325 
(9) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’— 
(A) except as provided in subparagraph 
(B), has the meaning given such term in section 
102 of the Higher Education Act of 1965 (20 
U.S.C. 1002); and 
(B) does not include an institution of high-
er education outside of the United States. 
(10) RECOGNIZED
POSTSECONDARY
CREDEN-
TIAL.—The term ‘‘recognized postsecondary creden-
tial’’ has the meaning given such term in section 3 
of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3102). 
(11) SECRETARY.—Except as otherwise specifi-
cally provided, the term ‘‘Secretary’’ means the Sec-
retary of Homeland Security. 
(12) UNIFORMED SERVICES.—The term ‘‘Uni-
formed Services’’ has the meaning given the term 
‘‘uniformed services’’ in section 101(a) of title 10, 
United States Code. 
(b) TREATMENT OF EXPUNGED CONVICTIONS.—For 
purposes of adjustment of status under this division, the 
terms ‘‘convicted’’ and ‘‘conviction’’, as used in this divi-
sion and in sections 212 and 244 of the Immigration and 
Nationality Act (8 U.S.C. 1182, 1254a), do not include 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00325
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
326 
a judgment that has been expunged or set aside, that re-
sulted in a rehabilitative disposition, or the equivalent. 
SEC. 23002. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 
DATA; BACKGROUND CHECKS. 
(a) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 
DATA.—The Secretary may not grant an alien adjustment 
of status under this division, on either a conditional or 
permanent basis, unless the alien submits biometric and 
biographic data, in accordance with procedures established 
by the Secretary. The Secretary shall provide an alter-
native procedure for aliens who are unable to provide such 
biometric or biographic data because of a physical impair-
ment. 
(b) BACKGROUND CHECKS.—The Secretary shall use 
biometric, biographic, and other data that the Secretary 
determines appropriate to conduct security and law en-
forcement background checks and to determine whether 
there is any criminal, national security, or other factor 
that would render the alien ineligible for adjustment of 
status under this division, on either a conditional or per-
manent basis. The status of an alien may not be adjusted, 
on either a conditional or permanent basis, unless security 
and law enforcement background checks are completed to 
the satisfaction of the Secretary. 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00326
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
327 
SEC. 23003. LIMITATION ON REMOVAL; APPLICATION AND 
FEE EXEMPTION; AND OTHER CONDITIONS 
ON ELIGIBLE INDIVIDUALS. 
(a) LIMITATION ON REMOVAL.—An alien who ap-
pears to be prima facie eligible for relief under this divi-
sion shall be given a reasonable opportunity to apply for 
such relief and may not be removed until, subject to sec-
tion 23006(c)(2), a final decision establishing ineligibility 
for relief is rendered. 
(b) APPLICATION.—An alien present in the United 
States who has been ordered removed or has been per-
mitted to depart voluntarily from the United States may, 
notwithstanding such order or permission to depart, apply 
for adjustment of status under this division. Such alien 
shall not be required to file a separate motion to reopen, 
reconsider, or vacate the order of removal. If the Secretary 
approves the application, the Secretary shall cancel the 
order of removal. If the Secretary renders a final adminis-
trative decision to deny the application, the order of re-
moval or permission to depart shall be effective and en-
forceable to the same extent as if the application had not 
been made, only after all available administrative and judi-
cial remedies have been exhausted. 
(c) FEE EXEMPTION.—An applicant may be exempt-
ed from paying an application fee required under this divi-
sion if the applicant— 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00327
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
328 
(1) is 18 years of age or younger; 
(2) received total income, during the 12-month 
period immediately preceding the date on which the 
applicant files an application under this division, 
that is less than 150 percent of the Federal poverty 
line; 
(3) is in foster care or otherwise lacks any pa-
rental or other familial support; or 
(4) cannot care for himself or herself because of 
a serious, chronic disability. 
(d) ADVANCE PAROLE.—During the period beginning 
on the date on which an alien applies for adjustment of 
status under this division and ending on the date on which 
the Secretary makes a final decision regarding such appli-
cation, the alien shall be eligible to apply for advance pa-
role. Section 101(g) of the Immigration and Nationality 
Act (8 U.S.C. 1101(g)) shall not apply to an alien granted 
advance parole under this Act. 
(e) EMPLOYMENT.—An alien whose removal is stayed 
pursuant to this division, who may not be placed in re-
moval proceedings pursuant to this division, or who has 
pending an application under this division, shall, upon ap-
plication to the Secretary, be granted an employment au-
thorization document. 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00328
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
329 
SEC. 23004. DETERMINATION OF CONTINUOUS PRESENCE 
AND RESIDENCE. 
(a) EFFECT OF NOTICE TO APPEAR.—Any period of 
continuous physical presence or continuous residence in 
the United States of an alien who applies for permanent 
resident status under this division (whether on a condi-
tional basis or without the conditional basis as provided 
in section 21004(c)(2)) shall not terminate when the alien 
is served a notice to appear under section 239(a) of the 
Immigration and Nationality Act (8 U.S.C. 1229(a)). 
(b) TREATMENT OF CERTAIN BREAKS IN PRESENCE 
OR RESIDENCE.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), an alien shall be considered to 
have failed to maintain— 
(A) continuous physical presence in the 
United States under this division if the alien 
has departed from the United States for any 
period exceeding 90 days or for any periods, in 
the aggregate, exceeding 180 days; and 
(B) continuous residence in the United 
States under this division if the alien has de-
parted from the United States for any period 
exceeding 180 days, unless the alien establishes 
to the satisfaction of the Secretary of Home-
land Security that the alien did not in fact 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00329
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
331 
(c) WAIVER OF PHYSICAL PRESENCE.—With respect 
to aliens who were removed or departed the United States 
on or after January 20, 2017, and who were continuously 
physically present in the United States for at least 5 years 
prior to such removal or departure, the Secretary may, 
as a matter of discretion, waive the physical presence re-
quirement under section 21002(b)(1)(A) or section 
22002(a)(2) for humanitarian purposes, for family unity, 
or because a waiver is otherwise in the public interest. The 
Secretary, in consultation with the Secretary of State, 
shall establish a procedure for such aliens to apply for re-
lief under section 21002 or 22002 from outside the United 
States if they would have been eligible for relief under 
such section, but for their removal or departure. 
SEC. 23005. EXEMPTION FROM NUMERICAL LIMITATIONS. 
Nothing in this division or in any other law may be 
construed to apply a numerical limitation on the number 
of aliens who may be granted permanent resident status 
under this division (whether on a conditional basis, or 
without the conditional basis as provided in section 
21004(c)(2)). 
SEC. 23006. AVAILABILITY OF ADMINISTRATIVE AND JUDI-
CIAL REVIEW. 
(a) ADMINISTRATIVE REVIEW.—Not later than 30 
days after the date of the enactment of this Act, the Sec-
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00331
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
332 
retary shall provide to aliens who have applied for adjust-
ment of status under this division a process by which an 
applicant may seek administrative appellate review of a 
denial of an application for adjustment of status, or a rev-
ocation of such status. 
(b) JUDICIAL REVIEW.—Except as provided in sub-
section (c), and notwithstanding any other provision of 
law, an alien may seek judicial review of a denial of an 
application for adjustment of status, or a revocation of 
such status, under this division in an appropriate United 
States district court. 
(c) STAY OF REMOVAL.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an alien seeking administrative or judicial 
review under this division may not be removed from 
the United States until a final decision is rendered 
establishing that the alien is ineligible for adjust-
ment of status under this Act. 
(2) EXCEPTION.—The Secretary may remove 
an alien described in paragraph (1) pending judicial 
review if such removal is based on criminal or na-
tional security grounds described in this division. 
Such removal shall not affect the alien’s right to ju-
dicial review under this division. The Secretary shall 
promptly return a removed alien if a decision to 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00332
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
333 
deny an application for adjustment of status under 
this division, or to revoke such status, is reversed. 
SEC. 23007. DOCUMENTATION REQUIREMENTS. 
(a) DOCUMENTS
ESTABLISHING
IDENTITY.—An 
alien’s application for permanent resident status under 
this division (whether on a conditional basis, or without 
the conditional basis as provided in section 21004(c)(2)) 
may include, as evidence of identity, the following: 
(1) A passport or national identity document 
from the alien’s country of origin that includes the 
alien’s name and the alien’s photograph or finger-
print. 
(2) The alien’s birth certificate and an identity 
card that includes the alien’s name and photograph. 
(3) A school identification card that includes 
the alien’s name and photograph, and school records 
showing the alien’s name and that the alien is or 
was enrolled at the school. 
(4) A Uniformed Services identification card 
issued by the Department of Defense. 
(5) Any immigration or other document issued 
by the United States Government bearing the alien’s 
name and photograph. 
(6) A State-issued identification card bearing 
the alien’s name and photograph. 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00333
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
334 
(7) Any other evidence determined to be cred-
ible by the Secretary. 
(b) DOCUMENTS ESTABLISHING ENTRY, CONTIN-
UOUS PHYSICAL PRESENCE, LACK OF ABANDONMENT OF 
RESIDENCE.—To establish that an alien was 18 years of 
age or younger on the date on which the alien entered 
the United States, and has continuously resided in the 
United States since such entry, as required under section 
21002(b)(1)(B), that an alien has been continuously phys-
ically present in the United States, as required under sec-
tion 21002(b)(1)(A) or 202(a)(2), or that an alien has not 
abandoned residence in the United States, as required 
under section 21004(a)(1)(B), the alien may submit the 
following forms of evidence: 
(1) 
Passport 
entries, 
including 
admission 
stamps on the alien’s passport. 
(2) Any document from the Department of Jus-
tice or the Department of Homeland Security noting 
the alien’s date of entry into the United States. 
(3) Records from any educational institution 
the alien has attended in the United States. 
(4) Employment records of the alien that in-
clude the employer’s name and contact information, 
or other records demonstrating earned income. 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00334
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
335 
(5) Records of service from the Uniformed 
Services. 
(6) Official records from a religious entity con-
firming the alien’s participation in a religious cere-
mony. 
(7) A birth certificate for a child who was born 
in the United States. 
(8) Hospital or medical records showing med-
ical treatment or hospitalization, the name of the 
medical facility or physician, and the date of the 
treatment or hospitalization. 
(9) Automobile license receipts or registration. 
(10) Deeds, mortgages, or rental agreement 
contracts. 
(11) Rent receipts or utility bills bearing the 
alien’s name or the name of an immediate family 
member of the alien, and the alien’s address. 
(12) Tax receipts. 
(13) Insurance policies. 
(14) Remittance records, including copies of 
money order receipts sent in or out of the country. 
(15) Travel records. 
(16) Dated bank transactions. 
(17) Two or more sworn affidavits from individ-
uals who are not related to the alien who have direct 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00335
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
336 
knowledge of the alien’s continuous physical pres-
ence in the United States, that contain— 
(A) the name, address, and telephone num-
ber of the affiant; and 
(B) the nature and duration of the rela-
tionship between the affiant and the alien. 
(18) Any other evidence determined to be cred-
ible by the Secretary. 
(c) DOCUMENTS ESTABLISHING ADMISSION TO AN 
INSTITUTION OF HIGHER EDUCATION.—To establish that 
an alien has been admitted to an institution of higher edu-
cation, the alien may submit to the Secretary a document 
from the institution of higher education certifying that the 
alien— 
(1) has been admitted to the institution; or 
(2) is currently enrolled in the institution as a 
student. 
(d) DOCUMENTS ESTABLISHING RECEIPT OF A DE-
GREE FROM AN INSTITUTION OF HIGHER EDUCATION.— 
To establish that an alien has acquired a degree from an 
institution of higher education in the United States, the 
alien may submit to the Secretary a diploma or other doc-
ument from the institution stating that the alien has re-
ceived such a degree. 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00336
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
337 
(e) DOCUMENTS ESTABLISHING RECEIPT OF A HIGH 
SCHOOL DIPLOMA, GENERAL EDUCATIONAL DEVELOP-
MENT CREDENTIAL, OR A RECOGNIZED EQUIVALENT.— 
To establish that in the United States an alien has earned 
a high school diploma or a commensurate alternative 
award from a public or private high school, has obtained 
the General Education Development credential, or other-
wise has satisfied section 21002(b)(1)(D)(iii), the alien 
may submit to the Secretary the following: 
(1) A high school diploma, certificate of comple-
tion, or other alternate award. 
(2) A high school equivalency diploma or certifi-
cate recognized under State law. 
(3) Evidence that the alien passed a State-au-
thorized exam, including the General Education De-
velopment test, in the United States. 
(4) Evidence that the alien successfully com-
pleted an area career and technical education pro-
gram, such as a certification, certificate, or similar 
alternate award. 
(5) Evidence that the alien obtained a recog-
nized postsecondary credential. 
(6) Any other evidence determined to be cred-
ible by the Secretary. 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00337
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
338 
(f) DOCUMENTS ESTABLISHING ENROLLMENT IN AN 
EDUCATIONAL PROGRAM.—To establish that an alien is 
enrolled in any school or education program described in 
section 21002(b)(1)(D)(iv) or 21004(a)(1)(C), the alien 
may submit school records from the United States school 
that the alien is currently attending that include— 
(1) the name of the school; and 
(2) the alien’s name, periods of attendance, and 
current grade or educational level. 
(g) DOCUMENTS ESTABLISHING EXEMPTION FROM 
APPLICATION FEES.—To establish that an alien is exempt 
from an application fee under this division, the alien may 
submit to the Secretary the following relevant documents: 
(1) DOCUMENTS TO ESTABLISH AGE.—To es-
tablish that an alien meets an age requirement, the 
alien may provide proof of identity, as described in 
subsection (a), that establishes that the alien is 18 
years of age or younger. 
(2) DOCUMENTS TO ESTABLISH INCOME.—To 
establish the alien’s income, the alien may provide— 
(A) employment records or other records of 
earned income, including records that have been 
maintained by the Social Security Administra-
tion, the Internal Revenue Service, or any other 
Federal, State, or local government agency; 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00338
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
339 
(B) bank records; or 
(C) at least two sworn affidavits from indi-
viduals who are not related to the alien and 
who have direct knowledge of the alien’s work 
and income that contain— 
(i) the name, address, and telephone 
number of the affiant; and 
(ii) the nature and duration of the re-
lationship between the affiant and the 
alien. 
(3) DOCUMENTS TO ESTABLISH FOSTER CARE, 
LACK OF FAMILIAL SUPPORT, OR SERIOUS, CHRONIC 
DISABILITY.—To establish that the alien is in foster 
care, lacks parental or familial support, or has a se-
rious, chronic disability, the alien may provide at 
least two sworn affidavits from individuals who are 
not related to the alien and who have direct knowl-
edge of the circumstances that contain— 
(A) a statement that the alien is in foster 
care, otherwise lacks any parental or other fa-
miliar support, or has a serious, chronic dis-
ability, as appropriate; 
(B) the name, address, and telephone num-
ber of the affiant; and 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00339
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
340 
(C) the nature and duration of the rela-
tionship between the affiant and the alien. 
(h) DOCUMENTS ESTABLISHING QUALIFICATION FOR 
HARDSHIP EXEMPTION.—To establish that an alien satis-
fies one of the criteria for the hardship exemption set forth 
in section 21004(a)(2)(C), the alien may submit to the 
Secretary at least two sworn affidavits from individuals 
who are not related to the alien and who have direct 
knowledge of the circumstances that warrant the exemp-
tion, that contain— 
(1) the name, address, and telephone number of 
the affiant; and 
(2) the nature and duration of the relationship 
between the affiant and the alien. 
(i) DOCUMENTS ESTABLISHING SERVICE
IN
THE 
UNIFORMED SERVICES.—To establish that an alien has 
served in the Uniformed Services for at least 2 years and, 
if discharged, received an honorable discharge, the alien 
may submit to the Secretary— 
(1) a Department of Defense form DD–214; 
(2) a National Guard Report of Separation and 
Record of Service form 22; 
(3) personnel records for such service from the 
appropriate Uniformed Service; or 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00340
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
341 
(4) health records from the appropriate Uni-
formed Service. 
(j) DOCUMENTS ESTABLISHING EARNED INCOME.— 
(1) IN
GENERAL.—An alien may satisfy the 
earned 
income 
requirement 
under 
section 
21004(a)(1)(C)(iii) by submitting records that— 
(A) establish compliance with such require-
ment; and 
(B) have been maintained by the Social Se-
curity Administration, the Internal Revenue 
Service, or any other Federal, State, or local 
government agency. 
(2) OTHER DOCUMENTS.—An alien who is un-
able to submit the records described in paragraph 
(1) may satisfy the earned income requirement by 
submitting at least two types of reliable documents 
that provide evidence of employment or other forms 
of earned income, including— 
(A) bank records; 
(B) business records; 
(C) employer or contractor records; 
(D) records of a labor union, day labor 
center, or organization that assists workers in 
employment; 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00341
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
342 
(E) sworn affidavits from individuals who 
are not related to the alien and who have direct 
knowledge of the alien’s work, that contain— 
(i) the name, address, and telephone 
number of the affiant; and 
(ii) the nature and duration of the re-
lationship between the affiant and the 
alien; 
(F) remittance records; or 
(G) any other evidence determined to be 
credible by the Secretary. 
(k) AUTHORITY TO PROHIBIT USE
OF CERTAIN 
DOCUMENTS.—If the Secretary determines, after publica-
tion in the Federal Register and an opportunity for public 
comment, that any document or class of documents does 
not reliably establish identity or that permanent resident 
status under this division (whether on a conditional basis, 
or without the conditional basis as provided in section 
21004(c)(2)) is being obtained fraudulently to an unac-
ceptable degree, the Secretary may prohibit or restrict the 
use of such document or class of documents. 
SEC. 23008. RULEMAKING. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary shall pub-
lish in the Federal Register interim final rules imple-
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00342
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
343 
menting this division, which shall allow eligible individuals 
to immediately apply for relief under this division. Not-
withstanding section 553 of title 5, United States Code, 
the regulation shall be effective, on an interim basis, im-
mediately upon publication, but may be subject to change 
and revision after public notice and opportunity for a pe-
riod of public comment. The Secretary shall finalize such 
rules not later than 180 days after the date of publication. 
(b) PAPERWORK REDUCTION ACT.—The require-
ments under chapter 35 of title 44, United States Code 
(commonly known as the ‘‘Paperwork Reduction Act’’), 
shall not apply to any action to implement this Act. 
SEC. 23009. CONFIDENTIALITY OF INFORMATION. 
(a) IN GENERAL.—The Secretary may not disclose 
or use information (including information provided during 
administrative or judicial review) provided in applications 
filed under this division or in requests for DACA for the 
purpose of immigration enforcement. 
(b) REFERRALS PROHIBITED.—The Secretary, based 
solely on information provided in an application for adjust-
ment of status under this division (including information 
provided during administrative or judicial review) or an 
application for DACA, may not refer an applicant to U.S. 
Immigration and Customs Enforcement, U.S. Customs 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00343
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
344 
and Border Protection, or any designee of either such enti-
ty. 
(c) LIMITED
EXCEPTION.—Notwithstanding sub-
sections (a) and (b), information provided in an applica-
tion for adjustment of status under this division may be 
shared with Federal security and law enforcement agen-
cies— 
(1) for assistance in the consideration of an ap-
plication for adjustment of status under this divi-
sion; 
(2) to identify or prevent fraudulent claims; 
(3) for national security purposes; or 
(4) for the investigation or prosecution of any 
felony offense not related to immigration status. 
(d) PENALTY.—Any person who knowingly uses, pub-
lishes, or permits information to be examined in violation 
of this section shall be fined not more than $10,000. 
SEC. 23010. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI-
CANTS. 
(a) ESTABLISHMENT.—The Secretary shall establish, 
within U.S. Citizenship and Immigration Services, a pro-
gram to award grants, on a competitive basis, to eligible 
nonprofit organizations that will use the funding to assist 
eligible applicants under this division by providing them 
with the services described in subsection (b). 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00344
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
345 
(b) USE OF FUNDS.—Grant funds awarded under 
this section shall be used for the design and implementa-
tion of programs that provide— 
(1) information to the public regarding the eli-
gibility and benefits of permanent resident status 
under this division (whether on a conditional basis, 
or without the conditional basis as provided in sec-
tion 21004(c)(2)), particularly to individuals poten-
tially eligible for such status; 
(2) assistance, within the scope of authorized 
practice of immigration law, to individuals submit-
ting applications for adjustment of status under this 
division (whether on a conditional basis, or without 
the conditional basis as provided in section 
21004(c)(2)), including— 
(A) screening prospective applicants to as-
sess their eligibility for such status; 
(B) completing applications and petitions, 
including providing assistance in obtaining the 
requisite documents and supporting evidence; 
and 
(C) providing any other assistance that the 
Secretary or grantee considers useful or nec-
essary to apply for adjustment of status under 
this division (whether on a conditional basis, or 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00345
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
346 
without the conditional basis as provided in sec-
tion 21004(c)(2)); and 
(3) assistance, within the scope of authorized 
practice of immigration law, and instruction, to indi-
viduals— 
(A) on the rights and responsibilities of 
United States citizenship; 
(B) in civics and English as a second lan-
guage; 
(C) in preparation for the General Edu-
cation Development test; and 
(D) in applying for adjustment of status 
and United States citizenship. 
(c) AUTHORIZATION OF APPROPRIATIONS.— 
(1) AMOUNTS AUTHORIZED.—There are author-
ized to be appropriated such sums as may be nec-
essary for each of the fiscal years 2024 through 
2034 to carry out this section. 
(2) AVAILABILITY.—Any amounts appropriated 
pursuant to paragraph (1) shall remain available 
until expended. 
SEC. 23011. PROVISIONS AFFECTING ELIGIBILITY FOR AD-
JUSTMENT OF STATUS. 
An alien’s eligibility to be lawfully admitted for per-
manent residence under this division (whether on a condi-
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00346
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
347 
tional basis, or without the conditional basis as provided 
in section 21004(c)(2)) shall not preclude the alien from 
seeking any status under any other provision of law for 
which the alien may otherwise be eligible. 
SEC. 23012. SUPPLEMENTARY SURCHARGE FOR APPOINTED 
COUNSEL. 
(a) IN GENERAL.—Except as provided in section 
23002 and in cases where the applicant is exempt from 
paying a fee under section 23003(c), in any case in which 
a fee is charged pursuant to this division, an additional 
surcharge of $25 shall be imposed and collected for the 
purpose of providing appointed counsel to applicants seek-
ing judicial review of the Secretary’s decision to provision-
ally deny an application under this Act. 
(b) IMMIGRATION COUNSEL ACCOUNT.—There is es-
tablished in the general fund of the Treasury a separate 
account which shall be known as the ‘‘Immigration Coun-
sel Account’’. Fees collected under subsection (a) shall be 
deposited into the Immigration Counsel Account and shall 
remain available until expended for purposes of providing 
appointed counsel as required under this Act. 
(c) REPORT.—At the end of each 2-year period, be-
ginning with the establishment of this account, the Sec-
retary of Homeland Security shall submit a report to the 
Congress concerning the status of the account, including 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00347
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
348 
any balances therein, and recommend any adjustment in 
the prescribed fee that may be required to ensure that the 
receipts collected from the fee charged for the succeeding 
2 years equal, as closely as possible, the cost of providing 
appointed counsel as required under this Act. 
SEC. 23013. ANNUAL REPORT ON PROVISIONAL DENIAL AU-
THORITY. 
Not later than 1 year after the date of the enactment 
of this Act, and annually thereafter, the Secretary of 
Homeland Security shall submit to the Congress a report 
detailing the number of applicants that receive— 
(1) a provisional denial under this division; 
(2) a final denial under this division without 
seeking judicial review; 
(3) a final denial under this division after seek-
ing judicial review; and 
(4) an approval under this division after seek-
ing judicial review. 
TITLE IV—DIGNITY AND 
REDEMPTION PROGRAMS 
Subtitle A—Dignity Program 
SEC. 24001. ESTABLISHMENT. 
(a) IN GENERAL.—There is established a program, 
to be known as the ‘‘Dignity Program’’ under this subtitle, 
which shall provide for deferred action on removal and the 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00348
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
349 
provision of employment and travel authorization in the 
case of eligible applicants, in accordance with the provi-
sions of this subtitle. 
(b) ABOLITION OF 3- AND 10-YEAR BARS.—For pur-
poses of this subtitle, section 212(a)(9) of the Immigration 
and Nationality Act shall not apply for purposes of any 
person who applies and thereafter participates in the Dig-
nity Program. 
SEC. 24002. ELIGIBILITY. 
The Secretary of Homeland Security shall approve an 
application to participate in the Dignity Program from an 
eligible alien subject to the following: 
(1) APPLICATION.—The applicant shall submit 
such information that the Secretary determines suf-
ficient to prove the following: 
(A) That the alien has been continually 
physically present in the United States at least 
5 years prior to the enactment of this Act. 
(B) That the alien is not inadmissible 
under section 212(a) of the Immigration and 
Nationality Act (except that paragraph (9) shall 
not apply for purposes of this section). 
(C) That the alien has included a restitu-
tion payment of at least $1,000, to be deposited 
in the H–1B Nonimmigrant Petitioner Account, 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00349
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
350 
which shall be used to support American work-
ers for purposes described in subtitle C of title 
IV of division B. 
(2) SUBMISSION
OF
BIOMETRIC
AND
BIO-
GRAPHIC DATA; BACKGROUND CHECKS.— 
(A) SUBMISSION OF BIOMETRIC AND BIO-
GRAPHIC
DATA.—The Secretary may not ap-
prove such an application, unless the alien sub-
mits biometric and biographic data, in accord-
ance with procedures established by the Sec-
retary. The Secretary shall provide an alter-
native procedure for aliens who are unable to 
provide such biometric or biographic data be-
cause of a physical impairment. 
(B) BACKGROUND
CHECKS.—The Sec-
retary shall use biometric, biographic, and other 
data that the Secretary determines appropriate 
to conduct security and law enforcement back-
ground checks and to determine whether there 
is any criminal, national security, or other fac-
tor that would render the alien ineligible for 
participation in the Dignity Program in accord-
ance with paragraph (3). The application for 
participation in the Dignity Program may not 
be approved unless security and law enforce-
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00350
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
351 
ment background checks are completed to the 
satisfaction of the Secretary. 
(3) GROUNDS
OF
INELIGIBILITY.—Except as 
provided in paragraph (2), an alien is ineligible for 
participation in the Dignity Program if, excluding 
any offense under State law for which an essential 
element is the alien’s immigration status, and any 
minor traffic offense, the alien has been convicted 
of— 
(A) any felony offense; 
(B) two or more misdemeanor offenses (ex-
cluding simple possession of cannabis or can-
nabis-related paraphernalia, any offense involv-
ing cannabis or cannabis-related paraphernalia 
which is no longer prosecutable in the State in 
which the conviction was entered, and any of-
fense involving civil disobedience without vio-
lence) not occurring on the same date, and not 
arising out of the same act, omission, or scheme 
of misconduct; or 
(C) a misdemeanor offense of domestic vio-
lence, unless the alien demonstrates that such 
crime is related to the alien having been— 
(i) a victim of domestic violence, sex-
ual assault, stalking, child abuse or ne-
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00351
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
352 
glect, abuse or neglect in later life, or 
human trafficking; 
(ii) battered or subjected to extreme 
cruelty; or 
(iii) a victim of criminal activity de-
scribed in section 101(a)(15)(U)(iii) of the 
Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(U)(iii)). 
(4) WAIVERS FOR CERTAIN MISDEMEANORS.— 
For humanitarian purposes, family unity, or if oth-
erwise in the public interest, the Secretary may 
waive— 
(A) the grounds of inadmissibility under 
subparagraphs (A), (C), and (D) of section 
212(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(2)); and 
(B) consideration of— 
(i) one misdemeanor offense if the 
alien has not been convicted of any offense 
in the 5-year period preceding the date on 
which the alien applies for adjustment of 
status; or 
(ii) up to two misdemeanor offenses if 
the alien has not been convicted of any of-
fense in the 10-year period preceding the 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00352
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
353 
date on which the alien applies for adjust-
ment of status. 
SEC. 24003. REGISTRATION; DEPARTURE. 
(a) REGISTRATION.—Any alien approved to partici-
pate in the Dignity Program shall— 
(1) register with the Secretary of Homeland Se-
curity; 
(2) submit biometric and biographic data to the 
Secretary; and 
(3) submit a sworn declaration stipulating to 
presence in the United States without a lawful immi-
gration status, and, as appropriate, unlawful pres-
ence, in the United States. 
(b) DEPARTURE.—Not later than 24 months after 
the date of the enactment of this Act, any alien present 
in the United States without lawful status under the immi-
gration laws, or not participating in the programs outlined 
in division B or seeking Certified Agricultural Worker sta-
tus under this Act shall apply for the Dignity Program 
or depart the United States. 
(c) INTENTIONAL SELF-DEPORTATION.—Any alien 
that voluntarily departs the United States not later than 
24 months after the date of the enactment of this Act shall 
not be subject to the provisions of section 212(a)(9) of 
the Immigration and Nationality Act with respect to— 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00353
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
354 
(1) 
any 
removal 
ordered 
under 
section 
235(b)(1) of such Act or at the end of proceedings 
under section 240 of such Act initiated upon the 
alien’s arrival in the United States; or 
(2) any removal ordered under section 240 of 
such Act, 
prior to the date of the enactment of this Act. 
(d) LIMITATION ON REMOVAL.—An alien who ap-
pears to be prima facie eligible for status under this sub-
title during the 24-month period following the date of en-
actment of this Act may not be removed or fined based 
on their immigration status— 
(1) during such period; and 
(2) in the case that the alien applies for status 
under this subtitle, until a final decision establishing 
ineligibility for such status is rendered. 
(e) EXCEPTION.—This section does not apply in the 
case of any alien with a valid Notice to Appear in immigra-
tion court or with a pending determination on their immi-
gration status that is not decided before this date. 
SEC. 24004. PROGRAM PARTICIPATION. 
(a) IN GENERAL.—Any applicant who is approved to 
participate in the Dignity Program shall make an appoint-
ment with USCIS who shall issue an order deferring fur-
ther action for a period of 7 years. 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00354
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
355 
(b) CONDITIONS.—Each participant in the Dignity 
Program shall conform to the following: 
(1) REPORT.—The participant shall biennially 
report to the Secretary of Homeland Security and 
provide the following information: 
(A) Place of residence. 
(B) Testimony as to good standing within 
the community. 
(2) RESTITUTION.— 
(A) IN
GENERAL.—The participant shall 
pay an additional fee of at least $1,000 with 
each report under paragraph (1), until a total 
amount of $5,000 has been paid, to be depos-
ited in the H–1B Nonimmigrant Petitioner Ac-
count, which shall be used to support American 
workers for purposes described in subtitle C of 
title IV of division B. 
(B) LIMITATION
IN
THE
CASE
OF
MI-
NORS.—Subparagraph (A) shall not apply with 
respect to any participant in the Dignity Pro-
gram who is under 18 years of age. 
(3) LAWFUL CONDUCT.—The participant shall 
comply with all Federal and State laws. 
(4) EMPLOYMENT.—The participant shall re-
main, for a period of not less than 4 years during 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00355
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
356 
their participation in the Dignity Program, employed 
(including self-employment and serving as a care-
giver) or enrolled in a course of study at an institute 
of higher education, as defined in section 102 of the 
Higher Education Act of 1965 (20 U.S.C. 1002), or 
an area career and technical education school, as de-
fined in section 3 of the Carl D. Perkins Career and 
Technical Education Act of 2006 (20 U.S.C. 2302). 
The Secretary may waive the application of this 
paragraph in the case of any alien with dependents 
under the age of 12, any alien the Secretary deter-
mines would be unable to reasonably comply by rea-
son of a disability or other impediment, or anyone 
above 65 years of age. 
(5) TAXES.—The participant shall pay any ap-
plicable taxes and satisfy any tax obligations out-
standing within 10 years of the date of application 
approval. 
(6) SUPPORT
DEPENDENTS.—The participant 
shall support any dependents including by providing 
food, shelter, clothing, education, and covering basic 
medical needs. 
(7) MEDICAL COSTS.— 
(A) IN
GENERAL.—The participant shall 
be enrolled under qualifying health coverage. 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00356
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
357 
(B) DEFINITION.—For purposes of this 
paragraph, the term ‘‘qualifying health cov-
erage’’ means, with respect to the participant, 
the higher of the following levels of coverage ap-
plicable to such alien: 
(i) At a minimum, catastrophic health 
insurance coverage that provides coverage 
of such individual with respect to at least 
the State of employment and State of resi-
dence of the alien. 
(ii) In the case of an alien whose 
State of residence or State of employment 
requires such an alien to maintain cov-
erage under health insurance, such health 
insurance. 
(8) PUBLIC BENEFITS.—Beginning on the date 
of participation in the Dignity Program, the partici-
pant shall not avail himself or herself of any Federal 
means-tested benefits or entitlement programs. For 
purposes of this paragraph, any benefits received by 
a child or dependent that is a United States citizen 
living in the same household shall not be taken into 
account. 
(9) LEVY.—In addition to other taxes, there is 
hereby imposed on the income of every participant a 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00357
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
358 
tax equal to 1.5 percent of the adjusted gross in-
come (as defined in section 3121(a) of the Internal 
Revenue Code of 1986) received by the individual 
with respect to employment (as defined in section 
3121(b) the Internal Revenue Code of 1986). The 
participant shall comply with the requirements of 
section 9512 of the Internal Revenue Code of 1986. 
Any tax collected under this paragraph shall be de-
posited in the Immigration Infrastructure Fund es-
tablished in section 1213. 
(10) EXEMPTION
FROM
CERTAIN
PAYROLL 
TAXES.—A participant shall not be liable for any tax 
under section 3101 or 3102 of the Internal Revenue 
Code of 1986. 
(c) AUTHORIZING PARTICIPANTS APPROVED TO PAR-
TICIPATE IN THE DIGNITY PROGRAM TO ENLIST IN THE 
ARMED FORCES.— 
(1) WAIVER.—Under this provision, for any in-
dividual in the Dignity program that enlists in the 
Armed Forces, the conditions outlined in subsection 
(b) shall be waived during their service. 
(2) COMPLETION OF TERM OF ENLISTMENT.— 
Upon completion of a term of enlistment, the re-
quirements of the Dignity Program shall be satisfied 
for that individual, and that individual shall be eligi-
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00358
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
359 
ble to adjust to lawful permanent resident status 
through the Armed Forces. 
(d) VIOLATIONS.—If a participant violates a condi-
tion under subsection (b), the Secretary may at the Sec-
retary’s discretion, waive enforcement of minor violations 
including late fees, take extenuating circumstances into ef-
fect, or consider factors of undue hardship, but in all other 
cases, the Secretary shall initiate removal proceedings. In 
such proceedings, the immigration judge may make a de-
termination as to whether to order removal or to issue an 
order modifying the conditions of that participant’s par-
ticipation in the Dignity Program. 
SEC. 24005. COMPLETION. 
(a) IN GENERAL.—Upon satisfying the conditions set 
forth in subsection (b) and thereby successfully completing 
the Dignity Program, the participant may choose— 
(1) to receive Dignity status under this section; 
or 
(2) to register for the Redemption Program 
under subtitle B. 
(b) COMPLETION.—The conditions set forth in this 
subsection for successful completion of the Dignity Pro-
gram are as follows: 
(1) Compliance with all requirements of sub-
section (b)(1). 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00359
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
360 
(2) Compliance with all requirements of sub-
section (b)(2). 
(3) Compliance with the requirement of sub-
section (b)(3) for the entire period of the participa-
tion in the Dignity Program. 
(c) DIGNITY STATUS.—The status under this sec-
tion— 
(1) shall be valid for a period of 5 years; 
(2) may be renewed any number of times; and 
(3) shall provide the alien with— 
(A) lawful status as a nonimmigrant; 
(B) authorization for employment; and 
(C) the ability to reenter the United States 
any number of times. 
(d) REDEMPTION PROGRAM.—Upon completion of 
the requirements of the Dignity Program, an applicant 
may choose to register for the Redemption Program under 
subtitle B. 
Subtitle B—Redemption Program 
SEC. 24101. ESTABLISHMENT. 
(a) ESTABLISHMENT.—There is established a pro-
gram, to be known as the ‘‘Redemption Program’’, under 
which eligible applicants may acquire conditional redemp-
tion status, and shall be authorized to apply for lawful 
permanent residency under the immigration laws in ac-
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00360
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
361 
cordance with section 24103. Such status shall be valid 
for a period of 5 years, and may be renewed any number 
of times. 
(b) ELIGIBILITY.—To be eligible to apply under the 
Redemption Program, an applicant shall be an alien who 
has successfully completed the Dignity Program under 
subtitle A. 
(c) STATUS.—In the case of an alien who is an eligi-
ble applicant granted conditional redemption status under 
this section, the alien— 
(1) may not be removed or return the alien to 
the alien’s country of nationality or, in the case of 
a person having no nationality, the country of the 
alien’s last habitual residence; 
(2) shall be authorized to engage in employ-
ment in the United States and be provided with ap-
propriate endorsement of that authorization; and 
(3) may be allowed to travel abroad. 
(d) CONDITIONALITY.—Conditional redemption sta-
tus does not convey a right to remain permanently in the 
United States, and may be terminated if it is determined 
that the alien has violated any condition set forth under 
section 24102. 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00361
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
362 
SEC. 24102. CONDITIONS. 
(a) IN GENERAL.—An alien receiving conditional sta-
tus under section 24101 shall comply with the following: 
(1) The alien shall report to the Secretary of 
Homeland Security biennially. 
(2) The alien shall maintain an accurate record 
with the Secretary of the following: 
(A) The alien’s place of residence. 
(B) Testimony regarding good standing 
within the community. 
(3) The alien shall complete either of the fol-
lowing: 
(A) Payment of additional fees of at least 
$2,000 upon each report under paragraph (1), 
until a total of $5,000 has been paid; or 
(B) certification that the alien has com-
pleted such community service requirement as 
the Secretary may establish, consistent with the 
following: 
(i) Not less than 200 hours of com-
munity service shall be required. 
(ii) The community service may be 
completed with the National Service Corps 
or with other, local community service pro-
viders, as the Secretary determines appro-
priate. 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00362
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
363 
(4) The alien has learned English. 
(5) The alien has learned United States civics. 
(b) WAIVER.—The Secretary of Homeland Security 
may waive paragraph (4) or (5) of subsection (a) in the 
case of an alien who is 65 years of age or older. 
SEC. 24103. COMPLETION AND REMOVAL OF CONDITIONAL 
STATUS. 
If an alien maintains and completes the requirements 
of this section, after a period of 4 years beginning on the 
date that the alien’s application for participation in the 
Redemption Program is approved, and subject to sections 
1181 and 1515 of Division A of this Act, the Secretary 
may adjust the status of the alien to that of a lawful per-
manent resident, except that the alien’s status granted 
under section 24101 may not be extended unless the alien 
demonstrates that the alien satisfies the requirements 
under section 312(a) of the Immigration and Nationality 
Act (8 U.S.C. 1423(a)). 
Subtitle C—Contribution to 
American Workers 
SEC. 24200. PURPOSE. 
This subtitle shall direct restitution payments from 
the Dignity and Redemption programs to be disbursed to 
American workers through promoting apprenticeships and 
other work-based learning programs for small and me-
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00363
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
364 
dium-sized businesses within in-demand industry sectors, 
through the establishment and support of industry or sec-
tor partnerships. 
SEC. 24201. AVAILABILITY OF FUNDS. 
From funds paid by restitution under title IV of divi-
sion B of the Dignity for Immigrants while Guarding our 
Nation to Ignite and Deliver the American Dream Act and 
available under section 286(s)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1356(s)(2)), the Secretary shall 
carry out this Act. 
SEC. 24202. CONFORMING AMENDMENTS. 
(a) AMERICAN COMPETITIVENESS AND WORKFORCE 
IMPROVEMENT ACT
OF 1998.—Section 414(c) of the 
American Competitiveness and Workforce Improvement 
Act of 1998 (29 U.S.C. 2916a) is repealed. 
(b) IMMIGRATION AND NATIONALITY ACT.—Section 
286(s)(2) of the Immigration and Nationality Act (8 
U.S.C. 1356(s)(2)) is amended to read as follows: 
‘‘(2) USE OF FEES FOR WORK-BASED LEARNING 
PROGRAMS.—90 percent of amounts deposited into 
the H–1B Nonimmigrant Petitioner Account pursu-
ant to the Dignity for Immigrants while Guarding 
our Nation to Ignite and Deliver the American 
Dream Act shall remain available to the Secretary of 
Labor until expended to carry out the Dignity for 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00364
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
365 
Immigrants while Guarding our Nation to Ignite 
and Deliver the American Dream Act.’’. 
PART 1—PROMOTING APPRENTICESHIPS 
THROUGH REGIONAL TRAINING NETWORKS 
SEC. 24301. DEFINITIONS. 
In this Act: 
(1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi-
ble partnership’’ means an industry or sector part-
nership as defined in section 3 of the Workforce In-
novation and Opportunity Act (29 U.S.C. 3102) that 
submits and obtains approval of an application con-
sistent with section 5(c). 
(2) IN-DEMAND INDUSTRY SECTOR.—The term 
‘‘in-demand industry sector’’ means a sector de-
scribed in subparagraphs (A)(i) and (B) of section 
3(23) of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3102(23)). 
(3) LOCAL OR REGIONAL.—The term ‘‘local or 
regional’’, used with respect to an entity, means that 
the entity provides services in, respectively, a local 
area or region. 
(4) WORKFORCE
TERMS.—The terms ‘‘Gov-
ernor’’, ‘‘individual with a barrier to employment’’, 
‘‘industry or sector partnership’’, ‘‘local area’’, ‘‘local 
board’’, ‘‘State board’’, ‘‘outlying area’’, ‘‘recognized 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00365
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
366 
postsecondary credential’’, ‘‘region’’, ‘‘State’’, and 
‘‘supportive services’’, used with respect to activities 
supported under this Act, have the meanings given 
the terms in section 3 of the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3102). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
SEC. 24302. ALLOTMENTS TO STATES. 
(a) RESERVATION.—Of the amounts available for this 
Act under section 4, the Secretary may reserve— 
(1) not more than 5 percent of those amounts 
for the costs of technical assistance and Federal ad-
ministration of this Act; 
(2) not more than 2 percent of those amounts 
for the costs of evaluations conducted under section 
8(b); and 
(3) not more than 1⁄4 of 1 percent of such 
amounts to provide assistance to the outlying areas. 
(b) ALLOTMENTS.— 
(1) IN GENERAL.—Of the amounts available for 
this Act under section 4 that remain after the Sec-
retary makes the reservations under subsection (a), 
the Secretary shall, for the purpose of supporting 
(which may include assistance in establishing ex-
panded) local or regional eligible partnerships to 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00366
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
367 
support work-based learning programs under this 
Act, make allotments to eligible States in accordance 
with clauses (ii) through (v) of section 132(b)(1)(B) 
of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3162(b)(1)(C)), subject to paragraph 
(2). 
(2) APPLICATION.—For purposes of applying 
the clauses described in paragraph (1), under para-
graph (1), the Secretary— 
(A) shall not apply subclauses (I) and (III) 
of clause (iv) with respect to the first fiscal year 
after the date of enactment of this Act; 
(B) shall apply clause (iv)(II) by sub-
stituting ‘‘0.5 percent of the remaining amounts 
described in paragraph (1)’’ for the total de-
scribed in that clause; 
(C) shall not apply clause (iv)(IV); 
(D) shall apply clause (v)(II) by sub-
stituting the term ‘‘allotment percentage’’, used 
with respect to the second full fiscal year after 
the date of enactment of this Act, or a subse-
quent fiscal year, means a percentage of the re-
maining amounts described in paragraph (1) 
that is received through an allotment made 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00367
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
368 
under this subsection for the fiscal year for the 
two sentences in that clause; and 
(E) shall apply clause (v)(III) by sub-
stituting ‘‘a work-based learning program car-
ried out under this Act’’ for ‘‘a program of 
workforce investment activities carried out 
under this subtitle’’. 
(3) USE OF UNALLOTTED FUNDS.—If a State 
fails to meet the requirements for an allotment 
under this subsection, the Secretary may allot funds 
that are not allotted under paragraphs (1) and (2) 
to eligible States under a formula based on the for-
mula specified in section 132(c) of the Workforce In-
novation and Opportunity Act (29 U.S.C. 3173(c)). 
(4) DEFINITION.—In this subsection, the term 
‘‘eligible State’’ means a State that meets the re-
quirements of section 102 or 103 of the Workforce 
Innovation and Opportunity Act (29 U.S.C. 3112, 
3113) and subsection (c). 
(c) STATE ELIGIBILITY.—To be eligible to receive an 
allotment under subsection (b), a State, in consultation 
with State boards and local boards, shall submit an appli-
cation to the Secretary, at such time, in such manner, and 
containing a description of the activities to be carried out 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00368
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
369 
with the grant funds. At a minimum, the application shall 
include information on— 
(1) the local or regional industry or sector part-
nerships that will be supported, including the lead 
partners for the partnerships, and how the partner-
ships will work to engage small and medium-sized 
businesses, as applicable, in the activities of the 
partnerships; 
(2) the in-demand industry sectors that will be 
served, including how such industry sectors were 
identified, and how the activities of the partnerships 
will align with State, regional, and local plans as re-
quired under title I of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3111 et seq.); 
(3) the apprenticeship programs or other work- 
based learning programs to be supported though the 
partnerships; 
(4) the populations that will receive services, in-
cluding individuals with barriers to employment and 
populations that were historically underrepresented 
in the industry sectors to be served through the 
partnerships; 
(5) the services, including business engagement, 
classroom instruction, and support services (includ-
ing at least 6 months of post-employment support 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00369
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
376 
SEC. 24305. 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 
(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 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00376
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
393 
used by the Secretary of Labor for the administra-
tion and enforcement of the provisions of this sec-
tion. 
(6) STATUTORY
CONSTRUCTION.—Nothing in 
this subsection may be construed as limiting the au-
thority of the Secretary of Labor to conduct an in-
vestigation in the absence of a complaint. 
(7) RETALIATION PROHIBITED.—It is a viola-
tion of this subsection for any person to intimidate, 
threaten, restrain, coerce, blacklist, discharge, or in 
any other manner discriminate against, or to cause 
any person to intimidate, threaten, restrain, coerce, 
blacklist, or in any manner discriminate against, an 
employee, including a former employee or an appli-
cant for employment, because the employee— 
(A) has disclosed information to the em-
ployer, or to any other person, that the em-
ployee reasonably believes evidences a violation 
of the immigration laws relating to the H–2B 
program, or any rule or regulation relating to 
such program; 
(B) has filed a complaint concerning the 
employer’s compliance with the immigration 
laws relating to the H–2B program, or any rule 
or regulation relating to such program; 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00393
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB