Title: Legal Immigration for the U.S. Act
Policy area: Immigration

Summary:
Legal Immigration for the U.S. Act
This bill makes various changes to immigration law, including by (1) limiting the number of refugees and aliens granted asylum who may receive legal permanent residence to 50,000 each fiscal year, (2) denying a tax deduction for wages and benefits paid to or on behalf of an unauthorized alien, (3) eliminating the EB-5 investor visa, and (4) requiring certain nonimmigrant aliens to post a bond prior to receiving a U.S. entry visa.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8838 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 8838

   To overhaul the legal immigration system, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 2, 2020

 Mr. King of Iowa introduced the following bill; which was referred to 
 the Committee on the Judiciary, and in addition to the Committees on 
Ways and Means, Foreign Affairs, and Education and Labor, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
   To overhaul the legal immigration 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.

    This Act may be cited as the ``Legal Immigration for the U.S. 
Act''.

                       TITLE I--LEGAL IMMIGRATION

SEC. 101. WORLDWIDE LEVELS OF FAMILY-SPONSORED AND EMPLOYMENT-BASED 
              IMMIGRANTS.

    (a) 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.--The 
worldwide level of family-sponsored immigrants is capped at 195,000 for 
each fiscal year.''.
    (b) Employment-Based Immigrants.--Section 201(d) of the Immigration 
and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows:
    ``(c) Worldwide Level of Employment-Based Immigrants.--The 
worldwide level of employment-based immigrants is capped at 480,000 for 
each fiscal year.''.

SEC. 102. PARENTS OF CITIZENS.

    Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 
U.S.C. 1151(b)(2)(A)(i)) is amended in the first sentence by striking 
the period at the end and inserting ``and shall demonstrate that the 
parent has a financial or physical need to reside in the household of 
the citizen.''.

SEC. 103. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM.

    (a) Worldwide Level of Diversity Immigrants.--Section 201 of the 
Immigration and Nationality Act (8 U.S.C. 1151) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``and'' at the end of paragraph 
                (1);
                    (B) by striking ``; and'' at the end of paragraph 
                (2) and inserting a period; and
                    (C) by striking paragraph (3); and
            (2) by striking subsection (e).
    (b) Allocation of Diversity Immigrant Visas.--Section 203 of such 
Act (8 U.S.C. 1153) is amended--
            (1) by striking subsection (c);
            (2) in subsection (d), by striking ``(a), (b), or (c),'' 
        and inserting ``(a) or (b),'';
            (3) in subsection (e), by striking paragraph (2) and 
        redesignating paragraph (3) as paragraph (2);
            (4) in subsection (f), by striking ``(a), (b), or (c)'' and 
        inserting ``(a) or (b)''; and
            (5) in subsection (g), by striking ``(a), (b), and (c)'' 
        and inserting ``(a) and (b)''.
    (c) Procedure for Granting Immigrant Status.--Section 204 of such 
Act (8 U.S.C. 1154) is amended--
            (1) by striking subsection (a)(1)(I); and
            (2) in subsection (e), by striking ``(a), (b), or (c)'' and 
        inserting ``(a) or (b)''.

SEC. 104. ANNUAL ADMISSION OF REFUGEES AND ASYLEES.

    Section 207(a) of the Immigration and Nationality Act (8 U.S.C. 
1157(a)) is amended by adding at the end the following:
    ``(5) The number of refugees who may be admitted under this 
section, and the number of aliens granted asylum whose status may be 
adjusted under section 209, may not exceed a total of 50,000 in any 
fiscal year after fiscal year 2020.''.

SEC. 105. ELIMINATION OF ADJUSTMENT OF STATUS EXCEPTION.

    Section 245(c) of the Immigration and Nationality Act (8 U.S.C. 
1255(c)) is amended by striking ``(other than an immediate relative as 
defined in section 201(b) or a special immigrant described in section 
101(a)(27)(H), (I), (J), or (K))''.

SEC. 106. MERIT-BASED ALLOCATION OF EMPLOYMENT-BASED IMMIGRANT VISAS.

    Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 
1153(b)) is amended by striking paragraph (1) and all that follows 
through the end and inserting the following:
            ``(1) In general.--Visas made available under this 
        subsection shall be awarded based on a 5-factor, 100-point 
        assessment. Applicants who score 67 and higher may qualify. 
        Those who score lower than 67 do not qualify, but can work on 
        the requisite qualifications and try again.
            ``(2) Awarding of points.--Points are awarded as follows:
                    ``(A) English language skills (reading, writing, 
                listening and speaking) (maximum 28 points)--completed 
                through an approved test administered by the Department 
                of State. A maximum of 7 points each is allocated for 
                each skill area.
                    ``(B) Education (maximum of 20 points).
                    ``(C) Work experience (maximum of 20 points) for 
                demonstrating substantive experience in a critical 
                needs occupation in the economy of the United States, 
                as determined by the Secretary of Labor under paragraph 
                (3).
                    ``(D) Arranged employment in the United States 
                (maximum of 10 points) for demonstrating a job offer of 
                at least 1 year from an employer in the United States 
                in a critical needs occupation.
                    ``(E) Adaptability (maximum of 10 points) for 
                demonstrating, through use of the English language, 
                past or present ties with the United States (such as a 
                spouse, family, studies, work, arranged employment) 
                that would enable an individual to assimilate well into 
                life and work in the United States.
                    ``(F) Age-based points are assessed for age on the 
                date that the petition for classification under section 
                204 is received, as follows:
                            ``(i) Zero points for aliens under 18 years 
                        of age and over 46 years of age.
                            ``(ii) Twelve points for aliens 18 to 35 
                        years of age.
                            ``(iii) Eleven points for aliens 36 years 
                        of age.
                            ``(iv) Ten points for aliens 37 years of 
                        age.
                            ``(v) Nine points for aliens 38 years of 
                        age.
                            ``(vi) Eight points for aliens 39 years of 
                        age.
                            ``(vii) Seven points for aliens 40 years of 
                        age.
                            ``(viii) Six points for aliens 41 years of 
                        age.
                            ``(ix) Five points for aliens 42 years of 
                        age.
                            ``(x) Four points for aliens 43 years of 
                        age.
                            ``(xi) Three points for aliens 44 years of 
                        age.
                            ``(xii) Two points for aliens 45 years of 
                        age.
                            ``(xiii) One point for aliens 46 years of 
                        age.
            ``(3) Determination of critical needs.--The Secretary of 
        Labor shall determine critical needs occupations by examining 
        job openings, hires, and total separations by industry during 
        each month in which an alien's qualifications may be 
        assessed.''.

SEC. 107. EFFECTIVE DATE.

    The amendments made by this title shall take effect on October 1, 
2020.

                    TITLE II--NATURALIZATION REFORM

SEC. 201. GOOD MORAL CHARACTER.

    Section 101(f)(7) of the Immigration and Nationality Act (8 U.S.C. 
1101(f)(7)) is amended to read as follows:
            ``(7) one who at any time is convicted of a crime for which 
        the term of imprisonment is in excess of 180 days;''.

SEC. 202. ENGLISH AND CIVICS EXAMS.

    Section 312(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1423(a)(2)) is amended by striking ``United States.'' and inserting 
``United States by means of successful completion of an examination 
administered only in English.''.

SEC. 203. INVESTIGATION OF APPLICANTS.

    Section 335(a) of the Immigration and Nationality Act (8 U.S.C. 
1446(a)) is amended by adding at the end the following: ``Each 
applicant for naturalization shall have a background check interview 
conducted in English.''.

SEC. 204. MARRIED PERSONS.

    Section 319(a) of the Immigration and Nationality Act (8 U.S.C. 
1430(a)) is amended by striking ``for at least three'' and inserting 
``for at least five''.

                 TITLE III--BIRTHRIGHT CITIZENSHIP ACT

SEC. 301. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS BORN IN THE UNITED 
              STATES.

    (a) In General.--Section 301 of the Immigration and Nationality Act 
(8 U.S.C. 1401) is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        following'';
            (2) by redesignating subsections (a) through (h) as 
        paragraphs (1) through (8), respectively; and
            (3) by adding at the end the following:
    ``(b) Definition.--Acknowledging the right of birthright 
citizenship established by section 1 of the 14th amendment to the 
Constitution, a person born in the United States shall be considered 
`subject to the jurisdiction' of the United States for purposes of 
subsection (a)(1) if the person is born in the United States of 
parents, one of whom is--
            ``(1) a citizen or national of the United States;
            ``(2) an alien lawfully admitted for permanent residence in 
        the United States whose residence is in the United States; or
            ``(3) an alien performing active service in the armed 
        forces (as defined in section 101 of title 10, United States 
        Code).''.
    (b) Applicability.--The amendment made by subsection (a)(3) shall 
not be construed to affect the citizenship or nationality status of any 
person born before the date of the enactment of this Act.

            TITLE IV--RELIGIOUS WORKER VISA RECIPROCITY ACT

SEC. 401. REQUIRING RECIPROCAL IMMIGRATION TREATMENT.

    Section 204(a)(1)(G) of the Immigration and Nationality Act (8 
U.S.C. 1154(a)(1)(G)) is amended by adding at the end the following:
    ``(iii) Beginning on October 1, 2019, no petition may be approved 
for classification of an alien as a special immigrant under section 
101(a)(27)(C) if the Secretary of Homeland Security has determined that 
the country of the alien's nationality--
            ``(I) is identified as a `Country of Particular Concern' or 
        a country where religious freedom is of significant interest in 
        the 2013 International Religious Freedom Report; or
            ``(II) does not extend reciprocal immigration treatment to 
        nationals of the United States who are seeking resident status 
        in order to work in a religious vocation or occupation.''.

                  TITLE V--TERMINATE THE EB-5 PROGRAM

SEC. 501. TERMINATION OF EB-5 PROGRAM.

    (a) Repeal of Provisions.--Effective on the date of the enactment 
of this Act, the following provisions are repealed:
            (1) Section 203(b)(5) of the Immigration and Nationality 
        Act (8 U.S.C. 1153(b)(5)).
            (2) Section 204(a)(1)(H) of the Immigration and Nationality 
        Act (8 U.S.C. 1154(a)(1)(H)).
            (3) Section 216A of the Immigration and Nationality Act (8 
        U.S.C. 1186b).
            (4) Section 610 of the Departments of Commerce, Justice, 
        and State, the Judiciary, and Related Agencies Appropriations 
        Act, 1993 (8 U.S.C. 1153 note).
    (b) Applicability.--Beginning on the date of the enactment of this 
Act, the Secretary of Homeland Security--
            (1) shall cease to accept petitions and applications under 
        any authority repealed under subsection (a); and
            (2) shall dismiss all pending petitions and applications 
        described in paragraph (1).

         TITLE VI--THE E-BONDING FOR IMMIGRATION INTEGRITY ACT

SEC. 601. REQUIREMENT OF BOND.

    (a) Bond Required.--Prior to arriving at a port of entry of the 
United States, an alien seeking admission to the United States shall 
post a bond, in accordance with subsection (d), in an amount determined 
by the Secretary if such alien seeks admission to the United States as 
a nonimmigrant in a category--
            (1) described under subparagraph (B), (F), (H)(ii)(b), 
        (H)(ii)(b), or (K) of section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)); or
            (2) identified by the Secretary, in accordance with section 
        502, to have a visa overstay rate that is more than 1.5 
        percent.
    (b) Amount of Bond.--Not later than 1 year after the date of the 
enactment of this section, the Secretary shall, by rule, establish the 
amount of the bond required by subsection (a) for each visa category 
under subsection (a)(1) and each visa category identified by the 
Secretary under section 502, which amount shall--
            (1) be not less than $2,500 and not more than $10,000; and
            (2) be determined based on the Secretary's assessment of 
        the level of risk of visa overstays for that category.
    (c) Adjustment of Amount of Bond.--On an annual basis, the 
Secretary shall review, and, as appropriate, adjust the amounts of the 
bonds described in subsection (b).
    (d) Payment of Bond.--An alien required to post the bond under 
subsection (a) shall post such bond--
            (1) in electronic form; and
            (2) with a bonding agent designated by the Secretary as 
        qualified to hold such bond.
    (e) Release of Bond.--The Secretary shall authorize a bonding agent 
to release a bond--
            (1) to an alien required to post such bond--
                    (A) after receiving a notification from the United 
                States embassy or consulate in the alien's country of 
                origin that such alien departed the United States and 
                returned to such country of origin; or
                    (B) if such alien changed or adjusted their status 
                to an immigration status not required to post a bond 
                under this section.
            (2) to the E-bond Enforcement Fund under section 503 upon a 
        determination by the Secretary that an alien--
                    (A) overstayed their visa; or
                    (B) did not return to their country of origin 
                following the termination of their visa.
    (f) Change of Status.--An alien who has been admitted to the United 
States and who is required to post a bond under subsection (a) may be 
required to post an additional bond if such alien changes their status 
to that of a nonimmigrant in a category required to pay a higher bond 
under this section.
    (g) Collection of Records Relating to Bonds.--The United States 
Embassy or United States consular office in the alien's country of 
origin shall collect any records necessary to carry out this section.
    (h) Effective Date.--This section shall take effect on the date 
that is 120 calendar days after the enactment of this Act.

SEC. 602. VISA OVERSTAY RATE CATEGORIES.

    The Secretary shall identify--
            (1) the visa overstay rate for each category of 
        nonimmigrant aliens described under section 101(a)(15) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) in the 
        previous year; and
            (2) each category of nonimmigrant aliens described under 
        such section that had a visa overstay rate in the previous year 
        that was more than 1.5 percent.

SEC. 603. E-BOND ENFORCEMENT FUND.

    (a) In General.--There is established in the general fund of the 
Treasury a separate account, which shall be known as the ``E-bond 
Enforcement Fund'' (in this subsection referred to as the ``Fund'').
    (b) Deposits.--There shall be deposited as offsetting receipts into 
the Fund all amounts released under section 501(e)(2) of this title.
    (c) Use of Amounts.--Amounts deposited into the Fund shall remain 
available until expended and shall be refunded out of the Fund by the 
Secretary of the Treasury, to the Secretary of Homeland Security to--
            (1) ensure compliance with this title; and
            (2) administer enforcement programs.

SEC. 604. REPORT.

    Not later than 120 days after the date of the enactment of this 
Act, and each year thereafter, the Secretary shall submit to the 
committees of appropriate jurisdiction a report that includes--
            (1) the visa overstay rate for each category of 
        nonimmigrant alien described under section 101(a)(15) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) in the 
        previous year;
            (2) the categories that had a visa overstay rate in the 
        previous year that was more than 1.5 percent, as determined by 
        the Secretary in accordance with section 502;
            (3) the amounts of the bonds, as determined by the 
        Secretary in accordance with section 501;
            (4) information relating to the Fund under section 503; and
            (5) any other information determined appropriate by the 
        Secretary.

SEC. 605. DEFINITIONS.

    In this title:
            (1) Committees of appropriate jurisdiction.--The term 
        ``committees of appropriate jurisdiction'' means--
                    (A) the Committee on the Judiciary of the House of 
                Representatives;
                    (B) the Committee on the Judiciary of the Senate;
                    (C) the Committee on Homeland Security of the House 
                of Representatives; and
                    (D) the Committee on Homeland Security and 
                Governmental Affairs of the Senate.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security, unless otherwise provided.
            (3) Visa overstay rate.--The term ``visa overstay rate'' 
        means the ratio of, for each category of nonimmigrant aliens 
        described in section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101 (a)(15))--
                    (A) the number of aliens admitted to the United 
                States for each such category whose period of 
                authorized stays ended during a fiscal year but who 
                remained unlawfully in the United States beyond such 
                period; to
                    (B) the total number of aliens admitted to the 
                United States for each such category during that fiscal 
                year.

                 TITLE VII--ENGLISH LANGUAGE UNITY ACT

SEC. 701. FINDINGS.

    The Congress finds and declares the following:
            (1) The United States is comprised of individuals from 
        diverse ethnic, cultural, and linguistic backgrounds, and 
        continues to benefit from this rich diversity.
            (2) Throughout the history of the United States, the common 
        thread binding individuals of differing backgrounds has been 
        the English language.
            (3) Among the powers reserved to the States respectively is 
        the power to establish the English language as the official 
        language of the respective States, and otherwise to promote the 
        English language within the respective States, subject to the 
        prohibitions enumerated in the Constitution of the United 
        States and in laws of the respective States.

SEC. 702. ENGLISH AS OFFICIAL LANGUAGE OF THE UNITED STATES.

    (a) In General.--Title 4, United States Code, is amended by adding 
at the end the following new chapter:

                     ``CHAPTER 6--OFFICIAL LANGUAGE

``Sec. 161. Official language of the United States
    ``The official language of the United States is English.
``Sec. 162. Preserving and enhancing the role of the official language
    ``Representatives of the Federal Government shall have an 
affirmative obligation to preserve and enhance the role of English as 
the official language of the Federal Government. Such obligation shall 
include encouraging greater opportunities for individuals to learn the 
English language.
``Sec. 163. Official functions of Government to be conducted in English
    ``(a) Official Functions.--The official functions of the Government 
of the United States shall be conducted in English.
    ``(b) Scope.--For the purposes of this section, the term `United 
States' means the several States and the District of Columbia, and the 
term `official' refers to any function that (i) binds the Government, 
(ii) is required by law, or (iii) is otherwise subject to scrutiny by 
either the press or the public.
    ``(c) Practical Effect.--This section shall apply to all laws, 
public proceedings, regulations, publications, orders, actions, 
programs, and policies, but does not apply to--
            ``(1) teaching of languages;
            ``(2) requirements under the Individuals with Disabilities 
        Education Act;
            ``(3) actions, documents, or policies necessary for 
        national security, international relations, trade, tourism, or 
        commerce;
            ``(4) actions or documents that protect the public health 
        and safety;
            ``(5) actions or documents that facilitate the activities 
        of the Bureau of the Census in compiling any census of 
        population;
            ``(6) actions that protect the rights of victims of crimes 
        or criminal defendants; or
            ``(7) using terms of art or phrases from languages other 
        than English.
``Sec. 164. Uniform English language rule for naturalization
    ``(a) Uniform Language Testing Standard.--All citizens should be 
able to read and understand generally the English language text of the 
Declaration of Independence, the Constitution, and the laws of the 
United States made in pursuance of the Constitution.
    ``(b) Ceremonies.--All naturalization ceremonies shall be conducted 
in English.
``Sec. 165. Rules of construction
    ``Nothing in this chapter shall be construed--
            ``(1) to prohibit a Member of Congress or any officer or 
        agent of the Federal Government, while performing official 
        functions, from communicating unofficially through any medium 
        with another person in a language other than English (as long 
        as official functions are performed in English);
            ``(2) to limit the preservation or use of Native Alaskan or 
        Native American languages (as defined in the Native American 
        Languages Act);
            ``(3) to disparage any language or to discourage any person 
        from learning or using a language; or
            ``(4) to be inconsistent with the Constitution of the 
        United States.
``Sec. 166. Standing
    ``A person injured by a violation of this chapter may in a civil 
action (including an action under chapter 151 of title 28) obtain 
appropriate relief.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
title 4, United States Code, is amended by inserting after the item 
relating to chapter 5 the following new item:

                   ``Chapter 6. Official Language''.

SEC. 703. GENERAL RULES OF CONSTRUCTION FOR ENGLISH LANGUAGE TEXTS OF 
              THE LAWS OF THE UNITED STATES.

    (a) In General.--Chapter 1 of title 1, United States Code, is 
amended by adding at the end the following new section:
``Sec. 9. General rules of construction for laws of the United States
    ``(a) English language requirements and workplace policies, whether 
in the public or private sector, shall be presumptively consistent with 
the laws of the United States.
    ``(b) Any ambiguity in the English language text of the laws of the 
United States shall be resolved, in accordance with the last two 
articles of the Bill of Rights, not to deny or disparage rights 
retained by the people, and to reserve powers to the States 
respectively, or to the people.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 1 of title 1, is amended by inserting after the item relating 
to section 8 the following new item:

``9. General rules of construction for laws of the United States.''.

SEC. 704. IMPLEMENTING REGULATIONS.

    The Secretary of Homeland Security shall, within 180 days after the 
date of enactment of this Act, issue for public notice and comment a 
proposed rule for uniform testing English language ability of 
candidates for naturalization, based upon the principles that--
            (1) all citizens should be able to read and understand 
        generally the English language text of the Declaration of 
        Independence, the Constitution, and the laws of the United 
        States which are made in pursuance thereof; and
            (2) any exceptions to this standard should be limited to 
        extraordinary circumstances, such as asylum.

SEC. 705. EFFECTIVE DATE.

    The amendments made by sections 702 and 703 shall take effect on 
the date that is 180 days after the date of the enactment of this Act.

                  TITLE VIII--EXPATRIATE TERRORIST ACT

SEC. 801. LOSS OF NATIONALITY DUE TO SUPPORT OF TERRORISM.

    Section 349(a) of the Immigration and Nationality Act (8 U.S.C. 
1481(a)) is amended to read as follows:
    ``(a) In General.--A person who is a national of the United States 
whether by birth or naturalization, shall lose his or her nationality 
by voluntarily performing any of the following acts with the intention 
of relinquishing United States nationality:
            ``(1) Obtaining naturalization in a foreign state upon his 
        or her own application or upon an application filed by a duly 
        authorized agent, after having attained 18 years of age.
            ``(2) Taking an oath or making an affirmation or other 
        formal declaration of allegiance to a foreign state, a 
        political subdivision thereof, or a foreign terrorist 
        organization designated under section 219, after having 
        attained 18 years of age.
            ``(3) Entering, or serving in, the armed forces of a 
        foreign state or a foreign terrorist organization designated 
        under section 219 if--
                    ``(A) such armed forces are engaged in hostilities 
                against the United States; or
                    ``(B) such persons serve as a commissioned or 
                noncommissioned officer.
            ``(4) Becoming a member of, or providing training or 
        material assistance to, any foreign terrorist organization 
        designated under section 219.
            ``(5) Accepting, serving in, or performing the duties of 
        any office, post, or employment under the government of a 
        foreign state, a political subdivision thereof, or a foreign 
        terrorist organization designated under section 219 if--
                    ``(A) the person knowingly has or acquires the 
                nationality of such foreign state; or
                    ``(B) an oath, affirmation, or declaration of 
                allegiance to the foreign state, political subdivision, 
                or designated foreign terrorist organization is 
                required for such office, post, or employment.
            ``(6) Making a formal renunciation of United States 
        nationality before a diplomatic or consular officer of the 
        United States in a foreign state, in such form as may be 
        prescribed by the Secretary of State.
            ``(7) Making in the United States a formal written 
        renunciation of nationality in such form as may be prescribed 
        by, and before such officer as may be designated by, the 
        Attorney General, whenever the United States shall be in a 
        state of war and the Attorney General shall approve such 
        renunciation as not contrary to the interests of national 
        defense.
            ``(8)(A) Committing any act of treason against, or 
        attempting by force to overthrow, or bearing arms against, the 
        United States;
            ``(B) violating or conspiring to violate any of the 
        provisions of section 2383 of title 18, United States Code;
            ``(C) willfully performing any act in violation of section 
        2385 of title 18, United States Code; or
            ``(D) violating section 2384 of such title by engaging in a 
        conspiracy to overthrow, put down, or to destroy by force the 
        Government of the United States, or to levy war against them,
        if and when such person is convicted thereof by a court martial 
        or by a court of competent jurisdiction.''.

SEC. 802. REVOCATION OR DENIAL OF PASSPORTS AND PASSPORT CARDS TO 
              INDIVIDUALS WHO ARE MEMBERS OF FOREIGN TERRORIST 
              ORGANIZATIONS.

    The Act entitled ``An Act to regulate the issue and validity of 
passports, and for other purposes'', approved July 3, 1926 (22 U.S.C. 
211a et seq.), which is commonly known as the ``Passport Act of 1926'', 
is amended by adding at the end the following:

``SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT AND PASSPORT CARD.

    ``(a) Ineligibility.--
            ``(1) Issuance.--The Secretary of State shall not issue a 
        passport or passport card to any individual whom the Secretary 
        has determined is a member, or is attempting to become a 
        member, of an organization the Secretary has designated as a 
        foreign terrorist organization pursuant to section 219 of the 
        Immigration and Nationality Act (8 U.S.C. 1189).
            ``(2) Revocation.--The Secretary of State shall revoke a 
        passport or passport card previously issued to any individual 
        described in paragraph (1).
    ``(b) Right of Review.--Any person who, in accordance with this 
section, is denied issuance of a passport or passport card by the 
Secretary of State, or whose passport or passport card is revoked or 
otherwise restricted by the Secretary of State, may request a due 
process hearing not later than 60 days after receiving such notice of 
the nonissuance, revocation, or restriction.''.

      TITLE IX--NO DEDUCTION OF WAGES PAID TO UNAUTHORIZED ALIENS

SEC. 901. CLARIFICATION THAT WAGES PAID TO UNAUTHORIZED ALIENS MAY NOT 
              BE DEDUCTED FROM GROSS INCOME.

    (a) In General.--Subsection (c) of section 162 of the Internal 
Revenue Code of 1986 (relating to illegal bribes, kickbacks, and other 
payments) is amended by adding at the end the following new paragraph:
            ``(4) Wages paid to or on behalf of unauthorized aliens.--
                    ``(A) In general.--No deduction shall be allowed 
                under subsection (a) for any wage paid to or on behalf 
                of an unauthorized alien, as defined under section 
                274A(h)(3) of the Immigration and Nationality Act (8 
                U.S.C. 1324a(h)(3)).
                    ``(B) Wages.--For the purposes of this paragraph, 
                the term `wages' means all remuneration for employment, 
                including the cash value of all remuneration (including 
                benefits) paid in any medium other than cash.
                    ``(C) Safe harbor.--If a person or other entity is 
                participating in 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) and obtains confirmation of identity and 
                employment eligibility in compliance with the terms and 
                conditions of the program with respect to the hiring 
                (or recruitment or referral) of an employee, 
                subparagraph (A) shall not apply with respect to wages 
                paid to such employee.
                    ``(D) Burden of proof.--In the case of any 
                examination of a return in connection with a deduction 
                under this section by reason of this paragraph, the 
                Secretary shall bear the burden of proving that wages 
                were paid to or on behalf of an unauthorized alien.
                    ``(E) Limitation on taxpayer audit.--The Secretary 
                may not commence an audit or other investigation of a 
                taxpayer solely on the basis of a deduction taken under 
                this section by reason of this paragraph.''.
    (b) Six-Year Limitation on Assessment and Collection.--Subsection 
(c) of section 6501 of the Internal Revenue Code of 1986 (relating to 
exceptions) is amended by adding at the end the following new 
paragraph:
            ``(12) Deduction claimed for wages paid to unauthorized 
        aliens.--In the case of a return of tax on which a deduction is 
        shown in violation of section 162(c)(4), any tax under chapter 
        1 may be assessed, or a proceeding in court for the collection 
        of such tax may be begun without assessment, at any time within 
        6 years after the return was filed.''.
    (c) Use of Documentation for Enforcement Purposes.--Section 274A of 
the Immigration and Nationality Act (8 U.S.C. 1324a) is amended--
            (1) in subparagraph (b)(5), by inserting ``, section 
        162(c)(4) of the Internal Revenue Code of 1986,'' after 
        ``enforcement of this Act'';
            (2) in subparagraph (d)(2)(F), by inserting ``, section 
        162(c)(4) of the Internal Revenue Code of 1986,'' after 
        ``enforcement of this Act''; and
            (3) in subparagraph (d)(2)(G), by inserting ``section 
        162(c)(4) of the Internal Revenue Code of 1986 or'' after ``or 
        enforcement of''.
    (d) Availability of Information.--
            (1) In general.--The Commissioner of Social Security, the 
        Secretary of the Department of Homeland Security, and the 
        Secretary of the Treasury, shall jointly establish a program to 
        share information among such agencies that may or could lead to 
        the identification of unauthorized aliens (as defined under 
        section 274A(h)(3) of the Immigration and Nationality Act), 
        including any no-match letter, any information in the earnings 
        suspense file, and any information in the investigation and 
        enforcement of section 162(c)(4) of the Internal Revenue Code 
        of 1986.
            (2) Disclosure by secretary of the treasury.--
                    (A) In general.--Subsection (i) of section 6103 of 
                the Internal Revenue Code of 1986 is amended by adding 
                at the end the following new paragraph:
            ``(9) Payment of wages to unauthorized aliens.--Upon 
        request from the Commissioner of the Social Security 
        Administration or the Secretary of the Department of Homeland 
        Security, the Secretary shall disclose to officers and 
        employees of such Administration or Department--
                    ``(A) taxpayer identity information of employers 
                who paid wages with respect to which a deduction was 
                not allowed by reason of section 162(c)(4), and
                    ``(B) taxpayer identity information of individuals 
                to whom such wages were paid,
        for purposes of carrying out any enforcement activities of such 
        Administration or Department with respect to such employers or 
        individuals.''.
                    (B) Recordkeeping.--Paragraph (4) of section 
                6103(p) of such Code is amended--
                            (i) by striking ``(5), or (7)'' in the 
                        matter preceding subparagraph (A) and inserting 
                        ``(5), (7), or (9)''; and
                            (ii) by striking ``(5) or (7)'' in 
                        subparagraph (F)(ii) and inserting ``(5), (7), 
                        or (9)''.
    (e) Effective Date.--
            (1) Except as provided in paragraph (2), this Act and the 
        amendments made by this Act shall take effect on the date of 
        the enactment of this Act.
            (2) The amendments made by subsections (a) and (b) shall 
        apply to taxable years beginning after December 31, 2020.

SEC. 902. MODIFICATION OF E-VERIFY PROGRAM.

    (a) Making Permanent.--Subsection (b) of section 401 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note) is amended by striking the last sentence.
    (b) Application to Current Employees.--
            (1) Voluntary election.--The first sentence of section 
        402(a) of such Act is amended to read as follows: ``Any person 
        or other entity that conducts any hiring (or recruitment or 
        referral) in a State or employs any individuals in a State may 
        elect to participate in the E-Verify Program.''.
            (2) Benefit of rebuttable presumption.--Paragraph (1) of 
        section 402(b) of such Act is amended by adding at the end the 
        following: ``If a person or other entity is participating in 
        the E-Verify Program and obtains confirmation of identity and 
        employment eligibility in compliance with the terms and 
        conditions of the program with respect to individuals employed 
        by the person or entity, the person or entity has established a 
        rebuttable presumption that the person or entity has not 
        violated section 274A(a)(2) with respect to such 
        individuals.''.
            (3) Scope of election.--Subparagraph (A) of section 
        402(c)(2) of such Act is amended to read as follows:
                    ``(A) In general.--Any electing person or other 
                entity may provide that the election under subsection 
                (a) shall apply (during the period in which the 
                election is in effect)--
                            ``(i) to all its hiring (and all 
                        recruitment or referral);
                            ``(ii) to all its hiring (and all 
                        recruitment or referral and all individuals 
                        employed by the person or entity);
                            ``(iii) to all its hiring (and all 
                        recruitment or referral) in one or more States 
                        or one or more places of hiring (or recruitment 
                        or referral, as the case may be); or
                            ``(iv) to all its hiring (and all 
                        recruitment or referral and all individuals 
                        employed by the person or entity) in one or 
                        more States or one or more place of hiring (or 
                        recruitment or referral or employment, as the 
                        case may be).''.
            (4) Procedures for participants in e-verify program.--
        Subsection (a) of section 403 of such Act is amended--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``or continued employment in the United 
                States'' after ``United States''; and
                    (B) in paragraph (3)--
                            (i) in subparagraph (A), by striking all 
                        that follows ``(as specified by the Secretary 
                        of Homeland Security)'' and inserting ``after 
                        the date of the hiring, or recruitment or 
                        referral, in the case of inquiries made 
                        pursuant to a hiring, recruitment or referral 
                        (and not of previously hired individuals).''; 
                        and
                            (ii) in subparagraph (B), by striking 
                        ``such 3 working days'' and inserting ``the 
                        specified period''.
    (c) Application to Job Applicants.--Section 402(c)(2) of such Act 
is amended by adding at the end the following:
                    ``(C) Job offer may be made conditional on final 
                confirmation by e-verify.--A person or other entity 
                that elects to participate in the E-Verify Program may 
                offer a prospective employee an employment position 
                conditioned on final verification of the identity and 
                employment eligibility of the employee using the 
                employment eligibility confirmation system established 
                under section 404.''.
                                 <all>