494 
‘‘(12) SECRETARY.—Except as otherwise pro-
vided, the term ‘Secretary’ means the Secretary of 
Homeland Security. 
‘‘(13) TEMPORARY.—A worker is employed on a 
‘temporary’ basis where the employment is intended 
not to exceed 10 months. 
‘‘(14) UNITED
STATES
WORKER.—The term 
‘United States worker’ means any worker, whether 
a national of the United States, an alien lawfully ad-
mitted for permanent residence, or any other alien, 
who is authorized to work in the job opportunity 
within the United States, except an alien admitted 
or 
otherwise 
provided 
status 
under 
section 
101(a)(15)(H)(ii)(a).’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
the Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.) is amended by striking the item relating to section 
218 and inserting the following: 
‘‘Sec. 218. H–2A employer applications. 
‘‘Sec. 218A. H–2A employment requirements. 
‘‘Sec. 218B. Procedure for admission and extension of stay of H–2A workers. 
‘‘Sec. 218C. Worker protections and labor standards enforcement. 
‘‘Sec. 218D. Definitions.’’. 
CHAPTER 4—MISCELLANEOUS 
PROVISIONS 
SEC. 461. DETERMINATION AND USE OF USER FEES. 
(a) SCHEDULE OF FEES.—The Secretary shall estab-
lish and periodically adjust a schedule of fees for the em-
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00494
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
495 
ployment of aliens pursuant to the amendment made by 
section 451(a) of this Act and a collection process for such 
fees from employers. Such fees shall be the only fees 
chargeable to employers for services provided under such 
amendment. 
(b) DETERMINATION OF SCHEDULE.— 
(1) IN
GENERAL.—The schedule under sub-
section (a) shall reflect a fee rate based on the num-
ber of job opportunities indicated in the employer’s 
application under section 218 of the Immigration 
and Nationality Act, as amended by section 451 of 
this Act, and sufficient to provide for the direct 
costs of providing services related to an employer’s 
authorization to employ aliens pursuant to the 
amendment made by section 451(a) of this Act, to 
include the certification of eligible employers, the 
issuance of documentation, and the admission of eli-
gible aliens. 
(2) PROCEDURE.— 
(A) IN GENERAL.—In establishing and ad-
justing such a schedule, the Secretary shall 
comply with Federal cost accounting and fee 
setting standards. 
(B) PUBLICATION
AND
COMMENT.—The 
Secretary shall publish in the Federal Register 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00495
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
496 
an initial fee schedule and associated collection 
process and the cost data or estimates upon 
which such fee schedule is based, and any sub-
sequent amendments thereto, pursuant to which 
public comment shall be sought and a final rule 
issued. 
(c) USE OF PROCEEDS.—Notwithstanding any other 
provision of law, all proceeds resulting from the payment 
of the fees pursuant to the amendment made by section 
451(a) of this Act shall be available without further appro-
priation and shall remain available without fiscal year lim-
itation to reimburse the Secretary, the Secretary of State, 
and the Secretary of Labor for the costs of carrying out— 
(1) sections 218 and 218B of the Immigration 
and Nationality Act, as amended and added, respec-
tively, by section 451 of this Act; and 
(2) the provisions of this Act. 
SEC. 462. REGULATIONS. 
(a) REQUIREMENT FOR THE SECRETARY TO CON-
SULT.—The Secretary shall consult with the Secretary of 
Labor and the Secretary of Agriculture during the promul-
gation of all regulations to implement the duties of the 
Secretary under this Act and the amendments made by 
this Act. 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00496
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
497 
(b) REQUIREMENT FOR THE SECRETARY OF STATE 
TO CONSULT.—The Secretary of State shall consult with 
the Secretary, the Secretary of Labor, and the Secretary 
of Agriculture on all regulations to implement the duties 
of the Secretary of State under this Act and the amend-
ments made by this Act. 
(c) REQUIREMENT FOR THE SECRETARY OF LABOR 
TO CONSULT.—The Secretary of Labor shall consult with 
the Secretary of Agriculture and the Secretary on all regu-
lations to implement the duties of the Secretary of Labor 
under this Act and the amendments made by this Act. 
(d) DEADLINE FOR ISSUANCE OF REGULATIONS.— 
All regulations to implement the duties of the Secretary, 
the Secretary of State, and the Secretary of Labor created 
under sections 218, 218A, 218B, 218C, and 218D of the 
Immigration and Nationality Act, as amended or added 
by section 451 of this Act, shall take effect on the effective 
date of section 451 and shall be issued not later than 1 
year after the date of enactment of this Act. 
SEC. 463. REPORTS TO CONGRESS. 
(a) ANNUAL REPORT.—Not later than September 30 
of each year, the Secretary shall submit a report to Con-
gress that identifies, for the previous year— 
(1) the number of job opportunities approved 
for employment of aliens admitted under section 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00497
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
498 
101(a)(15)(H)(ii)(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)), and the 
number of workers actually admitted, disaggregated 
by State and by occupation; 
(2) the number of such aliens reported to have 
abandoned employment pursuant to subsection 
(e)(2) of section 218B of such Act, as added by sec-
tion 451; 
(3) the number of such aliens who departed the 
United States within the period specified in sub-
section (d) of such section 218B; 
(4) the number of aliens who applied for blue 
card status pursuant to section 431(a); 
(5) the number of aliens who were granted such 
status pursuant section 431(a); 
(6) the number of aliens who applied for an ad-
justment of status pursuant to section 433(a); and 
(7) the number of aliens who received an ad-
justment of status pursuant section 433(a). 
(b) IMPLEMENTATION REPORT.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary shall prepare and submit to Congress a report that 
describes the measures being taken and the progress made 
in implementing this Act. 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00498
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
499 
SEC. 464. EFFECTIVE DATE. 
The amendments made by section 451 and section 
461 shall take effect 1 year after the date of the enact-
ment of this Act. 
TITLE V—STRENGTHENING THE 
U.S. ECONOMY AND WORKFORCE 
Subtitle A—Immigration and Labor 
CHAPTER 1—IMMIGRATION AND LABOR 
MARKETS 
SEC. 501. COMMISSION ON IMMIGRATION AND LABOR MAR-
KETS. 
(a) ESTABLISHMENT OF COMMISSION.— 
(1) IN GENERAL.—There is established a per-
manent, independent, Federal agency within the Ex-
ecutive Branch of the United States to be known as 
the Commission on Immigration and Labor Markets 
(referred to in this section as the ‘‘Commission’’). 
(2) PURPOSES.—Through objective, thorough, 
accurate and nonpartisan review and analysis, the 
purposes of the Commission are to— 
(A) establish employment-based immigra-
tion policies that promote America’s economic 
growth and competitiveness while minimizing 
job displacement, wage depression and unau-
thorized employment in the United States; 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00499
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
500 
(B) create and implement a policy-focused 
research agenda on the economic impacts of im-
migration at the national, regional, State, in-
dustry and occupation levels; 
(C) collect and analyze information about 
employment-based immigration and the labor 
market and share the data and analysis with 
lawmakers, researchers and the American pub-
lic; 
(D) recommend to the Congress and the 
President on a regular basis an evidence-based 
methodology for determining the level of em-
ployment-based immigration; and 
(E) recommend to Congress and the Presi-
dent the numeric levels and characteristics of 
workers to be admitted in various employment- 
based visa categories. 
(3) MEMBERSHIP.—The Commission shall be 
composed of— 
(A) 7 voting members— 
(i) who shall be appointed by the 
President, with the advice and consent of 
the Senate, no later than 6 months after 
the date of the enactment of this Act; 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00500
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
501 
(ii) who shall serve for 5-year stag-
gered terms; 
(iii) one of whom the President shall 
appoint as Chair of the Commission to 
serve a 6-year term, which can be extended 
for 1 additional 3-year term; 
(iv) who shall have expertise in eco-
nomics, demography, sociology, labor, busi-
ness, civil rights, immigration or other per-
tinent qualifications or experience; and 
(v) not more than 4 of whom may be 
members of the same political party; and 
(B) 8 ex-officio members, including— 
(i) the Secretary; 
(ii) the Secretary of State; 
(iii) the Attorney General; 
(iv) the Secretary of Labor; 
(v) the Secretary of Commerce; 
(vi) the Secretary of Health and 
Human Services; 
(vii) the Secretary of Agriculture; and 
(viii) the Commissioner of Social Se-
curity. 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00501
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
502 
(4) VACANCIES.—Any vacancy in the Commis-
sion shall be filled in the same manner as the origi-
nal appointment. 
(5) MEETINGS.— 
(A) INITIAL
MEETING.—The Commission 
shall meet and begin carrying out the duties de-
scribed in subsection (b) as soon as practicable. 
(B) SUBSEQUENT
MEETINGS.—After its 
initial meeting, the Commission shall meet upon 
the call of the Chair or a majority of its mem-
bers. 
(C) QUORUM.—Five voting members of the 
Commission shall constitute a quorum. 
(b) DUTIES OF THE COMMISSION.—The Commission 
shall— 
(1) collect, analyze and publish data regard-
ing— 
(A) the historic migration patterns to and 
from the United States and demographic 
trends, including the birth rate, education lev-
els, and age profiles of the immigrant and na-
tive population of the United States; 
(B) the impact of employment-based immi-
gration— 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00502
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
503 
(i) at the national, regional, State and 
local levels; 
(ii) within industries and business sec-
tors; 
(iii) on occupations and occupational 
levels; 
(iv) on small business; and 
(v) on employment and unemployment 
levels; 
(C) the current and anticipated needs of 
employers for skilled and unskilled labor; 
(D) the current and anticipated supply of 
skilled and unskilled labor; 
(E) the impact of employment-based immi-
gration on the economic growth and competi-
tiveness and labor standards, conditions, and 
wages; 
(F) the extent and impact of unauthorized 
employment in the United States; 
(G) the factors that determine the eco-
nomic success of immigrants to the United 
States; and 
(H) any other matters regarding the im-
pact of employment-based immigration that the 
Commission considers appropriate; 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00503
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
504 
(2) after soliciting and reviewing input from the 
public, develop and publish in the Federal Register 
a plan for the performance of its duties, including a 
description of the methodologies it will employ to 
measure the need for immigrant workers or non-
immigrant foreign workers in different regions, 
States, industries and occupations; 
(3) submit to the Congress, according to the 
procedures in subsection (c), the methodologies it 
proposes to use to determine the need for immigrant 
workers and nonimmigrant foreign workers; 
(4) submit to the Congress, according to the 
procedures in subsection (c), any amendments which 
the Commission deems appropriate to the numeric 
levels of visas established by the Immigration and 
Nationality Act for temporary or permanent employ-
ment; 
(5) annually thereafter, submit a report to the 
President and Congress that— 
(A) contains any amendments to the nu-
meric levels set according to the procedures in 
subsection (c)(2), which shall take effect in the 
same manner described therein unless dis-
approved by the passage of a resolution in Con-
gress; and 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00504
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
505 
(B) makes other recommendations regard-
ing employment-based visas or immigration, in-
cluding legislative or administrative action, that 
the Commission determines to be in the na-
tional interest; and 
(6) establish collaborative relationships with 
international organizations and agencies in countries 
of origin to encourage the deposit of remittances 
with financial institutions that will reinvest the re-
mittances received from the United States to pro-
mote job development in those countries of origin 
that have sent immigrants to the United States. 
(c) PROCEDURES
TO
DETERMINE
APPROPRIATE 
LEVEL OF EMPLOYMENT-BASED IMMIGRATION FOR TEM-
PORARY OR PERMANENT EMPLOYMENT.— 
(1) METHODOLOGY.—Not later than 12 months 
after Congress appropriates funds for its operation, 
the Commission shall submit to Congress the meth-
odologies it proposes to use to determine the need 
for immigrant workers and nonimmigrant foreign 
workers. Congress shall have 90 days to enact a res-
olution of disapproval. In the absence of such action, 
the methodologies shall stand approved. 
(2) INITIAL DETERMINATION OF NUMERIC LEV-
ELS.—At the beginning of the first regular session 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00505
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
506 
of Congress after the methodologies in paragraph 
(1) have been approved, but not later than the first 
day of April, the Commission shall submit to Con-
gress the numeric levels of visas it recommends, by 
majority vote, to be made available for temporary or 
permanent employment under the Immigration and 
Nationality Act and a statement of the reasons 
therefore. Congress shall have 90 days to enact a 
resolution of disapproval. In absence of such action, 
the numeric levels shall stand approved and be im-
plemented at the start of the next fiscal year. 
(3) ANNUAL DETERMINATIONS.—Once the ini-
tial determination of numeric levels is established, 
the Commission shall annually thereafter submit to 
Congress any increase or decrease in numeric levels 
of employment-based immigration it recommends by 
majority vote, which shall be disapproved by Con-
gress in the same manner as in clause (2), or stand 
approved for the next fiscal year. 
(d) POWERS OF THE COMMISSION.— 
(1) The Commission, by vote of a majority of 
the members present and voting, shall have the 
power to— 
(A) establish general policies and promul-
gate such rules and regulations for the Commis-
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00506
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
507 
sion as are necessary to carry out the purposes 
of this section; 
(B) appoint and fix the salary and duties 
of the Staff Director of the Commission, who 
shall serve at the discretion of the Commission 
and who shall be compensated at a rate not to 
exceed the highest rate now or hereafter pre-
scribed for Level 6 of the Senior Executive 
Service Schedule (5 U.S.C. 5382), and such 
other personnel as may be necessary to enable 
the Commission to carry out its functions; 
(C) deny, revise, or ratify any request for 
regular, supplemental, or deficiency appropria-
tions prior to any submission of such request to 
the Office of Management and Budget by the 
Chair; 
(D) utilize, with their consent, the services, 
equipment, personnel, information, and facilities 
of other Federal, State, local, and private agen-
cies and instrumentalities with or without reim-
bursement therefor; 
(E) without regard to section 3324 of title 
31, United States Code, enter into and perform 
such contracts, leases, cooperative agreements, 
and other transactions as may be necessary in 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00507
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
508 
the conduct of the functions of the Commission, 
with any public agency, or with any person, 
firm, association, corporation, educational insti-
tution, or nonprofit organization; 
(F) accept and employ, in carrying out the 
provisions of this title, voluntary and uncom-
pensated services, notwithstanding the provi-
sions of section 1342 of title 31, United States 
Code, however, individuals providing such serv-
ices shall not be considered Federal employees 
except for purposes of chapter 81 of title 5, 
United States Code, with respect to job-in-
curred disability and title 28, United States 
Code, with respect to tort claims; 
(G) request such information, data, and re-
ports from any Federal agency as the Commis-
sion may from time to time require and as may 
be produced consistent with other law; 
(H) arrange with the head of any other 
Federal agency for the performance by such 
agency of any function of the Commission, with 
or without reimbursement; 
(I) establish a research and development 
program within the Commission for the purpose 
of understanding and documenting the effects 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00508
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
509 
of immigration and the temporary admission of 
foreign workers on the labor market and na-
tional competitiveness; 
(J) collect systematically the data obtained 
from studies, research, and the empirical expe-
rience of public and private agencies concerning 
the need for and effects of employment-based 
immigration 
and 
the 
admission 
of 
non-
immigrant workers; 
(K) interview and confer with State and 
local officials, representatives of labor and in-
dustry, and experts in academia to obtain infor-
mation about the need for or benefit of addi-
tional immigrant or nonimmigrant workers; 
(L) make recommendations to Congress 
concerning modification or enactment of stat-
utes relating to matters that the Commission 
finds to be necessary and advisable to carry out 
an effective employment-based immigration pol-
icy; 
(M) hold hearings and call witnesses to as-
sist the Commission in the exercise of its pow-
ers or duties; 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00509
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
510 
(N) retain and, in its discretion pay rea-
sonable attorneys’ fees out if its appropriated 
funds to, private attorneys who— 
(i) shall provide legal advice to the 
Commission in the conduct of its work, or 
to appear for or represent the Commission 
in any case in which the Commission is au-
thorized by law to represent itself, or in 
which the Commission is representing itself 
with the consent of the Department of 
Justice; and 
(ii) when serving as officers or em-
ployees of the United States, shall be con-
sidered special government employees as 
defined in section 202(a) of title 18; and 
(O) grant incentive awards to its employ-
ees pursuant to chapter 45 of title 5, United 
States Code. 
(2) The Commission shall have such other pow-
ers and duties and shall perform such other func-
tions as may be necessary to carry out the purposes 
of this section, and may delegate to any member or 
designated person such powers as may be appro-
priate. 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00510
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
511 
(e) INFORMATION AND ASSISTANCE FROM FEDERAL 
AGENCIES.— 
(1) INFORMATION.—The head of any Federal 
department or agency that receives a request from 
the Commission for information, including sugges-
tions, estimates, and statistics, as the Commission 
considers necessary to carry out the provisions of 
this section, shall furnish such information to the 
Commission, to the extent allowed by law. 
(2) ASSISTANCE.— 
(A) 
GENERAL
SERVICES
ADMINISTRA-
TION.—The Administrator of General Services 
shall, on a reimbursable basis, provide the Com-
mission with administrative support and other 
services for the performance of the Commis-
sion’s functions. 
(B) OTHER FEDERAL AGENCIES.—The de-
partments and agencies of the United States 
may provide the Commission with such services, 
funds, facilities, staff, and other support serv-
ices as heads of such departments and agencies 
determine advisable and authorized by law. 
(f) PERSONNEL MATTERS.— 
(1) STAFF.— 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00511
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
512 
(A) Except as provided under subpara-
graph (B), any personnel of the Commission 
who are employees shall be considered to be em-
ployees under section 2105 of title 5, United 
States Code, for purposes of chapters 63, 81, 
83, 84, 85, 87, 89 and 90 of such title. 
(B) Subparagraph (A) shall not apply to 
members of the Commission. 
(2) DETAILEES.—Any employee of the Federal 
Government may be detailed to the Commission 
without reimbursement from the Commission. Such 
detailee shall retain the rights, status, and privileges 
of his or her regular employment without interrup-
tion. 
(3) CONSULTANT SERVICES.—The Commission 
may procure the services of experts and consultants 
in accordance with section 3109 of title 5, United 
States Code, at rates not to exceed the daily rate 
paid a person occupying a position at level IV of Ex-
ecutive Schedule under section 5315 of such title 5. 
(g) COMPENSATION AND TRAVEL EXPENSES.— 
(1) COMPENSATION.—Each voting member of 
the Commission may be compensated at a rate not 
to exceed the daily equivalent of the annual rate of 
basic pay in effect for a position at level IV of the 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00512
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
513 
Executive Schedule under section 5315 of title 5, 
United States Code, for each day during which that 
member is engaged in the actual performance of the 
duties of the Commission. 
(2) TRAVEL EXPENSES.—Members of the Com-
mission shall be allowed travel expenses, including 
per diem in lieu of subsistence, in the same manner 
as persons employed intermittently in Government 
service are allowed expenses under section 5703(b) 
of title 5, United States Code, while away from their 
homes or regular places of business in performance 
of services for the Commission. 
(h) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to carry out the purposes of this section 
such sums as may be necessary. 
SEC. 502. SECURITY AND PROSPERITY ACCOUNT. 
Section 286 (8 U.S.C. 1356) is amended by adding 
at the end the following new subsection: 
‘‘(w) PROSPERITY ACCOUNT.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the general fund of the Treasury an account, which 
shall be known as the ‘Security and Prosperity Ac-
count’. 
‘‘(2) DEPOSITS.—Notwithstanding any other 
provision of this Act, there shall be deposited as off-
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00513
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
514 
setting receipts into the Security and Prosperity Ac-
count— 
‘‘(A) all fines collected under section 
401(g)(2)(B) of the CIR ASAP Act of 2013; 
and 
‘‘(B) all fees collected under section 
401(g)(2)(A) of such Act. 
‘‘(3) USE OF FUNDS.—The fees and fines de-
posited into the Security and Prosperity Fund shall 
be allocated as follows: 
‘‘(A) 25 percent shall be allocated for 
‘Training and Employment Services’ for activi-
ties under the Workforce Investment Act (WIA) 
of 1998 which shall distributed as follows: 
‘‘(i) 25 percent for grants to the 
States for adult employment and training 
activities. 
‘‘(ii) 20 percent for grants to the 
States for dislocated worker employment 
and training activities. 
‘‘(iii) 10 percent shall be allocated for 
the dislocated workers assistance national 
reserve, except that— 
‘‘(I) such funds shall be made 
available for grants only to eligible en-
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00514
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
515 
tities that serve areas of high unem-
ployment or high poverty and only for 
purposes 
described 
in 
subsection 
173(a)(1) of the WIA; and 
‘‘(II) the Secretary of Labor shall 
ensure that applicants for such funds 
demonstrate how income support, 
child care and other supportive serv-
ices necessary for an individual’s par-
ticipation in job training will be pro-
vided; and 
‘‘(iv) 45 percent for a program of 
competitive grants for worker training and 
placement in high growth and emerging in-
dustry sectors. 
‘‘(B) 5 percent shall be allocated for the 
American Worker Recruit and Match System 
described in section 503 of the CIR ASAP Act 
of 2013. 
‘‘(C) 10 percent shall be allocated to the 
Secretary of Homeland Security for the proc-
essing of immigration benefits applications and 
to subsidize the costs of immigration benefits 
applications described in section 321. 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00515
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
516 
‘‘(D) 3 percent shall be allocated to imple-
ment title VI of the CIR ASAP Act of 2013. 
‘‘(E) 2 percent shall be allocated for the 
establishment and operations of the Commis-
sion on Labor Markets and Immigration as de-
scribed in section 501 of such Act. 
‘‘(F) 30 percent shall be allocated to im-
plement the amendments made by title II of the 
CIR ASAP Act of 2013, and enforcement ef-
forts mandated in such amendments to ensure 
compliance with the employment practices de-
scribed in such amendments. 
‘‘(G) 25 percent distributed equally among 
the programs established in title I of the CIR 
ASAP Act of 2013 for border security, deten-
tion, and enforcement.’’. 
SEC. 503. AMERICAN RECRUIT AND MATCH SYSTEM. 
(a) ESTABLISHMENT
OF PROGRAM.—Each State 
Workforce Agency (SWA) shall establish an Internet- 
based program entitled ‘‘American Worker Recruit and 
Match’’ program, to be incorporated with existing SWA 
Web-based job search engines, if any— 
(1) whereby employers may electronically post 
employment opportunities in fields and occupations 
that have traditionally relied on unauthorized labor, 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00516
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
517 
such as hospitality, agriculture, construction, domes-
tic services, food services and as determined by the 
Secretary of Labor; 
(2) whereby individuals may electronically post 
employment profiles; and 
(3) that shall be searchable and shall match 
employers with qualified individuals. 
(b) SINGLE INTERNET LINK.—The Secretary of 
Labor shall establish a publicly accessible Web page on 
the Internet website of the Department of Labor that pro-
vides a single internet link to each State workforce agen-
cy’s American Worker Recruit and Match program. 
(c) EDUCATION.—Each State workforce agency shall 
conduct monthly seminars that shall be publicly noticed, 
to educate employers and individuals regarding use of the 
American Recruit and Match System. 
(d) FUNDING.—Fees and fines deposited in the Pros-
perity Fund under section 286(w)(3)(B) of the Immigra-
tion and Nationality Act may be used to carry out this 
section. 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00517
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
518 
CHAPTER 2—PROTECTION OF WORKERS 
RECRUITED ABROAD 
SEC. 
511. 
PROTECTIONS 
FOR 
WORKERS 
RECRUITED 
ABROAD. 
(a) BASIC REQUIREMENTS.—(1) Each employer and 
foreign labor contractor who engages in foreign labor con-
tracting activity shall ascertain and disclose to each such 
worker who is recruited for employment the following in-
formation at the time of the worker’s recruitment: 
(A) The place of employment. 
(B) The compensation for the employment. 
(C) A description of employment activities. 
(D) The period of employment. 
(E) The transportation, housing, and any other 
employee benefit to be provided and any costs to be 
charged for each benefit. 
(F) The existence of any labor organizing ef-
fort, strike, lockout, or other labor dispute at the 
place of employment. 
(G) The existence of any arrangements with 
any owner or agent of any establishment in the area 
of employment under which the contractor or em-
ployer is to receive a commission or any other ben-
efit resulting from any sales (including the provision 
of services) by such establishment to the workers. 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00518
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
519 
(H) Whether and the extent to which workers 
will be compensated through workers’ compensation, 
private insurance, or otherwise for injuries or death, 
including work related injuries and death, during the 
period of employment and, if so, the name of the 
State workers’ compensation insurance carrier or the 
name of the policyholder of the private insurance, 
the name and the telephone number of each person 
who must be notified of an injury or death, and the 
time period within which such notice must be given. 
(I) Any education or training to be provided or 
made available, including the nature and cost of 
such training, who will pay such costs, and whether 
the training is a condition of employment, continued 
employment, or future employment. 
(J) A statement, approved by the Secretary of 
Labor, describing the protections of this part for 
workers recruited abroad. 
(2) No foreign labor contractor or employer shall 
knowingly provide false or misleading information to any 
worker concerning any matter required to be disclosed in 
paragraph (1). 
(3) The information required to be disclosed by para-
graph (1) to workers shall be provided in written form. 
Such information shall be provided in English or, as nec-
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00519
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
520 
essary and reasonable, in the language of the worker being 
recruited. The Department of Labor shall make forms 
available in English, Spanish, and other languages, as nec-
essary, which may be used in providing workers with infor-
mation required under this section. 
(4) No fees may be charged to a worker for recruit-
ment. 
(5) No employer or foreign labor contractor shall, 
without justification, violate the terms of any working ar-
rangement made by that contractor or employer. 
(6) The employer shall pay the transportation costs, 
including subsistence costs during the period of travel, for 
the worker from the place of recruitment to the place of 
employment and from the place of employment to such 
worker’s place of permanent residence. 
(7)(A) It shall be unlawful for an employer or a for-
eign labor contractor to fail or refuse to hire or to dis-
charge any individual, or otherwise discriminate against 
an individual with respect to compensation, terms, condi-
tions, or privileges of employment because such individ-
ual’s race, color, creed, sex, national origin, religion, age, 
or disability. 
(B) For the purposes of determining the existence of 
unlawful discrimination under subclause (A)— 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00520
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
521 
(i) in the case of a claim of discrimination 
based on race, color, creed, sex, national origin, or 
religion, the same legal standards shall apply as are 
applicable under title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.); 
(ii) in the case of a claim of discrimination 
based on unlawful discrimination based on age, the 
same legal standards shall apply as are applicable 
under the Age Discrimination in Employment Act of 
1967 (29 U.S.C. 621 et seq.); and 
(iii) in the case of a claim of discrimination 
based on disability, the same legal standards shall 
apply as are applicable under title I of the Ameri-
cans With Disabilities Act (42 U.S.C. 12101 et 
seq.). 
(b) OTHER WORKER PROTECTIONS.—(1) Each em-
ployer shall notify the Secretary of the identity of any for-
eign labor contractor involved in any foreign labor con-
tractor activity for or on behalf of the employer. The em-
ployer shall be subject to the civil remedies of this chapter 
for violations committed by such foreign labor contractor 
to the same extent as if the employer had committed the 
violation. The employer shall notify the Secretary of the 
identity of such a foreign labor contractor whose activities 
do not comply with this chapter. 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00521
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
522 
(2) The Secretary shall maintain a list of all foreign 
labor contractors whom the Secretary knows or believes 
have been involved in violations of this chapter, and make 
that list publicly available. The Secretary shall provide a 
procedure by which an employer, a foreign labor con-
tractor, or someone acting on behalf of such contractor 
may seek to have a foreign labor contractor’s name re-
moved from such list by demonstrating to the Secretary’s 
satisfaction that the foreign labor contractor has not vio-
lated this chapter in the previous five years. 
(3) No foreign labor contractor shall violate, without 
justification, the terms of any written agreements made 
with an employer pertaining to any contracting activity or 
worker protection under this chapter. 
(c) DISCRIMINATION PROHIBITED AGAINST WORK-
ERS SEEKING RELIEF UNDER THIS CHAPTER.—No per-
son shall intimidate, threaten, restrain, coerce, blacklist, 
discharge, or in any manner discriminate against any 
worker because such worker has, with just cause, filed any 
complaint or instituted, or caused to be instituted, any 
proceeding under or related to this chapter, or has testi-
fied or is about to testify in any such proceedings, or be-
cause of the exercise, with just cause, by such worker on 
behalf of himself or others of any right or protection af-
forded by this chapter. 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00522
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
523 
SEC. 512. ENFORCEMENT PROVISIONS. 
(a) CRIMINAL SANCTIONS.—Whoever knowingly vio-
lates this chapter shall be fined under title 18, United 
States Code, or imprisoned not more than one year, or 
both. Upon conviction, after a first conviction under this 
section, for a second or subsequent violation of this chap-
ter, the defendant shall be fined under title 18, United 
States Code, or imprisoned not more than three years, or 
both. 
(b) ADMINISTRATIVE SANCTIONS.—(1)(A) Subject to 
subparagraph (B), the Secretary may assess a civil money 
penalty of not more than $5,000 on any person who vio-
lates this chapter. 
(B) In determining the amount of any penalty to be 
assessed under subparagraph (A), the Secretary shall take 
into account (i) the previous record of the person in terms 
of compliance with this chapter and with comparable re-
quirements of the Fair Labor Standards Act of 1938, and 
with regulations promulgated under such Acts, and (ii) the 
gravity of the violation. 
(2) Any employer who uses the services of a foreign 
labor contractor who is on the list maintained by the Sec-
retary pursuant to section 2(b)(2), shall, if the actions of 
such foreign labor contractor have contributed to a viola-
tion of this chapter by the employer, be fined $10,000 per 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00523
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
524 
violation in addition to any other fines or penalties for 
which the employer may be liable for the violation. 
(c) ACTIONS BY SECRETARY.—The Secretary may 
take such actions, including seeking appropriate injunctive 
relief and specific performance of contractual obligations, 
as may be necessary to assure employer compliance with 
terms and conditions of employment under this chapter 
and with this chapter. 
(d) WAIVER OF RIGHTS.—Agreements by employees 
purporting to waive or to modify their rights under this 
chapter shall be void as contrary to public policy. 
(e) REPRESENTATION IN COURT.—Except as pro-
vided in section 518(a) of title 28, United States Code, 
relating to litigation before the Supreme Court, the Solic-
itor of Labor may appear for and represent the Secretary 
in any civil litigation brought under this chapter, but all 
such litigation shall be subject to the direction and control 
of the Attorney General. 
SEC. 513. PROCEDURES IN ADDITION TO OTHER RIGHTS OF 
EMPLOYEES. 
The rights and remedies provided to workers by this 
chapter are in addition to, and not in lieu of, any other 
contractual or statutory rights and remedies of the work-
ers, and are not intended to alter or affect such rights 
and remedies. 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00524
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
525 
SEC. 514. AUTHORITY TO PRESCRIBE REGULATIONS. 
The Secretary of Labor shall prescribe such regula-
tions as may be necessary to carry out this chapter. 
SEC. 515. DEFINITIONS. 
(a) IN GENERAL.—Except as otherwise provided by 
this chapter, for purposes of this chapter the terms used 
in this chapter shall have the same meanings, respectively, 
as are given those terms in section 3 of the Fair Labor 
Standards Act of 1938. 
(b) OTHER DEFINITIONS.—As used in this chapter: 
(1) The term ‘‘State’’ means any State of the 
United States and includes the District of Columbia, 
Puerto Rico, Guam, American Samoa, the Common-
wealth of the Northern Mariana Islands, and the 
Virgin Islands of the United States. 
(2) The term ‘‘foreign labor contractor’’ means 
any person who for any money or other valuable 
consideration paid or promised to be paid, performs 
any foreign labor contracting activity. 
(3) The term ‘‘foreign labor contracting activ-
ity’’ means recruiting, soliciting, hiring, employing, 
or furnishing, an individual who resides outside of 
the United States to be employed in the United 
States. 
(4) The term ‘‘Secretary’’ means the Secretary 
of Labor. 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00525
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
526 
(5) The term ‘‘worker’’ means an individual 
who is the subject of foreign labor contracting activ-
ity. 
CHAPTER 3—TECHNICAL CORRECTION 
SEC. 521. TECHNICAL CORRECTION. 
Section 212 of the Immigration and Nationality Act 
is amended by redesignating the second subsection (t), as 
added by section 1(b)(2)(B) of the Act entitled ‘‘An Act 
to amend and extend the Irish Peace Process Cultural and 
Training Program Act of 1998’’ (Public Law 108–449 
(118 Stat. 3470)), as subsection (u). 
Subtitle B—Reforms of Certain 
Classes of Employment-Based Visas 
CHAPTER 1—H–1B VISA FRAUD AND 
ABUSE PROTECTIONS 
Subchapter A—H–1B Employer Application 
Requirements 
SEC. 
531. 
MODIFICATION 
OF 
APPLICATION 
REQUIRE-
MENTS. 
(a) GENERAL APPLICATION REQUIREMENTS.—Sub-
paragraph (A) of section 212(n)(1) of the Immigration 
and Nationality Act (8 U.S.C. 1182(n)(1)) is amended to 
read as follows: 
‘‘(A) The employer— 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00526
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
527 
‘‘(i) is offering and will offer to H–1B non-
immigrants, during the period of authorized 
employment for each H–1B nonimmigrant, 
wages that are determined based on the best in-
formation available at the time the application 
is filed and which are not less than the highest 
of— 
‘‘(I) the locally determined prevailing 
wage level for the occupational classifica-
tion in the area of employment; 
‘‘(II) the median average wage for all 
workers in the occupational classification 
in the area of employment; and 
‘‘(III) the median wage for skill level 
2 in the occupational classification found 
in the most recent Occupational Employ-
ment Statistics survey; and 
‘‘(ii) will provide working conditions for 
such H–1B nonimmigrant that will not ad-
versely affect the working conditions of other 
workers similarly employed.’’. 
(b) INTERNET POSTING REQUIREMENT.—Subpara-
graph (C) of such section 212(n)(1) is amended— 
(1) by redesignating clause (ii) as subclause 
(II); 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00527
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
528 
(2) by striking ‘‘(i) has provided’’ and inserting 
the following: 
‘‘(ii)(I) has provided’’; and 
(3) by inserting before clause (ii), as redesig-
nated by paragraph (2) of this subsection, the fol-
lowing: 
‘‘(i) has posted on the Internet website de-
scribed in paragraph (3), for at least 30 cal-
endar days, a detailed description of each posi-
tion for which a nonimmigrant is sought that 
includes a description of— 
‘‘(I) the wages and other terms and 
conditions of employment; 
‘‘(II) the minimum education, train-
ing, experience, and other requirements for 
the position; and 
‘‘(III) the process for applying for the 
position; and’’. 
(c) WAGE DETERMINATION INFORMATION.—Sub-
paragraph (D) of such section 212(n)(1) is amended by 
inserting ‘‘the wage determination methodology used 
under subparagraph (A)(i),’’ after ‘‘shall contain’’. 
(d) APPLICATION OF REQUIREMENTS TO ALL EM-
PLOYERS.— 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00528
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
529 
(1) NONDISPLACEMENT.—Subparagraph (E) of 
such section 212(n)(1) is amended— 
(A) in clause (i)— 
(i) by striking ‘‘90 days’’ both places 
it appears and inserting ‘‘180 days’’; and 
(ii) by striking ‘‘(i) In the case of an 
application described in clause (ii), the’’ 
and inserting ‘‘The’’; and 
(B) by striking clause (ii). 
(2) RECRUITMENT.—Subparagraph (G)(i) of 
such section 212(n)(1) is amended by striking ‘‘In 
the case of an application described in subparagraph 
(E)(ii), subject’’ and inserting ‘‘Subject’’. 
(e) REQUIREMENT FOR WAIVER.—Subparagraph (F) 
of such section 212(n)(1) is amended to read as follows: 
‘‘(F) The employer shall not place, outsource, 
lease, or otherwise contract for the services or place-
ment of H–1B nonimmigrants with another em-
ployer unless the employer of the alien has been 
granted a waiver under paragraph (2)(E).’’. 
SEC. 532. NEW APPLICATION REQUIREMENTS. 
Section 212(n)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1182(n)(1)) is amended by inserting after 
clause (ii) of subparagraph (G) the following: 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00529
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
530 
‘‘(H)(i) The employer has not advertised any 
available position specified in the application in an 
advertisement that states or indicates that— 
‘‘(I) such position is only available to an 
individual who is or will be an H–1B non-
immigrant; or 
‘‘(II) an individual who is or will be an H– 
1B nonimmigrant shall receive priority or a 
preference in the hiring process for such posi-
tion. 
‘‘(ii) The employer has not solely recruited indi-
viduals who are or who will be H–1B nonimmigrants 
to fill such position. 
‘‘(I) If the employer employs 50 or more em-
ployees in the United States, the sum of the number 
of such employees who are H–1B nonimmigrants 
plus the number of such employees who are non-
immigrants described in section 101(a)(15)(L) may 
not exceed 50 percent of the total number of em-
ployees. 
‘‘(J) If the employer, in such previous period as 
the Secretary shall specify, employed 1 or more H– 
1B nonimmigrants, the employer shall submit to the 
Secretary the Internal Revenue Service Form W–2 
Wage and Tax Statement filed by the employer with 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00530
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
531 
respect to the H–1B nonimmigrants for such pe-
riod.’’. 
SEC. 533. APPLICATION REVIEW REQUIREMENTS. 
(a) TECHNICAL AMENDMENT.—Section 212(n)(1) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(n)(1)), as amended by section 102, is further 
amended in the undesignated paragraph at the end, by 
striking ‘‘The employer’’ and inserting the following: 
‘‘(K) The employer.’’. 
(b) APPLICATION REVIEW REQUIREMENTS.—Sub-
paragraph (K) of such section 212(n)(1), as designated 
by subsection (a), is amended— 
(1) by inserting ‘‘and through the Department 
of Labor’s website, without charge.’’ after ‘‘D.C.’’; 
(2) by striking ‘‘only for completeness’’ and in-
serting ‘‘for completeness and clear indicators of 
fraud or misrepresentation of material fact,’’; 
(3) by striking ‘‘or obviously inaccurate’’ and 
inserting ‘‘, presents clear indicators of fraud or 
misrepresentation of material fact, or is obviously in-
accurate’’; 
(4) by striking ‘‘within 7 days of’’ and inserting 
‘‘not later than 14 days after’’; and 
(5) by adding at the end the following: ‘‘If the 
Secretary’s review of an application identifies clear 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00531
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
532 
indicators of fraud or misrepresentation of material 
fact, the Secretary may conduct an investigation and 
hearing in accordance with paragraph (2).’’. 
Subchapter B—Investigation and Disposition 
of Complaints Against H–1B 
SEC. 541. GENERAL MODIFICATION OF PROCEDURES FOR 
INVESTIGATION AND DISPOSITION. 
Subparagraph (A) of section 212(n)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(n)(2)) is 
amended— 
(1) by striking ‘‘(A) Subject’’ and inserting 
‘‘(A)(i) Subject’’; 
(2) by striking ‘‘12 months’’ and inserting ‘‘24 
months’’; 
(3) by striking the last sentence; and 
(4) by adding at the end the following: 
‘‘(ii)(I) Upon the receipt of such a com-
plaint, the Secretary may initiate an investiga-
tion to determine if such a failure or misrepre-
sentation has occurred. 
‘‘(II) The Secretary may conduct surveys 
of the degree to which employers comply with 
the requirements of this subsection and may 
conduct annual compliance audits of employers 
that employ H–1B nonimmigrants. 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00532
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
533 
‘‘(III) The Secretary shall— 
‘‘(aa) conduct annual compliance au-
dits of not less than 1 percent of the em-
ployers that employ H–1B nonimmigrants 
during the applicable calendar year; 
‘‘(bb) conduct annual compliance au-
dits of each employer with more than 100 
employees who work in the United States 
if more than 15 percent of such employees 
are H–1B nonimmigrants; and 
‘‘(cc) make available to the public an 
executive summary or report describing the 
general findings of the audits carried out 
pursuant to this subclause.’’. 
SEC. 542. INVESTIGATION, WORKING CONDITIONS, AND 
PENALTIES. 
Subparagraph (C) of section 212(n)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(n)(2)) is 
amended— 
(1) in clause (i)— 
(A) in the matter preceding subclause 
(I)— 
(i) by striking ‘‘a condition of para-
graph (1)(B), (1)(E), or (1)(F)’’ and in-
serting ‘‘a condition under subparagraph 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00533
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
540 
manner, and shall contain sufficient detail, to permit 
the employer to respond to the allegations before an 
investigation is commenced. The Secretary is not re-
quired to comply with this clause if the Secretary de-
termines that such compliance would interfere with 
an effort by the Secretary to investigate or secure 
compliance by the employer with the requirements of 
this subsection. A determination by the Secretary 
under this clause shall not be subject to judicial re-
view.’’; 
(8) in clause (vi), as so redesignated, by strik-
ing ‘‘An investigation’’ and all that follows through 
‘‘the determination.’’ and inserting ‘‘If the Secretary 
of Labor, after an investigation under clause (i) or 
(ii), determines that a reasonable basis exists to 
make a finding that the employer has failed to com-
ply with the requirements under this subsection, the 
Secretary shall provide interested parties with notice 
of such determination and an opportunity for a 
hearing in accordance with section 556 of title 5, 
United States Code, not later than 120 days after 
the date of such determination.’’; and 
(9) by adding at the end the following: 
‘‘(vii) If the Secretary of Labor, after a hear-
ing, finds a reasonable basis to believe that the em-
VerDate Mar 15 2010 
03:18 Sep 29, 2013
Jkt 029200
PO 00000
Frm 00540
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
552 
Secretary information described in clause (ii) 
that may be used, in whole or in part, as the 
basis for the commencement of an investigation 
described in such clause, to provide the infor-
mation in writing on a form developed and pro-
vided by the Secretary and completed by or on 
behalf of the person. 
‘‘(iv) No investigation described in clause 
(ii) (or hearing described in clause (vi) based on 
such investigation) may be conducted with re-
spect to information about a failure to comply 
with the requirements under this subsection, 
unless the Secretary receives the information 
not later than 24 months after the date of the 
alleged failure. 
‘‘(v) Before commencing an investigation 
of an employer under clause (i) or (ii), the Sec-
retary shall provide notice to the employer of 
the intent to conduct such investigation. The 
notice shall be provided in such a manner, and 
shall contain sufficient detail, to permit the em-
ployer to respond to the allegations before an 
investigation is commenced. The Secretary is 
not required to comply with this clause if the 
Secretary determines that to do so would inter-
VerDate Mar 15 2010 
03:18 Sep 29, 2013
Jkt 029200
PO 00000
Frm 00552
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS