439 
the Director of Central Intelligence, jointly de-
termine— 
‘‘(I) is in possession of critical reliable 
information concerning the activities of 
governments or organizations, or their 
agents, representatives, or officials, with 
respect to weapons of mass destruction 
and related delivery systems, if such gov-
ernments or organizations are at risk of 
developing, selling, or transferring such 
weapons or related delivery systems; and 
‘‘(II) is willing to supply or has sup-
plied, fully and in good faith, information 
described in subclause (I) to appropriate 
persons within the United States Govern-
ment; and 
if the Secretary of Homeland Security (or with 
respect to clause (ii), the Secretary of State and 
the Secretary of Homeland Security jointly) 
considers it to be appropriate, the spouse, chil-
dren, married and unmarried sons and daugh-
ters, and parents of an alien described in clause 
(i), (ii), or (iii) if accompanying, or following to 
join, the alien;’’. 
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440 
(b) NUMERICAL LIMITATION.—Section 214(k)(1) (8 
U.S.C. 1184(k)(1)) is amended to read as follows: 
‘‘(1) The number of aliens who may be provided a 
visa as nonimmigrants under section 101(a)(15)(S) in any 
fiscal year may not exceed 1,000.’’. 
(c) REPORTS.— 
(1) CONTENT.—Section 214(k)(4) (8 U.S.C. 
1184(k)(4)) is amended— 
(A) in the matter preceding subparagraph 
(A)— 
(i) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary of Homeland Se-
curity’’; and 
(ii) by striking ‘‘concerning’’ and in-
serting ‘‘that includes’’; 
(B) in subparagraph (D), by striking 
‘‘and’’ at the end; 
(C) in subparagraph (E), by striking the 
period at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(F) if the total number of such nonimmigrants 
admitted is fewer than 25 percent of the total num-
ber provided for under paragraph (1)— 
‘‘(i) the reasons for the reduced number of 
such nonimmigrants; 
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441 
‘‘(ii) the efforts made by the Secretary of 
Homeland 
Security 
to 
admit 
such 
non-
immigrants; and 
‘‘(iii) any extenuating circumstances that 
contributed to the reduced number of such non-
immigrants.’’. 
(2) FORM
OF
REPORT.—Section 214(k) (8 
U.S.C. 1184(k)) is amended by adding at the end 
the following: 
‘‘(5) To the extent required by law and if it is 
in the interests of national security or the security 
of such nonimmigrants that are admitted, as deter-
mined by the Secretary of Homeland Security— 
‘‘(A) the information contained in a report 
described in paragraph (4) may be classified; 
and 
‘‘(B) the Secretary of Homeland Security 
shall, to the extent feasible, submit a non-classi-
fied version of the report to the Committee on 
the Judiciary of the House of Representatives 
and the Committee on the Judiciary of the Sen-
ate.’’. 
SEC. 521. L VISA LIMITATIONS. 
Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amend-
ed— 
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442 
(1) by striking ‘‘Attorney General’’ each place 
it appears and inserting ‘‘Secretary of Homeland Se-
curity’’; 
(2) in subparagraph (E), by striking ‘‘In the 
case of an alien spouse admitted under section 
101(a)(15)(L), who’’ and inserting ‘‘Except as pro-
vided in subparagraph (H), if an alien spouse admit-
ted under section 101(a)(15)(L)’’; and 
(3) by adding at the end the following: 
‘‘(G)(i) If the beneficiary of a petition under 
this subsection is coming to the United States to 
open, or be employed in, a new facility, the petition 
may be approved for a period not to exceed 12 
months only if the employer operating the new facil-
ity has— 
‘‘(I) a business plan; 
‘‘(II) sufficient physical premises to carry 
out the proposed business activities; and 
‘‘(III) the financial ability to commence 
doing business immediately upon the approval 
of the petition. 
‘‘(ii) An extension of the approval period under 
clause (i) may not be granted until the importing 
employer submits to the Secretary of Homeland Se-
curity— 
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443 
‘‘(I) evidence that the importing employer 
meets the requirements of this subsection; 
‘‘(II) evidence that the beneficiary meets 
the requirements of section 101(a)(15)(L); 
‘‘(III) a statement summarizing the origi-
nal petition; 
‘‘(IV) evidence that the importing employer 
has fully complied with the business plan sub-
mitted under clause (i); 
‘‘(V) evidence of the truthfulness of any 
representations made in connection with the fil-
ing of the original petition; 
‘‘(VI) evidence that the importing em-
ployer, during the previous 12 months, has been 
doing business at the new facility through reg-
ular, systematic, and continuous provision of 
goods or services, or has otherwise been taking 
commercially reasonable steps to establish the 
new facility as a commercial enterprise; 
‘‘(VII) a statement of the duties the bene-
ficiary has performed at the new facility during 
the preceding 12-month period and the duties 
the beneficiary will perform at the new facility 
during the extension period approved under this 
clause; 
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