U.S. Citizenship Act
Bill: S.348 | Sponsor: Sen. Menendez, Robert (D-NJ)
Policy area: Immigration

Summary:
U.S. Citizenship Act
This bill establishes a path to citizenship for certain undocumented individuals. The bill also replaces the term alien with noncitizen in the immigration statutes and addresses other related issues.
Specifically, the bill establishes a new status of lawful prospective immigrant. This status shall be available to an applying noncitizen who meets certain requirements, including being continually present in the United States from January 1, 2021, and passing background checks. After at least five years with this status, an eligible noncitizen may apply for and receive permanent resident status.
The bill also provides permanent resident status to certain applying noncitizens, specifically for eligible noncitizens who (1) entered the United States as a minor, (2) were eligible for temporary protected status or deferred enforced departure on January 1, 2017, or (3) worked a certain amount of agricultural labor in the five years prior to applying.
Among other things, the bill also

To provide an earned path to citizenship, to address the root causes of 
migration and responsibly manage the southern border, and to reform the 
             immigrant visa system, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``U.S. Citizenship 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Terminology with respect to noncitizens.
         TITLE I--EARNED PATH TO CITIZENSHIP AND OTHER REFORMS

                 Subtitle A--Earned Path to Citizenship

Sec. 1101. Lawful prospective immigrant status.
Sec. 1102. Adjustment of status of lawful prospective immigrants.
Sec. 1103. The Dream Act.
Sec. 1104. The American Promise Act.
Sec. 1105. The Agricultural Workers Adjustment Act.
Sec. 1106. General provisions relating to adjustment of status.
                       Subtitle B--Other Reforms

Sec. 1201. V nonimmigrant visas.
Sec. 1202. Expungement and sentencing.
Sec. 1203. Petty offenses.
Sec. 1204. Restoring fairness to adjudications.
Sec. 1205. Judicial review.
Sec. 1206. Modifications to naturalization provisions.
Sec. 1207. Relief for long-term legal residents of the Commonwealth of 
                            the Northern Mariana Islands.
Sec. 1208. Government contracting and acquisition of real property 
                            interest.
Sec. 1209. Conforming amendments to the Social Security Act.
   TITLE II--ADDRESSING THE ROOT CAUSES OF MIGRATION AND RESPONSIBLY 
                      MANAGING THE SOUTHERN BORDER

Sec. 2001. Definitions.
     Subtitle A--Promoting the Rule of Law, Security, and Economic 
                     Development in Central America

Sec. 2101. United States Strategy for Engagement in Central America.
Sec. 2102. Securing support of international donors and partners.
Sec. 2103. Combating corruption, strengthening the rule of law, and 
                            consolidating democratic governance.
Sec. 2104. Combating criminal violence and improving citizen security.
Sec. 2105. Combating sexual, gender-based, and domestic violence.
Sec. 2106. Tackling extreme poverty and advancing economic development.
Sec. 2107. Authorization of appropriations for United States Strategy 
                            for Engagement in Central America.
   Subtitle B--Addressing Migration Needs by Strengthening Regional 
 Humanitarian Responses for Refugees and Asylum Seekers in the Western 
         Hemisphere and Strengthening Repatriation Initiatives

Sec. 2201. Expanding refugee and asylum processing in the Western 
                            Hemisphere.
Sec. 2202. Further strengthening regional humanitarian responses in the 
                            Western Hemisphere.
Sec. 2203. Information campaign on dangers of irregular migration.
Sec. 2204. Identification, screening, and processing of refugees and 
                            other individuals eligible for lawful 
                            admission to the United States.
Sec. 2205. Registration and intake.
Sec. 2206. Central American Refugee Program.
Sec. 2207. Central American Minors Program.
Sec. 2208. Central American Family Reunification Parole Program.
Sec. 2209. Informational campaign; case status hotline.
   Subtitle C--Managing the Border and Protecting Border Communities

Sec. 2301. Expediting legitimate trade and travel at ports of entry.
Sec. 2302. Deploying smart technology at the southern border.
Sec. 2303. Independent oversight on privacy rights.
Sec. 2304. Training and continuing education.
Sec. 2305. GAO study of waiver of environmental and other laws.
Sec. 2306. Establishment of Border Community Stakeholder Advisory 
                            Committee.
Sec. 2307. Rescue beacons.
Sec. 2308. Use of force.
Sec. 2309. Office of Professional Responsibility.
Subtitle D--Improving Border Infrastructure for Families and Children; 
                Cracking Down on Criminal Organizations

Sec. 2401. Humanitarian and medical standards for individuals in U.S. 
                            Customs and Border Protection custody.
Sec. 2402. Child welfare at the border.
Sec. 2403. Office of Inspector General oversight.
Sec. 2404. Enhanced investigation and prosecution of human smuggling 
                            networks and trafficking organizations.
Sec. 2405. Enhanced penalties for organized smuggling schemes.
Sec. 2406. Expanding financial sanctions on narcotics trafficking and 
                            money laundering.
Sec. 2407. Support for transnational anti-gang task forces for 
                            countering criminal gangs.
Sec. 2408. Hindering immigration, border, and customs controls.
             TITLE III--REFORM OF THE IMMIGRANT VISA SYSTEM

               Subtitle A--Promoting Family Reunification

Sec. 3101. Recapture of immigrant visas lost to bureaucratic delay.
Sec. 3102. Reclassification of spouses and minor children of lawful 
                            permanent residents as immediate relatives.
Sec. 3103. Adjustment of family-sponsored per-country limits.
Sec. 3104. Promoting family unity.
Sec. 3105. Relief for orphans, widows, and widowers.
Sec. 3106. Exemption from immigrant visa limit for certain veterans who 
                            are natives of the Philippines.
Sec. 3107. Fiancee or fiance child status protection.
Sec. 3108. Retention of priority dates.
Sec. 3109. Inclusion of permanent partners.
Sec. 3110. Definition of child.
Sec. 3111. Termination of conditional permanent resident status for 
                            certain noncitizen permanent partners and 
                            sons and daughters upon finding qualifying 
                            permanent partnership improper.
Sec. 3112. Nationality at birth.
 Subtitle B--National Origin-Based Antidiscrimination for Nonimmigrants

Sec. 3201. Expansion of nondiscrimination provision.
Sec. 3202. Transfer and limitations on authority to suspend or restrict 
                            the entry of a class of noncitizens.
                    Subtitle C--Diversity Immigrants

Sec. 3301. Increasing diversity visas.
           Subtitle D--Reforming Employment-Based Immigration

Sec. 3401. Doctoral STEM graduates from accredited United States 
                            universities.
Sec. 3402. Addressing visa backlogs.
Sec. 3403. Eliminating employment-based per country levels.
Sec. 3404. Increased immigrant visas for other workers.
Sec. 3405. Flexible adjustments to employment-based immigrant visa 
                            program.
Sec. 3406. Regional Economic Development Immigrant Visa Pilot Program.
Sec. 3407. Wage-based consideration of temporary workers.
Sec. 3408. Clarifying dual intent for postsecondary students.
Sec. 3409. H-4 visa reform.
Sec. 3410. Extensions related to pending petitions.
        Subtitle E--Promoting Immigrant and Refugee Integration

Sec. 3501. Definition of Foundation.
Sec. 3502. United States Citizenship and Integration Foundation.
Sec. 3503. Pilot program to promote immigrant integration at State and 
                            local levels.
Sec. 3504. English as a Gateway to Integration grant program.
Sec. 3505. Workforce Development and Shared Prosperity grant program.
Sec. 3506. Existing citizenship education grants.
Sec. 3507. Grant program to assist eligible applicants.
Sec. 3508. Study on factors affecting employment opportunities for 
                            immigrants and refugees with professional 
                            credentials obtained in foreign countries.
Sec. 3509. In-State tuition rates for refugees, asylees, and certain 
                            special immigrants.
Sec. 3510. Waiver of English requirement for senior new Americans.
Sec. 3511. Naturalization for certain United States high school 
                            graduates.
Sec. 3512. Naturalization ceremonies.
Sec. 3513. National citizenship promotion program.
Sec. 3514. Authorization of appropriations for Foundation and pilot 
                            program.
TITLE IV--IMMIGRATION COURTS, FAMILY VALUES, AND VULNERABLE INDIVIDUALS

     Subtitle A--Promoting Efficient Processing of Asylum Seekers, 
  Addressing Immigration Court Backlogs, and Efficiently Repatriating 
                        Migrants Ordered Removed

Sec. 4101. Expanding alternatives to detention.
Sec. 4102. Eliminating immigration court backlogs.
Sec. 4103. Improved training for immigration judges and members of the 
                            Board of Immigration Appeals.
Sec. 4104. New technology to improve court efficiency.
Sec. 4105. Court appearance compliance and legal orientation.
Sec. 4106. Improving court efficiency and reducing costs by increasing 
                            access to legal information.
Sec. 4107. Facilitating safe and efficient repatriation.
  Subtitle B--Protecting Family Values and Monitoring and Caring for 
            Unaccompanied Noncitizen Children After Arrival

Sec. 4201. Definition of local educational agency.
Sec. 4202. Responsibility of sponsor for immigration court compliance 
                            and child well-being.
Sec. 4203. Funding to school districts for unaccompanied noncitizen 
                            children.
Sec. 4204. School enrollment.
 Subtitle C--Admission and Protection of Refugees, Asylum Seekers, and 
                      Other Vulnerable Individuals

Sec. 4301. Elimination of time limits on asylum applications.
Sec. 4302. Increasing annual numerical limitation on U visas.
Sec. 4303. Employment authorization for asylum seekers and other 
                            individuals.
Sec. 4304. Enhanced protection for individuals seeking T visas, U 
                            visas, and protection under VAWA.
Sec. 4305. Alternatives to detention.
Sec. 4306. Notification of proceedings.
Sec. 4307. Conversion of certain petitions.
Sec. 4308. Improvements to application process for Afghan special 
                            immigrant visas.
Sec. 4309. Special immigrant status for certain surviving spouses and 
                            children.
Sec. 4310. Special immigrant status for certain Syrians who worked for 
                            the United States Government in Syria.
Sec. 4311. Authorization of appropriations.
     TITLE V--EMPLOYMENT AUTHORIZATION AND PROTECTING WORKERS FROM 
                              EXPLOITATION

Sec. 5101. Commission on Employment Authorization.
Sec. 5102. Power Act.
Sec. 5103. Additional civil penalty.
Sec. 5104. Continued application of workforce and labor protection 
                            remedies.
Sec. 5105. Prohibition on discrimination based on national origin or 
                            citizenship status.
Sec. 5106. Fairness for farmworkers.
Sec. 5107. Protections for migrant and seasonal laborers.
Sec. 5108. Directive to the United States Sentencing Commission.
Sec. 5109. Labor Law Enforcement Fund.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) In general.--Any term used in this Act that is used in 
        the immigration laws shall have the meaning given such term in 
        the immigration laws.
            (2) Immigration laws.--The term ``immigration laws'' has 
        the meaning given the term in section 101(a) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 3. TERMINOLOGY WITH RESPECT TO NONCITIZENS.

    (a) Immigration and Nationality Act.--
            (1) In general.--The Immigration and Nationality Act (8 
        U.S.C. 1101 et seq.) is amended--
                    (A) in section 101(a) (8 U.S.C. 1101(a))--
                            (i) by striking paragraph (3) and inserting 
                        the following:
    ``(3) Noncitizen.--The term `noncitizen' means any person not a 
citizen or national of the United States.''; and
                            (ii) by adding at the end the following:
    ``(53) Noncitizenship.--The term `noncitizenship' means the 
condition of being a noncitizen.'';
                    (B) by striking ``an alien'' each place it appears 
                and inserting ``a noncitizen'';
                    (C) by striking ``An alien'' each place it appears 
                and inserting ``A noncitizen'';
                    (D) by striking ``alien'' each place it appears and 
                inserting ``noncitizen'';
                    (E) by striking ``aliens'' each place it appears 
                and inserting ``noncitizens'';
                    (F) by striking ``alien's'' each place it appears 
                and inserting ``noncitizen's''; and
                    (G) by striking ``alienage'' each place it appears 
                and inserting ``noncitizenship''.
            (2) Headings.--The Immigration and Nationality Act (8 
        U.S.C. 1101 et seq.) is amended--
                    (A) in the title and chapter headings--
                            (i) by striking ``ALIEN'' each place it 
                        appears and inserting ``NONCITIZEN''; and
                            (ii) by striking ``ALIENS'' each place it 
                        appears and inserting ``NONCITIZENS'';
                    (B) in the section headings--
                            (i) by striking ``alien'' each place it 
                        appears and inserting ``noncitizen'';
                            (ii) by striking ``aliens'' each place it 
                        appears and inserting ``noncitizens''; and
                            (iii) by striking ``alienage'' each place 
                        it appears and inserting ``noncitizenship'';
                    (C) in the subsection headings--
                            (i) by striking ``Alien'' each place it 
                        appears and inserting ``Noncitizen''; and
                            (ii) by striking ``Aliens'' each place it 
                        appears and inserting ``Noncitizens''; and
                    (D) in the paragraph, subparagraph, clause, 
                subclause, item, and subitem headings--
                            (i) by striking ``Alien'' each place it 
                        appears and inserting ``Noncitizen'';
                            (ii) by striking ``alien'' each place it 
                        appears and inserting ``noncitizen'';
                            (iii) by striking ``Aliens'' each place it 
                        appears and inserting ``Noncitizens''; and
                            (iv) by striking ``aliens'' each place it 
                        appears and inserting ``noncitizens''.
            (3) Table of contents.--The table of contents for the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
        amended--
                    (A) by striking the item relating to title V and 
                inserting the following:

         ``TITLE V--NONCITIZEN TERRORIST REMOVAL PROCEDURES'';

        and
                    (B) in the items relating to the chapters and 
                sections--
                            (i) by striking ``Alien'' each place it 
                        appears and inserting ``Noncitizen'';
                            (ii) by striking ``Aliens'' each place it 
                        appears and inserting ``Noncitizens'';
                            (iii) by striking ``alien'' each place it 
                        appears and inserting ``noncitizen'';
                            (iv) by striking ``aliens'' each place it 
                        appears and inserting ``noncitizens''; and
                            (v) by striking ``alienage'' each place it 
                        appears and inserting ``noncitizenship''.
    (b) Unaccompanied Noncitizen Children.--Section 462 of the Homeland 
Security Act of 2002 (6 U.S.C. 279) is amended by striking ``alien'' 
each place it appears and inserting ``noncitizen''.
    (c) References to Aliens.--With respect to a person who is not a 
citizen or national of the United States, any reference in Federal law, 
Federal regulation, or any written instrument issued by the executive 
branch of the Government to an alien shall be deemed to refer to a 
noncitizen (as defined in section 101(a) of the Immigration and 
Nationality Act, as amended by subsection (a)(1)).

         TITLE I--EARNED PATH TO CITIZENSHIP AND OTHER REFORMS

                 Subtitle A--Earned Path to Citizenship

SEC. 1101. LAWFUL PROSPECTIVE IMMIGRANT STATUS.

    (a) In General.--Chapter 5 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after 
section 245A the following:

``SEC. 245B. ADJUSTMENT OF STATUS OF ELIGIBLE ENTRANTS TO THAT OF 
              LAWFUL PROSPECTIVE IMMIGRANT.

    ``(a) Requirements.--Notwithstanding any other provision of law, 
the Secretary may grant lawful prospective immigrant status to a 
noncitizen who--
            ``(1) satisfies the eligibility requirements set forth in 
        section 245G(b), including all criminal and national security 
        background checks and the payment of all applicable fees; and
            ``(2) submits an application pursuant to the procedures 
        under section 245G(b)(1).
    ``(b) Spouses and Children.--The requirement in paragraph (2) 
subsection (a) shall not apply to a noncitizen who is the spouse or 
child of a noncitizen who satisfies all requirements of that 
subsection.
    ``(c) Duration of Status and Extension.--The initial period of 
authorized admission for a lawful prospective immigrant--
            ``(1) shall remain valid for 6 years, unless revoked 
        pursuant to subsection 245G(g)(4); and
            ``(2) may be extended for additional 6-year terms if--
                    ``(A) the noncitizen remains eligible for lawful 
                prospective immigrant status;
                    ``(B) the noncitizen has successfully passed the 
                background checks described in section 245G(d)(3); and
                    ``(C) such status was not revoked by the Secretary.
    ``(d) Evidence of Lawful Prospective Immigrant Status.--
            ``(1) In general.--The Secretary shall issue documentary 
        evidence of lawful prospective immigrant status to each 
        noncitizen, including the principal applicant and any spouse or 
        child included in the application, whose application for such 
        status has been approved.
            ``(2) Documentation features.--Documentary evidence issued 
        under paragraph (1) shall--
                    ``(A) comply with the requirements of section 
                245G(g)(3)(C); and
                    ``(B) specify a period of validity of 6 years 
                beginning on the date of issuance.
    ``(e) Terms and Conditions of Lawful Prospective Immigrant 
Status.--
            ``(1) In general.--A noncitizen granted lawful prospective 
        immigrant status under this section shall be considered 
        lawfully present in the United States for all purposes while 
        such noncitizen remains in such status, except that the 
        noncitizen--
                    ``(A) is not entitled to the premium assistance tax 
                credit authorized under section 36B of the Internal 
                Revenue Code of 1986 for his or her health insurance 
                coverage;
                    ``(B) shall be subject to the rules applicable to 
                individuals not lawfully present that are set forth in 
                subsection (e) of that section;
                    ``(C) shall be subject to the rules applicable to 
                individuals not lawfully present that are set forth in 
                section 1402(e) of the Patient Protection and 
                Affordable Care Act (42 U.S.C. 18071); and
                    ``(D) shall be subject to the rules applicable to 
                individuals not lawfully present set forth in section 
                5000A(d)(3) of the Internal Revenue Code of 1986.
            ``(2) Eligibility for coverage under a qualified health 
        plan.--Notwithstanding section 1312(f)(3) of the Patient 
        Protection and Affordable Care Act (42 U.S.C. 18032(f)(3)), a 
        lawful prospective immigrant shall be treated as a qualified 
        individual under section 1312 of that Act if the lawful 
        prospective immigrant meets the requirements under subsection 
        (f)(1) of that section.
            ``(3) Employment.--Notwithstanding any other provision of 
        law, including section 241(a)(7), a lawful prospective 
        immigrant shall be authorized to be employed in the United 
        States while in such status.
            ``(4) Travel outside the united states.--A lawful 
        prospective immigrant may travel outside of the United States 
        and may be admitted, if otherwise admissible, upon returning to 
        the United States without having to obtain a visa if--
                    ``(A) the lawful prospective immigrant is in 
                possession of--
                            ``(i) valid, unexpired documentary evidence 
                        of lawful prospective immigrant status; or
                            ``(ii) a travel document, duly approved by 
                        the Secretary, that was issued to the lawful 
                        prospective immigrant after the lawful 
                        prospective immigrant's original documentary 
                        evidence was lost, stolen, or destroyed;
                    ``(B) the lawful prospective immigrant's absences 
                from the United States do not exceed 180 days, in the 
                aggregate, in any calendar year, unless--
                            ``(i) the lawful prospective immigrant's 
                        absences were authorized by the Secretary; or
                            ``(ii) the lawful prospective immigrant's 
                        failure to timely return was due to 
                        circumstances beyond the noncitizen's control;
                    ``(C) the lawful prospective immigrant meets the 
                requirements for an extension as described in 
                subsection (c)(2); and
                    ``(D) the lawful prospective immigrant establishes 
                that the lawful prospective immigrant is not 
                inadmissible under subparagraph (A)(i), (A)(iii), (B), 
                or (C) of section 212(a)(3).
            ``(5) Assignment of social security number.--
                    ``(A) In general.--The Commissioner of Social 
                Security (referred to in this paragraph as the 
                `Commissioner'), in coordination with the Secretary, 
                shall implement a system to allow for the assignment of 
                a Social Security number and the issuance of a Social 
                Security card to each lawful prospective immigrant.
                    ``(B) Information sharing.--
                            ``(i) In general.--The Secretary shall 
                        provide the Commissioner with information from 
                        the applications submitted by noncitizens 
                        granted lawful prospective immigrant status 
                        under this section and such other information 
                        as the Commissioner considers necessary to 
                        assign a Social Security account number to such 
                        noncitizens.
                            ``(ii) Use of information.--The 
                        Commissioner may use information received from 
                        the Secretary under this subparagraph--
                                    ``(I) to assign Social Security 
                                account numbers to lawful prospective 
                                immigrants; and
                                    ``(II) to administer the programs 
                                of the Social Security Administration.
                            ``(iii) Limitation.--The Commissioner may 
                        maintain, use, and disclose such information 
                        only as permitted under section 552a of title 
                        5, United States Code (commonly known as the 
                        Privacy Act of 1974), and other applicable 
                        Federal law.''.
    (b) Enlistment in the Armed Forces.--Section 504(b)(1) of title 10, 
United States Code, is amended by adding at the end the following:
                    ``(D) A noncitizen who has been granted lawful 
                prospective immigrant status under section 245B of the 
                Immigration and Nationality Act.''.
    (c) Technical and Conforming Amendments.--
            (1) Table of contents.--The table of contents for the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
        amended by inserting after the item relating to section 245A 
        the following:

``Sec. 245B. Adjustment of status of eligible entrants to that of 
                            lawful prospective immigrant.''.
            (2) Definition of lawful prospective immigrant.--Section 
        101(a) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)), as amended by section 3, is further amended by adding 
        at the end the following:
    ``(54) Lawful Prospective Immigrant.--The term `lawful prospective 
immigrant' means a noncitizen granted lawful prospective immigrant 
status under section 245B.''.

SEC. 1102. ADJUSTMENT OF STATUS OF LAWFUL PROSPECTIVE IMMIGRANTS.

    (a) In General.--Chapter 5 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1255 et seq.), as amended by section 1101, is 
further amended by inserting after section 245B the following:

``SEC. 245C. ADJUSTMENT OF STATUS OF LAWFUL PROSPECTIVE IMMIGRANTS.

    ``(a) Requirements.--Notwithstanding any other provision of law, 
the Secretary may adjust the status of a lawful prospective immigrant 
to that of a lawful permanent resident if the lawful prospective 
immigrant--
            ``(1) subject to subsection (b), satisfies the eligibility 
        requirements set forth in section 245G(b), including all 
        criminal and national security background checks and the 
        payment of all applicable fees;
            ``(2) submits an application pursuant to the procedures 
        under section 245G(b)(1);
            ``(3) has been a lawful prospective immigrant for not less 
        than 5 years;
            ``(4) remains eligible for such status;
            ``(5) establishes, to the satisfaction of the Secretary, 
        that the lawful prospective immigrant has not been continuously 
        absent from the United States for more than 180 days in any 
        calendar year during the period of admission as a lawful 
        prospective immigrant, unless the lawful prospective 
        immigrant's absence was--
                    ``(A) authorized by the Secretary; or
                    ``(B) due to circumstances beyond the lawful 
                prospective immigrant's control; and
            ``(6) has satisfied any applicable Federal tax liability.
    ``(b) Previous Waivers.--For purposes of this section, any ground 
of inadmissibility under section 212(a) that was previously waived for 
a noncitizen, or made inapplicable under any section of this Act, shall 
not apply.
    ``(c) Demonstration of Compliance.--An applicant may demonstrate 
compliance with subsection (a)(6) by submitting appropriate 
documentation, in accordance with regulations promulgated by the 
Secretary, in consultation with the Secretary of the Treasury.
    ``(d) Applicable Federal Tax Liability Defined.--In this section, 
the term `applicable Federal tax liability' means all Federal income 
taxes assessed in accordance with section 6203 of the Internal Revenue 
Code of 1986.''.
    (b) Technical and Conforming Amendments.--
            (1) Table of contents.--The table of contents for the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as 
        amended by section 1101, is further amended by inserting after 
        the item relating to section 245B the following:

``Sec. 245C. Adjustment of status of lawful prospective immigrants.''.
            (2) Definition of lawful permanent resident.--Section 
        101(a) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)), as amended by section 1101, is further amended by 
        adding at the end the following:
    ``(55) Lawful Permanent Resident.--The term `lawful permanent 
resident' means a noncitizen lawfully admitted for permanent 
residence.''.

SEC. 1103. THE DREAM ACT.

    (a) In General.--Chapter 5 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1255 et seq.), as amended by section 1102, is 
further amended by inserting after section 245C the following:

``SEC. 245D. ADJUSTMENT OF STATUS FOR CERTAIN NONCITIZENS WHO ENTERED 
              THE UNITED STATES AS CHILDREN.

    ``(a) Requirements.--Notwithstanding any other provision of law, 
the Secretary may grant lawful permanent resident status to a 
noncitizen if the noncitizen--
            ``(1) satisfies the eligibility requirements set forth in 
        section 245G(b), including all criminal and national security 
        background checks and the payment of all applicable fees;
            ``(2) submits an application pursuant to the procedures 
        under section 245G(b)(1);
            ``(3) was younger than 18 years of age on the date on which 
        the noncitizen initially entered the United States;
            ``(4) has earned a high school diploma, a commensurate 
        alternative award from a public or private high school or 
        secondary school, a general education development certificate 
        recognized under State law, or a high school equivalency 
        diploma in the United States;
            ``(5)(A) has obtained a degree from an institution of 
        higher education, or has completed at least 2 years, in good 
        standing, of a program in the United States leading to a 
        bachelor's degree or higher degree or a recognized 
        postsecondary credential from an area career and technical 
        education school providing education at the postsecondary 
        level;
            ``(B) has served in the uniformed services for not less 
        than 2 years and, if discharged, received an honorable 
        discharge; or
            ``(C) demonstrates earned income for periods totaling not 
        less than 3 years and not less than 75 percent of the time that 
        the noncitizen has had valid employment authorization, except 
        that, in the case of a noncitizen who was enrolled in an 
        institution of higher education or an area career and technical 
        education school to obtain a recognized postsecondary 
        credential, the Secretary shall reduce such total 3-year 
        requirement by the total of such periods of enrollment; and
            ``(6) establishes that the noncitizen has registered under 
        the Military Selective Service Act (50 U.S.C. 3801 et seq.), if 
        the noncitizen is subject to registration under that Act.
    ``(b) Waiver.--The Secretary may waive the requirement under 
subsection (a)(5) if the noncitizen demonstrates compelling 
circumstances for the noncitizen's inability to satisfy such 
requirement.
    ``(c) Spouses and Children.--The requirements in paragraphs (2) 
through (6) of subsection (a) shall not apply to a noncitizen who is 
the spouse or child of a noncitizen who satisfies all requirements of 
that subsection.
    ``(d) Special Procedure for Applicants With DACA.--The Secretary 
shall establish a streamlined procedure for noncitizens who--
            ``(1) have been granted Deferred Action for Childhood 
        Arrivals pursuant to the memorandum of the Department of 
        Homeland Security entitled `Exercising Prosecutorial Discretion 
        with Respect to Individuals Who Came to the United States as 
        Children' issued on June 15, 2012 (referred to in this section 
        as `DACA'); and
            ``(2) meet the requirements for renewal of DACA to apply 
        for adjustment of status to that of a lawful permanent 
        resident.
    ``(e) Treatment of Individuals Granted DACA and Individuals Who 
Adjust Status Under This Section.--
            ``(1) Pre-existing condition insurance plan program.--The 
        interim final rule of the Department of Health and Human 
        Services entitled `Pre-Existing Condition Insurance Plan 
        Program' (77 Fed. Reg. 52614 (August 30, 2012)) shall have no 
        force or effect.
            ``(2) Applicable definition of lawfully present.--In 
        determining whether an individual is lawfully present for 
        purposes of determining whether the individual is lawfully 
        residing in the United States under section 1903(v)(4) of the 
        Social Security Act (42 U.S.C. 1396b(v)(4)), the definition of 
        `lawfully present' under section 152.2 of title 45, Code of 
        Federal Regulations (or any successor regulation) shall be 
        applied.
            ``(3) Inapplicability of limitation on federal means-tested 
        public benefits.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, except as provided in subparagraph 
                (B), with respect to eligibility for any benefit under 
                title XIX or XXI of the Social Security Act (42 U.S.C. 
                1396 et seq. or 1397aa et seq.), the limitation under 
                section 403(a) of the Personal Responsibility and Work 
                Opportunity Reconciliation Act of 1996 (8 U.S.C. 
                1613(a)) shall not apply to an individual who adjusts 
                status under this section.
                    ``(B) Exception.--The limitation described in 
                subparagraph (A) shall apply to an individual who was 
                eligible to adjust status only by virtue of subsection 
                (c).
    ``(f) Institution of Higher Education Defined.--In this section, 
the term `institution of higher education' has the meaning given such 
term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 
1002), except that the term does not include institutions described in 
subsection (a)(1)(C) of such section.''.
    (b) Compensation for Officers or Employees of the United States.--
Section 704 of title VII of division E of the Consolidated 
Appropriations Act, 2018 (Public Law 115-141; 132 Stat. 588) is 
amended--
            (1) in paragraph (3), by striking ``; or'' and inserting a 
        semicolon; and
            (2) in paragraph (4), by inserting ``; or (5) is a person 
        who is employed by the House of Representatives or the Senate, 
        and has been issued an employment authorization document under 
        DACA'' after ``United States''.
    (c) Restoration of State Option To Determine Residency for Purposes 
of Higher Education.--
            (1) Repeal.--Section 505 of the Illegal Immigration Reform 
        and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is 
        repealed.
            (2) Effective date.--The repeal under paragraph (1) shall 
        take effect as if included in the original enactment of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (division C of Public Law 104-208).
    (d) Federal Housing Administration Insurance of Mortgages.--Section 
203 of the National Housing Act (12 U.S.C. 1709) is amended by 
inserting after subsection (h) the following:
    ``(i) DACA Recipient Eligibility.--
            ``(1) DACA recipient defined.--In this subsection, the term 
        `DACA recipient' means a noncitizen who, at any time before, 
        on, or after the date of enactment of this subsection, is or 
        was subject to a grant of deferred action pursuant to the 
        Department of Homeland Security memorandum entitled `Exercising 
        Prosecutorial Discretion with Respect to Individuals Who Came 
        to the United States as Children' issued on June 15, 2012.
            ``(2) Prohibition.--The Secretary may not--
                    ``(A) prescribe terms that limit the eligibility of 
                a single family mortgage for insurance under this title 
                because of the status of the mortgagor as a DACA 
                recipient; or
                    ``(B) issue any limited denial of participation in 
                the program for such insurance because of the status of 
                the mortgagor as a DACA recipient.
            ``(3) Exemption.--
                    ``(A) Denial for failure to satisfy valid 
                eligibility requirements.--Nothing in this title 
                prohibits the denial of insurance based on failure to 
                satisfy valid eligibility requirements.
                    ``(B) Invalid eligibility requirements.--Valid 
                eligibility requirements do not include criteria that 
                were adopted with the purpose of denying eligibility 
                for insurance because of race, color, religion, sex, 
                familial status, national origin, disability, or the 
                status of a mortgagor as a DACA recipient.''.
    (e) Rural Housing Service.--Section 501 of the Housing Act of 1949 
(42 U.S.C. 1471) is amended by adding at the end the following:
    ``(k) DACA Recipient Eligibility.--
            ``(1) DACA recipient defined.--In this subsection, the term 
        `DACA recipient' means a noncitizen who, at any time before, 
        on, or after the date of enactment of this subsection, is or 
        was subject to a grant of deferred action pursuant to the 
        Department of Homeland Security memorandum entitled `Exercising 
        Prosecutorial Discretion with Respect to Individuals Who Came 
        to the United States as Children' issued on June 15, 2012.
            ``(2) Prohibition.--The Secretary may not prescribe terms 
        that limit eligibility for a single family mortgage made, 
        insured, or guaranteed under this title because of the status 
        of the mortgagor as a DACA recipient.''.
    (f) Fannie Mae.--Section 302(b) of the National Housing Act (12 
U.S.C. 1717(b)) is amended by adding at the end the following:
            ``(8) DACA recipient eligibility.--
                    ``(A) DACA recipient defined.--In this paragraph, 
                the term `DACA recipient' means a noncitizen who, at 
                any time before, on, or after the date of enactment of 
                this paragraph, is or was subject to a grant of 
                deferred action pursuant to the Department of Homeland 
                Security memorandum entitled `Exercising Prosecutorial 
                Discretion with Respect to Individuals Who Came to the 
                United States as Children' issued on June 15, 2012.
                    ``(B) Prohibition.--The corporation may not 
                condition purchase of a single-family residence 
                mortgage by the corporation under this subsection on 
                the status of the borrower as a DACA recipient.''.
    (g) Freddie Mac.--Section 305(a) of the Federal Home Loan Mortgage 
Corporation Act (12 U.S.C. 1454(a)) is amended by adding at the end the 
following:
            ``(6) DACA recipient eligibility.--
                    ``(A) DACA recipient defined.--In this paragraph, 
                the term `DACA recipient' means a noncitizen who, at 
                any time before, on, or after the date of enactment of 
                this paragraph, is or was subject to a grant of 
                deferred action pursuant to the Department of Homeland 
                Security memorandum entitled `Exercising Prosecutorial 
                Discretion with Respect to Individuals Who Came to the 
                United States as Children' issued on June 15, 2012.
                    ``(B) Prohibition.--The Corporation may not 
                condition purchase of a single-family residence 
                mortgage by the Corporation under this subsection on 
                the status of the borrower as a DACA recipient.''.
    (h) Technical and Conforming Amendment.--The table of contents for 
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as amended 
by section 1102, is further amended by inserting after the item 
relating to section 245C the following:

``Sec. 245D. Adjustment of status for certain noncitizens who entered 
                            the United States as children.''.

SEC. 1104. THE AMERICAN PROMISE ACT.

    (a) Adjustment of Status for Certain Nationals of Certain Countries 
Designated for Temporary Protected Status or Deferred Enforced 
Departure.--Chapter 5 of title II of the Immigration and Nationality 
Act (8 U.S.C. 1255 et seq.), as amended by section 1103, is further 
amended by inserting after section 245D the following:

``SEC. 245E. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF CERTAIN 
              COUNTRIES DESIGNATED FOR TEMPORARY PROTECTED STATUS OR 
              DEFERRED ENFORCED DEPARTURE.

    ``(a) Requirements.--Notwithstanding any other provision of law, 
the Secretary may grant lawful permanent resident status to a 
noncitizen if the noncitizen--
            ``(1) satisfies the eligibility requirements set forth in 
        section 245G(b), including all criminal and national security 
        background checks and the payment of all applicable fees;
            ``(2) submits an application pursuant to the procedures 
        under section 245G(b)(1);
            ``(3) subject to section 245G(b)(3)(B)(ii), has been 
        continuously physically present in the United States since 
        January 1, 2017; and
            ``(4)(A) is a national of a foreign state (or a part 
        thereof), or in the case of a noncitizen having no nationality, 
        is a person who last habitually resided in such foreign state, 
        with a designation under section 244(b) on January 1, 2017, who 
        had or was otherwise eligible for temporary protected status on 
        such date notwithstanding subsections (c)(1)(A)(iv) and 
        (c)(3)(C) of that section; or
            ``(B) was eligible for deferred enforced departure as of 
        January 1, 2017.
    ``(b) Spouses and Children.--The requirements of paragraphs (2) 
through (4) of subsection (a) shall not apply to a noncitizen who is 
the spouse or child of a noncitizen who satisfies all the requirements 
of subsection (a).''.
    (b) Clarification of Inspection and Admission Under Temporary 
Protected Status.--The Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended--
            (1) in section 244(f)(4) (8 U.S.C. 1254a(f)(4)), by 
        inserting ``as having been inspected and admitted to the United 
        States'' after ``considered''; and
            (2) in section 245(c) (8 U.S.C. 1255(c)), in the matter 
        preceding paragraph (1), by inserting ``or a noncitizen granted 
        temporary protected status under section 244'' after ``self-
        petitioner''.
    (c) Technical and Conforming Amendment.--The table of contents for 
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as amended 
by section 1103, is further amended by inserting after the item 
relating to section 245D the following:

``Sec. 245E. Adjustment of status for certain nationals of certain 
                            countries designated for temporary 
                            protected status or deferred enforced 
                            departure.''.

SEC. 1105. THE AGRICULTURAL WORKERS ADJUSTMENT ACT.

    (a) In General.--Chapter 5 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1255 et seq.), as amended by section 1104, is 
further amended by inserting after section 245E the following:

``SEC. 245F. ADJUSTMENT OF STATUS FOR AGRICULTURAL WORKERS.

    ``(a) Requirements.--Notwithstanding any other provision of law, 
the Secretary may grant lawful permanent resident status to a 
noncitizen if--
            ``(1) the noncitizen satisfies the eligibility requirements 
        set forth in section 245G(b), including all criminal and 
        national security background checks and the payment of all 
        applicable fees; and
            ``(2) submits an application pursuant to the procedures 
        under section 245G(b)(1); and
            ``(3) the Secretary determines that, during the 5-year 
        period immediately preceding the date on which the noncitizen 
        submits an application under this section, the noncitizen 
        performed agricultural labor or services for at least 2,300 
        hours or 400 work days.
    ``(b) Spouses and Children.--The requirements of paragraph (3) of 
subsection (a) shall not apply to a noncitizen who is the spouse or 
child of a noncitizen who satisfies all the requirements of that 
subsection.
    ``(c) Agricultural Labor or Services Defined.--In this section, the 
term `agricultural labor or services' means--
            ``(1) agricultural labor or services (within the meaning of 
        the term in section 101(a)(15)(H)(ii)), without regard to 
        whether the labor or services are of a seasonal or temporary 
        nature; and
            ``(2) agricultural employment (as defined in section 3 of 
        the Migrant and Seasonal Agricultural Worker Protection Act (29 
        U.S.C. 1802)), without regard to whether the specific service 
        or activity is temporary or seasonal.''.
    (b) Technical and Conforming Amendment.--The table of contents for 
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as amended 
by section 1104, is further amended by inserting after the item 
relating to section 245E the following:

``Sec. 245F. Adjustment of status for agricultural workers.''.

SEC. 1106. GENERAL PROVISIONS RELATING TO ADJUSTMENT OF STATUS.

    (a) In General.--Chapter 5 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1255 et seq.), as amended by section 1105, is 
further amended by inserting after section 245E the following:

``SEC. 245G. GENERAL PROVISIONS RELATING TO ADJUSTMENT OF STATUS.

    ``(a) Applicability.--Unless otherwise specified, the provisions of 
this section shall apply to sections 245B, 245C, 245D, 245E, and 245F.
    ``(b) Common Eligibility Requirements for Applications Under 
Sections 245B, 245C, 245D, 245E, and 245F.--Unless otherwise specified, 
a noncitizen applying for status under section 245B, 245C, 245D, 245E, 
or 245F shall satisfy the following requirements:
            ``(1) Submittal of application.--The noncitizen shall 
        submit a completed application to the Secretary at such time, 
        in such manner, and containing such information as the 
        Secretary shall require.
            ``(2) Payment of fees.--
                    ``(A) In general.--A noncitizen who is 18 years of 
                age or older shall pay to the Department of Homeland 
                Security a processing fee in an amount determined by 
                the Secretary.
                    ``(B) Recovery of costs.--The processing fee 
                referred to in subparagraph (A) shall be set at a level 
                sufficient to recover the cost of processing the 
                application.
                    ``(C) Authority to limit fees.--The Secretary may--
                            ``(i) limit the maximum processing fee 
                        payable under this paragraph by a family; and
                            ``(ii) for good cause, exempt individual 
                        applicants or defined classes of applicants 
                        from the requirement to pay fees under this 
                        paragraph.
                    ``(D) Deposit.--Fees collected under this paragraph 
                shall be deposited into the Immigration Examinations 
                Fee Account pursuant to section 286(m).
            ``(3) Physical presence.--
                    ``(A) Date of submittal of application.--The 
                noncitizen shall be physically present in the United 
                States on the date on which the application is 
                submitted.
                    ``(B) Continuous physical presence.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the noncitizen shall have been 
                        continuously physically present in the United 
                        States beginning on January 1, 2021, and ending 
                        on the date on which the application is 
                        approved.
                            ``(ii) Exceptions.--
                                    ``(I) Authorized absence.--A 
                                noncitizen who departed temporarily 
                                from the United States shall not be 
                                considered to have failed to maintain 
                                continuous physical presence in the 
                                United States during any period of 
                                travel that was authorized by the 
                                Secretary.
                                    ``(II) Brief, casual, and innocent 
                                absences.--
                                            ``(aa) In general.--A 
                                        noncitizen who departed 
                                        temporarily from the United 
                                        States shall not be considered 
                                        to have failed to maintain 
                                        continuous physical presence in 
                                        the United States if the 
                                        noncitizen's absences from the 
                                        United States are brief, 
                                        casual, and innocent, whether 
                                        or not such absences were 
                                        authorized by the Secretary.
                                            ``(bb) Absences more than 
                                        180 days.--For purposes of this 
                                        clause, an absence of more than 
                                        180 days, in the aggregate, 
                                        during a calendar year shall 
                                        not be considered brief, unless 
                                        the Secretary finds that the 
                                        length of the absence was due 
                                        to circumstances beyond the 
                                        noncitizen's control, including 
                                        the serious illness of the 
                                        noncitizen, death or serious 
                                        illness of a spouse, parent, 
                                        grandparent, grandchild, 
                                        sibling, son, or daughter of 
                                        the noncitizen, or due to 
                                        international travel 
                                        restrictions.
                            ``(iii) Effect of notice to appear.--
                        Issuance of a notice to appear under section 
                        239(a) shall not be considered to interrupt the 
                        continuity of a noncitizen's continuous 
                        physical presence in the United States.
            ``(4) Waiver for noncitizens previously removed.--
                    ``(A) In general.--With respect to a noncitizen who 
                was removed from or who departed the United States on 
                or after January 20, 2017, and who was continuously 
                physically present in the United States for not fewer 
                than 3 years immediately preceding the date on which 
                the noncitizen was removed or departed, the Secretary 
                may waive, for humanitarian purposes, to ensure family 
                unity, or if such a waiver is otherwise in the public 
                interest, the application of--
                            ``(i) paragraph (3)(A); and
                            ``(ii) in the case of an applicant for 
                        lawful prospective immigrant status under 
                        section 245B, if the applicant has not 
                        reentered the United States unlawfully after 
                        January 1, 2021, subsection (c)(3).
                    ``(B) Application procedure.--The Secretary, in 
                consultation with the Secretary of State, shall 
                establish a procedure by which a noncitizen, while 
                outside the United States, may apply for status under 
                section 245B, 245C, 245D, 245E, or 245F, as applicable, 
                if the noncitizen would have been eligible for such 
                status but for the noncitizen's removal or departure.
    ``(c) Grounds for Ineligibility.--
            ``(1) Certain grounds of inadmissibility.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                noncitizen shall be ineligible for status under 
                sections 245B, 245C, 245D, 245E, and 245F if the 
                noncitizen--
                            ``(i) is inadmissible under paragraph (2), 
                        (3), (6)(E), (8), (10)(C), or (10)(E) of 
                        section 212(a);
                            ``(ii) has been convicted of a felony 
                        offense (excluding any offense under State law 
                        for which an essential element in the 
                        noncitizen's immigration status); or
                            ``(iii) has been convicted of 3 or more 
                        misdemeanor offenses (excluding simple 
                        possession of cannabis or cannabis-related 
                        paraphernalia, any offense involving cannabis 
                        or cannabis-related paraphernalia that is no 
                        longer prosecutable in the State in which the 
                        conviction was entered, any offense under State 
                        law for which an essential element is the 
                        noncitizen's immigration status, any offense 
                        involving civil disobedience without violence, 
                        and any minor traffic offense) not occurring on 
                        the same date, and not arising out of the same 
                        act, omission, or scheme of misconduct.
                    ``(B) Waivers.--
                            ``(i) In general.--For purposes of 
                        subparagraph (A), the Secretary may, for 
                        humanitarian purposes, family unity, or if 
                        otherwise in the public interest--
                                    ``(I) waive inadmissibility under--
                                            ``(aa) subparagraphs (A), 
                                        (C), and (D) of section 
                                        212(a)(2); and
                                            ``(bb) paragraphs (6)(E), 
                                        (8), (10)(C), and (10)(E) of 
                                        such section;
                                    ``(II) waive ineligibility under 
                                subparagraph (A)(ii) (excluding 
                                offenses described in section 
                                101(a)(43)(A)) or inadmissibility under 
                                subparagraph (B) of section 212(a)(2) 
                                if the noncitizen has not been 
                                convicted of any offense during the 10-
                                year period preceding the date on which 
                                the noncitizen applies for status under 
                                section 245B, 245C, 245D, 245E, or 
                                245F, as applicable; and
                                    ``(III) for purposes of 
                                subparagraph (A)(iii), waive 
                                consideration of--
                                            ``(aa) 1 misdemeanor 
                                        offense if, during the 5-year 
                                        period preceding the date on 
                                        which the noncitizen applies 
                                        for status under section 245B, 
                                        245C, 245D, 245E, or 245F, as 
                                        applicable, the noncitizen has 
                                        not been convicted of any 
                                        offense; or
                                            ``(bb) 2 misdemeanor 
                                        offenses if, during the 10-year 
                                        period preceding such date, the 
                                        noncitizen has not been 
                                        convicted of any offense.
                            ``(ii) Considerations.--In making a 
                        determination under subparagraph (B), the 
                        Secretary of Homeland Security or the Attorney 
                        General shall consider all mitigating and 
                        aggravating factors, including--
                                    ``(I) the severity of the 
                                underlying circumstances, conduct, or 
                                violation;
                                    ``(II) the duration of the 
                                noncitizen's residence in the United 
                                States;
                                    ``(III) evidence of rehabilitation, 
                                if applicable; and
                                    ``(IV) the extent to which the 
                                noncitizen's removal, or the denial of 
                                the noncitizen's application, would 
                                adversely affect the noncitizen or the 
                                noncitizen's United States citizen or 
                                lawful permanent resident family 
                                members.
            ``(2) Noncitizens in certain immigration statuses.--
                    ``(A) In general.--A noncitizen shall be ineligible 
                for status under sections 245B, 245C, 245D, 245E, and 
                245F if on January 1, 2021, the noncitizen was any of 
                the following:
                            ``(i) A lawful permanent resident.
                            ``(ii) A noncitizen admitted as a refugee 
                        under section 207 or granted asylum under 
                        section 208.
                            ``(iii) A noncitizen who, according to the 
                        records of the Secretary or the Secretary of 
                        State, is in a period of authorized stay in a 
                        nonimmigrant status described in section 
                        101(a)(15)(A), other than--
                                    ``(I) a spouse or a child of a 
                                noncitizen eligible for status under 
                                section 245B, 245C, 245D, 245E, or 
                                245F;
                                    ``(II) a noncitizen considered to 
                                be in a nonimmigrant status solely by 
                                reason of section 702 of the 
                                Consolidated Natural Resources Act of 
                                2008 (Public Law 110-229; 122 Stat. 
                                854) or section 244(f)(4) of this Act;
                                    ``(III) a nonimmigrant described in 
                                section 101(a)(15)(H)(ii)(a); and
                                    ``(IV) a noncitizen who has engaged 
                                in `essential critical infrastructure 
                                labor or services', as described in the 
                                `Advisory Memorandum on Identification 
                                of Essential Critical Infrastructure 
                                Workers During COVID-19 Response' (as 
                                revised by the Department of Homeland 
                                Security) during the period described 
                                in subparagraph (B).
                            ``(iv) A noncitizen paroled into the 
                        Commonwealth of the Northern Mariana Islands or 
                        Guam who did not reside in the Commonwealth or 
                        Guam on November 28, 2009.
                    ``(B) Period described.--The period described in 
                this subparagraph is the period that--
                            ``(i) begins on the first day of the public 
                        health emergency declared by the Secretary of 
                        Health and Human Services under section 319 of 
                        the Public Health Service Act (42 U.S.C. 247d) 
                        with respect to COVID-19; and
                            ``(ii) ends on the date that is 90 days 
                        after the date on which such public health 
                        emergency terminates.
            ``(3) Certain noncitizens outside the united states and 
        unlawful reentrants.--A noncitizen shall be ineligible for 
        status under sections 245B, 245C, 245D, 245E, and 245F if the 
        noncitizen--
                    ``(A) departed the United States while subject to 
                an order of exclusion, deportation, removal, or 
                voluntary departure; and
                    ``(B)(i) was outside the United States on January 
                1, 2021; or
                    ``(ii) reentered the United States unlawfully after 
                January 1, 2021.
    ``(d) Submission of Biometric and Biographic Data; Background 
Checks.--
            ``(1) In general.--The Secretary may not grant a noncitizen 
        status under section 245B, 245C, 245D, 245E, or 245F unless the 
        noncitizen submits biometric and biographic data, in accordance 
        with procedures established by the Secretary.
            ``(2) Alternative procedure.--The Secretary shall provide 
        an alternative procedure for noncitizens who are unable to 
        provide such biometric or biographic data due to a physical 
        impairment.
            ``(3) Background checks.--
                    ``(A) In general.--The Secretary shall use 
                biometric and biographic data--
                            ``(i) to conduct security and law 
                        enforcement background checks; and
                            ``(ii) to determine whether there is any 
                        criminal, national security, or other factor 
                        that would render the noncitizen ineligible for 
                        status under section 245B, 245C, 245D, 245E, or 
                        245F, as applicable.
                    ``(B) Completion required.--A noncitizen may not be 
                granted status under section 245B, 245C, 245D, 245E, or 
                245F unless security and law enforcement background 
                checks are completed to the satisfaction of the 
                Secretary.
    ``(e) Eligibility for Other Statuses.--
            ``(1) In general.--A noncitizen's eligibility for status 
        under section 245B, 245C, 245D, 245E, or 245F shall not 
        preclude the noncitizen from seeking any status under any other 
        provision of law for which the noncitizen may otherwise be 
        eligible.
            ``(2) Inapplicability of other provisions.--Section 
        208(d)(6) shall not apply to any noncitizen who submits an 
        application under section 245B, 245C, 245D, 245E, or 245F.
    ``(f) Exemption From Numerical Limitation.--Nothing in this section 
or section 245B, 245C, 245D, 245E, or 245F or in any other law may be 
construed--
            ``(1) to limit the number of noncitizens who may be granted 
        status under sections 245B, 245C, 245D, 245E, and 245F; or
            ``(2) to count against any other numerical limitation under 
        this Act.
    ``(g) Procedures.--
            ``(1) Opportunity to apply and limitation on removal.--A 
        noncitizen who appears to be prima facie eligible for status 
        under section 245B, 245C, 245D, 245E, or 245F shall be given a 
        reasonable opportunity to apply for such adjustment of status 
        and, if the noncitizen applies within a reasonable period, the 
        noncitizen shall not be removed before--
                    ``(A) the Secretary has issued a final decision 
                denying relief;
                    ``(B) a final order of removal has been issued; and
                    ``(C) the decision of the Secretary is upheld by a 
                court, or the time for initiating judicial review under 
                section 242 has expired, unless the order of removal is 
                based on criminal or national security grounds, in 
                which case removal does not affect the noncitizen's 
                right to judicial review.
            ``(2) Spouses and children.--
                    ``(A) Family application.--The Secretary shall 
                establish a process by which a principal applicant and 
                his or her spouse and children may file a single 
                combined application under section 245B, 245C, 245D, 
                245E, or 245F, including a petition to classify the 
                spouse and children as the spouse and children of the 
                principal applicant.
                    ``(B) Effect of termination of legal relationship 
                or domestic violence.--If the spousal or parental 
                relationship between a noncitizen granted lawful 
                prospective immigrant status or lawful permanent 
                resident status under section 245B, 245C, 245D, 245E, 
                or 245F and the noncitizen's spouse or child is 
                terminated by death, divorce, or annulment, or the 
                spouse or child has been battered or subjected to 
                extreme cruelty by the noncitizen (regardless of 
                whether the legal relationship terminates), the spouse 
                or child may apply independently for lawful prospective 
                immigrant status or lawful permanent resident status if 
                he or she is otherwise eligible.
                    ``(C) Effect of denial of application or revocation 
                of status.--If the application of a noncitizen for 
                status under section 245B, 245C, 245D, 245E, or 245F is 
                denied, or his or her status is revoked, the spouse or 
                child of such noncitizen shall remain eligible to apply 
                independently for status under the applicable section.
            ``(3) Adjudication.--
                    ``(A) In general.--The Secretary shall evaluate 
                each application submitted under section 245B, 245C, 
                245D, 245E, or 245F to determine whether the applicant 
                meets the applicable requirements.
                    ``(B) Adjustment of status if favorable 
                determination.--If the Secretary determines that a 
                noncitizen meets the requirements of section 245B, 
                245C, 245D, 245E, or 245F, as applicable, the Secretary 
                shall--
                            ``(i) notify the noncitizen of such 
                        determination; and
                            ``(ii) adjust the status of the noncitizen 
                        to that of lawful prospective immigrant or 
                        lawful permanent resident, as applicable, 
                        effective as of the date of such determination.
                    ``(C) Documentary evidence of status.--
                            ``(i) In general.--The Secretary shall 
                        issue documentary evidence of lawful 
                        prospective immigrant status or lawful 
                        permanent resident status, as applicable, to 
                        each noncitizen whose application for such 
                        status has been approved.
                            ``(ii) Elements.--Documentary evidence 
                        issued under clause (i) shall--
                                    ``(I) be machine-readable and 
                                tamper-resistant;
                                    ``(II) contain a digitized 
                                photograph of the noncitizen;
                                    ``(III) during the noncitizen's 
                                authorized period of admission, serve 
                                as a valid travel and entry document; 
                                and
                                    ``(IV) include such other features 
                                and information as the Secretary may 
                                prescribe.
                            ``(iii) Employment authorization.--
                        Documentary evidence issued under clause (i) 
                        shall be accepted during the period of its 
                        validity by an employer as evidence of 
                        employment authorization and identity under 
                        section 274A(b)(1)(B); and
                    ``(D) Adverse determination.--If the Secretary 
                determines that the noncitizen does not meet the 
                requirements for the status for which the noncitizen 
                applied, the Secretary shall notify the noncitizen of 
                such determination.
                    ``(E) Withdrawal of application.--
                            ``(i) In general.--On receipt of a request 
                        to withdraw an application under section 245B, 
                        245C, 245D, 245E, or 245F, the Secretary shall 
                        cease processing of the application and close 
                        the case.
                            ``(ii) Effect of withdrawal.--Withdrawal of 
                        such an application shall not prejudice any 
                        future application filed by the applicant for 
                        any immigration benefit under this Act.
                    ``(F) Document requirements.--
                            ``(i) Establishing identity.--A 
                        noncitizen's application for status under 
                        section 245B, 245C, 245D, 245E, or 245F may 
                        include, as evidence of identity, the 
                        following:
                                    ``(I) A passport or national 
                                identity document from the noncitizen's 
                                country of origin that includes the 
                                noncitizen's name and the noncitizen's 
                                photograph or fingerprint.
                                    ``(II) The noncitizen's birth 
                                certificate and an identity card that 
                                includes the noncitizen's name and 
                                photograph.
                                    ``(III) A school identification 
                                card that includes the noncitizen's 
                                name and photograph, and school records 
                                showing the noncitizen's name and that 
                                the noncitizen is or was enrolled at 
                                the school.
                                    ``(IV) A uniformed services 
                                identification card issued by the 
                                Department of Defense.
                                    ``(V) Any immigration or other 
                                document issued by the United States 
                                Government bearing the noncitizen's 
                                name and photograph.
                                    ``(VI) A State-issued 
                                identification card bearing the 
                                noncitizen's name and photograph.
                                    ``(VII) Any other evidence that the 
                                Secretary determines to be credible.
                            ``(ii) Documents establishing continuous 
                        physical presence.--Evidence that the 
                        noncitizen has been continuously physically 
                        present in the United States may include the 
                        following:
                                    ``(I) Passport entries, including 
                                admission stamps on the noncitizen's 
                                passport.
                                    ``(II) Any document from the 
                                Department of Justice or the Department 
                                of Homeland Security noting the 
                                noncitizen's date of entry into the 
                                United States.
                                    ``(III) Records from any 
                                educational institution the noncitizen 
                                has attended in the United States.
                                    ``(IV) Employment records of the 
                                noncitizen that include the employer's 
                                name and contact information.
                                    ``(V) Records of service from the 
                                uniformed services.
                                    ``(VI) Official records from a 
                                religious entity confirming the 
                                noncitizen's participation in a 
                                religious ceremony.
                                    ``(VII) A birth certificate for a 
                                child who was born in the United 
                                States.
                                    ``(VIII) Hospital or medical 
                                records showing medical treatment or 
                                hospitalization, the name of the 
                                medical facility or physician, and the 
                                date of the treatment or 
                                hospitalization.
                                    ``(IX) Automobile license receipts 
                                or registration.
                                    ``(X) Deeds, mortgages, or rental 
                                agreement contracts.
                                    ``(XI) Rent receipts or utility 
                                bills bearing the noncitizen's name or 
                                the name of an immediate family member 
                                of the noncitizen, and the noncitizen's 
                                address.
                                    ``(XII) Tax receipts.
                                    ``(XIII) Insurance policies.
                                    ``(XIV) Remittance records, 
                                including copies of money order 
                                receipts sent in or out of the country.
                                    ``(XV) Travel records, including 
                                online or hardcopy airplane, bus and 
                                train tickets, itineraries, and hotel 
                                or hostel receipts.
                                    ``(XVI) Dated bank transactions.
                                    ``(XVII) Sworn affidavits from at 
                                least two individuals who are not 
                                related to the noncitizen who have 
                                direct knowledge of the noncitizen's 
                                continuous physical presence in the 
                                United States, that contain--
                                            ``(aa) the name, address, 
                                        and telephone number of the 
                                        affiant; and
                                            ``(bb) the nature and 
                                        duration of the relationship 
                                        between the affiant and the 
                                        noncitizen.
                                    ``(XVIII) Any other evidence 
                                determined to be credible.
                            ``(iii) Documents establishing exemption 
                        from application fees.--The Secretary shall set 
                        forth, by regulation, the documents that may be 
                        used as evidence that a noncitizen's 
                        application for status under section 245B, 
                        245C, 245D, 245E, or 245F is exempt from an 
                        application fee under subsection (b)(2).
                            ``(iv) Authority to prohibit use of certain 
                        documents.--If the Secretary determines, after 
                        publication in the Federal Register and an 
                        opportunity for public comment, that any 
                        document or class of documents does not 
                        reliably establish identity, or that any 
                        document or class of documents is frequently 
                        being used to obtain relief under this section 
                        and is being obtained fraudulently to an 
                        unacceptable degree, the Secretary may prohibit 
                        or restrict the use of such document or class 
                        of documents.
                    ``(G) Sufficiency of the evidence.--
                            ``(i) Failure to submit sufficient 
                        evidence.--The Secretary may deny an 
                        application under section 245B, 245C, 245D, 
                        245E, or 245F submitted by a noncitizen who 
                        fails to submit requested initial evidence, 
                        including requested biometric data, or any 
                        requested additional evidence, by the date 
                        required by the Secretary.
                            ``(ii) Amended application.--A noncitizen 
                        whose application is denied under clause (i) 
                        may, without an additional fee, submit to the 
                        Secretary an amended application or supplement 
                        the existing application if the amended or 
                        supplemented application contains the required 
                        information and any fee that was missing from 
                        the initial application.
                            ``(iii) Fulfillment of eligibility 
                        requirements.--Except as provided in clause 
                        (i), an application--
                                    ``(I) may not be denied for failure 
                                to submit particular evidence; and
                                    ``(II) may only be denied on 
                                evidentiary grounds if the evidence 
                                submitted is not credible or otherwise 
                                fails to establish eligibility.
                            ``(iv) Authority to determine probity of 
                        evidence.--The Secretary may determine--
                                    ``(I) whether evidence is credible; 
                                and
                                    ``(II) the weight to be given the 
                                evidence.
            ``(4) Revocation.--
                    ``(A) In general.--If the Secretary determines that 
                a noncitizen fraudulently obtained status under section 
                245B, 245C, 245D, 245E, or 245F, the Secretary may 
                revoke such status at any time after--
                            ``(i) providing appropriate notice to the 
                        noncitizen;
                            ``(ii) providing the noncitizen an 
                        opportunity to respond; and
                            ``(iii) the exhaustion or waiver of all 
                        applicable administrative review procedures 
                        under paragraph (6).
                    ``(B) Additional evidence.--In determining whether 
                to revoke a noncitizen's status under subparagraph (A), 
                the Secretary may require the noncitizen--
                            ``(i) to submit additional evidence; or
                            ``(ii) to appear for an interview.
                    ``(C) Invalidation of documentation.--If a 
                noncitizen's status is revoked under subparagraph (A), 
                any documentation issued by the Secretary to the 
                noncitizen under paragraph (3)(C) shall automatically 
                be rendered invalid for any purpose except for 
                departure from the United States.
            ``(5) Administrative review.--
                    ``(A) Exclusive administrative review.--
                Administrative review of a determination with respect 
                to an application for status under section 245B, 245C, 
                245D, 245E, or 245F shall be conducted solely in 
                accordance with this paragraph.
                    ``(B) Administrative appellate review.--
                            ``(i) Establishment of administrative 
                        appellate authority.--The Secretary shall 
                        establish or designate an appellate authority 
                        to provide for a single level of administrative 
                        appellate review of denials of applications or 
                        petitions submitted, and revocations of status, 
                        under sections 245B, 245C, 245D, 245E, and 
                        245F.
                            ``(ii) Single appeal for each 
                        administrative decision.--A noncitizen in the 
                        United States whose application for status 
                        under section 245B, 245C, 245D, 245E, or 245F 
                        has been denied or whose status under any such 
                        section has been revoked may submit to the 
                        Secretary not more than 1 appeal of each such 
                        decision.
                            ``(iii) Notice of appeal.--A notice of 
                        appeal under this paragraph shall be submitted 
                        not later than 90 days after the date of 
                        service of the denial or revocation, unless a 
                        delay beyond the 90-day period is reasonably 
                        justifiable.
                            ``(iv) Review by secretary.--Nothing in 
                        this paragraph may be construed to limit the 
                        authority of the Secretary to certify appeals 
                        for review and final decision.
                            ``(v) Denial of petitions for spouses and 
                        children.--A decision to deny, or revoke 
                        approval of, a petition submitted by a 
                        noncitizen to classify a spouse or child of the 
                        noncitizen as the spouse or child of a 
                        noncitizen for purposes of section 245B, 245C, 
                        245D, 245E, or 245F may be appealed under this 
                        paragraph.
                    ``(C) Stay of removal.--Noncitizens seeking 
                administrative review of a denial, or revocation of 
                approval, of an application for status under section 
                245B, 245C, 245D, 245E, or 245F shall not be removed 
                from the United States before a final decision is 
                rendered establishing ineligibility for such status.
                    ``(D) Record for review.--Administrative appellate 
                review under this paragraph shall be de novo and based 
                solely upon--
                            ``(i) the administrative record established 
                        at the time of the determination on the 
                        application; and
                            ``(ii) any additional newly discovered or 
                        previously unavailable evidence.
            ``(6) Judicial review.--Judicial review of decisions 
        denying, or revoking approval of, applications or petitions 
        under sections 245B, 245C, 245D, 245E, and 245F shall be 
        governed by section 242.
            ``(7) Effects while applications are pending.--During the 
        period beginning on the date on which a noncitizen applies for 
        status under section 245B, 245C, 245D, 245E, or 245F and ending 
        on the date on which the Secretary makes a final decision on 
        such application--
                    ``(A) notwithstanding section 212(d)(5)(A), the 
                Secretary shall have the discretion to grant advance 
                parole to the noncitizen;
                    ``(B) the noncitizen shall not be considered an 
                unauthorized noncitizen (as defined in section 
                274A(h)(3)).
            ``(8) Employment.--
                    ``(A) Receipt of application.--As soon as 
                practicable after receiving an application for status 
                under section 245B, 245C, 245D, 245E, or 245F, the 
                Secretary shall provide the applicant with a document 
                acknowledging receipt of such application.
                    ``(B) Employment authorization.--A document issued 
                under subparagraph (A) shall--
                            ``(i) serve as interim proof of the 
                        noncitizen's authorization to accept employment 
                        in the United States; and
                            ``(ii) be accepted by an employer as 
                        evidence of employment authorization under 
                        section 274A(b)(1)(C) pending a final decision 
                        on the application.
                    ``(C) Employer protection.--An employer who knows 
                that a noncitizen employee is an applicant for status 
                under section 245B, 245C, 245D, 245E, or 245F or 
                intends to apply for any such status, and who continues 
                to employ the noncitizen pending a final decision on 
                the noncitizen employee's application, shall not be 
                considered to be in violation of section 274A(a)(2) for 
                hiring, employment, or continued employment of the 
                noncitizen.
            ``(9) Information privacy.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), no officer or employee of the United 
                States may--
                            ``(i) use the information provided by a 
                        noncitizen pursuant to an application submitted 
                        under section 245B, 245C, 245D, 245E, or 245F 
                        to initiate removal proceedings against any 
                        person identified in the application;
                            ``(ii) make any publication whereby the 
                        information provided by any particular 
                        individual pursuant to such an application may 
                        be identified; or
                            ``(iii) permit any individual other than an 
                        officer or employee of the Federal agency to 
                        which such an application is submitted to 
                        examine the application.
                    ``(B) Required disclosure.--Notwithstanding 
                subparagraph (A), the Attorney General or the Secretary 
                shall provide the information provided in an 
                application under section 245B, 245C, 245D, 245E, or 
                245F, and any other information derived from such 
                information, to--
                            ``(i) a duly recognized law enforcement 
                        entity in connection with an investigation or 
                        prosecution of an offense described in 
                        paragraph (2) or (3) of section 212(a), if such 
                        information is requested in writing by such 
                        entity; or
                            ``(ii) an official coroner for purposes of 
                        affirmatively identifying a deceased individual 
                        (whether or not such individual is deceased as 
                        a result of a crime).
                    ``(C) Penalty.--Whoever knowingly uses, publishes, 
                or permits information to be examined in violation of 
                this section shall be fined not more than $50,000.
                    ``(D) Safeguards.--The Secretary shall require 
                appropriate administrative and physical safeguards to 
                protect against disclosure and uses of information that 
                violate this paragraph.
                    ``(E) Annual assessment.--Not less frequently than 
                annually, the Secretary shall conduct an assessment 
                that, for the preceding calendar year--
                            ``(i) analyzes the effectiveness of the 
                        safeguards under subparagraph (D);
                            ``(ii) determines the number of authorized 
                        disclosures made; and
                            ``(iii) determines the number of 
                        disclosures prohibited by subparagraph (A) 
                        made.
            ``(10) Language assistance.--The Secretary, in consultation 
        with the Attorney General, shall make available forms and 
        accompanying instructions in the most common languages spoken 
        in the United States, as determined by the Secretary.
            ``(11) Reasonable accommodations.--The Secretary shall 
        develop a plan for providing reasonable accommodation, 
        consistent with applicable law, to applicants for status under 
        sections 245B, 245C, 245D, 245E, and 245F with disabilities (as 
        defined in section 3(1) of the Americans with Disabilities Act 
        of 1990 (42 U.S.C. 12102(1))).
    ``(h) Definitions.--In this section and sections 245B, 245C, 245D, 
245E, and 245F:
            ``(1) Final decision.--The term `final decision' means a 
        decision or an order issued by the Secretary under this section 
        after the period for requesting administrative review under 
        subsection (g)(5) has expired or the challenged decision was 
        affirmed after such administrative review.
            ``(2) Secretary.--The term `Secretary' means the Secretary 
        of Homeland Security.
            ``(3) Uniformed services.--The term `uniformed services' 
        has the meaning given the term in section 101(a) of title 10, 
        United States Code.''.
    (b) Rulemaking.--
            (1) Rules implementing sections 245b, 245d, 245e, 245f, and 
        245g.--
                    (A) In general.--Not later than 1 year after the 
                date of the enactment of this Act, the Secretary shall 
                issue interim final rules, published in the Federal 
                Register, implementing sections 245B, 245D, 245E, 245F, 
                and 245G of the Immigration and Nationality Act, as 
                added by this subtitle.
                    (B) Effective date.--Notwithstanding section 553 of 
                title 5, United States Code, the rules issued under 
                this paragraph shall be effective, on an interim basis, 
                immediately upon publication, but may be subject to 
                change and revision after public notice and opportunity 
                for a period of public comment.
                    (C) Final rules.--Not later than 180 days after the 
                date of publication under subparagraph (B), the 
                Secretary shall finalize the interim rules.
            (2) Rules implementing section 245c.--Not later than 180 
        days after the date of the enactment of this Act, the Secretary 
        shall issue a final rule implementing section 245C of the 
        Immigration and Nationality Act, as added by this subtitle.
            (3) Requirement.--The rules issued under this subsection 
        shall prescribe the evidence required to demonstrate 
        eligibility for status under sections 245B, 245C, 245D, 245E, 
        and 245F of the Immigration and Nationality Act, as added by 
        this subtitle, or otherwise required to apply for status under 
        such sections.
    (c) Paperwork Reduction Act.--The requirements 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 
title.
    (d) Technical and Conforming Amendment.--The table of contents for 
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as amended 
by section 1105, is further amended by inserting after the item 
relating to section 245F the following:

``Sec. 245G. General provisions relating to adjustment of status.''.

                       Subtitle B--Other Reforms

SEC. 1201. V NONIMMIGRANT VISAS.

    (a) Nonimmigrant Eligibility.--Section 101(a)(15)(V) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) is amended to 
read as follows:
                    ``(V) subject to section 214(q)(1), a noncitizen 
                who is the beneficiary of an approved petition under 
                section 203(a) or 245B.''.
    (b) Employment and Period of Admission of Nonimmigrants Described 
in Section 101(a)(15)(V).--Section 214(q)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1184(q)(1)) is amended to read as follows:
    ``(q) Nonimmigrants Described in Section 101(a)(15)(V).--
            ``(1) Certain sons and daughters.--
                    ``(A) Employment authorization.--The Secretary 
                shall--
                            ``(i) authorize a nonimmigrant admitted 
                        pursuant to section 101(a)(15)(V) to engage in 
                        employment in the United States during the 
                        period of such nonimmigrant's authorized 
                        admission; and
                            ``(ii) provide the nonimmigrant with an 
                        `employment authorized' endorsement or other 
                        appropriate document signifying authorization 
                        of employment.
                    ``(B) Termination of admission.--The period of 
                authorized admission for a nonimmigrant admitted 
                pursuant to section 101(a)(15)(V) shall terminate 30 
                days after the date on which--
                            ``(i) the nonimmigrant's application for an 
                        immigrant visa pursuant to the approval of a 
                        petition under section 203(a) is denied; or
                            ``(ii) the nonimmigrant's application for 
                        adjustment of status under section 245, 245B, 
                        or 245C pursuant to the approval of such a 
                        petition is denied.
                    ``(C) Public benefits.--
                            ``(i) In general.--A noncitizen who is 
                        lawfully present in the United States pursuant 
                        to section 101(a)(15)(V) is not eligible for 
                        any means-tested public benefits (as such term 
                        is defined and implemented in section 403 of 
                        the Personal Responsibility and Work 
                        Opportunity Reconciliation Act of 1996 (8 
                        U.S.C. 1613)).
                            ``(ii) Health care coverage.--A noncitizen 
                        admitted under section 101(a)(15)(V)--
                            ``(iii) is not entitled to the premium 
                        assistance tax credit authorized under section 
                        36B of the Internal Revenue Code of 1986 for 
                        his or her health insurance coverage;
                            ``(iv) shall be subject to the rules 
                        applicable to individuals not lawfully present 
                        that are set forth in subsection (e) of such 
                        section;
                            ``(v) shall be subject to the rules 
                        applicable to individuals not lawfully present 
                        set forth in section 1402(e) of the Patient 
                        Protection and Affordable Care Act (42 U.S.C. 
                        18071(e)); and
                            ``(vi) shall be subject to the rules 
                        applicable to individuals not lawfully present 
                        set forth in section 5000A(d)(3) of the 
                        Internal Revenue Code of 1986.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first fiscal year beginning after the 
date of the enactment of this Act.

SEC. 1202. EXPUNGEMENT AND SENTENCING.

    (a) Definition of Conviction.--Section 101(a)(48) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(48)) is amended to 
read as follows:
    ``(48)(A) The term `conviction' means, with respect to a 
noncitizen, a formal judgment of guilt of the noncitizen entered by a 
court.
    ``(B) The following may not be considered a conviction for purposes 
of this Act:
            ``(i) An adjudication or judgment of guilt that has been 
        dismissed, expunged, deferred, annulled, invalidated, withheld, 
        or vacated.
            ``(ii) Any adjudication in which the court has issued--
                    ``(I) a judicial recommendation against removal;
                    ``(II) an order of probation without entry of 
                judgment; or
                    ``(III) any similar disposition.
            ``(iii) A judgment that is on appeal or is within the time 
        to file direct appeal.
    ``(C)(i) Unless otherwise provided, with respect to an offense, any 
reference to a term of imprisonment or a sentence is considered to 
include only the period of incarceration ordered by a court.
    ``(ii) Any such reference shall be considered to exclude any 
portion of a sentence of which the imposition or execution was 
suspended.''.
    (b) Judicial Recommendation Against Removal.--The grounds of 
inadmissibility and deportability under sections 212(a)(2) and 
237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2) 
and 1227(a)(2)) shall not apply to a noncitizen with a criminal 
conviction if, not later than 180 days after the date on which the 
noncitizen is sentenced, and after having provided notice and an 
opportunity to respond to representatives of the State concerned, the 
Secretary, and prosecuting authorities, the sentencing court issues a 
recommendation to the Secretary that the noncitizen not be removed on 
the basis of the conviction.

SEC. 1203. PETTY OFFENSES.

    Section 212(a)(2)(A)(ii) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(2)(A)(ii)) is amended--
            (1) in the matter preceding subclause (I), by striking ``to 
        a noncitizen who committed only one crime'';
            (2) in subclause (I), by inserting ``the noncitizen 
        committed only one crime,'' before ``the crime was committed 
        when''; and
            (3) by amending subclause (II) to read as follows:
                                    ``(II) the noncitizen committed not 
                                more than 2 crimes, the maximum penalty 
                                possible for each crime of which the 
                                noncitizen was convicted (or which the 
                                noncitizen admits having committed or 
                                of which the acts that the noncitizen 
                                admits having committed constituted the 
                                essential elements) did not exceed 
                                imprisonment for 1 year and, if the 
                                noncitizen was convicted of either 
                                crime, the noncitizen was not sentenced 
                                to terms of imprisonment with 
                                respective sentences imposed in excess 
                                of 180 days (regardless of the extent 
                                to which either sentence was ultimately 
                                executed).''.

SEC. 1204. RESTORING FAIRNESS TO ADJUDICATIONS.

    (a) Waiver of Grounds of Inadmissibility.--Section 212 of the 
Immigration and Nationality Act (8 U.S.C. 1182) is amended by inserting 
after subsection (b) the following:
    ``(c) Humanitarian, Family Unity, and Public Interest Waiver.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, except section 245G(c)(1)(B), the Secretary of Homeland 
        Security or the Attorney General may waive the operation of any 
        1 or more grounds of inadmissibility under this section 
        (excluding inadmissibility under subsection (a)(3)) for any 
        purpose, including eligibility for relief from removal--
                    ``(A) for humanitarian purposes;
                    ``(B) to ensure family unity; or
                    ``(C) if a waiver is otherwise in the public 
                interest.
            ``(2) Considerations.--In making a determination under 
        paragraph (1), the Secretary of Homeland Security or the 
        Attorney General shall consider all mitigating and aggravating 
        factors, including--
                    ``(A) the severity of the underlying circumstances, 
                conduct, or violation;
                    ``(B) the duration of the noncitizen's residence in 
                the United States;
                    ``(C) evidence of rehabilitation, if applicable; 
                and
                    ``(D) the extent to which the noncitizen's removal, 
                or the denial of the noncitizen's application, would 
                adversely affect the noncitizen or the noncitizen's 
                United States citizen or lawful permanent resident 
                family members.''.
    (b) Waiver of Grounds of Deportability.--Section 237(a) of the 
Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended by adding 
at the end the following:
            ``(8) Humanitarian, family unity, and public interest 
        waiver.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, except section 245G(c)(1)(B), the 
                Secretary of Homeland Security or the Attorney General 
                may waive the operation of any 1 or more grounds of 
                deportability under this subsection (excluding 
                deportability under paragraph (2)(A)(iii) based on a 
                conviction described in section 101(a)(43)(A) and 
                deportability under paragraph (4)) for any purpose, 
                including eligibility for relief from removal--
                            ``(i) for humanitarian purposes;
                            ``(ii) to ensure family unity; or
                            ``(iii) if a waiver is otherwise in the 
                        public interest.
                    ``(B) Considerations.--In making a determination 
                under subparagraph (A), the Secretary of Homeland 
                Security or the Attorney General shall consider all 
                mitigating and aggravating factors, including--
                            ``(i) the severity of the underlying 
                        circumstances, conduct, or violation;
                            ``(ii) the duration of the noncitizen's 
                        residence in the United States;
                            ``(iii) evidence of rehabilitation, if 
                        applicable; and
                            ``(iv) the extent to which the noncitizen's 
                        removal, or the denial of the noncitizen's 
                        application, would adversely affect the 
                        noncitizen or the noncitizen's United States 
                        citizen or lawful permanent resident family 
                        members.''.

SEC. 1205. JUDICIAL REVIEW.

    Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) 
is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (B), by inserting ``the 
                exercise of discretion arising under'' after ``no court 
                shall have jurisdiction to review'';
                    (B) in subparagraph (C), by inserting ``and 
                subsection (h)'' after ``subparagraph (D)''; and
                    (C) by amending subparagraph (D) to read as 
                follows:
                    ``(D) Judicial review of certain legal claims.--
                Nothing in subparagraph (B) or (C), or in any other 
                provision of this Act that limits or eliminates 
                judicial review, shall be construed as precluding 
                review of constitutional claims or questions of law.'';
            (2) in subsection (b)--
                    (A) in paragraph (2), in the first sentence, by 
                inserting ``or, in the case of a decision governed by 
                section 245G(g)(6), in the judicial circuit in which 
                the petitioner resides'' after ``proceedings''; and
                    (B) in paragraph (9), by striking the first 
                sentence and inserting the following: ``Except as 
                otherwise provided in this section, judicial review of 
                a determination respecting a removal order shall be 
                available only in judicial review of a final order 
                under this section.'';
            (3) in subsection (f)--
                    (A) in paragraph (1), by striking ``or restrain the 
                operation of''; and
                    (B) in paragraph (2), by adding ``after all 
                administrative and judicial review available to the 
                noncitizen is complete'' before ``unless''; and
            (4) by adding at the end the following:
    ``(h) Judicial Review of Eligibility Determinations Relating to 
Status Under Chapter 5.--
            ``(1) Direct review.--If a noncitizen's application under 
        section 245B, 245C, 245D, 245E, or 245F is denied, or the 
        approval of such application is revoked, after the exhaustion 
        of administrative appellate review under section 245G(g)(5), 
        the noncitizen may seek review of such decision, in accordance 
        with chapter 7 of title 5, United States Code, in the district 
        court of the United States in which the noncitizen resides.
            ``(2) Status during review.--During the period in which a 
        review described in paragraph (1) is pending--
                    ``(A) any unexpired grant of voluntary departure 
                under section 240B shall be tolled; and
                    ``(B) any order of exclusion, deportation, or 
                removal shall automatically be stayed unless the court, 
                in its discretion, orders otherwise.
            ``(3) Review after removal proceedings.--A noncitizen may 
        seek judicial review of a denial or revocation of approval of 
        the noncitizen's application under section 245B, 245C, 245D, 
        245E, or 245F in the appropriate court of appeals of the United 
        States in conjunction with the judicial review of an order of 
        removal, deportation, or exclusion if the validity of the 
        denial or revocation has not been upheld in a prior judicial 
        proceeding under paragraph (1).
            ``(4) Standard for judicial review.--
                    ``(A) Basis.--Judicial review of a denial or 
                revocation of approval of an application under section 
                245B, 245C, 245D, 245E, or 245F shall be based upon the 
                administrative record established at the time of the 
                review.
                    ``(B) Authority to remand.--The reviewing court may 
                remand a case under this subsection to the Secretary of 
                Homeland Security (referred to in this subsection as 
                the `Secretary') for consideration of additional 
                evidence if the court finds that--
                            ``(i) the additional evidence is material; 
                        and
                            ``(ii) there were reasonable grounds for 
                        failure to adduce the additional evidence 
                        before the Secretary.
                    ``(C) Scope of review.--Notwithstanding any other 
                provision of law, judicial review of all questions 
                arising from a denial or revocation of approval of an 
                application under section 245B, 245C, 245D, 245E, or 
                245F shall be governed by the standard of review set 
                forth in section 706 of title 5, United States Code.
            ``(5) Remedial powers.--
                    ``(A) Jurisdiction.--Notwithstanding any other 
                provision of law, the district courts of the United 
                States shall have jurisdiction over any cause or claim 
                arising from a pattern or practice of the Secretary in 
                the operation or implementation of section 245B, 245C, 
                245D, 245E, 245F, or 245G that is arbitrary, 
                capricious, or otherwise contrary to law.
                    ``(B) Scope of relief.--The district courts of the 
                United States may order any appropriate relief in a 
                cause or claim described in subparagraph (A) without 
                regard to exhaustion, ripeness, or other standing 
                requirements (other than constitutionally mandated 
                requirements), if the court determines that--
                            ``(i) the resolution of such cause or claim 
                        will serve judicial and administrative 
                        efficiency; or
                            ``(ii) a remedy would otherwise not be 
                        reasonably available or practicable.
            ``(6) Challenges to the validity of the system.--
                    ``(A) In general.--Except as provided in paragraph 
                (5), any claim that section 245B, 245C, 245D, 245E, 
                245F, or 245G, or any regulation, written policy, 
                written directive, or issued or unwritten policy or 
                practice initiated by or under the authority of the 
                Secretary to implement such sections, violates the 
                Constitution of the United States or is otherwise in 
                violation of law is available in an action instituted 
                in a district court of the United States in accordance 
                with the procedures prescribed in this paragraph.
                    ``(B) Savings provision.--Except as provided in 
                subparagraph (C), nothing in subparagraph (A) may be 
                construed to preclude an applicant under section 245B, 
                245C, 245D, 245E, or 245F from asserting that an action 
                taken or a decision made by the Secretary with respect 
                to the applicant's status was contrary to law.
                    ``(C) Class actions.--Any claim described in 
                subparagraph (A) that is brought as a class action 
                shall be brought in conformity with--
                            ``(i) the Class Action Fairness Act of 2005 
                        (Public Law 109-2; 119 Stat. 4); and
                            ``(ii) the Federal Rules of Civil 
                        Procedure.
                    ``(D) Preclusive effect.--The final disposition of 
                any claim brought under subparagraph (A) shall be 
                preclusive of any such claim asserted by the same 
                individual in a subsequent proceeding under this 
                subsection.
                    ``(E) Exhaustion and stay of proceedings.--
                            ``(i) In general.--No claim brought under 
                        this paragraph shall require the plaintiff to 
                        exhaust administrative remedies under section 
                        245G(g)(5).
                            ``(ii) Stay authorized.--Nothing in this 
                        paragraph may be construed to prevent the court 
                        from staying proceedings under this paragraph 
                        to permit the Secretary to evaluate an 
                        allegation of an unwritten policy or practice 
                        or to take corrective action. In determining 
                        whether to issue such a stay, the court shall 
                        take into account any harm the stay may cause 
                        to the claimant.''.

SEC. 1206. MODIFICATIONS TO NATURALIZATION PROVISIONS.

    The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
amended--
            (1) in section 316 (8 U.S.C. 1427), by adding at the end 
        the following:
    ``(g) For purposes of this chapter, the phrases `lawfully admitted 
for permanent residence', `lawfully admitted to the United States for 
permanent residence', and `lawful admission for permanent residence' 
shall refer to a noncitizen who--
            ``(1) was granted the status of lawful permanent resident;
            ``(2) did not obtain such status through fraudulent 
        misrepresentation or fraudulent concealment of a material fact, 
        provided that the Secretary shall have the discretion to waive 
        the application of this paragraph; and
            ``(3) for good cause shown.''; and
            (2) in section 319 (8 U.S.C. 1430)--
                    (A) in the section heading, by striking ``and 
                employees of certain nonprofit organizations'' and 
                inserting ``, employees of certain nonprofit 
                organizations, and other lawful residents''; and
                    (B) by adding at the end the following:
    ``(f) Notwithstanding section 316(a)(1), any lawful permanent 
resident who was lawfully present in the United States and eligible for 
employment authorization for not less than 3 years before becoming a 
lawful permanent resident may be naturalized upon compliance with all 
other requirements under this chapter.''.

SEC. 1207. RELIEF FOR LONG-TERM LEGAL RESIDENTS OF THE COMMONWEALTH OF 
              THE NORTHERN MARIANA ISLANDS.

    The Joint Resolution entitled ``A Joint Resolution to approve the 
`Covenant to Establish a Commonwealth of the Northern Mariana Islands 
in Political Union with the United States of America', and for other 
purposes'', approved March 24, 1976 (48 U.S.C. 1806), is amended--
            (1) in subsection (b)(1)--
                    (A) by amending subparagraph (A) to read as 
                follows:
                    ``(A) Nonimmigrant workers generally.--A 
                noncitizen, if otherwise qualified, may seek admission 
                to Guam or to the Commonwealth during the transition 
                program as a nonimmigrant worker under section 
                101(a)(15)(H) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(15)(H) without counting against the 
                numerical limitations set forth in section 214(g) of 
                such Act (8 U.S.C. 1184(g)).''; and
                    (B) in subparagraph (B)(i), by striking ``contact'' 
                and inserting ``contract'';
            (2) in subsection (e)--
                    (A) in paragraph (4), in the paragraph heading, by 
                striking ``aliens'' and inserting ``noncitizens''; and
                    (B) by amending paragraph (6) to read as follows:
            ``(6) Special provision regarding long-term residents of 
        the commonwealth.--
                    ``(A) CNMI resident status.--A noncitizen described 
                in subparagraph (B) may, upon the application of the 
                noncitizen, be admitted in CNMI Resident status to the 
                Commonwealth subject to the following rules:
                            ``(i) The noncitizen shall be treated as a 
                        noncitizen lawfully admitted to the 
                        Commonwealth only, including permitting entry 
                        to and exit from the Commonwealth, until the 
                        earlier of the date on which--
                                    ``(I) the noncitizen ceases to 
                                reside in the Commonwealth; or
                                    ``(II) the noncitizen's status is 
                                adjusted under section 245 of the 
                                Immigration and Nationality Act (8 
                                U.S.C. 1255) to that of a noncitizen 
                                lawfully admitted for permanent 
                                residence in accordance with all 
                                applicable eligibility requirements.
                            ``(ii) The Secretary of Homeland Security--
                                    ``(I) shall establish a process for 
                                such noncitizen to apply for CNMI 
                                Resident status during the 180-day 
                                period beginning on the date that is 90 
                                days after the date of the enactment of 
                                the U.S. Citizenship Act;
                                    ``(II) may, in the Secretary's 
                                discretion, authorize deferred action 
                                or parole, as appropriate, with work 
                                authorization, for such noncitizen 
                                until the date of adjudication of the 
                                noncitizen's application for CNMI 
                                Resident status; and
                                    ``(III) in the case of a noncitizen 
                                who has nonimmigrant status on the date 
                                on which the noncitizen applies for 
                                CNMI Resident status, the Secretary 
                                shall extend such nonimmigrant status 
                                and work authorization through the end 
                                of the 180-day period described in 
                                subclause (I) or the date of 
                                adjudication of the noncitizen's 
                                application for CNMI Resident status, 
                                whichever is later.
                            ``(iii) Nothing in this subparagraph may be 
                        construed to provide any noncitizen granted 
                        status under this subparagraph with public 
                        assistance to which the noncitizen is not 
                        otherwise entitled.
                            ``(iv) A noncitizen granted status under 
                        this paragraph shall be deemed a qualified 
                        noncitizen under section 431 of the Personal 
                        Responsibility and Work Opportunity 
                        Reconciliation Act of 1996 (8 U.S.C. 1641) for 
                        purposes of receiving relief during--
                                    ``(I) a major disaster declared by 
                                the President under section 401 of the 
                                Robert T. Stafford Disaster Relief and 
                                Emergency Assistance Act (42 U.S.C. 
                                5170);
                                    ``(II) an emergency declared by the 
                                President under section 501 of the 
                                Robert T. Stafford Disaster Relief and 
                                Emergency Assistance Act (42 U.S.C. 
                                5191); or
                                    ``(III) a national emergency 
                                declared by the President under the 
                                National Emergencies Act (50 U.S.C. 
                                1601 et seq.).
                            ``(v) A noncitizen granted status under 
                        this paragraph--
                                    ``(I) subject to section 237(a)(8), 
                                is subject to all grounds of 
                                deportability under section 237 of the 
                                Immigration and Nationality Act (8 
                                U.S.C. 1227);
                                    ``(II) subject to section 212(c), 
                                is subject to all grounds of 
                                inadmissibility under section 212 of 
                                the Immigration and Nationality Act (8 
                                U.S.C. 1182) if seeking admission to 
                                the United States at a port of entry in 
                                the Commonwealth;
                                    ``(III) is inadmissible to the 
                                United States at any port of entry 
                                outside the Commonwealth, except that 
                                the Secretary of Homeland Security may 
                                in the Secretary's discretion authorize 
                                admission of such noncitizen at a port 
                                of entry in Guam for the purpose of 
                                direct transit to the Commonwealth, 
                                which admission shall be considered an 
                                admission to the Commonwealth;
                                    ``(IV) automatically shall lose 
                                such status if the noncitizen travels 
                                from the Commonwealth to any other 
                                place in the United States, except that 
                                the Secretary of Homeland Security may 
                                in the Secretary's discretion establish 
                                procedures for the advance approval on 
                                a case-by-case basis of such travel for 
                                a temporary and legitimate purpose, and 
                                the Secretary may in the Secretary's 
                                discretion authorize the direct transit 
                                of noncitizens with CNMI Resident 
                                status through Guam to a foreign place;
                                    ``(V) shall be authorized to work 
                                in the Commonwealth incident to status; 
                                and
                                    ``(VI) shall be issued appropriate 
                                travel documentation and evidence of 
                                work authorization by the Secretary.
                    ``(B) Noncitizens described.--A noncitizen is 
                described in this subparagraph if the noncitizen--
                            ``(i) was lawfully present on June 25, 
                        2019, or on December 31, 2018, in the 
                        Commonwealth under the immigration laws of the 
                        United States, including pursuant to a grant of 
                        parole under section 212(d)(5) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1182(d)(5)) or deferred action;
                            ``(ii) subject to subsection (c) of section 
                        212 of the Immigration and Nationality Act (8 
                        U.S.C. 1182), is admissible as an immigrant to 
                        the United States under that Act (8 U.S.C. 1101 
                        et seq.), except that no immigrant visa is 
                        required;
                            ``(iii) except in the case of a noncitizen 
                        who meets the requirements of subclause (III) 
                        or (VI) of clause (v), resided continuously and 
                        lawfully in the Commonwealth from November 28, 
                        2009, through June 25, 2019;
                            ``(iv) is not a citizen of the Republic of 
                        the Marshall Islands, the Federated States of 
                        Micronesia, or the Republic of Palau; and
                            ``(v) in addition--
                                    ``(I) was born in the Northern 
                                Mariana Islands between January 1, 
                                1974, and January 9, 1978;
                                    ``(II) was, on November 27, 2009, a 
                                permanent resident of the Commonwealth 
                                (as defined in section 4303 of title 3 
                                of the Northern Mariana Islands 
                                Commonwealth Code, in effect on May 8, 
                                2008);
                                    ``(III) is the spouse or child (as 
                                defined in section 101(b)(1) of the 
                                Immigration and Nationality Act (8 
                                U.S.C. 1101(b)(1))) of a noncitizen 
                                described in subclause (I), (II), (V), 
                                (VI), or (VII);
                                    ``(IV) was, on November 27, 2011, a 
                                spouse, child, or parent of a United 
                                States citizen, notwithstanding the age 
                                of the United States citizen, and 
                                continues to have such family 
                                relationship with the citizen on the 
                                date of the application described in 
                                subparagraph (A);
                                    ``(V) had a grant of parole under 
                                section 212(d)(5) of the Immigration 
                                and Nationality Act (8 U.S.C. 
                                1182(d)(5)) on December 31, 2018, under 
                                the former parole program for certain 
                                in-home caregivers administered by 
                                United States Citizenship and 
                                Immigration Services;
                                    ``(VI) was admitted to the 
                                Commonwealth as a Commonwealth Only 
                                Transitional Worker during fiscal year 
                                2015, and during every subsequent 
                                fiscal year beginning before the date 
                                of enactment of the Northern Mariana 
                                Islands U.S. Workforce Act of 2018 
                                (Public Law 115-218; 132 Stat. 1547); 
                                or
                                    ``(VII) resided in the Northern 
                                Mariana Islands as an investor under 
                                Commonwealth immigration law, and is 
                                currently a resident classified as a 
                                CNMI-only nonimmigrant under section 
                                101(a)(15)(E)(ii) of the Immigration 
                                and Nationality Act (8 U.S.C. 
                                1101(a)(15)(E)(ii)).
                    ``(C) Authority of attorney general.--Beginning on 
                the first day of the 180-day period established by the 
                Secretary of Homeland Security under subparagraph 
                (A)(ii)(I), the Attorney General may accept and 
                adjudicate an application for CNMI Resident status 
                under this paragraph by a noncitizen who is in removal 
                proceedings before the Attorney General if the 
                noncitizen--
                            ``(i) makes an initial application to the 
                        Attorney General within such 180-day period; or
                            ``(ii) applied to the Secretary of Homeland 
                        Security during such 180-day period and before 
                        being placed in removal proceedings, and the 
                        Secretary denied the application.
                    ``(D) Judicial review.--Notwithstanding any other 
                law, no court shall have jurisdiction to review any 
                decision of the Secretary of Homeland Security or the 
                Attorney General on an application under this paragraph 
                or any other action or determination of the Secretary 
                of Homeland Security or the Attorney General to 
                implement, administer, or enforce this paragraph.
                    ``(E) Procedure.--The requirements of chapter 5 of 
                title 5 (commonly referred to as the Administrative 
                Procedure Act), or any other law relating to 
                rulemaking, information collection, or publication in 
                the Federal Register shall not apply to any action to 
                implement, administer, or enforce this paragraph.
                    ``(F) Adjustment of status for cnmi residents.--A 
                noncitizen with CNMI Resident status may adjust his or 
                her status to that of a noncitizen lawfully admitted 
                for permanent residence 5 years after the date of the 
                enactment of the U.S. Citizenship Act or 5 years after 
                the date on which CNMI Resident status is granted, 
                whichever is later.
                    ``(G) Waiver of application deadline.--The 
                Secretary of Homeland Security may, in the Secretary's 
                sole and unreviewable discretion, accept an application 
                for CNMI Resident status submitted after the 
                application deadline if--
                            ``(i) the applicant is eligible for CNMI 
                        Resident status;
                            ``(ii) the applicant timely submitted an 
                        application for CNMI Resident status and made a 
                        good faith effort to comply with the 
                        application requirements as determined by the 
                        Secretary; and
                            ``(iii) the application is received not 
                        later than 90 days after the expiration of the 
                        application deadline or the date on which 
                        notice of rejection of the application is 
                        submitted, whichever is later.'';
            (3) by striking ``an alien'' each place it appears and 
        inserting ``a noncitizen'';
            (4) by striking ``An alien'' each place it appears and 
        inserting ``A noncitizen'';
            (5) by striking ``alien'' each place it appears and 
        inserting ``noncitizen'';
            (6) by striking ``aliens'' each place it appears and 
        inserting ``noncitizens''; and
            (7) by striking ``alien's'' each place it appears and 
        inserting ``noncitizen's''.

SEC. 1208. GOVERNMENT CONTRACTING AND ACQUISITION OF REAL PROPERTY 
              INTEREST.

    (a) Exemption From Government Contracting and Hiring Rules.--
            (1) In general.--A determination by a Federal agency to use 
        a procurement competition exemption under section 3304(a) of 
        title 41, United States Code, or to use the authority granted 
        in paragraph (2), for the purpose of implementing this title 
        and the amendments made by this title is not subject to 
        challenge by protest to the Government Accountability Office 
        under chapter 35 of title 31, United States Code, or to the 
        Court of Federal Claims, under section 1491 of title 28, United 
        States Code. An agency shall immediately advise Congress of the 
        exercise of the authority granted under this paragraph.
            (2) Government contracting exemption.--The competition 
        requirement under section 3306 of title 41, United States Code, 
        may be waived or modified by a Federal agency for any 
        procurement conducted to implement this title or the amendments 
        made by this title if the senior procurement executive for the 
        agency conducting the procurement--
                    (A) determines that the waiver or modification is 
                necessary; and
                    (B) submits an explanation for such determination 
                to the Committee on Homeland Security and Governmental 
                Affairs of the Senate and the Committee on Homeland 
                Security of the House of Representatives.
            (3) Hiring rules exemption.--
                    (A) In general.--Notwithstanding any other 
                provision of law, the Secretary is authorized to make 
                term, temporary limited, and part-time appointments of 
                employees who will implement this title and the 
                amendments made by this title without regard to the 
                number of such employees, their ratio to permanent 
                full-time employees, and the duration of their 
                employment.
                    (B) Savings provision.--Nothing in chapter 71 of 
                title 5, United States Code, shall affect the authority 
                of any Department management official to hire term, 
                temporary limited or part-time employees under this 
                paragraph.
    (b) Authority To Acquire Leaseholds.--Notwithstanding any other 
provision of law, the Secretary may acquire a leasehold interest in 
real property, and may provide in a lease entered into under this 
subsection for the construction or modification of any facility on the 
leased property, if the Secretary determines that the acquisition of 
such interest, and such construction or modification, are necessary in 
order to facilitate the implementation of this title and the amendments 
made by this title.

SEC. 1209. CONFORMING AMENDMENTS TO THE SOCIAL SECURITY ACT.

    (a) In General.--Section 208(e)(1) of the Social Security Act (42 
U.S.C. 408(e)(1)) is amended--
            (1) in subparagraph (B)(ii), by striking ``, or'' and 
        inserting a semicolon at the end;
            (2) in subparagraph (C), by striking the comma at the end 
        and inserting a semicolon;
            (3) by inserting after subparagraph (C) the following:
                    ``(D) who is granted status as a lawful prospective 
                immigrant under section 245B of the Immigration and 
                Nationality Act; or
                    ``(E) whose status is adjusted to that of lawful 
                permanent resident under section 245C, 245D, 245E, or 
                245F of the Immigration and Nationality Act,''; and
            (4) in the undesignated matter at the end, by inserting ``, 
        or in the case of a noncitizen described in subparagraph (D) or 
        (E), if such conduct is alleged to have occurred before the 
        date on which the noncitizen submitted an application under 
        section 245B, 245C, 245D, 245E, or 245F of such Act'' before 
        the period at the end.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the first day of the tenth month beginning after the date of 
the enactment of this Act.

   TITLE II--ADDRESSING THE ROOT CAUSES OF MIGRATION AND RESPONSIBLY 
                      MANAGING THE SOUTHERN BORDER

SEC. 2001. DEFINITIONS.

    In this title:
            (1) Best interest determination.--The term ``best interest 
        determination'' means a formal process with procedural 
        safeguards designed to give primary consideration to the 
        child's best interests in decision making.
            (2) Internally displaced persons.--The term ``internally 
        displaced persons'' means persons or groups of persons who--
                    (A) have been forced to leave their homes or places 
                of habitual residence because of armed conflict, 
                generalized violence, violations of human rights, or 
                natural or human-made disasters; and
                    (B) have not crossed an internationally recognized 
                border of a nation state.
            (3) International protection.--The term ``international 
        protection'' means--
                    (A) asylum status;
                    (B) refugee status;
                    (C) protection under the Convention Against Torture 
                and Other Cruel, Inhuman or Degrading Treatment or 
                Punishment, done at New York December 10, 1984; and
                    (D) any other regional protection status available 
                in the Western Hemisphere.
            (4) Large-scale, nonintrusive inspection system.--The term 
        ``large-scale, nonintrusive inspection system'' means a 
        technology, including x-ray, gamma-ray, and passive imaging 
        systems, capable of producing an image of the contents of a 
        commercial or passenger vehicle or freight rail car in 1 pass 
        of such vehicle or car.
            (5) Pre-primary.--The term ``pre-primary'' means deploying 
        scanning technology before primary inspection booths at land 
        border ports of entry in order to provide images of commercial 
        or passenger vehicles or freight rail cars before they are 
        presented for inspection.
            (6) Scanning.--The term ``scanning'' means utilizing 
        nonintrusive imaging equipment, radiation detection equipment, 
        or both, to capture data, including images of a commercial or 
        passenger vehicle or freight rail car.

     Subtitle A--Promoting the Rule of Law, Security, and Economic 
                     Development in Central America

SEC. 2101. UNITED STATES STRATEGY FOR ENGAGEMENT IN CENTRAL AMERICA.

    (a) In General.--The Secretary of State shall implement a 4-year 
strategy, to be known as the ``United States Strategy for Engagement in 
Central America'' (referred to in this subtitle as the ``Strategy'')--
            (1) to advance reforms in Central America; and
            (2) to address the key factors contributing to the flight 
        of families, unaccompanied noncitizen children, and other 
        individuals from Central America to the United States.
    (b) Elements.--The Strategy shall include efforts--
            (1) to strengthen democratic governance, accountability, 
        transparency, and the rule of law;
            (2) to combat corruption and impunity;
            (3) to improve access to justice;
            (4) to bolster the effectiveness and independence of 
        judicial systems and public prosecutors' offices;
            (5) to improve the effectiveness of civilian police forces;
            (6) to confront and counter the violence, extortion, and 
        other crimes perpetrated by armed criminal gangs, illicit 
        trafficking organizations, and organized crime, while 
        disrupting recruitment efforts by such organizations;
            (7) to disrupt money laundering and other illicit financial 
        operations of criminal networks, armed gangs, illicit 
        trafficking organizations, and human smuggling networks;
            (8) to promote greater respect for internationally 
        recognized human rights, labor rights, fundamental freedoms, 
        and the media;
            (9) to protect the human rights of environmental defenders, 
        civil society activists, and journalists;
            (10) to enhance accountability for government officials, 
        including police and security force personnel, who are credibly 
        alleged to have committed serious violations of human rights or 
        other crimes;
            (11) to enhance the capability of governments in Central 
        America to protect and provide for vulnerable and at-risk 
        populations;
            (12) to address the underlying causes of poverty and 
        inequality and the constraints to inclusive economic growth in 
        Central America; and
            (13) to prevent and respond to endemic levels of sexual, 
        gender-based, and domestic violence.
    (c) Coordination and Consultation.--In implementing the Strategy, 
the Secretary of State shall--
            (1) coordinate with the Secretary of the Treasury, the 
        Secretary of Defense, the Secretary, the Attorney General, the 
        Administrator of the United States Agency for International 
        Development, and the Chief Executive Officer of the United 
        States Development Finance Corporation; and
            (2) consult with the Director of National Intelligence, 
        national and local civil society organizations in Central 
        America and the United States, and the governments of Central 
        America.
    (d) Support for Central American Efforts.--To the degree feasible, 
the Strategy shall support or complement efforts being carried out by 
the Governments of El Salvador, of Guatemala, and of Honduras, in 
coordination with bilateral and multilateral donors and partners, 
including the Inter-American Development Bank.

SEC. 2102. SECURING SUPPORT OF INTERNATIONAL DONORS AND PARTNERS.

    (a) Plan.--The Secretary of State shall implement a 4-year plan--
            (1) to secure support from international donors and 
        regional partners to enhance the implementation of the 
        Strategy;
            (2) to identify governments that are willing to provide 
        financial and technical assistance for the implementation of 
        the Strategy and the specific assistance that will be provided; 
        and
            (3) to identify and describe the financial and technical 
        assistance to be provided by multilateral institutions, 
        including the Inter-American Development Bank, the World Bank, 
        the International Monetary Fund, the Andean Development 
        Corporation-Development Bank of Latin America, and the 
        Organization of American States.
    (b) Diplomatic Engagement and Coordination.--The Secretary of 
State, in coordination with the Secretary of the Treasury, as 
appropriate, shall--
            (1) carry out diplomatic engagement to secure contributions 
        of financial and technical assistance from international donors 
        and partners in support of the Strategy; and
            (2) take all necessary steps to ensure effective 
        cooperation among international donors and partners supporting 
        the Strategy.

SEC. 2103. COMBATING CORRUPTION, STRENGTHENING THE RULE OF LAW, AND 
              CONSOLIDATING DEMOCRATIC GOVERNANCE.

    The Secretary of State and the Administrator of the United States 
Agency for International Development are authorized--
            (1) to combat corruption in Central America by supporting--
                    (A) Inspectors General and oversight institutions, 
                including--
                            (i) support for multilateral support 
                        missions for key ministries, including 
                        ministries responsible for tax, customs, 
                        procurement, and citizen security; and
                            (ii) relevant training for inspectors and 
                        auditors;
                    (B) multilateral support missions against 
                corruption and impunity;
                    (C) civil society organizations conducting 
                oversight of executive and legislative branch officials 
                and functions, police and security forces, and judicial 
                officials and public prosecutors; and
                    (D) the enhancement of freedom of information 
                mechanisms;
            (2) to strengthen the rule of law in Central America by 
        supporting--
                    (A) Attorney General offices, public prosecutors, 
                and the judiciary, including enhancing investigative 
                and forensics capabilities;
                    (B) an independent, merit-based selection processes 
                for judges and prosecutors, independent internal 
                controls, and relevant ethics and professional 
                training, including training on sexual, gender-based, 
                and domestic violence;
                    (C) improved victim, witness, and whistleblower 
                protection and access to justice; and
                    (D) reforms to and the improvement of prison 
                facilities and management;
            (3) to consolidate democratic governance in Central America 
        by supporting--
                    (A) reforms of civil services, related training 
                programs, and relevant laws and processes that lead to 
                independent, merit-based selection processes;
                    (B) national legislatures and their capacity to 
                conduct oversight of executive branch functions;
                    (C) reforms to, and strengthening of, political 
                party and campaign finance laws and electoral 
                tribunals;
                    (D) local governments and their capacity to provide 
                critical safety, education, health, and sanitation 
                services to citizens; and
            (4) to defend human rights by supporting--
                    (A) human rights ombudsman offices;
                    (B) government protection programs that provide 
                physical protection and security to human rights 
                defenders, journalists, trade unionists, 
                whistleblowers, and civil society activists who are at 
                risk;
                    (C) civil society organizations that promote and 
                defend human rights, freedom of expression, freedom of 
                the press, labor rights, environmental protection, and 
                the rights of individuals with diverse sexual 
                orientations or gender identities; and
                    (D) civil society organizations that address 
                sexual, gender-based, and domestic violence, and that 
                protect victims of such violence.

SEC. 2104. COMBATING CRIMINAL VIOLENCE AND IMPROVING CITIZEN SECURITY.

    The Secretary of State and the Administrator of the United States 
Agency for International Development are authorized--
            (1) to counter the violence and crime perpetrated by armed 
        criminal gangs, illicit trafficking organizations, and human 
        smuggling networks in Central America by providing assistance 
        to civilian law enforcement, including support for--
                    (A) the execution and management of complex, multi-
                actor criminal cases;
                    (B) the enhancement of intelligence collection 
                capacity, and training on civilian intelligence 
                collection (including safeguards for privacy and basic 
                civil liberties), investigative techniques, forensic 
                analysis, and evidence preservation;
                    (C) community policing policies and programs;
                    (D) the enhancement of capacity to identify, 
                investigate, and prosecute crimes involving sexual, 
                gender-based, and domestic violence; and
                    (E) port, airport, and border security officials, 
                agencies and systems, including--
                            (i) the professionalization of immigration 
                        personnel;
                            (ii) improvements to computer 
                        infrastructure and data management systems, 
                        secure communications technologies, 
                        nonintrusive inspection equipment, and radar 
                        and aerial surveillance equipment; and
                            (iii) assistance to canine units;
            (2) to disrupt illicit financial networks in Central 
        America, including by supporting--
                    (A) finance ministries, including the imposition of 
                financial sanctions to block the assets of individuals 
                and organizations involved in money laundering or the 
                financing of armed criminal gangs, illicit trafficking 
                networks, human smuggling networks, or organized crime;
                    (B) financial intelligence units, including the 
                establishment and enhancement of anti-money laundering 
                programs; and
                    (C) the reform of bank secrecy laws;
            (3) to assist in the professionalization of civilian police 
        forces in Central America by supporting--
                    (A) reforms with respect to personnel recruitment, 
                vetting, and dismissal processes, including the 
                enhancement of polygraph capability for use in such 
                processes;
                    (B) Inspectors General and oversight offices, 
                including relevant training for inspectors and 
                auditors, and independent oversight mechanisms, as 
                appropriate; and
                    (C) training and the development of protocols 
                regarding the appropriate use of force and human 
                rights;
            (4) to improve crime prevention and to reduce violence, 
        extortion, child recruitment into gangs, and sexual slavery by 
        supporting--
                    (A) the improvement of child protection systems;
                    (B) the enhancement of programs for at-risk youth, 
                including the improvement of community centers and 
                programs aimed at successfully reinserting former gang 
                members;
                    (C) livelihood programming that provides youth and 
                other at-risk individuals with legal and sustainable 
                alternatives to gang membership;
                    (D) safe shelter and humanitarian responses for 
                victims of crime and internal displacement; and
                    (E) programs to receive and effectively reintegrate 
                repatriated migrants in El Salvador, Guatemala, and 
                Honduras.

SEC. 2105. COMBATING SEXUAL, GENDER-BASED, AND DOMESTIC VIOLENCE.

    The Secretary of State and the Administrator of the United States 
Agency for International Development are authorized to counter sexual, 
gender-based, and domestic violence in Central American countries by--
            (1) broadening engagement among national and local 
        institutions to address sexual, gender-based, and domestic 
        violence;
            (2) supporting educational initiatives to reduce sexual, 
        gender-based, and domestic violence;
            (3) supporting outreach efforts tailored to meet the needs 
        of women, girls, individuals of diverse sexual orientations or 
        gender identities, and other vulnerable individuals at risk of 
        violence and exploitation;
            (4) formalizing standards of care and confidentiality at 
        police, health facilities, and other government facilities; and
            (5) establishing accountability mechanisms for perpetrators 
        of violence.

SEC. 2106. TACKLING EXTREME POVERTY AND ADVANCING ECONOMIC DEVELOPMENT.

    The Secretary of State and the Administrator of the United States 
Agency for International Development are authorized to tackle extreme 
poverty and the underlying causes of poverty in Central American 
countries by--
            (1) strengthening human capital by supporting--
                    (A) workforce development and entrepreneurship 
                training programs that are driven by market demand, 
                including programs that prioritize women, at-risk 
                youth, and indigenous communities;
                    (B) improving early-grade literacy, and primary and 
                secondary school curricula;
                    (C) relevant professional training for teachers and 
                educational administrators;
                    (D) educational policy reform and improvement of 
                education sector budgeting; and
                    (E) establishment and expansion of safe schools and 
                related facilities for children;
            (2) enhancing economic competitiveness and investment 
        climate by supporting--
                    (A) small business development centers and programs 
                that strengthen supply chain integration;
                    (B) the improvement of protections for investors, 
                including dispute resolution and arbitration 
                mechanisms;
                    (C) trade facilitation and customs harmonization 
                programs; and
                    (D) reducing energy costs through investments in 
                clean technologies and the reform of energy policies 
                and regulations;
            (3) strengthening food security by supporting--
                    (A) small and medium-scale sustainable agriculture, 
                including by providing technical training, improving 
                access to credit, and promoting policies and programs 
                that incentivize government agencies and private 
                institutions to buy from local producers;
                    (B) agricultural value chain development for 
                farming communities;
                    (C) nutrition programs to reduce childhood 
                malnutrition and stunting rates; and
                    (D) mitigation, adaptation, and recovery programs 
                in response to natural disasters and other external 
                shocks; and
            (4) improving fiscal and financial affairs by supporting--
                    (A) domestic revenue generation, including programs 
                to improve tax administration, collection, and 
                enforcement;
                    (B) strengthening public sector financial 
                management, including strategic budgeting and 
                expenditure tracking; and
                    (C) reform of customs and procurement policies and 
                processes.

SEC. 2107. AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES STRATEGY 
              FOR ENGAGEMENT IN CENTRAL AMERICA.

    (a) In General.--There are authorized to be appropriated 
$1,000,000,000 for each of the fiscal years 2022 through 2025 to carry 
out the Strategy.
    (b) Portion of Funding Available Without Condition.--The Secretary 
of State or the Administrator of the United States Agency for 
International Development, as appropriate, may obligate up to 50 
percent of the amounts appropriated in each fiscal year pursuant to 
subsection (a) to carry out the Strategy on the first day of the fiscal 
year for which they are appropriated.
    (c) Portion of Funding Available After Progress on Specific 
Issues.--
            (1) Effective implementation.--The remaining 50 percent of 
        the amounts appropriated pursuant to subsection (a) (after the 
        obligations authorized under subsection (b)) may only be made 
        available for assistance to the Government of El Salvador, of 
        Guatemala, or of Honduras after the Secretary of State consults 
        with, and subsequently certifies and reports to, the Committee 
        on Foreign Relations of the Senate, the Committee on 
        Appropriations of the Senate, the Committee on Foreign Affairs 
        of the House of Representatives, and the Committee on 
        Appropriations of the House of Representatives that the 
        respective government is taking effective steps (in addition to 
        steps taken during the previous calendar year)--
                    (A) to combat corruption and impunity, including 
                investigating and prosecuting government officials, 
                military personnel, and civilian police officers 
                credibly alleged to be corrupt;
                    (B) to implement reforms, policies, and programs to 
                strengthen the rule of law, including increasing the 
                transparency of public institutions and the 
                independence of the judiciary and electoral 
                institutions;
                    (C) to protect the rights of civil society, 
                opposition political parties, trade unionists, human 
                rights defenders, and the independence of the media;
                    (D) to provide effective and accountable civilian 
                law enforcement and security for its citizens, and 
                curtailing the role of the military in internal 
                policing;
                    (E) to implement policies to reduce poverty and 
                promote equitable economic growth and opportunity;
                    (F) to increase government revenues, including by 
                enhancing tax collection, strengthening customs 
                agencies, and reforming procurement processes;
                    (G) to improve border security and countering human 
                smuggling, criminal gangs, drug traffickers, and 
                transnational criminal organizations;
                    (H) to counter and prevent sexual and gender-based 
                violence;
                    (I) to inform its citizens of the dangers of the 
                journey to the southwest border of the United States;
                    (J) to resolve disputes involving the confiscation 
                of real property of United States entities; and
                    (K) to implement reforms to strengthen educational 
                systems, vocational training programs, and programs for 
                at-risk youth.

   Subtitle B--Addressing Migration Needs by Strengthening Regional 
 Humanitarian Responses for Refugees and Asylum Seekers in the Western 
         Hemisphere and Strengthening Repatriation Initiatives

SEC. 2201. EXPANDING REFUGEE AND ASYLUM PROCESSING IN THE WESTERN 
              HEMISPHERE.

    (a) Refugee Processing.--The Secretary of State, in coordination 
with the Secretary, shall work with international partners, including 
the United Nations High Commissioner for Refugees and international 
nongovernmental organizations, to support and strengthen the domestic 
capacity of countries in the Western Hemisphere to process and accept 
refugees for resettlement and adjudicate asylum claims by--
            (1) providing support and technical assistance to expand 
        and improve the capacity to identify, process, and adjudicate 
        refugee claims, adjudicate applications for asylum, or 
        otherwise accept refugees referred for resettlement by the 
        United Nations High Commissioner for Refugees or host nations, 
        including by increasing the number of refugee and asylum 
        officers who are trained in the relevant legal standards for 
        adjudicating claims for protection;
            (2) establishing and expanding safe and secure locations to 
        facilitate the safe and orderly movement of individuals and 
        families seeking international protection;
            (3) improving national refugee and asylum registration 
        systems to ensure that any person seeking refugee status, 
        asylum, or other humanitarian protections--
                    (A) receives due process and meaningful access to 
                existing humanitarian protections;
                    (B) is provided with adequate information about his 
                or her rights, including the right to seek protection;
                    (C) is properly screened for security, including 
                biographic and biometric capture; and
                    (D) receives appropriate documents to prevent fraud 
                and ensure freedom of movement and access to basic 
                social services; and
            (4) developing the capacity to conduct best interest 
        determinations for unaccompanied children with international 
        protection needs to ensure that such children are properly 
        registered and that their claims are appropriately considered.
    (b) Diplomatic Engagement and Coordination.--The Secretary of 
State, in coordination with the Secretary, as appropriate, shall--
            (1) carry out diplomatic engagement to secure commitments 
        from governments to resettle refugees from Central America; and
            (2) take all necessary steps to ensure effective 
        cooperation among governments resettling refugees from Central 
        America.

SEC. 2202. FURTHER STRENGTHENING REGIONAL HUMANITARIAN RESPONSES IN THE 
              WESTERN HEMISPHERE.

    The Secretary of State, in coordination with international 
partners, including the United Nations High Commissioner for Refugees, 
shall support and coordinate with the government of each country 
hosting a significant population of refugees and asylum seekers from El 
Salvador, Guatemala, and Honduras--
            (1) to establish and expand temporary shelter and shelter 
        network capacity to meet the immediate protection and 
        humanitarian needs of refugees and asylum seekers, including 
        shelters for families, women, unaccompanied children, and other 
        vulnerable populations;
            (2) to deliver gender-, trauma-, and age-sensitive 
        humanitarian assistance to refugees and asylum seekers, 
        including access to accurate information, legal representation, 
        education, livelihood opportunities, cash assistance, and 
        health care;
            (3) to establish and expand sexual, gender-based, and 
        domestic violence prevention, recovery, and humanitarian 
        programming;
            (4) to fund national- and community-led humanitarian 
        organizations in humanitarian response;
            (5) to support local integration initiatives to help 
        refugees and asylum seekers rebuild their lives and contribute 
        in a meaningful way to the local economy in their host country; 
        and
            (6) to support technical assistance for refugee relocation 
        and resettlement.

SEC. 2203. INFORMATION CAMPAIGN ON DANGERS OF IRREGULAR MIGRATION.

    (a) In General.--The Secretary of State, in coordination with the 
Secretary, shall design and implement public information campaigns in 
El Salvador, Guatemala, Honduras, and other appropriate Central 
American countries--
            (1) to disseminate information about the potential dangers 
        of travel to the United States;
            (2) to provide accurate information about United States 
        immigration law and policy; and
            (3) to provide accurate information about the availability 
        of asylum, other humanitarian protections in countries in the 
        Western Hemisphere, and other legal means for migration.
    (b) Elements.--The information campaigns implemented pursuant to 
subsection (a), to the greatest extent possible--
            (1) shall be targeted at regions with high levels of 
        outbound migration or significant populations of internally 
        displaced persons;
            (2) shall be conducted in local languages;
            (3) shall employ a variety of communications media, 
        including social media; and
            (4) shall be developed in coordination with program 
        officials at the Department of Homeland Security, the 
        Department of State, and other government, nonprofit, or 
        academic entities in close contact with migrant populations 
        from El Salvador, Guatemala, and Honduras, including 
        repatriated migrants.

SEC. 2204. IDENTIFICATION, SCREENING, AND PROCESSING OF REFUGEES AND 
              OTHER INDIVIDUALS ELIGIBLE FOR LAWFUL ADMISSION TO THE 
              UNITED STATES.

    (a) Designated Processing Centers.--
            (1) In general.--The Secretary of State, in coordination 
        with the Secretary, shall establish designated processing 
        centers for the registration, screening, and processing of 
        refugees and other eligible individuals, and the resettlement 
        or relocation of these individuals to the United States or 
        other countries.
            (2) Locations.--Not fewer than 1 designated processing 
        centers shall be established in a safe and secure location 
        identified by the United States and the host government in--
                    (A) El Salvador;
                    (B) Guatemala;
                    (C) Honduras; and
                    (D) any other Central American country that the 
                Secretary of State considers appropriate to accept and 
                process requests and applications under this subtitle.
    (b) Personnel.--
            (1) Refugee officers and related personnel.--The Secretary 
        shall ensure that sufficient numbers of refugee officers and 
        other personnel are assigned to each designated processing 
        center to fulfill the requirements under this subtitle.
            (2) Support personnel.--The Secretary and the Attorney 
        General shall hire and assign sufficient personnel to ensure, 
        absent exceptional circumstances, that all security and law 
        enforcement background checks required under this subtitle and 
        family verification checks carried out by the Refugee Access 
        Verification Unit are completed within 180 days.
    (c) Operations.--
            (1) In general.--Absent extraordinary circumstances, each 
        designated processing center shall commence operations as 
        expeditiously as possible.
            (2) Productivity and quality control.--The Secretary of 
        State, in coordination with the Secretary, shall monitor the 
        activities of each designated processing center and establish 
        metrics and criteria for evaluating the productivity and 
        quality control of each designated processing center.

SEC. 2205. REGISTRATION AND INTAKE.

    (a) Registration.--Each designated processing center shall receive 
and register individuals seeking to apply for benefits under this 
subtitle who meet criteria specified by the Secretary of State, in 
coordination with the Secretary.
    (b) Intake.--The designated processing center shall assess 
registered individuals to determine the benefits for which they may be 
eligible, including--
            (1) refugee resettlement pursuant to the Central American 
        Refugee Program described in section 2206;
            (2) the Central American Minors Program described in 
        section 2207; and
            (3) the Central American Family Reunification Parole 
        Program described in section 2208.
    (c) Expedited Processing.--The Secretary of State shall provide 
expedited processing of applications and requests under this subtitle 
in emergency situations, for humanitarian reasons, or if the Secretary 
of State otherwise determines that circumstances warrant expedited 
treatment.

SEC. 2206. CENTRAL AMERICAN REFUGEE PROGRAM.

    (a) Processing at Designated Processing Centers.--
            (1) In general.--Any individual who registers at a 
        designated processing center, expresses a fear of persecution 
        or an intention to apply for refugee status, and who is a 
        national of El Salvador, of Honduras, of Guatemala, or of any 
        other Central American country whose nationals the Secretary of 
        State has determined are eligible for refugee status under this 
        section may apply for refugee resettlement under this section. 
        Upon filing of a completed application, the applicant may be 
        referred to a refugee officer for further processing in 
        accordance with this section.
            (2) Submission of biographic and biometric data.--An 
        applicant described in paragraph (1) shall submit biographic 
        and biometric data in accordance with procedures established by 
        the Secretary of State, in coordination with the Secretary. An 
        alternative procedure shall be provided for applicants who are 
        unable to provide all required biographic and biometric data 
        because of a physical or mental impairment.
            (3) Background checks.--The Secretary of State shall 
        utilize biometric, biographic, and other appropriate data to 
        conduct security and law enforcement background checks of 
        applicants to determine whether there is any criminal, national 
        security, or other ground that would render the applicant 
        ineligible for admission as a refugee under section 207 of the 
        Immigration and Nationality Act (8 U.S.C. 1157).
            (4) Orientation.--The Secretary of State shall provide 
        prospective applicants for refugee resettlement with 
        information on applicable requirements and legal standards. All 
        orientation materials, including application forms and 
        instructions, shall be provided in English and Spanish.
            (5) International organizations.--The Secretary of State, 
        in consultation with the Secretary, shall enter into agreements 
        with international organizations, including the United Nations 
        High Commissioner for Refugees, to facilitate the processing 
        and preparation of case files for applicants under this 
        section.
    (b) Optional Referral to Other Countries.--
            (1) In general.--An applicant for refugee resettlement 
        under this section may be referred to another country for the 
        processing of the applicant's refugee claim if another country 
        agrees to promptly process the applicant's refugee claim in 
        accordance with the terms and procedures of a bilateral 
        agreement described in paragraph (2).
            (2) Bilateral agreements for referral of refugees.--
                    (A) In general.--The Secretary of State, in 
                consultation with the Secretary, may enter into 
                bilateral agreements with other countries for the 
                referral, processing, and resettlement of individuals 
                who register at a designated processing center and seek 
                to apply for refugee resettlement under this section. 
                Such agreements shall be limited to countries with the 
                demonstrated capacity to accept and adjudicate 
                applications for refugee status and other forms of 
                international protection, and to resettle refugees 
                consistent with obligations under the Convention 
                Relating to the Status of Refugees, done at Geneva July 
                28, 1951 and made applicable by the Protocol Relating 
                to the Status of Refugees, done at New York January 31, 
                1967 (19 UST 6223).
                    (B) International organizations.--The Secretary of 
                State, in consultation with the Secretary, may enter 
                into agreements with international organizations, 
                including the United Nations High Commissioner for 
                Refugees, to facilitate the referral, processing, and 
                resettlement of individuals described in subparagraph 
                (A).
    (c) Emergency Relocation Coordination.--The Secretary of State, in 
coordination with the Secretary, may enter into bilateral or 
multilateral agreements with other countries in the Western Hemisphere 
to establish safe and secure emergency transit centers for individuals 
who register at a designated processing center, are deemed to face an 
imminent risk of harm, and require temporary placement in a safe 
location pending a final decision on an application under this section. 
Such agreements may be developed in consultation with the United 
Nations High Commissioner for Refugees and shall conform to 
international humanitarian standards.
    (d) Expansion of Refugee Corps.--Subject to the availability of 
amounts provided in advance in appropriation Acts, the Secretary shall 
appoint additional refugee officers as may be necessary to carry out 
this section.

SEC. 2207. CENTRAL AMERICAN MINORS PROGRAM.

    (a) Eligibility.--
            (1) Petition.--If an assessment under section 2205(b) 
        results in a determination that a noncitizen is eligible for 
        special immigrant status in accordance with this subsection--
                    (A) the designated processing center that conducted 
                such assessment may accept a petition for such status 
                filed by the noncitizen, or on behalf of the noncitizen 
                by a parent or legal guardian; and
                    (B) subject to subsection (d), and notwithstanding 
                any other provision of law, the Secretary may provide 
                such noncitizen with status as a special immigrant 
                under section 101(a)(27) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(27)).
            (2) Criteria.--A noncitizen shall be eligible under this 
        subsection if he or she--
                    (A) is a national of El Salvador, of Honduras, of 
                Guatemala, or of any other Central American country 
                whose nationals the Secretary has determined are 
                eligible for special immigrant status under this 
                section;
                    (B) is a child (as defined in section 101(b)(1) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(b)(1))) of an individual who is lawfully present 
                in the United States; and
                    (C) is otherwise admissible to the United States 
                (excluding the grounds of inadmissibility specified in 
                section 212(a)(4) of the Immigration and Nationality 
                Act (8 U.S.C. 1182(a)(4))).
    (b) Minor Children.--Any child (as defined in section 101(b)(1) of 
the Immigration and Nationality Act (8 U.S.C. 1101(b)(1))) of a 
noncitizen described in subsection (a) is entitled to special immigrant 
status if accompanying or following to join such noncitizen.
    (c) Exclusion From Numerical Limitations.--Noncitizens provided 
special immigrant status under this section shall not be counted 
against any numerical limitation under the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.).
    (d) Applicants Under Prior Central American Minors Refugee 
Program.--
            (1) In general.--The Secretary shall deem an application 
        filed under the Central American Minors Refugee Program, 
        established on December 1, 2014, and terminated on August 16, 
        2017, which was not the subject of a final disposition before 
        January 31, 2018, to be a petition filed under this section.
            (2) Final determination.--Absent exceptional circumstances, 
        the Secretary shall make a final determination on applications 
        described in paragraph (1) not later than 180 days after the 
        date of the enactment of this Act.
            (3) Notice.--The Secretary shall--
                    (A) promptly notify all relevant parties of the 
                conversion of an application described in paragraph (1) 
                into a special immigrant petition; and
                    (B) provide instructions for withdrawal of the 
                petition if the noncitizen does not want to proceed 
                with the requested relief.
    (e) Biometrics and Background Checks.--
            (1) Submission of biometric and biographic data.--
        Petitioners for special immigrant status under this section 
        shall submit biometric and biographic data in accordance with 
        procedures established by the Secretary. An alternative 
        procedure shall be provided for applicants who are unable to 
        provide all required biometric data because of a physical or 
        mental impairment.
            (2) Background checks.--The Secretary shall utilize 
        biometric, biographic, and other appropriate data to conduct 
        security and law enforcement background checks of petitioners 
        to determine whether there is any criminal, national security, 
        or other ground that would render the applicant ineligible for 
        special immigrant status under this section.
            (3) Completion of background checks.--The security and law 
        enforcement background checks required under paragraph (2) 
        shall be completed, to the satisfaction of the Secretary, 
        before the date on which a petition for special immigrant 
        status under this section may be approved.

SEC. 2208. CENTRAL AMERICAN FAMILY REUNIFICATION PAROLE PROGRAM.

    (a) Eligibility.--
            (1) Application.--If an assessment under section 2205(b) 
        results in a determination that a noncitizen is eligible for 
        parole in accordance with this section--
                    (A) the designated processing center may accept a 
                completed application for parole filed by the 
                noncitizen, or on behalf of the noncitizen by a parent 
                or legal guardian; and
                    (B) the Secretary may grant parole under section 
                212(d)(5) of the Immigration and Nationality Act (8 
                U.S.C. 1182(d)(5)) to such noncitizen.
            (2) Criteria.--A noncitizen shall be eligible for parole 
        under this section if he or she--
                    (A) is a national of El Salvador, of Guatemala, of 
                Honduras, or of any other Central American country 
                whose nationals the Secretary has determined are 
                eligible for parole under this section;
                    (B) is the beneficiary of an approved immigrant 
                visa petition under section 203(a) of the Immigration 
                and Nationality Act (8 U.S.C. 1153(a)); and
                    (C) an immigrant visa is not immediately available 
                for the noncitizen, but is expected to be available 
                within a period designated by the Secretary.
    (b) Biometrics and Background Checks.--
            (1) Submission of biometric and biographic data.--
        Applicants for parole under this section shall be required to 
        submit biometric and biographic data in accordance with 
        procedures established by the Secretary. An alternative 
        procedure shall be provided for applicants who are unable to 
        provide all required biometric data because of a physical or 
        mental impairment.
            (2) Background checks.--The Secretary shall utilize 
        biometric, biographic, and other appropriate data to conduct 
        security and law enforcement background checks of applicants to 
        determine whether there is any criminal, national security, or 
        other ground that would render the applicant ineligible for 
        parole under this section.
            (3) Completion of background checks.--The security and law 
        enforcement background checks required under paragraph (2) 
        shall be completed to the satisfaction of the Secretary before 
        the date on which an application for parole may be approved.

SEC. 2209. INFORMATIONAL CAMPAIGN; CASE STATUS HOTLINE.

    (a) Informational Campaign.--The Secretary shall implement an 
informational campaign, in English and Spanish, in the United States, 
El Salvador, Guatemala, Honduras, and other appropriate Central 
American countries to increase awareness of the programs authorized 
under this subtitle.
    (b) Case Status Hotline.--The Secretary shall establish a case 
status hotline to provide confidential processing information on 
pending cases.

   Subtitle C--Managing the Border and Protecting Border Communities

SEC. 2301. EXPEDITING LEGITIMATE TRADE AND TRAVEL AT PORTS OF ENTRY.

    (a) Technology Deployment Plan.--The Secretary is authorized to 
develop and implement a plan to deploy technology--
            (1) to expedite the screening of legitimate trade and 
        travel; and
            (2) to enhance the ability to identify narcotics and other 
        contraband, at every land, air, and sea port of entry.
    (b) Elements.--The technology deployment plan developed pursuant to 
subsection (a) shall include--
            (1) the specific steps that will be taken to increase the 
        rate of high-throughput scanning of commercial and passenger 
        vehicles and freight rail traffic entering the United States at 
        land ports of entry and rail-border crossings along the border 
        using large-scale, nonintrusive inspection systems or similar 
        technology before primary inspections booths to enhance border 
        security;
            (2) a comprehensive description of the technologies and 
        improvements needed to facilitate legal travel and trade, 
        reduce wait times, and better identify contraband at land and 
        rail ports of entry, including--
                    (A) the specific steps the Secretary will take to 
                ensure, to the greatest extent practicable, that high-
                throughput scanning technologies are deployed within 5 
                years at all land border ports of entry to ensure that 
                all commercial and passenger vehicles and freight rail 
                traffic entering the United States at land ports of 
                entry and rail-border crossings along the border 
                undergo pre-primary scanning; and
                    (B) the specific steps the Secretary will take to 
                increase the amount of cargo that is subject to 
                nonintrusive inspections systems at all ports of entry;
            (3) a comprehensive description of the technologies and 
        improvements needed to enhance traveler experience, reduce 
        inspection and wait times, and better identify potential 
        criminals and terrorists at air ports of entry;
            (4) a comprehensive description of the technologies and 
        improvements needed--
                    (A) to enhance the security of maritime trade;
                    (B) to increase the percent of shipping containers 
                that are scanned; and
                    (C) to enhance the speed and quality of inspections 
                without adversely impacting trade flows;
            (5) any projected impacts identified by the Commissioner of 
        U.S. Customs and Border Protection regarding--
                    (A) the number of commercial and passenger vehicles 
                and freight rail traffic entering at land ports of 
                entry and rail-border crossings;
                    (B) where such systems are in use; and
                    (C) the average wait times at peak and non-peak 
                travel times, by lane type (if applicable), as scanning 
                rates are increased;
            (6) any projected impacts, as identified by the 
        Commissioner of U.S. Customs and Border Protection, regarding 
        border security operations at ports of entry as a result of 
        implementation actions, including any required changes to the 
        number of U.S. Customs and Border Protection officers or their 
        duties and assignments;
            (7) any projected impact on--
                    (A) the ability of regular border crossers and 
                border community residents to cross the border 
                efficiently; and
                    (B) the privacy and civil liberties of border 
                community residents (as identified by medical 
                professionals), border community stakeholders 
                (including elected officials, educators, and business 
                leaders), and civil rights experts;
            (8) detailed performance measures and benchmarks that can 
        be used to evaluate how effective these technologies are in 
        helping to expedite legal trade and travel while enhancing 
        security at ports of entry; and
            (9) the estimated costs and an acquisition plan for 
        implementing the steps identified in the plan, including--
                    (A) achieving pre-primary, high-throughput scanning 
                at all feasible land and rail ports of entry within the 
                timeframes specified in paragraph (1);
                    (B) reducing passenger and pedestrian wait times;
                    (C) the acquisition, operations, and maintenance 
                costs for large-scale, nonintrusive inspection systems 
                and other technologies identified in the plan; and
                    (D) associated costs for any necessary 
                infrastructure enhancements or configuration changes at 
                each port of entry.
    (c) Small Business Opportunities.--The acquisition plan required 
under subsection (b)(9) shall promote, to the extent practicable, 
opportunities for entities that qualify as small business concerns (as 
defined under section 3(a) of the Small Business Act (15 U.S.C. 
632(a))).
    (d) Modernization of Port of Entry Infrastructure.--The Secretary 
is authorized to develop and implement a plan that--
            (1) identifies infrastructure improvements at ports of 
        entry that would--
                    (A) enhance the ability to process asylum seekers;
                    (B) facilitate daily pedestrian and vehicular trade 
                and traffic; and
                    (C) detect, interdict, disrupt, and prevent 
                fentanyl, other synthetic opioids, and other narcotics 
                and psychoactive substances and associated contraband 
                from entering the United States;
            (2) describes circumstances in which effective technology 
        in use at certain ports of entry smart cannot be implemented at 
        other ports of entry, including--
                    (A) infrastructure constraints that would impact 
                the ability to deploy detection equipment to improve 
                the ability of such officers to identify such drugs and 
                other dangers that are being illegally transported into 
                the United States; and
                    (B) mitigation measures that could be implemented 
                at these ports of entry; and
            (3) includes other improvements to infrastructure and 
        safety equipment that are needed to protect officers from 
        inclement weather, surveillance by smugglers, and accidental 
        exposure to narcotics or other dangers associated with the 
        inspection of potential drug traffickers.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such funds as may be necessary to implement the plans 
required under this section.

SEC. 2302. DEPLOYING SMART TECHNOLOGY AT THE SOUTHERN BORDER.

    (a) In General.--The Secretary is authorized to develop and 
implement a strategy to manage and secure the southern border of the 
United States by deploying smart technology--
            (1) to enhance situational awareness along the border; and
            (2) to counter transnational criminal networks.
    (b) Contents.--The smart technology strategy described in 
subsection (a) shall include--
            (1) a comprehensive assessment of the physical barriers, 
        levees, technologies, tools, and other devices that are 
        currently in use along the southern border of the United 
        States;
            (2) the deployment of technology between ports of entry 
        that focuses on flexible solutions that can expand the ability 
        to detect illicit activity, evaluate the effectiveness of 
        border security operations, and be easily relocated, broken out 
        by U.S. Border Patrol sector;
            (3) the specific steps that may be taken in each U.S. 
        Border Patrol sector during the next 5 years to identify 
        technology systems and tools that can help provide situational 
        awareness of the southern border;
            (4) an explanation for why each technology, tool, or other 
        device was recommended to achieve and maintain situational 
        awareness of the southern border, including--
                    (A) the methodology used to determine which type of 
                technology, tool, or other device was recommended;
                    (B) a specific description of how each technology 
                will contribute to the goal of evaluating the 
                performance and identifying the effectiveness rate of 
                U.S. Border Patrol agents and operations; and
                    (C) a privacy evaluation of each technology, tool, 
                or other device that examines their potential impact on 
                border communities;
            (5) cost-effectiveness calculations for each technology, 
        tool, or other device that will be deployed, including an 
        analysis of the cost per mile of border surveillance;
            (6) a cost justification for each instance a more expensive 
        technology, tool, or other device is recommended over a less 
        expensive option in a given U.S. Border Patrol sector; and
            (7) performance measures that can be used to evaluate the 
        effectiveness of each technology deployed and of U.S. Border 
        Patrol operations in each sector.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to implement this section.

SEC. 2303. INDEPENDENT OVERSIGHT ON PRIVACY RIGHTS.

    The Office of the Inspector General for the Department of Homeland 
Security shall conduct oversight to ensure that--
            (1) the technology used by U.S. Customs and Border 
        Protection is--
                    (A) effective in serving a legitimate agency 
                purpose;
                    (B) the least intrusive means of serving such 
                purpose; and
                    (C) cost effective;
            (2) guidelines are developed for using such technology to 
        ensure appropriate limits on data collection, processing, 
        sharing, and retention; and
            (3) the Department of Homeland Security has consulted with 
        stakeholders, including affected border communities, in the 
        development of any plans to expand technology.

SEC. 2304. TRAINING AND CONTINUING EDUCATION.

    (a) Mandatory Training and Continuing Education To Promote Agent 
and Officer Safety and Professionalism.--The Secretary is authorized to 
establish policies and guidelines to ensure that every agent and 
officer of U.S. Customs and Border Protection and U.S. Immigration and 
Customs Enforcement receives training upon onboarding regarding 
accountability, standards for professional and ethical conduct, and 
oversight.
    (b) Curriculum.--The training required under subsection (a) shall 
include--
            (1) best practices in community policing, cultural 
        awareness, and carrying out enforcement actions near sensitive 
        locations, responding to grievances, and how to refer 
        complaints to the Immigration Detention Ombudsman;
            (2) interaction with vulnerable populations; and
            (3) standards of professional and ethical conduct.
    (c) Continuing Education.--
            (1) In general.--The Secretary shall require all agents and 
        officers of U.S. Customs and Border Protection and U.S. 
        Immigration and Customs Enforcement who are required to undergo 
        training under subsection (a) to participate in continuing 
        education.
            (2) Constitutional authority subject matter.--Continuing 
        education required under paragraph (1) shall include training 
        regarding--
                    (A) the protection of the civil, constitutional, 
                human, and privacy rights of individuals; and
                    (B) use of force policies applicable to agents and 
                officers.
            (3) Administration.--Courses offered as part of continuing 
        education under this subsection shall be administered in 
        coordination with the Federal Law Enforcement Training Centers.
    (d) Medical Training for U.S. Border Patrol Agents.--
            (1) In general.--Section 411 of the Homeland Security Act 
        of 2002 (6 U.S.C. 211) is amended--
                    (A) in subsection (l)--
                            (i) by striking ``The Commissioner'' and 
                        inserting the following:
            ``(1) Continuing education.--The Commissioner''; and
                            (ii) by adding at the end the following:
            ``(2) Medical training for u.s. border patrol agents.--
                    ``(A) In general.--
                            ``(i) Availability.--Beginning not later 
                        than 6 months after the date of the enactment 
                        of the U.S. Citizenship Act, the Commissioner 
                        shall make available, in each U.S. Border 
                        Patrol sector, at no cost to U.S. Border Patrol 
                        agents selected for such training, emergency 
                        medical technician (referred to in this 
                        paragraph as `EMT') and paramedic training, 
                        including pediatric medical training, which 
                        shall utilize nationally recognized pediatric 
                        training curricula that includes emergency 
                        pediatric care.
                            ``(ii) Use of official duty time.--A U.S. 
                        Border Patrol agent shall be credited with work 
                        time for any EMT or paramedic training provided 
                        to such agent under clause (i) in order to 
                        achieve or maintain an EMT or paramedic 
                        certification.
                            ``(iii) Obligated overtime.--A U.S. Border 
                        Patrol agent shall not accrue any debt of 
                        obligated overtime hours that the agent may 
                        have incurred, pursuant to section 5550(b) of 
                        title 5, United States Code, in order to 
                        achieve or maintain a paramedic certification.
                            ``(iv) Lodging and per diem.--Lodging and 
                        per diem shall be made available to U.S. Border 
                        Patrol agents attending training described in 
                        clause (i) if such training is not available at 
                        a location within commuting distance of the 
                        agent's residence or worksite.
                            ``(v) Service commitment.--Any U.S. Border 
                        Patrol agent who completes a certification 
                        preparation program pursuant to clause (i) 
                        shall--
                                    ``(I) complete 1 year of service as 
                                a U.S. Border Patrol agent following 
                                the completion of EMT training;
                                    ``(II) complete 3 years of service 
                                as a U.S. Border Patrol agent following 
                                the completion of paramedic training; 
                                or
                                    ``(III) reimburse U.S. Customs and 
                                Border Protection in an amount equal to 
                                the product of--
                                            ``(aa) the cost of 
                                        providing such training to such 
                                        agent; multiplied by
                                            ``(bb) the percentage of 
                                        the service required under 
                                        subclauses (I) and (II) that 
                                        the agent failed to complete.
                    ``(B) Increase in rate of pay for border patrol 
                medical certification.--
                            ``(i) EMT certification.--A U.S. Border 
                        Patrol agent who has completed EMT training 
                        pursuant to subparagraph (A)(i) and has a 
                        current, State-issued or State-recognized 
                        certification as an EMT shall receive, in 
                        addition to the pay to which the agent is 
                        otherwise entitled under this section, an 
                        amount equal to 5 percent of such pay.
                            ``(ii) Paramedic certification.--A U.S. 
                        Border Patrol agent who has completed paramedic 
                        training pursuant to subparagraph (A)(i) and 
                        has a current, State-issued or State-recognized 
                        certification as a paramedic shall receive, in 
                        addition to the pay to which the agent is 
                        otherwise entitled under this section (except 
                        for subparagraph (A)), an amount equal to 10 
                        percent of such pay.
                            ``(iii) Existing certifications.--A U.S. 
                        Border Patrol agent who did not participate in 
                        the training made available pursuant to 
                        subparagraph (A)(i), but, as of the date of the 
                        enactment of the U.S. Citizenship Act, has a 
                        current State-issued or State-recognized EMT or 
                        paramedic certification, shall receive, in 
                        addition to the pay to which the agent is 
                        otherwise entitled under this section 
                        (excluding the application of clause (i) and 
                        (ii)), an amount equal to--
                                    ``(I) 5 percent of such pay for an 
                                EMT certification; and
                                    ``(II) 10 percent of such pay for a 
                                paramedic certification.
                    ``(C) Availability of medically trained border 
                patrol agents.--Not later than 6 months after the date 
                of the enactment of the U.S. Citizenship Act, the 
                Commissioner of U.S. Customs and Border Protection 
                shall--
                            ``(i) ensure that--
                                    ``(I) U.S. Border Patrol agents 
                                with current EMT or paramedic 
                                certifications are stationed at each 
                                U.S. Border Patrol sector and remote 
                                station along the southern border to 
                                the greatest extent possible;
                                    ``(II) not fewer than 10 percent of 
                                all U.S. Border Patrol agents assigned 
                                to each U.S. Border Patrol sector have 
                                EMT certifications; and
                                    ``(III) not fewer than 1 percent of 
                                all U.S. Border Patrol agents assigned 
                                to each U.S. Border Patrol sector have 
                                paramedic certifications; and
                            ``(ii) in determining the assigned posts of 
                        U.S. Border Patrol agents who have received 
                        training under subparagraph (A)(i), give 
                        priority to remote stations and forward 
                        operating bases.
                    ``(D) Medical supplies.--
                            ``(i) Minimum list.--The Commissioner of 
                        U.S. Customs and Border Protection shall 
                        provide minimum medical supplies to each U.S. 
                        Border Patrol agent with an EMT or paramedic 
                        certification and to each U.S. Border Patrol 
                        sector, including all remote stations and 
                        forward operating bases, for use while on 
                        patrol, including--
                                    ``(I) supplies designed for 
                                children;
                                    ``(II) first aid kits; and
                                    ``(III) oral hydration, such as 
                                water.
                            ``(ii) Consultation.--In developing the 
                        minimum list of medical supplies required under 
                        clause (i), the Commissioner shall consult 
                        national organizations with expertise in 
                        emergency medical care, including emergency 
                        medical care of children.
                    ``(E) Motor vehicles.--The Commissioner of U.S. 
                Customs and Border Protection shall make available 
                appropriate motor vehicles to U.S. Border Patrol agents 
                with current EMT or paramedic certifications to enable 
                them to provide necessary emergency medical assistance.
                    ``(F) GAO report.--Not later than 3 years after the 
                date of the enactment of the U.S. Citizenship Act, the 
                Comptroller General of the United States shall--
                            ``(i) review the progress of the U.S. 
                        Customs and Border Protection's promotion in 
                        reaching the goal of up to 10 percent of all 
                        U.S. Border Patrol agents having EMT or 
                        paramedic certifications; and
                            ``(ii) provide a recommendation to Congress 
                        as to whether--
                                    ``(I) the Commissioner of U.S. 
                                Customs and Border Protection has 
                                effectively and vigorously undertaken 
                                an agency-wide effort to encourage and 
                                promote the mandate for medical 
                                training for U.S. Border Patrol agents 
                                under this paragraph;
                                    ``(II) additional incentive 
                                modifications are needed to achieve or 
                                maintain the goal, including pay 
                                differentials; and
                                    ``(III) the 10 percent goal is 
                                properly scoped to materially 
                                contribute to the preservation of life 
                                and the effectiveness and efficiency of 
                                U.S. Border Patrol operations, 
                                including whether the number is too 
                                high or too low.''; and
                    (B) in subsection (r), by striking ``section, the 
                terms'' and inserting the following: ``section--
            ``(1) the term `child' means any individual who has not 
        reached 18 years of age; and
            ``(2) the terms''.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        section 411(l)(2) of the Homeland Security Act of 2002, as 
        added by paragraph (1).
    (e) Identifying and Treating Individuals Experiencing Medical 
Distress.--
            (1) Online training.--
                    (A) In general.--Beginning on the date that is 90 
                days after the date of the enactment of this Act, the 
                Commissioner of U.S. Customs and Border Protection 
                shall require all U.S. Border Patrol agents, including 
                agents with EMT or paramedic certification, to complete 
                an online training program that meets nationally 
                recognized standards for the medical care of children 
                to enable U.S. Border Patrol agents--
                            (i) to identify common signs of medical 
                        distress in children; and
                            (ii) to ensure the timely transport of sick 
                        or injured children to an appropriate medical 
                        provider.
                    (B) Contract.--In developing or selecting an online 
                training program under subparagraph (A), the 
                Commissioner may enter into a contract with a national 
                professional medical association of pediatric medical 
                providers.
            (2) Voice access to medical professionals.--
                    (A) In general.--The Commissioner of U.S. Customs 
                and Border Protection shall ensure that all remote U.S. 
                Border Patrol stations, forward operating bases, and 
                remote ports of entry along the southern border of the 
                United States have 24-hour voice access to a medical 
                command physician whose board certification includes 
                the ability to perform this role or a mid-level health 
                care provider with pediatric training for consultations 
                regarding the medical needs of individuals, including 
                children, taken into custody near the United States 
                border.
                    (B) Acceptable means of access.--Access under 
                subparagraph (A) may be accomplished through mobile 
                phones, satellite mobile radios, or other means 
                prescribed by the Commissioner.
    (f) Commercial Driver Program.--
            (1) Establishment.--The Commissioner of U.S. Customs and 
        Border Protection shall establish a program to expedite 
        detainee transport to border patrol processing facilities by 
        ensuring, beginning not later than 1 year after the date of the 
        enactment of this Act, that--
                    (A) not fewer than 300 U.S. Border Patrol agents 
                assigned to remote U.S. Border Patrol stations have a 
                commercial driver's license with a passenger 
                endorsement for detainee transport;
                    (B) in each of the El Paso, Laredo, Rio Grande 
                Valley, San Diego, Yuma, and Tucson U.S. Border Patrol 
                Sectors--
                            (i) not fewer than 5 U.S. Border Patrol 
                        agents with a commercial driver's license are 
                        available during every shift; and
                            (ii) not fewer than 3 buses are assigned to 
                        the sector; and
                    (C) in each of the Big Bend, Del Rio, and El Centro 
                U.S. Border Patrol Sectors--
                            (i) not fewer than 2 U.S. Border Patrol 
                        agents with a commercial driver's license are 
                        available during every shift; and
                            (ii) not fewer than 1 bus is assigned to 
                        the sector.
            (2) Relocation.--Buses assigned to specific U.S. Border 
        Patrol sectors pursuant to paragraph (1) may be relocated to 
        other sectors in response to changing patterns.
            (3) Reducing wait times at remote u.s. border patrol 
        stations.--The Commissioner of U.S. Customs and Border 
        Protection shall ensure that sufficient buses are available in 
        each U.S. Border Patrol sector to avoid subjecting detainees to 
        long wait times at remote border patrol stations.
            (4) Use of official duty time.--A U.S. Border Patrol agent 
        shall be credited with work time for the process of obtaining 
        and maintaining a commercial driver's license under paragraph 
        (1).
            (5) Reports to congress.--The Secretary shall submit 
        quarterly reports regarding the average length of detainees' 
        stay at U.S. Border Patrol stations to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Homeland Security of the House 
                of Representatives.

SEC. 2305. GAO STUDY OF WAIVER OF ENVIRONMENTAL AND OTHER LAWS.

    The Comptroller General of the United States shall study the impact 
of the authority of the Secretary, under section 102(c) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (Division C 
of Public Law 104-208; 8 U.S.C. 1103 note), to waive otherwise 
applicable legal requirements to expedite the construction of barriers 
and roads near United States borders, including the impact of such 
waiver on the environment, Indian lands, and border communities.

SEC. 2306. ESTABLISHMENT OF BORDER COMMUNITY STAKEHOLDER ADVISORY 
              COMMITTEE.

    (a) In General.--Subtitle B of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 211 et seq.) is amended by inserting after 
section 415 the following:

``SEC. 416. BORDER COMMUNITY STAKEHOLDER ADVISORY COMMITTEE.

    ``(a) Definitions.--In this section:
            ``(1) Advisory committee.--The term `Advisory Committee' 
        means the Border Community Stakeholder Advisory committee 
        established pursuant to subsection (b).
            ``(2) Border community stakeholder.--The term `border 
        community stakeholder' means an individual who has ownership 
        interests or resides near an international land border of the 
        United States, including--
                    ``(A) an individual who owns land within 10 miles 
                of an international land border of the United States;
                    ``(B) a business leader of a company operating 
                within 100 miles of a land border of the United States;
                    ``(C) a local official from a community on a land 
                border of the United States;
                    ``(D) a representative of an Indian Tribe 
                possessing Tribal lands on a land border of the United 
                States; and
                    ``(E) a representative of a human rights or civil 
                rights organization operating near a land border of the 
                United States.
    ``(b) Establishment.--The Secretary shall establish, within the 
Department, the Border Community Stakeholder Advisory Committee.
    ``(c) Duties.--
            ``(1) In general.--The Secretary shall consult with the 
        Advisory Committee, as appropriate, regarding border security 
        and immigration enforcement matters, including on the 
        development, refinement, and implementation of policies, 
        protocols, programs, and rulemaking pertaining to border 
        security and immigration enforcement that may impact border 
        communities.
            ``(2) Recommendations.--The Advisory Committee shall 
        develop, at the request of the Secretary, recommendations 
        regarding policies, protocols, programs, and rulemaking 
        pertaining to border security and immigration enforcement that 
        may impact border communities.
    ``(d) Membership.--
            ``(1) Appointment.--
                    ``(A) In general.--The Secretary shall appoint the 
                members of the Advisory Committee.
                    ``(B) Composition.--The Advisory Committee shall be 
                composed of--
                            ``(i) 1 border community stakeholder from 
                        each of the 9 U.S. Border Patrol sectors; and
                            ``(ii) 3 individuals with significant 
                        expertise and experience in immigration law, 
                        civil rights, and civil liberties, particularly 
                        relating to the interests of residents of 
                        border communities.
            ``(2) Term of office.--
                    ``(A) Terms.--The term of each member of the 
                Advisory Committee shall be 2 years. The Secretary may 
                reappoint members for additional terms.
                    ``(B) Removal.--The Secretary may review the 
                participation of a member of the Advisory Committee and 
                remove such member for cause at any time.
            ``(3) Prohibition on compensation.--The members of the 
        Advisory Committee may not receive pay, allowances, or benefits 
        from the Federal Government by reason of their service on the 
        Advisory Committee.
            ``(4) Meetings.--
                    ``(A) In general.--The Secretary shall require the 
                Advisory Committee to meet at least semiannually and 
                may convene additional meetings as necessary.
                    ``(B) Public meetings.--At least 1 of the meetings 
                described in subparagraph (A) shall be open to the 
                public.
                    ``(C) Attendance.--The Advisory Committee shall 
                maintain a record of the persons present at each 
                meeting.
            ``(5) Member access to sensitive security information.--
                    ``(A) Access.--If the Secretary determines that 
                there is no cause to restrict a member of the Advisory 
                Committee from possessing sensitive security 
                information, the member may be granted access to such 
                information that is relevant to the member's advisory 
                duties after voluntarily signing a nondisclosure 
                agreement.
                    ``(B) Restrictions on use.--The member shall 
                protect the sensitive security information referred to 
                in subparagraph (A) in accordance with part 1520 of 
                title 49, Code of Federal Regulations.
            ``(6) Chairperson.--A stakeholder representative on the 
        Advisory Committee who is elected by the appointed membership 
        of the Advisory Committee shall chair the Advisory Committee.
    ``(e) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Advisory Committee or any of its 
subcommittees.''.
    (b) Appropriations.--There are authorized to be appropriated such 
sums as may be necessary to implement this section.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (Public Law 107-296) is amended by 
inserting after the item relating to section 415 the following:

``Sec. 416. Border Community Stakeholder Advisory Committee.''.

SEC. 2307. RESCUE BEACONS.

    Section 411(o) of the Homeland Security Act of 2002 (6 U.S.C. 
211(o)) is amended by adding at the end the following:
            ``(3) Rescue beacons.--Beginning on October 1, 2021, in 
        carrying out subsection (c)(8), the Commissioner shall 
        purchase, deploy, and maintain additional self-powering, 9-1-1 
        cellular relay rescue beacons along the southern border of the 
        United States at appropriate locations, as determined by the 
        Commissioner, to effectively mitigate migrant deaths.''.

SEC. 2308. USE OF FORCE.

    (a) Department of Homeland Security Policies.--
            (1) Issuance.--The Secretary, in coordination with the 
        Assistant Attorney General for the Civil Rights, shall issue 
        policies governing the use of force by all Department of 
        Homeland Security personnel.
            (2) Consultation requirement.--In developing policies 
        pursuant to paragraph (1), the Secretary shall consult with law 
        enforcement and civil rights organizations to ensure that such 
        policies--
                    (A) focus law enforcement efforts and tactics on 
                protecting public safety and national security that are 
                consistent with our Nation's values; and
                    (B) leverage best practices and technology to 
                provide such protection.
    (b) Public Reporting.--Not later than 24 hours after any use-of-
force incident that results in serious injury to, or the death of, an 
officer, agent, or member of the public, the Secretary shall--
            (1) make the facts of such incident public; and
            (2) comply fully with the requirements set forth in section 
        3 of the Death in Custody Reporting Act of 2013 (42 U.S.C. 
        13727a).

SEC. 2309. OFFICE OF PROFESSIONAL RESPONSIBILITY.

    (a) In General.--The Commissioner of U.S. Customs and Border 
Protection shall hire, train, and assign sufficient Office of 
Professional Responsibility special agents to ensure that there is 1 
such special agent for every 30 officers to investigate criminal and 
administrative matters and misconduct by officers and other employees 
of U.S. Customs and Border Protection.
    (b) Contracts.--The Commissioner is authorized to enter into such 
contracts as may be necessary to carry out this section.

Subtitle D--Improving Border Infrastructure for Families and Children; 
                Cracking Down on Criminal Organizations

SEC. 2401. HUMANITARIAN AND MEDICAL STANDARDS FOR INDIVIDUALS IN U.S. 
              CUSTOMS AND BORDER PROTECTION CUSTODY.

    (a) In General.--The Secretary, in coordination with the Secretary 
of Health and Human Services, and in consultation with nongovernmental 
experts in the delivery of humanitarian response and health care, shall 
develop guidelines and protocols for basic minimum standards of care 
for individuals in the custody of U.S. Customs and Border Protection.
    (b) Issues Addressed.--The guidelines and protocols described in 
subsection (a) shall ensure that the staffing, physical facilities, 
furnishings, and supplies are adequate to provide each detainee with 
appropriate--
            (1) medical care, including initial health screenings and 
        medical assessments;
            (2) water, sanitation, and hygiene;
            (3) food and nutrition;
            (4) clothing and shelter;
            (5) quiet, dimly illuminated sleeping quarters if he or she 
        is detained overnight;
            (6) information about available services and legal rights, 
        in the common language spoken by the detainee, and access to a 
        telephone; and
            (7) freedom to practice the detainee's religion.

SEC. 2402. CHILD WELFARE AT THE BORDER.

    (a) Guidelines.--The Secretary, in consultation with appropriate 
Federal, State, and local government officials, pediatricians, and 
child welfare experts and private sector agencies, shall develop 
additional guidelines for the treatment of children in the custody of 
U.S. Customs and Border Protection.
    (b) Guiding Principle.--The guiding principle of the guidelines 
developed pursuant to subsection (a) shall be ``the best interest of 
the child'' and shall include--
            (1) appropriate training for all Department of Homeland 
        Security personnel and cooperating entity personnel who have 
        contact with children relating to the care and custody of 
        children;
            (2) ensuring the availability of qualified child welfare 
        professionals and licensed medical professionals, as 
        appropriate;
            (3) a reliable system for identifying and reporting 
        allegations of child abuse or neglect;
            (4) prohibiting the removal of a child from a parent or 
        legal guardian for the purpose of deterring individuals from 
        migrating to the United States or promoting compliance with the 
        United States immigration laws;
            (5) reasonable arrangements for unannounced visits and 
        inspections by the Office of Inspector General of the 
        Department of Homeland Security, nongovernmental organizations, 
        and State and local child welfare agencies; and
            (6) the preservation of all records associated with 
        children in the custody of the Department of Homeland Security, 
        including records of--
                    (A) the identities of the children;
                    (B) any known family members of the children; and
                    (C) reported incidents of abuse of the children 
                while in custody.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to implement this section.

SEC. 2403. OFFICE OF INSPECTOR GENERAL OVERSIGHT.

    Not later than 6 months after the date of the enactment of this Act 
and every 6 months thereafter, the Inspector General of the Department 
of Homeland Security, in coordination with the Secretary of Health and 
Human Services, shall submit a report to the appropriate congressional 
committees regarding--
            (1) the status of the implementation of sections 2401 and 
        2402; and
            (2) findings made after announced and unannounced 
        inspections to Department of Homeland Security facilities.

SEC. 2404. ENHANCED INVESTIGATION AND PROSECUTION OF HUMAN SMUGGLING 
              NETWORKS AND TRAFFICKING ORGANIZATIONS.

    The Attorney General and the Secretary shall expand collaboration 
on the investigation and prosecution of human smuggling networks and 
trafficking organizations targeting migrants, asylum seekers, and 
unaccompanied children and operating at the southwestern border of the 
United States, including the continuation and expansion of anti-
trafficking coordination teams.

SEC. 2405. ENHANCED PENALTIES FOR ORGANIZED SMUGGLING SCHEMES.

    (a) In General.--Section 274(a)(1)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1324(a)(1)(B)) is amended--
            (1) by redesignating clauses (iii) and (iv) as clauses (iv) 
        and (v), respectively;
            (2) by inserting after clause (ii) the following:
            ``(iii) in the case of a violation of subparagraph (A)(i) 
        during and in relation to which the person, while acting for 
        profit or other financial gain, knowingly directs or 
        participates in a scheme to cause 10 or more persons (other 
        than a parent, spouse, sibling, son or daughter, grandparent, 
        or grandchild of the offender) to enter or to attempt to enter 
        the United States at the same time at a place other than a 
        designated port of entry or place other than designated by the 
        Secretary, be fined under title 18, United States Code, 
        imprisoned not more than 15 years, or both;''; and
            (3) in clause (iv), as redesignated, by inserting ``commits 
        or attempts to commit sexual assault of,'' after ``section 1365 
        of title 18, United States Code) to,''.
    (b) Bulk Cash Smuggling.--Section 5332(b)(1) of title 31, United 
States Code, is amended--
            (1) in the paragraph heading, by striking ``Term of 
        imprisonment.--'' and inserting ``In general.--''; and
            (2) by inserting ``, fined under title 18, or both'' after 
        ``5 years''.

SEC. 2406. EXPANDING FINANCIAL SANCTIONS ON NARCOTICS TRAFFICKING AND 
              MONEY LAUNDERING.

    (a) Financial Sanctions Expansion.--The Secretary of the Treasury, 
the Attorney General, the Secretary of State, the Secretary of Defense, 
and the Director of Central Intelligence shall expand investigations, 
intelligence collection, and analysis pursuant to the Foreign Narcotics 
Kingpin Designation Act (21 U.S.C. 1901 et seq.) to increase the 
identification and application of sanctions against--
            (1) significant foreign narcotics traffickers and their 
        organizations and networks; and
            (2) foreign persons, including government officials, who 
        provide material, financial, or technological support to such 
        traffickers, organizations, or networks.
    (b) Specific Targets.--The activities described in subsection (a) 
shall specifically target foreign narcotics traffickers, their 
organizations and networks, and the foreign persons, including 
government officials, who provide material, financial, or technological 
support to such traffickers, organizations, and networks that are 
present and operating in Central America.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out subsection (a).

SEC. 2407. SUPPORT FOR TRANSNATIONAL ANTI-GANG TASK FORCES FOR 
              COUNTERING CRIMINAL GANGS.

    The Director of the Federal Bureau of Investigation, the Director 
of the Drug Enforcement Administration, and the Secretary, in 
coordination with the Secretary of State, shall expand the use of 
transnational task forces that seek to address transnational crime 
perpetrated by gangs in El Salvador, Guatemala, Honduras, and any other 
identified country by--
            (1) expanding transnational criminal investigations focused 
        on criminal gangs in identified countries, such as MS-13 and 
        18th Street;
            (2) expanding training and partnership efforts with law 
        enforcement entities in identified countries to disrupt and 
        dismantle criminal gangs, both internationally and in their 
        respective countries;
            (3) establishing or expanding gang-related investigative 
        units;
            (4) collecting and disseminating intelligence to support 
        related United States-based investigations; and
            (5) expanding programming related to gang intervention and 
        prevention for at-risk youth.

SEC. 2408. HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS.

    (a) Personnel and Structures.--Title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after 
section 274D the following:

``SEC. 274E. HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS.

    ``(a) Illicit Spotting.--
            ``(1) In general.--It shall be unlawful to knowingly 
        surveil, track, monitor, or transmit the location, movement, or 
        activities of any officer or employee of a Federal, State, or 
        Tribal law enforcement agency with the intent--
                    ``(A) to gain financially; and
                    ``(B) to violate--
                            ``(i) the immigration laws;
                            ``(ii) the customs and trade laws of the 
                        United States (as defined in section 2(4) of 
                        the Trade Facilitation and Trade Enforcement 
                        Act of 2015 (Public Law 114-125));
                            ``(iii) any other Federal law relating to 
                        transporting controlled substances, 
                        agriculture, or monetary instruments into the 
                        United States; or
                            ``(iv) any Federal law relating to border 
                        controls measures of the United States.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined under title 18, United States Code, imprisoned for not 
        more than 5 years, or both.
    ``(b) Destruction of United States Border Controls.--
            ``(1) In general.--It shall be unlawful to knowingly and 
        without lawful authorization--
                    ``(A) destroy or significantly damage any fence, 
                barrier, sensor, camera, or other physical or 
                electronic device deployed by the Federal Government to 
                control an international border of, or a port of entry 
                to, the United States; or
                    ``(B) otherwise construct, excavate, or make any 
                structure intended to defeat, circumvent or evade such 
                a fence, barrier, sensor camera, or other physical or 
                electronic device deployed by the Federal Government to 
                control an international border of, or a port of entry 
                to, the United States.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined under title 18, United States Code, imprisoned for not 
        more than 5 years, or both.''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting 
after the item relating to section 274D the following:

``Sec. 274E. Hindering immigration, border, and customs controls.''.

             TITLE III--REFORM OF THE IMMIGRANT VISA SYSTEM

               Subtitle A--Promoting Family Reunification

SEC. 3101. RECAPTURE OF IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY.

    (a) Worldwide Level of Family-Sponsored Immigrants.--Section 201(c) 
of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended to 
read as follows:
    ``(c) Worldwide Level of Family-Sponsored Immigrants.--
            ``(1) In general.--The worldwide level of family-sponsored 
        immigrants under this subsection for a fiscal year is equal to 
        the sum of--
                    ``(A) 480,000;
                    ``(B) the number computed under paragraph (2); and
                    ``(C) the number computed under paragraph (3).
            ``(2) Unused visa numbers from previous fiscal year.--The 
        number computed under this paragraph for a fiscal year is the 
        difference, if any, between--
                    ``(A) the worldwide level of employment-based 
                immigrant visas established for the previous fiscal 
                year; and
                    ``(B) the number of visas issued under section 
                203(b) during the previous fiscal year.
            ``(3) Unused visa numbers from fiscal years 1992 through 
        2020.--The number computed under this paragraph is the 
        difference, if any, between--
                    ``(A) the difference, if any, between--
                            ``(i) the sum of the worldwide levels of 
                        family-sponsored immigrant visas established 
                        for fiscal years 1992 through 2020; and
                            ``(ii) the number of visas issued under 
                        section 203(a) during such fiscal years; and
                    ``(B) the number of visas resulting from the 
                calculation under subparagraph (A) that were issued 
                after fiscal year 2020 under section 203(a).''.
    (b) Worldwide Level of Employment-Based Immigrants.--Section 201(d) 
of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to 
read as follows:
    ``(d) Worldwide Level of Employment-Based Immigrants.--
            ``(1) In general.--The worldwide level of employment-based 
        immigrants under this subsection for a fiscal year is equal to 
        the sum of--
                    ``(A) 170,000;
                    ``(B) the number computed under paragraph (2); and
                    ``(C) the number computed under paragraph (3).
            ``(2) Unused visa numbers from previous fiscal year.--The 
        number computed under this paragraph for a fiscal year is the 
        difference, if any, between--
                    ``(A) the worldwide level of family-sponsored 
                immigrant visas established for the previous fiscal 
                year; and
                    ``(B) the number of visas issued under section 
                203(a) during the previous fiscal year.
            ``(3) Unused visa numbers from fiscal years 1992 through 
        2020.--The number computed under this paragraph is the 
        difference, if any, between--
                    ``(A) the difference, if any, between--
                            ``(i) the sum of the worldwide levels of 
                        employment-based immigrant visas established 
                        for each of fiscal years 1992 through 2020; and
                            ``(ii) the number of visas issued under 
                        section 203(b) during such fiscal years; and
                    ``(B) the number of visas resulting from the 
                calculation under subparagraph (A) that were issued 
                after fiscal year 2020 under section 203(b).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to each fiscal year beginning with fiscal year 2022.

SEC. 3102. RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF LAWFUL 
              PERMANENT RESIDENTS AS IMMEDIATE RELATIVES.

    (a) In General.--Section 201(b)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(2)) is amended to read as follows:
            ``(2) Immediate relatives.--
                    ``(A) In general.--
                            ``(i) Immediate relative defined.--In this 
                        Act, the term `immediate relative' includes--
                                    ``(I) a child, spouse, and parent 
                                of a citizen of the United States, 
                                except that, in the case of parents, 
                                such citizen of the United States shall 
                                be at least 21 years of age;
                                    ``(II) a child or spouse of a 
                                lawful permanent resident; and
                                    ``(III) for each family member of a 
                                citizen of the United States or lawful 
                                permanent resident described in 
                                subclauses (I) and (II), the family 
                                member's spouse or child who is 
                                accompanying or following to join the 
                                family member.
                            ``(ii) Previously issued visa.--A 
                        noncitizen admitted under section 211(a) on the 
                        basis of a prior issuance of a visa under 
                        section 203(a) to his or her immediate relative 
                        accompanying parent is an immediate relative.
                            ``(iii) Parents and children.--A noncitizen 
                        who was the child or parent of a citizen of the 
                        United States or a child of a lawful permanent 
                        resident on the date of the death of the United 
                        States citizen or lawful permanent resident is 
                        an immediate relative if the noncitizen files a 
                        petition under section 204(a)(1)(A)(ii) not 
                        later than 2 years after such date or before 
                        attaining 21 years of age.
                            ``(iv) Spouses.--A noncitizen who was the 
                        spouse of a citizen of the United States or 
                        lawful permanent resident for not less than 2 
                        years on the date of death of the United States 
                        citizen or lawful permanent resident (or, if 
                        married for less than 2 years on such date, 
                        proves by a preponderance of the evidence that 
                        the marriage was entered into in good faith and 
                        not solely for the purpose of obtaining an 
                        immigration benefit and the noncitizen was not 
                        legally separated from the citizen of the 
                        United States or lawful permanent resident on 
                        such date) and each child of such noncitizen 
                        shall be considered, for purposes of this 
                        subsection, an immediate relative after such 
                        date if the spouse files a petition under 
                        section 204(a)(1)(A)(ii) before the date on 
                        which the spouse remarries.
                            ``(v) Special rule.--For purposes of this 
                        subparagraph, a noncitizen who has filed a 
                        petition under clause (iii) or (iv) of section 
                        204(a)(1)(A) remains an immediate relative if 
                        the United States citizen or lawful permanent 
                        resident spouse or parent loses United States 
                        citizenship or lawful permanent residence on 
                        account of the abuse.
                    ``(B) Birth during temporary visit abroad.--A 
                noncitizen born to a lawful permanent resident during a 
                temporary visit abroad is an immediate relative.''.
    (b) Allocation of Immigrant Visas.--Section 203(a) of the 
Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended--
            (1) in paragraph (1), by striking ``23,400'' and inserting 
        ``26.5 percent of such worldwide level'';
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Unmarried sons and unmarried daughters of lawful 
        permanent residents.--Qualified immigrants who are the 
        unmarried sons or unmarried daughters (but are not the 
        children) of lawful permanent residents shall be allocated 
        visas in a number not to exceed 16.8 percent of such worldwide 
        level, plus any visas not required for the class specified in 
        paragraph (1).'';
            (3) in paragraph (3), by striking ``23,400'' and inserting 
        ``16.8 percent of such worldwide level''; and
            (4) in paragraph (4), by striking ``65,000'' and inserting 
        ``39.9 percent of such worldwide level''.
    (c) Conforming Amendments.--
            (1) Rules for determining whether certain noncitizens are 
        immediate relatives.--Section 201(f) of the Immigration and 
        Nationality Act (8 U.S.C. 1151(f)) is amended--
                    (A) in paragraph (1), by striking ``paragraphs (2) 
                and (3),'' and inserting ``paragraph (2),'';
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively; and
                    (D) in paragraph (3), as redesignated by 
                subparagraph (C), by striking ``through (3)'' and 
                inserting ``and (2)''.
            (2) Allocation of immigration visas.--Section 203(h) of the 
        Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``subsections (a)(2)(A) and 
                        (d)'' and inserting ``subsection (d)'';
                            (ii) in subparagraph (A), by striking 
                        ``becomes available for such noncitizen (or, in 
                        the case of subsection (d), the date on which 
                        an immigrant visa number became available for 
                        the noncitizen's parent),'' and inserting 
                        ``became available for the noncitizen's 
                        parent,''; and
                            (iii) in subparagraph (B), by striking 
                        ``applicable'';
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Petition described.--The petition described in this 
        paragraph is a petition filed under section 204 for 
        classification of a noncitizen's parent under subsection (a), 
        (b), or (c).''; and
                    (C) in paragraph (3), by striking ``subsections 
                (a)(2)(A) and (d)'' and inserting ``subsection (d)''.
            (3) Procedure for granting immigrant status.--Section 204 
        of the Immigration and Nationality Act (8 U.S.C. 1154) is 
        amended--
                    (A) in subsection (a)(1)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i), by inserting 
                                ``or lawful permanent resident'' after 
                                ``citizen of the United States'';
                                    (II) in clause (ii), by striking 
                                ``described in the second sentence of 
                                section 201(b)(2)(A)(i) also'' and 
                                inserting ``, noncitizen child, or 
                                noncitizen parent described in section 
                                201(b)(2)(A)'';
                                    (III) in clause (iii)--
                                            (aa) in subclause (I)(aa), 
                                        by inserting ``or lawful 
                                        permanent resident'' after 
                                        ``citizen''; and
                                            (bb) in subclause 
                                        (II)(aa)--

                                                    (AA) in subitems 
                                                (AA) and (BB), by 
                                                inserting ``or lawful 
                                                permanent resident;'' 
                                                after ``citizen of the 
                                                United States'' each 
                                                place it appears; and

                                                    (BB) in subitem 
                                                (CC), by inserting ``or 
                                                lawful permanent 
                                                resident'' after 
                                                ``United States 
                                                citizen'' each place it 
                                                appears and by 
                                                inserting ``or lawful 
                                                permanent resident'' 
                                                after ``citizenship'';

                                    (IV) in clause (iv)--
                                            (aa) by striking ``citizen 
                                        of the United States'' and 
                                        inserting ``United States 
                                        citizen or lawful permanent 
                                        resident parent'';
                                            (bb) by inserting ``or 
                                        lawful permanent resident'' 
                                        after ``United States 
                                        citizen'';
                                            (cc) by inserting ``or 
                                        lawful permanent resident'' 
                                        after ``citizenship'';
                                            (dd) by striking ``citizen 
                                        parent may'' and inserting 
                                        ``United States citizen or 
                                        lawful permanent resident 
                                        parent may'';
                                            (ee) by striking ``citizen 
                                        parent.'' and inserting 
                                        ``United States citizen or 
                                        lawful permanent resident 
                                        parent.''; and
                                            (ff) by striking 
                                        ``residence includes'' and 
                                        inserting ``residence with a 
                                        parent includes'';
                                    (V) in clause (v)(I), by inserting 
                                ``or lawful permanent resident'' after 
                                ``citizen'';
                                    (VI) in clause (vi)--
                                            (aa) by inserting ``or 
                                        lawful permanent resident 
                                        status'' after ``renunciation 
                                        of citizenship''; and
                                            (bb) by inserting ``or 
                                        lawful permanent resident'' 
                                        after ``abuser's citizenship''; 
                                        and
                                    (VII) in clause (viii)(I)--
                                            (aa) by striking ``citizen 
                                        of the United States'' and 
                                        inserting ``United States 
                                        citizen or lawful permanent 
                                        resident''; and
                                            (bb) by inserting ``or 
                                        lawful permanent resident'' 
                                        after ``the citizen'';
                            (ii) by striking subparagraph (B);
                            (iii) in subparagraph (C), by striking 
                        ``subparagraph (A)(iii), (A)(iv), (B)(ii), or 
                        (B)(iii)'' and inserting ``clause (iii) or (iv) 
                        of subparagraph (A)'';
                            (iv) in subparagraph (D)--
                                    (I) in clause (i)(I), by striking 
                                ``clause (iv) of section 204(a)(1)(A) 
                                or section 204(a)(1)(B)(iii)'' each 
                                place it appears and inserting 
                                ``subparagraph (A)(iv)'';
                                    (II) in clause (ii), by striking 
                                ``subparagraph (A)(iii), (A)(iv), 
                                (B)(ii) or (B)(iii)'' and inserting 
                                ``clause (iii) or (iv) of subparagraph 
                                (A)'';
                                    (III) in clause (iv), by striking 
                                ``subparagraph (A)(iii), (A)(iv), 
                                (B)(ii), or (B)(iii)'' and inserting 
                                ``clause (iii) or (iv) of subparagraph 
                                (A)''; and
                                    (IV) in clause (v), by striking 
                                ``or (B)(iii)'';
                            (v) in subparagraph (J)--
                                    (I) by striking ``or clause (ii) or 
                                (iii) of subparagraph (B)''; and
                                    (II) by striking ``subparagraphs 
                                (C) and (D)'' and inserting 
                                ``subparagraphs (B) and (C)''; and
                            (vi) by redesignating subparagraphs (C) 
                        through (L) as subparagraphs (B) through (K), 
                        respectively;
                    (B) in subsection (a), by striking paragraph (2);
                    (C) in subsection (h)--
                            (i) in the first sentence, by striking ``or 
                        a petition filed under subsection (a)(1)(B)(ii) 
                        pursuant to conditions described in subsection 
                        (a)(1)(A)(iii)(1)''; and
                            (ii) in the second sentence--
                                    (I) by striking ``section 
                                204(a)(1)(B)(ii) or 204(a)(1)(A)(iii)'' 
                                and inserting ``subsection 
                                (a)(1)(A)(iii)''; and
                                    (II) by striking ``section 
                                204(a)(1)(A) or in section 
                                204(a)(1)(B)(iii)'' and inserting 
                                ``subsection (a)(1)(A)'';
                    (D) in subsection (i)(1), by striking ``subsection 
                (a)(4)(D)'' and inserting ``subsection (a)(1)(D)'';
                    (E) in subsection (j), by striking ``subsection 
                (a)(1)(D)'' and inserting ``subsection (a)(1)(E)''; and
                    (F) in subsection l(1)--
                            (i) by striking ``who resided in the United 
                        States at the time of the death of the 
                        qualifying relative and who continues to reside 
                        in the United States''; and
                            (ii) by striking ``any related 
                        applications,'' and inserting ``any related 
                        applications (including affidavits of 
                        support),''.
            (4) Additional conforming amendments.--
                    (A) Section 101(a) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)) is amended--
                            (i) in paragraph (50), by striking ``, 
                        204(a)(1)(B)(ii)(II)(aa)(BB),''; and
                            (ii) in paragraph (51)--
                                    (I) by striking subparagraph (B); 
                                and
                                    (II) by redesignating subparagraphs 
                                (C) through (G) as subparagraphs (B) 
                                through (F), respectively.
                    (B) Section 212(a)(4)(C)(i) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(a)(4)(C)(i)) is 
                amended--
                            (i) by striking subclause (II); and
                            (ii) by redesignating subclause (III) as 
                        subclause (II).
                    (C) Section 240(c)(7)(C)(iv)(I) of the Immigration 
                and Nationality Act (8 U.S.C. 1229a(c)(7)(C)(iv)(I)) is 
                amended by striking ``, clause (ii) or (iii) of section 
                204(a)(1)(B),''.

SEC. 3103. ADJUSTMENT OF FAMILY-SPONSORED PER-COUNTRY LIMITS.

    Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 
1152(a)) is amended--
            (1) in paragraph (2), by striking ``7 percent (in the case 
        of a single foreign state) or 2 percent'' and inserting ``20 
        percent (in the case of a single foreign state) or 5 percent''; 
        and
            (2) by amending paragraph (4) to read as follows:
            ``(4) Limiting pass down for certain countries subject to 
        subsection (e).--In the case of a foreign state or dependent 
        area to which subsection (e) applies, if the total number of 
        visas issued under section 203(a)(2) exceeds the maximum number 
        of visas that may be made available to immigrants of the state 
        or area under section 203(a)(2) consistent with subsection (e) 
        (determined without regard to this paragraph), in applying 
        paragraphs (3) and (4) of section 203(a) under subsection 
        (e)(2) all visas shall be deemed to have been required for the 
        classes specified in paragraphs (1) and (2) of such section.''.

SEC. 3104. PROMOTING FAMILY UNITY.

    (a) Repeal of 3-Year, 10-Year, and Permanent Bars.--Section 
212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)) 
is amended to read as follows:
            ``(9) Noncitizens previously removed.--
                    ``(A) Arriving noncitizen.--Any noncitizen who has 
                been ordered removed under section 235(b)(1) or at the 
                end of proceedings under section 240 initiated upon the 
                noncitizen's arrival in the United States and who again 
                seeks admission within 5 years of the date of such 
                removal (or within 20 years in the case of a second or 
                subsequent removal or at any time in the case of a 
                noncitizen convicted of an aggravated felony) is 
                inadmissible.
                    ``(B) Other noncitizens.--Any noncitizen not 
                described in subparagraph (A) who seeks admission 
                within 10 years of the date of such noncitizen's 
                departure or removal (or within 20 years of such date 
                in the case of a second or subsequent removal or at any 
                time in the case of a noncitizen convicted of an 
                aggravated felony) is inadmissible if the noncitizen--
                            ``(i) has been ordered removed under 
                        section 240 or any other provision of law; or
                            ``(ii) departed the United States while an 
                        order of removal was outstanding.
                    ``(C) Exception.--Subparagraphs (A) and (B) shall 
                not apply to a noncitizen seeking admission within a 
                period if, prior to the date of the noncitizen's 
                reembarkation at a place outside the United States or 
                attempt to be admitted from foreign contiguous 
                territory, the Secretary of Homeland Security has 
                consented to the noncitizen's reapplying for 
                admission.''.
    (b) Misrepresentation of Citizenship.--The Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
            (1) in section 212(a)(6)(C) (8 U.S.C. 1182(a)(6)(C)), by 
        amending clause (ii) to read as follows:
                            ``(ii) Misrepresentation of citizenship.--
                                    ``(I) In general.--Any noncitizen 
                                who willfully misrepresents, or has 
                                willfully misrepresented, himself or 
                                herself to be a citizen of the United 
                                States for any purpose or benefit under 
                                this Act (including section 274A) or 
                                any Federal or State law is 
                                inadmissible.
                                    ``(II) Exception.--In the case of a 
                                noncitizen who was under the age of 21 
                                years at the time of making a 
                                misrepresentation described in 
                                subclause (I), the noncitizen shall not 
                                be considered to be inadmissible under 
                                any provision of this subsection based 
                                on such misrepresentation.''; and
            (2) in section 237(a)(3) (8 U.S.C. 1227(a)(3)), by amending 
        subparagraph (D) to read as follows:
                    ``(D) Misrepresentation of citizenship.--
                            ``(i) In general.--Any noncitizen who 
                        willfully misrepresents, or has willfully 
                        misrepresented, himself or herself to be a 
                        citizen of the United States for any purpose or 
                        benefit under this Act (including section 274A) 
                        or any Federal or State law is deportable.
                            ``(ii) Exception.--In the case of a 
                        noncitizen who was under the age of 21 years at 
                        the time of making a misrepresentation 
                        described in clause (i), the noncitizen shall 
                        not be considered to be deportable under any 
                        provision of this subsection based on such 
                        misrepresentation.''.

SEC. 3105. RELIEF FOR ORPHANS, WIDOWS, AND WIDOWERS.

    (a) Processing of Immigrant Visas and Derivative Petitions.--
            (1) In general.--Section 204(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1154(b)) is amended--
                    (A) by striking ``(b) After an investigation'' and 
                inserting the following:
    ``(b) Approval of Petition.--
            ``(1) In general.--After an investigation''; and
                    (B) by adding at the end the following:
            ``(2) Death of qualifying relative.--
                    ``(A) In general.--A noncitizen described in 
                subparagraph (C) the qualifying relative of whom dies 
                before the completion of immigrant visa processing may 
                have an immigrant visa application adjudicated as if 
                such death had not occurred.
                    ``(B) Continued validity of visa.--An immigrant 
                visa issued to a noncitizen before the death of his or 
                her qualifying relative shall remain valid after such 
                death.
                    ``(C) Noncitizen described.--A noncitizen described 
                in this subparagraph is a noncitizen who, at the time 
                of the death of his or her qualifying relative, was--
                            ``(i) an immediate relative (as described 
                        in section 201(b)(2)(A));
                            ``(ii) a family-sponsored immigrant (as 
                        described in subsection (a) or (d) of section 
                        203);
                            ``(iii) a derivative beneficiary of an 
                        employment-based immigrant under section 203(b) 
                        (as described in section 203(d)); or
                            ``(iv) the spouse or child of a refugee (as 
                        described in section 207(c)(2)) or an asylee 
                        (as described in section 208(b)(3)).''.
            (2) Transition period.--
                    (A) In general.--Notwithstanding a denial or 
                revocation of an application for an immigrant visa for 
                a noncitizen the qualifying relative of whom dies 
                before the date of the enactment of this Act, such 
                application may be renewed by the noncitizen by a 
                motion to reopen, without fee.
                    (B) Inapplicability of bars to entry.--
                Notwithstanding section 212(a)(9) of the Immigration 
                and Nationality Act (8 U.S.C. 1182(a)(9)), the 
                application for an immigrant visa of a noncitizen the 
                qualifying relative of whom died before the date of the 
                enactment of this Act shall be considered if the 
                noncitizen was excluded, deported, removed, or departed 
                voluntarily before the date of the enactment of this 
                Act.
    (b) Eligibility for Parole.--If a noncitizen described in section 
204(l) of the Immigration and Nationality Act (8 U.S.C. 1154(l)), was 
excluded, deported, removed, or departed voluntarily before the date of 
the enactment of this Act--
            (1) such noncitizen shall be eligible for parole into the 
        United States pursuant to the Secretary's discretionary 
        authority under section 212(d)(5) of such Act (8 U.S.C. 
        1182(d)(5)); and
            (2) such noncitizen's application for adjustment of status 
        shall be considered notwithstanding section 212(a)(9) of such 
        Act (8 U.S.C. 1182(a)(9)).
    (c) Naturalization.--Section 319(a) of the Immigration and 
Nationality Act (8 U.S.C. 1430(a)) is amended by inserting ``(or, if 
the spouse is deceased, the spouse was a citizen of the United 
States)'' after ``citizen of the United States''.
    (d) Family-Sponsored Immigrants.--Section 212(a)(4)(C)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(4)(C)(i)), as amended 
by section 3102, is further amended--
            (1) in subclause (I), by striking ``, or'' and inserting a 
        semicolon; and
            (2) by adding at the end the following:
                                    ``(III) status as a surviving 
                                relative under section 204(l); or''.

SEC. 3106. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR CERTAIN VETERANS WHO 
              ARE NATIVES OF THE PHILIPPINES.

    (a) Short Title.--This section may be cited as the ``Filipino 
Veterans Family Reunification Act''.
    (b) Noncitizens Not Subject to Direct Numerical Limitations.--
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 
1151(b)(1)) is amended by adding at the end the following:
            ``(F) Noncitizens who are eligible for an immigrant visa 
        under paragraph (1) or (3) of section 203(a) and who have a 
        parent who was naturalized pursuant to section 405 of the 
        Immigration Act of 1990 (8 U.S.C. 1440 note).''.

SEC. 3107. FIANCEE OR FIANCE CHILD STATUS PROTECTION.

    (a) In General.--Section 101(a)(15)(K) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(K)) is amended--
            (1) in clause (ii), by striking ``section 201(b)(2)(A)(i)'' 
        and inserting ``section 201(b)(2)(A)(i)(I)''; and
            (2) by amending clause (iii) to read as follows:
                            ``(iii) is the minor child of a noncitizen 
                        described in clause (i) or (ii) and is 
                        accompanying or following to join the 
                        noncitizen, the age of such child to be 
                        determined as of the date on which the petition 
                        is submitted to the Secretary of Homeland 
                        Security to classify the noncitizen's parent as 
                        the fiancee or fiance of a United States 
                        citizen (in the case of a noncitizen parent 
                        described in clause (i)) or as the spouse of a 
                        United States citizen under section 
                        201(b)(2)(A)(i)(I) (in the case of a noncitizen 
                        parent described in clause (ii));''.
    (b) Adjustment of Status Authorized.--Section 214(d) of the 
Immigration and Nationality Act (8 U.S.C. 1184(d)) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively;
            (2) in paragraph (1)--
                    (A) in the third sentence--
                            (i) by striking ``paragraph (3)(B)'' and 
                        inserting ``paragraph (4)(B)''; and
                            (ii) by striking ``paragraph (3)(B)(i)'' 
                        and inserting ``paragraph (4)(B)(i)''; and
                    (B) by striking the last sentence; and
            (3) by inserting after paragraph (1) the following:
    ``(2)(A) If a noncitizen does not marry the petitioner under 
paragraph (1) within 90 days after the noncitizen and the noncitizen's 
minor children are admitted into the United States, such noncitizen and 
children shall be required to depart from the United States. If such 
noncitizens fail to depart from the United States, they shall be 
removed in accordance with sections 240 and 241.
    ``(B) Subject to subparagraphs (C) and (D), if a noncitizen marries 
the petitioner described in section 101(a)(15)(K)(i) within 90 days 
after the noncitizen and the noncitizen's minor children are admitted 
into the United States, the Secretary of Homeland Security or the 
Attorney General, subject to the provisions of section 245(d), may 
adjust the status of the noncitizen, and any minor children 
accompanying or following to join the noncitizen, to that of a lawful 
permanent resident on a conditional basis under section 216 if the 
noncitizen and any such minor children apply for such adjustment and 
are not determined to be inadmissible to the United States.
    ``(C) Paragraphs (5) and (7)(A) of section 212(a) shall not apply 
to a noncitizen who is eligible to apply for adjustment of status to 
that of a lawful permanent resident under this section.
    ``(D) A noncitizen eligible for a waiver of inadmissibility as 
otherwise authorized under this Act shall be permitted to apply for 
adjustment of status to that of a lawful permanent resident under this 
section.''.
    (c) Age Determination.--Section 245(d) of the Immigration and 
Nationality Act (8 U.S.C. 1255(d)) is amended--
            (1) by inserting ``(1)'' before ``The Attorney General''; 
        and
            (2) by adding at the end the following:
    ``(2) A determination of the age of a noncitizen admitted to the 
United States under section 101(a)(15)(K)(iii) shall be made, for 
purposes of adjustment of status to lawful permanent resident on a 
conditional basis under section 216, using the age of the noncitizen on 
the date on which the petition is submitted to the Secretary of 
Homeland Security to classify the noncitizen's parent as the fiancee or 
fiance of a United States citizen (in the case of a noncitizen parent 
admitted to the United States under section 101(a)(15)(K)(i)) or as the 
spouse of a United States citizen under section 201(b)(2)(A)(i)(I) (in 
the case of a noncitizen parent admitted to the United States under 
section 101(a)(15)(K)(ii)).''.
    (d) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        be effective as if included in the Immigration Marriage Fraud 
        Amendments of 1986 (Public Law 99-639; 100 Stat. 3537).
            (2) Applicability.--The amendments made by this section 
        shall apply to all petitions or applications described in such 
        amendments that--
                    (A) are pending as of the date of the enactment of 
                this Act; or
                    (B) have been denied, but would have been approved 
                if such amendments had been in effect at the time of 
                adjudication of the petition or application.
            (3) Motion to reopen or reconsider.--A motion to reopen or 
        reconsider a petition or an application described in paragraph 
        (2)(B) shall be granted if such motion is submitted to the 
        Secretary or the Attorney General not later than 2 years after 
        the date of the enactment of this Act.

SEC. 3108. RETENTION OF PRIORITY DATES.

    Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) 
is amended--
            (1) in subsection (h), by amending paragraph (3) to read as 
        follows:
            ``(3) Retention of priority date.--If the age of a 
        noncitizen is determined under paragraph (1) to be 21 years or 
        older for purposes of subsection (d), and a parent of the 
        noncitizen files a family-based petition for such noncitizen, 
        the priority date for such petition shall be the original 
        priority date issued upon receipt of the original family-based 
        or employment-based petition for which either parent was a 
        beneficiary.''; and
            (2) by adding at the end the following:
    ``(i) Permanent Priority Dates.--
            ``(1) In general.--The priority date for any family-based 
        or employment-based petition shall be the date of filing of the 
        petition with the Secretary of Homeland Security (or the 
        Secretary of State, if applicable), unless the filing of the 
        petition was preceded by the filing of a labor certification 
        with the Secretary of Labor, in which case that date shall 
        constitute the priority date.
            ``(2) Retention of earliest priority date.--The beneficiary 
        of any petition shall retain his or her earliest priority date 
        based on any petition filed on his or her behalf that was 
        approvable on the date on which it was filed, regardless of the 
        category of subsequent petitions.''.

SEC. 3109. INCLUSION OF PERMANENT PARTNERS.

    (a) Immigration and Nationality Act.--Section 101(a) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)), as amended by 
section 1102, is further amended by adding at the end:
    ``(55) Permanent Partner.--
            ``(A) The term `permanent partner' means an individual 18 
        years of age or older who--
                    ``(i) is in a committed, intimate relationship with 
                another individual 18 years of age or older in which 
                both parties intend a lifelong commitment;
                    ``(ii) is financially interdependent with such 
                other individual, except that the Secretary of Homeland 
                Security or the Secretary of State shall have the 
                discretion to waive this requirement on a case-by-case 
                basis for good cause;
                    ``(iii) is not married to or in a permanent 
                partnership with anyone other than such other 
                individual;
                    ``(iv) is unable, in the jurisdiction of his or her 
                domicile or the domicile of such other individual, to 
                contract with such other individual a marriage 
                cognizable under this Act; and
                    ``(v) is not a first-degree, second-degree, or 
                third-degree blood relation of such other individual.
            ``(B) Any reference to `spouse', `husband', or `wife', or 
        to the plurals of such terms, shall be equally applicable to a 
        permanent partner.
            ``(C) Any reference to `marriage', `marital union', 
        `married', `unmarried', `wedlock', or any similar term shall be 
        equally applicable to the union of permanent partners.''.
    (b) Other Immigration Legislation.--The definition of permanent 
partner under section 101(a)(55) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(55)), as added by subsection (a), and the meanings of 
the references described in that section shall apply to--
            (1) the LIFE Act (division B of the Miscellaneous 
        Appropriations Act, 2001, as enacted into law by section 
        1(a)(4) of Public Law 106-554);
            (2) the Cuban Adjustment Act (8 U.S.C. 1255 note); and
            (3) the Violence Against Women Act of 2000 (division B of 
        Public Law 106-386; 114 Stat. 1491).
    (c)  Inapplicability of Ceremony Requirement.--Paragraph (35) of 
section 101(a) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)) is amended by striking ``The term'' and inserting ``Subject to 
paragraph (55), the term''.

SEC. 3110. DEFINITION OF CHILD.

    (a) Titles I and II.--Section 101(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1101(b)(1)) is amended--
            (1) in subparagraph (B), by striking ``, provided the child 
        had not reached the age of 18 years at the time the marriage 
        creating the status of stepchild occurred''; and
            (2) by adding at the end the following:
                    ``(H)(i) a biological child of a noncitizen 
                permanent partner if the child was under the age of 18 
                years on the date on which the permanent partnership 
                was formed; or
                    ``(ii) a child adopted by a noncitizen permanent 
                partner while under the age of 16 years if the child--
                            ``(I) has been in the legal custody of, and 
                        has resided with, such adoptive parent for at 
                        least 2 years; and
                            ``(II) was under the age of 18 years at the 
                        time the permanent partnership was formed.''.
    (b) Title III.--Section 101(c) of the Immigration and Nationality 
Act (8 U.S.C. 1101(c)) is amended--
            (1) in paragraph (1), by inserting ``and an individual 
        described in subsection (b)(1)(H)'' after ``The term `child' 
        means an unmarried person under twenty-one years of age''; and
            (2) in paragraph (2), by inserting ``and the deceased 
        permanent partner of a deceased parent, father, or mother,'' 
        after ``deceased parent, father, and mother''.

SEC. 3111. TERMINATION OF CONDITIONAL PERMANENT RESIDENT STATUS FOR 
              CERTAIN NONCITIZEN PERMANENT PARTNERS AND SONS AND 
              DAUGHTERS UPON FINDING QUALIFYING PERMANENT PARTNERSHIP 
              IMPROPER.

    Section 216 of the Immigration and Nationality Act (8 U.S.C. 1186a) 
is amended--
            (1) in subsection (b)(1)(A)(ii), by inserting ``or has 
        ceased to satisfy the criteria for being considered a permanent 
        partnership under this Act,'' after ``terminated,'';
            (2) in subsection (c)(4)(B), by striking ``terminated 
        (other than through the death of the spouse)'' and inserting 
        ``terminated, or has ceased to satisfy the criteria for being 
        considered a permanent partnership under this Act, other than 
        through the death of the spouse,''; and
            (3) in subsection (d)(1)(A)(i)(II), by inserting ``or has 
        not ceased to satisfy the criteria for being considered a 
        permanent partnership under this Act,'' after ``terminated,''.

SEC. 3112. NATIONALITY AT BIRTH.

    Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) 
is amended by adding at the end the following:
    ``(i) Any reference to `a person born of parents' in this section 
shall include--
            ``(1) any legally recognized parent-child relationship 
        formed within the first year of a person's life regardless of 
        any genetic or gestational relationship;
            ``(2) either parent of a child born through assisted 
        reproductive technology who is legally recognized as a parent 
        in the relevant jurisdiction regardless of any genetic or 
        gestational relationship; and
            ``(3) the spouse of a parent at the time of birth, in any 
        case in which--
                    ``(A) at least 1 parent is a legally recognized 
                parent; and
                    ``(B) the marriage occurred before the child's 
                birth and is recognized in the United States, 
                regardless of where the parents reside.''.

 Subtitle B--National Origin-Based Antidiscrimination for Nonimmigrants

SEC. 3201. EXPANSION OF NONDISCRIMINATION PROVISION.

    Section 202(a)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1152(a)(1)(A)) is amended--
            (1) by inserting ``or a nonimmigrant visa, admission or 
        other entry into the United States, or the approval or 
        revocation of any immigration benefit'' after ``immigrant 
        visa'';
            (2) by inserting ``religion,'' after ``sex,''; and
            (3) by inserting ``, except if expressly required by 
        statute, or if a statutorily authorized benefit takes into 
        consideration such factors'' before the period at the end.

SEC. 3202. TRANSFER AND LIMITATIONS ON AUTHORITY TO SUSPEND OR RESTRICT 
              THE ENTRY OF A CLASS OF NONCITIZENS.

    Section 212(f) of the Immigration and Nationality Act (8 U.S.C. 
1182(f)) is amended to read as follows:
    ``(f) Authority To Suspend or Restrict the Entry of a Class of 
Noncitizens.--
            ``(1) In general.--Subject to paragraph (2), if the 
        Secretary of State, in consultation with the Secretary of 
        Homeland Security, determines, based on specific and credible 
        facts, that the entry of any noncitizens or any class of 
        noncitizens into the United States would undermine the security 
        or public safety of the United States, or the preservation of 
        human rights, democratic processes or institutions, or 
        international stability, the President may temporarily--
                    ``(A) suspend the entry of such noncitizens or 
                class of noncitizens as immigrants or nonimmigrants; or
                    ``(B) impose any restriction on the entry of such 
                noncitizens that the President considers appropriate.
            ``(2) Limitations.--In carrying out paragraph (1), the 
        President, the Secretary of State, and the Secretary of 
        Homeland Security shall--
                    ``(A) issue a suspension or restriction only to the 
                extent required to address specific acts implicating a 
                compelling government interest in a factor identified 
                in paragraph (1);
                    ``(B) narrowly tailor the suspension or 
                restriction, using the least restrictive means, to 
                achieve such compelling government interest;
                    ``(C) specify the duration of the suspension or 
                restriction and set forth evidence justifying such 
                duration;
                    ``(D) consider waivers to any class-based 
                restriction or suspension and apply a rebuttable 
                presumption in favor of granting family-based and 
                humanitarian waivers; and
                    ``(E) comply with all provisions of this Act, 
                including section 202(a)(1)(A).
            ``(3) Congressional notification.--
                    ``(A) In general.--Prior to the President 
                exercising the authority under paragraph (1), the 
                Secretary of State and the Secretary of Homeland 
                Security shall consult Congress and provide Congress 
                with specific evidence supporting the need for the 
                suspension or restriction and its proposed duration.
                    ``(B) Briefing and report.--Not later than 48 hours 
                after the President exercises the authority under 
                paragraph (1), the Secretary of State and the Secretary 
                of Homeland Security shall provide a briefing and 
                submit a written report to the appropriate committees 
                of Congress that describes--
                            ``(i) the action taken pursuant to 
                        paragraph (1) and the specified objective of 
                        such action; and
                            ``(ii) the estimated number of individuals 
                        who will be impacted by such action;
                                    ``(I) the constitutional and 
                                legislative authority under which such 
                                action took place; and
                                    ``(II) the circumstances 
                                necessitating such action, including 
                                how such action complies with paragraph 
                                (2) and any intelligence informing such 
                                action.
                    ``(C) Termination.--If the briefing and report 
                described in subparagraph (B) are not provided to the 
                appropriate committees of Congress during the 48-hour 
                period after the President exercises the authority 
                under paragraph (1), the suspension or restriction 
                shall immediately terminate absent intervening 
                congressional action.
                    ``(D) Publication.--The Secretary of State and the 
                Secretary of Homeland Security shall publicly announce 
                and publish an unclassified version of the report 
                described in subparagraph (B) in the Federal Register.
            ``(4) Judicial review.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, an individual or entity who is 
                present in the United States and has been harmed by a 
                violation of this subsection may file an action in an 
                appropriate district court of the United States to seek 
                declaratory or injunctive relief.
                    ``(B) Class action.--Nothing in this Act may be 
                construed to preclude an action filed pursuant to 
                subparagraph (A) from proceeding as a class action.
            ``(5) Treatment of commercial airlines.--If the Secretary 
        of Homeland Security finds that a commercial airline has failed 
        to comply with regulations of the Secretary relating to 
        requirements of airlines for the detection of fraudulent 
        documents used by passengers traveling to the United States 
        (including the training of personnel in such detection), the 
        Secretary may suspend the entry of some or all noncitizens 
        transported to the United States by such airline.
            ``(6) Reporting requirements.--
                    ``(A) In general.--Not later than 30 days after the 
                date on which the President exercises the authority 
                under this subsection, and every 30 days thereafter 
                until the conclusion of such an exercise of authority, 
                the Secretary of State, in coordination with the 
                Secretary of Homeland Security and the heads of other 
                relevant Federal agencies, shall submit to the 
                appropriate committees of Congress a report that 
                includes the following:
                            ``(i) For each country affected by such a 
                        suspension or restriction--
                                    ``(I) the total number of 
                                individuals who applied for a visa, 
                                disaggregated by visa category;
                                    ``(II) the total number of such 
                                visa applicants who were approved, 
                                disaggregated by visa category;
                                    ``(III) the total number of such 
                                visa applicants who were refused, 
                                disaggregated by visa category, and the 
                                reasons they were refused;
                                    ``(IV) the total number of such 
                                visa applicants whose applications 
                                remain pending, disaggregated by visa 
                                category;
                                    ``(V) the total number of such visa 
                                applicants who were granted a waiver, 
                                disaggregated by visa category;
                                    ``(VI) the total number of such 
                                visa applicants who were denied a 
                                waiver, disaggregated by visa category, 
                                and the reasons such waiver requests 
                                were denied; and
                                    ``(VII) the total number of 
                                refugees admitted.
                            ``(ii) Specific evidence supporting the 
                        need for the continued exercise of presidential 
                        authority under this subsection, including the 
                        information described in paragraph (3)(B).
                    ``(B) Effect of noncompliance.--If a report 
                required by subparagraph (A) is not timely submitted, 
                the suspension or restriction shall immediately 
                terminate absent intervening congressional action.
                    ``(C) Final report.--Not later than 30 days after 
                the conclusion of a suspension or restriction under 
                this subsection, the Secretary of State, in 
                coordination with the Secretary of Homeland Security 
                and the heads of other relevant Federal agencies, shall 
                submit to the appropriate committees of Congress a 
                report that includes, for the entire period of the 
                suspension or restriction, the information described 
                clauses (i) and (ii) of subparagraph (A).
                    ``(D) Form; availability.--Each report required by 
                this paragraph shall be made publicly available on an 
                internet website in unclassified form.
            ``(7) Rule of construction.--Nothing in this subsection may 
        be construed to authorize the President, the Secretary of 
        State, or the Secretary of Homeland Security to act in a manner 
        inconsistent with the policy decisions expressed in the 
        immigration laws.
            ``(8) Appropriate committees of congress defined.--In this 
        subsection, the term `appropriate committees of Congress' 
        means--
                    ``(A) the Select Committee on Intelligence, the 
                Committee on Foreign Relations, the Committee on the 
                Judiciary, and the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    ``(B) the Permanent Select Committee on 
                Intelligence, the Committee on Foreign Affairs, the 
                Committee on the Judiciary, and the Committee on 
                Homeland Security of the House of Representatives.''.

                    Subtitle C--Diversity Immigrants

SEC. 3301. INCREASING DIVERSITY VISAS.

    Section 201(e) of the Immigration and Nationality Act (8 U.S.C. 
1151(e)) is amended by striking ``55,000'' and inserting ``80,000''.

           Subtitle D--Reforming Employment-Based Immigration

SEC. 3401. DOCTORAL STEM GRADUATES FROM ACCREDITED UNITED STATES 
              UNIVERSITIES.

    (a) In General.--Section 201(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(1)), as amended by section 3106, is 
further amended by adding at the end the following:
            ``(G) Noncitizens who have earned a doctoral degree in a 
        field of science, technology, engineering, or mathematics from 
        an accredited United States institution of higher education.''.
    (b) Definitions.--Section 204 of the Immigration and Nationality 
Act (8 U.S.C. 1154) is amended by adding at the end the following:
    ``(m) Doctoral STEM Graduates From Accredited United States 
Universities.--For purposes of section 201(b)(1)--
            ``(1) the term `field of science, technology, engineering, 
        or mathematics'--
                    ``(A) means a field included in the Department of 
                Education's Classification of Instructional Programs 
                taxonomy within the summary groups of computer and 
                information sciences and support services, engineering, 
                mathematics and statistics, physical sciences, and the 
                summary group subsets of accounting and related 
                services and taxation; and
                    ``(B) may include, at the discretion of the 
                Secretary of Homeland Security, other fields not 
                specifically referred to in subparagraph (A) if the 
                accredited United States institution of higher 
                education verifies that the core curriculum for the 
                specific field is primarily based in science, 
                technology, engineering, or mathematics; and
            ``(2) the term `accredited United States institution of 
        higher education' means an institution that--
                    ``(A)(i) is described in section 101(a) of the 
                Higher Education Act of 1965 (20 U.S.C. 1001(a)); or
                    ``(ii) is a proprietary institution of higher 
                education (as defined in section 102(b) of such Act (20 
                U.S.C. 1002(b))); and
                    ``(B) is accredited by an accrediting body that is 
                itself accredited by--
                            ``(i) the Department of Education; or
                            ``(ii) the Council for Higher Education 
                        Accreditation.''.

SEC. 3402. ADDRESSING VISA BACKLOGS.

    (a) Noncitizens Not Subject to Direct Numerical Limitations.--
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 
1151(b)), as amended by section 3106 and 3401, is further amended by 
adding at the end the following:
            ``(H) Noncitizens who are beneficiaries (including 
        derivative beneficiaries) of an approved immigrant petition 
        bearing a priority date that is more than 10 years before the 
        noncitizen's application for admission as an immigrant or for 
        adjustment of status.
            ``(I) Noncitizens described in section 203(d).''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date which is 60 days after the date of the enactment of 
this Act.

SEC. 3403. ELIMINATING EMPLOYMENT-BASED PER COUNTRY LEVELS.

    (a) In General.--Section 202(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1152(a)(2)), as amended by section 3103(a), 
is further amended--
            (1) in the paragraph heading, by striking ``and employment-
        based'';
            (2) by striking ``(3), (4), and (5),'' and inserting ``(3) 
        and (4),'';
            (3) by striking ``subsections (a) and (b) of section 203'' 
        and inserting ``section 203(a)''; and
            (4) by striking ``such subsections'' and inserting ``such 
        section''.
    (b) Conforming Amendments.--Section 202 of the Immigration and 
Nationality Act (8 U.S.C. 1152), as amended by sections 3103, 3201, and 
subsection (a), is further amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by striking ``both 
                subsections (a) and (b) of section 203'' and inserting 
                ``section 203(a)''; and
                    (B) by striking paragraph (5); and
            (2) by amending subsection (e) to read as follows:
    ``(e) Special Rules for Countries at Ceiling.--If the total number 
of immigrant visas made available under section 203(a) to natives of 
any single foreign state or dependent area is expected to exceed the 
numerical limitation specified in subsection (a)(2) in any fiscal year, 
immigrant visas to natives of that state or area under section 203(a) 
shall be allocated (to the extent practicable and otherwise consistent 
with this section and section 203) so that, except as provided in 
subsection (a)(4), the proportion of the visa numbers made available 
under each of paragraphs (1) through (4) of section 203(a) is equal to 
the ratio of the total number of visas made available under the 
respective paragraph to the total number of visas made available under 
section 203(a).''.
    (c) Country-Specific Offset.--Section 2 of the Chinese Student 
Protection Act of 1992 (8 U.S.C. 1255 note) is amended--
            (1) in subsection (a), by striking ``subsection (e)'' and 
        inserting ``subsection (d)'';
            (2) by striking subsection (d); and
            (3) by redesignating subsection (e) as subsection (d).
    (d) Effective Date.--The amendments made by this section shall 
apply to fiscal year 2022 and each subsequent fiscal year.

SEC. 3404. INCREASED IMMIGRANT VISAS FOR OTHER WORKERS.

    Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 
1153(b)) is amended--
            (1) in paragraph (1) by striking ``28.6'' and inserting 
        ``23.55'';
            (2) in paragraph (2)(A) by striking ``28.6'' and inserting 
        ``23.55'';
            (3) in paragraph (3)--
                    (A) in subparagraph (A), in the matter before 
                clause (i), by striking ``28.6'' and inserting 
                ``41.2''; and
                    (B) in subparagraph (B), by striking ``10,000'' and 
                inserting ``40,000'';
            (4) in paragraph (4), by striking ``7.1'' and inserting 
        ``5.85''; and
            (5) in paragraph (5)(A), in the matter before clause (i), 
        by striking ``7.1'' and inserting ``5.85''.

SEC. 3405. FLEXIBLE ADJUSTMENTS TO EMPLOYMENT-BASED IMMIGRANT VISA 
              PROGRAM.

    Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 
1153(b)), as amended by section 3404, is further amended by adding at 
the end the following:
            ``(7) Geographic and labor market adjustments.--The 
        Secretary of Homeland Security, in consultation with the 
        Secretary of Labor, may establish, by regulation, a procedure 
        for temporarily limiting the admission of immigrants described 
        in paragraphs (2) and (3) in geographic areas or labor market 
        sectors that are experiencing high levels of unemployment.''.

SEC. 3406. REGIONAL ECONOMIC DEVELOPMENT IMMIGRANT VISA PILOT PROGRAM.

    (a) Pilot Program for Regional Economic Development Visas.--
Notwithstanding the numerical limitations in the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.), the Secretary may establish a 
pilot program for the annual admission of not more than 10,000 
admissible immigrants whose employment is essential to the economic 
development strategies of the cities or counties in which they will 
live or work.
    (b) Labor Certification.--The requirements of section 212(a)(5) of 
the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) shall apply 
to the pilot program authorized under this section.
    (c) Duration.--The Secretary shall determine the duration of the 
pilot program authorized under this section, which may not exceed 5 
years.
    (d) Rulemaking.--The Secretary, in consultation with the Secretary 
of Labor, shall issue regulations to implement the pilot program 
authorized under this section.

SEC. 3407. WAGE-BASED CONSIDERATION OF TEMPORARY WORKERS.

    Section 212(p) is amended by adding at the end the following:
    ``(5) In determining the order in which visas shall be made 
available to nonimmigrants described in section 101(a)(15)(H)(i)(b), 
and to any other category of nonimmigrants deemed appropriate by the 
Secretary of Homeland Security, the Secretary of Homeland Security, in 
consultation with the Secretary of Labor, may issue regulations to 
establish procedures for prioritizing such visas based on the wages 
offered by employers.''.

SEC. 3408. CLARIFYING DUAL INTENT FOR POSTSECONDARY STUDENTS.

    (a) In General.--Section 101(a)(15)(F)(i) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) is amended by striking 
``an alien having a residence in a foreign country which he has no 
intention of abandoning, who is a bona fide student qualified to pursue 
a full course of study and who'' and inserting ``a noncitizen who is a 
bona fide student qualified to pursue a full course of study, who 
(except for a student qualified to pursue a full course of study at an 
institution of higher education) has a residence in a foreign country 
which the noncitizen has no intention of abandoning, and who''.
    (b) Conforming Amendments.--Section 214 of the Immigration and 
Nationality Act (8 U.S.C. 1184) is amended--
            (1) in subsection (b), by striking ``(other than a 
        nonimmigrant'' and inserting ``(other than a nonimmigrant 
        described in section 101(a)(15)(F) if the noncitizen is 
        qualified to pursue a full course of study at an institution of 
        higher education, other than a nonimmigrant''; and
            (2) in subsection (h), by inserting ``(F) (if the 
        noncitizen is qualified to pursue a full course of study at an 
        institution of higher education),'' before ``H(i)(b)''.

SEC. 3409. H-4 VISA REFORM.

    (a) Protecting Children With H-4 Visas Who Age Out of Status.--
            (1) In general.--Section 214(g)(4) of the Immigration and 
        Nationality Act (8 U.S.C. 1184(g)(4)) is amended to read as 
        follows:
            ``(4)(A) Except as provided in subparagraphs (B) and (C), 
        the period of authorized admission of a nonimmigrant described 
        in section 101(a)(15)(H)(i)(b) may not exceed 6 years.
            ``(B) The Secretary of Homeland Security may grant an 
        extension of nonimmigrant status under section 
        101(a)(15)(H)(i)(b) to a nonimmigrant until such nonimmigrant's 
        application for adjustment of status has been processed if such 
        nonimmigrant--
                    ``(i) is the beneficiary of a petition filed under 
                section 204(a) for a preference status under paragraph 
                (1), (2), or (3) of section 203(b); and
                    ``(ii) is eligible to be granted such status.
            ``(C) A child of a nonimmigrant described in subparagraph 
        (B) who accompanied or followed to join such nonimmigrant may 
        apply for and receive an extension of his or her nonimmigrant 
        status regardless of age, if--
                    ``(i) the nonimmigrant parent described in 
                subparagraph (B) maintains his or her nonimmigrant 
                status; and
                    ``(ii) the child was younger than 18 years of age 
                when he or she was first granted nonimmigrant status as 
                a noncitizen accompanying or following to join such 
                nonimmigrant parent.''.
            (2) Conforming amendment.--Section 203(h) of the 
        Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended 
        by adding at the end the following:
            ``(5) H-4 visa holders.--Notwithstanding paragraph (1), a 
        determination of whether a nonimmigrant described in section 
        214(g)(4)(C) satisfies the age requirement for purposes of a 
        derivative visa or adjustment of status application under 
        paragraph (1), (2), or (3) of section 203(b) shall be made 
        using the age of the nonimmigrant on the date on which the 
        petitioner files a petition on behalf of the parent beneficiary 
        with the Secretary of Homeland Security (or the Secretary of 
        State, if applicable), unless the filing of the petition was 
        preceded by the filing of a labor certification with the 
        Secretary of Labor, in which case that date shall be used to 
        identify the age of such nonimmigrant.''.
    (b) Work Authorization for H-4 Nonimmigrants.--Section 214 of the 
Immigration and Nationality Act (8 U.S.C. 1184), as amended by 
subsection (a)(1), is further amended by adding at the end the 
following:
    ``(s) Work Authorization for H-4 Nonimmigrants.--The Secretary of 
Homeland Security shall authorize a nonimmigrant spouse or child who is 
accompanying or following to join a nonimmigrant described in section 
101(a)(15)(H)(i)(b) to engage in employment in the United States and 
shall provide such nonimmigrant spouse or child with an `employment 
authorized' endorsement or other appropriate work permit.''.

SEC. 3410. EXTENSIONS RELATED TO PENDING PETITIONS.

    Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184), 
as amended by sections 1204(b), 3107(b), 3408(b), and 3409, is further 
amended by adding at the end the following:
    ``(t) Extension of Status in Cases of Lengthy Adjudications.--
            ``(1) Exemption from limitations.--Notwithstanding 
        subsections (c)(2)(D), (g)(4), and (m)(1)(B)(i), the authorized 
        stay of a noncitizen who was previously issued a visa or 
        otherwise provided nonimmigrant status under subparagraph (F), 
        (H)(i)(B), (L), or (O) of section 101(a)(15) may be extended 
        pursuant to paragraph (2) if 365 days or more have elapsed 
        since the filing of--
                    ``(A) an application for labor certification under 
                section 212(a)(5)(A) if certification is required or 
                used by a noncitizen to obtain status under section 
                203(b); or
                    ``(B) a petition described in section 204(b) to 
                obtain immigrant status under section 203(b).
            ``(2) Extension of status.--The Secretary of Homeland 
        Security shall extend the stay of a noncitizen who qualifies 
        for an extension under paragraph (1) in 1-year increments until 
        a final decision is made--
                    ``(A) to deny the application described in 
                paragraph (1)(A) or, in a case in which such 
                application is granted, to deny a petition described in 
                paragraph (1)(B) filed on behalf of the noncitizen 
                pursuant to such grant;
                    ``(B) to deny the petition described in paragraph 
                (1)(B); or
                    ``(C) to grant or deny the noncitizen's application 
                for an immigrant visa or adjustment of status to that 
                of a noncitizen lawfully admitted for permanent 
                residence.
            ``(3) Work authorization.--The Secretary of Homeland 
        Security shall authorize any noncitizen whose stay is extended 
        under this subsection to engage in employment in the United 
        States and provide such noncitizen with an `employment 
        authorized endorsement' or other appropriate work permit.''.

        Subtitle E--Promoting Immigrant and Refugee Integration

SEC. 3501. DEFINITION OF FOUNDATION.

    In this subtitle, the term ``Foundation'' means the United States 
Citizenship and Integration Foundation established under section 3502.

SEC. 3502. UNITED STATES CITIZENSHIP AND INTEGRATION FOUNDATION.

    (a) Establishment.--The Secretary, acting through the Director of 
U.S. Citizenship and Immigration Services, shall establish a nonprofit 
corporation or a not-for-profit, public benefit, or similar entity, 
which shall be known as the ``United States Citizenship and Integration 
Foundation''.
    (b) Gifts to Foundation.--To carry out the purposes set forth in 
subsection (c), the Foundation may--
            (1) solicit, accept, and make gifts of money and other 
        property in accordance with section 501(c)(3) of the Internal 
        Revenue Code of 1986;
            (2) engage in coordinated work with the Department of 
        Homeland Security, including U.S. Citizenship and Immigration 
        Services; and
            (3) accept, hold, administer, invest, and spend any gift, 
        devise, or bequest of real or personal property made to the 
        Foundation.
    (c) Purposes.--The purposes of the Foundation are--
            (1) to spur innovation in the promotion and expansion of 
        citizenship preparation programs for lawful permanent 
        residents;
            (2) to evaluate and identify best practices in citizenship 
        promotion and preparation and to make recommendations to the 
        Secretary about how to bring such best practices to scale;
            (3) to support direct assistance for noncitizens seeking 
        lawful permanent resident status or naturalization as a United 
        States citizen; and
            (4) to coordinate immigrant integration with State and 
        local entities.
    (d) Activities.--The Foundation shall carry out the purposes 
described in subsection (c) by--
            (1) making United States citizenship instruction and 
        naturalization application services accessible to low-income 
        and other underserved lawful permanent resident populations;
            (2) developing, identifying, and sharing best practices in 
        United States citizenship promotion and preparation;
            (3) supporting innovative and creative solutions to 
        barriers faced by noncitizens seeking naturalization;
            (4) increasing the use of, and access to, technology in 
        United States citizenship preparation programs;
            (5) engaging communities receiving immigrants in the United 
        States citizenship and civic integration process;
            (6) fostering public education and awareness;
            (7) coordinating the immigrant integration efforts of the 
        Foundation with such efforts of U.S. Citizenship and 
        Immigration Services; and
            (8) awarding grants to State and local governments under 
        section 3503.
    (e) Council of Directors.--
            (1) Members.--To the extent consistent with section 
        501(c)(3) of the Internal Revenue Code of 1986, the Foundation 
        shall have a council of directors (referred to in this section 
        as the ``Council''), which shall be comprised of--
                    (A) the Director of U.S. Citizenship and 
                Immigration Services; and
                    (B) 10 individuals appointed by the Director of 
                U.S. Citizenship and Immigration Services.
            (2) Qualifications.--In appointing individuals under 
        paragraph (1)(B), the Director of U.S. Citizenship and 
        Immigration Services shall consider individuals with experience 
        in national private and public nonprofit organizations that 
        promote and assist lawful permanent residents with 
        naturalization.
            (3) Terms.--A member of the Council described in paragraph 
        (1)(B) shall be appointed for a term of 4 years, except that, 
        of the members first appointed, 5 members shall be appointed 
        for a term of 2 years, which may be followed by renewable 4-
        year terms.
    (f) Executive Director.--
            (1) In general.--The Council shall, by majority vote, 
        appoint for 6-year renewable terms an executive director of the 
        Foundation, who shall oversee the day-to-day operations of the 
        Foundation.
            (2) Responsibilities.--The executive director shall carry 
        out the purposes described in subsection (c) on behalf of the 
        Foundation by--
                    (A) accepting, holding, administering, investing, 
                and spending any gift, devise, or bequest of real or 
                personal property made to the Foundation;
                    (B) entering into contracts and other financial 
                assistance agreements with individuals, public or 
                private organizations, professional societies, and 
                government agencies to carry out the purposes of the 
                Foundation;
                    (C) entering into such other contracts, leases, 
                cooperative agreements, and other transactions as the 
                executive director considers appropriate to carry out 
                the activities of the Foundation; and
                    (D) charging such fees for professional services 
                furnished by the Foundation as the executive director 
                considers reasonable and appropriate.
    (g) Timeline.--The Foundation shall be established and operational 
not later than 1 year after the date of the enactment of this Act.

SEC. 3503. PILOT PROGRAM TO PROMOTE IMMIGRANT INTEGRATION AT STATE AND 
              LOCAL LEVELS.

    (a) Grants Authorized.--The Chief of the Office of Citizenship of 
U.S. Citizenship and Immigration Services (referred to in this section 
as the ``Chief'') shall establish a pilot program through which the 
Chief may award grants, on a competitive basis, to States and local 
governments and other qualifying entities in collaboration with States 
and local governments--
            (1) to establish new immigrant councils to carry out 
        programs to integrate new immigrants; and
            (2) to carry out programs to integrate new immigrants.
    (b) Qualifying Entities.--Qualifying entities under this section 
may include--
            (1) an educational institution;
            (2) a private organization;
            (3) a community-based organization; or
            (4) a nonprofit organization.
    (c) Application.--A State or local government, or other qualifying 
entity in collaboration with a State or local government, seeking a 
grant under this section shall submit an application to the Chief at 
such time, in such manner, and containing such information as the Chief 
may reasonably require, including--
            (1) a proposal to carry out 1 or more activities described 
        in subsection (d)(3);
            (2) the estimated number of new immigrants residing in the 
        geographic area of the applicant; and
            (3) a description of the challenges in introducing and 
        integrating new immigrants into the State or local community.
    (d) Activities.--A grant awarded under this subsection shall be 
used--
            (1) to form a new immigrant council, which shall--
                    (A) consist of not fewer than 15 individuals and 
                not more than 19 representatives of the State or local 
                government or qualifying organization, as applicable;
                    (B) include, to the extent practicable, 
                representatives from--
                            (i) business;
                            (ii) faith-based organizations;
                            (iii) civic organizations;
                            (iv) philanthropic organizations;
                            (v) nonprofit organizations, including 
                        nonprofit organizations with legal and advocacy 
                        experience working with immigrant communities;
                            (vi) key education stakeholders, such as 
                        State educational agencies, local educational 
                        agencies (as defined in section 8101 of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 7801)), community colleges, and 
                        teachers;
                            (vii) State adult education offices;
                            (viii) State or local public libraries; and
                            (ix) State or local governments; and
                    (C) meet not less frequently than quarterly;
            (2) to provide subgrants to local communities, city 
        governments, municipalities, nonprofit organizations (including 
        veterans' and patriotic organizations), or other qualifying 
        entities;
            (3) to develop, implement, expand, or enhance a 
        comprehensive plan to introduce and integrate new immigrants 
        into the applicable State by--
                    (A) improving English language skills;
                    (B) engaging caretakers with limited English 
                proficiency in their child's education through 
                interactive parent and child literacy activities;
                    (C) improving and expanding access to workforce 
                training programs;
                    (D) teaching United States history, civics 
                education, and citizenship rights and responsibilities;
                    (E) promoting an understanding of the form of 
                government and history of the United States and the 
                principles of the Constitution of the United States;
                    (F) improving financial literacy; and
                    (G) focusing on other key areas of importance to 
                integration in United States society; and
            (4) to engage communities receiving immigrants in the 
        citizenship and civic integration process by--
                    (A) increasing local service capacity;
                    (B) building meaningful connections between new 
                immigrants and long-time residents;
                    (C) communicating the contributions of communities 
                receiving new immigrants; and
                    (D) engaging leaders from all sectors of the 
                community.
    (e) Reporting and Evaluation.--
            (1) Annual report.--Not less frequently than annually, each 
        recipient of a grant under this section shall submit to the 
        Chief a report that describes, for the preceding calendar 
        year--
                    (A) the activities undertaken by the grant 
                recipient, including the manner in which such 
                activities meet the goals of the Foundation and the 
                comprehensive plan referred to in subsection (d)(3);
                    (B) the geographic area being served;
                    (C) the estimated number of immigrants in such 
                area; and
                    (D) the primary languages spoken in such area.
            (2) Annual evaluation.--Not less frequently than annually, 
        the Chief shall conduct an evaluation of the grant program 
        under this section--
                    (A) to assess and improve the effectiveness of the 
                grant program;
                    (B) to assess the future needs of immigrants and of 
                State and local governments with respect to immigrants; 
                and
                    (C) to ensure that grantees, recipients, and 
                subgrantees are acting within the scope and purpose of 
                this section.

SEC. 3504. ENGLISH AS A GATEWAY TO INTEGRATION GRANT PROGRAM.

    (a) Authorization.--The Assistant Secretary for Career, Technical, 
and Adult Education in the Department of Education (referred to in this 
section as the ``Assistant Secretary'') shall award English as a 
Gateway to Integration grants to eligible entities.
    (b) Eligibility.--An entity eligible to receive a grant under this 
section is a State or unit of local government, a private organization, 
an educational institution, a community-based organization, or a 
nonprofit organization that--
            (1) in the case of any applicant that has previously 
        received a grant under this section, uses matching funds from 
        non-Federal sources, which may include in-kind contributions, 
        equal to 25 percent of the amount received from the English as 
        a Gateway to Integration program to carry out such program;
            (2) submits to the Assistant Secretary an application at 
        such time, in such manner, and containing such information as 
        the Assistant Secretary may reasonably require, including--
                    (A) a description of the target population to be 
                served, including demographics, literacy levels, and 
                English language levels of the target population; and
                    (B) the assessment and performance measures that 
                the grant recipient plans to use to evaluate the 
                English language learning progress of students and 
                overall success of the instruction and program;
            (3) demonstrates collaboration with public and private 
        entities to provide the instruction and assistance described in 
        subsection (c)(1);
            (4) provides English language programs that--
                    (A) teach English language skills to limited 
                English proficient (LEP) individuals who--
                            (i) have less than a United States high 
                        school diploma; or
                            (ii) are parents who are caretakers of 
                        young children;
                    (B) support and promote the social, economic, and 
                civic integration of adult English language learners 
                and their families;
                    (C) equip adult English language learners for 
                ongoing, independent study and learning beyond the 
                classroom or formal instruction; and
                    (D) incorporate the use of technology to help 
                students develop digital literacy skills; and
            (5) is located in--
                    (A) 1 of the 10 States with the highest rate of 
                foreign-born residents; or
                    (B) a State that has experienced a large increase 
                in the population of immigrants during the most recent 
                10-year period, based on data compiled by the Office of 
                Immigration Statistics or the Census Bureau.
    (c) Use of Funds.--
            (1) In general.--Funds awarded under this section shall be 
        used to provide English language instruction to adult English 
        language learners. Such instruction shall advance the 
        integration of students to help them--
                    (A) build their knowledge of United States history 
                and civics;
                    (B) prepare for United States citizenship and the 
                naturalization process;
                    (C) gain digital literacy;
                    (D) understand and navigate the early childhood, K-
                12, and postsecondary education systems;
                    (E) gain financial literacy;
                    (F) build an understanding of the housing market 
                and systems in the United States;
                    (G) learn about and access the United States, 
                State, and local health care systems;
                    (H) prepare for a high school equivalency diploma 
                or postsecondary training or education; and
                    (I) prepare for and secure employment.
            (2) Design of program.--Funds awarded under this section 
        shall be used to support an instructional program that may 
        include the following elements:
                    (A) English language instruction in a classroom 
                setting, provided that such setting is in a geographic 
                location accessible to the population served.
                    (B) Online English language instruction and 
                distance learning platforms.
                    (C) Educational support and specialized instruction 
                for English language learners with low levels of 
                literacy in their first language.
                    (D) Other online and digital components, including 
                the use of mobile phones.
    (d) Certification.--To receive a payment under this section, a 
participating entity shall submit to the Assistant Secretary a 
certification that the proposed uses of grant funds by the entity are 
consistent with this section and meet all necessary criteria determined 
by the Assistant Secretary.
    (e) Annual Report and Evaluation.--Not later than 90 days after the 
end of each fiscal year for which an entity receives grant funds under 
this section, the entity shall submit to the Assistant Secretary the 
following:
            (1) A report that describes--
                    (A) the activities undertaken by the entity that 
                were funded entirely or partially by the grant funds;
                    (B) the geographic area served by the grant funds;
                    (C) the number of immigrants in such area;
                    (D) the primary languages spoken in such area;
                    (E) the number of adult English language learners 
                receiving assistance that was funded entirely or 
                partially by grant funds received by the entity; and
                    (F) a breakdown of the costs of the instruction 
                services provided and the average per capita cost of 
                providing such instruction.
            (2) An evaluation of any program of the entity using grant 
        funds under this section, including--
                    (A) an assessment of--
                            (i) the effectiveness of such program and 
                        recommendations for improving the program; and
                            (ii) whether the English language 
                        instruction needs of the geographic area served 
                        have been met; and
                    (B) in the case of an assessment under subparagraph 
                (A)(ii) that such needs have not been met, a 
                description of the additional assistance required to 
                meet such needs.
    (f) Definitions.--In this section:
            (1) Adult english language learner.--The term ``adult 
        English language learner'' refers to an individual age 16 years 
        and older who is not enrolled in secondary school and who is 
        limited English proficient.
            (2) English language learner; limited english proficient.--
        The terms ``English language learner'' and ``limited English 
        proficient'' describe an individual who does not speak English 
        as their primary language and who has a limited ability to 
        read, speak, write, or understand English.
            (3) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the United States Virgin Islands, Guam, American Samoa, 
        and the Commonwealth of the Northern Mariana Islands.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000 for fiscal years 
2022 through 2023.

SEC. 3505. WORKFORCE DEVELOPMENT AND SHARED PROSPERITY GRANT PROGRAM.

    (a) Declaration of Policy.--It is the policy of the United States--
            (1) that adults have adequate and equitable access to 
        education and workforce programs that--
                    (A) help them learn basic skills in reading, 
                writing, mathematics, and the English language; and
                    (B) equip them with occupational skills needed to 
                secure or advance in employment, fill employer needs, 
                and support themselves and their families;
            (2) that helping adults with limited skills to attain 
        industry-recognized postsecondary credentials strengthens the 
        economy; and
            (3) that workforce programs for adults with limited skills 
        should incorporate an integrated education and training 
        approach that allows adults to acquire basic skills while 
        pursuing occupational or industry-specific training.
    (b) Authorization.--The Assistant Secretary for Career, Technical, 
and Adult Education at the Department of Education (referred to in this 
section as the ``Assistant Secretary'') shall award Workforce 
Development and Shared Prosperity grants, on a competitive basis, to 
States or local governments, or other qualifying entities described in 
subsection (c) in collaboration with States and local governments.
    (c) Qualifying Entities.--Qualifying entities under this section 
may include--
            (1) an educational institution;
            (2) a private organization;
            (3) a community-based organization; or
            (4) a nonprofit organization.
    (d) Eligibility.--A State or local government, or a qualifying 
entity in collaboration with a State or local government, is eligible 
to receive a grant under this section provided that the State or local 
government or entity--
            (1) supports and promotes the economic integration of 
        immigrants and refugees and their families;
            (2) has expertise in workforce development and adult 
        education for the purpose of developing and implementing State 
        or local programs of integrated education and training;
            (3) in carrying out the grant program, has, or collaborates 
        with at least 1 entity that has--
                    (A) expertise in workforce development for 
                immigrants and refugees; and
                    (B) expertise in adult education of immigrants and 
                refugees;
            (4) uses matching funds from non-Federal sources, which may 
        include in-kind contributions, equal to 25 percent of the 
        amount received from the Workforce Development and Shared 
        Prosperity grant program; and
            (5) submits to the Assistant Secretary an application at 
        such time, in such manner, and containing such information as 
        the Assistant Secretary may reasonably require, including--
                    (A) a description of the target population to be 
                served, including demographics, English language 
                levels, educational levels, and skill levels;
                    (B) the specific integrated education and training 
                instructional model to be implemented;
                    (C) how the program will be designed and 
                implemented by educators with expertise in adult 
                education, English language instruction, and 
                occupational skills training;
                    (D) how the program will prepare students to 
                receive a high school equivalency credential;
                    (E) how the program will prepare students to 
                receive a postsecondary credential;
                    (F) the occupations or industries for which the 
                program will prepare students for employment;
                    (G) evidence of employer demand for the skills or 
                occupational training offered by the grant program;
                    (H) the extent to which the program reduces the 
                time required for students to acquire English and 
                workforce skills;
                    (I) how the program will increase digital literacy 
                skills;
                    (J) how the program will provide student support 
                services, including guidance counseling, so as to 
                promote student success; and
                    (K) the assessment and performance measures that 
                the grant recipient plans to use to evaluate--
                            (i) the progress of adult learners in 
                        acquiring basic skills such as reading, 
                        writing, mathematics, and the English language; 
                        and
                            (ii) the success of the grant program in 
                        preparing students for employment and in 
                        helping them find employment or advance in 
                        employment.
    (e) Certification.--To receive a payment under this section, a 
participating entity shall submit to the Assistant Secretary a 
certification that the proposed uses of grant funds by the entity are 
consistent with this section and meet all necessary criteria determined 
by the Assistant Secretary.
    (f) Technical Assistance.--The Assistant Secretary shall provide 
technical assistance to adult education providers on how to provide 
integrated education and training.
    (g) Annual Report and Evaluation.--Not later than 90 days after the 
end of each fiscal year for which an entity receives grant funds under 
this section, the entity shall submit to the Assistant Secretary the 
following:
            (1) A report that describes--
                    (A) the activities undertaken by the entity that 
                were funded entirely or partially by the grant funds;
                    (B) the geographic area served by the grant funds;
                    (C) the number of immigrants in such area;
                    (D) the primary languages spoken in such area; and
                    (E) a breakdown of the costs of each of the 
                services provided and the average per capita cost of 
                providing such services.
            (2) An evaluation of any program of the entity using grant 
        funds under this section, including--
                    (A) an assessment of--
                            (i) the effectiveness of such program and 
                        recommendations for improving the program; and
                            (ii) whether the adult education and 
                        workforce development needs of the geographic 
                        area served have been met; and
                    (B) in the case of an assessment under subparagraph 
                (A)(ii) that such needs have not been met, a 
                description of the additional assistance required to 
                meet such needs.
    (h) Definitions.--In this section:
            (1) Adult education.--The term ``adult education'' means 
        academic instruction and education services below the 
        postsecondary level that increase an individual's ability to 
        read, write, speak, and understand English and perform 
        mathematical or other activities necessary to attain a 
        secondary school diploma or its recognized equivalent, to 
        transition to postsecondary education and training, or to 
        obtain employment.
            (2) Integrated education and training.--The term 
        ``integrated education and training'' means instruction that 
        provides adult education, literacy, and English language 
        activities concurrently and contextually with workforce 
        preparation activities and workforce training for a specific 
        occupation or occupational cluster for the purpose of 
        educational and career advancement.
            (3) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the United States Virgin Islands, Guam, American Samoa, 
        and the Commonwealth of the Northern Mariana Islands.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000 for fiscal years 
2022 through 2023.

SEC. 3506. EXISTING CITIZENSHIP EDUCATION GRANTS.

    (a) In General.--There is authorized to be appropriated to the 
Secretary not less than $25,000,000 for the purpose of awarding grants 
to public or private nonprofit entities for citizenship education and 
training (as described in number 97.010 of the Catalog of Federal 
Domestic Assistance), to remain available until expended.
    (b) Consideration of Grant Recipients.--With respect to grants 
administered and awarded to public or private nonprofit organizations 
by the Secretary, unless otherwise required by law, in making 
determinations about such grants, the Secretary may not consider an 
entity's enrollment in or use of the E-Verify Program described in 
section 403(a) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a note).

SEC. 3507. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.

    (a) Establishment.--The Secretary shall establish, within U.S. 
Citizenship and Immigration Services, a program to award grants, on a 
competitive basis, to eligible nonprofit organizations to carry out a 
program described in subsection (c) for the purpose of assisting 
applicants for status under sections 245B, 245C, 245D, 245E, and 245F 
of the Immigration and Nationality Act.
    (b) Eligible Nonprofit Organization.--A nonprofit organization 
eligible to receive a grant under this section is a nonprofit tax-
exempt organization, including a community, faith-based, or other 
immigrant-serving organization, the staff of which has demonstrated 
qualifications, experience, and expertise in providing quality services 
to immigrants, refugees, noncitizens granted asylum, or noncitizens 
applying for such statuses.
    (c) Use of Funds.--Grant funds awarded under this section may be 
used for the design and implementation of programs that provide--
            (1) information to the public relating to eligibility for 
        and benefits of lawful prospective immigrant status under 
        section 245B of the Immigration and Nationality Act, 
        particularly to individuals who may be eligible for such 
        status;
            (2) assistance, within the scope of authorized practice of 
        immigration law, to individuals in submitting applications for 
        lawful prospective immigrant status, including--
                    (A) screening prospective applicants to assess 
                eligibility for such status;
                    (B) completing applications and petitions, 
                including providing assistance in obtaining the 
                requisite documents and supporting evidence;
                    (C) applying for any waivers for which applicants 
                and qualifying family members may be eligible; and
                    (D) providing any other assistance that the 
                Secretary or grantees consider useful or necessary in 
                applying for lawful prospective immigrant status;
            (3) assistance, within the scope of authorized practice of 
        immigration law, to individuals seeking to adjust their status 
        to that of a lawful permanent resident under section 245C, 
        245D, 245E, or 245F of the Immigration and Nationality Act;
            (4) instruction to individuals with respect to--
                    (A) the rights and responsibilities of United 
                States citizenship; and
                    (B) civics and civics-based English as a second 
                language; and
            (5) assistance, within the scope of authorized practice of 
        immigration law, to individuals seeking to apply for United 
        States citizenship.
    (d) Source of Grant Funds.--To carry out this section, the 
Secretary may use not more than $50,000,000 from the Immigration 
Examinations Fee Account pursuant to section 286(m) of the Immigration 
and Nationality Act (U.S.C. 1356(m)).
    (e) Availability of Appropriations.--Any amounts appropriated to 
carry out this section shall remain available until expended.

SEC. 3508. STUDY ON FACTORS AFFECTING EMPLOYMENT OPPORTUNITIES FOR 
              IMMIGRANTS AND REFUGEES WITH PROFESSIONAL CREDENTIALS 
              OBTAINED IN FOREIGN COUNTRIES.

    (a) In General.--The Secretary of Labor, in coordination with the 
Secretary of State, the Secretary of Education, the Secretary of Health 
and Human Services, the Secretary of Commerce, the Secretary, the 
Administrator of the Internal Revenue Service, and the Commissioner of 
the Social Security Administration, shall conduct a study on the 
factors affecting employment opportunities in the United States for 
applicable immigrants and refugees with professional credentials 
obtained in countries other than the United States.
    (b) Elements.--The study required by subsection (a) shall include 
the following:
            (1) An analysis of the employment history of applicable 
        immigrants and refugees admitted to the United States during 
        the most recent 5-year period for which data are available at 
        the time of the study, including, to the extent practicable--
                    (A) an analysis of the employment held by 
                applicable immigrants and refugees before immigrating 
                to the United States as compared to the employment 
                obtained in the United States, if any, since the 
                arrival of such applicable immigrants and refugees; and
                    (B) a consideration of the occupational and 
                professional credentials and academic degrees held by 
                applicable immigrants and refugees before immigrating 
                to the United States.
            (2) An assessment of any barrier that prevents applicable 
        immigrants and refugees from using occupational experience 
        obtained outside the United States to obtain employment in the 
        United States.
            (3) An analysis of existing public and private resources 
        available to assist applicable immigrants and refugees who have 
        professional experience and qualifications obtained outside the 
        United States in using such professional experience and 
        qualifications to obtain skills-appropriate employment 
        opportunities in the United States.
            (4) Policy recommendations for better enabling applicable 
        immigrants and refugees who have professional experience and 
        qualifications obtained outside the United States to use such 
        professional experience and qualifications to obtain skills-
        appropriate employment opportunities in the United States.
    (c) Collaboration With Nonprofit Organizations and State 
Agencies.--In conducting the study required by subsection (a), the 
Secretary of Labor shall seek to collaborate with relevant nonprofit 
organizations and State agencies to use the existing data and resources 
of such entities.
    (d) Applicable Immigrants and Refugees.--In this section, the term 
``applicable immigrants and refugees'' means--
            (1) noncitizens who are lawfully present and authorized to 
        be employed in the United States; and
            (2) citizens of the United States born outside the United 
        States and its outlying possessions.

SEC. 3509. IN-STATE TUITION RATES FOR REFUGEES, ASYLEES, AND CERTAIN 
              SPECIAL IMMIGRANTS.

    (a) In General.--The Higher Education Act of 1965 (20 U.S.C. 1001 
et seq.) is amended by inserting after section 135 the following:

``SEC. 135A. IN-STATE TUITION RATES FOR REFUGEES, ASYLEES, AND CERTAIN 
              SPECIAL IMMIGRANTS.

    ``(a) Requirement.--In the case of a noncitizen described in 
subsection (b) whose domicile is in a State that receives assistance 
under this Act, such State shall not charge such noncitizen tuition for 
attendance at a public institution of higher education in the State at 
a rate that is greater than the rate charged for residents of the 
State.
    ``(b) Noncitizen Described.--A noncitizen is described in this 
subsection if the noncitizen was granted--
            ``(1) refugee status and admitted to the United States 
        under section 207 of the Immigration and Nationality Act (8 
        U.S.C. 1157);
            ``(2) asylum under section 208 of such Act (8 U.S.C. 1158); 
        or
            ``(3) special immigrant status under section 101(a)(27) of 
        such Act (8 U.S.C. 1101(a)(27)) pursuant to--
                    ``(A) section 1244 of the National Defense 
                Authorization Act for Fiscal Year 2008 (8 U.S.C. 1157 
                note);
                    ``(B) section 1059 of the National Defense 
                Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 
                note); or
                    ``(C) section 602 of the Afghan Allies Protection 
                Act of 2009 (8 U.S.C. 1101 note).
    ``(c) Limitations.--The requirement under subsection (a) shall 
apply with respect to a noncitizen only until the noncitizen has 
established residency in the State, and only with respect to the first 
State in which the noncitizen was first domiciled after being admitted 
into the United States as a refugee or special immigrant or being 
granted asylum.
    ``(d) Effective Date.--This section shall take effect at each 
public institution of higher education in a State that receives 
assistance under this Act for the first period of enrollment at such 
institution that begins after January 1, 2021.''.
    (b) Conforming Amendment.--The table of contents for the Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended by inserting 
after the item relating to section 135 the following:

``Sec. 135A. In-State tuition rates for refugees, asylees, and certain 
                            special immigrants.''.

SEC. 3510. WAIVER OF ENGLISH REQUIREMENT FOR SENIOR NEW AMERICANS.

    Section 312 (8 U.S.C. 1423) is amended by striking subsection (b) 
and inserting the following:
    ``(b) The requirements under subsection (a) shall not apply to any 
person who--
            ``(1) is unable to comply with such requirements because of 
        physical or mental disability, including developmental or 
        intellectual disability; or
            ``(2) on the date on which the person's application for 
        naturalization is submitted under section 334--
                    ``(A) is older than 65 years of age; and
                    ``(B) has been living in the United States for 1 or 
                more periods totaling not less than 5 years after being 
                lawfully admitted for permanent residence.
    ``(c) The requirement under subsection (a)(1) shall not apply to 
any person who, on the date on which the person's application for 
naturalization is submitted under section 334--
            ``(1) is older than 50 years of age and has been living in 
        the United States for 1 or more periods totaling not less than 
        20 years after being lawfully admitted for permanent residence;
            ``(2) is older than 55 years of age and has been living in 
        the United States for 1 or more periods totaling not less than 
        15 years after being lawfully admitted for permanent residence; 
        or
            ``(3) is older than 60 years of age and has been living in 
        the United States for 1 or more periods totaling not less than 
        10 years after being lawfully admitted for permanent residence.
    ``(d) The Secretary of Homeland Security may waive, on a case-by-
case basis, the requirement under subsection (a)(2) for any person who, 
on the date on which the person's application for naturalization is 
submitted under section 334--
            ``(1) is older than 60 years of age; and
            ``(2) has been living in the United States for 1 or more 
        periods totaling not less than 10 years after being lawfully 
        admitted for permanent residence.''.

SEC. 3511. NATURALIZATION FOR CERTAIN UNITED STATES HIGH SCHOOL 
              GRADUATES.

    (a) In General.--Title III of the Immigration and Nationality Act 
(8 U.S.C. 1401 et seq.) is amended by inserting after section 320 the 
following:

``SEC. 321. CITIZENSHIP FOR CERTAIN UNITED STATES HIGH SCHOOL 
              GRADUATES.

    ``(a) Requirements Considered Satisfied.--In the case of a 
noncitizen described in subsection (b), the noncitizen shall be 
considered to have satisfied the requirements of section 312(a).
    ``(b) Noncitizen Described.--A noncitizen is described in this 
subsection if the noncitizen submits an application for naturalization 
under section 334 that contains the following:
            ``(1) Transcripts from public or private schools in the 
        United States that demonstrate the following:
                    ``(A) The noncitizen completed grades 9 through 12 
                in the United States and graduated with a high school 
                diploma.
                    ``(B) The noncitizen completed a curriculum that 
                reflects knowledge of United States history, 
                government, and civics.
            ``(2) A copy of the noncitizen's high school diploma.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting 
after the item relating to section 320 the following:

``Sec. 321. Citizenship for certain United States high school 
                            graduates.''.
    (c) Applicability.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
applicants for naturalization who apply for naturalization on or after 
such date.
    (d) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall promulgate regulations to 
carry out this section and the amendments made by this section.

SEC. 3512. NATURALIZATION CEREMONIES.

    (a) In General.--The Chief of the Office of Citizenship of U.S. 
Citizenship and Immigration Services, in consultation with the Director 
of the National Park Service, the Archivist of the United States, and 
other appropriate Federal officials, shall develop and implement a 
strategy to enhance public awareness of naturalization ceremonies.
    (b) Venues.--In developing the strategy under subsection (a), the 
Chief of the Office of Citizenship of U.S. Citizenship and Immigration 
Services shall consider the use of outstanding and historic locations 
as venues for select naturalization ceremonies.

SEC. 3513. NATIONAL CITIZENSHIP PROMOTION PROGRAM.

    (a) Establishment.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall establish a program to 
promote United States citizenship.
    (b) Activities.--As part of the program required by subsection (a), 
the Secretary shall carry out outreach activities in accordance with 
subsection (c).
    (c) Outreach.--The Secretary shall--
            (1) develop outreach materials targeted to noncitizens who 
        have been lawfully admitted for permanent residence to 
        encourage such noncitizens to apply to become citizens of the 
        United States;
            (2) make such outreach materials available through--
                    (A) public service announcements;
                    (B) advertisements; and
                    (C) such other media as the Secretary considers 
                appropriate; and
            (3) conduct outreach activities targeted to noncitizens 
        eligible to apply for naturalization, including communication 
        by text, email, and the United States Postal Service, that 
        provides, on paper or in electronic form--
                    (A) notice that the individual is possibly eligible 
                to apply for naturalization;
                    (B) information about the requirements of United 
                States citizenship;
                    (C) information about the benefits of United States 
                citizenship;
                    (D) a pre-filled naturalization application 
                containing the data the agency already has about the 
                individual;
                    (E) instructions on how to complete the 
                application; and
                    (F) resources for free or low-cost assistance with 
                applying for naturalization and preparing for the 
                English and civics exams.

SEC. 3514. AUTHORIZATION OF APPROPRIATIONS FOR FOUNDATION AND PILOT 
              PROGRAM.

    (a) In General.--There are authorized to be appropriated for the 
first 2 fiscal years after the date of the enactment of this Act such 
sums as may be necessary to establish the Foundation and carry out the 
pilot program under section 3502.
    (b) Use of Funds.--Amounts appropriated to establish the Foundation 
and carry out the pilot program under section 3502 may be invested, and 
any amounts resulting from such investments shall remain available for 
the operations of the Foundation and the pilot program without further 
appropriation.

TITLE IV--IMMIGRATION COURTS, FAMILY VALUES, AND VULNERABLE INDIVIDUALS

     Subtitle A--Promoting Efficient Processing of Asylum Seekers, 
  Addressing Immigration Court Backlogs, and Efficiently Repatriating 
                        Migrants Ordered Removed

SEC. 4101. EXPANDING ALTERNATIVES TO DETENTION.

    (a) Family Case Management Program.--The Secretary shall--
            (1) expand the use of the family case management program 
        (described in section 218 of the Department of Homeland 
        Security Appropriations Act, 2020 (8 U.S.C. 1378a)) for 
        apprehended noncitizens who are members of family units 
        arriving in the United States; and
            (2) develop additional community-based programs to increase 
        the number of enrollees in the alternatives to detention 
        program.
    (b) Nonprofit Entity Contracting Partner.--The Secretary shall 
contract with qualified nonprofit entities for the operation of the 
alternatives to detention program, including the family case management 
program and other community-based programs described in subsection (a).
    (c) Legal Orientation.--The Secretary shall ensure that enrollees 
in the alternatives to detention program, including the family case 
management program and other community-based programs described in 
subsection (a), are provided a legal orientation consistent with the 
program elements described in section 4105(a)(2).

SEC. 4102. ELIMINATING IMMIGRATION COURT BACKLOGS.

    (a) Addressing Immigration Judge Shortages.--The Attorney General 
shall increase the total number of immigration judges by not fewer than 
55 judges during each of fiscal years 2021, 2022, 2023, and 2024.
    (b) Qualifications and Selection.--The Attorney General shall--
            (1) ensure that all newly hired immigration judges and 
        members of the Board of Immigration Appeals are--
                    (A) highly qualified experts on immigration law; 
                and
                    (B) trained to conduct fair, impartial 
                adjudications in accordance with applicable due process 
                requirements; and
            (2) with respect to immigration judges and members of the 
        Board of Immigration Appeals, to the extent practicable, strive 
        to achieve an equal numerical balance in the hiring of 
        candidates with Government experience in immigration and 
        candidates with sufficient knowledge or experience in 
        immigration in the private sector, including nonprofit, private 
        bar, or academic experience.
    (c) Addressing Support Staff Shortages.--Subject to the 
availability of funds made available in advance in appropriations Acts, 
the Attorney General shall ensure that each immigration judge has 
sufficient support staff, adequate technological and security 
resources, and appropriate courtroom facilities.
    (d) Additional Board of Immigration Appeals Personnel.--The 
Attorney General shall increase the number of Board of Immigration 
Appeals staff attorneys (including necessary additional support staff) 
to efficiently process cases by not fewer than 23 attorneys during each 
of fiscal years 2021, 2022, and 2023.
    (e) GAO Report.--The Comptroller General of the United States 
shall--
            (1) conduct a study of the impediments to efficient hiring 
        of immigration court judges within the Department of Justice; 
        and
            (2) propose solutions to Congress for improving the 
        efficiency of the hiring process.

SEC. 4103. IMPROVED TRAINING FOR IMMIGRATION JUDGES AND MEMBERS OF THE 
              BOARD OF IMMIGRATION APPEALS.

    (a) In General.--To ensure efficient and fair proceedings, the 
Director of the Executive Office for Immigration Review shall establish 
or expand, as applicable, training programs for immigration judges and 
members of the Board of Immigration Appeals.
    (b) Mandatory Training.--Training referred to under subsection (a) 
shall include the following:
            (1) Expansion of the training program for new immigration 
        judges and members of the Board of Immigration Appeals to 
        include age sensitivity, gender sensitivity, and trauma 
        sensitivity.
            (2) Continuing education regarding current developments in 
        immigration law, including through regularly available training 
        resources and an annual conference.
            (3) Training on properly crafting and dictating decisions 
        and standards of review, including improved on-bench reference 
        materials and decision templates.

SEC. 4104. NEW TECHNOLOGY TO IMPROVE COURT EFFICIENCY.

    The Director of the Executive Office for Immigration Review shall 
modernize its case management, video-teleconferencing, digital audio 
recording, and related electronic and computer-based systems, including 
by allowing for electronic filing, to improve efficiency in the 
processing of immigration proceedings.

SEC. 4105. COURT APPEARANCE COMPLIANCE AND LEGAL ORIENTATION.

    (a) Access to Legal Orientation Programs To Ensure Court Appearance 
Compliance.--
            (1) In general.--The Secretary, in consultation with the 
        Attorney General, shall establish procedures to ensure that 
        legal orientation programs are available for all noncitizens 
        detained by the Secretary.
            (2) Program elements.--Programs under paragraph (1) shall 
        provide information to noncitizens regarding the following:
                    (A) The basic procedures of immigration hearings.
                    (B) The rights and obligations of noncitizens 
                relating to immigration hearings, including the 
                consequences of filing frivolous legal claims and of 
                failing to appear for proceedings.
                    (C) Legal protections available to noncitizens and 
                the procedures for requesting such protections.
                    (D) Legal resources available to noncitizens and 
                lists of potential legal services providers.
                    (E) Any other subject the Attorney General 
                considers necessary and appropriate.
            (3) Eligibility.--A noncitizen shall be given access to 
        legal orientation programs under this subsection regardless of 
        the noncitizen's current immigration status, prior immigration 
        history, or potential for immigration relief.
    (b) Expansion of the Information Help Desk Program for Nondetained 
Noncitizens in Removal Proceedings.--The Attorney General shall expand 
the information help desk program to all immigration courts so as to 
provide noncitizens who are not detained and who have pending asylum 
claims access to information relating to their immigration status.

SEC. 4106. IMPROVING COURT EFFICIENCY AND REDUCING COSTS BY INCREASING 
              ACCESS TO LEGAL INFORMATION.

    (a) Appointment of Counsel in Certain Cases; Right To Review 
Certain Documents in Removal Proceedings.--Section 240(b) of the 
Immigration and Nationality Act (8 U.S.C. 1229a(b)) is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (A)--
                            (i) by striking ``, at no expense to the 
                        Government,''; and
                            (ii) by striking the comma at the end and 
                        inserting a semicolon;
                    (B) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (D) and (E), respectively;
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) the Attorney General may appoint or provide 
                counsel, at Government expense, to noncitizens in 
                immigration proceedings;
                    ``(C) at the beginning of the proceedings or as 
                expeditiously as possible thereafter, a noncitizen 
                shall receive a complete copy of all relevant documents 
                in the possession of the Department of Homeland 
                Security, including all documents (other than documents 
                protected from disclosure by privilege, including 
                national security information referred to in 
                subparagraph (D), law enforcement-sensitive 
                information, and information prohibited from disclosure 
                pursuant to any other provision of law) contained in 
                the file maintained by the Government, including 
                information with respect to all transactions involving 
                the noncitizen during the immigration process (commonly 
                referred to as an `A-file') and all documents 
                pertaining to the noncitizen that the Department of 
                Homeland Security has obtained or received from other 
                government agencies, unless the noncitizen waives the 
                right to receive such documents by executing a knowing 
                and voluntary written waiver in a language that he or 
                she understands;''; and
                    (D) in subparagraph (D), as redesignated, by 
                striking ``, and'' and inserting ``; and''; and
            (2) by adding at the end the following:
            ``(8) Failure to provide noncitizen required documents.--In 
        the absence of a written waiver under paragraph (4)(C), a 
        removal proceeding may not proceed until the noncitizen--
                    ``(A) has received the documents as required under 
                such paragraph; and
                    ``(B) has been provided meaningful time to review 
                and assess such documents.''.
    (b) Right to Counsel.--
            (1) In general.--Section 292 of the Immigration and 
        Nationality Act (8 U.S.C. 1362) is amended to read as follows:

``SEC. 292. RIGHT TO COUNSEL.

    ``(a) In General.--In any proceeding conducted under section 235, 
236, 238, 240, 241, or any other section of this Act, and in any appeal 
proceedings before the Attorney General from any such proceedings, the 
noncitizen concerned shall have the privilege of being represented by 
such counsel authorized to practice in such proceedings, as the 
noncitizen shall choose.
    ``(b) Access to Counsel.--
            ``(1) In general.--The Attorney General may appoint or 
        provide counsel to a noncitizen in any proceeding conducted 
        under section 235, 236, 238, 240, or 241 or any other section 
        of this Act.
            ``(2) Detention and border facilities.--The Secretary of 
        Homeland Security shall ensure that noncitizens have access to 
        counsel inside all immigration detention and border facilities.
    ``(c) Children and Vulnerable Individuals.--Notwithstanding 
subsection (b), at the beginning of proceedings or as expeditiously as 
possible, the Attorney General shall appoint, at the expense of the 
Government, counsel to represent any noncitizen financially unable to 
obtain adequate representation in such proceedings, including any 
noncitizen who has been determined by the Secretary of Homeland 
Security or the Attorney General to be--
            ``(1) a child;
            ``(2) a particularly vulnerable individual, including--
                    ``(A) a person with a disability;
                    ``(B) a victim of abuse, torture, or violence; and
                    ``(C) a pregnant or lactating woman; or
            ``(3) the parent of a United States citizen minor.
    ``(d) Extension to Consolidated Cases.--If the Attorney General has 
consolidated the case of any noncitizen for whom counsel was appointed 
under subsection (c) with that of any other noncitizen, and such other 
noncitizen does not have counsel, the counsel appointed under 
subsection (c) shall be appointed to represent such other noncitizen 
unless there is a demonstrated conflict of interest.''.
            (2) Rulemaking.--Not later than 180 days after the date of 
        enactment of this Act, the Attorney General shall promulgate 
        regulations to implement subsection (c) of section 292 of the 
        Immigration and Nationality Act, as added by paragraph (1).
    (c) Immigration Counsel Fund.--
            (1) In general.--Chapter 9 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1351 et seq.) is amended by 
        adding at the end the following:

``SEC. 295. IMMIGRATION COUNSEL FUND.

    ``(a) In General.--There is established in the general fund of the 
Treasury a separate account to be known as the `Immigration Counsel 
Fund'.
    ``(b) Deposits.--Notwithstanding any other provision of this Act, 
there shall be deposited as offsetting receipts into the Immigration 
Counsel Account all surcharges collected under subsection (c) for the 
purpose of providing access to counsel as required or authorized under 
this Act, to remain available until expended.
    ``(c) Surcharge.--In any case in which a fee is charged pursuant to 
the immigration laws, a surcharge of $25 shall be imposed and 
collected.
    ``(d) Report.--Not later than 2 years after the date of the 
enactment of this section, and biennially thereafter, the Secretary of 
Homeland Security shall submit to Congress a report on the status of 
the Immigration Counsel Account, including--
            ``(1) the balance in the Immigration Counsel Account; and
            ``(2) any recommendation with respect to modifications to 
        the surcharge under subsection (c) necessary to ensure that the 
        receipts collected for the subsequent 2 years equal, as closely 
        as possible, the cost of providing access to counsel as 
        required or authorized under this Act.''.
            (2) Table of contents.--The table of contents for the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
        amended by inserting after the item relating to section 294 the 
        following:

``Sec. 295. Immigration Counsel Account.''.
    (d) Motions To Reopen.--Section 240(c)(7)(C) of the Immigration and 
Nationality Act (8 U.S.C. 1229a(c)(7)(C)) is amended by adding at the 
end the following:
                            ``(v) Special rule for children and other 
                        vulnerable noncitizens.--If the Attorney 
                        General fails to appoint counsel for a 
                        noncitizen in violation of section 292(c)--
                                    ``(I) no limitation under this 
                                paragraph with respect to the filing of 
                                any motion to reopen shall apply to the 
                                noncitizen; and
                                    ``(II) the filing of a motion to 
                                reopen by the noncitizen shall stay the 
                                removal of the noncitizen.''.

SEC. 4107. FACILITATING SAFE AND EFFICIENT REPATRIATION.

    (a) United States Support for Reintegration.--The Secretary of 
State, in consultation with the Secretary and the Administrator of the 
United States Agency for International Development, shall coordinate 
with the governments of El Salvador, Guatemala, Honduras, and any other 
country in Central America the Secretary of State considers 
appropriate, to promote the successful reintegration of families, 
unaccompanied noncitizen children, and other noncitizens repatriated to 
their countries of origin by assisting in the development and funding 
of programs in such countries that--
            (1) provide comprehensive reintegration services at the 
        municipal level for repatriated noncitizens, including family 
        reunification and access to medical and psychosocial services;
            (2) support the establishment of educational and vocational 
        centers for repatriated noncitizens that provide skills 
        training relevant to national and local economic needs;
            (3) promote the hiring of repatriated noncitizens in the 
        private sector, including through strategic partnerships with 
        specific industries and businesses;
            (4) support the issuance of appropriate documents to 
        repatriated noncitizens, including identification documents, 
        documents relating to educational attainment, and documents 
        certifying skill attainment; and
            (5) monitor repatriated unaccompanied noncitizen children 
        to ensure their adequate screening and processing in the United 
        States.
    (b) Eligibility of Citizens and Nationals of Repatriation 
Country.--Paragraphs (1), (2), and (3) of subsection (a) shall not 
necessarily exclude citizens or nationals of the countries of origin.
    (c) Consultation With Nongovernmental Organizations.--In assisting 
in the development of programs under subsection (a), the Secretary of 
State shall consult with nongovernmental organizations in the countries 
concerned and in the United States that have experience in--
            (1) integrating repatriated individuals and families;
            (2) protecting and ensuring the welfare of unaccompanied 
        noncitizen children; and
            (3) promoting economic development and skills acquisition.

  Subtitle B--Protecting Family Values and Monitoring and Caring for 
            Unaccompanied Noncitizen Children After Arrival

SEC. 4201. DEFINITION OF LOCAL EDUCATIONAL AGENCY.

    In this subtitle, the term ``local educational agency'' has the 
meaning given the term in section 8101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801).

SEC. 4202. RESPONSIBILITY OF SPONSOR FOR IMMIGRATION COURT COMPLIANCE 
              AND CHILD WELL-BEING.

    (a) In General.--The Secretary of Health and Human Services, in 
consultation with the Attorney General, shall establish procedures to 
ensure that a legal orientation program is provided to each sponsor 
(including parents, legal guardians, and close relatives) of an 
unaccompanied noncitizen child before the unaccompanied noncitizen 
child is placed with the sponsor.
    (b) Program Elements.--A program under subsection (a) shall provide 
information to sponsors regarding each of the following:
            (1) The basic procedures of immigration hearings.
            (2) The rights and obligations of the unaccompanied 
        noncitizen child relating to immigration hearings, including 
        the consequences of filing frivolous legal claims and of 
        failing to appear for proceedings.
            (3) The obligation of the sponsor--
                    (A) to ensure that the unaccompanied noncitizen 
                child appears at immigration court proceedings;
                    (B) to notify the court of any change of address of 
                the unaccompanied noncitizen child and other relevant 
                information; and
                    (C) to address the needs of the unaccompanied 
                noncitizen child, including providing access to health 
                care and enrolling the child in an educational 
                institution.
            (4) Legal protections available to unaccompanied noncitizen 
        children and the procedures for requesting such protections.
            (5) Legal resources available to unaccompanied noncitizen 
        children and lists of potential legal services providers.
            (6) The importance of reporting potential child traffickers 
        and other persons seeking to victimize or exploit unaccompanied 
        noncitizen children, or otherwise engage such unaccompanied 
        noncitizen children in criminal, harmful, or dangerous 
        activity.
            (7) Any other subject the Secretary of Health and Human 
        Services or the Attorney General considers necessary and 
        appropriate.

SEC. 4203. FUNDING TO SCHOOL DISTRICTS FOR UNACCOMPANIED NONCITIZEN 
              CHILDREN.

    (a) Grants Authorized.--The Secretary of Education shall award 
grants, on a competitive basis, to eligible local educational agencies 
or consortia of neighboring local educational agencies described in 
subsection (b), to enable the local educational agencies or consortia 
to enhance opportunities for, and provide services to, immigrant 
children, including unaccompanied noncitizen children, in the area 
served by the local educational agencies or consortia.
    (b) Eligible Local Educational Agencies.--
            (1) In general.--A local educational agency or a consortium 
        of neighboring local educational agencies is eligible for a 
        grant under subsection (a) if, during the fiscal year for which 
        a grant is awarded under this section, there are 50 or more 
        unaccompanied noncitizen children enrolled in the public 
        schools served by the local educational agency or the 
        consortium.
            (2) Determinations of number of unaccompanied noncitizen 
        children.--The Secretary of Education shall determine the 
        number of unaccompanied noncitizen children for purposes of 
        paragraph (1) based on the most accurate data available that is 
        provided to the Secretary of Education by the Director of the 
        Office of Refugee Resettlement or the Department of Homeland 
        Security.
    (c) Applications.--A local educational agency or a consortia of 
neighboring local educational agencies desiring a grant under this 
section shall submit an application to the Secretary of Education at 
such time, in such manner, and containing such information as the 
Secretary of Education may require, including a description of how the 
grant will be used to enhance opportunities for, and provide services 
to, immigrant children and youth (including unaccompanied noncitizen 
children) and their families.

SEC. 4204. SCHOOL ENROLLMENT.

    To be eligible for funding under the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6301 et seq.), a local educational 
agency shall take measures--
            (1) to ensure that an unaccompanied noncitizen child in the 
        area served by the local educational agency is enrolled in 
        school not later than 7 days after the date on which a request 
        for enrollment is made; and
            (2) to remove barriers to enrollment and full participation 
        in educational programs and services offered by the local 
        educational agency for unaccompanied noncitizen children 
        (including barriers related to documentation, age, and 
        language), which shall include reviewing and revising policies 
        that may have a negative effect on unaccompanied noncitizen 
        children.

 Subtitle C--Admission and Protection of Refugees, Asylum Seekers, and 
                      Other Vulnerable Individuals

SEC. 4301. ELIMINATION OF TIME LIMITS ON ASYLUM APPLICATIONS.

    Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1158(a)(2)) is amended--
            (1) in subparagraph (A), by inserting ``or the Secretary'' 
        after ``Attorney General'' each place it appears;
            (2) by striking subparagraphs (B) and (D);
            (3) by redesignating subparagraph (C) as subparagraph (B);
            (4) in subparagraph (B), as redesignated, by striking 
        ``subparagraph (D)'' and inserting ``subparagraphs (C) and 
        (D)''; and
            (5) by inserting after subparagraph (B), as redesignated, 
        the following:
                    ``(C) Changed circumstances.--Notwithstanding 
                subparagraph (B), an application for asylum of a 
                noncitizen may be considered if the noncitizen 
                demonstrates, to the satisfaction of the Attorney 
                General or the Secretary, the existence of changed 
                circumstances that materially affect the noncitizen's 
                eligibility for asylum.
                    ``(D) Motion to reopen certain meritorious 
                claims.--Notwithstanding subparagraph (B) of section 
                240(c)(7), during the 2-year period beginning on the 
                date of the enactment of this Act, a noncitizen may 
                file a motion to reopen an asylum claim or a motion to 
                reopen removal proceedings to reapply for asylum as 
                relief from removal if the noncitizen--
                            ``(i) was denied asylum based solely on a 
                        failure to meet the 1-year application filing 
                        deadline in effect on the date on which the 
                        application was filed;
                            ``(ii) was granted withholding of removal 
                        to the noncitizen's country of nationality (or, 
                        in the case of a person having no nationality, 
                        to the country of last habitual residence) 
                        under section 241(b)(3);
                            ``(iii) has not obtained lawful permanent 
                        residence in the United States pursuant to any 
                        other provision of law;
                            ``(iv) is not subject to the safe third 
                        country exception under subparagraph (A) or to 
                        a bar to asylum under subsection (b)(2); and
                            ``(v) was not denied asylum as a matter of 
                        discretion.''.

SEC. 4302. INCREASING ANNUAL NUMERICAL LIMITATION ON U VISAS.

    Section 214(p) of the Immigration and Nationality Act (8 U.S.C. 
1184(p)) is amended in paragraph (2)(A) by striking ``10,000'' and 
inserting ``30,000''.

SEC. 4303. EMPLOYMENT AUTHORIZATION FOR ASYLUM SEEKERS AND OTHER 
              INDIVIDUALS.

    (a) Asylum Seekers.--Section 208(d)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1158(d)(2)) is amended to read as follows:
            ``(2) Employment authorization.--
                    ``(A) Eligibility.--The Secretary of Homeland 
                Security shall authorize employment for an applicant 
                for asylum who is not in detention and whose 
                application for asylum has not been determined to be 
                frivolous.
                    ``(B) Application.--
                            ``(i) In general.--An applicant for asylum 
                        (unless otherwise eligible for employment 
                        authorization) shall not be granted employment 
                        authorization under this paragraph until the 
                        end of a period of days determined by the 
                        Secretary of Homeland Security by regulation, 
                        but which shall not exceed 180 days, after the 
                        filing of the application for asylum.
                            ``(ii) Date of filing.--For purposes of 
                        this subparagraph, an application for asylum 
                        shall be considered to be filed on the date on 
                        which the applicant submits the application to 
                        the Secretary of Homeland Security or the 
                        Attorney General, as applicable.
                    ``(C) Term.--Employment authorization for an 
                applicant for asylum shall be valid until the date on 
                which there is a final denial of the asylum 
                application, including any administrative or judicial 
                review.''.
    (b) Individuals Granted Withholding of Removal or Applying for 
Withholding of Removal.--Section 241(b)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1231(b)(3)) is amended by adding at the end 
the following:
                    ``(D) Employment authorization.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security shall authorize employment 
                        for a noncitizen who is not in detention and 
                        who has been granted--
                                    ``(I) withholding of removal under 
                                this paragraph; or
                                    ``(II) withholding or deferral of 
                                removal under the Convention against 
                                Torture and Other Cruel, Inhuman or 
                                Degrading Treatment or Punishment, done 
                                at New York December 10, 1984.
                            ``(ii) Term.--Employment authorization for 
                        a noncitizen described in clause (i) shall be--
                                    ``(I) valid for a period of 2 
                                years; and
                                    ``(II) renewable for additional 2-
                                year periods for the duration of such 
                                withholding or deferral of removal 
                                status.''.
                            ``(iii) Applicant eligibility.--
                                    ``(I) In general.--The Secretary of 
                                Homeland Security shall authorize 
                                employment for a noncitizen who is not 
                                in detention, and whose application for 
                                withholding of removal under this 
                                paragraph or withholding or deferral of 
                                removal under the Convention against 
                                Torture and Other Cruel, Inhuman or 
                                Degrading Treatment or Punishment, done 
                                at New York December 10, 1984, has not 
                                been determined to be frivolous.
                                    ``(II) Application.--
                                            ``(aa) In general.--A 
                                        noncitizen described in 
                                        subclause (I) shall not be 
                                        granted employment 
                                        authorization under this clause 
                                        until the end of a period of 
                                        days determined by the 
                                        Secretary of Homeland Security 
                                        by regulation, but which shall 
                                        not exceed 180 days, after the 
                                        filing of an application 
                                        described in such subclause.
                                            ``(bb) Date of filing.--For 
                                        purposes of this clause, an 
                                        application under subclause (I) 
                                        shall be considered to be filed 
                                        on the date on which the 
                                        applicant submits the 
                                        application to the Attorney 
                                        General.
                                    ``(III) Term.--Employment 
                                authorization for a noncitizen 
                                described in subclause (I) shall be 
                                valid until the date on which there is 
                                a final denial of the application under 
                                subclause (I), including any 
                                administrative or judicial review.''.

SEC. 4304. ENHANCED PROTECTION FOR INDIVIDUALS SEEKING T VISAS, U 
              VISAS, AND PROTECTION UNDER VAWA.

    (a) Employment Authorization for T Visa Applicants.--Section 214(o) 
(8 U.S.C. 1184(o)) is amended by adding at the end the following:
            ``(8) Notwithstanding any provision of this Act relating to 
        eligibility for employment in the United States, the Secretary 
        of Homeland Security shall grant employment authorization to a 
        noncitizen who has filed a nonfrivolous application for 
        nonimmigrant status under section 101(a)(15)(T), which 
        authorization shall begin on the date that is the earlier of--
                    ``(A) the date on which the noncitizen's 
                application for such status is approved; or
                    ``(B) a date determined by the Secretary that is 
                not later than 180 days after the date on which the 
                noncitizen filed the application.''.
    (b) Increased Accessibility and Employment Authorization for U Visa 
Applicants.--Section 214(p) of the Immigration and Nationality Act (8 
U.S.C. 1184(p)) is amended--
            (1) in paragraph (6), by striking the last sentence; and
            (2) by adding at the end the following:
            ``(8) Employment authorization.--Notwithstanding any 
        provision of this Act relating to eligibility for employment in 
        the United States, the Secretary of Homeland Security shall 
        grant employment authorization to a noncitizen who has filed an 
        application for nonimmigrant status under section 
        101(a)(15)(U), which authorization shall begin on the date that 
        is the earlier of--
                    ``(A) the date on which the noncitizen's petition 
                for such status is approved; or
                    ``(B) a date determined by the Secretary that is 
                not later than 180 days after the date on which the 
                noncitizen filed the petition.''.
    (c) Prohibition on Removal of Certain Victims With Pending 
Petitions and Applications.--
            (1) In general.--Section 240 of the Immigration and 
        Nationality Act (8 U.S.C. 1229a) is amended--
                    (A) by redesignating subsection (e) as subsection 
                (f); and
                    (B) by inserting after subsection (d) the 
                following:
    ``(e) Prohibition on Removal of Certain Victims With Pending 
Petitions and Applications.--
            ``(1) In general.--A noncitizen described in paragraph (2) 
        shall not be removed from the United States under this section 
        or any other provision of law until the date on which there is 
        a final denial of the noncitizen's application for status, 
        including any administrative or judicial review.
            ``(2) Noncitizens described.--A noncitizen described in 
        this paragraph is a noncitizen who--
                    ``(A) has a pending nonfrivolous application or 
                petition under--
                            ``(i) subparagraph (T) or (U) of section 
                        101(a)(15);
                            ``(ii) section 106;
                            ``(iii) section 240A(b)(2); or
                            ``(iv) section 244(a)(3) (as in effect on 
                        March 31, 1997); or
                    ``(B) is a VAWA self-petitioner, as defined in 
                section 101(a)(51), and has a pending application for 
                relief under a provision referred to in any of 
                subparagraphs (A) through (G) of such section.''.
            (2) Conforming amendment.--Section 240(b)(7) of the 
        Immigration and Nationality Act (8 U.S.C. 1229a(b)(7)) is 
        amended by striking ``subsection (e)(1)'' and inserting 
        ``subsection (f)(1)''.
    (d) Prohibition on Detention of Certain Victims With Pending 
Petitions and Applications.--Section 236 of the Immigration and 
Nationality Act (8 U.S.C. 1226) is amended by adding at the end the 
following:
    ``(f) Detention of Certain Victims With Pending Petitions and 
Applications.--
            ``(1) Presumption of release.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this Act, there shall be a presumption 
                that a noncitizen described in paragraph (2) should be 
                released from detention.
                    ``(B) Rebuttal.--The Secretary of Homeland Security 
                may rebut the presumption of release based on clear and 
                convincing evidence, including credible and 
                individualized information, that--
                            ``(i) the use of alternatives to detention 
                        will not reasonably ensure the appearance of 
                        the noncitizen at removal proceedings; or
                            ``(ii) the noncitizen is a threat to 
                        another person or the community.
                    ``(C) Pending criminal charge.--A pending criminal 
                charge against a noncitizen may not be the sole factor 
                to justify the continued detention of the noncitizen.
            ``(2) Noncitizen described.--A noncitizen described in this 
        paragraph is a noncitizen who--
                    ``(A) has a pending application, which has not been 
                found to be frivolous, under--
                            ``(i) subparagraph (T) or (U) of section 
                        101(a)(15);
                            ``(ii) section 106;
                            ``(iii) section 240A(b)(2); or
                            ``(iv) section 244(a)(3) (as in effect on 
                        March 31, 1997); or
                    ``(B) is a VAWA self-petitioner, as defined in 
                section 101(a)(51), has a pending petition for relief, 
                and can demonstrate prima facie eligibility under a 
                provision referred to in any of subparagraphs (A) 
                through (G) of such section.''.

SEC. 4305. ALTERNATIVES TO DETENTION.

    Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226), 
as amended by section 4304, is further amended by adding at the end the 
following:
    ``(g) Alternatives to Detention.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        establish programs that provide alternatives to detaining 
        noncitizens, which shall offer a continuum of supervision 
        mechanisms and options, including community-based supervision 
        programs and community support.
            ``(2) Contracts with nongovernmental organizations.--The 
        Secretary of Homeland Security may contract with 
        nongovernmental community-based organizations to provide 
        services for programs under paragraph (1), including case 
        management services, appearance assistance services, and 
        screening of detained noncitizens.''.

SEC. 4306. NOTIFICATION OF PROCEEDINGS.

    (a) Written Record of Address.--Section 239(a) of the Immigration 
and Nationality Act (8 U.S.C. 1229(a)) is amended--
            (1) in paragraph (1)(F), by inserting ``the Secretary of 
        Homeland Security or'' before ``the Attorney General'' each 
        place such term appears; and
            (2) in paragraph (2)(A) by striking ``the noncitizen or to 
        the noncitizen's counsel of record'' and inserting ``the 
        noncitizen and to the noncitizen's counsel of record''.

SEC. 4307. CONVERSION OF CERTAIN PETITIONS.

    Section 2 of Public Law 110-242 (8 U.S.C. 1101 note) is amended by 
striking subsection (b) and inserting the following:
    ``(b) Duration.--The authority under subsection (a) shall expire on 
the date on which the numerical limitation specified under section 
1244(c) of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110-181; 8 U.S.C. 1157 note) is reached.''.

SEC. 4308. IMPROVEMENTS TO APPLICATION PROCESS FOR AFGHAN SPECIAL 
              IMMIGRANT VISAS.

     Subsection (b) of section 602 of the Afghan Allies Protection Act 
of 2009 (8 U.S.C. 1101 note) is amended--
            (1) in paragraph (2)(A)(ii), by inserting ``for the first 
        time'' after ``September 30, 2015''; and
            (2) in paragraph (4)(A) by inserting ``, including Chief of 
        Mission approval,'' after ``so that all steps''.

SEC. 4309. SPECIAL IMMIGRANT STATUS FOR CERTAIN SURVIVING SPOUSES AND 
              CHILDREN.

    (a) In General.--Section 101(a)(27)(D) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(27)(D)) is amended--
            (1) by striking ``an immigrant who is an employee'' and 
        inserting the following: ``an immigrant who--
                            ``(i) is an employee''; and
            (2) by striking ``grant such status;'' and inserting the 
        following: ``grant such status; or
                            ``(ii) is the surviving spouse or child of 
                        an employee of the United States Government 
                        abroad: Provided, That the employee performed 
                        faithful service for a total of not less than 
                        15 years or was killed in the line of duty;''.
    (b) Special Immigrant Status for Surviving Spouses and Children.--
            (1) In general.--Section 602(b)(2)(C) of the Afghan Allies 
        Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
                    (A) in clause (ii), by redesignating subclauses (I) 
                and (II) as items (aa) and (bb), respectively;
                    (B) by redesignating clauses (i) and (ii) as 
                subclauses (I) and (II), respectively, and moving such 
                subclauses 2 ems to the right;
                    (C) in the matter preceding subclause (I), as 
                redesignated, by striking ``An alien is described'' and 
                inserting the following:
                            ``(i) In general.--A noncitizen is 
                        described'';
                    (D) in clause (i)(I), as redesignated, by striking 
                ``who had a petition for classification approved'' and 
                inserting ``who had submitted an application to the 
                Chief of Mission''; and
                    (E) by adding at the end the following:
                            ``(ii) Employment requirements.--An 
                        application by a surviving spouse or child of a 
                        principal noncitizen shall be subject to 
                        employment requirements set forth in 
                        subparagraph (A) as of the date of the 
                        principal noncitizen's filing of an application 
                        for the first time, or if no application has 
                        been filed, the employment requirements as of 
                        the date of the principal noncitizen's 
                        death.''.
            (2) Conforming amendments.--Section 602 of the Afghan 
        Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
                    (A) in the paragraph and subparagraph headings, by 
                striking ``Aliens'' each place it appears and inserting 
                ``Noncitizens'';
                    (B) by striking ``an alien'' each place it appears 
                and inserting ``a noncitizen'';
                    (C) by striking ``An alien'' each place it appears 
                and inserting ``A noncitizen'';
                    (D) by striking ``alien'' each place it appears and 
                inserting ``noncitizen'';
                    (E) by striking ``aliens'' each place it appears 
                and inserting ``noncitizens''; and
                    (F) by striking ``alien's'' each place it appears 
                and inserting ``noncitizen's''.
    (c) Special Immigrant Status for Certain Iraqis.--
            (1) In general.--Section 1244(b)(3) of the Refugee Crisis 
        in Iraq Act of 2007 (8 U.S.C. 1157 note) is amended--
                    (A) by striking ``described in subsection (b)'' and 
                inserting ``in this subsection'';
                    (B) in subparagraph (B), by redesignating clauses 
                (i) and (ii) as subclauses (I) and (II), respectively, 
                and moving such subclauses 2 ems to the right;
                    (C) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively, and moving such 
                clauses 2 ems to the right;
                    (D) in the matter preceding clause (i), as 
                redesignated, by striking ``An alien is described'' and 
                inserting the following:
                    ``(A) In general.--A noncitizen is described'';
                    (E) in subparagraph (A)(i), as redesignated, by 
                striking ``who had a petition for classification 
                approved'' and inserting ``who submitted an application 
                to the Chief of Mission''; and
                    (F) by adding at the end the following:
                    ``(B) Employment requirements.--An application by a 
                surviving spouse or child of a principal noncitizen 
                shall be subject to employment requirements set forth 
                in paragraph (1) as of the date of the principal 
                noncitizen's filing of an application for the first 
                time, or if the principal noncitizen did not file an 
                application, the employment requirements as of the date 
                of the principal noncitizen's death.''.
            (2) Conforming amendments.--The Refugee Crisis in Iraq Act 
        of 2007 (8 U.S.C. 1157 note) is amended by--
                    (A) in the subsection headings, by striking 
                ``Aliens'' each place it appears and inserting 
                ``Noncitizens'';
                    (B) in the paragraph headings, by striking 
                ``Aliens'' each place it appears and inserting 
                ``Noncitizens'';
                    (C) by striking ``an alien'' each place it appears 
                and inserting ``a noncitizen'';
                    (D) by striking ``An alien'' each place it appears 
                and inserting ``A noncitizen'';
                    (E) by striking ``alien'' each place it appears and 
                inserting ``noncitizen'';
                    (F) by striking ``aliens'' each place it appears 
                and inserting ``noncitizens''; and
                    (G) by striking ``alien's'' each place it appears 
                and inserting ``noncitizen's''.
    (d) Effective Date.--The amendments made by this section shall be 
effective on the date of the enactment of this Act and shall have 
retroactive effect.

SEC. 4310. SPECIAL IMMIGRANT STATUS FOR CERTAIN SYRIANS WHO WORKED FOR 
              THE UNITED STATES GOVERNMENT IN SYRIA.

    (a) In General.--Subject to subsection (c)(1), for purposes of the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary 
may provide any noncitizen described in subsection (b) with the status 
of a special immigrant under section 101(a)(27) of that Act (8 U.S.C. 
1101(a)(27)) if--
            (1) the noncitizen, or an agent acting on behalf of the 
        noncitizen, submits a petition to the Secretary under section 
        204 of that Act (8 U.S.C. 1154) for classification under 
        section 203(b)(4) of that Act (8 U.S.C. 1153(b)(4));
            (2) the noncitizen is otherwise eligible to receive an 
        immigrant visa;
            (3) the noncitizen is otherwise admissible to the United 
        States for permanent residence (excluding the grounds for 
        inadmissibility specified in section 212(a)(4) of that Act (8 
        U.S.C. 1182(a)(4))), except that an applicant for admission to 
        the United States under this section may not be considered 
        inadmissible based solely on membership in, participation in, 
        or support provided to, the Syrian Democratic Forces or other 
        partner organizations, as determined by the Secretary of 
        Defense; and
            (4) the noncitizen clears a background check and 
        appropriate screening, as determined by the Secretary.
    (b) Noncitizens Described.--A noncitizen described in this 
subsection is a noncitizen who--
            (1)(A) is a citizen or national of Syria or a stateless 
        person who has habitually resided in Syria;
            (B) was employed by or on behalf of (including under a 
        contract, cooperative agreement or grant with) the United 
        States Government in Syria, for a period of not less than 1 
        year beginning on January 1, 2014; and
            (C) obtained a favorable written recommendation from a U.S. 
        citizen supervisor who was in the chain of command of the 
        United States Armed Forces unit or U.S. Government entity that 
        was supported by the noncitizen; or
            (2)(A) is the spouse or a child of a principal noncitizen 
        described in paragraph (1); and
            (B)(i) is following or accompanying to join the principal 
        noncitizen in the United States; or
            (ii) due to the death of the principal noncitizen, a 
        petition to follow or accompany to join the principal 
        noncitizen in the United States--
                    (I) was or would be revoked, terminated, or 
                otherwise rendered null; and
                    (II) would have been approved if the principal 
                noncitizen had survived.
    (c) Numerical Limitations.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the total number of principal noncitizens who may 
        be provided special immigrant status under this section may not 
        exceed 5,000 in any of the first 5 fiscal years beginning after 
        the date of the enactment of this Act.
            (2) Exemption from numerical limitations.--Noncitizens 
        provided special immigrant status under this section shall not 
        be counted against any numerical limitation under section 
        201(d), 202(a), or 203(b)(4) of the Immigration and Nationality 
        Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
            (3) Carry forward.--If the numerical limitation set forth 
        in paragraph (1) is not reached during a fiscal year, the 
        numerical limitation under such paragraph for the following 
        fiscal year shall be increased by a number equal to the 
        difference between--
                    (A) the number of visas authorized under paragraph 
                (1) for such fiscal year; and
                    (B) the number of principal noncitizens provided 
                special immigrant status under this section during such 
                fiscal year.
    (d) Visa Fees and Travel Document Issuance.--
            (1) In general.--A noncitizen described in subsection (b) 
        may not be charged any fee in connection with an application 
        for, or the issuance of, a special immigrant visa under this 
        section.
            (2) The Secretary of State shall ensure that a noncitizen 
        who is issued a special immigrant visa under this section is 
        provided with an appropriate travel document necessary for 
        admission to the United States.
    (e) Protection of Noncitizens.--The Secretary of State, in 
consultation with the head of any other appropriate Federal agency, 
shall make a reasonable effort to provide protection to each noncitizen 
described in subsection (b) who is seeking special immigrant status 
under this section or to immediately remove such noncitizen from Syria, 
if possible, if the Secretary of State determines, after consultation, 
that such noncitizen is in imminent danger.
    (f) Application Process.--
            (1) Representation.--A noncitizen applying for admission to 
        the United States as a special immigrant under this section may 
        be represented during the application process, including for 
        relevant interviews and examinations, by an attorney or other 
        accredited representative. Such representation shall not be at 
        the expense of the United States Government.
            (2) Completion.--
                    (A) In general.--The Secretary of State and the 
                Secretary, in consultation with the Secretary of 
                Defense, shall ensure that applications for special 
                immigrant visas under this section are processed in 
                such a manner so as to ensure that all steps under the 
                control of the respective departments incidental to the 
                issuance of such visas, including required screenings 
                and background checks, are completed not later than 270 
                days after the date on which an eligible noncitizen 
                submits all required materials to apply for such visa.
                    (B) Rule of construction.--Notwithstanding 
                subparagraph (A), the Secretary of State, the 
                Secretary, or the Secretary of Defense may take longer 
                than 270 days to complete the steps incidental to 
                issuing a visa under this section if the Secretary of 
                State, the Secretary, or the Secretary of Defense, or a 
                designee--
                            (i) determines that the satisfaction of 
                        national security concerns requires additional 
                        time; and
                            (ii) notifies the applicant of such 
                        determination.
            (3) Appeal.--A noncitizen whose petition for status as a 
        special immigrant is rejected or revoked--
                    (A) shall receive a written decision that provides, 
                to the maximum extent feasible, information describing 
                the basis for the denial, including the facts and 
                inferences underlying the individual determination; and
                    (B) shall be provided not more than 1 written 
                appeal per rejection or denial, which--
                            (i) shall be submitted to the authority 
                        that issued the denial not more than 120 days 
                        after the date on which the applicant receives 
                        a decision pursuant to subparagraph (A);
                            (ii) may request the reopening of such 
                        decision; and
                            (iii) shall provide additional information, 
                        clarify existing information, or explain any 
                        unfavorable information.
    (g) Eligibility for Other Immigrant Classification.--A noncitizen 
may not be denied the opportunity to apply for admission under this 
section solely because such noncitizen--
            (1) qualifies as an immediate relative of a citizen of the 
        United States; or
            (2) is eligible for admission to the United States under 
        any other immigrant classification.
    (h) Processing Mechanisms.--The Secretary of State shall use 
existing refugee processing mechanisms in Iraq and in other countries, 
as appropriate, in the region in which noncitizens described in 
subsection (b) may apply and interview for admission to the United 
States as special immigrants.
    (i) Resettlement Support.--A noncitizen who is granted special 
immigrant status under this section shall be eligible for the same 
resettlement assistance, entitlement programs, and other benefits as 
are available to refugees admitted under section 207 of the Immigration 
and Nationality Act (8 U.S.C. 1157).
    (j) Authority To Carry Out Administrative Measures.--The Secretary, 
the Secretary of State, and the Secretary of Defense shall implement 
any additional administrative measures they consider necessary and 
appropriate--
            (1) to ensure the prompt processing of applications under 
        this section;
            (2) to preserve the integrity of the program established 
        under this section; and
            (3) to protect the national security interests of the 
        United States related to such program.
    (k) Report to Congress.--
            (1) In general.--Not later than January 30 each year, the 
        Inspector General of the Department of State shall submit a 
        report on the implementation of the Syrian special immigrant 
        status program under this section for the preceding calendar 
        year to--
                    (A) the Committee on the Judiciary, the Committee 
                on Foreign Relations, and the Committee on Armed 
                Services of the Senate; and
                    (B) the Committee on the Judiciary, the Committee 
                on Foreign Affairs, and the Committee on Armed Services 
                of the House of Representatives.
            (2) Elements.--Each report required by paragraph (1) shall 
        include, for the applicable calendar year, the following:
                    (A) The number of petitions filed under such 
                program.
                    (B) The number of such petitions pending 
                adjudication.
                    (C) The number of such petitions pending visa 
                interview.
                    (D) The number of such petitions pending security 
                checks.
                    (E) The number of such petitions that were denied.
                    (F) The number of cases under such program that 
                have exceeded the mandated processing time and relevant 
                case numbers.
                    (G) A description of any obstacle discovered that 
                would hinder effective implementation of such program.
            (3) Consultation.--In preparing a report under subsection 
        (a), the Inspector General shall consult with--
                    (A) the Department of State, Bureau of Consular 
                Affairs, Visa Office;
                    (B) the Department of State, Bureau of Near Eastern 
                Affairs and South and Central Asian Affairs, Executive 
                Office;
                    (C) the Department of Homeland Security, U.S. 
                Citizenship and Immigration Services;
                    (D) the Department of Defense; and
                    (E) nongovernmental organizations providing legal 
                aid in the special immigrant visa application process.
            (4) Form.--Each report required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
            (5) Publication.--Each report submitted under this 
        subsection shall be made available to the public on the 
        internet website of the Department of State.
    (l) Rulemaking.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary, in consultation with the 
Secretary of Defense and the Secretary of State, shall promulgate 
regulations to carry out this section, including establishing 
requirements for background checks.
    (m) Savings Provision.--Nothing in this section may be construed to 
affect the authority of the Secretary under section 1059 of the 
National Defense Authorization Act for Fiscal Year 2006 (Public Law 
109-163; 8 U.S.C. 1101 note).

SEC. 4311. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this subtitle and the amendments made by this 
subtitle, including, in addition to annual funds derived from fee 
accounts of U.S. Citizenship and Immigration Services, such sums as may 
be necessary to reduce the backlog of asylum applications to the 
Refugee, Asylum and International Operations Directorate.

     TITLE V--EMPLOYMENT AUTHORIZATION AND PROTECTING WORKERS FROM 
                              EXPLOITATION

SEC. 5101. COMMISSION ON EMPLOYMENT AUTHORIZATION.

    (a) Establishment.--Not later than the date that is 180 days after 
the date of the enactment of this Act, the President, in conjunction 
with the President pro tempore of the Senate and the Speaker of the 
House of Representatives, shall establish the Employment Authorization 
Commission (referred to in this section as the ``Commission'').
    (b) Composition.--
            (1) In general.--The Commission shall be composed of 10 
        members, of whom--
                    (A) 6 members shall be appointed by the President 
                and shall include representatives of the employer, 
                labor, and civil rights communities;
                    (B) 2 members shall be appointed by the President 
                pro tempore of the Senate, of whom--
                            (i) 1 shall be appointed upon the 
                        recommendation of the leader in the Senate to 
                        represent the interests of employees who 
                        experience discrimination in the course of 
                        their employer or potential employer's 
                        verification of their employment authorization; 
                        and
                            (ii) 1 shall be appointed upon the 
                        recommendation of the leader in the Senate to 
                        represent the interests of employers; and
                    (C) 2 members shall be appointed by the Speaker of 
                the House of Representatives, of whom--
                            (i) 1 shall be appointed upon the 
                        recommendation of the leader in the House of 
                        Representatives to represent the interests of 
                        employees who experience discrimination in the 
                        course of their employer or potential 
                        employer's verification of their employment 
                        authorization; and
                            (ii) 1 shall be appointed upon the 
                        recommendation of the leader in the House of 
                        Representatives to represent the interests of 
                        employers.
            (2) Qualifications for appointment.--The members of the 
        Commission shall be distinguished individuals who are noted for 
        their knowledge and experience in the field of employment 
        verification.
            (3) Time of appointment.--The appointments required under 
        paragraph (1) shall be made not later than 180 days after the 
        date of the enactment of this Act.
            (4) Chair.--At the first meeting of the Commission, a 
        majority of the members of the Commission present and voting, 
        including at least 6 members of the Commission, shall elect the 
        Chair of the Commission.
            (5) Vacancies.--Any vacancy of the Commission shall not 
        affect its powers, but shall be filled in the manner in which 
        the original appointment was made.
            (6) Rules and procedures.--
                    (A) Establishment.--The Commission shall establish 
                the rules and procedures of the Commission, which shall 
                require the approval of at least 6 members of the 
                Commission.
                    (B) Recommendations and decisions.--All 
                recommendations and decisions of the Commission shall 
                require the approval of at least 6 members of the 
                Commission. Individual members may provide minority or 
                dissenting opinions.
    (c) Duties.--
            (1) In general.--The Commission shall--
                    (A) make recommendations to the President, the 
                Secretary, and Congress regarding policies to verify 
                the eligibility of noncitizens for employment in the 
                United States;
                    (B) evaluate methods for verification of employment 
                eligibility that respect--
                            (i) the rights of employment-authorized 
                        individuals to work in the United States; and
                            (ii) the freedom from discrimination based 
                        on race or national origin of all workers; and
                    (C) review error rates for the E-Verify program, 
                including the impact on various populations by national 
                origin, race, gender, and socioeconomic background.
            (2) Public hearings.--
                    (A) In general.--The Commission shall convene at 
                least 1 public hearing on verification for employment 
                of foreign nationals in the United States.
                    (B) Report.--The Commission shall provide a summary 
                of each hearing convened pursuant to subparagraph (A) 
                to the President, the Secretary, and Congress.
    (d) Access to Information.--The Immigrant and Employee Rights 
Section of the Department of Justice shall furnish information to the 
Commission regarding employee complaints, mediations, and 
investigations involving the employment eligibility verification 
practices of employers.
    (e) Report.--Not later than 180 days after all members of the 
Commission have been appointed pursuant to subsection (b), the 
Commission shall submit a report to the President, the Secretary, and 
Congress that includes--
            (1) specific policy recommendations for achieving and 
        maintaining the goals specified in subsection (c);
            (2) recommendations for improvements to existing employment 
        verification systems, such as the I-9 process and E-Verify, to 
        ensure that workers are not denied employment on the basis of 
        false positives.
    (f) Travel Expenses.--Members of the Commission shall be allowed 
travel expenses, including per diem in lieu of subsistence at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Commission.
    (g) Administrative Support.--The Secretary shall provide the 
Commission such staff and administrative services as may be necessary 
and appropriate for the Commission to perform its functions. Any 
employee of the executive branch of Government may be detailed to the 
Commission without reimbursement to the agency of that employee and 
such detail shall be without interruption or loss of civil service or 
status or privilege.
    (h) Comptroller General Review.--The Comptroller General of the 
United States shall review the recommendations in the report submitted 
pursuant to subsection (e) to determine--
            (1) which recommendations are most likely to improve 
        existing employment verification systems; and
            (2) whether such recommendations are feasible within 
        existing budget constraints.
    (i) Termination.--The Commission shall terminate on the date that 
is 2 years after the date of the enactment of this Act.

SEC. 5102. POWER ACT.

    (a) Protection for Victims of Labor and Employment Violations.--
Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(U)) is amended--
            (1) in clause (i)--
                    (A) by amending subclause (I) to read as follows:
                            ``(I) the noncitizen--
                                    ``(aa) has suffered substantial 
                                abuse or harm as a result of having 
                                been a victim of criminal activity 
                                described in clause (iii);
                                    ``(bb) has suffered substantial 
                                abuse or harm related to a violation 
                                described in clause (iv);
                                    ``(cc) is a victim of criminal 
                                activity described in clause (iii) and 
                                would suffer extreme hardship upon 
                                removal; or
                                    ``(dd) has suffered a violation 
                                described in clause (iv) and would 
                                suffer extreme hardship upon 
                                removal;'';
                    (B) in subclause (II), by inserting ``, or a labor 
                or employment violation resulting in a workplace claim 
                described in clause (iv)'' before the semicolon at the 
                end;
                    (C) in subclause (III)--
                            (i) by striking ``or State judge, to the 
                        Service'' and inserting ``, State, or local 
                        judge, to the Department of Homeland Security, 
                        to the Equal Employment Opportunity Commission, 
                        to the Department of Labor, to the National 
                        Labor Relations Board''; and
                            (ii) by inserting ``, or investigating, 
                        prosecuting, or seeking civil remedies for a 
                        labor or employment violation related to a 
                        workplace claim described in clause (iv)'' 
                        before the semicolon at the end; and
                    (D) in subclause (IV)--
                            (i) by inserting ``(aa)'' after ``(IV)'';
                            (ii) by inserting ``or'' after the 
                        semicolon at the end; and
                            (iii) by adding at the end the following:
                    ``(bb) a workplace claim described in clause (iv) 
                resulted from a labor or employment violation;'';
            (2) in clause (ii)(II), by striking ``and'' at the end;
            (3) in clause (iii), by striking ``or'' at the end and 
        inserting ``and''; and
            (4) by adding at the end the following:
            ``(iv) if the labor or employment violation related to a 
        workplace claim, the noncitizen--
                    ``(I) has filed, is a material witness in, or is 
                likely to be helpful in the investigation of, a bona 
                fide workplace claim (as defined in section 
                274A(e)(10)(B)(i)(II)); and
                    ``(II) reasonably fears, has been threatened with, 
                or has been the victim of, an action involving force, 
                physical restraint, retaliation, or abuse of the 
                immigration or other legal process against the 
                noncitizen or another person by the employer in 
                relation to acts underlying the workplace claim or 
                related to the filing of the workplace claim; or''.
    (b) Requirements Applicable to U Nonimmigrant Visas.--Section 
214(p) of the Immigration and Nationality Act (8 U.S.C. 1184(p)), as 
amended by section 4304, is further amended--
            (1) in paragraph (1)--
                    (A) by striking ``The petition'' and inserting the 
                following:
                    ``(A) In general.--The petition'';
                    (B) by inserting ``or investigating, prosecuting, 
                or seeking civil remedies for workplace claims 
                described in section 101(a)(15)(U)(iv)'' after 
                ``section 101(a)(15)(U)(iii)'' each place such term 
                appears; and
                    (C) by adding at the end the following:
                    ``(B) Fees.--A noncitizen petitioning for, or 
                having status under, section 101(a)(15)(U) may not be 
                required to submit any fee (or request any fee waiver) 
                in connection with such petition or status, including 
                fees associated with biometric services or an 
                application for advance permission to enter as a 
                nonimmigrant.
                    ``(C) Confidentiality of information.--The 
                Secretary of Homeland Security and the Attorney General 
                may not use the information furnished pursuant to a 
                petition for status under section 101(a)(15)(U) for 
                purposes of initiating or carrying out a removal 
                proceeding.'';
            (2) in paragraph (6)--
                    (A) by inserting ``or workplace claims described in 
                section 101(a)(15)(U)(iv)'' after ``described in 
                section 101(a)(15)(U)(iii)''; and
                    (B) by inserting ``or workplace claim'' after 
                ``prosecution of such criminal activity''; and
            (3) by adding at the end the following:
            ``(9) Temporary Protection for Victims of Crime, Labor, and 
        Employment Violations.--Notwithstanding any other provision of 
        law, the Secretary of Homeland Security may permit a noncitizen 
        to temporarily remain in the United States, and grant such 
        noncitizen employment authorization, if the Secretary 
        determines that the noncitizen--
                    ``(A) has filed for relief under section 
                101(a)(15)(U); or
                    ``(B)(i) has filed, or is a material witness to, a 
                bona fide workplace claim (as defined in section 
                274A(e)(10)(B)(i)(II)); and
                    ``(ii) has been helpful, is being helpful, or is 
                likely to be helpful to--
                            ``(I) a Federal, State, or local law 
                        enforcement official;
                            ``(II) a Federal, State, or local 
                        prosecutor;
                            ``(III) a Federal, State, or local judge;
                            ``(IV) the Department of Homeland Security;
                            ``(V) the Equal Employment Opportunity 
                        Commission;
                            ``(VI) the Department of Labor, including 
                        the Occupational Safety and Health 
                        Administration;
                            ``(VII) the National Labor Relations Board;
                            ``(VIII) the head official of a State or 
                        local government department of labor, workforce 
                        commission, or human relations commission or 
                        council; or
                            ``(IX) other Federal, State, or local 
                        authorities investigating, prosecuting, or 
                        seeking civil remedies related to the workplace 
                        claim.''.
    (c) Removal Proceedings.--Section 239(e) of the Immigration and 
Nationality Act (8 U.S.C. 1229(e)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``In cases where'' and inserting 
                ``If''; and
                    (B) by inserting ``or as a result of information 
                provided to the Department of Homeland Security in 
                retaliation against individuals for exercising or 
                attempting to exercise their employment rights or other 
                legal rights'' after ``paragraph (2)''; and
            (2) in paragraph (2), by adding at the end the following:
                    ``(C) At a facility about which a workplace claim 
                has been filed or is contemporaneously filed.''.
    (d) Adjustment of Status for Victims of Crimes.--Section 245(m)(1) 
of the Immigration and Nationality Act (8 U.S.C. 1255(m)(1)) is 
amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``The'' before ``Secretary of Homeland Security''; and
            (2) by inserting ``or an investigation or prosecution 
        regarding a workplace claim'' after ``prosecution''.
    (e) Unlawful Employment of Noncitizens.--Section 274A(e) of the 
Immigration and Nationality Act (8 U.S.C. 1324a(e)) is amended by 
adding at the end the following:
            ``(10) Conduct in enforcement actions.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Material witness.--The term `material 
                        witness' means an individual who presents a 
                        declaration from an attorney investigating, 
                        prosecuting, or defending the workplace claim 
                        or from the presiding officer overseeing the 
                        workplace claim attesting that, to the best of 
                        the declarant's knowledge and belief, 
                        reasonable cause exists to believe that the 
                        testimony of the individual will be relevant to 
                        the outcome of the workplace claim.
                            ``(ii) Workplace claim.--The term 
                        `workplace claim' means any written or oral 
                        claim, charge, complaint, or grievance filed 
                        with, communicated to, or submitted to the 
                        employer, a Federal, State, or local agency or 
                        court, or an employee representative related to 
                        the violation of applicable Federal, State, and 
                        local labor laws, including laws concerning 
                        wages and hours, labor relations, family and 
                        medical leave, occupational health and safety, 
                        civil rights, or nondiscrimination.
                    ``(B) Enforcement action.--If the Secretary of 
                Homeland Security conducts an enforcement action at a 
                facility about which a workplace claim has been filed 
                or is contemporaneously filed, or as a result of 
                information provided to the Department of Homeland 
                Security in retaliation against employees for 
                exercising their rights related to a workplace claim, 
                the Secretary shall ensure that--
                            ``(i) any noncitizens arrested or detained 
                        who are necessary for the investigation or 
                        prosecution of workplace claim violations or 
                        criminal activity (as described in subparagraph 
                        (T) or (U) of section 101(a)(15)) are not 
                        removed from the United States until after the 
                        Secretary--
                                    ``(I) notifies the appropriate law 
                                enforcement agency with jurisdiction 
                                over such violations or criminal 
                                activity; and
                                    ``(II) provides such agency with 
                                the opportunity to interview such 
                                noncitizens; and
                            ``(ii) noncitizens entitled to a stay of 
                        removal or abeyance of removal proceedings 
                        under this section are not removed.
                    ``(C) Protections for victims of crime, labor, and 
                employment violations.--
                            ``(i) Stay of removal or abeyance of 
                        removal proceedings.--Any noncitizen against 
                        whom removal proceedings have been initiated 
                        under chapter 4 of title II, who has filed a 
                        workplace claim, who is a material witness in 
                        any pending or anticipated proceeding involving 
                        a bona fide workplace claim, or who has filed 
                        for relief under section 101(a)(15)(U), shall 
                        be entitled to a stay of removal or an abeyance 
                        of removal proceedings and to employment 
                        authorization until the later of the resolution 
                        of the workplace claim or the denial of relief 
                        under section 101(a)(15)(U) after exhaustion of 
                        administrative appeals unless the Secretary 
                        establishes, by a preponderance of the evidence 
                        in proceedings before the immigration judge 
                        presiding over such noncitizen's removal 
                        hearing, that--
                                    ``(I) the noncitizen has been 
                                convicted of a felony or;
                                    ``(II) the workplace claim was 
                                filed in bad faith with the intent to 
                                delay or avoid the noncitizen's 
                                removal.
                            ``(ii) Duration.--Any stay of removal or 
                        abeyance of removal proceedings and employment 
                        authorization issued pursuant to clause (i)--
                                    ``(I) shall remain valid until the 
                                resolution of the workplace claim or 
                                the denial of relief under section 
                                101(a)(15)(U) after the exhaustion of 
                                administrative appeals; and
                                    ``(II) shall be extended by the 
                                Secretary of Homeland Security for a 
                                period not to exceed 10 additional 
                                years upon determining that--
                                            ``(aa) such relief would 
                                        enable the noncitizen asserting 
                                        a workplace claim to pursue the 
                                        claim to resolution;
                                            ``(bb) the deterrent goals 
                                        of any statute underlying a 
                                        workplace claim would be 
                                        served; or
                                            ``(cc) such extension would 
                                        otherwise further the interests 
                                        of justice.''.
    (f) Change of Nonimmigrant Classification.--Section 384(a)(1) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1367(a)(1)) is amended--
            (1) in subparagraph (E), by striking ``physical or mental 
        abuse and the criminal activity,'' and inserting ``abuse and 
        the criminal activity or workplace claim;'';
            (2) in subparagraph (F), by striking the comma at the end 
        and inserting ``; or''; and
            (3) by inserting after subparagraph (F) the following:
                    ``(G) the noncitizen's employer,''.

SEC. 5103. ADDITIONAL CIVIL PENALTY.

    Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraph (7) as paragraph 
                (8); and
                    (B) by inserting after paragraph (6) the following:
            ``(7) Additional civil penalties.--An employer is subject 
        to an additional civil penalty under subsection (e)(12) if--
                    ``(A) the employer engages in a civil violation of 
                Federal, State, or local labor laws, including--
                            ``(i) laws concerning wages and hours, 
                        labor relations, family and medical leave, 
                        occupational health and safety, civil rights, 
                        or nondiscrimination; and
                            ``(ii) a finding by the agency enforcing 
                        such law in the course of a final settlement of 
                        such violation; and
                    ``(B) such violation takes place with respect to an 
                unauthorized worker.'';
            (2) in subsection (e), as amended by section 5102(f), by 
        adding at the end the following:
            ``(11) Additional civil penalties.--An order under this 
        subsection for a violation of subsection (a)(7) shall require 
        the employer--
                    ``(A) to cease and desist from such violation; and
                    ``(B) to pay a civil penalty in an amount not to 
                exceed $5,000 for each unauthorized noncitizen with 
                respect to whom a violation of such subsection 
                occurred.''; and
            (3) in subsection (f)(2), by striking ``(1)(A) or (2)'' and 
        inserting ``(1)(A), (2), or (7)''.

SEC. 5104. CONTINUED APPLICATION OF WORKFORCE AND LABOR PROTECTION 
              REMEDIES.

    Section 274A(e) of the Immigration and Nationality Act, as amended 
by sections 5102(e) and 5103(2), is further amended by adding at the 
end the following:
            ``(12) Rights, remedies, and relief.--Notwithstanding an 
        employee's status as an unauthorized noncitizen during the time 
        of relevant employment or during the back pay period or the 
        failure of the employer or employee to comply with the 
        requirements under this section or with any other provision of 
        Federal law relating to the unlawful employment of 
        noncitizens--
                    ``(A) all rights, remedies, and relief provided 
                under any Federal, State, or local law relating to 
                workplace rights, including reinstatement and back pay, 
                are available to such employee; and
                    ``(B) a court may not prohibit such an employee 
                from pursuing other causes of action giving rise to 
                liability in a civil action.''.

SEC. 5105. PROHIBITION ON DISCRIMINATION BASED ON NATIONAL ORIGIN OR 
              CITIZENSHIP STATUS.

    (a) In General.--Section 274B(a) of the Immigration and Nationality 
Act (8 U.S.C. 1324b(a)) is amended to read as follows:
    ``(a) Prohibition on Discrimination Based on National Origin or 
Citizenship Status.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), it is an unfair immigration-related employment practice 
        for a person, other entity, or employment agency to 
        discriminate against any individual (other than an unauthorized 
        noncitizen (as defined in section 274A(h)(3))) because of such 
        individual's national origin or citizenship status, with 
        respect to--
                    ``(A) the hiring of the individual for employment;
                    ``(B) the verification of the individual's 
                eligibility to work in the United States; or
                    ``(C) the discharging of the individual from 
                employment.
            ``(2) Exceptions.--Paragraph (1) shall not apply to--
                    ``(A) a person, other entity, or employer that 
                employs 3 or fewer employees (other than an employment 
                agency);
                    ``(B) a person's or entity's discrimination based 
                upon an individual's national origin if the 
                discrimination with respect to that employer, person, 
                or entity and that individual is covered under section 
                703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
                2), unless the discrimination is related to an 
                individual's verification of employment authorization; 
                or
                    ``(C) discrimination based upon an individual's 
                citizenship status if such discrimination--
                            ``(i) is required in order to comply with a 
                        provision of Federal, State, or local law 
                        related to law enforcement;
                            ``(ii) is required by a contract with the 
                        Federal Government; or
                            ``(iii) is determined by the Secretary of 
                        Homeland Security or the Attorney General to be 
                        essential for an employer to do business with 
                        an agency or department of the Federal 
                        Government or with a State, Tribal, or local 
                        government.
            ``(3) Additional exception providing right to prefer 
        equally qualified citizens.--It is not an unfair immigration-
        related employment practice for an employer to prefer to hire, 
        recruit, or refer for a fee an individual who is a citizen or 
        national of the United States over another individual who is a 
        noncitizen if the 2 individuals are equally qualified.
            ``(4) Unfair immigration-related employment practices 
        relating to the system.--It is an unfair immigration-related 
        employment practice for a person, other entity, or employment 
        agency--
                    ``(A) to use the employment verification system 
                described in section 274A (referred to in this title as 
                the `System') to deny workers' employment or post-
                employment benefits;
                    ``(B) to misuse the System to discriminate based on 
                national origin or citizenship status;
                    ``(C) to require an employee or prospective 
                employee to use any self-verification feature of the 
                System or provide, as a condition of application or 
                employment, any self-verification results;
                    ``(D) to use an immigration status verification 
                system, service, or method other than those described 
                in section 274A for purposes of verifying employment 
                eligibility;
                    ``(E) to grant access to document verification or 
                System data, to any individual or entity not authorized 
                to have such access; or
                    ``(F) to fail to take reasonable safeguards to 
                protect against unauthorized loss, use, alteration, or 
                destruction of System data.
            ``(5) Prohibition of intimidation or retaliation.--It is an 
        unfair immigration-related employment practice for a person, 
        other entity, or employment agency to intimidate, threaten, 
        coerce, or retaliate against any individual--
                    ``(A) for the purpose of interfering with any right 
                or privilege secured under this section; or
                    ``(B) because the individual intends to file, or 
                has filed, a charge or a complaint, or testified, 
                assisted, or participated in any manner in an 
                investigation, proceeding, or hearing under this 
                section.
            ``(6) Treatment of certain documentary practices as 
        employment practices.--It is an unfair immigration-related 
        employment practice for a person, other entity, or employment 
        agency, for purposes of verifying employment eligibility--
                    ``(A) to request that an individual submit specific 
                documents, more documents, or different documents than 
                are required under section 274A; or
                    ``(B) to refuse to honor documents submitted by an 
                individual that reasonably appear on their face to be 
                genuine.
            ``(7) Prohibition of withholding employment records.--It is 
        an unfair immigration-related employment practice for an 
        employer that is required under Federal, State, or local law to 
        maintain records documenting employment, including dates or 
        hours of work and wages received, to fail to provide such 
        records to any employee to whom the records pertain, upon 
        request by such employee.
            ``(8) Professional, commercial, and business licenses.--An 
        individual who is authorized to be employed in the United 
        States may not be denied a professional, commercial, or 
        business license on the basis of his or her immigration status.
            ``(9) Employment agency defined.--In this section, the term 
        `employment agency' means any employer, person, entity, or 
        agent of such employer, person, or entity that regularly 
        undertakes, with or without compensation, to procure employees 
        for employers or to procure for employees opportunities to work 
        for employers.''.
    (b) Referral by EEOC.--Section 274B(b) of the Immigration and 
Nationality Act (8 U.S.C. 1324b(b)) is amended by adding at the end the 
following:
            ``(3) Referral by eeoc.--The Equal Employment Opportunity 
        Commission shall refer all matters alleging immigration-related 
        unfair employment practices filed with the Commission, 
        including those alleging violations of paragraph (1), (4), (5), 
        or (6) of subsection (a), to the Immigrant and Employment 
        Rights Section of the Department of Justice.''.
    (c) Fines.--
            (1) In general.--Section 274B(g)(2)(B)(iv) of the 
        Immigration and Nationality Act (8 U.S.C. 1324b(g)(2)(B)(iv)) 
        is amended to read as follows:
                            ``(iv) to pay the civil penalties set forth 
                        in this clause, which may be adjusted 
                        periodically to account for inflation, 
                        including--
                                    ``(I) except as provided in 
                                subclauses (II) through (IV), a civil 
                                penalty of not less than $2,000 and not 
                                more than $5,000 for each individual 
                                subjected to an unfair immigration-
                                related employment practice;
                                    ``(II) except as provided in 
                                subclauses (III) and (IV), in the case 
                                of an employer, person, or entity 
                                previously subject to 1 order under 
                                this paragraph, a civil penalty of not 
                                less than $4,000 and not more than 
                                $10,000 for each individual subjected 
                                to an unfair immigration-related 
                                employment practice;
                                    ``(III) except as provided in 
                                subclause (IV), in the case of an 
                                employer, person, or entity previously 
                                subject to more than 1 order under this 
                                paragraph, a civil penalty of not less 
                                than $8,000 and not more than $25,000 
                                for each individual subjected to an 
                                unfair immigration-related employment 
                                practice; and
                                    ``(IV) in the case of an unfair 
                                immigration-related employment practice 
                                described in paragraphs (4) through (7) 
                                of subsection (a), a civil penalty of 
                                not less than $500 and not more than 
                                $2,000 for each individual subjected to 
                                an unfair immigration-related 
                                employment practice.''.
            (2) Effective date.--The amendment made by paragraph (1)--
                    (A) shall take effect on the date that is 1 year 
                after the date of the enactment of this Act; and
                    (B) shall apply to violations occurring on or after 
                such date of enactment.
    (d) Authorization of Appropriations.--Section 274B(l)(3) (8 U.S.C. 
1324b(l)(3)) is amended to read as follows:
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
                    ``(A) $10,000,000 for each fiscal year (beginning 
                with fiscal year 1991); and
                    ``(B) an additional $40,000,000 for each of fiscal 
                years 2022 through 2024.''.

SEC. 5106. FAIRNESS FOR FARMWORKERS.

    (a) In General.--Section 7 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 207) is amended--
            (1) in subsection (a), by adding at the end the following:
    ``(3)(A) Except as provided in subparagraph (C), beginning on 
January 1, 2022, no employer shall employ any employee employed in 
agriculture who in any workweek is engaged in commerce or in the 
production of goods for commerce, or is employed in an enterprise 
engaged in commerce or in the production of goods for commerce for a 
workweek that is longer than the hours specified under subparagraph 
(B), unless such employee receives compensation for employment in 
excess of the hours specified in such subparagraph at a rate not less 
than 150 percent of the regular rate at which the employee is employed.
    ``(B) The hours specified in this subparagraph are, subject to 
subparagraph (C), as follows:
            ``(i) Beginning on January 1, 2022, 55 hours in any 
        workweek.
            ``(ii) Beginning on January 1, 2023, 50 hours in any 
        workweek.
            ``(iii) Beginning on January 1, 2024, 45 hours in any 
        workweek.
            ``(iv) Beginning on January 1, 2025, 40 hours in any 
        workweek.
    ``(C) With respect to any employer that employs 25 or fewer 
employees--
            ``(i) the requirement under subparagraph (A) shall begin on 
        January 1, 2025; and
            ``(ii) the hours specified under subparagraph (B) shall be 
        as follows:
                    ``(I) The number of hours specified under 
                subparagraph (B)(i) shall begin on January 1, 2025.
                    ``(II) The number of hours specified under 
                subparagraph (B)(ii) shall begin on January 1, 2026.
                    ``(III) The number of hours specified under 
                subparagraph (B)(iii) shall begin on January 1, 2027.
                    ``(IV) The number of hours specified under 
                subparagraph (B)(iv) shall begin on January 1, 2028.''; 
                and
            (2) by striking subsection (m).
    (b) Removing Certain Exemptions for Agricultural Work.--Section 13 
of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended--
            (1) in subsection (a), by amending paragraph (6) to read as 
        follows:
            ``(6) any employee employed in agriculture who is the 
        parent, spouse, child, or other member of the employer's 
        immediate family;'';
            (2) in subsection (b)--
                    (A) by striking paragraphs (12) through (16); and
                    (B) by redesignating paragraphs (17), (20), (21), 
                (24), (27), (28), (29), and (30) as paragraphs (12), 
                (13), (14), (15), (16), (17), (18), and (19), 
                respectively; and
            (3) by striking subsections (h) through (j).
    (c) Conforming Amendments.--
            (1) Fair labor standards act of 1938.--Section 13(c)(1)(A) 
        of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        213(c)(1)(A)) is amended by striking ``none of the employees'' 
        and all that follows through and inserting ``all of the 
        employees of which are employed in agriculture and are employed 
        by an employer who did not, during any calendar quarter during 
        the preceding calendar year, use more than 500 man-days of 
        agricultural labor (within the meaning of the exemption under 
        subsection (a)(6)(A)), as in effect on the day before the date 
        of the enactment of the U.S. Citizenship Act),''.
            (2) Migrant and seasonal agricultural worker protection 
        act.--The Migrant and Seasonal Agricultural Worker Protection 
        Act (Public Law 97-470) is amended--
                    (A) in section 3 (29 U.S.C. 1802)--
                            (i) in paragraph (8), by amending 
                        subparagraph (B) to read as follows:
            ``(B) The term `migrant agricultural worker' does not 
        include any immediate family member of an agricultural employer 
        or a farm labor contractor.''; and
                            (ii) in paragraph (10), by amending 
                        subparagraph (B) to read as follows:
            ``(B) The term `seasonal agricultural worker' does not 
        include--
                    ``(i) any migrant agricultural worker; or
                    ``(ii) any immediate family member of an 
                agricultural employer or a farm labor contractor.''; 
                and
                    (B) in section 4(a) (29 U.S.C. 1803(a)), by 
                amending paragraph (2) to read as follows:
            ``(2) Small business exemption.--Any person, other than a 
        farm labor contractor, who did not, during any calendar quarter 
        during the preceding calendar year, use more than 500 man-days 
        of agricultural labor (within the meaning of the exemption 
        under section 13(a)(6)(A) of the Fair Labor Standards Act of 
        1938 (29 U.S.C. 213(a)(6)(A)), as in effect on the day before 
        the date of the enactment of the U.S. Citizenship Act).''.
    (d) Effective Dates.--
            (1) In general.--The amendments made by subsections (a)(2), 
        (b)(1), (b)(3), and (c) shall take effect on--
                    (A) January 1, 2025, with respect to an employer 
                that employs more than 25 employees; and
                    (B) January 1, 2028, with respect to an employer 
                that employs 25 or fewer employees.
            (2) Other amendments.--The amendments made by subsection 
        (b)(2) shall take effect on--
                    (A) January 1, 2022, with respect to an employer 
                that employs more than 25 employees; and
                    (B) January 1, 2025, with respect to an employer 
                that employs 25 or fewer employees.

SEC. 5107. PROTECTIONS FOR MIGRANT AND SEASONAL LABORERS.

    Section 501 of the Migrant and Seasonal Agricultural Worker 
Protection Act (29 U.S.C. 1851) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Violations of This Act.--
            ``(1) In general.--Except as otherwise provided in this 
        section, any person who willfully and knowingly violates this 
        Act or any regulation under this Act--
                    ``(A) shall be fined not more than $1,000, 
                sentenced to prison for a term not to exceed 1 year, or 
                both; and
                    ``(B) upon conviction for any subsequent violation 
                of this Act or any regulation under this Act, shall be 
                fined not more than $10,000, sentenced to prison for a 
                term not to exceed 3 years, or both.
            ``(2) Identification document offenses.--Any person who 
        knowingly destroys, conceals, removes, confiscates, or 
        possesses any actual or purported passport or other immigration 
        document, or any other actual or purported government 
        identification document of another person or threatens to do so 
        in furtherance of a violation of this Act shall be fined under 
        title 18, United States Code, imprisoned not more than 3 years, 
        or both.
            ``(3) Travel restrictions.--Any person who knowingly 
        restricts or attempts to prevent or restrict, without lawful 
        authority, a person's liberty to move or travel, in furtherance 
        of a violation of this Act, shall be fined under title 18, 
        United States Code, imprisoned not more than 5 years, or both.
            ``(4) Bodily injury.--If bodily injury results from any 
        acts committed by any person in violation of this Act, or if 
        such acts include sexual abuse or an attempt to commit sexual 
        abuse (as described in section 2242 of title 18, United States 
        Code), or if such acts include the use, attempted use, or 
        threatened use of a dangerous weapon, explosives, or fire, the 
        person shall be fined under title 18, United States Code, 
        imprisoned not more than 10 years, or both.
            ``(5) Death.--If death results from any acts committed by 
        any person in violation of this Act, or if such acts include 
        kidnaping or an attempt to kidnap, aggravated sexual abuse, or 
        an attempt to commit aggravated sexual abuse, or an attempt to 
        kill, the person shall be fined under title 18, United States 
        Code, imprisoned for any term of years or for life, or both.
            ``(6) Subsequent violations.--Except to the extent that a 
        greater maximum penalty is otherwise provided for in this 
        section, a person who is convicted for any subsequent violation 
        of this Act or any regulation under this Act shall be fined 
        under title 18, United States Code, imprisoned not more than 3 
        years, or both.''; and
            (2) by adding at the end the following:
    ``(c) Recordkeeping and Wage Requirements.--Any person who 
knowingly and with intent to defraud violates section 201(a), 201(f), 
301(a), or 301(f), or who knowingly and willfully violates section 202 
or 302, shall be fined under title 18, United States Code, imprisoned 
not more than 5 years, or both.
    ``(d) Obstruction Offenses.--Any person who obstructs, attempts to 
obstruct, interferes with, or prevents the enforcement of this section, 
shall be subject to the same fines and penalties as those prescribed 
for the underlying offense involved.''.

SEC. 5108. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.

    (a) In General.--Pursuant to its authority under section 994 of 
title 28, United States Code, the United States Sentencing Commission, 
in accordance with subsection (b), shall promulgate sentencing 
guidelines or amend existing sentencing guidelines to increase the 
penalties imposed on persons convicted of offenses under--
            (1) section 274A of the Immigration and Nationality Act (8 
        U.S.C. 1324a);
            (2) section 501 of the Migrant and Seasonal Agricultural 
        Worker Protection Act (29 U.S.C. 1851);
            (3) section 16 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 216); and
            (4) any other Federal law covering conduct similar to the 
        conduct prohibited under the provisions of law referred to in 
        paragraphs (1) through (3).
    (b) Requirements.--In carrying out subsection (a), the Sentencing 
Commission shall provide sentencing enhancements for any person 
convicted of an offense referred to in subsection (a) if such offense 
involves--
            (1) the confiscation of identification documents;
            (2) corruption, bribery, extortion, or robbery;
            (3) sexual abuse;
            (4) serious bodily injury;
            (5) an intent to defraud; or
            (6) a pattern of conduct involving multiple violations of 
        law that--
                    (A) creates a risk to the health or safety of any 
                victim; or
                    (B) denies payments due to victims for work 
                completed.

SEC. 5109. LABOR LAW ENFORCEMENT FUND.

    (a) In General.--Section 286 of the Immigration and Nationality Act 
(8 U.S.C. 1356) is amended by adding at the end the following:
    ``(w) Labor Law Enforcement Account.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury a separate account, which shall be known as the 
        `Labor Law Enforcement Account' (referred to in this subsection 
        as the `Account').
            ``(2) Deposits.--There shall be deposited as offsetting 
        receipts into the Account penalties imposed under section 
        274A(a)(7).
            ``(3) Expenditures.--Amounts deposited into the Account 
        shall be made available to the Secretary of Labor to ensure 
        compliance with workplace laws, including by random audits of 
        such employers, in industries that have a history of 
        significant employment of unauthorized workers or nonimmigrant 
        workers pursuant to subclause (a) or (b) of section 
        101(a)(15)(H)(ii).''.
    (b) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        such sums as may be necessary to carry out this title and the 
        amendments made by this title (other than the amendment made by 
        subsection (a)).
            (2) Availability of funds.--
                    (A) In general.--Except as provided in subparagraph 
                (B), amounts authorized to carry out the programs, 
                projects, and activities recommended by the Commission 
                may not be expended before--
                            (i) the date that is 60 days after the 
                        submission of the report required under section 
                        5101(e); or
                            (ii) the date that is 2 years and 60 days 
                        after the date of the enactment of this Act.
                    (B) Administrative expenses.--Notwithstanding 
                subparagraph (A), amounts referred to in that 
                subparagraph may be expended for minimal administrative 
                expenses directly associated with--
                            (i) convening the public hearings required 
                        under section 5101(c)(2)(A); and
                            (ii) preparing and providing summaries of 
                        such hearings in accordance with section 
                        5101(c)(2)(B).
                                 <all>