229 
(E) provision of transportation, childcare 
services, or other support services pre-work- 
based learning or training, and during the pe-
riod of employment. 
(2) LENGTH OF SERVICES.—Each eligible part-
nership shall provide support services for workers for 
not less than 12 months after the date of placement 
of an individual in a work-based learning program. 
That 12-month period shall include a period of pre- 
work-based learning or training, a transitional pe-
riod of employment as described in subsection 
(b)(4), and a period of continuing employment. 
SEC. 2408. PERFORMANCE AND ACCOUNTABILITY. 
(a) LOCAL REPORTS.—Not later than 1 year after 
receiving a grant under section 6, and annually thereafter, 
each eligible partnership in a State shall conduct an eval-
uation and submit to the State a local report containing 
information on— 
(1) levels of performance achieved by the eligi-
ble partnership with respect to the performance indi-
cators under section 116(b)(2)(A) of the Workforce 
Innovation 
and 
Opportunity 
Act 
(29 
U.S.C. 
3141(b)(2)(A))— 
(A) for all workers in the work-based 
learning program involved; and 
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(B) for all such workers, disaggregated by 
each population specified in section 3(24) of the 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3102(24)) and by race, ethnicity, sex, 
and age; and 
(2) levels of performance achieved by the eligi-
ble partnership with respect to the performance indi-
cators under that section 116(b)(2)(A)— 
(A) for individuals with barriers to employ-
ment in the work-based learning program in-
volved; and 
(B) for all such individuals, disaggregated 
by each population specified in section 3(24) of 
the Workforce Innovation and Opportunity Act 
and by race, ethnicity, sex, and age. 
(b) STATE REPORTS.—Not later than 24 months 
after receiving initial local reports under subsection (a) 
(but in no case less than 18 months after the cor-
responding grants are awarded) and annually thereafter, 
the State shall conduct an evaluation and submit a report 
to the Secretary containing— 
(1) the information provided by the eligible 
partnerships through the local reports; and 
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(2) the State level of performance, aggregated 
across all eligible partnerships, with respect to the 
performance indicators described in subsection (a). 
SEC. 2409. GRANTS FOR ACCESS TO HIGH-DEMAND CA-
REERS. 
(a) PURPOSE.—The purpose of this section is to ex-
pand student access to, and participation in, new industry- 
led earn-and-learn programs leading to high-wage, high- 
skill, and high-demand careers. 
(b) AUTHORIZATION
OF APPRENTICESHIP GRANT 
PROGRAM.— 
(1) IN GENERAL.—From the amounts provided 
under this title, the Secretary shall award grants, on 
a competitive basis, to eligible partnerships for the 
purpose described in subsection (a). 
(2) DURATION.—The Secretary shall award 
grants under this section for a period of— 
(A) not less than 1 year; and 
(B) not more than 4 years. 
(3) LIMITATIONS.— 
(A) NUMBER
OF
AWARDS.—An eligible 
partnership or member of such partnership may 
not be awarded more than one grant under this 
section. 
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(B) ADMINISTRATION COSTS.—An eligible 
partnership awarded a grant under this section 
may not use more than 5 percent of the grant 
funds to pay administrative costs associated 
with activities funded by the grant. 
(c) MATCHING FUNDS.—To receive a grant under 
this section, an eligible partnership shall, through cash or 
in-kind contributions, provide matching funds from non- 
Federal sources in an amount equal to or greater than 
50 percent of the amount of such grant. 
(d) APPLICATIONS.—To receive a grant under this 
section, an eligible partnership shall submit to the Sec-
retary at such a time as the Secretary may require, an 
application that— 
(1) identifies and designates the business or in-
stitution of higher education responsible for the ad-
ministration and supervision of the earn-and-learn 
program for which such grant funds would be used; 
(2) identifies the businesses and institutions of 
higher education that comprise the eligible partner-
ship; 
(3) identifies the source and amount of the 
matching funds required under subsection (c); 
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(4) identifies the number of students who will 
participate and complete the relevant earn-and-learn 
program within 1 year of the expiration of the grant; 
(5) identifies the amount of time, not to exceed 
2 years, required for students to complete the pro-
gram; 
(6) identifies the relevant recognized postsec-
ondary credential to be awarded to students who 
complete the program; and 
(7) identifies the anticipated earnings of stu-
dents— 
(A) 1 year after program completion; 
(B) 3 years after program completion; 
(C) describes the specific project for which 
the application is submitted, including a sum-
mary of the relevant classroom and paid struc-
tured on-the-job training students will receive; 
(D) describes how the eligible partnership 
will finance the program after the end of the 
grant period; 
(E) describes how the eligible partnership 
will support the collection of information and 
data for purposes of the program evaluation re-
quired under subsection (e); and 
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(F) describes the alignment of the program 
with State-identified in-demand industry sec-
tors. 
(e) EVALUATION.— 
(1) IN GENERAL.—From the amounts provided 
under this title, the Secretary shall provide for the 
independent evaluation of the grant program estab-
lished under this section that includes the following: 
(A) The number of eligible individuals who 
participated in programs assisted under this 
section. 
(B) The percentage of program partici-
pants who are in unsubsidized employment dur-
ing the second quarter after exit from the pro-
gram. 
(C) The percentage of program partici-
pants who are in unsubsidized employment dur-
ing the fourth quarter after exit from the pro-
gram. 
(D) The median earnings of program par-
ticipants who are in unsubsidized employment 
during the second quarter after exit from the 
program. 
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(E) The percentage of program partici-
pants who obtain a recognized postsecondary 
credential during participation in the program. 
(2) PUBLICATION.—The evaluation required by 
this subsection shall be made publicly available on 
the website of the Department. 
(f) DEFINITIONS.—In this section: 
(1) EARN-AND-LEARN
PROGRAM.—The term 
‘‘earn-and-learn program’’ means an education pro-
gram, including an apprenticeship program, that 
provides students with structured, sustained, and 
paid on-the-job training and accompanying, for cred-
it, classroom instruction that— 
(A) is for a period of between 3 months 
and 2 years; and 
(B) leads to, on completion of the pro-
gram, a recognized postsecondary credential. 
(2) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi-
ble partnership’’ shall mean a consortium that in-
cludes— 
(A) 1 or more businesses; and 
(B) 1 or more institutions of higher edu-
cation. 
(3) IN-DEMAND INDUSTRY SECTOR OR OCCUPA-
TION.—The term ‘‘in-demand industry sector or oc-
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cupation’’ has the meaning given the term in section 
3 of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3102). 
(4) ON-THE-JOB TRAINING.—The term ‘‘on-the- 
job training’’ has the meaning given the term in sec-
tion 3 of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3102). 
(5) RECOGNIZED
POSTSECONDARY
CREDEN-
TIAL.—The term ‘‘recognized postsecondary creden-
tial’’ has the meaning given the term in section 3 of 
the Workforce Innovation and Opportunity Act (29 
U.S.C. 3102). 
DIVISION C—AMERICAN PROS-
PERITY AND COMPETITIVE-
NESS 
SEC. 3101. SHORT TITLE. 
This division may be cited as the ‘‘American Pros-
perity and Competitiveness Act’’. 
TITLE I—AMERICAN FAMILIES 
UNITED 
SEC. 3111. RULE OF CONSTRUCTION. 
Nothing in sections 3112 and 3113 of this title, the 
American Families United Act, shall be construed— 
(1) to provide the Secretary of Homeland Secu-
rity or the Attorney General with the ability to exer-
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cise the discretionary authority provided in this divi-
sion, or by an amendment made by this division, ex-
cept on a case-by-case basis; or 
(2) to otherwise modify or limit the discre-
tionary authority of the Secretary of Homeland Se-
curity or the Attorney General under the immigra-
tion laws (as defined in section 101(a)(17) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(17))). 
SEC. 3112. DISCRETIONARY AUTHORITY WITH RESPECT TO 
FAMILY MEMBERS OF UNITED STATES CITI-
ZENS. 
(a) APPLICATIONS FOR RELIEF FROM REMOVAL.— 
Section 240(c)(4) of the Immigration and Nationality Act 
(8 U.S.C. 1229a(c)(4)) is amended by adding at the end 
the following: 
‘‘(D) JUDICIAL DISCRETION.— 
‘‘(i) IN GENERAL.—In the case of an 
alien who is the spouse or child of a citizen 
of the United States, the Attorney General 
may subject to clause (ii)— 
‘‘(I) terminate any removal pro-
ceedings against the alien; 
‘‘(II) decline to order the alien 
removed from the United States; 
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‘‘(III) grant the alien permission 
to reapply for admission to the United 
States; or 
‘‘(IV) subject to clause (iii), 
waive the application of one or more 
grounds of inadmissibility or deport-
ability in connection with any request 
for relief from removal. 
‘‘(ii) LIMITATION ON DISCRETION.— 
‘‘(I) IN GENERAL.—The Attorney 
General may exercise the discretion 
described in clause (i) if the Attorney 
General determines that removal of 
the alien or the denial of a request for 
relief from removal would result in 
hardship to the alien’s United States 
citizen spouse, parent, or child. There 
shall be a presumption that family 
separation constitutes hardship. 
‘‘(II) WIDOW
AND
SURVIVING 
CHILD OF DECEASED UNITED STATES 
CITIZEN.—In the case of the death of 
a citizen of the United States, the At-
torney General may exercise discretion 
described in clause (i) with respect to 
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an alien who was a child of such cit-
izen, or was the spouse of such citizen 
and was not legally separated from 
such citizen on the date of the citi-
zen’s death, if— 
‘‘(aa) the Attorney General 
determines that removal of the 
child or spouse or the denial of a 
requested benefit would result in 
hardship to the child or spouse; 
and 
‘‘(bb) the child or spouse 
seeks relief requiring such discre-
tion not later than two years 
after the date of the citizen’s 
death or demonstrates to the sat-
isfaction of the Attorney General 
the existence of extraordinary cir-
cumstances that prevented the 
spouse or child from seeking re-
lief within such period. 
‘‘(iii) EXCLUSIONS.—This subpara-
graph shall not apply to an alien whom the 
Attorney General determines— 
‘‘(I) is inadmissible under— 
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‘‘(aa) paragraph (2) or (3) 
of section 212(a); or 
‘‘(bb) 
subparagraph 
(A), 
(C), or (D) of section 212(a)(10); 
or 
‘‘(II) is deportable under para-
graph (2), (4), or (6) of section 
237(a).’’. 
(b) SECRETARY’S DISCRETION.—Section 212 of the 
Immigration and Nationality Act (8 U.S.C. 1182) is 
amended— 
(1) by redesignating the second subsection (t) 
as subsection (u); and 
(2) by adding at the end the following: 
‘‘(u) SECRETARY’S DISCRETION.— 
‘‘(1) IN GENERAL.—In the case of an alien who 
is the spouse or child of a citizen of the United 
States, the Secretary of Homeland Security may, 
subject to paragraph (2)— 
‘‘(A) waive the application of one or more 
grounds of inadmissibility or deportability in 
connection with an application for an immigra-
tion benefit or request for relief from removal; 
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241 
‘‘(B) decline to issue a notice to appear or 
other charging document requiring such an 
alien to appear for removal proceedings; 
‘‘(C) decline to reinstate an order of re-
moval under section 241(a)(5); or 
‘‘(D) grant such alien permission to re-
apply for admission to the United States or any 
other application for an immigration benefit. 
‘‘(2) LIMITATION ON DISCRETION.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security may exercise discretion de-
scribed in paragraph (1) if the Secretary deter-
mines that removal of the alien or the denial of 
a requested benefit would result in hardship to 
the alien’s United States citizen spouse, parent, 
or child. There shall be a presumption that 
family separation constitutes hardship. 
‘‘(B) WIDOW AND ORPHAN OF DECEASED 
UNITED STATES CITIZEN.—In the case of the 
death of a citizen of the United States, the Sec-
retary of Homeland Security may exercise dis-
cretion described in paragraph (1) with respect 
to an alien who was a child of such citizen, or 
was the spouse of such citizen and was not le-
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gally separated from such citizen on the date of 
the citizen’s death, if— 
‘‘(i) the Secretary determines that the 
denial of a requested benefit would result 
in hardship to the child or spouse; and 
‘‘(ii) the child or spouse seeks relief 
requiring such discretion not later than 
two years after the date of the citizen’s 
death or demonstrates to the satisfaction 
of the Secretary the existence of extraor-
dinary circumstances that prevented the 
spouse or child from seeking relief within 
such period. 
‘‘(3) EXCLUSIONS.—This subsection shall not 
apply to an alien whom the Secretary determines— 
‘‘(A) is inadmissible under— 
‘‘(i) paragraph (2) or (3) of sub-
sections (a); or 
‘‘(ii) subparagraphs (A), (C), or (D) 
of subsection (a)(10); or 
‘‘(B) is deportable under paragraphs (2), 
(4), or (6) of section 237(a).’’. 
(c) NATIONALITY AT BIRTH AND COLLECTIVE NATU-
RALIZATION.—Section 301(g) of the Immigration and Na-
tionality Act (8 U.S.C. 1401(g)) is amended by striking 
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‘‘for a period or periods totaling not less than five years, 
at least two of which were after attaining the age of four-
teen years’’. 
SEC. 3113. MOTIONS TO REOPEN OR RECONSIDER. 
(a) IN GENERAL.—A motion to reopen or reconsider 
the denial of a petition or application or an order of re-
moval for an alien may be granted if such petition, appli-
cation, or order would have been adjudicated in favor of 
the alien had this division, or an amendment made by this 
division, been in effect at the time of such denial or order. 
(b) FILING REQUIREMENT.—A motion under sub-
section (a) shall be filed no later than the date that is 
2 years after the date of the enactment of this division, 
unless the alien demonstrates to the satisfaction of the 
Secretary of Homeland Security or Attorney General, as 
appropriate, the existence of extraordinary circumstances 
that prevented the alien from filing within such period. 
SEC. 3114. TEMPORARY FAMILY VISITATION. 
(a) ESTABLISHMENT OF NEW NONIMMIGRANT VISA 
CATEGORY.—Section 101(a)(15)(B) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(B)) is amend-
ed by striking ‘‘and who is visiting the United States tem-
porarily for business or temporarily for pleasure;’’ and in-
serting ‘‘and who is visiting the United States temporarily 
for— 
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‘‘(i) business; 
‘‘(ii) pleasure; or 
‘‘(iii) family purposes;’’. 
(b) REQUIREMENTS APPLICABLE TO FAMILY PUR-
POSE VISAS.—Section 214 of the Immigration and Na-
tionality Act (8 U.S.C. 1184) is amended by adding at 
the end the following: 
‘‘(s) REQUIREMENTS APPLICABLE TO FAMILY PUR-
POSE VISAS.— 
‘‘(1) DEFINITIONS.—In this subsection and sec-
tion 101(a)(15)(B)(iii): 
‘‘(A) FAMILY PURPOSES.—The term ‘fam-
ily purposes’ means any visit by a relative for 
a social, occasional, or any other purpose. 
‘‘(B) 
RELATIVE.—The 
term 
‘relative’ 
means the spouse, child, son, daughter, grand-
child, parent, grandparent, sibling, uncle, aunt, 
niece, and nephew of a citizen of the United 
States or an alien lawfully admitted for perma-
nent residence. 
‘‘(2) REQUIREMENT.—A relative seeking admis-
sion pursuant to a visa issued under section 
101(a)(15)(B)(iii) is inadmissible unless— 
‘‘(A) the individual petitioning for such ad-
mission, or an additional sponsor, has sub-
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mitted to the Secretary of Homeland Security 
an undertaking under section 213 in the form 
of a declaration of support (Form I–134); and 
‘‘(B) such relative has obtained, for the 
duration of his or her stay in the United States, 
a health insurance policy (such as an additional 
travel health insurance policy or an existing 
health insurance policy that includes travel 
health care costs) with minimum policy require-
ments, as determined by the Secretary. 
‘‘(3) PERIOD
OF
AUTHORIZED
ADMISSION.— 
The period of authorized admission for a non-
immigrant described in section 101(a)(15)(B)(iii) 
shall not exceed 90 days. 
‘‘(4) PETITIONER REQUIREMENT.— 
‘‘(A) IN GENERAL.—An individual may not 
petition for the admission of a relative as a 
nonimmigrant 
described 
in 
section 
101(a)(15)(B)(iii) if the individual previously 
petitioned for the admission of such a relative 
who— 
‘‘(i) was admitted to the United 
States pursuant to a visa issued under that 
section as a result; and 
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