108 
(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to require any modification of fees 
before the completion of— 
(1) the fee study described in subsection (a); 
and 
(2) regulations promulgated by the Secretary of 
Homeland Security, in accordance with subchapter 
II of chapter 5 and chapter 7 of title 5, United 
States Code (commonly known as the ‘‘Administra-
tive Procedure Act’’), to carry out subsections (b) 
and (c). 
SEC. 8. TRANSPARENCY. 
(a) IN GENERAL.—Employees of the Department of 
Homeland Security, including the Secretary of Homeland 
Security, the Secretary’s counselors, the Assistant Sec-
retary for the Private Sector, the Director of United 
States Citizenship and Immigration Services, counselors 
to such Director, and the Chief of Immigrant Investor 
Programs at United States Citizenship and Immigration 
Services, shall act impartially and may not give pref-
erential treatment to any entity, organization, or indi-
vidual in connection with any aspect of the immigrant visa 
program described in section 203(b)(5) of the Immigra-
tion and Nationality Act (8 U.S.C. 1153(b)(5)). 
VerDate Sep 11 2014 
23:20 Aug 08, 2017
Jkt 069200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H3471.IH
H3471
sradovich on DSK3GMQ082PROD with BILLS
109 
(b) IMPROPER
ACTIVITIES.—Activities that con-
stitute preferential treatment under subsection (a) shall 
include— 
(1) working on, or in any way attempting to in-
fluence, in a manner not available to or accorded to 
all other petitioners, applicants, and seekers of bene-
fits under the immigrant visa program described in 
section 203(b)(5) of the Immigration and Nation-
ality Act (8 U.S.C. 1153(b)(5)), as amended by this 
Act, the standard processing of an application, peti-
tion, or benefit for— 
(A) a regional center established under 
subparagraph (H) of such section; 
(B) a new commercial enterprise (as de-
fined in subparagraph (Q) of such section); 
(C) a job-creating entity (as so defined); or 
(D) any person or entity associated with 
such regional center, new commercial enter-
prise, or job-creating entity; and 
(2) meeting or communicating with persons as-
sociated with the entities described in paragraph (1), 
at the request of such persons, in a manner not 
available to or accorded to all other petitioners, ap-
plicants, and seekers of benefits under such immi-
grant visa program. 
VerDate Sep 11 2014 
23:20 Aug 08, 2017
Jkt 069200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H3471.IH
H3471
sradovich on DSK3GMQ082PROD with BILLS
110 
(c) REPORTING OF COMMUNICATIONS.— 
(1) WRITTEN COMMUNICATION.—Employees of 
the Department of Homeland Security, including the 
officials listed in subsection (a), shall include, in the 
record of proceeding for a case under section 
203(b)(5) of the Immigration and Nationality Act, 
actual or electronic copies of all case-specific written 
communication, including e-mails from government 
and private accounts, with non-Department persons 
or entities advocating for regional center applica-
tions or individual petitions under such section that 
are pending on or after the date of the enactment 
of this Act (other than routine communications with 
other agencies of the Federal Government regarding 
the case, including communications involving back-
ground checks and litigation defense). 
(2) ORAL COMMUNICATION.—If substantive oral 
communication, including telephonic communication, 
virtual communication, and in-person meetings, 
takes place between officials of the Department of 
Homeland Security and non-Department persons or 
entities advocating for regional center applications 
or individual petitions under section 203(b)(5) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(b)(5)) that are pending on or after the date of 
VerDate Sep 11 2014 
23:20 Aug 08, 2017
Jkt 069200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H3471.IH
H3471
sradovich on DSK3GMQ082PROD with BILLS
111 
the enactment of this Act (other than routine com-
munications with other agencies of the Federal Gov-
ernment regarding the case, including communica-
tions involving background checks and litigation de-
fense)— 
(A) the conversation shall be recorded; or 
(B) detailed minutes of the session shall be 
taken and included in the record of proceeding. 
(3) NOTIFICATION.— 
(A) IN GENERAL.—If the Secretary, in the 
course of written or oral communication de-
scribed in this subsection, receives evidence 
about a specific case from anyone other than an 
affected party or his or her representative (ex-
cluding Federal Government or law enforcement 
sources), such information may not be made 
part of the record of proceeding and may not 
be considered in adjudicative proceedings un-
less— 
(i) the affected party has been given 
notice of such evidence; and 
(ii) if such evidence is derogatory, the 
affected party has been given an oppor-
tunity to respond to the evidence. 
VerDate Sep 11 2014 
23:20 Aug 08, 2017
Jkt 069200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H3471.IH
H3471
sradovich on DSK3GMQ082PROD with BILLS
112 
(B) INFORMATION
FROM
LAW
ENFORCE-
MENT, 
INTELLIGENCE
AGENCIES, 
OR
CON-
FIDENTIAL SOURCES.— 
(i) LAW
ENFORCEMENT
OR
INTEL-
LIGENCE
AGENCIES.—Evidence received 
from law enforcement or intelligence agen-
cies may not be made part of the record of 
proceeding without the consent of the rel-
evant agency or law enforcement entity. 
(ii) WHISTLEBLOWERS, 
CONFIDEN-
TIAL SOURCES, OR INTELLIGENCE AGEN-
CIES.—Evidence received from whistle-
blowers, other confidential sources, or the 
intelligence community that is included in 
the record of proceeding and considered in 
adjudicative proceedings shall be handled 
in a manner that does not reveal the iden-
tity of the whistleblower or confidential 
source, or reveal classified information. 
(d) CONSIDERATION OF EVIDENCE.— 
(1) IN GENERAL.—No case-specific communica-
tion with persons or entities that are not part of the 
Department of Homeland Security may be consid-
ered in the adjudication of an application or petition 
under section 203(b)(5) of the Immigration and Na-
VerDate Sep 11 2014 
23:20 Aug 08, 2017
Jkt 069200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H3471.IH
H3471
sradovich on DSK3GMQ082PROD with BILLS
113 
tionality Act (8 U.S.C. 1153(b)(5)) unless the com-
munication is included in the record of proceeding of 
the case. 
(2) WAIVER.—The Secretary of Homeland Se-
curity may waive the requirement under paragraph 
(1) only in the interests of national security or for 
investigative or law enforcement purposes. 
(e) CHANNELS OF COMMUNICATION.— 
(1) E-MAIL
ADDRESS
OR
EQUIVALENT.—The 
Director of United States Citizenship and Immigra-
tion Services shall maintain an e-mail account (or 
equivalent means of communication) for persons or 
entities— 
(A) with inquiries regarding specific peti-
tions or applications under the immigrant visa 
program described in section 203(b)(5) of the 
Immigration and Nationality Act (8 U.S.C. 
1153(b)(5)); or 
(B) seeking non-case-specific information 
about the immigrant visa program described in 
such section 203(b)(5). 
(2) COMMUNICATION ONLY THROUGH APPRO-
PRIATE CHANNELS OR OFFICES.— 
(A) ANNOUNCEMENT
OF
APPROPRIATE 
CHANNELS
OF
COMMUNICATION.—Not later 
VerDate Sep 11 2014 
23:20 Aug 08, 2017
Jkt 069200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H3471.IH
H3471
sradovich on DSK3GMQ082PROD with BILLS
114 
than 40 days after the date of the enactment of 
this Act, the Director of United States Citizen-
ship and Immigration Services shall announce 
that the only channels or offices by which in-
dustry stakeholders, petitioners, applicants, and 
seekers of benefits under the immigrant visa 
program described in section 203(b)(5) of the 
Immigration and Nationality Act (8 U.S.C. 
1153(b)(5)) may communicate with the Depart-
ment of Homeland Security regarding specific 
cases under such section (except for commu-
nication made by applicants and petitioners 
pursuant to regular adjudicatory procedures), 
or non-case-specific information about the visa 
program applicable to certain cases under such 
section, are through— 
(i) the e-mail address or equivalent 
channel described in paragraph (1); 
(ii) the United States Citizenship and 
Immigration Services National Customer 
Service Center, or any successor to that 
Center; or 
(iii) the United States Citizenship and 
Immigration Services Office of Public En-
gagement, Immigrant Investor Program 
VerDate Sep 11 2014 
23:20 Aug 08, 2017
Jkt 069200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H3471.IH
H3471
sradovich on DSK3GMQ082PROD with BILLS
115 
Office, Stakeholder Engagement Branch, 
or any successors to those Offices or 
Branch. 
(B) DIRECTION OF INCOMING COMMUNICA-
TIONS.— 
(i) IN GENERAL.—Employees of the 
Department of Homeland Security shall di-
rect communications described in subpara-
graph (A) to the channels of communica-
tion or offices listed in subparagraph (A). 
(ii) RULE OF CONSTRUCTION.—Noth-
ing in this subparagraph may be construed 
to prevent— 
(I) any person from commu-
nicating with the Ombudsman of 
United States Citizenship and Immi-
gration Services regarding the immi-
grant investor program under section 
203(b)(5) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)(5)); 
or 
(II) the Ombudsman from resolv-
ing problems regarding such immi-
grant investor program pursuant to 
the authority granted under section 
VerDate Sep 11 2014 
23:20 Aug 08, 2017
Jkt 069200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H3471.IH
H3471
sradovich on DSK3GMQ082PROD with BILLS
116 
452 of the Homeland Security Act of 
2002 (6 U.S.C. 272). 
(C) LOG.— 
(i) IN
GENERAL.—The Director of 
United States Citizenship and Immigration 
Services shall maintain a written or elec-
tronic log of— 
(I) all communications described 
in subparagraph (A) and communica-
tions from Members of Congress, 
which shall reference the date, time, 
and subject of the communication, 
and the identity of the Department of-
ficial, if any, to whom the inquiry was 
forwarded; 
(II) with respect to written com-
munications described in subsection 
(c)(1), the date the communication 
was received, the identities of the 
sender and addressee, and the subject 
of the communication; and 
(III) with respect to oral commu-
nications 
described 
in 
subsection 
(c)(2), the date on which the commu-
nication occurred, the participants in 
VerDate Sep 11 2014 
23:20 Aug 08, 2017
Jkt 069200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H3471.IH
H3471
sradovich on DSK3GMQ082PROD with BILLS
117 
the conversation or meeting, and the 
subject of the communication. 
(ii) TRANSPARENCY.—The log of com-
munications described in clause (i) shall be 
made publicly available in accordance with 
section 552 of title 5, United States Code 
(commonly known as the ‘‘Freedom of In-
formation Act’’). 
(3) PUBLICATION OF INFORMATION.—If, as a 
result of a communication with an official of the De-
partment of Homeland Security, a person or entity 
inquiring about a specific case or generally about the 
immigrant visa program described in section 
203(b)(5) of the Immigration and Nationality Act (8 
U.S.C. 1153(b)(5)) received generally applicable and 
non-case-specific information about program require-
ments or administration that has not been made 
publicly available by the Department, the Director of 
United States Citizenship and Immigration Services, 
not later than 30 days after the communication of 
such information to such person or entity, shall pub-
lish such information on the United States Citizen-
ship and Immigration Services Web site as an up-
date to the relevant Frequently Asked Questions 
page or by some other comparable mechanism. 
VerDate Sep 11 2014 
23:20 Aug 08, 2017
Jkt 069200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H3471.IH
H3471
sradovich on DSK3GMQ082PROD with BILLS
118 
(f) PENALTY.— 
(1) IN
GENERAL.—Any person who inten-
tionally violates the prohibition on preferential treat-
ment under this section or intentionally violates the 
reporting requirements under subsection (c) shall be 
disciplined in accordance with paragraph (2). 
(2) SANCTIONS.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary 
of Homeland Security shall establish a graduated set 
of sanctions based on the severity of the violation re-
ferred to in paragraph (1), which may include, in 
addition to any criminal or civil penalties that may 
be imposed, written reprimand, suspension, demo-
tion, or removal. 
(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to modify any law, regulation, or 
policy regarding the handling or disclosure of classified in-
formation. 
(h) NO CREATION OF PRIVATE RIGHT OF ACTION.— 
Nothing in this section may be construed to create or au-
thorize a private right of action to challenge a decision 
of an employee of the Department of Homeland Security. 
SEC. 9. REPORTS. 
(a) GAO REPORT.—Not later than December 31, 
2019, the Comptroller General of the United States shall 
VerDate Sep 11 2014 
23:20 Aug 08, 2017
Jkt 069200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H3471.IH
H3471
sradovich on DSK3GMQ082PROD with BILLS
119 
submit a report to the Committee on the Judiciary of the 
Senate and the Committee on the Judiciary of the House 
of Representatives that describes— 
(1) the economic benefits of the regional center 
program established under section 203(b)(5) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(b)(5)), including the steps taken by United 
States Citizenship and Immigration Services to 
verify job creation; 
(2) the extent to which United States Citizen-
ship and Immigration Services ensures compliance 
by regional center participants with their obligations 
under the immigrant investor program; 
(3) the extent to which United States Citizen-
ship and Immigration Services has maintained 
records of regional centers and associated commer-
cial enterprises, including annual statements and 
certifications; 
(4) the steps taken by United States Citizen-
ship and Immigration Services to verify the source 
of funds, as required under section 203(b)(5)(D) of 
the Immigration and Nationality Act, as added by 
section 2 of this Act; 
(5) the extent to which United States Citizen-
ship and Immigration Services collaborates with 
VerDate Sep 11 2014 
23:20 Aug 08, 2017
Jkt 069200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H3471.IH
H3471
sradovich on DSK3GMQ082PROD with BILLS
120 
other Federal and law enforcement agencies, par-
ticularly to detect illegal activity and threats to na-
tional security related to the regional center pro-
gram; 
(6) the extent to which United States Citizen-
ship and Immigration Services has prevented fraud 
and abuse in regional center activities, including the 
designation of targeted employment areas in areas 
that otherwise have high employment; 
(7) the extent to which United States Citizen-
ship and Immigration Services has used its authority 
to sanction, suspend, bar, or terminate regional cen-
ters or individuals affiliated with regional centers; 
(8) the steps that have been taken to oversee 
direct and third-party promoters under section 
203(b)(5)(N) of the Immigration and Nationality 
Act, as added by section 3 of this Act; 
(9) the extent to which employees of the De-
partment of Homeland Security have complied with 
the ethical standards and transparency requirements 
under section 8 of this Act; and 
(10) an accounting of the expenditure of 
amounts from the EB–5 Integrity Fund established 
under section 203(b)(5)(M) of the Immigration and 
Nationality Act, as added by section 3 of this Act. 
VerDate Sep 11 2014 
23:20 Aug 08, 2017
Jkt 069200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H3471.IH
H3471
sradovich on DSK3GMQ082PROD with BILLS
121 
(b) INSPECTOR GENERAL REPORT.—Not later than 
December 31, 2019, the Inspector General of the Intel-
ligence Community, in coordination with the Inspector 
General of the Department of Homeland Security and 
after consultation with relevant Federal agencies, includ-
ing United States Immigration and Customs Enforce-
ment, shall submit a report to the Committee on the Judi-
ciary of the Senate and the Committee on the Judiciary 
of the House of Representatives concerning the immigrant 
visa program set forth in section 203(b)(5) of the Immi-
gration and Nationality Act (8 U.S.C. 1153(b)(5)) that 
describes— 
(1) the vulnerabilities within the program that 
may undermine the national security of the United 
States; 
(2) the actual or potential use of the program 
to facilitate export of sensitive technology; 
(3) the actual or potential use of the program 
to facilitate economic espionage; 
(4) the actual or potential use of the program 
by foreign government agents; and 
(5) the actual or potential use of the program 
to facilitate terrorist activity, including funding ter-
rorist activity or laundering terrorist funds. 
VerDate Sep 11 2014 
23:20 Aug 08, 2017
Jkt 069200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H3471.IH
H3471
sradovich on DSK3GMQ082PROD with BILLS
122 
(c) REVIEW OF JOB CREATION METHODOLOGIES.— 
Not later than 1 year after the date of the enactment of 
this Act, the Secretary of Homeland Security, in consulta-
tion with the Bureau of Economic Analysis of the Depart-
ment of Commerce, or another component within the De-
partment of Commerce, as determined by the Secretary 
of Commerce, shall publish regulations to determine eco-
nomically and statistically valid general economic meth-
odologies 
that 
are 
in 
compliance 
with 
section 
203(b)(5)(A)(ii) of the Immigration and Nationality Act 
(8 U.S.C. 1153(b)(5)(A)(ii)). 
(d) REPORT.— 
(1) IN GENERAL.—Not later than 3 years after 
the date of the enactment of this Act, the Secretary 
of Homeland Security, in coordination with the Sec-
retary of Commerce and after consultation with rel-
evant Federal agencies, shall submit a report to the 
Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Rep-
resentatives that describes, with respect to the pro-
gram under section 203(b)(5) of the Immigration 
and Nationality Act (8 U.S.C. 1153(b)(5))— 
(A) the percentage of completed and pend-
ing capital investment projects and the number 
of alien investors investing pursuant to such 
VerDate Sep 11 2014 
23:20 Aug 08, 2017
Jkt 069200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H3471.IH
H3471
sradovich on DSK3GMQ082PROD with BILLS
123 
program in the States, metropolitan and 
micropolitan statistical areas, and counties in 
which such projects occurred in each fiscal year, 
within the scope of business plans filed pursu-
ant to section 203(b)(5)(I) of the Immigration 
and Nationality Act (8 U.S.C. 1153(b)(5)(I)), 
as added by this Act, both approved and await-
ing approval— 
(i) in rural areas; 
(ii) in rural areas where the median 
family income is 125 percent or more than 
the national average; 
(iii) in priority urban investment 
areas; 
(iv) for infrastructure projects; 
(v) for manufacturing projects; and 
(vi) in areas that are not described in 
any of the clauses (i) through (v); 
(B) whether other Federal financial assist-
ance and tax incentive programs, such as eco-
nomic development programs administered by 
the Department of Agriculture, the Department 
of Housing and Urban Development, or the 
Community Development Financial Institutions 
VerDate Sep 11 2014 
23:20 Aug 08, 2017
Jkt 069200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H3471.IH
H3471
sradovich on DSK3GMQ082PROD with BILLS
124 
Fund, are also used or available for use by 
projects described in subparagraph (A); 
(C)(i) what data is available to assess com-
muting patterns from high unemployment cen-
sus tracts to project locations; 
(ii) whether the consideration of such com-
muting patterns may be an appropriate factor 
for targeted employment area designations; and 
(iii) whether such data can be used to as-
sess job creation in high unemployment census 
tracts; 
(D) whether market demands to approve 
projects described in subparagraph (A) exceed 
the number of visas allowed under section 
203(b)(5) of the Immigration and Nationality 
Act (8 U.S.C. 1153(b)(5)); 
(E) whether other metrics or Federal data 
sets are available that capture underserved or 
undercapitalized communities that may provide 
an appropriate factor for targeted employment 
area designations; and 
(F) what data is available to assess the 
percentage of jobs created through the investor 
visa program that are held by persons who re-
side in census tracts that have an unemploy-
VerDate Sep 11 2014 
23:20 Aug 08, 2017
Jkt 069200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H3471.IH
H3471
sradovich on DSK3GMQ082PROD with BILLS
125 
ment rate of at least 150 percent of the na-
tional average. 
(2) PUBLIC INPUT.—Not later than 60 days be-
fore the submission of the report required under 
paragraph (1), the Secretary of Homeland Security 
shall provide the public with notice and an oppor-
tunity to comment on the draft report. 
Æ 
VerDate Sep 11 2014 
23:20 Aug 08, 2017
Jkt 069200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6301
E:\BILLS\H3471.IH
H3471
sradovich on DSK3GMQ082PROD with BILLS