II 

117TH CONGRESS 

1ST SESSION S. 348 

To provide an earned path to citizenship, to address the root causes of 

migration and responsibly manage the southern border, and to reform 

the immigrant visa system, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 22, 2021 

Mr. MENENDEZ (for himself, Mr. SCHUMER, Mr. PADILLA, Mr. LUJA ́N, Mr. 

BOOKER, Ms. HIRONO, Ms. KLOBUCHAR, Mr. SANDERS, Mr. 

BLUMENTHAL, Mrs. GILLIBRAND, Mr. COONS, Ms. BALDWIN, Mr. BENNET, Mr. SCHATZ, Mrs. FEINSTEIN, Mr. MARKEY, Ms. WARREN, Mr. 

HICKENLOOPER, Mr. DURBIN, Ms. ROSEN, Mr. VAN HOLLEN, Ms. 

DUCKWORTH, Ms. SMITH, Mr. CARPER, Ms. CORTEZ MASTO, and Mr. 

LEAHY) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To provide an earned path to citizenship, to address the 

root causes of migration and responsibly manage the 

southern border, and to reform the immigrant visa system, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘U.S. Citizenship Act’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Terminology with respect to noncitizens. 

TITLE I—EARNED PATH TO CITIZENSHIP AND OTHER REFORMS 

Subtitle A—Earned Path to Citizenship 

Sec. 1101. Lawful prospective immigrant status. 

Sec. 1102. Adjustment of status of lawful prospective immigrants. 

Sec. 1103. The Dream Act. 

Sec. 1104. The American Promise Act. 

Sec. 1105. The Agricultural Workers Adjustment Act. 

Sec. 1106. General provisions relating to adjustment of status. 

Subtitle B—Other Reforms 

Sec. 1201. V nonimmigrant visas. 

Sec. 1202. Expungement and sentencing. 

Sec. 1203. Petty offenses. 

Sec. 1204. Restoring fairness to adjudications. 

Sec. 1205. Judicial review. 

Sec. 1206. Modifications to naturalization provisions. 

Sec. 1207. Relief for long-term legal residents of the Commonwealth of the 

Northern Mariana Islands. 

Sec. 1208. Government contracting and acquisition of real property interest. 

Sec. 1209. Conforming amendments to the Social Security Act. 

TITLE II—ADDRESSING THE ROOT CAUSES OF MIGRATION AND 

RESPONSIBLY MANAGING THE SOUTHERN BORDER 

Sec. 2001. Definitions. 

Subtitle A—Promoting the Rule of Law, Security, and Economic Development 

in Central America 

Sec. 2101. United States Strategy for Engagement in Central America. 

Sec. 2102. Securing support of international donors and partners. 

Sec. 2103. Combating corruption, strengthening the rule of law, and consolidating democratic governance. 

Sec. 2104. Combating criminal violence and improving citizen security. 

Sec. 2105. Combating sexual, gender-based, and domestic violence. 

Sec. 2106. Tackling extreme poverty and advancing economic development. 

Sec. 2107. Authorization of appropriations for United States Strategy for Engagement in Central America. 

Subtitle B—Addressing Migration Needs by Strengthening Regional Humanitarian Responses for Refugees and Asylum Seekers in the Western Hemisphere and Strengthening Repatriation Initiatives 

Sec. 2201. Expanding refugee and asylum processing in the Western Hemisphere. 


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Sec. 2202. Further strengthening regional humanitarian responses in the Western Hemisphere. 

Sec. 2203. Information campaign on dangers of irregular migration. 

Sec. 2204. Identification, screening, and processing of refugees and other individuals eligible for lawful admission to the United States. 

Sec. 2205. Registration and intake. 

Sec. 2206. Central American Refugee Program. 

Sec. 2207. Central American Minors Program. 

Sec. 2208. Central American Family Reunification Parole Program. 

Sec. 2209. Informational campaign; case status hotline. 

Subtitle C—Managing the Border and Protecting Border Communities 

Sec. 2301. Expediting legitimate trade and travel at ports of entry. 

Sec. 2302. Deploying smart technology at the southern border. 

Sec. 2303. Independent oversight on privacy rights. 

Sec. 2304. Training and continuing education. 

Sec. 2305. GAO study of waiver of environmental and other laws. 

Sec. 2306. Establishment of Border Community Stakeholder Advisory Committee. 

Sec. 2307. Rescue beacons. 

Sec. 2308. Use of force. 

Sec. 2309. Office of Professional Responsibility. 

Subtitle D—Improving Border Infrastructure for Families and Children; 

Cracking Down on Criminal Organizations 

Sec. 2401. Humanitarian and medical standards for individuals in U.S. Customs and Border Protection custody. 

Sec. 2402. Child welfare at the border. 

Sec. 2403. Office of Inspector General oversight. 

Sec. 2404. Enhanced investigation and prosecution of human smuggling networks and trafficking organizations. 

Sec. 2405. Enhanced penalties for organized smuggling schemes. 

Sec. 2406. Expanding financial sanctions on narcotics trafficking and money 

laundering. 

Sec. 2407. Support for transnational anti-gang task forces for countering criminal gangs. 

Sec. 2408. Hindering immigration, border, and customs controls. 

TITLE III—REFORM OF THE IMMIGRANT VISA SYSTEM 

Subtitle A—Promoting Family Reunification 

Sec. 3101. Recapture of immigrant visas lost to bureaucratic delay. 

Sec. 3102. Reclassification of spouses and minor children of lawful permanent 

residents as immediate relatives. 

Sec. 3103. Adjustment of family-sponsored per-country limits. 

Sec. 3104. Promoting family unity. 

Sec. 3105. Relief for orphans, widows, and widowers. 

Sec. 3106. Exemption from immigrant visa limit for certain veterans who are 

natives of the Philippines. 

Sec. 3107. Fiance ́e or fiance ́ child status protection. 

Sec. 3108. Retention of priority dates. 

Sec. 3109. Inclusion of permanent partners. 

Sec. 3110. Definition of child. 


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Sec. 3111. Termination of conditional permanent resident status for certain 

noncitizen permanent partners and sons and daughters upon 

finding qualifying permanent partnership improper. 

Sec. 3112. Nationality at birth. 

Subtitle B—National Origin-Based Antidiscrimination for Nonimmigrants 

Sec. 3201. Expansion of nondiscrimination provision. 

Sec. 3202. Transfer and limitations on authority to suspend or restrict the 

entry of a class of noncitizens. 

Subtitle C—Diversity Immigrants 

Sec. 3301. Increasing diversity visas. 

Subtitle D—Reforming Employment-Based Immigration 

Sec. 3401. Doctoral STEM graduates from accredited United States universities. 

Sec. 3402. Addressing visa backlogs. 

Sec. 3403. Eliminating employment-based per country levels. 

Sec. 3404. Increased immigrant visas for other workers. 

Sec. 3405. Flexible adjustments to employment-based immigrant visa program. 

Sec. 3406. Regional Economic Development Immigrant Visa Pilot Program. 

Sec. 3407. Wage-based consideration of temporary workers. 

Sec. 3408. Clarifying dual intent for postsecondary students. 

Sec. 3409. H–4 visa reform. 

Sec. 3410. Extensions related to pending petitions. 

Subtitle E—Promoting Immigrant and Refugee Integration 

Sec. 3501. Definition of Foundation. 

Sec. 3502. United States Citizenship and Integration Foundation. 

Sec. 3503. Pilot program to promote immigrant integration at State and local 

levels. 

Sec. 3504. English as a Gateway to Integration grant program. 

Sec. 3505. Workforce Development and Shared Prosperity grant program. 

Sec. 3506. Existing citizenship education grants. 

Sec. 3507. Grant program to assist eligible applicants. 

Sec. 3508. Study on factors affecting employment opportunities for immigrants 

and refugees with professional credentials obtained in foreign 

countries. 

Sec. 3509. In-State tuition rates for refugees, asylees, and certain special immigrants. 

Sec. 3510. Waiver of English requirement for senior new Americans. 

Sec. 3511. Naturalization for certain United States high school graduates. 

Sec. 3512. Naturalization ceremonies. 

Sec. 3513. National citizenship promotion program. 

Sec. 3514. Authorization of appropriations for Foundation and pilot program. 

TITLE IV—IMMIGRATION COURTS, FAMILY VALUES, AND 

VULNERABLE INDIVIDUALS 

Subtitle A—Promoting Efficient Processing of Asylum Seekers, Addressing 

Immigration Court Backlogs, and Efficiently Repatriating Migrants Ordered 

Removed 

Sec. 4101. Expanding alternatives to detention. 


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Sec. 4102. Eliminating immigration court backlogs. 

Sec. 4103. Improved training for immigration judges and members of the 

Board of Immigration Appeals. 

Sec. 4104. New technology to improve court efficiency. 

Sec. 4105. Court appearance compliance and legal orientation. 

Sec. 4106. Improving court efficiency and reducing costs by increasing access 

to legal information. 

Sec. 4107. Facilitating safe and efficient repatriation. 

Subtitle B—Protecting Family Values and Monitoring and Caring for 

Unaccompanied Noncitizen Children After Arrival 

Sec. 4201. Definition of local educational agency. 

Sec. 4202. Responsibility of sponsor for immigration court compliance and child 

well-being. 

Sec. 4203. Funding to school districts for unaccompanied noncitizen children. 

Sec. 4204. School enrollment. 

Subtitle C—Admission and Protection of Refugees, Asylum Seekers, and 

Other Vulnerable Individuals 

Sec. 4301. Elimination of time limits on asylum applications. 

Sec. 4302. Increasing annual numerical limitation on U visas. 

Sec. 4303. Employment authorization for asylum seekers and other individuals. 

Sec. 4304. Enhanced protection for individuals seeking T visas, U visas, and 

protection under VAWA. 

Sec. 4305. Alternatives to detention. 

Sec. 4306. Notification of proceedings. 

Sec. 4307. Conversion of certain petitions. 

Sec. 4308. Improvements to application process for Afghan special immigrant 

visas. 

Sec. 4309. Special immigrant status for certain surviving spouses and children. 

Sec. 4310. Special immigrant status for certain Syrians who worked for the 

United States Government in Syria. 

Sec. 4311. Authorization of appropriations. 

TITLE V—EMPLOYMENT AUTHORIZATION AND PROTECTING 

WORKERS FROM EXPLOITATION 

Sec. 5101. Commission on Employment Authorization. 

Sec. 5102. Power Act. 

Sec. 5103. Additional civil penalty. 

Sec. 5104. Continued application of workforce and labor protection remedies. 

Sec. 5105. Prohibition on discrimination based on national origin or citizenship 

status. 

Sec. 5106. Fairness for farmworkers. 

Sec. 5107. Protections for migrant and seasonal laborers. 

Sec. 5108. Directive to the United States Sentencing Commission. 

Sec. 5109. Labor Law Enforcement Fund. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 


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1 (1) IN GENERAL.—Any term used in this Act 

2 that is used in the immigration laws shall have the 

3 meaning given such term in the immigration laws. 

4 (2) IMMIGRATION LAWS.—The term ‘‘immigra5 tion laws’’ has the meaning given the term in section 

6 101(a) of the Immigration and Nationality Act (8 

7 U.S.C. 1101(a)). 

8 (3) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Homeland Security. 

10 SEC. 3. TERMINOLOGY WITH RESPECT TO NONCITIZENS. 

11 (a) IMMIGRATION AND NATIONALITY ACT.— 

12 (1) IN GENERAL.—The Immigration and Na13 tionality Act (8 U.S.C. 1101 et seq.) is amended— 

14 (A) in section 101(a) (8 U.S.C. 1101(a))— 

15 (i) by striking paragraph (3) and in16 serting the following: 

17 ‘‘(3) NONCITIZEN.—The term ‘noncitizen’ means any 

18 person not a citizen or national of the United States.’’; 

19 and 

20 (ii) by adding at the end the fol21 lowing: 

22 ‘‘(53) NONCITIZENSHIP.—The term ‘noncitizenship’ 

23 means the condition of being a noncitizen.’’; 

24 (B) by striking ‘‘an alien’’ each place it ap25 pears and inserting ‘‘a noncitizen’’; 


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1 (C) by striking ‘‘An alien’’ each place it 

2 appears and inserting ‘‘A noncitizen’’; 

3 (D) by striking ‘‘alien’’ each place it ap4 pears and inserting ‘‘noncitizen’’; 

5 (E) by striking ‘‘aliens’’ each place it ap6 pears and inserting ‘‘noncitizens’’; 

7 (F) by striking ‘‘alien’s’’ each place it ap8 pears and inserting ‘‘noncitizen’s’’; and 

9 (G) by striking ‘‘alienage’’ each place it 

10 appears and inserting ‘‘noncitizenship’’. 

11 (2) HEADINGS.—The Immigration and Nation12 ality Act (8 U.S.C. 1101 et seq.) is amended— 

13 (A) in the title and chapter headings— 

14 (i) by striking ‘‘ALIEN’’ each place 

15 it appears and inserting ‘‘NONCIT16 IZEN’’; and 

17 (ii) by striking ‘‘ALIENS’’ each 

18 place it appears and inserting ‘‘NON19 CITIZENS’’; 

20 (B) in the section headings— 

21 (i) by striking ‘‘ALIEN’’ each place it 

22 appears and inserting ‘‘NONCITIZEN’’; 

23 (ii) by striking ‘‘ALIENS’’ each place 

24 it appears and inserting ‘‘NONCITIZENS’’; 

25 and 


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1 (iii) by striking ‘‘ALIENAGE’’ each 

2 place it appears and inserting ‘‘NONCITI3 ZENSHIP’’; 

4 (C) in the subsection headings— 

5 (i) by striking ‘‘ALIEN’’ each place it 

6 appears and inserting ‘‘NONCITIZEN’’; and 

7 (ii) by striking ‘‘ALIENS’’ each place it 

8 appears and inserting ‘‘NONCITIZENS’’; 

9 and 

10 (D) in the paragraph, subparagraph, 

11 clause, subclause, item, and subitem headings— 

12 (i) by striking ‘‘ALIEN’’ each place it 

13 appears and inserting ‘‘NONCITIZEN’’; 

14 (ii) by striking ‘‘ALIEN’’ each place it 

15 appears and inserting ‘‘NONCITIZEN’’; 

16 (iii) by striking ‘‘ALIENS’’ each place 

17 it appears and inserting ‘‘NONCITIZENS’’; 

18 and 

19 (iv) by striking ‘‘ALIENS’’ each place 

20 it appears and inserting ‘‘NONCITIZENS’’. 

21 (3) TABLE OF CONTENTS.—The table of con22 tents for the Immigration and Nationality Act (8 

23 U.S.C. 1101 et seq.) is amended— 

24 (A) by striking the item relating to title V 

25 and inserting the following: 

‘‘TITLE V—NONCITIZEN TERRORIST REMOVAL PROCEDURES’’; 


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1 and 

2 (B) in the items relating to the chapters 

3 and sections— 

4 (i) by striking ‘‘Alien’’ each place it 

5 appears and inserting ‘‘Noncitizen’’; 

6 (ii) by striking ‘‘Aliens’’ each place it 

7 appears and inserting ‘‘Noncitizens’’; 

8 (iii) by striking ‘‘alien’’ each place it 

9 appears and inserting ‘‘noncitizen’’; 

10 (iv) by striking ‘‘aliens’’ each place it 

11 appears and inserting ‘‘noncitizens’’; and 

12 (v) by striking ‘‘alienage’’ each place 

13 it appears and inserting ‘‘noncitizenship’’. 

14 (b) UNACCOMPANIED NONCITIZEN CHILDREN.—Sec15 tion 462 of the Homeland Security Act of 2002 (6 U.S.C. 

16 279) is amended by striking ‘‘alien’’ each place it appears 

17 and inserting ‘‘noncitizen’’. 

18 (c) REFERENCES TO ALIENS.—With respect to a per19 son who is not a citizen or national of the United States, 

20 any reference in Federal law, Federal regulation, or any 

21 written instrument issued by the executive branch of the 

22 Government to an alien shall be deemed to refer to a non23 citizen (as defined in section 101(a) of the Immigration 

24 and Nationality Act, as amended by subsection (a)(1)). 


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1 TITLE I—EARNED PATH TO CITI2 ZENSHIP AND OTHER RE3 FORMS 

4 Subtitle A—Earned Path to 

5 Citizenship 

6 SEC. 1101. LAWFUL PROSPECTIVE IMMIGRANT STATUS. 

7 (a) IN GENERAL.—Chapter 5 of title II of the Immi8 gration and Nationality Act (8 U.S.C. 1255 et seq.) is 

9 amended by inserting after section 245A the following: 

10 ‘‘SEC. 245B. ADJUSTMENT OF STATUS OF ELIGIBLE EN11 TRANTS TO THAT OF LAWFUL PROSPECTIVE 

12 IMMIGRANT. 

13 ‘‘(a) REQUIREMENTS.—Notwithstanding any other 

14 provision of law, the Secretary may grant lawful prospec15 tive immigrant status to a noncitizen who— 

16 ‘‘(1) satisfies the eligibility requirements set 

17 forth in section 245G(b), including all criminal and 

18 national security background checks and the pay19 ment of all applicable fees; and 

20 ‘‘(2) submits an application pursuant to the 

21 procedures under section 245G(b)(1). 

22 ‘‘(b) SPOUSES AND CHILDREN.—The requirement in 

23 paragraph (2) subsection (a) shall not apply to a noncit24 izen who is the spouse or child of a noncitizen who satisfies 

25 all requirements of that subsection. 


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1 ‘‘(c) DURATION OF STATUS AND EXTENSION.—The 

2 initial period of authorized admission for a lawful prospec3 tive immigrant— 

4 ‘‘(1) shall remain valid for 6 years, unless re5 voked pursuant to subsection 245G(g)(4); and 

6 ‘‘(2) may be extended for additional 6-year 

7 terms if— 

8 ‘‘(A) the noncitizen remains eligible for 

9 lawful prospective immigrant status; 

10 ‘‘(B) the noncitizen has successfully passed 

11 the background checks described in section 

12 245G(d)(3); and 

13 ‘‘(C) such status was not revoked by the 

14 Secretary. 

15 ‘‘(d) EVIDENCE OF LAWFUL PROSPECTIVE IMMI16 GRANT STATUS.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall issue 

18 documentary evidence of lawful prospective immi19 grant status to each noncitizen, including the prin20 cipal applicant and any spouse or child included in 

21 the application, whose application for such status 

22 has been approved. 

23 ‘‘(2) DOCUMENTATION FEATURES.—Documen24 tary evidence issued under paragraph (1) shall— 


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1 ‘‘(A) comply with the requirements of sec2 tion 245G(g)(3)(C); and 

3 ‘‘(B) specify a period of validity of 6 years 

4 beginning on the date of issuance. 

5 ‘‘(e) TERMS AND CONDITIONS OF LAWFUL PROSPEC6 TIVE IMMIGRANT STATUS.— 

7 ‘‘(1) IN GENERAL.—A noncitizen granted lawful 

8 prospective immigrant status under this section shall 

9 be considered lawfully present in the United States 

10 for all purposes while such noncitizen remains in 

11 such status, except that the noncitizen— 

12 ‘‘(A) is not entitled to the premium assist13 ance tax credit authorized under section 36B of 

14 the Internal Revenue Code of 1986 for his or 

15 her health insurance coverage; 

16 ‘‘(B) shall be subject to the rules applica17 ble to individuals not lawfully present that are 

18 set forth in subsection (e) of that section; 

19 ‘‘(C) shall be subject to the rules applicable 

20 to individuals not lawfully present that are set 

21 forth in section 1402(e) of the Patient Protec22 tion and Affordable Care Act (42 U.S.C. 

23 18071); and 

24 ‘‘(D) shall be subject to the rules applica25 ble to individuals not lawfully present set forth 


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1 in section 5000A(d)(3) of the Internal Revenue 

2 Code of 1986. 

3 ‘‘(2) ELIGIBILITY FOR COVERAGE UNDER A

4 QUALIFIED HEALTH PLAN.—Notwithstanding section 

5 1312(f)(3) of the Patient Protection and Affordable 

6 Care Act (42 U.S.C. 18032(f)(3)), a lawful prospec7 tive immigrant shall be treated as a qualified indi8 vidual under section 1312 of that Act if the lawful 

9 prospective immigrant meets the requirements under 

10 subsection (f)(1) of that section. 

11 ‘‘(3) EMPLOYMENT.—Notwithstanding any 

12 other provision of law, including section 241(a)(7), 

13 a lawful prospective immigrant shall be authorized 

14 to be employed in the United States while in such 

15 status. 

16 ‘‘(4) TRAVEL OUTSIDE THE UNITED STATES.— 

17 A lawful prospective immigrant may travel outside of 

18 the United States and may be admitted, if otherwise 

19 admissible, upon returning to the United States 

20 without having to obtain a visa if— 

21 ‘‘(A) the lawful prospective immigrant is in 

22 possession of— 

23 ‘‘(i) valid, unexpired documentary evi24 dence of lawful prospective immigrant sta25 tus; or 


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1 ‘‘(ii) a travel document, duly approved 

2 by the Secretary, that was issued to the 

3 lawful prospective immigrant after the law4 ful prospective immigrant’s original docu5 mentary evidence was lost, stolen, or de6 stroyed; 

7 ‘‘(B) the lawful prospective immigrant’s 

8 absences from the United States do not exceed 

9 180 days, in the aggregate, in any calendar 

10 year, unless— 

11 ‘‘(i) the lawful prospective immi12 grant’s absences were authorized by the 

13 Secretary; or 

14 ‘‘(ii) the lawful prospective immi15 grant’s failure to timely return was due to 

16 circumstances beyond the noncitizen’s con17 trol; 

18 ‘‘(C) the lawful prospective immigrant 

19 meets the requirements for an extension as de20 scribed in subsection (c)(2); and 

21 ‘‘(D) the lawful prospective immigrant es22 tablishes that the lawful prospective immigrant 

23 is not inadmissible under subparagraph (A)(i), 

24 (A)(iii), (B), or (C) of section 212(a)(3). 


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1 ‘‘(5) ASSIGNMENT OF SOCIAL SECURITY NUM2 BER.— 

3 ‘‘(A) IN GENERAL.—The Commissioner of 

4 Social Security (referred to in this paragraph as 

5 the ‘Commissioner’), in coordination with the 

6 Secretary, shall implement a system to allow for 

7 the assignment of a Social Security number and 

8 the issuance of a Social Security card to each 

9 lawful prospective immigrant. 

10 ‘‘(B) INFORMATION SHARING.— 

11 ‘‘(i) IN GENERAL.—The Secretary 

12 shall provide the Commissioner with infor13 mation from the applications submitted by 

14 noncitizens granted lawful prospective im15 migrant status under this section and such 

16 other information as the Commissioner 

17 considers necessary to assign a Social Se18 curity account number to such noncitizens. 

19 ‘‘(ii) USE OF INFORMATION.—The 

20 Commissioner may use information re21 ceived from the Secretary under this sub22 paragraph— 

23 ‘‘(I) to assign Social Security ac24 count numbers to lawful prospective 

25 immigrants; and 


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1 ‘‘(II) to administer the programs 

2 of the Social Security Administration. 

3 ‘‘(iii) LIMITATION.—The Commis4 sioner may maintain, use, and disclose 

5 such information only as permitted under 

6 section 552a of title 5, United States Code 

7 (commonly known as the Privacy Act of 

8 1974), and other applicable Federal law.’’. 

9 (b) ENLISTMENT IN THE ARMED FORCES.—Section 

10 504(b)(1) of title 10, United States Code, is amended by 

11 adding at the end the following: 

12 ‘‘(D) A noncitizen who has been granted 

13 lawful prospective immigrant status under sec14 tion 245B of the Immigration and Nationality 

15 Act.’’. 

16 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

17 (1) TABLE OF CONTENTS.—The table of con18 tents for the Immigration and Nationality Act (8 

19 U.S.C. 1101 et seq.) is amended by inserting after 

20 the item relating to section 245A the following: 

‘‘Sec. 245B. Adjustment of status of eligible entrants to that of lawful prospective immigrant.’’. 

21 (2) DEFINITION OF LAWFUL PROSPECTIVE IM22 MIGRANT.—Section 101(a) of the Immigration and 

23 Nationality Act (8 U.S.C. 1101(a)), as amended by 


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1 section 3, is further amended by adding at the end 

2 the following: 

3 ‘‘(54) LAWFUL PROSPECTIVE IMMIGRANT.—The 

4 term ‘lawful prospective immigrant’ means a noncitizen 

5 granted lawful prospective immigrant status under section 

6 245B.’’. 

7 SEC. 1102. ADJUSTMENT OF STATUS OF LAWFUL PROSPEC8 TIVE IMMIGRANTS. 

9 (a) IN GENERAL.—Chapter 5 of title II of the Immi10 gration and Nationality Act (8 U.S.C. 1255 et seq.), as 

11 amended by section 1101, is further amended by inserting 

12 after section 245B the following: 

13 ‘‘SEC. 245C. ADJUSTMENT OF STATUS OF LAWFUL PRO14 SPECTIVE IMMIGRANTS. 

15 ‘‘(a) REQUIREMENTS.—Notwithstanding any other 

16 provision of law, the Secretary may adjust the status of 

17 a lawful prospective immigrant to that of a lawful perma18 nent resident if the lawful prospective immigrant— 

19 ‘‘(1) subject to subsection (b), satisfies the eli20 gibility requirements set forth in section 245G(b), 

21 including all criminal and national security back22 ground checks and the payment of all applicable 

23 fees; 

24 ‘‘(2) submits an application pursuant to the 

25 procedures under section 245G(b)(1); 


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1 ‘‘(3) has been a lawful prospective immigrant 

2 for not less than 5 years; 

3 ‘‘(4) remains eligible for such status; 

4 ‘‘(5) establishes, to the satisfaction of the Sec5 retary, that the lawful prospective immigrant has 

6 not been continuously absent from the United States 

7 for more than 180 days in any calendar year during 

8 the period of admission as a lawful prospective im9 migrant, unless the lawful prospective immigrant’s 

10 absence was— 

11 ‘‘(A) authorized by the Secretary; or 

12 ‘‘(B) due to circumstances beyond the law13 ful prospective immigrant’s control; and 

14 ‘‘(6) has satisfied any applicable Federal tax li15 ability. 

16 ‘‘(b) PREVIOUS WAIVERS.—For purposes of this sec17 tion, any ground of inadmissibility under section 212(a) 

18 that was previously waived for a noncitizen, or made inap19 plicable under any section of this Act, shall not apply. 

20 ‘‘(c) DEMONSTRATION OF COMPLIANCE.—An appli21 cant may demonstrate compliance with subsection (a)(6) 

22 by submitting appropriate documentation, in accordance 

23 with regulations promulgated by the Secretary, in con24 sultation with the Secretary of the Treasury. 


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1 ‘‘(d) APPLICABLE FEDERAL TAX LIABILITY DE2 FINED.—In this section, the term ‘applicable Federal tax 

3 liability’ means all Federal income taxes assessed in ac4 cordance with section 6203 of the Internal Revenue Code 

5 of 1986.’’. 

6 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

7 (1) TABLE OF CONTENTS.—The table of con8 tents for the Immigration and Nationality Act (8 

9 U.S.C. 1101 et seq.), as amended by section 1101, 

10 is further amended by inserting after the item relat11 ing to section 245B the following: 

‘‘Sec. 245C. Adjustment of status of lawful prospective immigrants.’’. 

12 (2) DEFINITION OF LAWFUL PERMANENT RESI13 DENT.—Section 101(a) of the Immigration and Na14 tionality Act (8 U.S.C. 1101(a)), as amended by sec15 tion 1101, is further amended by adding at the end 

16 the following: 

17 ‘‘(55) LAWFUL PERMANENT RESIDENT.—The term 

18 ‘lawful permanent resident’ means a noncitizen lawfully 

19 admitted for permanent residence.’’. 

20 SEC. 1103. THE DREAM ACT. 

21 (a) IN GENERAL.—Chapter 5 of title II of the Immi22 gration and Nationality Act (8 U.S.C. 1255 et seq.), as 

23 amended by section 1102, is further amended by inserting 

24 after section 245C the following: 


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1 ‘‘SEC. 245D. ADJUSTMENT OF STATUS FOR CERTAIN NON2 CITIZENS WHO ENTERED THE UNITED 

3 STATES AS CHILDREN. 

4 ‘‘(a) REQUIREMENTS.—Notwithstanding any other 

5 provision of law, the Secretary may grant lawful perma6 nent resident status to a noncitizen if the noncitizen— 

7 ‘‘(1) satisfies the eligibility requirements set 

8 forth in section 245G(b), including all criminal and 

9 national security background checks and the pay10 ment of all applicable fees; 

11 ‘‘(2) submits an application pursuant to the 

12 procedures under section 245G(b)(1); 

13 ‘‘(3) was younger than 18 years of age on the 

14 date on which the noncitizen initially entered the 

15 United States; 

16 ‘‘(4) has earned a high school diploma, a com17 mensurate alternative award from a public or private 

18 high school or secondary school, a general education 

19 development certificate recognized under State law, 

20 or a high school equivalency diploma in the United 

21 States; 

22 ‘‘(5)(A) has obtained a degree from an institu23 tion of higher education, or has completed at least 

24 2 years, in good standing, of a program in the 

25 United States leading to a bachelor’s degree or high26 er degree or a recognized postsecondary credential 


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1 from an area career and technical education school 

2 providing education at the postsecondary level; 

3 ‘‘(B) has served in the uniformed services for 

4 not less than 2 years and, if discharged, received an 

5 honorable discharge; or 

6 ‘‘(C) demonstrates earned income for periods 

7 totaling not less than 3 years and not less than 75 

8 percent of the time that the noncitizen has had valid 

9 employment authorization, except that, in the case 

10 of a noncitizen who was enrolled in an institution of 

11 higher education or an area career and technical 

12 education school to obtain a recognized postsec13 ondary credential, the Secretary shall reduce such 

14 total 3-year requirement by the total of such periods 

15 of enrollment; and 

16 ‘‘(6) establishes that the noncitizen has reg17 istered under the Military Selective Service Act (50 

18 U.S.C. 3801 et seq.), if the noncitizen is subject to 

19 registration under that Act. 

20 ‘‘(b) WAIVER.—The Secretary may waive the require21 ment under subsection (a)(5) if the noncitizen dem22 onstrates compelling circumstances for the noncitizen’s in23 ability to satisfy such requirement. 

24 ‘‘(c) SPOUSES AND CHILDREN.—The requirements in 

25 paragraphs (2) through (6) of subsection (a) shall not 


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1 apply to a noncitizen who is the spouse or child of a non2 citizen who satisfies all requirements of that subsection. 

3 ‘‘(d) SPECIAL PROCEDURE FOR APPLICANTS WITH

4 DACA.—The Secretary shall establish a streamlined pro5 cedure for noncitizens who— 

6 ‘‘(1) have been granted Deferred Action for 

7 Childhood Arrivals pursuant to the memorandum of 

8 the Department of Homeland Security entitled ‘Ex9 ercising Prosecutorial Discretion with Respect to In10 dividuals Who Came to the United States as Chil11 dren’ issued on June 15, 2012 (referred to in this 

12 section as ‘DACA’); and 

13 ‘‘(2) meet the requirements for renewal of 

14 DACA to apply for adjustment of status to that of 

15 a lawful permanent resident. 

16 ‘‘(e) TREATMENT OF INDIVIDUALS GRANTED DACA 

17 AND INDIVIDUALS WHO ADJUST STATUS UNDER THIS

18 SECTION.— 

19 ‘‘(1) PRE-EXISTING CONDITION INSURANCE

20 PLAN PROGRAM.—The interim final rule of the De21 partment of Health and Human Services entitled 

22 ‘Pre-Existing Condition Insurance Plan Program’ 

23 (77 Fed. Reg. 52614 (August 30, 2012)) shall have 

24 no force or effect. 


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1 ‘‘(2) APPLICABLE DEFINITION OF LAWFULLY

2 PRESENT.—In determining whether an individual is 

3 lawfully present for purposes of determining whether 

4 the individual is lawfully residing in the United 

5 States under section 1903(v)(4) of the Social Secu6 rity Act (42 U.S.C. 1396b(v)(4)), the definition of 

7 ‘lawfully present’ under section 152.2 of title 45, 

8 Code of Federal Regulations (or any successor regu9 lation) shall be applied. 

10 ‘‘(3) INAPPLICABILITY OF LIMITATION ON FED11 ERAL MEANS-TESTED PUBLIC BENEFITS.— 

12 ‘‘(A) IN GENERAL.—Notwithstanding any 

13 other provision of law, except as provided in 

14 subparagraph (B), with respect to eligibility for 

15 any benefit under title XIX or XXI of the So16 cial Security Act (42 U.S.C. 1396 et seq. or 

17 1397aa et seq.), the limitation under section 

18 403(a) of the Personal Responsibility and Work 

19 Opportunity Reconciliation Act of 1996 (8 

20 U.S.C. 1613(a)) shall not apply to an individual 

21 who adjusts status under this section. 

22 ‘‘(B) EXCEPTION.—The limitation de23 scribed in subparagraph (A) shall apply to an 

24 individual who was eligible to adjust status only 

25 by virtue of subsection (c). 


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1 ‘‘(f) INSTITUTION OF HIGHER EDUCATION DE2 FINED.—In this section, the term ‘institution of higher 

3 education’ has the meaning given such term in section 102 

4 of the Higher Education Act of 1965 (20 U.S.C. 1002), 

5 except that the term does not include institutions de6 scribed in subsection (a)(1)(C) of such section.’’. 

7 (b) COMPENSATION FOR OFFICERS OR EMPLOYEES

8 OF THE UNITED STATES.—Section 704 of title VII of di9 vision E of the Consolidated Appropriations Act, 2018 

10 (Public Law 115–141; 132 Stat. 588) is amended— 

11 (1) in paragraph (3), by striking ‘‘; or’’ and in12 serting a semicolon; and 

13 (2) in paragraph (4), by inserting ‘‘; or (5) is 

14 a person who is employed by the House of Rep15 resentatives or the Senate, and has been issued an 

16 employment authorization document under DACA’’ 

17 after ‘‘United States’’. 

18 (c) RESTORATION OF STATE OPTION TO DETERMINE

19 RESIDENCY FOR PURPOSES OF HIGHER EDUCATION.— 

20 (1) REPEAL.—Section 505 of the Illegal Immi21 gration Reform and Immigrant Responsibility Act of 

22 1996 (8 U.S.C. 1623) is repealed. 

23 (2) EFFECTIVE DATE.—The repeal under para24 graph (1) shall take effect as if included in the origi25 nal enactment of the Illegal Immigration Reform 


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1 and Immigrant Responsibility Act of 1996 (division 

2 C of Public Law 104–208). 

3 (d) FEDERAL HOUSING ADMINISTRATION INSUR4 ANCE OF MORTGAGES.—Section 203 of the National 

5 Housing Act (12 U.S.C. 1709) is amended by inserting 

6 after subsection (h) the following: 

7 ‘‘(i) DACA RECIPIENT ELIGIBILITY.— 

8 ‘‘(1) DACA RECIPIENT DEFINED.—In this sub9 section, the term ‘DACA recipient’ means a noncit10 izen who, at any time before, on, or after the date 

11 of enactment of this subsection, is or was subject to 

12 a grant of deferred action pursuant to the Depart13 ment of Homeland Security memorandum entitled 

14 ‘Exercising Prosecutorial Discretion with Respect to 

15 Individuals Who Came to the United States as Chil16 dren’ issued on June 15, 2012. 

17 ‘‘(2) PROHIBITION.—The Secretary may not— 

18 ‘‘(A) prescribe terms that limit the eligi19 bility of a single family mortgage for insurance 

20 under this title because of the status of the 

21 mortgagor as a DACA recipient; or 

22 ‘‘(B) issue any limited denial of participa23 tion in the program for such insurance because 

24 of the status of the mortgagor as a DACA re25 cipient. 


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1 ‘‘(3) EXEMPTION.— 

2 ‘‘(A) DENIAL FOR FAILURE TO SATISFY

3 VALID ELIGIBILITY REQUIREMENTS.—Nothing 

4 in this title prohibits the denial of insurance 

5 based on failure to satisfy valid eligibility re6 quirements. 

7 ‘‘(B) INVALID ELIGIBILITY REQUIRE8 MENTS.—Valid eligibility requirements do not 

9 include criteria that were adopted with the pur10 pose of denying eligibility for insurance because 

11 of race, color, religion, sex, familial status, na12 tional origin, disability, or the status of a mort13 gagor as a DACA recipient.’’. 

14 (e) RURAL HOUSING SERVICE.—Section 501 of the 

15 Housing Act of 1949 (42 U.S.C. 1471) is amended by 

16 adding at the end the following: 

17 ‘‘(k) DACA RECIPIENT ELIGIBILITY.— 

18 ‘‘(1) DACA RECIPIENT DEFINED.—In this sub19 section, the term ‘DACA recipient’ means a noncit20 izen who, at any time before, on, or after the date 

21 of enactment of this subsection, is or was subject to 

22 a grant of deferred action pursuant to the Depart23 ment of Homeland Security memorandum entitled 

24 ‘Exercising Prosecutorial Discretion with Respect to 


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1 Individuals Who Came to the United States as Chil2 dren’ issued on June 15, 2012. 

3 ‘‘(2) PROHIBITION.—The Secretary may not 

4 prescribe terms that limit eligibility for a single fam5 ily mortgage made, insured, or guaranteed under 

6 this title because of the status of the mortgagor as 

7 a DACA recipient.’’. 

8 (f) FANNIE MAE.—Section 302(b) of the National 

9 Housing Act (12 U.S.C. 1717(b)) is amended by adding 

10 at the end the following: 

11 ‘‘(8) DACA RECIPIENT ELIGIBILITY.— 

12 ‘‘(A) DACA RECIPIENT DEFINED.—In this 

13 paragraph, the term ‘DACA recipient’ means a 

14 noncitizen who, at any time before, on, or after 

15 the date of enactment of this paragraph, is or 

16 was subject to a grant of deferred action pursu17 ant to the Department of Homeland Security 

18 memorandum entitled ‘Exercising Prosecutorial 

19 Discretion with Respect to Individuals Who 

20 Came to the United States as Children’ issued 

21 on June 15, 2012. 

22 ‘‘(B) PROHIBITION.—The corporation may 

23 not condition purchase of a single-family resi24 dence mortgage by the corporation under this 


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1 subsection on the status of the borrower as a 

2 DACA recipient.’’. 

3 (g) FREDDIE MAC.—Section 305(a) of the Federal 

4 Home Loan Mortgage Corporation Act (12 U.S.C. 

5 1454(a)) is amended by adding at the end the following: 

6 ‘‘(6) DACA RECIPIENT ELIGIBILITY.— 

7 ‘‘(A) DACA RECIPIENT DEFINED.—In this 

8 paragraph, the term ‘DACA recipient’ means a 

9 noncitizen who, at any time before, on, or after 

10 the date of enactment of this paragraph, is or 

11 was subject to a grant of deferred action pursu12 ant to the Department of Homeland Security 

13 memorandum entitled ‘Exercising Prosecutorial 

14 Discretion with Respect to Individuals Who 

15 Came to the United States as Children’ issued 

16 on June 15, 2012. 

17 ‘‘(B) PROHIBITION.—The Corporation may 

18 not condition purchase of a single-family resi19 dence mortgage by the Corporation under this 

20 subsection on the status of the borrower as a 

21 DACA recipient.’’. 

22 (h) TECHNICAL AND CONFORMING AMENDMENT.— 

23 The table of contents for the Immigration and Nationality 

24 Act (8 U.S.C. 1101 et seq.), as amended by section 1102, 


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1 is further amended by inserting after the item relating to 

2 section 245C the following: 

‘‘Sec. 245D. Adjustment of status for certain noncitizens who entered the 

United States as children.’’. 

3 SEC. 1104. THE AMERICAN PROMISE ACT. 

4 (a) ADJUSTMENT OF STATUS FOR CERTAIN NATION5 ALS OF CERTAIN COUNTRIES DESIGNATED FOR TEM6 PORARY PROTECTED STATUS OR DEFERRED ENFORCED

7 DEPARTURE.—Chapter 5 of title II of the Immigration 

8 and Nationality Act (8 U.S.C. 1255 et seq.), as amended 

9 by section 1103, is further amended by inserting after sec10 tion 245D the following: 

11 ‘‘SEC. 245E. ADJUSTMENT OF STATUS FOR CERTAIN NA12 TIONALS OF CERTAIN COUNTRIES DES13 IGNATED FOR TEMPORARY PROTECTED STA14 TUS OR DEFERRED ENFORCED DEPARTURE. 

15 ‘‘(a) REQUIREMENTS.—Notwithstanding any other 

16 provision of law, the Secretary may grant lawful perma17 nent resident status to a noncitizen if the noncitizen— 

18 ‘‘(1) satisfies the eligibility requirements set 

19 forth in section 245G(b), including all criminal and 

20 national security background checks and the pay21 ment of all applicable fees; 

22 ‘‘(2) submits an application pursuant to the 

23 procedures under section 245G(b)(1); 


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1 ‘‘(3) subject to section 245G(b)(3)(B)(ii), has 

2 been continuously physically present in the United 

3 States since January 1, 2017; and 

4 ‘‘(4)(A) is a national of a foreign state (or a 

5 part thereof), or in the case of a noncitizen having 

6 no nationality, is a person who last habitually re7 sided in such foreign state, with a designation under 

8 section 244(b) on January 1, 2017, who had or was 

9 otherwise eligible for temporary protected status on 

10 such date notwithstanding subsections (c)(1)(A)(iv) 

11 and (c)(3)(C) of that section; or 

12 ‘‘(B) was eligible for deferred enforced depar13 ture as of January 1, 2017. 

14 ‘‘(b) SPOUSES AND CHILDREN.—The requirements of 

15 paragraphs (2) through (4) of subsection (a) shall not 

16 apply to a noncitizen who is the spouse or child of a non17 citizen who satisfies all the requirements of subsection 

18 (a).’’. 

19 (b) CLARIFICATION OF INSPECTION AND ADMISSION

20 UNDER TEMPORARY PROTECTED STATUS.—The Immi21 gration and Nationality Act (8 U.S.C. 1101 et seq.) is 

22 amended— 

23 (1) in section 244(f)(4) (8 U.S.C. 1254a(f)(4)), 

24 by inserting ‘‘as having been inspected and admitted 

25 to the United States’’ after ‘‘considered’’; and 


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1 (2) in section 245(c) (8 U.S.C. 1255(c)), in the 

2 matter preceding paragraph (1), by inserting ‘‘or a 

3 noncitizen granted temporary protected status under 

4 section 244’’ after ‘‘self-petitioner’’. 

5 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

6 The table of contents for the Immigration and Nationality 

7 Act (8 U.S.C. 1101 et seq.), as amended by section 1103, 

8 is further amended by inserting after the item relating to 

9 section 245D the following: 

‘‘Sec. 245E. Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure.’’. 

10 SEC. 1105. THE AGRICULTURAL WORKERS ADJUSTMENT 

11 ACT. 

12 (a) IN GENERAL.—Chapter 5 of title II of the Immi13 gration and Nationality Act (8 U.S.C. 1255 et seq.), as 

14 amended by section 1104, is further amended by inserting 

15 after section 245E the following: 

16 ‘‘SEC. 245F. ADJUSTMENT OF STATUS FOR AGRICULTURAL 

17 WORKERS. 

18 ‘‘(a) REQUIREMENTS.—Notwithstanding any other 

19 provision of law, the Secretary may grant lawful perma20 nent resident status to a noncitizen if— 

21 ‘‘(1) the noncitizen satisfies the eligibility re22 quirements set forth in section 245G(b), including 

23 all criminal and national security background checks 

24 and the payment of all applicable fees; and 


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1 ‘‘(2) submits an application pursuant to the 

2 procedures under section 245G(b)(1); and 

3 ‘‘(3) the Secretary determines that, during the 

4 5-year period immediately preceding the date on 

5 which the noncitizen submits an application under 

6 this section, the noncitizen performed agricultural 

7 labor or services for at least 2,300 hours or 400 

8 work days. 

9 ‘‘(b) SPOUSES AND CHILDREN.—The requirements of 

10 paragraph (3) of subsection (a) shall not apply to a noncit11 izen who is the spouse or child of a noncitizen who satisfies 

12 all the requirements of that subsection. 

13 ‘‘(c) AGRICULTURAL LABOR OR SERVICES DE14 FINED.—In this section, the term ‘agricultural labor or 

15 services’ means— 

16 ‘‘(1) agricultural labor or services (within the 

17 meaning of the term in section 101(a)(15)(H)(ii)), 

18 without regard to whether the labor or services are 

19 of a seasonal or temporary nature; and 

20 ‘‘(2) agricultural employment (as defined in sec21 tion 3 of the Migrant and Seasonal Agricultural 

22 Worker Protection Act (29 U.S.C. 1802)), without 

23 regard to whether the specific service or activity is 

24 temporary or seasonal.’’. 


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1 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

2 The table of contents for the Immigration and Nationality 

3 Act (8 U.S.C. 1101 et seq.), as amended by section 1104, 

4 is further amended by inserting after the item relating to 

5 section 245E the following: 

‘‘Sec. 245F. Adjustment of status for agricultural workers.’’. 

6 SEC. 1106. GENERAL PROVISIONS RELATING TO ADJUST7 MENT OF STATUS. 

8 (a) IN GENERAL.—Chapter 5 of title II of the Immi9 gration and Nationality Act (8 U.S.C. 1255 et seq.), as 

10 amended by section 1105, is further amended by inserting 

11 after section 245E the following: 

12 ‘‘SEC. 245G. GENERAL PROVISIONS RELATING TO ADJUST13 MENT OF STATUS. 

14 ‘‘(a) APPLICABILITY.—Unless otherwise specified, 

15 the provisions of this section shall apply to sections 245B, 

16 245C, 245D, 245E, and 245F. 

17 ‘‘(b) COMMON ELIGIBILITY REQUIREMENTS FOR AP18 PLICATIONS UNDER SECTIONS 245B, 245C, 245D, 245E, 

19 AND 245F.—Unless otherwise specified, a noncitizen ap20 plying for status under section 245B, 245C, 245D, 245E, 

21 or 245F shall satisfy the following requirements: 

22 ‘‘(1) SUBMITTAL OF APPLICATION.—The non23 citizen shall submit a completed application to the 

24 Secretary at such time, in such manner, and conVerDate Sep 11 2014 21:22 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S348.IS S348

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1 taining such information as the Secretary shall re2 quire. 

3 ‘‘(2) PAYMENT OF FEES.— 

4 ‘‘(A) IN GENERAL.—A noncitizen who is 

5 18 years of age or older shall pay to the De6 partment of Homeland Security a processing 

7 fee in an amount determined by the Secretary. 

8 ‘‘(B) RECOVERY OF COSTS.—The proc9 essing fee referred to in subparagraph (A) shall 

10 be set at a level sufficient to recover the cost 

11 of processing the application. 

12 ‘‘(C) AUTHORITY TO LIMIT FEES.—The 

13 Secretary may— 

14 ‘‘(i) limit the maximum processing fee 

15 payable under this paragraph by a family; 

16 and 

17 ‘‘(ii) for good cause, exempt individual 

18 applicants or defined classes of applicants 

19 from the requirement to pay fees under 

20 this paragraph. 

21 ‘‘(D) DEPOSIT.—Fees collected under this 

22 paragraph shall be deposited into the Immigra23 tion Examinations Fee Account pursuant to 

24 section 286(m). 

25 ‘‘(3) PHYSICAL PRESENCE.— 


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1 ‘‘(A) DATE OF SUBMITTAL OF APPLICA2 TION.—The noncitizen shall be physically 

3 present in the United States on the date on 

4 which the application is submitted. 

5 ‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— 

6 ‘‘(i) IN GENERAL.—Except as pro7 vided in clause (ii), the noncitizen shall 

8 have been continuously physically present 

9 in the United States beginning on January 

10 1, 2021, and ending on the date on which 

11 the application is approved. 

12 ‘‘(ii) EXCEPTIONS.— 

13 ‘‘(I) AUTHORIZED ABSENCE.—A 

14 noncitizen who departed temporarily 

15 from the United States shall not be 

16 considered to have failed to maintain 

17 continuous physical presence in the 

18 United States during any period of 

19 travel that was authorized by the Sec20 retary. 

21 ‘‘(II) BRIEF, CASUAL, AND INNO22 CENT ABSENCES.— 

23 ‘‘(aa) IN GENERAL.—A non24 citizen who departed temporarily 

25 from the United States shall not 


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1 be considered to have failed to 

2 maintain continuous physical 

3 presence in the United States if 

4 the noncitizen’s absences from 

5 the United States are brief, cas6 ual, and innocent, whether or not 

7 such absences were authorized by 

8 the Secretary. 

9 ‘‘(bb) ABSENCES MORE

10 THAN 180 DAYS.—For purposes 

11 of this clause, an absence of more 

12 than 180 days, in the aggregate, 

13 during a calendar year shall not 

14 be considered brief, unless the 

15 Secretary finds that the length of 

16 the absence was due to cir17 cumstances beyond the nonciti18 zen’s control, including the seri19 ous illness of the noncitizen, 

20 death or serious illness of a 

21 spouse, parent, grandparent, 

22 grandchild, sibling, son, or 

23 daughter of the noncitizen, or 

24 due to international travel re25 strictions. 


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1 ‘‘(iii) EFFECT OF NOTICE TO AP2 PEAR.—Issuance of a notice to appear 

3 under section 239(a) shall not be consid4 ered to interrupt the continuity of a non5 citizen’s continuous physical presence in 

6 the United States. 

7 ‘‘(4) WAIVER FOR NONCITIZENS PREVIOUSLY

8 REMOVED.— 

9 ‘‘(A) IN GENERAL.—With respect to a non10 citizen who was removed from or who departed 

11 the United States on or after January 20, 

12 2017, and who was continuously physically 

13 present in the United States for not fewer than 

14 3 years immediately preceding the date on 

15 which the noncitizen was removed or departed, 

16 the Secretary may waive, for humanitarian pur17 poses, to ensure family unity, or if such a waiv18 er is otherwise in the public interest, the appli19 cation of— 

20 ‘‘(i) paragraph (3)(A); and 

21 ‘‘(ii) in the case of an applicant for 

22 lawful prospective immigrant status under 

23 section 245B, if the applicant has not re24 entered the United States unlawfully after 

25 January 1, 2021, subsection (c)(3). 


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1 ‘‘(B) APPLICATION PROCEDURE.—The 

2 Secretary, in consultation with the Secretary of 

3 State, shall establish a procedure by which a 

4 noncitizen, while outside the United States, 

5 may apply for status under section 245B, 

6 245C, 245D, 245E, or 245F, as applicable, if 

7 the noncitizen would have been eligible for such 

8 status but for the noncitizen’s removal or de9 parture. 

10 ‘‘(c) GROUNDS FOR INELIGIBILITY.— 

11 ‘‘(1) CERTAIN GROUNDS OF INADMIS12 SIBILITY.— 

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graph (B), a noncitizen shall be ineligible for 

15 status under sections 245B, 245C, 245D, 

16 245E, and 245F if the noncitizen— 

17 ‘‘(i) is inadmissible under paragraph 

18 (2), (3), (6)(E), (8), (10)(C), or (10)(E) of 

19 section 212(a); 

20 ‘‘(ii) has been convicted of a felony of21 fense (excluding any offense under State 

22 law for which an essential element in the 

23 noncitizen’s immigration status); or 

24 ‘‘(iii) has been convicted of 3 or more 

25 misdemeanor offenses (excluding simple 


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1 possession of cannabis or cannabis-related 

2 paraphernalia, any offense involving can3 nabis or cannabis-related paraphernalia 

4 that is no longer prosecutable in the State 

5 in which the conviction was entered, any 

6 offense under State law for which an es7 sential element is the noncitizen’s immigra8 tion status, any offense involving civil dis9 obedience without violence, and any minor 

10 traffic offense) not occurring on the same 

11 date, and not arising out of the same act, 

12 omission, or scheme of misconduct. 

13 ‘‘(B) WAIVERS.— 

14 ‘‘(i) IN GENERAL.—For purposes of 

15 subparagraph (A), the Secretary may, for 

16 humanitarian purposes, family unity, or if 

17 otherwise in the public interest— 

18 ‘‘(I) waive inadmissibility 

19 under— 

20 ‘‘(aa) subparagraphs (A), 

21 (C), and (D) of section 

22 212(a)(2); and 

23 ‘‘(bb) paragraphs (6)(E), 

24 (8), (10)(C), and (10)(E) of such 

25 section; 


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1 ‘‘(II) waive ineligibility under 

2 subparagraph (A)(ii) (excluding of3 fenses described in section 

4 101(a)(43)(A)) or inadmissibility 

5 under subparagraph (B) of section 

6 212(a)(2) if the noncitizen has not 

7 been convicted of any offense during 

8 the 10-year period preceding the date 

9 on which the noncitizen applies for 

10 status under section 245B, 245C, 

11 245D, 245E, or 245F, as applicable; 

12 and 

13 ‘‘(III) for purposes of subpara14 graph (A)(iii), waive consideration 

15 of— 

16 ‘‘(aa) 1 misdemeanor offense 

17 if, during the 5-year period pre18 ceding the date on which the 

19 noncitizen applies for status 

20 under section 245B, 245C, 

21 245D, 245E, or 245F, as appli22 cable, the noncitizen has not been 

23 convicted of any offense; or 

24 ‘‘(bb) 2 misdemeanor of25 fenses if, during the 10-year peVerDate Sep 11 2014 21:22 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S348.IS S348

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1 riod preceding such date, the 

2 noncitizen has not been convicted 

3 of any offense. 

4 ‘‘(ii) CONSIDERATIONS.—In making a 

5 determination under subparagraph (B), 

6 the Secretary of Homeland Security or the 

7 Attorney General shall consider all miti8 gating and aggravating factors, includ9 ing— 

10 ‘‘(I) the severity of the under11 lying circumstances, conduct, or viola12 tion; 

13 ‘‘(II) the duration of the nonciti14 zen’s residence in the United States; 

15 ‘‘(III) evidence of rehabilitation, 

16 if applicable; and 

17 ‘‘(IV) the extent to which the 

18 noncitizen’s removal, or the denial of 

19 the noncitizen’s application, would ad20 versely affect the noncitizen or the 

21 noncitizen’s United States citizen or 

22 lawful permanent resident family 

23 members. 

24 ‘‘(2) NONCITIZENS IN CERTAIN IMMIGRATION

25 STATUSES.— 


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1 ‘‘(A) IN GENERAL.—A noncitizen shall be 

2 ineligible for status under sections 245B, 245C, 

3 245D, 245E, and 245F if on January 1, 2021, 

4 the noncitizen was any of the following: 

5 ‘‘(i) A lawful permanent resident. 

6 ‘‘(ii) A noncitizen admitted as a ref7 ugee under section 207 or granted asylum 

8 under section 208. 

9 ‘‘(iii) A noncitizen who, according to 

10 the records of the Secretary or the Sec11 retary of State, is in a period of authorized 

12 stay in a nonimmigrant status described in 

13 section 101(a)(15)(A), other than— 

14 ‘‘(I) a spouse or a child of a non15 citizen eligible for status under section 

16 245B, 245C, 245D, 245E, or 245F; 

17 ‘‘(II) a noncitizen considered to 

18 be in a nonimmigrant status solely by 

19 reason of section 702 of the Consoli20 dated Natural Resources Act of 2008 

21 (Public Law 110–229; 122 Stat. 854) 

22 or section 244(f)(4) of this Act; 

23 ‘‘(III) a nonimmigrant described 

24 in section 101(a)(15)(H)(ii)(a); and 


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1 ‘‘(IV) a noncitizen who has en2 gaged in ‘essential critical infrastruc3 ture labor or services’, as described in 

4 the ‘Advisory Memorandum on Identi5 fication of Essential Critical Infra6 structure Workers During COVID–19 

7 Response’ (as revised by the Depart8 ment of Homeland Security) during 

9 the period described in subparagraph 

10 (B). 

11 ‘‘(iv) A noncitizen paroled into the 

12 Commonwealth of the Northern Mariana 

13 Islands or Guam who did not reside in the 

14 Commonwealth or Guam on November 28, 

15 2009. 

16 ‘‘(B) PERIOD DESCRIBED.—The period de17 scribed in this subparagraph is the period 

18 that— 

19 ‘‘(i) begins on the first day of the 

20 public health emergency declared by the 

21 Secretary of Health and Human Services 

22 under section 319 of the Public Health 

23 Service Act (42 U.S.C. 247d) with respect 

24 to COVID–19; and 


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1 ‘‘(ii) ends on the date that is 90 days 

2 after the date on which such public health 

3 emergency terminates. 

4 ‘‘(3) CERTAIN NONCITIZENS OUTSIDE THE

5 UNITED STATES AND UNLAWFUL REENTRANTS.—A 

6 noncitizen shall be ineligible for status under sec7 tions 245B, 245C, 245D, 245E, and 245F if the 

8 noncitizen— 

9 ‘‘(A) departed the United States while sub10 ject to an order of exclusion, deportation, re11 moval, or voluntary departure; and 

12 ‘‘(B)(i) was outside the United States on 

13 January 1, 2021; or 

14 ‘‘(ii) reentered the United States unlaw15 fully after January 1, 2021. 

16 ‘‘(d) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

17 DATA; BACKGROUND CHECKS.— 

18 ‘‘(1) IN GENERAL.—The Secretary may not 

19 grant a noncitizen status under section 245B, 245C, 

20 245D, 245E, or 245F unless the noncitizen submits 

21 biometric and biographic data, in accordance with 

22 procedures established by the Secretary. 

23 ‘‘(2) ALTERNATIVE PROCEDURE.—The Sec24 retary shall provide an alternative procedure for 


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1 noncitizens who are unable to provide such biometric 

2 or biographic data due to a physical impairment. 

3 ‘‘(3) BACKGROUND CHECKS.— 

4 ‘‘(A) IN GENERAL.—The Secretary shall 

5 use biometric and biographic data— 

6 ‘‘(i) to conduct security and law en7 forcement background checks; and 

8 ‘‘(ii) to determine whether there is 

9 any criminal, national security, or other 

10 factor that would render the noncitizen in11 eligible for status under section 245B, 

12 245C, 245D, 245E, or 245F, as applica13 ble. 

14 ‘‘(B) COMPLETION REQUIRED.—A noncit15 izen may not be granted status under section 

16 245B, 245C, 245D, 245E, or 245F unless se17 curity and law enforcement background checks 

18 are completed to the satisfaction of the Sec19 retary. 

20 ‘‘(e) ELIGIBILITY FOR OTHER STATUSES.— 

21 ‘‘(1) IN GENERAL.—A noncitizen’s eligibility for 

22 status under section 245B, 245C, 245D, 245E, or 

23 245F shall not preclude the noncitizen from seeking 

24 any status under any other provision of law for 

25 which the noncitizen may otherwise be eligible. 


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1 ‘‘(2) INAPPLICABILITY OF OTHER PROVI2 SIONS.—Section 208(d)(6) shall not apply to any 

3 noncitizen who submits an application under section 

4 245B, 245C, 245D, 245E, or 245F. 

5 ‘‘(f) EXEMPTION FROM NUMERICAL LIMITATION.— 

6 Nothing in this section or section 245B, 245C, 245D, 

7 245E, or 245F or in any other law may be construed— 

8 ‘‘(1) to limit the number of noncitizens who 

9 may be granted status under sections 245B, 245C, 

10 245D, 245E, and 245F; or 

11 ‘‘(2) to count against any other numerical limi12 tation under this Act. 

13 ‘‘(g) PROCEDURES.— 

14 ‘‘(1) OPPORTUNITY TO APPLY AND LIMITATION

15 ON REMOVAL.—A noncitizen who appears to be 

16 prima facie eligible for status under section 245B, 

17 245C, 245D, 245E, or 245F shall be given a reason18 able opportunity to apply for such adjustment of sta19 tus and, if the noncitizen applies within a reasonable 

20 period, the noncitizen shall not be removed before— 

21 ‘‘(A) the Secretary has issued a final deci22 sion denying relief; 

23 ‘‘(B) a final order of removal has been 

24 issued; and 


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1 ‘‘(C) the decision of the Secretary is 

2 upheld by a court, or the time for initiating ju3 dicial review under section 242 has expired, un4 less the order of removal is based on criminal 

5 or national security grounds, in which case re6 moval does not affect the noncitizen’s right to 

7 judicial review. 

8 ‘‘(2) SPOUSES AND CHILDREN.— 

9 ‘‘(A) FAMILY APPLICATION.—The Sec10 retary shall establish a process by which a prin11 cipal applicant and his or her spouse and chil12 dren may file a single combined application 

13 under section 245B, 245C, 245D, 245E, or 

14 245F, including a petition to classify the spouse 

15 and children as the spouse and children of the 

16 principal applicant. 

17 ‘‘(B) EFFECT OF TERMINATION OF LEGAL

18 RELATIONSHIP OR DOMESTIC VIOLENCE.—If 

19 the spousal or parental relationship between a 

20 noncitizen granted lawful prospective immigrant 

21 status or lawful permanent resident status 

22 under section 245B, 245C, 245D, 245E, or 

23 245F and the noncitizen’s spouse or child is 

24 terminated by death, divorce, or annulment, or 

25 the spouse or child has been battered or subVerDate Sep 11 2014 21:22 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S348.IS S348

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1 jected to extreme cruelty by the noncitizen (re2 gardless of whether the legal relationship termi3 nates), the spouse or child may apply independ4 ently for lawful prospective immigrant status or 

5 lawful permanent resident status if he or she is 

6 otherwise eligible. 

7 ‘‘(C) EFFECT OF DENIAL OF APPLICATION

8 OR REVOCATION OF STATUS.—If the application 

9 of a noncitizen for status under section 245B, 

10 245C, 245D, 245E, or 245F is denied, or his 

11 or her status is revoked, the spouse or child of 

12 such noncitizen shall remain eligible to apply 

13 independently for status under the applicable 

14 section. 

15 ‘‘(3) ADJUDICATION.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall 

17 evaluate each application submitted under sec18 tion 245B, 245C, 245D, 245E, or 245F to de19 termine whether the applicant meets the appli20 cable requirements. 

21 ‘‘(B) ADJUSTMENT OF STATUS IF FAVOR22 ABLE DETERMINATION.—If the Secretary deter23 mines that a noncitizen meets the requirements 

24 of section 245B, 245C, 245D, 245E, or 245F, 

25 as applicable, the Secretary shall— 


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1 ‘‘(i) notify the noncitizen of such de2 termination; and 

3 ‘‘(ii) adjust the status of the noncit4 izen to that of lawful prospective immi5 grant or lawful permanent resident, as ap6 plicable, effective as of the date of such de7 termination. 

8 ‘‘(C) DOCUMENTARY EVIDENCE OF STA9 TUS.— 

10 ‘‘(i) IN GENERAL.—The Secretary 

11 shall issue documentary evidence of lawful 

12 prospective immigrant status or lawful per13 manent resident status, as applicable, to 

14 each noncitizen whose application for such 

15 status has been approved. 

16 ‘‘(ii) ELEMENTS.—Documentary evi17 dence issued under clause (i) shall— 

18 ‘‘(I) be machine-readable and 

19 tamper-resistant; 

20 ‘‘(II) contain a digitized photo21 graph of the noncitizen; 

22 ‘‘(III) during the noncitizen’s au23 thorized period of admission, serve as 

24 a valid travel and entry document; 

25 and 


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1 ‘‘(IV) include such other features 

2 and information as the Secretary may 

3 prescribe. 

4 ‘‘(iii) EMPLOYMENT AUTHORIZA5 TION.—Documentary evidence issued 

6 under clause (i) shall be accepted during 

7 the period of its validity by an employer as 

8 evidence of employment authorization and 

9 identity under section 274A(b)(1)(B); and 

10 ‘‘(D) ADVERSE DETERMINATION.—If the 

11 Secretary determines that the noncitizen does 

12 not meet the requirements for the status for 

13 which the noncitizen applied, the Secretary 

14 shall notify the noncitizen of such determina15 tion. 

16 ‘‘(E) WITHDRAWAL OF APPLICATION.— 

17 ‘‘(i) IN GENERAL.—On receipt of a re18 quest to withdraw an application under 

19 section 245B, 245C, 245D, 245E, or 

20 245F, the Secretary shall cease processing 

21 of the application and close the case. 

22 ‘‘(ii) EFFECT OF WITHDRAWAL.— 

23 Withdrawal of such an application shall 

24 not prejudice any future application filed 


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1 by the applicant for any immigration ben2 efit under this Act. 

3 ‘‘(F) DOCUMENT REQUIREMENTS.— 

4 ‘‘(i) ESTABLISHING IDENTITY.—A 

5 noncitizen’s application for status under 

6 section 245B, 245C, 245D, 245E, or 245F 

7 may include, as evidence of identity, the 

8 following: 

9 ‘‘(I) A passport or national iden10 tity document from the noncitizen’s 

11 country of origin that includes the 

12 noncitizen’s name and the noncitizen’s 

13 photograph or fingerprint. 

14 ‘‘(II) The noncitizen’s birth cer15 tificate and an identity card that in16 cludes the noncitizen’s name and pho17 tograph. 

18 ‘‘(III) A school identification 

19 card that includes the noncitizen’s 

20 name and photograph, and school 

21 records showing the noncitizen’s name 

22 and that the noncitizen is or was en23 rolled at the school. 


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1 ‘‘(IV) A uniformed services iden2 tification card issued by the Depart3 ment of Defense. 

4 ‘‘(V) Any immigration or other 

5 document issued by the United States 

6 Government bearing the noncitizen’s 

7 name and photograph. 

8 ‘‘(VI) A State-issued identifica9 tion card bearing the noncitizen’s 

10 name and photograph. 

11 ‘‘(VII) Any other evidence that 

12 the Secretary determines to be cred13 ible. 

14 ‘‘(ii) DOCUMENTS ESTABLISHING CON15 TINUOUS PHYSICAL PRESENCE.—Evidence 

16 that the noncitizen has been continuously 

17 physically present in the United States 

18 may include the following: 

19 ‘‘(I) Passport entries, including 

20 admission stamps on the noncitizen’s 

21 passport. 

22 ‘‘(II) Any document from the De23 partment of Justice or the Depart24 ment of Homeland Security noting the 


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1 noncitizen’s date of entry into the 

2 United States. 

3 ‘‘(III) Records from any edu4 cational institution the noncitizen has 

5 attended in the United States. 

6 ‘‘(IV) Employment records of the 

7 noncitizen that include the employer’s 

8 name and contact information. 

9 ‘‘(V) Records of service from the 

10 uniformed services. 

11 ‘‘(VI) Official records from a reli12 gious entity confirming the nonciti13 zen’s participation in a religious cere14 mony. 

15 ‘‘(VII) A birth certificate for a 

16 child who was born in the United 

17 States. 

18 ‘‘(VIII) Hospital or medical 

19 records showing medical treatment or 

20 hospitalization, the name of the med21 ical facility or physician, and the date 

22 of the treatment or hospitalization. 

23 ‘‘(IX) Automobile license receipts 

24 or registration. 


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1 ‘‘(X) Deeds, mortgages, or rental 

2 agreement contracts. 

3 ‘‘(XI) Rent receipts or utility 

4 bills bearing the noncitizen’s name or 

5 the name of an immediate family 

6 member of the noncitizen, and the 

7 noncitizen’s address. 

8 ‘‘(XII) Tax receipts. 

9 ‘‘(XIII) Insurance policies. 

10 ‘‘(XIV) Remittance records, in11 cluding copies of money order receipts 

12 sent in or out of the country. 

13 ‘‘(XV) Travel records, including 

14 online or hardcopy airplane, bus and 

15 train tickets, itineraries, and hotel or 

16 hostel receipts. 

17 ‘‘(XVI) Dated bank transactions. 

18 ‘‘(XVII) Sworn affidavits from at 

19 least two individuals who are not re20 lated to the noncitizen who have di21 rect knowledge of the noncitizen’s con22 tinuous physical presence in the 

23 United States, that contain— 


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1 ‘‘(aa) the name, address, 

2 and telephone number of the affi3 ant; and 

4 ‘‘(bb) the nature and dura5 tion of the relationship between 

6 the affiant and the noncitizen. 

7 ‘‘(XVIII) Any other evidence de8 termined to be credible. 

9 ‘‘(iii) DOCUMENTS ESTABLISHING EX10 EMPTION FROM APPLICATION FEES.—The 

11 Secretary shall set forth, by regulation, the 

12 documents that may be used as evidence 

13 that a noncitizen’s application for status 

14 under section 245B, 245C, 245D, 245E, 

15 or 245F is exempt from an application fee 

16 under subsection (b)(2). 

17 ‘‘(iv) AUTHORITY TO PROHIBIT USE

18 OF CERTAIN DOCUMENTS.—If the Sec19 retary determines, after publication in the 

20 Federal Register and an opportunity for 

21 public comment, that any document or 

22 class of documents does not reliably estab23 lish identity, or that any document or class 

24 of documents is frequently being used to 

25 obtain relief under this section and is being 


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1 obtained fraudulently to an unacceptable 

2 degree, the Secretary may prohibit or re3 strict the use of such document or class of 

4 documents. 

5 ‘‘(G) SUFFICIENCY OF THE EVIDENCE.— 

6 ‘‘(i) FAILURE TO SUBMIT SUFFICIENT

7 EVIDENCE.—The Secretary may deny an 

8 application under section 245B, 245C, 

9 245D, 245E, or 245F submitted by a non10 citizen who fails to submit requested initial 

11 evidence, including requested biometric 

12 data, or any requested additional evidence, 

13 by the date required by the Secretary. 

14 ‘‘(ii) AMENDED APPLICATION.—A 

15 noncitizen whose application is denied 

16 under clause (i) may, without an additional 

17 fee, submit to the Secretary an amended 

18 application or supplement the existing ap19 plication if the amended or supplemented 

20 application contains the required informa21 tion and any fee that was missing from the 

22 initial application. 

23 ‘‘(iii) FULFILLMENT OF ELIGIBILITY

24 REQUIREMENTS.—Except as provided in 

25 clause (i), an application— 


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1 ‘‘(I) may not be denied for fail2 ure to submit particular evidence; and 

3 ‘‘(II) may only be denied on evi4 dentiary grounds if the evidence sub5 mitted is not credible or otherwise 

6 fails to establish eligibility. 

7 ‘‘(iv) AUTHORITY TO DETERMINE

8 PROBITY OF EVIDENCE.—The Secretary 

9 may determine— 

10 ‘‘(I) whether evidence is credible; 

11 and 

12 ‘‘(II) the weight to be given the 

13 evidence. 

14 ‘‘(4) REVOCATION.— 

15 ‘‘(A) IN GENERAL.—If the Secretary deter16 mines that a noncitizen fraudulently obtained 

17 status under section 245B, 245C, 245D, 245E, 

18 or 245F, the Secretary may revoke such status 

19 at any time after— 

20 ‘‘(i) providing appropriate notice to 

21 the noncitizen; 

22 ‘‘(ii) providing the noncitizen an op23 portunity to respond; and 


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1 ‘‘(iii) the exhaustion or waiver of all 

2 applicable administrative review procedures 

3 under paragraph (6). 

4 ‘‘(B) ADDITIONAL EVIDENCE.—In deter5 mining whether to revoke a noncitizen’s status 

6 under subparagraph (A), the Secretary may re7 quire the noncitizen— 

8 ‘‘(i) to submit additional evidence; or 

9 ‘‘(ii) to appear for an interview. 

10 ‘‘(C) INVALIDATION OF DOCUMENTA11 TION.—If a noncitizen’s status is revoked under 

12 subparagraph (A), any documentation issued by 

13 the Secretary to the noncitizen under paragraph 

14 (3)(C) shall automatically be rendered invalid 

15 for any purpose except for departure from the 

16 United States. 

17 ‘‘(5) ADMINISTRATIVE REVIEW.— 

18 ‘‘(A) EXCLUSIVE ADMINISTRATIVE RE19 VIEW.—Administrative review of a determina20 tion with respect to an application for status 

21 under section 245B, 245C, 245D, 245E, or 

22 245F shall be conducted solely in accordance 

23 with this paragraph. 

24 ‘‘(B) ADMINISTRATIVE APPELLATE RE25 VIEW.— 


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1 ‘‘(i) ESTABLISHMENT OF ADMINIS2 TRATIVE APPELLATE AUTHORITY.—The 

3 Secretary shall establish or designate an 

4 appellate authority to provide for a single 

5 level of administrative appellate review of 

6 denials of applications or petitions sub7 mitted, and revocations of status, under 

8 sections 245B, 245C, 245D, 245E, and 

9 245F. 

10 ‘‘(ii) SINGLE APPEAL FOR EACH AD11 MINISTRATIVE DECISION.—A noncitizen in 

12 the United States whose application for 

13 status under section 245B, 245C, 245D, 

14 245E, or 245F has been denied or whose 

15 status under any such section has been re16 voked may submit to the Secretary not 

17 more than 1 appeal of each such decision. 

18 ‘‘(iii) NOTICE OF APPEAL.—A notice 

19 of appeal under this paragraph shall be 

20 submitted not later than 90 days after the 

21 date of service of the denial or revocation, 

22 unless a delay beyond the 90-day period is 

23 reasonably justifiable. 

24 ‘‘(iv) REVIEW BY SECRETARY.—Noth25 ing in this paragraph may be construed to 


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1 limit the authority of the Secretary to cer2 tify appeals for review and final decision. 

3 ‘‘(v) DENIAL OF PETITIONS FOR

4 SPOUSES AND CHILDREN.—A decision to 

5 deny, or revoke approval of, a petition sub6 mitted by a noncitizen to classify a spouse 

7 or child of the noncitizen as the spouse or 

8 child of a noncitizen for purposes of sec9 tion 245B, 245C, 245D, 245E, or 245F 

10 may be appealed under this paragraph. 

11 ‘‘(C) STAY OF REMOVAL.—Noncitizens 

12 seeking administrative review of a denial, or 

13 revocation of approval, of an application for sta14 tus under section 245B, 245C, 245D, 245E, or 

15 245F shall not be removed from the United 

16 States before a final decision is rendered estab17 lishing ineligibility for such status. 

18 ‘‘(D) RECORD FOR REVIEW.—Administra19 tive appellate review under this paragraph shall 

20 be de novo and based solely upon— 

21 ‘‘(i) the administrative record estab22 lished at the time of the determination on 

23 the application; and 

24 ‘‘(ii) any additional newly discovered 

25 or previously unavailable evidence. 


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1 ‘‘(6) JUDICIAL REVIEW.—Judicial review of de2 cisions denying, or revoking approval of, applications 

3 or petitions under sections 245B, 245C, 245D, 

4 245E, and 245F shall be governed by section 242. 

5 ‘‘(7) EFFECTS WHILE APPLICATIONS ARE

6 PENDING.—During the period beginning on the date 

7 on which a noncitizen applies for status under sec8 tion 245B, 245C, 245D, 245E, or 245F and ending 

9 on the date on which the Secretary makes a final de10 cision on such application— 

11 ‘‘(A) notwithstanding section 212(d)(5)(A), 

12 the Secretary shall have the discretion to grant 

13 advance parole to the noncitizen; 

14 ‘‘(B) the noncitizen shall not be considered 

15 an unauthorized noncitizen (as defined in sec16 tion 274A(h)(3)). 

17 ‘‘(8) EMPLOYMENT.— 

18 ‘‘(A) RECEIPT OF APPLICATION.—As soon 

19 as practicable after receiving an application for 

20 status under section 245B, 245C, 245D, 245E, 

21 or 245F, the Secretary shall provide the appli22 cant with a document acknowledging receipt of 

23 such application. 


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1 ‘‘(B) EMPLOYMENT AUTHORIZATION.—A 

2 document issued under subparagraph (A) 

3 shall— 

4 ‘‘(i) serve as interim proof of the non5 citizen’s authorization to accept employ6 ment in the United States; and 

7 ‘‘(ii) be accepted by an employer as 

8 evidence of employment authorization 

9 under section 274A(b)(1)(C) pending a 

10 final decision on the application. 

11 ‘‘(C) EMPLOYER PROTECTION.—An em12 ployer who knows that a noncitizen employee is 

13 an applicant for status under section 245B, 

14 245C, 245D, 245E, or 245F or intends to 

15 apply for any such status, and who continues to 

16 employ the noncitizen pending a final decision 

17 on the noncitizen employee’s application, shall 

18 not be considered to be in violation of section 

19 274A(a)(2) for hiring, employment, or contin20 ued employment of the noncitizen. 

21 ‘‘(9) INFORMATION PRIVACY.— 

22 ‘‘(A) IN GENERAL.—Except as provided in 

23 subparagraph (B), no officer or employee of the 

24 United States may— 


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1 ‘‘(i) use the information provided by a 

2 noncitizen pursuant to an application sub3 mitted under section 245B, 245C, 245D, 

4 245E, or 245F to initiate removal pro5 ceedings against any person identified in 

6 the application; 

7 ‘‘(ii) make any publication whereby 

8 the information provided by any particular 

9 individual pursuant to such an application 

10 may be identified; or 

11 ‘‘(iii) permit any individual other than 

12 an officer or employee of the Federal agen13 cy to which such an application is sub14 mitted to examine the application. 

15 ‘‘(B) REQUIRED DISCLOSURE.—Notwith16 standing subparagraph (A), the Attorney Gen17 eral or the Secretary shall provide the informa18 tion provided in an application under section 

19 245B, 245C, 245D, 245E, or 245F, and any 

20 other information derived from such informa21 tion, to— 

22 ‘‘(i) a duly recognized law enforce23 ment entity in connection with an inves24 tigation or prosecution of an offense de25 scribed in paragraph (2) or (3) of section 


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1 212(a), if such information is requested in 

2 writing by such entity; or 

3 ‘‘(ii) an official coroner for purposes 

4 of affirmatively identifying a deceased indi5 vidual (whether or not such individual is 

6 deceased as a result of a crime). 

7 ‘‘(C) PENALTY.—Whoever knowingly uses, 

8 publishes, or permits information to be exam9 ined in violation of this section shall be fined 

10 not more than $50,000. 

11 ‘‘(D) SAFEGUARDS.—The Secretary shall 

12 require appropriate administrative and physical 

13 safeguards to protect against disclosure and 

14 uses of information that violate this paragraph. 

15 ‘‘(E) ANNUAL ASSESSMENT.—Not less fre16 quently than annually, the Secretary shall con17 duct an assessment that, for the preceding cal18 endar year— 

19 ‘‘(i) analyzes the effectiveness of the 

20 safeguards under subparagraph (D); 

21 ‘‘(ii) determines the number of au22 thorized disclosures made; and 

23 ‘‘(iii) determines the number of disclo24 sures prohibited by subparagraph (A) 

25 made. 


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1 ‘‘(10) LANGUAGE ASSISTANCE.—The Secretary, 

2 in consultation with the Attorney General, shall 

3 make available forms and accompanying instructions 

4 in the most common languages spoken in the United 

5 States, as determined by the Secretary. 

6 ‘‘(11) REASONABLE ACCOMMODATIONS.—The 

7 Secretary shall develop a plan for providing reason8 able accommodation, consistent with applicable law, 

9 to applicants for status under sections 245B, 245C, 

10 245D, 245E, and 245F with disabilities (as defined 

11 in section 3(1) of the Americans with Disabilities 

12 Act of 1990 (42 U.S.C. 12102(1))). 

13 ‘‘(h) DEFINITIONS.—In this section and sections 

14 245B, 245C, 245D, 245E, and 245F: 

15 ‘‘(1) FINAL DECISION.—The term ‘final deci16 sion’ means a decision or an order issued by the Sec17 retary under this section after the period for re18 questing administrative review under subsection 

19 (g)(5) has expired or the challenged decision was af20 firmed after such administrative review. 

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

22 the Secretary of Homeland Security. 

23 ‘‘(3) UNIFORMED SERVICES.—The term ‘uni24 formed services’ has the meaning given the term in 

25 section 101(a) of title 10, United States Code.’’. 


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1 (b) RULEMAKING.— 

2 (1) RULES IMPLEMENTING SECTIONS 245B, 

3 245D, 245E, 245F, AND 245G.— 

4 (A) IN GENERAL.—Not later than 1 year 

5 after the date of the enactment of this Act, the 

6 Secretary shall issue interim final rules, pub7 lished in the Federal Register, implementing 

8 sections 245B, 245D, 245E, 245F, and 245G 

9 of the Immigration and Nationality Act, as 

10 added by this subtitle. 

11 (B) EFFECTIVE DATE.—Notwithstanding 

12 section 553 of title 5, United States Code, the 

13 rules issued under this paragraph shall be effec14 tive, on an interim basis, immediately upon 

15 publication, but may be subject to change and 

16 revision after public notice and opportunity for 

17 a period of public comment. 

18 (C) FINAL RULES.—Not later than 180 

19 days after the date of publication under sub20 paragraph (B), the Secretary shall finalize the 

21 interim rules. 

22 (2) RULES IMPLEMENTING SECTION 245C.—Not 

23 later than 180 days after the date of the enactment 

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1 plementing section 245C of the Immigration and 

2 Nationality Act, as added by this subtitle. 

3 (3) REQUIREMENT.—The rules issued under 

4 this subsection shall prescribe the evidence required 

5 to demonstrate eligibility for status under sections 

6 245B, 245C, 245D, 245E, and 245F of the Immi7 gration and Nationality Act, as added by this sub8 title, or otherwise required to apply for status under 

9 such sections. 

10 (c) PAPERWORK REDUCTION ACT.—The require11 ments under chapter 35 of title 44, United States Code 

12 (commonly known as the ‘‘Paperwork Reduction Act’’), 

13 shall not apply to any action to implement this title. 

14 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

15 The table of contents for the Immigration and Nationality 

16 Act (8 U.S.C. 1101 et seq.), as amended by section 1105, 

17 is further amended by inserting after the item relating to 

18 section 245F the following: 

‘‘Sec. 245G. General provisions relating to adjustment of status.’’. 

19 Subtitle B—Other Reforms 

20 SEC. 1201. V NONIMMIGRANT VISAS. 

21 (a) NONIMMIGRANT ELIGIBILITY.—Section 

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

23 U.S.C. 1101(a)(15)(V)) is amended to read as follows: 


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1 ‘‘(V) subject to section 214(q)(1), a noncit2 izen who is the beneficiary of an approved peti3 tion under section 203(a) or 245B.’’. 

4 (b) EMPLOYMENT AND PERIOD OF ADMISSION OF

5 NONIMMIGRANTS DESCRIBED IN SECTION

6 101(a)(15)(V).—Section 214(q)(1) of the Immigration 

7 and Nationality Act (8 U.S.C. 1184(q)(1)) is amended to 

8 read as follows: 

9 ‘‘(q) NONIMMIGRANTS DESCRIBED IN SECTION

10 101(a)(15)(V).— 

11 ‘‘(1) CERTAIN SONS AND DAUGHTERS.— 

12 ‘‘(A) EMPLOYMENT AUTHORIZATION.—The 

13 Secretary shall— 

14 ‘‘(i) authorize a nonimmigrant admit15 ted pursuant to section 101(a)(15)(V) to 

16 engage in employment in the United States 

17 during the period of such nonimmigrant’s 

18 authorized admission; and 

19 ‘‘(ii) provide the nonimmigrant with 

20 an ‘employment authorized’ endorsement 

21 or other appropriate document signifying 

22 authorization of employment. 

23 ‘‘(B) TERMINATION OF ADMISSION.—The 

24 period of authorized admission for a non25 immigrant admitted pursuant to section 


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1 101(a)(15)(V) shall terminate 30 days after the 

2 date on which— 

3 ‘‘(i) the nonimmigrant’s application 

4 for an immigrant visa pursuant to the ap5 proval of a petition under section 203(a) is 

6 denied; or 

7 ‘‘(ii) the nonimmigrant’s application 

8 for adjustment of status under section 

9 245, 245B, or 245C pursuant to the ap10 proval of such a petition is denied. 

11 ‘‘(C) PUBLIC BENEFITS.— 

12 ‘‘(i) IN GENERAL.—A noncitizen who 

13 is lawfully present in the United States 

14 pursuant to section 101(a)(15)(V) is not 

15 eligible for any means-tested public bene16 fits (as such term is defined and imple17 mented in section 403 of the Personal Re18 sponsibility and Work Opportunity Rec19 onciliation Act of 1996 (8 U.S.C. 1613)). 

20 ‘‘(ii) HEALTH CARE COVERAGE.—A 

21 noncitizen admitted under section 

22 101(a)(15)(V)— 

23 ‘‘(iii) is not entitled to the premium 

24 assistance tax credit authorized under sec25 tion 36B of the Internal Revenue Code of 


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1 1986 for his or her health insurance cov2 erage; 

3 ‘‘(iv) shall be subject to the rules ap4 plicable to individuals not lawfully present 

5 that are set forth in subsection (e) of such 

6 section; 

7 ‘‘(v) shall be subject to the rules ap8 plicable to individuals not lawfully present 

9 set forth in section 1402(e) of the Patient 

10 Protection and Affordable Care Act (42 

11 U.S.C. 18071(e)); and 

12 ‘‘(vi) shall be subject to the rules ap13 plicable to individuals not lawfully present 

14 set forth in section 5000A(d)(3) of the In15 ternal Revenue Code of 1986.’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect on the first day of the first 

18 fiscal year beginning after the date of the enactment of 

19 this Act. 

20 SEC. 1202. EXPUNGEMENT AND SENTENCING. 

21 (a) DEFINITION OF CONVICTION.—Section 

22 101(a)(48) of the Immigration and Nationality Act (8 

23 U.S.C. 1101(a)(48)) is amended to read as follows: 


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1 ‘‘(48)(A) The term ‘conviction’ means, with respect 

2 to a noncitizen, a formal judgment of guilt of the noncit3 izen entered by a court. 

4 ‘‘(B) The following may not be considered a convic5 tion for purposes of this Act: 

6 ‘‘(i) An adjudication or judgment of guilt that 

7 has been dismissed, expunged, deferred, annulled, in8 validated, withheld, or vacated. 

9 ‘‘(ii) Any adjudication in which the court has 

10 issued— 

11 ‘‘(I) a judicial recommendation against re12 moval; 

13 ‘‘(II) an order of probation without entry 

14 of judgment; or 

15 ‘‘(III) any similar disposition. 

16 ‘‘(iii) A judgment that is on appeal or is within 

17 the time to file direct appeal. 

18 ‘‘(C)(i) Unless otherwise provided, with respect to an 

19 offense, any reference to a term of imprisonment or a sen20 tence is considered to include only the period of incarcer21 ation ordered by a court. 

22 ‘‘(ii) Any such reference shall be considered to ex23 clude any portion of a sentence of which the imposition 

24 or execution was suspended.’’. 


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1 (b) JUDICIAL RECOMMENDATION AGAINST RE2 MOVAL.—The grounds of inadmissibility and deportability 

3 under sections 212(a)(2) and 237(a)(2) of the Immigra4 tion and Nationality Act (8 U.S.C. 1182(a)(2) and 

5 1227(a)(2)) shall not apply to a noncitizen with a criminal 

6 conviction if, not later than 180 days after the date on 

7 which the noncitizen is sentenced, and after having pro8 vided notice and an opportunity to respond to representa9 tives of the State concerned, the Secretary, and pros10 ecuting authorities, the sentencing court issues a rec11 ommendation to the Secretary that the noncitizen not be 

12 removed on the basis of the conviction. 

13 SEC. 1203. PETTY OFFENSES. 

14 Section 212(a)(2)(A)(ii) of the Immigration and Na15 tionality Act (8 U.S.C. 1182(a)(2)(A)(ii)) is amended— 

16 (1) in the matter preceding subclause (I), by 

17 striking ‘‘to a noncitizen who committed only one 

18 crime’’; 

19 (2) in subclause (I), by inserting ‘‘the noncit20 izen committed only one crime,’’ before ‘‘the crime 

21 was committed when’’; and 

22 (3) by amending subclause (II) to read as fol23 lows: 

24 ‘‘(II) the noncitizen committed 

25 not more than 2 crimes, the maximum 


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1 penalty possible for each crime of 

2 which the noncitizen was convicted (or 

3 which the noncitizen admits having 

4 committed or of which the acts that 

5 the noncitizen admits having com6 mitted constituted the essential ele7 ments) did not exceed imprisonment 

8 for 1 year and, if the noncitizen was 

9 convicted of either crime, the noncit10 izen was not sentenced to terms of im11 prisonment with respective sentences 

12 imposed in excess of 180 days (re13 gardless of the extent to which either 

14 sentence was ultimately executed).’’. 

15 SEC. 1204. RESTORING FAIRNESS TO ADJUDICATIONS. 

16 (a) WAIVER OF GROUNDS OF INADMISSIBILITY.— 

17 Section 212 of the Immigration and Nationality Act (8 

18 U.S.C. 1182) is amended by inserting after subsection (b) 

19 the following: 

20 ‘‘(c) HUMANITARIAN, FAMILY UNITY, AND PUBLIC

21 INTEREST WAIVER.— 

22 ‘‘(1) IN GENERAL.—Notwithstanding any other 

23 provision of law, except section 245G(c)(1)(B), the 

24 Secretary of Homeland Security or the Attorney 

25 General may waive the operation of any 1 or more 


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1 grounds of inadmissibility under this section (exclud2 ing inadmissibility under subsection (a)(3)) for any 

3 purpose, including eligibility for relief from re4 moval— 

5 ‘‘(A) for humanitarian purposes; 

6 ‘‘(B) to ensure family unity; or 

7 ‘‘(C) if a waiver is otherwise in the public 

8 interest. 

9 ‘‘(2) CONSIDERATIONS.—In making a deter10 mination under paragraph (1), the Secretary of 

11 Homeland Security or the Attorney General shall 

12 consider all mitigating and aggravating factors, in13 cluding— 

14 ‘‘(A) the severity of the underlying cir15 cumstances, conduct, or violation; 

16 ‘‘(B) the duration of the noncitizen’s resi17 dence in the United States; 

18 ‘‘(C) evidence of rehabilitation, if applica19 ble; and 

20 ‘‘(D) the extent to which the noncitizen’s 

21 removal, or the denial of the noncitizen’s appli22 cation, would adversely affect the noncitizen or 

23 the noncitizen’s United States citizen or lawful 

24 permanent resident family members.’’. 


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1 (b) WAIVER OF GROUNDS OF DEPORTABILITY.—Sec2 tion 237(a) of the Immigration and Nationality Act (8 

3 U.S.C. 1227(a)) is amended by adding at the end the fol4 lowing: 

5 ‘‘(8) HUMANITARIAN, FAMILY UNITY, AND PUB6 LIC INTEREST WAIVER.— 

7 ‘‘(A) IN GENERAL.—Notwithstanding any 

8 other provision of law, except section 

9 245G(c)(1)(B), the Secretary of Homeland Se10 curity or the Attorney General may waive the 

11 operation of any 1 or more grounds of deport12 ability under this subsection (excluding deport13 ability under paragraph (2)(A)(iii) based on a 

14 conviction described in section 101(a)(43)(A) 

15 and deportability under paragraph (4)) for any 

16 purpose, including eligibility for relief from re17 moval— 

18 ‘‘(i) for humanitarian purposes; 

19 ‘‘(ii) to ensure family unity; or 

20 ‘‘(iii) if a waiver is otherwise in the 

21 public interest. 

22 ‘‘(B) CONSIDERATIONS.—In making a de23 termination under subparagraph (A), the Sec24 retary of Homeland Security or the Attorney 


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1 General shall consider all mitigating and aggra2 vating factors, including— 

3 ‘‘(i) the severity of the underlying cir4 cumstances, conduct, or violation; 

5 ‘‘(ii) the duration of the noncitizen’s 

6 residence in the United States; 

7 ‘‘(iii) evidence of rehabilitation, if ap8 plicable; and 

9 ‘‘(iv) the extent to which the nonciti10 zen’s removal, or the denial of the nonciti11 zen’s application, would adversely affect 

12 the noncitizen or the noncitizen’s United 

13 States citizen or lawful permanent resident 

14 family members.’’. 

15 SEC. 1205. JUDICIAL REVIEW. 

16 Section 242 of the Immigration and Nationality Act 

17 (8 U.S.C. 1252) is amended— 

18 (1) in subsection (a)(2)— 

19 (A) in subparagraph (B), by inserting ‘‘the 

20 exercise of discretion arising under’’ after ‘‘no 

21 court shall have jurisdiction to review’’; 

22 (B) in subparagraph (C), by inserting 

23 ‘‘and subsection (h)’’ after ‘‘subparagraph 

24 (D)’’; and 


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1 (C) by amending subparagraph (D) to read 

2 as follows: 

3 ‘‘(D) JUDICIAL REVIEW OF CERTAIN

4 LEGAL CLAIMS.—Nothing in subparagraph (B) 

5 or (C), or in any other provision of this Act 

6 that limits or eliminates judicial review, shall be 

7 construed as precluding review of constitutional 

8 claims or questions of law.’’; 

9 (2) in subsection (b)— 

10 (A) in paragraph (2), in the first sentence, 

11 by inserting ‘‘or, in the case of a decision gov12 erned by section 245G(g)(6), in the judicial cir13 cuit in which the petitioner resides’’ after ‘‘pro14 ceedings’’; and 

15 (B) in paragraph (9), by striking the first 

16 sentence and inserting the following: ‘‘Except as 

17 otherwise provided in this section, judicial re18 view of a determination respecting a removal 

19 order shall be available only in judicial review 

20 of a final order under this section.’’; 

21 (3) in subsection (f)— 

22 (A) in paragraph (1), by striking ‘‘or re23 strain the operation of’’; and 


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1 (B) in paragraph (2), by adding ‘‘after all 

2 administrative and judicial review available to 

3 the noncitizen is complete’’ before ‘‘unless’’; and 

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

5 ‘‘(h) JUDICIAL REVIEW OF ELIGIBILITY DETERMINA6 TIONS RELATING TO STATUS UNDER CHAPTER 5.— 

7 ‘‘(1) DIRECT REVIEW.—If a noncitizen’s appli8 cation under section 245B, 245C, 245D, 245E, or 

9 245F is denied, or the approval of such application 

10 is revoked, after the exhaustion of administrative ap11 pellate review under section 245G(g)(5), the noncit12 izen may seek review of such decision, in accordance 

13 with chapter 7 of title 5, United States Code, in the 

14 district court of the United States in which the non15 citizen resides. 

16 ‘‘(2) STATUS DURING REVIEW.—During the pe17 riod in which a review described in paragraph (1) is 

18 pending— 

19 ‘‘(A) any unexpired grant of voluntary de20 parture under section 240B shall be tolled; and 

21 ‘‘(B) any order of exclusion, deportation, 

22 or removal shall automatically be stayed unless 

23 the court, in its discretion, orders otherwise. 

24 ‘‘(3) REVIEW AFTER REMOVAL PRO25 CEEDINGS.—A noncitizen may seek judicial review of 


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1 a denial or revocation of approval of the noncitizen’s 

2 application under section 245B, 245C, 245D, 245E, 

3 or 245F in the appropriate court of appeals of the 

4 United States in conjunction with the judicial review 

5 of an order of removal, deportation, or exclusion if 

6 the validity of the denial or revocation has not been 

7 upheld in a prior judicial proceeding under para8 graph (1). 

9 ‘‘(4) STANDARD FOR JUDICIAL REVIEW.— 

10 ‘‘(A) BASIS.—Judicial review of a denial or 

11 revocation of approval of an application under 

12 section 245B, 245C, 245D, 245E, or 245F 

13 shall be based upon the administrative record 

14 established at the time of the review. 

15 ‘‘(B) AUTHORITY TO REMAND.—The re16 viewing court may remand a case under this 

17 subsection to the Secretary of Homeland Secu18 rity (referred to in this subsection as the ‘Sec19 retary’) for consideration of additional evidence 

20 if the court finds that— 

21 ‘‘(i) the additional evidence is mate22 rial; and 

23 ‘‘(ii) there were reasonable grounds 

24 for failure to adduce the additional evi25 dence before the Secretary. 


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1 ‘‘(C) SCOPE OF REVIEW.—Notwithstanding 

2 any other provision of law, judicial review of all 

3 questions arising from a denial or revocation of 

4 approval of an application under section 245B, 

5 245C, 245D, 245E, or 245F shall be governed 

6 by the standard of review set forth in section 

7 706 of title 5, United States Code. 

8 ‘‘(5) REMEDIAL POWERS.— 

9 ‘‘(A) JURISDICTION.—Notwithstanding any 

10 other provision of law, the district courts of the 

11 United States shall have jurisdiction over any 

12 cause or claim arising from a pattern or prac13 tice of the Secretary in the operation or imple14 mentation of section 245B, 245C, 245D, 245E, 

15 245F, or 245G that is arbitrary, capricious, or 

16 otherwise contrary to law. 

17 ‘‘(B) SCOPE OF RELIEF.—The district 

18 courts of the United States may order any ap19 propriate relief in a cause or claim described in 

20 subparagraph (A) without regard to exhaustion, 

21 ripeness, or other standing requirements (other 

22 than constitutionally mandated requirements), 

23 if the court determines that— 


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1 ‘‘(i) the resolution of such cause or 

2 claim will serve judicial and administrative 

3 efficiency; or 

4 ‘‘(ii) a remedy would otherwise not be 

5 reasonably available or practicable. 

6 ‘‘(6) CHALLENGES TO THE VALIDITY OF THE

7 SYSTEM.— 

8 ‘‘(A) IN GENERAL.—Except as provided in 

9 paragraph (5), any claim that section 245B, 

10 245C, 245D, 245E, 245F, or 245G, or any reg11 ulation, written policy, written directive, or 

12 issued or unwritten policy or practice initiated 

13 by or under the authority of the Secretary to 

14 implement such sections, violates the Constitu15 tion of the United States or is otherwise in vio16 lation of law is available in an action instituted 

17 in a district court of the United States in ac18 cordance with the procedures prescribed in this 

19 paragraph. 

20 ‘‘(B) SAVINGS PROVISION.—Except as pro21 vided in subparagraph (C), nothing in subpara22 graph (A) may be construed to preclude an ap23 plicant under section 245B, 245C, 245D, 245E, 

24 or 245F from asserting that an action taken or 


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1 a decision made by the Secretary with respect 

2 to the applicant’s status was contrary to law. 

3 ‘‘(C) CLASS ACTIONS.—Any claim de4 scribed in subparagraph (A) that is brought as 

5 a class action shall be brought in conformity 

6 with— 

7 ‘‘(i) the Class Action Fairness Act of 

8 2005 (Public Law 109–2; 119 Stat. 4); 

9 and 

10 ‘‘(ii) the Federal Rules of Civil Proce11 dure. 

12 ‘‘(D) PRECLUSIVE EFFECT.—The final dis13 position of any claim brought under subpara14 graph (A) shall be preclusive of any such claim 

15 asserted by the same individual in a subsequent 

16 proceeding under this subsection. 

17 ‘‘(E) EXHAUSTION AND STAY OF PRO18 CEEDINGS.— 

19 ‘‘(i) IN GENERAL.—No claim brought 

20 under this paragraph shall require the 

21 plaintiff to exhaust administrative rem22 edies under section 245G(g)(5). 

23 ‘‘(ii) STAY AUTHORIZED.—Nothing in 

24 this paragraph may be construed to pre25 vent the court from staying proceedings 


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1 under this paragraph to permit the Sec2 retary to evaluate an allegation of an un3 written policy or practice or to take correc4 tive action. In determining whether to 

5 issue such a stay, the court shall take into 

6 account any harm the stay may cause to 

7 the claimant.’’. 

8 SEC. 1206. MODIFICATIONS TO NATURALIZATION PROVI9 SIONS. 

10 The Immigration and Nationality Act (8 U.S.C. 1101 

11 et seq.) is amended— 

12 (1) in section 316 (8 U.S.C. 1427), by adding 

13 at the end the following: 

14 ‘‘(g) For purposes of this chapter, the phrases ‘law15 fully admitted for permanent residence’, ‘lawfully admitted 

16 to the United States for permanent residence’, and ‘lawful 

17 admission for permanent residence’ shall refer to a noncit18 izen who— 

19 ‘‘(1) was granted the status of lawful perma20 nent resident; 

21 ‘‘(2) did not obtain such status through fraudu22 lent misrepresentation or fraudulent concealment of 

23 a material fact, provided that the Secretary shall 

24 have the discretion to waive the application of this 

25 paragraph; and 


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1 ‘‘(3) for good cause shown.’’; and 

2 (2) in section 319 (8 U.S.C. 1430)— 

3 (A) in the section heading, by striking 

4 ‘‘AND EMPLOYEES OF CERTAIN NON5 PROFIT ORGANIZATIONS’’ and inserting ‘‘, 

6 EMPLOYEES OF CERTAIN NONPROFIT OR7 GANIZATIONS, AND OTHER LAWFUL RESI8 DENTS’’; and 

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

10 ‘‘(f) Notwithstanding section 316(a)(1), any lawful 

11 permanent resident who was lawfully present in the 

12 United States and eligible for employment authorization 

13 for not less than 3 years before becoming a lawful perma14 nent resident may be naturalized upon compliance with 

15 all other requirements under this chapter.’’. 

16 SEC. 1207. RELIEF FOR LONG-TERM LEGAL RESIDENTS OF 

17 THE COMMONWEALTH OF THE NORTHERN 

18 MARIANA ISLANDS. 

19 The Joint Resolution entitled ‘‘A Joint Resolution to 

20 approve the ‘Covenant to Establish a Commonwealth of 

21 the Northern Mariana Islands in Political Union with the 

22 United States of America’, and for other purposes’’, ap23 proved March 24, 1976 (48 U.S.C. 1806), is amended— 

24 (1) in subsection (b)(1)— 


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1 (A) by amending subparagraph (A) to read 

2 as follows: 

3 ‘‘(A) NONIMMIGRANT WORKERS GEN4 ERALLY.—A noncitizen, if otherwise qualified, 

5 may seek admission to Guam or to the Com6 monwealth during the transition program as a 

7 nonimmigrant worker under section 

8 101(a)(15)(H) of the Immigration and Nation9 ality Act (8 U.S.C. 1101(a)(15)(H) without 

10 counting against the numerical limitations set 

11 forth in section 214(g) of such Act (8 U.S.C. 

12 1184(g)).’’; and 

13 (B) in subparagraph (B)(i), by striking 

14 ‘‘contact’’ and inserting ‘‘contract’’; 

15 (2) in subsection (e)— 

16 (A) in paragraph (4), in the paragraph 

17 heading, by striking ‘‘ALIENS’’ and inserting 

18 ‘‘NONCITIZENS’’; and 

19 (B) by amending paragraph (6) to read as 

20 follows: 

21 ‘‘(6) SPECIAL PROVISION REGARDING LONG22 TERM RESIDENTS OF THE COMMONWEALTH.— 

23 ‘‘(A) CNMI RESIDENT STATUS.—A noncit24 izen described in subparagraph (B) may, upon 

25 the application of the noncitizen, be admitted in 


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1 CNMI Resident status to the Commonwealth 

2 subject to the following rules: 

3 ‘‘(i) The noncitizen shall be treated as 

4 a noncitizen lawfully admitted to the Com5 monwealth only, including permitting entry 

6 to and exit from the Commonwealth, until 

7 the earlier of the date on which— 

8 ‘‘(I) the noncitizen ceases to re9 side in the Commonwealth; or 

10 ‘‘(II) the noncitizen’s status is 

11 adjusted under section 245 of the Im12 migration and Nationality Act (8 

13 U.S.C. 1255) to that of a noncitizen 

14 lawfully admitted for permanent resi15 dence in accordance with all applica16 ble eligibility requirements. 

17 ‘‘(ii) The Secretary of Homeland Se18 curity— 

19 ‘‘(I) shall establish a process for 

20 such noncitizen to apply for CNMI 

21 Resident status during the 180-day 

22 period beginning on the date that is 

23 90 days after the date of the enact24 ment of the U.S. Citizenship Act; 


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1 ‘‘(II) may, in the Secretary’s dis2 cretion, authorize deferred action or 

3 parole, as appropriate, with work au4 thorization, for such noncitizen until 

5 the date of adjudication of the nonciti6 zen’s application for CNMI Resident 

7 status; and 

8 ‘‘(III) in the case of a noncitizen 

9 who has nonimmigrant status on the 

10 date on which the noncitizen applies 

11 for CNMI Resident status, the Sec12 retary shall extend such non13 immigrant status and work authoriza14 tion through the end of the 180-day 

15 period described in subclause (I) or 

16 the date of adjudication of the nonciti17 zen’s application for CNMI Resident 

18 status, whichever is later. 

19 ‘‘(iii) Nothing in this subparagraph 

20 may be construed to provide any noncitizen 

21 granted status under this subparagraph 

22 with public assistance to which the noncit23 izen is not otherwise entitled. 

24 ‘‘(iv) A noncitizen granted status 

25 under this paragraph shall be deemed a 


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1 qualified noncitizen under section 431 of 

2 the Personal Responsibility and Work Op3 portunity Reconciliation Act of 1996 (8 

4 U.S.C. 1641) for purposes of receiving re5 lief during— 

6 ‘‘(I) a major disaster declared by 

7 the President under section 401 of the 

8 Robert T. Stafford Disaster Relief 

9 and Emergency Assistance Act (42 

10 U.S.C. 5170); 

11 ‘‘(II) an emergency declared by 

12 the President under section 501 of the 

13 Robert T. Stafford Disaster Relief 

14 and Emergency Assistance Act (42 

15 U.S.C. 5191); or 

16 ‘‘(III) a national emergency de17 clared by the President under the Na18 tional Emergencies Act (50 U.S.C. 

19 1601 et seq.). 

20 ‘‘(v) A noncitizen granted status 

21 under this paragraph— 

22 ‘‘(I) subject to section 237(a)(8), 

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1 gration and Nationality Act (8 U.S.C. 

2 1227); 

3 ‘‘(II) subject to section 212(c), is 

4 subject to all grounds of inadmis5 sibility under section 212 of the Im6 migration and Nationality Act (8 

7 U.S.C. 1182) if seeking admission to 

8 the United States at a port of entry 

9 in the Commonwealth; 

10 ‘‘(III) is inadmissible to the 

11 United States at any port of entry 

12 outside the Commonwealth, except 

13 that the Secretary of Homeland Secu14 rity may in the Secretary’s discretion 

15 authorize admission of such noncitizen 

16 at a port of entry in Guam for the 

17 purpose of direct transit to the Com18 monwealth, which admission shall be 

19 considered an admission to the Com20 monwealth; 

21 ‘‘(IV) automatically shall lose 

22 such status if the noncitizen travels 

23 from the Commonwealth to any other 

24 place in the United States, except that 

25 the Secretary of Homeland Security 


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1 may in the Secretary’s discretion es2 tablish procedures for the advance ap3 proval on a case-by-case basis of such 

4 travel for a temporary and legitimate 

5 purpose, and the Secretary may in the 

6 Secretary’s discretion authorize the 

7 direct transit of noncitizens with 

8 CNMI Resident status through Guam 

9 to a foreign place; 

10 ‘‘(V) shall be authorized to work 

11 in the Commonwealth incident to sta12 tus; and 

13 ‘‘(VI) shall be issued appropriate 

14 travel documentation and evidence of 

15 work authorization by the Secretary. 

16 ‘‘(B) NONCITIZENS DESCRIBED.—A non17 citizen is described in this subparagraph if the 

18 noncitizen— 

19 ‘‘(i) was lawfully present on June 25, 

20 2019, or on December 31, 2018, in the 

21 Commonwealth under the immigration 

22 laws of the United States, including pursu23 ant to a grant of parole under section 

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1 ality Act (8 U.S.C. 1182(d)(5)) or deferred 

2 action; 

3 ‘‘(ii) subject to subsection (c) of sec4 tion 212 of the Immigration and Nation5 ality Act (8 U.S.C. 1182), is admissible as 

6 an immigrant to the United States under 

7 that Act (8 U.S.C. 1101 et seq.), except 

8 that no immigrant visa is required; 

9 ‘‘(iii) except in the case of a noncit10 izen who meets the requirements of sub11 clause (III) or (VI) of clause (v), resided 

12 continuously and lawfully in the Common13 wealth from November 28, 2009, through 

14 June 25, 2019; 

15 ‘‘(iv) is not a citizen of the Republic 

16 of the Marshall Islands, the Federated 

17 States of Micronesia, or the Republic of 

18 Palau; and 

19 ‘‘(v) in addition— 

20 ‘‘(I) was born in the Northern 

21 Mariana Islands between January 1, 

22 1974, and January 9, 1978; 

23 ‘‘(II) was, on November 27, 

24 2009, a permanent resident of the 

25 Commonwealth (as defined in section 


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1 4303 of title 3 of the Northern Mar2 iana Islands Commonwealth Code, in 

3 effect on May 8, 2008); 

4 ‘‘(III) is the spouse or child (as 

5 defined in section 101(b)(1) of the 

6 Immigration and Nationality Act (8 

7 U.S.C. 1101(b)(1))) of a noncitizen 

8 described in subclause (I), (II), (V), 

9 (VI), or (VII); 

10 ‘‘(IV) was, on November 27, 

11 2011, a spouse, child, or parent of a 

12 United States citizen, notwithstanding 

13 the age of the United States citizen, 

14 and continues to have such family re15 lationship with the citizen on the date 

16 of the application described in sub17 paragraph (A); 

18 ‘‘(V) had a grant of parole under 

19 section 212(d)(5) of the Immigration 

20 and Nationality Act (8 U.S.C. 

21 1182(d)(5)) on December 31, 2018, 

22 under the former parole program for 

23 certain in-home caregivers adminis24 tered by United States Citizenship 

25 and Immigration Services; 


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1 ‘‘(VI) was admitted to the Com2 monwealth as a Commonwealth Only 

3 Transitional Worker during fiscal year 

4 2015, and during every subsequent 

5 fiscal year beginning before the date 

6 of enactment of the Northern Mariana 

7 Islands U.S. Workforce Act of 2018 

8 (Public Law 115–218; 132 Stat. 

9 1547); or 

10 ‘‘(VII) resided in the Northern 

11 Mariana Islands as an investor under 

12 Commonwealth immigration law, and 

13 is currently a resident classified as a 

14 CNMI-only nonimmigrant under sec15 tion 101(a)(15)(E)(ii) of the Immigra16 tion and Nationality Act (8 U.S.C. 

17 1101(a)(15)(E)(ii)). 

18 ‘‘(C) AUTHORITY OF ATTORNEY GEN19 ERAL.—Beginning on the first day of the 180- 

20 day period established by the Secretary of 

21 Homeland Security under subparagraph 

22 (A)(ii)(I), the Attorney General may accept and 

23 adjudicate an application for CNMI Resident 

24 status under this paragraph by a noncitizen 


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1 who is in removal proceedings before the Attor2 ney General if the noncitizen— 

3 ‘‘(i) makes an initial application to 

4 the Attorney General within such 180-day 

5 period; or 

6 ‘‘(ii) applied to the Secretary of 

7 Homeland Security during such 180-day 

8 period and before being placed in removal 

9 proceedings, and the Secretary denied the 

10 application. 

11 ‘‘(D) JUDICIAL REVIEW.—Notwithstanding 

12 any other law, no court shall have jurisdiction 

13 to review any decision of the Secretary of 

14 Homeland Security or the Attorney General on 

15 an application under this paragraph or any 

16 other action or determination of the Secretary 

17 of Homeland Security or the Attorney General 

18 to implement, administer, or enforce this para19 graph. 

20 ‘‘(E) PROCEDURE.—The requirements of 

21 chapter 5 of title 5 (commonly referred to as 

22 the Administrative Procedure Act), or any other 

23 law relating to rulemaking, information collec24 tion, or publication in the Federal Register 


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1 shall not apply to any action to implement, ad2 minister, or enforce this paragraph. 

3 ‘‘(F) ADJUSTMENT OF STATUS FOR CNMI

4 RESIDENTS.—A noncitizen with CNMI Resident 

5 status may adjust his or her status to that of 

6 a noncitizen lawfully admitted for permanent 

7 residence 5 years after the date of the enact8 ment of the U.S. Citizenship Act or 5 years 

9 after the date on which CNMI Resident status 

10 is granted, whichever is later. 

11 ‘‘(G) WAIVER OF APPLICATION DEAD12 LINE.—The Secretary of Homeland Security 

13 may, in the Secretary’s sole and unreviewable 

14 discretion, accept an application for CNMI 

15 Resident status submitted after the application 

16 deadline if— 

17 ‘‘(i) the applicant is eligible for CNMI 

18 Resident status; 

19 ‘‘(ii) the applicant timely submitted 

20 an application for CNMI Resident status 

21 and made a good faith effort to comply 

22 with the application requirements as deter23 mined by the Secretary; and 

24 ‘‘(iii) the application is received not 

25 later than 90 days after the expiration of 


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1 the application deadline or the date on 

2 which notice of rejection of the application 

3 is submitted, whichever is later.’’; 

4 (3) by striking ‘‘an alien’’ each place it appears 

5 and inserting ‘‘a noncitizen’’; 

6 (4) by striking ‘‘An alien’’ each place it appears 

7 and inserting ‘‘A noncitizen’’; 

8 (5) by striking ‘‘alien’’ each place it appears 

9 and inserting ‘‘noncitizen’’; 

10 (6) by striking ‘‘aliens’’ each place it appears 

11 and inserting ‘‘noncitizens’’; and 

12 (7) by striking ‘‘alien’s’’ each place it appears 

13 and inserting ‘‘noncitizen’s’’. 

14 SEC. 1208. GOVERNMENT CONTRACTING AND ACQUISITION 

15 OF REAL PROPERTY INTEREST. 

16 (a) EXEMPTION FROM GOVERNMENT CONTRACTING

17 AND HIRING RULES.— 

18 (1) IN GENERAL.—A determination by a Fed19 eral agency to use a procurement competition ex20 emption under section 3304(a) of title 41, United 

21 States Code, or to use the authority granted in para22 graph (2), for the purpose of implementing this title 

23 and the amendments made by this title is not sub24 ject to challenge by protest to the Government Ac25 countability Office under chapter 35 of title 31, 


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1 United States Code, or to the Court of Federal 

2 Claims, under section 1491 of title 28, United 

3 States Code. An agency shall immediately advise 

4 Congress of the exercise of the authority granted 

5 under this paragraph. 

6 (2) GOVERNMENT CONTRACTING EXEMPTION.— 

7 The competition requirement under section 3306 of 

8 title 41, United States Code, may be waived or 

9 modified by a Federal agency for any procurement 

10 conducted to implement this title or the amendments 

11 made by this title if the senior procurement execu12 tive for the agency conducting the procurement— 

13 (A) determines that the waiver or modi14 fication is necessary; and 

15 (B) submits an explanation for such deter16 mination to the Committee on Homeland Secu17 rity and Governmental Affairs of the Senate 

18 and the Committee on Homeland Security of 

19 the House of Representatives. 

20 (3) HIRING RULES EXEMPTION.— 

21 (A) IN GENERAL.—Notwithstanding any 

22 other provision of law, the Secretary is author23 ized to make term, temporary limited, and part24 time appointments of employees who will imple25 ment this title and the amendments made by 


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1 this title without regard to the number of such 

2 employees, their ratio to permanent full-time 

3 employees, and the duration of their employ4 ment. 

5 (B) SAVINGS PROVISION.—Nothing in 

6 chapter 71 of title 5, United States Code, shall 

7 affect the authority of any Department man8 agement official to hire term, temporary limited 

9 or part-time employees under this paragraph. 

10 (b) AUTHORITY TO ACQUIRE LEASEHOLDS.—Not11 withstanding any other provision of law, the Secretary 

12 may acquire a leasehold interest in real property, and may 

13 provide in a lease entered into under this subsection for 

14 the construction or modification of any facility on the 

15 leased property, if the Secretary determines that the ac16 quisition of such interest, and such construction or modi17 fication, are necessary in order to facilitate the implemen18 tation of this title and the amendments made by this title. 

19 SEC. 1209. CONFORMING AMENDMENTS TO THE SOCIAL SE20 CURITY ACT. 

21 (a) IN GENERAL.—Section 208(e)(1) of the Social 

22 Security Act (42 U.S.C. 408(e)(1)) is amended— 

23 (1) in subparagraph (B)(ii), by striking ‘‘, or’’ 

24 and inserting a semicolon at the end; 


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1 (2) in subparagraph (C), by striking the comma 

2 at the end and inserting a semicolon; 

3 (3) by inserting after subparagraph (C) the fol4 lowing: 

5 ‘‘(D) who is granted status as a lawful 

6 prospective immigrant under section 245B of 

7 the Immigration and Nationality Act; or 

8 ‘‘(E) whose status is adjusted to that of 

9 lawful permanent resident under section 245C, 

10 245D, 245E, or 245F of the Immigration and 

11 Nationality Act,’’; and 

12 (4) in the undesignated matter at the end, by 

13 inserting ‘‘, or in the case of a noncitizen described 

14 in subparagraph (D) or (E), if such conduct is al15 leged to have occurred before the date on which the 

16 noncitizen submitted an application under section 

17 245B, 245C, 245D, 245E, or 245F of such Act’’ be18 fore the period at the end. 

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

20 this section shall take effect on the first day of the tenth 

21 month beginning after the date of the enactment of this 

22 Act. 


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1 TITLE II—ADDRESSING THE 

2 ROOT CAUSES OF MIGRATION 

3 AND RESPONSIBLY MAN4 AGING THE SOUTHERN BOR5 DER 

6 SEC. 2001. DEFINITIONS. 

7 In this title: 

8 (1) BEST INTEREST DETERMINATION.—The 

9 term ‘‘best interest determination’’ means a formal 

10 process with procedural safeguards designed to give 

11 primary consideration to the child’s best interests in 

12 decision making. 

13 (2) INTERNALLY DISPLACED PERSONS.—The 

14 term ‘‘internally displaced persons’’ means persons 

15 or groups of persons who— 

16 (A) have been forced to leave their homes 

17 or places of habitual residence because of armed 

18 conflict, generalized violence, violations of 

19 human rights, or natural or human-made disas20 ters; and 

21 (B) have not crossed an internationally 

22 recognized border of a nation state. 

23 (3) INTERNATIONAL PROTECTION.—The term 

24 ‘‘international protection’’ means— 

25 (A) asylum status; 


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1 (B) refugee status; 

2 (C) protection under the Convention 

3 Against Torture and Other Cruel, Inhuman or 

4 Degrading Treatment or Punishment, done at 

5 New York December 10, 1984; and 

6 (D) any other regional protection status 

7 available in the Western Hemisphere. 

8 (4) LARGE-SCALE, NONINTRUSIVE INSPECTION

9 SYSTEM.—The term ‘‘large-scale, nonintrusive in10 spection system’’ means a technology, including x11 ray, gamma-ray, and passive imaging systems, capa12 ble of producing an image of the contents of a com13 mercial or passenger vehicle or freight rail car in 1 

14 pass of such vehicle or car. 

15 (5) PRE-PRIMARY.—The term ‘‘pre-primary’’ 

16 means deploying scanning technology before primary 

17 inspection booths at land border ports of entry in 

18 order to provide images of commercial or passenger 

19 vehicles or freight rail cars before they are presented 

20 for inspection. 

21 (6) SCANNING.—The term ‘‘scanning’’ means 

22 utilizing nonintrusive imaging equipment, radiation 

23 detection equipment, or both, to capture data, in24 cluding images of a commercial or passenger vehicle 

25 or freight rail car. 


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1 Subtitle A—Promoting the Rule of 

2 Law, Security, and Economic 

3 Development in Central Amer4 ica 

5 SEC. 2101. UNITED STATES STRATEGY FOR ENGAGEMENT 

6 IN CENTRAL AMERICA. 

7 (a) IN GENERAL.—The Secretary of State shall im8 plement a 4-year strategy, to be known as the ‘‘United 

9 States Strategy for Engagement in Central America’’ (re10 ferred to in this subtitle as the ‘‘Strategy’’)— 

11 (1) to advance reforms in Central America; and 

12 (2) to address the key factors contributing to 

13 the flight of families, unaccompanied noncitizen chil14 dren, and other individuals from Central America to 

15 the United States. 

16 (b) ELEMENTS.—The Strategy shall include efforts— 

17 (1) to strengthen democratic governance, ac18 countability, transparency, and the rule of law; 

19 (2) to combat corruption and impunity; 

20 (3) to improve access to justice; 

21 (4) to bolster the effectiveness and independ22 ence of judicial systems and public prosecutors’ of23 fices; 

24 (5) to improve the effectiveness of civilian police 

25 forces; 


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1 (6) to confront and counter the violence, extor2 tion, and other crimes perpetrated by armed crimi3 nal gangs, illicit trafficking organizations, and orga4 nized crime, while disrupting recruitment efforts by 

5 such organizations; 

6 (7) to disrupt money laundering and other illicit 

7 financial operations of criminal networks, armed 

8 gangs, illicit trafficking organizations, and human 

9 smuggling networks; 

10 (8) to promote greater respect for internation11 ally recognized human rights, labor rights, funda12 mental freedoms, and the media; 

13 (9) to protect the human rights of environ14 mental defenders, civil society activists, and journal15 ists; 

16 (10) to enhance accountability for government 

17 officials, including police and security force per18 sonnel, who are credibly alleged to have committed 

19 serious violations of human rights or other crimes; 

20 (11) to enhance the capability of governments 

21 in Central America to protect and provide for vul22 nerable and at-risk populations; 

23 (12) to address the underlying causes of pov24 erty and inequality and the constraints to inclusive 

25 economic growth in Central America; and 


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1 (13) to prevent and respond to endemic levels 

2 of sexual, gender-based, and domestic violence. 

3 (c) COORDINATION AND CONSULTATION.—In imple4 menting the Strategy, the Secretary of State shall— 

5 (1) coordinate with the Secretary of the Treas6 ury, the Secretary of Defense, the Secretary, the At7 torney General, the Administrator of the United 

8 States Agency for International Development, and 

9 the Chief Executive Officer of the United States De10 velopment Finance Corporation; and 

11 (2) consult with the Director of National Intel12 ligence, national and local civil society organizations 

13 in Central America and the United States, and the 

14 governments of Central America. 

15 (d) SUPPORT FOR CENTRAL AMERICAN EFFORTS.— 

16 To the degree feasible, the Strategy shall support or com17 plement efforts being carried out by the Governments of 

18 El Salvador, of Guatemala, and of Honduras, in coordina19 tion with bilateral and multilateral donors and partners, 

20 including the Inter-American Development Bank. 

21 SEC. 2102. SECURING SUPPORT OF INTERNATIONAL DO22 NORS AND PARTNERS. 

23 (a) PLAN.—The Secretary of State shall implement 

24 a 4-year plan— 


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1 (1) to secure support from international donors 

2 and regional partners to enhance the implementation 

3 of the Strategy; 

4 (2) to identify governments that are willing to 

5 provide financial and technical assistance for the im6 plementation of the Strategy and the specific assist7 ance that will be provided; and 

8 (3) to identify and describe the financial and 

9 technical assistance to be provided by multilateral 

10 institutions, including the Inter-American Develop11 ment Bank, the World Bank, the International Mon12 etary Fund, the Andean Development Corporation– 

13 Development Bank of Latin America, and the Orga14 nization of American States. 

15 (b) DIPLOMATIC ENGAGEMENT AND COORDINA16 TION.—The Secretary of State, in coordination with the 

17 Secretary of the Treasury, as appropriate, shall— 

18 (1) carry out diplomatic engagement to secure 

19 contributions of financial and technical assistance 

20 from international donors and partners in support of 

21 the Strategy; and 

22 (2) take all necessary steps to ensure effective 

23 cooperation among international donors and part24 ners supporting the Strategy. 


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1 SEC. 2103. COMBATING CORRUPTION, STRENGTHENING 

2 THE RULE OF LAW, AND CONSOLIDATING 

3 DEMOCRATIC GOVERNANCE. 

4 The Secretary of State and the Administrator of the 

5 United States Agency for International Development are 

6 authorized— 

7 (1) to combat corruption in Central America by 

8 supporting— 

9 (A) Inspectors General and oversight insti10 tutions, including— 

11 (i) support for multilateral support 

12 missions for key ministries, including min13 istries responsible for tax, customs, pro14 curement, and citizen security; and 

15 (ii) relevant training for inspectors 

16 and auditors; 

17 (B) multilateral support missions against 

18 corruption and impunity; 

19 (C) civil society organizations conducting 

20 oversight of executive and legislative branch of21 ficials and functions, police and security forces, 

22 and judicial officials and public prosecutors; 

23 and 

24 (D) the enhancement of freedom of infor25 mation mechanisms; 


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1 (2) to strengthen the rule of law in Central 

2 America by supporting— 

3 (A) Attorney General offices, public pros4 ecutors, and the judiciary, including enhancing 

5 investigative and forensics capabilities; 

6 (B) an independent, merit-based selection 

7 processes for judges and prosecutors, inde8 pendent internal controls, and relevant ethics 

9 and professional training, including training on 

10 sexual, gender-based, and domestic violence; 

11 (C) improved victim, witness, and whistle12 blower protection and access to justice; and 

13 (D) reforms to and the improvement of 

14 prison facilities and management; 

15 (3) to consolidate democratic governance in 

16 Central America by supporting— 

17 (A) reforms of civil services, related train18 ing programs, and relevant laws and processes 

19 that lead to independent, merit-based selection 

20 processes; 

21 (B) national legislatures and their capacity 

22 to conduct oversight of executive branch func23 tions; 


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1 (C) reforms to, and strengthening of, polit2 ical party and campaign finance laws and elec3 toral tribunals; 

4 (D) local governments and their capacity 

5 to provide critical safety, education, health, and 

6 sanitation services to citizens; and 

7 (4) to defend human rights by supporting— 

8 (A) human rights ombudsman offices; 

9 (B) government protection programs that 

10 provide physical protection and security to 

11 human rights defenders, journalists, trade 

12 unionists, whistleblowers, and civil society activ13 ists who are at risk; 

14 (C) civil society organizations that promote 

15 and defend human rights, freedom of expres16 sion, freedom of the press, labor rights, environ17 mental protection, and the rights of individuals 

18 with diverse sexual orientations or gender iden19 tities; and 

20 (D) civil society organizations that address 

21 sexual, gender-based, and domestic violence, 

22 and that protect victims of such violence. 


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1 SEC. 2104. COMBATING CRIMINAL VIOLENCE AND IMPROV2 ING CITIZEN SECURITY. 

3 The Secretary of State and the Administrator of the 

4 United States Agency for International Development are 

5 authorized— 

6 (1) to counter the violence and crime per7 petrated by armed criminal gangs, illicit trafficking 

8 organizations, and human smuggling networks in 

9 Central America by providing assistance to civilian 

10 law enforcement, including support for— 

11 (A) the execution and management of com12 plex, multi-actor criminal cases; 

13 (B) the enhancement of intelligence collec14 tion capacity, and training on civilian intel15 ligence collection (including safeguards for pri16 vacy and basic civil liberties), investigative tech17 niques, forensic analysis, and evidence preserva18 tion; 

19 (C) community policing policies and pro20 grams; 

21 (D) the enhancement of capacity to iden22 tify, investigate, and prosecute crimes involving 

23 sexual, gender-based, and domestic violence; 

24 and 

25 (E) port, airport, and border security offi26 cials, agencies and systems, including— 


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1 (i) the professionalization of immigra2 tion personnel; 

3 (ii) improvements to computer infra4 structure and data management systems, 

5 secure communications technologies, non6 intrusive inspection equipment, and radar 

7 and aerial surveillance equipment; and 

8 (iii) assistance to canine units; 

9 (2) to disrupt illicit financial networks in Cen10 tral America, including by supporting— 

11 (A) finance ministries, including the impo12 sition of financial sanctions to block the assets 

13 of individuals and organizations involved in 

14 money laundering or the financing of armed 

15 criminal gangs, illicit trafficking networks, 

16 human smuggling networks, or organized crime; 

17 (B) financial intelligence units, including 

18 the establishment and enhancement of anti19 money laundering programs; and 

20 (C) the reform of bank secrecy laws; 

21 (3) to assist in the professionalization of civilian 

22 police forces in Central America by supporting— 

23 (A) reforms with respect to personnel re24 cruitment, vetting, and dismissal processes, inVerDate Sep 11 2014 21:22 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\S348.IS S348

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1 cluding the enhancement of polygraph capa2 bility for use in such processes; 

3 (B) Inspectors General and oversight of4 fices, including relevant training for inspectors 

5 and auditors, and independent oversight mecha6 nisms, as appropriate; and 

7 (C) training and the development of proto8 cols regarding the appropriate use of force and 

9 human rights; 

10 (4) to improve crime prevention and to reduce 

11 violence, extortion, child recruitment into gangs, and 

12 sexual slavery by supporting— 

13 (A) the improvement of child protection 

14 systems; 

15 (B) the enhancement of programs for at16 risk youth, including the improvement of com17 munity centers and programs aimed at success18 fully reinserting former gang members; 

19 (C) livelihood programming that provides 

20 youth and other at-risk individuals with legal 

21 and sustainable alternatives to gang member22 ship; 

23 (D) safe shelter and humanitarian re24 sponses for victims of crime and internal dis25 placement; and 


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1 (E) programs to receive and effectively re2 integrate repatriated migrants in El Salvador, 

3 Guatemala, and Honduras. 

4 SEC. 2105. COMBATING SEXUAL, GENDER-BASED, AND DO5 MESTIC VIOLENCE. 

6 The Secretary of State and the Administrator of the 

7 United States Agency for International Development are 

8 authorized to counter sexual, gender-based, and domestic 

9 violence in Central American countries by— 

10 (1) broadening engagement among national and 

11 local institutions to address sexual, gender-based, 

12 and domestic violence; 

13 (2) supporting educational initiatives to reduce 

14 sexual, gender-based, and domestic violence; 

15 (3) supporting outreach efforts tailored to meet 

16 the needs of women, girls, individuals of diverse sex17 ual orientations or gender identities, and other vul18 nerable individuals at risk of violence and exploi19 tation; 

20 (4) formalizing standards of care and confiden21 tiality at police, health facilities, and other govern22 ment facilities; and 

23 (5) establishing accountability mechanisms for 

24 perpetrators of violence. 


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1 SEC. 2106. TACKLING EXTREME POVERTY AND ADVANCING 

2 ECONOMIC DEVELOPMENT. 

3 The Secretary of State and the Administrator of the 

4 United States Agency for International Development are 

5 authorized to tackle extreme poverty and the underlying 

6 causes of poverty in Central American countries by— 

7 (1) strengthening human capital by sup8 porting— 

9 (A) workforce development and entrepre10 neurship training programs that are driven by 

11 market demand, including programs that 

12 prioritize women, at-risk youth, and indigenous 

13 communities; 

14 (B) improving early-grade literacy, and 

15 primary and secondary school curricula; 

16 (C) relevant professional training for 

17 teachers and educational administrators; 

18 (D) educational policy reform and improve19 ment of education sector budgeting; and 

20 (E) establishment and expansion of safe 

21 schools and related facilities for children; 

22 (2) enhancing economic competitiveness and in23 vestment climate by supporting— 

24 (A) small business development centers 

25 and programs that strengthen supply chain in26 tegration; 


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1 (B) the improvement of protections for in2 vestors, including dispute resolution and arbi3 tration mechanisms; 

4 (C) trade facilitation and customs harmo5 nization programs; and 

6 (D) reducing energy costs through invest7 ments in clean technologies and the reform of 

8 energy policies and regulations; 

9 (3) strengthening food security by supporting— 

10 (A) small and medium-scale sustainable 

11 agriculture, including by providing technical 

12 training, improving access to credit, and pro13 moting policies and programs that incentivize 

14 government agencies and private institutions to 

15 buy from local producers; 

16 (B) agricultural value chain development 

17 for farming communities; 

18 (C) nutrition programs to reduce childhood 

19 malnutrition and stunting rates; and 

20 (D) mitigation, adaptation, and recovery 

21 programs in response to natural disasters and 

22 other external shocks; and 

23 (4) improving fiscal and financial affairs by 

24 supporting— 


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1 (A) domestic revenue generation, including 

2 programs to improve tax administration, collec3 tion, and enforcement; 

4 (B) strengthening public sector financial 

5 management, including strategic budgeting and 

6 expenditure tracking; and 

7 (C) reform of customs and procurement 

8 policies and processes. 

9 SEC. 2107. AUTHORIZATION OF APPROPRIATIONS FOR 

10 UNITED STATES STRATEGY FOR ENGAGE11 MENT IN CENTRAL AMERICA. 

12 (a) IN GENERAL.—There are authorized to be appro13 priated $1,000,000,000 for each of the fiscal years 2022 

14 through 2025 to carry out the Strategy. 

15 (b) PORTION OF FUNDING AVAILABLE WITHOUT

16 CONDITION.—The Secretary of State or the Administrator 

17 of the United States Agency for International Develop18 ment, as appropriate, may obligate up to 50 percent of 

19 the amounts appropriated in each fiscal year pursuant to 

20 subsection (a) to carry out the Strategy on the first day 

21 of the fiscal year for which they are appropriated. 

22 (c) PORTION OF FUNDING AVAILABLE AFTER

23 PROGRESS ON SPECIFIC ISSUES.— 

24 (1) EFFECTIVE IMPLEMENTATION.—The re25 maining 50 percent of the amounts appropriated 


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1 pursuant to subsection (a) (after the obligations au2 thorized under subsection (b)) may only be made 

3 available for assistance to the Government of El Sal4 vador, of Guatemala, or of Honduras after the Sec5 retary of State consults with, and subsequently cer6 tifies and reports to, the Committee on Foreign Re7 lations of the Senate, the Committee on Appropria8 tions of the Senate, the Committee on Foreign Af9 fairs of the House of Representatives, and the Com10 mittee on Appropriations of the House of Represent11 atives that the respective government is taking effec12 tive steps (in addition to steps taken during the pre13 vious calendar year)— 

14 (A) to combat corruption and impunity, in15 cluding investigating and prosecuting govern16 ment officials, military personnel, and civilian 

17 police officers credibly alleged to be corrupt; 

18 (B) to implement reforms, policies, and 

19 programs to strengthen the rule of law, includ20 ing increasing the transparency of public insti21 tutions and the independence of the judiciary 

22 and electoral institutions; 

23 (C) to protect the rights of civil society, 

24 opposition political parties, trade unionists, 


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1 human rights defenders, and the independence 

2 of the media; 

3 (D) to provide effective and accountable ci4 vilian law enforcement and security for its citi5 zens, and curtailing the role of the military in 

6 internal policing; 

7 (E) to implement policies to reduce poverty 

8 and promote equitable economic growth and op9 portunity; 

10 (F) to increase government revenues, in11 cluding by enhancing tax collection, strength12 ening customs agencies, and reforming procure13 ment processes; 

14 (G) to improve border security and coun15 tering human smuggling, criminal gangs, drug 

16 traffickers, and transnational criminal organiza17 tions; 

18 (H) to counter and prevent sexual and 

19 gender-based violence; 

20 (I) to inform its citizens of the dangers of 

21 the journey to the southwest border of the 

22 United States; 

23 (J) to resolve disputes involving the confis24 cation of real property of United States entities; 

25 and 


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1 (K) to implement reforms to strengthen 

2 educational systems, vocational training pro3 grams, and programs for at-risk youth. 

4 Subtitle B—Addressing Migration 

5 Needs by Strengthening Re6 gional Humanitarian Responses 

7 for Refugees and Asylum Seek8 ers in the Western Hemisphere 

9 and Strengthening Repatriation 

10 Initiatives 

11 SEC. 2201. EXPANDING REFUGEE AND ASYLUM PROC12 ESSING IN THE WESTERN HEMISPHERE. 

13 (a) REFUGEE PROCESSING.—The Secretary of State, 

14 in coordination with the Secretary, shall work with inter15 national partners, including the United Nations High 

16 Commissioner for Refugees and international nongovern17 mental organizations, to support and strengthen the do18 mestic capacity of countries in the Western Hemisphere 

19 to process and accept refugees for resettlement and adju20 dicate asylum claims by— 

21 (1) providing support and technical assistance 

22 to expand and improve the capacity to identify, proc23 ess, and adjudicate refugee claims, adjudicate appli24 cations for asylum, or otherwise accept refugees re25 ferred for resettlement by the United Nations High 


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1 Commissioner for Refugees or host nations, includ2 ing by increasing the number of refugee and asylum 

3 officers who are trained in the relevant legal stand4 ards for adjudicating claims for protection; 

5 (2) establishing and expanding safe and secure 

6 locations to facilitate the safe and orderly movement 

7 of individuals and families seeking international pro8 tection; 

9 (3) improving national refugee and asylum reg10 istration systems to ensure that any person seeking 

11 refugee status, asylum, or other humanitarian pro12 tections— 

13 (A) receives due process and meaningful 

14 access to existing humanitarian protections; 

15 (B) is provided with adequate information 

16 about his or her rights, including the right to 

17 seek protection; 

18 (C) is properly screened for security, in19 cluding biographic and biometric capture; and 

20 (D) receives appropriate documents to pre21 vent fraud and ensure freedom of movement 

22 and access to basic social services; and 

23 (4) developing the capacity to conduct best in24 terest determinations for unaccompanied children 

25 with international protection needs to ensure that 


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1 such children are properly registered and that their 

2 claims are appropriately considered. 

3 (b) DIPLOMATIC ENGAGEMENT AND COORDINA4 TION.—The Secretary of State, in coordination with the 

5 Secretary, as appropriate, shall— 

6 (1) carry out diplomatic engagement to secure 

7 commitments from governments to resettle refugees 

8 from Central America; and 

9 (2) take all necessary steps to ensure effective 

10 cooperation among governments resettling refugees 

11 from Central America. 

12 SEC. 2202. FURTHER STRENGTHENING REGIONAL HUMANI13 TARIAN RESPONSES IN THE WESTERN HEMI14 SPHERE. 

15 The Secretary of State, in coordination with inter16 national partners, including the United Nations High 

17 Commissioner for Refugees, shall support and coordinate 

18 with the government of each country hosting a significant 

19 population of refugees and asylum seekers from El Sal20 vador, Guatemala, and Honduras— 

21 (1) to establish and expand temporary shelter 

22 and shelter network capacity to meet the immediate 

23 protection and humanitarian needs of refugees and 

24 asylum seekers, including shelters for families, 


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1 women, unaccompanied children, and other vulner2 able populations; 

3 (2) to deliver gender-, trauma-, and age-sen4 sitive humanitarian assistance to refugees and asy5 lum seekers, including access to accurate informa6 tion, legal representation, education, livelihood op7 portunities, cash assistance, and health care; 

8 (3) to establish and expand sexual, gender9 based, and domestic violence prevention, recovery, 

10 and humanitarian programming; 

11 (4) to fund national- and community-led hu12 manitarian organizations in humanitarian response; 

13 (5) to support local integration initiatives to 

14 help refugees and asylum seekers rebuild their lives 

15 and contribute in a meaningful way to the local 

16 economy in their host country; and 

17 (6) to support technical assistance for refugee 

18 relocation and resettlement. 

19 SEC. 2203. INFORMATION CAMPAIGN ON DANGERS OF IR20 REGULAR MIGRATION. 

21 (a) IN GENERAL.—The Secretary of State, in coordi22 nation with the Secretary, shall design and implement 

23 public information campaigns in El Salvador, Guatemala, 

24 Honduras, and other appropriate Central American coun25 tries— 


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1 (1) to disseminate information about the poten2 tial dangers of travel to the United States; 

3 (2) to provide accurate information about 

4 United States immigration law and policy; and 

5 (3) to provide accurate information about the 

6 availability of asylum, other humanitarian protec7 tions in countries in the Western Hemisphere, and 

8 other legal means for migration. 

9 (b) ELEMENTS.—The information campaigns imple10 mented pursuant to subsection (a), to the greatest extent 

11 possible— 

12 (1) shall be targeted at regions with high levels 

13 of outbound migration or significant populations of 

14 internally displaced persons; 

15 (2) shall be conducted in local languages; 

16 (3) shall employ a variety of communications 

17 media, including social media; and 

18 (4) shall be developed in coordination with pro19 gram officials at the Department of Homeland Secu20 rity, the Department of State, and other govern21 ment, nonprofit, or academic entities in close contact 

22 with migrant populations from El Salvador, Guate23 mala, and Honduras, including repatriated migrants. 


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1 SEC. 2204. IDENTIFICATION, SCREENING, AND PROCESSING 

2 OF REFUGEES AND OTHER INDIVIDUALS ELI3 GIBLE FOR LAWFUL ADMISSION TO THE 

4 UNITED STATES. 

5 (a) DESIGNATED PROCESSING CENTERS.— 

6 (1) IN GENERAL.—The Secretary of State, in 

7 coordination with the Secretary, shall establish des8 ignated processing centers for the registration, 

9 screening, and processing of refugees and other eligi10 ble individuals, and the resettlement or relocation of 

11 these individuals to the United States or other coun12 tries. 

13 (2) LOCATIONS.—Not fewer than 1 designated 

14 processing centers shall be established in a safe and 

15 secure location identified by the United States and 

16 the host government in— 

17 (A) El Salvador; 

18 (B) Guatemala; 

19 (C) Honduras; and 

20 (D) any other Central American country 

21 that the Secretary of State considers appro22 priate to accept and process requests and appli23 cations under this subtitle. 

24 (b) PERSONNEL.— 

25 (1) REFUGEE OFFICERS AND RELATED PER26 SONNEL.—The Secretary shall ensure that sufficient 


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1 numbers of refugee officers and other personnel are 

2 assigned to each designated processing center to ful3 fill the requirements under this subtitle. 

4 (2) SUPPORT PERSONNEL.—The Secretary and 

5 the Attorney General shall hire and assign sufficient 

6 personnel to ensure, absent exceptional cir7 cumstances, that all security and law enforcement 

8 background checks required under this subtitle and 

9 family verification checks carried out by the Refugee 

10 Access Verification Unit are completed within 180 

11 days. 

12 (c) OPERATIONS.— 

13 (1) IN GENERAL.—Absent extraordinary cir14 cumstances, each designated processing center shall 

15 commence operations as expeditiously as possible. 

16 (2) PRODUCTIVITY AND QUALITY CONTROL.— 

17 The Secretary of State, in coordination with the Sec18 retary, shall monitor the activities of each des19 ignated processing center and establish metrics and 

20 criteria for evaluating the productivity and quality 

21 control of each designated processing center. 

22 SEC. 2205. REGISTRATION AND INTAKE. 

23 (a) REGISTRATION.—Each designated processing 

24 center shall receive and register individuals seeking to 

25 apply for benefits under this subtitle who meet criteria 


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1 specified by the Secretary of State, in coordination with 

2 the Secretary. 

3 (b) INTAKE.—The designated processing center shall 

4 assess registered individuals to determine the benefits for 

5 which they may be eligible, including— 

6 (1) refugee resettlement pursuant to the Cen7 tral American Refugee Program described in section 

8 2206; 

9 (2) the Central American Minors Program de10 scribed in section 2207; and 

11 (3) the Central American Family Reunification 

12 Parole Program described in section 2208. 

13 (c) EXPEDITED PROCESSING.—The Secretary of 

14 State shall provide expedited processing of applications 

15 and requests under this subtitle in emergency situations, 

16 for humanitarian reasons, or if the Secretary of State oth17 erwise determines that circumstances warrant expedited 

18 treatment. 

19 SEC. 2206. CENTRAL AMERICAN REFUGEE PROGRAM. 

20 (a) PROCESSING AT DESIGNATED PROCESSING CEN21 TERS.— 

22 (1) IN GENERAL.—Any individual who registers 

23 at a designated processing center, expresses a fear 

24 of persecution or an intention to apply for refugee 

25 status, and who is a national of El Salvador, of 


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1 Honduras, of Guatemala, or of any other Central 

2 American country whose nationals the Secretary of 

3 State has determined are eligible for refugee status 

4 under this section may apply for refugee resettle5 ment under this section. Upon filing of a completed 

6 application, the applicant may be referred to a ref7 ugee officer for further processing in accordance 

8 with this section. 

9 (2) SUBMISSION OF BIOGRAPHIC AND BIOMET10 RIC DATA.—An applicant described in paragraph (1) 

11 shall submit biographic and biometric data in ac12 cordance with procedures established by the Sec13 retary of State, in coordination with the Secretary. 

14 An alternative procedure shall be provided for appli15 cants who are unable to provide all required bio16 graphic and biometric data because of a physical or 

17 mental impairment. 

18 (3) BACKGROUND CHECKS.—The Secretary of 

19 State shall utilize biometric, biographic, and other 

20 appropriate data to conduct security and law en21 forcement background checks of applicants to deter22 mine whether there is any criminal, national secu23 rity, or other ground that would render the applicant 

24 ineligible for admission as a refugee under section 


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1 207 of the Immigration and Nationality Act (8 

2 U.S.C. 1157). 

3 (4) ORIENTATION.—The Secretary of State 

4 shall provide prospective applicants for refugee re5 settlement with information on applicable require6 ments and legal standards. All orientation materials, 

7 including application forms and instructions, shall be 

8 provided in English and Spanish. 

9 (5) INTERNATIONAL ORGANIZATIONS.—The 

10 Secretary of State, in consultation with the Sec11 retary, shall enter into agreements with international 

12 organizations, including the United Nations High 

13 Commissioner for Refugees, to facilitate the proc14 essing and preparation of case files for applicants 

15 under this section. 

16 (b) OPTIONAL REFERRAL TO OTHER COUNTRIES.— 

17 (1) IN GENERAL.—An applicant for refugee re18 settlement under this section may be referred to an19 other country for the processing of the applicant’s 

20 refugee claim if another country agrees to promptly 

21 process the applicant’s refugee claim in accordance 

22 with the terms and procedures of a bilateral agree23 ment described in paragraph (2). 

24 (2) BILATERAL AGREEMENTS FOR REFERRAL

25 OF REFUGEES.— 


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1 (A) IN GENERAL.—The Secretary of State, 

2 in consultation with the Secretary, may enter 

3 into bilateral agreements with other countries 

4 for the referral, processing, and resettlement of 

5 individuals who register at a designated proc6 essing center and seek to apply for refugee re7 settlement under this section. Such agreements 

8 shall be limited to countries with the dem9 onstrated capacity to accept and adjudicate ap10 plications for refugee status and other forms of 

11 international protection, and to resettle refugees 

12 consistent with obligations under the Conven13 tion Relating to the Status of Refugees, done at 

14 Geneva July 28, 1951 and made applicable by 

15 the Protocol Relating to the Status of Refugees, 

16 done at New York January 31, 1967 (19 UST 

17 6223). 

18 (B) INTERNATIONAL ORGANIZATIONS.— 

19 The Secretary of State, in consultation with the 

20 Secretary, may enter into agreements with 

21 international organizations, including the 

22 United Nations High Commissioner for Refu23 gees, to facilitate the referral, processing, and 

24 resettlement of individuals described in sub25 paragraph (A). 


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1 (c) EMERGENCY RELOCATION COORDINATION.—The 

2 Secretary of State, in coordination with the Secretary, 

3 may enter into bilateral or multilateral agreements with 

4 other countries in the Western Hemisphere to establish 

5 safe and secure emergency transit centers for individuals 

6 who register at a designated processing center, are deemed 

7 to face an imminent risk of harm, and require temporary 

8 placement in a safe location pending a final decision on 

9 an application under this section. Such agreements may 

10 be developed in consultation with the United Nations High 

11 Commissioner for Refugees and shall conform to inter12 national humanitarian standards. 

13 (d) EXPANSION OF REFUGEE CORPS.—Subject to the 

14 availability of amounts provided in advance in appropria15 tion Acts, the Secretary shall appoint additional refugee 

16 officers as may be necessary to carry out this section. 

17 SEC. 2207. CENTRAL AMERICAN MINORS PROGRAM. 

18 (a) ELIGIBILITY.— 

19 (1) PETITION.—If an assessment under section 

20 2205(b) results in a determination that a noncitizen 

21 is eligible for special immigrant status in accordance 

22 with this subsection— 

23 (A) the designated processing center that 

24 conducted such assessment may accept a peti25 tion for such status filed by the noncitizen, or 


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1 on behalf of the noncitizen by a parent or legal 

2 guardian; and 

3 (B) subject to subsection (d), and notwith4 standing any other provision of law, the Sec5 retary may provide such noncitizen with status 

6 as a special immigrant under section 

7 101(a)(27) of the Immigration and Nationality 

8 Act (8 U.S.C. 1101(a)(27)). 

9 (2) CRITERIA.—A noncitizen shall be eligible 

10 under this subsection if he or she— 

11 (A) is a national of El Salvador, of Hon12 duras, of Guatemala, or of any other Central 

13 American country whose nationals the Secretary 

14 has determined are eligible for special immi15 grant status under this section; 

16 (B) is a child (as defined in section 

17 101(b)(1) of the Immigration and Nationality 

18 Act (8 U.S.C. 1101(b)(1))) of an individual who 

19 is lawfully present in the United States; and 

20 (C) is otherwise admissible to the United 

21 States (excluding the grounds of inadmissibility 

22 specified in section 212(a)(4) of the Immigra23 tion and Nationality Act (8 U.S.C. 

24 1182(a)(4))). 


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1 (b) MINOR CHILDREN.—Any child (as defined in sec2 tion 101(b)(1) of the Immigration and Nationality Act (8 

3 U.S.C. 1101(b)(1))) of a noncitizen described in sub4 section (a) is entitled to special immigrant status if accom5 panying or following to join such noncitizen. 

6 (c) EXCLUSION FROM NUMERICAL LIMITATIONS.— 

7 Noncitizens provided special immigrant status under this 

8 section shall not be counted against any numerical limita9 tion under the Immigration and Nationality Act (8 U.S.C. 

10 1101 et seq.). 

11 (d) APPLICANTS UNDER PRIOR CENTRAL AMERICAN

12 MINORS REFUGEE PROGRAM.— 

13 (1) IN GENERAL.—The Secretary shall deem an 

14 application filed under the Central American Minors 

15 Refugee Program, established on December 1, 2014, 

16 and terminated on August 16, 2017, which was not 

17 the subject of a final disposition before January 31, 

18 2018, to be a petition filed under this section. 

19 (2) FINAL DETERMINATION.—Absent excep20 tional circumstances, the Secretary shall make a 

21 final determination on applications described in 

22 paragraph (1) not later than 180 days after the date 

23 of the enactment of this Act. 

24 (3) NOTICE.—The Secretary shall— 


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1 (A) promptly notify all relevant parties of 

2 the conversion of an application described in 

3 paragraph (1) into a special immigrant petition; 

4 and 

5 (B) provide instructions for withdrawal of 

6 the petition if the noncitizen does not want to 

7 proceed with the requested relief. 

8 (e) BIOMETRICS AND BACKGROUND CHECKS.— 

9 (1) SUBMISSION OF BIOMETRIC AND BIO10 GRAPHIC DATA.—Petitioners for special immigrant 

11 status under this section shall submit biometric and 

12 biographic data in accordance with procedures estab13 lished by the Secretary. An alternative procedure 

14 shall be provided for applicants who are unable to 

15 provide all required biometric data because of a 

16 physical or mental impairment. 

17 (2) BACKGROUND CHECKS.—The Secretary 

18 shall utilize biometric, biographic, and other appro19 priate data to conduct security and law enforcement 

20 background checks of petitioners to determine 

21 whether there is any criminal, national security, or 

22 other ground that would render the applicant ineli23 gible for special immigrant status under this section. 

24 (3) COMPLETION OF BACKGROUND CHECKS.— 

25 The security and law enforcement background 


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1 checks required under paragraph (2) shall be com2 pleted, to the satisfaction of the Secretary, before 

3 the date on which a petition for special immigrant 

4 status under this section may be approved. 

5 SEC. 2208. CENTRAL AMERICAN FAMILY REUNIFICATION 

6 PAROLE PROGRAM. 

7 (a) ELIGIBILITY.— 

8 (1) APPLICATION.—If an assessment under sec9 tion 2205(b) results in a determination that a non10 citizen is eligible for parole in accordance with this 

11 section— 

12 (A) the designated processing center may 

13 accept a completed application for parole filed 

14 by the noncitizen, or on behalf of the noncitizen 

15 by a parent or legal guardian; and 

16 (B) the Secretary may grant parole under 

17 section 212(d)(5) of the Immigration and Na18 tionality Act (8 U.S.C. 1182(d)(5)) to such 

19 noncitizen. 

20 (2) CRITERIA.—A noncitizen shall be eligible 

21 for parole under this section if he or she— 

22 (A) is a national of El Salvador, of Guate23 mala, of Honduras, or of any other Central 

24 American country whose nationals the Secretary 


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1 has determined are eligible for parole under this 

2 section; 

3 (B) is the beneficiary of an approved immi4 grant visa petition under section 203(a) of the 

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

6 1153(a)); and 

7 (C) an immigrant visa is not immediately 

8 available for the noncitizen, but is expected to 

9 be available within a period designated by the 

10 Secretary. 

11 (b) BIOMETRICS AND BACKGROUND CHECKS.— 

12 (1) SUBMISSION OF BIOMETRIC AND BIO13 GRAPHIC DATA.—Applicants for parole under this 

14 section shall be required to submit biometric and 

15 biographic data in accordance with procedures estab16 lished by the Secretary. An alternative procedure 

17 shall be provided for applicants who are unable to 

18 provide all required biometric data because of a 

19 physical or mental impairment. 

20 (2) BACKGROUND CHECKS.—The Secretary 

21 shall utilize biometric, biographic, and other appro22 priate data to conduct security and law enforcement 

23 background checks of applicants to determine wheth24 er there is any criminal, national security, or other 


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1 ground that would render the applicant ineligible for 

2 parole under this section. 

3 (3) COMPLETION OF BACKGROUND CHECKS.— 

4 The security and law enforcement background 

5 checks required under paragraph (2) shall be com6 pleted to the satisfaction of the Secretary before the 

7 date on which an application for parole may be ap8 proved. 

9 SEC. 2209. INFORMATIONAL CAMPAIGN; CASE STATUS HOT10 LINE. 

11 (a) INFORMATIONAL CAMPAIGN.—The Secretary 

12 shall implement an informational campaign, in English 

13 and Spanish, in the United States, El Salvador, Guate14 mala, Honduras, and other appropriate Central American 

15 countries to increase awareness of the programs author16 ized under this subtitle. 

17 (b) CASE STATUS HOTLINE.—The Secretary shall es18 tablish a case status hotline to provide confidential proc19 essing information on pending cases. 


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1 Subtitle C—Managing the Border 

2 and Protecting Border Commu3 nities 

4 SEC. 2301. EXPEDITING LEGITIMATE TRADE AND TRAVEL 

5 AT PORTS OF ENTRY. 

6 (a) TECHNOLOGY DEPLOYMENT PLAN.—The Sec7 retary is authorized to develop and implement a plan to 

8 deploy technology— 

9 (1) to expedite the screening of legitimate trade 

10 and travel; and 

11 (2) to enhance the ability to identify narcotics 

12 and other contraband, at every land, air, and sea 

13 port of entry. 

14 (b) ELEMENTS.—The technology deployment plan 

15 developed pursuant to subsection (a) shall include— 

16 (1) the specific steps that will be taken to in17 crease the rate of high-throughput scanning of com18 mercial and passenger vehicles and freight rail traf19 fic entering the United States at land ports of entry 

20 and rail-border crossings along the border using 

21 large-scale, nonintrusive inspection systems or simi22 lar technology before primary inspections booths to 

23 enhance border security; 

24 (2) a comprehensive description of the tech25 nologies and improvements needed to facilitate legal 


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1 travel and trade, reduce wait times, and better iden2 tify contraband at land and rail ports of entry, in3 cluding— 

4 (A) the specific steps the Secretary will 

5 take to ensure, to the greatest extent prac6 ticable, that high-throughput scanning tech7 nologies are deployed within 5 years at all land 

8 border ports of entry to ensure that all commer9 cial and passenger vehicles and freight rail traf10 fic entering the United States at land ports of 

11 entry and rail-border crossings along the border 

12 undergo pre-primary scanning; and 

13 (B) the specific steps the Secretary will 

14 take to increase the amount of cargo that is 

15 subject to nonintrusive inspections systems at 

16 all ports of entry; 

17 (3) a comprehensive description of the tech18 nologies and improvements needed to enhance trav19 eler experience, reduce inspection and wait times, 

20 and better identify potential criminals and terrorists 

21 at air ports of entry; 

22 (4) a comprehensive description of the tech23 nologies and improvements needed— 

24 (A) to enhance the security of maritime 

25 trade; 


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1 (B) to increase the percent of shipping 

2 containers that are scanned; and 

3 (C) to enhance the speed and quality of in4 spections without adversely impacting trade 

5 flows; 

6 (5) any projected impacts identified by the 

7 Commissioner of U.S. Customs and Border Protec8 tion regarding— 

9 (A) the number of commercial and pas10 senger vehicles and freight rail traffic entering 

11 at land ports of entry and rail-border crossings; 

12 (B) where such systems are in use; and 

13 (C) the average wait times at peak and 

14 non-peak travel times, by lane type (if applica15 ble), as scanning rates are increased; 

16 (6) any projected impacts, as identified by the 

17 Commissioner of U.S. Customs and Border Protec18 tion, regarding border security operations at ports of 

19 entry as a result of implementation actions, includ20 ing any required changes to the number of U.S. 

21 Customs and Border Protection officers or their du22 ties and assignments; 

23 (7) any projected impact on— 


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1 (A) the ability of regular border crossers 

2 and border community residents to cross the 

3 border efficiently; and 

4 (B) the privacy and civil liberties of border 

5 community residents (as identified by medical 

6 professionals), border community stakeholders 

7 (including elected officials, educators, and busi8 ness leaders), and civil rights experts; 

9 (8) detailed performance measures and bench10 marks that can be used to evaluate how effective 

11 these technologies are in helping to expedite legal 

12 trade and travel while enhancing security at ports of 

13 entry; and 

14 (9) the estimated costs and an acquisition plan 

15 for implementing the steps identified in the plan, in16 cluding— 

17 (A) achieving pre-primary, high-through18 put scanning at all feasible land and rail ports 

19 of entry within the timeframes specified in 

20 paragraph (1); 

21 (B) reducing passenger and pedestrian 

22 wait times; 

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1 spection systems and other technologies identi2 fied in the plan; and 

3 (D) associated costs for any necessary in4 frastructure enhancements or configuration 

5 changes at each port of entry. 

6 (c) SMALL BUSINESS OPPORTUNITIES.—The acquisi7 tion plan required under subsection (b)(9) shall promote, 

8 to the extent practicable, opportunities for entities that 

9 qualify as small business concerns (as defined under sec10 tion 3(a) of the Small Business Act (15 U.S.C. 632(a))). 

11 (d) MODERNIZATION OF PORT OF ENTRY INFRA12 STRUCTURE.—The Secretary is authorized to develop and 

13 implement a plan that— 

14 (1) identifies infrastructure improvements at 

15 ports of entry that would— 

16 (A) enhance the ability to process asylum 

17 seekers; 

18 (B) facilitate daily pedestrian and vehic19 ular trade and traffic; and 

20 (C) detect, interdict, disrupt, and prevent 

21 fentanyl, other synthetic opioids, and other nar22 cotics and psychoactive substances and associ23 ated contraband from entering the United 

24 States; 


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1 (2) describes circumstances in which effective 

2 technology in use at certain ports of entry smart 

3 cannot be implemented at other ports of entry, in4 cluding— 

5 (A) infrastructure constraints that would 

6 impact the ability to deploy detection equipment 

7 to improve the ability of such officers to iden8 tify such drugs and other dangers that are 

9 being illegally transported into the United 

10 States; and 

11 (B) mitigation measures that could be im12 plemented at these ports of entry; and 

13 (3) includes other improvements to infrastruc14 ture and safety equipment that are needed to protect 

15 officers from inclement weather, surveillance by 

16 smugglers, and accidental exposure to narcotics or 

17 other dangers associated with the inspection of po18 tential drug traffickers. 

19 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated such funds as may be 

21 necessary to implement the plans required under this sec22 tion. 


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1 SEC. 2302. DEPLOYING SMART TECHNOLOGY AT THE 

2 SOUTHERN BORDER. 

3 (a) IN GENERAL.—The Secretary is authorized to de4 velop and implement a strategy to manage and secure the 

5 southern border of the United States by deploying smart 

6 technology— 

7 (1) to enhance situational awareness along the 

8 border; and 

9 (2) to counter transnational criminal networks. 

10 (b) CONTENTS.—The smart technology strategy de11 scribed in subsection (a) shall include— 

12 (1) a comprehensive assessment of the physical 

13 barriers, levees, technologies, tools, and other devices 

14 that are currently in use along the southern border 

15 of the United States; 

16 (2) the deployment of technology between ports 

17 of entry that focuses on flexible solutions that can 

18 expand the ability to detect illicit activity, evaluate 

19 the effectiveness of border security operations, and 

20 be easily relocated, broken out by U.S. Border Pa21 trol sector; 

22 (3) the specific steps that may be taken in each 

23 U.S. Border Patrol sector during the next 5 years 

24 to identify technology systems and tools that can 

25 help provide situational awareness of the southern 

26 border; 


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1 (4) an explanation for why each technology, 

2 tool, or other device was recommended to achieve 

3 and maintain situational awareness of the southern 

4 border, including— 

5 (A) the methodology used to determine 

6 which type of technology, tool, or other device 

7 was recommended; 

8 (B) a specific description of how each tech9 nology will contribute to the goal of evaluating 

10 the performance and identifying the effective11 ness rate of U.S. Border Patrol agents and op12 erations; and 

13 (C) a privacy evaluation of each tech14 nology, tool, or other device that examines their 

15 potential impact on border communities; 

16 (5) cost-effectiveness calculations for each tech17 nology, tool, or other device that will be deployed, in18 cluding an analysis of the cost per mile of border 

19 surveillance; 

20 (6) a cost justification for each instance a more 

21 expensive technology, tool, or other device is rec22 ommended over a less expensive option in a given 

23 U.S. Border Patrol sector; and 

24 (7) performance measures that can be used to 

25 evaluate the effectiveness of each technology deVerDate Sep 11 2014 21:22 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\S348.IS S348

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1 ployed and of U.S. Border Patrol operations in each 

2 sector. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums as may be 

5 necessary to implement this section. 

6 SEC. 2303. INDEPENDENT OVERSIGHT ON PRIVACY RIGHTS. 

7 The Office of the Inspector General for the Depart8 ment of Homeland Security shall conduct oversight to en9 sure that— 

10 (1) the technology used by U.S. Customs and 

11 Border Protection is— 

12 (A) effective in serving a legitimate agency 

13 purpose; 

14 (B) the least intrusive means of serving 

15 such purpose; and 

16 (C) cost effective; 

17 (2) guidelines are developed for using such 

18 technology to ensure appropriate limits on data col19 lection, processing, sharing, and retention; and 

20 (3) the Department of Homeland Security has 

21 consulted with stakeholders, including affected bor22 der communities, in the development of any plans to 

23 expand technology. 


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1 SEC. 2304. TRAINING AND CONTINUING EDUCATION. 

2 (a) MANDATORY TRAINING AND CONTINUING EDU3 CATION TO PROMOTE AGENT AND OFFICER SAFETY AND

4 PROFESSIONALISM.—The Secretary is authorized to es5 tablish policies and guidelines to ensure that every agent 

6 and officer of U.S. Customs and Border Protection and 

7 U.S. Immigration and Customs Enforcement receives 

8 training upon onboarding regarding accountability, stand9 ards for professional and ethical conduct, and oversight. 

10 (b) CURRICULUM.—The training required under sub11 section (a) shall include— 

12 (1) best practices in community policing, cul13 tural awareness, and carrying out enforcement ac14 tions near sensitive locations, responding to griev15 ances, and how to refer complaints to the Immigra16 tion Detention Ombudsman; 

17 (2) interaction with vulnerable populations; and 

18 (3) standards of professional and ethical con19 duct. 

20 (c) CONTINUING EDUCATION.— 

21 (1) IN GENERAL.—The Secretary shall require 

22 all agents and officers of U.S. Customs and Border 

23 Protection and U.S. Immigration and Customs En24 forcement who are required to undergo training 

25 under subsection (a) to participate in continuing 

26 education. 


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1 (2) CONSTITUTIONAL AUTHORITY SUBJECT

2 MATTER.—Continuing education required under 

3 paragraph (1) shall include training regarding— 

4 (A) the protection of the civil, constitu5 tional, human, and privacy rights of individuals; 

6 and 

7 (B) use of force policies applicable to 

8 agents and officers. 

9 (3) ADMINISTRATION.—Courses offered as part 

10 of continuing education under this subsection shall 

11 be administered in coordination with the Federal 

12 Law Enforcement Training Centers. 

13 (d) MEDICAL TRAINING FOR U.S. BORDER PATROL

14 AGENTS.— 

15 (1) IN GENERAL.—Section 411 of the Home16 land Security Act of 2002 (6 U.S.C. 211) is amend17 ed— 

18 (A) in subsection (l)— 

19 (i) by striking ‘‘The Commissioner’’ 

20 and inserting the following: 

21 ‘‘(1) CONTINUING EDUCATION.—The Commis22 sioner’’; and 

23 (ii) by adding at the end the fol24 lowing: 


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1 ‘‘(2) MEDICAL TRAINING FOR U.S. BORDER PA2 TROL AGENTS.— 

3 ‘‘(A) IN GENERAL.— 

4 ‘‘(i) AVAILABILITY.—Beginning not 

5 later than 6 months after the date of the 

6 enactment of the U.S. Citizenship Act, the 

7 Commissioner shall make available, in each 

8 U.S. Border Patrol sector, at no cost to 

9 U.S. Border Patrol agents selected for 

10 such training, emergency medical techni11 cian (referred to in this paragraph as 

12 ‘EMT’) and paramedic training, including 

13 pediatric medical training, which shall uti14 lize nationally recognized pediatric training 

15 curricula that includes emergency pediatric 

16 care. 

17 ‘‘(ii) USE OF OFFICIAL DUTY TIME.— 

18 A U.S. Border Patrol agent shall be cred19 ited with work time for any EMT or para20 medic training provided to such agent 

21 under clause (i) in order to achieve or 

22 maintain an EMT or paramedic certifi23 cation. 

24 ‘‘(iii) OBLIGATED OVERTIME.—A U.S. 

25 Border Patrol agent shall not accrue any 


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1 debt of obligated overtime hours that the 

2 agent may have incurred, pursuant to sec3 tion 5550(b) of title 5, United States 

4 Code, in order to achieve or maintain a 

5 paramedic certification. 

6 ‘‘(iv) LODGING AND PER DIEM.— 

7 Lodging and per diem shall be made avail8 able to U.S. Border Patrol agents attend9 ing training described in clause (i) if such 

10 training is not available at a location with11 in commuting distance of the agent’s resi12 dence or worksite. 

13 ‘‘(v) SERVICE COMMITMENT.—Any 

14 U.S. Border Patrol agent who completes a 

15 certification preparation program pursuant 

16 to clause (i) shall— 

17 ‘‘(I) complete 1 year of service as 

18 a U.S. Border Patrol agent following 

19 the completion of EMT training; 

20 ‘‘(II) complete 3 years of service 

21 as a U.S. Border Patrol agent fol22 lowing the completion of paramedic 

23 training; or 


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1 ‘‘(III) reimburse U.S. Customs 

2 and Border Protection in an amount 

3 equal to the product of— 

4 ‘‘(aa) the cost of providing 

5 such training to such agent; mul6 tiplied by 

7 ‘‘(bb) the percentage of the 

8 service required under subclauses 

9 (I) and (II) that the agent failed 

10 to complete. 

11 ‘‘(B) INCREASE IN RATE OF PAY FOR BOR12 DER PATROL MEDICAL CERTIFICATION.— 

13 ‘‘(i) EMT CERTIFICATION.—A U.S. 

14 Border Patrol agent who has completed 

15 EMT training pursuant to subparagraph 

16 (A)(i) and has a current, State-issued or 

17 State-recognized certification as an EMT 

18 shall receive, in addition to the pay to 

19 which the agent is otherwise entitled under 

20 this section, an amount equal to 5 percent 

21 of such pay. 

22 ‘‘(ii) PARAMEDIC CERTIFICATION.—A 

23 U.S. Border Patrol agent who has com24 pleted paramedic training pursuant to sub25 paragraph (A)(i) and has a current, StateVerDate Sep 11 2014 21:22 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\S348.IS S348

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1 issued or State-recognized certification as 

2 a paramedic shall receive, in addition to 

3 the pay to which the agent is otherwise en4 titled under this section (except for sub5 paragraph (A)), an amount equal to 10 

6 percent of such pay. 

7 ‘‘(iii) EXISTING CERTIFICATIONS.—A 

8 U.S. Border Patrol agent who did not par9 ticipate in the training made available pur10 suant to subparagraph (A)(i), but, as of 

11 the date of the enactment of the U.S. Citi12 zenship Act, has a current State-issued or 

13 State-recognized EMT or paramedic cer14 tification, shall receive, in addition to the 

15 pay to which the agent is otherwise enti16 tled under this section (excluding the ap17 plication of clause (i) and (ii)), an amount 

18 equal to— 

19 ‘‘(I) 5 percent of such pay for an 

20 EMT certification; and 

21 ‘‘(II) 10 percent of such pay for 

22 a paramedic certification. 

23 ‘‘(C) AVAILABILITY OF MEDICALLY

24 TRAINED BORDER PATROL AGENTS.—Not later 

25 than 6 months after the date of the enactment 


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1 of the U.S. Citizenship Act, the Commissioner 

2 of U.S. Customs and Border Protection shall— 

3 ‘‘(i) ensure that— 

4 ‘‘(I) U.S. Border Patrol agents 

5 with current EMT or paramedic cer6 tifications are stationed at each U.S. 

7 Border Patrol sector and remote sta8 tion along the southern border to the 

9 greatest extent possible; 

10 ‘‘(II) not fewer than 10 percent 

11 of all U.S. Border Patrol agents as12 signed to each U.S. Border Patrol 

13 sector have EMT certifications; and 

14 ‘‘(III) not fewer than 1 percent 

15 of all U.S. Border Patrol agents as16 signed to each U.S. Border Patrol 

17 sector have paramedic certifications; 

18 and 

19 ‘‘(ii) in determining the assigned posts 

20 of U.S. Border Patrol agents who have re21 ceived training under subparagraph (A)(i), 

22 give priority to remote stations and for23 ward operating bases. 

24 ‘‘(D) MEDICAL SUPPLIES.— 


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1 ‘‘(i) MINIMUM LIST.—The Commis2 sioner of U.S. Customs and Border Protec3 tion shall provide minimum medical sup4 plies to each U.S. Border Patrol agent 

5 with an EMT or paramedic certification 

6 and to each U.S. Border Patrol sector, in7 cluding all remote stations and forward op8 erating bases, for use while on patrol, in9 cluding— 

10 ‘‘(I) supplies designed for chil11 dren; 

12 ‘‘(II) first aid kits; and 

13 ‘‘(III) oral hydration, such as 

14 water. 

15 ‘‘(ii) CONSULTATION.—In developing 

16 the minimum list of medical supplies re17 quired under clause (i), the Commissioner 

18 shall consult national organizations with 

19 expertise in emergency medical care, in20 cluding emergency medical care of chil21 dren. 

22 ‘‘(E) MOTOR VEHICLES.—The Commis23 sioner of U.S. Customs and Border Protection 

24 shall make available appropriate motor vehicles 

25 to U.S. Border Patrol agents with current EMT 


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1 or paramedic certifications to enable them to 

2 provide necessary emergency medical assistance. 

3 ‘‘(F) GAO REPORT.—Not later than 3 

4 years after the date of the enactment of the 

5 U.S. Citizenship Act, the Comptroller General 

6 of the United States shall— 

7 ‘‘(i) review the progress of the U.S. 

8 Customs and Border Protection’s pro9 motion in reaching the goal of up to 10 

10 percent of all U.S. Border Patrol agents 

11 having EMT or paramedic certifications; 

12 and 

13 ‘‘(ii) provide a recommendation to 

14 Congress as to whether— 

15 ‘‘(I) the Commissioner of U.S. 

16 Customs and Border Protection has 

17 effectively and vigorously undertaken 

18 an agency-wide effort to encourage 

19 and promote the mandate for medical 

20 training for U.S. Border Patrol 

21 agents under this paragraph; 

22 ‘‘(II) additional incentive modi23 fications are needed to achieve or 

24 maintain the goal, including pay dif25 ferentials; and 


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1 ‘‘(III) the 10 percent goal is 

2 properly scoped to materially con3 tribute to the preservation of life and 

4 the effectiveness and efficiency of U.S. 

5 Border Patrol operations, including 

6 whether the number is too high or too 

7 low.’’; and 

8 (B) in subsection (r), by striking ‘‘section, 

9 the terms’’ and inserting the following: ‘‘sec10 tion— 

11 ‘‘(1) the term ‘child’ means any individual who 

12 has not reached 18 years of age; and 

13 ‘‘(2) the terms’’. 

14 (2) AUTHORIZATION OF APPROPRIATIONS.— 

15 There are authorized to be appropriated such sums 

16 as may be necessary to carry out section 411(l)(2) 

17 of the Homeland Security Act of 2002, as added by 

18 paragraph (1). 

19 (e) IDENTIFYING AND TREATING INDIVIDUALS EX20 PERIENCING MEDICAL DISTRESS.— 

21 (1) ONLINE TRAINING.— 

22 (A) IN GENERAL.—Beginning on the date 

23 that is 90 days after the date of the enactment 

24 of this Act, the Commissioner of U.S. Customs 

25 and Border Protection shall require all U.S. 


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1 Border Patrol agents, including agents with 

2 EMT or paramedic certification, to complete an 

3 online training program that meets nationally 

4 recognized standards for the medical care of 

5 children to enable U.S. Border Patrol agents— 

6 (i) to identify common signs of med7 ical distress in children; and 

8 (ii) to ensure the timely transport of 

9 sick or injured children to an appropriate 

10 medical provider. 

11 (B) CONTRACT.—In developing or selecting 

12 an online training program under subparagraph 

13 (A), the Commissioner may enter into a con14 tract with a national professional medical asso15 ciation of pediatric medical providers. 

16 (2) VOICE ACCESS TO MEDICAL PROFES17 SIONALS.— 

18 (A) IN GENERAL.—The Commissioner of 

19 U.S. Customs and Border Protection shall en20 sure that all remote U.S. Border Patrol sta21 tions, forward operating bases, and remote 

22 ports of entry along the southern border of the 

23 United States have 24-hour voice access to a 

24 medical command physician whose board certifi25 cation includes the ability to perform this role 


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1 or a mid-level health care provider with pedi2 atric training for consultations regarding the 

3 medical needs of individuals, including children, 

4 taken into custody near the United States bor5 der. 

6 (B) ACCEPTABLE MEANS OF ACCESS.—Ac7 cess under subparagraph (A) may be accom8 plished through mobile phones, satellite mobile 

9 radios, or other means prescribed by the Com10 missioner. 

11 (f) COMMERCIAL DRIVER PROGRAM.— 

12 (1) ESTABLISHMENT.—The Commissioner of 

13 U.S. Customs and Border Protection shall establish 

14 a program to expedite detainee transport to border 

15 patrol processing facilities by ensuring, beginning 

16 not later than 1 year after the date of the enactment 

17 of this Act, that— 

18 (A) not fewer than 300 U.S. Border Patrol 

19 agents assigned to remote U.S. Border Patrol 

20 stations have a commercial driver’s license with 

21 a passenger endorsement for detainee transport; 

22 (B) in each of the El Paso, Laredo, Rio 

23 Grande Valley, San Diego, Yuma, and Tucson 

24 U.S. Border Patrol Sectors— 


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1 (i) not fewer than 5 U.S. Border Pa2 trol agents with a commercial driver’s li3 cense are available during every shift; and 

4 (ii) not fewer than 3 buses are as5 signed to the sector; and 

6 (C) in each of the Big Bend, Del Rio, and 

7 El Centro U.S. Border Patrol Sectors— 

8 (i) not fewer than 2 U.S. Border Pa9 trol agents with a commercial driver’s li10 cense are available during every shift; and 

11 (ii) not fewer than 1 bus is assigned 

12 to the sector. 

13 (2) RELOCATION.—Buses assigned to specific 

14 U.S. Border Patrol sectors pursuant to paragraph 

15 (1) may be relocated to other sectors in response to 

16 changing patterns. 

17 (3) REDUCING WAIT TIMES AT REMOTE U.S. 

18 BORDER PATROL STATIONS.—The Commissioner of 

19 U.S. Customs and Border Protection shall ensure 

20 that sufficient buses are available in each U.S. Bor21 der Patrol sector to avoid subjecting detainees to 

22 long wait times at remote border patrol stations. 

23 (4) USE OF OFFICIAL DUTY TIME.—A U.S. 

24 Border Patrol agent shall be credited with work time 


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1 for the process of obtaining and maintaining a com2 mercial driver’s license under paragraph (1). 

3 (5) REPORTS TO CONGRESS.—The Secretary 

4 shall submit quarterly reports regarding the average 

5 length of detainees’ stay at U.S. Border Patrol sta6 tions to— 

7 (A) the Committee on Homeland Security 

8 and Governmental Affairs of the Senate; and 

9 (B) the Committee on Homeland Security 

10 of the House of Representatives. 

11 SEC. 2305. GAO STUDY OF WAIVER OF ENVIRONMENTAL 

12 AND OTHER LAWS. 

13 The Comptroller General of the United States shall 

14 study the impact of the authority of the Secretary, under 

15 section 102(c) of the Illegal Immigration Reform and Im16 migrant Responsibility Act of 1996 (Division C of Public 

17 Law 104–208; 8 U.S.C. 1103 note), to waive otherwise 

18 applicable legal requirements to expedite the construction 

19 of barriers and roads near United States borders, includ20 ing the impact of such waiver on the environment, Indian 

21 lands, and border communities. 


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1 SEC. 2306. ESTABLISHMENT OF BORDER COMMUNITY 

2 STAKEHOLDER ADVISORY COMMITTEE. 

3 (a) IN GENERAL.—Subtitle B of title IV of the 

4 Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) 

5 is amended by inserting after section 415 the following: 

6 ‘‘SEC. 416. BORDER COMMUNITY STAKEHOLDER ADVISORY 

7 COMMITTEE. 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) ADVISORY COMMITTEE.—The term ‘Advi10 sory Committee’ means the Border Community 

11 Stakeholder Advisory committee established pursu12 ant to subsection (b). 

13 ‘‘(2) BORDER COMMUNITY STAKEHOLDER.— 

14 The term ‘border community stakeholder’ means an 

15 individual who has ownership interests or resides 

16 near an international land border of the United 

17 States, including— 

18 ‘‘(A) an individual who owns land within 

19 10 miles of an international land border of the 

20 United States; 

21 ‘‘(B) a business leader of a company oper22 ating within 100 miles of a land border of the 

23 United States; 

24 ‘‘(C) a local official from a community on 

25 a land border of the United States; 


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1 ‘‘(D) a representative of an Indian Tribe 

2 possessing Tribal lands on a land border of the 

3 United States; and 

4 ‘‘(E) a representative of a human rights or 

5 civil rights organization operating near a land 

6 border of the United States. 

7 ‘‘(b) ESTABLISHMENT.—The Secretary shall estab8 lish, within the Department, the Border Community 

9 Stakeholder Advisory Committee. 

10 ‘‘(c) DUTIES.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall consult 

12 with the Advisory Committee, as appropriate, re13 garding border security and immigration enforce14 ment matters, including on the development, refine15 ment, and implementation of policies, protocols, pro16 grams, and rulemaking pertaining to border security 

17 and immigration enforcement that may impact bor18 der communities. 

19 ‘‘(2) RECOMMENDATIONS.—The Advisory Com20 mittee shall develop, at the request of the Secretary, 

21 recommendations regarding policies, protocols, pro22 grams, and rulemaking pertaining to border security 

23 and immigration enforcement that may impact bor24 der communities. 

25 ‘‘(d) MEMBERSHIP.— 


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1 ‘‘(1) APPOINTMENT.— 

2 ‘‘(A) IN GENERAL.—The Secretary shall 

3 appoint the members of the Advisory Com4 mittee. 

5 ‘‘(B) COMPOSITION.—The Advisory Com6 mittee shall be composed of— 

7 ‘‘(i) 1 border community stakeholder 

8 from each of the 9 U.S. Border Patrol sec9 tors; and 

10 ‘‘(ii) 3 individuals with significant ex11 pertise and experience in immigration law, 

12 civil rights, and civil liberties, particularly 

13 relating to the interests of residents of bor14 der communities. 

15 ‘‘(2) TERM OF OFFICE.— 

16 ‘‘(A) TERMS.—The term of each member 

17 of the Advisory Committee shall be 2 years. 

18 The Secretary may reappoint members for addi19 tional terms. 

20 ‘‘(B) REMOVAL.—The Secretary may re21 view the participation of a member of the Advi22 sory Committee and remove such member for 

23 cause at any time. 

24 ‘‘(3) PROHIBITION ON COMPENSATION.—The 

25 members of the Advisory Committee may not receive 


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1 pay, allowances, or benefits from the Federal Gov2 ernment by reason of their service on the Advisory 

3 Committee. 

4 ‘‘(4) MEETINGS.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 require the Advisory Committee to meet at least 

7 semiannually and may convene additional meet8 ings as necessary. 

9 ‘‘(B) PUBLIC MEETINGS.—At least 1 of 

10 the meetings described in subparagraph (A) 

11 shall be open to the public. 

12 ‘‘(C) ATTENDANCE.—The Advisory Com13 mittee shall maintain a record of the persons 

14 present at each meeting. 

15 ‘‘(5) MEMBER ACCESS TO SENSITIVE SECURITY

16 INFORMATION.— 

17 ‘‘(A) ACCESS.—If the Secretary determines 

18 that there is no cause to restrict a member of 

19 the Advisory Committee from possessing sen20 sitive security information, the member may be 

21 granted access to such information that is rel22 evant to the member’s advisory duties after vol23 untarily signing a nondisclosure agreement. 

24 ‘‘(B) RESTRICTIONS ON USE.—The mem25 ber shall protect the sensitive security informaVerDate Sep 11 2014 21:22 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\S348.IS S348

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1 tion referred to in subparagraph (A) in accord2 ance with part 1520 of title 49, Code of Fed3 eral Regulations. 

4 ‘‘(6) CHAIRPERSON.—A stakeholder representa5 tive on the Advisory Committee who is elected by the 

6 appointed membership of the Advisory Committee 

7 shall chair the Advisory Committee. 

8 ‘‘(e) NONAPPLICABILITY OF FACA.—The Federal 

9 Advisory Committee Act (5 U.S.C. App.) shall not apply 

10 to the Advisory Committee or any of its subcommittees.’’. 

11 (b) APPROPRIATIONS.—There are authorized to be 

12 appropriated such sums as may be necessary to implement 

13 this section. 

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

15 in section 1(b) of the Homeland Security Act of 2002 

16 (Public Law 107–296) is amended by inserting after the 

17 item relating to section 415 the following: 

‘‘Sec. 416. Border Community Stakeholder Advisory Committee.’’. 

18 SEC. 2307. RESCUE BEACONS. 

19 Section 411(o) of the Homeland Security Act of 2002 

20 (6 U.S.C. 211(o)) is amended by adding at the end the 

21 following: 

22 ‘‘(3) RESCUE BEACONS.—Beginning on October 

23 1, 2021, in carrying out subsection (c)(8), the Com24 missioner shall purchase, deploy, and maintain addi25 tional self-powering, 9–1–1 cellular relay rescue beaVerDate Sep 11 2014 21:22 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\S348.IS S348

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1 cons along the southern border of the United States 

2 at appropriate locations, as determined by the Com3 missioner, to effectively mitigate migrant deaths.’’. 

4 SEC. 2308. USE OF FORCE. 

5 (a) DEPARTMENT OF HOMELAND SECURITY POLI6 CIES.— 

7 (1) ISSUANCE.—The Secretary, in coordination 

8 with the Assistant Attorney General for the Civil 

9 Rights, shall issue policies governing the use of force 

10 by all Department of Homeland Security personnel. 

11 (2) CONSULTATION REQUIREMENT.—In devel12 oping policies pursuant to paragraph (1), the Sec13 retary shall consult with law enforcement and civil 

14 rights organizations to ensure that such policies— 

15 (A) focus law enforcement efforts and tac16 tics on protecting public safety and national se17 curity that are consistent with our Nation’s val18 ues; and 

19 (B) leverage best practices and technology 

20 to provide such protection. 

21 (b) PUBLIC REPORTING.—Not later than 24 hours 

22 after any use-of-force incident that results in serious in23 jury to, or the death of, an officer, agent, or member of 

24 the public, the Secretary shall— 

25 (1) make the facts of such incident public; and 


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1 (2) comply fully with the requirements set forth 

2 in section 3 of the Death in Custody Reporting Act 

3 of 2013 (42 U.S.C. 13727a). 

4 SEC. 2309. OFFICE OF PROFESSIONAL RESPONSIBILITY. 

5 (a) IN GENERAL.—The Commissioner of U.S. Cus6 toms and Border Protection shall hire, train, and assign 

7 sufficient Office of Professional Responsibility special 

8 agents to ensure that there is 1 such special agent for 

9 every 30 officers to investigate criminal and administrative 

10 matters and misconduct by officers and other employees 

11 of U.S. Customs and Border Protection. 

12 (b) CONTRACTS.—The Commissioner is authorized to 

13 enter into such contracts as may be necessary to carry 

14 out this section. 

15 Subtitle D—Improving Border In16 frastructure for Families and 

17 Children; Cracking Down on 

18 Criminal Organizations 

19 SEC. 2401. HUMANITARIAN AND MEDICAL STANDARDS FOR 

20 INDIVIDUALS IN U.S. CUSTOMS AND BORDER 

21 PROTECTION CUSTODY. 

22 (a) IN GENERAL.—The Secretary, in coordination 

23 with the Secretary of Health and Human Services, and 

24 in consultation with nongovernmental experts in the deliv25 ery of humanitarian response and health care, shall deVerDate Sep 11 2014 21:22 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\S348.IS S348

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1 velop guidelines and protocols for basic minimum stand2 ards of care for individuals in the custody of U.S. Customs 

3 and Border Protection. 

4 (b) ISSUES ADDRESSED.—The guidelines and proto5 cols described in subsection (a) shall ensure that the staff6 ing, physical facilities, furnishings, and supplies are ade7 quate to provide each detainee with appropriate— 

8 (1) medical care, including initial health 

9 screenings and medical assessments; 

10 (2) water, sanitation, and hygiene; 

11 (3) food and nutrition; 

12 (4) clothing and shelter; 

13 (5) quiet, dimly illuminated sleeping quarters if 

14 he or she is detained overnight; 

15 (6) information about available services and 

16 legal rights, in the common language spoken by the 

17 detainee, and access to a telephone; and 

18 (7) freedom to practice the detainee’s religion. 

19 SEC. 2402. CHILD WELFARE AT THE BORDER. 

20 (a) GUIDELINES.—The Secretary, in consultation 

21 with appropriate Federal, State, and local government of22 ficials, pediatricians, and child welfare experts and private 

23 sector agencies, shall develop additional guidelines for the 

24 treatment of children in the custody of U.S. Customs and 

25 Border Protection. 


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1 (b) GUIDING PRINCIPLE.—The guiding principle of 

2 the guidelines developed pursuant to subsection (a) shall 

3 be ‘‘the best interest of the child’’ and shall include— 

4 (1) appropriate training for all Department of 

5 Homeland Security personnel and cooperating entity 

6 personnel who have contact with children relating to 

7 the care and custody of children; 

8 (2) ensuring the availability of qualified child 

9 welfare professionals and licensed medical profes10 sionals, as appropriate; 

11 (3) a reliable system for identifying and report12 ing allegations of child abuse or neglect; 

13 (4) prohibiting the removal of a child from a 

14 parent or legal guardian for the purpose of deterring 

15 individuals from migrating to the United States or 

16 promoting compliance with the United States immi17 gration laws; 

18 (5) reasonable arrangements for unannounced 

19 visits and inspections by the Office of Inspector Gen20 eral of the Department of Homeland Security, non21 governmental organizations, and State and local 

22 child welfare agencies; and 

23 (6) the preservation of all records associated 

24 with children in the custody of the Department of 

25 Homeland Security, including records of— 


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1 (A) the identities of the children; 

2 (B) any known family members of the chil3 dren; and 

4 (C) reported incidents of abuse of the chil5 dren while in custody. 

6 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated such sums as may be 

8 necessary to implement this section. 

9 SEC. 2403. OFFICE OF INSPECTOR GENERAL OVERSIGHT. 

10 Not later than 6 months after the date of the enact11 ment of this Act and every 6 months thereafter, the In12 spector General of the Department of Homeland Security, 

13 in coordination with the Secretary of Health and Human 

14 Services, shall submit a report to the appropriate congres15 sional committees regarding— 

16 (1) the status of the implementation of sections 

17 2401 and 2402; and 

18 (2) findings made after announced and unan19 nounced inspections to Department of Homeland Se20 curity facilities. 

21 SEC. 2404. ENHANCED INVESTIGATION AND PROSECUTION 

22 OF HUMAN SMUGGLING NETWORKS AND 

23 TRAFFICKING ORGANIZATIONS. 

24 The Attorney General and the Secretary shall expand 

25 collaboration on the investigation and prosecution of 


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1 human smuggling networks and trafficking organizations 

2 targeting migrants, asylum seekers, and unaccompanied 

3 children and operating at the southwestern border of the 

4 United States, including the continuation and expansion 

5 of anti-trafficking coordination teams. 

6 SEC. 2405. ENHANCED PENALTIES FOR ORGANIZED SMUG7 GLING SCHEMES. 

8 (a) IN GENERAL.—Section 274(a)(1)(B) of the Im9 migration and Nationality Act (8 U.S.C. 1324(a)(1)(B)) 

10 is amended— 

11 (1) by redesignating clauses (iii) and (iv) as 

12 clauses (iv) and (v), respectively; 

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

14 ‘‘(iii) in the case of a violation of subparagraph 

15 (A)(i) during and in relation to which the person, 

16 while acting for profit or other financial gain, know17 ingly directs or participates in a scheme to cause 10 

18 or more persons (other than a parent, spouse, sib19 ling, son or daughter, grandparent, or grandchild of 

20 the offender) to enter or to attempt to enter the 

21 United States at the same time at a place other 

22 than a designated port of entry or place other than 

23 designated by the Secretary, be fined under title 18, 

24 United States Code, imprisoned not more than 15 

25 years, or both;’’; and 


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1 (3) in clause (iv), as redesignated, by inserting 

2 ‘‘commits or attempts to commit sexual assault of,’’ 

3 after ‘‘section 1365 of title 18, United States Code) 

4 to,’’. 

5 (b) BULK CASH SMUGGLING.—Section 5332(b)(1) of 

6 title 31, United States Code, is amended— 

7 (1) in the paragraph heading, by striking 

8 ‘‘TERM OF IMPRISONMENT.—’’ and inserting ‘‘IN

9 GENERAL.—’’; and 

10 (2) by inserting ‘‘, fined under title 18, or 

11 both’’ after ‘‘5 years’’. 

12 SEC. 2406. EXPANDING FINANCIAL SANCTIONS ON NAR13 COTICS TRAFFICKING AND MONEY LAUN14 DERING. 

15 (a) FINANCIAL SANCTIONS EXPANSION.—The Sec16 retary of the Treasury, the Attorney General, the Sec17 retary of State, the Secretary of Defense, and the Director 

18 of Central Intelligence shall expand investigations, intel19 ligence collection, and analysis pursuant to the Foreign 

20 Narcotics Kingpin Designation Act (21 U.S.C. 1901 et 

21 seq.) to increase the identification and application of sanc22 tions against— 

23 (1) significant foreign narcotics traffickers and 

24 their organizations and networks; and 


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1 (2) foreign persons, including government offi2 cials, who provide material, financial, or techno3 logical support to such traffickers, organizations, or 

4 networks. 

5 (b) SPECIFIC TARGETS.—The activities described in 

6 subsection (a) shall specifically target foreign narcotics 

7 traffickers, their organizations and networks, and the for8 eign persons, including government officials, who provide 

9 material, financial, or technological support to such traf10 fickers, organizations, and networks that are present and 

11 operating in Central America. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated such sums as may be 

14 necessary to carry out subsection (a). 

15 SEC. 2407. SUPPORT FOR TRANSNATIONAL ANTI-GANG 

16 TASK FORCES FOR COUNTERING CRIMINAL 

17 GANGS. 

18 The Director of the Federal Bureau of Investigation, 

19 the Director of the Drug Enforcement Administration, 

20 and the Secretary, in coordination with the Secretary of 

21 State, shall expand the use of transnational task forces 

22 that seek to address transnational crime perpetrated by 

23 gangs in El Salvador, Guatemala, Honduras, and any 

24 other identified country by— 


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1 (1) expanding transnational criminal investiga2 tions focused on criminal gangs in identified coun3 tries, such as MS–13 and 18th Street; 

4 (2) expanding training and partnership efforts 

5 with law enforcement entities in identified countries 

6 to disrupt and dismantle criminal gangs, both inter7 nationally and in their respective countries; 

8 (3) establishing or expanding gang-related in9 vestigative units; 

10 (4) collecting and disseminating intelligence to 

11 support related United States-based investigations; 

12 and 

13 (5) expanding programming related to gang 

14 intervention and prevention for at-risk youth. 

15 SEC. 2408. HINDERING IMMIGRATION, BORDER, AND CUS16 TOMS CONTROLS. 

17 (a) PERSONNEL AND STRUCTURES.—Title II of the 

18 Immigration and Nationality Act (8 U.S.C. 1151 et seq.) 

19 is amended by inserting after section 274D the following: 

20 ‘‘SEC. 274E. HINDERING IMMIGRATION, BORDER, AND CUS21 TOMS CONTROLS. 

22 ‘‘(a) ILLICIT SPOTTING.— 

23 ‘‘(1) IN GENERAL.—It shall be unlawful to 

24 knowingly surveil, track, monitor, or transmit the lo25 cation, movement, or activities of any officer or emVerDate Sep 11 2014 21:22 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\S348.IS S348

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1 ployee of a Federal, State, or Tribal law enforce2 ment agency with the intent— 

3 ‘‘(A) to gain financially; and 

4 ‘‘(B) to violate— 

5 ‘‘(i) the immigration laws; 

6 ‘‘(ii) the customs and trade laws of 

7 the United States (as defined in section 

8 2(4) of the Trade Facilitation and Trade 

9 Enforcement Act of 2015 (Public Law 

10 114–125)); 

11 ‘‘(iii) any other Federal law relating 

12 to transporting controlled substances, agri13 culture, or monetary instruments into the 

14 United States; or 

15 ‘‘(iv) any Federal law relating to bor16 der controls measures of the United 

17 States. 

18 ‘‘(2) PENALTY.—Any person who violates para19 graph (1) shall be fined under title 18, United 

20 States Code, imprisoned for not more than 5 years, 

21 or both. 

22 ‘‘(b) DESTRUCTION OF UNITED STATES BORDER

23 CONTROLS.— 

24 ‘‘(1) IN GENERAL.—It shall be unlawful to 

25 knowingly and without lawful authorization— 


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1 ‘‘(A) destroy or significantly damage any 

2 fence, barrier, sensor, camera, or other physical 

3 or electronic device deployed by the Federal 

4 Government to control an international border 

5 of, or a port of entry to, the United States; or 

6 ‘‘(B) otherwise construct, excavate, or 

7 make any structure intended to defeat, cir8 cumvent or evade such a fence, barrier, sensor 

9 camera, or other physical or electronic device 

10 deployed by the Federal Government to control 

11 an international border of, or a port of entry to, 

12 the United States. 

13 ‘‘(2) PENALTY.—Any person who violates para14 graph (1) shall be fined under title 18, United 

15 States Code, imprisoned for not more than 5 years, 

16 or both.’’. 

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

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

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

20 to section 274D the following: 

‘‘Sec. 274E. Hindering immigration, border, and customs controls.’’. 


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1 TITLE III—REFORM OF THE 

2 IMMIGRANT VISA SYSTEM 

3 Subtitle A—Promoting Family 

4 Reunification 

5 SEC. 3101. RECAPTURE OF IMMIGRANT VISAS LOST TO BU6 REAUCRATIC DELAY. 

7 (a) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM8 MIGRANTS.—Section 201(c) of the Immigration and Na9 tionality Act (8 U.S.C. 1151(c)) is amended to read as 

10 follows: 

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

12 IMMIGRANTS.— 

13 ‘‘(1) IN GENERAL.—The worldwide level of fam14 ily-sponsored immigrants under this subsection for a 

15 fiscal year is equal to the sum of— 

16 ‘‘(A) 480,000; 

17 ‘‘(B) the number computed under para18 graph (2); and 

19 ‘‘(C) the number computed under para20 graph (3). 

21 ‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS

22 FISCAL YEAR.—The number computed under this 

23 paragraph for a fiscal year is the difference, if any, 

24 between— 


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1 ‘‘(A) the worldwide level of employment2 based immigrant visas established for the pre3 vious fiscal year; and 

4 ‘‘(B) the number of visas issued under sec5 tion 203(b) during the previous fiscal year. 

6 ‘‘(3) UNUSED VISA NUMBERS FROM FISCAL

7 YEARS 1992 THROUGH 2020.—The number computed 

8 under this paragraph is the difference, if any, be9 tween— 

10 ‘‘(A) the difference, if any, between— 

11 ‘‘(i) the sum of the worldwide levels of 

12 family-sponsored immigrant visas estab13 lished for fiscal years 1992 through 2020; 

14 and 

15 ‘‘(ii) the number of visas issued under 

16 section 203(a) during such fiscal years; 

17 and 

18 ‘‘(B) the number of visas resulting from 

19 the calculation under subparagraph (A) that 

20 were issued after fiscal year 2020 under section 

21 203(a).’’. 

22 (b) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

23 IMMIGRANTS.—Section 201(d) of the Immigration and 

24 Nationality Act (8 U.S.C. 1151(d)) is amended to read 

25 as follows: 


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

2 IMMIGRANTS.— 

3 ‘‘(1) IN GENERAL.—The worldwide level of em4 ployment-based immigrants under this subsection for 

5 a fiscal year is equal to the sum of— 

6 ‘‘(A) 170,000; 

7 ‘‘(B) the number computed under para8 graph (2); and 

9 ‘‘(C) the number computed under para10 graph (3). 

11 ‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS

12 FISCAL YEAR.—The number computed under this 

13 paragraph for a fiscal year is the difference, if any, 

14 between— 

15 ‘‘(A) the worldwide level of family-spon16 sored immigrant visas established for the pre17 vious fiscal year; and 

18 ‘‘(B) the number of visas issued under sec19 tion 203(a) during the previous fiscal year. 

20 ‘‘(3) UNUSED VISA NUMBERS FROM FISCAL

21 YEARS 1992 THROUGH 2020.—The number computed 

22 under this paragraph is the difference, if any, be23 tween— 

24 ‘‘(A) the difference, if any, between— 


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1 ‘‘(i) the sum of the worldwide levels of 

2 employment-based immigrant visas estab3 lished for each of fiscal years 1992 

4 through 2020; and 

5 ‘‘(ii) the number of visas issued under 

6 section 203(b) during such fiscal years; 

7 and 

8 ‘‘(B) the number of visas resulting from 

9 the calculation under subparagraph (A) that 

10 were issued after fiscal year 2020 under section 

11 203(b).’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall apply to each fiscal year beginning with 

14 fiscal year 2022. 

15 SEC. 3102. RECLASSIFICATION OF SPOUSES AND MINOR 

16 CHILDREN OF LAWFUL PERMANENT RESI17 DENTS AS IMMEDIATE RELATIVES. 

18 (a) IN GENERAL.—Section 201(b)(2) of the Immi19 gration and Nationality Act (8 U.S.C. 1151(b)(2)) is 

20 amended to read as follows: 

21 ‘‘(2) IMMEDIATE RELATIVES.— 

22 ‘‘(A) IN GENERAL.— 

23 ‘‘(i) IMMEDIATE RELATIVE DE24 FINED.—In this Act, the term ‘immediate 

25 relative’ includes— 


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1 ‘‘(I) a child, spouse, and parent 

2 of a citizen of the United States, ex3 cept that, in the case of parents, such 

4 citizen of the United States shall be 

5 at least 21 years of age; 

6 ‘‘(II) a child or spouse of a law7 ful permanent resident; and 

8 ‘‘(III) for each family member of 

9 a citizen of the United States or law10 ful permanent resident described in 

11 subclauses (I) and (II), the family 

12 member’s spouse or child who is ac13 companying or following to join the 

14 family member. 

15 ‘‘(ii) PREVIOUSLY ISSUED VISA.—A 

16 noncitizen admitted under section 211(a) 

17 on the basis of a prior issuance of a visa 

18 under section 203(a) to his or her imme19 diate relative accompanying parent is an 

20 immediate relative. 

21 ‘‘(iii) PARENTS AND CHILDREN.—A 

22 noncitizen who was the child or parent of 

23 a citizen of the United States or a child of 

24 a lawful permanent resident on the date of 

25 the death of the United States citizen or 


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1 lawful permanent resident is an immediate 

2 relative if the noncitizen files a petition 

3 under section 204(a)(1)(A)(ii) not later 

4 than 2 years after such date or before at5 taining 21 years of age. 

6 ‘‘(iv) SPOUSES.—A noncitizen who 

7 was the spouse of a citizen of the United 

8 States or lawful permanent resident for 

9 not less than 2 years on the date of death 

10 of the United States citizen or lawful per11 manent resident (or, if married for less 

12 than 2 years on such date, proves by a pre13 ponderance of the evidence that the mar14 riage was entered into in good faith and 

15 not solely for the purpose of obtaining an 

16 immigration benefit and the noncitizen was 

17 not legally separated from the citizen of 

18 the United States or lawful permanent 

19 resident on such date) and each child of 

20 such noncitizen shall be considered, for 

21 purposes of this subsection, an immediate 

22 relative after such date if the spouse files 

23 a petition under section 204(a)(1)(A)(ii) 

24 before the date on which the spouse remar25 ries. 


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1 ‘‘(v) SPECIAL RULE.—For purposes of 

2 this subparagraph, a noncitizen who has 

3 filed a petition under clause (iii) or (iv) of 

4 section 204(a)(1)(A) remains an immediate 

5 relative if the United States citizen or law6 ful permanent resident spouse or parent 

7 loses United States citizenship or lawful 

8 permanent residence on account of the 

9 abuse. 

10 ‘‘(B) BIRTH DURING TEMPORARY VISIT

11 ABROAD.—A noncitizen born to a lawful perma12 nent resident during a temporary visit abroad is 

13 an immediate relative.’’. 

14 (b) ALLOCATION OF IMMIGRANT VISAS.—Section 

15 203(a) of the Immigration and Nationality Act (8 U.S.C. 

16 1153(a)) is amended— 

17 (1) in paragraph (1), by striking ‘‘23,400’’ and 

18 inserting ‘‘26.5 percent of such worldwide level’’; 

19 (2) by striking paragraph (2) and inserting the 

20 following: 

21 ‘‘(2) UNMARRIED SONS AND UNMARRIED

22 DAUGHTERS OF LAWFUL PERMANENT RESIDENTS.— 

23 Qualified immigrants who are the unmarried sons or 

24 unmarried daughters (but are not the children) of 

25 lawful permanent residents shall be allocated visas in 


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1 a number not to exceed 16.8 percent of such world2 wide level, plus any visas not required for the class 

3 specified in paragraph (1).’’; 

4 (3) in paragraph (3), by striking ‘‘23,400’’ and 

5 inserting ‘‘16.8 percent of such worldwide level’’; 

6 and 

7 (4) in paragraph (4), by striking ‘‘65,000’’ and 

8 inserting ‘‘39.9 percent of such worldwide level’’. 

9 (c) CONFORMING AMENDMENTS.— 

10 (1) RULES FOR DETERMINING WHETHER CER11 TAIN NONCITIZENS ARE IMMEDIATE RELATIVES.— 

12 Section 201(f) of the Immigration and Nationality 

13 Act (8 U.S.C. 1151(f)) is amended— 

14 (A) in paragraph (1), by striking ‘‘para15 graphs (2) and (3),’’ and inserting ‘‘paragraph 

16 (2),’’; 

17 (B) by striking paragraph (2); 

18 (C) by redesignating paragraphs (3) and 

19 (4) as paragraphs (2) and (3), respectively; and 

20 (D) in paragraph (3), as redesignated by 

21 subparagraph (C), by striking ‘‘through (3)’’ 

22 and inserting ‘‘and (2)’’. 

23 (2) ALLOCATION OF IMMIGRATION VISAS.—Sec24 tion 203(h) of the Immigration and Nationality Act 

25 (8 U.S.C. 1153(h)) is amended— 


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1 (A) in paragraph (1)— 

2 (i) in the matter preceding subpara3 graph (A), by striking ‘‘subsections 

4 (a)(2)(A) and (d)’’ and inserting ‘‘sub5 section (d)’’; 

6 (ii) in subparagraph (A), by striking 

7 ‘‘becomes available for such noncitizen (or, 

8 in the case of subsection (d), the date on 

9 which an immigrant visa number became 

10 available for the noncitizen’s parent),’’ and 

11 inserting ‘‘became available for the nonciti12 zen’s parent,’’; and 

13 (iii) in subparagraph (B), by striking 

14 ‘‘applicable’’; 

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

16 follows: 

17 ‘‘(2) PETITION DESCRIBED.—The petition de18 scribed in this paragraph is a petition filed under 

19 section 204 for classification of a noncitizen’s parent 

20 under subsection (a), (b), or (c).’’; and 

21 (C) in paragraph (3), by striking ‘‘sub22 sections (a)(2)(A) and (d)’’ and inserting ‘‘sub23 section (d)’’. 


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1 (3) PROCEDURE FOR GRANTING IMMIGRANT

2 STATUS.—Section 204 of the Immigration and Na3 tionality Act (8 U.S.C. 1154) is amended— 

4 (A) in subsection (a)(1)— 

5 (i) in subparagraph (A)— 

6 (I) in clause (i), by inserting ‘‘or 

7 lawful permanent resident’’ after ‘‘cit8 izen of the United States’’; 

9 (II) in clause (ii), by striking 

10 ‘‘described in the second sentence of 

11 section 201(b)(2)(A)(i) also’’ and in12 serting ‘‘, noncitizen child, or noncit13 izen parent described in section 

14 201(b)(2)(A)’’; 

15 (III) in clause (iii)— 

16 (aa) in subclause (I)(aa), by 

17 inserting ‘‘or lawful permanent 

18 resident’’ after ‘‘citizen’’; and 

19 (bb) in subclause (II)(aa)— 

20 (AA) in subitems (AA) 

21 and (BB), by inserting ‘‘or 

22 lawful permanent resident;’’ 

23 after ‘‘citizen of the United 

24 States’’ each place it ap25 pears; and 


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1 (BB) in subitem (CC), 

2 by inserting ‘‘or lawful per3 manent resident’’ after 

4 ‘‘United States citizen’’ each 

5 place it appears and by in6 serting ‘‘or lawful perma7 nent resident’’ after ‘‘citi8 zenship’’; 

9 (IV) in clause (iv)— 

10 (aa) by striking ‘‘citizen of 

11 the United States’’ and inserting 

12 ‘‘United States citizen or lawful 

13 permanent resident parent’’; 

14 (bb) by inserting ‘‘or lawful 

15 permanent resident’’ after 

16 ‘‘United States citizen’’; 

17 (cc) by inserting ‘‘or lawful 

18 permanent resident’’ after ‘‘citi19 zenship’’; 

20 (dd) by striking ‘‘citizen 

21 parent may’’ and inserting 

22 ‘‘United States citizen or lawful 

23 permanent resident parent may’’; 

24 (ee) by striking ‘‘citizen par25 ent.’’ and inserting ‘‘United 


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1 States citizen or lawful perma2 nent resident parent.’’; and 

3 (ff) by striking ‘‘residence 

4 includes’’ and inserting ‘‘resi5 dence with a parent includes’’; 

6 (V) in clause (v)(I), by inserting 

7 ‘‘or lawful permanent resident’’ after 

8 ‘‘citizen’’; 

9 (VI) in clause (vi)— 

10 (aa) by inserting ‘‘or lawful 

11 permanent resident status’’ after 

12 ‘‘renunciation of citizenship’’; 

13 and 

14 (bb) by inserting ‘‘or lawful 

15 permanent resident’’ after ‘‘abus16 er’s citizenship’’; and 

17 (VII) in clause (viii)(I)— 

18 (aa) by striking ‘‘citizen of 

19 the United States’’ and inserting 

20 ‘‘United States citizen or lawful 

21 permanent resident’’; and 

22 (bb) by inserting ‘‘or lawful 

23 permanent resident’’ after ‘‘the 

24 citizen’’; 

25 (ii) by striking subparagraph (B); 


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1 (iii) in subparagraph (C), by striking 

2 ‘‘subparagraph (A)(iii), (A)(iv), (B)(ii), or 

3 (B)(iii)’’ and inserting ‘‘clause (iii) or (iv) 

4 of subparagraph (A)’’; 

5 (iv) in subparagraph (D)— 

6 (I) in clause (i)(I), by striking 

7 ‘‘clause (iv) of section 204(a)(1)(A) or 

8 section 204(a)(1)(B)(iii)’’ each place 

9 it appears and inserting ‘‘subpara10 graph (A)(iv)’’; 

11 (II) in clause (ii), by striking 

12 ‘‘subparagraph (A)(iii), (A)(iv), (B)(ii) 

13 or (B)(iii)’’ and inserting ‘‘clause (iii) 

14 or (iv) of subparagraph (A)’’; 

15 (III) in clause (iv), by striking 

16 ‘‘subparagraph (A)(iii), (A)(iv), 

17 (B)(ii), or (B)(iii)’’ and inserting 

18 ‘‘clause (iii) or (iv) of subparagraph 

19 (A)’’; and 

20 (IV) in clause (v), by striking ‘‘or 

21 (B)(iii)’’; 

22 (v) in subparagraph (J)— 

23 (I) by striking ‘‘or clause (ii) or 

24 (iii) of subparagraph (B)’’; and 


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1 (II) by striking ‘‘subparagraphs 

2 (C) and (D)’’ and inserting ‘‘subpara3 graphs (B) and (C)’’; and 

4 (vi) by redesignating subparagraphs 

5 (C) through (L) as subparagraphs (B) 

6 through (K), respectively; 

7 (B) in subsection (a), by striking para8 graph (2); 

9 (C) in subsection (h)— 

10 (i) in the first sentence, by striking 

11 ‘‘or a petition filed under subsection 

12 (a)(1)(B)(ii) pursuant to conditions de13 scribed in subsection (a)(1)(A)(iii)(1)’’; 

14 and 

15 (ii) in the second sentence— 

16 (I) by striking ‘‘section 

17 204(a)(1)(B)(ii) or 204(a)(1)(A)(iii)’’ 

18 and inserting ‘‘subsection 

19 (a)(1)(A)(iii)’’; and 

20 (II) by striking ‘‘section 

21 204(a)(1)(A) or in section 

22 204(a)(1)(B)(iii)’’ and inserting ‘‘sub23 section (a)(1)(A)’’; 


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1 (D) in subsection (i)(1), by striking ‘‘sub2 section (a)(4)(D)’’ and inserting ‘‘subsection 

3 (a)(1)(D)’’; 

4 (E) in subsection (j), by striking ‘‘sub5 section (a)(1)(D)’’ and inserting ‘‘subsection 

6 (a)(1)(E)’’; and 

7 (F) in subsection l(1)— 

8 (i) by striking ‘‘who resided in the 

9 United States at the time of the death of 

10 the qualifying relative and who continues 

11 to reside in the United States’’; and 

12 (ii) by striking ‘‘any related applica13 tions,’’ and inserting ‘‘any related applica14 tions (including affidavits of support),’’. 

15 (4) ADDITIONAL CONFORMING AMENDMENTS.— 

16 (A) Section 101(a) of the Immigration and 

17 Nationality Act (8 U.S.C. 1101(a)) is amend18 ed— 

19 (i) in paragraph (50), by striking ‘‘, 

20 204(a)(1)(B)(ii)(II)(aa)(BB),’’; and 

21 (ii) in paragraph (51)— 

22 (I) by striking subparagraph (B); 

23 and 


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1 (II) by redesignating subpara2 graphs (C) through (G) as subpara3 graphs (B) through (F), respectively. 

4 (B) Section 212(a)(4)(C)(i) of the Immi5 gration and Nationality Act (8 U.S.C. 

6 1182(a)(4)(C)(i)) is amended— 

7 (i) by striking subclause (II); and 

8 (ii) by redesignating subclause (III) as 

9 subclause (II). 

10 (C) Section 240(c)(7)(C)(iv)(I) of the Im11 migration and Nationality Act (8 U.S.C. 

12 1229a(c)(7)(C)(iv)(I)) is amended by striking ‘‘, 

13 clause (ii) or (iii) of section 204(a)(1)(B),’’. 

14 SEC. 3103. ADJUSTMENT OF FAMILY-SPONSORED PER15 COUNTRY LIMITS. 

16 Section 202(a) of the Immigration and Nationality 

17 Act (8 U.S.C. 1152(a)) is amended— 

18 (1) in paragraph (2), by striking ‘‘7 percent (in 

19 the case of a single foreign state) or 2 percent’’ and 

20 inserting ‘‘20 percent (in the case of a single foreign 

21 state) or 5 percent’’; and 

22 (2) by amending paragraph (4) to read as fol23 lows: 

24 ‘‘(4) LIMITING PASS DOWN FOR CERTAIN COUN25 TRIES SUBJECT TO SUBSECTION (e).—In the case of 


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1 a foreign state or dependent area to which sub2 section (e) applies, if the total number of visas 

3 issued under section 203(a)(2) exceeds the max4 imum number of visas that may be made available 

5 to immigrants of the state or area under section 

6 203(a)(2) consistent with subsection (e) (determined 

7 without regard to this paragraph), in applying para8 graphs (3) and (4) of section 203(a) under sub9 section (e)(2) all visas shall be deemed to have been 

10 required for the classes specified in paragraphs (1) 

11 and (2) of such section.’’. 

12 SEC. 3104. PROMOTING FAMILY UNITY. 

13 (a) REPEAL OF 3-YEAR, 10-YEAR, AND PERMANENT

14 BARS.—Section 212(a)(9) of the Immigration and Nation15 ality Act (8 U.S.C. 1182(a)(9)) is amended to read as fol16 lows: 

17 ‘‘(9) NONCITIZENS PREVIOUSLY REMOVED.— 

18 ‘‘(A) ARRIVING NONCITIZEN.—Any noncit19 izen who has been ordered removed under sec20 tion 235(b)(1) or at the end of proceedings 

21 under section 240 initiated upon the nonciti22 zen’s arrival in the United States and who 

23 again seeks admission within 5 years of the 

24 date of such removal (or within 20 years in the 

25 case of a second or subsequent removal or at 


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1 any time in the case of a noncitizen convicted 

2 of an aggravated felony) is inadmissible. 

3 ‘‘(B) OTHER NONCITIZENS.—Any noncit4 izen not described in subparagraph (A) who 

5 seeks admission within 10 years of the date of 

6 such noncitizen’s departure or removal (or with7 in 20 years of such date in the case of a second 

8 or subsequent removal or at any time in the 

9 case of a noncitizen convicted of an aggravated 

10 felony) is inadmissible if the noncitizen— 

11 ‘‘(i) has been ordered removed under 

12 section 240 or any other provision of law; 

13 or 

14 ‘‘(ii) departed the United States while 

15 an order of removal was outstanding. 

16 ‘‘(C) EXCEPTION.—Subparagraphs (A) 

17 and (B) shall not apply to a noncitizen seeking 

18 admission within a period if, prior to the date 

19 of the noncitizen’s reembarkation at a place 

20 outside the United States or attempt to be ad21 mitted from foreign contiguous territory, the 

22 Secretary of Homeland Security has consented 

23 to the noncitizen’s reapplying for admission.’’. 


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1 (b) MISREPRESENTATION OF CITIZENSHIP.—The 

2 Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 

3 is amended— 

4 (1) in section 212(a)(6)(C) (8 U.S.C. 

5 1182(a)(6)(C)), by amending clause (ii) to read as 

6 follows: 

7 ‘‘(ii) MISREPRESENTATION OF CITI8 ZENSHIP.— 

9 ‘‘(I) IN GENERAL.—Any noncit10 izen who willfully misrepresents, or 

11 has willfully misrepresented, himself 

12 or herself to be a citizen of the United 

13 States for any purpose or benefit 

14 under this Act (including section 

15 274A) or any Federal or State law is 

16 inadmissible. 

17 ‘‘(II) EXCEPTION.—In the case 

18 of a noncitizen who was under the age 

19 of 21 years at the time of making a 

20 misrepresentation described in sub21 clause (I), the noncitizen shall not be 

22 considered to be inadmissible under 

23 any provision of this subsection based 

24 on such misrepresentation.’’; and 


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1 (2) in section 237(a)(3) (8 U.S.C. 1227(a)(3)), 

2 by amending subparagraph (D) to read as follows: 

3 ‘‘(D) MISREPRESENTATION OF CITIZEN4 SHIP.— 

5 ‘‘(i) IN GENERAL.—Any noncitizen 

6 who willfully misrepresents, or has willfully 

7 misrepresented, himself or herself to be a 

8 citizen of the United States for any pur9 pose or benefit under this Act (including 

10 section 274A) or any Federal or State law 

11 is deportable. 

12 ‘‘(ii) EXCEPTION.—In the case of a 

13 noncitizen who was under the age of 21 

14 years at the time of making a misrepresen15 tation described in clause (i), the noncit16 izen shall not be considered to be deport17 able under any provision of this subsection 

18 based on such misrepresentation.’’. 

19 SEC. 3105. RELIEF FOR ORPHANS, WIDOWS, AND WID20 OWERS. 

21 (a) PROCESSING OF IMMIGRANT VISAS AND DERIVA22 TIVE PETITIONS.— 

23 (1) IN GENERAL.—Section 204(b) of the Immi24 gration and Nationality Act (8 U.S.C. 1154(b)) is 

25 amended— 


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1 (A) by striking ‘‘(b) After an investiga2 tion’’ and inserting the following: 

3 ‘‘(b) APPROVAL OF PETITION.— 

4 ‘‘(1) IN GENERAL.—After an investigation’’; 

5 and 

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

7 ‘‘(2) DEATH OF QUALIFYING RELATIVE.— 

8 ‘‘(A) IN GENERAL.—A noncitizen described 

9 in subparagraph (C) the qualifying relative of 

10 whom dies before the completion of immigrant 

11 visa processing may have an immigrant visa ap12 plication adjudicated as if such death had not 

13 occurred. 

14 ‘‘(B) CONTINUED VALIDITY OF VISA.—An 

15 immigrant visa issued to a noncitizen before the 

16 death of his or her qualifying relative shall re17 main valid after such death. 

18 ‘‘(C) NONCITIZEN DESCRIBED.—A noncit19 izen described in this subparagraph is a noncit20 izen who, at the time of the death of his or her 

21 qualifying relative, was— 

22 ‘‘(i) an immediate relative (as de23 scribed in section 201(b)(2)(A)); 


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1 ‘‘(ii) a family-sponsored immigrant 

2 (as described in subsection (a) or (d) of 

3 section 203); 

4 ‘‘(iii) a derivative beneficiary of an 

5 employment-based immigrant under section 

6 203(b) (as described in section 203(d)); or 

7 ‘‘(iv) the spouse or child of a refugee 

8 (as described in section 207(c)(2)) or an 

9 asylee (as described in section 

10 208(b)(3)).’’. 

11 (2) TRANSITION PERIOD.— 

12 (A) IN GENERAL.—Notwithstanding a de13 nial or revocation of an application for an immi14 grant visa for a noncitizen the qualifying rel15 ative of whom dies before the date of the enact16 ment of this Act, such application may be re17 newed by the noncitizen by a motion to reopen, 

18 without fee. 

19 (B) INAPPLICABILITY OF BARS TO

20 ENTRY.—Notwithstanding section 212(a)(9) of 

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

22 1182(a)(9)), the application for an immigrant 

23 visa of a noncitizen the qualifying relative of 

24 whom died before the date of the enactment of 

25 this Act shall be considered if the noncitizen 


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1 was excluded, deported, removed, or departed 

2 voluntarily before the date of the enactment of 

3 this Act. 

4 (b) ELIGIBILITY FOR PAROLE.—If a noncitizen de5 scribed in section 204(l) of the Immigration and Nation6 ality Act (8 U.S.C. 1154(l)), was excluded, deported, re7 moved, or departed voluntarily before the date of the en8 actment of this Act— 

9 (1) such noncitizen shall be eligible for parole 

10 into the United States pursuant to the Secretary’s 

11 discretionary authority under section 212(d)(5) of 

12 such Act (8 U.S.C. 1182(d)(5)); and 

13 (2) such noncitizen’s application for adjustment 

14 of status shall be considered notwithstanding section 

15 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)). 

16 (c) NATURALIZATION.—Section 319(a) of the Immi17 gration and Nationality Act (8 U.S.C. 1430(a)) is amend18 ed by inserting ‘‘(or, if the spouse is deceased, the spouse 

19 was a citizen of the United States)’’ after ‘‘citizen of the 

20 United States’’. 

21 (d) FAMILY-SPONSORED IMMIGRANTS.—Section 

22 212(a)(4)(C)(i) of the Immigration and Nationality Act 

23 (8 U.S.C. 1182(a)(4)(C)(i)), as amended by section 3102, 

24 is further amended— 


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1 (1) in subclause (I), by striking ‘‘, or’’ and in2 serting a semicolon; and 

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

4 ‘‘(III) status as a surviving rel5 ative under section 204(l); or’’. 

6 SEC. 3106. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR 

7 CERTAIN VETERANS WHO ARE NATIVES OF 

8 THE PHILIPPINES. 

9 (a) SHORT TITLE.—This section may be cited as the 

10 ‘‘Filipino Veterans Family Reunification Act’’. 

11 (b) NONCITIZENS NOT SUBJECT TO DIRECT NUMER12 ICAL LIMITATIONS.—Section 201(b)(1) of the Immigra13 tion and Nationality Act (8 U.S.C. 1151(b)(1)) is amend14 ed by adding at the end the following: 

15 ‘‘(F) Noncitizens who are eligible for an immi16 grant visa under paragraph (1) or (3) of section 

17 203(a) and who have a parent who was naturalized 

18 pursuant to section 405 of the Immigration Act of 

19 1990 (8 U.S.C. 1440 note).’’. 

20 SEC. 3107. FIANCE ́ E OR FIANCE ́ CHILD STATUS PROTEC21 TION. 

22 (a) IN GENERAL.—Section 101(a)(15)(K) of the Im23 migration and Nationality Act (8 U.S.C. 1101(a)(15)(K)) 

24 is amended— 


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1 (1) in clause (ii), by striking ‘‘section 

2 201(b)(2)(A)(i)’’ and inserting ‘‘section 

3 201(b)(2)(A)(i)(I)’’; and 

4 (2) by amending clause (iii) to read as follows: 

5 ‘‘(iii) is the minor child of a noncit6 izen described in clause (i) or (ii) and is 

7 accompanying or following to join the non8 citizen, the age of such child to be deter9 mined as of the date on which the petition 

10 is submitted to the Secretary of Homeland 

11 Security to classify the noncitizen’s parent 

12 as the fiance ́e or fiance ́ of a United States 

13 citizen (in the case of a noncitizen parent 

14 described in clause (i)) or as the spouse of 

15 a United States citizen under section 

16 201(b)(2)(A)(i)(I) (in the case of a noncit17 izen parent described in clause (ii));’’. 

18 (b) ADJUSTMENT OF STATUS AUTHORIZED.—Section 

19 214(d) of the Immigration and Nationality Act (8 U.S.C. 

20 1184(d)) is amended— 

21 (1) by redesignating paragraphs (2) and (3) as 

22 paragraphs (3) and (4), respectively; 

23 (2) in paragraph (1)— 

24 (A) in the third sentence— 


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1 (i) by striking ‘‘paragraph (3)(B)’’ 

2 and inserting ‘‘paragraph (4)(B)’’; and 

3 (ii) by striking ‘‘paragraph (3)(B)(i)’’ 

4 and inserting ‘‘paragraph (4)(B)(i)’’; and 

5 (B) by striking the last sentence; and 

6 (3) by inserting after paragraph (1) the fol7 lowing: 

8 ‘‘(2)(A) If a noncitizen does not marry the petitioner 

9 under paragraph (1) within 90 days after the noncitizen 

10 and the noncitizen’s minor children are admitted into the 

11 United States, such noncitizen and children shall be re12 quired to depart from the United States. If such nonciti13 zens fail to depart from the United States, they shall be 

14 removed in accordance with sections 240 and 241. 

15 ‘‘(B) Subject to subparagraphs (C) and (D), if a non16 citizen marries the petitioner described in section 

17 101(a)(15)(K)(i) within 90 days after the noncitizen and 

18 the noncitizen’s minor children are admitted into the 

19 United States, the Secretary of Homeland Security or the 

20 Attorney General, subject to the provisions of section 

21 245(d), may adjust the status of the noncitizen, and any 

22 minor children accompanying or following to join the non23 citizen, to that of a lawful permanent resident on a condi24 tional basis under section 216 if the noncitizen and any 


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1 such minor children apply for such adjustment and are 

2 not determined to be inadmissible to the United States. 

3 ‘‘(C) Paragraphs (5) and (7)(A) of section 212(a) 

4 shall not apply to a noncitizen who is eligible to apply for 

5 adjustment of status to that of a lawful permanent resi6 dent under this section. 

7 ‘‘(D) A noncitizen eligible for a waiver of inadmis8 sibility as otherwise authorized under this Act shall be per9 mitted to apply for adjustment of status to that of a lawful 

10 permanent resident under this section.’’. 

11 (c) AGE DETERMINATION.—Section 245(d) of the 

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

13 amended— 

14 (1) by inserting ‘‘(1)’’ before ‘‘The Attorney 

15 General’’; and 

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

17 ‘‘(2) A determination of the age of a noncitizen ad18 mitted to the United States under section 

19 101(a)(15)(K)(iii) shall be made, for purposes of adjust20 ment of status to lawful permanent resident on a condi21 tional basis under section 216, using the age of the noncit22 izen on the date on which the petition is submitted to the 

23 Secretary of Homeland Security to classify the nonciti24 zen’s parent as the fiance ́e or fiance ́ of a United States 

25 citizen (in the case of a noncitizen parent admitted to the 


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1 United States under section 101(a)(15)(K)(i)) or as the 

2 spouse of a United States citizen under section 

3 201(b)(2)(A)(i)(I) (in the case of a noncitizen parent ad4 mitted to the United States under section 

5 101(a)(15)(K)(ii)).’’. 

6 (d) EFFECTIVE DATE.— 

7 (1) IN GENERAL.—The amendments made by 

8 this section shall be effective as if included in the 

9 Immigration Marriage Fraud Amendments of 1986 

10 (Public Law 99–639; 100 Stat. 3537). 

11 (2) APPLICABILITY.—The amendments made 

12 by this section shall apply to all petitions or applica13 tions described in such amendments that— 

14 (A) are pending as of the date of the en15 actment of this Act; or 

16 (B) have been denied, but would have been 

17 approved if such amendments had been in effect 

18 at the time of adjudication of the petition or 

19 application. 

20 (3) MOTION TO REOPEN OR RECONSIDER.—A 

21 motion to reopen or reconsider a petition or an ap22 plication described in paragraph (2)(B) shall be 

23 granted if such motion is submitted to the Secretary 

24 or the Attorney General not later than 2 years after 

25 the date of the enactment of this Act. 


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1 SEC. 3108. RETENTION OF PRIORITY DATES. 

2 Section 203 of the Immigration and Nationality Act 

3 (8 U.S.C. 1153) is amended— 

4 (1) in subsection (h), by amending paragraph 

5 (3) to read as follows: 

6 ‘‘(3) RETENTION OF PRIORITY DATE.—If the 

7 age of a noncitizen is determined under paragraph 

8 (1) to be 21 years or older for purposes of sub9 section (d), and a parent of the noncitizen files a 

10 family-based petition for such noncitizen, the pri11 ority date for such petition shall be the original pri12 ority date issued upon receipt of the original family13 based or employment-based petition for which either 

14 parent was a beneficiary.’’; and 

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

16 ‘‘(i) PERMANENT PRIORITY DATES.— 

17 ‘‘(1) IN GENERAL.—The priority date for any 

18 family-based or employment-based petition shall be 

19 the date of filing of the petition with the Secretary 

20 of Homeland Security (or the Secretary of State, if 

21 applicable), unless the filing of the petition was pre22 ceded by the filing of a labor certification with the 

23 Secretary of Labor, in which case that date shall 

24 constitute the priority date. 

25 ‘‘(2) RETENTION OF EARLIEST PRIORITY

26 DATE.—The beneficiary of any petition shall retain 


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1 his or her earliest priority date based on any petition 

2 filed on his or her behalf that was approvable on the 

3 date on which it was filed, regardless of the category 

4 of subsequent petitions.’’. 

5 SEC. 3109. INCLUSION OF PERMANENT PARTNERS. 

6 (a) IMMIGRATION AND NATIONALITY ACT.—Section 

7 101(a) of the Immigration and Nationality Act (8 U.S.C. 

8 1101(a)), as amended by section 1102, is further amended 

9 by adding at the end: 

10 ‘‘(55) PERMANENT PARTNER.— 

11 ‘‘(A) The term ‘permanent partner’ means an 

12 individual 18 years of age or older who— 

13 ‘‘(i) is in a committed, intimate relation14 ship with another individual 18 years of age or 

15 older in which both parties intend a lifelong 

16 commitment; 

17 ‘‘(ii) is financially interdependent with 

18 such other individual, except that the Secretary 

19 of Homeland Security or the Secretary of State 

20 shall have the discretion to waive this require21 ment on a case-by-case basis for good cause; 

22 ‘‘(iii) is not married to or in a permanent 

23 partnership with anyone other than such other 

24 individual; 


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1 ‘‘(iv) is unable, in the jurisdiction of his or 

2 her domicile or the domicile of such other indi3 vidual, to contract with such other individual a 

4 marriage cognizable under this Act; and 

5 ‘‘(v) is not a first-degree, second-degree, or 

6 third-degree blood relation of such other indi7 vidual. 

8 ‘‘(B) Any reference to ‘spouse’, ‘husband’, or 

9 ‘wife’, or to the plurals of such terms, shall be equal10 ly applicable to a permanent partner. 

11 ‘‘(C) Any reference to ‘marriage’, ‘marital 

12 union’, ‘married’, ‘unmarried’, ‘wedlock’, or any 

13 similar term shall be equally applicable to the union 

14 of permanent partners.’’. 

15 (b) OTHER IMMIGRATION LEGISLATION.—The defini16 tion of permanent partner under section 101(a)(55) of the 

17 Immigration and Nationality Act (8 U.S.C. 1101(a)(55)), 

18 as added by subsection (a), and the meanings of the ref19 erences described in that section shall apply to— 

20 (1) the LIFE Act (division B of the Miscella21 neous Appropriations Act, 2001, as enacted into law 

22 by section 1(a)(4) of Public Law 106–554); 

23 (2) the Cuban Adjustment Act (8 U.S.C. 1255 

24 note); and 


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1 (3) the Violence Against Women Act of 2000 

2 (division B of Public Law 106–386; 114 Stat. 

3 1491). 

4 (c) INAPPLICABILITY OF CEREMONY REQUIRE5 MENT.—Paragraph (35) of section 101(a) of the Immigra6 tion and Nationality Act (8 U.S.C. 1101(a)) is amended 

7 by striking ‘‘The term’’ and inserting ‘‘Subject to para8 graph (55), the term’’. 

9 SEC. 3110. DEFINITION OF CHILD. 

10 (a) TITLES I AND II.—Section 101(b)(1) of the Im11 migration and Nationality Act (8 U.S.C. 1101(b)(1)) is 

12 amended— 

13 (1) in subparagraph (B), by striking ‘‘, pro14 vided the child had not reached the age of 18 years 

15 at the time the marriage creating the status of step16 child occurred’’; and 

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

18 ‘‘(H)(i) a biological child of a noncitizen 

19 permanent partner if the child was under the 

20 age of 18 years on the date on which the per21 manent partnership was formed; or 

22 ‘‘(ii) a child adopted by a noncitizen per23 manent partner while under the age of 16 years 

24 if the child— 


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1 ‘‘(I) has been in the legal custody of, 

2 and has resided with, such adoptive parent 

3 for at least 2 years; and 

4 ‘‘(II) was under the age of 18 years at 

5 the time the permanent partnership was 

6 formed.’’. 

7 (b) TITLE III.—Section 101(c) of the Immigration 

8 and Nationality Act (8 U.S.C. 1101(c)) is amended— 

9 (1) in paragraph (1), by inserting ‘‘and an indi10 vidual described in subsection (b)(1)(H)’’ after ‘‘The 

11 term ‘child’ means an unmarried person under twen12 ty-one years of age’’; and 

13 (2) in paragraph (2), by inserting ‘‘and the de14 ceased permanent partner of a deceased parent, fa15 ther, or mother,’’ after ‘‘deceased parent, father, and 

16 mother’’. 

17 SEC. 3111. TERMINATION OF CONDITIONAL PERMANENT 

18 RESIDENT STATUS FOR CERTAIN NONCIT19 IZEN PERMANENT PARTNERS AND SONS AND 

20 DAUGHTERS UPON FINDING QUALIFYING 

21 PERMANENT PARTNERSHIP IMPROPER. 

22 Section 216 of the Immigration and Nationality Act 

23 (8 U.S.C. 1186a) is amended— 

24 (1) in subsection (b)(1)(A)(ii), by inserting ‘‘or 

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1 ered a permanent partnership under this Act,’’ after 

2 ‘‘terminated,’’; 

3 (2) in subsection (c)(4)(B), by striking ‘‘termi4 nated (other than through the death of the spouse)’’ 

5 and inserting ‘‘terminated, or has ceased to satisfy 

6 the criteria for being considered a permanent part7 nership under this Act, other than through the death 

8 of the spouse,’’; and 

9 (3) in subsection (d)(1)(A)(i)(II), by inserting 

10 ‘‘or has not ceased to satisfy the criteria for being 

11 considered a permanent partnership under this Act,’’ 

12 after ‘‘terminated,’’. 

13 SEC. 3112. NATIONALITY AT BIRTH. 

14 Section 301 of the Immigration and Nationality Act 

15 (8 U.S.C. 1401) is amended by adding at the end the fol16 lowing: 

17 ‘‘(i) Any reference to ‘a person born of parents’ in 

18 this section shall include— 

19 ‘‘(1) any legally recognized parent-child rela20 tionship formed within the first year of a person’s 

21 life regardless of any genetic or gestational relation22 ship; 

23 ‘‘(2) either parent of a child born through as24 sisted reproductive technology who is legally recogVerDate Sep 11 2014 21:22 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 E:\BILLS\S348.IS S348

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1 nized as a parent in the relevant jurisdiction regard2 less of any genetic or gestational relationship; and 

3 ‘‘(3) the spouse of a parent at the time of birth, 

4 in any case in which— 

5 ‘‘(A) at least 1 parent is a legally recog6 nized parent; and 

7 ‘‘(B) the marriage occurred before the 

8 child’s birth and is recognized in the United 

9 States, regardless of where the parents reside.’’. 

10 Subtitle B—National Origin-Based 

11 Antidiscrimination for Non12 immigrants 

13 SEC. 3201. EXPANSION OF NONDISCRIMINATION PROVI14 SION. 

15 Section 202(a)(1)(A) of the Immigration and Nation16 ality Act (8 U.S.C. 1152(a)(1)(A)) is amended— 

17 (1) by inserting ‘‘or a nonimmigrant visa, ad18 mission or other entry into the United States, or the 

19 approval or revocation of any immigration benefit’’ 

20 after ‘‘immigrant visa’’; 

21 (2) by inserting ‘‘religion,’’ after ‘‘sex,’’; and 

22 (3) by inserting ‘‘, except if expressly required 

23 by statute, or if a statutorily authorized benefit 

24 takes into consideration such factors’’ before the pe25 riod at the end. 


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1 SEC. 3202. TRANSFER AND LIMITATIONS ON AUTHORITY TO 

2 SUSPEND OR RESTRICT THE ENTRY OF A 

3 CLASS OF NONCITIZENS. 

4 Section 212(f) of the Immigration and Nationality 

5 Act (8 U.S.C. 1182(f)) is amended to read as follows: 

6 ‘‘(f) AUTHORITY TO SUSPEND OR RESTRICT THE

7 ENTRY OF A CLASS OF NONCITIZENS.— 

8 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

9 if the Secretary of State, in consultation with the 

10 Secretary of Homeland Security, determines, based 

11 on specific and credible facts, that the entry of any 

12 noncitizens or any class of noncitizens into the 

13 United States would undermine the security or pub14 lic safety of the United States, or the preservation 

15 of human rights, democratic processes or institu16 tions, or international stability, the President may 

17 temporarily— 

18 ‘‘(A) suspend the entry of such noncitizens 

19 or class of noncitizens as immigrants or non20 immigrants; or 

21 ‘‘(B) impose any restriction on the entry of 

22 such noncitizens that the President considers 

23 appropriate. 

24 ‘‘(2) LIMITATIONS.—In carrying out paragraph 

25 (1), the President, the Secretary of State, and the 

26 Secretary of Homeland Security shall— 


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1 ‘‘(A) issue a suspension or restriction only 

2 to the extent required to address specific acts 

3 implicating a compelling government interest in 

4 a factor identified in paragraph (1); 

5 ‘‘(B) narrowly tailor the suspension or re6 striction, using the least restrictive means, to 

7 achieve such compelling government interest; 

8 ‘‘(C) specify the duration of the suspension 

9 or restriction and set forth evidence justifying 

10 such duration; 

11 ‘‘(D) consider waivers to any class-based 

12 restriction or suspension and apply a rebuttable 

13 presumption in favor of granting family-based 

14 and humanitarian waivers; and 

15 ‘‘(E) comply with all provisions of this Act, 

16 including section 202(a)(1)(A). 

17 ‘‘(3) CONGRESSIONAL NOTIFICATION.— 

18 ‘‘(A) IN GENERAL.—Prior to the President 

19 exercising the authority under paragraph (1), 

20 the Secretary of State and the Secretary of 

21 Homeland Security shall consult Congress and 

22 provide Congress with specific evidence sup23 porting the need for the suspension or restric24 tion and its proposed duration. 


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1 ‘‘(B) BRIEFING AND REPORT.—Not later 

2 than 48 hours after the President exercises the 

3 authority under paragraph (1), the Secretary of 

4 State and the Secretary of Homeland Security 

5 shall provide a briefing and submit a written re6 port to the appropriate committees of Congress 

7 that describes— 

8 ‘‘(i) the action taken pursuant to 

9 paragraph (1) and the specified objective 

10 of such action; and 

11 ‘‘(ii) the estimated number of individ12 uals who will be impacted by such action; 

13 ‘‘(I) the constitutional and legis14 lative authority under which such ac15 tion took place; and 

16 ‘‘(II) the circumstances necessi17 tating such action, including how such 

18 action complies with paragraph (2) 

19 and any intelligence informing such 

20 action. 

21 ‘‘(C) TERMINATION.—If the briefing and 

22 report described in subparagraph (B) are not 

23 provided to the appropriate committees of Con24 gress during the 48-hour period after the Presi25 dent exercises the authority under paragraph 


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1 (1), the suspension or restriction shall imme2 diately terminate absent intervening congres3 sional action. 

4 ‘‘(D) PUBLICATION.—The Secretary of 

5 State and the Secretary of Homeland Security 

6 shall publicly announce and publish an unclassi7 fied version of the report described in subpara8 graph (B) in the Federal Register. 

9 ‘‘(4) JUDICIAL REVIEW.— 

10 ‘‘(A) IN GENERAL.—Notwithstanding any 

11 other provision of law, an individual or entity 

12 who is present in the United States and has 

13 been harmed by a violation of this subsection 

14 may file an action in an appropriate district 

15 court of the United States to seek declaratory 

16 or injunctive relief. 

17 ‘‘(B) CLASS ACTION.—Nothing in this Act 

18 may be construed to preclude an action filed 

19 pursuant to subparagraph (A) from proceeding 

20 as a class action. 

21 ‘‘(5) TREATMENT OF COMMERCIAL AIRLINES.— 

22 If the Secretary of Homeland Security finds that a 

23 commercial airline has failed to comply with regula24 tions of the Secretary relating to requirements of 

25 airlines for the detection of fraudulent documents 


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1 used by passengers traveling to the United States 

2 (including the training of personnel in such detec3 tion), the Secretary may suspend the entry of some 

4 or all noncitizens transported to the United States 

5 by such airline. 

6 ‘‘(6) REPORTING REQUIREMENTS.— 

7 ‘‘(A) IN GENERAL.—Not later than 30 

8 days after the date on which the President exer9 cises the authority under this subsection, and 

10 every 30 days thereafter until the conclusion of 

11 such an exercise of authority, the Secretary of 

12 State, in coordination with the Secretary of 

13 Homeland Security and the heads of other rel14 evant Federal agencies, shall submit to the ap15 propriate committees of Congress a report that 

16 includes the following: 

17 ‘‘(i) For each country affected by such 

18 a suspension or restriction— 

19 ‘‘(I) the total number of individ20 uals who applied for a visa, 

21 disaggregated by visa category; 

22 ‘‘(II) the total number of such 

23 visa applicants who were approved, 

24 disaggregated by visa category; 


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1 ‘‘(III) the total number of such 

2 visa applicants who were refused, 

3 disaggregated by visa category, and 

4 the reasons they were refused; 

5 ‘‘(IV) the total number of such 

6 visa applicants whose applications re7 main pending, disaggregated by visa 

8 category; 

9 ‘‘(V) the total number of such 

10 visa applicants who were granted a 

11 waiver, disaggregated by visa cat12 egory; 

13 ‘‘(VI) the total number of such 

14 visa applicants who were denied a 

15 waiver, disaggregated by visa cat16 egory, and the reasons such waiver re17 quests were denied; and 

18 ‘‘(VII) the total number of refu19 gees admitted. 

20 ‘‘(ii) Specific evidence supporting the 

21 need for the continued exercise of presi22 dential authority under this subsection, in23 cluding the information described in para24 graph (3)(B). 


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1 ‘‘(B) EFFECT OF NONCOMPLIANCE.—If a 

2 report required by subparagraph (A) is not 

3 timely submitted, the suspension or restriction 

4 shall immediately terminate absent intervening 

5 congressional action. 

6 ‘‘(C) FINAL REPORT.—Not later than 30 

7 days after the conclusion of a suspension or re8 striction under this subsection, the Secretary of 

9 State, in coordination with the Secretary of 

10 Homeland Security and the heads of other rel11 evant Federal agencies, shall submit to the ap12 propriate committees of Congress a report that 

13 includes, for the entire period of the suspension 

14 or restriction, the information described clauses 

15 (i) and (ii) of subparagraph (A). 

16 ‘‘(D) FORM; AVAILABILITY.—Each report 

17 required by this paragraph shall be made pub18 licly available on an internet website in unclas19 sified form. 

20 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in 

21 this subsection may be construed to authorize the 

22 President, the Secretary of State, or the Secretary 

23 of Homeland Security to act in a manner incon24 sistent with the policy decisions expressed in the im25 migration laws. 


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1 ‘‘(8) APPROPRIATE COMMITTEES OF CONGRESS

2 DEFINED.—In this subsection, the term ‘appropriate 

3 committees of Congress’ means— 

4 ‘‘(A) the Select Committee on Intelligence, 

5 the Committee on Foreign Relations, the Com6 mittee on the Judiciary, and the Committee on 

7 Homeland Security and Governmental Affairs 

8 of the Senate; and 

9 ‘‘(B) the Permanent Select Committee on 

10 Intelligence, the Committee on Foreign Affairs, 

11 the Committee on the Judiciary, and the Com12 mittee on Homeland Security of the House of 

13 Representatives.’’. 

14 Subtitle C—Diversity Immigrants 

15 SEC. 3301. INCREASING DIVERSITY VISAS. 

16 Section 201(e) of the Immigration and Nationality 

17 Act (8 U.S.C. 1151(e)) is amended by striking ‘‘55,000’’ 

18 and inserting ‘‘80,000’’. 

19 Subtitle D—Reforming 

20 Employment-Based Immigration 

21 SEC. 3401. DOCTORAL STEM GRADUATES FROM ACCRED22 ITED UNITED STATES UNIVERSITIES. 

23 (a) IN GENERAL.—Section 201(b)(1) of the Immi24 gration and Nationality Act (8 U.S.C. 1151(b)(1)), as 


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1 amended by section 3106, is further amended by adding 

2 at the end the following: 

3 ‘‘(G) Noncitizens who have earned a doctoral 

4 degree in a field of science, technology, engineering, 

5 or mathematics from an accredited United States in6 stitution of higher education.’’. 

7 (b) DEFINITIONS.—Section 204 of the Immigration 

8 and Nationality Act (8 U.S.C. 1154) is amended by add9 ing at the end the following: 

10 ‘‘(m) DOCTORAL STEM GRADUATES FROM ACCRED11 ITED UNITED STATES UNIVERSITIES.—For purposes of 

12 section 201(b)(1)— 

13 ‘‘(1) the term ‘field of science, technology, engi14 neering, or mathematics’— 

15 ‘‘(A) means a field included in the Depart16 ment of Education’s Classification of Instruc17 tional Programs taxonomy within the summary 

18 groups of computer and information sciences 

19 and support services, engineering, mathematics 

20 and statistics, physical sciences, and the sum21 mary group subsets of accounting and related 

22 services and taxation; and 

23 ‘‘(B) may include, at the discretion of the 

24 Secretary of Homeland Security, other fields 

25 not specifically referred to in subparagraph (A) 


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1 if the accredited United States institution of 

2 higher education verifies that the core cur3 riculum for the specific field is primarily based 

4 in science, technology, engineering, or mathe5 matics; and 

6 ‘‘(2) the term ‘accredited United States institu7 tion of higher education’ means an institution that— 

8 ‘‘(A)(i) is described in section 101(a) of 

9 the Higher Education Act of 1965 (20 U.S.C. 

10 1001(a)); or 

11 ‘‘(ii) is a proprietary institution of higher 

12 education (as defined in section 102(b) of such 

13 Act (20 U.S.C. 1002(b))); and 

14 ‘‘(B) is accredited by an accrediting body 

15 that is itself accredited by— 

16 ‘‘(i) the Department of Education; or 

17 ‘‘(ii) the Council for Higher Edu18 cation Accreditation.’’. 

19 SEC. 3402. ADDRESSING VISA BACKLOGS. 

20 (a) NONCITIZENS NOT SUBJECT TO DIRECT NUMER21 ICAL LIMITATIONS.—Section 201(b)(1) of the Immigra22 tion and Nationality Act (8 U.S.C. 1151(b)), as amended 

23 by section 3106 and 3401, is further amended by adding 

24 at the end the following: 


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1 ‘‘(H) Noncitizens who are beneficiaries (includ2 ing derivative beneficiaries) of an approved immi3 grant petition bearing a priority date that is more 

4 than 10 years before the noncitizen’s application for 

5 admission as an immigrant or for adjustment of sta6 tus. 

7 ‘‘(I) Noncitizens described in section 203(d).’’. 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 this section shall take effect on the date which is 60 days 

10 after the date of the enactment of this Act. 

11 SEC. 3403. ELIMINATING EMPLOYMENT-BASED PER COUN12 TRY LEVELS. 

13 (a) IN GENERAL.—Section 202(a)(2) of the Immi14 gration and Nationality Act (8 U.S.C. 1152(a)(2)), as 

15 amended by section 3103(a), is further amended— 

16 (1) in the paragraph heading, by striking ‘‘AND

17 EMPLOYMENT-BASED’’; 

18 (2) by striking ‘‘(3), (4), and (5),’’ and insert19 ing ‘‘(3) and (4),’’; 

20 (3) by striking ‘‘subsections (a) and (b) of sec21 tion 203’’ and inserting ‘‘section 203(a)’’; and 

22 (4) by striking ‘‘such subsections’’ and inserting 

23 ‘‘such section’’. 

24 (b) CONFORMING AMENDMENTS.—Section 202 of the 

25 Immigration and Nationality Act (8 U.S.C. 1152), as 


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1 amended by sections 3103, 3201, and subsection (a), is 

2 further amended— 

3 (1) in subsection (a)— 

4 (A) in paragraph (3), by striking ‘‘both 

5 subsections (a) and (b) of section 203’’ and in6 serting ‘‘section 203(a)’’; and 

7 (B) by striking paragraph (5); and 

8 (2) by amending subsection (e) to read as fol9 lows: 

10 ‘‘(e) SPECIAL RULES FOR COUNTRIES AT CEILING.— 

11 If the total number of immigrant visas made available 

12 under section 203(a) to natives of any single foreign state 

13 or dependent area is expected to exceed the numerical lim14 itation specified in subsection (a)(2) in any fiscal year, im15 migrant visas to natives of that state or area under section 

16 203(a) shall be allocated (to the extent practicable and 

17 otherwise consistent with this section and section 203) so 

18 that, except as provided in subsection (a)(4), the propor19 tion of the visa numbers made available under each of 

20 paragraphs (1) through (4) of section 203(a) is equal to 

21 the ratio of the total number of visas made available under 

22 the respective paragraph to the total number of visas made 

23 available under section 203(a).’’. 


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1 (c) COUNTRY-SPECIFIC OFFSET.—Section 2 of the 

2 Chinese Student Protection Act of 1992 (8 U.S.C. 1255 

3 note) is amended— 

4 (1) in subsection (a), by striking ‘‘subsection 

5 (e)’’ and inserting ‘‘subsection (d)’’; 

6 (2) by striking subsection (d); and 

7 (3) by redesignating subsection (e) as sub8 section (d). 

9 (d) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply to fiscal year 2022 and each subse11 quent fiscal year. 

12 SEC. 3404. INCREASED IMMIGRANT VISAS FOR OTHER 

13 WORKERS. 

14 Section 203(b) of the Immigration and Nationality 

15 Act (8 U.S.C. 1153(b)) is amended— 

16 (1) in paragraph (1) by striking ‘‘28.6’’ and in17 serting ‘‘23.55’’; 

18 (2) in paragraph (2)(A) by striking ‘‘28.6’’ and 

19 inserting ‘‘23.55’’; 

20 (3) in paragraph (3)— 

21 (A) in subparagraph (A), in the matter be22 fore clause (i), by striking ‘‘28.6’’ and inserting 

23 ‘‘41.2’’; and 

24 (B) in subparagraph (B), by striking 

25 ‘‘10,000’’ and inserting ‘‘40,000’’; 


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1 (4) in paragraph (4), by striking ‘‘7.1’’ and in2 serting ‘‘5.85’’; and 

3 (5) in paragraph (5)(A), in the matter before 

4 clause (i), by striking ‘‘7.1’’ and inserting ‘‘5.85’’. 

5 SEC. 3405. FLEXIBLE ADJUSTMENTS TO EMPLOYMENT6 BASED IMMIGRANT VISA PROGRAM. 

7 Section 203(b) of the Immigration and Nationality 

8 Act (8 U.S.C. 1153(b)), as amended by section 3404, is 

9 further amended by adding at the end the following: 

10 ‘‘(7) GEOGRAPHIC AND LABOR MARKET AD11 JUSTMENTS.—The Secretary of Homeland Security, 

12 in consultation with the Secretary of Labor, may es13 tablish, by regulation, a procedure for temporarily 

14 limiting the admission of immigrants described in 

15 paragraphs (2) and (3) in geographic areas or labor 

16 market sectors that are experiencing high levels of 

17 unemployment.’’. 

18 SEC. 3406. REGIONAL ECONOMIC DEVELOPMENT IMMI19 GRANT VISA PILOT PROGRAM. 

20 (a) PILOT PROGRAM FOR REGIONAL ECONOMIC DE21 VELOPMENT VISAS.—Notwithstanding the numerical limi22 tations in the Immigration and Nationality Act (8 U.S.C. 

23 1101 et seq.), the Secretary may establish a pilot program 

24 for the annual admission of not more than 10,000 admis25 sible immigrants whose employment is essential to the ecoVerDate Sep 11 2014 21:22 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 E:\BILLS\S348.IS S348

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1 nomic development strategies of the cities or counties in 

2 which they will live or work. 

3 (b) LABOR CERTIFICATION.—The requirements of 

4 section 212(a)(5) of the Immigration and Nationality Act 

5 (8 U.S.C. 1182(a)(5)) shall apply to the pilot program au6 thorized under this section. 

7 (c) DURATION.—The Secretary shall determine the 

8 duration of the pilot program authorized under this sec9 tion, which may not exceed 5 years. 

10 (d) RULEMAKING.—The Secretary, in consultation 

11 with the Secretary of Labor, shall issue regulations to im12 plement the pilot program authorized under this section. 

13 SEC. 3407. WAGE-BASED CONSIDERATION OF TEMPORARY 

14 WORKERS. 

15 Section 212(p) is amended by adding at the end the 

16 following: 

17 ‘‘(5) In determining the order in which visas shall be 

18 made available to nonimmigrants described in section 

19 101(a)(15)(H)(i)(b), and to any other category of non20 immigrants deemed appropriate by the Secretary of 

21 Homeland Security, the Secretary of Homeland Security, 

22 in consultation with the Secretary of Labor, may issue 

23 regulations to establish procedures for prioritizing such 

24 visas based on the wages offered by employers.’’. 


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1 SEC. 3408. CLARIFYING DUAL INTENT FOR POSTSEC2 ONDARY STUDENTS. 

3 (a) IN GENERAL.—Section 101(a)(15)(F)(i) of the 

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

5 1101(a)(15)(F)(i)) is amended by striking ‘‘an alien hav6 ing a residence in a foreign country which he has no inten7 tion of abandoning, who is a bona fide student qualified 

8 to pursue a full course of study and who’’ and inserting 

9 ‘‘a noncitizen who is a bona fide student qualified to pur10 sue a full course of study, who (except for a student quali11 fied to pursue a full course of study at an institution of 

12 higher education) has a residence in a foreign country 

13 which the noncitizen has no intention of abandoning, and 

14 who’’. 

15 (b) CONFORMING AMENDMENTS.—Section 214 of the 

16 Immigration and Nationality Act (8 U.S.C. 1184) is 

17 amended— 

18 (1) in subsection (b), by striking ‘‘(other than 

19 a nonimmigrant’’ and inserting ‘‘(other than a non20 immigrant described in section 101(a)(15)(F) if the 

21 noncitizen is qualified to pursue a full course of 

22 study at an institution of higher education, other 

23 than a nonimmigrant’’; and 

24 (2) in subsection (h), by inserting ‘‘(F) (if the 

25 noncitizen is qualified to pursue a full course of 


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1 study at an institution of higher education),’’ before 

2 ‘‘H(i)(b)’’. 

3 SEC. 3409. H–4 VISA REFORM. 

4 (a) PROTECTING CHILDREN WITH H–4 VISAS WHO

5 AGE OUT OF STATUS.— 

6 (1) IN GENERAL.—Section 214(g)(4) of the Im7 migration and Nationality Act (8 U.S.C. 1184(g)(4)) 

8 is amended to read as follows: 

9 ‘‘(4)(A) Except as provided in subparagraphs 

10 (B) and (C), the period of authorized admission of 

11 a nonimmigrant described in section 

12 101(a)(15)(H)(i)(b) may not exceed 6 years. 

13 ‘‘(B) The Secretary of Homeland Security may 

14 grant an extension of nonimmigrant status under 

15 section 101(a)(15)(H)(i)(b) to a nonimmigrant until 

16 such nonimmigrant’s application for adjustment of 

17 status has been processed if such nonimmigrant— 

18 ‘‘(i) is the beneficiary of a petition filed 

19 under section 204(a) for a preference status 

20 under paragraph (1), (2), or (3) of section 

21 203(b); and 

22 ‘‘(ii) is eligible to be granted such status. 

23 ‘‘(C) A child of a nonimmigrant described in 

24 subparagraph (B) who accompanied or followed to 

25 join such nonimmigrant may apply for and receive 


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1 an extension of his or her nonimmigrant status re2 gardless of age, if— 

3 ‘‘(i) the nonimmigrant parent described in 

4 subparagraph (B) maintains his or her non5 immigrant status; and 

6 ‘‘(ii) the child was younger than 18 years 

7 of age when he or she was first granted non8 immigrant status as a noncitizen accompanying 

9 or following to join such nonimmigrant par10 ent.’’. 

11 (2) CONFORMING AMENDMENT.—Section 

12 203(h) of the Immigration and Nationality Act (8 

13 U.S.C. 1153(h)) is amended by adding at the end 

14 the following: 

15 ‘‘(5) H–4 VISA HOLDERS.—Notwithstanding 

16 paragraph (1), a determination of whether a non17 immigrant described in section 214(g)(4)(C) satisfies 

18 the age requirement for purposes of a derivative visa 

19 or adjustment of status application under paragraph 

20 (1), (2), or (3) of section 203(b) shall be made using 

21 the age of the nonimmigrant on the date on which 

22 the petitioner files a petition on behalf of the parent 

23 beneficiary with the Secretary of Homeland Security 

24 (or the Secretary of State, if applicable), unless the 

25 filing of the petition was preceded by the filing of a 


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1 labor certification with the Secretary of Labor, in 

2 which case that date shall be used to identify the 

3 age of such nonimmigrant.’’. 

4 (b) WORK AUTHORIZATION FOR H–4 NON5 IMMIGRANTS.—Section 214 of the Immigration and Na6 tionality Act (8 U.S.C. 1184), as amended by subsection 

7 (a)(1), is further amended by adding at the end the fol8 lowing: 

9 ‘‘(s) WORK AUTHORIZATION FOR H–4 NON10 IMMIGRANTS.—The Secretary of Homeland Security shall 

11 authorize a nonimmigrant spouse or child who is accom12 panying or following to join a nonimmigrant described in 

13 section 101(a)(15)(H)(i)(b) to engage in employment in 

14 the United States and shall provide such nonimmigrant 

15 spouse or child with an ‘employment authorized’ endorse16 ment or other appropriate work permit.’’. 

17 SEC. 3410. EXTENSIONS RELATED TO PENDING PETITIONS. 

18 Section 214 of the Immigration and Nationality Act 

19 (8 U.S.C. 1184), as amended by sections 1204(b), 

20 3107(b), 3408(b), and 3409, is further amended by add21 ing at the end the following: 

22 ‘‘(t) EXTENSION OF STATUS IN CASES OF LENGTHY

23 ADJUDICATIONS.— 

24 ‘‘(1) EXEMPTION FROM LIMITATIONS.—Not25 withstanding subsections (c)(2)(D), (g)(4), and 


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1 (m)(1)(B)(i), the authorized stay of a noncitizen who 

2 was previously issued a visa or otherwise provided 

3 nonimmigrant status under subparagraph (F), 

4 (H)(i)(B), (L), or (O) of section 101(a)(15) may be 

5 extended pursuant to paragraph (2) if 365 days or 

6 more have elapsed since the filing of— 

7 ‘‘(A) an application for labor certification 

8 under section 212(a)(5)(A) if certification is re9 quired or used by a noncitizen to obtain status 

10 under section 203(b); or 

11 ‘‘(B) a petition described in section 204(b) 

12 to obtain immigrant status under section 

13 203(b). 

14 ‘‘(2) EXTENSION OF STATUS.—The Secretary 

15 of Homeland Security shall extend the stay of a non16 citizen who qualifies for an extension under para17 graph (1) in 1-year increments until a final decision 

18 is made— 

19 ‘‘(A) to deny the application described in 

20 paragraph (1)(A) or, in a case in which such 

21 application is granted, to deny a petition de22 scribed in paragraph (1)(B) filed on behalf of 

23 the noncitizen pursuant to such grant; 

24 ‘‘(B) to deny the petition described in 

25 paragraph (1)(B); or 


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1 ‘‘(C) to grant or deny the noncitizen’s ap2 plication for an immigrant visa or adjustment 

3 of status to that of a noncitizen lawfully admit4 ted for permanent residence. 

5 ‘‘(3) WORK AUTHORIZATION.—The Secretary of 

6 Homeland Security shall authorize any noncitizen 

7 whose stay is extended under this subsection to en8 gage in employment in the United States and pro9 vide such noncitizen with an ‘employment authorized 

10 endorsement’ or other appropriate work permit.’’. 

11 Subtitle E—Promoting Immigrant 

12 and Refugee Integration 

13 SEC. 3501. DEFINITION OF FOUNDATION. 

14 In this subtitle, the term ‘‘Foundation’’ means the 

15 United States Citizenship and Integration Foundation es16 tablished under section 3502. 

17 SEC. 3502. UNITED STATES CITIZENSHIP AND INTEGRATION 

18 FOUNDATION. 

19 (a) ESTABLISHMENT.—The Secretary, acting 

20 through the Director of U.S. Citizenship and Immigration 

21 Services, shall establish a nonprofit corporation or a not22 for-profit, public benefit, or similar entity, which shall be 

23 known as the ‘‘United States Citizenship and Integration 

24 Foundation’’. 


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1 (b) GIFTS TO FOUNDATION.—To carry out the pur2 poses set forth in subsection (c), the Foundation may— 

3 (1) solicit, accept, and make gifts of money and 

4 other property in accordance with section 501(c)(3) 

5 of the Internal Revenue Code of 1986; 

6 (2) engage in coordinated work with the De7 partment of Homeland Security, including U.S. Citi8 zenship and Immigration Services; and 

9 (3) accept, hold, administer, invest, and spend 

10 any gift, devise, or bequest of real or personal prop11 erty made to the Foundation. 

12 (c) PURPOSES.—The purposes of the Foundation 

13 are— 

14 (1) to spur innovation in the promotion and ex15 pansion of citizenship preparation programs for law16 ful permanent residents; 

17 (2) to evaluate and identify best practices in 

18 citizenship promotion and preparation and to make 

19 recommendations to the Secretary about how to 

20 bring such best practices to scale; 

21 (3) to support direct assistance for noncitizens 

22 seeking lawful permanent resident status or natu23 ralization as a United States citizen; and 

24 (4) to coordinate immigrant integration with 

25 State and local entities. 


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1 (d) ACTIVITIES.—The Foundation shall carry out the 

2 purposes described in subsection (c) by— 

3 (1) making United States citizenship instruc4 tion and naturalization application services acces5 sible to low-income and other underserved lawful 

6 permanent resident populations; 

7 (2) developing, identifying, and sharing best 

8 practices in United States citizenship promotion and 

9 preparation; 

10 (3) supporting innovative and creative solutions 

11 to barriers faced by noncitizens seeking naturaliza12 tion; 

13 (4) increasing the use of, and access to, tech14 nology in United States citizenship preparation pro15 grams; 

16 (5) engaging communities receiving immigrants 

17 in the United States citizenship and civic integration 

18 process; 

19 (6) fostering public education and awareness; 

20 (7) coordinating the immigrant integration ef21 forts of the Foundation with such efforts of U.S. 

22 Citizenship and Immigration Services; and 

23 (8) awarding grants to State and local govern24 ments under section 3503. 

25 (e) COUNCIL OF DIRECTORS.— 


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1 (1) MEMBERS.—To the extent consistent with 

2 section 501(c)(3) of the Internal Revenue Code of 

3 1986, the Foundation shall have a council of direc4 tors (referred to in this section as the ‘‘Council’’), 

5 which shall be comprised of— 

6 (A) the Director of U.S. Citizenship and 

7 Immigration Services; and 

8 (B) 10 individuals appointed by the Direc9 tor of U.S. Citizenship and Immigration Serv10 ices. 

11 (2) QUALIFICATIONS.—In appointing individ12 uals under paragraph (1)(B), the Director of U.S. 

13 Citizenship and Immigration Services shall consider 

14 individuals with experience in national private and 

15 public nonprofit organizations that promote and as16 sist lawful permanent residents with naturalization. 

17 (3) TERMS.—A member of the Council de18 scribed in paragraph (1)(B) shall be appointed for a 

19 term of 4 years, except that, of the members first 

20 appointed, 5 members shall be appointed for a term 

21 of 2 years, which may be followed by renewable 4- 

22 year terms. 

23 (f) EXECUTIVE DIRECTOR.— 

24 (1) IN GENERAL.—The Council shall, by major25 ity vote, appoint for 6-year renewable terms an execVerDate Sep 11 2014 21:22 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 E:\BILLS\S348.IS S348

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1 utive director of the Foundation, who shall oversee 

2 the day-to-day operations of the Foundation. 

3 (2) RESPONSIBILITIES.—The executive director 

4 shall carry out the purposes described in subsection 

5 (c) on behalf of the Foundation by— 

6 (A) accepting, holding, administering, in7 vesting, and spending any gift, devise, or be8 quest of real or personal property made to the 

9 Foundation; 

10 (B) entering into contracts and other fi11 nancial assistance agreements with individuals, 

12 public or private organizations, professional so13 cieties, and government agencies to carry out 

14 the purposes of the Foundation; 

15 (C) entering into such other contracts, 

16 leases, cooperative agreements, and other trans17 actions as the executive director considers ap18 propriate to carry out the activities of the 

19 Foundation; and 

20 (D) charging such fees for professional 

21 services furnished by the Foundation as the ex22 ecutive director considers reasonable and appro23 priate. 


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1 (g) TIMELINE.—The Foundation shall be established 

2 and operational not later than 1 year after the date of 

3 the enactment of this Act. 

4 SEC. 3503. PILOT PROGRAM TO PROMOTE IMMIGRANT IN5 TEGRATION AT STATE AND LOCAL LEVELS. 

6 (a) GRANTS AUTHORIZED.—The Chief of the Office 

7 of Citizenship of U.S. Citizenship and Immigration Serv8 ices (referred to in this section as the ‘‘Chief’’) shall estab9 lish a pilot program through which the Chief may award 

10 grants, on a competitive basis, to States and local govern11 ments and other qualifying entities in collaboration with 

12 States and local governments— 

13 (1) to establish new immigrant councils to carry 

14 out programs to integrate new immigrants; and 

15 (2) to carry out programs to integrate new im16 migrants. 

17 (b) QUALIFYING ENTITIES.—Qualifying entities 

18 under this section may include— 

19 (1) an educational institution; 

20 (2) a private organization; 

21 (3) a community-based organization; or 

22 (4) a nonprofit organization. 

23 (c) APPLICATION.—A State or local government, or 

24 other qualifying entity in collaboration with a State or 

25 local government, seeking a grant under this section shall 


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1 submit an application to the Chief at such time, in such 

2 manner, and containing such information as the Chief 

3 may reasonably require, including— 

4 (1) a proposal to carry out 1 or more activities 

5 described in subsection (d)(3); 

6 (2) the estimated number of new immigrants 

7 residing in the geographic area of the applicant; and 

8 (3) a description of the challenges in intro9 ducing and integrating new immigrants into the 

10 State or local community. 

11 (d) ACTIVITIES.—A grant awarded under this sub12 section shall be used— 

13 (1) to form a new immigrant council, which 

14 shall— 

15 (A) consist of not fewer than 15 individ16 uals and not more than 19 representatives of 

17 the State or local government or qualifying or18 ganization, as applicable; 

19 (B) include, to the extent practicable, rep20 resentatives from— 

21 (i) business; 

22 (ii) faith-based organizations; 

23 (iii) civic organizations; 

24 (iv) philanthropic organizations; 


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1 (v) nonprofit organizations, including 

2 nonprofit organizations with legal and ad3 vocacy experience working with immigrant 

4 communities; 

5 (vi) key education stakeholders, such 

6 as State educational agencies, local edu7 cational agencies (as defined in section 

8 8101 of the Elementary and Secondary 

9 Education Act of 1965 (20 U.S.C. 7801)), 

10 community colleges, and teachers; 

11 (vii) State adult education offices; 

12 (viii) State or local public libraries; 

13 and 

14 (ix) State or local governments; and 

15 (C) meet not less frequently than quar16 terly; 

17 (2) to provide subgrants to local communities, 

18 city governments, municipalities, nonprofit organiza19 tions (including veterans’ and patriotic organiza20 tions), or other qualifying entities; 

21 (3) to develop, implement, expand, or enhance 

22 a comprehensive plan to introduce and integrate new 

23 immigrants into the applicable State by— 

24 (A) improving English language skills; 


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1 (B) engaging caretakers with limited 

2 English proficiency in their child’s education 

3 through interactive parent and child literacy ac4 tivities; 

5 (C) improving and expanding access to 

6 workforce training programs; 

7 (D) teaching United States history, civics 

8 education, and citizenship rights and respon9 sibilities; 

10 (E) promoting an understanding of the 

11 form of government and history of the United 

12 States and the principles of the Constitution of 

13 the United States; 

14 (F) improving financial literacy; and 

15 (G) focusing on other key areas of impor16 tance to integration in United States society; 

17 and 

18 (4) to engage communities receiving immigrants 

19 in the citizenship and civic integration process by— 

20 (A) increasing local service capacity; 

21 (B) building meaningful connections be22 tween new immigrants and long-time residents; 

23 (C) communicating the contributions of 

24 communities receiving new immigrants; and 


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1 (D) engaging leaders from all sectors of 

2 the community. 

3 (e) REPORTING AND EVALUATION.— 

4 (1) ANNUAL REPORT.—Not less frequently than 

5 annually, each recipient of a grant under this section 

6 shall submit to the Chief a report that describes, for 

7 the preceding calendar year— 

8 (A) the activities undertaken by the grant 

9 recipient, including the manner in which such 

10 activities meet the goals of the Foundation and 

11 the comprehensive plan referred to in sub12 section (d)(3); 

13 (B) the geographic area being served; 

14 (C) the estimated number of immigrants in 

15 such area; and 

16 (D) the primary languages spoken in such 

17 area. 

18 (2) ANNUAL EVALUATION.—Not less frequently 

19 than annually, the Chief shall conduct an evaluation 

20 of the grant program under this section— 

21 (A) to assess and improve the effectiveness 

22 of the grant program; 

23 (B) to assess the future needs of immi24 grants and of State and local governments with 

25 respect to immigrants; and 


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1 (C) to ensure that grantees, recipients, and 

2 subgrantees are acting within the scope and 

3 purpose of this section. 

4 SEC. 3504. ENGLISH AS A GATEWAY TO INTEGRATION 

5 GRANT PROGRAM. 

6 (a) AUTHORIZATION.—The Assistant Secretary for 

7 Career, Technical, and Adult Education in the Depart8 ment of Education (referred to in this section as the ‘‘As9 sistant Secretary’’) shall award English as a Gateway to 

10 Integration grants to eligible entities. 

11 (b) ELIGIBILITY.—An entity eligible to receive a 

12 grant under this section is a State or unit of local govern13 ment, a private organization, an educational institution, 

14 a community-based organization, or a nonprofit organiza15 tion that— 

16 (1) in the case of any applicant that has pre17 viously received a grant under this section, uses 

18 matching funds from non-Federal sources, which 

19 may include in-kind contributions, equal to 25 per20 cent of the amount received from the English as a 

21 Gateway to Integration program to carry out such 

22 program; 

23 (2) submits to the Assistant Secretary an appli24 cation at such time, in such manner, and containing 


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1 such information as the Assistant Secretary may 

2 reasonably require, including— 

3 (A) a description of the target population 

4 to be served, including demographics, literacy 

5 levels, and English language levels of the target 

6 population; and 

7 (B) the assessment and performance meas8 ures that the grant recipient plans to use to 

9 evaluate the English language learning progress 

10 of students and overall success of the instruc11 tion and program; 

12 (3) demonstrates collaboration with public and 

13 private entities to provide the instruction and assist14 ance described in subsection (c)(1); 

15 (4) provides English language programs that— 

16 (A) teach English language skills to limited 

17 English proficient (LEP) individuals who— 

18 (i) have less than a United States 

19 high school diploma; or 

20 (ii) are parents who are caretakers of 

21 young children; 

22 (B) support and promote the social, eco23 nomic, and civic integration of adult English 

24 language learners and their families; 


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1 (C) equip adult English language learners 

2 for ongoing, independent study and learning be3 yond the classroom or formal instruction; and 

4 (D) incorporate the use of technology to 

5 help students develop digital literacy skills; and 

6 (5) is located in— 

7 (A) 1 of the 10 States with the highest 

8 rate of foreign-born residents; or 

9 (B) a State that has experienced a large 

10 increase in the population of immigrants during 

11 the most recent 10-year period, based on data 

12 compiled by the Office of Immigration Statistics 

13 or the Census Bureau. 

14 (c) USE OF FUNDS.— 

15 (1) IN GENERAL.—Funds awarded under this 

16 section shall be used to provide English language in17 struction to adult English language learners. Such 

18 instruction shall advance the integration of students 

19 to help them— 

20 (A) build their knowledge of United States 

21 history and civics; 

22 (B) prepare for United States citizenship 

23 and the naturalization process; 

24 (C) gain digital literacy; 


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1 (D) understand and navigate the early 

2 childhood, K–12, and postsecondary education 

3 systems; 

4 (E) gain financial literacy; 

5 (F) build an understanding of the housing 

6 market and systems in the United States; 

7 (G) learn about and access the United 

8 States, State, and local health care systems; 

9 (H) prepare for a high school equivalency 

10 diploma or postsecondary training or education; 

11 and 

12 (I) prepare for and secure employment. 

13 (2) DESIGN OF PROGRAM.—Funds awarded 

14 under this section shall be used to support an in15 structional program that may include the following 

16 elements: 

17 (A) English language instruction in a 

18 classroom setting, provided that such setting is 

19 in a geographic location accessible to the popu20 lation served. 

21 (B) Online English language instruction 

22 and distance learning platforms. 

23 (C) Educational support and specialized 

24 instruction for English language learners with 

25 low levels of literacy in their first language. 


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1 (D) Other online and digital components, 

2 including the use of mobile phones. 

3 (d) CERTIFICATION.—To receive a payment under 

4 this section, a participating entity shall submit to the As5 sistant Secretary a certification that the proposed uses of 

6 grant funds by the entity are consistent with this section 

7 and meet all necessary criteria determined by the Assist8 ant Secretary. 

9 (e) ANNUAL REPORT AND EVALUATION.—Not later 

10 than 90 days after the end of each fiscal year for which 

11 an entity receives grant funds under this section, the enti12 ty shall submit to the Assistant Secretary the following: 

13 (1) A report that describes— 

14 (A) the activities undertaken by the entity 

15 that were funded entirely or partially by the 

16 grant funds; 

17 (B) the geographic area served by the 

18 grant funds; 

19 (C) the number of immigrants in such 

20 area; 

21 (D) the primary languages spoken in such 

22 area; 

23 (E) the number of adult English language 

24 learners receiving assistance that was funded 


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1 entirely or partially by grant funds received by 

2 the entity; and 

3 (F) a breakdown of the costs of the in4 struction services provided and the average per 

5 capita cost of providing such instruction. 

6 (2) An evaluation of any program of the entity 

7 using grant funds under this section, including— 

8 (A) an assessment of— 

9 (i) the effectiveness of such program 

10 and recommendations for improving the 

11 program; and 

12 (ii) whether the English language in13 struction needs of the geographic area 

14 served have been met; and 

15 (B) in the case of an assessment under 

16 subparagraph (A)(ii) that such needs have not 

17 been met, a description of the additional assist18 ance required to meet such needs. 

19 (f) DEFINITIONS.—In this section: 

20 (1) ADULT ENGLISH LANGUAGE LEARNER.— 

21 The term ‘‘adult English language learner’’ refers to 

22 an individual age 16 years and older who is not en23 rolled in secondary school and who is limited English 

24 proficient. 


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1 (2) ENGLISH LANGUAGE LEARNER; LIMITED

2 ENGLISH PROFICIENT.—The terms ‘‘English lan3 guage learner’’ and ‘‘limited English proficient’’ de4 scribe an individual who does not speak English as 

5 their primary language and who has a limited ability 

6 to read, speak, write, or understand English. 

7 (3) STATE.—The term ‘‘State’’ means each of 

8 the several States, the District of Columbia, the 

9 Commonwealth of Puerto Rico, the United States 

10 Virgin Islands, Guam, American Samoa, and the 

11 Commonwealth of the Northern Mariana Islands. 

12 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this section 

14 $100,000,000 for fiscal years 2022 through 2023. 

15 SEC. 3505. WORKFORCE DEVELOPMENT AND SHARED 

16 PROSPERITY GRANT PROGRAM. 

17 (a) DECLARATION OF POLICY.—It is the policy of the 

18 United States— 

19 (1) that adults have adequate and equitable ac20 cess to education and workforce programs that— 

21 (A) help them learn basic skills in reading, 

22 writing, mathematics, and the English lan23 guage; and 

24 (B) equip them with occupational skills 

25 needed to secure or advance in employment, fill 


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1 employer needs, and support themselves and 

2 their families; 

3 (2) that helping adults with limited skills to at4 tain industry-recognized postsecondary credentials 

5 strengthens the economy; and 

6 (3) that workforce programs for adults with 

7 limited skills should incorporate an integrated edu8 cation and training approach that allows adults to 

9 acquire basic skills while pursuing occupational or 

10 industry-specific training. 

11 (b) AUTHORIZATION.—The Assistant Secretary for 

12 Career, Technical, and Adult Education at the Depart13 ment of Education (referred to in this section as the ‘‘As14 sistant Secretary’’) shall award Workforce Development 

15 and Shared Prosperity grants, on a competitive basis, to 

16 States or local governments, or other qualifying entities 

17 described in subsection (c) in collaboration with States 

18 and local governments. 

19 (c) QUALIFYING ENTITIES.—Qualifying entities 

20 under this section may include— 

21 (1) an educational institution; 

22 (2) a private organization; 

23 (3) a community-based organization; or 

24 (4) a nonprofit organization. 


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1 (d) ELIGIBILITY.—A State or local government, or a 

2 qualifying entity in collaboration with a State or local gov3 ernment, is eligible to receive a grant under this section 

4 provided that the State or local government or entity— 

5 (1) supports and promotes the economic inte6 gration of immigrants and refugees and their fami7 lies; 

8 (2) has expertise in workforce development and 

9 adult education for the purpose of developing and 

10 implementing State or local programs of integrated 

11 education and training; 

12 (3) in carrying out the grant program, has, or 

13 collaborates with at least 1 entity that has— 

14 (A) expertise in workforce development for 

15 immigrants and refugees; and 

16 (B) expertise in adult education of immi17 grants and refugees; 

18 (4) uses matching funds from non-Federal 

19 sources, which may include in-kind contributions, 

20 equal to 25 percent of the amount received from the 

21 Workforce Development and Shared Prosperity 

22 grant program; and 

23 (5) submits to the Assistant Secretary an appli24 cation at such time, in such manner, and containing 


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1 such information as the Assistant Secretary may 

2 reasonably require, including— 

3 (A) a description of the target population 

4 to be served, including demographics, English 

5 language levels, educational levels, and skill lev6 els; 

7 (B) the specific integrated education and 

8 training instructional model to be implemented; 

9 (C) how the program will be designed and 

10 implemented by educators with expertise in 

11 adult education, English language instruction, 

12 and occupational skills training; 

13 (D) how the program will prepare students 

14 to receive a high school equivalency credential; 

15 (E) how the program will prepare students 

16 to receive a postsecondary credential; 

17 (F) the occupations or industries for which 

18 the program will prepare students for employ19 ment; 

20 (G) evidence of employer demand for the 

21 skills or occupational training offered by the 

22 grant program; 

23 (H) the extent to which the program re24 duces the time required for students to acquire 

25 English and workforce skills; 


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1 (I) how the program will increase digital 

2 literacy skills; 

3 (J) how the program will provide student 

4 support services, including guidance counseling, 

5 so as to promote student success; and 

6 (K) the assessment and performance meas7 ures that the grant recipient plans to use to 

8 evaluate— 

9 (i) the progress of adult learners in 

10 acquiring basic skills such as reading, writ11 ing, mathematics, and the English lan12 guage; and 

13 (ii) the success of the grant program 

14 in preparing students for employment and 

15 in helping them find employment or ad16 vance in employment. 

17 (e) CERTIFICATION.—To receive a payment under 

18 this section, a participating entity shall submit to the As19 sistant Secretary a certification that the proposed uses of 

20 grant funds by the entity are consistent with this section 

21 and meet all necessary criteria determined by the Assist22 ant Secretary. 

23 (f) TECHNICAL ASSISTANCE.—The Assistant Sec24 retary shall provide technical assistance to adult education 


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1 providers on how to provide integrated education and 

2 training. 

3 (g) ANNUAL REPORT AND EVALUATION.—Not later 

4 than 90 days after the end of each fiscal year for which 

5 an entity receives grant funds under this section, the enti6 ty shall submit to the Assistant Secretary the following: 

7 (1) A report that describes— 

8 (A) the activities undertaken by the entity 

9 that were funded entirely or partially by the 

10 grant funds; 

11 (B) the geographic area served by the 

12 grant funds; 

13 (C) the number of immigrants in such 

14 area; 

15 (D) the primary languages spoken in such 

16 area; and 

17 (E) a breakdown of the costs of each of 

18 the services provided and the average per capita 

19 cost of providing such services. 

20 (2) An evaluation of any program of the entity 

21 using grant funds under this section, including— 

22 (A) an assessment of— 

23 (i) the effectiveness of such program 

24 and recommendations for improving the 

25 program; and 


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1 (ii) whether the adult education and 

2 workforce development needs of the geo3 graphic area served have been met; and 

4 (B) in the case of an assessment under 

5 subparagraph (A)(ii) that such needs have not 

6 been met, a description of the additional assist7 ance required to meet such needs. 

8 (h) DEFINITIONS.—In this section: 

9 (1) ADULT EDUCATION.—The term ‘‘adult edu10 cation’’ means academic instruction and education 

11 services below the postsecondary level that increase 

12 an individual’s ability to read, write, speak, and un13 derstand English and perform mathematical or other 

14 activities necessary to attain a secondary school di15 ploma or its recognized equivalent, to transition to 

16 postsecondary education and training, or to obtain 

17 employment. 

18 (2) INTEGRATED EDUCATION AND TRAINING.— 

19 The term ‘‘integrated education and training’’ 

20 means instruction that provides adult education, lit21 eracy, and English language activities concurrently 

22 and contextually with workforce preparation activi23 ties and workforce training for a specific occupation 

24 or occupational cluster for the purpose of edu25 cational and career advancement. 


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1 (3) STATE.—The term ‘‘State’’ means each of 

2 the several States, the District of Columbia, the 

3 Commonwealth of Puerto Rico, the United States 

4 Virgin Islands, Guam, American Samoa, and the 

5 Commonwealth of the Northern Mariana Islands. 

6 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to carry out this section 

8 $100,000,000 for fiscal years 2022 through 2023. 

9 SEC. 3506. EXISTING CITIZENSHIP EDUCATION GRANTS. 

10 (a) IN GENERAL.—There is authorized to be appro11 priated to the Secretary not less than $25,000,000 for the 

12 purpose of awarding grants to public or private nonprofit 

13 entities for citizenship education and training (as de14 scribed in number 97.010 of the Catalog of Federal Do15 mestic Assistance), to remain available until expended. 

16 (b) CONSIDERATION OF GRANT RECIPIENTS.—With 

17 respect to grants administered and awarded to public or 

18 private nonprofit organizations by the Secretary, unless 

19 otherwise required by law, in making determinations about 

20 such grants, the Secretary may not consider an entity’s 

21 enrollment in or use of the E-Verify Program described 

22 in section 403(a) of the Illegal Immigration Reform and 

23 Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 

24 note). 


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1 SEC. 3507. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI2 CANTS. 

3 (a) ESTABLISHMENT.—The Secretary shall establish, 

4 within U.S. Citizenship and Immigration Services, a pro5 gram to award grants, on a competitive basis, to eligible 

6 nonprofit organizations to carry out a program described 

7 in subsection (c) for the purpose of assisting applicants 

8 for status under sections 245B, 245C, 245D, 245E, and 

9 245F of the Immigration and Nationality Act. 

10 (b) ELIGIBLE NONPROFIT ORGANIZATION.—A non11 profit organization eligible to receive a grant under this 

12 section is a nonprofit tax-exempt organization, including 

13 a community, faith-based, or other immigrant-serving or14 ganization, the staff of which has demonstrated qualifica15 tions, experience, and expertise in providing quality serv16 ices to immigrants, refugees, noncitizens granted asylum, 

17 or noncitizens applying for such statuses. 

18 (c) USE OF FUNDS.—Grant funds awarded under 

19 this section may be used for the design and implementa20 tion of programs that provide— 

21 (1) information to the public relating to eligi22 bility for and benefits of lawful prospective immi23 grant status under section 245B of the Immigration 

24 and Nationality Act, particularly to individuals who 

25 may be eligible for such status; 


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1 (2) assistance, within the scope of authorized 

2 practice of immigration law, to individuals in sub3 mitting applications for lawful prospective immi4 grant status, including— 

5 (A) screening prospective applicants to as6 sess eligibility for such status; 

7 (B) completing applications and petitions, 

8 including providing assistance in obtaining the 

9 requisite documents and supporting evidence; 

10 (C) applying for any waivers for which ap11 plicants and qualifying family members may be 

12 eligible; and 

13 (D) providing any other assistance that the 

14 Secretary or grantees consider useful or nec15 essary in applying for lawful prospective immi16 grant status; 

17 (3) assistance, within the scope of authorized 

18 practice of immigration law, to individuals seeking to 

19 adjust their status to that of a lawful permanent 

20 resident under section 245C, 245D, 245E, or 245F 

21 of the Immigration and Nationality Act; 

22 (4) instruction to individuals with respect to— 

23 (A) the rights and responsibilities of 

24 United States citizenship; and 


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1 (B) civics and civics-based English as a 

2 second language; and 

3 (5) assistance, within the scope of authorized 

4 practice of immigration law, to individuals seeking to 

5 apply for United States citizenship. 

6 (d) SOURCE OF GRANT FUNDS.—To carry out this 

7 section, the Secretary may use not more than $50,000,000 

8 from the Immigration Examinations Fee Account pursu9 ant to section 286(m) of the Immigration and Nationality 

10 Act (U.S.C. 1356(m)). 

11 (e) AVAILABILITY OF APPROPRIATIONS.—Any 

12 amounts appropriated to carry out this section shall re13 main available until expended. 

14 SEC. 3508. STUDY ON FACTORS AFFECTING EMPLOYMENT 

15 OPPORTUNITIES FOR IMMIGRANTS AND REF16 UGEES WITH PROFESSIONAL CREDENTIALS 

17 OBTAINED IN FOREIGN COUNTRIES. 

18 (a) IN GENERAL.—The Secretary of Labor, in coordi19 nation with the Secretary of State, the Secretary of Edu20 cation, the Secretary of Health and Human Services, the 

21 Secretary of Commerce, the Secretary, the Administrator 

22 of the Internal Revenue Service, and the Commissioner of 

23 the Social Security Administration, shall conduct a study 

24 on the factors affecting employment opportunities in the 

25 United States for applicable immigrants and refugees with 


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1 professional credentials obtained in countries other than 

2 the United States. 

3 (b) ELEMENTS.—The study required by subsection 

4 (a) shall include the following: 

5 (1) An analysis of the employment history of 

6 applicable immigrants and refugees admitted to the 

7 United States during the most recent 5-year period 

8 for which data are available at the time of the study, 

9 including, to the extent practicable— 

10 (A) an analysis of the employment held by 

11 applicable immigrants and refugees before im12 migrating to the United States as compared to 

13 the employment obtained in the United States, 

14 if any, since the arrival of such applicable immi15 grants and refugees; and 

16 (B) a consideration of the occupational and 

17 professional credentials and academic degrees 

18 held by applicable immigrants and refugees be19 fore immigrating to the United States. 

20 (2) An assessment of any barrier that prevents 

21 applicable immigrants and refugees from using occu22 pational experience obtained outside the United 

23 States to obtain employment in the United States. 

24 (3) An analysis of existing public and private 

25 resources available to assist applicable immigrants 


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1 and refugees who have professional experience and 

2 qualifications obtained outside the United States in 

3 using such professional experience and qualifications 

4 to obtain skills-appropriate employment opportuni5 ties in the United States. 

6 (4) Policy recommendations for better enabling 

7 applicable immigrants and refugees who have profes8 sional experience and qualifications obtained outside 

9 the United States to use such professional experi10 ence and qualifications to obtain skills-appropriate 

11 employment opportunities in the United States. 

12 (c) COLLABORATION WITH NONPROFIT ORGANIZA13 TIONS AND STATE AGENCIES.—In conducting the study 

14 required by subsection (a), the Secretary of Labor shall 

15 seek to collaborate with relevant nonprofit organizations 

16 and State agencies to use the existing data and resources 

17 of such entities. 

18 (d) APPLICABLE IMMIGRANTS AND REFUGEES.—In 

19 this section, the term ‘‘applicable immigrants and refu20 gees’’ means— 

21 (1) noncitizens who are lawfully present and 

22 authorized to be employed in the United States; and 

23 (2) citizens of the United States born outside 

24 the United States and its outlying possessions. 


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1 SEC. 3509. IN-STATE TUITION RATES FOR REFUGEES, 

2 ASYLEES, AND CERTAIN SPECIAL IMMI3 GRANTS. 

4 (a) IN GENERAL.—The Higher Education Act of 

5 1965 (20 U.S.C. 1001 et seq.) is amended by inserting 

6 after section 135 the following: 

7 ‘‘SEC. 135A. IN-STATE TUITION RATES FOR REFUGEES, 

8 ASYLEES, AND CERTAIN SPECIAL IMMI9 GRANTS. 

10 ‘‘(a) REQUIREMENT.—In the case of a noncitizen de11 scribed in subsection (b) whose domicile is in a State that 

12 receives assistance under this Act, such State shall not 

13 charge such noncitizen tuition for attendance at a public 

14 institution of higher education in the State at a rate that 

15 is greater than the rate charged for residents of the State. 

16 ‘‘(b) NONCITIZEN DESCRIBED.—A noncitizen is de17 scribed in this subsection if the noncitizen was granted— 

18 ‘‘(1) refugee status and admitted to the United 

19 States under section 207 of the Immigration and 

20 Nationality Act (8 U.S.C. 1157); 

21 ‘‘(2) asylum under section 208 of such Act (8 

22 U.S.C. 1158); or 

23 ‘‘(3) special immigrant status under section 

24 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) pur25 suant to— 


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1 ‘‘(A) section 1244 of the National Defense 

2 Authorization Act for Fiscal Year 2008 (8 

3 U.S.C. 1157 note); 

4 ‘‘(B) section 1059 of the National Defense 

5 Authorization Act for Fiscal Year 2006 (8 

6 U.S.C. 1101 note); or 

7 ‘‘(C) section 602 of the Afghan Allies Pro8 tection Act of 2009 (8 U.S.C. 1101 note). 

9 ‘‘(c) LIMITATIONS.—The requirement under sub10 section (a) shall apply with respect to a noncitizen only 

11 until the noncitizen has established residency in the State, 

12 and only with respect to the first State in which the non13 citizen was first domiciled after being admitted into the 

14 United States as a refugee or special immigrant or being 

15 granted asylum. 

16 ‘‘(d) EFFECTIVE DATE.—This section shall take ef17 fect at each public institution of higher education in a 

18 State that receives assistance under this Act for the first 

19 period of enrollment at such institution that begins after 

20 January 1, 2021.’’. 

21 (b) CONFORMING AMENDMENT.—The table of con22 tents for the Higher Education Act of 1965 (20 U.S.C. 

23 1001 et seq.) is amended by inserting after the item relat24 ing to section 135 the following: 

‘‘Sec. 135A. In-State tuition rates for refugees, asylees, and certain special immigrants.’’. 


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1 SEC. 3510. WAIVER OF ENGLISH REQUIREMENT FOR SEN2 IOR NEW AMERICANS. 

3 Section 312 (8 U.S.C. 1423) is amended by striking 

4 subsection (b) and inserting the following: 

5 ‘‘(b) The requirements under subsection (a) shall not 

6 apply to any person who— 

7 ‘‘(1) is unable to comply with such require8 ments because of physical or mental disability, in9 cluding developmental or intellectual disability; or 

10 ‘‘(2) on the date on which the person’s applica11 tion for naturalization is submitted under section 

12 334— 

13 ‘‘(A) is older than 65 years of age; and 

14 ‘‘(B) has been living in the United States 

15 for 1 or more periods totaling not less than 5 

16 years after being lawfully admitted for perma17 nent residence. 

18 ‘‘(c) The requirement under subsection (a)(1) shall 

19 not apply to any person who, on the date on which the 

20 person’s application for naturalization is submitted under 

21 section 334— 

22 ‘‘(1) is older than 50 years of age and has been 

23 living in the United States for 1 or more periods to24 taling not less than 20 years after being lawfully ad25 mitted for permanent residence; 


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1 ‘‘(2) is older than 55 years of age and has been 

2 living in the United States for 1 or more periods to3 taling not less than 15 years after being lawfully ad4 mitted for permanent residence; or 

5 ‘‘(3) is older than 60 years of age and has been 

6 living in the United States for 1 or more periods to7 taling not less than 10 years after being lawfully ad8 mitted for permanent residence. 

9 ‘‘(d) The Secretary of Homeland Security may waive, 

10 on a case-by-case basis, the requirement under subsection 

11 (a)(2) for any person who, on the date on which the per12 son’s application for naturalization is submitted under sec13 tion 334— 

14 ‘‘(1) is older than 60 years of age; and 

15 ‘‘(2) has been living in the United States for 1 

16 or more periods totaling not less than 10 years after 

17 being lawfully admitted for permanent residence.’’. 

18 SEC. 3511. NATURALIZATION FOR CERTAIN UNITED STATES 

19 HIGH SCHOOL GRADUATES. 

20 (a) IN GENERAL.—Title III of the Immigration and 

21 Nationality Act (8 U.S.C. 1401 et seq.) is amended by 

22 inserting after section 320 the following: 


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1 ‘‘SEC. 321. CITIZENSHIP FOR CERTAIN UNITED STATES 

2 HIGH SCHOOL GRADUATES. 

3 ‘‘(a) REQUIREMENTS CONSIDERED SATISFIED.—In 

4 the case of a noncitizen described in subsection (b), the 

5 noncitizen shall be considered to have satisfied the require6 ments of section 312(a). 

7 ‘‘(b) NONCITIZEN DESCRIBED.—A noncitizen is de8 scribed in this subsection if the noncitizen submits an ap9 plication for naturalization under section 334 that con10 tains the following: 

11 ‘‘(1) Transcripts from public or private schools 

12 in the United States that demonstrate the following: 

13 ‘‘(A) The noncitizen completed grades 9 

14 through 12 in the United States and graduated 

15 with a high school diploma. 

16 ‘‘(B) The noncitizen completed a cur17 riculum that reflects knowledge of United 

18 States history, government, and civics. 

19 ‘‘(2) A copy of the noncitizen’s high school di20 ploma.’’. 

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

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

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

24 to section 320 the following: 

‘‘Sec. 321. Citizenship for certain United States high school graduates.’’. 


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1 (c) APPLICABILITY.—The amendments made by this 

2 section shall take effect on the date of the enactment of 

3 this Act and shall apply to applicants for naturalization 

4 who apply for naturalization on or after such date. 

5 (d) REGULATIONS.—Not later than 180 days after 

6 the date of the enactment of this Act, the Secretary shall 

7 promulgate regulations to carry out this section and the 

8 amendments made by this section. 

9 SEC. 3512. NATURALIZATION CEREMONIES. 

10 (a) IN GENERAL.—The Chief of the Office of Citizen11 ship of U.S. Citizenship and Immigration Services, in con12 sultation with the Director of the National Park Service, 

13 the Archivist of the United States, and other appropriate 

14 Federal officials, shall develop and implement a strategy 

15 to enhance public awareness of naturalization ceremonies. 

16 (b) VENUES.—In developing the strategy under sub17 section (a), the Chief of the Office of Citizenship of U.S. 

18 Citizenship and Immigration Services shall consider the 

19 use of outstanding and historic locations as venues for se20 lect naturalization ceremonies. 

21 SEC. 3513. NATIONAL CITIZENSHIP PROMOTION PROGRAM. 

22 (a) ESTABLISHMENT.—Not later than 1 year after 

23 the date of the enactment of this Act, the Secretary shall 

24 establish a program to promote United States citizenship. 


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1 (b) ACTIVITIES.—As part of the program required by 

2 subsection (a), the Secretary shall carry out outreach ac3 tivities in accordance with subsection (c). 

4 (c) OUTREACH.—The Secretary shall— 

5 (1) develop outreach materials targeted to non6 citizens who have been lawfully admitted for perma7 nent residence to encourage such noncitizens to 

8 apply to become citizens of the United States; 

9 (2) make such outreach materials available 

10 through— 

11 (A) public service announcements; 

12 (B) advertisements; and 

13 (C) such other media as the Secretary con14 siders appropriate; and 

15 (3) conduct outreach activities targeted to non16 citizens eligible to apply for naturalization, including 

17 communication by text, email, and the United States 

18 Postal Service, that provides, on paper or in elec19 tronic form— 

20 (A) notice that the individual is possibly el21 igible to apply for naturalization; 

22 (B) information about the requirements of 

23 United States citizenship; 

24 (C) information about the benefits of 

25 United States citizenship; 


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1 (D) a pre-filled naturalization application 

2 containing the data the agency already has 

3 about the individual; 

4 (E) instructions on how to complete the 

5 application; and 

6 (F) resources for free or low-cost assist7 ance with applying for naturalization and pre8 paring for the English and civics exams. 

9 SEC. 3514. AUTHORIZATION OF APPROPRIATIONS FOR 

10 FOUNDATION AND PILOT PROGRAM. 

11 (a) IN GENERAL.—There are authorized to be appro12 priated for the first 2 fiscal years after the date of the 

13 enactment of this Act such sums as may be necessary to 

14 establish the Foundation and carry out the pilot program 

15 under section 3502. 

16 (b) USE OF FUNDS.—Amounts appropriated to es17 tablish the Foundation and carry out the pilot program 

18 under section 3502 may be invested, and any amounts re19 sulting from such investments shall remain available for 

20 the operations of the Foundation and the pilot program 

21 without further appropriation. 


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1 TITLE IV—IMMIGRATION 

2 COURTS, FAMILY VALUES, 

3 AND VULNERABLE INDIVID4 UALS 

5 Subtitle A—Promoting Efficient 

6 Processing of Asylum Seekers, 

7 Addressing Immigration Court 

8 Backlogs, and Efficiently Repa9 triating Migrants Ordered Re10 moved 

11 SEC. 4101. EXPANDING ALTERNATIVES TO DETENTION. 

12 (a) FAMILY CASE MANAGEMENT PROGRAM.—The 

13 Secretary shall— 

14 (1) expand the use of the family case manage15 ment program (described in section 218 of the De16 partment of Homeland Security Appropriations Act, 

17 2020 (8 U.S.C. 1378a)) for apprehended noncitizens 

18 who are members of family units arriving in the 

19 United States; and 

20 (2) develop additional community-based pro21 grams to increase the number of enrollees in the al22 ternatives to detention program. 

23 (b) NONPROFIT ENTITY CONTRACTING PARTNER.— 

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1 gram, including the family case management program and 

2 other community-based programs described in subsection 

3 (a). 

4 (c) LEGAL ORIENTATION.—The Secretary shall en5 sure that enrollees in the alternatives to detention pro6 gram, including the family case management program and 

7 other community-based programs described in subsection 

8 (a), are provided a legal orientation consistent with the 

9 program elements described in section 4105(a)(2). 

10 SEC. 4102. ELIMINATING IMMIGRATION COURT BACKLOGS. 

11 (a) ADDRESSING IMMIGRATION JUDGE SHORT12 AGES.—The Attorney General shall increase the total 

13 number of immigration judges by not fewer than 55 

14 judges during each of fiscal years 2021, 2022, 2023, and 

15 2024. 

16 (b) QUALIFICATIONS AND SELECTION.—The Attor17 ney General shall— 

18 (1) ensure that all newly hired immigration 

19 judges and members of the Board of Immigration 

20 Appeals are— 

21 (A) highly qualified experts on immigration 

22 law; and 

23 (B) trained to conduct fair, impartial adju24 dications in accordance with applicable due 

25 process requirements; and 


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1 (2) with respect to immigration judges and 

2 members of the Board of Immigration Appeals, to 

3 the extent practicable, strive to achieve an equal nu4 merical balance in the hiring of candidates with Gov5 ernment experience in immigration and candidates 

6 with sufficient knowledge or experience in immigra7 tion in the private sector, including nonprofit, pri8 vate bar, or academic experience. 

9 (c) ADDRESSING SUPPORT STAFF SHORTAGES.— 

10 Subject to the availability of funds made available in ad11 vance in appropriations Acts, the Attorney General shall 

12 ensure that each immigration judge has sufficient support 

13 staff, adequate technological and security resources, and 

14 appropriate courtroom facilities. 

15 (d) ADDITIONAL BOARD OF IMMIGRATION APPEALS

16 PERSONNEL.—The Attorney General shall increase the 

17 number of Board of Immigration Appeals staff attorneys 

18 (including necessary additional support staff) to efficiently 

19 process cases by not fewer than 23 attorneys during each 

20 of fiscal years 2021, 2022, and 2023. 

21 (e) GAO REPORT.—The Comptroller General of the 

22 United States shall— 

23 (1) conduct a study of the impediments to effi24 cient hiring of immigration court judges within the 

25 Department of Justice; and 


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1 (2) propose solutions to Congress for improving 

2 the efficiency of the hiring process. 

3 SEC. 4103. IMPROVED TRAINING FOR IMMIGRATION 

4 JUDGES AND MEMBERS OF THE BOARD OF 

5 IMMIGRATION APPEALS. 

6 (a) IN GENERAL.—To ensure efficient and fair pro7 ceedings, the Director of the Executive Office for Immi8 gration Review shall establish or expand, as applicable, 

9 training programs for immigration judges and members 

10 of the Board of Immigration Appeals. 

11 (b) MANDATORY TRAINING.—Training referred to 

12 under subsection (a) shall include the following: 

13 (1) Expansion of the training program for new 

14 immigration judges and members of the Board of 

15 Immigration Appeals to include age sensitivity, gen16 der sensitivity, and trauma sensitivity. 

17 (2) Continuing education regarding current de18 velopments in immigration law, including through 

19 regularly available training resources and an annual 

20 conference. 

21 (3) Training on properly crafting and dictating 

22 decisions and standards of review, including im23 proved on-bench reference materials and decision 

24 templates. 


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1 SEC. 4104. NEW TECHNOLOGY TO IMPROVE COURT EFFI2 CIENCY. 

3 The Director of the Executive Office for Immigration 

4 Review shall modernize its case management, video-tele5 conferencing, digital audio recording, and related elec6 tronic and computer-based systems, including by allowing 

7 for electronic filing, to improve efficiency in the processing 

8 of immigration proceedings. 

9 SEC. 4105. COURT APPEARANCE COMPLIANCE AND LEGAL 

10 ORIENTATION. 

11 (a) ACCESS TO LEGAL ORIENTATION PROGRAMS TO

12 ENSURE COURT APPEARANCE COMPLIANCE.— 

13 (1) IN GENERAL.—The Secretary, in consulta14 tion with the Attorney General, shall establish proce15 dures to ensure that legal orientation programs are 

16 available for all noncitizens detained by the Sec17 retary. 

18 (2) PROGRAM ELEMENTS.—Programs under 

19 paragraph (1) shall provide information to nonciti20 zens regarding the following: 

21 (A) The basic procedures of immigration 

22 hearings. 

23 (B) The rights and obligations of nonciti24 zens relating to immigration hearings, including 

25 the consequences of filing frivolous legal claims 

26 and of failing to appear for proceedings. 


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1 (C) Legal protections available to nonciti2 zens and the procedures for requesting such 

3 protections. 

4 (D) Legal resources available to nonciti5 zens and lists of potential legal services pro6 viders. 

7 (E) Any other subject the Attorney Gen8 eral considers necessary and appropriate. 

9 (3) ELIGIBILITY.—A noncitizen shall be given 

10 access to legal orientation programs under this sub11 section regardless of the noncitizen’s current immi12 gration status, prior immigration history, or poten13 tial for immigration relief. 

14 (b) EXPANSION OF THE INFORMATION HELP DESK

15 PROGRAM FOR NONDETAINED NONCITIZENS IN REMOVAL

16 PROCEEDINGS.—The Attorney General shall expand the 

17 information help desk program to all immigration courts 

18 so as to provide noncitizens who are not detained and who 

19 have pending asylum claims access to information relating 

20 to their immigration status. 

21 SEC. 4106. IMPROVING COURT EFFICIENCY AND REDUCING 

22 COSTS BY INCREASING ACCESS TO LEGAL IN23 FORMATION. 

24 (a) APPOINTMENT OF COUNSEL IN CERTAIN CASES; 

25 RIGHT TO REVIEW CERTAIN DOCUMENTS IN REMOVAL


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1 PROCEEDINGS.—Section 240(b) of the Immigration and 

2 Nationality Act (8 U.S.C. 1229a(b)) is amended— 

3 (1) in paragraph (4)— 

4 (A) in subparagraph (A)— 

5 (i) by striking ‘‘, at no expense to the 

6 Government,’’; and 

7 (ii) by striking the comma at the end 

8 and inserting a semicolon; 

9 (B) by redesignating subparagraphs (B) 

10 and (C) as subparagraphs (D) and (E), respec11 tively; 

12 (C) by inserting after subparagraph (A) 

13 the following: 

14 ‘‘(B) the Attorney General may appoint or 

15 provide counsel, at Government expense, to 

16 noncitizens in immigration proceedings; 

17 ‘‘(C) at the beginning of the proceedings or 

18 as expeditiously as possible thereafter, a noncit19 izen shall receive a complete copy of all relevant 

20 documents in the possession of the Department 

21 of Homeland Security, including all documents 

22 (other than documents protected from disclo23 sure by privilege, including national security in24 formation referred to in subparagraph (D), law 

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1 tion prohibited from disclosure pursuant to any 

2 other provision of law) contained in the file 

3 maintained by the Government, including infor4 mation with respect to all transactions involving 

5 the noncitizen during the immigration process 

6 (commonly referred to as an ‘A-file’) and all 

7 documents pertaining to the noncitizen that the 

8 Department of Homeland Security has obtained 

9 or received from other government agencies, un10 less the noncitizen waives the right to receive 

11 such documents by executing a knowing and 

12 voluntary written waiver in a language that he 

13 or she understands;’’; and 

14 (D) in subparagraph (D), as redesignated, 

15 by striking ‘‘, and’’ and inserting ‘‘; and’’; and 

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

17 ‘‘(8) FAILURE TO PROVIDE NONCITIZEN RE18 QUIRED DOCUMENTS.—In the absence of a written 

19 waiver under paragraph (4)(C), a removal pro20 ceeding may not proceed until the noncitizen— 

21 ‘‘(A) has received the documents as re22 quired under such paragraph; and 

23 ‘‘(B) has been provided meaningful time to 

24 review and assess such documents.’’. 

25 (b) RIGHT TO COUNSEL.— 


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1 (1) IN GENERAL.—Section 292 of the Immigra2 tion and Nationality Act (8 U.S.C. 1362) is amend3 ed to read as follows: 

4 ‘‘SEC. 292. RIGHT TO COUNSEL. 

5 ‘‘(a) IN GENERAL.—In any proceeding conducted 

6 under section 235, 236, 238, 240, 241, or any other sec7 tion of this Act, and in any appeal proceedings before the 

8 Attorney General from any such proceedings, the noncit9 izen concerned shall have the privilege of being rep10 resented by such counsel authorized to practice in such 

11 proceedings, as the noncitizen shall choose. 

12 ‘‘(b) ACCESS TO COUNSEL.— 

13 ‘‘(1) IN GENERAL.—The Attorney General may 

14 appoint or provide counsel to a noncitizen in any 

15 proceeding conducted under section 235, 236, 238, 

16 240, or 241 or any other section of this Act. 

17 ‘‘(2) DETENTION AND BORDER FACILITIES.— 

18 The Secretary of Homeland Security shall ensure 

19 that noncitizens have access to counsel inside all im20 migration detention and border facilities. 

21 ‘‘(c) CHILDREN AND VULNERABLE INDIVIDUALS.— 

22 Notwithstanding subsection (b), at the beginning of pro23 ceedings or as expeditiously as possible, the Attorney Gen24 eral shall appoint, at the expense of the Government, 

25 counsel to represent any noncitizen financially unable to 


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1 obtain adequate representation in such proceedings, in2 cluding any noncitizen who has been determined by the 

3 Secretary of Homeland Security or the Attorney General 

4 to be— 

5 ‘‘(1) a child; 

6 ‘‘(2) a particularly vulnerable individual, includ7 ing— 

8 ‘‘(A) a person with a disability; 

9 ‘‘(B) a victim of abuse, torture, or violence; 

10 and 

11 ‘‘(C) a pregnant or lactating woman; or 

12 ‘‘(3) the parent of a United States citizen 

13 minor. 

14 ‘‘(d) EXTENSION TO CONSOLIDATED CASES.—If the 

15 Attorney General has consolidated the case of any noncit16 izen for whom counsel was appointed under subsection (c) 

17 with that of any other noncitizen, and such other noncit18 izen does not have counsel, the counsel appointed under 

19 subsection (c) shall be appointed to represent such other 

20 noncitizen unless there is a demonstrated conflict of inter21 est.’’. 

22 (2) RULEMAKING.—Not later than 180 days 

23 after the date of enactment of this Act, the Attorney 

24 General shall promulgate regulations to implement 


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1 subsection (c) of section 292 of the Immigration and 

2 Nationality Act, as added by paragraph (1). 

3 (c) IMMIGRATION COUNSEL FUND.— 

4 (1) IN GENERAL.—Chapter 9 of title II of the 

5 Immigration and Nationality Act (8 U.S.C. 1351 et 

6 seq.) is amended by adding at the end the following: 

7 ‘‘SEC. 295. IMMIGRATION COUNSEL FUND. 

8 ‘‘(a) IN GENERAL.—There is established in the gen9 eral fund of the Treasury a separate account to be known 

10 as the ‘Immigration Counsel Fund’. 

11 ‘‘(b) DEPOSITS.—Notwithstanding any other provi12 sion of this Act, there shall be deposited as offsetting re13 ceipts into the Immigration Counsel Account all sur14 charges collected under subsection (c) for the purpose of 

15 providing access to counsel as required or authorized 

16 under this Act, to remain available until expended. 

17 ‘‘(c) SURCHARGE.—In any case in which a fee is 

18 charged pursuant to the immigration laws, a surcharge of 

19 $25 shall be imposed and collected. 

20 ‘‘(d) REPORT.—Not later than 2 years after the date 

21 of the enactment of this section, and biennially thereafter, 

22 the Secretary of Homeland Security shall submit to Con23 gress a report on the status of the Immigration Counsel 

24 Account, including— 


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1 ‘‘(1) the balance in the Immigration Counsel 

2 Account; and 

3 ‘‘(2) any recommendation with respect to modi4 fications to the surcharge under subsection (c) nec5 essary to ensure that the receipts collected for the 

6 subsequent 2 years equal, as closely as possible, the 

7 cost of providing access to counsel as required or au8 thorized under this Act.’’. 

9 (2) TABLE OF CONTENTS.—The table of con10 tents for the Immigration and Nationality Act (8 

11 U.S.C. 1101 et seq.) is amended by inserting after 

12 the item relating to section 294 the following: 

‘‘Sec. 295. Immigration Counsel Account.’’. 

13 (d) MOTIONS TO REOPEN.—Section 240(c)(7)(C) of 

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

15 1229a(c)(7)(C)) is amended by adding at the end the fol16 lowing: 

17 ‘‘(v) SPECIAL RULE FOR CHILDREN

18 AND OTHER VULNERABLE NONCITIZENS.— 

19 If the Attorney General fails to appoint 

20 counsel for a noncitizen in violation of sec21 tion 292(c)— 

22 ‘‘(I) no limitation under this 

23 paragraph with respect to the filing of 

24 any motion to reopen shall apply to 

25 the noncitizen; and 


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1 ‘‘(II) the filing of a motion to re2 open by the noncitizen shall stay the 

3 removal of the noncitizen.’’. 

4 SEC. 4107. FACILITATING SAFE AND EFFICIENT REPATRI5 ATION. 

6 (a) UNITED STATES SUPPORT FOR REINTEGRA7 TION.—The Secretary of State, in consultation with the 

8 Secretary and the Administrator of the United States 

9 Agency for International Development, shall coordinate 

10 with the governments of El Salvador, Guatemala, Hon11 duras, and any other country in Central America the Sec12 retary of State considers appropriate, to promote the suc13 cessful reintegration of families, unaccompanied noncit14 izen children, and other noncitizens repatriated to their 

15 countries of origin by assisting in the development and 

16 funding of programs in such countries that— 

17 (1) provide comprehensive reintegration services 

18 at the municipal level for repatriated noncitizens, in19 cluding family reunification and access to medical 

20 and psychosocial services; 

21 (2) support the establishment of educational 

22 and vocational centers for repatriated noncitizens 

23 that provide skills training relevant to national and 

24 local economic needs; 


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1 (3) promote the hiring of repatriated nonciti2 zens in the private sector, including through stra3 tegic partnerships with specific industries and busi4 nesses; 

5 (4) support the issuance of appropriate docu6 ments to repatriated noncitizens, including identi7 fication documents, documents relating to edu8 cational attainment, and documents certifying skill 

9 attainment; and 

10 (5) monitor repatriated unaccompanied noncit11 izen children to ensure their adequate screening and 

12 processing in the United States. 

13 (b) ELIGIBILITY OF CITIZENS AND NATIONALS OF

14 REPATRIATION COUNTRY.—Paragraphs (1), (2), and (3) 

15 of subsection (a) shall not necessarily exclude citizens or 

16 nationals of the countries of origin. 

17 (c) CONSULTATION WITH NONGOVERNMENTAL OR18 GANIZATIONS.—In assisting in the development of pro19 grams under subsection (a), the Secretary of State shall 

20 consult with nongovernmental organizations in the coun21 tries concerned and in the United States that have experi22 ence in— 

23 (1) integrating repatriated individuals and fam24 ilies; 


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1 (2) protecting and ensuring the welfare of unac2 companied noncitizen children; and 

3 (3) promoting economic development and skills 

4 acquisition. 

5 Subtitle B—Protecting Family Val6 ues and Monitoring and Caring 

7 for Unaccompanied Noncitizen 

8 Children After Arrival 

9 SEC. 4201. DEFINITION OF LOCAL EDUCATIONAL AGENCY. 

10 In this subtitle, the term ‘‘local educational agency’’ 

11 has the meaning given the term in section 8101 of the 

12 Elementary and Secondary Education Act of 1965 (20 

13 U.S.C. 7801). 

14 SEC. 4202. RESPONSIBILITY OF SPONSOR FOR IMMIGRA15 TION COURT COMPLIANCE AND CHILD WELL16 BEING. 

17 (a) IN GENERAL.—The Secretary of Health and 

18 Human Services, in consultation with the Attorney Gen19 eral, shall establish procedures to ensure that a legal ori20 entation program is provided to each sponsor (including 

21 parents, legal guardians, and close relatives) of an unac22 companied noncitizen child before the unaccompanied non23 citizen child is placed with the sponsor. 


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1 (b) PROGRAM ELEMENTS.—A program under sub2 section (a) shall provide information to sponsors regarding 

3 each of the following: 

4 (1) The basic procedures of immigration hear5 ings. 

6 (2) The rights and obligations of the unaccom7 panied noncitizen child relating to immigration hear8 ings, including the consequences of filing frivolous 

9 legal claims and of failing to appear for proceedings. 

10 (3) The obligation of the sponsor— 

11 (A) to ensure that the unaccompanied non12 citizen child appears at immigration court pro13 ceedings; 

14 (B) to notify the court of any change of 

15 address of the unaccompanied noncitizen child 

16 and other relevant information; and 

17 (C) to address the needs of the unaccom18 panied noncitizen child, including providing ac19 cess to health care and enrolling the child in an 

20 educational institution. 

21 (4) Legal protections available to unaccom22 panied noncitizen children and the procedures for re23 questing such protections. 


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1 (5) Legal resources available to unaccompanied 

2 noncitizen children and lists of potential legal serv3 ices providers. 

4 (6) The importance of reporting potential child 

5 traffickers and other persons seeking to victimize or 

6 exploit unaccompanied noncitizen children, or other7 wise engage such unaccompanied noncitizen children 

8 in criminal, harmful, or dangerous activity. 

9 (7) Any other subject the Secretary of Health 

10 and Human Services or the Attorney General con11 siders necessary and appropriate. 

12 SEC. 4203. FUNDING TO SCHOOL DISTRICTS FOR UNACCOM13 PANIED NONCITIZEN CHILDREN. 

14 (a) GRANTS AUTHORIZED.—The Secretary of Edu15 cation shall award grants, on a competitive basis, to eligi16 ble local educational agencies or consortia of neighboring 

17 local educational agencies described in subsection (b), to 

18 enable the local educational agencies or consortia to en19 hance opportunities for, and provide services to, immi20 grant children, including unaccompanied noncitizen chil21 dren, in the area served by the local educational agencies 

22 or consortia. 

23 (b) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.— 

24 (1) IN GENERAL.—A local educational agency 

25 or a consortium of neighboring local educational 


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1 agencies is eligible for a grant under subsection (a) 

2 if, during the fiscal year for which a grant is award3 ed under this section, there are 50 or more unac4 companied noncitizen children enrolled in the public 

5 schools served by the local educational agency or the 

6 consortium. 

7 (2) DETERMINATIONS OF NUMBER OF UNAC8 COMPANIED NONCITIZEN CHILDREN.—The Secretary 

9 of Education shall determine the number of unac10 companied noncitizen children for purposes of para11 graph (1) based on the most accurate data available 

12 that is provided to the Secretary of Education by the 

13 Director of the Office of Refugee Resettlement or 

14 the Department of Homeland Security. 

15 (c) APPLICATIONS.—A local educational agency or a 

16 consortia of neighboring local educational agencies desir17 ing a grant under this section shall submit an application 

18 to the Secretary of Education at such time, in such man19 ner, and containing such information as the Secretary of 

20 Education may require, including a description of how the 

21 grant will be used to enhance opportunities for, and pro22 vide services to, immigrant children and youth (including 

23 unaccompanied noncitizen children) and their families. 


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1 SEC. 4204. SCHOOL ENROLLMENT. 

2 To be eligible for funding under the Elementary and 

3 Secondary Education Act of 1965 (20 U.S.C. 6301 et 

4 seq.), a local educational agency shall take measures— 

5 (1) to ensure that an unaccompanied noncitizen 

6 child in the area served by the local educational 

7 agency is enrolled in school not later than 7 days 

8 after the date on which a request for enrollment is 

9 made; and 

10 (2) to remove barriers to enrollment and full 

11 participation in educational programs and services 

12 offered by the local educational agency for unaccom13 panied noncitizen children (including barriers related 

14 to documentation, age, and language), which shall 

15 include reviewing and revising policies that may have 

16 a negative effect on unaccompanied noncitizen chil17 dren. 

18 Subtitle C—Admission and Protec19 tion of Refugees, Asylum Seek20 ers, and Other Vulnerable Indi21 viduals 

22 SEC. 4301. ELIMINATION OF TIME LIMITS ON ASYLUM AP23 PLICATIONS. 

24 Section 208(a)(2) of the Immigration and Nationality 

25 Act (8 U.S.C. 1158(a)(2)) is amended— 


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1 (1) in subparagraph (A), by inserting ‘‘or the 

2 Secretary’’ after ‘‘Attorney General’’ each place it 

3 appears; 

4 (2) by striking subparagraphs (B) and (D); 

5 (3) by redesignating subparagraph (C) as sub6 paragraph (B); 

7 (4) in subparagraph (B), as redesignated, by 

8 striking ‘‘subparagraph (D)’’ and inserting ‘‘sub9 paragraphs (C) and (D)’’; and 

10 (5) by inserting after subparagraph (B), as re11 designated, the following: 

12 ‘‘(C) CHANGED CIRCUMSTANCES.—Not13 withstanding subparagraph (B), an application 

14 for asylum of a noncitizen may be considered if 

15 the noncitizen demonstrates, to the satisfaction 

16 of the Attorney General or the Secretary, the 

17 existence of changed circumstances that materi18 ally affect the noncitizen’s eligibility for asylum. 

19 ‘‘(D) MOTION TO REOPEN CERTAIN MERI20 TORIOUS CLAIMS.—Notwithstanding subpara21 graph (B) of section 240(c)(7), during the 2- 

22 year period beginning on the date of the enact23 ment of this Act, a noncitizen may file a motion 

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1 open removal proceedings to reapply for asylum 

2 as relief from removal if the noncitizen— 

3 ‘‘(i) was denied asylum based solely 

4 on a failure to meet the 1-year application 

5 filing deadline in effect on the date on 

6 which the application was filed; 

7 ‘‘(ii) was granted withholding of re8 moval to the noncitizen’s country of na9 tionality (or, in the case of a person having 

10 no nationality, to the country of last habit11 ual residence) under section 241(b)(3); 

12 ‘‘(iii) has not obtained lawful perma13 nent residence in the United States pursu14 ant to any other provision of law; 

15 ‘‘(iv) is not subject to the safe third 

16 country exception under subparagraph (A) 

17 or to a bar to asylum under subsection 

18 (b)(2); and 

19 ‘‘(v) was not denied asylum as a mat20 ter of discretion.’’. 

21 SEC. 4302. INCREASING ANNUAL NUMERICAL LIMITATION 

22 ON U VISAS. 

23 Section 214(p) of the Immigration and Nationality 

24 Act (8 U.S.C. 1184(p)) is amended in paragraph (2)(A) 

25 by striking ‘‘10,000’’ and inserting ‘‘30,000’’. 


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1 SEC. 4303. EMPLOYMENT AUTHORIZATION FOR ASYLUM 

2 SEEKERS AND OTHER INDIVIDUALS. 

3 (a) ASYLUM SEEKERS.—Section 208(d)(2) of the Im4 migration and Nationality Act (8 U.S.C. 1158(d)(2)) is 

5 amended to read as follows: 

6 ‘‘(2) EMPLOYMENT AUTHORIZATION.— 

7 ‘‘(A) ELIGIBILITY.—The Secretary of 

8 Homeland Security shall authorize employment 

9 for an applicant for asylum who is not in deten10 tion and whose application for asylum has not 

11 been determined to be frivolous. 

12 ‘‘(B) APPLICATION.— 

13 ‘‘(i) IN GENERAL.—An applicant for 

14 asylum (unless otherwise eligible for em15 ployment authorization) shall not be grant16 ed employment authorization under this 

17 paragraph until the end of a period of days 

18 determined by the Secretary of Homeland 

19 Security by regulation, but which shall not 

20 exceed 180 days, after the filing of the ap21 plication for asylum. 

22 ‘‘(ii) DATE OF FILING.—For purposes 

23 of this subparagraph, an application for 

24 asylum shall be considered to be filed on 

25 the date on which the applicant submits 

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1 land Security or the Attorney General, as 

2 applicable. 

3 ‘‘(C) TERM.—Employment authorization 

4 for an applicant for asylum shall be valid until 

5 the date on which there is a final denial of the 

6 asylum application, including any administra7 tive or judicial review.’’. 

8 (b) INDIVIDUALS GRANTED WITHHOLDING OF RE9 MOVAL OR APPLYING FOR WITHHOLDING OF REMOVAL.— 

10 Section 241(b)(3) of the Immigration and Nationality Act 

11 (8 U.S.C. 1231(b)(3)) is amended by adding at the end 

12 the following: 

13 ‘‘(D) EMPLOYMENT AUTHORIZATION.— 

14 ‘‘(i) IN GENERAL.—The Secretary of 

15 Homeland Security shall authorize employ16 ment for a noncitizen who is not in deten17 tion and who has been granted— 

18 ‘‘(I) withholding of removal 

19 under this paragraph; or 

20 ‘‘(II) withholding or deferral of 

21 removal under the Convention against 

22 Torture and Other Cruel, Inhuman or 

23 Degrading Treatment or Punishment, 

24 done at New York December 10, 

25 1984. 


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1 ‘‘(ii) TERM.—Employment authoriza2 tion for a noncitizen described in clause (i) 

3 shall be— 

4 ‘‘(I) valid for a period of 2 years; 

5 and 

6 ‘‘(II) renewable for additional 2- 

7 year periods for the duration of such 

8 withholding or deferral of removal sta9 tus.’’. 

10 ‘‘(iii) APPLICANT ELIGIBILITY.— 

11 ‘‘(I) IN GENERAL.—The Sec12 retary of Homeland Security shall au13 thorize employment for a noncitizen 

14 who is not in detention, and whose ap15 plication for withholding of removal 

16 under this paragraph or withholding 

17 or deferral of removal under the Con18 vention against Torture and Other 

19 Cruel, Inhuman or Degrading Treat20 ment or Punishment, done at New 

21 York December 10, 1984, has not 

22 been determined to be frivolous. 

23 ‘‘(II) APPLICATION.— 

24 ‘‘(aa) IN GENERAL.—A non25 citizen described in subclause (I) 


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1 shall not be granted employment 

2 authorization under this clause 

3 until the end of a period of days 

4 determined by the Secretary of 

5 Homeland Security by regulation, 

6 but which shall not exceed 180 

7 days, after the filing of an appli8 cation described in such sub9 clause. 

10 ‘‘(bb) DATE OF FILING.— 

11 For purposes of this clause, an 

12 application under subclause (I) 

13 shall be considered to be filed on 

14 the date on which the applicant 

15 submits the application to the At16 torney General. 

17 ‘‘(III) TERM.—Employment au18 thorization for a noncitizen described 

19 in subclause (I) shall be valid until 

20 the date on which there is a final de21 nial of the application under subclause 

22 (I), including any administrative or 

23 judicial review.’’. 


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1 SEC. 4304. ENHANCED PROTECTION FOR INDIVIDUALS 

2 SEEKING T VISAS, U VISAS, AND PROTECTION 

3 UNDER VAWA. 

4 (a) EMPLOYMENT AUTHORIZATION FOR T VISA AP5 PLICANTS.—Section 214(o) (8 U.S.C. 1184(o)) is amend6 ed by adding at the end the following: 

7 ‘‘(8) Notwithstanding any provision of this Act 

8 relating to eligibility for employment in the United 

9 States, the Secretary of Homeland Security shall 

10 grant employment authorization to a noncitizen who 

11 has filed a nonfrivolous application for non12 immigrant status under section 101(a)(15)(T), 

13 which authorization shall begin on the date that is 

14 the earlier of— 

15 ‘‘(A) the date on which the noncitizen’s ap16 plication for such status is approved; or 

17 ‘‘(B) a date determined by the Secretary 

18 that is not later than 180 days after the date 

19 on which the noncitizen filed the application.’’. 

20 (b) INCREASED ACCESSIBILITY AND EMPLOYMENT

21 AUTHORIZATION FOR U VISA APPLICANTS.—Section 

22 214(p) of the Immigration and Nationality Act (8 U.S.C. 

23 1184(p)) is amended— 

24 (1) in paragraph (6), by striking the last sen25 tence; and 

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


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1 ‘‘(8) EMPLOYMENT AUTHORIZATION.—Notwith2 standing any provision of this Act relating to eligi3 bility for employment in the United States, the Sec4 retary of Homeland Security shall grant employment 

5 authorization to a noncitizen who has filed an appli6 cation for nonimmigrant status under section 

7 101(a)(15)(U), which authorization shall begin on 

8 the date that is the earlier of— 

9 ‘‘(A) the date on which the noncitizen’s pe10 tition for such status is approved; or 

11 ‘‘(B) a date determined by the Secretary 

12 that is not later than 180 days after the date 

13 on which the noncitizen filed the petition.’’. 

14 (c) PROHIBITION ON REMOVAL OF CERTAIN VICTIMS

15 WITH PENDING PETITIONS AND APPLICATIONS.— 

16 (1) IN GENERAL.—Section 240 of the Immigra17 tion and Nationality Act (8 U.S.C. 1229a) is amend18 ed— 

19 (A) by redesignating subsection (e) as sub20 section (f); and 

21 (B) by inserting after subsection (d) the 

22 following: 

23 ‘‘(e) PROHIBITION ON REMOVAL OF CERTAIN VIC24 TIMS WITH PENDING PETITIONS AND APPLICATIONS.— 


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1 ‘‘(1) IN GENERAL.—A noncitizen described in 

2 paragraph (2) shall not be removed from the United 

3 States under this section or any other provision of 

4 law until the date on which there is a final denial 

5 of the noncitizen’s application for status, including 

6 any administrative or judicial review. 

7 ‘‘(2) NONCITIZENS DESCRIBED.—A noncitizen 

8 described in this paragraph is a noncitizen who— 

9 ‘‘(A) has a pending nonfrivolous applica10 tion or petition under— 

11 ‘‘(i) subparagraph (T) or (U) of sec12 tion 101(a)(15); 

13 ‘‘(ii) section 106; 

14 ‘‘(iii) section 240A(b)(2); or 

15 ‘‘(iv) section 244(a)(3) (as in effect on 

16 March 31, 1997); or 

17 ‘‘(B) is a VAWA self-petitioner, as defined 

18 in section 101(a)(51), and has a pending appli19 cation for relief under a provision referred to in 

20 any of subparagraphs (A) through (G) of such 

21 section.’’. 

22 (2) CONFORMING AMENDMENT.—Section 

23 240(b)(7) of the Immigration and Nationality Act (8 

24 U.S.C. 1229a(b)(7)) is amended by striking ‘‘sub25 section (e)(1)’’ and inserting ‘‘subsection (f)(1)’’. 


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1 (d) PROHIBITION ON DETENTION OF CERTAIN VIC2 TIMS WITH PENDING PETITIONS AND APPLICATIONS.— 

3 Section 236 of the Immigration and Nationality Act (8 

4 U.S.C. 1226) is amended by adding at the end the fol5 lowing: 

6 ‘‘(f) DETENTION OF CERTAIN VICTIMS WITH PEND7 ING PETITIONS AND APPLICATIONS.— 

8 ‘‘(1) PRESUMPTION OF RELEASE.— 

9 ‘‘(A) IN GENERAL.—Notwithstanding any 

10 other provision of this Act, there shall be a pre11 sumption that a noncitizen described in para12 graph (2) should be released from detention. 

13 ‘‘(B) REBUTTAL.—The Secretary of 

14 Homeland Security may rebut the presumption 

15 of release based on clear and convincing evi16 dence, including credible and individualized in17 formation, that— 

18 ‘‘(i) the use of alternatives to deten19 tion will not reasonably ensure the appear20 ance of the noncitizen at removal pro21 ceedings; or 

22 ‘‘(ii) the noncitizen is a threat to an23 other person or the community. 

24 ‘‘(C) PENDING CRIMINAL CHARGE.—A 

25 pending criminal charge against a noncitizen 


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1 may not be the sole factor to justify the contin2 ued detention of the noncitizen. 

3 ‘‘(2) NONCITIZEN DESCRIBED.—A noncitizen 

4 described in this paragraph is a noncitizen who— 

5 ‘‘(A) has a pending application, which has 

6 not been found to be frivolous, under— 

7 ‘‘(i) subparagraph (T) or (U) of sec8 tion 101(a)(15); 

9 ‘‘(ii) section 106; 

10 ‘‘(iii) section 240A(b)(2); or 

11 ‘‘(iv) section 244(a)(3) (as in effect on 

12 March 31, 1997); or 

13 ‘‘(B) is a VAWA self-petitioner, as defined 

14 in section 101(a)(51), has a pending petition 

15 for relief, and can demonstrate prima facie eli16 gibility under a provision referred to in any of 

17 subparagraphs (A) through (G) of such sec18 tion.’’. 

19 SEC. 4305. ALTERNATIVES TO DETENTION. 

20 Section 236 of the Immigration and Nationality Act 

21 (8 U.S.C. 1226), as amended by section 4304, is further 

22 amended by adding at the end the following: 

23 ‘‘(g) ALTERNATIVES TO DETENTION.— 

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

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1 natives to detaining noncitizens, which shall offer a 

2 continuum of supervision mechanisms and options, 

3 including community-based supervision programs 

4 and community support. 

5 ‘‘(2) CONTRACTS WITH NONGOVERNMENTAL

6 ORGANIZATIONS.—The Secretary of Homeland Secu7 rity may contract with nongovernmental community8 based organizations to provide services for programs 

9 under paragraph (1), including case management 

10 services, appearance assistance services, and screen11 ing of detained noncitizens.’’. 

12 SEC. 4306. NOTIFICATION OF PROCEEDINGS. 

13 (a) WRITTEN RECORD OF ADDRESS.—Section 239(a) 

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

15 1229(a)) is amended— 

16 (1) in paragraph (1)(F), by inserting ‘‘the Sec17 retary of Homeland Security or’’ before ‘‘the Attor18 ney General’’ each place such term appears; and 

19 (2) in paragraph (2)(A) by striking ‘‘the noncit20 izen or to the noncitizen’s counsel of record’’ and in21 serting ‘‘the noncitizen and to the noncitizen’s coun22 sel of record’’. 


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1 SEC. 4307. CONVERSION OF CERTAIN PETITIONS. 

2 Section 2 of Public Law 110–242 (8 U.S.C. 1101 

3 note) is amended by striking subsection (b) and inserting 

4 the following: 

5 ‘‘(b) DURATION.—The authority under subsection (a) 

6 shall expire on the date on which the numerical limitation 

7 specified under section 1244(c) of the National Defense 

8 Authorization Act for Fiscal Year 2008 (Public Law 110– 

9 181; 8 U.S.C. 1157 note) is reached.’’. 

10 SEC. 4308. IMPROVEMENTS TO APPLICATION PROCESS FOR 

11 AFGHAN SPECIAL IMMIGRANT VISAS. 

12 Subsection (b) of section 602 of the Afghan Allies 

13 Protection Act of 2009 (8 U.S.C. 1101 note) is amend14 ed— 

15 (1) in paragraph (2)(A)(ii), by inserting ‘‘for 

16 the first time’’ after ‘‘September 30, 2015’’; and 

17 (2) in paragraph (4)(A) by inserting ‘‘, includ18 ing Chief of Mission approval,’’ after ‘‘so that all 

19 steps’’. 

20 SEC. 4309. SPECIAL IMMIGRANT STATUS FOR CERTAIN SUR21 VIVING SPOUSES AND CHILDREN. 

22 (a) IN GENERAL.—Section 101(a)(27)(D) of the Im23 migration and Nationality Act (8 U.S.C. 1101(a)(27)(D)) 

24 is amended— 


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1 (1) by striking ‘‘an immigrant who is an em2 ployee’’ and inserting the following: ‘‘an immigrant 

3 who— 

4 ‘‘(i) is an employee’’; and 

5 (2) by striking ‘‘grant such status;’’ and insert6 ing the following: ‘‘grant such status; or 

7 ‘‘(ii) is the surviving spouse or child 

8 of an employee of the United States Gov9 ernment abroad: Provided, That the em10 ployee performed faithful service for a total 

11 of not less than 15 years or was killed in 

12 the line of duty;’’. 

13 (b) SPECIAL IMMIGRANT STATUS FOR SURVIVING

14 SPOUSES AND CHILDREN.— 

15 (1) IN GENERAL.—Section 602(b)(2)(C) of the 

16 Afghan Allies Protection Act of 2009 (8 U.S.C. 

17 1101 note) is amended— 

18 (A) in clause (ii), by redesignating sub19 clauses (I) and (II) as items (aa) and (bb), re20 spectively; 

21 (B) by redesignating clauses (i) and (ii) as 

22 subclauses (I) and (II), respectively, and mov23 ing such subclauses 2 ems to the right; 


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1 (C) in the matter preceding subclause (I), 

2 as redesignated, by striking ‘‘An alien is de3 scribed’’ and inserting the following: 

4 ‘‘(i) IN GENERAL.—A noncitizen is de5 scribed’’; 

6 (D) in clause (i)(I), as redesignated, by 

7 striking ‘‘who had a petition for classification 

8 approved’’ and inserting ‘‘who had submitted 

9 an application to the Chief of Mission’’; and 

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

11 ‘‘(ii) EMPLOYMENT REQUIREMENTS.— 

12 An application by a surviving spouse or 

13 child of a principal noncitizen shall be sub14 ject to employment requirements set forth 

15 in subparagraph (A) as of the date of the 

16 principal noncitizen’s filing of an applica17 tion for the first time, or if no application 

18 has been filed, the employment require19 ments as of the date of the principal non20 citizen’s death.’’. 

21 (2) CONFORMING AMENDMENTS.—Section 602 

22 of the Afghan Allies Protection Act of 2009 (8 

23 U.S.C. 1101 note) is amended— 


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1 (A) in the paragraph and subparagraph 

2 headings, by striking ‘‘ALIENS’’ each place it 

3 appears and inserting ‘‘NONCITIZENS’’; 

4 (B) by striking ‘‘an alien’’ each place it ap5 pears and inserting ‘‘a noncitizen’’; 

6 (C) by striking ‘‘An alien’’ each place it 

7 appears and inserting ‘‘A noncitizen’’; 

8 (D) by striking ‘‘alien’’ each place it ap9 pears and inserting ‘‘noncitizen’’; 

10 (E) by striking ‘‘aliens’’ each place it ap11 pears and inserting ‘‘noncitizens’’; and 

12 (F) by striking ‘‘alien’s’’ each place it ap13 pears and inserting ‘‘noncitizen’s’’. 

14 (c) SPECIAL IMMIGRANT STATUS FOR CERTAIN

15 IRAQIS.— 

16 (1) IN GENERAL.—Section 1244(b)(3) of the 

17 Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 

18 note) is amended— 

19 (A) by striking ‘‘described in subsection 

20 (b)’’ and inserting ‘‘in this subsection’’; 

21 (B) in subparagraph (B), by redesignating 

22 clauses (i) and (ii) as subclauses (I) and (II), 

23 respectively, and moving such subclauses 2 ems 

24 to the right; 


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1 (C) by redesignating subparagraphs (A) 

2 and (B) as clauses (i) and (ii), respectively, and 

3 moving such clauses 2 ems to the right; 

4 (D) in the matter preceding clause (i), as 

5 redesignated, by striking ‘‘An alien is de6 scribed’’ and inserting the following: 

7 ‘‘(A) IN GENERAL.—A noncitizen is de8 scribed’’; 

9 (E) in subparagraph (A)(i), as redesig10 nated, by striking ‘‘who had a petition for clas11 sification approved’’ and inserting ‘‘who sub12 mitted an application to the Chief of Mission’’; 

13 and 

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

15 ‘‘(B) EMPLOYMENT REQUIREMENTS.—An 

16 application by a surviving spouse or child of a 

17 principal noncitizen shall be subject to employ18 ment requirements set forth in paragraph (1) 

19 as of the date of the principal noncitizen’s filing 

20 of an application for the first time, or if the 

21 principal noncitizen did not file an application, 

22 the employment requirements as of the date of 

23 the principal noncitizen’s death.’’. 


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1 (2) CONFORMING AMENDMENTS.—The Refugee 

2 Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note) is 

3 amended by— 

4 (A) in the subsection headings, by striking 

5 ‘‘ALIENS’’ each place it appears and inserting 

6 ‘‘NONCITIZENS’’; 

7 (B) in the paragraph headings, by striking 

8 ‘‘ALIENS’’ each place it appears and inserting 

9 ‘‘NONCITIZENS’’; 

10 (C) by striking ‘‘an alien’’ each place it ap11 pears and inserting ‘‘a noncitizen’’; 

12 (D) by striking ‘‘An alien’’ each place it 

13 appears and inserting ‘‘A noncitizen’’; 

14 (E) by striking ‘‘alien’’ each place it ap15 pears and inserting ‘‘noncitizen’’; 

16 (F) by striking ‘‘aliens’’ each place it ap17 pears and inserting ‘‘noncitizens’’; and 

18 (G) by striking ‘‘alien’s’’ each place it ap19 pears and inserting ‘‘noncitizen’s’’. 

20 (d) EFFECTIVE DATE.—The amendments made by 

21 this section shall be effective on the date of the enactment 

22 of this Act and shall have retroactive effect. 


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1 SEC. 4310. SPECIAL IMMIGRANT STATUS FOR CERTAIN SYR2 IANS WHO WORKED FOR THE UNITED STATES 

3 GOVERNMENT IN SYRIA. 

4 (a) IN GENERAL.—Subject to subsection (c)(1), for 

5 purposes of the Immigration and Nationality Act (8 

6 U.S.C. 1101 et seq.), the Secretary may provide any non7 citizen described in subsection (b) with the status of a spe8 cial immigrant under section 101(a)(27) of that Act (8 

9 U.S.C. 1101(a)(27)) if— 

10 (1) the noncitizen, or an agent acting on behalf 

11 of the noncitizen, submits a petition to the Secretary 

12 under section 204 of that Act (8 U.S.C. 1154) for 

13 classification under section 203(b)(4) of that Act (8 

14 U.S.C. 1153(b)(4)); 

15 (2) the noncitizen is otherwise eligible to receive 

16 an immigrant visa; 

17 (3) the noncitizen is otherwise admissible to the 

18 United States for permanent residence (excluding 

19 the grounds for inadmissibility specified in section 

20 212(a)(4) of that Act (8 U.S.C. 1182(a)(4))), except 

21 that an applicant for admission to the United States 

22 under this section may not be considered inadmis23 sible based solely on membership in, participation in, 

24 or support provided to, the Syrian Democratic 

25 Forces or other partner organizations, as determined 

26 by the Secretary of Defense; and 


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1 (4) the noncitizen clears a background check 

2 and appropriate screening, as determined by the 

3 Secretary. 

4 (b) NONCITIZENS DESCRIBED.—A noncitizen de5 scribed in this subsection is a noncitizen who— 

6 (1)(A) is a citizen or national of Syria or a 

7 stateless person who has habitually resided in Syria; 

8 (B) was employed by or on behalf of (including 

9 under a contract, cooperative agreement or grant 

10 with) the United States Government in Syria, for a 

11 period of not less than 1 year beginning on January 

12 1, 2014; and 

13 (C) obtained a favorable written recommenda14 tion from a U.S. citizen supervisor who was in the 

15 chain of command of the United States Armed 

16 Forces unit or U.S. Government entity that was 

17 supported by the noncitizen; or 

18 (2)(A) is the spouse or a child of a principal 

19 noncitizen described in paragraph (1); and 

20 (B)(i) is following or accompanying to join the 

21 principal noncitizen in the United States; or 

22 (ii) due to the death of the principal noncitizen, 

23 a petition to follow or accompany to join the prin24 cipal noncitizen in the United States— 


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1 (I) was or would be revoked, terminated, 

2 or otherwise rendered null; and 

3 (II) would have been approved if the prin4 cipal noncitizen had survived. 

5 (c) NUMERICAL LIMITATIONS.— 

6 (1) IN GENERAL.—Except as otherwise pro7 vided in this subsection, the total number of prin8 cipal noncitizens who may be provided special immi9 grant status under this section may not exceed 

10 5,000 in any of the first 5 fiscal years beginning 

11 after the date of the enactment of this Act. 

12 (2) EXEMPTION FROM NUMERICAL LIMITA13 TIONS.—Noncitizens provided special immigrant sta14 tus under this section shall not be counted against 

15 any numerical limitation under section 201(d), 

16 202(a), or 203(b)(4) of the Immigration and Na17 tionality Act (8 U.S.C. 1151(d), 1152(a), and 

18 1153(b)(4)). 

19 (3) CARRY FORWARD.—If the numerical limita20 tion set forth in paragraph (1) is not reached during 

21 a fiscal year, the numerical limitation under such 

22 paragraph for the following fiscal year shall be in23 creased by a number equal to the difference be24 tween— 


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1 (A) the number of visas authorized under 

2 paragraph (1) for such fiscal year; and 

3 (B) the number of principal noncitizens 

4 provided special immigrant status under this 

5 section during such fiscal year. 

6 (d) VISA FEES AND TRAVEL DOCUMENT

7 ISSUANCE.— 

8 (1) IN GENERAL.—A noncitizen described in 

9 subsection (b) may not be charged any fee in con10 nection with an application for, or the issuance of, 

11 a special immigrant visa under this section. 

12 (2) The Secretary of State shall ensure that a 

13 noncitizen who is issued a special immigrant visa 

14 under this section is provided with an appropriate 

15 travel document necessary for admission to the 

16 United States. 

17 (e) PROTECTION OF NONCITIZENS.—The Secretary 

18 of State, in consultation with the head of any other appro19 priate Federal agency, shall make a reasonable effort to 

20 provide protection to each noncitizen described in sub21 section (b) who is seeking special immigrant status under 

22 this section or to immediately remove such noncitizen from 

23 Syria, if possible, if the Secretary of State determines, 

24 after consultation, that such noncitizen is in imminent 

25 danger. 


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1 (f) APPLICATION PROCESS.— 

2 (1) REPRESENTATION.—A noncitizen applying 

3 for admission to the United States as a special im4 migrant under this section may be represented dur5 ing the application process, including for relevant 

6 interviews and examinations, by an attorney or other 

7 accredited representative. Such representation shall 

8 not be at the expense of the United States Govern9 ment. 

10 (2) COMPLETION.— 

11 (A) IN GENERAL.—The Secretary of State 

12 and the Secretary, in consultation with the Sec13 retary of Defense, shall ensure that applications 

14 for special immigrant visas under this section 

15 are processed in such a manner so as to ensure 

16 that all steps under the control of the respective 

17 departments incidental to the issuance of such 

18 visas, including required screenings and back19 ground checks, are completed not later than 

20 270 days after the date on which an eligible 

21 noncitizen submits all required materials to 

22 apply for such visa. 

23 (B) RULE OF CONSTRUCTION.—Notwith24 standing subparagraph (A), the Secretary of 

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1 fense may take longer than 270 days to com2 plete the steps incidental to issuing a visa under 

3 this section if the Secretary of State, the Sec4 retary, or the Secretary of Defense, or a des5 ignee— 

6 (i) determines that the satisfaction of 

7 national security concerns requires addi8 tional time; and 

9 (ii) notifies the applicant of such de10 termination. 

11 (3) APPEAL.—A noncitizen whose petition for 

12 status as a special immigrant is rejected or re13 voked— 

14 (A) shall receive a written decision that 

15 provides, to the maximum extent feasible, infor16 mation describing the basis for the denial, in17 cluding the facts and inferences underlying the 

18 individual determination; and 

19 (B) shall be provided not more than 1 

20 written appeal per rejection or denial, which— 

21 (i) shall be submitted to the authority 

22 that issued the denial not more than 120 

23 days after the date on which the applicant 

24 receives a decision pursuant to subpara25 graph (A); 


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1 (ii) may request the reopening of such 

2 decision; and 

3 (iii) shall provide additional informa4 tion, clarify existing information, or ex5 plain any unfavorable information. 

6 (g) ELIGIBILITY FOR OTHER IMMIGRANT CLASSI7 FICATION.—A noncitizen may not be denied the oppor8 tunity to apply for admission under this section solely be9 cause such noncitizen— 

10 (1) qualifies as an immediate relative of a cit11 izen of the United States; or 

12 (2) is eligible for admission to the United 

13 States under any other immigrant classification. 

14 (h) PROCESSING MECHANISMS.—The Secretary of 

15 State shall use existing refugee processing mechanisms in 

16 Iraq and in other countries, as appropriate, in the region 

17 in which noncitizens described in subsection (b) may apply 

18 and interview for admission to the United States as special 

19 immigrants. 

20 (i) RESETTLEMENT SUPPORT.—A noncitizen who is 

21 granted special immigrant status under this section shall 

22 be eligible for the same resettlement assistance, entitle23 ment programs, and other benefits as are available to refu24 gees admitted under section 207 of the Immigration and 

25 Nationality Act (8 U.S.C. 1157). 


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1 (j) AUTHORITY TO CARRY OUT ADMINISTRATIVE

2 MEASURES.—The Secretary, the Secretary of State, and 

3 the Secretary of Defense shall implement any additional 

4 administrative measures they consider necessary and ap5 propriate— 

6 (1) to ensure the prompt processing of applica7 tions under this section; 

8 (2) to preserve the integrity of the program es9 tablished under this section; and 

10 (3) to protect the national security interests of 

11 the United States related to such program. 

12 (k) REPORT TO CONGRESS.— 

13 (1) IN GENERAL.—Not later than January 30 

14 each year, the Inspector General of the Department 

15 of State shall submit a report on the implementation 

16 of the Syrian special immigrant status program 

17 under this section for the preceding calendar year 

18 to— 

19 (A) the Committee on the Judiciary, the 

20 Committee on Foreign Relations, and the Com21 mittee on Armed Services of the Senate; and 

22 (B) the Committee on the Judiciary, the 

23 Committee on Foreign Affairs, and the Com24 mittee on Armed Services of the House of Rep25 resentatives. 


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1 (2) ELEMENTS.—Each report required by para2 graph (1) shall include, for the applicable calendar 

3 year, the following: 

4 (A) The number of petitions filed under 

5 such program. 

6 (B) The number of such petitions pending 

7 adjudication. 

8 (C) The number of such petitions pending 

9 visa interview. 

10 (D) The number of such petitions pending 

11 security checks. 

12 (E) The number of such petitions that 

13 were denied. 

14 (F) The number of cases under such pro15 gram that have exceeded the mandated proc16 essing time and relevant case numbers. 

17 (G) A description of any obstacle discov18 ered that would hinder effective implementation 

19 of such program. 

20 (3) CONSULTATION.—In preparing a report 

21 under subsection (a), the Inspector General shall 

22 consult with— 

23 (A) the Department of State, Bureau of 

24 Consular Affairs, Visa Office; 


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1 (B) the Department of State, Bureau of 

2 Near Eastern Affairs and South and Central 

3 Asian Affairs, Executive Office; 

4 (C) the Department of Homeland Security, 

5 U.S. Citizenship and Immigration Services; 

6 (D) the Department of Defense; and 

7 (E) nongovernmental organizations pro8 viding legal aid in the special immigrant visa 

9 application process. 

10 (4) FORM.—Each report required by paragraph 

11 (1) shall be submitted in unclassified form, but may 

12 include a classified annex. 

13 (5) PUBLICATION.—Each report submitted 

14 under this subsection shall be made available to the 

15 public on the internet website of the Department of 

16 State. 

17 (l) RULEMAKING.—Not later than 90 days after the 

18 date of the enactment of this Act, the Secretary, in con19 sultation with the Secretary of Defense and the Secretary 

20 of State, shall promulgate regulations to carry out this 

21 section, including establishing requirements for back22 ground checks. 

23 (m) SAVINGS PROVISION.—Nothing in this section 

24 may be construed to affect the authority of the Secretary 

25 under section 1059 of the National Defense Authorization 


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1 Act for Fiscal Year 2006 (Public Law 109–163; 8 U.S.C. 

2 1101 note). 

3 SEC. 4311. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated such sums 

5 as may be necessary to carry out this subtitle and the 

6 amendments made by this subtitle, including, in addition 

7 to annual funds derived from fee accounts of U.S. Citizen8 ship and Immigration Services, such sums as may be nec9 essary to reduce the backlog of asylum applications to the 

10 Refugee, Asylum and International Operations Direc11 torate. 

12 TITLE V—EMPLOYMENT AU13 THORIZATION AND PRO14 TECTING WORKERS FROM EX15 PLOITATION 

16 SEC. 5101. COMMISSION ON EMPLOYMENT AUTHORIZA17 TION. 

18 (a) ESTABLISHMENT.—Not later than the date that 

19 is 180 days after the date of the enactment of this Act, 

20 the President, in conjunction with the President pro tem21 pore of the Senate and the Speaker of the House of Rep22 resentatives, shall establish the Employment Authoriza23 tion Commission (referred to in this section as the ‘‘Com24 mission’’). 

25 (b) COMPOSITION.— 


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1 (1) IN GENERAL.—The Commission shall be 

2 composed of 10 members, of whom— 

3 (A) 6 members shall be appointed by the 

4 President and shall include representatives of 

5 the employer, labor, and civil rights commu6 nities; 

7 (B) 2 members shall be appointed by the 

8 President pro tempore of the Senate, of 

9 whom— 

10 (i) 1 shall be appointed upon the rec11 ommendation of the leader in the Senate to 

12 represent the interests of employees who 

13 experience discrimination in the course of 

14 their employer or potential employer’s 

15 verification of their employment authoriza16 tion; and 

17 (ii) 1 shall be appointed upon the rec18 ommendation of the leader in the Senate to 

19 represent the interests of employers; and 

20 (C) 2 members shall be appointed by the 

21 Speaker of the House of Representatives, of 

22 whom— 

23 (i) 1 shall be appointed upon the rec24 ommendation of the leader in the House of 

25 Representatives to represent the interests 


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1 of employees who experience discrimination 

2 in the course of their employer or potential 

3 employer’s verification of their employment 

4 authorization; and 

5 (ii) 1 shall be appointed upon the rec6 ommendation of the leader in the House of 

7 Representatives to represent the interests 

8 of employers. 

9 (2) QUALIFICATIONS FOR APPOINTMENT.—The 

10 members of the Commission shall be distinguished 

11 individuals who are noted for their knowledge and 

12 experience in the field of employment verification. 

13 (3) TIME OF APPOINTMENT.—The appoint14 ments required under paragraph (1) shall be made 

15 not later than 180 days after the date of the enact16 ment of this Act. 

17 (4) CHAIR.—At the first meeting of the Com18 mission, a majority of the members of the Commis19 sion present and voting, including at least 6 mem20 bers of the Commission, shall elect the Chair of the 

21 Commission. 

22 (5) VACANCIES.—Any vacancy of the Commis23 sion shall not affect its powers, but shall be filled in 

24 the manner in which the original appointment was 

25 made. 


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1 (6) RULES AND PROCEDURES.— 

2 (A) ESTABLISHMENT.—The Commission 

3 shall establish the rules and procedures of the 

4 Commission, which shall require the approval of 

5 at least 6 members of the Commission. 

6 (B) RECOMMENDATIONS AND DECI7 SIONS.—All recommendations and decisions of 

8 the Commission shall require the approval of at 

9 least 6 members of the Commission. Individual 

10 members may provide minority or dissenting 

11 opinions. 

12 (c) DUTIES.— 

13 (1) IN GENERAL.—The Commission shall— 

14 (A) make recommendations to the Presi15 dent, the Secretary, and Congress regarding 

16 policies to verify the eligibility of noncitizens for 

17 employment in the United States; 

18 (B) evaluate methods for verification of 

19 employment eligibility that respect— 

20 (i) the rights of employment-author21 ized individuals to work in the United 

22 States; and 

23 (ii) the freedom from discrimination 

24 based on race or national origin of all 

25 workers; and 


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1 (C) review error rates for the E-Verify pro2 gram, including the impact on various popu3 lations by national origin, race, gender, and so4 cioeconomic background. 

5 (2) PUBLIC HEARINGS.— 

6 (A) IN GENERAL.—The Commission shall 

7 convene at least 1 public hearing on verification 

8 for employment of foreign nationals in the 

9 United States. 

10 (B) REPORT.—The Commission shall pro11 vide a summary of each hearing convened pur12 suant to subparagraph (A) to the President, the 

13 Secretary, and Congress. 

14 (d) ACCESS TO INFORMATION.—The Immigrant and 

15 Employee Rights Section of the Department of Justice 

16 shall furnish information to the Commission regarding 

17 employee complaints, mediations, and investigations in18 volving the employment eligibility verification practices of 

19 employers. 

20 (e) REPORT.—Not later than 180 days after all mem21 bers of the Commission have been appointed pursuant to 

22 subsection (b), the Commission shall submit a report to 

23 the President, the Secretary, and Congress that in24 cludes— 


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1 (1) specific policy recommendations for achiev2 ing and maintaining the goals specified in subsection 

3 (c); 

4 (2) recommendations for improvements to exist5 ing employment verification systems, such as the I– 

6 9 process and E-Verify, to ensure that workers are 

7 not denied employment on the basis of false 

8 positives. 

9 (f) TRAVEL EXPENSES.—Members of the Commis10 sion shall be allowed travel expenses, including per diem 

11 in lieu of subsistence at rates authorized for employees 

12 of agencies under subchapter I of chapter 57 of title 5, 

13 United States Code, while away from their homes or reg14 ular places of business in the performance of services for 

15 the Commission. 

16 (g) ADMINISTRATIVE SUPPORT.—The Secretary shall 

17 provide the Commission such staff and administrative 

18 services as may be necessary and appropriate for the Com19 mission to perform its functions. Any employee of the ex20 ecutive branch of Government may be detailed to the Com21 mission without reimbursement to the agency of that em22 ployee and such detail shall be without interruption or loss 

23 of civil service or status or privilege. 

24 (h) COMPTROLLER GENERAL REVIEW.—The Comp25 troller General of the United States shall review the recVerDate Sep 11 2014 21:22 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00319 Fmt 6652 Sfmt 6201 E:\BILLS\S348.IS S348

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1 ommendations in the report submitted pursuant to sub2 section (e) to determine— 

3 (1) which recommendations are most likely to 

4 improve existing employment verification systems; 

5 and 

6 (2) whether such recommendations are feasible 

7 within existing budget constraints. 

8 (i) TERMINATION.—The Commission shall terminate 

9 on the date that is 2 years after the date of the enactment 

10 of this Act. 

11 SEC. 5102. POWER ACT. 

12 (a) PROTECTION FOR VICTIMS OF LABOR AND EM13 PLOYMENT VIOLATIONS.—Section 101(a)(15)(U) of the 

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

15 1101(a)(15)(U)) is amended— 

16 (1) in clause (i)— 

17 (A) by amending subclause (I) to read as 

18 follows: 

19 ‘‘(I) the noncitizen— 

20 ‘‘(aa) has suffered substantial 

21 abuse or harm as a result of having 

22 been a victim of criminal activity de23 scribed in clause (iii); 


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1 ‘‘(bb) has suffered substantial 

2 abuse or harm related to a violation 

3 described in clause (iv); 

4 ‘‘(cc) is a victim of criminal ac5 tivity described in clause (iii) and 

6 would suffer extreme hardship upon 

7 removal; or 

8 ‘‘(dd) has suffered a violation de9 scribed in clause (iv) and would suffer 

10 extreme hardship upon removal;’’; 

11 (B) in subclause (II), by inserting ‘‘, or a 

12 labor or employment violation resulting in a 

13 workplace claim described in clause (iv)’’ before 

14 the semicolon at the end; 

15 (C) in subclause (III)— 

16 (i) by striking ‘‘or State judge, to the 

17 Service’’ and inserting ‘‘, State, or local 

18 judge, to the Department of Homeland Se19 curity, to the Equal Employment Oppor20 tunity Commission, to the Department of 

21 Labor, to the National Labor Relations 

22 Board’’; and 

23 (ii) by inserting ‘‘, or investigating, 

24 prosecuting, or seeking civil remedies for a 

25 labor or employment violation related to a 


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1 workplace claim described in clause (iv)’’ 

2 before the semicolon at the end; and 

3 (D) in subclause (IV)— 

4 (i) by inserting ‘‘(aa)’’ after ‘‘(IV)’’; 

5 (ii) by inserting ‘‘or’’ after the semi6 colon at the end; and 

7 (iii) by adding at the end the fol8 lowing: 

9 ‘‘(bb) a workplace claim described in clause 

10 (iv) resulted from a labor or employment viola11 tion;’’; 

12 (2) in clause (ii)(II), by striking ‘‘and’’ at the 

13 end; 

14 (3) in clause (iii), by striking ‘‘or’’ at the end 

15 and inserting ‘‘and’’; and 

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

17 ‘‘(iv) if the labor or employment violation re18 lated to a workplace claim, the noncitizen— 

19 ‘‘(I) has filed, is a material witness in, or 

20 is likely to be helpful in the investigation of, a 

21 bona fide workplace claim (as defined in section 

22 274A(e)(10)(B)(i)(II)); and 

23 ‘‘(II) reasonably fears, has been threatened 

24 with, or has been the victim of, an action in25 volving force, physical restraint, retaliation, or 


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1 abuse of the immigration or other legal process 

2 against the noncitizen or another person by the 

3 employer in relation to acts underlying the 

4 workplace claim or related to the filing of the 

5 workplace claim; or’’. 

6 (b) REQUIREMENTS APPLICABLE TO U NON7 IMMIGRANT VISAS.—Section 214(p) of the Immigration 

8 and Nationality Act (8 U.S.C. 1184(p)), as amended by 

9 section 4304, is further amended— 

10 (1) in paragraph (1)— 

11 (A) by striking ‘‘The petition’’ and insert12 ing the following: 

13 ‘‘(A) IN GENERAL.—The petition’’; 

14 (B) by inserting ‘‘or investigating, pros15 ecuting, or seeking civil remedies for workplace 

16 claims described in section 101(a)(15)(U)(iv)’’ 

17 after ‘‘section 101(a)(15)(U)(iii)’’ each place 

18 such term appears; and 

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

20 ‘‘(B) FEES.—A noncitizen petitioning for, 

21 or having status under, section 101(a)(15)(U) 

22 may not be required to submit any fee (or re23 quest any fee waiver) in connection with such 

24 petition or status, including fees associated with 


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1 biometric services or an application for advance 

2 permission to enter as a nonimmigrant. 

3 ‘‘(C) CONFIDENTIALITY OF INFORMA4 TION.—The Secretary of Homeland Security 

5 and the Attorney General may not use the in6 formation furnished pursuant to a petition for 

7 status under section 101(a)(15)(U) for pur8 poses of initiating or carrying out a removal 

9 proceeding.’’; 

10 (2) in paragraph (6)— 

11 (A) by inserting ‘‘or workplace claims de12 scribed in section 101(a)(15)(U)(iv)’’ after ‘‘de13 scribed in section 101(a)(15)(U)(iii)’’; and 

14 (B) by inserting ‘‘or workplace claim’’ 

15 after ‘‘prosecution of such criminal activity’’; 

16 and 

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

18 ‘‘(9) TEMPORARY PROTECTION FOR VICTIMS

19 OF CRIME, LABOR, AND EMPLOYMENT VIOLA20 TIONS.—Notwithstanding any other provision of law, 

21 the Secretary of Homeland Security may permit a 

22 noncitizen to temporarily remain in the United 

23 States, and grant such noncitizen employment au24 thorization, if the Secretary determines that the 

25 noncitizen— 


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1 ‘‘(A) has filed for relief under section 

2 101(a)(15)(U); or 

3 ‘‘(B)(i) has filed, or is a material witness 

4 to, a bona fide workplace claim (as defined in 

5 section 274A(e)(10)(B)(i)(II)); and 

6 ‘‘(ii) has been helpful, is being helpful, or 

7 is likely to be helpful to— 

8 ‘‘(I) a Federal, State, or local law en9 forcement official; 

10 ‘‘(II) a Federal, State, or local pros11 ecutor; 

12 ‘‘(III) a Federal, State, or local judge; 

13 ‘‘(IV) the Department of Homeland 

14 Security; 

15 ‘‘(V) the Equal Employment Oppor16 tunity Commission; 

17 ‘‘(VI) the Department of Labor, in18 cluding the Occupational Safety and 

19 Health Administration; 

20 ‘‘(VII) the National Labor Relations 

21 Board; 

22 ‘‘(VIII) the head official of a State or 

23 local government department of labor, 

24 workforce commission, or human relations 

25 commission or council; or 


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1 ‘‘(IX) other Federal, State, or local 

2 authorities investigating, prosecuting, or 

3 seeking civil remedies related to the work4 place claim.’’. 

5 (c) REMOVAL PROCEEDINGS.—Section 239(e) of the 

6 Immigration and Nationality Act (8 U.S.C. 1229(e)) is 

7 amended— 

8 (1) in paragraph (1)— 

9 (A) by striking ‘‘In cases where’’ and in10 serting ‘‘If’’; and 

11 (B) by inserting ‘‘or as a result of informa12 tion provided to the Department of Homeland 

13 Security in retaliation against individuals for 

14 exercising or attempting to exercise their em15 ployment rights or other legal rights’’ after 

16 ‘‘paragraph (2)’’; and 

17 (2) in paragraph (2), by adding at the end the 

18 following: 

19 ‘‘(C) At a facility about which a workplace 

20 claim has been filed or is contemporaneously 

21 filed.’’. 

22 (d) ADJUSTMENT OF STATUS FOR VICTIMS OF

23 CRIMES.—Section 245(m)(1) of the Immigration and Na24 tionality Act (8 U.S.C. 1255(m)(1)) is amended— 


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1 (1) in the matter preceding subparagraph (A), 

2 by inserting ‘‘The’’ before ‘‘Secretary of Homeland 

3 Security’’; and 

4 (2) by inserting ‘‘or an investigation or prosecu5 tion regarding a workplace claim’’ after ‘‘prosecu6 tion’’. 

7 (e) UNLAWFUL EMPLOYMENT OF NONCITIZENS.— 

8 Section 274A(e) of the Immigration and Nationality Act 

9 (8 U.S.C. 1324a(e)) is amended by adding at the end the 

10 following: 

11 ‘‘(10) CONDUCT IN ENFORCEMENT ACTIONS.— 

12 ‘‘(A) DEFINITIONS.—In this paragraph: 

13 ‘‘(i) MATERIAL WITNESS.—The term 

14 ‘material witness’ means an individual who 

15 presents a declaration from an attorney in16 vestigating, prosecuting, or defending the 

17 workplace claim or from the presiding offi18 cer overseeing the workplace claim attest19 ing that, to the best of the declarant’s 

20 knowledge and belief, reasonable cause ex21 ists to believe that the testimony of the in22 dividual will be relevant to the outcome of 

23 the workplace claim. 

24 ‘‘(ii) WORKPLACE CLAIM.—The term 

25 ‘workplace claim’ means any written or 


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1 oral claim, charge, complaint, or grievance 

2 filed with, communicated to, or submitted 

3 to the employer, a Federal, State, or local 

4 agency or court, or an employee represent5 ative related to the violation of applicable 

6 Federal, State, and local labor laws, in7 cluding laws concerning wages and hours, 

8 labor relations, family and medical leave, 

9 occupational health and safety, civil rights, 

10 or nondiscrimination. 

11 ‘‘(B) ENFORCEMENT ACTION.—If the Sec12 retary of Homeland Security conducts an en13 forcement action at a facility about which a 

14 workplace claim has been filed or is contem15 poraneously filed, or as a result of information 

16 provided to the Department of Homeland Secu17 rity in retaliation against employees for exer18 cising their rights related to a workplace claim, 

19 the Secretary shall ensure that— 

20 ‘‘(i) any noncitizens arrested or de21 tained who are necessary for the investiga22 tion or prosecution of workplace claim vio23 lations or criminal activity (as described in 

24 subparagraph (T) or (U) of section 


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1 101(a)(15)) are not removed from the 

2 United States until after the Secretary— 

3 ‘‘(I) notifies the appropriate law 

4 enforcement agency with jurisdiction 

5 over such violations or criminal activ6 ity; and 

7 ‘‘(II) provides such agency with 

8 the opportunity to interview such non9 citizens; and 

10 ‘‘(ii) noncitizens entitled to a stay of 

11 removal or abeyance of removal pro12 ceedings under this section are not re13 moved. 

14 ‘‘(C) PROTECTIONS FOR VICTIMS OF

15 CRIME, LABOR, AND EMPLOYMENT VIOLA16 TIONS.— 

17 ‘‘(i) STAY OF REMOVAL OR ABEYANCE

18 OF REMOVAL PROCEEDINGS.—Any noncit19 izen against whom removal proceedings 

20 have been initiated under chapter 4 of title 

21 II, who has filed a workplace claim, who is 

22 a material witness in any pending or an23 ticipated proceeding involving a bona fide 

24 workplace claim, or who has filed for relief 

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1 tled to a stay of removal or an abeyance of 

2 removal proceedings and to employment 

3 authorization until the later of the resolu4 tion of the workplace claim or the denial of 

5 relief under section 101(a)(15)(U) after 

6 exhaustion of administrative appeals unless 

7 the Secretary establishes, by a preponder8 ance of the evidence in proceedings before 

9 the immigration judge presiding over such 

10 noncitizen’s removal hearing, that— 

11 ‘‘(I) the noncitizen has been con12 victed of a felony or; 

13 ‘‘(II) the workplace claim was 

14 filed in bad faith with the intent to 

15 delay or avoid the noncitizen’s re16 moval. 

17 ‘‘(ii) DURATION.—Any stay of re18 moval or abeyance of removal proceedings 

19 and employment authorization issued pur20 suant to clause (i)— 

21 ‘‘(I) shall remain valid until the 

22 resolution of the workplace claim or 

23 the denial of relief under section 

24 101(a)(15)(U) after the exhaustion of 

25 administrative appeals; and 


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1 ‘‘(II) shall be extended by the 

2 Secretary of Homeland Security for a 

3 period not to exceed 10 additional 

4 years upon determining that— 

5 ‘‘(aa) such relief would en6 able the noncitizen asserting a 

7 workplace claim to pursue the 

8 claim to resolution; 

9 ‘‘(bb) the deterrent goals of 

10 any statute underlying a work11 place claim would be served; or 

12 ‘‘(cc) such extension would 

13 otherwise further the interests of 

14 justice.’’. 

15 (f) CHANGE OF NONIMMIGRANT CLASSIFICATION.— 

16 Section 384(a)(1) of the Illegal Immigration Reform and 

17 Immigrant Responsibility Act of 1996 (8 U.S.C. 

18 1367(a)(1)) is amended— 

19 (1) in subparagraph (E), by striking ‘‘physical 

20 or mental abuse and the criminal activity,’’ and in21 serting ‘‘abuse and the criminal activity or work22 place claim;’’; 

23 (2) in subparagraph (F), by striking the comma 

24 at the end and inserting ‘‘; or’’; and 


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1 (3) by inserting after subparagraph (F) the fol2 lowing: 

3 ‘‘(G) the noncitizen’s employer,’’. 

4 SEC. 5103. ADDITIONAL CIVIL PENALTY. 

5 Section 274A of the Immigration and Nationality Act 

6 (8 U.S.C. 1324a) is amended— 

7 (1) in subsection (a)— 

8 (A) by redesignating paragraph (7) as 

9 paragraph (8); and 

10 (B) by inserting after paragraph (6) the 

11 following: 

12 ‘‘(7) ADDITIONAL CIVIL PENALTIES.—An em13 ployer is subject to an additional civil penalty under 

14 subsection (e)(12) if— 

15 ‘‘(A) the employer engages in a civil viola16 tion of Federal, State, or local labor laws, in17 cluding— 

18 ‘‘(i) laws concerning wages and hours, 

19 labor relations, family and medical leave, 

20 occupational health and safety, civil rights, 

21 or nondiscrimination; and 

22 ‘‘(ii) a finding by the agency enforcing 

23 such law in the course of a final settlement 

24 of such violation; and 


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1 ‘‘(B) such violation takes place with re2 spect to an unauthorized worker.’’; 

3 (2) in subsection (e), as amended by section 

4 5102(f), by adding at the end the following: 

5 ‘‘(11) ADDITIONAL CIVIL PENALTIES.—An 

6 order under this subsection for a violation of sub7 section (a)(7) shall require the employer— 

8 ‘‘(A) to cease and desist from such viola9 tion; and 

10 ‘‘(B) to pay a civil penalty in an amount 

11 not to exceed $5,000 for each unauthorized 

12 noncitizen with respect to whom a violation of 

13 such subsection occurred.’’; and 

14 (3) in subsection (f)(2), by striking ‘‘(1)(A) or 

15 (2)’’ and inserting ‘‘(1)(A), (2), or (7)’’. 

16 SEC. 5104. CONTINUED APPLICATION OF WORKFORCE AND 

17 LABOR PROTECTION REMEDIES. 

18 Section 274A(e) of the Immigration and Nationality 

19 Act, as amended by sections 5102(e) and 5103(2), is fur20 ther amended by adding at the end the following: 

21 ‘‘(12) RIGHTS, REMEDIES, AND RELIEF.—Not22 withstanding an employee’s status as an unauthor23 ized noncitizen during the time of relevant employ24 ment or during the back pay period or the failure of 

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1 quirements under this section or with any other pro2 vision of Federal law relating to the unlawful em3 ployment of noncitizens— 

4 ‘‘(A) all rights, remedies, and relief pro5 vided under any Federal, State, or local law re6 lating to workplace rights, including reinstate7 ment and back pay, are available to such em8 ployee; and 

9 ‘‘(B) a court may not prohibit such an em10 ployee from pursuing other causes of action giv11 ing rise to liability in a civil action.’’. 

12 SEC. 5105. PROHIBITION ON DISCRIMINATION BASED ON 

13 NATIONAL ORIGIN OR CITIZENSHIP STATUS. 

14 (a) IN GENERAL.—Section 274B(a) of the Immigra15 tion and Nationality Act (8 U.S.C. 1324b(a)) is amended 

16 to read as follows: 

17 ‘‘(a) PROHIBITION ON DISCRIMINATION BASED ON

18 NATIONAL ORIGIN OR CITIZENSHIP STATUS.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graphs (2) and (3), it is an unfair immigration-re21 lated employment practice for a person, other entity, 

22 or employment agency to discriminate against any 

23 individual (other than an unauthorized noncitizen 

24 (as defined in section 274A(h)(3))) because of such 


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1 individual’s national origin or citizenship status, 

2 with respect to— 

3 ‘‘(A) the hiring of the individual for em4 ployment; 

5 ‘‘(B) the verification of the individual’s eli6 gibility to work in the United States; or 

7 ‘‘(C) the discharging of the individual from 

8 employment. 

9 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

10 apply to— 

11 ‘‘(A) a person, other entity, or employer 

12 that employs 3 or fewer employees (other than 

13 an employment agency); 

14 ‘‘(B) a person’s or entity’s discrimination 

15 based upon an individual’s national origin if the 

16 discrimination with respect to that employer, 

17 person, or entity and that individual is covered 

18 under section 703 of the Civil Rights Act of 

19 1964 (42 U.S.C. 2000e–2), unless the discrimi20 nation is related to an individual’s verification 

21 of employment authorization; or 

22 ‘‘(C) discrimination based upon an individ23 ual’s citizenship status if such discrimination— 


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1 ‘‘(i) is required in order to comply 

2 with a provision of Federal, State, or local 

3 law related to law enforcement; 

4 ‘‘(ii) is required by a contract with the 

5 Federal Government; or 

6 ‘‘(iii) is determined by the Secretary 

7 of Homeland Security or the Attorney 

8 General to be essential for an employer to 

9 do business with an agency or department 

10 of the Federal Government or with a 

11 State, Tribal, or local government. 

12 ‘‘(3) ADDITIONAL EXCEPTION PROVIDING

13 RIGHT TO PREFER EQUALLY QUALIFIED CITIZENS.— 

14 It is not an unfair immigration-related employment 

15 practice for an employer to prefer to hire, recruit, or 

16 refer for a fee an individual who is a citizen or na17 tional of the United States over another individual 

18 who is a noncitizen if the 2 individuals are equally 

19 qualified. 

20 ‘‘(4) UNFAIR IMMIGRATION-RELATED EMPLOY21 MENT PRACTICES RELATING TO THE SYSTEM.—It is 

22 an unfair immigration-related employment practice 

23 for a person, other entity, or employment agency— 

24 ‘‘(A) to use the employment verification 

25 system described in section 274A (referred to in 


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1 this title as the ‘System’) to deny workers’ em2 ployment or post-employment benefits; 

3 ‘‘(B) to misuse the System to discriminate 

4 based on national origin or citizenship status; 

5 ‘‘(C) to require an employee or prospective 

6 employee to use any self-verification feature of 

7 the System or provide, as a condition of appli8 cation or employment, any self-verification re9 sults; 

10 ‘‘(D) to use an immigration status 

11 verification system, service, or method other 

12 than those described in section 274A for pur13 poses of verifying employment eligibility; 

14 ‘‘(E) to grant access to document 

15 verification or System data, to any individual or 

16 entity not authorized to have such access; or 

17 ‘‘(F) to fail to take reasonable safeguards 

18 to protect against unauthorized loss, use, alter19 ation, or destruction of System data. 

20 ‘‘(5) PROHIBITION OF INTIMIDATION OR RETAL21 IATION.—It is an unfair immigration-related employ22 ment practice for a person, other entity, or employ23 ment agency to intimidate, threaten, coerce, or re24 taliate against any individual— 


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1 ‘‘(A) for the purpose of interfering with 

2 any right or privilege secured under this sec3 tion; or 

4 ‘‘(B) because the individual intends to file, 

5 or has filed, a charge or a complaint, or testi6 fied, assisted, or participated in any manner in 

7 an investigation, proceeding, or hearing under 

8 this section. 

9 ‘‘(6) TREATMENT OF CERTAIN DOCUMENTARY

10 PRACTICES AS EMPLOYMENT PRACTICES.—It is an 

11 unfair immigration-related employment practice for 

12 a person, other entity, or employment agency, for 

13 purposes of verifying employment eligibility— 

14 ‘‘(A) to request that an individual submit 

15 specific documents, more documents, or dif16 ferent documents than are required under sec17 tion 274A; or 

18 ‘‘(B) to refuse to honor documents sub19 mitted by an individual that reasonably appear 

20 on their face to be genuine. 

21 ‘‘(7) PROHIBITION OF WITHHOLDING EMPLOY22 MENT RECORDS.—It is an unfair immigration-re23 lated employment practice for an employer that is 

24 required under Federal, State, or local law to main25 tain records documenting employment, including 


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1 dates or hours of work and wages received, to fail 

2 to provide such records to any employee to whom the 

3 records pertain, upon request by such employee. 

4 ‘‘(8) PROFESSIONAL, COMMERCIAL, AND BUSI5 NESS LICENSES.—An individual who is authorized to 

6 be employed in the United States may not be denied 

7 a professional, commercial, or business license on 

8 the basis of his or her immigration status. 

9 ‘‘(9) EMPLOYMENT AGENCY DEFINED.—In this 

10 section, the term ‘employment agency’ means any 

11 employer, person, entity, or agent of such employer, 

12 person, or entity that regularly undertakes, with or 

13 without compensation, to procure employees for em14 ployers or to procure for employees opportunities to 

15 work for employers.’’. 

16 (b) REFERRAL BY EEOC.—Section 274B(b) of the 

17 Immigration and Nationality Act (8 U.S.C. 1324b(b)) is 

18 amended by adding at the end the following: 

19 ‘‘(3) REFERRAL BY EEOC.—The Equal Employ20 ment Opportunity Commission shall refer all matters 

21 alleging immigration-related unfair employment 

22 practices filed with the Commission, including those 

23 alleging violations of paragraph (1), (4), (5), or (6) 

24 of subsection (a), to the Immigrant and Employment 

25 Rights Section of the Department of Justice.’’. 


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1 (c) FINES.— 

2 (1) IN GENERAL.—Section 274B(g)(2)(B)(iv) of 

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

4 1324b(g)(2)(B)(iv)) is amended to read as follows: 

5 ‘‘(iv) to pay the civil penalties set 

6 forth in this clause, which may be adjusted 

7 periodically to account for inflation, includ8 ing— 

9 ‘‘(I) except as provided in sub10 clauses (II) through (IV), a civil pen11 alty of not less than $2,000 and not 

12 more than $5,000 for each individual 

13 subjected to an unfair immigration-re14 lated employment practice; 

15 ‘‘(II) except as provided in sub16 clauses (III) and (IV), in the case of 

17 an employer, person, or entity pre18 viously subject to 1 order under this 

19 paragraph, a civil penalty of not less 

20 than $4,000 and not more than 

21 $10,000 for each individual subjected 

22 to an unfair immigration-related em23 ployment practice; 

24 ‘‘(III) except as provided in sub25 clause (IV), in the case of an emVerDate Sep 11 2014 21:22 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00340 Fmt 6652 Sfmt 6201 E:\BILLS\S348.IS S348

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1 ployer, person, or entity previously 

2 subject to more than 1 order under 

3 this paragraph, a civil penalty of not 

4 less than $8,000 and not more than 

5 $25,000 for each individual subjected 

6 to an unfair immigration-related em7 ployment practice; and 

8 ‘‘(IV) in the case of an unfair im9 migration-related employment practice 

10 described in paragraphs (4) through 

11 (7) of subsection (a), a civil penalty of 

12 not less than $500 and not more than 

13 $2,000 for each individual subjected 

14 to an unfair immigration-related em15 ployment practice.’’. 

16 (2) EFFECTIVE DATE.—The amendment made 

17 by paragraph (1)— 

18 (A) shall take effect on the date that is 1 

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

20 and 

21 (B) shall apply to violations occurring on 

22 or after such date of enactment. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

24 274B(l)(3) (8 U.S.C. 1324b(l)(3)) is amended to read as 

25 follows: 


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1 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated to carry out 

3 this subsection— 

4 ‘‘(A) $10,000,000 for each fiscal year (be5 ginning with fiscal year 1991); and 

6 ‘‘(B) an additional $40,000,000 for each of 

7 fiscal years 2022 through 2024.’’. 

8 SEC. 5106. FAIRNESS FOR FARMWORKERS. 

9 (a) IN GENERAL.—Section 7 of the Fair Labor 

10 Standards Act of 1938 (29 U.S.C. 207) is amended— 

11 (1) in subsection (a), by adding at the end the 

12 following: 

13 ‘‘(3)(A) Except as provided in subparagraph (C), be14 ginning on January 1, 2022, no employer shall employ any 

15 employee employed in agriculture who in any workweek 

16 is engaged in commerce or in the production of goods for 

17 commerce, or is employed in an enterprise engaged in 

18 commerce or in the production of goods for commerce for 

19 a workweek that is longer than the hours specified under 

20 subparagraph (B), unless such employee receives com21 pensation for employment in excess of the hours specified 

22 in such subparagraph at a rate not less than 150 percent 

23 of the regular rate at which the employee is employed. 

24 ‘‘(B) The hours specified in this subparagraph are, 

25 subject to subparagraph (C), as follows: 


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1 ‘‘(i) Beginning on January 1, 2022, 55 hours in 

2 any workweek. 

3 ‘‘(ii) Beginning on January 1, 2023, 50 hours 

4 in any workweek. 

5 ‘‘(iii) Beginning on January 1, 2024, 45 hours 

6 in any workweek. 

7 ‘‘(iv) Beginning on January 1, 2025, 40 hours 

8 in any workweek. 

9 ‘‘(C) With respect to any employer that employs 25 

10 or fewer employees— 

11 ‘‘(i) the requirement under subparagraph (A) 

12 shall begin on January 1, 2025; and 

13 ‘‘(ii) the hours specified under subparagraph 

14 (B) shall be as follows: 

15 ‘‘(I) The number of hours specified under 

16 subparagraph (B)(i) shall begin on January 1, 

17 2025. 

18 ‘‘(II) The number of hours specified under 

19 subparagraph (B)(ii) shall begin on January 1, 

20 2026. 

21 ‘‘(III) The number of hours specified 

22 under subparagraph (B)(iii) shall begin on Jan23 uary 1, 2027. 


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1 ‘‘(IV) The number of hours specified under 

2 subparagraph (B)(iv) shall begin on January 1, 

3 2028.’’; and 

4 (2) by striking subsection (m). 

5 (b) REMOVING CERTAIN EXEMPTIONS FOR AGRICUL6 TURAL WORK.—Section 13 of the Fair Labor Standards 

7 Act of 1938 (29 U.S.C. 213) is amended— 

8 (1) in subsection (a), by amending paragraph 

9 (6) to read as follows: 

10 ‘‘(6) any employee employed in agriculture who 

11 is the parent, spouse, child, or other member of the 

12 employer’s immediate family;’’; 

13 (2) in subsection (b)— 

14 (A) by striking paragraphs (12) through 

15 (16); and 

16 (B) by redesignating paragraphs (17), 

17 (20), (21), (24), (27), (28), (29), and (30) as 

18 paragraphs (12), (13), (14), (15), (16), (17), 

19 (18), and (19), respectively; and 

20 (3) by striking subsections (h) through (j). 

21 (c) CONFORMING AMENDMENTS.— 

22 (1) FAIR LABOR STANDARDS ACT OF 1938.— 

23 Section 13(c)(1)(A) of the Fair Labor Standards 

24 Act of 1938 (29 U.S.C. 213(c)(1)(A)) is amended by 

25 striking ‘‘none of the employees’’ and all that follows 


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1 through and inserting ‘‘all of the employees of which 

2 are employed in agriculture and are employed by an 

3 employer who did not, during any calendar quarter 

4 during the preceding calendar year, use more than 

5 500 man-days of agricultural labor (within the 

6 meaning of the exemption under subsection 

7 (a)(6)(A)), as in effect on the day before the date 

8 of the enactment of the U.S. Citizenship Act),’’. 

9 (2) MIGRANT AND SEASONAL AGRICULTURAL

10 WORKER PROTECTION ACT.—The Migrant and Sea11 sonal Agricultural Worker Protection Act (Public 

12 Law 97–470) is amended— 

13 (A) in section 3 (29 U.S.C. 1802)— 

14 (i) in paragraph (8), by amending 

15 subparagraph (B) to read as follows: 

16 ‘‘(B) The term ‘migrant agricultural worker’ 

17 does not include any immediate family member of an 

18 agricultural employer or a farm labor contractor.’’; 

19 and 

20 (ii) in paragraph (10), by amending 

21 subparagraph (B) to read as follows: 

22 ‘‘(B) The term ‘seasonal agricultural worker’ 

23 does not include— 

24 ‘‘(i) any migrant agricultural worker; or 


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1 ‘‘(ii) any immediate family member of an 

2 agricultural employer or a farm labor con3 tractor.’’; and 

4 (B) in section 4(a) (29 U.S.C. 1803(a)), 

5 by amending paragraph (2) to read as follows: 

6 ‘‘(2) SMALL BUSINESS EXEMPTION.—Any per7 son, other than a farm labor contractor, who did 

8 not, during any calendar quarter during the pre9 ceding calendar year, use more than 500 man-days 

10 of agricultural labor (within the meaning of the ex11 emption under section 13(a)(6)(A) of the Fair Labor 

12 Standards Act of 1938 (29 U.S.C. 213(a)(6)(A)), as 

13 in effect on the day before the date of the enactment 

14 of the U.S. Citizenship Act).’’. 

15 (d) EFFECTIVE DATES.— 

16 (1) IN GENERAL.—The amendments made by 

17 subsections (a)(2), (b)(1), (b)(3), and (c) shall take 

18 effect on— 

19 (A) January 1, 2025, with respect to an 

20 employer that employs more than 25 employees; 

21 and 

22 (B) January 1, 2028, with respect to an 

23 employer that employs 25 or fewer employees. 

24 (2) OTHER AMENDMENTS.—The amendments 

25 made by subsection (b)(2) shall take effect on— 


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1 (A) January 1, 2022, with respect to an 

2 employer that employs more than 25 employees; 

3 and 

4 (B) January 1, 2025, with respect to an 

5 employer that employs 25 or fewer employees. 

6 SEC. 5107. PROTECTIONS FOR MIGRANT AND SEASONAL LA7 BORERS. 

8 Section 501 of the Migrant and Seasonal Agricultural 

9 Worker Protection Act (29 U.S.C. 1851) is amended— 

10 (1) by amending subsection (a) to read as fol11 lows: 

12 ‘‘(a) VIOLATIONS OF THIS ACT.— 

13 ‘‘(1) IN GENERAL.—Except as otherwise pro14 vided in this section, any person who willfully and 

15 knowingly violates this Act or any regulation under 

16 this Act— 

17 ‘‘(A) shall be fined not more than $1,000, 

18 sentenced to prison for a term not to exceed 1 

19 year, or both; and 

20 ‘‘(B) upon conviction for any subsequent 

21 violation of this Act or any regulation under 

22 this Act, shall be fined not more than $10,000, 

23 sentenced to prison for a term not to exceed 3 

24 years, or both. 


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1 ‘‘(2) IDENTIFICATION DOCUMENT OFFENSES.— 

2 Any person who knowingly destroys, conceals, re3 moves, confiscates, or possesses any actual or pur4 ported passport or other immigration document, or 

5 any other actual or purported government identifica6 tion document of another person or threatens to do 

7 so in furtherance of a violation of this Act shall be 

8 fined under title 18, United States Code, imprisoned 

9 not more than 3 years, or both. 

10 ‘‘(3) TRAVEL RESTRICTIONS.—Any person who 

11 knowingly restricts or attempts to prevent or re12 strict, without lawful authority, a person’s liberty to 

13 move or travel, in furtherance of a violation of this 

14 Act, shall be fined under title 18, United States 

15 Code, imprisoned not more than 5 years, or both. 

16 ‘‘(4) BODILY INJURY.—If bodily injury results 

17 from any acts committed by any person in violation 

18 of this Act, or if such acts include sexual abuse or 

19 an attempt to commit sexual abuse (as described in 

20 section 2242 of title 18, United States Code), or if 

21 such acts include the use, attempted use, or threat22 ened use of a dangerous weapon, explosives, or fire, 

23 the person shall be fined under title 18, United 

24 States Code, imprisoned not more than 10 years, or 

25 both. 


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1 ‘‘(5) DEATH.—If death results from any acts 

2 committed by any person in violation of this Act, or 

3 if such acts include kidnaping or an attempt to kid4 nap, aggravated sexual abuse, or an attempt to com5 mit aggravated sexual abuse, or an attempt to kill, 

6 the person shall be fined under title 18, United 

7 States Code, imprisoned for any term of years or for 

8 life, or both. 

9 ‘‘(6) SUBSEQUENT VIOLATIONS.—Except to the 

10 extent that a greater maximum penalty is otherwise 

11 provided for in this section, a person who is con12 victed for any subsequent violation of this Act or 

13 any regulation under this Act shall be fined under 

14 title 18, United States Code, imprisoned not more 

15 than 3 years, or both.’’; and 

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

17 ‘‘(c) RECORDKEEPING AND WAGE REQUIRE18 MENTS.—Any person who knowingly and with intent to 

19 defraud violates section 201(a), 201(f), 301(a), or 301(f), 

20 or who knowingly and willfully violates section 202 or 302, 

21 shall be fined under title 18, United States Code, impris22 oned not more than 5 years, or both. 

23 ‘‘(d) OBSTRUCTION OFFENSES.—Any person who ob24 structs, attempts to obstruct, interferes with, or prevents 

25 the enforcement of this section, shall be subject to the 


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1 same fines and penalties as those prescribed for the under2 lying offense involved.’’. 

3 SEC. 5108. DIRECTIVE TO THE UNITED STATES SEN4 TENCING COMMISSION. 

5 (a) IN GENERAL.—Pursuant to its authority under 

6 section 994 of title 28, United States Code, the United 

7 States Sentencing Commission, in accordance with sub8 section (b), shall promulgate sentencing guidelines or 

9 amend existing sentencing guidelines to increase the pen10 alties imposed on persons convicted of offenses under— 

11 (1) section 274A of the Immigration and Na12 tionality Act (8 U.S.C. 1324a); 

13 (2) section 501 of the Migrant and Seasonal 

14 Agricultural Worker Protection Act (29 U.S.C. 

15 1851); 

16 (3) section 16 of the Fair Labor Standards Act 

17 of 1938 (29 U.S.C. 216); and 

18 (4) any other Federal law covering conduct 

19 similar to the conduct prohibited under the provi20 sions of law referred to in paragraphs (1) through 

21 (3). 

22 (b) REQUIREMENTS.—In carrying out subsection (a), 

23 the Sentencing Commission shall provide sentencing en24 hancements for any person convicted of an offense re25 ferred to in subsection (a) if such offense involves— 


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1 (1) the confiscation of identification documents; 

2 (2) corruption, bribery, extortion, or robbery; 

3 (3) sexual abuse; 

4 (4) serious bodily injury; 

5 (5) an intent to defraud; or 

6 (6) a pattern of conduct involving multiple vio7 lations of law that— 

8 (A) creates a risk to the health or safety 

9 of any victim; or 

10 (B) denies payments due to victims for 

11 work completed. 

12 SEC. 5109. LABOR LAW ENFORCEMENT FUND. 

13 (a) IN GENERAL.—Section 286 of the Immigration 

14 and Nationality Act (8 U.S.C. 1356) is amended by add15 ing at the end the following: 

16 ‘‘(w) LABOR LAW ENFORCEMENT ACCOUNT.— 

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

18 general fund of the Treasury a separate account, 

19 which shall be known as the ‘Labor Law Enforce20 ment Account’ (referred to in this subsection as the 

21 ‘Account’). 

22 ‘‘(2) DEPOSITS.—There shall be deposited as 

23 offsetting receipts into the Account penalties im24 posed under section 274A(a)(7). 


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1 ‘‘(3) EXPENDITURES.—Amounts deposited into 

2 the Account shall be made available to the Secretary 

3 of Labor to ensure compliance with workplace laws, 

4 including by random audits of such employers, in in5 dustries that have a history of significant employ6 ment of unauthorized workers or nonimmigrant 

7 workers pursuant to subclause (a) or (b) of section 

8 101(a)(15)(H)(ii).’’. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.— 

10 (1) IN GENERAL.—There are authorized to be 

11 appropriated such sums as may be necessary to 

12 carry out this title and the amendments made by 

13 this title (other than the amendment made by sub14 section (a)). 

15 (2) AVAILABILITY OF FUNDS.— 

16 (A) IN GENERAL.—Except as provided in 

17 subparagraph (B), amounts authorized to carry 

18 out the programs, projects, and activities rec19 ommended by the Commission may not be ex20 pended before— 

21 (i) the date that is 60 days after the 

22 submission of the report required under 

23 section 5101(e); or 


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1 (ii) the date that is 2 years and 60 

2 days after the date of the enactment of 

3 this Act. 

4 (B) ADMINISTRATIVE EXPENSES.—Not5 withstanding subparagraph (A), amounts re6 ferred to in that subparagraph may be ex7 pended for minimal administrative expenses di8 rectly associated with— 

9 (i) convening the public hearings re10 quired under section 5101(c)(2)(A); and 

11 (ii) preparing and providing sum12 maries of such hearings in accordance with 

13 section 5101(c)(2)(B). 

Æ 


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