2522 
the Senate and the Committee on Foreign Affairs of the 
House of Representatives. 
SEC. 104. STATEMENT OF POLICY. 
It is the policy of the United States— 
(1) to expand and strengthen the Abraham Ac-
cords to encourage other nations to normalize rela-
tions with Israel and ensure that existing agreements 
reap tangible security and economic benefits for the 
citizens of those countries; 
(2) to develop and implement a regional strategy 
to encourage economic cooperation between and 
among Israel, Arab states, and the Palestinians to en-
hance the prospects for peace, respect for human 
rights, transparent governance, and for cooperation to 
address water scarcity, climate solutions, health care, 
sustainable development, and other areas that result 
in benefits for residents of those countries and regions; 
(3) to develop and implement a regional security 
strategy that recognizes the shared threat posed by 
Iran and violent extremist organizations, ensures suf-
ficient United States deterrence in the region, builds 
partner capacity to address shared threats, and ex-
plores 
multilateral 
security 
arrangements 
built 
around like-minded partners;
2523 
(4) to support and encourage government-to-gov-
ernment and grassroots initiatives aimed at normal-
izing ties with the state of Israel and promoting peo-
ple-to-people contact between Israelis, Arabs, and resi-
dents of other relevant countries and regions, includ-
ing by expanding and enhancing the Abraham Ac-
cords; 
(5) to support a negotiated solution to the 
Israeli-Palestinian conflict resulting in two states liv-
ing side by side in peace, security, and mutual rec-
ognition; 
(6) to implement the Nita M. Lowey Middle East 
Partnership for Peace Act (title VIII of division K of 
Public Law 116–260), which will support economic 
development and peacebuilding efforts among Israelis 
and Palestinians, in a manner which encourages re-
gional allies to become international donors to these 
efforts; 
(7) to oppose efforts to delegitimize the state of 
Israel and legal barriers to normalization with Israel; 
and 
(8) to work to combat anti-Semitism and sup-
port normalization with Israel, including by coun-
tering anti-Semitic narratives on social media and
2524 
state media and pressing for curricula reform in edu-
cation. 
SEC. 105. UNITED STATES STRATEGY TO STRENGTHEN AND 
EXPAND 
THE 
ABRAHAM 
ACCORDS 
AND 
OTHER RELATED NORMALIZATION AGREE-
MENTS WITH ISRAEL. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, and annually thereafter, 
the Secretary of State, in consultation with the Adminis-
trator of the United States Agency for International Devel-
opment and the heads of other appropriate Federal depart-
ments and agencies, shall develop and submit to the appro-
priate congressional committees a strategy on expanding 
and strengthening the Abraham Accords. 
(b) ELEMENTS.—The strategy required under sub-
section (a) shall include the following elements: 
(1) An assessment of future staffing and 
resourcing requirements of entities within the Depart-
ment of State, the United States Agency for Inter-
national Development, and other appropriate Federal 
departments and agencies with responsibility to co-
ordinate United States efforts to expand and strength-
en the Abraham Accords. 
(2) An assessment of opportunities to further 
promote bilateral and multilateral cooperation be-
2525 
tween Israel, Arab states, and other relevant countries 
and in the economic, social, cultural, scientific, tech-
nical, educational, and health fields and an assess-
ment of roadblocks to increased cooperation. 
(3) An assessment of bilateral and multilateral 
security cooperation between Israel, the United States, 
Arab states, and other relevant countries and regions 
that have normalized relations with Israel, including 
an assessment of potential roadblocks to increased se-
curity cooperation, interoperability, and information 
sharing. 
(4) An assessment of the likelihood of additional 
Arab and other relevant countries and regions to nor-
malize relations with Israel. 
(5) An assessment of opportunities created by 
normalization agreements with Israel to advance 
prospects for peace between Israelis and Palestinians 
(6) A detailed description of how the United 
States Government will leverage diplomatic lines of 
effort and resources from other stakeholders (including 
from foreign governments, international donors, and 
multilateral institutions) to encourage normalization, 
economic development, and people-to-people program-
ming.
2526 
(7) Identification of existing investment funds 
that support Israel-Arab state cooperation and rec-
ommendations for how such funds could be used to 
support normalization and increase prosperity for all 
relevant stakeholders. 
(8) A proposal for how the United States Gov-
ernment and others can utilize the scholars and Ara-
bic language resources of the United States Holocaust 
Museum to counter Holocaust denial and anti-Semi-
tism. 
(9) An assessment for creating an Abrahamic 
Center for Pluralism to prepare educational mate-
rials, convene international seminars, promote toler-
ance and pluralism, and bring together scholars as a 
means of advancing religious tolerance and coun-
tering political and religious extremism. 
(10) Recommendations to improve Department 
of State cooperation and coordination, particularly 
between the Special Envoy to Monitor Anti-Semitism 
and the Ambassador at Large for International Reli-
gious Freedom, and the Office of International Reli-
gious Freedom, to combat racism, xenophobia, 
Islamophobia, and anti-Semitism, which hinder im-
provement of relations between Israel, Arab states, 
and other relevant countries and regions.
2527 
(11) An assessment on the value and feasibility 
of Federal support for inter-parliamentary exchange 
programs for Members of Congress, Knesset, and par-
liamentarians from Arab and other relevant countries 
and regions, including through existing Federal pro-
grams that support such exchanges. 
(c) FORM.—The report required under subsection (a) 
shall be in unclassified form but may contain a classified 
annex. 
SEC. 106. BREAKING DOWN BARRIERS TO NORMALIZATION 
WITH ISRAEL. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Strengthening Reporting of Actions Taken Against the 
Normalization of Relations with Israel Act of 2022’’. 
(b) FINDINGS.—Congress makes the following findings: 
(1) The Arab League, an organization com-
prising 22 Middle Eastern and African countries and 
entities, has maintained an official boycott of Israeli 
companies and Israeli-made goods since the founding 
of Israel in 1948. 
(2) Longstanding United States policy has en-
couraged Arab League states to normalize their rela-
tions with Israel and has long prioritized funding co-
operative programs that promote normalization be-
tween Arab League States and Israel, including the
2528 
Middle East Regional Cooperation program, which 
promotes Arab-Israeli scientific cooperation. 
(3) While some Arab League governments are 
signaling enhanced cooperation with the state of 
Israel on the government-to-government level, most 
continue to persecute their own citizens who establish 
people-to-people relations with Israelis in nongovern-
mental fora, through a combination of judicial and 
extrajudicial retribution. 
(4) Some Arab League states maintain draco-
nian anti-normalization laws that punish their citi-
zens for people-to-people relations with Israelis, with 
punishments, including imprisonment, revocation of 
citizenship, and execution. Extrajudicial punishments 
by these and other Arab states include summary im-
prisonment, accusations of ‘‘treason’’ in government- 
controlled media, and professional blacklisting. 
(5) Anti-normalization laws, together with the 
other forms of retribution, effectively condemn these 
societies to mutual estrangement and, by extension, 
reduce the possibility of conciliation and compromise. 
(6) Former Israeli President Shimon Peres said 
in 2008 at the United Nations that Israel agrees with 
the Arab Peace Initiative that a military solution to
2529 
the conflict ‘‘will not achieve peace or provide security 
for the parties’’. 
(7) Despite the risk of retaliatory action, a ris-
ing tide of Arab civic actors advocate direct engage-
ment with Israeli citizens and residents. These in-
clude the Arab Council for Regional Integration, a 
group of 32 public figures from 15 Arab countries 
who oppose the boycott of Israel on the grounds that 
the boycott has denied Arabs the benefits of partner-
ship with Israelis, has blocked Arabs from helping to 
bridge the Israeli-Palestinian divide, and inspired di-
visive intra-Arab boycotts among diverse sects and 
ethnic groups. 
(8) On February 11, 2020, a delegation of the 
Arab Council to the French National Assembly in 
Paris testified to the harmful effects of ‘‘anti-normal-
ization laws’’, called on the Assembly to enact a law 
instructing the relevant French authorities to issue an 
annual report on instances of Arab government ret-
ribution for any of their citizens or residents who call 
for peace with Israel or engage in direct civil rela-
tions with Israeli citizens, and requested democratic 
legislatures to help defend the region’s civil peace-
makers.
2530 
(9) On May 11, 2020, 85 leaders in France pub-
lished an endorsement of the Arab Council’s proposal, 
calling on France and other democratic governments 
to ‘‘protect Arabs who engage in dialogue with Israeli 
citizens’’ and proposing ‘‘the creation of a study 
group in the National Assembly as well as in the Sen-
ate whose mission would be to ensure a legal and 
technical monitoring of the obstacles which Arab pro-
ponents of dialogue with Israelis face’’. 
(10) Arab-Israeli cooperation provides signifi-
cant symbiotic benefit to the security and economic 
prosperity of the region. 
(c) ADDITIONAL REPORTING.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, and annually 
thereafter for 5 years, the Secretary of State shall sub-
mit to the appropriate congressional committees a re-
port on the status of efforts to promote normalization 
of relations with Israel and other countries . 
(2) ELEMENTS.—The report required under 
paragraph (1) shall include the following informa-
tion: 
(A) The status of ‘‘anti-normalization laws’’ 
in countries comprising the Arab League, includ-
ing efforts within each country to sharpen exist-
2531 
ing laws, enact new or additional ‘‘anti-normal-
ization legislation’’, or repeal such laws. 
(B) Instances of the use of state-owned or 
state-operated media outlets to promote anti-Se-
mitic propaganda, the prosecution of citizens or 
residents of Arab countries for calling for peace 
with Israel, visiting the state of Israel, or engag-
ing Israeli citizens in any way. 
(C) Instances of extrajudicial retribution by 
Arab governments or government-controlled in-
stitutions against citizens or residents of Arab 
countries for any of the same actions referred to 
in subparagraph (B). 
SEC. 107. SUNSET. 
This division shall cease to be effective on the date that 
is 5 years after the date of the enactment of this Act. 
DIVISION 
AA—TRANS-SAHARA 
COUNTERTERRORISM 
PART-
NERSHIP PROGRAM 
SEC. 101. SHORT TITLE. 
This division may be cited as the Trans-Sahara 
Counterterrorism Partnership Program Act of 2022. 
SEC. 102. SENSE OF CONGRESS. 
It is the sense of Congress that—
2532 
(1) terrorist and violent extremist organizations, 
such as Al Qaeda in the Islamic Maghreb, Boko 
Haram, the Islamic State of West Africa, and other 
affiliated groups, have killed tens of thousands of in-
nocent civilians, displaced populations, destabilized 
local and national governments, and caused mass 
human suffering in the affected communities; 
(2) poor governance, political and economic 
marginalization, and lack of accountability for 
human rights abuses by security forces are drivers of 
extremism; 
(3) it is in the national security interest of the 
United States— 
(A) to combat the spread of terrorism and 
violent extremism; and 
(B) to build the capacity of partner coun-
tries to combat such threats in Africa; 
(4) terrorist and violent extremist organizations 
exploit vulnerable and marginalized communities suf-
fering from poverty, lack of economic opportunity 
(particularly among youth populations), corruption, 
and weak governance; and 
(5) a comprehensive, coordinated, interagency 
approach is needed to develop an effective strategy—
2533 
(A) to address the security challenges in the 
Sahel-Maghreb; 
(B) to appropriately allocate resources and 
de-conflict programs; and 
(C) to maximize the effectiveness of United 
States defense, diplomatic, and development ca-
pabilities. 
SEC. 103. STATEMENT OF POLICY. 
It is the policy of the United States to assist countries 
in North Africa and West Africa, and other allies and part-
ners that are active in those regions, in combating terrorism 
and violent extremism through a coordinated, interagency 
approach with a consistent strategy that appropriately bal-
ances security activities with diplomatic and development 
efforts to address the political, socioeconomic, governance, 
and development challenges in North Africa and West Afri-
ca that contribute to terrorism and violent extremism. 
SEC. 104. TRANS-SAHARA COUNTERTERRORISM PARTNER-
SHIP PROGRAM. 
(a) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Foreign Relations of the 
Senate;
2534 
(2) the Committee on Armed Services of the Sen-
ate; 
(3) the Committee on Appropriations of the Sen-
ate; 
(4) the Select Committee on Intelligence of the 
Senate; 
(5) the Committee on Foreign Affairs of the 
House of Representatives; 
(6) the Committee on Armed Services of the 
House of Representatives; 
(7) the Committee on Appropriations of the 
House of Representatives; and 
(8) the Permanent Select Committee on Intel-
ligence of the House of Representatives. 
(b) IN GENERAL.— 
(1) ESTABLISHMENT.—The President shall estab-
lish a partnership program, which shall be known as 
the ‘‘Trans-Sahara Counterterrorism Partnership 
Program’’ (referred to in this section as the ‘‘Pro-
gram’’), to coordinate the programs, projects, and ac-
tivities of the Program in countries in North Africa 
and West Africa that are conducted— 
(A) to improve governance and the capac-
ities of countries in North Africa and West Afri-
ca to deliver basic services, particularly to at-
2535 
risk communities, as a means of countering ter-
rorism and violent extremism by enhancing state 
legitimacy and authority and countering corrup-
tion; 
(B) to address the factors that make people 
and communities vulnerable to recruitment by 
terrorist and violent extremist organizations, in-
cluding economic vulnerability and mistrust of 
government and government security forces, 
through activities such as— 
(i) supporting strategies that increase 
youth employment opportunities; 
(ii) promoting girls’ education and 
women’s political participation; 
(iii) strengthening local governance 
and civil society capacity; 
(iv) 
improving 
government 
trans-
parency and accountability; 
(v) fighting corruption; 
(vi) improving access to economic op-
portunities; and 
(vii) other development activities nec-
essary to support community resilience; 
(C) to strengthen the rule of law in such 
countries, including by enhancing the capability
2536 
of the judicial institutions to independently, 
transparently, and credibly deter, investigate, 
and prosecute acts of terrorism and violent extre-
mism; 
(D) to improve the ability of military and 
law enforcement entities in partner countries— 
(i) to detect, disrupt, respond to, and 
prosecute violent extremist and terrorist ac-
tivity, while respecting human rights; and 
(ii) to cooperate with the United States 
and other partner countries on counterter-
rorism and counter-extremism efforts; 
(E) to enhance the border security capacity 
of partner countries, including the ability to 
monitor, detain, and interdict terrorists; 
(F) to identify, monitor, disrupt, and 
counter the human capital and financing pipe-
lines of terrorism; or 
(G) to support the free expression and oper-
ations of independent, local-language media, 
particularly in rural areas, while countering the 
media operations and recruitment propaganda 
of terrorist and violent extremist organizations. 
(2) ASSISTANCE FRAMEWORK.—Program activi-
ties shall—
2537 
(A) be carried out in countries in which the 
President— 
(i) determines that there is an ade-
quate level of partner country commitment; 
and 
(ii) has considered partner country 
needs, absorptive capacity, sustainment ca-
pacity, and efforts of other donors in the 
sector; 
(B) have clearly defined outcomes; 
(C) be closely coordinated among relevant 
participating departments and agencies; 
(D) have specific plans with robust indica-
tors to regularly monitor and evaluate outcomes 
and impact; 
(E) complement and enhance efforts to pro-
mote democratic governance, the rule of law, 
human rights, and economic growth; 
(F) in the case of train and equip pro-
grams, complement longer-term security sector 
institution-building; and 
(G) have mechanisms in place to track re-
sources and routinely monitor and evaluate the 
efficacy of relevant programs.
2538 
(3) CONGRESSIONAL
NOTIFICATION.—Not later 
than 15 days before obligating amounts for an activ-
ity conducted pursuant to the Program under para-
graph (1), the Secretary of State shall notify the ap-
propriate congressional committees, in accordance 
with section 634A of the Foreign Assistance Act of 
1961 (22 U.S.C. 2394–1), of— 
(A) the foreign country and entity, as ap-
plicable, whose capabilities are to be enhanced in 
accordance with the purposes described in para-
graph (1); 
(B) the amount, type, and purpose of sup-
port to be provided; 
(C) the absorptive capacity of the foreign 
country to effectively implement the assistance to 
be provided; 
(D) the extent to which state security forces 
of the foreign country have been implicated in 
gross violations of human rights and the risk 
that obligated funds may be used to perpetrate 
further abuses; 
(E) 
the 
anticipated 
implementation 
timeline for the activity; and 
(F) the plans to sustain any military or se-
curity equipment provided beyond the comple-
2539 
tion date of such activity, if applicable, and the 
estimated cost and source of funds to support 
such sustainment. 
(4) EXCEPTION.—The requirement under para-
graph (1) does not apply to activities conducted by 
the Department of Defense pursuant to title 10, 
United States Code. 
(c) INTERNATIONAL COORDINATION.—Efforts carried 
out under this section— 
(1) shall take into account partner country 
counterterrorism, counter-extremism, and development 
strategies; 
(2) shall be aligned with such strategies, to the 
extent practicable; and 
(3) shall be coordinated with counterterrorism 
and counter-extremism activities and programs in the 
areas of defense, diplomacy, and development carried 
out by other like-minded donors and international or-
ganizations in the relevant country. 
(d) STRATEGIES.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the President 
and other relevant Federal Government agencies, shall 
submit the strategies described in paragraphs (2) and 
(3) to the appropriate congressional committees.
2540 
(2) COMPREHENSIVE, 5-YEAR
STRATEGY
FOR 
THE SAHEL-MAGHREB.—The President shall develop a 
comprehensive, 5-year strategy for the Sahel-Maghreb, 
including details related to interagency efforts con-
ducted pursuant to the Program in the areas of secu-
rity, diplomacy, and development to advance the na-
tional security, economic, and humanitarian interests 
of the United States, including— 
(A) efforts to ensure coordination with mul-
tilateral and bilateral partners, such as the Joint 
Force of the Group of Five of the Sahel, and with 
other relevant assistance frameworks; 
(B) a public diplomacy strategy and ac-
tions to ensure that populations in the Sahel- 
Maghreb are aware of the development activities 
of the United States Government, especially in 
countries with a significant United States Gov-
ernment presence or engagement through train 
and equip programs; 
(C) activities aimed at supporting demo-
cratic institutions and countering violent extre-
mism with measurable goals and transparent 
benchmarks; 
(D) plans to help each partner country ad-
dress humanitarian and development needs and
2541 
to help prevent, respond to, and mitigate inter-
communal violence; 
(E) a comprehensive plan to support secu-
rity sector reform in each partner country that 
includes a detailed section on programs and ac-
tivities being undertaken by relevant stakeholders 
and other international actors operating in the 
sector; and 
(F) a specific strategy for Mali that in-
cludes plans for sustained, high-level diplomatic 
engagement with stakeholders, including coun-
tries in Europe and the Middle East with inter-
ests in the Sahel-Maghreb, regional governments, 
relevant multilateral organizations, signatory 
groups of the Agreement for Peace and Reconcili-
ation in Mali, done in Algiers July 24, 2014, 
and civil society actors. 
(3) COMPREHENSIVE 5-YEAR STRATEGY FOR PRO-
GRAM COUNTERTERRORISM EFFORTS.—The President 
shall develop a comprehensive 5-year strategy for the 
Program that includes— 
(A) a clear statement of the objectives of 
United States counterterrorism efforts in North 
Africa and West Africa with respect to the use
2542 
of assistance to combat terrorism and counter 
violent extremism, including efforts— 
(i) to build military and civilian law 
enforcement capacity; 
(ii) to strengthen the rule of law; 
(iii) to promote responsive and ac-
countable governance; and 
(iv) to address the root causes of ter-
rorism and violent extremism; 
(B) a plan for coordinating programs 
through the Program pursuant to subsection 
(b)(1), including identifying the agency or bu-
reau of the Department of State, as applicable, 
that will be responsible for leading and coordi-
nating each such program; 
(C) a plan to monitor, evaluate, and share 
data and learning about the Program in accord-
ance with monitoring and evaluation provisions 
under sections 3 and 4 of the Foreign Aid Trans-
parency and Accountability Act of 2016 (22 
U.S.C. 2394c note and 2394c); and 
(D) a plan for ensuring coordination and 
compliance with related requirements in United 
States law, including the Global Fragility Act of 
2019 (22 U.S.C. 9801 et seq.).
2543 
(4) CONSULTATION.—Not later than 90 days 
after the date of the enactment of this Act, the Sec-
retary of State shall consult with the appropriate con-
gressional committees regarding the progress made to-
wards developing the strategies required under para-
graphs (2) and (3). 
(e) SUPPORTING MATERIAL IN ANNUAL BUDGET RE-
QUEST.— 
(1) IN GENERAL.—The Secretary of State shall 
include a description of the requirements, activities, 
and planned allocation of amounts requested by the 
Program in the budget materials submitted to Con-
gress in support of the President’s annual budget re-
quest pursuant to section 1105 of title 31, United 
States Code, for each fiscal year beginning after the 
date of the enactment of this Act and annually there-
after for the following 5 years. 
(2) EXCEPTION.—The requirement under para-
graph (1) shall not apply to activities of the Depart-
ment of Defense conducted pursuant to authorities 
under title 10, United States Code. 
(f) MONITORING AND EVALUATION OF PROGRAMS AND 
ACTIVITIES.—Not later than 1 year after the date of the 
enactment of this Act, and annually thereafter for the fol-
2544 
lowing 5 years, the President shall submit a report to the 
appropriate congressional committees that describes— 
(1) the progress made in meeting the objectives 
of the strategies required under paragraphs (2) and 
(3) of subsection (d), including any lessons learned in 
carrying out Program activities and any rec-
ommendations for improving such programs and ac-
tivities; 
(2) the efforts taken to coordinate, de-conflict, 
and streamline Program activities to maximize re-
source effectiveness; 
(3) the extent to which each partner country has 
demonstrated the ability to absorb the equipment or 
training provided in the previous year under the Pro-
gram, and as applicable, the ability to maintain and 
appropriately utilize such equipment; 
(4) the extent to which each partner country is 
investing its own resources to advance the goals de-
scribed in subsection (b)(1) or is demonstrating a 
commitment and willingness to cooperate with the 
United States to advance such goals; 
(5) the actions taken by the government of each 
partner country receiving assistance under the Pro-
gram to combat corruption, improve transparency
2545 
and accountability, and promote other forms of demo-
cratic governance; 
(6) the extent to which state security forces in 
each partner country have been implicated in gross 
violations of human rights during the reporting pe-
riod, including how such gross violations of human 
rights have been addressed and or will be addressed 
through Program activities; 
(7) the assistance provided in each of the 3 pre-
ceding fiscal years under the Program, broken down 
by partner country, including the type, statutory au-
thorization, and purpose of assistance provided to the 
country; and 
(8) any changes or updates to the Comprehensive 
5-Year Strategy for the Program required under sub-
section (d)(3) necessitated by the findings in this an-
nual report. 
(g) REPORTING REQUIREMENT RELATED TO AUDIT OF 
BUREAU OF AFRICAN AFFAIRS MONITORING AND COORDI-
NATION
OF
THE
TRANS-SAHARA
COUNTERTERRORISM 
PARTNERSHIP PROGRAM.—Not later than 90 days after the 
date of the enactment of this Act, and every 120 days there-
after until the earlier of the date on which all 13 rec-
ommendations in the September 2020 Department of State 
Office of Inspector General audit entitled ‘‘Audit of the De-
2546 
partment of State Bureau of African Affairs Monitoring 
and Coordination of the Trans-Sahara Counterterrorism 
Partnership Program’’ (AUD–MERO–20–42) are closed or 
the date that is 3 years after the date of the enactment of 
this Act, the Secretary of State shall submit a report to 
the appropriate congressional committees that identifies— 
(1) which of the 13 recommendations in AUD– 
MERO–20–42 have not been closed; 
(2) a description of progress made since the last 
report toward closing each recommendation identified 
under paragraph (1); 
(3) additional resources needed, including assess-
ment of staffing capacity, if any, to complete action 
required to close each recommendation identified 
under paragraph (1); and 
(4) the anticipated timeline for completion of ac-
tion required to close each recommendation identified 
under paragraph (1), including application of all rec-
ommendations into all existing security assistance 
programs managed by the Department of State under 
the Program. 
(h) PROGRAM ADMINISTRATION.—Not later than 120 
days after the date of the enactment of this Act, the Sec-
retary of State shall submit a report to Congress that de-
scribes plans for conducting a written review of a represent-
2547 
ative sample of each of the security assistance programs ad-
ministered by the Bureau of African Affairs that— 
(1) identifies potential waste, fraud, abuse, inef-
ficiencies, or deficiencies; and 
(2) includes an analysis of staff capacity, in-
cluding human resource needs, available resources, 
procedural guidance, and monitoring and evaluation 
processes to ensure that the Bureau of African Affairs 
is managing programs efficiently and effectively. 
(i) FORM.—The strategies required under paragraphs 
(2) and (3) of subsection (d) and the report required under 
subsection (f) shall be submitted in unclassified form, but 
may include a classified annex. 
SEC. 105. RULE OF CONSTRUCTION. 
Nothing in this division may be construed as author-
izing the use of military force. 
DIVISION BB—EB–5 REFORM AND 
INTEGRITY ACT OF 2022 
SEC. 101. SHORT TITLE. 
This division may be cited as the ‘‘EB–5 Reform and 
Integrity Act of 2022’’. 
SEC. 102. EB–5 VISA REFORMS. 
(a) EMPLOYMENT CREATION.—Section 203(b)(5) of the 
Immigration and Nationality Act (8 U.S.C. 1153(b)(5)) is 
amended—
2548 
(1) in subparagraph (A)— 
(A) in clause (i), by striking ‘‘(C), and’’ 
and inserting ‘‘(C) and which is expected to re-
main invested for not less than 2 years; and’’; 
and 
(B) in clause (ii)— 
(i) by striking ‘‘and create’’ and in-
serting ‘‘by creating’’; and 
(ii) by inserting ‘‘, United States na-
tionals,’’ after ‘‘citizens’’; 
(2) by amending subparagraph (B) to read as 
follows: 
‘‘(B) 
DESIGNATIONS
AND
RESERVED 
VISAS.— 
‘‘(i) RESERVED VISAS.— 
‘‘(I) IN GENERAL.—Of the visas 
made available under this paragraph 
in each fiscal year— 
‘‘(aa) 20 percent shall be re-
served for qualified immigrants 
who invest in a rural area; 
‘‘(bb) 10 percent shall be re-
served for qualified immigrants 
who invest in an area designated 
by the Secretary of Homeland Se-
2549 
curity under clause (ii) as a high 
unemployment area; and 
‘‘(cc) 2 percent shall be re-
served for qualified immigrants 
who 
invest 
in 
infrastructure 
projects. 
‘‘(II) UNUSED VISAS.— 
‘‘(aa) CARRYOVER.—At the 
end of each fiscal year, any un-
used visas reserved for qualified 
immigrants investing in each of 
the categories described in items 
(aa) through (cc) of subclause (I) 
shall remain available within the 
same category for the immediately 
succeeding fiscal year. 
‘‘(bb) 
GENERAL
AVAIL-
ABILITY.—Visas 
described 
in 
items (aa) through (cc) of sub-
clause (I) that are not issued by 
the end of the succeeding fiscal 
year referred to in item (aa) shall 
be made available to qualified im-
migrants described under sub-
paragraph (A).
2550 
‘‘(ii) DESIGNATION
OF
HIGH
UNEM-
PLOYMENT AREA.— 
‘‘(I) IN GENERAL.—The Secretary 
of Homeland Security, or a designee of 
the Secretary who is an employee of 
the Department of Homeland Security, 
may designate, as a high unemploy-
ment area, a census tract, or contig-
uous census tracts, in which— 
‘‘(aa) the new commercial 
enterprise is principally doing 
business; and 
‘‘(bb) the weighted average of 
the unemployment rate for the 
census tracts, based on the labor 
force employment measure for 
each applicable census tract and 
any adjacent tract included under 
subclause (III), is not less than 
150 percent of the national aver-
age unemployment rate. 
‘‘(II) PROHIBITION ON DESIGNA-
TION BY ANY OTHER OFFICIAL.—A tar-
geted employment area may not be des-
2551 
ignated as a high unemployment area 
by— 
‘‘(aa) a Federal official other 
than the Secretary of Homeland 
Security or a designee of the Sec-
retary; or 
‘‘(bb) any official of a State 
or local government. 
‘‘(III) INCLUSION.—In making a 
designation under subclause (I), the 
Secretary of Homeland Security may 
include a census tract directly adjacent 
to a census tract or contiguous census 
tracts described in that subclause. 
‘‘(IV) DURATION.— 
‘‘(aa) IN GENERAL.—A des-
ignation under this clause shall be 
in effect for the 2-year period be-
ginning on— 
‘‘(AA) the date on which 
an application under sub-
paragraph (F) is filed; or 
‘‘(BB) in the case of an 
alien who is not subject to
2552 
subparagraph (F), at the 
time of investment. 
‘‘(bb) RENEWAL.—A designa-
tion under this clause may be re-
newed for 1 or more additional 2- 
year periods if the applicable area 
continues to meet the criteria de-
scribed in subclause (I). 
‘‘(V) 
ADDITIONAL
INVESTMENT 
NOT REQUIRED.—An immigrant inves-
tor who has invested the amount of 
capital required by subparagraph (C) 
in a targeted employment area des-
ignated as a high unemployment area 
during the period in which the area is 
so designated shall not be required to 
increase the amount of investment due 
to the expiration of the designation. 
‘‘(iii) INFRASTRUCTURE PROJECTS.— 
‘‘(I) IN GENERAL.—The Secretary 
of Homeland Security shall determine 
whether a specific capital investment 
project meets the definition of ‘infra-
structure project’ set forth in subpara-
graph (D)(iv).
2553 
‘‘(II) PROHIBITION ON DESIGNA-
TION BY ANY OTHER OFFICIAL.—A de-
termination under subclause (I) may 
not be made by— 
‘‘(aa) a Federal official other 
than the Secretary of Homeland 
Security or a designee of the Sec-
retary; or 
‘‘(bb) any official of a State 
or local government.’’; 
(3) in subparagraph (C)— 
(A) in clause (i), by striking ‘‘$1,000,000’’ 
and all that follows through ‘‘previous sentence’’ 
and inserting ‘‘$1,050,000’’; 
(B) by amending clause (ii) to read as fol-
lows: 
‘‘(ii) ADJUSTMENT FOR TARGETED EM-
PLOYMENT
AREAS
AND
INFRASTRUCTURE 
PROJECTS.—The amount of capital required 
under subparagraph (A) for an investment 
in a targeted employment area or in an in-
frastructure project shall be $800,000.’’; 
(C) by redesignating clause (iii) as clause 
(iv);
2554 
(D) by inserting after clause (ii) the fol-
lowing: 
‘‘(iii) AUTOMATIC
ADJUSTMENT
IN 
MINIMUM INVESTMENT AMOUNT.— 
‘‘(I) IN GENERAL.—Beginning on 
January 1, 2027, and every 5 years 
thereafter, the amount in clause (i) 
shall automatically adjust for petitions 
filed on or after the effective date of 
each adjustment, based on the cumu-
lative annual percentage change in the 
unadjusted consumer price index for 
all urban consumers (all items; U.S. 
city average) reported by the Bureau of 
Labor Statistics between January 1, 
2022, and the date of adjustment. The 
qualifying investment amounts shall be 
rounded down to the nearest $50,000. 
The Secretary of Homeland Security 
shall update such amounts by publica-
tion of a technical amendment in the 
Federal Register. 
‘‘(II) Beginning on January 1, 
2027, and every 5 years thereafter, the 
amount in clause (ii) shall automati-
2555 
cally adjust for petitions filed on or 
after the effective date of each adjust-
ment, to be equal to 75 percent of the 
standard investment amount under 
subclause (I).’’; and 
(E) in clause (iv), as redesignated, in the 
undesignated matter following subclause (II)— 
(i) by striking ‘‘Attorney General’’ and 
inserting ‘‘Secretary of Homeland Secu-
rity’’; and 
(ii) by inserting ‘‘, as adjusted under 
clause (iii)’’ before the period at the end; 
and 
(4) by amending subparagraph (D) to read as 
follows: 
‘‘(D) DEFINITIONS.—In this paragraph: 
‘‘(i) AFFILIATED JOB-CREATING ENTI-
TY.—The term ‘affiliated job-creating enti-
ty’ means any job-creating entity that is 
controlled, managed, or owned by any of the 
people involved with the regional center or 
new commercial enterprise under section 
203(b)(5)(H)(v). 
‘‘(ii) CAPITAL.—The term ‘capital’—
2556 
‘‘(I) means cash and all real, per-
sonal, or mixed tangible assets owned 
and controlled by the alien investor, or 
held in trust for the benefit of the alien 
and to which the alien has unrestricted 
access; 
‘‘(II) shall be valued at fair mar-
ket value in United States dollars, in 
accordance with Generally Accepted 
Accounting Principles or other stand-
ard accounting practice adopted by the 
Securities and Exchange Commission, 
at the time it is invested under this 
paragraph; 
‘‘(III) does not include— 
‘‘(aa) assets directly or indi-
rectly 
acquired 
by 
unlawful 
means, including any cash pro-
ceeds of indebtedness secured by 
such assets; 
‘‘(bb) capital invested in ex-
change for a note, bond, convert-
ible debt, obligation, or any other 
debt arrangement between the
2557 
alien investor and the new com-
mercial enterprise; 
‘‘(cc) capital invested with a 
guaranteed rate of return on the 
amount invested by the alien in-
vestor; or 
‘‘(dd) except as provided in 
subclause (IV), capital invested 
that is subject to any agreement 
between the alien investor and the 
new commercial enterprise that 
provides the investor with a con-
tractual right to repayment, such 
as a mandatory redemption at a 
certain time or upon the occur-
rence of a certain event, or a put 
or sell-back option held by the 
alien investor, even if such con-
tractual right is contingent on the 
success of the new commercial en-
terprise, such as having sufficient 
available cash flow; and 
‘‘(IV) includes capital invested 
that—
2558 
‘‘(aa) is subject to a buy back 
option that may be exercised sole-
ly at the discretion of the new 
commercial enterprise; and 
‘‘(bb) results in the alien in-
vestor withdrawing his or her pe-
tition unless the alien investor has 
fulfilled his or her sustainment 
period and other requirements 
under this paragraph. 
‘‘(iii) CERTIFIER.—The term ‘certifier’ 
means a person in a position of substantive 
authority for the management or operations 
of a regional center, new commercial enter-
prise, affiliated job-creating entity, or issuer 
of securities, such as a principal executive 
officer or principal financial officer, with 
knowledge of such entities’ policies and pro-
cedures related to compliance with the re-
quirements under this paragraph. 
‘‘(iv) INFRASTRUCTURE
PROJECT.— 
The term ‘infrastructure project’ means a 
capital investment project in a filed or ap-
proved business plan, which is administered 
by a governmental entity (such as a Fed-
2559 
eral, State, or local agency or authority) 
that is the job-creating entity contracting 
with a regional center or new commercial 
enterprise to receive capital investment 
under the regional center program described 
in subparagraph (E) from alien investors or 
the new commercial enterprise as financing 
for maintaining, improving, or constructing 
a public works project. 
‘‘(v) JOB-CREATING ENTITY.—The term 
‘job-creating entity’ means any organiza-
tion formed in the United States for the on-
going conduct of lawful business, including 
sole proprietorship, partnership (whether 
limited or general), corporation, limited li-
ability company, business trust, or other en-
tity, which may be publicly or privately 
owned, including an entity consisting of a 
holding company and its wholly owned sub-
sidiaries or affiliates (provided that each 
subsidiary or affiliate is engaged in an ac-
tivity formed for the ongoing conduct of a 
lawful business) that receives, or is estab-
lished to receive, capital investment from 
alien investors or a new commercial enter-
2560 
prise under the regional center program de-
scribed in this subparagraph and which is 
responsible for creating jobs to satisfy the 
requirement under subparagraph (A)(ii). 
‘‘(vi) 
NEW
COMMERCIAL
ENTER-
PRISE.—The term ‘new commercial enter-
prise’ means any for-profit organization 
formed in the United States for the ongoing 
conduct of lawful business, including sole 
proprietorship, partnership (whether lim-
ited or general), holding company and its 
wholly owned subsidiaries (provided that 
each subsidiary is engaged in a for-profit 
activity formed for the ongoing conduct of a 
lawful business), joint venture, corporation, 
business trust, limited liability company, or 
other entity (which may be publicly or pri-
vately owned) that receives, or is established 
to receive, capital investment from investors 
under this paragraph. 
‘‘(vii) RURAL AREA.—The term ‘rural 
area’ means any area other than an area 
within a metropolitan statistical area (as 
designated by the Director of the Office of 
Management and Budget) or within the
2561 
outer boundary of any city or town having 
a population of 20,000 or more (based on 
the most recent decennial census of the 
United States). 
‘‘(viii) 
TARGETED
EMPLOYMENT 
AREA.—The term ‘targeted employment 
area’ means, at the time of investment, a 
rural area or an area designated by the 
Secretary of Homeland Security under sub-
paragraph (B)(ii) as a high unemployment 
area.’’. 
(b) AGE DETERMINATION FOR CHILDREN OF ALIEN 
INVESTORS.—Section 203(h) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(h)) is amended by adding at 
the end the following: 
‘‘(5) AGE
DETERMINATION
FOR
CHILDREN
OF 
ALIEN
INVESTORS.—An alien who has reached 21 
years of age and has been admitted under subsection 
(d) as a lawful permanent resident on a conditional 
basis as the child of an alien lawfully admitted for 
permanent residence under subsection (b)(5), whose 
lawful permanent resident status on a conditional 
basis is terminated under section 216A or subsection 
(b)(5)(M), shall continue to be considered a child of 
the principal alien for the purpose of a subsequent
2562 
immigrant petition by such alien under subsection 
(b)(5) if the alien remains unmarried and the subse-
quent petition is filed by the principal alien not later 
than 1 year after the termination of conditional law-
ful permanent resident status. No alien shall be con-
sidered a child under this paragraph with respect to 
more than 1 petition filed after the alien reaches 21 
years of age.’’. 
(c) ENHANCED PAY SCALE FOR CERTAIN FEDERAL 
EMPLOYEES ADMINISTERING THE EMPLOYMENT CREATION 
PROGRAM.—The Secretary of Homeland Security may es-
tablish, fix the compensation of, and appoint individuals 
to designated critical, technical, and professional positions 
needed to administer sections 203(b)(5) and 216A of the Im-
migration and Nationality Act (8 U.S.C. 1153(b)(5) and 
1186b). 
(d) CONCURRENT FILING OF EB–5 PETITIONS AND 
APPLICATIONS FOR ADJUSTMENT OF STATUS.—Section 245 
of the Immigration and Nationality Act (8 U.S.C. 1255) 
is amended— 
(1) in subsection (k), in the matter preceding 
paragraph (1), by striking ‘‘or (3)’’ and inserting 
‘‘(3), or (5)’’; and 
(2) by adding at the end the following:
2563 
‘‘(n) If the approval of a petition for classification 
under section 203(b)(5) would make a visa immediately 
available to the alien beneficiary, the alien beneficiary’s ap-
plication for adjustment of status under this section shall 
be considered to be properly filed whether the application 
is submitted concurrently with, or subsequent to, the visa 
petition.’’. 
(e) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of the enactment of this 
Act. 
SEC. 103. REAUTHORIZATION AND REFORM OF THE RE-
GIONAL CENTER PROGRAM. 
(a) REPEAL.—Section 610 of the Departments of Com-
merce, Justice, and State, the Judiciary, and Related Agen-
cies Appropriations Act, 1993 (8 U.S.C. 1153 note) is re-
pealed. 
(b) AUTHORIZATION.— 
(1) IN GENERAL.—Section 203(b)(5) of the Im-
migration and Nationality Act (8 U.S.C. 1153(b)(5)) 
is amended by adding at the end the following: 
‘‘(E) REGIONAL CENTER PROGRAM.— 
‘‘(i) IN
GENERAL.—Visas under this 
subparagraph shall be made available 
through September 30, 2027, to qualified 
immigrants (and the eligible spouses and
2564 
children of such immigrants) pooling their 
investments with 1 or more qualified immi-
grants participating in a program imple-
menting this paragraph that involves a re-
gional center in the United States, which 
has been designated by the Secretary of 
Homeland Security on the basis of a pro-
posal for the promotion of economic growth, 
including prospective job creation and in-
creased domestic capital investment. 
‘‘(ii) PROCESSING.—In processing peti-
tions under section 204(a)(1)(H) for classi-
fication under this paragraph, the Secretary 
of Homeland Security— 
‘‘(I) shall prioritize the processing 
and adjudication of petitions for rural 
areas; 
‘‘(II) may process petitions in a 
manner and order established by the 
Secretary; and 
‘‘(III) shall deem such petitions to 
include records previously filed with 
the Secretary pursuant to subpara-
graph (F) if the alien petitioner cer-
tifies that such records are incor-
2565 
porated by reference into the alien’s pe-
tition. 
‘‘(iii) ESTABLISHMENT OF A REGIONAL 
CENTER.—A regional center shall operate 
within a defined, contiguous, and limited 
geographic area, which shall be described in 
the proposal and be consistent with the pur-
pose of concentrating pooled investment 
within such area. The proposal to establish 
a regional center shall demonstrate that the 
pooled investment will have a substantive 
economic impact on such geographic area, 
and shall include— 
‘‘(I) reasonable predictions, sup-
ported by economically and statis-
tically valid and transparent fore-
casting tools, concerning the amount of 
investment that will be pooled, the 
kinds of commercial enterprises that 
will receive such investments, details of 
the jobs that will be created directly or 
indirectly as a result of such invest-
ments, and other positive economic ef-
fects such investments will have;
2566 
‘‘(II) a description of the policies 
and procedures in place reasonably de-
signed to monitor new commercial en-
terprises and any associated job-cre-
ating entity to seek to ensure compli-
ance with— 
‘‘(aa) all applicable laws, 
regulations, and Executive orders 
of the United States, including 
immigration laws, criminal laws, 
and securities laws; and 
‘‘(bb) all securities laws of 
each State in which securities of-
ferings will be conducted, invest-
ment advice will be rendered, or 
the offerors or offerees reside; 
‘‘(III) attestations and informa-
tion confirming that all persons in-
volved with the regional center meet the 
requirements under clauses (i) and (ii) 
of subparagraph (H); 
‘‘(IV) a description of the policies 
and procedures in place that are rea-
sonably designed to ensure program 
compliance; and
2567 
‘‘(V) the identities of all natural 
persons involved in the regional center, 
as described in subparagraph (H)(v). 
‘‘(iv) INDIRECT JOB CREATION.— 
‘‘(I) IN GENERAL.—The Secretary 
of Homeland Security shall permit 
aliens seeking admission under this 
subparagraph to satisfy only up to 90 
percent of the requirement under sub-
paragraph (A)(ii) with jobs that are 
estimated to be created indirectly 
through investment under this para-
graph in accordance with this sub-
paragraph. An employee of the new 
commercial enterprise or job-creating 
entity may be considered to hold a job 
that has been directly created. 
‘‘(II) 
CONSTRUCTION
ACTIVITY 
LASTING LESS THAN 2 YEARS.—If the 
jobs estimated to be created are created 
by construction activity lasting less 
than 2 years, the Secretary shall per-
mit aliens seeking admission under 
this subparagraph to satisfy only up to 
75 percent of the requirement under
2568 
subparagraph (A)(ii) with jobs that 
are estimated to be created indirectly 
through investment under this para-
graph in accordance with this sub-
paragraph. 
‘‘(v) COMPLIANCE.— 
‘‘(I) 
IN
GENERAL.—In 
deter-
mining compliance with subparagraph 
(A)(ii), the Secretary of Homeland Se-
curity shall permit aliens seeking ad-
mission under this subparagraph to 
rely on economically and statistically 
valid methodologies for determining the 
number of jobs created by the program, 
including— 
‘‘(aa) jobs estimated to have 
been created directly, which may 
be verified using such methodolo-
gies; and 
‘‘(bb) consistent with this 
subparagraph, jobs estimated to 
have been directly or indirectly 
created through capital expendi-
tures, revenues generated from in-
creased exports, improved regional
2569 
productivity, job creation, and in-
creased domestic capital invest-
ment resulting from the program. 
‘‘(II) JOB AND INVESTMENT RE-
QUIREMENTS.— 
‘‘(aa) RELOCATED JOBS.—In 
determining compliance with the 
job creation requirement under 
subparagraph (A)(ii), the Sec-
retary of Homeland Security may 
include jobs estimated to be cre-
ated under a methodology that at-
tributes jobs to prospective tenants 
occupying commercial real estate 
created or improved by capital in-
vestments if the number of such 
jobs estimated to be created has 
been determined by an economi-
cally and statistically valid meth-
odology and such jobs are not ex-
isting jobs that have been relo-
cated. 
‘‘(bb) PUBLICLY
AVAILABLE 
BONDS.—The Secretary of Home-
land Security shall prescribe regu-
2570 
lations to ensure that alien inves-
tor capital may not be utilized, by 
a new commercial enterprise or 
otherwise, to purchase municipal 
bonds or any other bonds, if such 
bonds are available to the general 
public, either as part of a pri-
mary offering or from a secondary 
market. 
‘‘(cc) CONSTRUCTION
ACTIV-
ITY JOBS.—If the number of direct 
jobs estimated to be created has 
been determined by an economi-
cally and statistically valid meth-
odology, and such direct jobs are 
created by construction activity 
lasting less than 2 years, the 
number of such jobs that may be 
considered direct jobs for purposes 
of clause (iv) shall be calculated 
by multiplying the total number 
of such jobs estimated to be cre-
ated by the fraction of the 2-year 
period that the construction activ-
ity lasts.
2571 
‘‘(vi) AMENDMENTS.—The Secretary of 
Homeland Security shall— 
‘‘(I) require a regional center— 
‘‘(aa) to notify the Secretary, 
not later than 120 days before the 
implementation of significant pro-
posed changes to its organiza-
tional structure, ownership, or ad-
ministration, including the sale of 
such center, or other arrangements 
which would result in individuals 
not previously subject to the re-
quirements under subparagraph 
(H) becoming involved with the 
regional center; or 
‘‘(bb) 
if 
exigent 
cir-
cumstances are present, to provide 
the notice described in item (aa) 
to the Secretary not later than 5 
business days after a change de-
scribed in such item; and 
‘‘(II) adjudicate business plans 
under subparagraph (F) and petitions 
under section 204(a)(1)(H) during any 
notice period as long as the amend-
2572 
ment to the business or petition does 
not negatively impact program eligi-
bility. 
‘‘(vii) RECORD
KEEPING
AND
AU-
DITS.— 
‘‘(I) RECORD KEEPING.—Each re-
gional center shall make and preserve, 
during the 5-year period beginning on 
the last day of the Federal fiscal year 
in which any transactions occurred, 
books, ledgers, records, and other docu-
mentation from the regional center, 
new commercial enterprise, or job-cre-
ating entity used to support— 
‘‘(aa) any claims, evidence, 
or certifications contained in the 
regional center’s annual state-
ments under subparagraph (G); 
and 
‘‘(bb) associated petitions by 
aliens seeking classification under 
this section or removal of condi-
tions under section 216A. 
‘‘(II) 
AUDITS.—The 
Secretary 
shall audit each regional center not less
2573 
frequently than once every 5 years. 
Each such audit shall include a review 
of any documentation required to be 
maintained under subclause (I) for the 
preceding 5 years and a review of the 
flow of alien investor capital into any 
capital investment project. To the ex-
tent multiple regional centers are lo-
cated at a single site, the Secretary 
may audit multiple regional centers in 
a single site visit. 
‘‘(III) TERMINATION.—The Sec-
retary shall terminate the designation 
of a regional center that fails to con-
sent to an audit under subclause (II) 
or deliberately attempts to impede such 
an audit. 
‘‘(F) BUSINESS PLANS FOR REGIONAL CEN-
TER INVESTMENTS.— 
‘‘(i) APPLICATION
FOR
APPROVAL
OF 
AN INVESTMENT IN A COMMERCIAL ENTER-
PRISE.—A regional center shall file an ap-
plication with the Secretary of Homeland 
Security for each particular investment of-
fering through an associated new commer-
2574 
cial enterprise before any alien files a peti-
tion for classification under this paragraph 
by reason of investment in that offering. 
The application shall include— 
‘‘(I) a comprehensive business 
plan for a specific capital investment 
project; 
‘‘(II) a credible economic analysis 
regarding estimated job creation that 
is based upon economically and statis-
tically valid and transparent meth-
odologies; 
‘‘(III) any documents filed with 
the Securities and Exchange Commis-
sion under the Securities Act of 1933 
(15 U.S.C. 77a et seq.) or with the se-
curities regulator of any State, as re-
quired by law; 
‘‘(IV) any investment and offering 
documents, including subscription, in-
vestment, partnership, and operating 
agreements, private placement memo-
randa, term sheets, biographies of 
management, officers, directors, and 
any person with similar responsibil-
2575 
ities, the description of the business 
plan to be provided to potential alien 
investors, and marketing materials 
used, or drafts prepared for use, in 
connection with the offering, which 
shall contain references, as appro-
priate, to— 
‘‘(aa) all material investment 
risks associated with the new com-
mercial enterprise and the job-cre-
ating entity; 
‘‘(bb) any conflicts of interest 
that currently exist or may arise 
among the regional center, the 
new commercial enterprise, the 
job-creating entity, or the prin-
cipals, attorneys, or individuals 
responsible for recruitment or pro-
motion of such entities; 
‘‘(cc) any pending material 
litigation or bankruptcy, or mate-
rial adverse judgments or bank-
ruptcy orders issued during the 
most recent 10-year period, in the 
United States or in another coun-
2576 
try, affecting the regional center, 
the new commercial enterprise, 
any associated job-creating entity, 
or any other enterprise in which 
any principal of any of the afore-
mentioned entities held majority 
ownership at the time; and 
‘‘(dd)(AA) any fees, ongoing 
interest, or other compensation 
paid, or to be paid by the regional 
center, the new commercial enter-
prise, or any issuer of securities 
intended to be offered to alien in-
vestors, to agents, finders, or 
broker dealers involved in the of-
fering of securities to alien inves-
tors in connection with the invest-
ment; 
‘‘(BB) a description of the 
services performed, or that will be 
performed, by such person to enti-
tle the person to such fees, inter-
est, or compensation; and
2577 
‘‘(CC) the name and contact 
information of any such person, if 
known at the time of filing; 
‘‘(V) a description of the policies 
and procedures, such as those related to 
internal and external due diligence, 
reasonably designed to cause the re-
gional center and any issuer of securi-
ties intended to be offered to alien in-
vestors in connection with the relevant 
capital investment project, to comply, 
as applicable, with the securities laws 
of the United States and the laws of 
the applicable States in connection 
with the offer, purchase, or sale of its 
securities; and 
‘‘(VI) a certification from the re-
gional center, and any issuer of securi-
ties intended to be offered to alien in-
vestors in connection with the relevant 
capital investment project, that their 
respective agents and employees, and 
any parties associated with the re-
gional center and such issuer of securi-
ties affiliated with the regional center
2578 
are in compliance with the securities 
laws of the United States and the laws 
of the applicable States in connection 
with the offer, purchase, or sale of its 
securities, to the best of the certifier’s 
knowledge, after a due diligence inves-
tigation. 
‘‘(ii) EFFECT OF APPROVAL OF A BUSI-
NESS PLAN FOR AN INVESTMENT IN A RE-
GIONAL
CENTER’S
COMMERCIAL
ENTER-
PRISE.—The approval of an application 
under this subparagraph, including an ap-
proval before the date of the enactment of 
this subparagraph, shall be binding for pur-
poses of the adjudication of subsequent peti-
tions seeking classification under this para-
graph by immigrants investing in the same 
offering described in such application, and 
of petitions by the same immigrants filed 
under section 216A unless— 
‘‘(I) the applicant engaged in 
fraud, misrepresentation, or criminal 
misuse; 
‘‘(II) such approval would threat-
en public safety or national security;
2579 
‘‘(III) there has been a material 
change that affects eligibility; 
‘‘(IV) the discovery of other evi-
dence affecting program eligibility was 
not disclosed by the applicant during 
the adjudication process; or 
‘‘(V) the previous adjudication in-
volved a material mistake of law or 
fact. 
‘‘(iii) AMENDMENTS.— 
‘‘(I) APPROVAL.—The Secretary of 
Homeland Security may establish pro-
cedures by which a regional center 
may seek approval of an amendment to 
an approved application under this 
subparagraph that reflects changes 
specified by the Secretary to any infor-
mation, documents, or other aspects of 
the investment offering described in 
such approved application not later 
than 30 days after any such changes. 
‘‘(II) INCORPORATION.—Upon the 
approval of a timely filed amendment 
to 
an 
approved 
application, 
any 
changes reflected in such amendment
2580 
may be incorporated into and consid-
ered in determining program eligi-
bility through adjudication of— 
‘‘(aa) pending petitions from 
immigrants investing in the offer-
ing described in the approved ap-
plication who are seeking classi-
fication under this paragraph; 
and 
‘‘(bb) petitions by immi-
grants described in item (aa) that 
are filed under section 216A. 
‘‘(iv) SITE VISITS.—The Secretary of 
Homeland Security shall— 
‘‘(I) perform site visits to regional 
centers not earlier than 24 hours after 
providing notice of such site visit; and 
‘‘(II) perform at least 1 site visit 
to, as applicable, each new commercial 
enterprise or job-creating entity, or the 
business locations where any jobs that 
are claimed as being created. 
‘‘(v) PARAMETERS FOR CAPITAL REDE-
PLOYMENT.—
2581 
‘‘(I) IN GENERAL.—The Secretary 
of Homeland Security shall prescribe 
regulations, in accordance with sub-
chapter II of chapter 5 and chapter 7 
of title 5, United States Code (com-
monly known as the ‘Administrative 
Procedure Act’), that allow a new com-
mercial enterprise to redeploy invest-
ment 
funds 
anywhere 
within 
the 
United States or its territories for the 
purpose of maintaining the investors’ 
capital at risk if— 
‘‘(aa) the new commercial 
enterprise has executed the busi-
ness plan for a capital investment 
project in good faith without a 
material change; 
‘‘(bb) the new commercial en-
terprise has created a sufficient 
number of new full time positions 
to satisfy the job creation require-
ments of the program for all in-
vestors in the new commercial en-
terprise, either directly or indi-
2582 
rectly, as evidenced by the meth-
odologies set forth in this Act; 
‘‘(cc) the job creating entity 
has repaid the capital initially 
deployed in conformity with the 
initial investment contemplated 
by the business plan; and 
‘‘(dd) the capital, after re-
payment by the job creating enti-
ty, remains at risk and it is not 
redeployed in passive investments, 
such as stocks or bonds. 
‘‘(II) 
TERMINATION.—The 
Sec-
retary of Homeland Security shall ter-
minate the designation of a regional 
center if the Secretary determines that 
a new commercial enterprise has vio-
lated any of the requirements under 
subclause (I) in the redeployment of 
funds invested in such regional center. 
‘‘(G) REGIONAL
CENTER
ANNUAL
STATE-
MENTS.— 
‘‘(i) IN GENERAL.—Each regional cen-
ter designated under subparagraph (E) 
shall submit an annual statement, in a
2583 
manner prescribed by the Secretary of 
Homeland Security. Each such statement 
shall include— 
‘‘(I) a certification stating that, to 
the best of the certifier’s knowledge, 
after a due diligence investigation, the 
regional center is in compliance with 
clauses (i) and (ii) of subparagraph 
(H); 
‘‘(II) a certification described in 
subparagraph (I)(ii)(II); 
‘‘(III) a certification stating that, 
to the best of the certifier’s knowledge, 
after a due diligence investigation, the 
regional center is in compliance with 
subparagraph (K)(iii); 
‘‘(IV) a description of any pend-
ing material litigation or bankruptcy 
proceedings, or material litigation or 
bankruptcy proceedings resolved during 
the preceding fiscal year, involving the 
regional center, the new commercial 
enterprise, or any affiliated job-cre-
ating entity;
2584 
‘‘(V) an accounting of all indi-
vidual alien investor capital invested 
in the regional center, new commercial 
enterprise, and job-creating entity; 
‘‘(VI) for each new commercial en-
terprise associated with the regional 
center— 
‘‘(aa) an accounting of the 
aggregate capital invested in the 
new commercial enterprise and 
any job-creating entity by alien 
investors under this paragraph for 
each capital investment project 
being undertaken by the new com-
mercial enterprise; 
‘‘(bb) a description of how 
the capital described in item (aa) 
is being used to execute each cap-
ital investment project in the filed 
business plan or plans; 
‘‘(cc) evidence that 100 per-
cent of the capital described in 
item (aa) has been committed to 
each capital investment project;
2585 
‘‘(dd) detailed evidence of the 
progress made toward the comple-
tion of each capital investment 
project; 
‘‘(ee) an accounting of the 
aggregate direct jobs created or 
preserved; 
‘‘(ff) to the best of the re-
gional center’s knowledge, for all 
fees, including administrative fees, 
loan monitoring fees, loan man-
agement fees, commissions and 
similar 
transaction-based 
com-
pensation, collected from alien in-
vestors by the regional center, the 
new commercial enterprise, any 
affiliated job-creating entity, any 
affiliated issuer of securities in-
tended to be offered to alien inves-
tors, or any promoter, finder, 
broker-dealer, or other entity en-
gaged by any of the aforemen-
tioned entities to locate individual 
investors—
2586 
‘‘(AA) a description of 
all fees collected; 
‘‘(BB) an accounting of 
the entities that received such 
fees; and 
‘‘(CC) the purpose for 
which such fees were col-
lected; 
‘‘(gg) any documentation re-
ferred 
to 
in 
subparagraph 
(F)(i)(IV) if there has been a ma-
terial change during the preceding 
fiscal year; and 
‘‘(hh) a certification by the 
regional center that the informa-
tion provided under items (aa) 
through (gg) is accurate, to the 
best of the certifier’s knowledge, 
after a due diligence investiga-
tion; and 
‘‘(VII) a description of the re-
gional center’s policies and procedures 
that are designed to enable the regional 
center to comply with applicable Fed-
eral labor laws.
2587 
‘‘(ii) AMENDMENT OF ANNUAL STATE-
MENTS.—The Secretary of Homeland Secu-
rity— 
‘‘(I) shall require the regional cen-
ter to amend or supplement an annual 
statement required under clause (i) if 
the Secretary determines that such 
statement is deficient; and 
‘‘(II) may require the regional 
center to amend or supplement such 
annual statement if the Director deter-
mines that such an amendment or sup-
plement is appropriate. 
‘‘(iii) SANCTIONS.— 
‘‘(I) EFFECT OF VIOLATION.—The 
Director shall sanction any regional 
center entity in accordance with sub-
clause (II) if the regional center fails 
to submit an annual statement or if 
the Director determines that the re-
gional center— 
‘‘(aa) knowingly submitted 
or caused to be submitted a state-
ment, certification, or any infor-
mation submitted pursuant to this
2588 
subparagraph that contained an 
untrue statement of material fact; 
or 
‘‘(bb) is conducting itself in a 
manner inconsistent with its des-
ignation under subparagraph (E), 
including any willful, undisclosed, 
and material deviation by new 
commercial enterprises from any 
filed business plan for such new 
commercial enterprises. 
‘‘(II) AUTHORIZED SANCTIONS.— 
The Director shall establish a grad-
uated set of sanctions based on the se-
verity of the violations referred to in 
subclause (I), including— 
‘‘(aa) fines equal to not more 
than 10 percent of the total cap-
ital invested by alien investors in 
the regional center’s new commer-
cial enterprises or job-creating en-
tities directly involved in such 
violations, the payment of which 
shall not in any circumstance uti-
lize any of such alien investors’
2589 
capital investments, and which 
shall be deposited into the EB–5 
Integrity Fund established under 
subparagraph (J); 
‘‘(bb) temporary suspension 
from participation in the pro-
gram described in subparagraph 
(E), which may be lifted by the 
Director if the individual or enti-
ty cures the alleged violation after 
being provided such an oppor-
tunity by the Director; 
‘‘(cc) permanent bar from 
participation in the program de-
scribed in subparagraph (E) for 1 
or more individuals or business 
entities associated with the re-
gional center, new commercial en-
terprise, or job-creating entity; 
and 
‘‘(dd) termination of regional 
center designation. 
‘‘(iv) AVAILABILITY OF ANNUAL STATE-
MENTS TO INVESTORS.—Not later than 30 
days after a request from an alien investor,
2590 
a regional center shall make available to 
such alien investor a copy of the filed an-
nual statement and any amendments filed 
to such statement, which shall be redacted to 
exclude any information unrelated to such 
alien investor or the new commercial enter-
prise or job creating entity into which the 
alien investor invested. 
‘‘(H) BONA FIDES OF PERSONS INVOLVED 
WITH REGIONAL CENTER PROGRAM.— 
‘‘(i) IN
GENERAL.—The Secretary of 
Homeland Security may not permit any 
person to be involved with any regional cen-
ter, new commercial enterprise, or job-cre-
ating entity if— 
‘‘(I) the person has been found to 
have committed— 
‘‘(aa) a criminal or civil of-
fense involving fraud or deceit 
within the previous 10 years; 
‘‘(bb) a civil offense involving 
fraud or deceit that resulted in a 
liability in excess of $1,000,000; 
or
2591 
‘‘(cc) a crime for which the 
person was convicted and sen-
tenced to a term of imprisonment 
of more than 1 year; 
‘‘(II) the person is subject to a 
final order, for the duration of any 
penalty imposed by such order, of a 
State securities commission (or an 
agency or officer of a State performing 
similar functions), a State authority 
that supervises or examines banks, sav-
ings associations, or credit unions, a 
State insurance commission (or an 
agency or officer of a State performing 
similar functions), an appropriate 
Federal banking agency, the Com-
modity Futures Trading Commission, 
the Securities and Exchange Commis-
sion, a financial self-regulatory organi-
zation recognized by the Securities and 
Exchange Commission, or the National 
Credit Union Administration, which is 
based on a violation of any law or reg-
ulation that—
2592 
‘‘(aa) prohibits fraudulent, 
manipulative, or deceptive con-
duct; or 
‘‘(bb) bars the person from— 
‘‘(AA) association with 
an entity regulated by such 
commission, authority, agen-
cy, or officer; 
‘‘(BB) appearing before 
such commission, authority, 
agency, or officer; 
‘‘(CC) engaging in the 
business of securities, insur-
ance, or banking; or 
‘‘(DD) engaging in sav-
ings association or credit 
union activities; 
‘‘(III) the Secretary determines 
that the person is engaged in, has ever 
been engaged in, or seeks to engage 
in— 
‘‘(aa) any illicit trafficking 
in any controlled substance or in 
any listed chemical (as defined in
2593 
section 102 of the Controlled Sub-
stances Act); 
‘‘(bb) any activity relating to 
espionage, sabotage, or theft of in-
tellectual property; 
‘‘(cc) any activity related to 
money laundering (as described in 
section 1956 or 1957 of title 18, 
United States Code); 
‘‘(dd) any terrorist activity 
(as 
defined 
in 
section 
212(a)(3)(B)); 
‘‘(ee) any activity consti-
tuting or facilitating human traf-
ficking or a human rights offense; 
‘‘(ff) any activity described 
in section 212(a)(3)(E); or 
‘‘(gg) the violation of any 
statute, regulation, or Executive 
order regarding foreign financial 
transactions or foreign asset con-
trol; or 
‘‘(IV) the person— 
‘‘(aa) is, or during the pre-
ceding 10 years has been, included
2594 
on the Department of Justice’s 
List 
of 
Currently 
Disciplined 
Practitioners; or 
‘‘(bb) during the preceding 
10 years, has received a rep-
rimand or has otherwise been 
publicly disciplined for conduct 
related to fraud or deceit by a 
State bar association of which the 
person is or was a member. 
‘‘(ii) FOREIGN
INVOLVEMENT
IN
RE-
GIONAL CENTER PROGRAM.— 
‘‘(I) 
LAWFUL
STATUS
RE-
QUIRED.—A person may not be in-
volved with a regional center unless the 
person— 
‘‘(aa) is a national of the 
United States or an individual 
who has been lawfully admitted 
for permanent residence (as such 
terms are defined in paragraphs 
(20) and (22) of section 101(a)); 
and 
‘‘(bb) is not the subject of re-
scission or removal proceedings.
2595 
‘‘(II) FOREIGN
GOVERNMENTS.— 
No agency, official, or other similar en-
tity or representative of a foreign gov-
ernment entity may provide capital to, 
or be directly or indirectly involved 
with the ownership or administration 
of, a regional center, a new commercial 
enterprise, or a job-creating entity, ex-
cept that a foreign or domestic invest-
ment fund or other investment vehicle 
that is wholly or partially owned, di-
rectly or indirectly, by a bona fide for-
eign sovereign wealth fund or a foreign 
state-owned enterprise otherwise per-
mitted to do business in the United 
States may be involved with the owner-
ship, but not the administration, of a 
job-creating entity that is not an affili-
ated job-creating entity. 
‘‘(III) RULEMAKING.—Not later 
than 270 days after the date of the en-
actment of the EB–5 Reform and In-
tegrity Act of 2022, the Secretary shall 
issue regulations implementing sub-
paragraphs (I) and (II).
2596 
‘‘(iii) INFORMATION
REQUIRED.—The 
Secretary of Homeland Security— 
‘‘(I) shall require such attestations 
and information, including the submis-
sion of fingerprints or other biometrics 
to the Federal Bureau of Investigation 
with respect to a regional center, a new 
commercial enterprise, and any affili-
ated job creating entity, and persons 
involved with such entities (as de-
scribed in clause (v)), as may be nec-
essary to determine whether such enti-
ties are in compliance with clauses (i) 
and (ii); 
‘‘(II) shall perform such criminal 
record checks and other background 
and database checks with respect to a 
regional center, a new commercial en-
terprise, and any affiliated job-cre-
ating entity, and persons involved with 
such entities (as described in clause 
(v)), as may be necessary to determine 
whether such entities are in compliance 
with clauses (i) and (ii); and
2597 
‘‘(III) may, at the Secretary’s dis-
cretion, require the information de-
scribed to in subclause (I) and may 
perform the checks described in sub-
clause (II) with respect to any job cre-
ating entity and persons involved with 
such entity if there is a reasonable 
basis to believe such entity or person is 
not in compliance with clauses (i) and 
(ii). 
‘‘(iv) TERMINATION.— 
‘‘(I) IN GENERAL.—The Secretary 
of Homeland Security may suspend or 
terminate the designation of any re-
gional center, or the participation 
under the program of any new com-
mercial enterprise or job-creating enti-
ty under this paragraph if the Sec-
retary determines that such entity— 
‘‘(aa) knowingly involved a 
person with such entity in viola-
tion of clause (i) or (ii) by fail-
ing, within 14 days of acquiring 
such knowledge—
2598 
‘‘(AA) to take commer-
cially reasonable efforts to 
discontinue 
the 
prohibited 
person’s involvement; or 
‘‘(BB) to provide notice 
to the Secretary; 
‘‘(bb) failed to provide an at-
testation or information requested 
by the Secretary under clause 
(iii)(I); or 
‘‘(cc) 
knowingly 
provided 
any false attestation or informa-
tion under clause (iii)(I). 
‘‘(II) 
LIMITATION.—The 
Sec-
retary’s authorized sanctions under 
subclause (I) shall be limited to entities 
that have engaged in any activity de-
scribed in subclause (I). 
‘‘(III) INFORMATION.— 
‘‘(aa) 
NOTIFICATION.—The 
Secretary, after performing the 
criminal record checks and other 
background checks described in 
clause (iii), shall notify a regional 
center, new commercial enterprise,
2599 
or job-creating entity whether any 
person involved with such entities 
is not in compliance with clause 
(i) or (ii), unless the information 
that provides the basis for the de-
termination is classified or disclo-
sure is otherwise prohibited under 
law. 
‘‘(bb) EFFECT
OF
FAILURE 
TO RESPOND.—If the regional cen-
ter, new commercial enterprise, or 
job-creating entity fails to dis-
continue the prohibited person’s 
involvement with the regional cen-
ter, new commercial enterprise, or 
job-creating entity, as applicable, 
within 30 days after receiving 
such notification, such entity shall 
be deemed to have knowledge 
under subclause (I)(aa) that the 
involvement of such person with 
the entity is in violation of clause 
(i) or (ii). 
‘‘(v) PERSONS INVOLVED WITH A RE-
GIONAL CENTER, NEW COMMERCIAL ENTER-
2600 
PRISE, OR JOB-CREATING ENTITY.—For the 
purposes of this paragraph, unless otherwise 
determined by the Secretary of Homeland 
Security, a person is involved with a re-
gional center, a new commercial enterprise, 
any affiliated job-creating entity, as appli-
cable, if the person is, directly or indirectly, 
in a position of substantive authority to 
make operational or managerial decisions 
over pooling, securitization, investment, re-
lease, acceptance, or control or use of any 
funding that was procured under the pro-
gram described in subparagraph (E). An 
individual may be in a position of sub-
stantive authority if the person serves as a 
principal, a representative, an adminis-
trator, an owner, an officer, a board mem-
ber, a manager, an executive, a general 
partner, a fiduciary, an agent, or in a 
similar position at the regional center, new 
commercial enterprise, or job-creating enti-
ty, respectively. 
‘‘(I) 
COMPLIANCE
WITH
SECURITIES 
LAWS.— 
‘‘(i) JURISDICTION.—
2601 
‘‘(I) IN
GENERAL.—The United 
States has jurisdiction, including sub-
ject matter jurisdiction, over the pur-
chase or sale of any security offered or 
sold, or any investment advice pro-
vided, by any regional center or any 
party associated with a regional center 
for purposes of the securities laws. 
‘‘(II) COMPLIANCE WITH REGULA-
TION S.—For purposes of section 5 of 
the Securities Act of 1933 (15 U.S.C. 
77e), a regional center or any party 
associated with a regional center is not 
precluded from offering or selling a se-
curity pursuant to Regulation S (17 
C.F.R. 230.901 et seq.) to the extent 
that such offering or selling otherwise 
complies with that regulation. 
‘‘(III) SAVINGS PROVISION.—Sub-
clause (I) is not intended to modify 
any existing rules or regulations of the 
Securities and Exchange Commission 
related to the application of section 
15(a) of the Securities and Exchange
2602 
Act of 1934 (15 U.S.C. 78o(a)) to for-
eign brokers or dealers. 
‘‘(ii) 
REGIONAL
CENTER
CERTIFI-
CATIONS REQUIRED.— 
‘‘(I) INITIAL
CERTIFICATION.— 
The Secretary of Homeland Security 
may not approve an application for 
regional center designation or regional 
center amendment unless the regional 
center certifies that, to the best of the 
certifier’s knowledge, after a due dili-
gence investigation, the regional center 
is in compliance with and has policies 
and procedures, including those related 
to internal and external due diligence, 
reasonably designed to confirm, as ap-
plicable, that all parties associated 
with the regional center are and will 
remain in compliance with the securi-
ties laws of the United States and of 
any State in which— 
‘‘(aa) the offer, purchase, or 
sale of securities was conducted; 
‘‘(bb) the issuer of securities 
was located; or
2603 
‘‘(cc) the investment advice 
was provided by the regional cen-
ter or parties associated with the 
regional center. 
‘‘(II) REISSUE.—A regional cen-
ter shall annually reissue a certifi-
cation described in subclause (I), in 
accordance with subparagraph (G), to 
certify compliance with clause (iii) by 
stating that— 
‘‘(aa) 
the 
certification 
is 
made by a certifier; 
‘‘(bb) to the best of the cer-
tifier’s knowledge, after a due dili-
gence investigation, all such offers, 
purchases, and sales of securities 
or the provision of investment ad-
vice complied with the securities 
laws of the United States and the 
securities laws of any State in 
which— 
‘‘(AA) the offer, pur-
chase, or sale of securities 
was conducted;
2604 
‘‘(BB) the issuer of secu-
rities was located; or 
‘‘(CC) 
the 
investment 
advice was provided; and 
‘‘(cc) records, data, and in-
formation related to such offers, 
purchases, and sales have been 
maintained. 
‘‘(III) EFFECT
OF
NONCOMPLI-
ANCE.—If a regional center, through 
its due diligence, discovered during the 
previous fiscal year that the regional 
center or any party associated with the 
regional center was not in compliance 
with the securities laws of the United 
States or the securities laws of any 
State in which the securities activities 
were conducted by any party associ-
ated with the regional center, the cer-
tifier shall— 
‘‘(aa) describe the activities 
that led to noncompliance; 
‘‘(bb) describe the actions 
taken to remedy the noncompli-
ance; and
2605 
‘‘(cc) certify that the regional 
center and all parties associated 
with the regional center are cur-
rently in compliance, to the best 
of the certifier’s knowledge, after a 
due diligence investigation. 
‘‘(iii) OVERSIGHT
REQUIRED.—Each 
regional center shall— 
‘‘(I) use commercially reasonable 
efforts to monitor and supervise com-
pliance with the securities laws in re-
lations to all offers, purchases, and 
sales of, and investment advice relating 
to, securities made by parties associ-
ated with the regional center; 
‘‘(II) maintain records, data, and 
information relating to all such offers, 
purchases, sales, and investment advice 
during the 5-year period beginning on 
the date of their creation; and 
‘‘(III) make the records, data, and 
information described in subclause (II) 
available to the Secretary or to the Se-
curities and Exchange Commission 
upon request.
2606 
‘‘(iv) SUSPENSION OR TERMINATION.— 
In addition to any other authority provided 
to the Secretary under this paragraph, the 
Secretary, in the Secretary’s discretion, 
may suspend or terminate the designation 
of any regional center or impose other sanc-
tions against the regional center if the re-
gional center, or any parties associated 
with the regional center that the regional 
center knew or reasonably should have 
known— 
‘‘(I) are permanently or tempo-
rarily enjoined by order, judgment, or 
decree of any court of competent juris-
diction in connection with the offer, 
purchase, or sale of a security or the 
provision of investment advice; 
‘‘(II) are subject to any final 
order of the Securities and Exchange 
Commission or a State securities regu-
lator that— 
‘‘(aa) bars such person from 
association with an entity regu-
lated by the Securities and Ex-
2607 
change Commission or a State se-
curities regulator; or 
‘‘(bb) 
constitutes 
a 
final 
order based on a finding of an in-
tentional violation or a violation 
related to fraud or deceit in con-
nection with the offer, purchase, 
or sale of, or investment advice re-
lating to, a security; or 
‘‘(III) submitted, or caused to be 
submitted, a certification described in 
clause (ii) that contained an untrue 
statement of a material fact or omitted 
to state a material fact necessary in 
order to make the statements made, in 
light of the circumstances under which 
they were made, not misleading. 
‘‘(v) DEFINED
TERM.—In this sub-
paragraph, the term ‘parties associated with 
a regional center’ means— 
‘‘(I) the regional center; 
‘‘(II) any new commercial enter-
prise or affiliated job-creating entity or 
issuer of securities associated with the 
regional center;
2608 
‘‘(III) the regional center’s and 
new commercial enterprise’s owners, 
officers, directors, managers, partners, 
agents, employees, promoters and at-
torneys, or similar position, as deter-
mined by the Secretary; and 
‘‘(IV) any person under the con-
trol of the regional center, new com-
mercial enterprise, or issuer of securi-
ties associated with the regional center 
who is responsible for the marketing, 
offering, or sale of any security offered 
in connection with the capital invest-
ment project. 
‘‘(vi) SAVINGS PROVISION.—Nothing in 
this subparagraph may be construed to im-
pair or limit the authority of the Securities 
and Exchange Commission under the Fed-
eral securities laws or any State securities 
regulator under State securities laws. 
‘‘(J) EB–5 INTEGRITY FUND.— 
‘‘(i) ESTABLISHMENT.—There is estab-
lished in the United States Treasury a spe-
cial fund, which shall be known as the ‘EB– 
5 Integrity Fund’ (referred to in this sub-
2609 
paragraph as the ‘Fund’). Amounts depos-
ited into the Fund shall be available to the 
Secretary of Homeland Security until ex-
pended for the purposes set forth in clause 
(iii). 
‘‘(ii) FEES.— 
‘‘(I) ANNUAL FEE.—On October 1, 
2022, and each October 1 thereafter, 
the Secretary of Homeland Security 
shall collect for the Fund an annual 
fee— 
‘‘(aa) except as provided in 
item (bb), of $20,000 from each 
regional center designated under 
subparagraph (E); and 
‘‘(bb) of $10,000 from each 
such regional center with 20 or 
fewer total investors in the pre-
ceding fiscal year in its new com-
mercial enterprises. 
‘‘(II) PETITION FEE.—Beginning 
on October 1, 2022, the Secretary shall 
collect a fee of $1,000 for the Fund 
with each petition filed under section 
204(a)(1)(H) for classification under
2610 
subparagraph (E). The fee under this 
subclause is in addition to the fee that 
the Secretary is authorized to establish 
and collect for each petition to recover 
the costs of adjudication and natu-
ralization 
services 
under 
section 
286(m). 
‘‘(III) 
INCREASES.—The 
Sec-
retary may increase the amounts 
under this clause by prescribing such 
regulations as may be necessary to en-
sure that amounts in the Fund are suf-
ficient to carry out the purposes set 
forth in clause (iii). 
‘‘(iii) PERMISSIBLE USES OF FUND.— 
The Secretary shall— 
‘‘(I) use not less than 1⁄3 of the 
amounts deposited into the Fund for 
investigations based outside of the 
United States, including— 
‘‘(aa) monitoring and inves-
tigating program-related events 
and promotional activities; and
2611 
‘‘(bb) ensuring an alien in-
vestor’s compliance with subpara-
graph (L); and 
‘‘(II) use amounts deposited into 
the Fund— 
‘‘(aa) to detect and inves-
tigate fraud or other crimes; 
‘‘(bb) to determine whether 
regional centers, new commercial 
enterprises, job-creating entities, 
and alien investors (and their 
alien spouses and alien children) 
comply with the immigration 
laws; 
‘‘(cc) to conduct audits and 
site visits; and 
‘‘(dd) as the Secretary deter-
mines to be necessary, including 
monitoring compliance with the 
requirements under section 107 of 
the EB–5 Reform and Integrity 
Act of 2022. 
‘‘(iv) FAILURE TO PAY FEE.—The Sec-
retary of Homeland Security shall—
2612 
‘‘(I) impose a reasonable penalty, 
which shall be deposited into the Fund, 
if any regional center does not pay the 
fee required under clause (ii) within 30 
days after the date on which such fee 
is due; and 
‘‘(II) terminate the designation of 
any regional center that does not pay 
the fee required under clause (ii) with-
in 90 days after the date on which 
such fee is due. 
‘‘(v) REPORT.—The Secretary shall 
submit an annual report to the Committee 
on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of 
Representatives that describes how amounts 
in the Fund were expended during the pre-
vious fiscal year. 
‘‘(K) DIRECT
AND
THIRD-PARTY
PRO-
MOTERS.— 
‘‘(i) RULES AND STANDARDS.—Direct 
and third-party promoters (including mi-
gration agents) of a regional center, any 
new commercial enterprise, an affiliated 
job-creating entity, or an issuer of securities
2613 
intended to be offered to alien investors in 
connection with a particular capital invest-
ment project shall comply with the rules 
and standards prescribed by the Secretary 
of Homeland Security and any applicable 
Federal or State securities laws, to oversee 
promotion of any offering of securities re-
lated to the EB–5 Program, including— 
‘‘(I) registration with U.S. Citi-
zenship and Immigration Services, 
which— 
‘‘(aa) 
includes 
identifying 
and contact information for such 
promoter and confirmation of the 
existence of the written agreement 
required under clause (iii); and 
‘‘(bb) may be made publicly 
available at the discretion of the 
Secretary; 
‘‘(II) certification by each pro-
moter that such promoter is not ineli-
gible under subparagraph (H)(i); 
‘‘(III) guidelines for accurately 
representing the visa process to foreign 
investors; and
2614 
‘‘(IV) guidelines describing per-
missible fee arrangements under appli-
cable securities and immigration laws. 
‘‘(ii) EFFECT
OF
VIOLATION.—If the 
Secretary determines that a direct or third- 
party promoter has violated clause (i), the 
Secretary shall suspend or permanently bar 
such individual from participation in the 
program described in subparagraph (E). 
‘‘(iii) 
COMPLIANCE.—Each 
regional 
center, new commercial enterprise, and af-
filiated job-creating entity shall maintain a 
written agreement between or among such 
entities and each direct or third-party pro-
moter operating on behalf of such entities 
that outlines the rules and standards pre-
scribed under clause (i). 
‘‘(iv) 
DISCLOSURE.—Each 
petition 
filed under section 204(a)(1)(H) shall in-
clude a disclosure, signed by the investor, 
that reflects all fees, ongoing interest, and 
other compensation paid to any person that 
the regional center or new commercial en-
terprise knows has received, or will receive, 
in connection with the investment, includ-
2615 
ing compensation to agents, finders, or 
broker dealers involved in the offering, to 
the extent not already specifically identified 
in the business plan filed under subpara-
graph (F). 
‘‘(L) SOURCE OF FUNDS.— 
‘‘(i) IN GENERAL.—An alien investor 
shall demonstrate that the capital required 
under subparagraph (A) and any funds 
used to pay administrative costs and fees 
associated with the alien’s investment were 
obtained from a lawful source and through 
lawful means. 
‘‘(ii) REQUIRED
INFORMATION.—The 
Secretary of Homeland Security shall re-
quire that an alien investor’s petition under 
this paragraph contain, as applicable— 
‘‘(I) business and tax records, or 
similar records, including— 
‘‘(aa) foreign business reg-
istration records; 
‘‘(bb) corporate or partner-
ship tax returns (or tax returns of 
any other entity in any form filed 
in any country or subdivision of
2616 
such country), and personal tax 
returns, including income, fran-
chise, property (whether real, per-
sonal, or intangible), or any other 
tax returns of any kind, filed dur-
ing the past 7 years (or another 
period to be determined by the 
Secretary to ensure that the in-
vestment is obtained from a law-
ful source of funds) with any tax-
ing jurisdiction within or outside 
the United States by or on behalf 
of the alien investor; and 
‘‘(cc) 
any 
other 
evidence 
identifying any other source of 
capital or administrative fees; 
‘‘(II) evidence related to monetary 
judgments against the alien investor, 
including certified copies of any judg-
ments, and evidence of all pending gov-
ernmental civil or criminal actions, 
governmental 
administrative 
pro-
ceedings, and any private civil actions 
(pending or otherwise) involving pos-
sible monetary judgments against the
2617 
alien investor from any court within 
or outside the United States; and 
‘‘(III) the identity of all persons 
who transfer into the United States, on 
behalf of the investor, any funds that 
are used to meet the capital require-
ment under subparagraph (A). 
‘‘(iii) 
GIFT
AND
LOAN
RESTRIC-
TIONS.— 
‘‘(I) IN
GENERAL.—Gifted and 
borrowed funds may not be counted to-
ward the minimum capital investment 
requirement under subparagraph (C) 
unless such funds— 
‘‘(aa) were gifted or loaned to 
the alien investor in good faith; 
and 
‘‘(bb) were not gifted or 
loaned to circumvent any limita-
tions 
imposed 
on 
permissible 
sources of capital under this sub-
paragraph, including but not lim-
ited to proceeds from illegal activ-
ity.
2618 
‘‘(II) RECORDS REQUIREMENT.— 
If funds invested under subparagraph 
(A) are gifted or loaned to the alien in-
vestor, the Secretary shall require that 
the alien investor’s petition under this 
paragraph includes the records de-
scribed in subclauses (I) and (II) of 
clause (ii) from the donor or, if other 
than a bank, the lender. 
‘‘(M) TREATMENT OF GOOD FAITH INVES-
TORS FOLLOWING PROGRAM NONCOMPLIANCE.— 
‘‘(i) TERMINATION OR DEBARMENT OF 
EB–5 ENTITY.—Except as provided in clause 
(vi), upon the termination or debarment, as 
applicable, from the program under this 
paragraph of a regional center, a new com-
mercial enterprise, or a job-creating enti-
ty— 
‘‘(I) an otherwise qualified peti-
tion under section 204(a)(1)(H) or the 
conditional permanent residence of an 
alien who has been admitted to the 
United States pursuant to section 
216A(a)(1) based on an investment in 
a terminated regional center, new com-
2619 
mercial enterprise, or job-creating enti-
ty shall remain valid or continue to be 
authorized, as applicable, consistent 
with this subparagraph; and 
‘‘(II) the Secretary of Homeland 
Security shall notify the alien bene-
ficiaries of such petitions of such ter-
mination or debarment. 
‘‘(ii) NEW REGIONAL CENTER OR IN-
VESTMENT.—The petition under section 
204(a)(1)(H) of an alien described in clause 
(i) and the conditional permanent resident 
status of an alien described in clause (i) 
shall be terminated 180 days after notifica-
tion of the termination from the program 
under this paragraph of a regional center, 
a new commercial enterprise, or a job cre-
ating entity (but not sooner than 180 days 
after the date of the enactment of the EB– 
5 Reform and Integrity Act of 2022) un-
less— 
‘‘(I) in the case of the termination 
of a regional center— 
‘‘(aa) the new commercial 
enterprise associates with an ap-
2620 
proved regional center, regardless 
of 
the 
approved 
geographical 
boundaries of such regional cen-
ter’s designation; or 
‘‘(bb) such alien makes a 
qualifying investment in another 
new commercial enterprise; or 
‘‘(II) in the case of the debarment 
of a new commercial enterprise or job- 
creating entity, such alien— 
‘‘(aa) associates with a new 
commercial enterprise in good 
standing; and 
‘‘(bb) invests additional in-
vestment capital solely to the ex-
tent necessary to satisfy remain-
ing 
job 
creation 
requirements 
under subparagraph (A)(ii). 
‘‘(iii) AMENDMENTS.— 
‘‘(I) FILING REQUIREMENT.—The 
Secretary shall permit a petition de-
scribed in clause (i)(I) to be amended 
to allow such petition to meet the ap-
plicable eligibility requirements under 
clause (ii), or to notify the Secretary
2621 
that a pending or approved petition 
continues to meet the eligibility re-
quirements described in clause (ii) not-
withstanding termination or debar-
ment described in clause (i) if such 
amendment is filed not later than 180 
days after the Secretary provides noti-
fication of termination or debarment of 
a regional center, a new commercial 
enterprise, or a job-creating entity, as 
applicable. 
‘‘(II) DETERMINATION OF ELIGI-
BILITY.—For purposes of determining 
eligibility under subclause (I)— 
‘‘(aa) the Secretary shall per-
mit amendments to the business 
plan, without such facts under-
lying 
the 
amendment 
being 
deemed a material change; and 
‘‘(bb) may deem any funds 
obtained or recovered by an alien 
investor, directly or indirectly, 
from claims against third parties, 
including insurance proceeds, or 
any additional investment capital
2622 
provided by the alien, to be such 
alien’s investment capital for the 
purposes of subparagraph (A) if 
such investment otherwise com-
plies with the requirements under 
this paragraph and section 216A. 
‘‘(iv) 
REMOVAL
OF
CONDITIONS.— 
Aliens described in subclauses (I)(bb) and 
(II) of clause (ii) shall be eligible to have 
their conditions removed pursuant to sec-
tion 216A beginning on the date that is 2 
years after the date of the subsequent invest-
ment. 
‘‘(v) REMEDIES.—For petitions ap-
proved under clause (ii), including fol-
lowing an amendment filed under clause 
(iii), the Secretary— 
‘‘(I) shall retain the immigrant 
visa priority date related to the origi-
nal petition and prevent age-out of de-
rivative beneficiaries; and 
‘‘(II) may hold such petition in 
abeyance and extend any applicable 
deadlines under this paragraph.
2623 
‘‘(vi) EXCEPTION.—If the Secretary 
has reason to believe that an alien was a 
knowing participant in the conduct that led 
to the termination of a regional center, new 
commercial enterprise, or job-creating entity 
described in clause (i)— 
‘‘(I) the alien shall not be ac-
corded any benefit under this subpara-
graph; and 
‘‘(II) the Secretary shall— 
‘‘(aa) notify the alien of such 
belief; and 
‘‘(bb) 
subject 
to 
section 
216A(b)(2), shall deny or initiate 
proceedings to revoke the approval 
of such alien’s petition, applica-
tion, or benefit (and that of any 
spouse or child, if applicable) de-
scribed in this paragraph. 
‘‘(N) THREATS TO THE NATIONAL INTER-
EST.— 
‘‘(i) DENIAL
OR
REVOCATION.—The 
Secretary of Homeland Security shall deny 
or revoke the approval of a petition, appli-
cation, or benefit described in this para-
2624 
graph, including the documents described in 
clause (ii), if the Secretary determines, in 
the Secretary’s discretion, that the approval 
of such petition, application, or benefit is 
contrary to the national interest of the 
United States for reasons relating to threats 
to public safety or national security. 
‘‘(ii) DOCUMENTS.—The documents de-
scribed in this clause are— 
‘‘(I) a certification, designation, 
or amendment to the designation of a 
regional center; 
‘‘(II) a petition seeking classifica-
tion of an alien as an alien investor 
under this paragraph; 
‘‘(III) a petition to remove condi-
tions under section 216A; 
‘‘(IV) an application for approval 
of a business plan in a new commer-
cial enterprise under subparagraph 
(F); or 
‘‘(V) a document evidencing con-
ditional permanent resident status that 
was issued to an alien pursuant to sec-
tion 216A.
2625 
‘‘(iii) DEBARMENT.—If a regional cen-
ter, new commercial enterprise, or job-cre-
ating entity has its designation or partici-
pation in the program under this para-
graph terminated for reasons relating to 
public safety or national security, any per-
son associated with such regional center, 
new commercial enterprise, or job-creating 
entity, including an alien investor, shall be 
permanently barred from future participa-
tion in the program under this paragraph 
if the Secretary of Homeland Security, in 
the Secretary’s discretion, determines, by a 
preponderance of the evidence, that such 
person was a knowing participant in the 
conduct that led to the termination. 
‘‘(iv) NOTICE.—If the Secretary of 
Homeland Security determines that the ap-
proval of a petition, application, or benefit 
described in this paragraph should be de-
nied or revoked pursuant to clause (i), the 
Secretary shall— 
‘‘(I) notify the relevant indi-
vidual, regional center, or commercial 
entity of such determination;
2626 
‘‘(II) deny or revoke such petition, 
application, or benefit or terminate the 
permanent resident status of the alien 
(and the alien spouse and alien chil-
dren of such immigrant), as of the date 
of such determination; and 
‘‘(III) provide any United States- 
owned regional center, new commercial 
enterprise, or job creating entity an ex-
planation for such determination un-
less the relevant information is classi-
fied or disclosure is otherwise prohib-
ited under law. 
‘‘(v) 
JUDICIAL
REVIEW.—Notwith-
standing any other provision of law (statu-
tory or nonstatutory), including section 
2241 of title 28, United States Code, or any 
other habeas corpus provision, and sections 
1361 and 1651 of such title, no court shall 
have jurisdiction to review a denial or rev-
ocation under this subparagraph. Nothing 
in this clause may be construed as pre-
cluding review of constitutional claims or 
questions of law raised upon a petition for
2627 
review filed with an appropriate court of 
appeals in accordance with section 242. 
‘‘(O) FRAUD, 
MISREPRESENTATION, 
AND 
CRIMINAL MISUSE.— 
‘‘(i) DENIAL OR REVOCATION.—Subject 
to subparagraph (M), the Secretary of 
Homeland Security shall deny or revoke the 
approval of a petition, application, or ben-
efit described in this paragraph, including 
the documents described in subparagraph 
(N)(ii), if the Secretary determines, in the 
Secretary’s discretion, that such petition, 
application, or benefit was predicated on or 
involved fraud, deceit, intentional material 
misrepresentation, or criminal misuse. 
‘‘(ii) DEBARMENT.—If a regional cen-
ter, new commercial enterprise, or job-cre-
ating entity has its designation or partici-
pation in the program under this para-
graph terminated for reasons relating to 
fraud, intentional material misrepresenta-
tion, or criminal misuse, any person associ-
ated with such regional center, new com-
mercial enterprise, or job-creating entity, 
including an alien investor, shall be perma-
2628 
nently barred from future participation in 
the program if the Secretary determines, in 
the Secretary’s discretion, by a preponder-
ance of the evidence, that such person was 
a knowing participant in the conduct that 
led to the termination. 
‘‘(iii) NOTICE.—If the Secretary deter-
mines that the approval of a petition, ap-
plication, or benefit described in this para-
graph should be denied or revoked pursuant 
to clause (i), the Secretary shall— 
‘‘(I) notify the relevant indi-
vidual, regional center, or commercial 
entity of such determination; and 
‘‘(II) deny or revoke such petition, 
application, or benefit or terminate the 
permanent resident status of the alien 
(and the alien spouse and alien chil-
dren of such immigrant), in accord-
ance with clause (i), as of the date of 
such determination. 
‘‘(P) 
ADMINISTRATIVE
APPELLATE
RE-
VIEW.— 
‘‘(i) IN
GENERAL.—The Director of 
U.S. Citizenship and Immigration Services
2629 
shall provide an opportunity for an admin-
istrative appellate review by the Adminis-
trative Appeals Office of U.S. Citizenship 
and Immigration Services of any deter-
mination made under this paragraph, in-
cluding— 
‘‘(I) an application for regional 
center designation or regional center 
amendment; 
‘‘(II) an application for approval 
of a business plan filed under subpara-
graph (F); 
‘‘(III) a petition by an alien in-
vestor for status as an immigrant 
under this paragraph; 
‘‘(IV) the termination or suspen-
sion of any benefit accorded under this 
paragraph; and 
‘‘(V) any sanction imposed by the 
Secretary under this paragraph. 
‘‘(ii) JUDICIAL
REVIEW.—Subject to 
subparagraph (N)(v) and section 242(a)(2), 
and notwithstanding any other provision of 
law (statutory or nonstatutory), including 
section 2241 of title 28, United States Code,
2630 
or any other habeas corpus provision, and 
sections 1361 and 1651 of such title, no 
court shall have jurisdiction to review a de-
termination under this paragraph until the 
regional center, its associated entities, or the 
alien investor has exhausted all administra-
tive appeals. 
‘‘(Q) FUND ADMINISTRATION.— 
‘‘(i) IN GENERAL.—Each new commer-
cial enterprise shall deposit and maintain 
the capital investment of each alien investor 
in a separate account, including amounts 
held in escrow. 
‘‘(ii) USE OF FUNDS.—Amounts in a 
separate account may only— 
‘‘(I) be transferred to another sep-
arate account or a job creating entity; 
‘‘(II) otherwise be deployed into 
the capital investment project for 
which the funds were intended; or 
‘‘(III) be transferred to the alien 
investor who contributed the funds as a 
refund of that investor’s capital invest-
ment, if otherwise permitted under this 
paragraph.
2631 
‘‘(iii) DEPLOYMENT OF FUNDS INTO AN 
AFFILIATED
JOB-CREATING
ENTITY.—If 
amounts are transferred to an affiliated job- 
creating entity pursuant to clause (ii)(I)— 
‘‘(I) the affiliated job-creating en-
tity shall maintain such amounts in a 
separate account until they are de-
ployed into the capital investment 
project for which they were intended; 
and 
‘‘(II) not later than 30 days after 
such amounts are deployed pursuant to 
subclause (I), the affiliated job-creating 
entity shall provide written notice to 
the fund administrator retained pursu-
ant to clause (iv) that a construction 
consultant or other individual author-
ized by the Secretary has verified that 
such amounts have been deployed into 
the project. 
‘‘(iv) FUND
ADMINISTRATOR.—Except 
as provided in clause (v), the new commer-
cial enterprise shall retain a fund adminis-
trator to fulfill the requirements under this 
subparagraph. The fund administrator—
2632 
‘‘(I) shall be independent of, and 
not directly related to, the new com-
mercial enterprise, the regional center 
associated with the new commercial en-
terprise, the job creating entity, or any 
of the principals or managers of such 
entities; 
‘‘(II) shall be licensed, active, and 
in good standing as— 
‘‘(aa) a certified public ac-
countant; 
‘‘(bb) an attorney; 
‘‘(cc) a broker-dealer or in-
vestment adviser registered with 
the Securities and Exchange Com-
mission; or 
‘‘(dd) an individual or com-
pany that otherwise meets such 
requirements as may be estab-
lished by the Secretary; 
‘‘(III) shall monitor and track 
any transfer of amounts from the sepa-
rate account; 
‘‘(IV) shall serve as a cosignatory 
on all separate accounts;
2633 
‘‘(V) 
before 
any 
transfer 
of 
amounts from a separate account, 
shall— 
‘‘(aa) verify that the transfer 
complies with all governing docu-
ments, including organizational, 
operational, and investment docu-
ments; and 
‘‘(bb) approve such transfer 
with a written or electronic signa-
ture; 
‘‘(VI) shall periodically provide 
each alien investor with information 
about the activity of the account in 
which the investor’s capital investment 
is held, including— 
‘‘(aa) the name and location 
of the bank or financial institu-
tion at which the account is 
maintained; 
‘‘(bb) the history of the ac-
count; and 
‘‘(cc) any additional infor-
mation required by the Secretary; 
and
2634 
‘‘(VII) shall make and preserve, 
during the 5-year period beginning on 
the last day of the Federal fiscal year 
in which any transactions occurred, 
books, ledgers, records, and other docu-
mentation necessary to comply with 
this clause, which shall be provided to 
the Secretary upon request. 
‘‘(v) WAIVER.— 
‘‘(I) WAIVER
PERMITTED.—The 
Secretary of Homeland Security, after 
consultation with the Securities and 
Exchange Commission, may waive the 
requirements under clause (iv) for any 
new commercial enterprise or affiliated 
job-creating entity that is controlled by 
or under common control of an invest-
ment adviser or broker-dealer that is 
registered with the Securities and Ex-
change Commission if the Secretary, in 
the Secretary’s discretion, determines 
that the Securities and Exchange Com-
mission provides comparable protec-
tions and transparency for alien inves-
2635 
tors as the protections and trans-
parency provided under clause (iv). 
‘‘(II) WAIVER
REQUIRED.—The 
Secretary of Homeland Security shall 
waive the requirements under clause 
(iv) for any new commercial enterprise 
that commissions an annual inde-
pendent financial audit of such new 
commercial enterprise or job creating 
entity conducted in accordance with 
Generally Accepted Auditing Stand-
ards, which audit shall be provided to 
the Secretary and all investors in the 
new commercial enterprise. 
‘‘(vi) DEFINED
TERM.—In this sub-
paragraph, the term ‘separate account’ 
means an account that— 
‘‘(I) is maintained in the United 
States by a new commercial enterprise 
or job creating entity at a federally 
regulated bank or at another financial 
institution (as defined in section 20 of 
title 18, United States Code) in the 
United States; 
‘‘(II) is insured; and
2636 
‘‘(III) contains only the pooled in-
vestment funds of alien investors in a 
new commercial enterprise with respect 
to a single capital investment project.’’. 
(2) EFFECTIVE DATE.—The amendment made by 
this subsection shall take effect on the date that is 60 
days after the date of the enactment of this Act. 
(c) REQUIRED CHECKS.— 
(1) IN GENERAL.—Section 203(b)(5) of the Im-
migration and Nationality Act (8 U.S.C. 1153(b)(5)), 
as amended by subsection (b), is further amended by 
adding at the end the following: 
‘‘(R) REQUIRED
CHECKS.—Any petition 
filed by an alien under section 204(a)(1)(H) 
may not be approved under this paragraph un-
less the Secretary of Homeland Security has 
searched for the alien and any associated em-
ployer of such alien on the Specially Designated 
Nationals List of the Department of the Treasury 
Office of Foreign Assets Control.’’. 
(2) EFFECTIVE DATE.—The amendment made by 
this subsection shall take effect on the date of the en-
actment of this Act.
2637 
SEC. 104. CONDITIONAL PERMANENT RESIDENT STATUS 
FOR ALIEN INVESTORS, SPOUSES, AND CHIL-
DREN. 
(a) IN GENERAL.—Section 216A of the Immigration 
and Nationality Act (8 U.S.C. 1186b) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
such term appears (except in subsection (d)(2)(C)) 
and inserting ‘‘Secretary of Homeland Security’’; 
(2) by striking ‘‘entrepreneur’’ each place such 
term appears and inserting ‘‘investor’’; 
(3) in subsection (a), by amending paragraph 
(1) to read as follows: 
‘‘(1) CONDITIONAL
BASIS
FOR
STATUS.—An 
alien investor, alien spouse, and alien child shall be 
considered, at the time of obtaining status as an alien 
lawfully admitted for permanent residence, to have 
obtained such status on a conditional basis subject to 
the provisions of this section.’’; 
(4) in subsection (b)— 
(A) in the subsection heading, by striking 
‘‘ENTREPRENEURSHIP’’ and inserting ‘‘INVEST-
MENT’’; and 
(B) by amending paragraph (1)(B) to read 
as follows: 
‘‘(B) the alien did not invest the requisite 
capital; or’’;
2638 
(5) in subsection (c)— 
(A) in the subsection heading, by striking 
‘‘OF TIMELY PETITION AND INTERVIEW’’; 
(B) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘In order’’ and in-
serting ‘‘Except as provided in paragraph 
(3)(D), in order’’; 
(ii) in subparagraph (A)— 
(I) by striking ‘‘must’’ and insert-
ing ‘‘shall’’; and 
(II) by striking ‘‘, and’’ and in-
serting a semicolon; 
(iii) in subparagraph (B)— 
(I) by striking ‘‘must’’ and insert-
ing ‘‘shall’’; 
(II) by striking ‘‘Service’’ and in-
serting ‘‘Department of Homeland Se-
curity’’; and 
(III) by striking the period at the 
end and inserting ‘‘; and’’; and 
(iv) by adding at the end the following: 
‘‘(C) the Secretary shall have performed a 
site visit to the relevant corporate office or busi-
2639 
ness 
location 
described 
in 
section 
203(b)(5)(F)(iv).’’; and 
(C) in paragraph (3)— 
(i) in subparagraph (A), in the undes-
ignated matter following clause (ii), by 
striking ‘‘the’’ before ‘‘such filing’’; and 
(ii) by amending subparagraph (B) to 
read as follows: 
‘‘(B) REMOVAL OR EXTENSION OF CONDI-
TIONAL BASIS.— 
‘‘(i) IN GENERAL.—Except as provided 
in clause (ii), if the Secretary determines 
that the facts and information contained in 
a petition submitted under paragraph 
(1)(A) are true, including demonstrating 
that the alien complied with subsection 
(d)(1)(B)(i), the Secretary shall— 
‘‘(I) notify the alien involved of 
such determination; and 
‘‘(II) remove the conditional basis 
of the alien’s status effective as of the 
second anniversary of the alien’s law-
ful admission for permanent residence. 
‘‘(ii) EXCEPTION.—If the petition dem-
onstrates that the facts and information are
2640 
true and that the alien is in compliance 
with subsection (d)(1)(B)(ii)— 
‘‘(I) the Secretary, in the Sec-
retary’s discretion, may provide a 1- 
year extension of the alien’s condi-
tional status; and 
‘‘(II)(aa) if the alien files a peti-
tion not later than 30 days after the 
third anniversary of the alien’s lawful 
admission for permanent residence 
demonstrating that the alien complied 
with subsection (d)(1)(B)(i), the Sec-
retary shall remove the conditional 
basis of the alien’s status effective as of 
such third anniversary; or 
‘‘(bb) if the alien does not file the 
petition described in item (aa), the 
conditional status shall terminate at 
the end of such additional year.’’; 
(6) in subsection (d)— 
(A) in paragraph (1)— 
(i) by amending subparagraph (A) to 
read as follows: 
‘‘(A) invested the requisite capital;’’;
2641 
(ii) by redesignating subparagraph (B) 
as subparagraph (C); and 
(iii) by inserting after subparagraph 
(A) the following: 
‘‘(B)(i) created the employment required 
under section 203(b)(5)(A)(ii); or 
‘‘(ii) is actively in the process of creating 
the 
employment 
required 
under 
section 
203(b)(5)(A)(ii) and will create such employ-
ment before the third anniversary of the alien’s 
lawful admission for permanent residence, pro-
vided that such alien’s capital will remain in-
vested during such time; and’’; 
(B) in paragraph (2), by amending sub-
paragraph (A) to read as follows: 
‘‘(A) NINETY-DAY PERIOD BEFORE SECOND 
ANNIVERSARY.— 
‘‘(i) IN GENERAL.—Except as provided 
in clause (ii) and subparagraph (B), a peti-
tion under subsection (c)(1)(A) shall be filed 
during the 90-day period immediately pre-
ceding the second anniversary of the alien 
investor’s lawful admission for permanent 
residence.
2642 
‘‘(ii) EXCEPTION.—Aliens described in 
subclauses (I)(bb) and (II) of section 
203(b)(5)(M)(ii) shall file a petition under 
subsection (c)(1)(A) during the 90-day pe-
riod before the second anniversary of the 
subsequent investment.’’; and 
(C) in paragraph (3)— 
(i) by striking ‘‘The interview’’ and in-
serting the following: 
‘‘(A) IN GENERAL.—The interview’’; 
(ii) by striking ‘‘Service’’ and insert-
ing ‘‘Department of Homeland Security’’; 
and 
(iii) by striking the last sentence and 
inserting the following: 
‘‘(B) WAIVER.—The Secretary of Homeland 
Security, in the Secretary’s discretion, may 
waive the deadline for an interview under sub-
section (c)(1)(B) or the requirement for such an 
interview according to criteria developed by U.S. 
Citizenship and Immigration Services, in con-
sultation with its Fraud Detection and National 
Security Directorate and U.S. Immigration and 
Customs Enforcement, provided that such cri-
teria do not include a reduction of case proc-
2643 
essing times or the allocation of adjudicatory re-
sources. A waiver may not be granted under this 
subparagraph if the alien to be interviewed— 
‘‘(i) invested in a regional center, new 
commercial enterprise, or job-creating entity 
that 
was 
sanctioned 
under 
section 
203(b)(5); or 
‘‘(ii) is in a class of aliens determined 
by the Secretary to be threats to public safe-
ty or national security.’’; and 
(7) in subsection (f)(3), by striking ‘‘a limited 
partnership’’ and inserting ‘‘any entity formed for the 
purpose of doing for-profit business’’. 
(b) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by subsection (a) 
shall take effect on the date of the enactment of this 
Act. 
(2) EXCEPTIONS.— 
(A) SITE VISITS.—The amendment made by 
subsection (a)(5)(B)(iv) shall take effect on the 
date that is 2 years after the date of the enact-
ment of this Act. 
(B) 
PETITION
BENEFICIARIES.—The 
amendments made by subsection (a) shall not
2644 
apply to the beneficiary of a petition that is filed 
under section 216A of the Immigration and Na-
tionality Act (8 U.S.C. 1186b) if the underlying 
petition was filed under section 203(b)(5) of such 
Act (8 U.S.C. 1153(b)(5)) before the date of the 
enactment of this Act. 
SEC. 105. PROCEDURE FOR GRANTING IMMIGRANT STATUS. 
(a) 
FILING
ORDER
AND
ELIGIBILITY.—Section 
204(a)(1)(H) of the Immigration and Nationality Act (8 
U.S.C. 1154(a)(1)(H)) is amended to read as follows: 
‘‘(H)(i) Any alien seeking classification under section 
203(b)(5) may file a petition for such classification with 
the Secretary of Homeland Security. An alien seeking to 
pool his or her investment with 1 or more additional aliens 
seeking classification under section 203(b)(5) shall file for 
such classification in accordance with section 203(b)(5)(E), 
or before the date of the enactment of the EB–5 Reform and 
Integrity Act of 2022, in accordance with section 203(b)(5). 
An alien petitioning for classification under section 
203(b)(5)(E) may file a petition with the Secretary after 
a regional center has filed an application for approval of 
an investment under section 203(b)(5)(F). 
‘‘(ii) A petitioner described in clause (i) shall establish 
eligibility at the time he or she files a petition for classifica-
tion under section 203(b)(5). A petitioner who was eligible
2645 
for such classification at the time of such filing shall be 
deemed eligible for such classification at the time such peti-
tion is adjudicated, subject to the approval of the peti-
tioner’s associated application under section 203(b)(5)(F), 
if applicable.’’. 
(b) EFFECTIVE DATES.— 
(1) IN GENERAL.—The amendment made by sub-
section (a) shall take effect on the date of the enact-
ment of this Act. 
(2) 
APPLICABILITY
TO
PETITIONS.—Section 
204(a)(1)(H)(i) of the Immigration and Nationality 
Act, as added by subsection (a), shall apply to any 
petition 
for 
classification 
pursuant 
to 
section 
203(b)(5)(E) of such Act (8 U.S.C. 1153(b)(5)(E)) 
that is filed with the Secretary of Homeland Security 
on or after the date of the enactment of this Act. 
(c) ADJUDICATION OF PETITIONS.—The Secretary of 
Homeland Security shall continue to adjudicate petitions 
and benefits under sections 203(b)(5) and 216A of the Im-
migration and Nationality Act (8 U.S.C. 1153(b)(5) and 
1186b) during the implementation of this Act and the 
amendments made by this Act. 
SEC. 106. TIMELY PROCESSING. 
(a) FEE STUDY.—Not later than 1 year after the date 
of the enactment of this Act, the Director of U.S. Citizenship
2646 
and Immigration Services shall complete a study of fees 
charged in the administration of the program described in 
sections 203(b)(5) and 216A of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)(5) and 1186b). 
(b) ADJUSTMENT OF FEES TO ACHIEVE EFFICIENT 
PROCESSING.—Notwithstanding section 286(m) of the Im-
migration and Nationality Act (8 U.S.C. 1356(m)), and ex-
cept as provided under subsection (c), the Director, not later 
than 60 days after the completion of the study under sub-
section (a), shall set fees for services provided under sections 
203(b)(5) and 216A of such Act (8 U.S.C. 1153(b)(5) and 
1186b) at a level sufficient to ensure the full recovery only 
of the costs of providing such services, including the cost 
of attaining the goal of completing adjudications, on aver-
age, not later than— 
(1) 180 days after receiving a proposal for the 
establishment of a regional center described in section 
203(b)(5)(E) of such Act; 
(2) 180 days after receiving an application for 
approval of an investment in a new commercial en-
terprise described in section 203(b)(5)(F) of such Act; 
(3) 90 days after receiving an application for 
approval of an investment in a new commercial en-
terprise described in section 203(b)(5)(F) of such Act
2648 
(2) in an amount that is not greater than 1 per-
cent of the fee for filing a petition under section 
203(b)(5) of the Immigration and Nationality Act (8 
U.S.C. 1153(b)(5)), to make improvements to the in-
formation technology systems used by the Secretary of 
Homeland Security to process, adjudicate, and ar-
chive applications and petitions under such section, 
including the conversion to electronic format of docu-
ments filed by petitioners and applicants for benefits 
under such section. 
(d) EXEMPTION
FROM
PAPERWORK
REDUCTION 
ACT.—During the 1-year period beginning on the date of 
the enactment of this Act, the requirements under chapter 
35 of title 44, United States Code, shall not apply to any 
collection of information required under this division, any 
amendment made by this division, or any rule promulgated 
by the Secretary of Homeland Security to implement this 
division or the amendments made by this division, to the 
extent that the Secretary determines that compliance with 
such requirements would impede the expeditious implemen-
tation of this division or the amendments made by this divi-
sion. 
(e) RULE OF CONSTRUCTION REGARDING ADJUDICA-
TION DELAYS.—Nothing in this division may be construed 
to limit the authority of the Secretary of Homeland Secu-
2649 
rity to suspend the adjudication of any application or peti-
tion under section 203(b)(5) or 216A of the Immigration 
and Nationality Act (8 U.S.C. 1153(b)(5) and 1186b) pend-
ing the completion of a national security or law enforce-
ment investigation relating to such application or petition. 
(f) RULE OF CONSTRUCTION REGARDING MODIFICA-
TION OF FEES.—Nothing in this section may be construed 
to require any modification of fees before the completion 
of— 
(1) the fee study described in subsection (a); or 
(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 ‘‘Administrative Pro-
cedure Act’’), to carry out subsections (b) and (c). 
SEC. 107. TRANSPARENCY. 
(a) IN GENERAL.—Employees of the Department of 
Homeland Security, including the Secretary of Homeland 
Security, the Secretary’s counselors, the Assistant Secretary 
for the Private Sector, the Director of U.S. Citizenship and 
Immigration Services, counselors to such Director, and the 
Chief of the Immigrant Investor Programs Office (or any 
successor to such Office) at U.S. Citizenship and Immigra-
tion Services, shall act impartially and may not give pref-
erential treatment to any entity, organization, or indi-
2650 
vidual in connection with any aspect of the immigrant visa 
program described in section 203(b)(5) of the Immigration 
and Nationality Act (8 U.S.C. 1153(b)(5)). 
(b) IMPROPER ACTIVITIES.—Activities that constitute 
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 referred to in 
subsection (a), the standard processing of an applica-
tion, petition, or benefit for— 
(A) a regional center; 
(B) a new commercial enterprise; 
(C) a job-creating entity; or 
(D) any person or entity associated with 
such regional center, new commercial enterprise, 
or job-creating entity; and 
(2) meeting or communicating with persons asso-
ciated with the entities listed in paragraph (1), at the 
request of such persons, in a manner not available to 
or accorded to all other petitioners, applicants, and 
seekers of benefits under such immigrant visa pro-
gram. 
(c) REPORTING OF COMMUNICATIONS.—
2651 
(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 (8 
U.S.C. 1153(b)(5)), actual or electronic copies of all 
case-specific written communication, including emails 
from government and private accounts, with non-De-
partment persons or entities advocating for regional 
center applications or individual petitions under such 
section that are pending on or after the date of the 
enactment of this Act (other than routine communica-
tions with other agencies of the Federal Government 
regarding the case, including communications involv-
ing background checks and litigation defense). 
(2) ORAL COMMUNICATION.—If substantive oral 
communication, including telephonic communication, 
virtual communication, or in-person meetings, takes 
place between officials of the Department of Home-
land Security and non-Department persons or enti-
ties advocating for regional center applications or in-
dividual petitions under section 203(b)(5) of such Act 
that are pending on or after the date of the enactment 
of this Act (except communications exempted under 
paragraph (1))—
2652 
(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 af-
fected party or his or her representative (exclud-
ing Federal Government or law enforcement 
sources), such information may not be made part 
of the record of proceeding and may not be con-
sidered in adjudicative proceedings unless— 
(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. 
(B) INFORMATION
FROM
LAW
ENFORCE-
MENT, INTELLIGENCE AGENCIES, OR CONFIDEN-
TIAL 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
2653 
proceeding without the consent of the rel-
evant agency or law enforcement entity. 
(ii) WHISTLEBLOWERS, CONFIDENTIAL 
SOURCES, OR
INTELLIGENCE
AGENCIES.— 
Evidence received from whistleblowers, other 
confidential sources, or the intelligence com-
munity that is included in the record of 
proceeding and considered in adjudicative 
proceedings shall be handled in a manner 
that does not reveal the identity of the whis-
tleblower 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 considered 
in the adjudication of an application or petition 
under section 203(b)(5) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)(5)) unless the commu-
nication is included in the record of proceeding of the 
case. 
(2) WAIVER.—The Secretary of Homeland Secu-
rity may waive the requirement under paragraph (1) 
only in the interests of national security or for inves-
tigative or law enforcement purposes.
2654 
(e) CHANNELS OF COMMUNICATION.— 
(1) EMAIL ADDRESS OR EQUIVALENT.—The Di-
rector of U.S. Citizenship and Immigration Services 
shall maintain an email 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 information that is not case- 
specific about the immigrant visa program de-
scribed in such section 203(b)(5). 
(2) COMMUNICATION
ONLY
THROUGH
APPRO-
PRIATE CHANNELS OR OFFICES.— 
(A) 
ANNOUNCEMENT
OF
APPROPRIATE 
CHANNELS OF COMMUNICATION.—Not later than 
40 days after the date of the enactment of this 
Act, the Director of U.S. Citizenship and Immi-
gration Services shall announce that the only 
channels or offices by which industry stake-
holders, petitioners, applicants, and seekers of 
benefits under the immigrant visa program de-
scribed in section 203(b)(5) of the Immigration 
and Nationality Act (8 U.S.C. 1153(b)(5)) may
2655 
communicate with the Department of Homeland 
Security regarding specific cases under such sec-
tion (except for communication made by appli-
cants and petitioners pursuant to regular adju-
dicatory procedures), or information that is not 
case-specific about the visa program applicable 
to certain cases under such section, are 
through— 
(i) the email address or equivalent 
channel described in paragraph (1); 
(ii) the National Customer Service 
Center, or any successor to such Center; or 
(iii) the Office of Public Engagement, 
Immigrant Investor Program Office, includ-
ing the Stakeholder Engagement Branch, or 
any successors to those Offices or that 
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 communication 
or offices listed in clauses (i) through (iii) 
of subparagraph (A).
2656 
(ii) RULE OF CONSTRUCTION.—Noth-
ing in this subparagraph may be construed 
to prevent— 
(I) any person from commu-
nicating with the Ombudsman of U.S. 
Citizenship and Immigration Services 
regarding the immigrant investor pro-
gram under section 203(b)(5) of the 
Immigration and Nationality 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 
452 of the Homeland Security Act of 
2002 (6 U.S.C. 272). 
(C) LOG.— 
(i) IN GENERAL.—The Director of U.S. 
Citizenship and Immigration Services shall 
maintain a written or electronic log of— 
(I) all communications described 
in subparagraph (A) and communica-
tions from Members of Congress, which 
shall reference the date, time, and sub-
ject of the communication, and the
2657 
identity of the Department official, if 
any, to whom the inquiry was for-
warded; 
(II) with respect to written com-
munications described in subsection 
(c)(1), the date on which the commu-
nication was received, the identities of 
the sender and addressee, and the sub-
ject of the communication; and 
(III) with respect to oral commu-
nications described in subsection (c)(2), 
the date on which the communication 
occurred, the participants in the con-
versation 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 Infor-
mation Act’’). 
(3) PUBLICATION OF INFORMATION.—Not later 
than 30 days after a person or entity inquiring about 
a specific case or generally about the immigrant visa 
program described in section 203(b)(5) of the Immi-
2658 
gration and Nationality Act (8 U.S.C. 1153(b)(5)) re-
ceives, as a result of a communication with an offi-
cial of the Department of Homeland Security, gen-
erally applicable information that is not case-specific 
about program requirements or administration that 
has not been made publicly available by the Depart-
ment, the Director of U.S. Citizenship and Immigra-
tion Services shall publish such information on the 
U.S. Citizenship and Immigration Services website as 
an update to the relevant Frequently Asked Questions 
page or by some other comparable mechanism. 
(f) PENALTY.— 
(1) IN GENERAL.—Any person who intentionally 
violates the prohibition on preferential treatment 
under this section or intentionally violates the report-
ing requirements under subsection (c) shall be dis-
ciplined 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 ad-
dition to any criminal or civil penalties that may be 
imposed, written reprimand, suspension, demotion, or 
removal.
2659 
(g) RULE OF CONSTRUCTION REGARDING CLASSIFIED 
INFORMATION.—Nothing in this section may be construed 
to modify any law, regulation, or policy regarding the han-
dling or disclosure of classified information. 
(h) RULE OF CONSTRUCTION REGARDING PRIVATE 
RIGHT OF ACTION.—Nothing in this section may be con-
strued to create or authorize a private right of action to 
challenge a decision of an employee of the Department of 
Homeland Security. 
(i) EFFECTIVE DATE.—This section, and the amend-
ments made by this section, shall take effect on the date 
of the enactment of this Act. 
SEC. 108. PROTECTION FROM EXPIRED LEGISLATION. 
Section 203(b)(5) of the Immigration and Nationality 
Act (8 U.S.C. 1153(b)(5)), as amended by sections 102 and 
103 of this division, is further amended by adding at the 
end the following: 
‘‘(S) PROTECTION FROM EXPIRED LEGISLA-
TION.—Notwithstanding the expiration of legisla-
tion authorizing the regional center program 
under subparagraph (E), the Secretary of Home-
land Security— 
‘‘(i) shall continue processing petitions 
under sections 204(a)(1)(H) and 216A 
based on an investment in a new commer-
2660 
cial enterprise associated with a regional 
center that were filed on or before Sep-
tember 30, 2026; 
‘‘(ii) may not deny a petition described 
in clause (i) based on the expiration of such 
legislation; and 
‘‘(iii) may not suspend or terminate 
the allocation of visas to the beneficiaries of 
approved petitions described in clause (i).’’. 
DIVISION 
CC—BURIAL 
EQUITY 
FOR GUARDS AND RESERVES 
ACT 
SEC. 101. SHORT TITLE. 
This division may be cited as the ‘‘Burial Equity for 
Guards and Reserves Act’’. 
SEC. 102. PROHIBITIONS ON RESTRICTING INTERMENT OF 
CERTAIN INDIVIDUALS IN CERTAIN STATE 
VETERANS’ CEMETERIES. 
(a) GRANTS.—Section 2408 of title 38, United States 
Code, is amended— 
(1) in subsection (d)(2), by striking ‘‘The Sec-
retary may’’ and inserting ‘‘Except as provided in 
subsection (i), the Secretary may’’; 
(2) by redesignating subsection (i) as subsection 
(k); and
2661 
(3) by inserting after subsection (h) the following 
new subsections: 
‘‘(i)(1) The Secretary may not establish a condition 
for a grant under this section that restricts the ability of 
a State receiving such a grant to inter in a veterans’ ceme-
tery owned by that State any individual described in para-
graph (2) solely by reason of the ineligibility of such indi-
vidual for burial in an open national cemetery under the 
control of the National Cemetery Administration under sec-
tion 2402(a) of this title. 
‘‘(2) An individual described in this paragraph is the 
following: 
‘‘(A) Any member of a reserve component of the 
Armed Forces who was discharged or released from 
service under conditions other than dishonorable or 
whose death occurs under conditions other than dis-
honorable while a member of such a reserve compo-
nent. 
‘‘(B) Any member of the Army National Guard 
or the Air National Guard who was discharged or re-
leased from service under conditions other than dis-
honorable or whose death occurs under conditions 
other than dishonorable while a member of the Army 
National Guard or the Air National Guard.
2662 
‘‘(C) Any member of the Reserve Officers’ Train-
ing Corps of the Army, Navy, or Air Force whose 
death occurs under conditions other than dishonorable 
while a member of the Reserve Officers’ Training 
Corps of the Army, Navy, or Air Force. 
‘‘(D) Any spouse of any member described in 
subparagraphs (A) through (C). 
‘‘(E) Any minor child or unmarried adult child 
(as such terms are defined in section 2402(a) of this 
title) of any member described in subparagraphs (A) 
through (C). 
‘‘(j) The Secretary may not deny an application for 
a grant under this section solely on the basis that the State 
receiving such grant may use funds from such grant to ex-
pand, improve, operate, or maintain a veterans’ cemetery 
in which interment of individuals described in subsection 
(i)(2) is allowed.’’. 
(b) PROHIBITION
ON ENFORCING CERTAIN CONDI-
TIONS ON GRANTS FOR STATE VETERANS’ CEMETERIES.— 
The Secretary of Veterans Affairs may not enforce a condi-
tion on a grant described in subsection (i)(1) of section 2408 
of title 38, United States Code, as added by subsection (a), 
that was established before the date of the enactment of this 
Act.
2663 
(c) PLOT ALLOWANCES.—Section 2303 of title 38, 
United States Code, is amended— 
(1) in subsection (b)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) the Secretary shall pay to the relevant 
State, agency, political subdivision, or tribal organi-
zation, as the case may be, the sum of $700 (as in-
creased from time to time under subsection (c)) as a 
plot or interment allowance for such veteran if the 
veteran is buried (without charge for the cost of a plot 
or interment) in a cemetery, or a section of a ceme-
tery, that— 
‘‘(A) is used solely for the interment of per-
sons who are— 
‘‘(i) eligible for burial in a national 
cemetery; 
‘‘(ii) members of a reserve component 
of the Armed Forces not otherwise eligible 
for such burial or former members of such 
a reserve component not otherwise eligible 
for such burial who are discharged or re-
leased from service under conditions other 
than dishonorable; or
2664 
‘‘(iii) described in section 2408(i)(2) of 
this title; and 
‘‘(B) is— 
‘‘(i) owned by a State or by an agency 
or political subdivision of a State; or 
‘‘(ii) on trust land owned by, or held 
in trust for, a tribal organization.’’; and 
(B) in paragraph (2), by inserting ‘‘tribal 
organization,’’ after ‘‘of a State,’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(e) In this section, the terms ‘tribal organization’ and 
‘trust land’ have the meanings given those terms in section 
3765 of this title.’’. 
DIVISION 
DD—AUTHORIZATION 
OF 
APPROPRIATIONS 
FOR 
HIGH 
TECHNOLOGY 
PILOT 
PROGRAM 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR HIGH 
TECHNOLOGY PILOT PROGRAM. 
Subsection (g) of section 116 of the Harry W. Colmery 
Veterans Educational Assistance Act of 2017 (Public Law 
115–48; 38 U.S.C. 3001 note), as amended by section 4302 
of the Johnny Isakson and David P. Roe, M.D. Veterans
2665 
Health Care and Benefits Improvement Act of 2020 (Public 
Law 116–315), is amended to read as follows: 
‘‘(g) AUTHORIZATION
OF APPROPRIATIONS.—Funds 
shall be made available to carry out the pilot program 
under this section from funds appropriated to, or otherwise 
made available to, the Department for the payment of read-
justment benefits, in the following amounts for a fiscal year 
in which the Secretary carries out the pilot program: 
‘‘(1) For fiscal year 2019, $15,000,000. 
‘‘(2) For fiscal year 2020, $15,000,000. 
‘‘(3) For fiscal year 2021, $45,000,000. 
‘‘(4) For fiscal year 2022, $125,000,000. 
‘‘(5) For fiscal year 2023, $45,000,000. 
‘‘(6) For fiscal year 2024, $45,000,000.’’. 
DIVISION EE—EXTENSION OF 
VISA WAIVER PROGRAM FEES 
SEC. 101. EXTENSION OF VISA WAIVER PROGRAM FEES. 
Section 217(h)(3)(B)(iii) of the Immigration and Na-
tionality Act (8 U.S.C. 1187(h)(3)(B)(iii)) is amended by 
striking ‘‘September 30, 2027’’ and inserting ‘‘October 31, 
2028’’.
2666 
DIVISION FF—AVAILABILITY OF 
TRAVEL 
PROMOTION 
FUND 
FOR BRAND USA 
SEC. 101. AVAILABILITY OF TRAVEL PROMOTION FUND FOR 
BRAND USA. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Restoring Brand USA Act’’. 
(b) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of the Treas-
ury, subject to subsections (c) and (d), and notwithstanding 
any other provision of law, shall make available, from unob-
ligated balances remaining available from fees collected be-
fore October 1, 2020, and credited to Travel Promotion 
Fund established under subsection (d) of the Travel Pro-
motion Act of 2009 (22 U.S.C. 2131(d)), $250,000,000 for 
the Corporation for Travel Promotion (commonly known as 
‘‘Brand USA’’). 
(c) INAPPLICABILITY OF CERTAIN REQUIREMENTS AND 
LIMITATIONS.—The limitations in subsection (d)(2)(B) of 
the Travel Promotion Act of 2009 shall not apply to 
amounts made available under subsection (b), and the re-
quirements in subsection (d)(3) of such Act shall not apply 
to more than $50,000,000 of the amounts so available. 
(d) USE OF FUNDS.—Brand USA may only use funds 
provided under subsection (b) to promote travel from coun-
2667 
tries whose citizens and nationals are permitted to enter 
the United States. 
(e) REPORT REQUIRED.—Not later than 60 days after 
the date of the enactment of this Act, Brand USA shall sub-
mit to Congress a plan for obligating and expending the 
amounts described in subsection (b). 
DIVISION GG—COOPERATIVE 
PROJECT AGREEMENT 
SEC. 101. AUTHORITY TO ENTER INTO COOPERATIVE 
PROJECT AGREEMENT. 
Notwithstanding section 27(f) of the Arms Export Con-
trol Act (22 U.S.C. 2767(f)), the President may sign the 
cooperative project agreement notified to the Committee on 
Foreign Relations of the Senate and the Committee on For-
eign Affairs of the House of Representatives in congres-
sional notification 04-22 received on March 5, 2022. Not-
withstanding section 27(g) of such Act (22 U.S.C. 2767(g)), 
any defense articles that result from a cooperative project 
agreement shall be subject to the requirements of section 36 
of such Act (22 U.S.C. 2776).
2668 
DIVISION HH—OTHER MATTERS 
TITLE 
I—CONTINUING 
EDU-
CATION AT AFFECTED FOR-
EIGN INSTITUTIONS 
SEC. 101. COVERED PERIODS FOR AFFECTED FOREIGN IN-
STITUTIONS. 
Section 3510(e) of the Coronavirus Aid, Relief, and 
Economic Security Act (20 U.S.C. 1001 note) is amended— 
(1) in paragraph (1)(B)(ii), by striking ‘‘2022’’ 
and inserting ‘‘2023’’; and 
(2) in paragraph (2), by striking ‘‘subparagraph 
(B)(i)’’ and inserting ‘‘paragraph (1)(B)(i)’’. 
TITLE II—NASA ENHANCED-USE 
LEASING EXTENSION ACT OF 
2022 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘NASA Enhanced-Use 
Leasing Extension Act of 2022’’. 
SEC. 202. FINDINGS. 
Congress finds the following: 
(1) NASA uses enhanced-use leasing to enter into 
agreements with private sector entities, State and 
local governments, academic institutions, and other 
Federal agencies for lease of non-excess, underutilized 
NASA properties and facilities.
2669 
(2) NASA uses enhanced-use leasing authority to 
support responsible management of its real property, 
including to improve the use of underutilized prop-
erty for activities that are compatible with NASA’s 
mission and to reduce facility operating and mainte-
nance costs. 
(3) In fiscal year 2019, under its enhanced-use 
lease authority, NASA leased 65 real properties. 
(4) In fiscal year 2019, NASA’s use of enhanced- 
use leasing resulted in the collection of $10,843,025.77 
in net revenue. 
(5) In fiscal year 2019, NASA used a portion of 
its enhanced-use leasing revenues for repairs of facil-
ity control systems such as lighting and heating, ven-
tilation, and air conditioning. 
(6) NASA’s use of enhanced-use leasing authority 
can contribute to reducing the rate of increase of the 
Agency’s overall deferred maintenance cost. 
SEC. 203. EXTENSION OF AUTHORITY TO ENTER INTO 
LEASES OF NON-EXCESS PROPERTY OF THE 
NATIONAL AERONAUTICS AND SPACE ADMIN-
ISTRATION. 
Section 20145(g) of title 51, United States Code, is 
amended by striking ‘‘December 31, 2021’’ and inserting 
‘‘December 31, 2022’’.
2670 
TITLE III—CARES ACT 
SEMIANNUAL TESTIMONY 
SEC. 301. CONGRESSIONAL TESTIMONY. 
Section 4026(c) of division A of the CARES Act (15 
U.S.C. 9060(c)) is amended— 
(1) by striking ‘‘quarterly’’ and inserting ‘‘semi-
annual’’; and 
(2) by adding at the end the following: ‘‘This 
subsection shall have no force or effect after December 
31, 2027.’’. 
TITLE IV—HIDDEN FIGURES 
CONGRESSIONAL GOLD MEDAL 
SEC. 401. HIDDEN FIGURES CONGRESSIONAL GOLD MEDAL. 
Section 3(c) of Hidden Figures Congressional Gold 
Medal Act (Public Law 116–68; 133 Stat. 1129) is amended 
by adding at the end the following: 
‘‘(3) TRANSFER TO KATHERINE GOBLE MOORE.— 
The gold medal awarded in honor of Katherine John-
son under subsection (a)(1) shall be given to her 
daughter, Katherine Goble Moore.’’.
2671 
TITLE 
V—CONGRESSIONAL 
OVERSIGHT 
OF 
SENSITIVE 
PROGRAMS NOT COVERED BY 
OTHER PROVISIONS OF LAW 
SEC. 501. CONGRESSIONAL OVERSIGHT OF SENSITIVE PRO-
GRAMS NOT COVERED BY OTHER PROVISIONS 
OF LAW. 
(a) REPORTS REQUIRED.— 
(1) IN GENERAL.—Not later than February 1 of 
each year, the head of each covered element shall sub-
mit to congressional leadership a report on each cov-
ered program carried out by that covered element. 
(2) CONTENTS.—Each such report shall set 
forth— 
(A) the total amount requested by the cov-
ered element for covered programs within the 
budget submitted under section 1105 of title 31 
for the fiscal year following the fiscal year in 
which the report is submitted; and 
(B) for each program in such budget that is 
a covered program— 
(i) a brief description of the program; 
(ii) in the case of a procurement pro-
gram, a brief discussion of the major mile-
stones established for the program;
2672 
(iii) the actual cost of the program for 
each fiscal year during which the program 
has been conducted before the fiscal year 
during which that budget is submitted; and 
(iv) the estimated total cost of the pro-
gram and the estimated cost of the program 
for— 
(I) the current fiscal year; 
(II) the fiscal year for which the 
budget is submitted; and 
(III) each of the four succeeding 
fiscal years during which the program 
is expected to be conducted. 
(b) NEWLY DESIGNATED PROGRAMS.— 
(1) IN GENERAL.—Not later than February 1 of 
each year, the head of each covered element shall sub-
mit to congressional leadership a report that, with re-
spect to each new covered program of that covered ele-
ment, provides— 
(A) notice of the designation of the program 
as a special access program; and 
(B) justification for such designation. 
(2) CONTENTS.—A report under paragraph (1) 
with respect to a program shall include—
2673 
(A) the current estimate of the total pro-
gram cost for the program; and 
(B) an identification, as applicable, of ex-
isting programs or technologies that are similar 
to the technology, or that have a mission similar 
to the technology, or that have a mission similar 
to the mission, of the program that is the subject 
of the notice. 
(3) NEW COVERED PROGRAM DEFINED.—In this 
subsection, the term ‘‘new covered program’’ means a 
covered program that has not previously been covered 
in a notice and justification under this subsection. 
(c) REVISION IN CLASSIFICATION OF PROGRAMS.— 
(1) IN
GENERAL.—Whenever a change in the 
classification of a covered program of a covered ele-
ment is planned to be made or whenever classified in-
formation concerning a covered program of a covered 
element is to be declassified and made public, the 
head of the covered element shall submit to congres-
sional leadership a report containing a description of 
the proposed change or the information to be declas-
sified, the reasons for the proposed change or declas-
sification, and notice of any public announcement 
planned to be made with respect to the proposed 
change or declassification.
2674 
(2) PERIOD FOR SUBMITTAL.—Except as pro-
vided in paragraph (3), a report referred to in para-
graph (1) shall be submitted not less than 14 days be-
fore the date on which the proposed change, declas-
sification, or public announcement is to occur. 
(3) EXCEPTION.—If the head of the covered ele-
ment determines that because of exceptional cir-
cumstances the requirement of paragraph (2) cannot 
be met with respect to a proposed change, declassifica-
tion, or public announcement concerning a covered 
program of the covered element, the head of the de-
partment or agency may submit the report required 
by paragraph (1) regarding the proposed change, de-
classification, or public announcement at any time 
before the proposed change, declassification, or public 
announcement is made and shall include in the report 
an explanation of the exceptional circumstances. 
(d) REVISION OF CRITERIA FOR DESIGNATING PRO-
GRAMS.—Whenever there is a modification or termination 
of the policy and criteria used for designating a program 
of a covered element as a covered program, the head of the 
covered element shall promptly notify congressional leader-
ship of such modification or termination. Any such notifi-
cation shall contain the reasons for the modification or ter-
2675 
mination and, in the case of a modification, the provisions 
of the policy as modified. 
(e) INITIATION OF PROGRAMS.—A covered program 
may not be initiated by a covered element until— 
(1) congressional leadership is notified of the 
program; and 
(2) a period of 30 days elapses after such notifi-
cation is received. 
(f) LIMITATION ON USE OF FUNDS.—No funds may 
be obligated or expended by any covered element to carry 
out a covered program until the head of the covered element 
has briefed congressional leadership on the covered program. 
(g) DEFINITIONS.—In this section: 
(1) COVERED ELEMENT.—The term ‘‘covered ele-
ment’’ means any element or portion of the Federal 
Government that is not— 
(A) a covered department or agency as de-
fined in section 1152(g) of the National Defense 
Authorization Act for Fiscal Year 1994 (50 
U.S.C. 3348(g)); 
(B) the Department of Defense (which is re-
quired to submit reports on special access pro-
grams under section 119 of title 10, United 
States Code);
2676 
(C) the National Nuclear Security Adminis-
tration (which is required to submit reports on 
special access programs under section 3236 of the 
National Nuclear Security Administration Act 
(50 U.S.C. 2426); or 
(D) an element of the intelligence commu-
nity (as defined in section 3 of the National Se-
curity Act of 1947 (50 U.S.C. 3003)). 
(2) CONGRESSIONAL
LEADERSHIP.—The term 
‘‘congressional leadership’’ means— 
(A) the majority leader of the Senate; 
(B) the minority leader of the Senate; 
(C) the Speaker of the House of Representa-
tives; and 
(D) the minority leader of the House of 
Representatives. 
(3) COVERED
PROGRAM.—The term ‘‘covered 
program’’ means any special access program or simi-
larly protected program established under the author-
ity of Executive Order 12356 (50 U.S.C. 3161 note; 
relating to prescribing a uniform system for 
classifying, declassifying, and safeguarding national 
security information), or any successor Executive 
order, or any similar sensitive program established
2677 
anywhere in the Federal Government, including one 
established at the direction of the President. 
TITLE VI—FIREFIGHTER PAY 
SEC. 601. FIREFIGHTER PAY. 
Section 1701 of division B of the Extending Govern-
ment Funding and Delivering Emergency Assistance Act 
(5 U.S.C. 5547 note) is amended— 
(1) by inserting ‘‘or 2022’’ after ‘‘during 2021’’ 
each place it appears; 
(2) in subsection (a)(1), by inserting ‘‘and any 
services during 2022 that generate payments payable 
in 2023’’ after ‘‘payable in 2022’’; and 
(3) in subsection (b), by inserting ‘‘or 2022’’ 
after ‘‘in 2021’’. 
Attest: 
Clerk.
117TH CONGRESS 
2D SESSION 
H.R. 2471 
HOUSE AMENDMENT TO 
SENATE AMENDMENT