674 
dence in the United States pursuant to any 
other provision of law; 
‘‘(iii) is not subject to the safe third 
country exception under subparagraph (A) 
or a bar to asylum under subsection (b)(2) 
and should not be denied asylum as a mat-
ter of discretion; and 
‘‘(iv) is physically present in the 
United States when the motion is filed.’’. 
SEC. 3402. REFUGEE FAMILY PROTECTIONS. 
(a) CHILDREN OF REFUGEE OR ASYLEE SPOUSES 
AND CHILDREN.—A child of an alien who qualifies for ad-
mission as a spouse or child under section 207(c)(2)(A) 
or 208(b)(3) of the Immigration and Nationality Act (8 
U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to 
the same status as such alien if the child— 
(1) is accompanying or following to join such 
alien; and 
(2) 
is 
otherwise 
eligible 
under 
section 
207(c)(2)(A) or 208(b)(3) of the Immigration and 
Nationality Act. 
SEC. 3403. CLARIFICATION ON DESIGNATION OF CERTAIN 
REFUGEES. 
(a) TERMINATION
OF
CERTAIN
PREFERENTIAL 
TREATMENT IN IMMIGRATION OF AMERASIANS.—Section 
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675 
584 of the Foreign Operations, Export Financing, and Re-
lated Programs Appropriations Act, 1988 (8 U.S.C. 1101 
note) is amended by adding at the end the following: 
‘‘(f) No visa may be issued under this section if the 
petition or application for such visa is submitted on or 
after the date of the enactment of the Border Security, 
Economic Opportunity, and Immigration Modernization 
Act.’’. 
(b) REFUGEE DESIGNATION.—Section 207(c)(1) (8 
U.S.C. 1157(c)(1)) is amended— 
(1) by inserting ‘‘(A)’’ before ‘‘Subject to the 
numerical limitations’’; and 
(2) by adding at the end the following: 
‘‘(B)(i) The President, upon a recommendation of the 
Secretary of State made in consultation with the Secretary 
of Homeland Security, and after appropriate consultation, 
may designate specifically defined groups of aliens— 
‘‘(I) whose resettlement in the United States is 
justified by humanitarian concerns or is otherwise in 
the national interest; and 
‘‘(II) who— 
‘‘(aa) share common characteristics that 
identify them as targets of persecution on ac-
count of race, religion, nationality, membership 
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676 
in a particular social group, or political opinion; 
or 
‘‘(bb) having been identified as targets as 
described in item (aa), share a common need 
for resettlement due to a specific vulnerability. 
‘‘(ii) An alien who establishes membership in a group 
designated under clause (i) to the satisfaction of the Sec-
retary of Homeland Security shall be considered a refugee 
for purposes of admission as a refugee under this section 
unless the Secretary determines that such alien ordered, 
incited, assisted, or otherwise participated in the persecu-
tion of any person on account of race, religion, nationality, 
membership in a particular social group, or political opin-
ion. 
‘‘(iii) A designation under clause (i) is for purposes 
of adjudicatory efficiency and may be revoked by the 
President at any time after notification to Congress. 
‘‘(iv) Categories of aliens established under section 
599D of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 
101–167; 8 U.S.C. 1157 note)— 
‘‘(I) shall be designated under clause (i) until 
the end of the first fiscal year commencing after the 
date of the enactment of the Border Security, Eco-
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677 
nomic Opportunity, and Immigration Modernization 
Act; and 
‘‘(II) shall be eligible for designation thereafter 
at the discretion of the President, considering, 
among other factors, whether a country under con-
sideration has been designated by the Secretary of 
State as a ‘Country of Particular Concern’ for en-
gaging in or tolerating systematic, ongoing, and 
egregious violations of religious freedom. 
‘‘(v) A designation under clause (i) shall not influence 
decisions to grant, to any alien, asylum under section 208, 
protection under section 241(b)(3), or protection under 
the Convention Against Torture and Other Cruel, Inhu-
man or Degrading Treatment or Punishment, done at 
New York December 10, 1984. 
‘‘(vi) A decision to deny admission under this section 
to an alien who establishes to the satisfaction of the Sec-
retary that the alien is a member of a group designated 
under clause (i) shall— 
‘‘(I) be in writing; and 
‘‘(II) state, to the maximum extent feasible, the 
reason for the denial. 
‘‘(vii) Refugees admitted pursuant to a designation 
under clause (i) shall be subject to the number of admis-
sions and be admissible under this section.’’. 
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678 
SEC. 3404. ASYLUM DETERMINATION EFFICIENCY. 
Section 235(b)(1)(B)(ii) (8 U.S.C. 1225(b)(1)(B)(ii)) 
is amended by striking ‘‘asylum.’’ and inserting ‘‘asylum 
by an asylum officer. The asylum officer, after conducting 
a nonadversarial asylum interview and seeking supervisory 
review, may grant asylum to the alien under section 208 
or refer the case to a designee of the Attorney General, 
for a de novo asylum determination, for relief under the 
Convention Against Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment, done at New York 
December 10, 1984, or for protection under section 
241(b)(3).’’. 
SEC. 3405. STATELESS PERSONS IN THE UNITED STATES. 
(a) IN GENERAL.—Chapter 1 of title II (8 U.S.C. 
1151 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 210A. PROTECTION OF CERTAIN STATELESS PER-
SONS IN THE UNITED STATES. 
‘‘(a) STATELESS PERSONS.— 
‘‘(1) IN GENERAL.—In this section, the term 
‘stateless person’ means an individual who is not 
considered a national under the operation of the 
laws of any country. 
‘‘(2) DESIGNATION
OF
SPECIFIC
STATELESS 
GROUPS.—The Secretary of Homeland Security, in 
consultation with the Secretary of State, may, in the 
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679 
discretion of the Secretary, designate specific groups 
of individuals who are considered stateless persons, 
for purposes of this section. 
‘‘(b) STATUS OF STATELESS PERSONS.— 
‘‘(1) RELIEF FOR CERTAIN INDIVIDUALS DE-
TERMINED TO BE STATELESS PERSONS.—The Sec-
retary of Homeland Security or the Attorney Gen-
eral may, in his or her discretion, provide conditional 
lawful status to an alien who is otherwise inadmis-
sible or deportable from the United States if the 
alien— 
‘‘(A) is a stateless person present in the 
United States; 
‘‘(B) applies for such relief; 
‘‘(C) has not lost his or her nationality as 
a result of his or her voluntary action or know-
ing inaction after arrival in the United States; 
‘‘(D) except as provided in paragraphs (2) 
and (3), is not inadmissible under section 
212(a); and 
‘‘(E) 
is 
not 
described 
in 
section 
241(b)(3)(B)(i). 
‘‘(2) INAPPLICABILITY
OF
CERTAIN
PROVI-
SIONS.—The provisions under paragraphs (4), (5), 
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680 
(7), and (9)(B) of section 212(a) shall not apply to 
any alien seeking relief under paragraph (1). 
‘‘(3) WAIVER.—The Secretary or the Attorney 
General may waive any other provisions of such sec-
tion, other than subparagraphs (B), (C), (D)(ii), 
(E), (G), (H), or (I) of paragraph (2), paragraph 
(3), paragraph (6)(C)(i) (with respect to misrepre-
sentations relating to the application for relief under 
paragraph (1)), or subparagraphs (A), (C), (D), or 
(E) of paragraph (10) of section 212(a), with re-
spect to such an alien for humanitarian purposes, to 
assure family unity, or if it is otherwise in the public 
interest. 
‘‘(4) SUBMISSION
OF
PASSPORT
OR
TRAVEL 
DOCUMENT.—Any alien who seeks relief under this 
section shall submit to the Secretary of Homeland 
Security or the Attorney General— 
‘‘(A) any available passport or travel docu-
ment issued at any time to the alien (whether 
or not the passport or document has expired or 
been cancelled, rescinded, or revoked); or 
‘‘(B) an affidavit, sworn under penalty of 
perjury— 
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681 
‘‘(i) stating that the alien has never 
been issued a passport or travel document; 
or 
‘‘(ii) identifying with particularity any 
such passport or travel document and ex-
plaining why the alien cannot submit it. 
‘‘(5) WORK AUTHORIZATION.—The Secretary of 
Homeland Security may authorize an alien who has 
applied for and is found prima facie eligible for or 
been granted relief under paragraph (1) to engage 
in employment in the United States. 
‘‘(6) TRAVEL DOCUMENTS.—The Secretary may 
issue appropriate travel documents to an alien who 
has been granted relief under paragraph (1) that 
would allow him or her to travel abroad and be ad-
mitted to the United States upon return, if other-
wise admissible. 
‘‘(7) TREATMENT
OF
SPOUSE
AND
CHIL-
DREN.—The spouse or child of an alien who has 
been granted conditional lawful status under para-
graph (1) shall, if not otherwise eligible for admis-
sion under paragraph (1), be granted conditional 
lawful status under this section if accompanying, or 
following to join, such alien if— 
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‘‘(A) the spouse or child is admissible (ex-
cept as otherwise provided in paragraphs (2) 
and (3)) and is not described in section 
241(b)(3)(B)(i); and 
‘‘(B) the qualifying relationship to the 
principal beneficiary existed on the date on 
which such alien was granted conditional lawful 
status. 
‘‘(c) ADJUSTMENT OF STATUS.— 
‘‘(1) INSPECTION AND EXAMINATION.—At the 
end of the 1-year period beginning on the date on 
which an alien has been granted conditional lawful 
status under subsection (b), the alien may apply for 
lawful permanent residence in the United States if— 
‘‘(A) the alien has been physically present 
in the United States for at least 1 year; 
‘‘(B) the alien’s conditional lawful status 
has not been terminated by the Secretary of 
Homeland Security or the Attorney General, 
pursuant to such regulations as the Secretary 
or the Attorney General may prescribe; and 
‘‘(C) the alien has not otherwise acquired 
permanent resident status. 
‘‘(2) REQUIREMENTS
FOR
ADJUSTMENT
OF 
STATUS.—The Secretary of Homeland Security or 
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683 
the Attorney General, under such regulations as the 
Secretary or the Attorney General may prescribe, 
may adjust the status of an alien granted condi-
tional lawful status under subsection (b) to that of 
an alien lawfully admitted for permanent residence 
if such alien— 
‘‘(A) is a stateless person; 
‘‘(B) properly applies for such adjustment 
of status; 
‘‘(C) has been physically present in the 
United States for at least 1 year after being 
granted conditional lawful status under sub-
section (b); 
‘‘(D) is not firmly resettled in any foreign 
country; and 
‘‘(E) is admissible (except as otherwise 
provided under paragraph (2) or (3) of sub-
section (b)) as an immigrant under this chapter 
at the time of examination of such alien for ad-
justment of status. 
‘‘(3) RECORD.—Upon approval of an applica-
tion under this subsection, the Secretary of Home-
land Security shall establish a record of the alien’s 
admission for lawful permanent residence as of the 
date that is 1 year before the date of such approval. 
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684 
‘‘(4) NUMERICAL LIMITATION.—The number of 
aliens who may receive an adjustment of status 
under this section for a fiscal year shall be subject 
to the numerical limitation of section 203(b)(4). 
‘‘(d) PROVING
THE
CLAIM.—In determining an 
alien’s eligibility for lawful conditional status or adjust-
ment of status under this subsection, the Secretary of 
Homeland Security or the Attorney General shall consider 
any credible evidence relevant to the application. The de-
termination of what evidence is credible and the weight 
to be given that evidence shall be within the sole discretion 
of the Secretary or the Attorney General. 
‘‘(e) REVIEW.— 
‘‘(1) ADMINISTRATIVE
REVIEW.—No appeal 
shall lie from the denial of an application by the 
Secretary, but such denial will be without prejudice 
to the alien’s right to renew the application in pro-
ceedings under section 240. 
‘‘(2) MOTIONS
TO
REOPEN.—Notwithstanding 
any limitation imposed by law on motions to reopen 
removal, deportation, or exclusion proceedings, any 
individual who is eligible for relief under this section 
may file a motion to reopen proceedings in order to 
apply for relief under this section. Any such motion 
shall be filed within 2 years of the date of the enact-
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685 
ment of the Border Security, Economic Opportunity, 
and Immigration Modernization Act. 
‘‘(f) LIMITATION.— 
‘‘(1) APPLICABILITY.—The provisions of this 
section shall only apply to aliens present in the 
United States. 
‘‘(2) SAVINGS PROVISION.—Nothing in this sec-
tion may be construed to authorize or require— 
‘‘(A) the admission of any alien to the 
United States; 
‘‘(B) the parole of any alien into the 
United States; or 
‘‘(C) the grant of any motion to reopen or 
reconsider filed by an alien after departure or 
removal from the United States.’’. 
(b) JUDICIAL REVIEW.—Section 242(a)(2)(B)(ii) (8 
U.S.C. 
1252(a)(2)(B)(ii)) 
is 
amended 
by 
striking 
‘‘208(a).’’ and inserting ‘‘208(a) or 210A.’’. 
(c) CONFORMING AMENDMENT.—Section 203(b)(4) 
(8 U.S.C. 1153(b)(4)) is amended by inserting ‘‘to aliens 
granted an adjustment of status under section 210A(c) 
or’’ after ‘‘level,’’. 
(d) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act is amended by 
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686 
inserting after the item relating to section 210 the fol-
lowing: 
‘‘Sec. 210A. Protection of stateless persons in the United States.’’. 
SEC. 3406. U VISA ACCESSIBILITY. 
Section 214(p)(2)(A) (8 U.S.C. 1184(p)(2)(A)) is 
amended by striking ‘‘10,000.’’ and inserting ‘‘18,000, of 
which not more than 3,000 visas may be issued for aliens 
who are victims of a covered violation described in section 
101(a)(15)(U).’’. 
SEC. 3407. WORK AUTHORIZATION WHILE APPLICATIONS 
FOR U AND T VISAS ARE PENDING. 
(a) U VISAS.—Section 214(p) (8 U.S.C. 1184(p)), as 
amended by section 3406 of this Act, is further amend-
ed— 
(1) in paragraph (6), by striking the last sen-
tence; and 
(2) by adding at the end the following: 
‘‘(7) WORK AUTHORIZATION.—Notwithstanding 
any provision of this Act granting eligibility for em-
ployment in the United States, the Secretary of 
Homeland Security shall grant employment author-
ization to an alien who has filed an application for 
nonimmigrant status under section 101(a)(15)(U) 
on the date that is the earlier of— 
‘‘(A) the date on which the alien’s applica-
tion for such status is approved; or 
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687 
‘‘(B) a date determined by the Secretary 
that is not later than 180 days after the date 
on which the alien filed the application.’’. 
(b) T VISAS.—Section 214(o) (8 U.S.C. 1184(o)) is 
amended by adding at the end the following: 
‘‘(8) Notwithstanding any provision of this Act 
granting eligibility for employment in the United 
States, the Secretary of Homeland Security shall 
grant employment authorization to an alien who has 
filed an application for nonimmigrant status under 
section 101(a)(15)(T) on the date that is the earlier 
of— 
‘‘(A) the date on which the alien’s applica-
tion for such status is approved; or 
‘‘(B) a date determined by the Secretary 
that is not later than 180 days after the date 
on which the alien filed the application.’’. 
SEC. 3408. REPRESENTATION AT OVERSEAS REFUGEE 
INTERVIEWS. 
Section 207(c) (8 U.S.C. 1157(c)) is amended by 
adding at the end the following: 
‘‘(5) The adjudicator of an application for ref-
ugee status under this section shall consider all rel-
evant evidence and maintain a record of the evidence 
considered. 
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688 
‘‘(6) An applicant for refugee status may be 
represented, including at a refugee interview, at no 
expense to the Government, by an attorney or ac-
credited representative who— 
‘‘(A) was chosen by the applicant; and 
‘‘(B) is authorized by the Secretary of 
Homeland Security to be recognized as the rep-
resentative of such applicant in an adjudication 
under this section. 
‘‘(7)(A) A decision to deny an application for 
refugee status under this section— 
‘‘(i) shall be in writing; and 
‘‘(ii) shall provide, to the maximum extent 
feasible, information on the reason for the de-
nial, including— 
‘‘(I) the facts underlying the deter-
mination; and 
‘‘(II) whether there is a waiver of in-
admissibility available to the applicant. 
‘‘(B) The basis of any negative credibility find-
ing shall be part of the written decision. 
‘‘(8)(A) An applicant who is denied refugee sta-
tus under this section may file a request with the 
Secretary for a review of his or her application not 
later than 120 days after such denial. 
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689 
‘‘(B) A request filed under subparagraph (A) 
shall be adjudicated by refugee officers who have re-
ceived training on considering requests for review of 
refugee applications that have been denied. 
‘‘(C) The Secretary shall publish the standard 
applied to a request for review. 
‘‘(D) A request for review may result in the de-
cision being granted, denied, or reopened for a fur-
ther interview. 
‘‘(E) A decision on a request for review under 
this paragraph— 
‘‘(i) shall be in writing; and 
‘‘(ii) shall provide, to the maximum extent 
feasible, information on the reason for the de-
nial.’’. 
SEC. 3409. LAW ENFORCEMENT AND NATIONAL SECURITY 
CHECKS. 
(a) 
REFUGEES.—Section 
207(c)(1) 
(8 
U.S.C. 
1157(c)(1)) is amended by adding at the end the fol-
lowing: ‘‘No alien shall be admitted as a refugee until the 
identity of the applicant, including biographic and biomet-
ric data, has been checked against all appropriate records 
or databases maintained by the Secretary of Homeland 
Security, the Attorney General, the Secretary of State, 
and other Federal records or databases that the Secretary 
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690 
of Homeland Security considers necessary, to determine 
any national security, law enforcement, or other grounds 
on which the alien may be inadmissible to the United 
States or ineligible to apply for or be granted refugee sta-
tus.’’. 
(b) ASYLEES.—Section 208(d)(5)(A)(i) (8 U.S.C. 
1158(d)(5)(A)(i)) is amended to read as follows: 
‘‘(i) asylum shall not be granted until 
the identity of the applicant, using bio-
graphic and biometric data, has been 
checked against all appropriate records or 
databases maintained by the Secretary of 
Homeland Security, the Attorney General, 
the Secretary of State, and other Federal 
records or databases that the Secretary of 
Homeland Security considers necessary, to 
determine any national security, law en-
forcement, or other grounds on which the 
alien may be inadmissible to the United 
States or ineligible to apply for or be 
granted asylum;’’. 
SEC. 3410. TIBETAN REFUGEE ASSISTANCE. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Tibetan Refugee Assistance Act of 2013’’. 
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691 
(b) TRANSITION FOR DISPLACED TIBETANS.—Not-
withstanding the numerical limitations specified in sec-
tions 201 and 202 of the Immigration and Nationality Act 
(8 U.S.C. 1151 and 1152), 5,000 immigrant visas shall 
be made available to qualified displaced Tibetans described 
in subsection (c) during the 3-year period beginning on 
October 1, 2013. 
(c) QUALIFIED DISPLACED TIBETAN DESCRIBED.— 
(1) IN GENERAL.—An individual is a qualified 
displaced Tibetan if such individual— 
(A) is a native of Tibet; and 
(B) has been continuously residing in India 
or Nepal since before the date of the enactment 
of this Act. 
(2) NATIVE OF TIBET DESCRIBED.—For pur-
poses of paragraph (1)(A), an individual shall be 
considered a native of Tibet if such individual— 
(A) was born in Tibet; or 
(B) is the son, daughter, grandson, or 
granddaughter of an individual who was born in 
Tibet. 
(d) DERIVATIVE STATUS FOR SPOUSES AND CHIL-
DREN.—A spouse or child (as defined in subparagraphs 
(A), (B), (C), (D), or (E) of section 101(b)(1) of the Im-
migration and Nationality Act (8 U.S.C. 1101(b)(1))) 
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692 
shall, if not otherwise entitled to an immigrant status and 
the immediate issuance of a visa under this section, be 
entitled to the same status, and the same order of consid-
eration, provided under this section, if accompanying, or 
following to join, the spouse or parent of such spouse or 
child. 
(e) DISTRIBUTION OF VISA NUMBERS.—The Sec-
retary of State shall ensure that immigrant visas provided 
under subsection (b) are made available to qualified dis-
placed Tibetans described in subsection (c) or (d) in an 
equitable manner, giving preference to those qualified dis-
placed Tibetans who— 
(1) are not resettled in India or Nepal; or 
(2) are most likely to be resettled successfully 
in the United States. 
SEC. 3411. TERMINATION OF ASYLUM OR REFUGEE STATUS. 
(a) TERMINATION OF STATUS.—Except as provided 
in subsections (b) and (c), any alien who is granted asylum 
or refugee status under this Act or the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.), who, without good 
cause as determined by the Secretary or the Attorney Gen-
eral, subsequently returns to the country of such alien’s 
nationality or, in the case of an alien having no nation-
ality, returns to any country in which such alien last habit-
ually resided, and who applied for such status because of 
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693 
persecution or a well-founded fear of persecution in that 
country on account of race, religion, nationality, member-
ship in a particular social group, or political opinion, shall 
have his or her refugee or asylum status terminated. 
(b) WAIVER.—The Secretary has discretion to waive 
subsection (a) if it is established to the satisfaction of the 
Secretary or the Attorney General that the alien had good 
cause for the return. The waiver may be sought prior to 
departure from the United States or upon return. 
(c) EXCEPTION
FOR
CERTAIN
ALIENS
FROM 
CUBA.—Subsection (a) shall not apply to an alien who is 
eligible for adjustment to that of an alien lawfully admit-
ted for permanent residence pursuant to the Cuban Ad-
justment Act of 1966 (Public Law 89–732). 
SEC. 3412. ASYLUM CLOCK. 
Section 208(d)(2) (8 U.S.C. 1158(d)(2)) is amended 
by striking ‘‘is not entitled to employment authorization’’ 
and all that follows through ‘‘prior to 180 days after’’ and 
inserting ‘‘shall be provided employment authorization 
180 days after’’. 
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Subtitle E—Shortage of Immigra-
tion Court Resources for Re-
moval Proceedings 
SEC. 3501. SHORTAGE OF IMMIGRATION COURT PER-
SONNEL FOR REMOVAL PROCEEDINGS. 
(a) IMMIGRATION COURT JUDGES.—The Attorney 
General shall increase the total number of immigration 
judges to adjudicate current pending cases and efficiently 
process future cases by at least— 
(1) 75 in fiscal year 2014; 
(2) 75 in fiscal year 2015; and 
(3) 75 in fiscal year 2016. 
(b) NECESSARY SUPPORT STAFF FOR IMMIGRATION 
COURT JUDGES.—The Attorney General shall address the 
shortage of support staff for immigration judges by ensur-
ing that each immigration judge has the assistance of the 
necessary support staff, including the equivalent of 1 staff 
attorney or law clerk and 1 legal assistant. 
(c) ANNUAL INCREASES IN BOARD OF IMMIGRATION 
APPEALS PERSONNEL.—The Attorney General shall in-
crease the number of Board of Immigration Appeals staff 
attorneys (including the necessary additional support 
staff) to efficiently process cases by at least— 
(1) 30 in fiscal year 2014; 
(2) 30 in fiscal year 2015; and 
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(3) 30 in fiscal year 2016. 
(d) FUNDING.—There shall be appropriated, from 
the Comprehensive Immigration Reform Trust Fund es-
tablished under section 9(a)(1), such sums as may be nec-
essary to carry out this section. 
SEC. 3502. IMPROVING IMMIGRATION COURT EFFICIENCY 
AND REDUCING COSTS BY INCREASING AC-
CESS TO LEGAL INFORMATION. 
(a) CLARIFICATION REGARDING THE AUTHORITY OF 
THE ATTORNEY GENERAL TO APPOINT COUNSEL
TO 
ALIENS IN IMMIGRATION PROCEEDINGS.—Section 292 (8 
U.S.C. 1362) is amended— 
(1) by inserting ‘‘(a)’’ before ‘‘In any’’; 
(2) by striking ‘‘(at no expense to the Govern-
ment)’’; 
(3) by striking ‘‘he shall’’ and inserting ‘‘the 
person shall’’; and 
(4) by adding at the end the following: 
‘‘(b) The Government is not required to provide coun-
sel to aliens under subsection (a). However, the Attorney 
General may, in the Attorney General’s sole and 
unreviewable discretion, appoint or provide counsel to 
aliens in immigration proceedings conducted under section 
240 of this Act.’’. 
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(b) APPOINTMENT OF COUNSEL IN CERTAIN CASES; 
RIGHT TO REVIEW CERTAIN DOCUMENTS IN REMOVAL 
PROCEEDINGS.—Section 240(b) (8 U.S.C. 1229a(b)) is 
amended— 
(1) in paragraph (4)— 
(A) by redesignating subparagraphs (B) 
and (C) as subparagraphs (C) and (D), respec-
tively; 
(B) in subparagraph (A), by striking ‘‘, at 
no expense to the Government,’’; 
(C) by inserting after subparagraph (A) 
the following new subparagraph: 
‘‘(B) the alien shall, at the beginning of 
the proceedings or at a reasonable time there-
after, automatically receive a complete copy of 
all relevant documents in the possession of the 
Department of Homeland Security, including all 
documents (other than documents protected 
from disclosure by privilege, including national 
security information referenced in subparagraph 
(C), law enforcement sensitive information, and 
information prohibited from disclosure pursuant 
to any other provision of law) contained in the 
file maintained by the Government that in-
cludes information with respect to all trans-
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actions involving the alien during the immigra-
tion process (commonly referred to as an ‘A- 
file’), and all documents pertaining to the alien 
that the Department of Homeland Security has 
obtained or received from other government 
agencies, unless the alien waives the right to re-
ceive such documents by executing a knowing 
and voluntary waiver in a language that he or 
she understands fluently,’’; and 
(D) by adding at the end the following: 
‘‘The Government is not required to provide counsel 
to aliens under this paragraph. However, the Attor-
ney General may, in the Attorney General’s sole and 
unreviewable discretion, appoint or provide counsel 
at government expense to aliens in immigration pro-
ceedings.’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(8) FAILURE TO PROVIDE ALIEN REQUIRED 
DOCUMENTS.—In the absence of a waiver under sub-
paragraph (B) of paragraph (4), a removal pro-
ceeding may not proceed until the alien has received 
the documents as required under such subpara-
graph.’’. 
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(c) APPOINTMENT
OF COUNSEL
FOR UNACCOM-
PANIED ALIEN CHILDREN AND ALIENS WITH A SERIOUS 
MENTAL DISABILITY.—Section 292 (8 U.S.C. 1362), as 
amended by subsection (a), is further amended by adding 
at the end the following: 
‘‘(c) Notwithstanding subsection (b), the Attorney 
General shall appoint counsel, at the expense of the Gov-
ernment if necessary, to represent an alien in a removal 
proceeding who has been determined by the Secretary to 
be an unaccompanied alien child, is incompetent to rep-
resent himself or herself due to a serious mental disability 
that would be included in section 3(1) of the Americans 
with Disabilities Act of 1990 (42 U.S.C. 12102(1)), or is 
considered particularly vulnerable when compared to other 
aliens in removal proceedings, such that the appointment 
of counsel is necessary to help ensure fair resolution and 
efficient adjudication of the proceedings.’’. 
(d) FUNDING.—There shall be appropriated, from 
the Comprehensive Immigration Reform Trust Fund es-
tablished under section 9(a)(1), such sums as may be nec-
essary to carry out this section and the amendments made 
by this section. 
SEC. 3503. OFFICE OF LEGAL ACCESS PROGRAMS. 
(a) ESTABLISHMENT OF OFFICE OF LEGAL ACCESS 
PROGRAMS.—The Attorney General shall maintain, within 
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the Executive Office for Immigration Review, an Office 
of Legal Access Programs to develop and administer a sys-
tem of legal orientation programs to make immigration 
proceedings more efficient and cost effective by educating 
aliens regarding administrative procedures and legal 
rights under United States immigration law and to estab-
lish other programs to assist in providing aliens access to 
legal information. 
(b) LEGAL ORIENTATION PROGRAMS.—The legal ori-
entation programs— 
(1) shall provide programs to assist detained 
aliens in making informed and timely decisions re-
garding their removal and eligibility for relief from 
removal in order to increase efficiency and reduce 
costs in immigration proceedings and Federal cus-
tody processes and to improve access to counsel and 
other legal services; 
(2) may provide services to detained aliens in 
immigration proceedings under sections 235, 238, 
240, and 241(a)(5) of the Immigration and Nation-
ality Act (8 U.S.C. 1225, 1228, 1229a, and 
1231(a)(5)) and to other aliens in immigration and 
asylum proceedings under sections 235, 238, and 
240 of the Immigration and Nationality Act (8 
U.S.C. 1225, 1228, and 1229a); and 
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(3) shall identify unaccompanied alien children, 
aliens with a serious mental disability, and other 
particularly vulnerable aliens for consideration by 
the Attorney General pursuant to section 292(c) of 
the Immigration and Nationality Act, as added by 
section 3502(c). 
(c) PROCEDURES.—The Secretary, in consultation 
with the Attorney General, shall establish procedures that 
ensure that legal orientation programs are available for 
all detained aliens within 5 days of arrival into custody 
and to inform such aliens of the basic procedures of immi-
gration hearings, their rights relating to those hearings 
under the immigration laws, information that may deter 
such aliens from filing frivolous legal claims, and any 
other information deemed appropriate by the Attorney 
General, such as a contact list of potential legal resources 
and providers. 
(d) RULE OF CONSTRUCTION.—Nothing in this sub-
section shall be construed to create any substantive or pro-
cedural right or benefit that is legally enforceable by any 
party against the United States or its agencies or officers 
or any other person. 
(e) FUNDING.—There shall be appropriated, from the 
Comprehensive Immigration Reform Trust Fund estab-
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lished under section 9(a)(1), such sums as may be nec-
essary to carry out this section. 
SEC. 3504. CODIFYING BOARD OF IMMIGRATION APPEALS. 
(a) DEFINITION
OF
BOARD
MEMBER.—Section 
101(a) (8 U.S.C. 1101(a)) is amended by adding at the 
end the following: 
‘‘(53) The term ‘Board Member’ means an at-
torney whom the Attorney General appoints to serve 
on the Board of Immigration Appeals within the Ex-
ecutive Office of Immigration Review, and is quali-
fied to review decisions of immigration judges and 
other matters within the jurisdiction of the Board of 
Immigration Appeals.’’. 
(b) BOARD
OF IMMIGRATION APPEALS.—Section 
240(a)(1) (8 U.S.C. 1229a(a)(1)) is amended by adding 
at the end the following: ‘‘The Board of Immigration Ap-
peals and its Board Members shall review decisions of im-
migration judges under this section.’’. 
(c) 
APPEALS.—Section 
240(b)(4) 
(8 
U.S.C. 
1229a(b)(4)), as amended by section 3502(b), is further 
amended— 
(1) in subparagraph (B), by striking ‘‘, and’’ 
and inserting a semicolon; 
(2) in subparagraph (C), by striking the period 
and inserting ‘‘; and’’; and 
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(3) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) the alien or the Department of 
Homeland Security may appeal the immigration 
judge’s decision to a 3-judge panel of the Board 
of Immigration Appeals.’’. 
(d) DECISION
AND BURDEN
OF PROOF.—Section 
240(c)(1)(A) (8 U.S.C. 1229a(c)(1)(A)) is amended to 
read as follows: 
‘‘(A) IN GENERAL.—At the conclusion of 
the proceeding, the immigration judge shall de-
cide whether an alien is removable from the 
United States. The determination of the immi-
gration judge shall be based only on the evi-
dence produced at the hearing. On appeal, the 
Board of Immigration Appeals shall issue a 
written opinion. The opinion shall address all 
dispositive arguments raised by the parties. The 
panel may incorporate by reference the opinion 
of the immigration judge whose decision is 
being reviewed, provided that the panel also ad-
dresses any arguments made by the nonpre-
vailing party regarding purported errors of law, 
fact, or discretion.’’. 
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SEC. 
3505. 
IMPROVED 
TRAINING 
FOR 
IMMIGRATION 
JUDGES AND BOARD MEMBERS. 
(a) IN GENERAL.—Section 240 (8 U.S.C. 1229a) is 
amended by adding at the end the following: 
‘‘(f) IMPROVED TRAINING.— 
‘‘(1) IMPROVED
TRAINING
FOR
IMMIGRATION 
JUDGES AND BOARD MEMBERS.— 
‘‘(A) IN GENERAL.—In consultation with 
the Attorney General and the Director of the 
Federal Judicial Center, the Director of the Ex-
ecutive Office for Immigration Review shall re-
view and modify, as appropriate, training pro-
grams for immigration judges and Board Mem-
bers. 
‘‘(B) ELEMENTS OF REVIEW.—Each such 
review shall study— 
‘‘(i) the expansion of the training pro-
gram for new immigration judges and 
Board Members; 
‘‘(ii) continuing education regarding 
current developments in the field of immi-
gration law; and 
‘‘(iii) methods to ensure that immigra-
tion judges are trained on properly crafting 
and dictating decisions. 
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‘‘(2) IMPROVED TRAINING AND GUIDANCE FOR 
STAFF.—The Director of the Executive Office for 
Immigration Review shall— 
‘‘(A) modify guidance and training regard-
ing screening standards and standards of re-
view; and 
‘‘(B) ensure that Board Members provide 
staff attorneys with appropriate guidance in 
drafting decisions in individual cases, consistent 
with the policies and directives of the Director 
of the Executive Office for Immigration Review 
and the Chairman of the Board of Immigration 
Appeals.’’. 
(b) FUNDING.—There shall be appropriated, from the 
Comprehensive Immigration Reform Trust Fund estab-
lished under section 9(a)(1), such sums as may be nec-
essary to carry out this section and the amendment made 
by this section. 
SEC. 3506. IMPROVED RESOURCES AND TECHNOLOGY FOR 
IMMIGRATION COURTS AND BOARD OF IMMI-
GRATION APPEALS. 
(a) IMPROVED ON-BENCH REFERENCE MATERIALS 
AND DECISION TEMPLATES.—The Director of the Execu-
tive Office for Immigration Review shall ensure that immi-
gration judges are provided with updated reference mate-
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rials and standard decision templates that conform to the 
law of the circuits in which they sit. 
(b) PRACTICE MANUAL.—The Director of the Execu-
tive Office for Immigration Review shall produce a prac-
tice manual describing best practices for the immigration 
courts and shall make such manual available electronically 
to counsel and litigants who appear before the immigra-
tion courts. 
(c) RECORDING
SYSTEM
AND
OTHER
TECH-
NOLOGIES.— 
(1) PLAN REQUIRED.—The Director of the Ex-
ecutive Office for Immigration Review shall provide 
the Attorney General with a plan and a schedule to 
replace the immigration courts’ tape recording sys-
tem with a digital recording system that is compat-
ible with the information management systems of 
the Executive Office for Immigration Review. 
(2) AUDIO
RECORDING
SYSTEM.—Consistent 
with the plan described in paragraph (1), the Direc-
tor shall pilot a digital audio recording system not 
later than 1 year after the enactment of this Act, 
and shall begin nationwide implementation of that 
system as soon as practicable. 
(d) IMPROVED
TRANSCRIPTION
SERVICES.—Not 
later than 1 year after the enactment of this Act, the Di-
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rector of the Executive Office for Immigration Review 
shall report to the Attorney General on the current tran-
scription services utilized by the Office and recommend 
improvements to this system regarding quality and timeli-
ness of transcription. 
(e) IMPROVED INTERPRETER SELECTION.—Not later 
than 1 year after the enactment of this Act, the Director 
of the Executive Office for Immigration Review shall re-
port to the Attorney General on the current interpreter 
selection process utilized by the Office and recommend im-
provements to this process regarding screening, hiring, 
certification, and evaluation of staff and contract inter-
preters. 
(f) FUNDING.—There shall be appropriated, from the 
Comprehensive Immigration Reform Trust Fund estab-
lished under section 9(a)(1), such sums as may be nec-
essary to carry out this section. 
SEC. 3507. TRANSFER OF RESPONSIBILITY FOR TRAF-
FICKING PROTECTIONS. 
(a) TRANSFER OF RESPONSIBILITY.— 
(1) IN GENERAL.—All unexpended balances ap-
propriated or otherwise available to the Department 
of Health and Human Services and its Office of Ref-
ugee Resettlement in connection with the functions 
provided for in paragraphs (5) and (6) of section 
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235(c) of the William Wilberforce Trafficking Vic-
tims Protection Reauthorization Act of 2008 (8 
U.S.C. 1232(c)), shall, subject to section 202 of the 
Budget and Accounting Procedures Act of 1950, be 
transferred to the Department of Justice. Funds 
transferred pursuant to this paragraph shall remain 
available until expended and shall be used only for 
the purposes for which the funds were originally au-
thorized and appropriated. 
(2) CONTRACT
AUTHORITY.—The Attorney 
General may award grants to, and enter into con-
tracts to carry out the functions set forth in para-
graphs (5) and (6) of Section 235(c) of the William 
Wilberforce Trafficking Victims Protection Reau-
thorization Act of 2008. 
(b) CONFORMING AMENDMENTS.—Section 235(c) of 
the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008 (8 U.S.C. 1232(c)) is amend-
ed— 
(1) in paragraph (5)— 
(A) by striking ‘‘Secretary of Health and 
Human Services’’ each place it appears and in-
serting ‘‘Attorney General’’; and 
(B) by striking the last sentence; and 
(2) in paragraph (6)— 
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(A) by striking ‘‘Secretary of Health and 
Human Services’’ each place it appears and in-
serting ‘‘Attorney General’’; 
(B) in subparagraphs (B)(ii), (D), and 
(F), by striking ‘‘Secretary’’ each place it ap-
pears and inserting ‘‘Attorney General’’; and 
(C) in subparagraph (F), by striking ‘‘and 
Human Services’’. 
Subtitle 
F—Prevention 
of 
Traf-
ficking in Persons and Abuses 
Involving 
Workers 
Recruited 
Abroad 
SEC. 3601. DEFINITIONS. 
(a) IN GENERAL.—Except as otherwise provided by 
this subtitle, the terms used in this subtitle shall have the 
same meanings, respectively, as are given those terms in 
section 3 of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203). 
(b) OTHER DEFINITIONS.— 
(1) FOREIGN LABOR CONTRACTOR.—The term 
‘‘foreign labor contractor’’ means any person who 
performs foreign labor contracting activity, including 
any person who performs foreign labor contracting 
activity wholly outside of the United States, except 
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that the term does not include any entity of the 
United States Government. 
(2) FOREIGN LABOR CONTRACTING ACTIVITY.— 
The term ‘‘foreign labor contracting activity’’ means 
recruiting, soliciting, or related activities with re-
spect to an individual who resides outside of the 
United States in furtherance of employment in the 
United States, including when such activity occurs 
wholly outside of the United States. 
(3) PERSON.—The term ‘‘person’’ means any 
natural person or any corporation, company, firm, 
partnership, joint stock company or association or 
other organization or entity (whether organized 
under law or not), including municipal corporations. 
(4) WORKER.—the term ‘‘worker’’ means an in-
dividual or exchange visitor who is the subject of for-
eign labor contracting activity. 
SEC. 3602. DISCLOSURE. 
(a) REQUIREMENT FOR DISCLOSURE.—Any person 
who engages in foreign labor contracting activity shall as-
certain and disclose in writing in English and in the pri-
mary language of the worker at the time of the worker’s 
recruitment, the following information: 
(1) The identity and address of the employer 
and the identity and address of the person con-
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ducting the recruiting on behalf of the employer, in-
cluding any subcontractor or agent involved in such 
recruiting. 
(2) All assurances and terms and conditions of 
employment, from the prospective employer for 
whom the worker is being recruited, including the 
work hours, level of compensation to be paid, the 
place and period of employment, a description of the 
type and nature of employment activities, any 
withholdings or deductions from compensation and 
any penalties for terminating employment. 
(3) A signed copy of the work contract between 
the worker and the employer. 
(4) The type of visa under which the foreign 
worker is to be employed, the length of time for 
which the visa will be valid, the terms and conditions 
under which the visa may be renewed, and a clear 
statement of any expenses associated with securing 
or renewing the visa. 
(5) An itemized list of any costs or expenses to 
be charged to the worker and any deductions to be 
taken from wages, including any costs for housing or 
accommodation, transportation to and from the 
worksite, meals, health insurance, workers’ com-
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pensation, costs of benefits provided, medical exami-
nations, healthcare, tools, or safety equipment costs. 
(6) The existence of any labor organizing effort, 
strike, lockout, or other labor dispute at the place of 
employment. 
(7) Whether and the extent to which workers 
will be compensated through workers’ compensation, 
private insurance, or otherwise for injuries or death, 
including work-related injuries and death, during the 
period of employment and, if so, the name of the 
State workers’ compensation insurance carrier or the 
name of the policyholder of the private insurance, 
the name and the telephone number of each person 
who must be notified of an injury or death, and the 
time period within which such notice must be given. 
(8) A statement, in a form specified by the Sec-
retary— 
(A) stating that— 
(i) no foreign labor contractor, agent, 
or employee of a foreign labor contractor, 
may lawfully assess any fee (including visa 
fees, processing fees, transportation fees, 
legal expenses, placement fees, and other 
costs) to a worker for any foreign labor 
contracting activity; and 
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(ii) the employer may bear such costs 
or fees for the foreign labor contractor, but 
that these fees cannot be passed along to 
the worker; 
(B) explaining that— 
(i) no additional significant require-
ments or changes may be made to the 
original contract signed by the worker 
without at least 24 hours to consider such 
changes and the specific consent of the 
worker, obtained voluntarily and without 
threat of penalty; and 
(ii) any significant changes made to 
the original contract that do not comply 
with clause (i) shall be a violation of this 
subtitle and be subject to the provisions of 
section 3610 of this Act; and 
(C) describing the protections afforded the 
worker by this section and by section 202 of the 
William Wilberforce Trafficking Victims Protec-
tion Reauthorization Act of 2008 (8 U.S.C. 
1375b) and any applicable visa program, in-
cluding— 
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(i) relevant information about the pro-
cedure for filing a complaint provided for 
in section 3610; and 
(ii) the telephone number for the na-
tional human trafficking resource center 
hotline number. 
(9) Any education or training to be provided or 
required, including— 
(A) the nature, timing, and cost of such 
training; 
(B) the person who will pay such costs; 
(C) whether the training is a condition of 
employment, continued employment, or future 
employment; and 
(D) whether the worker will be paid or re-
munerated during the training period, including 
the rate of pay. 
(b) RELATIONSHIP TO LABOR AND EMPLOYMENT 
LAWS.—Nothing in the disclosure required by subsection 
(a) shall constitute a legal conclusion as to the worker’s 
status or rights under the labor and employment laws. 
(c) PROHIBITION ON FALSE AND MISLEADING IN-
FORMATION.—No foreign labor contractor or employer 
who engages in any foreign labor contracting activity shall 
knowingly provide materially false or misleading informa-
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tion to any worker concerning any matter required to be 
disclosed under subsection (a). The disclosure required by 
this section is a document concerning the proper adminis-
tration of a matter within the jurisdiction of a department 
or agency of the United States for the purposes of section 
1519 of title 18, United States Code. 
SEC. 3603. PROHIBITION ON DISCRIMINATION. 
(a) IN GENERAL.—It shall be unlawful for an em-
ployer or a foreign labor contractor to fail or refuse to 
hire, discharge, intimidate, threaten, restrain, coerce, or 
blacklist any individual or otherwise discriminate against 
an individual with respect to compensation, terms, condi-
tions, or privileges of employment, because of such individ-
ual’s race, color, creed, sex, national origin, religion, age, 
or disability. 
(b) DETERMINATIONS OF DISCRIMINATION.—For the 
purposes of determining the existence of unlawful dis-
crimination under subsection (a)— 
(1) in the case of a claim of discrimination 
based on race, color, creed, sex, national origin, or 
religion, the same legal standards shall apply as are 
applicable under title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.); 
(2) in the case of a claim of discrimination 
based on unlawful discrimination based on age, the 
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same legal standards shall apply as are applicable 
under the Age Discrimination in Employment Act of 
1967 (29 U.S.C. 621 et seq.); and 
(3) in the case of a claim of discrimination 
based on disability, the same legal standards shall 
apply as are applicable under title I of the Ameri-
cans With Disabilities Act of 1990 (42 U.S.C. 
12111 et seq.). 
SEC. 3604. RECRUITMENT FEES. 
No employer, foreign labor contractor, or agent or 
employee of a foreign labor contractor, shall assess any 
fee (including visa fees, processing fees, transportation 
fees, legal expenses, placement fees, and other costs) to 
a worker for any foreign labor contracting activity. 
SEC. 3605. REGISTRATION. 
(a) REQUIREMENT TO REGISTER.— 
(1) IN GENERAL.—Subject to paragraph (2), 
prior to engaging in any foreign labor contracting 
activity, any person who is a foreign labor contractor 
or who, for any money or other valuable consider-
ation paid or promised to be paid, performs a for-
eign labor contracting activity on behalf of a foreign 
labor contractor, shall obtain a certificate of reg-
istration from the Secretary of Labor pursuant to 
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716 
regulations promulgated by the Secretary under sub-
section (c). 
(2) EXCEPTION FOR CERTAIN EMPLOYERS.—An 
employer, or employee of an employer, who engages 
in foreign labor contracting activity solely to find 
employees for that employer’s own use, and without 
the participation of any other foreign labor con-
tractor, shall not be required to register under this 
section. 
(b) NOTIFICATION.— 
(1) ANNUAL EMPLOYER NOTIFICATION.—Each 
employer shall notify the Secretary, not less fre-
quently than once every year, of the identity of any 
foreign labor contractor involved in any foreign labor 
contracting activity for, or on behalf of, the em-
ployer, including at a minimum, the name and ad-
dress of the foreign labor contractor, a description of 
the services for which the foreign labor contractor is 
being used, whether the foreign labor contractor is 
to receive any economic compensation for the serv-
ices, and, if so, the identity of the person or entity 
who is paying for the services. 
(2) ANNUAL FOREIGN LABOR CONTRACTOR NO-
TIFICATION.—Each foreign labor contractor shall 
notify the Secretary, not less frequently than once 
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every year, of the identity of any subcontractee, 
agent, or foreign labor contractor employee involved 
in any foreign labor contracting activity for, or on 
behalf of, the foreign labor contractor. 
(3) NONCOMPLIANCE NOTIFICATION.—An em-
ployer shall notify the Secretary of the identity of a 
foreign labor contractor whose activities do not com-
ply with this subtitle. 
(4) AGREEMENT.—Not later than 7 days after 
receiving a request from the Secretary, an employer 
shall provide the Secretary with the identity of any 
foreign labor contractor with which the employer has 
a contract or other agreement. 
(c) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary shall 
promulgate regulations to establish an efficient electronic 
process for the timely investigation and approval of an ap-
plication for a certificate of registration of foreign labor 
contractors, including— 
(1) a declaration, subscribed and sworn to by 
the applicant, stating the applicant’s permanent 
place of residence, the foreign labor contracting ac-
tivities for which the certificate is requested, and 
such other relevant information as the Secretary 
may require; 
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(2) a set of fingerprints of the applicant; 
(3) an expeditious means to update registra-
tions and renew certificates; 
(4) providing for the consent of any foreign 
labor recruiter to the designation by a court of the 
Secretary as an agent available to accept service of 
summons in any action against the applicant, if the 
applicant has left the jurisdiction in which the action 
is commenced, otherwise has become unavailable to 
accept service, or is subject to personal jurisdiction 
in no State; 
(5) providing for the consent of any foreign 
labor recruiter to jurisdiction in the Department or 
any Federal or State court in the United States for 
any action brought by any aggrieved individual or 
worker; 
(6) providing for cooperation in any investiga-
tion by the Secretary or other appropriate authori-
ties; 
(7) providing for consent to the forfeiture of the 
bond for failure to cooperate with these provisions; 
(8) providing for consent to be liable for viola-
tions of this subtitle by any agents or subcontractees 
of any level in relation to the foreign labor con-
tracting activity of the agent or subcontractee to the 
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same extent as if the foreign labor contractor had 
committed the violation; and 
(9) providing for consultation with other appro-
priate Federal agencies to determine whether any 
reason exists to deny registration to a foreign labor 
contractor. 
(d) TERM OF REGISTRATION.—Unless suspended or 
revoked, a certificate under this section shall be valid for 
2 years. 
(e) APPLICATION FEE.— 
(1) REQUIREMENT FOR FEE.—In addition to 
any other fees authorized by law, the Secretary shall 
impose a fee, to be deposited in the general fund of 
the Treasury, on a foreign labor contractor that sub-
mits an application for a certificate of registration 
under this section. 
(2) AMOUNT OF FEE.—The amount of the fee 
required by paragraph (1) shall be set at a level that 
the Secretary determines sufficient to cover the full 
costs of carrying out foreign labor contract registra-
tion activities under this subtitle, including worker 
education and any additional costs associated with 
the administration of the fees collected. 
(f) REFUSAL TO ISSUE; REVOCATION.—In accord-
ance with regulations promulgated by the Secretary, the 
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Secretary shall refuse to issue or renew, or shall revoke 
and debar from eligibility to obtain a certificate of reg-
istration for a period of not greater than 5 years, after 
notice and an opportunity for a hearing, a certificate of 
registration under this section if— 
(1) the applicant for, or holder of, the certifi-
cation has knowingly made a material misrepresen-
tation in the application for such certificate; 
(2) the applicant for, or holder of, the certifi-
cation is not the real party in interest in the applica-
tion or certificate of registration and the real party 
in interest— 
(A) is a person who has been refused 
issuance or renewal of a certificate; 
(B) has had a certificate revoked; or 
(C) does not qualify for a certificate under 
this section; 
(3) the applicant for, or holder of, the certifi-
cation has been convicted within the preceding 5 
years of— 
(A) any felony under State or Federal law 
or crime involving robbery, bribery, extortion, 
embezzlement, grand larceny, burglary, arson, 
violation of narcotics laws, murder, rape, as-
sault with intent to kill, assault which inflicts 
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grievous bodily injury, prostitution, peonage, or 
smuggling or harboring individuals who have 
entered the United States illegally; or 
(B) any crime relating to gambling, or to 
the sale, distribution or possession of alcoholic 
beverages, in connection with or incident to any 
labor contracting activities; or 
(4) the applicant for, or holder of, the certifi-
cation has materially failed to comply with this sec-
tion. 
(g) RE-REGISTRATION
OF VIOLATORS.—The Sec-
retary shall establish a procedure by which a foreign labor 
contractor that has had its registration revoked under sub-
section (f) may seek to re-register under this subsection 
by demonstrating to the Secretary’s satisfaction that the 
foreign labor contractor has not violated this subtitle in 
the previous 5 years and that the foreign labor contractor 
has taken sufficient steps to prevent future violations of 
this subtitle. 
SEC. 3606. BONDING REQUIREMENT. 
(a) IN GENERAL.—The Secretary shall require a for-
eign labor contractor to post a bond in an amount suffi-
cient to ensure the ability of the foreign labor contractor 
to discharge its responsibilities and to ensure protection 
of workers, including wages. 
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(b) REGULATIONS.—The Secretary, by regulation, 
shall establish the conditions under which the bond 
amount is determined, paid, and forfeited. 
(c) RELATIONSHIP TO OTHER REMEDIES.—The bond 
requirements and forfeiture of the bond under this section 
shall be in addition to other remedies under 3610 or any 
other law. 
SEC. 3607. MAINTENANCE OF LISTS. 
(a) IN GENERAL.—The Secretary shall maintain— 
(1) a list of all foreign labor contractors reg-
istered under this subsection, including— 
(A) the countries from which the contrac-
tors recruit; 
(B) the employers for whom the contrac-
tors recruit; 
(C) the visa categories and occupations for 
which the contractors recruit; and 
(D) the States where recruited workers are 
employed; and 
(2) a list of all foreign labor contractors whose 
certificate of registration the Secretary has revoked. 
(b) UPDATES; AVAILABILITY.—The Secretary shall— 
(1) update the lists required by subsection (a) 
on an ongoing basis, not less frequently than every 
6 months; and 
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723 
(2) make such lists publicly available, including 
through continuous publication on Internet websites 
and in written form at and on the websites of 
United States embassies in the official language of 
that country. 
(c) INTER-AGENCY AVAILABILITY.—The Secretary 
shall share the information described in subsection (a) 
with the Secretary of State. 
SEC. 3608. AMENDMENT TO THE IMMIGRATION AND NA-
TIONALITY ACT. 
Section 214 (8 U.S.C. 1184) is amended by adding 
at the end the following: 
‘‘(s) A visa shall not be issued under the subpara-
graph (A)(iii), (B)(i) (but only for domestic servants de-
scribed in clause (i) or (ii) of section 274a.12(c)(17) of 
title 8, Code of Federal Regulations (as in effect on De-
cember 4, 2007)), (G)(v), (H), (J), (L), (Q), (R), or (W) 
of section 101(a)(15) until the consular officer— 
‘‘(1) has provided to and reviewed with the ap-
plicant, in the applicant’s language (or a language 
the applicant understands), a copy of the informa-
tion and resources pamphlet required by section 202 
of the William Wilberforce Trafficking Victims Pro-
tection Reauthorization Act of 2008 (8 U.S.C. 
1375b); and 
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‘‘(2) has reviewed and made a part of the visa 
file the foreign labor recruiter disclosures required 
by section 3602 of the Border Security, Economic 
Opportunity, and Immigration Modernization Act, 
including whether the foreign labor recruiter is reg-
istered pursuant to that section.’’. 
SEC. 3609. RESPONSIBILITIES OF SECRETARY OF STATE. 
(a) IN GENERAL.—The Secretary of State shall en-
sure that each United States diplomatic mission has a per-
son who shall be responsible for receiving information 
from any worker who has been subject to violations of this 
subtitle. 
(b) PROVISION OF INFORMATION.—The responsible 
person referred to in subsection (a) shall ensure that the 
information received is provided to the Department of Jus-
tice, the Department of Labor, or any other relevant Fed-
eral agency. 
(c) MECHANISMS.—The Attorney General and the 
Secretary shall ensure that there is a mechanism for any 
actions that need to be taken in response to information 
received under subsection (a). 
(d) ASSISTANCE FROM FOREIGN GOVERNMENT.— 
The person designated for receiving information pursuant 
to subsection (a) is strongly encouraged to coordinate with 
governments and civil society organizations in the coun-
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tries of origin to ensure the worker receives additional sup-
port. 
(e) MAINTENANCE AND AVAILABILITY OF INFORMA-
TION.—The Secretary of State shall ensure that con-
sulates maintain information regarding the identities of 
foreign labor contractors and the employers to whom the 
foreign labor contractors supply workers. The Secretary 
of State shall make such information publicly available in 
written form and online, including on the websites of 
United States embassies in the official language of that 
country. 
(f) ANNUAL PUBLIC DISCLOSE.—The Secretary of 
State shall make publicly available online, on an annual 
basis, data disclosing the gender, country of origin and 
state, if available, date of birth, wage, level of training, 
and occupation category, disaggregated by job and by visa 
category and subcategory. 
SEC. 3610. ENFORCEMENT PROVISIONS. 
(a) COMPLAINTS AND INVESTIGATIONS.—The Sec-
retary— 
(1) shall establish a process for the receipt, in-
vestigation, and disposition of complaints filed by 
any person, including complaints respecting a for-
eign labor contractor’s compliance with this subtitle; 
and 
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(2) either pursuant to the process required by 
paragraph (1) or otherwise, may investigate employ-
ers or foreign labor contractors, including actions oc-
curring in a foreign country, as necessary to deter-
mine compliance with this subtitle. 
(b) ENFORCEMENT.— 
(1) IN GENERAL.—A worker who believes that 
he or she has suffered a violation of this subtitle 
may seek relief from an employer by— 
(A) filing a complaint with the Secretary 
within 3 years after the date on which the viola-
tion occurred or date on which the employee be-
came aware of the violation; or 
(B) if the Secretary has not issued a final 
decision within 120 days of the filing of the 
complaint and there is no showing that such 
delay is due to the bad faith of the claimant, 
bringing an action at law or equity for de novo 
review in the appropriate district court of the 
United States, which shall have jurisdiction 
over such an action without regard to the 
amount in controversy. 
(2) PROCEDURE.— 
(A) IN GENERAL.—Unless otherwise pro-
vided herein, a complaint under paragraph 
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(1)(A) shall be governed under the rules and 
procedures set forth in paragraphs (1) and 
(2)(A) of section 42121(b) of title 49, United 
States Code. 
(B) EXCEPTION.—Notification of a com-
plaint under paragraph (1)(A) shall be made to 
each person or entity named in the complaint 
as a defendant and to the employer. 
(C) STATUTE OF LIMITATIONS.—An action 
filed in a district court of the United States 
under paragraph (1)(B) shall be commenced 
not later than 180 days after the last day of the 
120-day period referred to in that paragraph. 
(D) JURY TRIAL.—A party to an action 
brought under paragraph (1)(B) shall be enti-
tled to trial by jury. 
(c) ADMINISTRATIVE ENFORCEMENT.— 
(1) IN GENERAL.—If the Secretary finds, after 
notice and an opportunity for a hearing, any foreign 
labor contractor or employer failed to comply with 
any of the requirements of this subtitle, the Sec-
retary may impose the following against such con-
tractor or employer— 
(A) a fine in an amount not more than 
$10,000 per violation; and 
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(B) upon the occasion of a third violation 
or a failure to comply with representations, a 
fine of not more than $25,000 per violation. 
(d) AUTHORITY TO ENSURE COMPLIANCE.—The 
Secretary is authorized to take other such actions, includ-
ing issuing subpoenas and seeking appropriate injunctive 
relief and recovery of damages, as may be necessary to 
assure compliance with the terms and conditions of this 
subtitle. 
(e) BONDING.—Pursuant to the bonding requirement 
in section 3606, bond liquidation and forfeitures shall be 
in addition to other remedies under this section or any 
other law. 
(f) CIVIL ACTION.— 
(1) IN GENERAL.—The Secretary or any person 
aggrieved by a violation of this subtitle may bring a 
civil action against any foreign labor contractor that 
does not meet the requirements under subsection 
(g)(2) in any court of competent jurisdiction— 
(A) to seek remedial action, including in-
junctive relief; 
(B) to recover damages on behalf of any 
worker harmed by a violation of this subsection; 
and 
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779 
‘‘(II) CRIME OF DOMESTIC VIO-
LENCE DEFINED.—In this clause, the 
term ‘crime of domestic violence’ 
means any crime of violence (as de-
fined in section 16 of title 18, United 
States Code) against a person com-
mitted by a current or former spouse 
of the person, by an individual with 
whom the person shares a child in 
common, by an individual who is co-
habiting with or has cohabited with 
the person as a spouse, by an indi-
vidual similarly situated to a spouse 
of the person under the domestic or 
family violence laws of the jurisdiction 
where the offense occurs, or by any 
other individual against a person who 
is protected from that individual’s 
acts under the domestic or family vio-
lence laws of the United States or any 
State, Indian tribal government, or 
unit of local or foreign government. 
‘‘(ii) VIOLATORS OF PROTECTION OR-
DERS.— 
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‘‘(I) IN
GENERAL.—Any alien 
who at any time is enjoined under a 
protection order issued by a court and 
whom the court determines has en-
gaged in conduct that constitutes 
criminal contempt of the portion of a 
protection order that involves protec-
tion against credible threats of vio-
lence, repeated harassment, or bodily 
injury to the person or persons for 
whom the protection order was issued, 
is inadmissible. 
‘‘(II) PROTECTION
ORDER
DE-
FINED.—In this clause, the term ‘pro-
tection order’ means any injunction 
issued for the purpose of preventing 
violent or threatening acts of domestic 
violence, including temporary or final 
orders issued by civil or criminal 
courts (other than support or child 
custody orders or provisions) whether 
obtained by filing an independent ac-
tion or as an independent order in an-
other proceeding. 
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(i) open a college savings account for 
such student; 
(ii) monitor the progress of such stu-
dent online, which— 
(I) shall include monitoring stu-
dent data relating to— 
(aa) grades and course se-
lections; 
(bb) progress reports; and 
(cc) attendance and discipli-
nary records; and 
(II) may also include monitoring 
student data relating to a broad range 
of information, provided by teachers 
and family members, related to post-
secondary education readiness, access, 
and completion; 
(iii) provide opportunities for such 
students, either online or in person, to 
learn about financial literacy, including 
by— 
(I) assisting such students in fi-
nancial planning for enrollment in an 
institution of higher education; and 
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