650 
(1) section 274A of the Immigration and Na-
tionality Act (8 U.S.C. 1324a), as amended by sec-
tion 3101; 
(2) section 16 of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 216); and 
(3) any other Federal law covering similar con-
duct. 
(b) REQUIREMENTS.—In carrying out subsection (a), 
the Sentencing Commission shall provide sentencing en-
hancements for any person convicted of an offense de-
scribed in subsection (a) if such offense involves— 
(1) the intentional confiscation of identification 
documents; 
(2) corruption, bribery, extortion, or robbery; 
(3) sexual abuse; 
(4) serious bodily injury; 
(5) an intent to defraud; or 
(6) a pattern of conduct involving multiple vio-
lations of law that— 
(A) creates, through knowing and inten-
tional conduct, a risk to the health or safety of 
any victim; or 
(B) denies payments due to victims for 
work completed. 
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Subtitle C—Other Provisions 
SEC. 3301. FUNDING. 
(a) ESTABLISHMENT OF THE INTERIOR ENFORCE-
MENT ACCOUNT.—There is hereby established in the 
Treasury of the United States an account which shall be 
known as the Interior Enforcement Account. 
(b) APPROPRIATIONS.—There are authorized to be 
appropriated to the Interior Enforcement Account 
$1,000,000,000 to carry out this title and the amend-
ments made by this title, including the following appro-
priations: 
(1) In each of the 5 years beginning on the date 
of the enactment of this Act, the appropriations nec-
essary to increase to a level not less than 5,000, by 
the end of such 5-year period, the total number of 
personnel of the Department assigned exclusively or 
principally to an office or offices in U.S. Citizenship 
and Immigration Services and U.S. Immigration and 
Customs Enforcement (and consistent with the mis-
sions of such agencies), dedicated to administering 
the System, and monitoring and enforcing compli-
ance with sections 274A, 274B, and 274C of the 
Immigration and Nationality Act (8 U.S.C. 1324a, 
1324b, and 1324c), including compliance with the 
requirements of the Electronic Verification System 
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established under section 274A(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324a(d)), as 
amended by section 3101. Such personnel shall per-
form compliance and monitoring functions, including 
the following: 
(A) Verify compliance of employers partici-
pating in such System with the requirements 
for participation that are prescribed by the Sec-
retary. 
(B) Monitor such System for multiple uses 
of social security account numbers and immi-
gration identification numbers that could indi-
cate identity theft or fraud. 
(C) Monitor such System to identify dis-
criminatory or unfair practices. 
(D) Monitor such System to identify em-
ployers who are not using such System prop-
erly, including employers who fail to make 
available appropriate records with respect to 
their queries and any notices of confirmation, 
nonconfirmation, or further action. 
(E) Identify instances in which an em-
ployee alleges that an employer violated the em-
ployee’s privacy or civil rights, or misused such 
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System, and create procedures for an employee 
to report such an allegation. 
(F) Analyze and audit the use of such Sys-
tem and the data obtained through such System 
to identify fraud trends, including fraud trends 
across industries, geographical areas, or em-
ployer size. 
(G) Analyze and audit the use of such Sys-
tem and the data obtained through such System 
to develop compliance tools as necessary to re-
spond to changing patterns of fraud. 
(H) Provide employers with additional 
training and other information on the proper 
use of such System, including training related 
to privacy and employee rights. 
(I) Perform threshold evaluation of cases 
for referral to the Special Counsel for Immigra-
tion-Related Unfair Employment Practices of 
the Department of Justice or the Equal Em-
ployment Opportunity Commission, and other 
officials or agencies with responsibility for en-
forcing anti-discrimination, civil rights, privacy, 
or worker protection laws, as may be appro-
priate. 
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(J) Any other compliance and monitoring 
activities that the Secretary determines are nec-
essary to ensure the functioning of such Sys-
tem. 
(K) Investigate identity theft and fraud de-
tected through such System and undertake the 
necessary enforcement or referral actions. 
(L) Investigate use of or access to fraudu-
lent documents and undertake the necessary en-
forcement actions. 
(M) Perform any other investigations that 
the Secretary determines are necessary to en-
sure the lawful functioning of such System, and 
undertake any enforcement actions necessary as 
a result of such investigations. 
(2) The appropriations necessary to acquire, in-
stall, and maintain technological equipment nec-
essary to support the functioning of such System 
and the connectivity between U.S. Citizenship and 
Immigration Services and U.S. Immigration and 
Customs Enforcement, the Department of Justice, 
and other agencies or officials with respect to the 
sharing of information to support such System and 
related immigration enforcement actions. 
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(3) The appropriations necessary to establish a 
robust redress process for employees who wish to ap-
peal contested nonconfirmations to ensure the accu-
racy and fairness of such System. 
(4) The appropriations necessary to provide a 
means by which individuals may access their own 
employment authorization data to ensure the accu-
racy of such data, independent of an individual’s em-
ployer. 
(5) The appropriations necessary to carry out 
the identity authentication mechanisms described in 
section 274A(c)(1)(F) of the Immigration and Na-
tionality Act, as amended by section 3101(a). 
(6) The appropriations necessary for the Office 
for Civil Rights and Civil Liberties and the Office of 
Privacy of the Department to perform the respon-
sibilities of such Offices related to such System. 
(7) The appropriations necessary to make 
grants to States to support the States in assisting 
the Federal Government in carrying out the provi-
sions of this title and the amendments made by this 
title. 
(c) ESTABLISHMENT
OF REIMBURSABLE AGREE-
MENT BETWEEN THE DEPARTMENT OF HOMELAND SE-
CURITY AND THE SOCIAL SECURITY ADMINISTRATION.— 
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Effective for fiscal years beginning on or after the date 
of enactment of this Act, the Secretary and the Commis-
sioner of Social Security shall enter into and maintain an 
agreement that— 
(1) provides funds to the Commissioner for the 
full costs of the responsibilities of the Commissioner 
under this section, including— 
(A) acquiring, installing, and maintaining 
technological equipment and systems necessary 
for the fulfillment of the responsibilities of the 
Commissioner under this section; and 
(B) responding to individuals who contest 
a further action notice provided by the employ-
ment verification system established under sec-
tion 274A of the Immigration and Nationality 
Act, as amended by section 3101; 
(2) provides such funds quarterly in advance of 
the applicable quarter based on estimating method-
ology agreed to by the Commissioner and the Sec-
retary; and 
(3) requires an annual accounting and reconcili-
ation of the actual costs incurred and the funds pro-
vided under the agreement which shall be reviewed 
by the Office of the Inspector General of the Social 
Security Administration and the Department. 
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657 
(d) AUTHORIZATION OF APPROPRIATIONS TO THE 
ATTORNEY GENERAL.—There are authorized to be appro-
priated to the Attorney General such sums as may be nec-
essary to carry out the provisions of this title and the 
amendments made by this title, including enforcing com-
pliance with section 274B of the Immigration and Nation-
ality Act, as amended by section 3105. 
(e) AUTHORIZATION OF APPROPRIATIONS TO THE 
SECRETARY OF STATE.—There are authorized to be ap-
propriated to the Secretary of State such sums as may 
be necessary to carry out the provisions of this title and 
the amendments made by this title. 
SEC. 3302. EFFECTIVE DATE. 
Except as otherwise specifically provided, this title 
and the amendments made by this title shall take effect 
on the date of the enactment of this Act. 
SEC. 3303. MANDATORY EXIT SYSTEM. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—Not later than December 31, 
2015, the Secretary shall establish a mandatory exit 
data system that shall include a requirement for the 
collection of data from machine-readable visas, pass-
ports, and other travel and entry documents for all 
categories of aliens who are exiting from air and sea 
ports of entry. 
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658 
(2) BIOMETRIC EXIT DATA SYSTEM.—Not later 
than 2 years after the date of the enactment of this 
Act, the Secretary shall establish a mandatory bio-
metric exit data system at the 10 United States air-
ports that support the highest volume of inter-
national air travel, as determined by Department of 
Transportation international flight departure data. 
(3) REPORT.—Not later than 3 years after the 
date of the enactment of this Act, the Secretary 
shall submit a report to Congress that analyzes the 
effectiveness of biometric exit data collection at the 
10 airports referred to in paragraph (2). 
(4) MANDATORY BIOMETRIC EXIT DATA SYS-
TEM.—Absent intervening action by Congress, the 
Secretary, not later than 6 years after the date of 
the enactment of this Act, shall establish a manda-
tory biometric exit data system at all the Core 30 
international airports in the United States, as so 
designated by the Federal Aviation Administration. 
(5) EXPANSION OF BIOMETRIC EXIT DATA SYS-
TEM TO MAJOR SEA AND LAND PORTS.—Not later 
than 6 years after the date of the enactment of this 
Act, the Secretary shall submit a plan to Congress 
for the expansion of the biometric exit system to 
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659 
major sea and land entry and exit points within the 
United States based upon— 
(A) the performance of the program estab-
lished pursuant to paragraph (2); 
(B) the findings of the study conducted 
pursuant to paragraph (3); and 
(C) the projected costs to develop and de-
ploy an effective biometric exit data system. 
(6) DATA COLLECTION.—There are authorized 
to be appropriated, from the Comprehensive Immi-
gration Reform Trust Fund established under sec-
tion 9(a)(1), such sums as may be necessary to 
carry out this section 
(b) INTEGRATION AND INTEROPERABILITY.— 
(1) INTEGRATION OF DATA SYSTEM.—The Sec-
retary shall fully integrate all data from databases 
and data systems that process or contain informa-
tion on aliens, which are maintained by— 
(A) the Department, at— 
(i) the U.S. Immigration and Customs 
Enforcement; 
(ii) the U.S. Customs and Border 
Protection; and 
(iii) the U.S. Citizenship and Immi-
gration Services; 
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(B) the Department of Justice, at the Ex-
ecutive Office for Immigration Review; and 
(C) the Department of State, at the Bu-
reau of Consular Affairs. 
(2) INTEROPERABLE
COMPONENT.—The fully 
integrated data system under paragraph (1) shall be 
an interoperable component of the exit data system. 
(3) INTEROPERABLE DATA SYSTEM.—The Sec-
retary shall fully implement an interoperable elec-
tronic data system to provide current and immediate 
access to information in the databases of Federal 
law enforcement agencies and the intelligence com-
munity that is relevant to determine— 
(A) whether to issue a visa; or 
(B) the admissibility or deportability of an 
alien. 
(4) TRAINING.—The Secretary shall establish 
ongoing training modules on immigration law to im-
prove adjudications at United States ports of entry, 
consulates, and embassies. 
(c) INFORMATION SHARING.—The Secretary shall re-
port to the appropriate Federal law enforcement agency, 
intelligence agency, national security agency, or compo-
nent of the Department of Homeland Security any alien 
who was lawfully admitted into the United States and 
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661 
whose individual data in the integrated exit data system 
shows that he or she has not departed the country when 
he or she was legally required to do so, and shall ensure 
that— 
(1) if the alien has departed the United States 
when he or she was legally required to do so, the in-
formation contained in the integrated exit data sys-
tem is updated to reflect the alien’s departure; or 
(2) if the alien has not departed the United 
States when he or she was legally required to do so, 
reasonably available enforcement resources are em-
ployed to locate the alien and to commence removal 
proceedings against the alien. 
SEC. 3304. IDENTITY-THEFT RESISTANT MANIFEST INFOR-
MATION FOR PASSENGERS, CREW, AND NON- 
CREW ONBOARD DEPARTING AIRCRAFT AND 
VESSELS. 
(a) DEFINITIONS.—Except as otherwise specifically 
provided, in this section: 
(1) IDENTITY-THEFT
RESISTANT
COLLECTION 
LOCATION.—The term ‘‘identity-theft resistant col-
lection location’’ means a location within an airport 
or seaport— 
(A) within the path of the departing alien, 
such that the alien would not need to signifi-
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662 
cantly deviate from that path to comply with 
exit requirements at which air or vessel carrier 
employees, as applicable, either presently or 
routinely are available if an alien needs proc-
essing assistance; and 
(B) which is equipped with technology that 
can securely collect and transmit identity-theft 
resistant departure information to the Depart-
ment. 
(2) US–VISIT.—The term ‘‘US–VISIT’’ means 
the United States-Visitor and Immigrant Status In-
dicator Technology system. 
(b) IDENTITY THEFT RESISTANT MANIFEST INFOR-
MATION.— 
(1) PASSPORT OR VISA COLLECTION REQUIRE-
MENT.—Except as provided in subsection (c), an ap-
propriate official of each commercial aircraft or ves-
sel departing from the United States to any port or 
place outside the United States shall ensure trans-
mission to U.S. Customs and Border Protection of 
identity-theft resistant departure manifest informa-
tion covering alien passengers, crew, and non-crew. 
Such identity-theft resistant departure manifest in-
formation— 
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663 
(A) shall be transmitted to U.S. Customs 
and Border Protection at the place and time 
specified in paragraph (3) by means approved 
by the Secretary; and 
(B) shall set forth the information speci-
fied in paragraph (4) or other information as 
required by the Secretary. 
(2) MANNER OF COLLECTION.—Carriers board-
ing alien passengers, crew, and noncrew subject to 
the requirement to provide information upon depar-
ture for US–VISIT processing shall collect identity- 
theft resistant departure manifest information from 
each alien at an identity-theft resistant collection lo-
cation at the airport or seaport before boarding that 
alien on transportation for departure from the 
United States, at a time as close to the originally 
scheduled departure of that passenger’s aircraft or 
sea vessel as practicable. 
(3) TIME AND MANNER OF SUBMISSION.— 
(A) IN GENERAL.—The appropriate official 
specified in paragraph (1) shall ensure trans-
mission of the identity-theft resistant departure 
manifest information required and collected 
under paragraphs (1) and (2) to the Data Cen-
ter or Headquarters of U.S. Customs and Bor-
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664 
der Protection, or such other data center as 
may be designated. 
(B) TRANSMISSION.—The biometric depar-
ture information may be transmitted to the De-
partment over any means of communication au-
thorized by the Secretary for the transmission 
of other electronic manifest information con-
taining personally identifiable information and 
under transmission standards currently applica-
ble to other electronic manifest information. 
(C) SUBMISSION ALONG WITH OTHER IN-
FORMATION.—Files containing the identity- 
theft resistant departure manifest informa-
tion— 
(i) may be sent with other electronic 
manifest data prior to departure or may be 
sent separately from any topically related 
electronic manifest data; and 
(ii) may be sent in batch mode. 
(4) INFORMATION
REQUIRED.—The identity- 
theft resistant departure information required under 
paragraphs (1) through (3) for each covered pas-
senger or crew member shall contain alien data from 
machine-readable visas, passports, and other travel 
and entry documents issued to the alien. 
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665 
(c) EXCEPTION.—The identity-theft resistant depar-
ture information specified in this section is not required 
for any alien active duty military personnel traveling as 
passengers on board a departing Department of Defense 
commercial chartered aircraft. 
(d) CARRIER MAINTENANCE AND USE OF IDENTITY- 
THEFT RESISTANT DEPARTURE MANIFEST INFORMA-
TION.—Carrier use of identity-theft resistant departure 
manifest information for purposes other than as described 
in standards set by the Secretary is prohibited. Carriers 
shall immediately notify the Chief Privacy Officer of the 
Department in writing in the event of unauthorized use 
or access, or breach, of identity-theft resistant departure 
manifest information. 
(e) COLLECTION AT SPECIFIED LOCATION.—If the 
Secretary determines that an air or vessel carrier has not 
adequately complied with the provisions of this section, the 
Secretary may, in the Secretary’s discretion, require the 
air or vessel carrier to collect identity-theft resistant de-
parture manifest information at a specific location prior 
to the issuance of a boarding pass or other document on 
the international departure, or the boarding of crew, in 
any port through which the carrier boards aliens for inter-
national departure under the supervision of the Secretary 
for such period as the Secretary considers appropriate to 
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666 
ensure the adequate collection and transmission of biomet-
ric departure manifest information. 
(f) FUNDING.—There shall be appropriated to the In-
terior Enforcement Account $500,000,000 to reimburse 
carriers for their reasonable actual expenses in carrying 
out their duties as described in this section. 
(g) DETERMINATION OF BUDGETARY EFFECTS.— 
(1) EMERGENCY DESIGNATION FOR CONGRES-
SIONAL
ENFORCEMENT.—In the Senate, amounts 
made available under this section are designated as 
an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 
2010. 
(2) EMERGENCY DESIGNATION FOR STATUTORY 
PAYGO.—Amounts made available under this section 
are designated as an emergency requirement under 
section 4(g) of the Statutory Pay-As-You-Go Act of 
2010 (Public Law 111–139; 2 U.S.C. 933(g)). 
SEC. 3305. PROFILING. 
(a) PROHIBITION.—In making routine or sponta-
neous law enforcement decisions, such as ordinary traffic 
stops, Federal law enforcement officers may not use race 
or ethnicity to any degree, except that officers may rely 
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667 
on race and ethnicity if a specific suspect description ex-
ists. 
(b) EXCEPTIONS.— 
(1) SPECIFIC
INVESTIGATION.—In conducting 
activities in connection with a specific investigation, 
Federal law enforcement officers may consider race 
and ethnicity only to the extent that there is trust-
worthy information, relevant to the locality or time 
frame, that links persons of a particular race or eth-
nicity to an identified criminal incident, scheme, or 
organization. This standard applies even where the 
use of race or ethnicity might otherwise be lawful. 
(2) NATIONAL SECURITY.—In investigating or 
preventing threats to national security or other cata-
strophic events (including the performance of duties 
related to air transportation security), or in enforc-
ing laws protecting the integrity of the Nation’s bor-
ders, Federal law enforcement officers may not con-
sider race or ethnicity except to the extent permitted 
by the Constitution and laws of the United States. 
(3) DEFINED TERM.—In this section, the term 
‘‘Federal law enforcement officer’’ means any offi-
cer, agent, or employee of the United States author-
ized by law or by a Government agency to engage 
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668 
in or supervise the prevention, detection, investiga-
tion, or prosecution of any violation of Federal law. 
(c) STUDY AND REGULATIONS.— 
(1) DATA
COLLECTION.—Not later than 180 
days after the date of the enactment of this Act, the 
Secretary shall begin collecting data regarding the 
individualized immigration enforcement activities of 
covered Department officers. 
(2) STUDY.—Not later than 180 days after 
data collection under paragraph (1) commences, the 
Secretary shall complete a study analyzing the data. 
(3) REGULATIONS.—Not later than 90 days 
after the date the study required by paragraph (2) 
is completed, the Secretary, in consultation with the 
Attorney General, shall issue regulations regarding 
the use of race, ethnicity, and any other suspect 
classifications the Secretary deems appropriate by 
covered Department officers. 
(4) REPORTS.—Not later than 30 days after 
completion of the study required by paragraph (2), 
the Secretary shall submit the study to— 
(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(B) the Committee on Homeland Security 
of the House of Representatives; 
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669 
(C) the Committee on Appropriations of 
the Senate; 
(D) the Committee on Appropriations of 
the House of Representatives; 
(E) the Committee on the Judiciary of the 
Senate; and 
(F) the Committee on the Judiciary of the 
House of Representatives. 
(5) DEFINED TERM.—In this subsection, the 
term ‘‘covered Department officer’’ means any offi-
cer, agent, or employee of United States Customs 
and Border Protection, United States Immigration 
and Customs Enforcement, or the Transportation 
Security Administration. 
SEC. 3306. ENHANCED PENALTIES FOR CERTAIN DRUG OF-
FENSES ON FEDERAL LANDS. 
(a) CULTIVATING OR MANUFACTURING CONTROLLED 
SUBSTANCES
ON
FEDERAL
PROPERTY.—Section 
401(b)(5) of the Controlled Substances Act (21 U.S.C. 
841(b)(5)) is amended by striking ‘‘as provided in this 
subsection’’ and inserting ‘‘for not more than 10 years, 
in addition to any other term of imprisonment imposed 
under this subsection,’’. 
(b) USE OF HAZARDOUS SUBSTANCES.—Pursuant to 
its authority under section 994 of title 28, United States 
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670 
Code, the United States Sentencing Commission shall 
amend the Federal Sentencing Guidelines and policy state-
ments to ensure that the guidelines provide an additional 
penalty increase of 2 offense levels above the sentence oth-
erwise applicable for a violation of section 401(a) of the 
Controlled Substances Act (21 U.S.C. 841(a)) if the of-
fense— 
(1) includes the use of a poison, chemical, or 
other hazardous substance to cultivate or manufac-
ture controlled substances on Federal property; 
(2) creates a hazard to humans, wildlife, or do-
mestic animals; 
(3) degrades or harms the environment or nat-
ural resources; or 
(4) pollutes an aquifer, spring, stream, river, or 
body of water. 
(c) STREAM DIVERSION
OR CLEAR CUTTING
ON 
FEDERAL PROPERTY.— 
(1) PROHIBITION
ON
STREAM
DIVERSION
OR 
CLEAR CUTTING ON FEDERAL PROPERTY.—Section 
401(b) of the Controlled Substances Act is amended 
by adding at the end the following: 
‘‘(8) DESTRUCTION OF BODIES OF WATER.— 
Any person who violates subsection (a) in a manner 
that diverts, redirects, obstructs, or drains an aqui-
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671 
fer, spring, stream, river, or body of water or clear 
cuts timber while cultivating or manufacturing a 
controlled substance on Federal property shall be 
fined in accordance with title 18, United States 
Code.’’. 
(2) FEDERAL
SENTENCING
GUIDELINES
EN-
HANCEMENT.—Pursuant to its authority under sec-
tion 994 of title 28, United States Code, the United 
States Sentencing Commission shall amend the Fed-
eral Sentencing Guidelines and policy statements to 
ensure that the guidelines provide an additional pen-
alty increase of 2 offense levels for above the sen-
tence otherwise applicable for a violation of section 
401(a) of the Controlled Substances Act (21 U.S.C. 
841(a)) if the offense involves the diversion, redirec-
tion, obstruction, or draining of an aquifer, spring, 
stream, river, or body of water or the clear cut of 
timber while cultivating or manufacturing a con-
trolled substance on Federal property. 
(d) BOOBY TRAPS
ON FEDERAL LAND.—Section 
401(d)(1) of the Controlled Substances Act (21 U.S.C. 
841(d)(1)) is amended by inserting ‘‘cultivated,’’ after ‘‘is 
being’’. 
(e) USE OR POSSESSION OF FIREARMS IN CONNEC-
TION WITH DRUG OFFENSES ON FEDERAL LANDS.—Pur-
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672 
suant to its authority under section 994 of title 28, United 
States Code, the United States Sentencing Commission 
shall amend the Federal Sentencing Guidelines and policy 
statements to ensure that the guidelines provide an addi-
tional penalty increase of 2 offense levels above the sen-
tence otherwise applicable for a violation of section 401(a) 
of the Controlled Substances Act (21 U.S.C. 841(a)) if 
the offense involves the possession of a firearm while culti-
vating or manufacturing controlled substances on Federal 
lands. 
Subtitle D—Asylum and Refugee 
Provisions 
SEC. 3401. TIME LIMITS AND EFFICIENT ADJUDICATION OF 
GENUINE ASYLUM CLAIMS. 
Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amend-
ed— 
(1) in subparagraph (A), by inserting ‘‘or the 
Secretary of Homeland Security’’ after ‘‘Attorney 
General’’ both places such term appears; 
(2) by striking subparagraphs (B) and (D); 
(3) by redesignating subparagraph (C) as sub-
paragraph (B); 
(4) in subparagraph (B), as redesignated, by 
striking ‘‘subparagraph (D)’’ and inserting ‘‘sub-
paragraphs (C) and (D)’’; and 
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673 
(5) by inserting after subparagraph (B), as re-
designated, the following: 
‘‘(C) CHANGED
CIRCUMSTANCES.—Not-
withstanding subparagraph (B), an application 
for asylum of an alien may be considered if the 
alien demonstrates, to the satisfaction of the 
Attorney General or the Secretary of Homeland 
Security, 
the 
existence 
of 
changed 
cir-
cumstances that materially affect the appli-
cant’s eligibility for asylum. 
‘‘(D) MOTION TO REOPEN CERTAIN MERI-
TORIOUS
CLAIMS.—Notwithstanding subpara-
graph (B) or section 240(c)(7), an alien may 
file a motion to reopen an asylum claim during 
the 2-year period beginning on the date of the 
enactment of the Border Security, Economic 
Opportunity, and Immigration Modernization 
Act if the alien— 
‘‘(i) was denied asylum based solely 
upon a failure to meet the 1-year applica-
tion filing deadline in effect on the date on 
which the application was filed; 
‘‘(ii) was granted withholding of re-
moval pursuant to section 241(b)(3) and 
has not obtained lawful permanent resi-
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851 
‘‘(II) efforts to promote gender 
equality among students enrolled in 
such courses; 
‘‘(III) faculty development; 
‘‘(IV) stipends for undergraduate 
students participating in research; 
and 
‘‘(V) other activities consistent 
with subparagraph (A), as determined 
by the Secretary of Education; and 
‘‘(ii) to other institutions of higher 
education to partner with the institutions 
described in clause (i) for— 
‘‘(I) faculty and student develop-
ment and exchange; 
‘‘(II) research infrastructure de-
velopment; 
‘‘(III) joint research projects; 
and 
‘‘(IV) identification and develop-
ment of minority and low-income can-
didates 
for 
graduate 
studies 
in 
science, technology, engineering, and 
mathematics degree programs. 
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858 
(A) AMERICAN
DREAM
ACCOUNT.—The 
term ‘‘American Dream Account’’ means a per-
sonal online account for low-income students 
that monitors higher education readiness and 
includes a college savings account. 
(B) APPROPRIATE COMMITTEES OF CON-
GRESS.—The term ‘‘appropriate committees of 
Congress’’ means— 
(i) the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate; 
(ii) the Committee on Appropriations 
of the Senate; 
(iii) the Committee on Finance of the 
Senate; 
(iv) the Committee on Education and 
the Workforce of the House of Representa-
tives; 
(v) the Committee on Appropriations 
of the House of Representatives; 
(vi) the Committee on Ways and 
Means of the House of Representatives; 
and 
(vii) any other committee of the Sen-
ate or House of Representatives that the 
Secretary determines appropriate. 
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859 
(C) COLLEGE
SAVINGS
ACCOUNT.—The 
term ‘‘college savings account’’ means a savings 
account that— 
(i) provides some tax-preferred accu-
mulation; 
(ii) is widely available (such as Quali-
fied Tuition Programs under section 529 
of the Internal Revenue Code of 1986 or 
Coverdell Education Savings Accounts 
under section 530 of the Internal Revenue 
Code of 1986); and 
(iii) contains funds that may be used 
only for the costs associated with attending 
an institution of higher education, includ-
ing— 
(I) tuition and fees; 
(II) room and board; 
(III) textbooks; 
(IV) supplies and equipment; and 
(V) Internet access. 
(D) DUAL ENROLLMENT PROGRAM.—The 
term ‘‘dual enrollment program’’ means an aca-
demic program through which a secondary 
school student is able simultaneously to earn 
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866 
of the Higher Education Act of 1965 
(20 U.S.C. 1090); 
(VI) rates of enrollment in an in-
stitution of higher education; and 
(VII) rates of completion at an 
institution of higher education; 
(xi) a description of what will happen 
to the funds in the college savings account 
portion of the American Dream Accounts 
that are dedicated to participating stu-
dents described in clause (i) who have not 
matriculated at an institution of higher 
education at the time of the conclusion of 
the period of American Dream Account 
management described in clause (viii); 
(xii) a description of how the eligible 
entity will ensure that funds in the college 
savings account portion of the American 
Dream Accounts will not make families in-
eligible for public assistance; and 
(xiii) a description of how the eligible 
entity will ensure that participating stu-
dents described in clause (i) will have ac-
cess to the Internet; 
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889 
‘‘(3)(A) The term ‘H–1B-dependent employer’ means 
an employer (other than nonprofit education and research 
institutions) that— 
‘‘(i) in the case of an employer that has 25 or 
fewer full-time equivalent employees who are em-
ployed in the United States, employs more than 7 
H–1B nonimmigrants; 
‘‘(ii) in the case of an employer that has at 
least 26 but not more than 50 full-time equivalent 
employees who are employed in the United States, 
employs more than 12 H–1B nonimmigrants; or 
‘‘(iii) in the case of an employer that has at 
least 51 full-time equivalent employees who are em-
ployed in the United States, employs H–1B non-
immigrants in a number that is equal to at least 15 
percent of the number of such full-time equivalent 
employees. 
‘‘(B) In determining the number of employees who 
are H–1B nonimmigrants under subparagraph (A)(ii), an 
intending immigrant employee shall not count toward such 
number.’’. 
(f) H–1B SKILLED
WORKER
DEPENDENT
DE-
FINED.—Section 212(n)(3) (8 U.S.C. 1182(n)(3)) is 
amended— 
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