dence, if it is established to the satisfaction of the SecVerDate Mar 15 2010 22:34 Apr 19, 2013 Jkt 029200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H1525.IH H1525

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1 retary that the refusal of admission to the United States 

2 of such immigrant would result in hardship to the immi3 grant or to such citizen or lawful permanent resident par4 ent, spouse, child, son, or daughter.’’. 

5 (b) CONFORMING AMENDMENTS.—Section 212(a)(6) 

6 (8 U.S.C. 1182(a)(6)) is amended— 

7 (1) in subparagraph (A), by adding at the end 

8 the following: 

9 ‘‘(iii) WAIVER AUTHORIZED.—For a 

10 provision authorizing the waiver of clause 

11 (i), see subsection (i).’’; 

12 (2) in subparagraph (B)— 

13 (A) by inserting ‘‘(i)’’ after the subpara14 graph heading; and 

15 (B) by adding at the end the following: 

16 ‘‘(ii) WAIVER AUTHORIZED.—For a 

17 provision authorizing the waiver of clause 

18 (i), see subsection (i).’’; and 

19 (3) in subparagraph (C)(iii), by inserting ‘‘or 

20 (ii)’’ after ‘‘(i)’’. 

21 SEC. 807. WAIVER OF INADMISSIBILITY FOR MINOR CRIMI22 NAL OFFENSES. 

23 Section 212(h) (8 U.S.C. 1182(h)) is amended— 

24 (1) in the matter preceding paragraph (1), by 

25 striking ‘‘offense of simple possession of 30 grams or 


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1 less of marijuana’’ and inserting ‘‘controlled sub2 stance offense for which the alien was not incarcer3 ated for a period exceeding 1 year’’; and 

4 (2) by striking the final two sentences. 

5 SEC. 808. GENERAL WAIVER FOR ALIENS PREVIOUSLY RE6 MOVED AND FOR THE UNLAWFUL PRESENCE 

7 BARS. 

8 (a) IN GENERAL.—Section 212(d) (8 U.S.C. 

9 1182(d)) is amended by adding at the end the following: 

10 ‘‘(14) The Secretary of Homeland Security may, in 

11 the discretion of the Secretary, for humanitarian purposes, 

12 to assure family unity, or when it is otherwise in the public 

13 interest, waive the application of subparagraph (A) or 

14 (B)(i) of subsection (a)(9).’’. 

15 (b) CONFORMING AMENDMENT.—Section 

16 212(a)(9)(B) of such Act (8 U.S.C. 1182(a)(9)(B)) is 

17 amended by striking clause (v). 

18 SEC. 809. WAIVER OF AGGRAVATED FELONY CON19 SEQUENCES. 

20 Section 101 (8 U.S.C. 1101) is amended by adding 

21 at the end the following: 

22 ‘‘(j) For purposes of this Act, and notwithstanding 

23 subsection (a)(43), the Secretary of Homeland Security 

24 may treat any conviction that did not result in incarcer25 ation for more than 1 year as if such conviction were not 


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1 a conviction for an aggravated felony. This discretion may 

2 be exercised for humanitarian purposes, to assure family 

3 unity, or when it is otherwise in the public interest.’’. 

4 SEC. 810. DISCRETIONARY WAIVER TO ADMIT PERSONS IN 

5 UNUSUAL CIRCUMSTANCES. 

6 (a) NEW GENERAL WAIVER.—Section 212(d) (8 

7 U.S.C. 1182(d)) is amended by adding at the end the fol8 lowing: 

9 ‘‘(15) The Secretary of Homeland Security 

10 may, in the discretion of such Secretary for humani11 tarian purposes, to assure family unity, or when it 

12 is otherwise in the public interest, waive the applica13 tion of subparagraph (B) or (G) of subsection 

14 (a)(6), clause (i) or (ii) of subsection (a)(9)(A), or 

15 subsection (a)(9)(B)(i), in unusual circumstances. 

16 For purposes of the preceding sentence, an instance 

17 of battering or extreme cruelty is deemed to con18 stitute unusual circumstances in the case where it is 

19 inflicted on an alien (or a child of an alien) by the 

20 alien’s United States citizen or lawful permanent 

21 resident spouse, parent, child, son, or daughter.’’. 

22 (b) WAIVER FOR ALIENS PREVIOUSLY REMOVED.— 

23 (1) CERTAIN ALIENS PREVIOUSLY REMOVED.— 

24 Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is 

25 amended by adding at the end the following: 


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1 ‘‘(iv) WAIVER AUTHORIZED.—For 

2 provision authorizing waiver of clause (i) 

3 or (ii), see subsection (d)(13).’’. 

4 (2) ALIENS UNLAWFULLY PRESENT.—Section 

5 212(a)(9)(B)(v) (8 U.S.C. 1182(A)(9)(B)(v)) is 

6 amended to read as follows: 

7 ‘‘(v) WAIVER AUTHORIZED.—For pro8 vision authorizing waiver of clause (i), see 

9 subsection (d)(13).’’. 

10 SEC. 811. RESTORATION OF SUSPENSION OF DEPORTA11 TION. 

12 (a) CANCELLATION OF REMOVAL.—Section 

13 240A(a)(3) (8 U.S.C. 1229b(a)(3)) is amended to read as 

14 follows: 

15 ‘‘(3) has not been convicted of an aggravated 

16 felony for which the sentence imposed is five years 

17 or more.’’. 

18 (b) REPEAL OF RULE FOR TERMINATION OF CON19 TINUOUS PERIOD.— 

20 (1) Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) 

21 (8 U.S.C. 1229b(a)) is repealed. 

22 (2) Section 240A(d) (8 U.S.C. 1229b) is 

23 amended— 

24 (A) by redesignating paragraphs (2) and 

25 (3) as paragraphs (1) and (2), respectively; and 


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1 (B) by inserting before the period at the 

2 end of paragraph (1) (as redesignated) the fol3 lowing: ‘‘, unless the alien’s departure from the 

4 United States was due to a temporary trip 

5 abroad required by emergency or extenuating 

6 circumstances outside the control of the alien’’. 

7 (c) CANCELLATION OF REMOVAL AND ADJUSTMENT

8 FOR CERTAIN NONPERMANENT RESIDENTS.—Section 

9 240A(b)(1) (8 U.S.C. 1229b(b)(1)) is amended to read as 

10 follows: 

11 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

12 Security may cancel removal in the case of an alien 

13 who is inadmissible or deportable from the United 

14 States if the alien— 

15 ‘‘(A) has been physically present in the 

16 United States for a continuous period of— 

17 ‘‘(i) 7 years immediately preceding the 

18 date of application in the case of an 

19 alien— 

20 ‘‘(I) who is deportable on any 

21 ground other than a ground specified 

22 in clause (ii)(I); and 

23 ‘‘(II) whose deportation would, in 

24 the opinion of the Attorney General, 

25 result in extreme hardship to the alien 


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1 or the alien’s spouse, child, parent, 

2 son, or daughter, who is a citizen of 

3 the United States or an alien lawfully 

4 admitted for permanent residence; or 

5 ‘‘(ii) 10 years immediately preceding 

6 the date of application in the case of an 

7 alien— 

8 ‘‘(I) who is deportable for convic9 tion of an offense under section 

10 212(a)(2), 237(a)(2), or 237(a)(3); 

11 and 

12 ‘‘(II) whose deportation would, in 

13 the opinion of the Attorney General, 

14 result in exceptional and extremely 

15 unusual hardship to the alien or the 

16 alien’s spouse, parent, child, son, or 

17 daughter, who is a citizen of the 

18 United States or an alien lawfully ad19 mitted for permanent residence; and 

20 ‘‘(B) has been a person of good moral 

21 character during such period.’’. 

22 (d) ELIMINATION OF ANNUAL LIMITATION.—Section 

23 240A (8 U.S.C. 1229b) is amended by striking subsection 

24 (e). 


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1 TITLE IX—REMOVAL GROUNDS 

2 BASED ON CRIMINAL OFFENSES 

3 SEC. 901. DEFINITION OF MORAL TURPITUDE. 

4 (a) EQUITABLE DEFINITION OF ‘‘MORAL TURPI5 TUDE’’.— 

6 (1) CONVICTION OF CERTAIN CRIMES.—Section 

7 212(a)(2)(A)(i) (8 U.S.C. 1182(a)(2)(A)(i)) is 

8 amended by striking ‘‘of, or who admits having com9 mitted, or who admits committing acts which con10 stitute the essential elements of—’’ and inserting 

11 ‘‘of—’’. 

12 (2) EXCEPTION.—Section 212(a)(2)(A)(ii)(II) 

13 (8 U.S.C. 1182(a)(2)(A)(ii)(II)) is amended— 

14 (A) by striking ‘‘the maximum’’ and all 

15 that follows through ‘‘such crime,’’; and 

16 (B) by striking ‘‘6 months’’ and inserting 

17 ‘‘1 year’’. 

18 (b) EQUITABLE DEFINITION OF ‘‘CRIMES OF MORAL

19 TURPITUDE’’.—Section 237(a)(2)(A)(i)(II) (8 U.S.C. 

20 1227(a)(2)(A)(i)(II)) is amended to read as follows: 

21 ‘‘(II) for which the alien has been 

22 incarcerated for a period exceeding 

23 one year,’’. 


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1 SEC. 902. ‘‘AGGRAVATED FELONY’’ DEFINITIONS. 

2 (a) IN GENERAL.—Section 101(a)(43) (8 U.S.C. 

3 1101(a)(43)) is amended by striking ‘‘The term ‘aggra4 vated felony’ means—’’ and inserting ‘‘The term ‘aggra5 vated felony’ means a felony that is—’’. 

6 (b) ILLICIT TRAFFICKING.—Section 101(a)(43)(B) 

7 (8 U.S.C. 1101(a)(43)(B)) is amended by striking 

8 ‘‘Code);’’ and inserting ‘‘Code), except it does not include 

9 simple possession of a controlled substance;’’. 

10 (c) CRIMES OF VIOLENCE AND THEFT OFFENSES.— 

11 Subparagraphs (F), (G), (R), and (S) of section 

12 101(a)(43) (8 U.S.C. 1101(a)(43)(F), (G), (R), and (S)) 

13 are each amended by striking ‘‘imprisonment’’ and all that 

14 follows through the semicolon and inserting ‘‘imprison15 ment of more than five years;’’. 

16 (d) CORRUPT ORGANIZATIONS AND GAMBLING OF17 FENSES.—Section 101(a)(43)(J) (8 U.S.C. 

18 1101(a)(43)(J)) is amended by inserting ‘‘more than five 

19 years’’ after the words ‘‘sentence of’’. 

20 (e) ALIEN SMUGGLING.—Section 101(a)(43)(N) (8 

21 U.S.C. 101(a)(43)(N)) is amended— 

22 (1) by inserting ‘‘committed for the purpose of 

23 commercial advantage,’’ after ‘‘smuggling),’’; and 

24 (2) by adding at the end a semicolon. 


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1 SEC. 903. DEFINITIONS OF ‘‘CONVICTION’’ AND ‘‘TERM OF 

2 IMPRISONMENT’’. 

3 Section 101(a)(48) (8 U.S.C. 1101(a)(48)) is amend4 ed— 

5 (1) in subparagraph (A), by striking ‘‘court’’ 

6 and all that follows through the period at the end 

7 and inserting ‘‘court. An adjudication or judgment 

8 of guilt that has been expunged, deferred, annulled, 

9 invalidated, withheld, or vacated, an order of proba10 tion without entry of judgment, or any similar dis11 position shall not be considered a conviction for pur12 poses of this Act.’’; and 

13 (2) in subparagraph (B)— 

14 (A) by inserting ‘‘only’’ after ‘‘deemed to 

15 include’’; and 

16 (B) by striking ‘‘court of law’’ and all that 

17 follows through the period at the end and in18 serting ‘‘court of law. Any such reference shall 

19 not be deemed to include any suspension of the 

20 imposition or execution of that imprisonment or 

21 sentence in whole or in part.’’. 

22 ‘‘(i) For purposes of this Act, and notwithstanding 

23 subsection (a)(43), the Attorney General may treat any 

24 conviction that did not result in incarceration for more 

25 than 1 year as if such conviction were not a conviction 

26 for an aggravated felony.’’. 


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1 SEC. 904. ELIMINATING RETROACTIVE CHANGES IN RE2 MOVAL GROUNDS. 

3 (a) APPLICATION OF AGGRAVATED FELONY DEFINI4 TION.—The last sentence of section 101(a)(43) (8 U.S.C. 

5 1101(a)(43)) is amended to read as follows: ‘‘The term 

6 shall not apply to any offense that was not covered by 

7 the term on the date on which the offense occurred.’’. 

8 (b) GROUNDS OF DEPORTABILITY.—Section 237 (8 

9 U.S.C. 1227) is amended by adding at the end the fol10 lowing: 

11 ‘‘(e) Notwithstanding any other provision of this sec12 tion, an alien is not deportable by reason of committing 

13 any offense that was not a ground of deportability on the 

14 date the offense occurred.’’. 

15 (c) GROUNDS OF INADMISSIBILITY.—Section 212 (8 

16 U.S.C. 1182) is amended by adding at the end the fol17 lowing: 

18 ‘‘(u) Notwithstanding any other provision of this sec19 tion, an alien is not inadmissible by reason of committing 

20 any offense that was not a ground of inadmissibility on 

21 the date the offense occurred.’’. 

22 SEC. 905. ELIMINATING UNFAIR RETROACTIVE CHANGES IN 

23 REMOVAL RULES FOR PERSONS PREVIOUSLY 

24 REMOVED. 

25 (a) IN GENERAL.—The Secretary of Homeland Secu26 rity shall establish a process by which an alien described 


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1 in subsection (b) may apply for reopening a proceeding 

2 so as to seek relief from exclusion, deportation, or removal 

3 under section 212(c) of the Immigration and Nationality 

4 Act (8 U.S.C. 1182(c)), as such section was in effect prior 

5 to the enactment of the Antiterrorism and Effective Death 

6 Penalty Act of 1996 (Public Law 104–132), or section 

7 240A of the Immigration and Nationality Act (8 U.S.C. 

8 1229b), as amended by this Act. 

9 (b) ALIEN DESCRIBED.—An alien referred to in sub10 section (a) is an alien who received a final order of exclu11 sion, deportation, or removal, or a decision on a petition 

12 for review or petition for habeas corpus, on or after Sep13 tember 30, 1996, and who was— 

14 (1) excluded, deported, or removed from the 

15 United States by reason of having committed a 

16 criminal offense that was not a basis for removal, 

17 exclusion, or deportation on the date on which the 

18 offense was committed; 

19 (2) excluded, deported, or removed from the 

20 United States by reason of having committed a 

21 criminal offense that is not a basis for removal, ex22 clusion, or deportation on the date of enactment of 

23 this Act; or 

24 (3) excluded, deported, or removed from the 

25 United States by reason of having committed a 


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1 criminal offense prior to April 24, 1996, for which 

2 there was relief from exclusion, deportation, or re3 moval available prior to such date. 

4 (c) PAROLE.—The Secretary of Homeland Security 

5 may, in the Secretary’s discretion, exercise the parole au6 thority under section 212(d)(5)(A) of the Immigration and 

7 Nationality Act (8 U.S.C. 1182(d)(5)(A)) for the purpose 

8 of permitting aliens excluded, deported, or removed from 

9 the United States to participate in the process established 

10 under subsection (a), if the alien establishes prima facie 

11 eligibility for the relief. 

12 TITLE X—DIVERSITY VISAS 

13 SEC. 1001. INCREASE IN WORLDWIDE LEVEL OF DIVERSITY 

14 IMMIGRANTS. 

15 Section 201(e) (8 U.S.C. 1151(e)) is amended by 

16 striking ‘‘55,000’’ and inserting ‘‘110,000’’. 

17 TITLE XI—HAITIAN PARITY 

18 SEC. 1101. ADJUSTMENT OF STATUS FOR HAITIANS. 

19 (a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 

20 1255 et seq.), as amended by section 202, is further 

21 amended by inserting after section 245C the following: 

22 ‘‘ADJUSTMENT OF STATUS OF CERTAIN HAITIAN

23 NATIONALS

24 ‘‘SEC. 245D. Notwithstanding the provisions of sec25 tion 245(c), the status of any alien who is a national or 

26 citizen of Haiti, and who has been physically present in 


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1 the United States for at least one year, may be adjusted 

2 by the Secretary of Homeland Security, in the Secretary’s 

3 discretion and under such regulations as the Secretary 

4 may prescribe, to that of an alien lawfully admitted for 

5 permanent residence, if the alien makes an application for 

6 such adjustment and the alien is eligible to receive an im7 migrant visa and is admissible to the United States for 

8 permanent residence. Upon approval of such an applica9 tion for adjustment of status, the Secretary shall create 

10 a record of the alien’s admission for permanent residence 

11 as of a date 30 months prior to the filing of such an appli12 cation or the date of the alien’s last arrival into the United 

13 States, whichever date is later. The provisions of this Act 

14 shall be applicable to the spouse and child of any alien 

15 described in this section, regardless of their citizenship 

16 and place of birth, if the spouse or child is residing with 

17 such alien in the United States.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 as amended by section 202, is further amended by insert20 ing after the item relating to section 245C the following: 

‘‘Sec. 245D. Adjustment of status of certain Haitian nationals.’’. 

21 (c) SUNSET.—The amendments made by this section 

22 shall cease to be effective on the date that is 3 years after 

23 the date of the enactment of this Act. 


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1 SEC. 1102. LIMITATION ON BOND DISCRETION. 

2 Section 236 (8 U.S.C. 1226) is amended by adding 

3 at the end the following: 

4 ‘‘(f) EXERCISE OF AUTHORITY FOR ARREST, DETEN5 TION, AND RELEASE.—The Secretary of Homeland Secu6 rity shall exercise the discretion afforded under subsection 

7 (a) on a case-by-case basis. If bond is to be denied on 

8 the ground that the alien’s release would give rise to ad9 verse consequences for national security or national immi10 gration policy, the finding of such adverse consequences 

11 shall be based on circumstances pertaining to the indi12 vidual alien whose release is being considered.’’. 

13 SEC. 1103. ELIMINATION OF MANDATORY DETENTION IN 

14 EXPEDITED REMOVAL PROCEEDINGS. 

15 Section 235(b)(1)(B)(iii)(IV) (8 U.S.C. 

16 1225(b)(1)(B)(iii)(IV)) is amended to read as follows: 

17 ‘‘(IV) DETENTION.—Aliens sub18 ject to the procedures under this 

19 clause shall be detained in accordance 

20 with section 236.’’. 

21 SEC. 1104. AMENDMENTS TO HAITIAN AND IMMIGRANT 

22 FAIRNESS ACT OF 1998. 

23 (a) GROUND FOR INADMISSIBILITY FOR DOCUMENT

24 FRAUD DOES NOT APPLY.—The Haitian Refugee Immi25 gration Fairness Act of 1998 (8 U.S.C. 1255 note) is 


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1 amended in subsections (a)(1)(B) and (d)(1)(D) of section 

2 902 by inserting ‘‘(6)(C)(i),’’ after ‘‘(6)(A),’’. 

3 (b) DETERMINATIONS WITH RESPECT TO CHIL4 DREN.—Section 902(d) of such Act is amended by adding 

5 at the end the following: 

6 ‘‘(3) DETERMINATIONS WITH RESPECT TO

7 CHILDREN.— 

8 ‘‘(A) USE OF APPLICATION FILING

9 DATE.—Determinations made under this sub10 section as to whether an individual is a child of 

11 a parent shall be made using the age and status 

12 of the individual on the date of the enactment 

13 of this section. 

14 ‘‘(B) APPLICATION SUBMISSION BY PAR15 ENT.—Notwithstanding paragraph (1)(C), an 

16 application under this subsection filed based on 

17 status as a child may be filed for the benefit of 

18 such child by a parent or guardian of the child, 

19 if the child is physically present in the United 

20 States on such filing date.’’. 

21 SEC. 1105. NEW APPLICATIONS AND MOTIONS TO REOPEN. 

22 (a) NEW APPLICATIONS.—Notwithstanding section 

23 902(a)(1)(A) of the Haitian and Immigrant Fairness Act 

24 of 1998 (8 U.S.C. 1255 note), an alien who is eligible for 

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1 tion 804 of this Act, may submit an application for adjust2 ment of status under such Act not later than the later 

3 of— 

4 (1) 2 years after the date of the enactment of 

5 this Act; and 

6 (2) 1 year after the date on which final regula7 tions implementing section 804 are promulgated. 

8 (b) MOTIONS TO REOPEN.—The Secretary of Home9 land Security shall establish procedures for the reopening 

10 and reconsideration of applications for adjustment of sta11 tus under the Haitian Refugee Immigration Fairness Act 

12 of 1998 that are affected by the amendments made by 

13 section 1104 of this Act. 

14 (c) RELATIONSHIP OF APPLICATION TO CERTAIN OR15 DERS.—Section 902(a)(3) of the Haitian and Immigrant 

16 Fairness Act of 1998 (8 U.S.C. 1255 note) shall apply 

17 to an alien present in the United States who has been or18 dered excluded, deported, removed, or ordered to depart 

19 voluntarily, and who files an application under subsection 

20 (a), or a motion under subsection (b), in the same manner 

21 as such section 902(a)(3) applied to aliens filing applica22 tions for adjustment of status under such Act before April 

23 1, 2000. 


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1 SEC. 1106. TEMPORARY PROTECTED STATUS FOR HAI2 TIANS. 

3 It is the sense of the Congress that the Secretary of 

4 Homeland Security should be more liberal with respect to 

5 Haiti in deciding whether to designate that country for 

6 temporary protected status under section 244(b)(1)(A) of 

7 the Immigration and Nationality (8 U.S.C. 

8 1254(b)(1)(A)). It is the sense of the Congress that this 

9 decision has sometimes been made without due regard to 

10 the serious threat to personal safety that results from 

11 sending Haitians back to Haiti during a period of ongoing 

12 armed conflict in that country. 

13 TITLE XII—FAIRNESS IN ASYLUM 

14 AND REFUGEE PROCEEDINGS 

15 SEC. 1201. REFUGEE STATUS FOR UNMARRIED SONS AND 

16 DAUGHTERS OF REFUGEES. 

17 Section 207(c)(2) (8 U.S.C. 1157(c)(2)) is amended 

18 by adding at the end the following: 

19 ‘‘(C) When warranted by unusual cir20 cumstances or to preserve family unity, the At21 torney General may, in the Attorney General’s 

22 discretion, consider an unmarried son or daugh23 ter of a refugee to be a child of the refugee for 

24 purposes of this paragraph.’’. 


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1 SEC. 1202. ASYLEE STATUS FOR UNMARRIED SONS AND 

2 DAUGHTERS OF ASYLEES. 

3 Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended 

4 by adding at the end the following: 

5 ‘‘(D) When warranted by unusual cir6 cumstances or to preserve family unity, the Sec7 retary of Homeland Security may, in the Sec8 retary’s discretion, consider an unmarried son 

9 or daughter of an alien who is granted asylum 

10 under this subsection to be a child of the alien 

11 for purposes of this paragraph.’’. 

12 SEC. 1203. ELIMINATION OF ARBITRARY TIME LIMITS ON 

13 ASYLUM APPLICATIONS. 

14 Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amend15 ed— 

16 (1) by striking subparagraph (B); 

17 (2) in subparagraph (C), by striking ‘‘(D),’’ and 

18 inserting ‘‘(C),’’; 

19 (3) in subparagraph (D)— 

20 (A) by striking ‘‘subparagraphs (B) and 

21 (C),’’ and inserting ‘‘subparagraph (B),’’; 

22 (B) by striking ‘‘either’’; and 

23 (C) by striking ‘‘asylum or extraordinary’’ 

24 and all that follows through the period at the 

25 end and inserting ‘‘asylum.’’; and 


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1 (4) by redesignating subparagraphs (C) and 

2 (D) as subparagraphs (B) and (C), respectively. 

3 SEC. 1204. GENDER-BASED PERSECUTION. 

4 (a) TREATMENT AS REFUGEE.—Section 101(a)(42) 

5 (8 U.S.C. 1101(a)(42)) is amended by adding at the end 

6 the following: 

7 ‘‘(C) For purposes of determinations under 

8 this Act, a person who establishes that he or 

9 she suffered persecution in the past, or has a 

10 well-founded fear of persecution, on account of 

11 gender shall be considered to have suffered per12 secution, or to have a well-founded fear of per13 secution, on account of membership in a par14 ticular social group.’’. 

15 (b) RESTRICTION ON REMOVAL TO COUNTRY WHERE

16 ALIEN WOULD BE THREATENED.—Section 241(b)(3) (8 

17 U.S.C. 1231(b)(3)) is amended by adding at the end the 

18 following: 

19 ‘‘(D) GENDER-BASED PERSECUTION.—For 

20 purposes of determinations under this para21 graph, an alien who establishes that the alien’s 

22 life or freedom would be threatened in a coun23 try on account of gender shall be considered to 

24 have established that the alien’s life or freedom 


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1 would be threatened in that country on account 

2 of membership in a particular social group.’’. 

3 TITLE XIII—TEMPORARY 

4 PROTECTED STATUS 

5 SEC. 1301. ADJUSTMENT OF STATUS FOR CERTAIN RECIPI6 ENTS OF TEMPORARY PROTECTED STATUS. 

7 (a) IN GENERAL.—Section 245 (8 U.S.C. 1255) is 

8 amended by adding at the end the following: 

9 ‘‘(n)(1) If, in the opinion of the Secretary of the 

10 Homeland Security Department, a person granted tem11 porary protected status under section 244— 

12 ‘‘(A) has been physically present in the United 

13 States in that status for a continuous period of at 

14 least 5 years; 

15 ‘‘(B) has at all times been a person of good 

16 moral character; 

17 ‘‘(C) has never been convicted of a criminal of18 fense in the United States; 

19 ‘‘(D) in the case of an alien who is 18 years of 

20 age or older, but who is not over the age of 65, has 

21 successfully completed a course on reading, writing, 

22 and speaking words in ordinary usage in the English 

23 language, unless unable to do so on account of phys24 ical or developmental disability or mental impair25 ment; 


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1 ‘‘(E) in the case of an alien 18 years of age or 

2 older, has accepted the values and cultural life of the 

3 United States; and 

4 ‘‘(F) in the case of an alien 18 years of age or 

5 older, has performed at least 40 hours of community 

6 service; 

7 the Secretary may adjust the status of the alien to that 

8 of an alien lawfully admitted for permanent residence. 

9 ‘‘(2) An alien shall not be considered to have failed 

10 to maintain a continuous presence in the United States 

11 for purposes of subsection (a)(1) by virtue of brief, casual, 

12 and innocent absences from the United States. 

13 ‘‘(3)(A) The alien shall establish that the alien is ad14 missible to the United States as immigrant, except as oth15 erwise provided in paragraph (2). 

16 ‘‘(B) The provisions of paragraphs (5), (6)(A), 

17 (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and 

18 (9)(C)(i)(I) of section 212(a) shall not apply in the deter19 mination of an alien’s admissibility under this section. 

20 ‘‘(4) When an alien is granted lawful permanent resi21 dent status under this subsection, the number of immi22 grant visas authorized to be issued under any provision 

23 of this Act shall not be reduced. The numerical limitations 

24 of sections 201 and 202 shall not apply to adjustment of 

25 status under this section. 


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1 ‘‘(5) The Secretary of Homeland Security may termi2 nate removal proceedings without prejudice pending the 

3 outcome of an alien’s application for adjustment of status 

4 under this section on the basis of a prima facie showing 

5 of eligibility for relief under this section.’’. 

6 (b) LIMITATION ON CONSIDERATION IN THE SENATE

7 OF LEGISLATION ADJUSTING STATUS.—Section 244 (8 

8 U.S.C. 1254a) is amended by striking subsection (h) and 

9 redesignating subsection (i) as subsection (h). 

10 SEC. 1302. FOREIGN STATE DESIGNATIONS. 

11 Section 244(b)(1)(C) (8 U.S.C. 1254a(b)(1)(C)) is 

12 amended by striking ‘‘the Attorney General finds that 

13 there exist extraordinary and temporary conditions in the 

14 foreign state that prevent aliens who are nationals of the 

15 state from returning to the state in safety,’’ and inserting 

16 ‘‘the Secretary of Homeland Security finds that extraor17 dinary and temporary conditions in the foreign state make 

18 returning aliens to the state undesirable for humanitarian 

19 reasons,’’. 

20 TITLE XIV—MISCELLANEOUS 

21 PROVISIONS 

22 SEC. 1401. NATURALIZATION PROVISIONS. 

23 (a) PHYSICAL PRESENCE REQUIREMENT.—Section 

24 316 (8 U.S.C. 1427) is amended by adding at the end 

25 the following: 


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1 ‘‘(g) When warranted by extraordinary cir2 cumstances, the Secretary of Homeland Security may re3 duce, by not more than 90 days, the physical presence re4 quirement described in the preceding sentence.’’. 

5 (b) ABSENCES FROM THE UNITED STATES.—Section 

6 316(b) (8 U.S.C. 1427(b)) is amended— 

7 (1) in the first sentence, by striking ‘‘one year’’ 

8 and inserting ‘‘18 months’’; and 

9 (2) in the second sentence, by striking ‘‘contin10 uous period of one year’’ and inserting ‘‘continuous 

11 period of 18 months’’. 

12 SEC. 1402. PREVENTING INAPPROPRIATE STATE AND 

13 LOCAL GOVERNMENT INVOLVEMENT IN THE 

14 ENFORCEMENT OF CIVIL IMMIGRATION PRO15 VISIONS UNDER THE IMMIGRATION AND NA16 TIONALITY ACT. 

17 (a) ELIMINATION OF BAN ON STATE AND LOCAL

18 GOVERNMENTS FROM PREVENTING COMMUNICATIONS

19 WITH THE DEPARTMENT OF HOMELAND SECURITY.— 

20 (1) IN GENERAL.—Section 642 of the Illegal 

21 Immigration Reform and Immigrant Responsibility 

22 Act of 1996 (8 U.S.C. 1373) is repealed. 

23 (2) VERIFICATION OF ELIGIBILITY FOR FED24 ERAL PUBLIC BENEFITS.—Section 432 of the PerVerDate Mar 15 2010 22:34 Apr 19, 2013 Jkt 029200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\H1525.IH H1525

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1 sonal Responsibility and Work Opportunity Rec2 onciliation Act of 1996 (8 U.S.C. 1642) is repealed. 

3 (b) ELIMINATION OF AUTHORITY TO PERMIT STATE

4 PERSONNEL TO CARRY OUT IMMIGRATION OFFICER

5 FUNCTIONS.—Section 287(g) (8 U.S.C. 1357(g)) is re6 pealed. 

7 SEC. 1403. NONIMMIGRANT CATEGORY FOR FASHION MOD8 ELS. 

9 (a) ELIMINATION OF H–1B CLASSIFICATION FOR

10 FASHION MODELS.—Section 101(a)(15)(H)(i)(b) (8 

11 U.S.C. 1101(a)(15)(H)(i)(b)) is amended— 

12 (1) by striking ‘‘or as a fashion model’’; and 

13 (2) by striking ‘‘or, in the case of a fashion 

14 model, is of distinguished merit and ability’’. 

15 (b) NEW CLASSIFICATION.—Section 101(a)(15)(O) 

16 (8 U.S.C. 1101(a)(15)(O)) is amended— 

17 (1) in clause (iii), by striking ‘‘clause (i) or (ii)’’ 

18 and inserting ‘‘clause (i), (ii), or (iii)’’ and by redes19 ignating clause (iii) as clause (iv); and 

20 (2) by inserting after clause (ii) the following 

21 new clause: 

22 ‘‘(iii) is a fashion model who is of distin23 guished merit and ability and who is seeking to 

24 enter the United States temporarily to perform 

25 fashion modeling services that involve events or 


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1 productions which have a distinguished reputa2 tion or that are performed for an organization 

3 or establishment that has a distinguished rep4 utation for, or a record of, utilizing prominent 

5 modeling talent; or’’. 

6 (c) EFFECTIVE DATE AND IMPLEMENTATION.— 

7 (1) IN GENERAL.—The amendments made by 

8 this section shall take effect on the date of the en9 actment of this Act. 

10 (2) REGULATIONS, GUIDELINES, AND PRECE11 DENTS.—The regulations, guidelines, and precedents 

12 in effect on the date of the enactment of this Act for 

13 the adjudication of petitions for fashion models 

14 under section 101(a)(15)(H)(i)(b) of the Immigra15 tion and Nationality Act (8 U.S.C. 

16 1101(a)(15)(H)(i)(b)) shall be applied to petitions 

17 for fashion model under section 101(a)(15)(O)(iii) of 

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

19 1101(a)(15)(O)(iii)), as added by this section, except 

20 that the duration of status approvals shall be based 

21 on regulations applicable to other occupations under 

22 section 101(a)(15)(O) of the Immigration and Na23 tionality Act (8 U.S.C. 1101(a)(15)(O)). 

24 (3) CONSTRUCTION.—Nothing in this section, 

25 or the amendments made by this section, shall be 


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1 construed as preventing an alien who is a fashion 

2 model from obtaining nonimmigrant status under 

3 section 101(a)(15)(O)(i) of the Immigration and Na4 tionality Act (8 U.S.C. 1101(a)(15)(O)(i)) if such 

5 alien is otherwise qualified for such status. 

6 (4) TREATMENT OF PENDING PETITIONS.—Pe7 titions filed on behalf of fashion models under sec8 tion 101(a)(15)(H)(i)(b) of the Immigration and 

9 Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) 

10 that are pending on the date of the enactment of 

11 this Act shall be treated as if they had been filed 

12 under section 101(a)(15)(O)(iii) of the Immigration 

13 and Nationality Act (8 U.S.C. 1101(a)(15)(O)(iii)), 

14 as added by this section. 

15 (5) VISA VALIDITY PERIOD.—The validity pe16 riod for visas issued to beneficiaries of petitions filed 

17 under section 101(a)(15)(O)(iii) of the Immigration 

18 and Nationality Act (8 U.S.C. 1101(a)(15)(O)(iii)) 

19 shall be for the full period of approval notwith20 standing the reciprocity validity periods that would 

21 otherwise be applicable. 

Æ 


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