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Kirkpatrick on Senate Immigration Proposal

 U.S. Representative Ann Kirkpatrick, D-Ariz., released the following statement in response to the bipartisan Senate working group’s proposal on border security and immigration reform:

“Let’s seize this moment. It is good for Arizona. After years of stalemate, a bipartisan, common-sense effort is finally underway to solve a problem that reaches every corner of our nation.

 

“The Senate working group’s proposal is not perfect, but it is good for Arizona. As a border state, Arizona has suffered from federal inaction to fix our broken immigration system. Our Border Patrol and law enforcement need the tools to take on criminal cartels and smugglers. Our farmers, ranchers and local businesses need an effective system to fill their labor needs. Our schools and universities need to educate children and DREAMers who live in the shadows because they were brought here by their parents.

“I applaud the leadership of Arizona Senators John McCain and Jeff Flake on this issue, and I look forward to being part of a similar, bipartisan approach in the House of Representatives. Finding common ground is the way we can finally get something done.”

 The following is a copy of the legislation.  

EAS13500 S.L.C.

S. ll
To provide for comprehensive immigration reform and for other purposes.

IN THE SENATE OF THE UNITED STATES

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Mr. SCHUMER (for himself, Mr. MCCAIN, Mr. DURBIN, Mr. GRAHAM, Mr. MENENDEZ, Mr. RUBIO, Mr. BENNET, and Mr. FLAKE) introduced the following bill; which was read twice and referred to the Committee on llllllllll

A BILL

To provide for comprehensive immigration reform and for other purposes.

113TH CONGRESS 1ST SESSION

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Be it enacted by the Senate and House of Representa- tives 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 ‘‘Border Security, Economic Opportunity, and Immigra- tion Modernization Act’’.

(b) TABLE OF CONTENTS.—The table of contents for

this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Statement of congressional findings. Sec. 3. Effective date triggers.
Sec. 4. Southern Border Security Commission.

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Sec. 5. Comprehensive Southern Border Security Strategy and Southern Bor- der Fencing Strategy.

Sec. 6. Comprehensive Immigration Reform Trust Fund. Sec. 7. Reference to the Immigration and Nationality Act. Sec. 8. Definitions.

TITLE I—BORDER SECURITY

Sec. 1101. Definitions.
Sec. 1102. Additional U.S. Customs and Border Protection officers.
Sec. 1103. National Guard support to secure the Southern border.
Sec. 1104. Enhancement of existing border security operations.
Sec. 1105. Border security on certain Federal land.
Sec. 1106. Equipment and technology.
Sec. 1107. Access to emergency personnel.
Sec. 1108. Southwest Border region prosecution initiative.
Sec. 1109. Interagency collaboration.
Sec. 1110. SCAAP reauthorization.
Sec. 1111. Use of force.
Sec. 1112. Training for border security and immigration enforcement officers. Sec. 1113. Department of Homeland Security Border Oversight Task Force. Sec. 1114. Immigration ombudsman.
Sec. 1115. Reports.
Sec. 1116. Severability.

TITLE II—IMMIGRANT VISAS

Subtitle A—Registration and Adjustment of Registered Provisional Immigrants

Sec. 2101. Registered provisional immigrant status.
Sec. 2102. Adjustment of status of registered provisional immigrants.
Sec. 2103. The DREAM Act.
Sec. 2104. Additional requirements.
Sec. 2105. Criminal penalty.
Sec. 2106. Grant program to assist eligible applicants.
Sec. 2107. Conforming amendments to the Social Security Act.
Sec. 2108. Government contracting and acquisition of real property interest. Sec. 2109. Long-term legal residents of the Commonwealth of the Northern

Mariana Islands. Sec. 2110. Rulemaking.

Sec. 2111. Statutory construction.

Subtitle B—Agricultural Worker Program

Sec. 2201. Short title. Sec. 2202. Definitions.

CHAPTER 1—PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS

SUBCHAPTER A—BLUE CARD STATUS

Sec. 2211. Requirements for blue card status.
Sec. 2212. Adjustment to permanent resident status. Sec. 2213. Use of information.
Sec. 2214. Reports on blue cards.

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Sec. 2215. Authorization of appropriations.

SUBCHAPTER B—CORRECTION OF SOCIAL SECURITY RECORDS Sec. 2221. Correction of social security records.

CHAPTER 2—NONIMMIGRANT AGRICULTURAL VISA PROGRAM

Sec. 2231. Nonimmigrant classification for nonimmigrant agricultural workers. Sec. 2232. Establishment of nonimmigrant agricultural worker program.
Sec. 2233. Transition of H-2A worker program.
Sec. 2234. Reports to Congress on nonimmigrant agricultural workers.

CHAPTER 3—OTHER PROVISIONS

Sec. 2241. Rulemaking.
Sec. 2242. Reports to Congress. Sec. 2243. Effective date.

Subtitle C—Future Immigration

Sec. 2301. Merit-based points track one.
Sec. 2302. Merit-based track two.
Sec. 2303. Repeal of the diversity visa program.
Sec. 2304. World-wide levels and recapture of unused immigrant visas.
Sec. 2305. Reclassification of spouses and minor children of lawful permanent

residents as immediate relatives.
Sec. 2306. Numerical limitations on individual foreign states.

Sec. 2307. Allocation of immigrant visas.
Sec. 2308. V nonimmigrant visas.
Sec. 2309. Fianc ́ee and fianc ́e child status protection.
Sec. 2310. Equal treatment for all stepchildren.
Sec. 2311. International adoption harmonization.
Sec. 2312. Relief for orphans, widows, and widowers.
Sec. 2313. Discretionary authority with respect to removal, deportation or inad-

missibility of citizen and resident immediate family members. Sec. 2314. Waivers of inadmissibility.

Sec. 2315. Continuous presence.
Sec. 2316. Global health care cooperation.
Sec. 2317. Extension and improvement of the Iraqi special immigrant visa pro-

gram.
Sec. 2318. Extension and improvement of the Afghan special immigrant visa

program.
Sec. 2319. Elimination of sunsets for certain visa programs.

Subtitle D—Conrad State 30 and Physician Access

Sec. 2401. Conrad State 30 Program.
Sec. 2402. Retaining physicians who have practiced in medically underserved

communities.
Sec. 2403. Employment protections for physicians.

Sec. 2404. Allotment of Conrad 30 waivers.
Sec. 2405. Amendments to the procedures, definitions, and other provisions re-

lated to physician immigration. Subtitle E—Integration

Sec. 2501. Definitions.

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CHAPTER 1—CITIZENSHIP AND NEW AMERICANS

SUBCHAPTER A—OFFICE OF CITIZENSHIP AND NEW AMERICANS Sec. 2511. Office of Citizenship and New Americans.

SUBCHAPTER B—TASK FORCE ON NEW AMERICANS

Sec. 2521. Establishment. Sec. 2522. Purpose.
Sec. 2523. Membership. Sec. 2524. Functions.

CHAPTER 2—PUBLIC-PRIVATE PARTNERSHIP

Sec. 2531. Establishment of United States Citizenship Foundation. Sec. 2532. Funding.
Sec. 2533. Purposes.
Sec. 2534. Authorized activities.

Sec. 2535. Council of directors.
Sec. 2536. Powers.
Sec. 2537. Initial Entry, Adjustment, and Citizenship Assistance Grant Pro-

gram.
Sec. 2538. Pilot program to promote immigrant integration at State and local

levels.
Sec. 2539. Naturalization ceremonies.

CHAPTER 3—FUNDING Sec. 2541. Authorization of appropriations.

CHAPTER 4—REDUCE BARRIERS TO NATURALIZATION

Sec. 2551. Waiver of English requirement for senior new Americans. Sec. 2552. Filing of applications not requiring regular internet access.

TITLE III—INTERIOR ENFORCEMENT

Subtitle A—Employment Verification System

Sec. 3101. Unlawful employment of unauthorized aliens.
Sec. 3102. Increasing security and integrity of social security cards.
Sec. 3103. Increasing security and integrity of immigration documents.
Sec. 3104. Responsibilities of the Social Security Administration.
Sec. 3105. Improved prohibition on discrimination based on national origin or

citizenship status. Sec. 3106. Rulemaking.

Subtitle B—Protecting United States Workers

Sec. 3201. Protections for victims of serious violations of labor and employment law or crime.

Sec. 3202. Employment Verification System Education Funding. Sec. 3203. Directive to the United States Sentencing Commission. Sec. 3204. Confidentiality for victims of crime.

Subtitle C—Other Provisions

Sec. 3301. Funding.

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Sec. 3302. Effective date.
Sec. 3303. Mandatory exit system.
Sec. 3304. Identity-theft resistant manifest information for passengers, crew,

and non-crew onboard departing aircraft and vessels. Sec. 3305. Profiling.

Subtitle D—Asylum and Refugee Provisions

Sec. 3401. Time limits and efficient adjudication of genuine asylum claims. Sec. 3402. Refugee family protections.
Sec. 3403. Clarification on designation of certain refugees.
Sec. 3404. Asylum determination efficiency.

Sec. 3405. Stateless persons in the United States.
Sec. 3406. U visa accessibility.
Sec. 3407. Representation at overseas refugee interviews.

Subtitle E—Shortage of Immigration Court Resources for Removal Proceedings

Sec. 3501. Shortage of immigration court personnel for removal proceedings. Sec. 3502. Improving immigration court efficiency and reducing costs by in-

creasing access to legal information. Sec. 3503. Office of Legal Access Programs.

Sec. 3504. Codifying Board of Immigration Appeals.
Sec. 3505. Improved training for immigration judges and Board Members.
Sec. 3506. Improved resources and technology for immigration courts and

Board of Immigration Appeals.

Subtitle F—Prevention of Trafficking in Persons and Abuses Involving Workers Recruited Abroad

Sec. 3601. Definitions.
Sec. 3602. Disclosure.
Sec. 3603. Prohibition on discrimination.
Sec. 3604. Recruitment fees.
Sec. 3605. Registration.
Sec. 3606. Bonding requirement.
Sec. 3607. Maintenance of lists.
Sec. 3608. Amendment to the Immigration and Nationality Act. Sec. 3609. Responsibilities of Secretary of State.
Sec. 3610. Enforcement provisions.
Sec. 3611. Rule of construction.
Sec. 3612. Regulations.

Subtitle G—Interior Enforcement

Sec. 3701. Criminal street gangs.
Sec. 3702. Banning habitual drunk drivers from the United States.
Sec. 3703. Sexual abuse of a minor.
Sec. 3704. Illegal entry.
Sec. 3705. Reentry of removed alien.
Sec. 3706. Penalties related to removal.
Sec. 3707. Reform of passport, visa, and immigration fraud offenses.
Sec. 3708. Combating schemes to defraud aliens.
Sec. 3709. Inadmissibility and removal for passport and immigration fraud of-

fenses.
Sec. 3710. Directives related to passport and document fraud.

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Sec. 3711. Inadmissible aliens.
Sec. 3712. Organized and abusive human smuggling activities.
Sec. 3713. Preventing criminals from renouncing citizenship during wartime. Sec. 3714. Diplomatic security service.
Sec. 3715. Secure alternatives programs.
Sec. 3716. Oversight of detention facilities.
Sec. 3717. Procedures for bond hearings and filing of notices to appear.
Sec. 3718. Sanctions for countries that delay or prevent repatriation of their

nationals.
Sec. 3719. Gross violations of human rights.

TITLE IV—REFORMS TO NONIMMIGRANT VISA PROGRAMS

Subtitle A—Employment-based Nonimmigrant Visas

Sec. 4101. Market-based H–1B visa limits.
Sec. 4102. Employment authorization for dependents of employment-based non-

immigrants.
Sec. 4103. Eliminating impediments to worker mobility.

Sec. 4104. STEM Education and Training.
Subtitle B—H–1B Visa Fraud and Abuse Protections

CHAPTER 1—H–1B EMPLOYER APPLICATION REQUIREMENTS

Sec. 4211. Modification of application requirements.
Sec. 4212. Requirements for admission of nonimmigrant nurses in health pro-

fessional shortage areas. Sec. 4213. New application requirements.

Sec. 4214. Application review requirements.

CHAPTER 2— INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST H–1B EMPLOYERS

Sec. 4221. General modification of procedures for investigation and disposition. Sec. 4222. Investigation, working conditions, and penalties.
Sec. 4223. Initiation of investigations.
Sec. 4224. Information sharing.

CHAPTER 3—OTHER PROTECTIONS

Sec. 4231. Posting available positions through the Department of Labor. Sec. 4232. H–1B government authority and requirements.
Sec. 4233. Requirements for information for H–1B and L nonimmigrants. Sec. 4234. Filing fee for H–1B-dependent employers.

Sec. 4235. Providing premium processing of employment-based visa petitions. Sec. 4236. Technical correction.
Sec. 4237. Application.

Subtitle C—L Visa Fraud and Abuse Protections

Sec. 4301. Prohibition on outplacement of L nonimmigrants.
Sec. 4302. L employer petition requirements for employment at new offices. Sec. 4303. Cooperation with Secretary of State.
Sec. 4304. Limitation on employment of L nonimmigrants.
Sec. 4305. Filing fee for L nonimmigrants.
Sec. 4306. Investigation and disposition of complaints against L nonimmigrant

employers.

EAS13500 S.L.C. 7

Sec. 4307. Penalties.
Sec. 4308. Prohibition on retaliation against L nonimmigrants. Sec. 4309. Reports on L nonimmigrants.
Sec. 4310. Application.
Sec. 4311. Report on L blanket petition process.

Subtitle D—Other Nonimmigrant Visas

Sec. 4401. Nonimmigrant visas for students.
Sec. 4402. Classification for specialty occupation workers from free trade coun-

tries. Sec. 4403. E–visa reform.

Sec. 4404. Other changes to nonimmigrant visas.
Sec. 4405. Treatment of nonimmigrants during adjudication of application. Sec. 4406. Nonimmigrant elementary and secondary school students.

Subtitle E—JOLT Act

Sec. 4501. Short titles.
Sec. 4502. Premium processing.
Sec. 4503. Encouraging Canadian tourism to the United States.
Sec. 4504. Retiree visa.
Sec. 4505. Incentives for foreign visitors visiting the United States during low

peak seasons.
Sec. 4506. Visa waiver program enhanced security and reform.

Sec. 4507. Expediting entry for priority visitors. Sec. 4508. Visa processing.

Subtitle F—Reforms to the H–2B Visa Program

Sec. 4601. Extension of returning worker exemption to H–2B numerical limita- tion.

Sec. 4602. Other requirements for H–2B employers.
Sec. 4603. Nonimmigrants participating in relief operations.
Sec. 4604. Nonimmigrants performing maintenance on common carriers.

Subtitle G—W Nonimmigrant Visas

Sec. 4701. Bureau of Immigration and Labor Market Research. Sec. 4702. Nonimmigrant classification for W nonimmigrants. Sec. 4703. Admission of W nonimmigrant workers.

Subtitle H—Investing in New Venture, Entrepreneurial Startups, and Technologies

Sec. 4801. Nonimmigrant INVEST visas. Sec. 4802. INVEST immigrant visa.
Sec. 4803. Administration and oversight.

1 SEC. 2. STATEMENT OF CONGRESSIONAL FINDINGS.

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Congress makes the following findings:
(1) The passage of this Act recognizes that the

primary tenets of its success depend on securing the

EAS13500 S.L.C. 8

  1. 1  sovereignty of the United States of America and es-
  2. 2  tablishing a coherent and just system for integrating
  3. 3  those who seek to join American society.
  4. 4  (2) We have a right, and duty, to maintain and
  5. 5  secure our borders, and to keep our country safe and
  6. 6  prosperous. As a nation founded, built and sustained
  7. 7  by immigrants we also have a responsibility to har-
  8. 8  ness the power of that tradition in a balanced way
  9. 9  that secures a more prosperous future for America.
  10. 10  (3) We have always welcomed newcomers to the
  11. 11  United States and will continue to do so. But in
  12. 12  order to qualify for the honor and privilege of even-
  13. 13  tual citizenship, our laws must be followed. The
  14. 14  world depends on America to be strong — economi-
  15. 15  cally, militarily and ethically. The establishment of a
  16. 16  stable, just and efficient immigration system only
  17. 17  supports those goals. As a nation, we have the right
  18. 18  and responsibility to make our borders safe, to es-
  19. 19  tablish clear and just rules for seeking citizenship, to
  20. 20  control the flow of legal immigration, and to elimi-
  21. 21  nate illegal immigration, which in some cases has be-
  22. 22  come a threat to our national security.
  23. 23  (4) All parts of this Act are premised on the
  24. 24  right and need of the United States to achieve these

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goals, and to protect its borders and maintain its

sovereignty.

SEC. 3. EFFECTIVE DATE TRIGGERS.

(a) DEFINITIONS.—In this section:
(1) COMMISSION.—The term ‘‘Commission’’

means the Southern Border Security Commission es- tablished pursuant to section 4.

(2) COMPREHENSIVE SOUTHERN BORDER SECU- RITY STRATEGY.—The term ‘‘Comprehensive South- ern Border Security Strategy’’ means the strategy established by the Secretary pursuant to section 5(a) to achieve and maintain an effectiveness rate of 90 percent or higher in all high risk border sectors.

(3) EFFECTIVE CONTROL.—The term ‘‘effective control’’ means the ability to achieve and maintain, in a Border Patrol sector—

(A) persistent surveillance; and

(B) an effectiveness rate of 90 percent or higher.

(4) EFFECTIVENESS RATE.—The ‘‘effectiveness rate’’, in the case of a border sector, is the percent- age calculated by dividing the number of apprehen- sions and turn backs in the sector during a fiscal year by the total number of illegal entries in the sec- tor during such fiscal year.

EAS13500 S.L.C. 10

  1. 1  (5) HIGH RISK BORDER SECTOR.—The term
  2. 2  ‘‘high risk border sector’’ means a border sector in
  3. 3  which more than 30,000 individuals were appre-
  4. 4  hended during the most recent fiscal year.
  5. 5  (6) SOUTHERN BORDER.—The term ‘‘Southern
  6. 6  border’’ means the international border between the
  7. 7  United States and Mexico.
  8. 8  (7) SOUTHERN BORDER FENCING STRATEGY.—
  9. 9  The term ‘‘Southern Border Fencing Strategy’’
  10. 10  means the strategy established by the Secretary pur-
  11. 11  suant to section 5(b) that identifies where fencing,
  12. 12  including double-layer fencing, should be deployed
  13. 13  along the Southern border.
  14. 14  (b) BORDER SECURITY GOAL.—The Department’s
  15. 15  border security goal is to achieve and maintain effective
  16. 16  control in high risk border sectors along the Southern bor-
  17. 17  der.
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(c) TRIGGERS.—
(1) PROCESSING OF APPLICATIONS FOR REG-

ISTERED PROVISIONAL IMMIGRANT STATUS.—Not earlier than the date upon which the Secretary has submitted to Congress the Notice of Commencement of implementation of the Comprehensive Southern Border Security Strategy and the Southern Border Fencing Strategy under section 5 of this Act, the

EAS13500 S.L.C. 11

  1. 1  Secretary may commence processing applications for
  2. 2  registered provisional immigrant status pursuant to
  3. 3  section 245B of the Immigration and Nationality
  4. 4  Act, as added by section 2101 of this Act.
  5. 5  (2) ADJUSTMENT OF STATUS OF REGISTERED
  6. 6  PROVISIONAL IMMIGRANTS.—
  7. 7  (A) IN GENERAL.—Except as provided in
  8. 8  subparagraph (B), the Secretary may not ad-
  9. 9  just the status of aliens who have been granted
  10. 10  registered provisional immigrant status, except
  11. 11  for aliens granted agriculture card status under
  12. 12  section 2201 of this Act or described in section
  13. 13  245D(b) of the Immigration and Nationality
  14. 14  Act, until the Secretary, after consultation with
  15. 15  the Comptroller General of the United States,
  16. 16  submits to the President and Congress a writ-
  17. 17  ten certification that—
  18. 18  (i) the Comprehensive Southern Bor-
  19. 19  der Security Strategy has been submitted
  20. 20  to Congress and is substantially deployed
  21. 21  and substantially operational;
  22. 22  (ii) the Southern Border Fencing
  23. 23  Strategy has been submitted to Congress,
  24. 24  implemented, and is substantially com-
  25. 25  pleted;

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  1. 1  (iii) the Secretary has implemented a
  2. 2  mandatory employment verification system
  3. 3  to be used by all employers to prevent un-
  4. 4  authorized workers from obtaining employ-
  5. 5  ment in the United States; and
  6. 6  (iv) the Secretary is using an elec-
  7. 7  tronic exit system at air and sea ports of
  8. 8  entry that operates by collecting machine-
  9. 9  readable visa or passport information from
  10. 10  air and vessel carriers.
  11. 11  (B) EXCEPTION.—The Secretary shall per-
  12. 12  mit registered provisional immigrants to apply
  13. 13  for an adjustment to lawful permanent resident
  14. 14  status if—
  15. 15  (i)(I) litigation or a force majeure has
  16. 16  prevented one or more of the conditions
  17. 17  described in clauses (i) through (iv) of sub-
  18. 18  paragraph (A) from being implemented; or
  19. 19  (II) the implementation of subpara-
  20. 20  graph (A) has been held unconstitutional
  21. 21  by the Supreme Court of the United States
  22. 22  or the Supreme Court has granted certio-
  23. 23  rari to the litigation on the constitu-
  24. 24  tionality of implementation of subpara-
  25. 25  graph (A); and

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  1. 1  (ii) 10 years have elapsed since the
  2. 2  date of the enactment of this Act.
  3. 3  (d) WAIVER OF LEGAL REQUIREMENTS NECESSARY
  4. 4  FOR IMPROVEMENT AT BORDERS.—Notwithstanding any
  5. 5  other provision of law, the Secretary is authorized to waive
  6. 6  all legal requirements that the Secretary determines to be
  7. 7  necessary to ensure expeditious construction of the bar-
  8. 8  riers, roads, or other physical tactical infrastructure need-
  9. 9  ed to fulfill the requirements under this section. Any de-
  10. 10  termination by the Secretary under this section shall be
  11. 11  effective upon publication in the Federal Register.
  12. 12  (e) FEDERAL COURT REVIEW.—
  13. 13  (1) IN GENERAL.—The district courts of the
  14. 14  United States shall have exclusive jurisdiction to
  15. 15  hear all causes or claims arising from any action un-
  16. 16  dertaken, or any decision made, by the Secretary
  17. 17  under subsection (d). A cause of action or claim may
  18. 18  only be brought alleging a violation of the Constitu-
  19. 19  tion of the United States. The court does not have
  20. 20  jurisdiction to hear any claim not specified in this
  21. 21  paragraph.
  22. 22  (2) TIME FOR FILING COMPLAINT.—If a cause
  23. 23  or claim under paragraph (1) is not filed within 60
  24. 24  days after the date of the contested action or deci-
  25. 25  sion by the Secretary, the claim shall be barred.

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(3) APPELLATE REVIEW.—An interlocutory or final judgment, decree, or order of the district court may be reviewed only upon petition for a writ of cer- tiorari to the Supreme Court of the United States.

SEC. 4. SOUTHERN BORDER SECURITY COMMISSION.

(a) ESTABLISHMENT.—If Secretary certifies that the Department has not achieved effective control in all high risk border sectors during any fiscal year beginning before the date that is 5 years after the date of the enactment of this Act, not later than 60 days after the date of the certification there shall be established a commission to be known as the ‘‘Southern Border Security Commission’’ (referred to in this section as the ‘‘Commission’’).

(b) COMPOSITION.—
(1) IN GENERAL.—The Commission shall be

composed of—
(A) 2 members who shall be appointed by

the President;
(B) 2 members who shall be appointed by

the President pro tempore of the Senate, of which—

(i) 1 shall be appointed upon the rec- ommendation of the leader in the Senate of the political party that is not the political party of the President; and

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(ii) 1 shall be appointed upon the rec- ommendation of the leader in the Senate of the other political party;
(C) 2 members who shall be appointed by

the Speaker of the House of Representatives, of which—

(i) 1 shall be appointed upon the rec- ommendation of the leader in the House of Representatives of the political party that is not the political party of the President; and

(ii) 1 shall be appointed upon the rec- ommendation of the leader in the House of Representatives of the other political party; and

(D) 4 members, consisting of 1 member from each of the States along the Southern bor- der, who shall be—

(i) the Governor of such State; or

(ii) appointed by the Governor of each such State.

(2) QUALIFICATION FOR APPOINTMENT.—Ap- pointed members of the Commission shall be distin- guished individuals noted for their knowledge and

EAS13500 S.L.C. 16

  1. 1  experience in the field of border security at the Fed-
  2. 2  eral, State, or local level.
  3. 3  (3) TIME OF APPOINTMENT.—The appoint-
  4. 4  ments required by paragraph (1) shall be made not
  5. 5  later than 60 days after the Secretary makes a cer-
  6. 6  tification described in subsection (a).
  7. 7  (4) CHAIR.—At the first meeting of the Com-
  8. 8  mission, a majority of the members of the Commis-
  9. 9  sion present and voting shall elect the Chair of the
  10. 10  Commission.
  11. 11  (5) VACANCIES.—Any vacancy of the Commis-
  12. 12  sion shall not affect its powers, but shall be filled in
  13. 13  the manner in which the original appointment was
  14. 14  made.
  15. 15  (6) RULES.—The Commission shall establish
  16. 16  the rules and procedures of the Commission which
  17. 17  shall require the approval of at least 6 members of
  18. 18  the Commission.
  19. 19  (c) DUTIES.—The Commission’s primary responsi-
  20. 20  bility shall be making recommendations to the President,
  21. 21  the Secretary, and Congress on policies to achieve and
  22. 22  maintain the border security goal specified in section 3(b)
  23. 23  by achieving and maintaining—

EAS13500 S.L.C. 17

  1. 1  (1) the capability to engage in, and to engage
  2. 2  in, persistent surveillance in high risk border sectors
  3. 3  along the Southern border; and
  4. 4  (2) an effectiveness rate of 90 percent or higher
  5. 5  in all high risk border sectors along the Southern
  6. 6  border.
  7. 7  (d) REPORT.—Not later than 180 days after the end
  8. 8  of the 5-year period described in subsection (a), the Com-
  9. 9  mission shall submit to the President, the Secretary, and
  10. 10  Congress a report setting forth specific recommendations
  11. 11  for policies for achieving and maintaining the border secu-
  12. 12  rity goals specified in subsection (c). The report shall in-
  13. 13  clude, at a minimum, recommendations for the personnel,
  14. 14  infrastructure, technology, and other resources required to
  15. 15  achieve and maintain an effectiveness rate of 90 percent
  16. 16  or higher in all high risk border sectors.
  17. 17  (e) TRAVEL EXPENSES.—Members of the Commis-
  18. 18  sion shall be allowed travel expenses, including per diem
  19. 19  in lieu of subsistence rates authorized for employees of
  20. 20  agencies under subchapter I of chapter 57 of title 5,
  21. 21  United States Code, while away from their homes or reg-
  22. 22  ular places of business in the performance of services for
  23. 23  the Commission.
  24. 24  (f) ADMINISTRATIVE SUPPORT.—The Secretary shall
  25. 25  provide the Commission such staff and administrative

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services as may be necessary and appropriate for the Com- mission to perform its functions. Any employee of the ex- ecutive branch of Government may be detailed to the Com- mission without reimbursement to the agency of that em- ployee and such detail shall be without interruption or loss of civil service or status or privilege.

(g) COMPTROLLER GENERAL REVIEW.—The Comp- troller General of the United States shall review the rec- ommendations in the report submitted under subsection (d) in order to determine—

(1) whether any of the recommendations are likely to achieve effective control in all high risk bor- der sectors;

(2) which recommendations are most likely to achieve effective control; and

(3) whether such recommendations are feasible within existing budget constraints.
(h) TERMINATION.—The Commission shall terminate

30 days after the date on which the report is submitted under subsection (d).
SEC. 5. COMPREHENSIVE SOUTHERN BORDER SECURITY

STRATEGY AND SOUTHERN BORDER FENC-

ING STRATEGY.

(a) COMPREHENSIVE SOUTHERN BORDER SECURITY STRATEGY.—

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(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Sec- retary shall submit a strategy, to be known as the ‘‘Comprehensive Southern Border Security Strat- egy’’, for achieving and maintaining effective control between the ports of entry in all high risk border sectors along the Southern border, to—

(A) the Committee on Homeland Security and Governmental Affairs of the Senate;

(B) the Committee on Homeland Security of the House of Representatives;

(C) the Committee on Appropriations of the Senate;

(D) the Committee on Appropriations of the House of Representatives; and

(E) the Comptroller General of the United States.

(2) ELEMENTS.—The Comprehensive Southern Border Security Strategy shall specify—

(A) the priorities that must be met for the strategy to be successfully executed;

(B) the capabilities that must be obtained to meet each of the priorities referred to in sub- paragraph (A), including—

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(i) surveillance and detection capabili- ties developed or used by the Department of Defense to increase situational aware- ness; and

(ii) the requirement for stationing suf- ficient Border Patrol agents and Customs and Border Protection officers at and be- tween ports of entry along the Southern border; and
(C) the resources, including personnel, in-

frastructure, and technology that must be pro- cured and successfully deployed to obtain the capabilities referred to in subparagraph (B), in- cluding—

(i) fixed, mobile, and agent portable surveillance systems; and

(ii) unarmed, unmanned aerial sys- tems and unarmed, fixed-wing aircraft and necessary and qualified staff and equip- ment to fully utilize such systems.

(3) ADDITIONAL ELEMENTS REGARDING EXE- CUTION.—The Comprehensive Southern Border Se- curity Strategy shall describe—

(A) how the resources referred to in para- graph (2)(C) will be properly aligned with the

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priorities referred to in paragraph (2)(A) to en- sure that the strategy will be successfully exe- cuted;

(B) the interim goals that must be accom- plished to successfully implement the strategy; and

(C) the schedule and supporting milestones under which the Department will accomplish the interim goals referred to in subparagraph (B).
(4) IMPLEMENTATION.—

(A) IN GENERAL.—The Secretary shall commence the implementation of the Com- prehensive Southern Border Security Strategy immediately after submitting the strategy under paragraph (1).

(B) NOTICE OF COMMENCEMENT.—Upon commencing the implementation of the strategy, the Secretary shall submit a notice of com- mencement of such implementation to—

(i) Congress; and

(ii) the Comptroller General of the United States.

(5) SEMIANNUAL REPORTS.—

EAS13500 S.L.C. 22

  1. 1  (A) IN GENERAL.—After the Comprehen-
  2. 2  sive Southern Border Security Strategy is sub-
  3. 3  mitted under paragraph (1),the Secretary shall
  4. 4  submit, not later than May 15 and November
  5. 5  15 of each year, a report on the status of the
  6. 6  Department’s implementation of the strategy
  7. 7  to—
  8. 8  (i) the Committee on Homeland Secu-
  9. 9  rity and Governmental Affairs of the Sen-
  10. 10  ate;
  11. 11  (ii) the Committee on Homeland Se-
  12. 12  curity of the House of Representatives;
  13. 13  (iii) the Committee on Appropriations
  14. 14  of the Senate; and
  15. 15  (iv) the Committee on Appropriations
  16. 16  of the House of Representatives.
  17. 17  (B) ELEMENTS.—Each report submitted
  18. 18  under subparagraph (A) shall include—
  19. 19  (i) a detailed description of the steps
  20. 20  the Department has taken, or plans to
  21. 21  take, to execute the strategy submitted
  22. 22  under paragraph (1), including the
  23. 23  progress made toward achieving the in-
  24. 24  terim goals and milestone schedule estab-

EAS13500 S.L.C. 23

  1. 1  lished pursuant to subparagraphs (B) and
  2. 2  (C) of paragraph (3);
  3. 3  (ii) a detailed description of—
  4. 4  (I) any impediments identified in
  5. 5  the Department’s efforts to execute
  6. 6  the strategy;
  7. 7  (II) the actions the Department
  8. 8  has taken, or plans to take, to address
  9. 9  such impediments; and
  10. 10  (III) any additional measures de-
  11. 11  veloped by the Department to meas-
  12. 12  ure the state of security along the
  13. 13  Southern border; and
  14. 14  (iii) for each Border Patrol sector
  15. 15  along the Southern border—
  16. 16  (I) the effectiveness rate for each
  17. 17  individual Border Patrol sector and
  18. 18  the aggregated effectiveness rate;
  19. 19  (II) the number of recidivist ap-
  20. 20  prehensions, sorted by Border Patrol
  21. 21  sector; and
  22. 22  (III) the recidivism rate for all
  23. 23  unique subjects that received a crimi-
  24. 24  nal consequence through the Con-
  25. 25  sequence Delivery System process.

EAS13500 S.L.C. 24

  1. 1  (b) SOUTHERN BORDER FENCING STRATEGY.—
  2. 2  (1) ESTABLISHMENT.—Not later than 180 days
  3. 3  after the date of the enactment of this Act, the Sec-
  4. 4  retary shall establish a strategy, to be known as the
  5. 5  ‘‘Southern Border Fencing Strategy’’, to identify
  6. 6  where fencing, including double-layer fencing, infra-
  7. 7  structure, and technology should be deployed along
  8. 8  the Southern border.
  9. 9  (2) SUBMITTAL.—The Secretary shall submit
  10. 10  the Southern Border Fencing Strategy to Congress
  11. 11  and the Comptroller General of the United States
  12. 12  for review.
  13. 13  (3) NOTICE OF COMMENCEMENT.—Upon com-
  14. 14  mencing the implementation of the Southern Border
  15. 15  Fencing Strategy, the Secretary shall submit a no-
  16. 16  tice of commencement of the implementation of the
  17. 17  Strategy to Congress and the Comptroller General of
  18. 18  the United States.
  19. 19  SEC. 6. COMPREHENSIVE IMMIGRATION REFORM TRUST
  20. 20  FUND.
  21. 21  (a) COMPREHENSIVE IMMIGRATION REFORM TRUST
  22. 22  FUND.—
  23. 23  (1) ESTABLISHMENT.—There is established in
  24. 24  the Treasury a separate account, to be known as the
  25. 25  Comprehensive Immigration Reform Trust Fund

EAS13500 S.L.C. 25

  1. 1  (referred to in this section as the ‘‘Trust Fund’’),
  2. 2  consisting of—
  3. 3  (A) amounts transferred from the general
  4. 4  fund of the Treasury under paragraph (2)(A);
  5. 5  and
  6. 6  (B) proceeds from the fees described in
  7. 7  paragraph (2)(B).
  8. 8  (2) DEPOSITS.—
  9. 9  (A) INITIAL FUNDING.—On the later of
  10. 10  the date of the enactment of this Act or Octo-
  11. 11  ber 1, 2013, $6,500,000,000 shall be trans-
  12. 12  ferred from the general fund of the Treasury to
  13. 13  the Trust Fund.
  14. 14  (B) START-UP COSTS.—On the later of the
  15. 15  date of the enactment of this Act or October 1,
  16. 16  2013, $100,000,000 is hereby appropriated
  17. 17  from the general fund of the Treasury, to re-
  18. 18  main available until September 30, 2015, to the
  19. 19  Department to pay for one-time and startup
  20. 20  costs necessary to implement this Act,
  21. 21  (C) ONGOING FUNDING.—In addition to
  22. 22  the funding described in subparagraph (A), the
  23. 23  following amounts shall be deposited in the
  24. 24  trust fund:

EAS13500 S.L.C. 26

  1. 1  (i) ELECTRONIC TRAVEL AUTHORIZA-
  2. 2  TION SYSTEM FEES.—75 percent of the
  3. 3  fees collected under section 217(h)(3)(B)
  4. 4  of the Immigration and Nationality Act (8
  5. 5  U.S.C. 1187(h)(3)).
  6. 6  (ii) J–1 VISA MITIGATION FEES.—
  7. 7  Mitigation fees collected from employers
  8. 8  who employ aliens described in section
  9. 9  101(a)(15)(J) of the Immigration and Na-
  10. 10  tionality Act (8 U.S.C. 1101(a)(15)(J))
  11. 11  through the Summer Work Travel Pro-
  12. 12  gram.
  13. 13  (iii) H–1B VISA FEES.—Fees collected
  14. 14  from employers hiring nonimmigrants de-
  15. 15  scribed in section 101(a)(15)(H)(i)(b) of
  16. 16  the Immigration and Nationality Act (8
  17. 17  U.S.C. 1101 (a)(15)(H)(i)(b)).
  18. 18  (iv) L–1 VISA FEES.—Fees collected
  19. 19  under section 214(c)(12) of the Immigra-
  20. 20  tion and Nationality Act (8 U.S.C.
  21. 21  1184(c)(12) from employers hiring a non-
  22. 22  immigrant described in section
  23. 23  101(a)(15)(L) of such Act (8 U.S.C.
  24. 24  1101(a)(15)(L)).

EAS13500 S.L.C. 27

  1. 1  (v) H–2B VISA FEES.—Fees collected
  2. 2  from employers hiring nonimmigrants de-
  3. 3  scribed in section 101(a)(15)(H)(ii)(b) of
  4. 4  the Immigration and Nationality Act (8
  5. 5  U.S.C. 1101 (a)(15)(H)(i i)(b)) in the
  6. 6  amount of $500 under section 214 of the
  7. 7  Immigration and Nationality Act (8 U.S.C.
  8. 8  1184).
  9. 9  (vi) F–1 VISA FEES.—Fees collected
  10. 10  for nonimmigrants admitted under section
  11. 11  101(a)(15)(F)(i) of the Immigration and
  12. 12  Nationality Act (8 U.S.C.
  13. 13  1101(a)(15)(F)(i)) in the amount of $500
  14. 14  under section 214 of the Immigration and
  15. 15  Nationality Act (8 U.S.C. 1184)
  16. 16  (vii) VISITOR VISA FEES.—Amend
  17. 17  Section 214 to add a $5 fee for visitor
  18. 18  visas 101(a)(15)(B).
  19. 19  (viii) MERIT SYSTEM GREEN CARD
  20. 20  FEES.—Include the fee charged in the doc-
  21. 21  ument to get a ‘‘merit system’’ green card.
  22. 22  (ix) OTHER ALIENS.—An alien who is
  23. 23  allocated a visa under section 211 shall
  24. 24  pay a fee of $1,500.

EAS13500 S.L.C. 28

  1. 1  (x) PENALTY.—Penalties collected
  2. 2  from applicants for provisional immigrant
  3. 3  status under section 245B(c)(9)(C) of the
  4. 4  Immigration and Nationality Act, as added
  5. 5  by section 2101 of this Act.
  6. 6  (xi) H-1B NONIMMIGRANT DEPEND-
  7. 7  ENT EMPLOYER FEES.—Fees collected
  8. 8  under section 423(a)(2).
  9. 9  (xii) H–1B OUTPLACEMENT FEE.—
  10. 10  Fees collected under section
  11. 11  212(n)(1)(F)(ii) of the Immigration and
  12. 12  Nationality Act, as amended by section
  13. 13  4201(d).
  14. 14  (xiii) L NONIMMIGRANT DEPENDENT
  15. 15  EMPLOYER FEES.—Fees collected under
  16. 16  section 435(a)(2).
  17. 17  (xiv) RETIREE VISA FEES.—Fees col-
  18. 18  lected under section 101(a)(15)(Y) of the
  19. 19  Immigration and Nationality Act (8 U.S.C.
  20. 20  1101(a)(15)(Y)).
  21. 21  (xv) NONIMMIGRANTS PERFORMING
  22. 22  MAINTENANCE ON COMMON CARRIERS.—
  23. 23  Fees collected under subsection (z) of sec-
  24. 24  tion 214 of the Immigration and Nation-

EAS13500 S.L.C. 29

  1. 1  ality Act (8 U.S.C. 1184), as added by sec-
  2. 2  tion 4604.
  3. 3  (3) USE OF FUNDS.—
  4. 4  (A) INITIAL FUNDING.—Of the amounts
  5. 5  transferred to the Trust Fund pursuant to
  6. 6  paragraph (2)(A)—
  7. 7  (i) $3,000,000,000 shall be made
  8. 8  available to the Secretary, during the 5-
  9. 9  year period beginning on the date of the
  10. 10  enactment of this Act, to carry out the
  11. 11  Comprehensive Southern Border Security
  12. 12  Strategy;
  13. 13  (ii) $2,000,000,000 shall be made
  14. 14  available to the Secretary, during the 10-
  15. 15  year period beginning on the date of the
  16. 16  enactment of this Act, to carry out pro-
  17. 17  grams, projects, and activities rec-
  18. 18  ommended by the Commission pursuant to
  19. 19  section 4(c) to achieve and maintain the
  20. 20  border security goal specified in section
  21. 21  3(b); and
  22. 22  (iii) $1,500,000,000 shall be made
  23. 23  available to the Secretary, during the 5-
  24. 24  year period beginning on the date of the
  25. 25  enactment of this Act, to procure and de-

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ploy additional fencing in high-risk border sectors in accordance with the Southern Border Fencing Strategy established pur- suant to section 5(b).

(B) ONGOING FUNDING.—Of the amounts deposited into the Trust Fund pursuant to paragraph (2)(B)—

(i) $50,000,000 shall be available dur- ing each of the fiscal years 2014 through 2018 to carry out the activities described in section 1104(a)(1); and

(ii) $50,000,000 shall be available during each of the fiscal years 2014 through 2018 to carry out the activities described in section 1104(b).

(b) LIMITATION ON COLLECTION.—No fee described in paragraph (2)(B) may be collected under this Act ex- cept to the extent that the expenditure of the fee to pay the costs of activities and services for which the fee is im- posed is provided for in advance in an appropriations Act.

(c) RECEIPTS COLLECTED AS OFFSETTING RE- CEIPTS.—Notwithstanding section 3302 of title 31, United States Code, any fee collected under this Act—

(1) shall be credited as offsetting collections to the Trust Fund;

EAS13500 S.L.C. 31

  1. 1  (2) shall be available for expenditure only to
  2. 2  pay the costs of activities and services authorized
  3. 3  from the Trust Fund; and
  4. 4  (3) shall remain available until expended.
  5. 5  (d) DETERMINATION OF BUDGETARY EFFECTS.—
  6. 6  (1) EMERGENCY DESIGNATION FOR CONGRES-
  7. 7  SIONAL ENFORCEMENT.—In the Senate, amounts
  8. 8  made available under this section are designated as
  9. 9  an emergency requirement pursuant to section
  10. 10  403(a) of S. Con. Res. 13 (111th Congress), the
  11. 11  concurrent resolution on the budget for fiscal year
  12. 12  2010.
  13. 13  (2) EMERGENCY DESIGNATION FOR STATUTORY
  14. 14  PAYGO.—Amounts made available under this section
  15. 15  are designated as an emergency requirement under
  16. 16  section 4(g) of the Statutory Pay-As-You-Go Act of
  17. 17  2010 (Public Law 111–139; 2 U.S.C. 933(g)).
  18. 18  SEC. 7. REFERENCE TO THE IMMIGRATION AND NATION-

19 20

  1. 21  this
  2. 22  of an amendment to, or repeal of, a section or other provi-
  3. 23  sion, the reference shall be considered to be made to a
  4. 24  section or other provision of the Immigration and Nation-
  5. 25  ality Act (8 U.S.C. 1101 et seq.).

ALITY ACT.

Except as otherwise expressly provided, whenever in Act an amendment or repeal is expressed in terms

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SEC. 8. DEFINITIONS.

In this Act:
(1) DEPARTMENT.—Except as otherwise pro-

vided, the term ‘‘Department’’ means the Depart- ment of Homeland Security.

(2) SECRETARY.—Except as otherwise provided, the term ‘‘Secretary’’ means the Secretary of Home- land Security.

TITLE I—BORDER SECURITY SEC. 1101. DEFINITIONS.

In this title:
(1) RURAL, HIGH-TRAFFICKED AREAS.—The

term ‘‘rural, high-trafficked areas’’ means rural areas through which drugs and undocumented aliens are routinely smuggled, as designated by the Com- missioner of U.S. Customs and Border Protection.

(2) SOUTHERN BORDER.—The term ‘‘Southern border’’ means the international border between the United States and Mexico.

(3) SOUTHWEST BORDER REGION.—The term ‘‘Southwest border region’’ means the area in the United States that is within 100 miles of the South- ern border.

EAS13500 S.L.C. 33

  1. 1  SEC. 1102. ADDITIONAL U.S. CUSTOMS AND BORDER PRO-
  2. 2  TECTION OFFICERS.
  3. 3  (a) IN GENERAL.—Not later than September 30,
  4. 4  2017, the Secretary shall increase the number of trained
  5. 5  U.S. Customs and Border Protection officers by 3,500,
  6. 6  compared to the number of such officers as of the date
  7. 7  of the enactment of this Act. The Secretary shall make
  8. 8  progress in increasing such number of officers during each
  9. 9  of the fiscal years 2014 through 2017.
  10. 10  (b) CONSTRUCTION.—Nothing in subsection (a) may
  11. 11  be interpreted to preclude the Secretary from reassigning
  12. 12  or stationing U.S. Customs and Border protection officers
  13. 13  and agents from the Northern border to the Southern bor-
  14. 14  der.
  15. 15  (c) FUNDING.—There are authorized to be appro-
  16. 16  priated, from the Comprehensive Immigration Reform
  17. 17  Trust Fund established under section 6(a)(1), such sums
  18. 18  as may be necessary to carry out this section.
  19. 19  SEC. 1103. NATIONAL GUARD SUPPORT TO SECURE THE
  20. 20  SOUTHERN BORDER.
  21. 21  (a) IN GENERAL.—With the approval of the Sec-
  22. 22  retary of Defense, the Governor of a State may order any
  23. 23  units or personnel of the National Guard of such State
  24. 24  to perform operations and missions under section 502(f)
  25. 25  of title 32, United States Code, in the Southwest Border

EAS13500 S.L.C. 34

  1. 1  region for the purposes of assisting U.S. Customs and
  2. 2  Border Protection in securing the Southern border.
  3. 3  (b) ASSIGNMENT OF OPERATIONS AND MISSIONS.—
  4. 4  (1) IN GENERAL.—National Guard units and
  5. 5  personnel deployed under subsection (a) may be as-
  6. 6  signed such operations and missions specified in sub-
  7. 7  section (c) as may be necessary to secure the South-
  8. 8  ern border.
  9. 9  (2) NATURE OF DUTY.—The duty of National
  10. 10  Guard personnel performing operations and missions
  11. 11  described in paragraph (1) shall be full-time duty
  12. 12  under title 32, United States Code.
  13. 13  (c) RANGE OF OPERATIONS AND MISSIONS.—The op-
  14. 14  erations and missions assigned under subsection (b) shall
  15. 15  include the temporary authority—
  16. 16  (1) to construct fencing, including double-layer
  17. 17  and triple-layer fencing;
  18. 18  (2) to increase ground-based mobile surveillance
  19. 19  systems;
  20. 20  (3) to deploy additional unmanned aerial sys-
  21. 21  tems and manned aircraft sufficient to maintain
  22. 22  continuous surveillance of the Southern Border;
  23. 23  (4) to deploy and provide capability for radio
  24. 24  communications interoperability between U.S. Cus-

EAS13500 S.L.C. 35

  1. 1  toms and Border Protection and State, local, and
  2. 2  tribal law enforcement agencies;
  3. 3  (5) to construct checkpoints along the Southern
  4. 4  border to bridge the gap to long-term permanent
  5. 5  checkpoints; and
  6. 6  (6) to provide assistance to U.S. Customs and
  7. 7  Border Protection, particularly in rural, high-traf-
  8. 8  ficked areas, as designated by the Commissioner of
  9. 9  U.S. Customs and Border Protection.
  10. 10  (d) MATERIEL AND LOGISTICAL SUPPORT.—The
  11. 11  Secretary of Defense shall deploy such materiel and equip-
  12. 12  ment and logistical support as may be necessary to ensure
  13. 13  success of the operations and missions conducted by the
  14. 14  National Guard under this section.
  15. 15  (e) EXCLUSION FROM NATIONAL GUARD PER-
  16. 16  SONNEL STRENGTH LIMITATIONS.—National Guard per-
  17. 17  sonnel deployed under subsection (a) shall not be included
  18. 18  in—
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(1) the calculation to determine compliance with limits on end strength for National Guard per- sonnel; or

(2) limits on the number of National Guard personnel that may be placed on active duty for operational support under section 115 of title 10, United States Code.

EAS13500 S.L.C. 36

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SEC. 1104. ENHANCEMENT OF EXISTING BORDER SECURITY OPERATIONS.

(a) BORDER CROSSING PROSECUTIONS.—
(1) IN GENERAL.—The Secretary, acting through the Commissioner, U.S. Customs and Bor-

der Protection, shall—
(A) increase the number of border crossing

prosecutions in the Tucson Sector of the South- west Border region to up to 210 prosecutions per day by increasing the funding available for—

(i) attorneys and administrative sup- port staff in the Tucson United States At- torney Office;

(ii) support staff and interpreters in the Tucson Court Clerks Office;

(iii) pre-trial services;

(iv) activities of the Tucson Federal Public Defenders Office; and

(v) additional marshals in the Tucson United States Marshals Office to perform intake, coordination, transportation, and court security; and
(B) reimburse State, local, and tribal law

enforcement agencies for any detention costs re-

EAS13500 S.L.C. 37

  1. 1  lated to the border crossing prosecutions carried
  2. 2  out pursuant to subparagraph (A).
  3. 3  (2) ADDITIONAL MAGISTRATE JUDGES TO AS-
  4. 4  SIST WITH INCREASED CASELOAD.—The chief judge
  5. 5  of the United States District Court for the District
  6. 6  of Arizona is authorized to appoint additional full-
  7. 7  time magistrate judges, who, consistent with the
  8. 8  Constitution and laws of the United States, shall
  9. 9  have the authority to hear cases and controversies in
  10. 10  the judicial district in which the respective judges
  11. 11  are appointed.
  12. 12  (3) FUNDING.—There are authorized to be ap-
  13. 13  propriated, from the Comprehensive Immigration
  14. 14  Reform Trust Fund established under section
  15. 15  6(a)(1), such sums as may be necessary to carry out
  16. 16  this subsection.
  17. 17  (b) OPERATION STONEGARDEN.—
  18. 18  (1) IN GENERAL.—The Federal Emergency
  19. 19  Management Agency shall enhance law enforcement
  20. 20  preparedness and operational readiness along the
  21. 21  borders of the United States through Operation
  22. 22  Stonegarden. The amounts available under this
  23. 23  paragraph are in addition to any other amounts oth-
  24. 24  erwise made available for Operation Stonegarden.
  25. 25  Not less than 90 percent of the amounts made avail-

EAS13500 S.L.C. 38

  1. 1  able under section 5(a)(3)(B)(ii) shall be allocated
  2. 2  for grants and reimbursements to law enforcement
  3. 3  agencies in the States in the Southwest Border re-
  4. 4  gion for personnel, overtime, travel, and other costs
  5. 5  related to illegal immigration and drug smuggling in
  6. 6  the Southwest Border region.
  7. 7  (2) FUNDING.—There are authorized to be ap-
  8. 8  propriated, from the amounts made available under
  9. 9  section 6(a)(3)(A)(i), such sums as may be nec-
  10. 10  essary to carry out this subsection.
  11. 11  (c) INFRASTRUCTURE IMPROVEMENTS.—
  12. 12  (1) BORDER PATROL STATIONS.—The Secretary
  13. 13  shall—
  14. 14  (A) construct additional Border Patrol sta-
  15. 15  tions in the Southwest Border region that U.S.
  16. 16  Border Patrol determines are needed to provide
  17. 17  full operational support in rural, high-trafficked
  18. 18  areas; and
  19. 19  (B) analyze the feasibility of creating addi-
  20. 20  tional Border Patrol sectors along the Southern
  21. 21  border to interrupt drug trafficking operations.
  22. 22  (2) FORWARD OPERATING BASES.—The Sec-
  23. 23  retary shall enhance the security of the Southwest
  24. 24  Border region by—

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  1. 1  (A) establishing additional permanent for-
  2. 2  ward operating bases for the Border Patrol, as
  3. 3  needed;
  4. 4  (B) upgrading the existing forward oper-
  5. 5  ating bases to include modular buildings, elec-
  6. 6  tricity, and potable water; and
  7. 7  (C) ensuring that forward operating bases
  8. 8  surveil and interdict individuals entering the
  9. 9  United States unlawfully immediately after
  10. 10  such individuals cross the Southern border.
  11. 11  (3) AUTHORIZATION OF APPROPRIATIONS.—
  12. 12  There is authorized to be appropriated for each of
  13. 13  fiscal years 2014 through 2018 such sums as may
  14. 14  be necessary to carry out this subsection.
  15. 15  SEC. 1105. BORDER SECURITY ON CERTAIN FEDERAL LAND.
  16. 16  (a) DEFINITIONS.—In this section:
  17. 17  (1) FEDERAL LANDS.—The term ‘‘Federal
  18. 18  lands’’ includes all land under the control of the Sec-
  19. 19  retary concerned that is located within the South-
  20. 20  west border region in the State of Arizona along the
  21. 21  international border between the United States and
  22. 22  Mexico.
  23. 23  (2) SECRETARY CONCERNED.—The term ‘‘Sec-
  24. 24  retary concerned’’ means—

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(A) with respect to land under the jurisdic- tion of the Secretary of Agriculture, the Sec- retary of Agriculture; and

(B) with respect to land under the jurisdic- tion of the Secretary of the Interior, the Sec- retary of the Interior.

(b) SUPPORT FOR BORDER SECURITY NEEDS.—To achieve effective control of Federal lands—

(1) the Secretary concerned, notwithstanding any other provision of law, shall authorize and pro- vide U.S. Customs and Border Protection personnel with immediate access to Federal lands for security activities, including—

(A) routine motorized patrols; and

(B) the deployment of communications, surveillance, and detection equipment;
(2) the security activities described in para-

graph (1) shall be conducted, to the maximum ex- tent practicable, in a manner that the Secretary de- termines will best protect the natural and cultural resources on Federal lands; and

(3) the Secretary concerned may provide edu- cation and training to U.S. Customs and Border Protection on the natural and cultural resources present on individual Federal land units.

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  1. 1  (c) PROGRAMMATIC ENVIRONMENTAL IMPACT
  2. 2  STATEMENT.—
  3. 3  (1) IN GENERAL.—After implementing sub-
  4. 4  section (b), the Secretary, in consultation with the
  5. 5  Secretaries concerned, shall prepare and publish in
  6. 6  the Federal Register a notice of intent to prepare a
  7. 7  programmatic environmental impact statement in
  8. 8  accordance with the National Environmental Policy
  9. 9  Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the
  10. 10  impacts of the activities described in subsection (b).
  11. 11  (2) EFFECT ON PROCESSING APPLICATION AND
  12. 12  SPECIAL USE PERMITS.—The pending completion of
  13. 13  a programmatic environmental impact statement
  14. 14  under this section shall not result in any delay in the
  15. 15  processing or approving of applications or special
  16. 16  use permits by the Secretaries concerned for the ac-
  17. 17  tivities described in subsection (b).
  18. 18  (3) AMENDMENT OF LAND USE PLANS.—The
  19. 19  Secretaries concerned shall amend any land use
  20. 20  plans, as appropriate, upon completion of the pro-
  21. 21  grammatic environmental impact statement de-
  22. 22  scribed in subsection (b).
  23. 23  (4) SCOPE OF PROGRAMMATIC ENVIRONMENTAL
  24. 24  IMPACT STATEMENT.—The programmatic environ-

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mental impact statement described in paragraph (1)—

(A) may be used to advise the Secretary on the impact on natural and cultural resources on Federal lands; and

(B) shall not control, delay, or restrict ac- tions by the Secretary to achieve effective con- trol on Federal lands.

(d) INTERMINGLED STATE AND PRIVATE LAND.— This section shall not apply to any private or State-owned land within the boundaries of Federal lands.
SEC. 1106. EQUIPMENT AND TECHNOLOGY.

(a) ENHANCEMENTS.—The Commissioner of U.S. Customs and Border Protection, working through U.S. Border Patrol, shall—

(1) deploy additional mobile, video, and agent- portable surveillance systems, and unmanned aerial vehicles in the Southwest Border region as necessary to provide 24-hour operation and surveillance;

(2) operate unarmed unmanned aerial vehicles along the Southern border for 24 hours per day and for 7 days per week;

(3) deploy unarmed additional fixed-wing air- craft and helicopters along the Southern border;

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(4) acquire new rotocraft and make upgrades to the existing helicopter fleet; and

(5) increase horse patrols in the Southwest Border region.

(b) AUTHORIZATION OF APPROPRIATIONS.—In addi- tion to amounts otherwise authorized to be appropriated, there is authorized to be appropriated to U.S. Customs and Border Protection such sums as may be necessary to carry out subsection (a) during fiscal years 2014 through 2018.
SEC. 1107. ACCESS TO EMERGENCY PERSONNEL.

(a) SOUTHWEST BORDER REGION EMERGENCY COM- MUNICATIONS GRANTS.—

(1) IN GENERAL.—The Secretary, in consulta- tion with the governors of the States in the South- west Border region, shall establish a 2-year grant program, to be administered by the Secretary, to im- prove emergency communications in the Southwest Border region.

(2) ELIGIBILITY FOR GRANTS.—An individual is eligible to receive a grant under this subsection if the individual demonstrates that he or she—

(A) regularly resides or works in the Southwest Border region;

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(B) is at greater risk of border violence due to the lack of cellular service at his or her residence or business and his or her proximity to the Southern border.
(3) USE OF GRANTS.—Grants awarded under

this subsection may be used to purchase satellite telephone communications systems and service that—

(A) can provide access to 9–1–1 service; and

(B) are equipped with global positioning systems.

(4) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated such sums as may be necessary to carry out the grant program es- tablished under this subsection.
(b) INTEROPERABLE COMMUNICATIONS FOR LAW

ENFORCEMENT.—
(1) FEDERAL LAW ENFORCEMENT.—There are

authorized to be appropriated, to the Department, the Department of Justice, and the Department of the Interior, during the 5-year period beginning on the date of the enactment of this Act, such sums as may be necessary—

EAS13500 S.L.C. 45

  1. 1  (A) to purchase, through a competitive
  2. 2  procurement process, P25-compliant radios,
  3. 3  which may include a multi-band option, for
  4. 4  Federal law enforcement agents working in the
  5. 5  Southwest Border region in support of the ac-
  6. 6  tivities of U.S. Customs and Border Protection
  7. 7  and U.S. Immigration and Customs Enforce-
  8. 8  ment, including law enforcement agents of the
  9. 9  Drug Enforcement Administration, the Bureau
  10. 10  of Alcohol, Tobacco, Firearms and Explosives,
  11. 11  the Department of the Interior, and the Forest
  12. 12  Service; and
  13. 13  (B) to upgrade, through a competitive pro-
  14. 14  curement process, the communications network
  15. 15  of the Department of Justice to ensure coverage
  16. 16  and capacity, particularly when immediate ac-
  17. 17  cess is needed in times of crisis, in the South-
  18. 18  west Border region for appropriate law enforce-
  19. 19  ment personnel of the Department of Justice
  20. 20  (including the Drug Enforcement Administra-
  21. 21  tion and the Bureau of Alcohol, Tobacco, Fire-
  22. 22  arms and Explosives), the Department (includ-
  23. 23  ing U.S. Immigration and Customs Enforce-
  24. 24  ment and U.S. Customs and Border Protec-
  25. 25  tion), the United States Marshals Service, other

EAS13500 S.L.C. 46

  1. 1  Federal agencies, the State of Arizona, tribes,
  2. 2  and local governments.
  3. 3  (2) STATE AND LOCAL LAW ENFORCEMENT.—
  4. 4  (A) AUTHORIZATION OF APPROPRIA-
  5. 5  TIONS.—There is authorized to be appropriated
  6. 6  to the Department of Justice, during the 5-year
  7. 7  period beginning on the date of the enactment
  8. 8  of this Act, such sums as may be necessary to
  9. 9  purchase, through a competitive procurement
  10. 10  process, P25-compliant radios, which may in-
  11. 11  clude a multi-band option, for State and local
  12. 12  law enforcement agents working in the South-
  13. 13  west Border region.
  14. 14  (B) ACCESS TO FEDERAL SPECTRUM.—If
  15. 15  a State, tribal, or local law enforcement agency
  16. 16  in the Southwest Border region experiences an
  17. 17  emergency situation that necessitates immediate
  18. 18  communication with the Department of Justice,
  19. 19  the Department, the Department of the Inte-
  20. 20  rior, or any of their respective subagencies,
  21. 21  such law enforcement agency shall have access
  22. 22  to the spectrum assigned to such Federal agen-
  23. 23  cy for the duration of such emergency situation.

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SEC. 1108. SOUTHWEST BORDER REGION PROSECUTION INITIATIVE.

(a) REIMBURSEMENT TO STATE AND LOCAL PROS- ECUTORS FOR FEDERALLY INITIATED CRIMINAL CASES.—The Attorney General shall reimburse State, county, tribal, and municipal governments for costs associ- ated with the prosecution and pre-trial detention of Feder- ally initiated criminal cases declined by local offices of the United States Attorneys.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated such sums as may be nec- essary to carry out subsection (a) during fiscal years 2014 through 2018 .

SEC. 1109. INTERAGENCY COLLABORATION.

The Assistant Secretary of Defense for Research and Engineering shall collaborate with the Under Secretary of Homeland Security for Science and Technology to identify equipment and technology used by the Department of De- fense that could be used by U.S. Customs and Border Pro- tection to improve the security of the Southern border by—

(1) detecting border tunnels;
(2) detecting the use of ultralight aircraft;
(3) enhancing wide aerial surveillance; and
(4) otherwise improving the enforcement of

such border.

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SEC. 1110. SCAAP REAUTHORIZATION.

Section 241(i)(5)(C) (8 U.S.C. 1231(i)(5)) is amend- ed by striking ‘‘2011’’ and inserting ‘‘2015’’.
SEC. 1111. USE OF FORCE.

Not later than 180 days after the date of the enact- ment of this Act, the Secretary, in consultation with the Assistant Attorney General for the Civil Rights Division of the Department of Justice, shall issue policies gov- erning the use of force by all Department personnel that—

(1) require all Department personnel to report each use of force; and

(2) establish procedures for—
(A) accepting and investigating complaints

regarding the use of force by Department per- sonnel;

(B) disciplining Department personnel who violate any law or Department policy relating to the use of force; and

(C) reviewing all uses of force by Depart- ment personnel to determine whether the use of force—

(i) complied with Department policy; or

(ii) demonstrates the need for changes in policy, training, or equipment.

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SEC. 1112. TRAINING FOR BORDER SECURITY AND IMMI- GRATION ENFORCEMENT OFFICERS.

(a) IN GENERAL.—The Secretary shall ensure that U.S. Customs and Border Protection officers, U.S. Border Patrol officers, U.S. Immigration and Customs Enforce- ment agents, and agriculture specialists stationed within 100 miles of any land or marine border of the United States or at any United States port of entry receive appro- priate training, which shall be prepared in collaboration with the Assistant Attorney General for the Civil Rights Division of the Department of Justice, in—

(1) identifying and detecting fraudulent travel documents;

(2) civil, constitutional, human, and privacy rights of individuals;

(3) the scope of enforcement authorities, includ- ing interrogations, stops, searches, seizures, arrests, and detentions;

(4) the use of force policies issued by the Sec- retary pursuant to section 1111;

(5) immigration laws, including screening, iden- tifying, and addressing vulnerable populations, such as children, victims of crime and human trafficking, and individuals fleeing persecution or torture;

(6) social and cultural sensitivity toward border communities;

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(7) the impact of border operations on commu- nities; and

(8) any particular environmental concerns in a particular area.

(b) TRAINING FOR BORDER COMMUNITY LIAISON OFFICERS.—The Secretary shall ensure that border com- munities liaison officers in Border Patrol sectors along the international borders between the United States and Mex- ico and between the United States and Canada receive training to better—

(1) act as a liaison between border communities and the Office for Civil Rights and Civil Liberties of the Department and the Civil Rights Division of the Department of Justice;

(2) foster and institutionalize consultation with border communities;

(3) consult with border communities on Depart- ment programs, policies, strategies, and directives; and

(4) receive Department performance assess- ments from border communities.

SEC. 1113. DEPARTMENT OF HOMELAND SECURITY BOR- DER OVERSIGHT TASK FORCE.

(a) ESTABLISHMENT.—

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  1. 1  (1) IN GENERAL.—There is established an inde-
  2. 2  pendent task force, which shall be known as the De-
  3. 3  partment of Homeland Security Border Oversight
  4. 4  Task Force (referred to in this section as the ‘‘DHS
  5. 5  Task Force’’).
  6. 6  (2) DUTIES.—The DHS Task Force shall—
  7. 7  (A) review and make recommendations re-
  8. 8  garding immigration and border enforcement
  9. 9  policies, strategies, and programs that take into
  10. 10  consideration their impact on border commu-
  11. 11  nities;
  12. 12  (B) recommend ways in which the Border
  13. 13  Communities Liaison Offices can strengthen re-
  14. 14  lations and collaboration between communities
  15. 15  in the border regions and the Department, the
  16. 16  Department of Justice, and other Federal agen-
  17. 17  cies that carry out such policies, strategies, and
  18. 18  programs;
  19. 19  (C) evaluate how the policies, strategies,
  20. 20  and programs of Federal agencies operating
  21. 21  along the international borders between the
  22. 22  United States and Mexico and between the
  23. 23  United States and Canada protect the due proc-
  24. 24  ess, civil, and human rights of border residents,

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visitors, and migrants at and near such borders; and

(D) evaluate and make recommendations regarding the training of border enforcement personnel described in section 1112.
(3) MEMBERSHIP.—

(A) IN GENERAL.—The DHS Task Force shall be composed of 26 members, appointed by the President, who have expertise in migration, local crime indices, civil and human rights, community relations, cross-border trade and commerce, quality of life indicators, or other pertinent experience, of whom—

(i) 11 members shall be from the Northern border region and shall include— (I) 2 local government elected of-

ficials;
(II) 2 local law enforcement offi-

cial;
(III) 2 civil rights advocates;
(IV) 1 business representative; (V) 1 higher education represent-

ative;
(VI) 1 representative of a faith

community; and

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(VII) 2 representatives of U.S. Border Patrol; and

(ii) 15 members shall be from the Southern border region and include—

(I) 3 local government elected of- ficials;

(II) 3 local law enforcement offi- cials;

(III) 3 civil rights advocates;
(IV) 2 business representatives; (V) 1 higher education represent-

ative;
(VI) 1 representative of a faith

community; and
(VII) 2 representatives of U.S.

Border Patrol.
(B) NONGOVERNMENTAL APPOINTEES.—

Individuals appointed as members of the DHS Task Force may not be employed by the Fed- eral Government.

(C) TERM OF SERVICE.—Members of the Task Force shall be appointed for the shorter of—

(i) 3 years; or
(ii) the life of the DHS Task Force.

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  1. 1  (D) CHAIR, VICE CHAIR.—The members of
  2. 2  the DHS Task Force shall elect a Chair and a
  3. 3  Vice Chair from among its members, who shall
  4. 4  serve in such capacities for the life of the DHS
  5. 5  Task Force or until removed by the majority
  6. 6  vote of at least 14 members.
  7. 7  (b) OPERATIONS.—
  8. 8  (1) HEARINGS.—The DHS Task Force may,
  9. 9  for the purpose of carrying out its duties, hold hear-
  10. 10  ings, sit and act, take testimony, receive evidence,
  11. 11  and administer oaths.
  12. 12  (2) RECOMMENDATIONS.—The DHS Task
  13. 13  Force may make findings or recommendations to the
  14. 14  Secretary related to the duties described in sub-
  15. 15  section (a)(2).
  16. 16  (3) RESPONSE.—Not later than 180 days after
  17. 17  receiving the findings and recommendations from
  18. 18  the DHS Task Force under paragraph (2), the Sec-
  19. 19  retary shall issue a response that describes how the
  20. 20  Department has addressed, or will address, such
  21. 21  findings and recommendations.
  22. 22  (4) INFORMATION FROM FEDERAL AGENCIES.—
  23. 23  The Chair, or 16 members of the DHS Task Force,
  24. 24  may request statistics relating to the duties de-
  25. 25  scribed in subsection (a)(2) directly from any Fed-

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eral agency, which shall, to the extent authorized by law, furnish such information, suggestions, esti- mates, and statistics directly to the DHS Task Force.

(5) COMPENSATION.—Members of the DHS Task Force shall serve without pay, but shall be re- imbursed for reasonable travel and subsistence ex- penses incurred in the performance of their duties. (c) REPORT.—Not later than 2 years after its first

meeting, the DHS Task Force shall submit a final report to the President, Congress, and the Secretary that con- tains—

(1) findings with respect to the duties of the DHS Task Force; and

(2) recommendations regarding border and im- migration enforcement policies, strategies, and pro- grams, including—

(A) a recommendation as to whether the DHS Task Force should continue to operate; and

(B) a description of any duties the DHS Task Force should be responsible for after the termination date described in subsection (e).

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be

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necessary to carry out this section for each of the fiscal years 2014 through 2017.

(e) SUNSET.—The DHS Task Force shall terminate operations 60 days after the date on which the DHS Task Force submits the report described in subsection (c).
SEC. 1114. IMMIGRATION OMBUDSMAN.

(a) IN GENERAL.—Section 452 of the Homeland Se- curity Act (6 U.S.C. 272) is amended—

(1) by amending the section heading to read as follows:

‘‘SEC. 452. DEPARTMENT OF HOMELAND SECURITY IMMI- GRATION OMBUDSMAN.’’;

(2) in subsection (a), by striking ‘‘Citizenship and Immigration Services Ombudsman’’ and insert- ing ‘‘DHS Immigration Ombudsman’’;

(3) in subsection (c)(2), by striking ‘‘Director of the Bureau of Citizenship and Immigration Serv- ices’’ and inserting ‘‘Director, U.S. Citizenship and Immigration Services, the Assistant Secretary, U.S. Immigration and Customs Enforcement, the Com- missioner, U.S. Customs and Border Protection’’;

(4) in subsections (d)(4) and (f), by striking ‘‘Director of the Bureau of Citizenship and Immi- gration Services’’ each place such term appears and inserting ‘‘Director, U.S. Citizenship and Immigra-

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  1. 1  tion Services, the Assistant Secretary, U.S. Immi-
  2. 2  gration and Customs Enforcement, and the Commis-
  3. 3  sioner, U.S. Customs and Border Protection’’;
  4. 4  (5) in subsection (f), by striking ‘‘director’’
  5. 5  each place such term appears and inserting ‘‘offi-
  6. 6  cial’’; and
  7. 7  (6) by striking ‘‘the Bureau of Citizenship and
  8. 8  Immigration Services’’ each place it appears and in-
  9. 9  serting ‘‘U.S. Citizenship and Immigration Services,
  10. 10  U.S. Immigration and Customs Enforcement, or
  11. 11  U.S. Customs and Border Protection’’.
  12. 12  (b) CLERICAL AMENDMENT.—The table of contents
  13. 13  in section 1 of the Homeland Security Act (6 U.S.C. 101
  14. 14  et seq.) is amended by striking the item relating to section
  15. 15  452 and inserting the following:‘‘Sec. 452. Department of Homeland Security Immigration Ombudsman.’’.
  16. 16  SEC. 1115. REPORTS.
  17. 17  (a) REPORT ON CERTAIN BORDER MATTERS.—The
  18. 18  Secretary shall submit a report to the Committee on
  19. 19  Homeland Security and Governmental Affairs of the Sen-
  20. 20  ate and the Committee on Homeland Security of the
  21. 21  House of Representatives that sets forth—
  22. 22  (1) the effectiveness rate (as defined in section
  23. 23  2(a)(4)) for each Border Patrol sector along the
  24. 24  Northern border and the Southern border;

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(2) the number of miles along the Southern border that is under persistent surveillance;

(3) the monthly wait times per passenger, in- cluding data on averages and peaks, for crossing the Southern border, and the staffing of such border crossings; and

(4) the allocations at each port of entry along the Southern border.
(b) REPORT ON INTERAGENCY COLLABORATION.—

The Under Secretary of Defense for Acquisition, Tech- nology, and Logistics and the Under Secretary of Home- land Security for Science and Technology shall jointly sub- mit a report on the results of the interagency collaboration under section 1109 to—

(1) the Committee on Armed Services of the Senate;

(2) the Committee on Homeland Security and Governmental Affairs of the Senate;

(3) the Committee on Armed Services of the House of Representatives; and

(4) the Committee on Homeland Security of the House of Representatives.

SEC. 1116. SEVERABILITY.

If any provision of this Act or any amendment made by this Act, or any application of such provision or amend-

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ment to any person or circumstance, is held to be uncon- stitutional, the remainder of the provisions of this Act and the amendments made by this Act and the application of the provision or amendment to any other person or cir- cumstance shall not be affected.

TITLE II—IMMIGRANT VISAS Subtitle A—Registration and Ad- justment of Registered Provi-

sional Immigrants
SEC. 2101. REGISTERED PROVISIONAL IMMIGRANT STATUS.

(a) AUTHORIZATION.—Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
‘‘SEC. 245B. ADJUSTMENT OF STATUS OF ELIGIBLE EN-

TRANTS BEFORE DECEMBER 31, 2011, TO THAT OF REGISTERED PROVISIONAL IMMI- GRANT.

‘‘(a) IN GENERAL.—Notwithstanding any other pro- vision of law, the Secretary of Homeland Security (re- ferred to in this section as the ‘Secretary’), after con- ducting the national security and law enforcement clear- ances required under subsection (c)(8), may grant reg- istered provisional immigrant status to an alien who—

‘‘(1) meets the eligibility requirements set forth in subsection (b);

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‘‘(2) submits a completed application before the end of the period set forth in subsection (c)(3); and ‘‘(3) has paid the fee required under subsection (c)(10)(A) and the penalty required under sub-

section (c)(10)(C), if applicable.
‘‘(b) ELIGIBILITY REQUIREMENTS.—

‘‘(1) IN GENERAL.—An alien is not eligible for registered provisional immigrant status unless the alien establishes, by a preponderance of the evidence, that the alien meets the requirements set forth in this subsection.

‘‘(2) PHYSICAL PRESENCE.—
‘‘(A) IN GENERAL.—The alien—

‘‘(i) shall be physically present in the United States on the date on which the alien submits an application for registered provisional immigrant status;

‘‘(ii) shall have been physically present in the United States on or before December 31, 2011; and

‘‘(iii) shall have maintained contin- uous physical presence in the United States from December 31, 2011, until the date on which the alien is granted status

EAS13500 S.L.C. 61

  1. 1  as a registered provisional immigrant
  2. 2  under this section.
  3. 3  ‘‘(B) BREAK IN PHYSICAL PRESENCE.—
  4. 4  ‘‘(i) IN GENERAL.—Except as pro-
  5. 5  vided in clause (ii), an alien who is absent
  6. 6  from the United States without authoriza-
  7. 7  tion after the date of the enactment of this
  8. 8  section does not meet the continuous phys-
  9. 9  ical presence requirement set forth in sub-
  10. 10  paragraph (A)(iii).
  11. 11  ‘‘(ii) EXCEPTION.—An alien who de-
  12. 12  parted from the United States after De-
  13. 13  cember 31, 2011 will not be considered to
  14. 14  have failed to maintain continuous pres-
  15. 15  ence in the United States if the alien’s ab-
  16. 16  sences from the United States are brief,
  17. 17  casual, and innocent whether or not such
  18. 18  absences were authorized by the Secretary.
  19. 19  ‘‘(3) GROUNDS FOR INELIGIBILITY.—
  20. 20  ‘‘(A) IN GENERAL.—Except as provided in
  21. 21  subparagraph (B), an alien is ineligible for reg-
  22. 22  istered provisional immigrant status if the Sec-
  23. 23  retary determines that the alien—
  24. 24  ‘‘(i) has a conviction for—

EAS13500 S.L.C. 62

  1. 1  ‘‘(I) an offense classified as a fel-
  2. 2  ony in the convicting jurisdiction
  3. 3  (other than a State or local offense
  4. 4  for which an essential element was the
  5. 5  alien’s immigration status or a viola-
  6. 6  tion of this Act);
  7. 7  ‘‘(II) an aggravated felony (as
  8. 8  defined in section 101(a)(43) at the
  9. 9  time of the conviction);
  10. 10  ‘‘(III) 3 or more misdemeanor of-
  11. 11  fenses (other than minor traffic of-
  12. 12  fenses or State or local offenses for
  13. 13  which an essential element was the
  14. 14  alien’s immigration status or a viola-
  15. 15  tion of this Act) if the alien was con-
  16. 16  victed on different dates for each of
  17. 17  the 3 offenses;
  18. 18  ‘‘(IV) any offense under foreign
  19. 19  law, except for a purely political of-
  20. 20  fense, which, if the offense had been
  21. 21  committed in the United States,
  22. 22  would render the alien inadmissible
  23. 23  under section 212(a) (excluding the
  24. 24  paragraphs set forth in clause (ii)) or
  25. 25  removable under section 237(a), ex-

EAS13500 S.L.C. 63

  1. 1  cept as provided in paragraph (3) of
  2. 2  section 237(a);
  3. 3  ‘‘(V) unlawful voting (as defined
  4. 4  in section 237(a)(6));
  5. 5  ‘‘(ii) is admissible under section
  6. 6  212(a), except that in determining an
  7. 7  alien’s admissibility—
  8. 8  ‘‘(I) paragraphs (4), (5), (7), and
  9. 9  (9)(B) of section 212(a) shall not
  10. 10  apply;
  11. 11  ‘‘(II) subparagraphs (A), (C),
  12. 12  (D), (F), and (G) of section 212(a)(6)
  13. 13  and paragraphs (9)(C) and (10)(B) of
  14. 14  section 212(a) shall not apply unless
  15. 15  based on the act of unlawfully enter-
  16. 16  ing the United States after the date
  17. 17  of the enactment of the Border Secu-
  18. 18  rity, Economic Opportunity, and Im-
  19. 19  migration Modernization Act; and
  20. 20  ‘‘(III) paragraphs (6)(B) and
  21. 21  (9)(A) of section 212(a) shall not
  22. 22  apply unless the relevant conduct
  23. 23  began on or after the date on which
  24. 24  the alien files an application for reg-

EAS13500 S.L.C. 64

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istered provisional immigrant status under this section;
‘‘(iii) the Secretary knows or has rea-

sonable grounds to believe, is engaged in or is likely to engage after entry in any ter- rorist activity (as defined in section 212(a)(3)(B)(iv)); or

‘‘(iv) was, on the date on which this Act was introduced in the Senate—

‘‘(I) an alien lawfully admitted for permanent residence;

‘‘(II) an alien admitted as a ref- ugee under section 207 or granted asylum under section 208; or

‘‘(III) an alien who, according to the records of the Secretary or the Secretary of State, is lawfully present in the United States in any non- immigrant status (other than an alien considered to be a nonimmigrant sole- ly due to the application of section 244(f)(4) or the amendment made by section 702 of the Consolidated Nat- ural Resources Act of 2008 (Public Law 110–229)), notwithstanding any

EAS13500 S.L.C. 65

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unauthorized employment or other

violation of nonimmigrant status. ‘‘(B) WAIVER.—

‘‘(i) IN GENERAL.—The Secretary may waive the application of subparagraph (A)(i)(III) or any provision of section 212(a) that is not listed in clause (ii) on behalf of an alien for humanitarian pur- poses, to ensure family unity, or if such a waiver is otherwise in the public interest. Any discretionary authority to waive grounds of inadmissibility under section 212(a) conferred under any other provision of this Act shall apply equally to aliens seeking registered provisional status under this section.

‘‘(ii) EXCEPTIONS.—The discretionary authority under clause (i) may not be used to waive—

‘‘(I) subparagraph (B), (C), (D)(ii), (E), (G), (H), or (I) of section 212(a)(2);

‘‘(II) section 212(a)(3);

‘‘(III) subparagraph (A), (C), (D), or (E) of section 212(a)(10); or

EAS13500 S.L.C. 66

  1. 1  ‘‘(IV) with respect to misrepre-
  2. 2  sentations relating to the application
  3. 3  for registered provisional immigrant
  4. 4  status, section 212(a)(6)(C)(i).
  5. 5  ‘‘(C) CONVICTION EXPLAINED.—For pur-
  6. 6  poses of this paragraph, the term ‘conviction’
  7. 7  does not include a judgment that has been ex-
  8. 8  punged, set aside, or the equivalent.
  9. 9  ‘‘(D) RULE OF CONSTRUCTION.—Nothing
  10. 10  in this paragraph may be construed to require
  11. 11  the Secretary to commence removal proceedings
  12. 12  against an alien.
  13. 13  ‘‘(4) APPLICABILITY OF OTHER PROVISIONS.—
  14. 14  Sections 208(d)(6) and 240B(d) shall not apply to
  15. 15  any alien filing an application for registered provi-
  16. 16  sional immigrant status under this section.
  17. 17  ‘‘(5) DEPENDENT SPOUSE AND CHILDREN.—
  18. 18  ‘‘(A) IN GENERAL.—Notwithstanding any
  19. 19  other provision of law, the Secretary shall clas-
  20. 20  sify the spouse or child of a registered provi-
  21. 21  sional immigrant as a registered provisional im-
  22. 22  migrant dependent if the spouse or child—
  23. 23  ‘‘(i) is physically present in the
  24. 24  United States—

EAS13500 S.L.C. 67

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‘‘(I) on the date on which the registered provisional immigrant is granted such status; and

‘‘(II) on or before December 30, 2012;

‘‘(ii) meets all of the eligibility re- quirements set forth in this subsection, other than the requirements of clause (ii) or (iii) of paragraph (2).

‘‘(B) EFFECT OF TERMINATION OF LEGAL RELATIONSHIP.—If the spousal or parental re- lationship between an alien who is granted reg- istered provisional immigrant status under this section and the alien’s child is terminated, the spouse or child may apply for classification as a registered provisional immigrant dependent if the termination of the relationship with such parent was due to death, divorce, or otherwise connected to domestic violence, notwithstanding subsection (c)(3).

‘‘(C) EFFECT OF DISQUALIFICATION OF PARENT.—If the application of a spouse or par- ent for registered provisional immigrant status is terminated or revoked, the husband, wife, or child of that spouse or parent shall be eligible

EAS13500 S.L.C. 68

  1. 1  to apply for registered provisional immigrant
  2. 2  status independent of the parent notwith-
  3. 3  standing subsection (c)(3).
  4. 4  ‘‘(c) APPLICATION PROCEDURES.—
  5. 5  ‘‘(1) IN GENERAL.—An alien, or the dependent
  6. 6  spouse or child of such alien, who meets the eligi-
  7. 7  bility requirements set forth in subsection (b) may
  8. 8  apply for status as a registered provisional immi-
  9. 9  grant or a registered provisional immigrant depend-
  10. 10  ent, as applicable, by submitting a completed appli-
  11. 11  cation form to the Secretary during the application
  12. 12  period set forth in paragraph (3), in accordance with
  13. 13  the final rule promulgated by the Secretary under
  14. 14  the Border Security, Economic Opportunity, and
  15. 15  Immigration Modernization Act. An applicant for
  16. 16  registered provisional immigrant status shall be
  17. 17  treated as an applicant for admission.
  18. 18  ‘‘(2) PAYMENT OF TAXES.—
  19. 19  ‘‘(A) IN GENERAL.—An alien may not file
  20. 20  an application for registered provisional immi-
  21. 21  grant status under paragraph (1) unless the ap-
  22. 22  plicant has satisfied any applicable Federal tax
  23. 23  liability.
  24. 24  ‘‘(B) DEFINITION OF APPLICABLE FED-
  25. 25  ERAL TAX LIABILITY.—In this paragraph, the

EAS13500 S.L.C. 69

  1. 1  term ‘applicable Federal tax liability’ means all
  2. 2  Federal income taxes assessed in accordance
  3. 3  with section 6203 of the Internal Revenue Code
  4. 4  of 1986.
  5. 5  ‘‘(C) DEMONSTRATION OF COMPLIANCE.—
  6. 6  An applicant may demonstrate compliance with
  7. 7  this paragraph by submitting appropriate docu-
  8. 8  mentation, in accordance with regulations pro-
  9. 9  mulgated by the Secretary, in consultation with
  10. 10  the Secretary of the Treasury.
  11. 11  ‘‘(3) APPLICATION PERIOD.—
  12. 12  ‘‘(A) INITIAL PERIOD.—Except as provided
  13. 13  in subparagraph (B), the Secretary may only
  14. 14  accept applications for registered provisional
  15. 15  immigrant status from aliens in the United
  16. 16  States during the 1-year period beginning on
  17. 17  the date on which the final rule is published in
  18. 18  the Federal Register pursuant to paragraph
  19. 19  (1).
  20. 20  ‘‘(B) EXTENSION.—If the Secretary deter-
  21. 21  mines, during the initial period described in
  22. 22  subparagraph (A), that additional time is re-
  23. 23  quired to process applications for registered
  24. 24  provisional immigrant status or for other good
  25. 25  cause, the Secretary may extend the period for

EAS13500 S.L.C. 70

  1. 1  accepting applications for such status for an
  2. 2  additional 18 months.
  3. 3  ‘‘(4) APPLICATION FORM.—
  4. 4  ‘‘(A) REQUIRED INFORMATION.—The ap-
  5. 5  plication form referred to in paragraph (1) shall
  6. 6  collect such information as the Secretary deter-
  7. 7  mines necessary and appropriate.
  8. 8  ‘‘(B) FAMILY APPLICATION.—The Sec-
  9. 9  retary shall establish a process through which
  10. 10  an alien may submit a single application under
  11. 11  this section on behalf of the alien, his or her
  12. 12  spouse, and his or her children, who are resid-
  13. 13  ing in the United States.
  14. 14  ‘‘(C) INTERVIEW.—The Secretary may
  15. 15  interview applicants for registered provisional
  16. 16  immigrant status under this section to deter-
  17. 17  mine whether they meet the eligibility require-
  18. 18  ments set forth in subsection (b).
  19. 19  ‘‘(5) ALIENS APPREHENDED BEFORE OR DUR-
  20. 20  ING THE APPLICATION PERIOD.—If an alien who is
  21. 21  apprehended during the period beginning on the
  22. 22  date of the enactment of the Border Security, Eco-
  23. 23  nomic Opportunity, and Immigration Modernization
  24. 24  Act and the end of the application period described
  25. 25  in paragraph (3) appears prima facie eligible for

EAS13500 S.L.C. 71

  1. 1  registered provisional immigrant status, to the satis-
  2. 2  faction of the Secretary, the Secretary—
  3. 3  ‘‘(A) shall provide the alien with a reason-
  4. 4  able opportunity to file an application under
  5. 5  this section during such application period; and
  6. 6  ‘‘(B) may not remove the individual until
  7. 7  a final administrative determination is made on
  8. 8  the application.
  9. 9  ‘‘(6) ELIGIBILITY AFTER DEPARTURE.—
  10. 10  ‘‘(A) IN GENERAL.—An alien who departed
  11. 11  from the United States while subject to an
  12. 12  order of exclusion, deportation, or removal, or
  13. 13  pursuant to an order of voluntary departure
  14. 14  and who is outside of the United States, or who
  15. 15  has reentered the United States illegally after
  16. 16  December 31, 2011 without receiving the Sec-
  17. 17  retary’s consent to reapply for admission under
  18. 18  section 212(a)(9), shall not be eligible to file an
  19. 19  application for registered provisional immigrant
  20. 20  status.
  21. 21  ‘‘(B) WAIVER.—The Secretary, in the Sec-
  22. 22  retary’s sole and unreviewable discretion, may
  23. 23  waive the application of subparagraph (A) on
  24. 24  behalf of an alien if the alien—

EAS13500 S.L.C. 72

  1. 1  ‘‘(i) is the spouse or child of a United
  2. 2  States citizen or lawful permanent resi-
  3. 3  dent;
  4. 4  ‘‘(ii) is the parent of a child who is a
  5. 5  United States citizen or lawful permanent
  6. 6  resident;
  7. 7  ‘‘(iii) meets the requirements set forth
  8. 8  in clause (ii) and (iii) of section
  9. 9  245D(b)(1)(A); or
  10. 10  ‘‘(iv) meets the requirements set forth
  11. 11  in section 245D(b)(1)(A)(ii), is 16 years or
  12. 12  older on the date on which the alien ap-
  13. 13  plies for registered provisional immigrant
  14. 14  status, and was physically present in the
  15. 15  United States for an aggregate period of
  16. 16  not less than 3 years during the 6-year pe-
  17. 17  riod immediately preceding the date of the
  18. 18  enactment of the Border Security, Eco-
  19. 19  nomic Opportunity, and Immigration Mod-
  20. 20  ernization Act.
  21. 21  ‘‘(C) ELIGIBILITY.—Notwithstanding sub-
  22. 22  section (b)(2), section 241(a)(5), or a prior
  23. 23  order of exclusion, deportation, or removal, an
  24. 24  alien described in subparagraph (B) who is oth-
  25. 25  erwise eligible for registered provisional immi-

EAS13500 S.L.C. 73

  1. 1  grant status may file an application for such
  2. 2  status.
  3. 3  ‘‘(7) SUSPENSION OF REMOVAL DURING APPLI-
  4. 4  CATION PERIOD.—
  5. 5  ‘‘(A) PROTECTION FROM DETENTION OR
  6. 6  REMOVAL.—A registered provisional immigrant
  7. 7  may not be detained by the Secretary or re-
  8. 8  moved from the United States, unless—
  9. 9  ‘‘(i) the Secretary determines that—
  10. 10  ‘‘(I) such alien is, or has become,
  11. 11  ineligible for registered provisional im-
  12. 12  migrant status under subsection
  13. 13  (b)(3); or
  14. 14  ‘‘(II) the alien’s registered provi-
  15. 15  sional immigrant status has been re-
  16. 16  voked under subsection (d)(2).
  17. 17  ‘‘(B) ALIENS IN REMOVAL PRO-
  18. 18  CEEDINGS.—Notwithstanding any other provi-

19 sion 20
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of this Act—
‘‘(i) if the Secretary determines that

an alien, during the period beginning on the date of the enactment of this section and ending on the last day of the applica- tion period described in paragraph (3), is in removal, deportation, or exclusion pro-

EAS13500 S.L.C. 74

  1. 1  ceedings before the Executive Office for
  2. 2  Immigration Review and is prima facie eli-
  3. 3  gible for registered provisional immigrant
  4. 4  status under this section—
  5. 5  ‘‘(I) the Secretary shall provide
  6. 6  the alien with the opportunity to file
  7. 7  an application for such status; and
  8. 8  ‘‘(II) upon motion by the Sec-
  9. 9  retary and with the consent of the
  10. 10  alien or upon motion by the alien, the
  11. 11  Executive Office for Immigration Re-
  12. 12  view shall—
  13. 13  ‘‘(aa) terminate such pro-
  14. 14  ceedings without prejudice to fu-
  15. 15  ture proceedings on any basis;
  16. 16  and
  17. 17  ‘‘(bb) provide the alien a
  18. 18  reasonable opportunity to apply
  19. 19  for such status; and
  20. 20  ‘‘(ii) if the Executive Office for Immi-
  21. 21  gration Review determines that an alien,
  22. 22  during the application period described in
  23. 23  paragraph (3), is in removal, deportation,
  24. 24  or exclusion proceedings before the Execu-
  25. 25  tive Office for Immigration Review and is

EAS13500 S.L.C. 75

  1. 1  prima facie eligible for registered provi-
  2. 2  sional immigrant status under this sec-
  3. 3  tion—
  4. 4  ‘‘(I) the Executive Office of Im-
  5. 5  migration Review shall notify the Sec-
  6. 6  retary of such determination; and
  7. 7  ‘‘(II) if the Secretary does not
  8. 8  dispute the determination of prima
  9. 9  facie eligibility within 7 days after
  10. 10  such notification, the Executive Office
  11. 11  for Immigration Review, upon consent
  12. 12  of the alien, shall—
  13. 13  ‘‘(aa) terminate such pro-
  14. 14  ceedings without prejudice to fu-
  15. 15  ture proceedings on any basis;
  16. 16  and
  17. 17  ‘‘(bb) permit the alien a rea-
  18. 18  sonable opportunity to apply for
  19. 19  such status.
  20. 20  ‘‘(C) TREATMENT OF CERTAIN ALIENS.—
  21. 21  ‘‘(i) IN GENERAL.—If an alien who
  22. 22  meets the eligibility requirements set forth
  23. 23  in subsection (b) is present in the United
  24. 24  States and has been ordered excluded, de-
  25. 25  ported, or removed, or ordered to depart

EAS13500 S.L.C. 76

  1. 1  voluntarily from the United States under
  2. 2  any provision of this Act—
  3. 3  ‘‘(I) notwithstanding such order
  4. 4  or section 241(a)(5), the alien may
  5. 5  apply for registered provisional immi-
  6. 6  grant status under this section; and
  7. 7  ‘‘(II) if the alien is granted such
  8. 8  status, the alien shall file a motion to
  9. 9  reopen the exclusion, deportation, re-
  10. 10  moval, or voluntary departure order,
  11. 11  which motion shall be granted unless
  12. 12  1 or more of the grounds of ineligi-
  13. 13  bility is established by clear and con-
  14. 14  vincing evidence.
  15. 15  ‘‘(ii) LIMITATIONS ON MOTIONS TO
  16. 16  REOPEN.—The limitations on motions to
  17. 17  reopen set forth in section 240(c)(7) shall
  18. 18  not apply to motions filed under clause
  19. 19  (i)(II).
  20. 20  ‘‘(D) PERIOD PENDING ADJUDICATION OF
  21. 21  APPLICATION.—
  22. 22  ‘‘(i) IN GENERAL.—During the period
  23. 23  beginning on the date on which an alien
  24. 24  applies for registered provisional immi-
  25. 25  grant status under paragraph (1) and the

EAS13500 S.L.C. 77

  1. 1  date on which the Secretary makes a final
  2. 2  decision regarding such application, the
  3. 3  alien—
  4. 4  ‘‘(I) may receive advance parole
  5. 5  to reenter the United States if urgent
  6. 6  humanitarian circumstances compel
  7. 7  such travel;
  8. 8  ‘‘(II) may not be detained by the
  9. 9  Secretary or removed from the United
  10. 10  States unless the Secretary makes a
  11. 11  prima facie determination that such
  12. 12  alien is, or has become, ineligible for
  13. 13  registered provisional immigrant sta-
  14. 14  tus under subsection (b)(3);
  15. 15  ‘‘(III) shall not be considered un-
  16. 16  lawfully present for purposes of sec-
  17. 17  tion 212(a)(9)(B); and
  18. 18  ‘‘(IV) shall not be considered an
  19. 19  unauthorized alien (as defined in sec-
  20. 20  tion 274A(h)(3)).
  21. 21  ‘‘(ii) EVIDENCE OF APPLICATION FIL-
  22. 22  ING.—As soon as practicable after receiv-
  23. 23  ing each application for registered provi-
  24. 24  sional immigrant status, the Secretary
  25. 25  shall provide the applicant with a docu-

EAS13500 S.L.C. 78

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ment acknowledging the receipt of such ap- plication.

‘‘(iii) CONTINUING EMPLOYMENT.— An employer who knows that an alien em- ployee is an applicant for registered provi- sional immigrant status or will apply for such status once the application period commences is not in violation of section 274A(a)(2) if the employer continues to employ the alien pending the adjudication of the alien employee’s application.

‘‘(iv) EFFECT OF DEPARTURE.—Sec- tion 101(g) shall not apply to an alien granted—

‘‘(I) advance parole under clause (i)(I) to reenter the United States; or ‘‘(II) registered provisional immi-

grant status.
‘‘(8) SECURITY AND LAW ENFORCEMENT

CLEARANCES.—
‘‘(A) BIOMETRIC AND BIOGRAPHIC

DATA.—The Secretary may not grant registered provisional immigrant status to an alien or an alien dependent spouse or child under this sec- tion unless such alien submits biometric and

EAS13500 S.L.C. 79

  1. 1  biographic data in accordance with procedures
  2. 2  established by the Secretary.
  3. 3  ‘‘(B) ALTERNATIVE PROCEDURES.—The
  4. 4  Secretary shall provide an alternative procedure
  5. 5  for applicants who cannot provide the standard
  6. 6  biometric data required under subparagraph
  7. 7  (A) because of a physical impairment.
  8. 8  ‘‘(C) CLEARANCES.—
  9. 9  ‘‘(i) DATA COLLECTION.—The Sec-
  10. 10  retary shall collect, from each alien apply-
  11. 11  ing for status under this section, biometric,
  12. 12  biographic, and other data that the Sec-
  13. 13  retary determines to be appropriate—
  14. 14  ‘‘(I) to conduct national security
  15. 15  and law enforcement clearances; and
  16. 16  ‘‘(II) to determine whether there
  17. 17  are any national security or law en-
  18. 18  forcement factors that would render
  19. 19  an alien ineligible for such status.
  20. 20  ‘‘(ii) PREREQUISITE.—The required
  21. 21  clearances described in clause (i)(I) shall
  22. 22  be completed before the alien may be
  23. 23  granted registered provisional immigrant
  24. 24  status.
  25. 25  ‘‘(9) DURATION OF STATUS AND EXTENSION.—

EAS13500 S.L.C. 80

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‘‘(A) IN GENERAL.—The initial period of authorized admission for a registered provi- sional immigrant—

‘‘(i) shall remain valid for 6 years un- less revoked pursuant to subsection (d)(2); and

‘‘(ii) may be extended for additional 6-year terms if—

‘‘(I) the alien remains eligible for registered provisional immigrant sta- tus;

‘‘(II) the alien meets the employ- ment requirements set forth in sub- paragraph (B); and

‘‘(III) such status was not re- voked by the Secretary for any reason. ‘‘(B) EMPLOYMENT OR EDUCATION RE- QUIREMENT.—Except as provided in subpara- graphs (D) and (E) of section 245C(b)(3), an alien may not be granted an extension of reg- istered provisional immigrant status under this paragraph unless the alien establishes that, during the alien’s period of status as a reg-

istered provisional immigrant, the alien—

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‘‘(i)(I) was regularly employed throughout the period of admission as a registered provisional immigrant, allowing for brief periods lasting not more than 60 days; and

‘‘(II) is not likely to become a public charge (as determined under section 212(a)(4)); or

‘‘(ii) is able to demonstrate average income or resources that are not less than 100 percent of the Federal poverty level throughout the period of admission as a registered provisional immigrant.
‘‘(C) PAYMENT OF TAXES.—An applicant

may not be granted an extension of registered provisional immigrant status under subpara- graph (A)(ii) unless the applicant has satisfied any applicable Federal tax liability in accord- ance with paragraph (2).

‘‘(10) FEES AND PENALTIES.—
‘‘(A) STANDARD PROCESSING FEE.—

‘‘(i) IN GENERAL.—Aliens who are 16 years of age or older and are applying for registered provisional immigrant status under paragraph (1), or for an extension

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of such status under paragraph (9)(A)(ii), shall pay a processing fee to the Depart- ment of Homeland Security in an amount determined by the Secretary.

‘‘(ii) RECOVERY OF COSTS.—The processing fee authorized under clause (i) shall be set at a level that is sufficient to recover the full costs of processing the ap- plication, including any costs incurred—

‘‘(I) to adjudicate the application;

‘‘(II) to take and process bio- metrics;

‘‘(III) to perform national secu- rity and criminal checks, including ad- judication;

‘‘(IV) to prevent and investigate fraud; and

‘‘(V) to administer the collection of such fee.

‘‘(iii) AUTHORITY TO LIMIT FEES.— The Secretary, by regulation, may—

‘‘(I) limit the maximum proc- essing fee payable under this subpara- graph by a family, including spouses

EAS13500 S.L.C. 83

  1. 1  and unmarried children younger than
  2. 2  21 years of age; and
  3. 3  ‘‘(II) exempt defined classes of
  4. 4  individuals, including individuals de-
  5. 5  scribed in section 245B(c)(13), from
  6. 6  the payment of the fee authorized
  7. 7  under clause (i).
  8. 8  ‘‘(B) DEPOSIT AND USE OF PROCESSING
  9. 9  FEES.—Fees collected under subparagraph
  10. 10  (A)(i)—
  11. 11  ‘‘(i) shall be deposited into the Com-
  12. 12  prehensive Immigration Reform Trust
  13. 13  Fund established under section 6(a)(1) of
  14. 14  the Border Security, Economic Oppor-
  15. 15  tunity, and Immigration Modernization
  16. 16  Act; and
  17. 17  ‘‘(ii) may be used for the purposes set
  18. 18  forth in section 6(a)(3)(B) of such Act.
  19. 19  ‘‘(C) PENALTY.—
  20. 20  ‘‘(i) PAYMENT.—In addition to the
  21. 21  processing fee required under subpara-
  22. 22  graph (A), aliens not described in section
  23. 23  245D who are 21 years of age or older and
  24. 24  are filing an application under this sub-

EAS13500 S.L.C. 84

  1. 1  section shall pay a $1,000 penalty to the
  2. 2  Department of Homeland Security.
  3. 3  ‘‘(ii) INSTALLMENTS.—The Secretary
  4. 4  shall establish a process for collecting pay-
  5. 5  ments required under clause (i) that—
  6. 6  ‘‘(I) requires the alien to pay
  7. 7  $500 in conjunction with the submis-
  8. 8  sion of an application under this sub-
  9. 9  section for registered provisional im-
  10. 10  migrant status; and
  11. 11  ‘‘(II) allows the remaining $500
  12. 12  to be paid in periodic installments
  13. 13  that shall be completed before the
  14. 14  alien may be granted an extension of
  15. 15  status under paragraph (9)(A)(ii).
  16. 16  ‘‘(iii) DEPOSIT.—Penalties collected
  17. 17  pursuant to this subparagraph shall be de-
  18. 18  posited into the Comprehensive Immigra-
  19. 19  tion Reform Trust Fund established under
  20. 20  section 6(a)(1) of the Border Security,
  21. 21  Economic Opportunity, and Immigration
  22. 22  Modernization Act.
  23. 23  ‘‘(11) ADJUDICATION.—
  24. 24  ‘‘(A) FAILURE TO SUBMIT SUFFICIENT
  25. 25  EVIDENCE.—The Secretary shall deny an appli-

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cation submitted by an alien who fails to sub- mit—

‘‘(i) requested initial evidence, includ- ing requested biometric data; or

‘‘(ii) any requested additional evidence by the date required by the Secretary.
‘‘(B) AMENDED APPLICATION.—An alien

whose application for registered provisional im- migrant status is denied under subparagraph (A) may file an amended application for such status to the Secretary if the amended applica- tion—

‘‘(i) is filed within the application pe- riod described in paragraph (3); and

‘‘(ii) contains all the required informa- tion and fees that were missing from the initial application.

‘‘(12) EVIDENCE OF REGISTERED PROVISIONAL IMMIGRANT STATUS.—

‘‘(A) IN GENERAL.—The Secretary shall issue documentary evidence of registered provi- sional immigrant status to each alien whose ap- plication for such status has been approved.

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‘‘(B) DOCUMENTATION FEATURES.—Docu- mentary evidence provided under subparagraph (A)—

‘‘(i) shall be machine-readable and tamper-resistant, and shall contain a digitized photograph;

‘‘(ii) shall, during the alien’s author- ized period of admission, and any exten- sion of such authorized admission, serve as a valid travel and entry document for the purpose of applying for admission to the United States;

‘‘(iii) may be accepted during the pe- riod of its validity by an employer as evi- dence of employment authorization and identity under section 274A(b)(1)(B);

‘‘(iv) shall indicate that the alien is authorized to work in the United States for up to 3 years; and

‘‘(v) shall include such other features and information as may be prescribed by the Secretary.

‘‘(13) DACA RECIPIENTS.—Unless the Secretary determines that an alien who was granted Deferred Action for Childhood Arrivals (referred to in this

EAS13500 S.L.C. 87

  1. 1  paragraph as ‘DACA’) pursuant to the Secretary’s
  2. 2  memorandum of June 15, 2012, has engaged in con-
  3. 3  duct since the alien was granted DACA that would
  4. 4  make the alien ineligible for registered provisional
  5. 5  immigrant status, the Secretary may grant such sta-
  6. 6  tus to the alien if renewed national security and law
  7. 7  enforcement clearances have been completed on be-
  8. 8  half of the alien.
  9. 9  ‘‘(d) TERMS AND CONDITIONS OF REGISTERED PRO-
  10. 10  VISIONAL IMMIGRANT STATUS.—
  11. 11  ‘‘(1) CONDITIONS OF REGISTERED PROVISIONAL
  12. 12  IMMIGRANT STATUS.—
  13. 13  ‘‘(A) EMPLOYMENT.—Notwithstanding any
  14. 14  other provision of law, including section
  15. 15  241(a)(7), a registered provisional immigrant
  16. 16  shall be authorized to be employed in the
  17. 17  United States while in such status.
  18. 18  ‘‘(B) TRAVEL OUTSIDE THE UNITED
  19. 19  STATES.—A registered provisional immigrant
  20. 20  may travel outside of the United States and
  21. 21  may be admitted, if otherwise admissible, upon
  22. 22  returning to the United States without having
  23. 23  to obtain a visa if—
  24. 24  ‘‘(i) the alien is in possession of—

EAS13500 S.L.C. 88

  1. 1  ‘‘(I) valid, unexpired documen-
  2. 2  tary evidence of registered provisional
  3. 3  immigrant status that complies with
  4. 4  subsection (c)(12); or
  5. 5  ‘‘(II) a travel document, duly ap-
  6. 6  proved by the Secretary, that was
  7. 7  issued to the alien after the alien’s
  8. 8  original documentary evidence was
  9. 9  lost, stolen, or destroyed;
  10. 10  ‘‘(ii) the alien’s absence from the
  11. 11  United States did not exceed 180 days, un-
  12. 12  less the alien’s failure to timely return was
  13. 13  due to extenuating circumstances beyond
  14. 14  the alien’s control;
  15. 15  ‘‘(iii) the alien meets the requirements
  16. 16  for an extension as described in subclauses
  17. 17  (I) and (III) of paragraph (9)(A); and
  18. 18  ‘‘(iv) the alien establishes that the
  19. 19  alien is not inadmissible under subpara-
  20. 20  graph (A)(i), (A)(iii), (B), or (C) of section
  21. 21  212(a)(3).
  22. 22  ‘‘(C) ADMISSION.—An alien granted reg-
  23. 23  istered provisional immigrant status under this
  24. 24  section shall be considered to have been admit-
  25. 25  ted and lawfully present in the United States in

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such status as of the date on which the alien’s application was filed.

‘‘(D) CLARIFICATION OF STATUS.—An alien granted registered provisional immigrant status—

‘‘(i) is lawfully admitted to the United States; and

‘‘(ii) may not be classified as a non- immigrant or as an alien who has been lawfully admitted for permanent residence.

‘‘(2) REVOCATION.—
‘‘(A) IN GENERAL.—The Secretary may re-

voke the status of a registered provisional immi- grant at any time after providing appropriate notice to the alien, and after the exhaustion or waiver of all applicable administrative review procedures under section 245E(c), if the alien—

‘‘(i) no longer meets the eligibility re- quirements set forth in subsection (b);

‘‘(ii) knowingly used documentation issued under this section for an unlawful or fraudulent purpose; or

‘‘(iii) was absent from the United States—

EAS13500 S.L.C. 90

  1. 1  ‘‘(I) for any single period longer
  2. 2  than 180 days in violation of the re-
  3. 3  quirements set forth in paragraph
  4. 4  (1)(B)(ii); or
  5. 5  ‘‘(II) for more than 180 days in
  6. 6  the aggregate during any calendar
  7. 7  year, unless the alien’s failure to time-
  8. 8  ly return was due to extenuating cir-
  9. 9  cumstances beyond the alien’s control.
  10. 10  ‘‘(B) ADDITIONAL EVIDENCE.—In deter-
  11. 11  mining whether to revoke an alien’s status
  12. 12  under subparagraph (A), the Secretary may re-
  13. 13  quire the alien—
  14. 14  ‘‘(i) to submit additional evidence; or
  15. 15  ‘‘(ii) to appear for an interview.
  16. 16  ‘‘(C) INVALIDATION OF DOCUMENTA-
  17. 17  TION.—If an alien’s registered provisional im-
  18. 18  migrant status is revoked under subparagraph
  19. 19  (A), any documentation issued by the Secretary
  20. 20  to such alien under subsection (c)(12) shall
  21. 21  automatically be rendered invalid for any pur-
  22. 22  pose except for departure from the United
  23. 23  States.
  24. 24  ‘‘(3) INELIGIBILITY FOR PUBLIC BENEFITS.—
  25. 25  An alien who has been granted registered provisional

EAS13500 S.L.C. 91

  1. 1  immigrant status under this section is not eligible
  2. 2  for any Federal means-tested public benefit (as such
  3. 3  term is defined in section 403 of the Personal Re-
  4. 4  sponsibility and Work Opportunity Reconciliation
  5. 5  Act of 1996 (8 U.S.C. 1613)).
  6. 6  ‘‘(4) TREATMENT OF REGISTERED PROVISIONAL
  7. 7  IMMIGRANTS.—A noncitizen granted registered pro-
  8. 8  visional immigrant status under this section shall be
  9. 9  considered lawfully present in the United States for
  10. 10  all purposes while such noncitizen remains in such
  11. 11  status, except that the noncitizen—
  12. 12  ‘‘(A) is not entitled to the premium assist-
  13. 13  ance tax credit authorized under section 36B of
  14. 14  the Internal Revenue Code of 1986;
  15. 15  ‘‘(B) shall be subject to the rules applica-
  16. 16  ble to individuals not lawfully present that are
  17. 17  set forth in subsection (e) of such section; and
  18. 18  ‘‘(C) shall be subject to the rules applicable
  19. 19  to individuals not lawfully present that are set
  20. 20  forth in section 1402(e) of the Patient Protec-
  21. 21  tion and Affordable Care Act (42 U.S.C.
  22. 22  18071).
  23. 23  ‘‘(5) ASSIGNMENT OF SOCIAL SECURITY NUM-
  24. 24  BER.—

EAS13500 S.L.C. 92

  1. 1  ‘‘(A) IN GENERAL.—The Commissioner of
  2. 2  Social Security, in coordination with the Sec-
  3. 3  retary, shall implement a system to allow for
  4. 4  the assignment of a Social Security number and
  5. 5  the issuance of a Social Security card to each
  6. 6  alien who has been granted registered provi-
  7. 7  sional immigrant status under this section.
  8. 8  ‘‘(B) USE OF INFORMATION.—The Sec-
  9. 9  retary shall provide the Commissioner of Social
  10. 10  Security with information from the applications
  11. 11  filed by aliens granted registered provisional im-
  12. 12  migrant status under this section and such
  13. 13  other information as the Commissioner deter-
  14. 14  mines to be necessary to assign a Social Secu-
  15. 15  rity account number to such aliens. The Com-
  16. 16  missioner may use information received from
  17. 17  the Secretary under this subparagraph to as-
  18. 18  sign Social Security account numbers to such
  19. 19  aliens and to administer the programs of the
  20. 20  Social Security Administration. The Commis-
  21. 21  sioner may maintain, use, and disclose such in-
  22. 22  formation only as permitted under section 552a
  23. 23  of title 5, United States Code (commonly known
  24. 24  as the Privacy Act of 1974) and other applica-
  25. 25  ble Federal laws.

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‘‘(e) DISSEMINATION OF INFORMATION ON REG- ISTERED PROVISIONAL IMMIGRANT PROGRAM.—As soon as practicable after the date of the enactment of the Bor- der Security, Economic Opportunity, and Immigration Modernization Act, the Secretary, in cooperation with en- tities approved by the Secretary, and in accordance with a plan adopted by the Secretary, shall broadly dissemi- nate, in the most common languages spoken by aliens who would qualify for registered provisional immigrant status under this section, to television, radio, print, and social media to which such aliens would likely have access—

‘‘(1) the procedures for applying for such sta- tus;

‘‘(2) the terms and conditions of such status; and

‘‘(3) the eligibility requirements for such sta- tus.’’.

(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) An alien who has been granted registered provisional immigrant status under section 245B of the Immigration and Nationality Act.’’.

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SEC. 2102. ADJUSTMENT OF STATUS OF REGISTERED PRO- VISIONAL IMMIGRANTS.

(a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245B, as added by section 2101 of this title, the following:
‘‘SEC. 245C. ADJUSTMENT OF STATUS OF REGISTERED PRO-

VISIONAL IMMIGRANTS.

‘‘(a) IN GENERAL.—Subject to section 245E(d) and section 2302(c)(3) of the Border Security, Economic Op- portunity, and Immigration Modernization Act, the Sec- retary of Homeland Security (referred to in this section as the ‘Secretary’) may adjust the status of a registered provisional immigrant to that of an alien lawfully admitted for permanent residence if the registered provisional immi- grant satisfies the eligibility requirements set forth in sub- section (b).

‘‘(b) ELIGIBILITY REQUIREMENTS.—
‘‘(1) REGISTERED PROVISIONAL IMMIGRANT

STATUS.—
‘‘(A) IN GENERAL.—The alien was granted

registered provisional immigrant status under section 245B and remains eligible for such sta- tus.

‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— The alien establishes, to the satisfaction of the Secretary, that the alien was not continuously

EAS13500 S.L.C. 95

  1. 1  absent from the United States for more than
  2. 2  180 days in any calendar year during the pe-
  3. 3  riod of admission as a registered provisional im-
  4. 4  migrant, unless the alien’s absence was due to
  5. 5  extenuating circumstances beyond the alien’s
  6. 6  control.
  7. 7  ‘‘(C) MAINTENANCE OF WAIVERS OF AD-
  8. 8  MISSIBILITY.—The grounds of inadmissibility
  9. 9  set forth in section 212(a) that were previously
  10. 10  waived for the alien or made inapplicable under
  11. 11  section 245B(b) shall not apply for purposes of
  12. 12  the alien’s adjustment of status under this sec-
  13. 13  tion.
  14. 14  ‘‘(D) PENDING REVOCATION PRO-
  15. 15  CEEDINGS.—If the Secretary has notified the
  16. 16  applicant that the Secretary intends to revoke
  17. 17  the applicant’s registered provisional immigrant
  18. 18  status under section 245B(d)(2)(A), the Sec-
  19. 19  retary may not approve an application for ad-
  20. 20  justment of status under this section unless the
  21. 21  Secretary makes a final determination not to
  22. 22  revoke the applicant’s status.
  23. 23  ‘‘(2) PAYMENT OF TAXES.—
  24. 24  ‘‘(A) IN GENERAL.—An applicant may not
  25. 25  file an application for adjustment of status

EAS13500 S.L.C. 96

  1. 1  under this section unless the applicant has sat-
  2. 2  isfied any applicable Federal tax liability.
  3. 3  ‘‘(B) DEFINITION OF APPLICABLE FED-
  4. 4  ERAL TAX LIABILITY.—In subparagraph (A),
  5. 5  the term ‘applicable Federal tax liability’ means
  6. 6  all assessed Federal income taxes since the date
  7. 7  on which the applicant was authorized to work
  8. 8  in the United States as a registered provisional
  9. 9  immigrant under section 245B(a).
  10. 10  ‘‘(C) COMPLIANCE.—The applicant may
  11. 11  demonstrate compliance with subparagraph (A)
  12. 12  by submitting such documentation as the Sec-
  13. 13  retary, in consultation with the Secretary of the
  14. 14  Treasury, may require by regulation.
  15. 15  ‘‘(3) EMPLOYMENT OR EDUCATION REQUIRE-
  16. 16  MENT.—
  17. 17  ‘‘(A) IN GENERAL.—Except as provided in
  18. 18  subparagraphs (D) and (E), an alien applying
  19. 19  for adjustment of status under this section shall
  20. 20  establish that, during his or her period of status
  21. 21  as a registered provisional immigrant, he or
  22. 22  she—
  23. 23  ‘‘(i)(I) was regularly employed
  24. 24  throughout the period of admission as a
  25. 25  registered provisional immigrant, allowing

EAS13500 S.L.C. 97

  1. 1  for brief periods lasting not more than 60
  2. 2  days; and
  3. 3  ‘‘(II) is not likely to become a public
  4. 4  charge (as determined under section
  5. 5  212(a)(4)); or
  6. 6  ‘‘(ii) can demonstrate average income
  7. 7  or resources that are not less than 125
  8. 8  percent of the Federal poverty level
  9. 9  throughout the period of admission as a
  10. 10  registered provisional immigrant.
  11. 11  ‘‘(B) EVIDENCE OF EMPLOYMENT.—
  12. 12  ‘‘(i) DOCUMENTS.—An alien may sat-
  13. 13  isfy the employment requirement under
  14. 14  subparagraph (A)(i) by submitting, to the
  15. 15  Secretary, records that—
  16. 16  ‘‘(I) establish, by the preponder-
  17. 17  ance of the evidence, compliance with
  18. 18  such employment requirement; and
  19. 19  ‘‘(II) have been maintained by
  20. 20  the Social Security Administration,
  21. 21  the Internal Revenue Service, or any
  22. 22  other Federal, State, or local govern-
  23. 23  ment agency.
  24. 24  ‘‘(ii) OTHER DOCUMENTS.—An alien
  25. 25  who is unable to submit the records de-

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scribed in clause (i) may satisfy the em- ployment or education requirement under subparagraph (A) by submitting to the Secretary at least 2 types of reliable docu- ments not described in clause (i) that pro- vide evidence of employment or education, including—

‘‘(I) bank records;
‘‘(II) business records;
‘‘(III) employer records;
‘‘(IV) records of a labor union,

day labor center, or organization that assists workers in employment;

‘‘(V) sworn affidavits from non- relatives who have direct knowledge of the alien’s work or education, that contain—

‘‘(aa) the name, address, and telephone number of the affi- ant;

‘‘(bb) the nature and dura- tion of the relationship between the affiant and the alien; and

‘‘(cc) other verification or information;

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‘‘(VI) remittance records; and

‘‘(VII) school records from insti- tutions described in subparagraph (D).
‘‘(iii) ADDITIONAL DOCUMENTS AND

RESTRICTIONS.—The Secretary may—
‘‘(I) designate additional docu- ments that may be used to establish compliance with the requirement

under subparagraph (A); and
‘‘(II) set such terms and condi-

tions on the use of affidavits as may be necessary to verify and confirm the identity of any affiant or to otherwise prevent fraudulent submissions.

‘‘(C) SATISFACTION OF EMPLOYMENT RE- QUIREMENT.—An alien may not be required to satisfy the employment requirements under this section with a single employer.

‘‘(D) EDUCATION PERMITTED.—An alien may satisfy the requirement under subpara- graph (A), in whole or in part, by providing evi- dence of full-time attendance at—

‘‘(i) an institution of higher education (as defined in section 102(a) of the Higher

EAS13500 S.L.C. 100

  1. 1  Education Act of 1965 (20 U.S.C.
  2. 2  1002(a)));
  3. 3  ‘‘(ii) a secondary school (as defined in
  4. 4  section 9101 of the Elementary and Sec-
  5. 5  ondary Education Act of 1965 (20 U.S.C.
  6. 6  7801));
  7. 7  ‘‘(iii) an education, literacy, or career
  8. 8  training program (including vocational
  9. 9  training) that is designed to lead to place-
  10. 10  ment in postsecondary education, job train-
  11. 11  ing, or employment through which the
  12. 12  alien is working toward such placement; or
  13. 13  ‘‘(iv) an education program assisting
  14. 14  students either in obtaining a regular high
  15. 15  school diploma or its recognized equivalent
  16. 16  under state law (including a certificate of
  17. 17  completion, certificate of attendance, or al-
  18. 18  ternate award), or in passing a General
  19. 19  Educational Development exam or other
  20. 20  equivalent State-authorized exam.
  21. 21  ‘‘(E) AUTHORIZATION OF EXCEPTIONS
  22. 22  AND WAIVERS.—
  23. 23  ‘‘(i) EXCEPTIONS BASED ON AGE OR
  24. 24  DISABILITY.—The employment and edu-

EAS13500 S.L.C. 101

  1. 1  cation requirements under this paragraph
  2. 2  shall not apply to any alien who —
  3. 3  ‘‘(I) is younger than 21 years of
  4. 4  age on the date on which the alien
  5. 5  files an application for the first exten-
  6. 6  sion of the initial period of authorized
  7. 7  admission as a registered provisional
  8. 8  immigrant;
  9. 9  ‘‘(II) is at least 60 years of age
  10. 10  on the date on which the alien files an
  11. 11  application described in subclause (II)
  12. 12  or at least 65 years of age on the date
  13. 13  on which the alien’s status is adjusted
  14. 14  under this section; or
  15. 15  ‘‘(III) has a physical or mental
  16. 16  disability (as defined in section 3(2)
  17. 17  of the Americans with Disabilities Act
  18. 18  of 1990 (42 U.S.C. 12102(2))) or as
  19. 19  a result of pregnancy if such condition
  20. 20  is evidenced by the submission of doc-
  21. 21  umentation prescribed by the Sec-
  22. 22  retary.
  23. 23  ‘‘(ii) FAMILY EXCEPTIONS.—The em-
  24. 24  ployment and education requirements
  25. 25  under this paragraph shall not apply to

EAS13500 S.L.C. 102

  1. 1  any alien who is a dependent registered
  2. 2  provisional immigrant under subsection
  3. 3  (b)(5).
  4. 4  ‘‘(iii) TEMPORARY EXCEPTIONS.—The
  5. 5  employment and education requirements
  6. 6  under this paragraph shall not apply dur-
  7. 7  ing any period during which the alien—
  8. 8  ‘‘(I) was on medical leave, mater-
  9. 9  nity leave, or other employment leave
  10. 10  authorized by Federal law, State law,
  11. 11  or the policy of the employer;
  12. 12  ‘‘(II) is or was the primary care-
  13. 13  taker of a child or another person who
  14. 14  requires supervision or is unable to
  15. 15  care for himself or herself; or
  16. 16  ‘‘(III) was unable to work due to
  17. 17  circumstances outside the control of
  18. 18  the alien.
  19. 19  ‘‘(iv) WAIVER.—The Secretary may
  20. 20  waive the employment or education re-
  21. 21  quirements under this paragraph with re-
  22. 22  spect to any individual alien who dem-
  23. 23  onstrates extreme hardship to himself or
  24. 24  herself or to a spouse, parent, or child who

EAS13500 S.L.C. 103

  1. 1  is a United States citizen or lawful perma-
  2. 2  nent resident.
  3. 3  ‘‘(4) ENGLISH SKILLS.—
  4. 4  ‘‘(A) IN GENERAL.—Except as provided
  5. 5  under subparagraph (C), a registered provi-
  6. 6  sional immigrant who is 16 years of age or
  7. 7  older shall establish that he or she—
  8. 8  ‘‘(i) meets the requirements set forth
  9. 9  in section 312; or
  10. 10  ‘‘(ii) is satisfactorily pursuing a
  11. 11  course of study, pursuant to standards es-
  12. 12  tablished by the Secretary of Education, in
  13. 13  consultation with the Secretary, to achieve
  14. 14  an understanding of English and knowl-
  15. 15  edge and understanding of the history and
  16. 16  Government of the United States, as de-
  17. 17  scribed in section 312(a).
  18. 18  ‘‘(B) RELATION TO NATURALIZATION EX-
  19. 19  AMINATION.—A registered provisional immi-
  20. 20  grant who demonstrates that he or she meets
  21. 21  the requirements set forth in section 312 may
  22. 22  be considered to have satisfied such require-
  23. 23  ments for purposes of becoming naturalized as
  24. 24  a citizen of the United States.
  25. 25  ‘‘(C) EXCEPTIONS.—

EAS13500 S.L.C. 104

  1. 1  ‘‘(i) MANDATORY.—Subparagraph (A)
  2. 2  shall not apply to any person who is unable
  3. 3  to comply with the requirements under
  4. 4  that subparagraph because of a physical or
  5. 5  developmental disability or mental impair-
  6. 6  ment.
  7. 7  ‘‘(ii) DISCRETIONARY.—The Secretary
  8. 8  may waive all or part of subparagraph (A)
  9. 9  for a registered provisional immigrant who
  10. 10  is 70 years of age or older on the date on
  11. 11  which an application is filed for adjust-
  12. 12  ment of status under this section.
  13. 13  ‘‘(5) MILITARY SELECTIVE SERVICE.—The alien
  14. 14  shall provide proof of registration under the Military
  15. 15  Selective Service Act (50 U.S.C. App. 451 et seq.)
  16. 16  if the alien is subject to such registration.
  17. 17  ‘‘(c) APPLICATION PROCEDURES.—
  18. 18  ‘‘(1) IN GENERAL.—Beginning on the date de-
  19. 19  scribed in paragraph (2), a registered provisional im-
  20. 20  migrant, or a registered provisional immigrant de-
  21. 21  pendent, who meets the eligibility requirements set
  22. 22  forth in subsection (b) may apply for adjustment of
  23. 23  status to that of an alien lawfully admitted for per-
  24. 24  manent residence by submitting an application to
  25. 25  the Secretary that includes the evidence required, by

EAS13500 S.L.C. 105

  1. 1  regulation, to demonstrate the applicant’s eligibility
  2. 2  for such adjustment.
  3. 3  ‘‘(2) BACK OF THE LINE.—The status of a reg-
  4. 4  istered provisional immigrant may not be adjusted to
  5. 5  that of an alien lawfully admitted for permanent res-
  6. 6  idence under this section until after the Secretary of
  7. 7  State certifies that immigrant visas have become
  8. 8  available for all approved petitions for immigrant
  9. 9  visas that were filed under sections 201 and 203 be-
  10. 10  fore the date of the enactment of the Border Secu-
  11. 11  rity, Economic Opportunity, and Immigration Mod-
  12. 12  ernization Act.
  13. 13  ‘‘(3) INTERVIEW.—The Secretary may interview
  14. 14  applicants for adjustment of status under this sec-
  15. 15  tion to determine whether they meet the eligibility
  16. 16  requirements set forth in subsection (b).
  17. 17  ‘‘(4) SECURITY AND LAW ENFORCEMENT
  18. 18  CLEARANCES.—The Secretary may not adjust the
  19. 19  status of a registered provisional immigrant under
  20. 20  this section until renewed national security and law
  21. 21  enforcement clearances have been completed with re-
  22. 22  spect to the registered provisional immigrant, to the
  23. 23  satisfaction of the Secretary.
  24. 24  ‘‘(5) FEES AND PENALTIES.—
  25. 25  ‘‘(A) PROCESSING FEES.—

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‘‘(i) IN GENERAL.—The Secretary shall impose a processing fee on applicants for adjustment of status under this section at a level sufficient to recover the full cost of processing such applications, including costs associated with—

‘‘(I) adjudicating the applica- tions;

‘‘(II) taking and processing bio- metrics;

‘‘(III) performing national secu- rity and criminal checks, including ad- judication;

‘‘(IV) preventing and inves- tigating fraud; and

‘‘(V) the administration of the fees collected.

‘‘(ii) AUTHORITY TO LIMIT FEES.— The Secretary, by regulation, may—

‘‘(I) limit the maximum proc- essing fee payable under this subpara- graph by a family, including spouses and children; and

EAS13500 S.L.C. 107

  1. 1  ‘‘(II) exempt other defined class-
  2. 2  es of individuals from the payment of
  3. 3  the fee authorized under clause (i).
  4. 4  ‘‘(iii) DEPOSIT AND USE OF FEES.—
  5. 5  Fees collected under this subparagraph—
  6. 6  ‘‘(I) shall be deposited into the
  7. 7  Comprehensive Immigration Reform
  8. 8  Trust Fund established under section
  9. 9  6(a)(1) of the Border Security, Eco-
  10. 10  nomic Opportunity, and Immigration
  11. 11  Modernization Act; and
  12. 12  ‘‘(II) may be used for the pur-
  13. 13  poses set forth in section 6(a)(3)(B)
  14. 14  of such Act.
  15. 15  ‘‘(B) PENALTIES.—
  16. 16  ‘‘(i) IN GENERAL.—In addition to the
  17. 17  processing fee required under subpara-
  18. 18  graph (A) and the penalty required under
  19. 19  section 245B(c)(6)(D), an alien who was
  20. 20  21 years of age or older on the date on
  21. 21  which the Border Security, Economic Op-
  22. 22  portunity, and Immigration Modernization
  23. 23  Act was originally introduced in the Senate
  24. 24  and is filing an application for adjustment
  25. 25  of status under this section shall pay a

EAS13500 S.L.C. 108

  1. 1  $1,000 penalty to the Secretary unless the
  2. 2  alien meets the requirements under section
  3. 3  245D(b).
  4. 4  ‘‘(ii) INSTALLMENTS.—The Secretary
  5. 5  shall establish a process for collecting pay-
  6. 6  ments required under clause (i) through
  7. 7  periodic installments.
  8. 8  ‘‘(iii) DEPOSIT, ALLOCATION, AND
  9. 9  SPENDING OF PENALTIES.—Penalties col-
  10. 10  lected under this subparagraph—
  11. 11  ‘‘(I) shall be deposited into the
  12. 12  Comprehensive Immigration Trust
  13. 13  Fund established under section
  14. 14  6(a)(1) of the Border Security, Eco-
  15. 15  nomic Opportunity, and Immigration
  16. 16  Modernization Act; and
  17. 17  ‘‘(II) may be used for the pur-
  18. 18  poses set forth in section 6(a)(3)(B)
  19. 19  of such Act.’’.
  20. 20  (b) LIMITATION ON REGISTERED PROVISIONAL IMMI-
  21. 21  GRANTS.—An alien admitted as a registered provisional
  22. 22  immigrant may only adjust status to an alien lawfully ad-
  23. 23  mitted for permanent resident status under section 2302
  24. 24  of this Act.

EAS13500 S.L.C. 109

  1. 1  (c) NATURALIZATION.—Section 319 (8 U.S.C. 1430)
  2. 2  is amended—
  3. 3  (1) in the section heading, by striking ‘‘AND
  4. 4  EMPLOYEES OF CERTAIN NONPROFIT ORGANI-
  5. 5  ZATIONS’’ and inserting ‘‘, EMPLOYEES OF CER-
  6. 6  TAIN NONPROFIT ORGANIZATIONS, AND OTHER
  7. 7  LONG-TERM LAWFUL RESIDENTS’’; and
  8. 8  (2) by adding at the end the following:
  9. 9  ‘‘(f) Any lawful permanent resident who was lawfully
  10. 10  present in the United States and eligible for work author-
  11. 11  ization for not less than 10 years before becoming a lawful
  12. 12  permanent resident may be naturalized upon compliance
  13. 13  with all the requirements under this title except the provi-
  14. 14  sions of section 316(a)(1) if such person, immediately pre-
  15. 15  ceding the date on which the person filed an application
  16. 16  for naturalization—
  17. 17  ‘‘(1) has resided continuously within the United
  18. 18  States, after being lawfully admitted for permanent
  19. 19  residence, for at least 3 years;
  20. 20  ‘‘(2) during the 3-year period immediately pre-
  21. 21  ceding such filing date, has been physically present
  22. 22  in the United States for periods totaling at least 50
  23. 23  percent of such period; and
  24. 24  ‘‘(3) has resided within the State or in the ju-
  25. 25  risdiction of the U.S. Citizenship and Immigration

EAS13500 S.L.C. 110

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Services field office in the United States in which the applicant filed such application for at least 3 months.’’.

SEC. 2103. THE DREAM ACT.

(a) SHORT TITLE.—This section may be cited as the ‘‘Development, Relief, and Education for Alien Minors Act of 2013’’ or the ‘‘DREAM Act 2013’’.

(b) ADJUSTMENT OF STATUS FOR CERTAIN ALIENS WHO ENTERED THE UNITED STATES AS CHILDREN.— Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245C, as added by section 2102 of this title, the following:
‘‘SEC. 245D. ADJUSTMENT OF STATUS FOR CERTAIN ALIENS

WHO ENTERED THE UNITED STATES AS CHIL-

DREN.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) INSTITUTION OF HIGHER EDUCATION.—

The term ‘institution of higher education’ has the meaning given such term in section 102 of the High- er 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.

‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary of Homeland Security.

EAS13500 S.L.C. 111

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‘‘(3) UNIFORMED SERVICES.—The term ‘Uni- formed Services’ has the meaning given the term ‘uniformed services’ in section 101(a)(5) of title 10, United States Code.
‘‘(b) ADJUSTMENT OF STATUS FOR CERTAIN ALIENS

WHO ENTERED THE UNITED STATES AS CHILDREN.— ‘‘(1) REQUIREMENTS.—

‘‘(A) IN GENERAL.—The Secretary of Homeland Security may adjust the status of a registered provisional immigrant to the status of a lawful permanent resident if the immigrant demonstrates that he or she—

‘‘(i) has been a registered provisional immigrant for at least 5 years;

‘‘(ii) was younger than 16 years of age on the date on which the alien initially entered the United States;

‘‘(iii) has earned a high school di- ploma or obtained a general education de- velopment certificate in the United States;

‘‘(iv)(I) has acquired a degree from an institution of higher education or has com- pleted at least 2 years, in good standing, in a program for a bachelor’s degree or higher degree in the United States; or

EAS13500 S.L.C. 112

  1. 1  ‘‘(II) has served in the Uniformed
  2. 2  Services for at least 4 years and, if dis-
  3. 3  charged, received an honorable discharge;
  4. 4  and
  5. 5  ‘‘(v) has provided a list of each sec-
  6. 6  ondary school (as that term is defined in
  7. 7  section 9101 of the Elementary and Sec-
  8. 8  ondary Education Act of 1965 (20 U.S.C.
  9. 9  7801)) that the alien attended in the
  10. 10  United States.
  11. 11  ‘‘(B) HARDSHIP EXCEPTION.—
  12. 12  ‘‘(i) IN GENERAL.—The Secretary
  13. 13  may adjust the status of a registered provi-
  14. 14  sional immigrant to the status of a lawful
  15. 15  permanent resident if the alien—
  16. 16  ‘‘(I) satisfies the requirements
  17. 17  under clauses (i), (ii), (iii), and (v) of
  18. 18  subparagraph (A); and
  19. 19  ‘‘(II) demonstrates compelling
  20. 20  circumstances for the inability to sat-
  21. 21  isfy the requirement under subpara-
  22. 22  graph (A)(iv).
  23. 23  ‘‘(C) CITIZENSHIP REQUIREMENT.—
  24. 24  ‘‘(i) IN GENERAL.—Except as pro-
  25. 25  vided in clause (ii), the Secretary may not

EAS13500 S.L.C. 113

  1. 1  adjust the status of an alien to lawful per-
  2. 2  manent resident status under this section
  3. 3  unless the alien demonstrates that the
  4. 4  alien satisfies the requirements of section
  5. 5  312(a) of the Immigration and Nationality
  6. 6  Act (8 U.S.C. 1423(a)).
  7. 7  ‘‘(ii) EXCEPTION.—Clause (i) shall
  8. 8  not apply to an alien whose physical or de-
  9. 9  velopmental disability or mental impair-
  10. 10  ment prevents the alien from meeting the
  11. 11  requirements such section.
  12. 12  ‘‘(D) SUBMISSION OF BIOMETRIC AND BIO-
  13. 13  GRAPHIC DATA.—The Secretary may not adjust
  14. 14  the status of an alien to lawful permanent resi-
  15. 15  dent status unless the alien—
  16. 16  ‘‘(i) submits biometric and biographic
  17. 17  data, in accordance with procedures estab-
  18. 18  lished by the Secretary; or
  19. 19  ‘‘(ii) complies with an alternative pro-
  20. 20  cedure prescribed by the Secretary, if the
  21. 21  alien is unable to provide such biometric
  22. 22  data because of a physical impairment.
  23. 23  ‘‘(E) BACKGROUND CHECKS.—
  24. 24  ‘‘(i) REQUIREMENT FOR BACKGROUND
  25. 25  CHECKS.—The Secretary shall utilize bio-

EAS13500 S.L.C. 114

  1. 1  metric, biographic, and other data that the
  2. 2  Secretary determines appropriate—
  3. 3  ‘‘(I) to conduct security and law
  4. 4  enforcement background checks of an
  5. 5  alien applying for lawful permanent
  6. 6  resident status under this section; and
  7. 7  ‘‘(II) to determine whether there
  8. 8  is any criminal, national security, or
  9. 9  other factor that would render the
  10. 10  alien ineligible for such status.
  11. 11  ‘‘(ii) COMPLETION OF BACKGROUND
  12. 12  CHECKS.—The Secretary may not adjust
  13. 13  an alien’s status to the status of a lawful
  14. 14  permanent resident under this subsection
  15. 15  until the security and law enforcement
  16. 16  background checks required under clause
  17. 17  (i) have been completed with respect to the
  18. 18  alien, to the satisfaction of the Secretary.
  19. 19  ‘‘(2) APPLICATION FOR LAWFUL PERMANENT
  20. 20  RESIDENT STATUS.—
  21. 21  ‘‘(A) IN GENERAL.—A registered provi-
  22. 22  sional immigrant seeking lawful permanent resi-
  23. 23  dent status shall file an application for such
  24. 24  status in such manner as the Secretary of
  25. 25  Homeland Security may require.

EAS13500 S.L.C. 115

  1. 1  ‘‘(B) ADJUDICATION.—
  2. 2  ‘‘(i) IN GENERAL.—The Secretary
  3. 3  shall evaluate each application filed by a
  4. 4  registered provisional immigrant under this
  5. 5  paragraph to determine whether the alien
  6. 6  meets the requirements under paragraph
  7. 7  (1).
  8. 8  ‘‘(ii) ADJUSTMENT OF STATUS IF FA-
  9. 9  VORABLE DETERMINATION.—If the Sec-
  10. 10  retary determines that the alien meets the
  11. 11  requirements under paragraph (1), the
  12. 12  Secretary shall notify the alien of such de-
  13. 13  termination and adjust the status of the
  14. 14  alien to lawful permanent resident status,
  15. 15  effective as of the date of such determina-
  16. 16  tion.
  17. 17  ‘‘(iii) ADVERSE DETERMINATION.—If
  18. 18  the Secretary determines that the alien
  19. 19  does not meet the requirements under
  20. 20  paragraph (1), the Secretary shall notify
  21. 21  the alien of such determination.
  22. 22  ‘‘(C) DACA RECIPIENTS.—The Secretary
  23. 23  may adopt streamlined procedures for appli-
  24. 24  cants for adjustment to lawful permanent resi-
  25. 25  dent status under this section who were granted

EAS13500 S.L.C. 116

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Deferred Action for Childhood Arrivals (re- ferred to in this paragraph as ‘DACA’) pursu- ant to the Secretary’s memorandum of June 15, 2012.

‘‘(3) TREATMENT FOR PURPOSES OF NATU- RALIZATION.—

‘‘(A) IN GENERAL.—An alien granted law- ful permanent resident status under this sub- section shall be considered, for purposes of title III—

‘‘(i) to have been lawfully admitted for permanent residence; and

‘‘(ii) to have been in the United States as an alien lawfully admitted to the United States for permanent residence during the period the alien was a reg- istered provisional immigrant.
‘‘(B) LIMITATION ON APPLICATION FOR

NATURALIZATION.—An alien may not apply for naturalization while the alien is a registered provisional immigrant..’’.

(c) EXEMPTION FROM NUMERICAL LIMITATIONS.— Section 201(b) (8 U.S.C. 1151(b)(1)) is amended—

(1) by redesignating subparagraph (E) as sub- paragraph (F); and

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(2) by inserting after subparagraph (D) the fol- lowing:

‘‘(E) Aliens whose status is adjusted to perma- nent resident status under section 245C or 245D.’’. (d) RESTORATION OF STATE OPTION TO DETER-

MINE RESIDENCY FOR PURPOSES OF HIGHER EDU- CATION.—

(1) REPEAL.—Section 505 of the Illegal Immi- gration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.

(2) EFFECTIVE DATE.—The repeal under para- graph (1) shall take effect as if included in the origi- nal enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208).

SEC. 2104. ADDITIONAL REQUIREMENTS.

(a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245C, as added by section 2102 of this title, the following:
‘‘SEC. 245E. ADDITIONAL REQUIREMENTS RELATING TO

REGISTERED PROVISIONAL IMMIGRANTS

AND OTHERS.

‘‘(a) DISCLOSURES.—

EAS13500 S.L.C. 118

  1. 1  ‘‘(1) PROHIBITED DISCLOSURES.—Except as
  2. 2  otherwise provided in this subsection, no officer or
  3. 3  employee of any Federal agency may—
  4. 4  ‘‘(A) use the information furnished in an
  5. 5  application for lawful status under section
  6. 6  245B, 245C, or 245D for any purpose other
  7. 7  than to make a determination on any applica-
  8. 8  tion by the alien for any immigration benefit or
  9. 9  protection;
  10. 10  ‘‘(B) make any publication through which
  11. 11  information furnished by any particular appli-
  12. 12  cant can be identified; or
  13. 13  ‘‘(C) permit anyone other than the sworn
  14. 14  officers, employees, and contractors of such
  15. 15  agency or of another entity approved by the
  16. 16  Secretary of Homeland Security to examine in-
  17. 17  dividual applications that have been filed under
  18. 18  either such section.
  19. 19  ‘‘(2) REQUIRED DISCLOSURES.—The Secretary
  20. 20  shall provide the information furnished in an appli-
  21. 21  cation filed under section 245B, 245C, or 245D and
  22. 22  any other information derived from such furnished
  23. 23  information to—
  24. 24  ‘‘(A) a law enforcement agency, intel-
  25. 25  ligence agency, national security agency, compo-

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nent of the Department of Homeland Security, court, or grand jury if such information is re- quested by such entity, consistent with law, in connection with—

‘‘(i) a criminal investigation or pros- ecution of any matter not related to the applicant’s immigration status; or

‘‘(ii) a national security investigation or prosecution; and

‘‘(B) an official coroner for purposes of af- firmatively identifying a deceased individual, whether or not the death of such individual re- sulted from a crime.

‘‘(3) AUDITING AND EVALUATION OF INFORMA- TION.—The Secretary may—

‘‘(b)

‘‘(A) audit and evaluate information fur- nished as part of any application filed under section 245B, 245C, or 245D for purposes of identifying immigration fraud or fraud schemes; and

‘‘(B) use any evidence detected by means of audits and evaluations for purposes of inves- tigating, prosecuting, referring for prosecution, or denying or terminating immigration benefits. EMPLOYER PROTECTIONS.—

EAS13500 S.L.C. 120

  1. 1  ‘‘(1) USE OF EMPLOYMENT RECORDS.—Copies
  2. 2  of employment records or other evidence of employ-
  3. 3  ment provided by an alien or by an alien’s employer
  4. 4  in support of an alien’s application for registered
  5. 5  provisional immigrant status under section 245B
  6. 6  may not be used in a civil or criminal prosecution
  7. 7  or investigation of that employer under section 274A
  8. 8  or the Internal Revenue Code of 1986 for the prior
  9. 9  unlawful employment of that alien regardless of the
  10. 10  adjudication of such application or reconsideration
  11. 11  by the Secretary of Homeland Security of such
  12. 12  alien’s prima facie eligibility determination. Employ-
  13. 13  ers that provide unauthorized aliens with copies of
  14. 14  employment records or other evidence of employment
  15. 15  pursuant to an application for registered provisional
  16. 16  immigrant status shall not be subject to civil and
  17. 17  criminal liability pursuant to section 274A for em-
  18. 18  ploying such unauthorized aliens.
  19. 19  ‘‘(2) LIMIT ON APPLICABILITY.—The protec-
  20. 20  tions for employers and aliens under paragraph (1)
  21. 21  shall not apply if the aliens or employers submit em-
  22. 22  ployment records that are deemed to be fraudulent.
  23. 23  ‘‘(c) ADMINISTRATIVE REVIEW.—
  24. 24  ‘‘(1) EXCLUSIVE ADMINISTRATIVE REVIEW.—
  25. 25  Administrative review of a determination respecting

EAS13500 S.L.C. 121

  1. 1  an application for status under section 245B, 245C,
  2. 2  or 245D shall be conducted solely in accordance with
  3. 3  this subsection.
  4. 4  ‘‘(2) ADMINISTRATIVE APPELLATE REVIEW.—
  5. 5  ‘‘(A) ESTABLISHMENT OF ADMINISTRA-
  6. 6  TIVE APPELLATE AUTHORITY.—The Secretary
  7. 7  of Homeland Security shall establish or des-
  8. 8  ignate an appellate authority to provide for a
  9. 9  single level of administrative appellate review of
  10. 10  a determination with respect to applications for,
  11. 11  or revocation of, status under sections 245B,
  12. 12  245C, and 245D.
  13. 13  ‘‘(B) SINGLE APPEAL FOR EACH ADMINIS-
  14. 14  TRATIVE DECISION.—
  15. 15  ‘‘(i) IN GENERAL.—An alien in the
  16. 16  United States whose application for status
  17. 17  under section 245B, 245C, or 245D has
  18. 18  been denied or revoked may file with the
  19. 19  Secretary not more than 1 appeal of each
  20. 20  decision to deny or revoke such status.
  21. 21  ‘‘(ii) NOTICE OF APPEAL.—A notice of
  22. 22  appeal filed under this subparagraph shall
  23. 23  be filed not later than 90 days after the
  24. 24  date of service of the decision of denial or

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  1. 1  revocation, unless the delay was reasonably
  2. 2  justifiable.
  3. 3  ‘‘(C) REVIEW BY SECRETARY.—Nothing in
  4. 4  this paragraph may be construed to limit the
  5. 5  authority of the Secretary to certify appeals for
  6. 6  review and final administrative decision.
  7. 7  ‘‘(D) DENIAL OF PETITIONS FOR DEPEND-
  8. 8  ENTS.—Appeals of a decision to deny or revoke
  9. 9  a petition filed by a registered provisional immi-
  10. 10  grant pursuant to regulations promulgated
  11. 11  under section 245B to classify a spouse or child
  12. 12  of such alien as a registered provisional immi-
  13. 13  grant shall be subject to the administrative ap-
  14. 14  pellate authority described in subparagraph (A).
  15. 15  ‘‘(E) STAY OF REMOVAL.—Aliens seeking
  16. 16  administrative review shall not be removed from
  17. 17  the United States until a final decision is ren-
  18. 18  dered establishing ineligibility for status under
  19. 19  section 245B, 245C, or 245D.
  20. 20  ‘‘(3) RECORD FOR REVIEW.—Administrative ap-
  21. 21  pellate review under paragraph (2) shall be de novo
  22. 22  and based solely upon—
  23. 23  ‘‘(A) the administrative record established
  24. 24  at the time of the determination on the applica-
  25. 25  tion; and

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  1. 1  ‘‘(B) any additional newly discovered or
  2. 2  previously unavailable evidence.
  3. 3  ‘‘(4) UNLAWFUL PRESENCE.—During the pe-
  4. 4  riod in which an alien may request administrative
  5. 5  review under this subsection, and during the period
  6. 6  that any such review is pending, the alien shall not
  7. 7  be considered ‘unlawfully present in the United
  8. 8  States’ for purposes of section 212(a)(9)(B).
  9. 9  ‘‘(d) PRIVACY AND CIVIL LIBERTIES.—
  10. 10  ‘‘(1) IN GENERAL.—The Secretary, in accord-
  11. 11  ance with subsection (a)(1), shall require appro-
  12. 12  priate administrative and physical safeguards to pro-
  13. 13  tect the security, confidentiality, and integrity of
  14. 14  personally identifiable information collected, main-
  15. 15  tained, and disseminated pursuant to sections 245B,
  16. 16  245C, and 245D.
  17. 17  ‘‘(2) ASSESSMENTS.—Notwithstanding the pri-
  18. 18  vacy requirements set forth in section 222 of the
  19. 19  Homeland Security Act (6 U.S.C. 142) and the E-
  20. 20  Government Act of 2002 (Public Law 107–347), the
  21. 21  Secretary shall conduct a privacy impact assessment
  22. 22  and a civil liberties impact assessment of the legal-
  23. 23  ization program established under sections 245B,
  24. 24  245C, and 245D during the pendency of the interim
  25. 25  final regulations required to be issued under section

EAS13500 S.L.C. 124

  1. 1  2110 of the Border Security, Economic Opportunity,
  2. 2  and Immigration Modernization Act.’’.
  3. 3  (b) JUDICIAL REVIEW.—Section 242 (8 U.S.C. 1252)
  4. 4  is amended—
  5. 5  (1) in subsection (a)(2)—
  6. 6  (A) in subparagraph (B), by inserting ‘‘the
  7. 7  exercise of discretion arising under’’ after ‘‘no
  8. 8  court shall have jurisdiction to review’’;
  9. 9  (B) in subparagraph (D), by striking
  10. 10  ‘‘raised upon a petition for review filed with an
  11. 11  appropriate court of appeals in accordance with
  12. 12  this section’’;
  13. 13  (2) in subsection (b)(2), by inserting ‘‘or, in the
  14. 14  case of a decision rendered under section 245E(c),
  15. 15  in the judicial circuit in which the petitioner resides’’
  16. 16  after ‘‘proceedings’’; and
  17. 17  (3) by adding at the end the following:
  18. 18  ‘‘(h) JUDICIAL REVIEW OF ELIGIBILITY DETERMINA-
  19. 19  TIONS RELATING TO STATUS UNDER CHAPTER 5.—
  20. 20  ‘‘(1) DIRECT REVIEW.—If an alien’s application
  21. 21  under section 245B, 245C, or 245D is denied, or is
  22. 22  revoked after the exhaustion of administrative appel-
  23. 23  late review under section 245E(c), the alien may
  24. 24  seek review of such decision, in accordance with
  25. 25  chapter 7 of title 5, United States Code, before the

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United States district court for the district in which the person resides.

‘‘(2) STATUS DURING REVIEW.—While a review described in paragraph (1) is pending—

‘‘(A) the alien shall not be deemed to ac- crue unlawful presence for purposes of section 212(a)(9);

‘‘(B) any unexpired grant of voluntary de- parture under section 240B shall be tolled; and ‘‘(C) the court shall have the discretion to stay the execution of any order of exclusion, de-

portation, or removal.

‘‘(3) REVIEW AFTER REMOVAL PRO- CEEDINGS.—An alien may seek judicial review of a denial or revocation of approval of the alien’s appli- cation under section 245B, 245C, or 245D in the appropriate United States court of appeal in con- junction with the judicial review of an order of re- moval, deportation, or exclusion if the validity of the denial has not been upheld in a prior judicial pro- ceeding under paragraph (1).

‘‘(4) STANDARD FOR JUDICIAL REVIEW.—
‘‘(A) BASIS.—Judicial review of a denial, or revocation of an approval, of an application under section 245B, 245C, or 245D shall be

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based upon the administrative record estab- lished at the time of the review.

‘‘(B) AUTHORITY TO REMAND.—The re- viewing court may remand a case under this subsection to the Secretary of Homeland Secu- rity for consideration of additional evidence if the court finds that—

‘‘(i) the additional evidence is mate- rial; and

‘‘(ii) there were reasonable grounds for failure to adduce the additional evi- dence 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 an approval, of an application under section 245B, 245C, or 245D 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 United States dis- trict courts shall have jurisdiction over any cause or claim arising from a pattern or prac- tice of the Secretary of Homeland Security in

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the operation or implementation of the Border Security, Economic Opportunity, and Immigra- tion Modernization Act, or the amendments made by such Act, that is arbitrary, capricious, or otherwise contrary to law.

‘‘(B) SCOPE OF RELIEF.—The United States district courts may order any appro- priate relief in a clause 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, or 245E or any regulation, writ- ten policy, or written directive, issued or un- written policy or practice initiated by or under the authority of the Secretary of Homeland Se-

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curity to implement such sections, violates the Constitution of the United States or is other- wise in violation of law is available exclusively in an action instituted in United States District Court in accordance with the procedures pre- scribed in this paragraph.

‘‘(B) SAVINGS PROVISION.—Except as pro- vided in subparagraph (C), nothing in subpara- graph (A) may be construed to preclude an ap- plicant under 245B, 245C, or 245D from as- serting 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 de- scribed 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); and

‘‘(ii) the Federal Rules of Civil Proce- dure.

‘‘(D) PRECLUSIVE EFFECT.—The final dis- position of any claim brought under subpara- graph (A) shall be preclusive of any such claim

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asserted by the same individual in a subsequent proceeding under this subsection.

‘‘(E) EXHAUSTION AND STAY OF PRO- CEEDINGS.—

‘‘(i) IN GENERAL.—No claim brought under this paragraph shall require the plaintiff to exhaust administrative rem- edies under section 245E(c).

‘‘(ii) STAY AUTHORIZED.—Nothing in this paragraph may be construed to pre- vent the court from staying proceedings under this paragraph to permit the Sec- retary to evaluate an allegation of an un- written policy or practice or to take correc- tive action. In determining whether to issue such a stay, the court shall take into account any harm the stay may cause to the claimant.’’.

(c) RULE OF CONSTRUCTION.—Section 244(h) shall not limit the authority of the Secretary to adjust the sta- tus of an alien under section 245C or 245D of the Immi- gration and Nationality Act, as added by this subtitle.

(d) EFFECT OF FAILURE TO REGISTER ON ELIGI- BILITY FOR IMMIGRATION BENEFITS.—Failure to comply with section 264.1(f) of title 8, Code of Federal Regula-

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tions or with removal orders or voluntary departure agree- ments based on such section for acts committed before the date of the enactment of this Act shall not affect the eligi- bility of an alien to apply for a benefit under the Immigra- tion and Nationality Act (8 U.S.C. 1101 et seq.).

(e) CLERICAL AMENDMENT.—The table of contents

is amended by inserting after the item relating to section

245A the following:

‘‘Sec. 245B. Adjustment of status of eligible entrants before December 31, 2011, to that of registered provisional immigrant.

‘‘Sec. 245C. Adjustment of status of registered provisional immigrants.
‘‘Sec. 245D. Adjustment of status for certain aliens who entered the United

States as children.
‘‘Sec. 245E. Additional requirements relating to registered provisional immi-

grants and others.’’.

SEC. 2105. CRIMINAL PENALTY.

(a) IN GENERAL.—Chapter 69 of title 18, United States Code, is amended by adding at the end the fol- lowing:
‘‘§1430. Improper use of information relating to reg-

istered provisional immigrant applica-

tions

‘‘Any person who knowingly uses, publishes, or per- mits information described in section 245E(a) of the Im- migration and Nationality Act to be examined in violation of such section shall be fined not more than $10,000.’’.

(b) DEPOSIT OF FINES.—All criminal penalties col- lected under section 1430 of title 18, United States Code, as added by subsection (a), shall be deposited into the

EAS13500 S.L.C. 131

  1. 1  Comprehensive Immigration Reform Trust Fund estab-
  2. 2  lished under section 6(a)(1).
  3. 3  (c) CLERICAL AMENDMENT.—The table of sections
  4. 4  in chapter 69 of title 18, United States Code, is amended
  5. 5  by adding at the end the following:‘‘1430. Improper use of information relating to registered provisional immigrant applications.’’.
  6. 6  SEC. 2106. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI-
  7. 7  CANTS.
  8. 8  (a) ESTABLISHMENT.—The Secretary may establish,
  9. 9  within U.S. Citizenship and Immigration Services, a pro-
  10. 10  gram to award grants, on a competitive basis, to eligible
  11. 11  public or private nonprofit organizations that will use the
  12. 12  funding to assist eligible applicants under section 245B,
  13. 13  245C, or 245D of the Immigration and Nationality Act
  14. 14  by providing them with the services described in sub-
  15. 15  section (c).
  16. 16  (b) ELIGIBLE PUBLIC OR PRIVATE NON-PROFIT OR-
  17. 17  GANIZATION.—The term ‘‘eligible public or private non-
  18. 18  profit’’ means a nonprofit, tax-exempt organization, in-
  19. 19  cluding a community, faith-based or other immigrant-serv-
  20. 20  ing organization, whose staff has demonstrated qualifica-
  21. 21  tions, experience, and expertise in providing quality serv-
  22. 22  ices to immigrants, refugees, persons granted asylum, or
  23. 23  persons applying for such statuses.

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(c) USE OF FUNDS.—Grant funds awarded under this section may be used for the design and implementa- tion of programs that provide—

(1) information to the public regarding the eli- gibility and benefits of registered provisional immi- grant status authorized under section 245B of the Immigration and Nationality Act, particularly indi- viduals potentially eligible for such status;

(2) assistance, within the scope of authorized practice of immigration law, to individuals submit- ting applications for registered provisional immi- grant status, including—

(A) screening prospective applicants to as- sess their eligibility for such status;

(B) completing applications and petitions, including providing assistance in obtaining the requisite documents and supporting evidence;

(C) applying for any waivers for which ap- plicants and qualifying family members may be eligible; and

(D) providing any other assistance that the Secretary or grantees consider useful or nec- essary to apply for registered provisional immi- grant status;

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(3) assistance, within the scope of authorized practice of immigration law, to individuals seeking to adjust their status to that of an alien admitted for permanent residence under section 245C of the Im- migration and Nationality Act; and

(4) assistance, within the scope of authorized practice of immigration law, and instruction, to indi- viduals—

(A) on the rights and responsibilities of United States citizenship;

(B) in civics and civics-based English as a second language; and

(C) in applying for United States citizen- ship.

(d) SOURCE OF GRANT FUNDS.—
(1) APPLICATION FEES.—The Secretary may

use up to $50,000,000 from the Comprehensive Im- migration Reform Trust Fund established under sec- tion 6(a)(1) to carry out this section.

(2) AUTHORIZATION OF APPROPRIATIONS.— (A) AMOUNTS AUTHORIZED.—In addition to the amounts made available under paragraph (1), there are authorized to be appropriated such sums as may be necessary for each of the

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fiscal years 2014 through 2018 to carry out this section.

(B) AVAILABILITY.—Any amounts appro- priated pursuant to subparagraph (A) shall re- main available until expended.

SEC. 2107. CONFORMING AMENDMENTS TO THE SOCIAL SE- CURITY ACT.

(a) CORRECTION OF SOCIAL SECURITY RECORDS.— (1) IN GENERAL.—Section 208(e)(1) of the So- cial Security Act (42 U.S.C. 408(e)(1)) is amend-

ed—

(A) in subparagraph (B)(ii), by striking ‘‘or’’ at the end;

(B) in subparagraph (C), by striking the comma at the end and inserting a semicolon;

(C) by inserting after subparagraph (C) the following:

‘‘(D) who is granted status as a registered provisional immigrant under section 245B or 245D of the Immigration and Nationality Act; or

‘‘(E) whose status is adjusted to that of lawful permanent resident under section 245C of the Immigration and Nationality Act,’’; and

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(D) in the undesignated matter at the end, by inserting ‘‘, or in the case of an alien de- scribed in subparagraph (D) or (E), if such conduct is alleged to have occurred before the date on which the alien submitted an applica- tion under section 245B of such Act for classi- fication as a registered provisional immigrant’’ before the period at the end.
(2) EFFECTIVE DATE.—The amendments made

by paragraph (1) shall take effect on the first day of the tenth month that begins after the date of the enactment of this Act.
(b) STATE DISCRETION REGARDING TERMINATION

OF PARENTAL RIGHTS .—
(1) IN GENERAL.—A compelling reason for a

State not to file (or to join in the filing of) a petition to terminate parental rights under section 475(5)(E) of the Social Security Act (42 U.S.C. 675(5)(E)) shall include—

(A) the removal of the parent from the United States; or

(B) the involvement of the parent in (in- cluding detention pursuant to) an immigration proceeding, unless the parent is unfit or unwill- ing to be a parent of the child.

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(2) CONDITIONS.—Before a State may file to terminate the parental rights under such section 475(5)(E)—

(A) the State (or the county or other polit- ical subdivision of the State, as applicable) shall make reasonable efforts—

(i) to identify, locate, and contact, through the diplomatic or consular offices of the country to which the parent was re- moved or in which a parent or relative re- sides—

(I) any parent of the child who has been removed from the United States; and

(II) if possible, any potential adult relative of the child (as de- scribed in section 471(a)(29));
(ii) to notify such parent or relative of

the intent of the State (or the county or other political subdivision of the State, as applicable) to file (or to join in the filing of) a petition referred to in paragraph (1); or

(iii) to reunify the child with any such parent or relative; and

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(B) appropriate services have been pro- vided (and documented) to the parent or rel- ative.
(3) CONFORMING AMENDMENT.—Section

475(5)(E)(ii) of the Social Security Act (42 U.S.C. 675(5)(E)) is amended by inserting ‘‘, including the reason set forth in section 2107(b)(1) of the Border Security, Economic Opportunity, and Immigration Modernization Act’’ after ‘‘child’’.

(c) CHILDREN SEPARATED FROM PARENTS AND CAREGIVERS.—

(1) STATE PLAN FOR FOSTER CARE AND ADOP- TION ASSISTANCE.—Section 471(a) of the Social Se- curity Act (42 U.S.C. 671(a)) is amended—

(A) by amending paragraph (19) to read as follows:

‘‘(19) provides that the State shall consider giv- ing preference to an adult relative over a nonrelated caregiver when determining a placement for a child if—

‘‘(A) the relative caregiver meets all rel- evant State child protection standards; and

‘‘(B) the standards referred to in subpara- graph (A) ensure that the immigration status alone of a parent, legal guardian, or relative

EAS13500 S.L.C. 138

  1. 1  shall not disqualify the parent, legal guardian,
  2. 2  or relative from being a placement for a child;’’;
  3. 3  and
  4. 4  (B) in paragraph (32), by striking ‘‘and’’
  5. 5  at the end;
  6. 6  (C) in paragraph (33), by striking the pe-
  7. 7  riod at the end and inserting ‘‘; and’’; and
  8. 8  (D) by adding at the end the following:
  9. 9  ‘‘(34) provides that the State shall—
  10. 10  ‘‘(A) ensure that the case manager for a
  11. 11  separated child is capable of communicating in
  12. 12  the native language of such child and of the
  13. 13  family of such child, or an interpreter who is so
  14. 14  capable is provided to communicate with such
  15. 15  child and the family of such child at no cost to
  16. 16  the child or to the family of such child;
  17. 17  ‘‘(B) coordinate with the Department of
  18. 18  Homeland Security to ensure that parents who
  19. 19  wish for their child to accompany them to their
  20. 20  country of origin are given adequate time and
  21. 21  assistance to obtain a passport and visa, and to
  22. 22  collect all relevant vital documents, such as
  23. 23  birth certificate, health, and educational records
  24. 24  and other information;

EAS13500 S.L.C. 139

  1. 1  ‘‘(C) coordinate with State agencies re-
  2. 2  garding alternate documentation requirements
  3. 3  for a criminal records check or a fingerprint-
  4. 4  based check for a caregiver that does not have
  5. 5  Federal or State-issued identification;
  6. 6  ‘‘(D) preserve, to the greatest extent pos-
  7. 7  sible, the privacy and confidentiality of all infor-
  8. 8  mation gathered in the course of administering
  9. 9  the care, custody, and placement of, and follow
  10. 10  up services provided to, a separated child, con-
  11. 11  sistent with the best interest of such child, by
  12. 12  not disclosing such information to other govern-
  13. 13  ment agencies or persons (other than a parent,
  14. 14  guardian, or relative caregiver or such child),
  15. 15  except that the head of the State agency may
  16. 16  disclose such information, after placing a writ-
  17. 17  ten record of the disclosure in the file of the
  18. 18  child—
  19. 19  ‘‘(i) to a consular official for the pur-
  20. 20  pose of reunification of a child with a par-
  21. 21  ent, legal guardian, or relative caregiver
  22. 22  who has been removed or is involved in an
  23. 23  immigration proceeding, unless the child
  24. 24  has refused contact with, or the sharing of
  25. 25  personal or identifying information with,

EAS13500 S.L.C. 140

  1. 1  the government of his or her country of or-
  2. 2  igin;
  3. 3  ‘‘(ii) when authorized to do so by the
  4. 4  child (if the child has attained 18 years of
  5. 5  age) if the disclosure is consistent with the
  6. 6  best interest of the child; or
  7. 7  ‘‘(iii) to a law enforcement agency if
  8. 8  the disclosure would prevent imminent and
  9. 9  serious harm to another individual; and
  10. 10  ‘‘(E) not less frequently than annually,
  11. 11  compile, update, and publish a list of entities in
  12. 12  the State that are qualified to provide guardian
  13. 13  and legal representation services for a separated
  14. 14  child, in a language such that a child can read
  15. 15  and understand.’’.
  16. 16  (2) ADDITIONAL INFORMATION TO BE IN-
  17. 17  CLUDED IN CASE PLAN.—Section 475 of such Act
  18. 18  (42 U.S.C. 675) is amended—
  19. 19  (A) in paragraph (1), by adding at the end
  20. 20  the following:
  21. 21  ‘‘(H) In the case of a separated child with
  22. 22  respect to whom the State plan requires the
  23. 23  State to provide services under section
  24. 24  471(a)(34)—

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‘‘(i) the location of the parent, guard- ian, or relative described in paragraph (9)(A) from whom the child has been sepa- rated; and

‘‘(ii) a written record of each disclo- sure to a government agency or person (other than such a parent, guardian, or relative) of information gathered in the course of tracking the care, custody, and placement of, and follow-up services pro- vided to, the child.’’; and
(B) by adding at the end the following:

‘‘(9) The term ‘separated child’ means an indi- vidual who—

‘‘(A) has a parent, legal guardian, or pri- mary caregiver who has been—

‘‘(i) detained by a Federal, State, or local law enforcement agency in the en- forcement of an immigration law; or

‘‘(ii) removed from the United States as a result of a violation of such a law; and ‘‘(B) is in foster care under the responsi-

bility of a State.’’.

(3) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on the 1st day

EAS13500 S.L.C. 142

  1. 1  of the 1st calendar quarter that begins after the 1-
  2. 2  year period that begins on the date of the enactment
  3. 3  of this Act.
  4. 4  SEC. 2108. GOVERNMENT CONTRACTING AND ACQUISITION

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OF REAL PROPERTY INTEREST.

(a) EXEMPTION FROM GOVERNMENT CONTRACTING HIRING RULES.—

(1) IN GENERAL.—A determination by a Fed- eral agency to use a procurement competition ex- emption under section 253(c) of title 41, United States Code, or to use the authority granted in para- graph (2), for the purpose of implementing this title and the amendments made by this title is not sub- ject to challenge by protest to the Government Ac- countability Office under sections 3551 and 3556 of title 31, United States Code, or to the Court of Fed- eral Claims, under section 1491 of title 28, United States Code. An agency shall immediately advise the Congress of the exercise of the authority granted under this paragraph.

(2) GOVERNMENT CONTRACTING EXEMPTION.— The competition requirement under section 253(a) 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

EAS13500 S.L.C. 143

  1. 1  made by this title if the senior procurement execu-
  2. 2  tive for the agency conducting the procurement—
  3. 3  (A) determines that the waiver or modi-
  4. 4  fication is necessary; and
  5. 5  (B) submits an explanation for such deter-
  6. 6  mination to the Committee on Homeland Secu-
  7. 7  rity and Governmental Affairs of the Senate
  8. 8  and the Committee on Homeland Security of
  9. 9  the House of Representatives.
  10. 10  (3) HIRING RULES EXEMPTION.—Notwith-
  11. 11  standing any other provision of law, the Secretary of
  12. 12  Homeland Security is authorized to make term, tem-
  13. 13  porary limited, and part-time appointments of em-
  14. 14  ployees who will implement this title and the amend-
  15. 15  ments made by this title without regard to the num-
  16. 16  ber of such employees, their ratio to permanent full-
  17. 17  time employees, and the duration of their employ-
  18. 18  ment. Nothing in chapter 71 of title 5, United
  19. 19  States Code, shall affect the authority of any De-
  20. 20  partment of Homeland Security management official
  21. 21  to hire term, temporary limited or part-time employ-
  22. 22  ees under this paragraph.
  23. 23  (b) AUTHORITY TO WAIVE ANNUITY LIMITATIONS.—
  24. 24  Section 824(g)(2)(B) of the Foreign Service Act of 1980

EAS13500 S.L.C. 144

  1. 1  (22 U.S.C. 4064(g)(2)(B)) is amended by striking ‘‘2009’’
  2. 2  and inserting ‘‘2017’’.
  3. 3  (c) AUTHORITY TO ACQUIRE LEASEHOLDS.—Not-
  4. 4  withstanding any other provision of law, the Secretary of
  5. 5  Homeland Security may acquire a leasehold interest in
  6. 6  real property, and may provide in a lease entered into
  7. 7  under this subsection for the construction or modification
  8. 8  of any facility on the leased property, if the Secretary de-
  9. 9  termines that the acquisition of such interest, and such
  10. 10  construction or modification, are necessary in order to fa-
  11. 11  cilitate the implementation of this title and the amend-
  12. 12  ments made by this title.
  13. 13  SEC. 2109. LONG-TERM LEGAL RESIDENTS OF THE COM-
  14. 14  MONWEALTH OF THE NORTHERN MARIANA
  15. 15  ISLANDS.
  16. 16  Section (6)(e) of the Joint Resolution entitled ‘‘A
  17. 17  Joint Resolution to approve the ‘Covenant to Establish a
  18. 18  Commonwealth of the Northern Mariana Islands in Polit-
  19. 19  ical Union with the United States of America’, and for
  20. 20  other purposes’’, approved March 24, 1976 (48 U.S.C.
  21. 21  1806(e)), as added by section 702 of the Consolidated
  22. 22  Natural Resources Act of 2008 (Public Law 110–229; 122
  23. 23  Stat. 854), is amended by adding at the end the following:
  24. 24  ‘‘(6) SPECIAL PROVISION REGARDING LONG-
  25. 25  TERM RESIDENTS OF THE COMMONWEALTH.—

EAS13500 S.L.C. 145

  1. 1  ‘‘(A) CNMI-ONLY RESIDENT STATUS.—
  2. 2  Notwithstanding paragraph (1), an alien de-
  3. 3  scribed in subparagraph (B) may, upon the ap-
  4. 4  plication of the alien, be admitted as an immi-
  5. 5  grant to the Commonwealth subject to the fol-
  6. 6  lowing rules:
  7. 7  ‘‘(i) The alien shall be treated as an
  8. 8  immigrant lawfully admitted for permanent
  9. 9  residence in the Commonwealth only, in-
  10. 10  cluding permitting entry to and exit from
  11. 11  the Commonwealth, until the earlier of the
  12. 12  date on which—
  13. 13  ‘‘(I) the alien ceases to perma-
  14. 14  nently reside in the Commonwealth;
  15. 15  or
  16. 16  ‘‘(II) the alien’s status is ad-
  17. 17  justed under this paragraph or section
  18. 18  245 of the Immigration and Nation-
  19. 19  ality Act (8 U.S.C. 1255) to that of
  20. 20  an alien lawfully admitted for perma-
  21. 21  nent residence in accordance with all
  22. 22  applicable eligibility requirements.
  23. 23  ‘‘(ii) The Secretary of Homeland Se-
  24. 24  curity shall establish a process for such
  25. 25  aliens to apply for CNMI-only permanent

EAS13500 S.L.C. 146

  1. 1  resident status during the 90-day period
  2. 2  beginning on the first day of the sixth
  3. 3  month after the date of the enactment of
  4. 4  this paragraph.
  5. 5  ‘‘(iii) Nothing in this subparagraph
  6. 6  may be construed to provide any alien sta-
  7. 7  tus under this subparagraph with public
  8. 8  assistance to which the alien is not other-
  9. 9  wise entitled.
  10. 10  ‘‘(B) ALIENS DESCRIBED.—An alien is de-
  11. 11  scribed in this subparagraph if the alien—
  12. 12  ‘‘(i) is lawfully present in the Com-
  13. 13  monwealth under the immigration laws of
  14. 14  the United States;
  15. 15  ‘‘(ii) is otherwise admissible to the
  16. 16  United States under the Immigration and
  17. 17  Nationality Act (8 U.S.C. 1101 et seq.);
  18. 18  ‘‘(iii) resided continuously and law-
  19. 19  fully in the Commonwealth from November
  20. 20  28, 2009, through the date of the enact-
  21. 21  ment of this paragraph;
  22. 22  ‘‘(iv) is not a citizen of the Republic
  23. 23  of the Marshall Islands, the Federated
  24. 24  States of Micronesia, or the Republic of
  25. 25  Palau; and

EAS13500 S.L.C. 147

  1. 1  ‘‘(v)(I) was born in the Northern
  2. 2  Mariana Islands between January 1, 1974
  3. 3  and January 9, 1978;
  4. 4  ‘‘(II) was, on May 8, 2008, and con-
  5. 5  tinues to be as of the date of the enact-
  6. 6  ment of this paragraph, a permanent resi-
  7. 7  dent (as defined in section 4303 of title 3
  8. 8  of the Northern Mariana Islands Common-
  9. 9  wealth Code, in effect on May 8, 2008);
  10. 10  ‘‘(III) is the spouse or child (as de-
  11. 11  fined in section 101(b)(1) of the Immigra-
  12. 12  tion and Nationality Act (8 U.S.C.
  13. 13  1101(b)(1))), of an alien described in sub-
  14. 14  clauses (I) or (II);
  15. 15  ‘‘(IV) was, on May 8, 2008, an imme-
  16. 16  diate relative (as defined in section 4303 of
  17. 17  title 3 of the Northern Mariana Islands
  18. 18  Commonwealth Code, in effect on May 8,
  19. 19  2008, of a United States citizen, notwith-
  20. 20  standing the age of the United States cit-
  21. 21  izen, and continues to be such an imme-
  22. 22  diate relative on the date of the application
  23. 23  described in subparagraph (A);
  24. 24  ‘‘(V) resided in the Northern Mariana
  25. 25  Islands as a guest worker under Common-

EAS13500 S.L.C. 148

  1. 1  wealth immigration law for at least 5 years
  2. 2  before May 8, 2008 and is presently resi-
  3. 3  dent under CW-1 status; or
  4. 4  ‘‘(VI) is the spouse or child (as de-
  5. 5  fined in section 101(b)(1) of the Immigra-
  6. 6  tion and Nationality Act (8 U.S.C.
  7. 7  1101(b)(1))), of the alien guest worker de-
  8. 8  scribed in subclause (V) and is presently
  9. 9  resident under CW-2 status.
  10. 10  ‘‘(C) ADJUSTMENT FOR LONG TERM AND
  11. 11  PERMANENT RESIDENTS.—Beginning on the
  12. 12  date that is 5 years after the date of the enact-
  13. 13  ment of the Border Security, Economic Oppor-
  14. 14  tunity, and Immigration Modernization Act, an
  15. 15  alien described in subparagraph (B) may apply
  16. 16  to receive an immigrant visa or to adjust his or
  17. 17  her status to that of an alien lawfully admitted
  18. 18  for permanent residence.’’.
  19. 19  SEC. 2110. RULEMAKING.
  20. 20  (a) IN GENERAL.—Not later than 1 year after the
  21. 21  date of the enactment of this Act, the Secretary, the Attor-
  22. 22  ney General, and the Secretary of State separately shall
  23. 23  issue interim final regulations to implement this subtitle
  24. 24  and the amendments made by this subtitle, which shall

EAS13500 S.L.C. 149

  1. 1  take effect immediately upon publication in the Federal
  2. 2  Register.
  3. 3  (b) APPLICATION PROCEDURES; PROCESSING FEES;
  4. 4  DOCUMENTATION.—The interim final regulations issued
  5. 5  under subsection (a) shall include—
  6. 6  (1) the procedures by which an alien, and the
  7. 7  dependent spouse and children of such alien may
  8. 8  apply for status under section 245B of the Immigra-
  9. 9  tion and Nationality Act, as added by section 2101
  10. 10  of this Act, as a registered provisional immigrant or
  11. 11  a registered provisional immigrant dependent, as ap-
  12. 12  plicable, including the evidence required to dem-
  13. 13  onstrate eligibility for such status or to be included
  14. 14  in each application for such status;
  15. 15  (2) the criteria to be used by the Secretary to
  16. 16  determine—
  17. 17  (A) the maximum processing fee payable
  18. 18  under sections 245B(c)(10)(B) and
  19. 19  245C(c)(5)(A) of such Act by a family, includ-
  20. 20  ing spouses and unmarried children younger
  21. 21  than 21 years of age; and
  22. 22  (B) which individuals will be exempt from
  23. 23  such fees;

EAS13500 S.L.C. 150

  1. 1  (3) the documentation required to be submitted
  2. 2  by the applicant to demonstrate compliance with sec-
  3. 3  tion 245C(b)(3) of such Act; and
  4. 4  (4) the procedures for a registered provisional
  5. 5  immigrant to apply for adjustment of status under
  6. 6  section 245C or 245D of such Act, including the evi-
  7. 7  dence required to be submitted with such application
  8. 8  to demonstrate the applicant’s eligibility for such ad-
  9. 9  justment.
  10. 10  (c) EXEMPTION FROM NATIONAL ENVIRONMENTAL
  11. 11  POLICY ACT.—Any decision by the Secretary concerning
  12. 12  any rulemaking action, plan, or program described in this
  13. 13  section shall not be considered to be a major Federal ac-
  14. 14  tion subject to review under the National Environmental
  15. 15  Policy Act of 1969 (42 U.S.C. 4321 et seq.).
  16. 16  SEC. 2111. STATUTORY CONSTRUCTION.
  17. 17  Except as specifically provided, nothing in this sub-
  18. 18  title, or any amendment made by this subtitle, may be con-
  19. 19  strued to create any substantive or procedural right or
  20. 20  benefit that is legally enforceable by any party against the
  21. 21  United States or its agencies or officers or any other per-
  22. 22  son.

EAS13500 S.L.C. 151

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Subtitle B—Agricultural Worker Program

SEC. 2201. SHORT TITLE.

This subtitle may be cited as the ‘‘Agricultural Work- er Program Act of 2013’’.
SEC. 2202. DEFINITIONS.

In this subtitle:
(1) BLUE CARD STATUS.—The term ‘‘blue card

status’’ means the status of an alien who has been lawfully admitted into the United States for tem- porary residence under section 2211.

(2) AGRICULTURAL EMPLOYMENT.—The term ‘‘agricultural employment’’—

(A) subject to subparagraph (B) has the meaning given such term in section 3 of the Mi- grant and Seasonal Agricultural Worker Protec- tion Act (29 U.S.C. 1802), without regard to whether the specific service or activity is tem- porary or seasonal; and

(B) includes farming in all its branches, the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and har- vesting of any agricultural or horticultural com- modities, the raising of livestock, bees, fur-bear- ing animals, or poultry, and any practices (in-

EAS13500 S.L.C. 152

  1. 1  cluding any forestry or lumbering operations)
  2. 2  performed by a farmer or on a farm as an inci-
  3. 3  dent to, or in conjunction with, such farming
  4. 4  operations, including preparation for market,
  5. 5  delivery to storage or to market or to carriers
  6. 6  for transportation to market.
  7. 7  (3) CHILD.—The term ‘‘child’’ has the meaning
  8. 8  given the term in section 101(b)(1) of the Immigra-
  9. 9  tion and Nationality Act (8 U.S.C. 1101(b)(1)).
  10. 10  (4) EMPLOYER.—The term ‘‘employer’’ means
  11. 11  any person or entity, including any farm labor con-
  12. 12  tractor and any agricultural association, that em-
  13. 13  ploys workers in agricultural employment.
  14. 14  (5) QUALIFIED DESIGNATED ENTITY.—The
  15. 15  term ‘‘qualified designated entity’’ means—
  16. 16  (A) a qualified farm labor organization or
  17. 17  an association of employers designated by the
  18. 18  Secretary; or
  19. 19  (B) any other entity that the Secretary
  20. 20  designates as having substantial experience,
  21. 21  demonstrated competence, and a history of
  22. 22  long-term involvement in the preparation and
  23. 23  submission of application for adjustment of sta-
  24. 24  tus under title II of the Immigration and Na-
  25. 25  tionality Act (8 U.S.C. 1151 et seq.).

EAS13500 S.L.C. 153

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(6) WORK DAY.—The term ‘‘work day’’ means any day in which the individual is employed 5.75 or more hours in agricultural employment.

CHAPTER 1—PROGRAM FOR EARNED STA- TUS ADJUSTMENT OF AGRICULTURAL WORKERS

Subchapter A—Blue Card Status SEC. 2211. REQUIREMENTS FOR BLUE CARD STATUS.

(a) REQUIREMENTS FOR BLUE CARD STATUS.—Not- withstanding any other provision of law, the Secretary, after conducting the national security and law enforce- ment clearances required under section 245B(c)(4), may grant blue card status to an alien who—

(1)(A) performed agricultural employment in the United States for not fewer than 575 hours or 100 work days during the 2-year period ending on December 31, 2012; or

(B) is the spouse or child of an alien described in paragraph (1);

(2) submits a completed application before the end of the period set forth in subsection (b)(2); and (3) is not ineligible under paragraph (3) or (4) of section 245B(b) of the Immigration and Nation-

ality Act.
(b) APPLICATION.—

EAS13500 S.L.C. 154

  1. 1  (1) IN GENERAL.—An alien who meets the eli-
  2. 2  gibility requirements set forth in subsection (a)(1),
  3. 3  may apply for blue card status and that alien’s
  4. 4  spouse or child may apply for agricultural worker
  5. 5  status as a dependent, by submitting a completed
  6. 6  application form to the Secretary during the applica-
  7. 7  tion period set forth in paragraph (2) in accordance
  8. 8  with the final rule promulgated by the Secretary
  9. 9  pursuant to subsection (f).
  10. 10  (2) APPLICATION PERIOD.—
  11. 11  (A) INITIAL PERIOD.—Except as provided
  12. 12  in subparagraph (B), the Secretary may only
  13. 13  accept applications for blue card status from
  14. 14  aliens in the United States during the 1-year
  15. 15  period beginning on the date on which the final
  16. 16  rule is published in the Federal Register pursu-
  17. 17  ant to subsection (f).
  18. 18  (B) EXTENSION.—If the Secretary deter-
  19. 19  mines, during the initial period described in
  20. 20  subparagraph (A), that additional time is re-
  21. 21  quired to process applications for blue card sta-
  22. 22  tus or for other good cause, the Secretary may
  23. 23  extend the period for accepting applications for
  24. 24  an additional 18 months.
  25. 25  (3) APPLICATION FORM.—

EAS13500 S.L.C. 155

  1. 1  (A) REQUIRED INFORMATION.—The appli-
  2. 2  cation form referred to in paragraph (1) shall
  3. 3  collect such information as the Secretary deter-
  4. 4  mines necessary and appropriate.
  5. 5  (B) FAMILY APPLICATION.—The Secretary
  6. 6  shall establish a process through which an alien
  7. 7  may submit a single application under this sec-
  8. 8  tion on behalf of the alien, his or her spouse,
  9. 9  and his or her children, who are residing in the
  10. 10  United States.
  11. 11  (C) INTERVIEW.—The Secretary may
  12. 12  interview applicants for blue card status to de-
  13. 13  termine whether they meet the eligibility re-
  14. 14  quirements set forth in subsection (a)(1).
  15. 15  (4) ALIENS APPREHENDED BEFORE OR DURING
  16. 16  THE APPLICATION PERIOD.—If an alien, who is ap-
  17. 17  prehended during the period beginning on the date
  18. 18  of the enactment of this Act and ending on the ap-
  19. 19  plication period described in paragraph (2), appears
  20. 20  prima facie eligible for blue card status, the Sec-
  21. 21  retary—
  22. 22  (A) shall provide the alien with a reason-
  23. 23  able opportunity to file an application under
  24. 24  this section during such application period; and

EAS13500 S.L.C. 156

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(B) may not remove the individual until a final administrative determination is made on the application.
(5) SUSPENSION OF REMOVAL DURING APPLI-

CATION PERIOD.—
(A) PROTECTION FROM DETENTION OR

REMOVAL.—An alien granted blue card status may not be detained by the Secretary or re- moved from the United States unless—

(i) such alien is, or has become, ineli- gible for blue card status under subsection (a)(1)(C); or

(ii) the alien’s blue card status has been revoked under subsection (2).
(B) ALIENS IN REMOVAL PROCEEDINGS.—

Notwithstanding any other provision of the Im- migration and Nationality Act (8 U.S.C. 1101 et seq.)—

(i) if the Secretary determines that an alien, during the period beginning on the date of the enactment of this section and ending on the last day of the application period described in paragraph (2), is in re- moval, deportation, or exclusion pro- ceedings before the Executive Office for

EAS13500 S.L.C. 157

  1. 1  Immigration Review and is prima facie eli-
  2. 2  gible for blue card status under this sec-
  3. 3  tion—
  4. 4  (I) the Secretary shall provide
  5. 5  the alien with the opportunity to file
  6. 6  an application for such status; and
  7. 7  (II) upon motion by the Sec-
  8. 8  retary and with the consent of the
  9. 9  alien or upon motion by the alien, the
  10. 10  Executive Office for Immigration Re-
  11. 11  view shall—
  12. 12  (aa) terminate such pro-
  13. 13  ceedings without prejudice to fu-
  14. 14  ture proceedings on any basis;
  15. 15  and
  16. 16  (bb) provide the alien a rea-
  17. 17  sonable opportunity to apply for
  18. 18  such status; and
  19. 19  (ii) if the Executive Office for Immi-
  20. 20  gration Review determines that an alien,
  21. 21  during the application period described in
  22. 22  paragraph (2), is in removal, deportation,
  23. 23  or exclusion proceedings before the Execu-
  24. 24  tive Office for Immigration Review and is

EAS13500 S.L.C. 158

  1. 1  prima facie eligible for blue card status
  2. 2  under this section—
  3. 3  (I) the Executive Office of Immi-
  4. 4  gration Review shall notify the Sec-
  5. 5  retary of such determination; and
  6. 6  (II) if the Secretary does not dis-
  7. 7  pute the determination of prima facie
  8. 8  eligibility within 7 days after such no-
  9. 9  tification, the Executive Office for Im-
  10. 10  migration Review, upon consent of the
  11. 11  alien, shall—
  12. 12  (aa) terminate such pro-
  13. 13  ceedings without prejudice to fu-
  14. 14  ture proceedings on any basis;
  15. 15  and
  16. 16  (bb) permit the alien a rea-
  17. 17  sonable opportunity to apply for
  18. 18  such status.
  19. 19  (C) TREATMENT OF CERTAIN ALIENS.—
  20. 20  (i) IN GENERAL.—If an alien who
  21. 21  meets the eligibility requirements set forth
  22. 22  in subsection (a) is present in the United
  23. 23  States and has been ordered excluded, de-
  24. 24  ported, or removed, or ordered to depart

EAS13500 S.L.C. 159

  1. 1  voluntarily from the United States under
  2. 2  any provision of this Act—
  3. 3  (I) notwithstanding such order or
  4. 4  section 241(a)(5) of the Immigration
  5. 5  and Nationality Act (8 U.S.C.
  6. 6  1231(a)(5)), the alien may apply for
  7. 7  blue card status under this section;
  8. 8  and
  9. 9  (II) if the alien is granted such
  10. 10  status, the alien shall file a motion to
  11. 11  reopen the exclusion, deportation, re-
  12. 12  moval, or voluntary departure order,
  13. 13  which motion shall be granted unless
  14. 14  1 or more of the grounds of ineligi-
  15. 15  bility is established by clear and con-
  16. 16  vincing evidence.
  17. 17  (ii) LIMITATIONS ON MOTIONS TO RE-
  18. 18  OPEN.—The limitations on motions to re-
  19. 19  open set forth in section 240(c)(7) of the
  20. 20  Immigration and Nationality Act (8 U.S.C.
  21. 21  1229a(c)(7)) shall not apply to motions
  22. 22  filed under clause (i)(II).
  23. 23  (D) PERIOD PENDING ADJUDICATION OF
  24. 24  APPLICATION.—

EAS13500 S.L.C. 160

  1. 1  (i) IN GENERAL.—During the period
  2. 2  beginning on the date on which an alien
  3. 3  applies for blue card status under para-
  4. 4  graph (1) and the date on which the Sec-
  5. 5  retary makes a final decision regarding
  6. 6  such application, the alien—
  7. 7  (I) may receive advance parole to
  8. 8  reenter the United States if urgent
  9. 9  humanitarian circumstances compel
  10. 10  such travel;
  11. 11  (II) may not be detained by the
  12. 12  Secretary or removed from the United
  13. 13  States unless the Secretary makes a
  14. 14  prima facie determination that such
  15. 15  alien is, or has become, ineligible for
  16. 16  blue card status under subsection
  17. 17  (a)(1)(c);
  18. 18  (III) shall not be considered un-
  19. 19  lawfully present for purposes of sec-
  20. 20  tion 212(a)(9)(B) of the Immigration
  21. 21  and Nationality Act (8 U.S.C.
  22. 22  1182(a)(9)(B)); and
  23. 23  (IV) shall not be considered an
  24. 24  unauthorized alien (as defined in sec-
  25. 25  tion 274A(h)(3) of the Immigration

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and Nationality Act (8 U.S.C. 1324a(h)(3))).
(ii) EVIDENCE OF APPLICATION FIL-

ING.—As soon as practicable after receiv- ing each application for blue card status, the Secretary shall provide the applicant with a document acknowledging the receipt of such application.

(iii) CONTINUING EMPLOYMENT.—An employer who knows an alien employee is an applicant for blue card status or will apply for such status once the application period commences is not in violation of sec- tion 274A(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)(2)) if the employer continues to employ the alien pending the adjudication of the alien em- ployee’s application.

(iv) EFFECT OF DEPARTURE.—Sec- tion 101(g) of the Immigration and Na- tionality Act (8 U.S.C. 1101(g)) shall not apply to an alien granted—

(I) advance parole under clause (i)(I) to reenter the United States; or

(II) blue card status.

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(6) SECURITY AND LAW ENFORCEMENT CLEAR- ANCES.—

(A) BIOMETRIC AND BIOGRAPHIC DATA.— The Secretary may not grant blue card status to an alien or an alien dependent spouse or child under this section unless such alien sub- mits biometric and biographic data in accord- ance with procedures established by the Sec- retary.

(B) ALTERNATIVE PROCEDURES.—The Secretary shall provide an alternative procedure for applicants who cannot provide the standard biometric data required under subparagraph (A) because of a physical impairment.

(C) CLEARANCES.—
(i) DATA COLLECTION.—The Sec-

retary shall collect, from each alien apply- ing for status under this section, biometric, biographic, and other data that the Sec- retary determines to be appropriate—

(I) to conduct national security and law enforcement clearances; and

(II) to determine whether there are any national security or law en-

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forcement factors that would render an alien ineligible for such status.
(ii) PREREQUISITE.—The required

clearances described in clause (i)(I) shall be completed before the alien may be granted blue card status.

(7) DURATION OF STATUS AND EXTENSION.— (A) IN GENERAL.—After the date that is 8 years after the date regulations are published under this section, no alien may remain in blue

card status.
(B) EXTENSION.—An extension of blue

card status may not be granted by the Sec- retary until renewed national security and law enforcement clearances have been completed with respect to the applicant, to the satisfaction of the Secretary.

(8) FEES AND PENALTIES.—
(A) STANDARD PROCESSING FEE.—

(i) IN GENERAL.—Aliens who are 16 years of age or older and are applying for blue card status under paragraph (2), or for an extension of such status, shall pay a processing fee to the Department of

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Homeland Security in an amount deter- mined by the Secretary.

(ii) RECOVERY OF COSTS.—The proc- essing fee authorized under clause (i) shall be set at a level that is sufficient to recover the full costs of processing the application, including any costs incurred—

(I) to adjudicate the application;

(II) to take and process bio- metrics;

(III) to perform national security and criminal checks, including adju- dication;

(IV) to prevent and investigate fraud; and

(V) to administer the collection of such fee.

(iii) AUTHORITY TO LIMIT FEES.— The Secretary, by regulation, may—

(I) limit the maximum processing fee payable under this subparagraph by a family, including spouses and un- married children younger than 21 years of age; and

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(II) exempt defined classes of in- dividuals from the payment of the fee authorized under clause (i).

(B) DEPOSIT AND USE OF PROCESSING FEES.—Fees collected pursuant to subpara- graph (A)(i)—

(i) shall be deposited into the Com- prehensive Immigration Reform Trust Fund established under section 6(a)(1);

(ii) may be used for the purposes set forth in section 6(a)(3)(B).
(C) PENALTY.—

(i) PAYMENT.—In addition to the processing fee required under subpara- graph (A), aliens who are 21 years of age or older and are applying for blue card sta- tus under paragraph (2) shall pay a $100 penalty to the Department.

(ii) DEPOSIT.—Penalties collected pursuant to clause (i) shall be deposited into the Comprehensive Immigration Re- form Trust Fund established under section 6(a)(1).

(9) ADJUDICATION.—

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(A) FAILURE TO SUBMIT SUFFICIENT EVI- DENCE.—The Secretary shall deny an applica- tion submitted by an alien who fails to sub- mit—

(i) requested initial evidence, includ- ing requested biometric data; or

(ii) any requested additional evidence by the date required by the Secretary.
(B) AMENDED APPLICATION.—An alien

whose application for blue card status is denied under subparagraph (A) may file an amended application for such status to the Secretary if the amended application—

(i) is filed within the application pe- riod described in paragraph (2); and

(ii) contains all the required informa- tion and fees that were missing from the initial application.

(10) EVIDENCE OF BLUE CARD STATUS.—
(A) IN GENERAL.—The Secretary shall issue documentary evidence of blue card status to each alien whose application for such status

has been approved.

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(B) DOCUMENTATION FEATURES.—Docu- mentary evidence provided under subparagraph (A)—

(i) shall be machine-readable and tam- per-resistant, and shall contain a digitized photograph;

(ii) shall, during the alien’s authorized period of admission, and any extension of such authorized admission, serve as a valid travel and entry document for the purpose of applying for admission to the United States;

(iii) may be accepted during the pe- riod of its validity by an employer as evi- dence of employment authorization and identity under section 274A(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)(1)(B)); and

(iv) shall include such other features and information as the Secretary may pre- scribe.

(c) TERMS AND CONDITIONS OF BLUE CARD STA- TUS.—

(1) CONDITIONS OF BLUE CARD STATUS.—

EAS13500 S.L.C. 168

  1. 1  (A) EMPLOYMENT.—Notwithstanding any
  2. 2  other provision of law, including section
  3. 3  241(a)(7) of the Immigration and Nationality
  4. 4  Act (8 U.S.C. 1231(a)(7)), an alien with blue
  5. 5  card status shall be authorized to be employed
  6. 6  in the United States while in such status.
  7. 7  (B) TRAVEL OUTSIDE THE UNITED
  8. 8  STATES.—An alien with blue card status may
  9. 9  travel outside of the United States and may be
  10. 10  admitted, if otherwise admissible, upon return-
  11. 11  ing to the United States without having to ob-
  12. 12  tain a visa if—
  13. 13  (i) the alien is in possession of—
  14. 14  (I) valid, unexpired documentary
  15. 15  evidence of blue card status that com-
  16. 16  plies with subsection (b)(11); or
  17. 17  (II) a travel document that has
  18. 18  been approved by the Secretary and
  19. 19  was issued to the alien after the
  20. 20  alien’s original documentary evidence
  21. 21  was lost, stolen, or destroyed;
  22. 22  (ii) the alien’s absence from the
  23. 23  United States did not exceed 180 days, un-
  24. 24  less the alien’s failure to timely return was

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due to extenuating circumstances beyond the alien’s control; and

(iii) the alien establishes that the alien is not inadmissible under subparagraph (A)(i), (A)(iii), (B), or (C) of section 212(a)(3) of the Immigration and Nation- ality Act (8 U.S.C. 1182(a)(3)).
(C) ADMISSION.—An alien granted blue

card status shall be considered to have been ad- mitted in such status as of the date on which the alien’s application was filed.

(D) CLARIFICATION OF STATUS.—An alien granted blue card status—

(i) is lawfully admitted to the United States; and

(ii) may not be classified as a non- immigrant or as an alien who has been lawfully admitted for permanent residence.

(2) REVOCATION.—
(A) IN GENERAL.—The Secretary may re-

voke blue card status at any time after pro- viding appropriate notice to the alien, and after the exhaustion or waiver of all applicable ad- ministrative review procedures under section 245E(c) of the Immigration and Nationality

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Act, as added by section 2104(a) of this Act, if the alien—

(i) no longer meets the eligibility re- quirements described in subsection (a)(1)(C);

(ii) knowingly used documentation issued under this section for an unlawful or fraudulent purpose; or

(iii) was absent from the United States for—

(I) any single period longer than 180 days in violation of the require- ment under paragraph (1)(B)(ii); or

(II) for more than 180 days in the aggregate during any calendar year, unless the alien’s failure to time- ly return was due to extenuating cir- cumstances beyond the alien’s control.

(B) ADDITIONAL EVIDENCE.—
(i) IN GENERAL.—In determining

whether to revoke an alien’s status under subparagraph (A), the Secretary may re- quire the alien—

(I) to submit additional evidence; or

EAS13500 S.L.C. 171

  1. 1  (II) to appear for an interview.
  2. 2  (ii) EFFECT OF NONCOMPLIANCE.—
  3. 3  The status of an alien who fails to comply
  4. 4  with any requirement imposed by the Sec-
  5. 5  retary under clause (i) shall be revoked un-
  6. 6  less the alien demonstrates to the Sec-
  7. 7  retary’s satisfaction that such failure was
  8. 8  reasonably excusable.
  9. 9  (C) INVALIDATION OF DOCUMENTATION.—
  10. 10  If an alien’s blue card status is revoked under
  11. 11  subparagraph (A), any documentation issued by
  12. 12  the Secretary to such alien under subsection
  13. 13  (b)(11) shall automatically be rendered invalid
  14. 14  for any purpose except for departure from the
  15. 15  United States.
  16. 16  (3) INELIGIBILITY FOR PUBLIC BENEFITS.—An
  17. 17  alien who has been granted blue card status is not
  18. 18  eligible for any Federal means-tested public benefit
  19. 19  (as such term is defined in section 403 of the Per-
  20. 20  sonal Responsibility and Work Opportunity Rec-
  21. 21  onciliation Act of 1996 (8 U.S.C. 1613).
  22. 22  (4) TREATMENT OF BLUE CARD STATUS.—A
  23. 23  noncitizen granted blue card status shall be consid-
  24. 24  ered lawfully present in the United States for all

EAS13500 S.L.C. 172

  1. 1  purposes while such noncitizen remains in such sta-
  2. 2  tus, except that the noncitizen—
  3. 3  (A) is not entitled to the premium assist-
  4. 4  ance tax credit authorized under section 36B of
  5. 5  the Internal Revenue Code of 1986;
  6. 6  (B) shall be subject to the rules applicable
  7. 7  to individuals who are not lawfully present set
  8. 8  forth in subsection (e) of such section; and
  9. 9  (C) shall be subject to the rules applicable
  10. 10  to individuals who are not lawfully present set
  11. 11  forth in section 1402(e) of the Patient Protec-
  12. 12  tion and Affordable Care Act (42 U.S.C.
  13. 13  18071(e)).
  14. 14  (5) ADJUSTMENT TO REGISTERED PROVISIONAL
  15. 15  IMMIGRANT STATUS.—The Secretary may adjust the
  16. 16  status of an alien who has been granted blue card
  17. 17  status to the status of a registered provisional immi-
  18. 18  grant under section 245B if the Secretary deter-
  19. 19  mines that the alien is unable to fulfill the agricul-
  20. 20  tural service requirement set forth in section
  21. 21  2212(a)(1).
  22. 22  (d) RECORD OF EMPLOYMENT.—
  23. 23  (1) IN GENERAL.—Each employer of an alien
  24. 24  granted blue card status shall annually provide—

EAS13500 S.L.C. 173

  1. 1  (A) a written record of employment to the
  2. 2  alien; and
  3. 3  (B) a copy of such record to the Secretary
  4. 4  of Agriculture.
  5. 5  (2) CIVIL PENALTIES.—
  6. 6  (A) IN GENERAL.—If the Secretary finds,
  7. 7  after notice and an opportunity for a hearing,
  8. 8  that an employer of an alien granted blue card
  9. 9  status has knowingly failed to provide the
  10. 10  record of employment required under paragraph
  11. 11  (1) or has provided a false statement of mate-
  12. 12  rial fact in such a record, the employer shall be
  13. 13  subject to a civil penalty in an amount not to
  14. 14  exceed $500 per violation.
  15. 15  (B) LIMITATION.—The penalty under sub-
  16. 16  paragraph (A) for failure to provide employ-
  17. 17  ment records shall not apply unless the alien
  18. 18  has provided the employer with evidence of em-
  19. 19  ployment authorization provided under sub-
  20. 20  section (c).
  21. 21  (C) DEPOSIT OF CIVIL PENALTIES.—Civil
  22. 22  penalties collected under this paragraph shall be
  23. 23  deposited in the Comprehensive Immigration
  24. 24  Reform Trust Fund established under section
  25. 25  6(a)(1).

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(3) TERMINATION OF OBLIGATION.—The obli- gation under paragraph (1) shall terminate on the date that is 8 years after the date of the enactment of this Act.
(e) RULEMAKING.—Not later than 1 year after the

date of the enactment of this Act, the Secretary, in con- sultation with the Secretary of Agriculture, shall issue final regulations for granting blue card status under this section.

SEC. 2212. ADJUSTMENT TO PERMANENT RESIDENT STA- TUS.

(a) IN GENERAL.—Except as provided in subsection (b), and not earlier than 5 years after the date of the en- actment of this Act, the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:

(1) QUALIFYING EMPLOYMENT.—Except as provided in paragraph (3), the alien—

(A) during the 8-year period beginning on the date of the enactment of this Act, per- formed not less than 100 work days of agricul- tural employment during each of 5 years; or

(B) during the 5-year period beginning on the date of the enactment of this Act, per-

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formed not less than 150 work days of agricul- tural employment during each of 3 years.
(2) EVIDENCE.—An alien may demonstrate

compliance with the requirement under paragraph (1) by submitting—

(A) the record of employment described in section 2211(e);

(B) documentation that may be submitted under subsection (e)(5); or

(C) any other documentation designated by the Secretary for such purpose.
(3) EXTRAORDINARY CIRCUMSTANCES.—

(A) IN GENERAL.—In determining whether an alien has met the requirement under para- graph (1), the Secretary may credit the alien with not more than 12 additional months of ag- ricultural employment in the United States to meet such requirement if the alien was unable to work in agricultural employment due to—

(i) pregnancy, disabling injury, or dis- ease that the alien can establish through medical records;

(ii) illness, disease, or other special needs of a child that the alien can establish through medical records;

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(iii) severe weather conditions that prevented the alien from engaging in agri- cultural employment for a significant pe- riod of time; or

(iv) termination from agricultural em- ployment, if the Secretary determines that—

(I) the termination was without just cause; and

(II) the alien was unable to find alternative agricultural employment after a reasonable job search.

(B) EFFECT OF DETERMINATION.—A de- termination under subparagraph (A)(iv), with respect to an alien, shall not be conclusive, binding, or admissible in a separate or subse- quent judicial or administrative action or pro- ceeding between the alien and a current or prior employer of the alien or any other party. (4) APPLICATION PERIOD.—The alien applies

for adjustment of status before the alien’s agricul- tural card status expires.

(5) FINE.—The alien pays a fine of $400 to the Secretary, which shall be deposited into the Com-

EAS13500 S.L.C. 177

  1. 1  prehensive Immigration Reform Trust Fund estab-
  2. 2  lished under section 6(a)(1).
  3. 3  (b) GROUNDS FOR DENIAL OF ADJUSTMENT OF STA-
  4. 4  TUS.—
  5. 5  (1) IN GENERAL.—The Secretary may not ad-
  6. 6  just the status of an alien granted blue card status
  7. 7  if the alien—
  8. 8  (A) is no longer eligible for blue card sta-
  9. 9  tus; or
  10. 10  (B) failed to perform the qualifying em-
  11. 11  ployment requirement under subsection (a)(1),
  12. 12  considering any amount credited by the Sec-
  13. 13  retary under subsection (a)(3).
  14. 14  (2) MAINTENANCE OF WAIVERS OF INADMIS-
  15. 15  SIBILITY.—The grounds of inadmissibility set forth
  16. 16  in section 212(a) of the Immigration and Nationality
  17. 17  Act (8 U.S.C. 1182(a)) that were previously waived
  18. 18  for the alien or made inapplicable shall not apply for
  19. 19  purposes of the alien’s adjustment of status under
  20. 20  this section.
  21. 21  (3) PENDING REVOCATION PROCEEDINGS.—If
  22. 22  the Secretary has notified the applicant that the
  23. 23  Secretary intends to revoke the applicant’s blue card
  24. 24  status, the Secretary may not approve an application
  25. 25  for adjustment of status under this section unless

EAS13500 S.L.C. 178

  1. 1  the Secretary makes a final determination not to re-
  2. 2  voke the applicant’s status.
  3. 3  (4) PAYMENT OF TAXES.—
  4. 4  (A) IN GENERAL.—An applicant may not
  5. 5  file an application for adjustment of status
  6. 6  under this section unless the applicant has sat-
  7. 7  isfied any applicable Federal tax liability.
  8. 8  (B) COMPLIANCE.—The applicant may
  9. 9  demonstrate compliance with subparagraph (A)
  10. 10  by submitting such documentation as the Sec-
  11. 11  retary, in consultation with the Secretary of the
  12. 12  Treasury, may require by regulation.
  13. 13  (c) SPOUSES AND CHILDREN.—Notwithstanding any
  14. 14  other provision of law, the Secretary shall grant perma-
  15. 15  nent resident status to the spouse or child of an alien
  16. 16  whose status was adjusted under subsection (a) if—
  17. 17  (1) the spouse or child applies for such status;
  18. 18  (2) the principal alien includes the spouse and
  19. 19  children in an application for adjustment of status
  20. 20  to that of a lawful permanent resident; and
  21. 21  (3) the spouse or child is not ineligible under
  22. 22  section 245B(b)(3).
  23. 23  (d) NUMERICAL LIMITATIONS DO NOT APPLY.—
  24. 24  (1) IN GENERAL.—The numerical limitations
  25. 25  under sections 201 and 202 of the Immigration and

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Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to the adjustment of aliens to lawful perma- nent resident status under this section.

(2) CONFORMING AMENDMENT.—Section 201(b)(1) is amended by adding at the end the fol- lowing:

‘‘(F) Aliens granted lawful permanent resi- dent status under section 245B.’’.

(e) SUBMISSION OF APPLICATIONS.—
(1) INTERVIEW.—The Secretary may interview

applicants for adjustment of status under this sec- tion to determine whether they meet the eligibility requirements set forth in this section.

(2) FEES .—
(A) IN GENERAL.—Applicants for adjust-

ment of status under this section shall pay a processing fee to the Secretary in an amount that will ensure the recovery of the full costs of adjudicating such applications, including—

(i) the cost of taking and processing biometrics;

(ii) expenses relating to prevention and investigation of fraud; and

(iii) costs relating to the administra- tion of the fees collected.

EAS13500 S.L.C. 180

  1. 1  (B) AUTHORITY TO LIMIT FEES.—The
  2. 2  Secretary, by regulation—
  3. 3  (i) may limit the maximum processing
  4. 4  fee payable under this paragraph by a fam-
  5. 5  ily, including spouses and unmarried chil-
  6. 6  dren younger than 21 years of age; and
  7. 7  (ii) may exempt individuals described
  8. 8  in section 245B(c)(10) of the Immigration
  9. 9  and Nationality Act, as added by section
  10. 10  2201 of this Act, and other defined classes
  11. 11  of individuals from the payment of the fee
  12. 12  under subparagraph (A).
  13. 13  (3) DISPOSITION OF FEES.—
  14. 14  (A) IN GENERAL.—All fees collected under
  15. 15  paragraph (1)(A) shall be deposited as offset-
  16. 16  ting receipts into the Comprehensive Immigra-
  17. 17  tion Reform Trust Fund established under sec-
  18. 18  tion 6(a)(1).
  19. 19  (B) USE OF FEES FOR APPLICATION PROC-
  20. 20  ESSING.—Amounts deposited into the Com-
  21. 21  prehensive Immigration Reform Trust Fund
  22. 22  pursuant to subparagraph (A) shall remain
  23. 23  available to the Secretary until expended for
  24. 24  processing applications for agriculture card sta-

EAS13500 S.L.C. 181

  1. 1  tus or for adjustment of status under this sec-
  2. 2  tion or section 2211.
  3. 3  (4) DOCUMENTATION OF WORK HISTORY.—
  4. 4  (A) BURDEN OF PROOF.—An alien apply-
  5. 5  ing for blue card status under this section or
  6. 6  for adjustment of status under subsection (a)
  7. 7  has provided evidence that the alien has worked
  8. 8  the requisite number of hours or days required
  9. 9  under section 2211(a)(1) or subsection (a)(3),
  10. 10  as applicable.
  11. 11  (B) TIMELY PRODUCTION OF RECORDS.—
  12. 12  If an employer or farm labor contractor employ-
  13. 13  ing such an alien has kept proper and adequate
  14. 14  records respecting such employment, the alien’s
  15. 15  burden of proof under subparagraph (A) may
  16. 16  be met by securing timely production of those
  17. 17  records under regulations to be promulgated by
  18. 18  the Secretary.
  19. 19  (C) SUFFICIENT EVIDENCE.—An alien
  20. 20  may meet the burden of proof under subpara-
  21. 21  graph (A) to establish that the alien has per-
  22. 22  formed the days or hours of work referred to in
  23. 23  subparagraph (A) by producing sufficient evi-
  24. 24  dence to show the extent of that employment as
  25. 25  a matter of just and reasonable inference.

EAS13500 S.L.C. 182

  1. 1  (f) LIMITATION ON ACCESS TO INFORMATION.—Files
  2. 2  and records collected or compiled by a qualified designated
  3. 3  entity for the purposes of this section are confidential. The
  4. 4  Secretary may not have access to such a file or record
  5. 5  relating to an alien without the consent of the alien, except
  6. 6  as allowed by a court order issued pursuant to subsection
  7. 7  (g).
  8. 8  (g) CONFIDENTIALITY OF INFORMATION.—Except as
  9. 9  otherwise provided in this section, the Secretary or any
  10. 10  other official or employee of the Department may not—
  11. 11  (1) use information furnished by the applicant
  12. 12  pursuant to an application filed under this subtitle,
  13. 13  the information provided by an applicant to a quali-
  14. 14  fied designated entity, or any information provided
  15. 15  by an employer or former employer for any purpose
  16. 16  other than to make a determination on the applica-
  17. 17  tion or for imposing the penalties described in sub-
  18. 18  section (h);
  19. 19  (2) make any publication in which the informa-
  20. 20  tion furnished by any particular individual can be
  21. 21  identified; or
  22. 22  (3) permit a person other than a sworn officer
  23. 23  or employee of the Department or, with respect to
  24. 24  applications filed with a qualified designated entity,

EAS13500 S.L.C. 183

  1. 1  that qualified designated entity, to examine indi-
  2. 2  vidual applications.
  3. 3  (h) PENALTIES FOR FALSE STATEMENTS IN APPLI-
  4. 4  CATIONS.—
  5. 5  (1) CRIMINAL PENALTY.—Any person who—
  6. 6  (A) files an application for blue card status
  7. 7  under section 2211 or an adjustment of status
  8. 8  under this section and knowingly and willfully
  9. 9  falsifies, conceals, or covers up a material fact
  10. 10  or makes any false, fictitious, or fraudulent
  11. 11  statements or representations, or makes or uses
  12. 12  any false writing or document knowing the
  13. 13  same to contain any false, fictitious, or fraudu-
  14. 14  lent statement or entry; or
  15. 15  (B) creates or supplies a false writing or
  16. 16  document for use in making such an applica-
  17. 17  tion,
  18. 18  shall be fined in accordance with title 18, United
  19. 19  States Code, imprisoned not more than 5 years, or
  20. 20  both.
  21. 21  (2) INADMISSIBILITY.—An alien who is con-
  22. 22  victed of a crime under paragraph (1) shall be
  23. 23  deemed inadmissible to the United States on the
  24. 24  ground described in section 212(a)(6)(C)(i) of the

EAS13500 S.L.C. 184

  1. 1  Immigration and Nationality Act (8 U.S.C.
  2. 2  1182(a)(6)(C)(i)).
  3. 3  (3) DEPOSIT.—Fines collected under paragraph
  4. 4  (1) shall be deposited into the Comprehensive Immi-
  5. 5  gration Reform Trust Fund established under sec-
  6. 6  tion 6(a)(1).
  7. 7  (i) ELIGIBILITY FOR LEGAL SERVICES.—Section
  8. 8  504(a)(11) of the Departments of Commerce, Justice, and
  9. 9  State, the Judiciary, and Related Agencies Appropriations
  10. 10  Act, 1996 (Public Law 104–134; 110 Stat. 1321–55) may
  11. 11  not be construed to prevent a recipient of funds under the
  12. 12  Legal Services Corporation Act (42 U.S.C. 2996 et seq.)
  13. 13  from providing legal assistance directly related to an appli-
  14. 14  cation for blue card status under section 2211 or an ad-
  15. 15  justment of status under this section.
  16. 16  SEC. 2213. USE OF INFORMATION.
  17. 17  Beginning not later than the first day of the applica-
  18. 18  tion period described in section 2211(c)(1), the Secretary,
  19. 19  in cooperation with qualified designated entities, shall
  20. 20  broadly disseminate information respecting the benefits
  21. 21  that aliens may receive under this subchapter and the re-
  22. 22  quirements that an alien is required to meet to receive
  23. 23  such benefits.

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SEC. 2214. REPORTS ON BLUE CARDS.

Not later than September 30, 2013, and annually thereafter for the next 8 years, the Secretary shall submit a report to Congress that identifies, for the previous fiscal year—

(1) the number of aliens who applied for blue card status;

(2) the number of aliens who were granted blue card status;

(3) the number of aliens who applied for an ad- justment of status pursuant to section 2212(a); and (4) the number of aliens who received an ad-

justment of status pursuant section 2212(a).

SEC. 2215. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Sec- retary such sums as may be necessary to implement this subpart, including any sums needed for costs associated with the initiation of such implementation, for fiscal years 2013 and 2014.

Subchapter B—Correction of Social Security Records

SEC. 2221. CORRECTION OF SOCIAL SECURITY RECORDS.

(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’’ at the end;

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(2) in subparagraph (C), by inserting ‘‘or’’ at the end;

(3) by inserting after subparagraph (C) the fol- lowing:

‘‘(D) who is granted blue card status under the Agricultural Worker Program Act of 2013,’’; and
(4) by striking ‘‘1990.’’ and inserting ‘‘1990, or

in the case of an alien described in subparagraph (D), if such conduct is alleged to have occurred be- fore the date on which the alien was granted blue card status under section 2211(a) of the Agricul- tural Worker Program Act of 2013.’’.

(b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on the first day of the sev- enth month that begins after the date of the enactment of this Act.

CHAPTER 2—NONIMMIGRANT AGRICULTURAL VISA PROGRAM
SEC. 2231. NONIMMIGRANT CLASSIFICATION FOR NON-

IMMIGRANT AGRICULTURAL WORKERS.

Section 101(a)(15) of the Immigration and Nation- ality Act (8 U.S.C. 1101(a)(15)) is amended—

(1) in subparagraph (U), by striking ‘‘or’’ at the end;

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(2) in subparagraph (V), by striking the period at the end and inserting ‘‘; or’’; and

(3) by adding at the end the following:
‘‘(W) an alien having a residence in a for- eign country who is coming to the United

States for a temporary period—
‘‘(iii)(I) to perform services or labor in

agricultural employment and who has a written contract that specifies the wages, benefits, and working conditions of such full-time employment in an agricultural oc- cupation with a designated agricultural employer for a specified period of time;

‘‘(II) who meets the requirements under section 218A for a nonimmigrant visa described in this clause; and

‘‘(III) with respect to whom the Sec- retary of Agriculture has notified the Sec- retary of Homeland Security and the Sec- retary of State that the intending employer has accepted the terms and conditions of such employment for such a nonimmigrant; or

‘‘(iv)(I) to perform services or labor in agricultural employment and who has an

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offer of full-time employment in an agricul- tural occupation from a designated agricul- tural employer for such employment and is not described in clause (i);

‘‘(II) who meets the requirements under section 218A for a nonimmigrant visa described in this clause; and

‘‘(III) with respect to whom the Sec- retary of Agriculture has notified the Sec- retary of Homeland Security and the Sec- retary of State that the intending employer has accepted the terms and conditions of such employment for such a non- immigrant.’’.

SEC. 2232. ESTABLISHMENT OF NONIMMIGRANT AGRICUL- TURAL WORKER PROGRAM.

(a) IN GENERAL.—Chapter 2 of title II of the Immi- gration and Nationality Act (8 U.S.C. 211 et seq.) is amended by adding at the end the following:
‘‘SEC. 218A. NONIMMIGRANT AGRICULTURAL WORKER PRO-

GRAM.

‘‘(a) DEFINITIONS.—In this section and in section 101(a)(15)(W):

‘‘(1) AGRICULTURAL EMPLOYMENT.—The term ‘agricultural employment’—

EAS13500 S.L.C. 189

  1. 1  ‘‘(A) subject to subparagraph (B) has the
  2. 2  meaning given such term in section 3 of the Mi-
  3. 3  grant and Seasonal Agricultural Worker Protec-
  4. 4  tion Act (29 U.S.C. 1802), without regard to
  5. 5  whether the specific service or activity is tem-
  6. 6  porary or seasonal; and
  7. 7  ‘‘(B) includes farming in all its branches,
  8. 8  the cultivation and tillage of the soil, dairying,
  9. 9  the production, cultivation, growing, and har-
  10. 10  vesting of any agricultural or horticultural com-
  11. 11  modities, the raising of livestock, bees, fur-bear-
  12. 12  ing animals, or poultry, and any practices (in-
  13. 13  cluding any forestry or lumbering operations)
  14. 14  performed by a farmer or on a farm as an inci-
  15. 15  dent to, or in conjunction with, such farming
  16. 16  operations, including preparation for market,
  17. 17  delivery to storage or to market or to carriers
  18. 18  for transportation to market.
  19. 19  ‘‘(2) AT-WILL AGRICULTURAL WORKER.—The
  20. 20  term ‘at-will agricultural worker’ means an alien
  21. 21  present in the United States pursuant to section
  22. 22  101(a)(15)(W)(iv).
  23. 23  ‘‘(3) BLUE CARD.—The term ‘blue card’ means
  24. 24  an employment authorization and travel document
  25. 25  issued to an alien granted blue card status under

EAS13500 S.L.C. 190

  1. 1  section 2211(a) of the Agricultural Job Opportuni-
  2. 2  ties, Benefits, and Security Act of 2013.
  3. 3  ‘‘(4) CONTRACT AGRICULTURAL WORKER.—The
  4. 4  term ‘contract agricultural worker’ means an alien
  5. 5  present in the United States pursuant to section
  6. 6  101(a)(15)(W)(iii).
  7. 7  ‘‘(5) DESIGNATED AGRICULTURAL EM-
  8. 8  PLOYER.—The term ‘designated agricultural em-
  9. 9  ployer’ means an employer who is registered with
  10. 10  the Secretary of Agriculture pursuant to subsection
  11. 11  (e)(1).
  12. 12  ‘‘(6) ELECTRONIC JOB REGISTRY.—The term
  13. 13  ‘Electronic Job Registry’ means the Electronic Job
  14. 14  Registry of a State workforce agency (or similar suc-
  15. 15  cessor registry).
  16. 16  ‘‘(7) EMPLOYER.—Except as otherwise pro-
  17. 17  vided, the term ‘employer’ means any person or enti-
  18. 18  ty, including any farm labor contractor and any ag-
  19. 19  ricultural association, that employs workers in agri-
  20. 20  cultural employment.
  21. 21  ‘‘(8) NONIMMIGRANT AGRICULTURAL WORK-
  22. 22  ER.—The term ‘nonimmigrant agricultural worker’
  23. 23  mean a nonimmigrant described in clause (iii) or (iv)
  24. 24  of section 101(a)(15)(W).

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‘‘(9) PROGRAM.—The term ‘Program’ means the Nonimmigrant Agricultural Worker Program es- tablished under subsection (b).

‘‘(10) SECRETARY.—Except as otherwise spe- cifically provided, the term ‘Secretary’ means the Secretary of Agriculture.

‘‘(11) UNITED STATES WORKER.—The term ‘United States worker’ means an individual who—

‘‘(A) is a national of the United States; or ‘‘(B) is an alien who—

‘‘(i) is lawfully admitted for perma- nent residence;

‘‘(ii) is admitted as a refugee under section 207;

‘‘(iii) is granted asylum under section 208;

‘‘(iv) holds an blue card; or

‘‘(v) is an immigrant otherwise au- thorized by this Act or by the Secretary of Homeland Security to be employed in the United States.

‘‘(b) REQUIREMENTS.—
‘‘(1) EMPLOYER.—An employer may not employ

an alien for agricultural employment under the Pro- gram unless such employer is a designated agricul-

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tural employer and complies with the terms of this section.

‘‘(2) WORKER.—An alien may not be employed for agricultural employment under the Program un- less such alien is a nonimmigrant agricultural work- er and complies with the terms of this section.
‘‘(c) NUMERICAL LIMITATION.—

‘‘(1) FIRST 5 YEARS OF PROGRAM.—
‘‘(A) IN GENERAL.—Subject to paragraph

(2), the worldwide level of visas for non- immigrant agricultural workers for the fiscal year during which the first visa is issued to a nonimmigrant agricultural worker and for each of the following 4 fiscal years shall be equal to—

‘‘(i) 112,333; and

‘‘(ii) the numerical adjustment made by the Secretary for such fiscal year in ac- cordance with paragraph (2).
‘‘(B) QUARTERLY ALLOCATION.—The an-

nual allocation of visas described in subpara- graph (A) shall be evenly allocated between the 4 quarters of the fiscal year unless the Sec- retary determines that an alternative allocation would better accommodate the seasonal demand

EAS13500 S.L.C. 193

  1. 1  for visas. Any unused visas in a quarter shall
  2. 2  be added to the allocation for the subsequent
  3. 3  quarter of the same fiscal year.
  4. 4  ‘‘(C) EFFECT OF 2ND OR SUBSEQUENT
  5. 5  DESIGNATED AGRICULTURAL EMPLOYER.—A
  6. 6  nonimmigrant agricultural worker who has a
  7. 7  valid visa issued under this section that counted
  8. 8  against the allocation described in subpara-
  9. 9  graph (A) shall not be recounted against the al-
  10. 10  location if the worker is petitioned for by a sub-
  11. 11  sequent designated agricultural employer.
  12. 12  ‘‘(2) ANNUAL ADJUSTMENTS FOR FIRST 5
  13. 13  YEARS OF PROGRAM.—
  14. 14  ‘‘(A) IN GENERAL.—The Secretary, after
  15. 15  reviewing relevant evidence submitted by agri-
  16. 16  cultural producers and organizations rep-
  17. 17  resenting agricultural workers, may increase or
  18. 18  decrease, as appropriate, the worldwide level of
  19. 19  visas under paragraph (1) for each of the 5 fis-
  20. 20  cal years referred to in paragraph (1) based on
  21. 21  the following factors:
  22. 22  ‘‘(i) A demonstrated shortage of agri-
  23. 23  cultural workers.

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‘‘(ii) The level of unemployment and underemployment of agricultural workers during the preceding fiscal year.

‘‘(iii) The number of applications for blue card status.

‘‘(iv) The number of blue card visa applications approved.

‘‘(v) The number of nonimmigrant ag- ricultural workers sought by employers during the preceding fiscal year.

‘‘(vi) The estimated number of United States workers, including blue card work- ers, who worked in agriculture during the preceding fiscal year.

‘‘(vii) The number of nonimmigrant agricultural workers issued a visa in the most recent fiscal year who remain in the United States in compliance with the terms of such visa.

‘‘(viii) The number of United States workers who accepted jobs offered by em- ployers using the Electronic Job Registry during the preceding fiscal year.

‘‘(ix) Any growth or contraction of the United States agricultural industry that

EAS13500 S.L.C. 195

  1. 1  has increased or decreased the demand for
  2. 2  agricultural workers.
  3. 3  ‘‘(x) Any changes in the real wages
  4. 4  paid to agricultural workers in the United
  5. 5  States as an indication of a shortage or
  6. 6  surplus of agricultural labor.
  7. 7  ‘‘(B) NOTIFICATION; IMPLEMENTATION.—
  8. 8  The Secretary shall notify the Secretary of
  9. 9  Homeland Security of any change to the world-
  10. 10  wide level of visas for nonimmigrant agricul-
  11. 11  tural workers. The Secretary of Homeland Se-
  12. 12  curity shall implement such changes.
  13. 13  ‘‘(C) EMERGENCY PROCEDURES.—The
  14. 14  Secretary shall establish, by regulation, proce-
  15. 15  dures for immediately adjusting an annual allo-
  16. 16  cation under paragraph (1) for severe labor
  17. 17  shortages, as determined by the Secretary.
  18. 18  ‘‘(3) SIXTH AND SUBSEQUENT YEARS OF PRO-
  19. 19  GRAM.—The Secretary, in consultation with the Sec-
  20. 20  retary of Labor, shall establish the worldwide level
  21. 21  of visas for nonimmigrant agricultural workers for
  22. 22  each fiscal year following the fiscal years referred to
  23. 23  in paragraph (1) after considering appropriate fac-
  24. 24  tors, including—

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‘‘(A) a demonstrated shortage of agricul- tural workers;

‘‘(B) the level of unemployment and under- employment of agricultural workers during the preceding fiscal year;

‘‘(C) the number of applications for blue card status;

‘‘(D) the number of blue card visa applica- tions approved;

‘‘(E) the number of nonimmigrant agricul- tural workers sought by employers during the preceding fiscal year;

‘‘(F) the estimated number of United States workers, including blue card workers, who worked in agriculture during the preceding fiscal year;

‘‘(G) the number of nonimmigrant agricul- tural workers issued a visa in the most recent fiscal year who remain in the United States in compliance with the terms of such visa;

‘‘(H) the number of United States workers who accepted jobs offered by employers using the Electronic Job Registry during the pre- ceding fiscal year;

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‘‘(I) any growth or contraction of the United States agricultural industry that has in- creased or decreased the demand for agricul- tural workers; and

‘‘(J) any changes in the real wages paid to agricultural workers in the United States as an indication of a shortage or surplus of agricul- tural labor.

‘‘(d) REQUIREMENTS FOR NONIMMIGRANT AGRICUL- TURAL WORKERS.—

‘‘(1) ELIGIBILITY FOR NONIMMIGRANT AGRI- CULTURAL WORKER STATUS.—

‘‘(A) IN GENERAL.—An alien is not eligible to be admitted to the United States as a non- immigrant agricultural worker if the alien—

‘‘(i) violated a material term or condi- tion of a previous admission as a non- immigrant agricultural worker during the most recent 3-year period (other than a contract agricultural worker who volun- tarily abandons his or her employment be- fore the end of the contract period or whose employment is terminated by the employer for cause);

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  1. 1  ‘‘(ii) has not obtained successful clear-
  2. 2  ance of any security and criminal back-
  3. 3  ground checks required by the Secretary of
  4. 4  Homeland Security or any other examina-
  5. 5  tion required under this Act; or
  6. 6  ‘‘(iii)(I) departed from the United
  7. 7  States while subject to an order of exclu-
  8. 8  sion, deportation, or removal, or pursuant
  9. 9  to an order of voluntary departure; and
  10. 10  ‘‘(II)(aa) is outside of the United
  11. 11  States; or
  12. 12  ‘‘(bb) has reentered the United States
  13. 13  illegally after December 31, 2012 without
  14. 14  receiving consent to the alien’s reapplica-
  15. 15  tion for admission under section 212(a)(9).
  16. 16  ‘‘(B) WAIVER.—The Secretary may waive
  17. 17  the application of subparagraph (A)(iii) on be-
  18. 18  half of an alien if the alien—
  19. 19  ‘‘(i) is the spouse or child of a United
  20. 20  States citizen or lawful permanent resi-
  21. 21  dent;
  22. 22  ‘‘(ii) is the parent of a child who is a
  23. 23  United States citizen or lawful permanent
  24. 24  resident;

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‘‘(iii) meets the requirements set forth in clause (ii) or (iii) of section 245D(b)(1)(A); or

‘‘(iv)(I) meets the requirements set forth in section 245D(b)(1)(A)(ii);

‘‘(II) is 16 years or older on the date on which the alien applies for non- immigrant agricultural status; and

‘‘(III) was physically present in the United States for an aggregate period of not less than 3 years during the 6-year pe- riod immediately preceding the date of the enactment of this section.

‘‘(2) TERM OF STAY FOR NONIMMIGRANT AGRI- CULTURAL WORKERS.—

‘‘(A) IN GENERAL.—
‘‘(i) INITIAL ADMISSION.—A non-

immigrant agricultural worker may be ad- mitted into the United States in such sta- tus for an initial period of 3 years.

‘‘(ii) RENEWAL.—A nonimmigrant ag- ricultural worker may renew such worker’s period of admission in the United States for 1 additional 3-year period.

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  1. 1  ‘‘(B) BREAK IN PRESENCE.—A non-
  2. 2  immigrant agricultural worker who has been
  3. 3  admitted to the United States for 2 consecutive
  4. 4  periods under subparagraph (A) is ineligible to
  5. 5  renew the alien’s nonimmigrant agricultural
  6. 6  worker status until such alien—
  7. 7  ‘‘(i) returns to a residence outside the
  8. 8  United States for a period of not less than
  9. 9  3 months; and
  10. 10  ‘‘(ii) seeks to reenter the United
  11. 11  States under the terms of the Program as
  12. 12  a nonimmigrant agricultural worker.
  13. 13  ‘‘(3) LOSS OF STATUS.—
  14. 14  ‘‘(A) IN GENERAL.—An alien admitted as
  15. 15  a nonimmigrant agricultural worker shall be in-
  16. 16  eligible for such status and shall be required to
  17. 17  depart the United States if such alien—
  18. 18  ‘‘(i) after the completion of his or her
  19. 19  contract with a designated agricultural em-
  20. 20  ployer, is not employed in agricultural em-
  21. 21  ployment by a designated agricultural em-
  22. 22  ployer; or
  23. 23  ‘‘(ii) is an at-will agricultural worker
  24. 24  and is not continuously employed by a des-
  25. 25  ignated agricultural employer in agricul-

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tural employment as an at-will agricultural worker.
‘‘(B) EXCEPTION.—Subject to subpara-

graph (C), a nonimmigrant agricultural worker has not violated subparagraph (A) if the con- tract agricultural worker is not employed in ag- ricultural employment for a period not to ex- ceed 60 days.

‘‘(C) WAIVER.—Notwithstanding subpara- graph (B), the Secretary of Homeland Security may waive the application of clause (i) or (ii) of subparagraph (A) for a nonimmigrant agricul- tural worker who was not employed in agricul- tural employment for a period of more than 60 days if such period of unemployment was due to—

‘‘(i) the injury of such worker; or

‘‘(ii) a natural disaster declared by the Secretary.

‘‘(D) TOLLING OF EMPLOYMENT REQUIRE- MENT.—A nonimmigrant agricultural worker may leave the United States for up to 60 days in any fiscal year while in such status. During the period in which the worker is outside of the

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  1. 1  United States, the 60-day limit specified in sub-
  2. 2  paragraph (B) shall be tolled.
  3. 3  ‘‘(4) PORTABILITY OF STATUS.—
  4. 4  ‘‘(A) CONTRACT AGRICULTURAL WORK-
  5. 5  ERS.—
  6. 6  ‘‘(i) IN GENERAL.—Except as pro-
  7. 7  vided in clause (ii), an alien who entered
  8. 8  the United States as a contract agricul-
  9. 9  tural worker may—
  10. 10  ‘‘(I) seek employment as a non-
  11. 11  immigrant agricultural worker with a
  12. 12  designated agricultural employer other
  13. 13  than the designated agricultural em-
  14. 14  ployer with whom the employee had a
  15. 15  contract described in section
  16. 16  101(a)(15)(W)(ii)(I); and
  17. 17  ‘‘(II) accept employment with
  18. 18  such new employer after the date the
  19. 19  contract agricultural worker completes
  20. 20  such contract.
  21. 21  ‘‘(ii) VOLUNTARY ABANDONMENT;
  22. 22  TERMINATION FOR CAUSE.—A contract ag-
  23. 23  ricultural worker who voluntarily abandons
  24. 24  his or her employment before the end of

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  1. 1  the contract period or whose employment
  2. 2  is terminated for cause by the employer—
  3. 3  ‘‘(I) may not accept subsequent
  4. 4  employment with another designated
  5. 5  agricultural employer without first de-
  6. 6  parting the United States and reen-
  7. 7  tering pursuant to a new offer of em-
  8. 8  ployment; and
  9. 9  ‘‘(II) is not entitled to the 75
  10. 10  percent payment guarantee described
  11. 11  in subsection (e)(4)(B).
  12. 12  ‘‘(iii) TERMINATION BY MUTUAL
  13. 13  AGREEMENT.—The termination of an em-
  14. 14  ployment contract by mutual agreement of
  15. 15  the designated agricultural employer and
  16. 16  the contract agricultural worker shall not
  17. 17  be considered voluntary abandonment for
  18. 18  purposes of clause (ii).
  19. 19  ‘‘(B) AT-WILL AGRICULTURAL WORK-
  20. 20  ERS.—An alien who entered the United States
  21. 21  as an at-will agricultural worker may seek em-
  22. 22  ployment as an at-will agricultural worker with
  23. 23  any other designated agricultural employer re-
  24. 24  ferred to in section 101(a)(15)(W)(iii)(I).

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‘‘(5) PROHIBITION ON GEOGRAPHIC LIMITA- TION.—A nonimmigrant visa issued to a non- immigrant agricultural worker—

‘‘(A) shall not limit the geographical area within which such worker may be employed;

‘‘(B) shall not limit the type of agricultural employment such worker may perform; and

‘‘(C) may restrict such worker to employ- ment with designated agricultural employers. ‘‘(6) TREATMENT OF SPOUSES AND CHIL-

DREN.—A spouse or child of a nonimmigrant agri- cultural worker—

‘‘(A) shall not be entitled to visa or other immigration status by virtue of the relationship of such spouse or child to such worker; and

‘‘(B) may be provided status as a non- immigrant agricultural worker if the spouse or child is independently qualified for such status.

‘‘(e) EMPLOYER REQUIREMENTS.—
‘‘(1) DESIGNATED AGRICULTURAL EMPLOYER

STATUS.—
‘‘(A) REGISTRATION REQUIREMENT.—

Each employer seeking to employ nonimmigrant agricultural workers shall register for des- ignated agricultural employer status by submit-

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ting to the Secretary, through the Farm Service Agency in the geographic area of the employer or electronically to the Secretary, a registration that includes—

‘‘(i) the employer’s employer identi- fication number; and

‘‘(ii) a registration fee, in an amount determined by the Secretary.
‘‘(B) CRITERIA.—The Secretary shall

grant designated agricultural employer status to an employer who submits an registration for such status that includes—

‘‘(i) documentation that the employer is engaged in agriculture;

‘‘(ii) the estimated number of non- immigrant agricultural workers the em- ployer will need each year;

‘‘(iii) the anticipated periods during which the employer will need such workers; and

‘‘(iv) documentation establishing need for a specified agricultural occupation or occupations.
‘‘(C) DESIGNATION.—

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‘‘(i) REGISTRATION NUMBER.—The Secretary shall assign each employer that meets the criteria established pursuant to subparagraph (B) with a designated agri- cultural employer registration number.

‘‘(ii) TERM OF DESIGNATION.—Each employer granted designated agricultural employer status under this paragraph shall retain such status for a term of 3 years. ‘‘(D) ASSISTANCE.—In carrying out the

functions described in this subsection, the Sec- retary may work through the Farm Service Agency, or any other agency in the Department of Agriculture—

‘‘(i) to assist agricultural employers with the registration process under this paragraph by providing such employers with—

‘‘(I) technical assistance and ex- pertise;

‘‘(II) internet access for submit- ting such applications; and

‘‘(III) a nonelectronic means for submitting such registrations; and

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  1. 1  ‘‘(ii) to provide resources about the
  2. 2  Program, including best practices and
  3. 3  compliance related assistance and re-
  4. 4  sources or training to assist in retention of
  5. 5  such workers to agricultural employers.
  6. 6  ‘‘(E) DEPOSIT OF REGISTRATION FEE.—
  7. 7  All registration fees collected under subpara-
  8. 8  graph (A)(ii) shall be deposited in the Com-
  9. 9  prehensive Immigration Reform Trust Fund es-
  10. 10  tablished under section 6(a)(1) of the Border
  11. 11  Security, Economic Opportunity, and Immigra-
  12. 12  tion Modernization Act.
  13. 13  ‘‘(2) NONIMMIGRANT AGRICULTURAL WORKER
  14. 14  PETITION PROCESS.—
  15. 15  ‘‘(A) IN GENERAL.—Not later than 45
  16. 16  days before the date on which nonimmigrant
  17. 17  agricultural workers are needed, a designated
  18. 18  agricultural employer seeking to employ such
  19. 19  workers shall submit a petition to the Secretary
  20. 20  of Homeland Security that includes the employ-
  21. 21  er’s designated agricultural employer registra-
  22. 22  tion number.
  23. 23  ‘‘(B) ATTESTATION.—An application sub-
  24. 24  mitted under subparagraph (A) shall include an
  25. 25  attestation of the following

EAS13500 S.L.C. 208

  1. 1  ‘‘(i) the number of named or unnamed
  2. 2  nonimmigrant agricultural workers the
  3. 3  designated agricultural employer is seeking
  4. 4  to employ during the applicable period of
  5. 5  employment;
  6. 6  ‘‘(ii) the total number of contract ag-
  7. 7  ricultural workers and of at-will agricul-
  8. 8  tural workers the employer will require for
  9. 9  each occupational category;
  10. 10  ‘‘(iii) the anticipated period, including
  11. 11  expected beginning and ending dates, dur-
  12. 12  ing which such employees will be needed;
  13. 13  ‘‘(iv) evidence of contracts or written
  14. 14  disclosures of employment terms and con-
  15. 15  ditions in accordance with the Migrant and
  16. 16  Seasonal Agricultural Worker Protection
  17. 17  Act (29 U.S.C. 1801 et seq.), which have
  18. 18  been provided to the nonimmigrant agricul-
  19. 19  tural workers, or a sample of such contract
  20. 20  or disclosure for unnamed workers;
  21. 21  ‘‘(v) the information submitted to the
  22. 22  State workforce agency pursuant to para-
  23. 23  graph (3)(A)(i);

EAS13500 S.L.C. 209

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‘‘(vi) the record of United States workers described in paragraph (3)(A)(iv) on the date of the request;

‘‘(vii) evidence of offers of employ- ment made to United States workers as re- quired under paragraph (3)(B); and

‘‘(viii) that the employer has complied with the conditions pursuant to (4)(A) and (4)(B).
‘‘(C) EMPLOYMENT AUTHORIZATION WHEN

CHANGING EMPLOYERS.—Nonimmigrant agri- cultural workers in the United States who are identified in a petition submitted pursuant to subparagraph (A) and are in lawful status may commence employment with their designated agricultural employer after such employer has submitted such petition to the Secretary of Homeland Security.

‘‘(3) EMPLOYMENT OF UNITED STATES WORK- ERS.—

‘‘(A) RECRUITMENT.—
‘‘(i) FILING A JOB OFFER WITH THE

LOCAL OFFICE OF THE STATE WORKFORCE AGENCY.—Not later than 60 days before the date on which the employer desires to

EAS13500 S.L.C. 210

  1. 1  employ a nonimmigrant agricultural work-
  2. 2  er, the employer shall submit the job post-
  3. 3  ing for such worker to the local office of
  4. 4  the State workforce agency where the job
  5. 5  site is located and authorize the posting of
  6. 6  the job opportunity on ‘America’s Job
  7. 7  Bank’ or other Electronic Job Registry for
  8. 8  a period of 45 days. Nothing in this clause
  9. 9  may be construed to require the employer
  10. 10  to file an interstate job order under section
  11. 11  653.500 of title 20, Code of Federal Regu-
  12. 12  lations.
  13. 13  ‘‘(ii) CONSTRUCTION.—Nothing in
  14. 14  clause (i) may be construed to cause a list-
  15. 15  ing referred to in clause (i) to be treated
  16. 16  as an interstate job order under section
  17. 17  653.500 of title 20, Code of Federal Regu-
  18. 18  lations (or similar successor regulation).
  19. 19  ‘‘(iii) RECORD OF UNITED STATES
  20. 20  WORKERS.—An employer shall keep a
  21. 21  record of all eligible, able, willing, and
  22. 22  qualified United States workers who apply
  23. 23  for agricultural employment with the em-
  24. 24  ployer for the agricultural employment for

EAS13500 S.L.C. 211

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which the nonimmigrant agricultural non- immigrant workers are sought.
‘‘(B) REQUIREMENT TO HIRE.—

‘‘(i) UNITED STATES WORKERS.—An employer may not seek a nonimmigrant ag- ricultural worker for agricultural employ- ment unless the employer offers such em- ployment to any equally or better qualified United States worker who will be available at the time and place of need and who ap- plies for such employment during the re- cruitment period.

‘‘(ii) BLUE CARD STATUS.—Except as provided in clause (iii), the employer shall, for each job to be filled by a nonimmigrant agricultural worker, offer the job to any el- igible alien with blue card status who—

‘‘(I) applies for such job;

‘‘(II) is equally or better qualified for the job; and

‘‘(III) will be available at the time and place of need.
‘‘(iii) EXCEPTION.—Notwithstanding

clauses (i) and (ii), the employer may hire a nonimmigrant described in section

EAS13500 S.L.C. 212

  1. 1  101(a)(15)(H)(ii)(a) for agricultural em-
  2. 2  ployment if—
  3. 3  ‘‘(I) such worker worked for the
  4. 4  employer for 3 years during the 4-
  5. 5  year period ending on the date on
  6. 6  which the program authorized under
  7. 7  section 218 (as in effect on the date
  8. 8  of the enactment of the Agricultural
  9. 9  Worker Program Act of 2013) is ter-
  10. 10  minated; and
  11. 11  ‘‘(II) the employer pays such
  12. 12  worker the adverse effect wage rate
  13. 13  calculated under subsection (f)(5).
  14. 14  ‘‘(4) ADDITIONAL PROGRAM REQUIREMENTS
  15. 15  FOR DESIGNATED AGRICULTURAL EMPLOYERS.—
  16. 16  Each designated agricultural employer shall comply
  17. 17  with the following requirements:
  18. 18  ‘‘(A) NO DISPLACEMENT OF UNITED
  19. 19  STATES WORKERS.—
  20. 20  ‘‘(i) IN GENERAL.—The employer
  21. 21  shall not displace a United States worker
  22. 22  employed by the employer, other than for
  23. 23  good cause, during the period of employ-
  24. 24  ment of the nonimmigrant agricultural
  25. 25  worker and for a period of 30 days pre-

EAS13500 S.L.C. 213

  1. 1  ceding such period in the occupation and
  2. 2  at the location of employment for which
  3. 3  the employer seeks to employ non-
  4. 4  immigrant agricultural workers.
  5. 5  ‘‘(ii) LABOR DISPUTE.—The employer
  6. 6  shall not employ a nonimmigrant agricul-
  7. 7  tural worker for a specific job for which
  8. 8  the employer is requesting a nonimmigrant
  9. 9  agricultural worker because the former oc-
  10. 10  cupant of the job is on strike or being
  11. 11  locked out in the course of a labor dispute.
  12. 12  ‘‘(B) GUARANTEE OF EMPLOYMENT FOR
  13. 13  CONTRACT AGRICULTURAL WORKERS.—
  14. 14  ‘‘(i) OFFER TO CONTRACT WORKER.—
  15. 15  The employer shall guarantee to offer con-
  16. 16  tract agricultural workers employment for
  17. 17  the hourly equivalent of at least 75 percent
  18. 18  of the work days of the total period of em-
  19. 19  ployment, beginning with the first work
  20. 20  day after the arrival of the worker at the
  21. 21  place of employment and ending on the ex-
  22. 22  piration date specified in the job offer. In
  23. 23  this clause, the term ‘hourly equivalent’
  24. 24  means the number of hours in the work
  25. 25  days as stated in the job offer and shall ex-

EAS13500 S.L.C. 214

  1. 1  clude the worker’s Sabbath and Federal
  2. 2  holidays. If the employer affords the con-
  3. 3  tract agricultural worker less employment
  4. 4  than the number of hours required under
  5. 5  this subparagraph, the employer shall pay
  6. 6  such worker the amount the worker would
  7. 7  have earned had the worker worked the
  8. 8  guaranteed number of hours.
  9. 9  ‘‘(ii) FAILURE TO WORK.—Any hours
  10. 10  which the worker fails to work, up to a
  11. 11  maximum of the number of hours specified
  12. 12  in the job offer for a work day, when the
  13. 13  worker has been offered an opportunity to
  14. 14  do so, and all hours of work actually per-
  15. 15  formed (including voluntary work in excess
  16. 16  of the number of hours specified in the job
  17. 17  offer in a work day, on the worker’s Sab-
  18. 18  bath, or on Federal holidays) may be
  19. 19  counted by the employer in calculating
  20. 20  whether the period of guaranteed employ-
  21. 21  ment has been met.
  22. 22  ‘‘(iii) CONTRACT IMPOSSIBILITY.—If,
  23. 23  before the expiration of the period of em-
  24. 24  ployment specified in the job offer, the
  25. 25  services of a contract agricultural worker

EAS13500 S.L.C. 215

  1. 1  are no longer required for reasons beyond
  2. 2  the control of the employer due to any
  3. 3  form of natural disaster, including a flood,
  4. 4  hurricane, freeze, earthquake, fire,
  5. 5  drought, plant or animal disease or pest
  6. 6  infestation, or regulatory drought, before
  7. 7  the guarantee in subparagraph (A) is ful-
  8. 8  filled, the employer—
  9. 9  ‘‘(I) may terminate the worker’s
  10. 10  employment;
  11. 11  ‘‘(II) shall fulfill the employment
  12. 12  guarantee described in subparagraph
  13. 13  (B) for the work days that have
  14. 14  elapsed from the first work day after
  15. 15  the arrival of the worker to the termi-
  16. 16  nation of employment;
  17. 17  ‘‘(III) shall make efforts to
  18. 18  transfer the worker to other com-
  19. 19  parable employment acceptable to the
  20. 20  worker; and
  21. 21  ‘‘(IV) if such a transfer does not
  22. 22  take place, shall provide the return
  23. 23  transportation required under sub-
  24. 24  paragraph (J).
  25. 25  ‘‘(C) WORKERS’ COMPENSATION.—

EAS13500 S.L.C. 216

  1. 1  ‘‘(i) REQUIREMENT TO PROVIDE.—If
  2. 2  a job referred to in paragraph (3) is not
  3. 3  covered by the State workers’ compensa-
  4. 4  tion law, the employer shall provide, at no
  5. 5  cost to the nonimmigrant agricultural
  6. 6  worker, insurance covering injury and dis-
  7. 7  ease arising out of, and in the course of,
  8. 8  such job.
  9. 9  ‘‘(ii) BENEFITS.—The insurance re-
  10. 10  quired to be provided under clause (i) shall
  11. 11  provide benefits at least equal to those pro-
  12. 12  vided under and pursuant to State’s work-
  13. 13  ers’ compensation law for comparable em-
  14. 14  ployment.
  15. 15  ‘‘(D) PROHIBITION FOR USE FOR NON-
  16. 16  AGRICULTURAL SERVICES.—The employer may
  17. 17  not employ a nonimmigrant agricultural worker
  18. 18  for employment other than agricultural employ-
  19. 19  ment.
  20. 20  ‘‘(E) WAGES.—The employer shall pay the
  21. 21  wage required under subsection (f).
  22. 22  ‘‘(F) DEDUCTION OF WAGES.—The em-
  23. 23  ployer shall make only deductions from a non-
  24. 24  immigrant agricultural worker’s wages that are
  25. 25  authorized by law or are reasonable and cus-

EAS13500 S.L.C. 217

  1. 1  tomary in the occupation and area of employ-
  2. 2  ment of such worker.
  3. 3  ‘‘(G) REQUIREMENT TO PROVIDE HOUSING
  4. 4  OR A HOUSING ALLOWANCE.—
  5. 5  ‘‘(i) IN GENERAL.—Except as pro-
  6. 6  vided in clauses (iv) and (v), a designated
  7. 7  agricultural employer shall offer to provide
  8. 8  a nonimmigrant agricultural worker with
  9. 9  housing in accordance with clause (ii) or
  10. 10  (iii).
  11. 11  ‘‘(ii) HOUSING.—An employer may
  12. 12  provide housing to a nonimmigrant agricul-
  13. 13  tural worker that meets—
  14. 14  ‘‘(I) applicable Federal standards
  15. 15  for temporary labor camps; or
  16. 16  ‘‘(II) applicable local standards
  17. 17  (or, in the absence of applicable local
  18. 18  standards, State standards) for rental
  19. 19  or public accommodation housing or
  20. 20  other substantially similar class of
  21. 21  habitation.
  22. 22  ‘‘(iii) HOUSING PAYMENTS.—
  23. 23  ‘‘(I) PUBLIC HOUSING.—If the
  24. 24  employer arranges public housing for
  25. 25  nonimmigrant agricultural workers

EAS13500 S.L.C. 218

  1. 1  through a State, county, or local gov-
  2. 2  ernment program and such public
  3. 3  housing units normally require pay-
  4. 4  ments from tenants, such payments
  5. 5  shall be made by the employer directly
  6. 6  to the landlord.
  7. 7  ‘‘(II) DEPOSITS.—Deposits for
  8. 8  bedding or other similar incidentals
  9. 9  related to housing shall not be col-
  10. 10  lected from workers by employers who
  11. 11  provide housing for such workers.
  12. 12  ‘‘(III) DAMAGES.—The employer
  13. 13  may require any worker who is re-
  14. 14  sponsible for damage to housing that
  15. 15  did not result from normal wear and
  16. 16  tear related to habitation to reimburse
  17. 17  the employer for the reasonable cost
  18. 18  of repairing such damage.
  19. 19  ‘‘(iv) HOUSING ALLOWANCE ALTER-
  20. 20  NATIVE.—
  21. 21  ‘‘(I) IN GENERAL.—The employer
  22. 22  may provide a reasonable housing al-
  23. 23  lowance instead of providing housing
  24. 24  under clause (i). Upon the request of
  25. 25  a worker seeking assistance in locat-

EAS13500 S.L.C. 219

  1. 1  ing housing, the employer shall make
  2. 2  a good faith effort to assist the work-
  3. 3  er in identifying and locating housing
  4. 4  in the area of intended employment.
  5. 5  An employer who offers a housing al-
  6. 6  lowance to a worker or assists a work-
  7. 7  er in locating housing, which the
  8. 8  worker occupies shall not be deemed a
  9. 9  housing provided under section 203 of
  10. 10  the Migrant and Seasonal Agricultural
  11. 11  Worker Protection Act (29 U.S.C.
  12. 12  1823) solely by virtue of providing
  13. 13  such housing allowance. No housing
  14. 14  allowance may be used for housing
  15. 15  that is owned or controlled by the em-
  16. 16  ployer.
  17. 17  ‘‘(II) CERTIFICATION REQUIRE-
  18. 18  MENT.—Contract agricultural workers
  19. 19  may only be provided a housing allow-
  20. 20  ance if the Governor of the State in
  21. 21  which the place of employment is lo-
  22. 22  cated certifies to the Secretary that
  23. 23  there is adequate housing available in
  24. 24  the area of intended employment for
  25. 25  migrant farm workers and contract

EAS13500 S.L.C. 220

  1. 1  agricultural workers who are seeking
  2. 2  temporary housing while employed in
  3. 3  agricultural work. Such certification
  4. 4  shall expire after 3 years unless re-
  5. 5  newed by the Governor of the State.
  6. 6  ‘‘(III) AMOUNT OF ALLOW-
  7. 7  ANCE.—
  8. 8  ‘‘(aa) NONMETROPOLITAN
  9. 9  COUNTIES.—If the place of em-
  10. 10  ployment of the workers provided
  11. 11  an allowance under this clause is
  12. 12  a nonmetropolitan county, the
  13. 13  amount of the housing allowance
  14. 14  under this clause shall be equal
  15. 15  to the average fair market rental
  16. 16  for existing housing in nonmetro-
  17. 17  politan counties in the State in
  18. 18  which the place of employment is
  19. 19  located, as established by the
  20. 20  Secretary of Housing and Urban
  21. 21  Development pursuant to section
  22. 22  8(c) of the United States Hous-
  23. 23  ing Act of 1937 (42 U.S.C.
  24. 24  1437f(c)), based on a 2-bedroom

EAS13500 S.L.C. 221

  1. 1  dwelling unit and an assumption
  2. 2  of 2 persons per bedroom.
  3. 3  ‘‘(bb) METROPOLITAN
  4. 4  COUNTIES.—If the place of em-
  5. 5  ployment of the workers provided
  6. 6  an allowance under this clause is
  7. 7  a metropolitan county, the
  8. 8  amount of the housing allowance
  9. 9  under this clause shall be equal
  10. 10  to the average fair market rental
  11. 11  for existing housing in metropoli-
  12. 12  tan counties in the State in
  13. 13  which the place of employment is
  14. 14  located, as established by the
  15. 15  Secretary of Housing and Urban
  16. 16  Development pursuant to section
  17. 17  8(c) of the United States Hous-
  18. 18  ing Act of 1937 (42 U.S.C.
  19. 19  1437f(c)), based on a 2-bedroom
  20. 20  dwelling unit and an assumption
  21. 21  of 2 persons per bedroom.
  22. 22  ‘‘(v) EXCEPTION FOR COMMUTING
  23. 23  WORKERS.—Nothing in this subparagraph
  24. 24  may be construed to require an employer
  25. 25  to provide housing or a housing allowance

EAS13500 S.L.C. 222

  1. 1  to workers who reside outside of the
  2. 2  United States if their place of residence is
  3. 3  within normal commuting distance and the
  4. 4  job site is within 50 miles of an inter-
  5. 5  national land border of the United States.
  6. 6  ‘‘(H) WORKSITE TRANSPORTATION FOR
  7. 7  CONTRACT WORKERS.—During the period a
  8. 8  designated agricultural employer employs a con-
  9. 9  tract worker, such employer shall, at the em-
  10. 10  ployer’s option, provide or reimburse the con-
  11. 11  tract worker for the cost of transportation from
  12. 12  the contract worker’s residence in the United
  13. 13  States to the contract worker’s place of employ-
  14. 14  ment.
  15. 15  ‘‘(I) REIMBURSEMENT OF TRANSPOR-
  16. 16  TATION TO PLACE OF EMPLOYMENT.—
  17. 17  ‘‘(i) IN GENERAL.—Except as pro-
  18. 18  vided in subclause (II) a contract agricul-
  19. 19  tural worker who completes at least 27
  20. 20  months under his or her contract with the
  21. 21  same designated agricultural employer
  22. 22  shall be reimbursed by that employer for
  23. 23  the cost of the worker’s transportation and
  24. 24  subsistence from the place of employment

EAS13500 S.L.C. 223

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to the place from which the worker came from abroad to work for the employer.

‘‘(ii) LIMITATION.—Except as pro- vided in clause (iii), the amount of reim- bursement provided under clause (i) to a worker shall not exceed the lesser of—

‘‘(I) the actual cost to the worker of the transportation and subsistence involved; or

‘‘(II) the most economical and reasonable common carrier transpor- tation charges and subsistence costs for the distance involved.

‘‘(iii) DISTANCE TRAVELED.—The em- ployer shall not be required to reimburse a worker under clause (i) if—

‘‘(I) the distance traveled is 100 miles or less; or

‘‘(II) the worker is not residing in employer-provided housing or hous- ing secured through an allowance de- scribed in subclause (I)(iv).

‘‘(J) REIMBURSEMENT OF TRANSPOR- TATION FROM PLACE OF EMPLOYMENT.—

‘‘(i) IN GENERAL.—

EAS13500 S.L.C. 224

  1. 1  ‘‘(I) IN GENERAL.—Except as
  2. 2  provided in subclause (II), a contract
  3. 3  agricultural worker who completes at
  4. 4  least 75 percent of a contract for a
  5. 5  designated agricultural employer shall
  6. 6  be reimbursed by the employer for the
  7. 7  cost of the worker’s transportation
  8. 8  and subsistence from the place of em-
  9. 9  ployment to the place from which the
  10. 10  worker came to work for the em-
  11. 11  ployer.
  12. 12  ‘‘(II) EXCEPTION.—If a contract
  13. 13  agricultural worker was employed by
  14. 14  another designated agricultural work-
  15. 15  er after terminating employment with
  16. 16  the designated agricultural employer
  17. 17  described in subclause (I) and before
  18. 18  returning to the place outside the
  19. 19  United States from which the worker
  20. 20  came, the subsequent designated agri-
  21. 21  cultural employer shall reimburse the
  22. 22  worker for the costs described in sub-
  23. 23  clause (I).
  24. 24  ‘‘(III) SINGLE TRIP.—A contract
  25. 25  agricultural worker is only entitled to

EAS13500 S.L.C. 225

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be reimbursed by a designated agri- cultural employer under this subpara- graph for travel to the place from which the worker came at the time the worker is leaving the Program. ‘‘(ii) LIMITATION.—Except as pro-

vided in clause (iii), the amount of reim- bursement provided under clause (i) to a worker shall not exceed the lesser of—

‘‘(I) the actual cost to the worker of the transportation and subsistence involved; or

‘‘(II) the most economical and reasonable common carrier transpor- tation charges and subsistence costs for the distance involved.

‘‘(iii) DISTANCE TRAVELED.—The em- ployer shall not be required to reimburse a worker under clause (i) if—

‘‘(I) the distance traveled is 100 miles or less; or

‘‘(II) the worker is not residing in employer-provided housing or hous- ing secured through an allowance de- scribed in subclause (I)(iv).

EAS13500 S.L.C. 226

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‘‘(iv) EARLY TERMINATION.—If a con- tract agricultural worker is laid off or the worker’s employment is terminated for contract impossibility (as described in sub- paragraph (C)(iii)) before completing 75 percent of such contract, the employer shall reimburse the worker for the costs described in clause (i)(I).

‘‘(5) VIOLATION OF PROGRAM REQUIRE- MENTS.—If the Secretary determines, after an op- portunity for a hearing, that a designated agricul- tural employer has violated a term under this section the Secretary may—

‘‘(A) impose penalties, including fines; and

‘‘(B) for serious violations, disqualify the employer from future enrollment in the Pro- gram for a period of not more than 3 years.

‘‘(f) WAGES.—
‘‘(1) WAGE RATE REQUIREMENT.—

‘‘(A) IN GENERAL.—A nonimmigrant agri- cultural worker employed by a designated agri- cultural employer shall be paid the wage rate for such employment set forth in paragraph (3).

‘‘(B) WORKERS PAID ON A PIECE RATE OR OTHER INCENTIVE BASIS.—If an employer pays

EAS13500 S.L.C. 227

  1. 1  by the piece rate or other incentive method and
  2. 2  requires one or more minimum productivity
  3. 3  standards as a condition of job retention, such
  4. 4  standards shall be specified in the job offer and
  5. 5  be no more than those which have been nor-
  6. 6  mally required (at the time of the employee’s
  7. 7  initial entry into the country as a nonimmigrant
  8. 8  agricultural worker) by other employers for the
  9. 9  activity in the geographic area of the job, unless
  10. 10  the Secretary approves a higher standard.
  11. 11  ‘‘(2) JOB CATEGORIES.—For purposes of para-
  12. 12  graph (1), each nonimmigrant agricultural worker
  13. 13  employed by such employer shall be assigned to 1 of
  14. 14  the following standard occupational classifications,
  15. 15  as defined by the Bureau of Labor Statistics:
  16. 16  ‘‘(A) First-Line Supervisors of Farming,
  17. 17  Fishing, and Forestry Workers (45–1011).
  18. 18  ‘‘(B) Animal Breeders (45-2021).
  19. 19  ‘‘(C) Graders and Sorters, Agricultural
  20. 20  Products (45–2041).
  21. 21  ‘‘(D) Agricultural equipment operator (45–
  22. 22  2091).
  23. 23  ‘‘(E) Farmworkers and Laborers, Crop,
  24. 24  Nursery, and Greenhouse (45–2092).

EAS13500 S.L.C. 228

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‘‘(F) Farmworkers, Farm, Ranch and Aquacultural Animals (45-2093).
‘‘(3) DETERMINATION OF WAGE RATE.—

‘‘(A) FISCAL YEARS 2014 THROUGH 2016.— The wage rate under this subparagraph for fis- cal years 2014 through 2016 shall be the higher of—

‘‘(i) the applicable Federal, State or local minimum wage; or

‘‘(ii)(I) for the category described in paragraph (2)(C)—

‘‘(aa) $9.37 for fiscal year 2014;

‘‘(bb) $9.60 for fiscal year 2015; and

‘‘(cc) $9.84 for fiscal year 2016; ‘‘(II) for the category described in

paragraph (2)(D)—
‘‘(aa) $11.30 for fiscal year

2014;
‘‘(bb) $11.58 for fiscal year

2015; and
‘‘(cc) $11.87 for fiscal year 2016;

‘‘(III) for the category described in paragraph (2)(E)—

‘‘(aa) $9.17 for fiscal year 2014;

EAS13500 S.L.C. 229

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‘‘(bb) $9.40 for fiscal year 2015; and

‘‘(cc) $9.64 for fiscal year 2016; and

‘‘(IV) for the category described in paragraph (2)(F)—

‘‘(aa) $10.82 for fiscal year 2014;

‘‘(bb) $11.09 for fiscal year 2015; and

‘‘(cc) $11.37 for fiscal year 2016; ‘‘(B) SUBSEQUENT YEARS.—The Secretary shall increase the hourly wage rates set forth in clauses (i) through (iv) of subparagraph (A), for each fiscal year after the fiscal years de- scribed in subparagraph (A) by an amount

equal to—
‘‘(i) 1.5 percent, if the percentage in-

crease in the Employment Cost Index for wages and salaries during the previous fis- cal year, as calculated by the Bureau of Labor Statistics, is less than 1.5 percent;

‘‘(ii) the percentage increase in such Employment Cost Index, if such percent-

EAS13500 S.L.C. 230

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age increase is between 1.5 percent and 2.5 percent, inclusive; or

‘‘(iii) 2.5 percent, if such percentage increase is greater than 2.5 percent.
‘‘(C) AGRICULTURAL SUPERVISORS AND

ANIMAL BREEDERS.—Not later than September 1, 2015, and annually thereafter, the Secretary, in consultation with the Secretary of Labor, shall establish the prevailing wage for the next fiscal year for each of the job categories set out in subparagraphs (A) and (B) of paragraph (2).

‘‘(D) SURVEY BY BUREAU OF LABOR STA- TISTICS.—Not later than April 15, 2015, the Bureau of Labor Statistics shall consult with the Secretary to expand the Occupational and Employment Survey to survey agricultural pro- ducers and contractors and produce improved wage data by State and the job categories set out in subparagraphs (A) through (F) of para- graph (2).

‘‘(4) CONSIDERATION.—In determining the wage rate under paragraph (3), the Secretary may consider appropriate factors, including—

‘‘(A) whether the employment of additional alien workers at the prevailing wage will ad-

EAS13500 S.L.C. 231

  1. 1  versely affect the wages and working conditions
  2. 2  of workers in the United States similarly em-
  3. 3  ployed;
  4. 4  ‘‘(B) whether the employment in the
  5. 5  United States of an alien admitted under sec-
  6. 6  tion 101(a)(15)(H)(ii)(a) or unauthorized aliens
  7. 7  in the agricultural workforce has depressed
  8. 8  wages of United States workers engaged in ag-
  9. 9  ricultural employment below the levels that
  10. 10  would otherwise have prevailed if such aliens
  11. 11  had not been employed in the United States;
  12. 12  ‘‘(C) whether wages of agricultural workers
  13. 13  are sufficient to support such workers and their
  14. 14  families at a level above the poverty thresholds
  15. 15  determined by the Bureau of Census;
  16. 16  ‘‘(D) the wages paid workers in the United
  17. 17  States who are not employed in agricultural em-
  18. 18  ployment but who are employed in comparable
  19. 19  employment;
  20. 20  ‘‘(E) the continued exclusion of employers
  21. 21  of nonimmigrant alien workers in agriculture
  22. 22  from the payment of taxes under chapter 21 of
  23. 23  the Internal Revenue Code of 1986 (26 U.S.C.
  24. 24  3101 et seq.) and chapter 23 of such Code (26
  25. 25  U.S.C. 3301 et seq.);

EAS13500 S.L.C. 232

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‘‘(F) the impact of farm labor costs in the United States on the movement of agricultural production to foreign countries;

‘‘(G) a comparison of the expenses and cost structure of foreign agricultural producers to the expenses incurred by agricultural pro- ducers based in the United States; and

‘‘(H) the accuracy and reliability of the Occupational and Employment Survey.
‘‘(5) ADVERSE EFFECT WAGE RATE.—

‘‘(A) PROHIBITION OF MODIFICATION.— The adverse effect wage rates in effect on April 15, 2013, for nonimmigrants admitted under 101(a)(15)(H)(ii)(a)—

‘‘(i) shall remain in effect until the date described in section 2233 of the Agri- cultural Worker Program Act of 2013; and

‘‘(ii) may not be modified except as provided in subparagraph (B).
‘‘(B) EXCEPTION.—Until the Secretary es-

tablishes the wage rates required under para- graph (3)(C), the adverse effect wage rates in effect on the date of the enactment of the Agri- cultural Worker Program Act of 2013 shall be—

EAS13500 S.L.C. 233

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‘‘(i) deemed to be such wage rates; and

‘‘(ii) after September 1, 2015, ad- justed annually in accordance with para- graph (3)(B).

‘‘(6) EQUAL WAGES, BENEFITS, AND WORKING CONDITIONS.—

‘‘(A) PREFERENTIAL TREATMENT OF ALIENS PROHIBITED.—

‘‘(i) IN GENERAL.—The employer’s job offer must offer to United States work- ers no less than the same benefits, wages, and working conditions that the employer is offering, intends to offer, or will provide to nonimmigrant workers. Conversely, no job offer may impose on United States workers any restrictions or obligations which will not be imposed on the employ- er’s nonimmigrants.

‘‘(ii) SIMILARLY SITUATED U.S. WORK- ERS.—Except as provided in paragraph (3), all similarly situated U.S. workers em- ployed at the same place of employment in the same occupational classification as the nonimmigrant workers must be provided

EAS13500 S.L.C. 234

  1. 1  the same wages, benefits, and working con-
  2. 2  ditions described in this section.
  3. 3  ‘‘(iii) EXCEPTION.—Notwithstanding
  4. 4  subparagraph (2), an employer is not re-
  5. 5  quired to provide housing for similarly sit-
  6. 6  uated United States workers, other than
  7. 7  United States workers recruited and hired
  8. 8  pursuant to an offer of employment in con-
  9. 9  nection with an application.
  10. 10  ‘‘(B) ATTESTATION.—
  11. 11  ‘‘(i) IN GENERAL.—Each designated
  12. 12  agricultural employer shall include an at-
  13. 13  testation that the employer is or is not a
  14. 14  Program dependent employer in its peti-
  15. 15  tion for nonimmigrant agricultural workers
  16. 16  under paragraph (2).
  17. 17  ‘‘(ii) PROGRAM DEPENDENT EM-
  18. 18  PLOYER DETERMINATION.—Each des-
  19. 19  ignated agricultural employer shall annu-
  20. 20  ally determine whether the employer is a
  21. 21  Program dependent employer, with at least
  22. 22  60 percent of its employees who are not
  23. 23  United States workers, based upon—
  24. 24  ‘‘(I) the total number of employ-
  25. 25  ees employed by an employer during

EAS13500 S.L.C. 235

  1. 1  the preceding calendar year, as evi-
  2. 2  denced by the employer’s payroll
  3. 3  records; and
  4. 4  ‘‘(II) the employer’s E-Verify
  5. 5  records indicating the citizenship and
  6. 6  alien status of each employee em-
  7. 7  ployed by the employer.
  8. 8  ‘‘(C) HOUSING EXCEPTION.—An employer
  9. 9  described in subparagraph (A) shall only be re-
  10. 10  quired to provide housing to United States
  11. 11  workers in accordance with subsection
  12. 12  (e)(4)(H) if such workers do not reside within
  13. 13  100 miles of their place of employment.
  14. 14  ‘‘(g) WORKER PROTECTIONS AND DISPUTE RESOLU-
  15. 15  TION.—
  16. 16  ‘‘(1) EQUALITY OF TREATMENT.—Non-
  17. 17  immigrant agricultural workers shall not be denied
  18. 18  any right or remedy under any Federal, State, or
  19. 19  local labor or employment law applicable to United
  20. 20  States workers engaged in agricultural employment.
  21. 21  ‘‘(2) APPLICABILITY OF THE MIGRANT AND
  22. 22  SEASONAL AGRICULTURAL WORKER PROTECTION
  23. 23  ACT.—
  24. 24  ‘‘(A) MIGRANT AND SEASONAL AGRICUL-
  25. 25  TURAL WORKER PROTECTION ACT.—Non-

EAS13500 S.L.C. 236

  1. 1  immigrant agricultural workers shall be consid-
  2. 2  ered migrant agricultural workers for purposes
  3. 3  of the Migrant and Seasonal Agricultural Work-
  4. 4  er Protection Act (29 U.S.C. 1801 et seq.).
  5. 5  ‘‘(B) ELIGIBILITY OF NONIMMIGRANT AG-
  6. 6  RICULTURAL WORKERS FOR CERTAIN LEGAL
  7. 7  ASSISTANCE.—A nonimmigrant agricultural
  8. 8  worker shall be considered to be lawfully admit-
  9. 9  ted for permanent residence for purposes of es-
  10. 10  tablishing eligibility for legal services under the
  11. 11  Legal Services Corporation Act (42 U.S.C.
  12. 12  2996 et seq.) on matters relating to wages,
  13. 13  housing, transportation, and other employment
  14. 14  rights.
  15. 15  ‘‘(C) MEDIATION.—
  16. 16  ‘‘(i) FREE MEDIATION SERVICES.—
  17. 17  The Federal Mediation and Conciliation
  18. 18  Service shall be available to assist in re-
  19. 19  solving disputes arising under this section
  20. 20  between nonimmigrant agricultural work-
  21. 21  ers and designated agricultural employers
  22. 22  without charge to the parties.
  23. 23  ‘‘(ii) COMPLAINT.—If a nonimmigrant
  24. 24  agricultural worker files a complaint under
  25. 25  section 504 of the Migrant and Seasonal

EAS13500 S.L.C. 237

  1. 1  Agricultural Worker Protection Act (29
  2. 2  U.S.C. 1854), not later than 60 days after
  3. 3  the filing of proof of service of the com-
  4. 4  plaint, a party to the action may file a re-
  5. 5  quest with the Federal Mediation and Con-
  6. 6  ciliation Service to assist the parties in
  7. 7  reaching a satisfactory resolution of all
  8. 8  issues involving all parties to the dispute.
  9. 9  ‘‘(iii) NOTICE.—Upon filing a request
  10. 10  under clause (ii) and giving of notice to the
  11. 11  parties, the parties shall attempt mediation
  12. 12  within the period specified in clause (iv).
  13. 13  ‘‘(iv) 90-DAY LIMIT.—The Federal
  14. 14  Mediation and Conciliation Service may
  15. 15  conduct mediation or other nonbinding dis-
  16. 16  pute resolution activities for a period not
  17. 17  to exceed 90 days beginning on the date on
  18. 18  which the Federal Mediation and Concilia-
  19. 19  tion Service receives a request for assist-
  20. 20  ance under clause (ii) unless the parties
  21. 21  agree to an extension of such period.
  22. 22  ‘‘(v) AUTHORIZATION OF APPROPRIA-
  23. 23  TIONS.—
  24. 24  ‘‘(I) IN GENERAL.—Subject to
  25. 25  clause (II), there are authorized to be

EAS13500 S.L.C. 238

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appropriated to the Federal Mediation and Conciliation Service $500,000 for each fiscal year to carry out this sub- paragraph.

‘‘(II) MEDIATION.—Notwith- standing any other provision of law, the Director of the Federal Mediation and Conciliation Service is author- ized—

‘‘(aa) to conduct the medi- ation or other dispute resolution activities from any other account containing amounts available to the Director; and

‘‘(bb) to reimburse such ac- count with amounts appropriated pursuant to subclause (I).

‘‘(vi) PRIVATE MEDIATION.—If all parties agree, a private mediator may be employed as an alternative to the Federal Mediation and Conciliation Service.

‘‘(3) OTHER RIGHTS.—Nonimmigrant agricul- tural workers shall be entitled to the rights granted to other classes of aliens under sections 242(h) and 245E.

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‘‘(4) WAIVER OF RIGHTS.—Agreements by non- immigrant agricultural workers to waive or modify any rights or protections under this section shall be considered void or contrary to public policy except as provided in a collective bargaining agreement with a bona fide labor organization.
‘‘(h) ENFORCEMENT AUTHORITY.—

‘‘(1) REVIEW.—The Secretary of Homeland Se- curity shall review petitions submitted by designated agricultural employers under subsection (e)(2) for completeness or obvious inaccuracies.

‘‘(2) INVESTIGATION OF COMPLAINTS.—
‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY

COMPLAINTS.—
‘‘(i) PROCESS.—The Secretary of

Labor shall establish a process for the re- ceipt, investigation, and disposition of com- plaints respecting a designated agricultural employer’s failure to meet a condition spec- ified in subsection (e), or an employer’s misrepresentation of material facts in a pe- tition under subsection (e)(2).

‘‘(ii) FILING.—Any aggrieved person or organization, including bargaining rep- resentatives, may file a complaint referred

EAS13500 S.L.C. 240

  1. 1  to in clause (i) not later than 1 year after
  2. 2  the date of the failure or misrepresenta-
  3. 3  tion, respectively.
  4. 4  ‘‘(iii) INVESTIGATION OR HEARING.—
  5. 5  The Secretary of Labor shall conduct an
  6. 6  investigation if there is reasonable cause to
  7. 7  believe that such failure or misrepresenta-
  8. 8  tion has occurred.
  9. 9  ‘‘(B) DETERMINATION ON COMPLAINT.—
  10. 10  Under such process, the Secretary of Labor
  11. 11  shall provide, not later than 30 days after the
  12. 12  date on which such a complaint is filed, for a
  13. 13  determination as to whether or not a reasonable
  14. 14  basis exists to make a finding described in sub-
  15. 15  paragraph (C), (D), (E), or (F). If the Sec-
  16. 16  retary of Labor determines that such a reason-
  17. 17  able basis exists, the Secretary of Labor shall
  18. 18  provide for notice of such determination to the
  19. 19  interested parties and an opportunity for a
  20. 20  hearing on the complaint, in accordance with
  21. 21  section 556 of title 5, United States Code, with-
  22. 22  in 60 days after the date of the determination.
  23. 23  If such a hearing is requested, the Secretary of
  24. 24  Labor shall make a finding concerning the mat-
  25. 25  ter not later than 60 days after the date of the

EAS13500 S.L.C. 241

  1. 1  hearing. In the case of similar complaints re-
  2. 2  specting the same applicant, the Secretary of
  3. 3  Labor may consolidate the hearings under this
  4. 4  subparagraph on such complaints.
  5. 5  ‘‘(C) FAILURE TO MEET CONDITIONS.—If
  6. 6  the Secretary of Labor finds, after notice and
  7. 7  opportunity for a hearing, a failure to meet a
  8. 8  condition under subsection (e) or (f), or made
  9. 9  a material misrepresentation of fact in a peti-
  10. 10  tion under subsection (e)(2)—
  11. 11  ‘‘(i) the Secretary of Labor shall no-
  12. 12  tify the Secretary of such finding and may,
  13. 13  in addition, impose such other administra-
  14. 14  tive remedies (including civil money pen-
  15. 15  alties in an amount not to exceed $1,000
  16. 16  per violation) as the Secretary of Labor
  17. 17  determines to be appropriate; and
  18. 18  ‘‘(ii) the Secretary may disqualify the
  19. 19  designated agricultural employer from the
  20. 20  employment of nonimmigrant agricultural
  21. 21  workers for a period of 1 year.
  22. 22  ‘‘(D) WILLFUL FAILURES AND WILLFUL
  23. 23  MISREPRESENTATIONS.—If the Secretary of
  24. 24  Labor finds, after notice and opportunity for
  25. 25  hearing, a willful failure to meet a condition

EAS13500 S.L.C. 242

  1. 1  under subsection (e) or (f) or a willful misrepre-
  2. 2  sentation of a material fact in an application or
  3. 3  petition under paragraph (1) or (2) of sub-
  4. 4  section (e)—
  5. 5  ‘‘(i) the Secretary of Labor shall no-
  6. 6  tify the Secretary of such finding and may,
  7. 7  in addition, impose such other administra-
  8. 8  tive remedies (including civil money pen-
  9. 9  alties in an amount not to exceed $5,000
  10. 10  per violation) as the Secretary of Labor
  11. 11  determines to be appropriate;
  12. 12  ‘‘(ii) the Secretary of Labor may seek
  13. 13  appropriate legal or equitable relief to ef-
  14. 14  fectuate the purposes of subsection (e)(8);
  15. 15  and
  16. 16  ‘‘(iii) the Secretary may disqualify the
  17. 17  designated agricultural employer from the
  18. 18  employment of nonimmigrant agricultural
  19. 19  workers for a period of 2 years.
  20. 20  ‘‘(E) DISPLACEMENT OF UNITED STATES
  21. 21  WORKERS.—If the Secretary of Labor finds,
  22. 22  after notice and opportunity for hearing, a will-
  23. 23  ful failure to meet a condition under subsection
  24. 24  (e) or (f) or a willful misrepresentation of a ma-
  25. 25  terial fact in an application or petition under

EAS13500 S.L.C. 243

  1. 1  paragraph (1) or (2) of subsection (e), in the
  2. 2  course of which failure or misrepresentation the
  3. 3  employer displaced a United States worker em-
  4. 4  ployed by the employer during the period of em-
  5. 5  ployment on the employer’s petition under sub-
  6. 6  section (e)(2) or during the period of 30 days
  7. 7  preceding such period of employment—
  8. 8  ‘‘(i) the Secretary of Labor shall no-
  9. 9  tify the Secretary of such finding and may,
  10. 10  in addition, impose such other administra-
  11. 11  tive remedies (including civil money pen-
  12. 12  alties in an amount not to exceed $15,000
  13. 13  per violation) as the Secretary of Labor
  14. 14  determines to be appropriate; and
  15. 15  ‘‘(ii) the Secretary may disqualify the
  16. 16  employer from the employment of non-
  17. 17  immigrant agricultural workers for a pe-
  18. 18  riod of 3 years.
  19. 19  ‘‘(F) FAILURES TO PAY WAGES OR RE-
  20. 20  QUIRED BENEFITS.—If the Secretary of Labor
  21. 21  finds, after notice and opportunity for a hear-
  22. 22  ing, that the employer has failed to pay the
  23. 23  wages, or provide the housing allowance, trans-
  24. 24  portation, subsistence reimbursement, or guar-
  25. 25  antee of employment required under subsection

EAS13500 S.L.C. 244

  1. 1  (e)(4) and (f), the Secretary of Labor shall as-
  2. 2  sess payment of back wages, or other required
  3. 3  benefits, due any United States worker or non-
  4. 4  immigrant agricultural worker employed by the
  5. 5  employer in the specific employment in ques-
  6. 6  tion. The back wages or other required benefits
  7. 7  required under subsection (e) and (f) shall be
  8. 8  equal to the difference between the amount that
  9. 9  should have been paid and the amount that ac-
  10. 10  tually was paid to such worker.
  11. 11  ‘‘(G) DISPOSITION OF PENALTIES.—Civil
  12. 12  penalties collected under this paragraph shall be
  13. 13  deposited into the Comprehensive Immigration
  14. 14  Reform Trust Fund established under section
  15. 15  6(a)(1) of the Border Security, Economic Op-
  16. 16  portunity, and Immigration Modernization Act.
  17. 17  ‘‘(3) LIMITATIONS ON CIVIL MONEY PEN-
  18. 18  ALTIES.—The Secretary of Labor shall not impose
  19. 19  total civil money penalties with respect to a petition
  20. 20  under subsection (e)(2) in excess of $90,000.
  21. 21  ‘‘(4) ELECTION.—A nonimmigrant agricultural
  22. 22  worker who has filed an administrative complaint
  23. 23  with the Secretary of Labor may not maintain a civil
  24. 24  action under paragraph (2) unless a complaint based
  25. 25  on the same violation filed with the Secretary of

EAS13500 S.L.C. 245

  1. 1  Labor under subsection (a)(1) is withdrawn before
  2. 2  the filing of such action, in which case the rights
  3. 3  and remedies available under this subsection shall be
  4. 4  exclusive.
  5. 5  ‘‘(5) PRECLUSIVE EFFECT.—Any settlement by
  6. 6  a nonimmigrant agricultural worker, a designated
  7. 7  agricultural employer, or any person reached
  8. 8  through the mediation process required under sub-
  9. 9  section (g)(2)(C) shall preclude any right of action
  10. 10  arising out of the same facts between the parties in
  11. 11  any Federal or State court or administrative pro-
  12. 12  ceeding, unless specifically provided otherwise in the
  13. 13  settlement agreement.
  14. 14  ‘‘(6) SETTLEMENTS.—Any settlement by the
  15. 15  Secretary of Labor on behalf of a designated agricul-
  16. 16  tural worker on behalf of a nonimmigrant agricul-
  17. 17  tural worker of a complaint filed with the Secretary
  18. 18  of Labor under this section or any finding by the
  19. 19  Secretary of Labor under this subsection shall pre-
  20. 20  clude any right of action arising out of the same
  21. 21  facts between the parties under any Federal or State
  22. 22  court or administrative proceeding, unless specifi-
  23. 23  cally provided otherwise in the settlement agreement.
  24. 24  ‘‘(7) STATUTORY CONSTRUCTION.—Nothing in
  25. 25  this subsection may be construed as limiting the au-

EAS13500 S.L.C. 246

  1. 1  thority of the Secretary of Labor to conduct any
  2. 2  compliance investigation under any other labor law,
  3. 3  including any law affecting migrant and seasonal ag-
  4. 4  ricultural workers, or, in the absence of a complaint
  5. 5  under this section, under paragraph (1), (3), or (4)
  6. 6  of subsection (e), in the settlement agreement.
  7. 7  ‘‘(8) DISCRIMINATION PROHIBITED.—It is a
  8. 8  violation of this subsection for any person to intimi-
  9. 9  date, threaten, restrain, coerce, blacklist, discharge,
  10. 10  or in any other manner discriminate against an em-
  11. 11  ployee, including a former employee or an applicant
  12. 12  for employment, because the employee—
  13. 13  ‘‘(A) has disclosed information to the em-
  14. 14  ployer, or to any other person, that the em-
  15. 15  ployee reasonably believes evidences a violation
  16. 16  of subsection (e), or any rule or regulation re-
  17. 17  lating to subsection (e); or
  18. 18  ‘‘(B) cooperates or seeks to cooperate in an
  19. 19  investigation or other proceeding concerning the
  20. 20  employer’s compliance with the requirements
  21. 21  under subsection (e) or any rule or regulation
  22. 22  pertaining to subsection (e).
  23. 23  ‘‘(9) ROLE OF ASSOCIATIONS.—
  24. 24  ‘‘(A) VIOLATION BY A MEMBER OF AN AS-
  25. 25  SOCIATION.—

EAS13500 S.L.C. 247

  1. 1  ‘‘(i) IN GENERAL.—If an association
  2. 2  acting as the agent of an employer files an
  3. 3  application on behalf of such employer, the
  4. 4  employer is fully responsible for such appli-
  5. 5  cation, and for complying with the terms
  6. 6  and conditions of subsection (e). If such an
  7. 7  employer is determined to have violated
  8. 8  any requirement described in this sub-
  9. 9  section, the penalty for such violation shall
  10. 10  apply only to that employer except as pro-
  11. 11  vided in clause (ii).
  12. 12  ‘‘(ii) COLLECTIVE RESPONSIBILITY.—
  13. 13  If the Secretary of Labor determines that
  14. 14  the association or other members of the as-
  15. 15  sociation participated in, had knowledge of,
  16. 16  or reason to know of a violation described
  17. 17  in clause (i), the penalty shall also be in-
  18. 18  voked against the association and complicit
  19. 19  association members.
  20. 20  ‘‘(B) VIOLATIONS BY AN ASSOCIATION
  21. 21  ACTING AS AN EMPLOYER.—
  22. 22  ‘‘(i) IN GENERAL.—If an association
  23. 23  filing an application as a sole or joint em-
  24. 24  ployer is determined to have violated any
  25. 25  requirement described in this section, the

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penalty for such violation shall apply only to the association except as provided in clause (ii).

‘‘(ii) MEMBER RESPONSIBILITY.—If the Secretary of Labor determines that 1 or more association members participated in, had knowledge of, or reason to know of the violation described in clause (i), the penalty shall be invoked against all complicit association members.

‘‘(i) SPECIAL NONIMMIGRANT VISA PROCESSING AND WAGE DETERMINATION PROCEDURES FOR CERTAIN AG- RICULTURAL OCCUPATIONS.—

‘‘(1) FINDING.—Certain industries possess unique occupational characteristics that necessitate the Secretary of Agriculture adopt special proce- dures relating to housing, pay, and visa program ap- plication requirements for those industries.

‘‘(2) SPECIAL PROCEDURES INDUSTRIES DE- FINED.—In this subsection, the term ‘Special Proce- dures Industries’ means—

‘‘(A) sheepherding and goat herding;

‘‘(B) itinerant commercial beekeeping and pollination;

‘‘(C) open range production of livestock;

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‘‘(D) itinerant animal shearing;
‘‘(E) custom combining industries; and ‘‘(F) any other industry designated by the

Secretary, upon petition by an employer, as a Special Procedures Industry.
‘‘(3) WORK LOCATIONS.—The Secretary shall

allow designated agricultural employers in a Special Procedures Industry that do not operate in a single fixed-site location to provide, as part of application and job description under the Program, a list of an- ticipated work locations, which—

‘‘(A) may include an anticipated itinerary; and

‘‘(B) may be subsequently amended by the employer, after notice to the Secretary.
‘‘(4) WAGE RATES.—The Secretary may estab-

lish monthly, weekly, or biweekly wage rates for oc- cupations in a Special Procedures Industry for a State or other geographic area. For an employer in those Special Industries that typically pay a monthly wage, the Secretary shall require that workers will be paid not less frequently than monthly and at a rate no less than the legally required monthly cash wage for such employer as of the date of enactment

EAS13500 S.L.C. 250

  1. 1  and in an amount as re-determined annually by the
  2. 2  Secretary of Agriculture through rulemaking.
  3. 3  ‘‘(5) HOUSING.—The Secretary shall allow for
  4. 4  the provision of housing or a housing allowance by
  5. 5  employers in Special Procedures Industries and
  6. 6  allow housing suitable for workers employed in re-
  7. 7  mote locations.
  8. 8  ‘‘(6) ALLERGY LIMITATION.—An employer en-
  9. 9  gaged in the commercial beekeeping or pollination
  10. 10  services industry may require that an applicant be
  11. 11  free from bee pollen or honey-related allergies.
  12. 12  ‘‘(7) APPLICATION.—An individual employer in
  13. 13  Special Procedures Industry may file visa program
  14. 14  applications on its own behalf, including with use of
  15. 15  an agent, or in conjunction with an association of
  16. 16  employers, and in any case the employer’s applica-
  17. 17  tion may be part of several related applications sub-
  18. 18  mitted simultaneously that constitute a master ap-
  19. 19  plication.
  20. 20  ‘‘(8) RULEMAKING.—The Secretary of Agri-
  21. 21  culture, after consultation with employers and em-
  22. 22  ployee representatives, shall publish for notice and
  23. 23  comment proposed regulations relating to housing,
  24. 24  pay and application procedures for Special Proce-
  25. 25  dure Industries.

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‘‘(j) MISCELLANEOUS PROVISIONS.—
‘‘(1) DISQUALIFICATION OF NONIMMIGRANT AG-

RICULTURAL WORKERS FROM FINANCIAL ASSIST- ANCE.—An alien admitted as a nonimmigrant agri- cultural worker is not eligible for any program of fi- nancial assistance under Federal law (whether through grant, loan, guarantee, or otherwise) on the basis of financial need, as such programs are identi- fied by the Secretary in consultation with other agencies of the United States.

‘‘(2) MONITORING REQUIREMENT.—
‘‘(A) IN GENERAL.—The Secretary shall

monitor the movement of nonimmigrant agricul- tural workers through—

‘‘(i) the Employment Verification Sys- tem described in section 274A(b); and

‘‘(ii) the electronic monitoring system established pursuant to subparagraph (B). ‘‘(B) ELECTRONIC MONITORING SYSTEM.—

The Secretary of Homeland Security, through the Director of U.S. Citizenship and Immigra- tion Services, shall establish an electronic moni- toring system, which shall—

‘‘(i) be modeled on the Student and Exchange Visitor Information System

EAS13500 S.L.C. 252

  1. 1  (SEVIS) and the SEVIS II tracking sys-
  2. 2  tem administered by U.S. Immigration and
  3. 3  Customs Enforcement;
  4. 4  ‘‘(ii) monitor the presence and em-
  5. 5  ployment of nonimmigrant agricultural
  6. 6  workers; and
  7. 7  ‘‘(iii) assist in ensuring the compli-
  8. 8  ance of designated agricultural employers
  9. 9  and nonimmigrant agricultural workers
  10. 10  with the requirements of the Program.’’.
  11. 11  (b) RULEMAKING.—The Secretary of Agriculture
  12. 12  shall issue regulations to cary out section 218A of the Im-
  13. 13  migration and Nationality Act, as added by subsection (a),
  14. 14  not later than 1 year after the date of the enactment of
  15. 15  this Act.
  16. 16  (c) CLERICAL AMENDMENT.—The table of contents
  17. 17  in the first section of the Immigration and Nationality Act
  18. 18  (8 U.S.C. 1101 et seq.) is amended by inserting after the
  19. 19  item relation to section 219 the following: ‘‘Sec. 218A. Nonimmigrant agricultural worker program.’’.
  20. 20  (d) EFFECTIVE DATE.—The amendments made by
  21. 21  this section shall take effect on October 1, 2014.
  22. 22  SEC. 2233. TRANSITION OF H-2A WORKER PROGRAM.
  23. 23  (a) SUNSET OF PROGRAM.—An employer may not pe-
  24. 24  tition to employ an alien present in the United States pur-
  25. 25  suant to section 101(a)(15)(H)(ii)(a) of the Immigration

EAS13500 S.L.C. 253

  1. 1  and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a))
  2. 2  after the date that is 1 year after the effective date of
  3. 3  the regulations issued pursuant to section 2241(b).
  4. 4  (b) CONFORMING AMENDMENTS.—
  5. 5  (1) REPEAL OF H-2A NONIMMIGRANT CAT-
  6. 6  EGORY.—Section 101(a)(15)(H)(ii) of the Immigra-
  7. 7  tion and Nationality Act (8 U.S.C.
  8. 8  1101(a)(15)(H)(ii)) is amended by striking sub-
  9. 9  clause (a).
  10. 10  (2) REPEAL OF ADMISSION REQUIREMENTS FOR
  11. 11  H-2A WORKER.—Section 218 of the Immigration and
  12. 12  Nationality Act (8 U.S.C. 1188) is repealed.
  13. 13  (3) CONFORMING AMENDMENTS.—
  14. 14  (A) AMENDMENT OF PETITION REQUIRE-
  15. 15  MENTS.—Section 214(c)(1) of the Immigration
  16. 16  and Nationality Act (8 U.S.C. 1184(g)(9)) is
  17. 17  amended by striking ‘‘For purposes of this sub-
  18. 18  section’’ and all that follows.
  19. 19  (4) EFFECTIVE DATE.—The amendments made
  20. 20  by this subsection shall take effect on the date that
  21. 21  is 1 year after the effective date of the regulations
  22. 22  issued pursuant to section 2241(b).

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SEC. 2234. REPORTS TO CONGRESS ON NONIMMIGRANT AG- RICULTURAL WORKERS.

(a) ANNUAL REPORT BY SECRETARY OF AGRI- CULTURE.—Not later than September 30 of each year, the Secretary of Agriculture shall submit a report to Congress that identifies, for the previous year, the number, disaggregated by State and by occupation, of—

(1) job opportunities approved for employment of aliens admitted pursuant to clause (iii) or clause (iv) of section 101(a)(15)(W) of the Immigration and Nationality Act, as added by section 2232; and

(2) aliens actually admitted pursuant to each such clause.

(b) ANNUAL REPORT BY SECRETARY OF HOMELAND SECURITY.—Not later than September 30 of each year, the Secretary shall submit a report to Congress that iden- tifies, for the previous year, the number of aliens described in subsection (a)(2) who—

(1) violated the terms of the nonimmigrant ag- ricultural worker program established under section 218A(b) of the Immigration and Nationality Act, as added by section 2232; and

(2) have not departed from the United States.

EAS13500 S.L.C. 255

  1. 1  CHAPTER 3—OTHER PROVISIONS
  2. 2  SEC. 2241. RULEMAKING.
  3. 3  (a) CONSULTATION REQUIREMENT.—In the course of
  4. 4  promulgating any regulation necessary to implement this
  5. 5  subtitle, or the amendments made by this subtitle, the Sec-
  6. 6  retary, the Secretary of Agriculture, the Secretary of
  7. 7  Labor, and the Secretary of State shall regularly consult
  8. 8  with each other.
  9. 9  (b) DEADLINE FOR ISSUANCE OF REGULATIONS.—
  10. 10  Except as provided in section 2232(b), all regulations to
  11. 11  implement this subtitle and the amendments made by this
  12. 12  subtitle shall be issued not later than 6 months after the
  13. 13  date of the enactment of this Act.
  14. 14  SEC. 2242. REPORTS TO CONGRESS.
  15. 15  Not later than 180 days after the date of the enact-
  16. 16  ment of this Act, the Secretary and the Secretary of Agri-
  17. 17  culture shall jointly submit a report to Congress that de-
  18. 18  scribes the measures being taken and the progress made
  19. 19  in implementing this subtitle and the amendments made
  20. 20  by this subtitle.
  21. 21  SEC. 2243. EFFECTIVE DATE.
  22. 22  This subtitle and the amendments made by this sub-
  23. 23  title, except for sections 2221, 2242, and 2243, shall take
  24. 24  effect on the date on which the regulations required under
  25. 25  section 2241(e) are issued, regardless of whether such reg-

EAS13500 S.L.C. 256

  1. 1  ulations are issued on an interim basis or on any other
  2. 2  basis.
  3. 3  Subtitle C—Future Immigration
  4. 4  SEC. 2301. MERIT-BASED POINTS TRACK ONE.
  5. 5  (a) IN GENERAL.—
  6. 6  (1) WORLDWIDE LEVEL OF MERIT-BASED IMMI-
  7. 7  GRANTS.—Section 201(e) (8 U.S.C. 1151(e)) is
  8. 8  amended to read as follows:
  9. 9  ‘‘(e) WORLDWIDE LEVEL OF MERIT-BASED IMMI-
  10. 10  GRANTS.—
  11. 11  ‘‘(1) IN GENERAL.—
  12. 12  ‘‘(A) NUMERICAL LIMITATION.—Subject to
  13. 13  paragraphs (2), (3), and (4), the worldwide
  14. 14  level of merit-based immigrants is equal to
  15. 15  120,000 for each fiscal year.
  16. 16  ‘‘(B) STATUS.—An alien admitted on the
  17. 17  basis of a merit-based immigrant visa under
  18. 18  this section shall have the status of an alien
  19. 19  lawfully admitted for permanent residence.
  20. 20  ‘‘(2) ANNUAL INCREASE.—
  21. 21  ‘‘(A) IN GENERAL.—Subject to subpara-
  22. 22  graph (B) and paragraph (3), if in any fiscal
  23. 23  year the worldwide level of visas available for
  24. 24  merit-based immigrants under this section—

EAS13500 S.L.C. 257

  1. 1  ‘‘(i) is less than 75 percent of the
  2. 2  number of applicants for such fiscal year,
  3. 3  the worldwide level shall increase by 5 per-
  4. 4  cent for the next fiscal year; and
  5. 5  ‘‘(ii) is equal to or more than 75 per-
  6. 6  cent of such number, the worldwide level
  7. 7  for the next fiscal year shall be the same
  8. 8  as the worldwide level for such fiscal year,
  9. 9  minus any amount added to the worldwide
  10. 10  level for such fiscal year under paragraph
  11. 11  (4).
  12. 12  ‘‘(B) LIMITATION ON INCREASE.—The
  13. 13  worldwide level of visas available for merit-
  14. 14  based immigrants shall not exceed 250,000.
  15. 15  ‘‘(3) EMPLOYMENT CONSIDERATION.—The
  16. 16  worldwide level of visas available for merit-based im-
  17. 17  migrants may not be increased for a fiscal year
  18. 18  under paragraph (2) if the annual average unem-
  19. 19  ployment rate for the civilian labor force 18 years or
  20. 20  over in the United States, as determined by the Bu-
  21. 21  reau of Labor Statistics, for such previous fiscal
  22. 22  year is more than 81⁄2 percent.
  23. 23  ‘‘(4) RECAPTURE OF UNUSED VISAS.—The
  24. 24  worldwide level of merit-based immigrants described
  25. 25  in paragraph (1) for a fiscal year shall be increased

EAS13500 S.L.C. 258

  1. 1  by the difference (if any) between the worldwide
  2. 2  level established under paragraph (1) for the pre-
  3. 3  vious fiscal year and the number of visas actually
  4. 4  issued under this subsection during that fiscal year.
  5. 5  Such visas shall be allocated for the following year
  6. 6  pursuant to section 203(c)(3).’’.
  7. 7  (2) MERIT-BASED IMMIGRANTS.—Section 203
  8. 8  (8 U.S.C. 1153), as amended by section 213, is fur-
  9. 9  ther amended by inserting after subsection (b) the
  10. 10  following:
  11. 11  ‘‘(c) MERIT-BASED IMMIGRANTS.—
  12. 12  ‘‘(1) FISCAL YEARS 1 THROUGH 4.—For the
  13. 13  first 4 fiscal years beginning after the date of enact-
  14. 14  ment of the Border Security, Economic Opportunity,
  15. 15  and Immigration Modernization Act, the worldwide
  16. 16  level of merit-based immigrant visas made available
  17. 17  under section 201(e)(1) shall be available for aliens
  18. 18  described in section 203(b)(3) and in addition to any
  19. 19  visas available for such aliens under such section.
  20. 20  ‘‘(2) SUBSEQUENT FISCAL YEARS.—Beginning
  21. 21  with the fifth fiscal year beginning after the date of
  22. 22  the enactment of the Border Security, Economic Op-
  23. 23  portunity, and Immigration Modernization Act,
  24. 24  aliens subject to the worldwide level specified in sec-

EAS13500 S.L.C. 259

  1. 1  tion 201(e) for merit-based immigrants shall be allo-
  2. 2  cated as follows:
  3. 3  ‘‘(A) 50 percent shall be available to appli-
  4. 4  cants with the highest number of points allo-
  5. 5  cated under tier 1 in paragraph (4).
  6. 6  ‘‘(B) 50 percent shall be available to appli-
  7. 7  cants with the highest number of points allo-
  8. 8  cated under tier 2 in paragraph (5).
  9. 9  ‘‘(3) UNUSED VISAS.—If the total number of
  10. 10  visas allocated to tier 1 or tier 2 for a fiscal year
  11. 11  are not granted during that fiscal year, such number
  12. 12  may be added to the number of visas available sec-
  13. 13  tion 201(e)(1) for the following fiscal year and allo-
  14. 14  cated as follows:
  15. 15  ‘‘(A) If the unused visas were allocated for
  16. 16  tier 1 in a fiscal year, 2⁄3 of such visas shall be
  17. 17  available for aliens allocated visas under tier 1
  18. 18  in the following fiscal year and 1⁄3 of such visas
  19. 19  shall be available for aliens allocated visas
  20. 20  under either tier 1 or tier 2 in the following fis-
  21. 21  cal year.
  22. 22  ‘‘(B) If the unused visas were allocated for
  23. 23  tier 2 in a fiscal year, 2⁄3 of such visas shall be
  24. 24  available for aliens allocated visas under tier 2
  25. 25  in the following fiscal year and 1⁄3 of such visas

EAS13500 S.L.C. 260

  1. 1  shall be available for aliens allocated visas
  2. 2  under either tier 1 or tier 2 in the following fis-
  3. 3  cal year.
  4. 4  ‘‘(4) TIER 1.—The Secretary shall allocate
  5. 5  points to each alien seeking to be a tier 1 merit-
  6. 6  based immigrant as follows:
  7. 7  ‘‘(A) EDUCATION.—
  8. 8  ‘‘(i) IN GENERAL.—An alien may re-
  9. 9  ceived points under only one of the fol-
  10. 10  lowing categories:
  11. 11  ‘‘(I) An alien who has received a
  12. 12  doctorate degree shall be allocated 15
  13. 13  points.
  14. 14  ‘‘(II) An alien who has received a
  15. 15  master’s degree shall be allocated 10
  16. 16  points.
  17. 17  ‘‘(ii) An alien who has received a
  18. 18  bachelor’s degree from an institution of
  19. 19  higher education (as defined in section
  20. 20  101(a) of the Higher Education Act of
  21. 21  1965 (20 U.S.C. 1001(a)) shall be allo-
  22. 22  cated 5 points.
  23. 23  ‘‘(B) EMPLOYMENT EXPERIENCE.—An
  24. 24  alien shall be allocated not more than 20 points
  25. 25  as follows:

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‘‘(i) 3 points for each year the alien has been lawfully employed in a zone 5 oc- cupation in the United States.

‘‘(ii) 2 points for each year the alien has been lawfully employed in a zone 4 oc- cupation in the United States.
‘‘(C) EMPLOYMENT RELATED TO EDU-

CATION.—An alien who in the United States and is employed full-time or has an offer of full- time employment in a field related to the alien’s education—

‘‘(i) in a zone 5 occupation shall be al- located 10 points; or

‘‘(ii) in a zone 4 occupation shall be allocated 8 points.

‘‘(D) ENTREPRENEURSHIP.—An alien who is an entrepreneur in business that employs at least 2 employee in a zone 4 occupation or a zone 5 occupation shall be allocated 10 points.

‘‘(E) HIGH DEMAND OCCUPATION.—An alien who is employed full-time in the United States or has an offer of full-time employment in a high demand occupation high demand tier 1 occupation shall be allocated 10 points.

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‘‘(F) CIVIC INVOLVEMENT.—An alien who has attested that he or she has engaged in a significant amount of community service, as de- termined by the Secretary, shall be allocated 2 points.

‘‘(G) ENGLISH LANGUAGE.—An alien who received a score of 80 or more on the Test of English as a Foreign Language, or an equiva- lent score on a similar test, as determined by the Secretary, shall be allocated points 10 points.

‘‘(H) SIBLINGS AND MARRIED SONS AND DAUGHTERS OF CITIZENS.—An alien who is the sibling of a citizen of the United States or who is more than 31 years of age and is the married son or married daughter of a citizen of the United States shall be allocated 10 points.

‘‘(I) AGE.—An alien who is—
‘‘(i) between 18 and 24 years of age

shall be allocated 8 points;
‘‘(ii) between 25 and 32 years of age

shall be allocated 6 points; or
‘‘(iii) between 33 and 37 years of age

shall be allocated 4 points.

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‘‘(J) COUNTRY OF ORIGIN.—An alien who is a national of a country of which fewer than 50,000 nationals were lawfully admitted to per- manent residence in the United States in the previous 5 years shall be allocated 5 points. ‘‘(5) TIER 2.—The Secretary shall allocate

points to each alien seeking to be a tier 2 merit- based immigrant as follows:

‘‘(A) EMPLOYMENT EXPERIENCE.—An alien shall be allocated 2 points for each year the alien has been lawfully employed in the United States, for a total of not more than 20 points.

‘‘(B) SPECIAL EMPLOYMENT CRITERIA.— An alien who is employed full-time in the United States, or has an offer of full-time em- ployment—

‘‘(i) in a high demand tier 2 occupa- tion shall be allocated 10 points; or

‘‘(ii) in a zone 1 occupation or zone 2 occupation shall be allocated 10 points. ‘‘(C) CAREGIVER.—An alien who is or has

been a primary caregiver shall be allocated 10 points.

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‘‘(D) EXCEPTIONAL EMPLOYMENT RECORD.—An alien who has a record of excep- tional employment, as determined by the Sec- retary, shall be allocated 10 points. In deter- mining a record of exceptional employment, the Secretary shall consider factors including pro- motions, longevity, changes in occupations from a lower job zone to a higher job zone , good safety record, and an increases in pay.

‘‘(E) CIVIC INVOLVEMENT.—An alien who has demonstrated significant shall civic involve- ment shall be allocated 2 points.

‘‘(F) ENGLISH LANGUAGE.—An alien who received a score on the Test of English as a Foreign Language, or an equivalent score on a similar test, as determined by the Secretary of Homeland Security of—

‘‘(i) 75 or more shall be allocated points 10 points; or

‘‘(ii) more than 54 and less than 75 shall be allocated 5 points.
‘‘(G) SIBLINGS AND MARRIED SONS AND

DAUGHTERS OF CITIZENS.—An alien who is the sibling of a citizen of the United States or is over the age of 31 and is the married son or

EAS13500 S.L.C. 265

  1. 1  married daughter of a citizen of the United
  2. 2  States shall be allocated 10 points.

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  1. 11  is a
  2. 12  50,000 nationals were lawfully admitted to per-
  3. 13  manent residence in the United States in the
  4. 14  previous 5 years shall be allocated 5 points.
  5. 15  ‘‘(6) FEE.—An alien who is allocated a visa
  6. 16  under this section shall pay a fee of $500.
  7. 17  ‘‘(7) ELIGIBILITY OF ALIENS IN REGISTERED
  8. 18  PROVISIONAL IMMIGRANT STATUS.—An alien who
  9. 19  was granted registered provisional immigrant status
  10. 20  may be granted a merit-based immigrant visa under
  11. 21  section 201(e) and may begin accruing points under
  12. 22  subsections (b), (d), and (e) no earlier than the date
  13. 23  that is 10 years after the date of the enactment of
  14. 24  the Border Security, Economic Opportunity, and
  15. 25  Immigration Modernization Act.

‘‘(H) AGE.—An alien who is—
‘‘(i) between 18 and 24 years of age

shall be allocated 8 points;
‘‘(ii) between 25 and 32 years of age

shall be allocated 6 points; or
‘‘(iii) between 33 and 37 years of age

shall be allocated 4 points.
‘‘(I) COUNTRY OF ORIGIN.—An alien who national of a country of which fewer than

EAS13500 S.L.C. 266

  1. 1  ‘‘(8) INELIGIBILITY OF ALIENS WITH PENDING
  2. 2  OR APPROVED PETITIONS.—An alien who has a peti-
  3. 3  tion pending or approved in another immigrant cat-
  4. 4  egory under this section or section 201 may not
  5. 5  apply for a merit-based immigrant visa.
  6. 6  ‘‘(9) DEFINITIONS.—In this subsection:
  7. 7  ‘‘(A) HIGH DEMAND TIER 1 OCCUPA-
  8. 8  TION.—The term ‘high demand tier 1 occupa-
  9. 9  tion’ means 1 of the 5 occupations for which
  10. 10  the highest number of nonimmigrants described
  11. 11  in section 101(a)(15)(H)(i) were sought to be
  12. 12  admitted by employers during the previous fis-
  13. 13  cal year.
  14. 14  ‘‘(B) HIGH DEMAND TIER 2 OCCUPA-
  15. 15  TION.—The term ‘high demand tier 2 occupa-
  16. 16  tion’ means 1 of the 5 occupations for which
  17. 17  the highest number of positions were sought to
  18. 18  become registered positions by employers under
  19. 19  section 220(e) during the previous fiscal year.
  20. 20  ‘‘(C) SECRETARY.—The term ‘Secretary’
  21. 21  means the Secretary of Homeland Security.
  22. 22  ‘‘(D) ZONE 1 OCCUPATION.—The term
  23. 23  ‘zone 1 occupation’ means an occupation that
  24. 24  requires little or no preparation and is classified
  25. 25  as a zone 1 occupation on—

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‘‘(i) the Occupational Information Network Database (O*NET) on the date of the enactment of this Act; or

‘‘(ii) such Database or a similar suc- cessor database, as designated by the Sec- retary of Labor, after the date of the en- actment of this Act.
‘‘(E) ZONE 2 OCCUPATION.—The term

‘zone 2 occupation’ means an occupation that requires some preparation and is classified as a zone 2 occupation on—

‘‘(i) the Occupational Information Network Database (O*NET) on the date of the enactment of this Act; or

‘‘(ii) such Database or a similar suc- cessor database, as designated by the Sec- retary of Labor, after the date of the en- actment of this Act.
‘‘(F) ZONE 3 OCCUPATION.—The term

‘zone 3 occupation’ means an occupation that requires medium preparation and is classified as a zone 3 occupation on—

‘‘(i) the Occupational Information Network Database (O*NET) on the date of the enactment of this Act; or

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‘‘(ii) such Database or a similar suc- cessor database, as designated by the Sec- retary of Labor, after the date of the en- actment of this Act.
‘‘(G) ZONE 4 OCCUPATION.—The term

‘zone 3 occupation’ means an occupation that requires considerable preparation and is classi- fied as a zone 4 occupation on—

‘‘(i) the Occupational Information Network Database (O*NET) on the date of the enactment of this Act; or

‘‘(ii) such Database or a similar suc- cessor database, as designated by the Sec- retary of Labor, after the date of the en- actment of this Act.
‘‘(H) ZONE 5 OCCUPATION.—The term

‘zone 5 occupation’ means an occupation that requires extensive preparation and is classified as a zone 5 occupation on—

‘‘(i) the Occupational Information Network Database (O*NET) on the date of the enactment of this Act; or

‘‘(ii) such Database or a similar suc- cessor database, as designated by the Sec-

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retary of Labor, after the date of the en-

actment of this Act.’’.
(b) MODIFICATION OF POINTS.—The Secretary may

submit to Congress a proposal to modify the number of points allocated under subsection (c) of section 203 of the Immigration and Nationality Act (8 U.S.C. 1153), as amended by subsection (a).

(c) CONFORMING AMENDMENT.—Section 203(d) of the Immigration and Nationality Act (8 U.S.C. 1153(d)), as amended by section 213(a)(2)(B) of this Act, is further amended by striking ‘‘(a) or (b)’’ and inserting ‘‘(a), (b), or (c)’’.

(d) 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. 2302. MERIT-BASED TRACK TWO.

(a) IN GENERAL.—In addition to any immigrant visa made available under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as amended by this Act, the Sec- retary of State shall allocate merit-based immigrant visas as described in this section.

(b) STATUS.—An alien admitted on the basis of a merit-based immigrant visa under this section shall have the status of an alien lawfully admitted for permanent res-

EAS13500 S.L.C. 270

  1. 1  idence (as that term is defined in section 101(a)(20) of
  2. 2  the Immigration and Nationality Act (8 U.S.C.
  3. 3  1101(a)(20)).
  4. 4  (c) ELIGIBILITY.—Beginning on October 1, 2014, the
  5. 5  following aliens shall be eligible for merit-based immigrant
  6. 6  visas under this section:
  7. 7  (1) EMPLOYMENT-BASED IMMIGRANTS.—An
  8. 8  alien who is the beneficiary of a petition filed before
  9. 9  the date of the enactment of this Act to accord sta-
  10. 10  tus under section 203(b) of the Immigration and
  11. 11  Nationality Act, if the visa has not been issued with-
  12. 12  in 5 years after the date on which such petition was
  13. 13  filed.
  14. 14  (2) FAMILY-BASED IMMIGRANTS.—Subject to
  15. 15  subsection (d), an alien who is the beneficiary of a
  16. 16  petition filed to accord status under section 203(a)
  17. 17  of the Immigration and Nationality Act—
  18. 18  (A) prior to the date of the enactment of
  19. 19  this Act, if the visa was not issued within 5
  20. 20  years after the date on which such petition was
  21. 21  filed; or
  22. 22  (B) after such date of enactment, to ac-
  23. 23  cord status under paragraph (3) or (4) of sec-
  24. 24  tion 203(a) of the Immigration and Nationality
  25. 25  Act (8 U.S.C. 1153 (a)), as in effect the day

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before the effective date specified in section 217(a)(3 )of this Act, and the visa was not issued within 5 years after the date on which petition was filed.

(3) LONG-TERM ALIEN WORKERS AND OTHER MERIT-BASED IMMIGRANTS.—An alien who—

(A) is not admitted pursuant to subpara- graph (W) of section 101(a)(15) of the Immi- gration and Nationality Act (8 U.S.C. 1101(a)(15)); and

(B) has been lawfully present in the United States for not less than 10 years; and (d) ALLOCATION OF EMPLOYMENT-SPONSORED MERIT-BASED IMMIGRANT VISAS.—In each of the fiscal years 2015 through and including 2021, the Secretary of State shall allocate to aliens described in subsection (c)(1) a number of merit-based immigrant visas equal to 1⁄7 of the number of aliens described in subsection (c)(1) whose visas had not been issued as of the date of the enactment

of this Act.
(e) ALLOCATION OF FAMILY-SPONSORED MERIT-

BASED IMMIGRANT VISAS.—The visas authorized by sub- section (c)(2) shall be allocated as follows:

(1) SPOUSES AND CHILDREN OF PERMANENT RESIDENTS.—Petitions to accord status under sec-

EAS13500 S.L.C. 272

  1. 1  tion 203(a)(2)(A) of the Immigration and Nation-
  2. 2  ality Act (8 U.S.C. 1153(a)(2)(A)) of the Immigra-
  3. 3  tion and Nationality Act, as in effect the day before
  4. 4  the effective date specified in section 217(a)(3) of
  5. 5  this Act, are automatically converted to petitions to
  6. 6  accord status to the same beneficiaries as immediate
  7. 7  relatives under section 201(b)(2)(A) of the Immigra-
  8. 8  tion and Nationality Act (8 U.S.C. 1151(b)(2)(A)).
  9. 9  (2) OTHER FAMILY MEMBERS.—In each of the
  10. 10  fiscal years 2015 through and including 2021, the
  11. 11  Secretary of State shall allocate to the aliens de-
  12. 12  scribed in subsection (c)(2)(A), other than those
  13. 13  aliens described in paragraph (1), a number of tran-
  14. 14  sitional merit-based immigrant visas equal to 1⁄7 of
  15. 15  the difference between—
  16. 16  (A) the number of aliens described in sub-
  17. 17  section (c)(2)(A) whose visas had not been
  18. 18  issued as of the date of the enactment of this
  19. 19  Act; and
  20. 20  (B) the number of aliens described in
  21. 21  paragraph (1).
  22. 22  (3) ORDER OF ISSUANCE FOR PREVIOUSLY
  23. 23  FILED APPLICATIONS.—Subject to paragraphs (1)
  24. 24  and (2), the visas authorized by subsection (c)(2)(A)
  25. 25  shall be issued in the order in which the petitions to

EAS13500 S.L.C. 273

  1. 1  accord status under section 203(a) of the Immigra-
  2. 2  tion and Nationality Act were filed (8 U.S.C.
  3. 3  1153(a)).
  4. 4  (4) SUBSEQUENTLY FILED APPLICATIONS.—In
  5. 5  fiscal year 2022, the Secretary of State shall allocate
  6. 6  to the aliens described in subsection (c)(2)(B), the
  7. 7  number of merit-based immigrant visas equal to 1⁄2
  8. 8  of the number of aliens described in subsection
  9. 9  (c)(2)(B) whose visas had not been issued by Octo-
  10. 10  ber 1, 2021. In fiscal year 2023, the Secretary of
  11. 11  State shall allocate to the aliens described in sub-
  12. 12  section (c)(2)(B), the number of merit-based immi-
  13. 13  grant visas equal to the number of aliens described
  14. 14  in subsection (c)(2)(B) whose visas had not been
  15. 15  issued by October 1, 2022.
  16. 16  (5) ORDER OF ISSUANCE FOR SUBSEQUENTLY
  17. 17  FILED APPLICATIONS.—Subject to paragraph (4),
  18. 18  the visas authorized by subsection (c)(2)(B) shall be
  19. 19  issued in the order in which the petitions to accord
  20. 20  status under section 203(a) of the Immigration and
  21. 21  Nationality Act were filed, as in effect the day be-
  22. 22  fore the effective date specified in section 217(a)(3)
  23. 23  of this Act.
  24. 24  (f) ELIGIBILITY IN YEARS AFTER 2028.—Beginning
  25. 25  in fiscal year 2029, aliens eligible for adjustment of status

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under paragraph (c)(3) of this section must be lawfully present in an employment authorized status for 20 years prior to filing an application for adjustment of status.

(g) REGISTERED PROVISIONAL IMMIGRANTS.—An alien granted registered provisional status under section 201 of this Act is not eligible to receive a merit-based im- migrant visa under section 201(e) of the Immigration and Nationality Act, as amended by section 2301, until 10 years after the date of the enactment of this Act.
SEC. 2303. REPEAL OF THE DIVERSITY VISA PROGRAM.

(a) IN GENERAL.—Title II (8 U.S.C. 1151 et seq.) is amended—

(1) in section 201 (8 U.S.C. 1151)— (A) in subsection (a)—

(i) in paragraph (1), by adding ‘‘and’’ at the end;

(ii) in paragraph (2), by striking ‘‘; and’’ at the end and inserting a period; and

(iii) by striking paragraph (3); and (B) by striking subsection (e);

(2) in section 203 (8 U.S.C. 1153)—
(A) by striking subsection (c);
(B) in subsection (d), by striking ‘‘(a), (b),

or (c)’’ and inserting ‘‘(a) or (b)

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(C) in subsection (e)—
(i) by striking paragraph (2); and
(ii) by redesignating paragraph (3) as

paragraph (2);

(D) in subsection (f), by striking ‘‘(a), (b), or (c) of this section’’ and inserting ‘‘(a) or (b)’’; and

(E) in subsection (g), by striking ‘‘(a), (b), and (c)’’ and inserting ‘‘(a) and (b)’’; and
(3) in section 204 (8 U.S.C. 1154)—

(A) in subsection (a)(1), by striking sub- paragraph (I); and

(B) in subsection (e), by striking ‘‘(a), (b), or (c)’’ and inserting ‘‘(a) or (b)’’.

(b) EFFECTIVE DATE AND APPLICATION.—
(1) EFFECTIVE DATE.—The amendments made by this section shall take effect on October 1, 2014. (2) APPLICATION.—An alien who receives a no- tification from the Secretary that the alien was se- lected to receive a diversity immigrant visa under section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)) for fiscal year 2013 or fiscal year 2014 shall remain eligible to receive such visa under the rules of such section, as in effect on Sep- tember 30, 2014. No alien may be allocated such a

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diversity immigrant visa for a fiscal year after fiscal

year 2015.

SEC. 2304. WORLD-WIDE LEVELS AND RECAPTURE OF UN- USED IMMIGRANT VISAS.

(a) EMPLOYMENT-BASED IMMIGRANTS.—Section 201(d) (8 U.S.C. 1151(d)) is amended to read as follows: ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

IMMIGRANTS.—
‘‘(1) IN GENERAL.—

‘‘(A) WORLDWIDE LEVEL.—For a fiscal year after fiscal year 2015, the worldwide level of employment-based immigrants under this subsection is equal to the sum of—

‘‘(i) 140,000; and

‘‘(ii) the number computed under paragraph (2).

‘‘(B) FISCAL YEAR 2015.—For fiscal year 2015, the worldwide level of employment-based immigrants under this subsection is equal to the sum of—

‘‘(i) 140,000;

‘‘(ii) the number computed under paragraph (2); and

‘‘(iii) the number computed under paragraph (3).

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‘‘(2) PREVIOUS FISCAL YEAR.—The number computed under this paragraph for a fiscal year is the difference, if any, between the maximum number of visas which may be issued under section 203(a)(relating to family-sponsored immigrants) during the previous fiscal year and the number of visas issued under that section during that year.

‘‘(3) UNUSED VISAS.—The number computed under this paragraph is the difference, if any, be- tween—

‘‘(A) the sum of the worldwide levels estab- lished under paragraph (1) for fiscal years 1992 through and including 2013; and

‘‘(B) the number of visas actually issued under section 203(b) during such fiscal years.’’. (b) FAMILY-SPONSORED IMMIGRANTS.—Section 201(c) (8 U.S.C. 1151(c)) is amended to read as follows: ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM-

MIGRANTS.—
‘‘(1) IN GENERAL.—

‘‘(A) WORLDWIDE LEVEL.—Subject to subparagraph (C), for each fiscal year after fis- cal year 2015, the worldwide level of family- sponsored immigrants under this subsection for a fiscal year is equal to the sum of—

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‘‘(i) 480,000 minus the number com- puted under paragraph (2); and

‘‘(ii) the number computed under paragraph (3).

‘‘(B) FISCAL YEAR 2015.—Subject to sub- paragraph (C), for fiscal year 2015, the world- wide level of family-based immigrants under this subsection for a fiscal year after fiscal year 2015 is equal to the sum of—

‘‘(i) 480,000 minus the number com- puted under paragraph (2);

‘‘(ii) the number computed under paragraph (3); and

‘‘(iii) the number computed under paragraph (4).

‘‘(C) LIMITATION.—The number computed under subparagraph (A)(i) or (B)(i) may not be less than 226,000. The number computed under subparagraph (A)(i) or (B)(i) may not be less than 226,000, except that beginning on the date that is 18 months after the date of the en- actment of the Border Security, Economic Op- portunity, and Immigration Modernization Act, the number computed under subparagraph (A)(i) or (B)(i) may not be less than 161,000.

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‘‘(2) IMMEDIATE RELATIVES.—The number computed under this paragraph for a fiscal year is the number of aliens described in subparagraph (A) or (B) of subsection (b)(2) who were issued immi- grant visas, or who otherwise acquired the status of an alien lawfully admitted to the United States for permanent residence, in the previous fiscal year.

‘‘(3) PREVIOUS FISCAL YEAR.—The number computed under this paragraph for a fiscal year is the difference, if any, between the maximum number of visas which may be issued under section 203(b) (relating to employment-based immigrants) during the previous fiscal year and the number of visas issued under that section during that year.

‘‘(4) UNUSED VISAS.—The number computed under this paragraph is the difference, if any, be- tween—

‘‘(A) the sum of the worldwide levels estab- lished under paragraph (1) for fiscal years 1992 through and including 2013; and

‘‘(B) the number of visas actually issued under section 203(a) during such fiscal years.’’. (c) EFFECTIVE DATE.—The amendments made by this Act shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.

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SEC. 2305. RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF LAWFUL PERMANENT RESI-

DENTS AS IMMEDIATE RELATIVES.

(a) IMMEDIATE RELATIVES.—Section 201(b)(2) (8 U.S.C. 1151(b)(2)) is amended to read as follows:

‘‘(2)(A) Aliens who are immediate relatives.

‘‘(B) In this paragraph, the term ‘immediate relative’ means—

‘‘(i) a child, spouse, or parent of a citizen of the United States, except that in the case of such a parent such citizen shall be at least 21 years of age;

‘‘(ii) a child or spouse of an alien lawfully admitted for permanent residence;

‘‘(iii) the child or spouse of an alien de- scribed in clause (i), who is accompanying or following to join the alien;

‘‘(iv) the child or spouse of an alien de- scribed in clause (ii), who is accompanying or following to join the alien;

‘‘(v) an alien admitted under section 211(a) on the basis of a prior issuance of a visa to the alien’s accompanying parent who is an immediate relative; and

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  1. 1  ‘‘(vi) an alien born to an alien lawfully ad-
  2. 2  mitted for permanent residence during a tem-
  3. 3  porary visit abroad.
  4. 4  ‘‘(C) If an alien who was the spouse or child of
  5. 5  a citizen of the United States or of an alien lawfully
  6. 6  admitted for permanent residence and was not le-
  7. 7  gally separated from the citizen or lawful permanent
  8. 8  resident at the time of the citizen’s or lawful perma-
  9. 9  nent resident’s death files a petition under section
  10. 10  204(a)(1)(A)(ii) not later than 2 years after the date
  11. 11  of the citizen’s or permanent resident’s death, the
  12. 12  alien spouse (and each child of the alien) shall re-
  13. 13  main, for purposes of this paragraph, an immediate
  14. 14  relative during the period beginning on the date of
  15. 15  the citizen’s or permanent resident’s death and end-
  16. 16  ing on the date on which the alien spouse remarries.
  17. 17  ‘‘(D) An alien who has filed a petition under
  18. 18  clause (iii) or (iv) of section 204(a)(1)(A) shall re-
  19. 19  main, for purposes of this paragraph, an immediate
  20. 20  relative if the United States citizen or lawful perma-
  21. 21  nent resident spouse or parent loses United States
  22. 22  citizenship on account of the abuse.’’.
  23. 23  (b) ALLOCATION OF IMMIGRANT VISAS.—Section
  24. 24  203(a) (8 U.S.C. 1153(a)) is amended—

EAS13500 S.L.C. 282

  1. 1  (1) in paragraph (1), by striking ‘‘23,400,’’ and
  2. 2  inserting ‘‘20 percent of the worldwide level of fam-
  3. 3  ily-sponsored immigrants under section 201(c)’’;
  4. 4  (2) by striking paragraph (2) and inserting the
  5. 5  following:
  6. 6  ‘‘(2) UNMARRIED SONS AND UNMARRIED
  7. 7  DAUGHTERS OF PERMANENT RESIDENT ALIENS.—
  8. 8  Qualified immigrants who are the unmarried sons or
  9. 9  unmarried daughters (but are not the children) of
  10. 10  an alien lawfully admitted for permanent residence
  11. 11  shall be allocated visas in a number not to exceed 20
  12. 12  percent of the worldwide level of family-sponsored
  13. 13  immigrants under section 201(c), plus any visas not
  14. 14  required for the class specified in paragraph (1).’’;
  15. 15  (3) in paragraph (3) —
  16. 16  (A) by striking ‘‘23,400,’’ and inserting
  17. 17  ‘‘20 percent of the worldwide level of family-
  18. 18  sponsored immigrants under section 201(c)’’;
  19. 19  and
  20. 20  (B) by striking ‘‘classes specified in para-
  21. 21  graphs (1) and (2).’’ and inserting ‘‘class speci-
  22. 22  fied in paragraph (2).’’; and
  23. 23  (4) in paragraph (4)—
  24. 24  (A) by striking ‘‘65,000,’’ and inserting
  25. 25  ‘‘40 percent of the worldwide level of family-

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  1. 1  sponsored immigrants under section 201(c)’’;
  2. 2  and
  3. 3  (B) by striking ‘‘classes specified in para-
  4. 4  graphs (1) through (3).’’ and inserting ‘‘class
  5. 5  specified in paragraph (3).’’.
  6. 6  (c) TERMINATION OF REGISTRATION.—Section
  7. 7  203(g) (8 U.S.C. 1153(g)) is amended to read as follows:
  8. 8  ‘‘(g) LISTS.—

9

  1. 10  out the orderly administration of this title, the Sec-
  2. 11  retary of State may make reasonable estimates of
  3. 12  the anticipated numbers of immigrant visas to be
  4. 13  issued during any quarter of any fiscal year within
  5. 14  each of the categories under subsections (a), (b),
  6. 15  and (c) and may rely upon such estimates in author-
  7. 16  izing the issuance of visas.
  8. 17  ‘‘(2) TERMINATION OF REGISTRATION.—
  9. 18  ‘‘(A) INFORMATION DISSEMINATION.—Not
  10. 19  later than 180 days after the date of the enact-
  11. 20  ment of the Border Security, Economic Oppor-
  12. 21  tunity, and Immigration Modernization Act, the
  13. 22  Secretary of Homeland Security and the Sec-
  14. 23  retary of State shall adopt a plan to broadly
  15. 24  disseminate information to the public regarding
  16. 25  termination of registration procedures described

‘‘(1) IN GENERAL.—For purposes of carrying

EAS13500 S.L.C. 284

  1. 1  in subparagraphs (B) and (C), including proce-
  2. 2  dures for notifying the Department of Home-
  3. 3  land Security and the Department of State of
  4. 4  any change of address on the part of a peti-
  5. 5  tioner or a beneficiary of an immigrant visa pe-
  6. 6  tition.
  7. 7  ‘‘(B) TERMINATION FOR FAILURE TO AD-
  8. 8  JUST.—The Secretary of Homeland Security
  9. 9  shall terminate the registration of any alien who
  10. 10  has evidenced an intention to acquire lawful
  11. 11  permanent residence under section 245 and who
  12. 12  fails to apply to adjust status within 1 year fol-
  13. 13  lowing notification to the alien of the avail-
  14. 14  ability of an immigrant visa.
  15. 15  ‘‘(C) TERMINATION FOR FAILURE TO
  16. 16  APPLY.—The Secretary of State shall terminate
  17. 17  the registration of any alien not described in
  18. 18  subparagraph (B) who fails to apply for an im-
  19. 19  migrant visa within 1 year following notification
  20. 20  to the alien of the availability of such visa.
  21. 21  ‘‘(3) REINSTATEMENT.—The registration of
  22. 22  any alien that was terminated under paragraph (2)
  23. 23  shall be reinstated if the alien establishes within 2
  24. 24  years following the date of notification of the avail-

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ability of such visa demonstrates that such failure to apply was due to good cause.’’.
(d) TECHNICAL AND CONFORMING AMENDMENTS.—

(1) DEFINITIONS.—Section 101(a)(15)(K)(ii) (8 U.S.C. 1101(a)(15)(K)(ii)) is amended by strik- ing ‘‘section 201(b)(2)(A)(i)’’ and inserting ‘‘section 201(b)(2) (other than clause (v) or (vi) of subpara- graph (A))’’.

(2) PER COUNTRY LEVEL.—Section 202(a)(1)(A) (8 U.S.C. 1152(a)(1)(A)) is amended by striking ‘‘section 201(b)(2)(A)(i)’’ and inserting ‘‘section 201(b)(2) (other than clause (v) or (vi) of subparagraph (A))’’.

(3) RULES FOR DETERMINING WHETHER CER- TAIN ALIENS ARE IMMEDIATE RELATIVES.—Section 201(f) (8 U.S.C. 1151(f)) is amended—

(A) in paragraph (1), by striking ‘‘para- graphs (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)’’.

EAS13500 S.L.C. 286

  1. 1  (4) NUMERICAL LIMITATION TO ANY SINGLE
  2. 2  FOREIGN STATE.—Section 202 (8 U.S.C. 1152) is
  3. 3  amended—
  4. 4  (A) in subsection (a)(4)—

5
6 (B); 7

  1. 8  (C)
  2. 9  (B),

(i) by striking subparagraphs (A) and

(ii) by redesignating subparagraphs and (D) as subparagraphs (A) and respectively; and
(iii) in subparagraph (A), as redesig-

10

  1. 11  nated by clause (ii), by striking ‘‘section
  2. 12  203(a)(2)(B)’’ and inserting ‘‘section
  3. 13  203(a)(2)’’; and
  4. 14  (B) in subsection (e), in the flush matter
  5. 15  following paragraph (3), by striking ‘‘, or as
  6. 16  limiting the number of visas that may be issued
  7. 17  under section 203(a)(2)(A) pursuant to sub-
  8. 18  section (a)(4)(A)’’.
  9. 19  (5) ALLOCATION OF IMMIGRANT VISAS.—Sec-
  10. 20  tion 203(h) (8 U.S.C. 1153(h)) is amended—
  11. 21  (A) in paragraph (1)—
  12. 22  (i) in the matter preceding subpara-
  13. 23  graph (A), by striking ‘‘subsections
  14. 24  (a)(2)(A) and (d)’’ and inserting ‘‘sub-
  15. 25  section (d)’’;

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  1. 1  (ii) in subparagraph (A), by striking
  2. 2  ‘‘becomes available for such alien (or, in
  3. 3  the case of subsection (d), the date on
  4. 4  which an immigrant visa number became
  5. 5  available for the alien’s parent),’’ and in-
  6. 6  serting ‘‘became available for the alien’s
  7. 7  parent,’’; and
  8. 8  (iii) in subparagraph (B), by striking
  9. 9  ‘‘applicable’’;
  10. 10  (B) by amending paragraph (2) to read as
  11. 11  follows:
  12. 12  ‘‘(2) PETITIONS DESCRIBED.—The petition de-
  13. 13  scribed in this paragraph is a petition filed under
  14. 14  section 204 for classification of the alien’s parent
  15. 15  under subsection (a), (b), or (c).’’; and
  16. 16  (C) by amending paragraph (3) to read as
  17. 17  follows:
  18. 18  ‘‘(3) RETENTION OF PRIORITY DATE.—
  19. 19  ‘‘(A) PETITIONS FILED FOR CHILDREN.—
  20. 20  For a petition originally filed to classify a child
  21. 21  under subsection (d), if the age of the alien is
  22. 22  determined under paragraph (1) to be 21 years
  23. 23  of age or older on the date that a visa number
  24. 24  becomes available to the alien’s parent who was
  25. 25  the principal beneficiary of the petition, then,

EAS13500 S.L.C. 288

  1. 1  upon the parent’s admission to lawful perma-
  2. 2  nent residence in the United States, the petition
  3. 3  shall automatically be converted to a petition
  4. 4  filed by the parent for classification of the alien
  5. 5  under subsection (a)(2) and the petition shall
  6. 6  retain the priority date established by the origi-
  7. 7  nal petition.
  8. 8  ‘‘(B) FAMILY AND EMPLOYMENT-BASED
  9. 9  PETITIONS.—The priority date for any family-
  10. 10  or employment-based petition shall be the date
  11. 11  of filing of the petition with the Secretary of
  12. 12  Homeland Security (or the Secretary of State,
  13. 13  if applicable), unless the filing of the petition
  14. 14  was preceded by the filing of a labor certifi-
  15. 15  cation with the Secretary of Labor, in which
  16. 16  case that date shall constitute the priority date.
  17. 17  The beneficiary of any petition shall retain his
  18. 18  or her earliest priority date based on any peti-
  19. 19  tion filed on his or her behalf that was approv-
  20. 20  able when filed, regardless of the category of
  21. 21  subsequent petitions.’’.
  1. 22  (6) PROCEDURE FOR GRANTING IMMIGRANT
  2. 23  STATUS.—Section 204 (8 U.S.C. 1154) is amend-
  3. 24  ed—

25

(A) in subsection (a)(1)—

EAS13500 S.L.C. 289

  1. 1  (i) in subparagraph (A)—
  2. 2  (I) in clause (i), by inserting ‘‘or
  3. 3  alien lawfully admitted for permanent
  4. 4  residence’’ after ‘‘citizen of the United
  5. 5  States’’;
  6. 6  (II) in clause (ii), by striking
  7. 7  ‘‘described in the second sentence of
  8. 8  section 201(b)(2)(A)(i) also’’ and in-
  9. 9  serting ‘‘or alien child described in
  10. 10  section 201(b)(2)(C)’’;
  11. 11  (III) in clause (iii)—
  12. 12  (aa) in subclause (I)(aa), by
  13. 13  striking ‘‘United States citizen’’
  14. 14  and inserting ‘‘citizen of the
  15. 15  United States or lawful perma-
  16. 16  nent resident’’; and
  17. 17  (bb) in subclause (II)(aa)—
  18. 18  (AA) in subitem (AA),
  19. 19  by striking the semicolon at
  20. 20  the end and inserting ‘‘or
  21. 21  lawful permanent resident;’’;
  22. 22  (BB) in subitem
  23. 23  (BB)—
  24. 24  (cc) by inserting ‘‘or
  25. 25  lawful permanent resident’’

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after ‘‘a citizen of the United States’’; and

(dd) by striking ‘‘States;’’ and inserting ‘‘States or lawful permanent resident;’’; and

(CC) by amending subitem (CC) to read as follows: ‘‘(CC) who was a bona fide spouse of a citizen of the United States or a lawful permanent resident

within the past 2 years and—
‘‘(aaa) whose spouse died within the past

2 years;
‘‘(bbb) whose spouse renounced citizenship

status or renounced or lost status as a lawful permanent resident within the past 2 years re- lated to an incident of domestic violence; or

‘‘(ccc) who demonstrates a connection be- tween the legal termination of the marriage within the past 2 years and battering or ex- treme cruelty by the spouse who is a citizen of the United States or a lawful permanent resi- dent spouse;’’;

(IV) in clause (iv), by inserting ‘‘or lawful permanent resident’’ after

EAS13500 S.L.C. 291

  1. 1  ‘‘citizen’’ each place that term ap-
  2. 2  pears;
  3. 3  (V) in clause (v)(I), by inserting
  4. 4  ‘‘or lawful permanent resident’’ after
  5. 5  ‘‘citizen’’; and
  6. 6  (VI) in clause (vi)—
  7. 7  (aa) by striking ‘‘citizen-
  8. 8  ship,’’ and inserting ‘‘citizenship
  9. 9  or lawful permanent resident sta-
  10. 10  tus,’’; and
  11. 11  (bb) by inserting ‘‘or lawful
  12. 12  permanent resident’’ after ‘‘abus-
  13. 13  er’s citizenship’’;
  14. 14  (ii) by striking subparagraph (B);
  15. 15  (iii) in subparagraph (C), by striking
  16. 16  ‘‘subparagraph (A)(iii), (A)(iv), (B)(ii), or
  17. 17  (B)(iii)’’ and inserting ‘‘clause (iii) or (iv)
  18. 18  of subparagraph (A)’’; and
  19. 19  (iv) in subparagraph (J), by striking
  20. 20  ‘‘or clause (ii) or (iii) of subparagraph
  21. 21  (B)’’;
  22. 22  (B) in subsection (a), by striking para-
  23. 23  graph (2);
  24. 24  (C) in subsection (c)(1), by striking ‘‘or
  25. 25  preference status’’; and

EAS13500 S.L.C. 292

  1. 1  (D) in subsection (h), by striking ‘‘or a pe-
  2. 2  tition filed under subsection (a)(1)(B)(ii)’’.
  3. 3  (7) EXCLUDABLE ALIENS.—Section
  4. 4  212(d)(12)(B) (8 U.S.C. 1182(d)(12)(B)) is amend-
  5. 5  ed by striking ‘‘section 201(b)(2)(A)’’ and inserting
  6. 6  ‘‘section 201(b)(2) (other than subparagraph
  7. 7  (A)(vi))’’.
  8. 8  (8) ADMISSION OF NONIMMIGRANTS.—Section
  9. 9  214(r)(3)(A) (8 U.S.C. 1184(r)(3)(A)) is amended
  10. 10  by striking ‘‘section 201(b)(2)(A)(i).’’ and inserting
  11. 11  ‘‘section 201(b)(2) (other than clause (v) or (vi) of
  12. 12  subparagraph (A)).’’.
  13. 13  (9) REFUGEE CRISIS IN IRAQ ACT OF 2007.—
  14. 14  Section 1243(a)(4) of the Refugee Crisis in Iraq Act
  15. 15  of 2007 (8 U.S.C. 1157 note) is amended by strik-
  16. 16  ing ‘‘section 201(b)(2)(A)(i)’’ and inserting ‘‘section
  17. 17  201(b)(2) (other than clause (v) or (vi) of subpara-
  18. 18  graph (A))’’.
  19. 19  (10) PROCESSING OF VISA APPLICATIONS.—
  20. 20  Section 233 of the Department of State Authoriza-
  21. 21  tion Act, Fiscal Year 2003 (8 U.S.C. 1201 note) is
  22. 22  amended by striking ‘‘section 201(b)(2)(A)(i)’’ and
  23. 23  inserting ‘‘section 201(b)(2) (other than clause (v)
  24. 24  or (vi) of subparagraph (A))’’.

EAS13500 S.L.C. 293

  1. 1  (11) ADJUSTMENT OF STATUS.—Section 245(a)
  2. 2  (8 U.S.C. 1255(a)) is amended to read as follows:
  3. 3  ‘‘(a)(1) The status of an alien who was inspected and
  4. 4  admitted or paroled into the United States or the status
  5. 5  of any other alien having an approved petition for classi-
  6. 6  fication as a VAWA self-petitioner may be adjusted by the
  7. 7  Attorney General or the Secretary of Homeland Security,
  8. 8  in the Attorney General’s or the Secretary’s discretion and
  9. 9  under such regulations as the Attorney General or Sec-
  10. 10  retary may prescribe, to that of an alien lawfully admitted
  11. 11  for permanent residence (regardless of whether the alien
  12. 12  has already been admitted for permanent residence) if—
  13. 13  ‘‘(A) the alien makes an application for such
  14. 14  adjustment;
  15. 15  ‘‘(B) the alien is eligible to receive an immi-
  16. 16  grant visa and is admissible to the United States for
  17. 17  permanent residence; and
  18. 18  ‘‘(C) subject to paragraph (2), an immigrant
  19. 19  visa is immediately available to the alien at the time
  20. 20  the alien’s application is filed.
  21. 21  ‘‘(2)(A) An application that is based on a petition ap-
  22. 22  proved or approvable under subparagraph (A) or (B) of
  23. 23  section 204(a)(1) may be filed without regard to the limi-
  24. 24  tation set forth in paragraph (1)(C).

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‘‘(B) An application for adjustment filed for an alien under this paragraph may not be approved until such time as an immigrant visa becomes available for the alien.’’.

(e) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the enactment of this Act.
SEC. 2306. NUMERICAL LIMITATIONS ON INDIVIDUAL FOR-

EIGN STATES.

(a) NUMERICAL LIMITATION TO ANY SINGLE FOR- EIGN STATE.—Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is amended—

(1) in the paragraph heading, by striking ‘‘AND EMPLOYMENT-BASED’’;

(2) by striking ‘‘(3), (4), and (5),’’ and insert- ing ‘‘(3) and (4),’’;

(3) by striking ‘‘subsections (a) and (b) of sec- tion 203’’ and inserting ‘‘section 203(a)’’;

(4) by striking ‘‘7’’ and inserting ‘‘15’’; and

(5) by striking ‘‘such subsections’’ and inserting ‘‘such section’’.

(b) CONFORMING AMENDMENTS.—Section 202 (8 U.S.C. 1152) is amended—

(1) in subsection (a)—

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(A) in paragraph (3), by striking ‘‘both subsections (a) and (b) of section 203’’ and in- serting ‘‘section 203(a)’’; and

(B) by striking paragraph (5); and
(2) by amending subsection (e) to read as fol-

lows:

‘‘(e) SPECIAL RULES FOR COUNTRIES AT CEILING.— If it is determined that the total number of immigrant visas made available under section 203(a) to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under section 203(a), visa numbers with respect to natives of that state or area shall be allo- cated (to the extent practicable and otherwise consistent with this section and section 203) in a manner 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 respec- tive 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—

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(1) in subsection (a), by striking ‘‘subsection (e))’’ and inserting ‘‘subsection (d))’’; and

(2) by striking subsection (d) and redesignating subsection (e) as subsection (d).
(d) EFFECTIVE DATE.—The amendments made by

this section shall take effect 1 year after the date of the enactment of this Act.
SEC. 2307. ALLOCATION OF IMMIGRANT VISAS.

(a) PREFERENCE ALLOCATION FOR FAMILY-BASED IMMIGRANTS.—

(1) IN GENERAL.—Section 203(a) (8 U.S.C. 1153(a)) is amended to read as follows:
‘‘(a) PREFERENCE ALLOCATION FOR FAMILY-BASED

IMMIGRANTS.—Aliens subject to the worldwide level speci- fied in section 201(c) for family-based immigrants shall be allotted visas as follows:

‘‘(1) SONS AND DAUGHTERS OF CITIZENS.— Qualified immigrants who are—

‘‘(A) the unmarried sons or unmarried daughters but not the children of citizens of the United States shall be allocated visas in a num- ber not to exceed 35 percent of the worldwide level authorized in section 201(c), plus the sum of—

EAS13500 S.L.C. 297

  1. 1  ‘‘(i) the number of visas not required
  2. 2  for the class specified in paragraph (2) for
  3. 3  the current fiscal year; and
  4. 4  ‘‘(ii) the number of visas not required
  5. 5  for the class specified in subparagraph (B);
  6. 6  or
  7. 7  ‘‘(B) the married sons or married daugh-
  8. 8  ters of citizens of the United States who are
  9. 9  under 31 years of age at the time of filing a pe-
  10. 10  tition under section 204 shall be allocated visas
  11. 11  in a number not to exceed 25 percent of the
  12. 12  worldwide level authorized in section 201(c),
  13. 13  plus the number of any visas not required for
  14. 14  the class specified in subparagraph (A) current
  15. 15  fiscal year.
  16. 16  ‘‘(2) SONS AND DAUGHTERS OF RESIDENTS.—
  17. 17  Qualified immigrants who are the unmarried sons or
  18. 18  unmarried daughters of aliens admitted for perma-
  19. 19  nent residence shall be allocated visas in a number
  20. 20  not to exceed 40 percent of the worldwide level au-
  21. 21  thorized in section 201(c), plus any visas not re-
  22. 22  quired for the class specified in paragraph (1)(A).’’.
  23. 23  (2) CONFORMING AMENDMENTS.—

EAS13500 S.L.C. 298

  1. 1  (A) PROCEDURE FOR GRANTING IMMI-
  2. 2  GRANT STATUS.—Section 204 (8 U.S.C. 1154)
  3. 3  is amended—
  4. 4  (i) in subsection (a)(1)(A)(i), by strik-
  5. 5  ing ‘‘(1), (3), or (4) of section 203(a)’’ and
  6. 6  inserting ‘‘subparagraph (A) or (B) of sec-
  7. 7  tion 203(a)(1)’’; and
  8. 8  (ii) in subsection (f)(1), by striking
  9. 9  ‘‘section 201(b), 203(a)(1), or 203(a)(3),’’
  10. 10  and inserting ‘‘section 201(b) or subpara-
  11. 11  graph (A) or (B) of section 203(a)(1)’’.
  12. 12  (B) AUTOMATIC CONVERSION.—For the
  13. 13  purposes of any petition pending or approved
  14. 14  based on a relationship described—
  15. 15  (i) in subparagraph (A) of section
  16. 16  203(a)(1) of the Immigration and Nation-
  17. 17  ality Act (8 U.S.C. 1153(a)(1)), as amend-
  18. 18  ed by paragraph (1), and notwithstanding
  19. 19  the age of the alien, such a petition shall
  20. 20  be deemed reclassified as a petition based
  21. 21  on a relationship described in subpara-
  22. 22  graph (B) of such section 203(a)(1) upon
  23. 23  the marriage of such alien; or
  24. 24  (ii) in subparagraph (B) of such sec-
  25. 25  tion 203(a)(1), such a petition shall be

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deemed reclassified as a petition based on a relationship described in subparagraph (A) of such section 203(a)(1) upon the legal termination of marriage or death of such alien’s spouse.

(3) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on the first day of the first fiscal year that begins at least 18 months following the date of the enactment of this Act.
(b) PREFERENCE ALLOCATION FOR EMPLOYMENT-

BASED IMMIGRANTS.—Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the end the fol- lowing:

‘‘(F) Derivative beneficiaries as described in section 203(d) of employment-based immi- grants under section 203(b).

‘‘(G) Aliens with extraordinary ability in the sciences, arts, education, business, or ath- letics which has been demonstrated by sus- tained national or international acclaim, if, with respect to any such alien—

‘‘(i) the achievements of such alien have been recognized in the field through extensive documentation;

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‘‘(ii) such alien seeks to enter the United States to continue work in the area of extraordinary ability; and

‘‘(iii) the entry of such alien into the United States will substantially benefit prospectively the United States.
‘‘(H) Aliens who are outstanding profes-

sors and researchers if, with respect to any such alien—

‘‘(i) the alien is recognized inter- nationally as outstanding in a specific aca- demic area;

‘‘(ii) the alien has at least 3 years of experience in teaching or research in the academic area; and

‘‘(iii) the alien seeks to enter the United States—

‘‘(I) to be employed in for a tenured position (or tenure-track posi- tion) within a not for profit university or institution of higher education to teach in the academic area;

‘‘(II) for employment in a com- parable position with a not for profit university or institution of higher edu-

EAS13500 S.L.C. 301

  1. 1  cation , or a governmental research
  2. 2  organization, to conduct research in
  3. 3  the area; or
  4. 4  ‘‘(III) for employment in a com-
  5. 5  parable position to conduct research
  6. 6  in the area with a department, divi-
  7. 7  sion, or institute of a private em-
  8. 8  ployer, if the department, division, or
  9. 9  institute employs at least 3 persons
  10. 10  full-time in research activities and has
  11. 11  achieved documented accomplishments
  12. 12  in an academic field.
  13. 13  ‘‘(I) Aliens who are multinational execu-
  14. 14  tives and managers if, with respect to any such
  15. 15  alien—
  16. 16  ‘‘(i) in the 3 years preceding the time
  17. 17  of the alien’s application for classification
  18. 18  and admission into the United States
  19. 19  under this subparagraph, the alien has
  20. 20  been employed for at least 1 year by a firm
  21. 21  or corporation or other legal entity or an
  22. 22  affiliate or subsidiary thereof; and
  23. 23  ‘‘(ii) the alien seeks to enter the
  24. 24  United States in order to continue to
  25. 25  render services to the same employer or to

EAS13500 S.L.C. 302

  1. 1  a subsidiary or affiliate thereof in a capac-
  2. 2  ity that is managerial or executive.
  3. 3  ‘‘(J) Aliens who have earned a doctorate
  4. 4  degree.
  5. 5  ‘‘(K) Alien physicians who have completed
  6. 6  the foreign residency requirements under sec-
  7. 7  tion 212(e) or obtained a waiver of these re-
  8. 8  quirements or an exemption requested by an in-
  9. 9  terested State agency or by an interested Fed-
  10. 10  eral agency under section 214(l), including
  11. 11  those alien physicians who completed such serv-
  12. 12  ice before the date of the enactment of the Bor-
  13. 13  der Security, Economic Opportunity, and Immi-
  14. 14  gration Modernization Act.’’.
  15. 15  (c) TECHNICAL AND CONFORMING AMENDMENTS.—
  16. 16  (1) PROCEDURE FOR GRANTING IMMIGRANT
  17. 17  STATUS.—Section 204(a)(1)(E) (8 U.S.C.
  18. 18  1154(a)(1)(E)) is amended by striking ‘‘under sec-
  19. 19  tion 203(b)(1)(A)’’ and inserting ‘‘under subpara-
  20. 20  graph (G), (H), (I), (J) or (K) of section 201(b)(1),
  21. 21  or section’’.
  22. 22  (2) TREATMENT OF DERIVATIVE FAMILY MEM-
  23. 23  BERS.—Section 203(d) (8 U.S.C. 1153(d)) is
  24. 24  amended to read as follows:

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‘‘(d) TREATMENT OF FAMILY MEMBERS.—If accom- panying or following to join a spouse or parent issued a visa under subsection (a), (b), or (c), subparagraph (G), (H), (I), (j), or (K) of section 201(b)(1), or section 201(b)(2), a spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall be entitled to the same immigrant status and the same order of consideration provided in the respective subsection.’’.

(3) ALIENS WHO ARE PRIORITY WORKERS OR MEMBERS OF THE PROFESSIONS HOLDING AD- VANCED DEGREES.—Section 203(b) (8 U.S.C. 1153(b)) is amended—

(A) in the matter preceding paragraph (1), by striking ‘‘Aliens’’ and inserting ‘‘Other than aliens described in paragraph (1) or (2)(B), aliens’’;

(B) in paragraph (1) by striking the mat- ter preceding subparagraph (A) and inserting ‘‘Aliens described in any of the following sub- paragraphs be admitted to the United States without respect to the worldwide level specified in section 201(d)’’; and

(C) by amending (2) to read as follows:

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‘‘(2) ALIENS WHO ARE MEMBERS OF THE PRO- FESSIONS HOLDING ADVANCED DEGREES OR AD- VANCED DEGREES IN A STEM FIELD.—

‘‘(A) PROFESSIONS HOLDING ADVANCED DEGREES.—Visas shall be made available, in a number not to exceed 40 percent of the world- wide level authorized in section 201(d), plus any visas not required for the classes specified in paragraph (5), to qualified immigrants who are members of the professions holding ad- vanced degrees or their equivalent whose serv- ices in the sciences, arts, professions, or busi- ness are sought by an employer in the United States, including alien physicians holding for- eign medical degrees that have been deemed sufficient for acceptance by an accredited United States medical residency or fellowship program.

‘‘(B) ADVANCED DEGREES IN A STEM FIELD.—

‘‘(i) IN GENERAL.—A qualified immi- grant shall be admitted to the United States without respect to the worldwide level specified in section 201(d) if such im- migrant—

EAS13500 S.L.C. 305

  1. 1  ‘‘(I) has earned a graduate de-
  2. 2  gree at the level of master’s or higher
  3. 3  in a field of science, technology, engi-
  4. 4  neering, or mathematics from an ac-
  5. 5  credited United States institution of
  6. 6  higher education
  7. 7  ‘‘(II) has an offer of employment
  8. 8  from a United States employer in a
  9. 9  field related to such degree; and
  10. 10  ‘‘(III) earned the qualifying grad-
  11. 11  uate degree within the 5 years imme-
  12. 12  diately prior to the initial filing date
  13. 13  of the petition under which the non-
  14. 14  immigrant is a beneficiary.
  15. 15  ‘‘(ii) UNITED STATES DOCTORAL IN-
  16. 16  STITUTION OF HIGHER EDUCATION.—In
  17. 17  this subparagraph, the term ‘United States
  18. 18  doctoral institution of higher education’
  19. 19  means an institution that—
  20. 20  ‘‘(I) is described in section
  21. 21  101(a) of the Higher Education Act
  22. 22  of 1965 (20 U.S.C. 1001(a)) or is a
  23. 23  proprietary institution of higher edu-
  24. 24  cation (as defined in section 102(b) of
  25. 25  such Act (20 U.S.C. 1002(b)));

EAS13500 S.L.C. 306

  1. 1  ‘‘(II) was classified by the Car-
  2. 2  negie Foundation for the Advance-
  3. 3  ment of Teaching on January 1,
  4. 4  2012, as a doctorate-granting univer-
  5. 5  sity with a very high or high level of
  6. 6  research activity or classified by the
  7. 7  National Science Foundation after the
  8. 8  date of enactment of this paragraph,
  9. 9  pursuant to an application by the in-
  10. 10  stitution, as having equivalent re-
  11. 11  search activity to those institutions
  12. 12  that had been classified by the Car-
  13. 13  negie Foundation as being doctorate-
  14. 14  granting universities with a very high
  15. 15  or high level of research activity; and
  16. 16  ‘‘(III) is accredited by an accred-
  17. 17  iting body that is itself accredited ei-
  18. 18  ther by the Department of Education
  19. 19  or by the Council for Higher Edu-
  20. 20  cation Accreditation.
  21. 21  ‘‘(C) WAIVER OF JOB OFFER.—
  22. 22  ‘‘(i) NATIONAL INTEREST WAIVER.—
  23. 23  Subject to clause (ii), the Secretary of
  24. 24  Homeland Security may, if the Secretary
  25. 25  deems it to be in the national interest,

EAS13500 S.L.C. 307

  1. 1  waive the requirements of subparagraph
  2. 2  (A) that an alien’s services in the sciences,
  3. 3  arts, professions, or business be sought by
  4. 4  an employer in the United States.
  5. 5  ‘‘(ii) PHYSICIANS WORKING IN SHORT-
  6. 6  AGE AREAS OR VETERANS FACILITIES.—
  7. 7  ‘‘(I) IN GENERAL.—The Sec-
  8. 8  retary shall grant a national interest
  9. 9  waiver pursuant to clause (i) on be-
  10. 10  half of any alien physician with re-
  11. 11  spect to whom a petition for pref-
  12. 12  erence classification has been filed
  13. 13  under subparagraph (A) if—
  14. 14  ‘‘(aa) the alien physician
  15. 15  agrees to work full time as a phy-
  16. 16  sician practicing primary care,
  17. 17  specialty medicine, or a combina-
  18. 18  tion thereof, in an area or areas
  19. 19  designated by the Secretary of
  20. 20  Health and Human Services as
  21. 21  having a shortage of health care
  22. 22  professionals or at a health care
  23. 23  facility under the jurisdiction of
  24. 24  the Secretary of Veterans Affairs;
  25. 25  or

EAS13500 S.L.C. 308

  1. 1  ‘‘(bb) the alien physician is
  2. 2  pursuing such waiver based upon
  3. 3  service at a facility or facilities
  4. 4  that serve patients who reside in
  5. 5  a geographic area or areas des-
  6. 6  ignated by the Secretary of
  7. 7  Health and Human Services as
  8. 8  having a shortage of health care
  9. 9  professionals (without regard to
  10. 10  whether such facility or facilities
  11. 11  are located within such an area)
  12. 12  and a Federal agency or a local,
  13. 13  county, regional, or State depart-
  14. 14  ment of public health determines
  15. 15  that the alien physician’s work at
  16. 16  such facility was or will be in the
  17. 17  public interest.
  18. 18  ‘‘(II) PROHIBITION.—
  19. 19  ‘‘(aa) No permanent resi-
  20. 20  dent visa may be issued to an
  21. 21  alien physician described in sub-
  22. 22  clause (I) by the Secretary of
  23. 23  State under section 204(b), and
  24. 24  the Secretary of Homeland Secu-
  25. 25  rity may not adjust the status of

EAS13500 S.L.C. 309

  1. 1  such an alien physician from that
  2. 2  of a nonimmigrant alien to that
  3. 3  of a permanent resident alien
  4. 4  under section 245, until such
  5. 5  time as the alien has worked full
  6. 6  time as a physician for an aggre-
  7. 7  gate of 5 years (not including the
  8. 8  time served in the status of an
  9. 9  alien described in section
  10. 10  101(a)(15)(J)), in an area or
  11. 11  areas designated by the Secretary
  12. 12  of Health and Human Services
  13. 13  as having a shortage of health
  14. 14  care professionals or at a health
  15. 15  care facility under the jurisdic-
  16. 16  tion of the Secretary of Veterans
  17. 17  Affairs; or at a facility or facili-
  18. 18  ties meeting the requirements of
  19. 19  subclause (I)(bb).
  20. 20  ‘‘(bb) The 5-year service re-
  21. 21  quirement of item (aa) shall be
  22. 22  counted from the date the alien
  23. 23  physician begins work in the
  24. 24  shortage area in any legal status
  25. 25  and not the date an immigrant

EAS13500 S.L.C. 310

  1. 1  visa petition is filed or approved.
  2. 2  Such service shall be aggregated
  3. 3  without regard to when such
  4. 4  service began and without regard
  5. 5  to whether such service began
  6. 6  during or in conjunction with a
  7. 7  course of graduate medical edu-
  8. 8  cation.
  9. 9  ‘‘(cc) An alien physician
  10. 10  shall not be required to submit
  11. 11  an employment contract with a
  12. 12  term exceeding the balance of the
  13. 13  5-year commitment yet to be
  14. 14  served, nor an employment con-
  15. 15  tract dated within a minimum
  16. 16  time period prior to filing of a
  17. 17  visa petition pursuant to this
  18. 18  subsection.
  19. 19  ‘‘(dd) An alien physician
  20. 20  shall not be required to file addi-
  21. 21  tional immigrant visa petitions
  22. 22  upon a change of work location
  23. 23  from the location approved in the
  24. 24  original national interest immi-
  25. 25  grant petition.

EAS13500 S.L.C. 311

  1. 1  ‘‘(III) STATUTORY CONSTRUC-
  2. 2  TION.—Nothing in this subparagraph
  3. 3  may be construed to prevent the filing
  4. 4  of a petition with the Secretary of
  5. 5  Homeland Security for classification
  6. 6  under section 204(a), by an alien phy-
  7. 7  sician described in subclause (I) prior
  8. 8  to the date by which such alien physi-
  9. 9  cian has completed the service de-
  10. 10  scribed in subclause (II) or in section
  11. 11  214(l).’’.
  12. 12  (4) EXCEPTION FROM LABOR CERTIFICATION
  13. 13  REQUIREMENT FOR STEM IMMIGRANTS.—Section
  14. 14  212(a)(5)(D) (8 U.S.C. 1182(a)(5)(D)) is amended
  15. 15  to read as follows:
  16. 16  ‘‘(D) APPLICATION OF GROUNDS.—
  17. 17  ‘‘(i) IN GENERAL.—Except as pro-
  18. 18  vided in clause (ii), the grounds for inad-
  19. 19  missibility of aliens under subparagraphs
  20. 20  (A) and (B) shall apply to immigrants
  21. 21  seeking admission or adjustment of status
  22. 22  under paragraph (2) or (3) of section
  23. 23  203(b).
  24. 24  ‘‘(ii) SPECIAL RULE FOR STEM IMMI-
  25. 25  GRANTS.—The grounds for inadmissibility

EAS13500 S.L.C. 312

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of aliens under subparagraph (A) shall not apply to an immigrant seeking admission or adjustment of status under paragraph (2)(A)(ii) of section 203(b).’’.

(5) SKILLED WORKERS, PROFESSIONALS, AND OTHER WORKERS.—

(A) IN GENERAL.—Section 203(b)(3)(A) (8 U.S.C. 1153(b)(3)(A)) is amended by strik- ing ‘‘in a number not to exceed 28.6 percent of such worldwide level, plus any visas not re- quired for the classes specified in paragraphs (1) and (2),’’ and inserting ‘‘ in a number not to exceed 40 percent of the worldwide level au- thorized in section 201(d), plus any visas not required for the class specified in paragraph (2),’’.

(B) MEDICAL LICENSE REQUIREMENTS.— Section 214(i)(2)(A) (8 U.S.C. 1184(i)(2)(A)) is amended by adding at the end ‘‘including in the case of a medical doctor, the licensure re- quired to practice medicine in the United States,’’.

(C) REPEAL OF LIMITATION ON OTHER WORKERS.—Section 203(b)(3) (8 U.S.C. 1153(b)(3)) is amended—

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(i) by striking subparagraph (B); and

(ii) redesignated subparagraph (C) as subparagraph (B).

(6) CERTAIN SPECIAL IMMIGRANTS.—Section 203(b)(4) (8 U.S.C. 1153(b)(4)) is amended by striking ‘‘in a number not to exceed 7.1 percent of such worldwide level,’’ and inserting ‘‘in a number not to exceed 10 percent of the worldwide level au- thorized in section 201(d), plus any visas not re- quired for the class specified in paragraph (3),’’.

(7) EMPLOYMENT CREATION.—Section 203(b)(5)(A) (8 U.S.C. 1153(b)(5)(A)) is amended by striking ‘‘in a number not to exceed 7.1 percent of such worldwide level,’’ and inserting ‘‘ in a num- ber not to exceed 10 percent of the worldwide level authorized in section 201(d), plus any visas not re- quired for the class specified in paragraph (4),’’.

SEC. 2308. V NONIMMIGRANT VISAS.

(a) NONIMMIGRANT ELIGIBILITY.—Subparagraph (V) of section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amended to read as follows:

‘‘(V)(i) subject to section 214(q)(1) and section 212(a)(4), an alien who is the bene- ficiary of an approved petition under section 203(a) as—

EAS13500 S.L.C. 314

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‘‘(I) the unmarried son or unmarried daughter of a citizen of the United States; ‘‘(II) the unmarried son or unmarried daughter of an alien lawfully admitted for

permanent residence; or
‘‘(III) the married son or married

daughter of a citizen of the United States and who is under 31 years of age; or
‘‘(ii) subject to section 214(q)(2), an alien

who is—
‘‘(I) the sibling of a citizen of the

United States; or
‘‘(II) the married son or married

daughter of a citizen of the United States

and who is over 31 years of age.’’.
(b) EMPLOYMENT AND PERIOD OF ADMISSION OF NONIMMIGRANTS DESCRIBED IN SECTION 101(A)(15)(V).—Section 214(q) (8 U.S.C. 1184(q)) 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—

EAS13500 S.L.C. 315

  1. 1  ‘‘(i) authorize a nonimmigrant admit-
  2. 2  ted pursuant to section 101(a)(15)(V)(i) to
  3. 3  engage in employment in the United States
  4. 4  during the period of such nonimmigrant’s
  5. 5  authorized admission; and
  6. 6  ‘‘(ii) provide such a nonimmigrant
  7. 7  with an ‘employment authorized’ endorse-
  8. 8  ment or other appropriate document signi-
  9. 9  fying authorization of employment.
  10. 10  ‘‘(B) TERMINATION OF ADMISSION.—The
  11. 11  period of authorized admission for such a non-
  12. 12  immigrant shall terminate 30 days after the
  13. 13  date on which—
  14. 14  ‘‘(i) such nonimmigrant’s application
  15. 15  for an immigrant visa pursuant to the ap-
  16. 16  proval of a petition under subsection (a) or
  17. 17  (c) of section 203 is denied; or
  18. 18  ‘‘(ii) such nonimmigrant’s application
  19. 19  for adjustment of status under section 245
  20. 20  pursuant to the approval of such a petition
  21. 21  is denied.
  22. 22  ‘‘(2) SIBLINGS AND SONS AND DAUGHTERS OF
  23. 23  CITIZENS.—
  24. 24  ‘‘(A) EMPLOYMENT AUTHORIZATION.—The
  25. 25  Secretary may not authorize a nonimmigrant

EAS13500 S.L.C. 316

  1. 1  admitted pursuant to section 101(a)(15)(V)(ii)
  2. 2  to engage in employment in the United States.
  3. 3  ‘‘(B) PERIOD OF ADMISSION.—The period
  4. 4  of authorized admission as such a non-
  5. 5  immigrant may not exceed 60 days per fiscal
  6. 6  year.
  7. 7  ‘‘(C) TREATMENT OF PERIOD OF ADMIS-
  8. 8  SION.—An alien admitted under section
  9. 9  101(a)(15)(V) may not received an allocation of
  10. 10  points pursuant to section 211 of this Act
  11. 11  which is section 201(e) as amended for resi-
  12. 12  dence in the United States while admitted as
  13. 13  such a nonimmigrant.’’.
  14. 14  (c) PUBLIC BENEFITS.—A noncitizen who is lawfully
  15. 15  present in the United States pursuant to section
  16. 16  101(a)(15)(V) of the Immigration and Nationality Act (8
  17. 17  U.S.C. 1101(a)(15)(V)) is not eligible for any means-test-
  18. 18  ed public benefits (as such term is defined in section 403
  19. 19  of the Personal Responsibility and Work Opportunity Rec-
  20. 20  onciliation Act of 1996 (8 U.S.C. 1613)). A noncitizen ad-
  21. 21  mitted under this section is—
  22. 22  (1) not entitled to the premium assistance tax
  23. 23  credit authorized under section 36B of the Internal
  24. 24  Revenue Code of 1986;

EAS13500 S.L.C. 317

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(2) shall be subject to the rules applicable to in- dividuals not lawfully present that are set forth in subsection (e) of such section; and

(3) shall be subject to the rules applicable to in- dividuals not lawfully present that are set forth in section 1402(e) of the Patient Protection and Af- fordable Care Act (42 U.S.C. 18071).
(d) 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. 2309. FIANCE ́E AND FIANCE ́ CHILD STATUS PROTEC-

TION.

(a) DEFINITION.—Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)(i) is amended—

(1) in clause (i), by inserting ‘‘or of an alien lawfully admitted for permanent residence’’ after ‘‘204(a)(1)(A)(viii)(I))’’;

(2) in clause (ii), by inserting ‘‘or of an alien lawfully admitted for permanent residence’’ after ‘‘204(a)(1)(A)(viii)(I))’’; and

(3) in clause (iii), by striking the semicolon and inserting ‘‘, provided that a determination of the age of such child is made using the age of the alien on the date on which the fianc ́e, fianc ́ee, or immigrant

EAS13500 S.L.C. 318

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visa petition is filed with the Secretary of Homeland Security to classify the alien’s parent as the fianc ́ee or fianc ́e of a United States citizen or of an alien lawfully admitted for permanent residence (in the case of an alien parent described in clause (i)) or as the spouse of a citizen of the United States or of an alien lawfully admitted to permanent residence under section 201(b)(2)(A)(i) (in the case of an alien parent described in clause (ii));’’.

(b) ADJUSTMENT OF STATUS AUTHORIZED.—Section 214(d) (8 U.S.C. 1184(d)) is amended—

(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(2) in paragraph (1), by striking ‘‘In the event’’ and all that follows through the end; and

(3) by inserting after paragraph (1) the fol- lowing:

‘‘(2)(A) If an alien does not marry the petitioner under paragraph (1) within 3 months after the alien and the alien’s children are admitted into the United States, the visa previously issued under the provisions of section 1101(a)(15)(K)(i) shall automatically expire and such alien and children shall be required to depart from the United States. If such aliens fail to depart from the

EAS13500 S.L.C. 319

  1. 1  United States, they shall be placed in proceedings in ac-
  2. 2  cordance with sections 240 and 241.
  3. 3  ‘‘(B) Subject to subparagraphs (C) and (D), if an
  4. 4  alien marries the petitioner described in section
  5. 5  101(a)(15)(K)(i) within 90 days after the alien is admit-
  6. 6  ted into the United States, the Secretary or the Attorney
  7. 7  General, subject to the provisions of section 245(d), may
  8. 8  adjust the status of the alien, and any children accom-
  9. 9  panying or following to join the alien, to that of an alien
  10. 10  lawfully admitted for permanent residence on a conditional
  11. 11  basis under section 216 if the alien and any such children
  12. 12  apply for such adjustment and are not determined to be
  13. 13  inadmissible to the United States. If the alien does not
  14. 14  apply for such adjustment within 6 months after the mar-
  15. 15  riage, the visa issued under the provisions of section
  16. 16  1101(a)(15)(K) shall automatically expire.
  17. 17  ‘‘(C) Paragraphs (5) and (7)(A) of section 212(a)
  18. 18  shall not apply to an alien who is eligible to apply for ad-
  19. 19  justment of the alien’s status to an alien lawfully admitted
  20. 20  for permanent residence under this section.
  21. 21  ‘‘(D) An alien eligible for a waiver of inadmissibility
  22. 22  as otherwise authorized under this Act or the Border Se-
  23. 23  curity, Economic Opportunity, and Immigration Mod-
  24. 24  ernization Act shall be permitted to apply for adjustment

EAS13500 S.L.C. 320

  1. 1  of the alien’s status to that of an alien lawfully admitted
  2. 2  for permanent residence under this section.’’.
  3. 3  (c) AGE DETERMINATION.—Section 245(d) (8 U.S.C.
  4. 4  1255(d)) is amended—
  5. 5  (1) by inserting ‘‘(1)’’ before ‘‘The Attorney
  6. 6  General’’ by striking ‘‘The Attorney General’’ and
  7. 7  inserting ‘‘(1) The Secretary of Homeland Security’’;
  8. 8  (2) in paragraph (1), as designated under para-
  9. 9  graph (1) of this subsection, by striking ‘‘Attorney
  10. 10  General’’ and inserting ‘‘Secretary’’; and
  11. 11  (3) by adding at the end the following:
  12. 12  ‘‘(2) A determination of the age of an alien admitted
  13. 13  to the United States under section 101(a)(15)(K)(iii) shall
  14. 14  be made, for purposes of adjustment to the status of an
  15. 15  alien lawfully admitted for permanent residence on a con-
  16. 16  ditional basis under section 216, using the age of the alien
  17. 17  on the date on which the fianc ́e, fianc ́ee, or immigrant visa
  18. 18  petition was filed with the Secretary of Homeland Security
  19. 19  to classify the alien’s parent as the fianc ́ee or fianc ́e of
  20. 20  a United States citizen or of an alien lawfully admitted
  21. 21  to permanent residence (in the case of an alien parent ad-
  22. 22  mitted to the United States under section
  23. 23  101(a)(15)(K)(i)) or as the spouse of a United States cit-
  24. 24  izen or of an alien lawfully admitted to permanent resi-
  25. 25  dence under section 201(b)(2)(A)(i) (in the case of an

EAS13500 S.L.C. 321

  1. 1  alien parent admitted to the United States under section
  2. 2  101(a)(15)(K)(ii)).’’.
  3. 3  (d) APPLICABILITY.—The amendments made by this
  4. 4  section shall apply to all petitions or applications described
  5. 5  in such amendments that are pending as of the date of
  6. 6  the enactment of the Border Security, Economic Oppor-
  7. 7  tunity, and Immigration Modernization Act.
  8. 8  (e) TECHNICAL AND CONFORMING AMENDMENTS.—
  9. 9  (1) DEFINITIONS.—Section 101(a)(15)(K) (8
  10. 10  U.S.C. 1101(a)(15)(K)), as amended by subsection
  11. 11  (a), if further amended—
  12. 12  (A) in clause (ii), by striking ‘‘section
  13. 13  201(b)(2)(A)(i)’’ and inserting ‘‘section
  14. 14  201(b)(2)’’; and
  15. 15  (B) in clause (iii), by striking ‘‘section
  16. 16  201(b)(2)(A)(i)’’ and inserting ‘‘section
  17. 17  201(b)(2)’’.
  18. 18  (2) AGE DETERMINATION.—Section paragraph
  19. 19  (2) of section 245(d) (8 U.S.C. 1255(d)), as add by
  20. 20  subsection (c), is further amended by striking sec-
  21. 21  tion ‘‘201(b)(2)(A)(i)’’ and inserting ‘‘201(b)(2)’’.
  22. 22  (3) EFFECTIVE DATE.—The amendments made
  23. 23  by this subsection shall take effect on the first day
  24. 24  of the first fiscal year beginning no earlier than 1
  25. 25  year after the date of the enactment of this Act.

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SEC. 2310. EQUAL TREATMENT FOR ALL STEPCHILDREN.

Section 101(b)(1)(B) (8 U.S.C. 1101(b)(1)(B)) is amended by striking ‘‘eighteen years’’ and inserting ‘‘21 years’’.
SEC. 2311. INTERNATIONAL ADOPTION HARMONIZATION.

(a) MODIFICATION OF ADOPTION AGE REQUIRE- MENTS.—Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is amended—

(1) in subparagraph (E)—
(A) by striking ‘‘(E)(i)’’ and inserting

‘‘(E)’’;
(B) by striking ‘‘sixteen’’ and inserting

‘‘18’’;
(C) by striking ‘‘; or’’ and inserting a

semicolon; and
(D) by striking clause (ii);

(2) in subparagraph (F)—
(A) by striking ‘‘(F)(i)’’ and inserting

‘‘(F)’’;
(B) by striking ‘‘sixteen’’ and inserting

‘‘18’’;
(C) by striking ‘‘Attorney General’’ and in-

serting ‘‘Secretary of Homeland Security’’; and (D) by striking clause (ii); and

(3) in subparagraph (G), by striking ‘‘16’’ and inserting ‘‘18’’.

EAS13500 S.L.C. 323

1 (b) HARMONIZING ADOPTIONS BETWEEN HAGUE 2 CONVENTION AND NON-HAGUE-CONVENTION COUN- 3TRIES.—Section 212(a)(1)(C)(ii) (8 U.S.C.

  1. 4  1182(a)(1)(C)(ii)) is amended by striking ‘‘section
  2. 5  101(b)(1)(F),’’ and inserting ‘‘subparagraph (F) or (G)
  3. 6  of section 101(b)(1),’’.
  4. 7  SEC. 2312. RELIEF FOR ORPHANS, WIDOWS, AND WID-
  5. 8  OWERS.
  6. 9  (a) IN GENERAL.—
  7. 10  (1) SPECIAL RULE FOR ORPHANS AND
  8. 11  SPOUSES.—In applying clauses (iii) and (iv) of sec-
  9. 12  tion 201(b)(2)(A) of the Immigration and Nation-
  10. 13  ality Act, as added by section 102(a) of this Act, to
  11. 14  an alien whose citizen or lawful permanent resident
  12. 15  relative died before the date of the enactment of this
  13. 16  Act, the alien relative may file the classification peti-
  14. 17  tion under section 204(a)(1)(A)(ii) of such Act, as
  15. 18  amended by section 102(c)(4)(A)(i)(II) of this Act,
  16. 19  not later than 2 years after the date of the enact-
  17. 20  ment of this Act.
  18. 21  (2) ELIGIBILITY FOR PAROLE.—If an alien was
  19. 22  excluded, deported, removed, or departed voluntarily
  20. 23  before the date of the enactment of this Act based
  21. 24  solely upon the alien’s lack of classification as an
  22. 25  immediate relative (as defined in section

EAS13500 S.L.C. 324

  1. 1  201(b)(2)(A)(iv) of the Immigration and Nationality
  2. 2  Act, as amended by section 102(a) of this Act) due
  3. 3  to the death of such citizen or resident—
  4. 4  (A) such alien shall be eligible for parole
  5. 5  into the United States pursuant to the Sec-
  6. 6  retary’s discretionary authority under section
  7. 7  212(d)(5) of such Act (8 U.S.C. 1182(d)(5));
  8. 8  and
  9. 9  (B) such alien’s application for adjustment
  10. 10  of status shall be considered notwithstanding
  11. 11  section 212(a)(9) of such Act (8 U.S.C.
  12. 12  1182(a)(9)).
  13. 13  (3) ELIGIBILITY FOR PAROLE.—If an alien de-
  14. 14  scribed in section 204(l) of the Immigration and Na-
  15. 15  tionality Act (8 U.S.C. 1154(l)), was excluded, de-
  16. 16  ported, removed, or departed voluntarily before the
  17. 17  date of the enactment of this Act—
  18. 18  (A) such alien shall be eligible for parole
  19. 19  into the United States pursuant to the Sec-
  20. 20  retary’s discretionary authority under section
  21. 21  212(d)(5) of such Act (8 U.S.C. 1182(d)(5));
  22. 22  and
  23. 23  (B) such alien’s application for adjustment
  24. 24  of status shall be considered notwithstanding

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section 212(a)(9) of such Act (8 U.S.C.

1182(a)(9)).
(b) PROCESSING OF IMMIGRANT VISAS AND DERIVA-

TIVE PETITIONS.—
(1) IN GENERAL.—Section 204(b) (8 U.S.C.

1154(b)) is amended—
(A) by striking ‘‘After an investigation’’

and inserting ‘‘(1) After an investigation’’; and (B) by adding at the end the following:

‘‘(2)(A) Any alien described in subparagraph (B) whose qualifying relative died before the completion of im- migrant visa processing may have an immigrant visa ap- plication adjudicated as if such death had not occurred. An immigrant visa issued before the death of the quali- fying relative shall remain valid after such death.

‘‘(B) An alien described in this subparagraph is an alien who—

‘‘(i) is an immediate relative (as described in section 201(b)(2)(A));

‘‘(ii) is a family-sponsored immigrant (as de- scribed in subsection (a) or (d) of section 203);

‘‘(iii) is a derivative beneficiary of an employ- ment-based immigrant under section 203(b) (as de- scribed in section 203(d)); or

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‘‘(iv) is the spouse or child of a refugee (as de- scribed in section 207(c)(2)) or an asylee (as de- scribed in section 208(b)(3)).’’.

(2) TRANSITION PERIOD.—
(A) IN GENERAL.—Notwithstanding a de-

nial or revocation of an application for an immi- grant visa for an alien whose qualifying relative died before the date of the enactment of this Act, such application may be renewed by the alien through 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)), an alien’s application for an immi- grant visa shall be considered if the alien was excluded, deported, removed, or departed volun- tarily before the date of the enactment of this Act.

(c) NATURALIZATION.—Section 319(a) (8 U.S.C. 1430(a)) is amended by striking ‘‘States,’’ and inserting ‘‘States (or if the spouse is deceased, the spouse was a citizen of the United States),’’.

(d) WAIVERS OF INADMISSIBILITY.—Section 212 (8 U.S.C. 1182) is amended by adding at the end the fol- lowing:

EAS13500 S.L.C. 327

  1. 1  ‘‘(v) CONTINUED WAIVER ELIGIBILITY FOR WIDOWS,
  2. 2  WIDOWERS, AND ORPHANS.—In the case of an alien who
  3. 3  would have been statutorily eligible for any waiver of inad-
  4. 4  missibility under this Act but for the death of a qualifying
  5. 5  relative, the eligibility of such alien shall be preserved as
  6. 6  if the death had not occurred and the death of the quali-
  7. 7  fying relative shall be the functional equivalent of hardship
  8. 8  for purposes of any waiver of inadmissibility which re-
  9. 9  quires a showing of hardship.’’.
  10. 10  (e) SURVIVING RELATIVE CONSIDERATION FOR CER-
  11. 11  TAIN PETITIONS AND APPLICATIONS.—Section 204(l)(1)
  12. 12  (8 U.S.C. 1154(l)(1)) is amended—
  13. 13  (1) by striking ‘‘who resided in the United
  14. 14  States at the time of the death of the qualifying rel-
  15. 15  ative and who continues to reside in the United
  16. 16  States’’; and
  17. 17  (2) by striking ‘‘related applications,’’ and in-
  18. 18  serting ‘‘related applications (including affidavits of
  19. 19  support),’’.
  20. 20  (f) IMMEDIATE RELATIVES.—Section 201(b)(2)(A)(i)
  21. 21  (8 U.S.C. 1151(b)(2)(A)(i)) is amended by striking ‘‘with-
  22. 22  in 2 years after such date’’.
  23. 23  (g) FAMILY-SPONSORED IMMIGRANTS.—Section
  24. 24  212(a)(4)(C)(i) (8 U.S.C. 1182(a)(4)(C)(i)) is amended—

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(1) in subclause (I), by striking ‘‘, or’’ and in- serting a semicolon;

(2) in subclause (II), by striking ‘‘or’’ at the end; and

(3) by adding at the end the following:
‘‘(IV) the status as a surviving

relative under 204(l); or’’.

SEC. 2313. DISCRETIONARY AUTHORITY WITH RESPECT TO REMOVAL, DEPORTATION OR INADMIS- SIBILITY OF CITIZEN AND RESIDENT IMME-

DIATE FAMILY MEMBERS.

(a) APPLICATIONS FOR RELIEF FROM REMOVAL.— Section 240(c)(4) (8 U.S.C. 1229a(c)(4)) is amended by adding at the end the following:

‘‘(D) JUDICIAL DISCRETION.—In the case of an alien subject to removal, deportation, or exclusion, the immigration judge may exercise discretion to decline to order the alien removed, deported or excluded from the United States and terminate proceedings if the judge deter- mines that such removal, deportation, or exclu- sion is against the public interest or would re- sult in hardship to the alien’s United States cit- izen or permanent resident parent of a child, spouse, or child, or the judge determines the

EAS13500 S.L.C. 329

  1. 1  alien is prima facie eligible for naturalization
  2. 2  except that this subparagraph shall not apply to
  3. 3  an alien whom the judge determines—
  4. 4  ‘‘(i) is described in—
  5. 5  ‘‘(I) subparagraph (B), (C),
  6. 6  (D)(ii), (E), (H), (I), or (J) of section
  7. 7  212(a)(2);
  8. 8  ‘‘(II) section 212(a)(3);
  9. 9  ‘‘(III) subparagraph (A), (C), or
  10. 10  (D) of section 212(a)(10); or
  11. 11  ‘‘(IV) paragraph (2)(A)(ii),
  12. 12  (2)(A)(v), (2)(F), (4), or (6) of sec-
  13. 13  tion 237(a); or
  14. 14  ‘‘(ii) has—
  15. 15  ‘‘(I) engaged in conduct de-
  16. 16  scribed in paragraph (8) or (9) of sec-
  17. 17  tion 103 of the Trafficking Victims
  18. 18  Protection Act of 2000 (22 U.S.C.
  19. 19  7102); or
  20. 20  ‘‘(II) a felony conviction de-
  21. 21  scribed in section 101(a)(43) that
  22. 22  would have been classified as an ag-
  23. 23  gravated felony at the time of convic-
  24. 24  tion.’’.

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(b) SECRETARY’S DISCRETION.—Section 212 (8 U.S.C. 1182), as amended by section 2312(d), is further amended by adding at the end the following:

‘‘(w) SECRETARY’S DISCRETION.—In the case of an alien inadmissible under this section, the Secretary of Homeland Security may exercise discretion to waive a ground of inadmissibility if the Secretary determines that such refusal of admission is against the public interest or would result in hardship to the alien’s United States cit- izen or permanent resident parent, spouse, or child except that this subparagraph shall not apply to an alien whom the Secretary determines—

‘‘(1) is described in—
‘‘(A) subparagraph (B), (C), (D)(ii), (E),

(H), (I), of subsection (a)(2);
‘‘(B) subsection (a)(3);
‘‘(C) subparagraph (A), (C), or (D) of sub-

section (a)(10);
‘‘(D) paragraphs (2)(A)(ii), (2)(A)(v),

(2)(F), or (6) of section 237(a); or
‘‘(E) section 240(c)(4)(D)(ii)(II); or

‘‘(2) has—
‘‘(A) engaged in conduct described in para-

graph (8) or (9) of section 103 of the Traf-

EAS13500 S.L.C. 331

  1. 1  ficking Victims Protection Act of 2000 (22
  2. 2  U.S.C. 7102); or
  3. 3  ‘‘(B) a felony conviction described in sec-
  4. 4  tion 101(a)(43) that would have been classified
  5. 5  as an aggravated felony at the time of convic-
  6. 6  tion.’’.
  7. 7  (c) REINSTATEMENT OF REMOVAL ORDERS.—Sec-
  8. 8  tion 241(a)(5) (8 U.S.C. 1231(a)(5)) is amended by strik-
  9. 9  ing the period at the end and inserting ‘‘, unless the alien
  10. 10  reentered prior to attaining the age of 18 years, or rein-
  11. 11  statement of the prior order of removal would not be in
  12. 12  the public interest or would result in hardship to the
  13. 13  alien’s United States citizen or permanent resident parent,
  14. 14  spouse, or child.’’.
  15. 15  SEC. 2314. WAIVERS OF INADMISSIBILITY.
  16. 16  (a) ALIENS WHO ENTERED AS CHILDREN.—Section
  17. 17  212(a)(9)(B)(iii) (8 U.S.C. 1182(a)(9)(B)(iii)) is amended
  18. 18  by adding at the end the following:
  19. 19  ‘‘(VI) ALIENS WHO ENTERED AS
  20. 20  CHILDREN.—Clause (i) shall not apply
  21. 21  to an alien who is the beneficiary of
  22. 22  an approved petition under
  23. 23  101(a)(15)(H) and who has earned a
  24. 24  baccalaureate or higher degree from a
  25. 25  United States institution of higher

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education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), and had not yet reached the age of 16 years at the time of initial entry to the United States.’’.

(b) ALIENS UNLAWFULLY PRESENT.—Section 212(a)(9)(B)(v) (8 U.S.C. 1181(a)(9)(B)(v) is amended— (1) by striking ‘‘spouse or son or daughter’’ and

inserting ‘‘spouse, son, daughter, or parent’’; and (2) by striking ‘‘extreme’’.

(c) PREVIOUS IMMIGRATION VIOLATIONS.—Section 212(a)(9)(C)(i) (8 U.S.C. 1182(a)(9)(C)(i)) is amended by adding ‘‘, other than an alien described in clause (iii) or (iv) of subparagraph (B),’’ after ‘‘Any alien’’.

(d) FALSE CLAIMS.—
(1) INADMISSIBILITY.—

(A) IN GENERAL.—Section 212(a)(6)(C) (8 U.S.C. 1182(a)(6)(C)) is amended to read as follows:

‘‘(C) MISREPRESENTATION.—
‘‘(i) IN GENERAL.—Any alien who, by

fraud or willfully misrepresenting a mate- rial fact, seeks to procure (or within the last 3 years has sought to procure or has

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procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmis- sible.

‘‘(ii) FALSELY CLAIMING CITIZEN- SHIP.—

‘‘(I) INADMISSIBILITY.—Subject to subclause (II), any alien who know- ingly misrepresents himself or herself to be a citizen of the United States for any purpose or benefit under this chapter (including section 274A) or any other Federal or State law is in- admissible.

‘‘(II) SPECIAL RULE FOR CHIL- DREN.—An alien shall not be inadmis- sible under this clause if the misrepre- sentation described in subclause (I) was made by the alien when the alien—

‘‘(aa) was under 18 years of age; or

‘‘(bb) otherwise lacked the mental competence to knowingly

EAS13500 S.L.C. 334

  1. 1  misrepresent a claim of United
  2. 2  States citizenship.
  3. 3  ‘‘(iii) WAIVER.—The Attorney General
  4. 4  or the Secretary of Homeland Security
  5. 5  may, in the discretion of the Attorney Gen-
  6. 6  eral or the Secretary, waive the application
  7. 7  of clause (i) or (ii)(I) for an alien, regard-
  8. 8  less whether the alien is within or outside
  9. 9  the United States, if the Attorney General
  10. 10  or the Secretary find that a determination
  11. 11  of inadmissibility to the United States for
  12. 12  such alien would—
  13. 13  ‘‘(I) result in extreme hardship to
  14. 14  the alien or to the alien’s parent,
  15. 15  spouse, son, or daughter who is a cit-
  16. 16  izen of the United States or an alien
  17. 17  lawfully admitted for permanent resi-
  18. 18  dence; or
  19. 19  ‘‘(II) in the case of a VAWA self-
  20. 20  petitioner, result in significant hard-
  21. 21  ship to the alien or a parent or child
  22. 22  of the alien who is a citizen of the
  23. 23  United States, an alien lawfully ad-
  24. 24  mitted for permanent residence, or a
  25. 25  qualified alien (as defined in section

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431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)).
‘‘(iv) LIMITATION ON REVIEW.—No

court shall have jurisdiction to review a de- cision or action of the Attorney General or the Secretary regarding a waiver under clause (iii).’’.

(B) CONFORMING AMENDMENT.—Section 212 (8 U.S.C. 1182) is amended by striking subsection (i).
(2) DEPORTABILITY.—Section 237(a)(3)(D) (8

U.S.C. 1227(a)(3)(D)) is amended to read as fol- lows:

‘‘(D) FALSELY CLAIMING CITIZENSHIP.— Any alien described in section 212(a)(6)(C)(ii) is deportable.’’.

SEC. 2315. CONTINUOUS PRESENCE.

Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) is amend- ed to read as follows:

‘‘(1) TERMINATION OF CONTINUOUS PERIOD.— For purposes of this section, any period of contin- uous residence or continuous physical presence in the United States shall be deemed to end, except in the case of an alien who applies for cancellation of

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removal under subsection (b)(2), on the date that a notice to appear is filed with the Executive Office for Immigration Review pursuant to section 240.’’.

SEC. 2316. GLOBAL HEALTH CARE COOPERATION.

(a) TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTH CARE IN DEVELOPING COUNTRIES.—

(1) IN GENERAL.—Title III (8 U.S.C. 1401 et seq.) is amended by inserting after section 317 the following:

‘‘SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTH CARE IN DEVELOPING COUNTRIES.

‘‘(a) IN GENERAL.—Notwithstanding any other pro- vision of this Act, the Secretary of Homeland Security shall allow an eligible alien and the spouse or child of such alien to reside in a candidate country during the period that the eligible alien is working as a physician or other health care worker in a candidate country. During such period the eligible alien and such spouse or child shall be considered—

‘‘(1) to be physically present and residing in the United States for purposes of naturalization under section 316(a); and

‘‘(2) to meet the continuous residency require- ments under section 316(b).
‘‘(b) DEFINITIONS.—In this section:

EAS13500 S.L.C. 337

  1. 1  ‘‘(1) CANDIDATE COUNTRY.—The term ‘can-
  2. 2  didate country’ means a country that the Secretary
  3. 3  of State determines to be—
  4. 4  ‘‘(A) eligible for assistance from the Inter-
  5. 5  national Development Association, in which the
  6. 6  per capita income of the country is equal to or
  7. 7  less than the historical ceiling of the Inter-
  8. 8  national Development Association for the appli-
  9. 9  cable fiscal year, as defined by the International
  10. 10  Bank for Reconstruction and Development;
  11. 11  ‘‘(B) classified as a lower middle income
  12. 12  country in the then most recent edition of the
  13. 13  World Development Report for Reconstruction
  14. 14  and Development published by the International
  15. 15  Bank for Reconstruction and Development and
  16. 16  having an income greater than the historical
  17. 17  ceiling for International Development Associa-
  18. 18  tion eligibility for the applicable fiscal year; or
  19. 19  ‘‘(C) qualified to be a candidate country
  20. 20  due to special circumstances, including natural
  21. 21  disasters or public health emergencies.
  22. 22  ‘‘(2) ELIGIBLE ALIEN.—The term ‘eligible
  23. 23  alien’ means an alien who—
  24. 24  ‘‘(A) has been lawfully admitted to the
  25. 25  United States for permanent residence; and

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‘‘(B) is a physician or other healthcare worker.

‘‘(c) CONSULTATION.—The Secretary of Homeland Security shall consult with the Secretary of State in car- rying out this section.

‘‘(d) PUBLICATION.—The Secretary of State shall publish—

‘‘(1) not later than 180 days after the date of the enactment of the Border Security, Economic Op- portunity, and Immigration Modernization Act, a list of candidate countries;

‘‘(2) an updated version of the list required by paragraph (1) not less often than once each year; and

‘‘(3) an amendment to the list required by paragraph (1) at the time any country qualifies as a candidate country due to special circumstances under subsection (b)(1)(C).’’.

(2) RULEMAKING.—
(A) REQUIREMENT.—Not later than 180

days after the date of the enactment of this Act, the Secretary shall promulgate regulations to carry out the amendments made by this sub- section.

EAS13500 S.L.C. 339

  1. 1  (B) CONTENT.—The regulations promul-
  2. 2  gated pursuant to subparagraph (A) shall—
  3. 3  (i) permit an eligible alien (as defined
  4. 4  in section 317A of the Immigration and
  5. 5  Nationality Act, as added by subsection
  6. 6  (a)) and the spouse or child of the eligible
  7. 7  alien to reside in a foreign country to work
  8. 8  as a physician or other healthcare worker
  9. 9  as described in subsection (a) of such sec-
  10. 10  tion 317A for not less than a 12-month pe-
  11. 11  riod and not more than a 24-month period,
  12. 12  and shall permit the Secretary to extend
  13. 13  such period for an additional period not to
  14. 14  exceed 12 months, if the Secretary deter-
  15. 15  mines that such country has a continuing
  16. 16  need for such a physician or other
  17. 17  healthcare worker;
  18. 18  (ii) provide for the issuance of docu-
  19. 19  ments by the Secretary to such eligible
  20. 20  alien, and such spouse or child, if appro-
  21. 21  priate, to demonstrate that such eligible
  22. 22  alien, and such spouse or child, if appro-
  23. 23  priate, is authorized to reside in such
  24. 24  country under such section 317A; and

EAS13500 S.L.C. 340

  1. 1  (iii) provide for an expedited process
  2. 2  through which the Secretary shall review
  3. 3  applications for such an eligible alien to re-
  4. 4  side in a foreign country pursuant to sub-
  5. 5  section (a) of such section 317A if the Sec-
  6. 6  retary of State determines a country is a
  7. 7  candidate country pursuant to subsection
  8. 8  (b)(1)(C) of such section 317A.
  9. 9  (3) TECHNICAL AND CONFORMING AMEND-
  10. 10  MENTS.—
  11. 11  (A) DEFINITION.—Section
  12. 12  101(a)(13)(C)(ii) (8 U.S.C. 1101(a)(13)(C)(ii))
  13. 13  is amended by adding ‘‘except in the case of an
  14. 14  eligible alien, or the spouse or child of such
  15. 15  alien, who is authorized to be absent from the
  16. 16  United States under section 317A,’’ at the end.
  17. 17  (B) DOCUMENTARY REQUIREMENTS.—Sec-
  18. 18  tion 211(b) (8 U.S.C. 1181(b)) is amended by
  19. 19  inserting ‘‘, including an eligible alien author-
  20. 20  ized to reside in a foreign country under section
  21. 21  317A and the spouse or child of such eligible
  22. 22  alien, if appropriate,’’ after ‘‘101(a)(27)(A),’’.
  23. 23  (C) INELIGIBLE ALIENS.—Section
  24. 24  212(a)(7)(A)(i)(I) (8 U.S.C.
  25. 25  1182(a)(7)(A)(i)(I)) is amended by inserting

EAS13500 S.L.C. 341

  1. 1  ‘‘other than an eligible alien authorized to re-
  2. 2  side in a foreign country under section 317A
  3. 3  and the spouse or child of such eligible alien, if
  4. 4  appropriate,’’ after ‘‘Act,’’.
  5. 5  (4) CLERICAL AMENDMENT.—The table of con-
  6. 6  tents of such Act is amended by inserting after the
  7. 7  item relating to section 317 the following:
    ‘‘Sec. 317A. Temporary absence of aliens providing health care in developingcountries.’’.
  8. 8  (b) ATTESTATION BY HEALTH CARE WORKERS.—
  9. 9  (1) ATTESTATION REQUIREMENT.—Section
  10. 10  212(a)(5) (8 U.S.C. 1182(a)(5)) is amended by add-
  11. 11  ing at the end the following:
  12. 12  ‘‘(E) HEALTH CARE WORKERS WITH
  13. 13  OTHER OBLIGATIONS.—
  14. 14  ‘‘(i) IN GENERAL.—An alien who
  15. 15  seeks to enter the United States for the
  16. 16  purpose of performing labor as a physician
  17. 17  or other health care worker is inadmissible
  18. 18  unless the alien submits to the Secretary of
  19. 19  Homeland Security or the Secretary of
  20. 20  State, as appropriate, an attestation that
  21. 21  the alien is not seeking to enter the United
  22. 22  States for such purpose during any period
  23. 23  in which the alien has an outstanding obli-
  24. 24  gation to the government of the alien’s

EAS13500 S.L.C. 342

  1. 1  country of origin or the alien’s country of
  2. 2  residence.
  3. 3  ‘‘(ii) OBLIGATION DEFINED.—In this
  4. 4  subparagraph, the term ‘obligation’ means
  5. 5  an obligation incurred as part of a valid,
  6. 6  voluntary individual agreement in which
  7. 7  the alien received financial assistance to
  8. 8  defray the costs of education or training to
  9. 9  qualify as a physician or other health care
  10. 10  worker in consideration for a commitment
  11. 11  to work as a physician or other health care
  12. 12  worker in the alien’s country of origin or
  13. 13  the alien’s country of residence.
  14. 14  ‘‘(iii) WAIVER.—The Secretary of
  15. 15  Homeland Security may waive a finding of
  16. 16  inadmissibility under clause (i) if the Sec-
  17. 17  retary determines that—
  18. 18  ‘‘(I) the obligation was incurred
  19. 19  by coercion or other improper means;
  20. 20  ‘‘(II) the alien and the govern-
  21. 21  ment of the country to which the alien
  22. 22  has an outstanding obligation have
  23. 23  reached a valid, voluntary agreement,
  24. 24  pursuant to which the alien’s obliga-
  25. 25  tion has been deemed satisfied, or the

EAS13500 S.L.C. 343

  1. 1  alien has shown to the satisfaction of
  2. 2  the Secretary that the alien has been
  3. 3  unable to reach such an agreement
  4. 4  because of coercion or other improper
  5. 5  means; or
  6. 6  ‘‘(III) the obligation should not
  7. 7  be enforced due to other extraordinary
  8. 8  circumstances, including undue hard-
  9. 9  ship that would be suffered by the
  10. 10  alien in the absence of a waiver.’’.
  11. 11  (2) EFFECTIVE DATE.—The amendment made
  12. 12  by paragraph (1) shall take effect on the date that
  13. 13  is 180 days after the date of the enactment of this
  14. 14  Act.
  15. 15  (3) APPLICATION.—Not later than the effective
  16. 16  date described in paragraph (2), the Secretary of
  17. 17  Homeland Security shall begin to carry out subpara-
  18. 18  graph (E) of section 212(a)(5) of the Immigration
  19. 19  and Nationality Act, as added by paragraph (1), in-
  20. 20  cluding the requirement for the attestation and the
  21. 21  granting of a waiver described in clause (iii) of such
  22. 22  subparagraph (E), regardless of whether regulations
  23. 23  to implement such subparagraph have been promul-
  24. 24  gated.

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SEC. 2317. EXTENSION AND IMPROVEMENT OF THE IRAQI SPECIAL IMMIGRANT VISA PROGRAM.

The Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note) is amended—

(1) in section 1242, by amended subsection (c) to read as follows:

‘‘(c) IMPROVED APPLICATION PROCESS.—Not later than 120 days after the date of the enactment of the Bor- der Security, Economic Opportunity, and Immigration Modernization Act, the Secretary of State and the Sec- retary of Homeland Security, in consultation with the Sec- retary of Defense, shall improve the efficiency by which applications for special immigrant visas under section 1244(a) are processed so that all steps incidental to the issuance of such visas, including required screenings and background checks, are completed not later than 9 months after the date on which an eligible alien applies for such visa.’’; and

(2) in section 1244— (A) subsection (b)—

(i) in paragraph (1)—
(I) by amending subparagraph

(B) to read as follows:
‘‘(B) was or is employed in Iraq on or

after March 20, 2003, for not less than 1 year, by, or on behalf of—

EAS13500 S.L.C. 345

  1. 1  ‘‘(i) the United States Government;
  2. 2  ‘‘(ii) a media or nongovernmental or-
  3. 3  ganization headquartered in the United
  4. 4  States; or
  5. 5  ‘‘(iii) an organization or entity closely
  6. 6  associated with the United States mission
  7. 7  in Iraq that has received United States
  8. 8  Government funding through an official
  9. 9  and documented contract, award, grant, or
  10. 10  cooperative agreement;’’;
  11. 11  (II) in subparagraph (C), by
  12. 12  striking ‘‘United States Government’’
  13. 13  and inserting ‘‘an entity or organiza-
  14. 14  tion described in subparagraph (B)’’;
  15. 15  and
  16. 16  (III) in subparagraph (D), by
  17. 17  striking by striking ‘‘United States
  18. 18  Government.’’ and inserting ‘‘such en-
  19. 19  tity or organization.’’;
  20. 20  (ii) in paragraph (4)—
  21. 21  (I) by striking ‘‘A recommenda-
  22. 22  tion’’ and inserting the following:
  23. 23  ‘‘(A) IN GENERAL.—Except as provided
  24. 24  under subparagraph (B), a recommendation’’;

EAS13500 S.L.C. 346

  1. 1  (II) by striking ‘‘United States
  2. 2  Government prior’’ and inserting ‘‘an
  3. 3  entity or organization described in
  4. 4  paragraph (1)(B) prior’’; and
  5. 5  (III) by adding at the end the
  6. 6  following:
  7. 7  ‘‘(B) REVIEW PROCESS FOR DENIAL BY
  8. 8  CHIEF OF MISSION.—
  9. 9  ‘‘(i) IN GENERAL.—An applicant who
  10. 10  has been denied Chief of Mission approval
  11. 11  required by subparagraph (A) shall—
  12. 12  ‘‘(I) receive a written decision;
  13. 13  and
  14. 14  ‘‘(II) be provided 120 days from
  15. 15  the date of the decision to request re-
  16. 16  opening of the decision to provide ad-
  17. 17  ditional information, clarify existing
  18. 18  information, or explain any unfavor-
  19. 19  able information.
  20. 20  ‘‘(ii) SENIOR COORDINATOR.—The
  21. 21  Secretary of State shall designate, in the
  22. 22  Embassy of the United States in Baghdad,
  23. 23  Iraq, a senior coordinator responsible for
  24. 24  overseeing the efficiency and integrity of

EAS13500 S.L.C. 347

  1. 1  the processing of special immigrant visas
  2. 2  under this section, who shall be given—
  3. 3  ‘‘(I) sufficiently high security
  4. 4  clearance to review Chief of Mission
  5. 5  denials in cases that appear to have
  6. 6  relied upon insufficient or incorrect
  7. 7  information; and
  8. 8  ‘‘(II) responsibility for ensuring
  9. 9  that an applicant described in clause
  10. 10  (i) receives the information described
  11. 11  in clause (i)(I).’’; and
  12. 12  (B) in subsection (c)(3), by adding at the
  13. 13  end the following:
  14. 14  ‘‘(C) SUBSEQUENT FISCAL YEARS.—Not-
  15. 15  withstanding subparagraphs (A) and (B), and
  16. 16  consistent with subsection (b), any unused bal-
  17. 17  ance of the total number of principal aliens who
  18. 18  may be provided special immigrant status under
  19. 19  this section in fiscal years 2008 through 2012
  20. 20  may be carried forward and provided through
  21. 21  the end of fiscal year 2018.’’; and
  22. 22  (3) in section 1248, by adding at the end the
  23. 23  following:
  24. 24  ‘‘(f) REPORT ON IMPROVEMENTS.—

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‘‘(1) IN GENERAL.—Not later than 120 days after the date of the enactment of the Border Secu- rity, Economic Opportunity, and Immigration Mod- ernization Act, the Secretary of State and the Sec- retary of Homeland Security, in consultation with the Secretary of Defense, shall submit a report, with a classified annex, if necessary, to—

‘‘(A) the Committee on the Judiciary of the Senate;

‘‘(B) the Committee on Foreign Relations of the Senate;

‘‘(C) the Committee on the Judiciary of the House of Representatives; and

‘‘(D) the Committee on Foreign Affairs of the House of Representatives.
‘‘(2) CONTENTS.—The report submitted under

paragraph (1) shall describe the implementation of improvements to the processing of applications for special immigrant visas under section 1244(a), in- cluding information relating to—

‘‘(A) enhancing existing systems for con- ducting background and security checks of per- sons applying for special immigrant status, which shall—

‘‘(i) support immigration security; and

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‘‘(ii) provide for the orderly processing of such applications without delay;
‘‘(B) the financial, security, and personnel

considerations and resources necessary to carry out this subtitle;

‘‘(C) the number of aliens who have ap- plied for special immigrant visas under section 1244 during each month of the preceding fiscal year;

‘‘(D) the reasons for the failure to expedi- tiously process any applications that have been pending for longer than 9 months;

‘‘(E) the total number of applications that are pending due to the failure—

‘‘(i) to receive approval from the Chief of Mission;

‘‘(ii) for U.S. Citizenship and Immi- gration Services to complete the adjudica- tion of the Form I–360;

‘‘(iii) to conduct a visa interview; or

‘‘(iv) to issue the visa to an eligible alien;

‘‘(F) the average wait times for an appli- cant at each of the stages described in subpara- graph (E);

EAS13500 S.L.C. 350

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‘‘(G) the number of denials or rejections at each of the stages described in subparagraph (E); and

‘‘(H) a breakdown of reasons for denials at by the Chief of Mission based on the categories already made available to denied special immi- grant visa applicants in the denial letter sent to them by the Chief of Mission.
PUBLIC QUARTERLY REPORTS .—Not later than

  1. 10  120 days after the date of the enactment of the Border
  2. 11  Security, Economic Opportunity, and Immigration Mod-
  3. 12  ernization Act, and every 3 months thereafter, the Sec-
  4. 13  retary of State and the Secretary of Homeland Security,
  5. 14  in consultation with the Secretary of Defense, shall pub-
  6. 15  lish a report on the website of the Department of State
  7. 16  that describes the efficiency improvements made in the
  8. 17  process by which applications for special immigrant visas
  9. 18  under section 1244(a) are processed, including informa-
  10. 19  tion described in subparagraphs (C) through (H) of sub-
  11. 20  section (f)(2).’’.
  12. 21  SEC. 2318. EXTENSION AND IMPROVEMENT OF THE AF-
  13. 22  GHAN SPECIAL IMMIGRANT VISA PROGRAM.
  14. 23  Section 602(b) of the Afghan Allies Protection Act
  15. 24  of 2009 (8 U.S.C. 1101 note) is amended—
  16. 25  (1) in paragraph (2)—

EAS13500 S.L.C. 351

  1. 1  (A) in subparagraph (A)—
  2. 2  (i) by amending clause (ii) to read as
  3. 3  follows:
  4. 4  ‘‘(ii) was or is employed in Afghani-
  5. 5  stan on or after October 7, 2001, for not
  6. 6  less than 1 year, by, or on behalf of—
  7. 7  ‘‘(I) the United States Govern-
  8. 8  ment;
  9. 9  ‘‘(II) a media or nongovern-
  10. 10  mental organization headquartered in
  11. 11  the United States; or
  12. 12  ‘‘(III) an organization or entity
  13. 13  closely associated with the United
  14. 14  States mission in Afghanistan that
  15. 15  has received United States Govern-
  16. 16  ment funding through an official and
  17. 17  documented contract, award, grant, or
  18. 18  cooperative agreement;’’;
  19. 19  (ii) in clause (iii), by striking ‘‘United
  20. 20  States Government’’ and inserting ‘‘an en-
  21. 21  tity or organization described in clause
  22. 22  (ii)’’; and
  23. 23  (iii) in clause (iv), by striking by
  24. 24  striking ‘‘United States Government.’’ and
  25. 25  inserting ‘‘such entity or organization.’’;

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(B) by amending subparagraph (B) to read as follows:

‘‘(B) FAMILY MEMBERS.—An alien is de- scribed in this subparagraph if the alien is—

‘‘(i) the spouse or minor child of a principal alien described in subparagraph (A) who is accompanying or following to join the principal alien in the United States; or

‘‘(ii)(I) the spouse, child, parent or sibling of a principal alien described in subparagraph (A), whether or not accom- panying or following to join; and

‘‘(II) has experienced or is experi- encing an ongoing serious threat as a con- sequence of the qualifying employment of a principal alien described in subparagraph (A).’’; and
(C) in subparagraph (D)—

(i) by striking ‘‘A recommendation’’ and inserting the following:

‘‘(i) IN GENERAL.—Except as pro- vided under clause (ii), a recommenda- tion’’;

EAS13500 S.L.C. 353

  1. 1  (ii) by striking ‘‘United States Gov-
  2. 2  ernment prior’’ and inserting ‘‘an entity or
  3. 3  organization described in paragraph
  4. 4  (2)(A)(ii) prior’’; and
  5. 5  (iii) by adding at the end the fol-
  6. 6  lowing:
  7. 7  ‘‘(ii) REVIEW PROCESS FOR DENIAL
  8. 8  BY CHIEF OF MISSION.—
  9. 9  ‘‘(I) IN GENERAL.—An applicant
  10. 10  who has been denied Chief of Mission
  11. 11  approval shall—
  12. 12  ‘‘(aa) receive a written deci-
  13. 13  sion; and
  14. 14  ‘‘(bb) be provided 120 days
  15. 15  from the date of receipt of such
  16. 16  opinion to request reconsider-
  17. 17  ation of the decision to provide
  18. 18  additional information, clarify ex-
  19. 19  isting information, or explain any
  20. 20  unfavorable information..
  21. 21  ‘‘(II) SENIOR COORDINATOR.—
  22. 22  The Secretary of State shall des-
  23. 23  ignate, in the Embassy of the United
  24. 24  States in Kabul, Afghanistan, a senior
  25. 25  coordinator responsible for overseeing

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the efficiency and integrity of the processing of special immigrant visas under this section, who shall be given—

‘‘(aa) sufficiently high secu- rity clearance to review Chief of Mission denials in cases that ap- pear to have relied upon insuffi- cient or incorrect information; and

‘‘(bb) responsibility for en- suring that an applicant de- scribed in subclause (I) receives the information described in sub- clause (I)(aa).’’;

(2) in paragraph (3)(C), by amending clause (iii) to read as follows:

‘‘(iii) FISCAL YEARS 2014 THROUGH 2018.—For each of the fiscal years 2014 through 2018, the total number of prin- cipal aliens who may be provided special immigrant status under this section may not exceed the sum of—

‘‘(I) 5,000;

EAS13500 S.L.C. 355

  1. 1  ‘‘(II) the difference between the
  2. 2  number of special immigrant visas al-
  3. 3  located under this section for fiscal
  4. 4  years 2009 through 2013 and the
  5. 5  number of such allocated visas that
  6. 6  were issued; and
  7. 7  ‘‘(III) any unused balance of the
  8. 8  total number of principal aliens who
  9. 9  may be provided special immigrant
  10. 10  status in fiscal years 2014 through
  11. 11  2018 that have been carried for-
  12. 12  ward.’’;
  13. 13  (3) in paragraph (4)—
  14. 14  (A) in the heading, by striking ‘‘PROHIBI-
  15. 15  TION ON FEES.—’’and inserting ‘‘APPLICATION
  16. 16  PROCESS.—’’;
  17. 17  (B) by striking ‘‘The Secretary’’ and in-
  18. 18  serting the following:
  19. 19  ‘‘(A) IN GENERAL.—Not later than 120
  20. 20  days after the date of enactment of the Border
  21. 21  Security, Economic Opportunity, and Immigra-
  22. 22  tion Modernization Act, the Secretary of State
  23. 23  and the Secretary of Homeland Security, in
  24. 24  consultation with the Secretary of Defense,
  25. 25  shall improve the efficiency by which applica-

EAS13500 S.L.C. 356

  1. 1  tions for special immigrant visas under para-
  2. 2  graph (1) are processed so that all steps inci-
  3. 3  dental to the issuance of such visas, including
  4. 4  required screenings and background checks, are
  5. 5  completed not later than 6 months after the
  6. 6  date on which an eligible alien applies for such
  7. 7  visa.
  8. 8  ‘‘(B) PROHIBITION ON FEES.—The Sec-
  9. 9  retary’’; and
  10. 10  (4) by adding at the end the following:
  11. 11  ‘‘(12) REPORT ON IMPROVEMENTS.—Not later
  12. 12  than 120 days after the date of the enactment of the
  13. 13  Border Security, Economic Opportunity, and Immi-
  14. 14  gration Modernization Act, the Secretary of State
  15. 15  and the Secretary of Homeland Security, in con-
  16. 16  sultation with the Secretary of Defense, shall submit
  17. 17  to the appropriate committees a report, with a clas-
  18. 18  sified annex, if necessary, that describes the imple-
  19. 19  mentation of improvements to the processing of ap-
  20. 20  plications for special immigrant visas under this sub-
  21. 21  section, including information relating to—
  22. 22  ‘‘(A) enhancing existing systems for con-
  23. 23  ducting background and security checks of per-
  24. 24  sons applying for special immigrant status,
  25. 25  which shall—

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‘‘(i) support immigration security; and

‘‘(ii) provide for the orderly processing of such applications without delay;
‘‘(B) the financial, security, and personnel

considerations and resources necessary to carry out this section;

‘‘(C) the number of aliens who have ap- plied for special immigrant visas under this subsection during each month of the preceding fiscal year;

‘‘(D) the reasons for the failure to expedi- tiously process any applications that have been pending for longer than 9 months;

‘‘(E) the total number of applications that are pending due to the failure—

‘‘(i) to receive approval from the Chief of Mission;

‘‘(ii) for U.S. Citizenship and Immi- gration Services to complete the adjudica- tion of the Form I–360;

‘‘(iii) to conduct a visa interview; or

‘‘(iv) to issue the visa to an eligible alien;

EAS13500 S.L.C. 358

  1. 1  ‘‘(F) the average wait times for an appli-
  2. 2  cant at each of the stages described in subpara-
  3. 3  graph (E);
  4. 4  ‘‘(G) the number of denials or rejections at
  5. 5  each of the stages described in subparagraph
  6. 6  (E); and
  7. 7  ‘‘(H) a breakdown of reasons for denials
  8. 8  by the Chief of Mission based on the categories
  9. 9  already made available to denied special immi-
  10. 10  grant visa applicants in the denial letter sent to
  11. 11  them by the Chief of Mission.
  12. 12  ‘‘(13) PUBLIC QUARTERLY REPORTS .—Not
  13. 13  later than 120 days after the date of the enactment
  14. 14  of the Border Security, Economic Opportunity, and
  15. 15  Immigration Modernization Act, and every 3 months
  16. 16  thereafter, the Secretary of State and the Secretary
  17. 17  of Homeland Security, in consultation with the Sec-
  18. 18  retary of Defense, shall publish a report on the
  19. 19  website of the Department of State that describes
  20. 20  the efficiency improvements made in the process by
  21. 21  which applications for special immigrant visas under
  22. 22  this subsection are processed, including information
  23. 23  described in subparagraph (C) through (H) of para-
  24. 24  graph (12).’’.

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SEC. 2319. ELIMINATION OF SUNSETS FOR CERTAIN VISA PROGRAMS.

(a) SPECIAL IMMIGRANT NONMINISTER RELIGIOUS WORKER PROGRAM.—Section 101(a)(27)(C)(ii) (8 U.S.C. 1101 (a)(27)(C)(ii)) is amended in subclauses (II) and (III) by striking ‘‘before September 30, 2015,’’ both places such term appears.

(b) EB -5 REGIONAL CENTER PROGRAM.—Section 610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (Public Law 102–395; 8 U.S.C. 1153 note) is amended by striking ‘‘until September 30, 2015’’.

Subtitle D—Conrad State 30 and Physician Access

SEC. 2401. CONRAD STATE 30 PROGRAM.

Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103–416; 8 U.S.C. 1182 note) is amended by striking ‘‘and before September 30, 2015’’.
SEC. 2402. RETAINING PHYSICIANS WHO HAVE PRACTICED

IN MEDICALLY UNDERSERVED COMMU-

NITIES.

Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 217(b), is further amended by adding at the end the following:

EAS13500 S.L.C. 360

  1. 1  ‘‘(L)(i) Alien physicians who have completed
  2. 2  service requirements of a waiver requested under
  3. 3  section 203(b)(2)(B)(ii), including alien physicians
  4. 4  who completed such service before the date of the
  5. 5  enactment of the Border Security, Economic Oppor-
  6. 6  tunity, and Immigration Modernization Act and any
  7. 7  spouses or children of such alien physicians.
  8. 8  ‘‘(ii) Nothing in this subparagraph may be con-
  9. 9  strued—
  10. 10  ‘‘(I) to prevent the filing of a petition with
  11. 11  the Secretary of Homeland Security for classi-
  12. 12  fication under section 204(a) or the filing of an
  13. 13  application for adjustment of status under sec-
  14. 14  tion 245 by an alien physician described in this
  15. 15  subparagraph prior to the date by which such
  16. 16  alien physician has completed the service de-
  17. 17  scribed in section 214(l) or worked full-time as
  18. 18  a physician for an aggregate of 5 years at the
  19. 19  location identified in the section 214(l) waiver
  20. 20  or in an area or areas designated by the Sec-
  21. 21  retary of Health and Human Services as having
  22. 22  a shortage of health care professionals; or
  23. 23  ‘‘(II) to permit the Secretary of Homeland
  24. 24  Security to grant such a petition or application

EAS13500 S.L.C. 361

  1. 1  until the alien has satisfied all the requirements
  2. 2  of the waiver received under section 214(l).’’.
  3. 3  SEC. 2403. EMPLOYMENT PROTECTIONS FOR PHYSICIANS.
  4. 4  (a) IN GENERAL.—Section 214(l)(1)(C) (8 U.S.C.
  5. 5  1184(l)(1)(C)) is amended by striking clauses (i) and (ii)
  6. 6  and inserting the following:
  7. 7  ‘‘(i) the alien demonstrates a bona fide
  8. 8  offer of full-time employment, at a health care
  9. 9  organization, which employment has been deter-
  10. 10  mined by the Secretary of Homeland Security
  11. 11  to be in the public interest; and
  12. 12  ‘‘(ii) the alien agrees to begin employment
  13. 13  with the health facility or health care organiza-
  14. 14  tion in a geographic area or areas which are
  15. 15  designated by the Secretary of Health and
  16. 16  Human Services as having a shortage of health
  17. 17  care professionals by the later of the date that
  18. 18  is 90 days after receiving such waiver, 90 days
  19. 19  after completing graduate medical education or
  20. 20  training under a program approved pursuant to
  21. 21  section 212(j)(1), or 90 days after receiving
  22. 22  nonimmigrant status or employment authoriza-
  23. 23  tion, and agrees to continue to work for a total
  24. 24  of not less than 3 years in any status author-

EAS13500 S.L.C. 362

  1. 1  ized for such employment under this subsection
  2. 2  unless—
  3. 3  ‘‘(I) the Secretary determines that ex-
  4. 4  tenuating circumstances exist that justify a
  5. 5  lesser period of employment at such facility
  6. 6  or organization, in which case the alien
  7. 7  shall demonstrate another bona fide offer
  8. 8  of employment at a health facility or
  9. 9  health care organization, for the remainder
  10. 10  of such 3-year period;
  11. 11  ‘‘(II) the interested State agency that
  12. 12  requested the waiver attests that extenu-
  13. 13  ating circumstances exist that justify a
  14. 14  lesser period of employment at such facility
  15. 15  or organization in which case the alien
  16. 16  shall demonstrate another bona fide offer
  17. 17  of employment at a health facility or
  18. 18  health care organization so designated by
  19. 19  the Secretary of Health and Human Serv-
  20. 20  ices, for the remainder of such 3-year pe-
  21. 21  riod; or
  22. 22  ‘‘(III) if the alien elects not to pursue
  23. 23  a determination of extenuating cir-
  24. 24  cumstances pursuant to subclause (I) or
  25. 25  (II), the alien terminates the alien’s em-

EAS13500 S.L.C. 363

  1. 1  ployment relationship with such facility or
  2. 2  organization, in which case the alien shall
  3. 3  be employed for the remainder of such 3-
  4. 4  year period, and 1 additional year for each
  5. 5  termination, at another health facility or
  6. 6  health care organization in a geographic
  7. 7  area or areas which are designated by the
  8. 8  Secretary of Health and Human Services
  9. 9  as having a shortage of health care profes-
  10. 10  sionals; and’’.
  11. 11  (b) CONTRACT REQUIREMENTS.—Section 214(l) (8
  12. 12  U.S.C. 1184(l)) is amended by adding at the end the fol-
  13. 13  lowing:
  14. 14  ‘‘(4) An alien granted a waiver under paragraph
  15. 15  (1)(C) shall enter into an employment agreement with the
  16. 16  contracting health facility or health care organization
  17. 17  that—
  18. 18  ‘‘(A) specifies the maximum number of on-call
  19. 19  hours per week (which may be a monthly average)
  20. 20  that the alien will be expected to be available and
  21. 21  the compensation the alien will receive for on-call
  22. 22  time;
  23. 23  ‘‘(B) specifies whether the contracting facility
  24. 24  or organization will pay for the alien’s malpractice
  25. 25  insurance premiums, including whether the employer

EAS13500 S.L.C. 364

  1. 1  will provide malpractice insurance and, if so, the
  2. 2  amount of such insurance that will be provided;
  3. 3  ‘‘(C) describes all of the work locations that the
  4. 4  alien will work and a statement that the contracting
  5. 5  facility or organization will not add additional work
  6. 6  locations without the approval of the Federal agency
  7. 7  or State agency that requested the waiver; and
  8. 8  ‘‘(D) does not include a non-compete provision.
  9. 9  ‘‘(5) An alien granted a waiver under paragraph
  10. 10  (1)(C) whose employment relationship with a health facil-
  11. 11  ity or health care organization terminates during the 3-

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service period required by such paragraph—
‘‘(A) shall have a period of 120 days beginning on the date of such termination of employment to submit to the Secretary of Homeland Security appli- cations or petitions to commence employment with another contracting health facility or health care or- ganization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care profes-

sionals; and
‘‘(B) shall be considered to be maintaining law-

ful status in an authorized stay during the 120-day period referred to in subsection (A).’’.

EAS13500 S.L.C. 365

  1. 1  SEC. 2404. ALLOTMENT OF CONRAD 30 WAIVERS.
  2. 2  (a) IN GENERAL.—Section 214(l) (8 U.S.C. 1184(l)),
  3. 3  as amended by section 333(b), is further amended by add-
  4. 4  ing at the end the following:
  5. 5  ‘‘(6)(A)(i) All States shall be allotted a total of 35
  6. 6  waivers under paragraph (1)(B) for a fiscal year if 90 per-
  7. 7  cent of the waivers available to the States receiving at
  8. 8  least 5 waivers were used in the previous fiscal year.
  9. 9  ‘‘(ii) When an allocation has occurred under clause
  10. 10  (i), all States shall be allotted an additional 5 waivers
  11. 11  under paragraph (1)(B) for each subsequent fiscal year
  12. 12  if 90 percent of the waivers available to the States receiv-
  13. 13  ing at least 5 waivers were used in the previous fiscal year.
  14. 14  If the States are allotted 45 or more waivers for a fiscal
  15. 15  year, the States will only receive an additional increase
  16. 16  of 5 waivers the following fiscal year if 95 percent of the
  17. 17  waivers available to the States receiving at least 1 waiver
  18. 18  were used in the previous fiscal year.
  19. 19  ‘‘(B) Any increase in allotments under subparagraph
  20. 20  (A) shall be maintained indefinitely, unless in a fiscal year,
  21. 21  the total number of such waivers granted is 5 percent
  22. 22  lower than in the last year in which there was an increase
  23. 23  in the number of waivers allotted pursuant to this para-
  24. 24  graph, in which case—

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‘‘(i) the number of waivers allotted shall be de- creased by 5 for all States beginning in the next fis- cal year; and

‘‘(ii) each additional 5 percent decrease in such waivers granted from the last year in which there was an increase in the allotment, shall result in an additional decrease of 5 waivers allotted for all States, provided that the number of waivers allotted for all States shall not drop below 30.’’.
(b) ACADEMIC MEDICAL CENTERS.—Section

214(l)(1)(D) (8 U.S.C. 1184(l)(1)(D)) is amended—
(1) in clause (ii), by striking ‘‘and’’ at the end; (2) in clause (iii), by striking the period at the

end and inserting ‘‘; and’’; and
(3) by adding at the end the following:

‘‘(iv) in the case of a request by an inter- ested State agency—

‘‘(I) the head of such agency deter- mines that the alien is to practice medicine in, or be on the faculty of a residency pro- gram at, an academic medical center (as that term is defined in section 411.355(e)(2) of title 42, Code of Federal Regulation, or similar successor regula- tion), without regard to whether such facil-

EAS13500 S.L.C. 367

  1. 1  ity is located within an area designated by
  2. 2  the Secretary of Health and Human Serv-
  3. 3  ices as having a shortage of health care
  4. 4  professionals; and
  5. 5  ‘‘(II) the head of such agency deter-
  6. 6  mines that—
  7. 7  ‘‘(aa) the alien physician’s work
  8. 8  is in the public interest; and
  9. 9  ‘‘(bb) the grant of such waiver
  10. 10  would not cause the number of the
  11. 11  waivers granted on behalf of aliens for
  12. 12  such State for a fiscal year (within
  13. 13  the limitation in subparagraph (B)
  14. 14  and subject to paragraph (6)) in ac-
  15. 15  cordance with the conditions of this
  16. 16  clause to exceed 3.’’.
  17. 17  SEC. 2405. AMENDMENTS TO THE PROCEDURES, DEFINI-
  18. 18  TIONS, AND OTHER PROVISIONS RELATED TO
  19. 19  PHYSICIAN IMMIGRATION.
  20. 20  (a) DUAL INTENT FOR PHYSICIANS SEEKING GRAD-
  21. 21  UATE MEDICAL TRAINING.—Section 214(b) (8 U.S.C.
  22. 22  1184(b)) is amended by striking ‘‘(other than a non-
  23. 23  immigrant described in subparagraph (L) or (V) of section
  24. 24  101(a)(15), and other than a nonimmigrant described in
  25. 25  any provision of section 101(a)(15)(H)(i) except subclause

EAS13500 S.L.C. 368

  1. 1  (b1) of such section)’’ and inserting ‘‘(other than a non-
  2. 2  immigrant described in subparagraph (L) or (V) of section
  3. 3  101(a)(15), a nonimmigrant described in any provision of
  4. 4  section 101(a)(15)(H)(i), except subclause (b1) of such
  5. 5  section, and an alien coming to the United States to re-
  6. 6  ceive graduate medical education or training as described
  7. 7  in section 212(j) or to take examinations required to re-
  8. 8  ceive graduate medical education or training as described
  9. 9  in section 212(j))’’.
  10. 10  (b) ALLOWABLE VISA STATUS FOR PHYSICIANS FUL-
  11. 11  FILLING WAIVER REQUIREMENTS IN MEDICALLY UNDER-
  12. 12  SERVED AREAS.—Section 214(l)(2)(A) (8 U.S.C.
  13. 13  1184(l)(2)(A)) is amended by striking ‘‘an alien described
  14. 14  in section 101(a)(15)(H)(i)(b).’’ and inserting ‘‘any status
  15. 15  authorized for employment under this Act.’’.
  16. 16  (c) PHYSICIAN NATIONAL INTEREST WAIVER CLARI-
  17. 17  FICATIONS.—Section 203(b)(2)(B)(ii)(I) (8 U.S.C.
  18. 18  1153(b)(2)(B)(ii)(I)) is amended by striking items (aa)
  19. 19  and (bb) and inserting the following:
  20. 20  ‘‘(aa) the alien physician agrees to
  21. 21  work on a full-time basis practicing pri-
  22. 22  mary care, specialty medicine, or a com-
  23. 23  bination thereof, in an area or areas des-
  24. 24  ignated by the Secretary of Health and
  25. 25  Human Services as having a shortage of

EAS13500 S.L.C. 369

  1. 1  health care professionals, or at a health
  2. 2  care facility under the jurisdiction of the
  3. 3  Secretary of Veterans Affairs; or
  4. 4  ‘‘(bb) the alien physician is pursuing
  5. 5  such waiver based upon service at a facility
  6. 6  or facilities that serve patients who reside
  7. 7  in a geographic area or areas designated
  8. 8  by the Secretary of Health and Human
  9. 9  Services as having a shortage of health
  10. 10  care professionals (without regard to
  11. 11  whether such facility or facilities are lo-
  12. 12  cated within such an area) and a Federal
  13. 13  agency, or a local, county, regional, or
  14. 14  State department of public health deter-
  15. 15  mines the alien physician’s work was or
  16. 16  will be in the public interest.’’.
  17. 17  (d) SHORT TERM WORK AUTHORIZATION FOR PHY-
  18. 18  SICIANS COMPLETING THEIR RESIDENCIES.—A physician
  19. 19  completing graduate medical education or training as de-
  20. 20  scribed in section 212(j) of the Immigration and Nation-
  21. 21  ality Act (8 U.S.C. 1182(j)) as a nonimmigrant described
  22. 22  section 101(a)(15)(H)(i) of such Act (8 U.S.C.
  23. 23  1101(a)(15)(H)(i)) shall have such nonimmigrant status
  24. 24  automatically extended until October 1 of the fiscal year
  25. 25  for which a petition for a continuation of such non-

EAS13500 S.L.C. 370

  1. 1  immigrant status has been submitted in a timely manner
  2. 2  and where the employment start date for the beneficiary
  3. 3  of such petition is October 1 of that fiscal year. Such phy-
  4. 4  sician shall be authorized to be employed incident to status
  5. 5  during the period between the filing of such petition and
  6. 6  October 1 of such fiscal year. However, the physician’s
  7. 7  status and employment authorization shall terminate 30
  8. 8  days from the date such petition is rejected, denied or re-
  9. 9  voked. A physician’s status and employment authorization
  10. 10  will automatically extend to October 1 of the next fiscal
  11. 11  year if all visas as described in such section
  12. 12  101(a)(15)(H)(i) authorized to be issued for the fiscal
  13. 13  year have been issued.
  14. 14  (e) APPLICABILITY OF SECTION 212(e) TO SPOUSES
  15. 15  AND CHILDREN OF J–1 EXCHANGE VISITORS.—A spouse
  16. 16  or child of an exchange visitor described in section
  17. 17  101(a)(15)(J) of the Immigration and Nationality Act (8
  18. 18  U.S.C. 1101(a)(15)(J)) shall not be subject to the require-
  19. 19  ments of section 212(e) of the Immigration and Nation-
  20. 20  ality Act (8 U.S.C. 1182(e)).
  21. 21  Subtitle E—Integration
  22. 22  SEC. 2501. DEFINITIONS.
  23. 23  In this subtitle:
  24. 24  (1) CHIEF.—The term ‘‘Chief’’ means the Chief
  25. 25  of the Office.

EAS13500 S.L.C. 371

  1. 1  (2) FOUNDATION.—The term ‘‘Foundation’’
  2. 2  means the United States Citizenship Foundation es-
  3. 3  tablished pursuant to section 2531.
  4. 4  (3) IEACA GRANTS.—The term ‘‘IEACA
  5. 5  grants’’ means Initial Entry, Adjustment, and Citi-
  6. 6  zenship Assistance grants authorized under section
  7. 7  2537.
  8. 8  (4) IMMIGRANT INTEGRATION.—The term ‘‘im-
  9. 9  migrant integration’’ means the process by which
  10. 10  immigrants—
  11. 11  (A) join the mainstream of civic life by en-
  12. 12  gaging and sharing ownership in their local
  13. 13  community, the United States, and the prin-
  14. 14  ciples of the Constitution;
  15. 15  (B) attain financial self-sufficiency and up-
  16. 16  ward economic mobility for themselves and their
  17. 17  family members; and
  18. 18  (C) acquire English language skills and re-
  19. 19  lated cultural knowledge necessary to effectively
  20. 20  participate in their community.
  21. 21  (5) LINGUISTIC INTEGRATION.—The term ‘‘lin-
  22. 22  guistic integration’’ means the acquisition, by limited
  23. 23  English proficient individuals, of English language
  24. 24  skills and related cultural knowledge necessary to

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meaningfully and effectively fulfill their roles as community members, family members, and workers. (6) OFFICE.—The term ‘‘Office’’ means the Of- fice of Citizenship and New Americans established in U.S. Citizenship and Immigration Services under

section 2511.
(7) RECEIVING COMMUNITIES.—The term ‘‘re-

ceiving communities’’ means the long-term residents of the communities in which immigrants settle.

(8) TASK FORCE.—The term ‘‘Task Force’’ means the Task Force on New Americans estab- lished pursuant to section 2521.

(9) USCF COUNCIL.—The term ‘‘USCF Coun- cil’’ means the Council of Directors of the Founda- tion.

CHAPTER 1—CITIZENSHIP AND NEW AMERICANS
Subchapter A—Office of Citizenship and New Americans
SEC. 2511. OFFICE OF CITIZENSHIP AND NEW AMERICANS.

(a) RENAMING OFFICE OF CITIZENSHIP.—
(1) IN GENERAL.—Beginning on the date of the enactment of this Act, the Office of Citizenship in U.S. Citizenship and Immigration Services shall be

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referred to as the ‘‘Office of Citizenship and New Americans’’.

(2) REFERENCES.—Any reference in a law, reg- ulation, document, paper, or other record of the United States to the Office of Citizenship in U.S. Citizenship and Immigration Services shall be deemed to be a reference to the Office of Citizenship and New Americans.

(3) TECHNICAL AND CONFORMING AMEND- MENTS.—Section 451 of the Homeland Security Act of 2002 (6 U.S.C. 271) is amended—

(A) in the section heading, by striking ‘‘BUREAU OF’’ and inserting ‘‘U.S.’’;

(B) in subsection (a)(1), by striking ‘‘the ’Bureau of’’ and inserting ‘‘’U.S.’’;

(C) by striking ‘‘the Bureau of’’ each place such terms appears and inserting ‘‘U.S.’’; and

(D) in subsection (f)—
(i) by amending the subsection head-

ing to read as follows: ‘‘OFFICE OF CITI- ZENSHIP AND NEW AMERICANS’’; and

(ii) by striking paragraph (1) and in- serting the following:

‘‘(1) CHIEF.—The Office of Citizenship and New Americans shall be within U.S. Citizenship and

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Immigration Services and shall be headed by the Chief of the Office of Citizenship and New Ameri- cans.’’.
(b) FUNCTIONS.—Section 451(f) of such Act (6

U.S.C. 271(f)), as amended by subsection (a)(3)(D), is further amended by striking paragraph (2) and inserting the following:

‘‘(2) FUNCTIONS.—The Chief of the Office of Citizenship and New Americans shall—

‘‘(A) promote institutions and training on citizenship responsibilities for aliens interested in becoming naturalized citizens of the United States, including the development of edu- cational materials for such aliens;

‘‘(B) provide general leadership, consulta- tion, and coordination of the immigrant integra- tion programs across the Federal Government and with State and local entities;

‘‘(C) advise the Director of U.S. Citizen- ship and Immigration Services, the Secretary of Homeland Security, and the Domestic Policy Council on—

‘‘(i) the challenges and opportunities relating to the linguistic, economic, and civic integration of immigrants and their

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young children and progress in meeting in- tegration goals and indicators; and

‘‘(ii) immigrant integration consider- ations relating to Federal budgets;
‘‘(D) establish national goals for intro-

ducing new immigrants into the United States and measure the degree to which such goals are met;

‘‘(E) evaluate the scale, quality, and effec- tiveness of Federal Government efforts in immi- grant integration and provide advice on appro- priate actions;

‘‘(F) identify the integration implications of new or proposed immigration policies and provide recommendations for addressing such implications;

‘‘(G) continue the efforts of the Task Force on New Americans established by Execu- tive Order 13404 (71 Fed. Reg. 33593);

‘‘(H) serve as a liaison and intermediary with State and local governments and other en- tities to assist in establishing local goals, task forces, and councils to assist in—

‘‘(i) introducing immigrants into the United States; and

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‘‘(ii) promoting citizenship education and awareness among aliens interested in becoming naturalized citizens of the United States;
‘‘(I) coordinate with other Federal agencies

to provide information to State and local gov- ernments on the demand for existing Federal and State English acquisition and citizenship education programs and best practices for im- migrants who recently arrived in the United States;

‘‘(J) assist States in coordinating the ac- tivities of the grant programs authorized under sections 2537 and 2538 of the Border Security, Economic Opportunity, and Immigration Mod- ernization Act;

‘‘(K) submit a biennial report to the appro- priate congressional committees that describes the activities of the Office of Citizenship and New Americans; and

‘‘(L) carry out such other functions and activities as Secretary may assign.’’.

(c) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of the enactment of this Act.

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Subchapter B—Task Force on New Americans

SEC. 2521. ESTABLISHMENT.

(a) IN GENERAL.—The Secretary shall establish a Task Force on New Americans.

(b) FULLY FUNCTIONAL.—The Task Force shall be fully functional not later than 18 months after the date of the enactment of this Act.
SEC. 2522. PURPOSE.

The purposes of the Task Force are—
(1) to establish a coordinated Federal program

and policy response to immigrant integration issues; and

(2) to advise and assist the Secretary in identi- fying and fostering policies to carry out the policies and goals established under this chapter.

SEC. 2523. MEMBERSHIP.

(a) IN GENERAL.—The Task Force shall be com- prised of—

(1) the Secretary, who shall serve as Chair of the Task Force;

(2) the Secretary of the Treasury; (3) the Attorney General;
(4) the Secretary of Commerce; (5) the Secretary of Labor;

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(6) the Secretary of Health and Human Serv- ices;

(7) the Secretary of Housing and Urban Devel- opment;

(8) the Secretary of Transportation;
(9) the Secretary of Education;
(10) the Director of the Office of Management

and Budget;
(11) the Administrator of the Small Business

Administration;
(12) the Director of the Domestic Policy Coun-

cil; and
(13) the Director of the National Economic

Council.

(b) DELEGATION.—A member of the Task Force may delegate a senior official, at the Assistant Secretary, Dep- uty Administrator, Deputy Director, or Assistant Attorney General level to perform the functions of a Task Force member described in section 2524.
SEC. 2524. FUNCTIONS.

(a) MEETINGS; FUNCTIONS.—The Task Force shall—

(1) meet at the call of the Chair; and

(2) perform such functions as the Secretary may prescribe.

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(b) COORDINATED RESPONSE.—The Task Force shall work with executive branch agencies—

(1) to provide a coordinated Federal response to issues that impact the lives of new immigrants and receiving communities, including—

(A) access to youth and adult education programming;

(B) workforce training;
(C) health care policy;
(D) access to naturalization; and
(E) community development challenges;

and

(2) to ensure that Federal programs and poli- cies adequately address such impacts.
(c) LIAISONS.—Members of the Task Force shall

serve as liaisons to their respective agencies to ensure the quality and timeliness of their agency’s participation in ac- tivities of the Task Force, including—

(1) creating integration goals and indicators;

(2) implementing the biannual consultation process with the agency’s State and local counter- parts; and

(3) reporting on agency data collection, policy, and program efforts relating to achieving the goals and indicators referred to in paragraph (1).

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(d) RECOMMENDATIONS.—Not later than 18 months after the end of the period specified in section 2521(b), the Task Force shall—

(1) provide recommendations to the Domestic Policy Council and the Secretary on the effects of pending legislation and executive branch policy pro- posals;

(2) suggest changes to Federal programs or policies to address issues of special importance to new immigrants and receiving communities;

(3) review and recommend changes to policies that have a distinct impact on new immigrants and receiving communities; and

(4) assist in the development of legislative and policy proposals of special importance to new immi- grants and receiving communities.

CHAPTER 2—PUBLIC-PRIVATE PARTNERSHIP
SEC. 2531. ESTABLISHMENT OF UNITED STATES CITIZEN-

SHIP FOUNDATION.

The Secretary, acting through the Director of U.S. Citizenship and Immigration Services, is authorized to es- tablish a nonprofit corporation, which shall be known as the ‘‘United States Citizenship Foundation’’.

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SEC. 2532. FUNDING.

(a) GIFTS TO FOUNDATION.—In order to carry out the purposes set forth in section 2533, 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 De- partment, including the Office and U.S. Citizenship and Immigration Services; and

(3) accept, hold, administer, invest, and spend any gift, devise, or bequest of real or personal prop- erty made to the Foundation.
(b) GIFTS TO OFFICE OF CITIZENSHIP AND NEW

AMERICANS.—The Office may accept gifts from the Foun- dation to support the functions of the Office.
SEC. 2533. PURPOSES.

The purposes of the Foundation are—
(1) to expand citizenship preparation programs

for permanent residents;
(2) to provide direct assistance for aliens seek-

ing provisional immigrant status, legal permanent resident status, or naturalization as a United States citizen; and

(3) to coordinate immigrant integration with State and local entities.

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SEC. 2534. AUTHORIZED ACTIVITIES.

The Foundation shall carry out its purpose by—
(1) making United States citizenship instruc- tion and naturalization application services acces- sible to low-income and other underserved perma-

nent resident populations;
(2) developing, identifying, and sharing best

practices in United States citizenship preparation; (3) supporting innovative and creative solutions

to barriers faced by those seeking naturalization;
(4) increasing the use of, and access to, tech- nology in United States citizenship preparation pro-

grams;
(5) engaging receiving communities in the

United States citizenship and civic integration proc- ess;

(6) administering the New Citizens Award Pro- gram to recognize, in each calendar year, not more than 10 United States citizens who—

(A) have made outstanding contributions to the United States; and

(B) have been naturalized during the 10- year period ending on the date of such recogni- tion;
(7) fostering public education and awareness;

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(8) coordinate its immigrant integration efforts with the Office;

(9) awarding grants to eligible public or private nonprofit organizations under section 2537.

(10) awarding grants to State and local govern- ments under section 2538.

SEC. 2535. COUNCIL OF DIRECTORS.

(a) MEMBERS.—The Foundation shall have a Council of Directors, which shall be comprised of—

(1) the Director of U.S. Citizenship and Immi- gration Services;

(2) the Chief of the Office of Citizenship and New Americans; and

(3) 10 directors, appointed by the ex-officio di- rectors designated in paragraphs (1) and (2), from national community-based organizations that pro- mote and assist permanent residents with natu- ralization.
(b) APPOINTMENT OF EXECUTIVE DIRECTOR.—The

USCF Council shall appoint an Executive Director, who shall oversee the day-to-day operations of the Foundation. SEC. 2536. POWERS.

The Executive Director is authorized to carry out the purposes set forth in section 2533 on behalf of the Foun- dation by—

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(1) accepting, holding, administering, investing, and spending any gift, devise, or bequest of real or personal property made to the Foundation;

(2) entering into contracts and other financial assistance agreements with individuals, public or pri- vate organizations, professional societies, and gov- ernment agencies to carry out the functions of the Foundation;

(3) 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

(4) charging such fees for professional services furnished by the Foundation as the Executive Direc- tor determines reasonable and appropriate.

SEC. 2537. INITIAL ENTRY, ADJUSTMENT, AND CITIZENSHIP ASSISTANCE GRANT PROGRAM.

(a) AUTHORIZATION.—The Secretary, acting through the Director of U.S. Citizenship and Immigration Serv- ices, may award Initial Entry, Adjustment, and Citizen- ship Assistance grants to eligible public or private, non- profit organizations.

(b) USE OF GRANT FUNDS.—IEACA grants shall be used for the design and implementation of programs that

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provide direct assistance, within the scope of the author- ized practice of immigration law—

(1) to aliens who are preparing an initial appli- cation for registered provisional immigrant status under section 245B of the Immigration and Nation- ality Act, as added by section 2101 of this Act, in- cluding assisting applicants in—

(A) screening to assess prospective appli- cants’ potential eligibility or lack of eligibility;

(B) completing applications;

(C) gathering proof of identification, em- ployment, residence, and tax payment;

(D) gathering proof of relationships of eli- gible family members;

(E) applying for any waivers for which ap- plicants and qualifying family members may be eligible; and

(F) any other assistance that the Secretary or grantee considers useful to aliens who are in- terested in applying for registered provisional immigrant status;
(2) to aliens seeking to adjust their status

under section2211 or 2212 of this Act or section 245, 245B, or 245C of the Immigration and Nation- ality Act;

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(3) to legal permanent residents seeking to be- come naturalized United States citizens; and

(4) to applicants on—
(A) the rights and responsibilities of

United States citizenship;
(B) civics-based English as a second lan-

guage;
(C) civics, with a special emphasis on com-

mon values and traditions of Americans, includ- ing an understanding of the history of the United States and the principles of the Con- stitution; and

(D) applying for United States citizenship.

SEC. 2538. PILOT PROGRAM TO PROMOTE IMMIGRANT IN- TEGRATION AT STATE AND LOCAL LEVELS.

(a) GRANTS AUTHORIZED.—The Chief shall establish a pilot program through which the Chief may award grants, on a competitive basis, to States and local govern- ments or other qualifying entities, in collaboration with State and local governments —

(1) to establish New Immigrant Councils to carry out programs to integrate new immigrants; or (2) to carry out programs to integrate new im-

migrants.

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(b) APPLICATION.—A State or local government de- siring a grant under this section shall submit an applica- tion to the Chief at such time, in such manner, and con- taining such information as the Chief may reasonably re- quire, including—

(1) a proposal to meet an objective or combina- tion of objectives set forth in subsection (d)(3);

(2) the number of new immigrants in the appli- cant’s jurisdiction; and

(3) a description of the challenges in intro- ducing and integrating new immigrants into the State or local community.
(c) PRIORITY.—In awarding grants under this sec-

tion, the Chief shall give priority to States and local gov- ernments or other qualifying entities that—

(1) use matching funds from non-Federal sources, which may include in-kind contributions;

(2) demonstrate collaboration with public and private entities to achieve the goals of the com- prehensive plan developed pursuant to subsection (d)(3);

(3) are 1 of the 10 States with the highest rate of foreign-born residents; or

(4) have experienced a large increase in the population of immigrants during the most recent 10-

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year period relative to past migration patterns, based on data compiled by the Office of Immigration Statistics or the United States Census Bureau.
(d) AUTHORIZED ACTIVITIES.—A grant awarded

under this subsection may be used—
(1) to form a New Immigrant Council, which

shall—
(A) consist of between 15 and 19 individ-

uals, inclusive, from the State, local govern- ment, or qualifying organization;

(B) include, to the extent practicable, rep- resentatives from—

(i) business;
(ii) faith-based organizations;
(iii) civic organizations;
(iv) philanthropic organizations;
(v) nonprofit organizations, including

those with experience working with immi- grant communities;

(vi) key education stakeholders, such as State educational agencies, local edu- cational agencies, community colleges, and teachers;

(vii) State adult education offices;

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(viii) State or local public libraries; and

(ix) State or local governments; and (C) meet not less frequently than once

each quarter;

(2) to provide subgrants to local communities, city governments, municipalities, nonprofit organiza- tions (including veterans’ and patriotic organiza- tions) or other qualifying entities;

(3) to develop, implement, expand, or enhance a comprehensive plan to introduce and integrate new immigrants into the 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 ac- tivities;

(C) improving and expanding access to workforce training programs;

(D) teaching United States history, civics education, citizenship rights, and responsibil- ities;

(E) promoting an understanding of the form of government and history of the United States and the principles of the Constitution;

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(F) improving financial literacy; and

(G) focusing on other key areas of impor- tance to integration in our society; and
(4) to engage receiving communities in the citi-

zenship and civic integration process by—
(A) increasing local service capacity;

(B) building meaningful connections be- tween newer immigrants and long-time resi- dents;

(C) communicating the contributions of re- ceiving communities and new immigrants; and

(D) engaging leaders from all sectors of the community.

(e) REPORTING AND EVALUATION.—
(1) ANNUAL REPORT.—Each grant recipient

shall submit an annual report to the Office that de- scribes—

(A) the activities undertaken by the grant recipient, including how such activities meet the goals of the Office, the Foundation, and the comprehensive plan described in subsection (d)(3);

(B) the geographic areas being served;

(C) the number of immigrants in such areas; and

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(D) the primary languages spoken in such areas.

(2) ANNUAL EVALUATION.—The Chief shall conduct an annual evaluation of the grant program established under this section—

(A) to assess and improve the effectiveness of such grant program;

(B) to assess the future needs of immi- grants and of State and local governments re- lated to immigrants; and

(C) to ensure that grantees recipients and subgrantees are acting within the scope and purpose of this subchapter.

SEC. 2539. NATURALIZATION CEREMONIES.

(a) IN GENERAL.—The Chief, in consultation with the Director of the National Park Service, the Archivist of the United States, and other appropriate Federal offi- cials, shall develop and implement a strategy to enhance the public awareness of naturalization ceremonies.

(b) VENUES.—In developing the strategy under sub- section (a), the Secretary shall consider the use of out- standing and historic locations as venues for select natu- ralization ceremonies.

(c) REPORTING REQUIREMENT.—The Secretary shall annually submit a report to Congress that contains—

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(1) the content of the strategy developed under subsection (a); and

(2) the progress made towards the implementa- tion of such strategy.

CHAPTER 3—FUNDING SEC. 2541. AUTHORIZATION OF APPROPRIATIONS.

(a) OFFICE OF CITIZENSHIP AND NEW AMERI- CANS.—In addition to any amounts otherwise made avail- able to the Office, there are authorized to be appropriated to carry out the functions described in section 451(f)(2) of the Homeland Security Act of 2002 (6 U.S.C. 271(f)(2)), as amended by section 2511(b)—

(1) $10,000,000 for the 5-year period ending on September 30, 2018; and

(2) such sums as may be necessary for fiscal year 2019 and subsequent fiscal years.
(b) GRANT PROGRAMS.—There are authorized to be

appropriated to implement the grant programs authorized under sections 2537 and 2538, and to implement the strategy under section 2539—

(1) $100,000,000 for the 5-year period ending on September 30, 2018; and

(2) such sums as may be necessary for fiscal year 2019 and subsequent fiscal years.

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CHAPTER 4—REDUCE BARRIERS TO NATURALIZATION
SEC. 2551. WAIVER OF ENGLISH REQUIREMENT FOR SEN-

IOR 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 require- ments because of physical or developmental disability or mental impairment; or

‘‘(2) on the date on which the person’s applica- tion for naturalization is filed under section 334—

‘‘(A) is older than 65 years of age; and

‘‘(B) has been living in the United States for periods totaling at least 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 filed under sec- tion 334—

‘‘(1) is older than 50 years of age and has been living in the United States for periods totaling at least 20 years after being lawfully admitted for per- manent residence;

EAS13500 S.L.C. 394

  1. 1  ‘‘(2) is older than 55 years of age and has been
  2. 2  living in the United States for periods totaling at
  3. 3  least 15 years after being lawfully admitted for per-
  4. 4  manent residence; or
  5. 5  ‘‘(3) is older than 60 years of age and has been
  6. 6  living in the United States for periods totaling at
  7. 7  least 10 years after being lawfully admitted for per-
  8. 8  manent residence.
  9. 9  ‘‘(d) The Secretary of Homeland Security may waive,
  10. 10  on a case-by-case basis, the requirement under subsection
  11. 11  (a)(2) on behalf of any person who, on the date on which
  12. 12  the person’s application for naturalization is filed under
  13. 13  section 334—
  14. 14  ‘‘(1) is older than 60 years of age; and
  15. 15  ‘‘(2) has been living in the United States for
  16. 16  periods totaling at least 10 years after being lawfully
  17. 17  admitted for permanent residence.’’.
  18. 18  SEC. 2552. FILING OF APPLICATIONS NOT REQUIRING REG-
  19. 19  ULAR INTERNET ACCESS.
  20. 20  (a) ELECTRONIC FILING NOT REQUIRED.—
  21. 21  (1) IN GENERAL.—The Secretary may not re-
  22. 22  quire that an applicant or petitioner for permanent
  23. 23  residence or citizenship of the United States use an
  24. 24  electronic method to file any application, or access to
  25. 25  a customer account.

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(2) SUNSET DATE.—This subsection shall cease to be effective on October 1, 2020.
(b) NOTIFICATION REQUIREMENT.—Beginning on

October 1, 2020, the Secretary may not require that an applicant or petitioner for permanent residence or citizen- ship of the United States use an electronic method to file any application, or access to a customer account unless the Secretary notifies the Committee on Homeland Secu- rity and Governmental Affairs of the Senate and the Com- mittee on Homeland Security of the House of Representa- tives of such requirement not later than 30 days before the effective date of such requirement.

TITLE III—INTERIOR ENFORCEMENT
Subtitle A—Employment Verification System
SEC. 3101. UNLAWFUL EMPLOYMENT OF UNAUTHORIZED

ALIENS.

(a) IN GENERAL.—Section 274A (8 U.S.C. 1324a) is amended to read as follows:
‘‘SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS.

‘‘(a) MAKING EMPLOYMENT OF UNAUTHORIZED ALIENS UNLAWFUL.—

‘‘(1) IN GENERAL.—It is unlawful for an em- ployer—

EAS13500 S.L.C. 396

  1. 1  ‘‘(A) to hire, recruit, or refer for a fee an
  2. 2  alien for employment in the United States
  3. 3  knowing that the alien is an unauthorized alien
  4. 4  with respect to such employment; or
  5. 5  ‘‘(B) to hire, recruit, or refer for a fee for
  6. 6  employment in the United States an individual
  7. 7  without complying with the requirements under
  8. 8  subsections (c) and (d).
  9. 9  ‘‘(2) CONTINUING EMPLOYMENT.—
  10. 10  ‘‘(A) PROHIBITION ON CONTINUED EM-
  11. 11  PLOYMENT OF UNAUTHORIZED ALIENS.—It is
  12. 12  unlawful for an employer, after hiring an alien
  13. 13  for employment, to continue to employ the alien
  14. 14  in the United States knowing that the alien is
  15. 15  (or has become) an unauthorized alien with re-
  16. 16  spect to such employment.
  17. 17  ‘‘(B) PROHIBITION ON CONSIDERATION OF
  18. 18  PREVIOUS UNAUTHORIZED STATUS.—Nothing
  19. 19  in this section may be construed to prohibit the
  20. 20  employment of an individual who is authorized
  21. 21  for employment in the United States if such in-
  22. 22  dividual was previously an unauthorized alien.
  23. 23  ‘‘(3) USE OF LABOR THROUGH CONTRACT.—
  24. 24  For purposes of this section, any employer that uses
  25. 25  a contract, subcontract, or exchange to obtain the

EAS13500 S.L.C. 397

  1. 1  labor of an alien in the United States while knowing
  2. 2  that the alien is an unauthorized alien with respect
  3. 3  to performing such labor shall be considered to have
  4. 4  hired the alien for employment in the United States
  5. 5  in violation of paragraph (1)(A).
  6. 6  ‘‘(4) USE OF STATE EMPLOYMENT AGENCY
  7. 7  DOCUMENTATION.—For purposes of paragraphs
  8. 8  (1)(B), (5), and (6), an employer shall be deemed to
  9. 9  have complied with the requirements under sub-
  10. 10  section (c) with respect to the hiring of an individual
  11. 11  who was referred for such employment by a State
  12. 12  employment agency (as defined by the Secretary) if
  13. 13  the employer has and retains (for the period and in
  14. 14  the manner described in subsection (c)(3)) appro-
  15. 15  priate documentation of such referral by such agen-
  16. 16  cy, certifying that such agency has complied with the
  17. 17  procedures described in subsection (c) with respect
  18. 18  to the individual’s referral. An employer that relies
  19. 19  on a State agency’s certification of compliance with
  20. 20  subsection (c) under this paragraph may utilize and
  21. 21  retain the State agency’s certification of compliance
  22. 22  with the procedures described in subsection (d), if
  23. 23  any, in the manner provided under this paragraph.
  24. 24  ‘‘(5) GOOD FAITH DEFENSE.—

EAS13500 S.L.C. 398

  1. 1  ‘‘(A) DEFENSE.—An employer, person, or
  2. 2  entity that hires, employs, recruits, or refers in-
  3. 3  dividuals for employment in the United States,
  4. 4  or is otherwise obligated to comply with the re-
  5. 5  quirements under this section and establishes
  6. 6  good faith compliance with the requirements
  7. 7  under paragraphs (1) through (4) of subsection
  8. 8  (c) and subsection (d)—
  9. 9  ‘‘(i) has established an affirmative de-
  10. 10  fense that the employer, person, or entity
  11. 11  has not violated paragraph (1)(A) with re-
  12. 12  spect to hiring and employing; and
  13. 13  ‘‘(ii) has established compliance with
  14. 14  its obligations under subparagraph (A) and
  15. 15  (B) of paragraph (1) and subsection (c)
  16. 16  unless the Secretary demonstrates that the
  17. 17  employer had knowledge that an individ-
  18. 18  uals hired, employed, recruited, or referred
  19. 19  by the employer, person, or entity is an au-
  20. 20  thorized alien.
  21. 21  ‘‘(B) FAILURE TO OBTAIN
  22. 22  VERIFICATION.—An employer that has made
  23. 23  the inquiry under subsection (d) with respect to
  24. 24  an individual, but has not received an appro-
  25. 25  priate verification of the identity and work eligi-

EAS13500 S.L.C. 399

  1. 1  bility of such individual from the System within
  2. 2  the time period specified in subsection (d)(4)(C)
  3. 3  may retain the defense under subparagraph (A)
  4. 4  if the employer timely records in the System the
  5. 5  reasons the employer continues to employ the
  6. 6  individual.
  7. 7  ‘‘(C) EXCEPTION FOR CERTAIN EMPLOY-
  8. 8  ERS.—An employer who is not required to par-
  9. 9  ticipate in the System or who is participating in
  10. 10  the System on a voluntary basis pursuant to
  11. 11  subsection (d)(2)(I) has established an affirma-
  12. 12  tive defense under subparagraph (A) and need
  13. 13  not demonstrate compliance with the require-
  14. 14  ments under subsection (d).
  15. 15  ‘‘(6) GOOD FAITH COMPLIANCE.—
  16. 16  ‘‘(A) IN GENERAL.—Except as otherwise
  17. 17  provided in this subsection, an employer, per-
  18. 18  son, or entity is considered to have complied
  19. 19  with a requirement under this subsection not-
  20. 20  withstanding a technical or procedural failure
  21. 21  to meet such requirement if there was a good
  22. 22  faith attempt to comply with the requirement.
  23. 23  ‘‘(B) EXCEPTION IF FAILURE TO CORRECT
  24. 24  AFTER NOTICE.—Subparagraph (A) shall not
  25. 25  apply if—

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  1. 1  ‘‘(i) the failure is not de minimis;
  2. 2  ‘‘(ii) the Secretary of Homeland Secu-
  3. 3  rity has explained to the employer, person,
  4. 4  or entity the basis for the failure and why
  5. 5  it is not de minimis;
  6. 6  ‘‘(iii) the employer, person, or entity
  7. 7  has been provided a period of not less than
  8. 8  30 days (beginning after the date of the
  9. 9  explanation) to correct the failure; and
  10. 10  ‘‘(iv) the employer, person, or entity
  11. 11  has not corrected the failure voluntarily
  12. 12  within such period.
  13. 13  ‘‘(C) EXCEPTION FOR PATTERN OR PRAC-
  14. 14  TICE VIOLATORS.—Subparagraph (A) shall not
  15. 15  apply to an employer, person, or entity that has
  16. 16  engaged or is engaging in a pattern or practice
  17. 17  of violations of paragraph (1)(A) or (2).
  18. 18  ‘‘(7) PRESUMPTION.—After the date on which
  19. 19  an employer is required to participate in the System
  20. 20  under subsection (d), the employer is presumed to
  21. 21  have acted with knowledge for purposes of para-
  22. 22  graph (1)(A) if the employer hires, employs, re-
  23. 23  cruits, or refers an employee and fails to make an
  24. 24  inquiry to verify the employment authorization sta-
  25. 25  tus of the employee through the System.

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  1. 1  ‘‘(8) CONTINUED APPLICATION OF WORKFORCE
  2. 2  AND LABOR PROTECTION REMEDIES DESPITE UNAU-
  3. 3  THORIZED EMPLOYMENT.—An employer may not
  4. 4  deny an employee back pay or any other remedy pro-
  5. 5  vided under any Federal, State, or local law relating
  6. 6  to workplace rights, and a court may not prohibit an
  7. 7  employee from pursuing other causes of action giv-
  8. 8  ing rise to liability, except any reinstatement remedy
  9. 9  prohibited by Federal law, on account of the employ-
  10. 10  ee’s status as an unauthorized alien, either during or
  11. 11  after the period of employment by the employer.
  12. 12  ‘‘(9) AVAILABILITY OF REINSTATEMENT AND
  13. 13  RELIEF.—Reinstatement and all other appropriate
  14. 14  relief shall be available to individuals who—

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‘‘(A) are lawfully present in the United States at the time such relief is requested; and ‘‘(B) lost employment authorized status due to the unlawful acts of the employer and for whom reinstatement would restore such sta-

tus.
DEFINITIONS.—In this section:
‘‘(1) COMMISSIONER.—The term ‘Commis-

23 sioner’ means the Commissioner of Social Security.

EAS13500 S.L.C. 402

  1. 1  ‘‘(2) DEPARTMENT.—Except as otherwise pro-
  2. 2  vided, the term ‘Department’ means the Department
  3. 3  of Homeland Security.
  4. 4  ‘‘(3) EMPLOYER.—The term ‘employer’ means
  5. 5  any person or entity, including an agency or depart-
  6. 6  ment of a Federal, State, or local government, an
  7. 7  agent, or a System service provider, that hires, em-
  8. 8  ploys, recruits, or refers for a fee an individual for
  9. 9  employment in the United States that is not casual,
  10. 10  sporadic, irregular, or intermittent (as defined by
  11. 11  the Secretary).
  12. 12  ‘‘(4) EMPLOYMENT AUTHORIZED STATUS.—The
  13. 13  term ‘employment authorized status’ means, with re-
  14. 14  spect to an individual, that the individual is author-
  15. 15  ized to be employed in the United States under the
  16. 16  immigration laws of the United States.
  17. 17  ‘‘(5) SECRETARY.—Except as otherwise specifi-
  18. 18  cally provided, the term ‘Secretary’ means the Sec-
  19. 19  retary of Homeland Security.
  20. 20  ‘‘(6) SYSTEM.—The term ‘System’ means the
  21. 21  Employment Verification System established under
  22. 22  subsection (d).
  23. 23  ‘‘(7) UNAUTHORIZED ALIEN.—The term ‘unau-
  24. 24  thorized alien’ means an alien who, with respect to

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employment in the United States at a particular time—

‘‘(A) is not lawfully admitted for perma- nent residence; or

‘‘(B) is not authorized to be employed under this Act or by the Secretary.
‘‘(8) WORKPLACE RIGHTS.—The term ‘work-

place rights’ means rights guaranteed under Fed- eral, State, or local labor or employment laws, in- cluding laws concerning wages and hours, benefits and employment standards, labor relations, work- place health and safety, work-related injuries, non- discrimination, and retaliation for exercising rights under such laws.

‘‘(c) DOCUMENT VERIFICATION REQUIREMENTS.—

Any
United States shall comply with the following require- ments and the requirements under subsection (d) to verify that the individual has employment authorized status:

‘‘(1) ATTESTATION AFTER EXAMINATION OF DOCUMENTATION.—

‘‘(A) IN GENERAL.—
‘‘(i) EXAMINATION BY EMPLOYER.—

An employer shall attest, under penalty of perjury on a form prescribed by the Sec-

employer hiring an individual for employment in the

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retary, that the employer has verified the identity and employment authorization sta- tus of the individual—

‘‘(I) by examining—
‘‘(aa) a document specified

in subparagraph (C); or
‘‘(bb) a document specified

in subparagraph (D) and a docu- ment specified in subparagraph (E); and
‘‘(II) by utilizing an identity au-

thentication mechanism described in clause (iii) or (iv) of subparagraph (F).
‘‘(ii) PUBLICATION OF DOCUMENTS.—

The Secretary shall publish a picture of each document specified in subparagraphs (C) and (E) on the U.S. Citizenship and Immigration Services’ website.

‘‘(B) REQUIREMENTS.—
‘‘(i) FORM.—The form referred to in

subparagraph (A)(i)—
‘‘(I) shall be prescribed by the

Secretary not later than 6 months after the date of the enactment of the

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Border Security, Economic Oppor- tunity, and Immigration Moderniza- tion Act;

‘‘(II) shall be available as— ‘‘(aa) a paper form;
‘‘(bb) a form that may be

completed by an employer via telephone;

‘‘(cc) an electronic form; or

‘‘(dd) a form that is inte- grated electronically with the re- quirements under subsection (d).

‘‘(ii) ATTESTATION.—Each such form shall require the employer to sign an attes- tation with a handwritten, electronic, or digital pin code signature, according to standards prescribed by the Secretary.

‘‘(iii) COMPLIANCE.—An employer has complied with the requirements under this paragraph with respect to examination of the documents included in subclauses (I) and (II) of subparagraph (A)(i) if—

‘‘(I) the employer has, in good faith, followed applicable regulations

EAS13500 S.L.C. 406

  1. 1  and any written procedures or instruc-
  2. 2  tions provided by the Secretary; and
  3. 3  ‘‘(II) a reasonable person would
  4. 4  conclude that the documentation is
  5. 5  genuine and relates to the individual
  6. 6  presenting such documentation.
  7. 7  ‘‘(C) DOCUMENTS ESTABLISHING IDEN-
  8. 8  TITY AND EMPLOYMENT AUTHORIZED STA-
  9. 9  TUS.—A document is specified in this subpara-
  10. 10  graph if the document is unexpired (unless the
  11. 11  validity of the document is extended by law)
  12. 12  and is 1 of the following:
  13. 13  ‘‘(i) A United States passport or pass-
  14. 14  port card issued to an individual pursuant
  15. 15  to the Secretary of State’s authority under
  16. 16  the Act entitled ‘An Act to regulate the
  17. 17  issue and validity of passports, and for
  18. 18  other purposes’, approved July 3, 1926 (22
  19. 19  U.S.C. 211a).
  20. 20  ‘‘(ii) A document issued to an alien
  21. 21  evidencing that the alien is lawfully admit-
  22. 22  ted for permanent residence or another
  23. 23  document issued to an individual evidenc-
  24. 24  ing the individual’s employment authorized

EAS13500 S.L.C. 407

  1. 1  status, as designated by the Secretary, if
  2. 2  the document—
  3. 3  ‘‘(I) contains a photograph of the
  4. 4  individual, or such other personal
  5. 5  identifying information relating to the
  6. 6  individual as the Secretary deter-
  7. 7  mines, by regulation, to be sufficient
  8. 8  for the purposes of this subparagraph;
  9. 9  ‘‘(II) is evidence of employment
  10. 10  authorized status; and
  11. 11  ‘‘(III) contains security features
  12. 12  to make the document resistant to
  13. 13  tampering, counterfeiting, and fraudu-
  14. 14  lent use.
  15. 15  ‘‘(iii) An enhanced driver’s license or
  16. 16  identification card issued to a national of
  17. 17  the United States by a State or a federally
  18. 18  recognized Indian tribe that—
  19. 19  ‘‘(I) meets the requirements
  20. 20  under section 202 of the REAL ID
  21. 21  Act of 2005 (division B of Public Law
  22. 22  109–13; 49 U.S.C. 30301 note); and
  23. 23  ‘‘(II) the Secretary has certified
  24. 24  by notice published in the Federal
  25. 25  Register and through appropriate no-

EAS13500 S.L.C. 408

  1. 1  tice directly to employers registered in
  2. 2  the System 3 months prior to publica-
  3. 3  tion that such enhanced license or
  4. 4  card is suitable for use under this
  5. 5  subparagraph based upon the accu-
  6. 6  racy and security of the issuance proc-
  7. 7  ess, security features on the docu-
  8. 8  ment, and such other factors as the
  9. 9  Secretary may prescribe.
  10. 10  ‘‘(iv) A passport issued by the appro-
  11. 11  priate authority of a foreign country ac-
  12. 12  companied by a Form I–94 or Form I-94A
  13. 13  (or similar successor form), or other docu-
  14. 14  mentation as designated by the Secretary
  15. 15  that specifies the individual’s status in the
  16. 16  United States and the duration of such
  17. 17  status if the proposed employment is not
  18. 18  in conflict with any restriction or limitation
  19. 19  specified on such form or documentation.
  20. 20  ‘‘(v) A passport issued by the Fed-
  21. 21  erated States of Micronesia or the Repub-
  22. 22  lic of the Marshall Islands with evidence of
  23. 23  nonimmigrant admission to the United
  24. 24  States under the Compact of Free Associa-
  25. 25  tion between the United States and the

EAS13500 S.L.C. 409

  1. 1  Federated States of Micronesia or the Re-
  2. 2  public of the Marshall Islands.
  3. 3  ‘‘(D) DOCUMENTS ESTABLISHING IDEN-
  4. 4  TITY OF INDIVIDUAL.—A document is specified
  5. 5  in this subparagraph if the document is unex-
  6. 6  pired (unless the validity of the document is ex-
  7. 7  tended by law) and is 1 of the following:
  8. 8  ‘‘(i) A driver’s license or identity card
  9. 9  that is not described in subparagraph
  10. 10  (C)(iii) and is issued to an individual by a
  11. 11  State or an outlying possession of the
  12. 12  United States, a federally recognized In-
  13. 13  dian tribe, or an agency (including mili-
  14. 14  tary) of the Federal Government if the
  15. 15  driver’s license or identity card includes, at
  16. 16  a minimum—
  17. 17  ‘‘(I) the individual’s photograph,
  18. 18  name, date of birth, gender, and driv-
  19. 19  er’s license or identification card num-
  20. 20  ber, and
  21. 21  ‘‘(II) security features to make
  22. 22  the license or card resistant to tam-
  23. 23  pering, counterfeiting, and fraudulent
  24. 24  use.
  25. 25  ‘‘(ii) A voter registration card.

EAS13500 S.L.C. 410

  1. 1  ‘‘(iii) A document that complies with
  2. 2  the requirements under section 7209(b)(1)
  3. 3  of the Intelligence Reform and Terrorism
  4. 4  Prevention Act of 2004 (Public Law 108–
  5. 5  458; 8 U.S.C. 1185 note).
  6. 6  ‘‘(iv) For individuals under 18 years
  7. 7  of age who are unable to present a docu-
  8. 8  ment listed in clause (i) or (ii), documenta-
  9. 9  tion of personal identity of such other type
  10. 10  as the Secretary determines will provide a
  11. 11  reliable means of identification, which may
  12. 12  include an attestation as to the individual’s
  13. 13  identity by a person 21 years of age or
  14. 14  older under penalty of perjury.
  15. 15  ‘‘(E) DOCUMENTS EVIDENCING EMPLOY-
  16. 16  MENT AUTHORIZATION.—A document is speci-
  17. 17  fied in this subparagraph if the document is un-
  18. 18  expired (unless the validity of the document is
  19. 19  extended by law) and is 1 of the following:
  20. 20  ‘‘(i) A social security account number
  21. 21  card issued by the Commissioner, other
  22. 22  than a card which specifies on its face that
  23. 23  the card is not valid to evidence employ-
  24. 24  ment authorized status or has other simi-
  25. 25  lar words of limitation.

EAS13500 S.L.C. 411

  1. 1  ‘‘(ii) Any other documentation evi-
  2. 2  dencing employment authorized status that
  3. 3  the Secretary determines and publishes in
  4. 4  the Federal Register and through appro-
  5. 5  priate notice directly to employers reg-
  6. 6  istered within the System to be acceptable
  7. 7  for purposes of this subparagraph if such
  8. 8  documentation, including any electronic se-
  9. 9  curity measures linked to such documenta-
  10. 10  tion, contains security features to make
  11. 11  such documentation resistant to tam-
  12. 12  pering, counterfeiting, and fraudulent use.
  13. 13  ‘‘(F) IDENTITY AUTHENTICATION MECHA-
  14. 14  NISM.—
  15. 15  ‘‘(i) DEFINITIONS.—In this subpara-
  16. 16  graph:
  17. 17  ‘‘(I) COVERED IDENTITY DOCU-
  18. 18  MENT.—The term ‘covered identity
  19. 19  document’ means a valid—
  20. 20  ‘‘(aa) United States pass-
  21. 21  port, passport card, or a docu-
  22. 22  ment evidencing lawful perma-
  23. 23  nent residence status or employ-
  24. 24  ment authorized status issued to
  25. 25  an alien;

EAS13500 S.L.C. 412

  1. 1  ‘‘(bb) enhanced driver’s li-
  2. 2  cense or identity card issued by a
  3. 3  participating State; or
  4. 4  ‘‘(cc) photograph and appro-
  5. 5  priate identifying information
  6. 6  provided by the Secretary of
  7. 7  State pursuant to the granting of
  8. 8  a visa.
  9. 9  ‘‘(II) PARTICIPATING STATE.—
  10. 10  The term ‘participating State’ means
  11. 11  a State that has an agreement with
  12. 12  the Secretary to provide the Sec-
  13. 13  retary, for purposes of identity
  14. 14  verification in the System, with photo-
  15. 15  graphs and appropriate identifying in-
  16. 16  formation maintained by the State.
  17. 17  ‘‘(ii) REQUIREMENT FOR IDENTITY
  18. 18  AUTHENTICATION.—In addition to
  19. 19  verifying the documents specified in sub-
  20. 20  paragraph (C), (D), or (E) and utilizing
  21. 21  the System under subsection (d), each em-
  22. 22  ployer shall use an identity authentication
  23. 23  mechanism described in clause (iii) or pro-
  24. 24  vided in clause (iv) after it becomes avail-

EAS13500 S.L.C. 413

  1. 1  able to verify the identity of each indi-
  2. 2  vidual the employer seeks to hire.
  3. 3  ‘‘(iii) PHOTO TOOL.—
  4. 4  ‘‘(I) USE REQUIREMENT.—An
  5. 5  employer seeking to hire an individual
  6. 6  who has a covered identity document
  7. 7  shall verify the identity of such indi-
  8. 8  vidual using the photo tool described
  9. 9  in subclause (II).
  10. 10  ‘‘(II) DEVELOPMENT REQUIRE-
  11. 11  MENT.—The Secretary shall develop
  12. 12  and maintain a photo tool that en-
  13. 13  ables employers to match the photo on
  14. 14  a covered identity document provided
  15. 15  to the employer to a photo maintained
  16. 16  by a U.S. Citizenship and Immigra-
  17. 17  tion Services database.
  18. 18  ‘‘(iv) ADDITIONAL SECURITY MEAS-
  19. 19  URES.—
  20. 20  ‘‘(I) USE REQUIREMENT.—An
  21. 21  employer seeking to hire an individual
  22. 22  whose identity may not be verified
  23. 23  using the photo tool described in
  24. 24  clause (iii) shall verify the identity of
  25. 25  such individual using the additional

EAS13500 S.L.C. 414

  1. 1  security measures described in sub-
  2. 2  clause (II).
  3. 3  ‘‘(II) DEVELOPMENT REQUIRE-
  4. 4  MENT.—The Secretary shall develop,
  5. 5  after publication in the Federal Reg-
  6. 6  ister and an opportunity for public
  7. 7  comment, specific and effective addi-
  8. 8  tional security measures to adequately
  9. 9  verify the identity of an individual
  10. 10  whose identity may not be verified
  11. 11  using the photo tool described in
  12. 12  clause (iii). Such additional security
  13. 13  measures—
  14. 14  ‘‘(aa) shall be kept up-to-
  15. 15  date with technological advances;
  16. 16  and
  17. 17  ‘‘(bb) shall provide a means
  18. 18  of identity authentication in a
  19. 19  manner that provides a high level
  20. 20  of certainty as to the identity of
  21. 21  such individual, using immigra-
  22. 22  tion and identifying information
  23. 23  that may include review of iden-
  24. 24  tity documents or background
  25. 25  screening verification techniques

EAS13500 S.L.C. 415

  1. 1  using publicly available informa-
  2. 2  tion.
  3. 3  ‘‘(G) AUTHORITY TO PROHIBIT USE OF
  4. 4  CERTAIN DOCUMENTS.—If the Secretary deter-
  5. 5  mines, after publication in the Federal Register
  6. 6  and an opportunity for public commit, that any
  7. 7  document or class of documents specified in
  8. 8  subparagraph (B), (C), or (D) does not reliably
  9. 9  establish identity or that employment author-
  10. 10  ized status is being used fraudulently to an un-
  11. 11  acceptable degree, the Secretary—
  12. 12  ‘‘(i) may prohibit or restrict the use of
  13. 13  such document or class of documents for
  14. 14  purposes of this subsection; and
  15. 15  ‘‘(ii) shall directly notify all employers
  16. 16  registered within the System of the prohi-
  17. 17  bition through appropriate means.
  18. 18  ‘‘(H) AUTHORITY TO ALLOW USE OF CER-
  19. 19  TAIN DOCUMENTS.—If the Secretary has deter-
  20. 20  mined that another document or class of docu-
  21. 21  ments, such as a document issued by a federally
  22. 22  recognized Indian tribe, may be used to reliably
  23. 23  establish identity or employment authorized sta-
  24. 24  tus, the Secretary—

EAS13500 S.L.C. 416

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21
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25

‘‘(i) may allow the use of that docu- ment or class of documents for purposes of this subsection after publication in the Federal Register and an opportunity for public comment;

‘‘(ii) shall publish a description of any such document or class of documents on the U.S. Citizenship and Immigration Services’ website; and

‘‘(iii) shall directly notify all employ- ers registered within the System of the prohibition through appropriate means.

‘‘(2) INDIVIDUAL ATTESTATION OF EMPLOY- MENT AUTHORIZATION.—An individual, upon com- mencing employment with an employer, shall—

‘‘(A) attest, under penalty of perjury, on the form prescribed by the Secretary, that the individual is—

‘‘(i) a national of the United States;

‘‘(ii) an alien lawfully admitted for permanent residence;

‘‘(iii) an alien who has employment authorized status; or

‘‘(iv) otherwise authorized by the Sec- retary to be hired for such employment;

EAS13500 S.L.C. 417

1 2 3 4 5 6 7 8 9

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21
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24
25

‘‘(B) provide such attestation by a hand- written, electronic, or digital pin code signature; and

‘‘(C) provide the individual’s social security account number to the Secretary, unless the in- dividual has not yet been issued such a number, on such form as the Secretary may require. ‘‘(3) RETENTION OF VERIFICATION RECORD.—

‘‘(A) IN GENERAL.—After completing a form for an individual in accordance with para- graphs (1) and (2), the employer shall retain a version of such completed form and make such form available for inspection by the Secretary or the Office of Special Counsel for Immigra- tion-Related Unfair Employment Practices of the Department of Justice during the period be- ginning on the hiring date of the individual and ending on the later of—

‘‘(i) the date that is 3 years after such hiring date; or

‘‘(ii) the date that is 1 year after the date on which the individual’s employment with the employer is terminated.
‘‘(B) REQUIREMENT FOR ELECTRONIC RE-

TENTION.—The Secretary—

EAS13500 S.L.C. 418

1 2 3 4 5 6 7 8 9

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25

‘‘(i) shall permit an employer to retain the form described in subparagraph (A) in electronic form; and

‘‘(ii) may permit an employer to re- tain such form in paper, microfiche, micro- film, or other media.

‘‘(4) COPYING OF DOCUMENTATION AND REC- ORDKEEPING.—The Secretary may promulgate regu- lations regarding—

‘‘(A) copying documents and related infor- mation pertaining to employment verification presented by an individual under this sub- section; and

‘‘(B) retaining such information during a period not to exceed the required retention pe- riod set forth in paragraph (3).
‘‘(5) PENALTIES.—An employer that fails to

comply with any requirement under this subsection

may

be penalized under subsection (e)(4)(B). ‘‘(6) PROTECTION OF CIVIL RIGHTS.—

‘‘(A) IN GENERAL.—Nothing in this sec- tion may be construed to diminish any rights otherwise protected by Federal law.

‘‘(B) PROHIBITION ON DISCRIMINATION.— An employer shall use the procedures for docu-

EAS13500 S.L.C. 419

  1. 1  ment verification set forth in this paragraph for
  2. 2  all employees without regard to race, color, reli-
  3. 3  gion, sex, national origin, or, unless specifically
  4. 4  permitted in this section, to citizenship status.
  5. 5  ‘‘(7) RECEIPTS.—The Secretary may authorize
  6. 6  the use of receipts for replacement documents, and
  7. 7  temporary evidence of employment authorization by
  8. 8  an individual to meet a documentation requirement
  9. 9  under this subsection on a temporary basis not to
  10. 10  exceed 1 year, after which time the individual shall
  11. 11  provide documentation sufficient to satisfy the docu-
  12. 12  mentation requirements under this subsection.
  13. 13  ‘‘(8) NO AUTHORIZATION OF NATIONAL IDENTI-
  14. 14  FICATION CARDS.—Nothing in this section may be
  15. 15  construed to directly or indirectly authorize the
  16. 16  issuance, use, or establishment of a national identi-
  17. 17  fication card.

18 ‘‘(d) 19
20
21

22 23 24

EMPLOYMENT VERIFICATION SYSTEM.— ‘‘(1) IN GENERAL.—

‘‘(A) ESTABLISHMENT.—The Secretary, in consultation with the Commissioner, shall es- tablish the Employment Verification System.

‘‘(B) MONITORING.—The Secretary shall create the necessary processes to monitor—

EAS13500 S.L.C. 420

1 2 3 4 5 6 7 8 9

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25

‘‘(i) the functioning of the System, in- cluding the volume of the workflow, the speed of processing of queries, the speed and accuracy of responses;

‘‘(ii) the misuse of the System, includ- ing the prevention of fraud or identity theft;

‘‘(iii) whether the use of the System results in wrongful adverse actions or dis- crimination based upon a prohibited factor against nationals of the United States or individuals who have employment author- ized status; and

‘‘(iv) the security, integrity, and pri- vacy of the System.
‘‘(C) PROCEDURES.—The Secretary—

‘‘(i) shall create processes to provide an individual with direct access to the indi- vidual’s case history in the System, includ- ing—

‘‘(I) the identities of all persons or entities that have queried the indi- vidual through the System;

‘‘(II) the date of each such query; and

EAS13500 S.L.C. 421

1 2 3 4 5 6 7 8 9

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‘‘(III) the System response for each such query; and
‘‘(ii) in consultation with the Commis-

sioner, may develop—
‘‘(I) protocols to notify an indi-

vidual, in a timely manner through the use of electronic correspondence or mail, that a query for the indi- vidual has been processed through the System; or

‘‘(II) a process for the individual to submit additional queries to the System or notify the Secretary of po- tential identity fraud.

‘‘(2) PARTICIPATION REQUIREMENTS.—
‘‘(A) FEDERAL GOVERNMENT.—Except as provided in clause (ii), all agencies and depart- ments in the executive, legislative, or judicial branches of the Federal Government shall par- ticipate in the System beginning on the earlier

of—

‘‘(i) the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act, to the extent required under section 402(e)(1) of

EAS13500 S.L.C. 422

  1. 1  the Illegal Immigration Reform and Immi-
  2. 2  grant Responsibility Act of 1996 (division
  3. 3  C of Public Law 104–208; 8 U.S.C.
  4. 4  1324a) and as already implemented by
  5. 5  each agency or department; or
  6. 6  ‘‘(ii) the date that is 90 days after the
  7. 7  date of the enactment of the Border Secu-
  8. 8  rity, Economic Opportunity, and Immigra-
  9. 9  tion Modernization Act.
  10. 10  ‘‘(B) FEDERAL CONTRACTORS.—Federal
  11. 11  contractors shall participate in the System as
  12. 12  provided in the final rule relating to employ-
  13. 13  ment eligibility verification published in the
  14. 14  Federal Register on November 14, 2008 (73
  15. 15  Fed. Reg. 67,651), or any similar subsequent
  16. 16  regulation, for which purpose references to E-
  17. 17  Verify in the final rule shall be construed to
  18. 18  apply to the System.
  19. 19  ‘‘(C) CRITICAL INFRASTRUCTURE.—
  20. 20  ‘‘(i) IN GENERAL.—Beginning on the
  21. 21  date that is 1 year after the date on which
  22. 22  regulations are published implementing
  23. 23  this subsection, the Secretary may author-
  24. 24  ize or direct any employer, person, or enti-
  25. 25  ty responsible for granting access to, pro-

EAS13500 S.L.C. 423

  1. 1  tecting, securing, operating, administering,
  2. 2  or regulating part of the critical infrastruc-
  3. 3  ture (as defined in section 1016(e) of the
  4. 4  Critical Infrastructure Protection Act of
  5. 5  2001 (42 U.S.C. 5195c(e))) to participate
  6. 6  in the System to the extent the Secretary
  7. 7  determines that such participation will as-
  8. 8  sist in the protection of the critical infra-
  9. 9  structure.
  10. 10  ‘‘(ii) NOTIFICATION TO EMPLOY-
  11. 11  ERS.—The Secretary shall notify an em-
  12. 12  ployer required to participate in the Sys-
  13. 13  tem under this subparagraph not later
  14. 14  than 90 days before the date on which the
  15. 15  employer is required to participate.
  16. 16  ‘‘(D) EMPLOYERS WITH MORE THAN 5,000
  17. 17  EMPLOYEES.—Not later than 2 years after reg-
  18. 18  ulations are published implementing this sub-
  19. 19  section, all employers with more than 5,000 em-
  20. 20  ployees shall participate in the System with re-
  21. 21  spect to all newly hired employees and employ-
  22. 22  ees with expiring temporary employment au-
  23. 23  thorization documents.
  24. 24  ‘‘(E) EMPLOYERS WITH MORE THAN 500
  25. 25  EMPLOYEES.—Not later than 3 years after reg-

EAS13500 S.L.C. 424

  1. 1  ulations are published implementing this sub-
  2. 2  section, all employers with more than 500 em-
  3. 3  ployees shall participate in the System with re-
  4. 4  spect to all newly hired employees and employ-
  5. 5  ees with expiring temporary employment au-
  6. 6  thorization documents.
  7. 7  ‘‘(F) AGRICULTURAL LABOR OR SERV-
  8. 8  ICES.—With respect to an employee performing
  9. 9  agricultural labor or services (as defined for
  10. 10  purposes of section 101(a)(15)(H)(ii)(a)), this
  11. 11  paragraph shall not apply with respect to the
  12. 12  verification of the employee until the date that
  13. 13  is 4 years after the date of the enactment of the
  14. 14  Legal Workforce Act. An employee described in
  15. 15  this clause shall not be counted for purposes of
  16. 16  subparagraph (D) or (E).
  17. 17  ‘‘(G) ALL EMPLOYERS.—Except as pro-
  18. 18  vided in subparagraph (I), not later than 4
  19. 19  years after regulations are published imple-
  20. 20  menting this subsection, all employers shall par-
  21. 21  ticipate in the System with respect to all newly
  22. 22  hired employees and employees with expiring
  23. 23  temporary employment authorization docu-
  24. 24  ments.

EAS13500 S.L.C. 425

  1. 1  ‘‘(H) TRIBAL GOVERNMENT EMPLOY-
  2. 2  ERS.—
  3. 3  ‘‘(i) RULEMAKING.—In developing
  4. 4  regulations to implement this subsection,
  5. 5  the Secretary shall—
  6. 6  ‘‘(I) consider the effects of this
  7. 7  section on federally recognized Indian
  8. 8  tribes and tribal members; and
  9. 9  ‘‘(II) consult with the govern-
  10. 10  ments of federally recognized Indian
  11. 11  tribes.
  12. 12  ‘‘(ii) REQUIRED PARTICIPATION.—Not
  13. 13  later than 5 years after regulations are
  14. 14  published implementing this subsection, all
  15. 15  employers owned by, or entities of, the gov-
  16. 16  ernment of a federally recognized Indian
  17. 17  tribe shall participate in the System with
  18. 18  respect to all newly hired employees with
  19. 19  expiring temporary employment authoriza-
  20. 20  tion documents.
  21. 21  ‘‘(I) IMMIGRATION LAW VIOLATORS.—
  22. 22  ‘‘(i) ORDERS FINDING VIOLATIONS.—
  23. 23  An order finding any employer to have vio-
  24. 24  lated this section or section 274C may, in
  25. 25  the Secretary’s discretion, require the em-

EAS13500 S.L.C. 426

  1. 1  ployer to participate in the System with re-
  2. 2  spect to newly hired employees and em-
  3. 3  ployees with expiring temporary employ-
  4. 4  ment authorization documents, if such em-
  5. 5  ployer is not otherwise required to partici-
  6. 6  pate in the System under this section. The
  7. 7  Secretary shall monitor such employer’s
  8. 8  compliance with System procedures.
  9. 9  ‘‘(ii) PATTERN OR PRACTICE OF VIO-
  10. 10  LATIONS.—The Secretary may require an
  11. 11  employer that is required to participate in
  12. 12  the System with respect to newly hired em-
  13. 13  ployees to participate in the System with
  14. 14  respect to the employer’s current employ-
  15. 15  ees if the employer is determined by the
  16. 16  Secretary or other appropriate authority to
  17. 17  have engaged in a pattern or practice of
  18. 18  violations of the immigration laws of the
  19. 19  United States.
  20. 20  ‘‘(J) VOLUNTARY PARTICIPATION.—The
  21. 21  Secretary may permit any employer that is not
  22. 22  required to participate in the System under this
  23. 23  section to do so on a voluntary basis.
  24. 24  ‘‘(3) CONSEQUENCE OF FAILURE TO PARTICI-
  25. 25  PATE.—

EAS13500 S.L.C. 427

  1. 1  ‘‘(A) IN GENERAL.—Except as provided in
  2. 2  subparagraph (B), the failure, other than a de
  3. 3  minimis or inadvertent failure, of an employer
  4. 4  that is required to participate in the System to
  5. 5  comply with the requirements of the System
  6. 6  with respect to an individual—
  7. 7  ‘‘(i) shall be treated as a violation of
  8. 8  subsection (a)(1)(B) with respect to that
  9. 9  individual; and
  10. 10  ‘‘(ii) creates a rebuttable presumption
  11. 11  that the employer has violated paragraph
  12. 12  (1)(A) or (2) of subsection (a).
  13. 13  ‘‘(B) EXCEPTION.—
  14. 14  ‘‘(i) IN GENERAL.—Subparagraph (A)
  15. 15  shall not apply in a criminal prosecution.
  16. 16  ‘‘(ii) USE AS EVIDENCE.—Nothing in
  17. 17  this paragraph may be construed to limit
  18. 18  the use in the prosecution of a Federal
  19. 19  crime, in a manner otherwise consistent
  20. 20  with Federal criminal law and procedure,
  21. 21  of evidence relating to the employer’s fail-
  22. 22  ure to comply with requirements of the
  23. 23  System.
  24. 24  ‘‘(4) PROCEDURES FOR PARTICIPANTS IN THE
  25. 25  SYSTEM.—

EAS13500 S.L.C. 428

  1. 1  ‘‘(A) IN GENERAL.—An employer partici-
  2. 2  pating in the System shall register such partici-
  3. 3  pation with the Secretary and, when hiring any
  4. 4  individual for employment in the United States,
  5. 5  shall comply with the following:
  6. 6  ‘‘(i) REGISTRATION OF EMPLOYERS.—
  7. 7  The Secretary, through notice in the Fed-
  8. 8  eral Register, shall prescribe procedures
  9. 9  that employers shall be required to follow
  10. 10  to register with the System.
  11. 11  ‘‘(ii) UPDATING INFORMATION.—The
  12. 12  employer is responsible for providing notice
  13. 13  of any change to the information required
  14. 14  under subclauses (I), (II), and (III) of
  15. 15  clause (v) before conducting any further
  16. 16  inquiries within the System, or on such
  17. 17  other schedule as the Secretary may pre-
  18. 18  scribe.
  19. 19  ‘‘(iii) TRAINING.—The Secretary shall
  20. 20  require employers to undergo such training
  21. 21  as the Secretary determines to be nec-
  22. 22  essary to ensure proper use, protection of
  23. 23  civil rights and civil liberties, privacy, in-
  24. 24  tegrity, and security of the System. To the
  25. 25  extent practicable, such training shall be

EAS13500 S.L.C. 429

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made available electronically on the U.S. Citizenship and Immigration Services’ website.

‘‘(iv) NOTIFICATION TO EMPLOY- EES.—The employer shall inform individ- uals hired for employment that the Sys- tem—

‘‘(I) will be used by the employer;

‘‘(II) may be used for immigra- tion enforcement purposes; and

‘‘(III) may not be used to dis- criminate or to take adverse action against a national of the United States or an alien who has employ- ment authorized status.

‘‘(v) PROVISION OF ADDITIONAL IN- FORMATION.—The employer shall obtain from the individual (and the individual shall provide) and shall record in such manner as the Secretary may specify—

‘‘(I) the individual’s social secu- rity account number;

‘‘(II) if the individual does not attest to United States citizenship or noncitizen nationality under sub-

EAS13500 S.L.C. 430

  1. 1  section (c)(2), such identification or
  2. 2  authorization number established by
  3. 3  the Department as the Secretary shall
  4. 4  specify; and
  5. 5  ‘‘(III) such other information as
  6. 6  the Secretary may require to deter-
  7. 7  mine the identity and employment au-
  8. 8  thorization of an individual.
  9. 9  ‘‘(vi) PRESENTATION OF DOCUMENTA-
  10. 10  TION.—The employer, and the individual
  11. 11  whose identity and employment authorized
  12. 12  status are being confirmed, shall fulfill the
  13. 13  requirements under subsection (c).
  14. 14  ‘‘(B) SEEKING CONFIRMATION.—
  15. 15  ‘‘(i) IN GENERAL.—An employer shall
  16. 16  use the System to confirm the identity and
  17. 17  employment authorized status of any indi-
  18. 18  vidual during—
  19. 19  ‘‘(I) the period beginning on the
  20. 20  date on which the individual accepts
  21. 21  an offer of employment and ending 3
  22. 22  business days after the date on which
  23. 23  employment begins; or
  24. 24  ‘‘(II) such other reasonable pe-
  25. 25  riod as the Secretary may prescribe.

EAS13500 S.L.C. 431

  1. 1  ‘‘(ii) LIMITATION.—An employer may
  2. 2  not make the starting date of an individ-
  3. 3  ual’s employment or training or any other
  4. 4  term and condition of employment depend-
  5. 5  ent on the receipt of a confirmation of
  6. 6  identity and employment authorized status
  7. 7  by the System.
  8. 8  ‘‘(iii) REVERIFICATION.—If an indi-
  9. 9  vidual has a limited period of employment
  10. 10  authorized status, the individual’s em-
  11. 11  ployer shall reverify such status through
  12. 12  the System not later than 3 business days
  13. 13  after the last day of such period.
  14. 14  ‘‘(iv) OTHER EMPLOYMENT.—For em-
  15. 15  ployers directed by the Secretary to par-
  16. 16  ticipate in the System under paragraph
  17. 17  (2)(C)(i) to protect critical infrastructure
  18. 18  or otherwise specified circumstances in this
  19. 19  section to verify their entire workforce, the
  20. 20  System may be used for initial verification
  21. 21  of an individual who was hired before the
  22. 22  employer became subject to the System,
  23. 23  and the employer shall initiate all required
  24. 24  procedures on or before such date as the
  25. 25  Secretary shall specify.

EAS13500 S.L.C. 432

  1. 1  ‘‘(v) NOTIFICATION.—
  2. 2  ‘‘(I) IN GENERAL.—The Sec-
  3. 3  retary shall provide, and the employer
  4. 4  shall utilize, as part of the System, a
  5. 5  method of notifying employers of a
  6. 6  confirmation or nonconfirmation of an
  7. 7  individual’s identity and employment
  8. 8  authorized status, or a notice that
  9. 9  further action is required to verify
  10. 10  such identity or employment eligibility
  11. 11  (referred to in this subsection as a
  12. 12  ‘further action notice’).
  13. 13  ‘‘(II) PROCEDURES.—The Sec-
  14. 14  retary shall establish procedures—
  15. 15  ‘‘(aa) to directly notify the
  16. 16  individual and the employer of a
  17. 17  confirmation, nonconfirmation, or
  18. 18  further action notice; and
  19. 19  ‘‘(bb) to provide information
  20. 20  about filing an administrative ap-
  21. 21  peal under paragraph (6) and a
  22. 22  hearing before an administrative
  23. 23  law judge under paragraph (7).
  24. 24  ‘‘(III) IMPLEMENTATION.—The
  25. 25  Secretary may provide for a phased-in

EAS13500 S.L.C. 433

  1. 1  implementation of the notification re-
  2. 2  quirements under this clause, as ap-
  3. 3  propriate. The notification system
  4. 4  shall cover all inquiries not later than
  5. 5  1 year from the date of the enactment
  6. 6  of the Border Security, Economic Op-
  7. 7  portunity, and Immigration Mod-
  8. 8  ernization Act.
  9. 9  ‘‘(C) CONFIRMATION OR NONCONFIRMA-
  10. 10  TION.—
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‘‘(i) INITIAL RESPONSE.—
‘‘(I) IN GENERAL.—Except as

provided in subclause (II), the System shall provide—

‘‘(aa) a confirmation of an individual’s identity and employ- ment authorized status or a fur- ther action notice at the time of the inquiry; and

‘‘(bb) an appropriate code indicating such confirmation or such further action notice.
‘‘(II) ALTERNATIVE DEAD-

LINE.—If the System is unable to provide immediate confirmation or

EAS13500 S.L.C. 434

  1. 1  further action notice for technological
  2. 2  reasons or due to unforeseen cir-
  3. 3  cumstances, the System shall provide
  4. 4  a confirmation or further action notice
  5. 5  not later than 3 business days after
  6. 6  the initial inquiry.
  7. 7  ‘‘(ii) CONFIRMATION UPON INITIAL
  8. 8  INQUIRY.—If the employer receives an ap-
  9. 9  propriate confirmation of an individual’s
  10. 10  identity and employment authorized status
  11. 11  under the System, the employer shall
  12. 12  record the confirmation in such manner as
  13. 13  the Secretary may specify.
  14. 14  ‘‘(iii) FURTHER ACTION NOTICE AND
  15. 15  LATER CONFIRMATION OR NONCONFIRMA-
  16. 16  TION.—
  17. 17  ‘‘(I) NOTIFICATION AND AC-
  18. 18  KNOWLEDGMENT THAT FURTHER AC-
  19. 19  TION IS REQUIRED.—Not later than 3
  20. 20  business days after an employer re-
  21. 21  ceives a further action notice of an in-
  22. 22  dividual’s identity or employment eli-
  23. 23  gibility under the System, or during
  24. 24  such other reasonable time as the Sec-
  25. 25  retary may prescribe, the employer

EAS13500 S.L.C. 435

  1. 1  shall notify the individual for whom
  2. 2  the confirmation is sought of the fur-
  3. 3  ther action notice and any procedures
  4. 4  specified by the Secretary for address-
  5. 5  ing such notice. The further action
  6. 6  notice shall be given to the individual
  7. 7  in writing and the employer shall ac-
  8. 8  knowledge in the System under pen-
  9. 9  alty of perjury that it provided the
  10. 10  employee with the further action no-
  11. 11  tice. The individual shall affirmatively
  12. 12  acknowledge in writing, or in such
  13. 13  other manner as the Secretary may
  14. 14  specify, the receipt of the further ac-
  15. 15  tion notice from the employer. If the
  16. 16  individual refuses to acknowledge the
  17. 17  receipt of the further action notice, or
  18. 18  acknowledges in writing that the indi-
  19. 19  vidual will not contest the further ac-
  20. 20  tion notice under subclause (II), the
  21. 21  employer shall notify the Secretary in
  22. 22  such manner as the Secretary may
  23. 23  specify.
  24. 24  ‘‘(II) CONTEST.—Not later than
  25. 25  10 business days after receiving noti-

EAS13500 S.L.C. 436

  1. 1  fication of a further action notice
  2. 2  under subclause (I), the individual
  3. 3  shall contact the appropriate Federal
  4. 4  agency and, if the Secretary so re-
  5. 5  quires, appear in person for purposes
  6. 6  of verifying the individual’s identity
  7. 7  and employment eligibility. The Sec-
  8. 8  retary, in consultation with the Com-
  9. 9  missioner and other appropriate Fed-
  10. 10  eral agencies, shall specify an avail-
  11. 11  able secondary verification procedure
  12. 12  to confirm the validity of information
  13. 13  provided and to provide a confirma-
  14. 14  tion or nonconfirmation. Any proce-
  15. 15  dures for reexamination shall not limit
  16. 16  in any way an employee’s right to ap-
  17. 17  peal a nonconfirmation.
  18. 18  ‘‘(III) NO CONTEST.—If the indi-
  19. 19  vidual refuses to acknowledge receipt
  20. 20  of the further action notice, acknowl-
  21. 21  edges that the individual will not con-
  22. 22  test the further action notice as pro-
  23. 23  vided in subclause (I), or does not
  24. 24  contact the appropriate Federal agen-
  25. 25  cy within the period specified in sub-

EAS13500 S.L.C. 437

  1. 1  clause (II), following expiration of the
  2. 2  period specified in subclause (II), a
  3. 3  nonconfirmation shall be issued. The
  4. 4  employer shall record the noncon-
  5. 5  firmation in such manner as the Sec-
  6. 6  retary may specify and terminate the
  7. 7  individual’s employment. An individ-
  8. 8  ual’s failure to contest a further ac-
  9. 9  tion notice shall not be considered an
  10. 10  admission of guilt with respect to any
  11. 11  violation of this section or any provi-
  12. 12  sion of law.
  13. 13  ‘‘(IV) CONFIRMATION OR NON-
  14. 14  CONFIRMATION.—Unless the period is
  15. 15  extended in accordance with this sub-
  16. 16  clause, the System shall provide a
  17. 17  confirmation or nonconfirmation not
  18. 18  later than 10 business days after the
  19. 19  date on which the individual contests
  20. 20  the further action notice under sub-
  21. 21  clause (II). If the Secretary deter-
  22. 22  mines that good cause exists, after
  23. 23  taking into account adverse impacts
  24. 24  to the employer, and including time to
  25. 25  permit the individual to obtain and

EAS13500 S.L.C. 438

  1. 1  provide needed evidence of identity or
  2. 2  employment eligibility, the Secretary
  3. 3  shall extend the period for providing
  4. 4  confirmation or nonconfirmation for
  5. 5  stated periods beyond 10 business
  6. 6  days. When confirmation or noncon-
  7. 7  firmation is provided, the confirma-
  8. 8  tion system shall provide an appro-
  9. 9  priate code indicating such confirma-
  10. 10  tion or nonconfirmation.
  11. 11  ‘‘(V) REEXAMINATION.—Nothing
  12. 12  in this section shall prevent the Sec-
  13. 13  retary from establishing procedures to
  14. 14  reexamine a case where a confirma-
  15. 15  tion or nonconfirmation has been pro-
  16. 16  vided if subsequently received infor-
  17. 17  mation indicates that the confirmation
  18. 18  or nonconfirmation may not have been
  19. 19  correct. Any procedures for reexam-
  20. 20  ination shall not limit in any way an
  21. 21  employee’s right to appeal a noncon-
  22. 22  firmation.
  23. 23  ‘‘(VI) EMPLOYEE PROTEC-
  24. 24  TIONS.—An employer may not termi-
  25. 25  nate employment or take any other

EAS13500 S.L.C. 439

  1. 1  adverse action against an individual
  2. 2  solely because of a failure of the indi-
  3. 3  vidual to have identity and employ-
  4. 4  ment eligibility confirmed under this
  5. 5  subsection until—
  6. 6  ‘‘(aa) a nonconfirmation has
  7. 7  been issued;
  8. 8  ‘‘(bb) if the further action
  9. 9  notice was contested, the period
  10. 10  to timely file an administrative
  11. 11  appeal has expired without an
  12. 12  appeal; or
  13. 13  ‘‘(cc) if an administrative
  14. 14  appeal has been filed, the non-
  15. 15  confirmation has been upheld.
  16. 16  ‘‘(iv) NOTICE OF NONCONFIRMA-
  17. 17  TION.—Not later than 3 business days
  18. 18  after an employer receives a nonconfirma-
  19. 19  tion, or during such other reasonable time
  20. 20  as the Secretary may provide, the employer
  21. 21  shall notify the individual who is the sub-
  22. 22  ject of the nonconfirmation, and provide
  23. 23  information about filing an administrative
  24. 24  appeal pursuant to paragraph (6) and re-
  25. 25  quest for a hearing before an administra-

EAS13500 S.L.C. 440

  1. 1  tive law judge pursuant to paragraph (7).
  2. 2  The nonconfirmation notice shall be given
  3. 3  to the individual in writing and the em-
  4. 4  ployer shall acknowledge in the System
  5. 5  under penalty of perjury that it provided
  6. 6  the notice (or adequately attempted to pro-
  7. 7  vide notice, but was unable to do so despite
  8. 8  reasonable efforts). The individual shall af-
  9. 9  firmatively acknowledge in writing, or in
  10. 10  such other manner as the Secretary may
  11. 11  prescribe, the receipt of the nonconfirma-
  12. 12  tion notice from the employer. If the indi-
  13. 13  vidual refuses or fails to acknowledge the
  14. 14  receipt of the nonconfirmation notice, the
  15. 15  employer shall notify the Secretary in such
  16. 16  manner as the Secretary may prescribe.
  17. 17  ‘‘(D) CONSEQUENCES OF NONCONFIRMA-
  18. 18  TION.—
  19. 19  ‘‘(i) TERMINATION OF CONTINUED
  20. 20  EMPLOYMENT.—Except as provided in
  21. 21  clause (iii), an employer that has received
  22. 22  a nonconfirmation regarding an individual
  23. 23  and has made reasonable efforts to notify
  24. 24  the individual in accordance with subpara-
  25. 25  graph (C)(iv) shall terminate the employ-

EAS13500 S.L.C. 441

  1. 1  ment of the individual upon the expiration
  2. 2  of the time period specified in paragraph
  3. 3  (6)(A) for filing an administrative appeal
  4. 4  and paragraph (7)(A) for requesting a
  5. 5  hearing before an administrative law judge.
  6. 6  ‘‘(ii) CONTINUED EMPLOYMENT
  7. 7  AFTER NONCONFIRMATION.—If the em-
  8. 8  ployer continues to employ an individual
  9. 9  after receiving nonconfirmation and ex-
  10. 10  haustion of all appeals or expiration of all
  11. 11  rights to appeal if not appealed, in viola-
  12. 12  tion of clause (i), a rebuttable presumption
  13. 13  is created that the employer has violated
  14. 14  paragraphs (1)(A) and (2) of subsection
  15. 15  (a). Such presumption shall not apply in
  16. 16  any prosecution under subsection (k)(1).
  17. 17  ‘‘(iii) EFFECT OF ADMINISTRATIVE
  18. 18  APPEAL OR REVIEW BY ADMINISTRATIVE
  19. 19  LAW JUDGE.—If an individual files an ad-
  20. 20  ministrative appeal of the nonconfirmation
  21. 21  within the time period specified in para-
  22. 22  graph (6)(A), or review by an administra-
  23. 23  tive law judge specified in paragraph
  24. 24  (7)(A), the employer shall not terminate
  25. 25  the individual’s employment under this

EAS13500 S.L.C. 442

  1. 1  subparagraph prior to the resolution of the
  2. 2  administrative appeal unless the Secretary
  3. 3  or Commissioner terminates the stay under
  4. 4  paragraph (6)(B) or (7)(B).
  5. 5  ‘‘(E) OBLIGATION TO RESPOND TO QUE-
  6. 6  RIES AND ADDITIONAL INFORMATION.—
  7. 7  ‘‘(i) IN GENERAL.—Employers shall
  8. 8  comply with requests for information from
  9. 9  the Secretary and the Special Counsel for
  10. 10  Immigration-Related Unfair Employment
  11. 11  Practices of the Department of Justice, in-
  12. 12  cluding queries concerning current and
  13. 13  former employees, within the time frame
  14. 14  during which records are required to be
  15. 15  maintained under this section regarding
  16. 16  such former employees, if such information
  17. 17  relates to the functioning of the System,
  18. 18  the accuracy of the responses provided by
  19. 19  the System, or any suspected misuse, dis-
  20. 20  crimination, fraud, or identity theft in the
  21. 21  use of the System. Failure to comply with
  22. 22  a request under this clause constitutes a
  23. 23  violation of subsection (a)(1)(B).
  24. 24  ‘‘(ii) ACTION BY INDIVIDUALS.—

EAS13500 S.L.C. 443

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‘‘(I) IN GENERAL.—Individuals being verified through the System may be required to take further action to address questions identified by the Secretary or the Commissioner re- garding the documents relied upon for purposes of subsection (c).

‘‘(II) NOTIFICATION.—Not later than 3 business days after the receipt of such questions regarding an indi- vidual, or during such other reason- able time as the Secretary may pre- scribe, the employer shall—

‘‘(aa) notify the individual of any such requirement for further actions; and

‘‘(bb) shall record the date and manner of such notification. ‘‘(III) ACKNOWLEDGMENT.—The

individual shall acknowledge the noti- fication received from the employer under subclause (II) in writing, or in such other manner as the Secretary may prescribe.

‘‘(iii) RULEMAKING.—

EAS13500 S.L.C. 444

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‘‘(I) IN GENERAL.—The Sec- retary, in consultation with the Com- missioner, is authorized to issue regu- lations implementing, clarifying, and supplementing the requirements under this subparagraph—

‘‘(aa) to facilitate the func- tioning, accuracy, and fairness of the System; or

‘‘(bb) to prevent misuse, dis- crimination, fraud, or identity theft in the use of the System. ‘‘(II) NOTICE.—The regulations

issued under subclause (I)—
‘‘(aa) shall be published in

the Federal Register; and
‘‘(bb) provide directly to all

employers registered in the Sys-

tem.
‘‘(F) DESIGNATED AGENTS.—The Sec-

retary shall establish a process—
‘‘(i) for certifying, on an annual basis

or at such times as the Secretary may pre- scribe, designated agents and other System service providers seeking access to the Sys-

EAS13500 S.L.C. 445

  1. 1  tem to perform verification queries on be-
  2. 2  half of employers, based upon training,
  3. 3  usage, privacy, and security standards pre-
  4. 4  scribed by the Secretary; and
  5. 5  ‘‘(ii) for ensuring that designated
  6. 6  agents and other System service providers
  7. 7  are subject to monitoring to the same ex-
  8. 8  tent as direct access users.
  9. 9  ‘‘(G) REQUIREMENT TO PROVIDE INFOR-
  10. 10  MATION.—
  11. 11  ‘‘(i) IN GENERAL.—No later than 3
  12. 12  months after the date of the enactment of
  13. 13  the Border Security, Economic Oppor-
  14. 14  tunity, and Immigration Modernization
  15. 15  Act, the Secretary, in consultation with the
  16. 16  Secretary of Labor, the Secretary of Agri-
  17. 17  culture, the Commissioner, the Attorney
  18. 18  General, the Equal Employment Oppor-
  19. 19  tunity Commission, and the Administrator
  20. 20  of the Small Business Administration,
  21. 21  shall commence a campaign to disseminate
  22. 22  information respecting the procedures,
  23. 23  rights, and remedies prescribed under this
  24. 24  section.

EAS13500 S.L.C. 446

  1. 1  ‘‘(ii) CAMPAIGN REQUIREMENTS.—
  2. 2  The campaign authorized under clause
  3. 3  (i)—
  4. 4  ‘‘(I) shall be aimed at increasing
  5. 5  the knowledge of employers, employ-
  6. 6  ees, and the general public concerning
  7. 7  employer and employee rights, respon-
  8. 8  sibilities, and remedies under this sec-
  9. 9  tion; and
  10. 10  ‘‘(II) shall be coordinated with
  11. 11  the public education campaign con-
  12. 12  ducted by U.S. Citizenship and Immi-
  13. 13  gration Services.
  14. 14  ‘‘(iii) ASSESSMENT.—The Secretary
  15. 15  shall assess the success of the campaign in
  16. 16  achieving the goals of the campaign.
  17. 17  ‘‘(iv) AUTHORITY TO CONTRACT.—In
  18. 18  order to carry out and assess the campaign
  19. 19  under this subparagraph, the Secretary
  20. 20  may, to the extent deemed appropriate and
  21. 21  subject to the availability of appropria-
  22. 22  tions, contract with public and private or-
  23. 23  ganizations for outreach and assessment
  24. 24  activities under the campaign.

EAS13500 S.L.C. 447

  1. 1  ‘‘(v) AUTHORIZATION OF APPROPRIA-
  2. 2  TIONS.—There are authorized to be appro-
  3. 3  priated to carry out this paragraph
  4. 4  $40,000,000 for each of the fiscal years
  5. 5  2014 through 2016.
  6. 6  ‘‘(H) AUTHORITY TO MODIFY INFORMA-
  7. 7  TION REQUIREMENTS.—Based on a regular re-
  8. 8  view of the System and the document
  9. 9  verification procedures to identify misuse or
  10. 10  fraudulent use and to assess the security of the
  11. 11  documents and processes used to establish iden-
  12. 12  tity or employment authorized status, the Sec-
  13. 13  retary, in consultation with the Commissioner,
  14. 14  after publication of notice in the Federal Reg-
  15. 15  ister and an opportunity for public comment,
  16. 16  may modify, if the Secretary determines that
  17. 17  the modification is necessary to ensure that the
  18. 18  System accurately and reliably determines the
  19. 19  identity and employment authorized status of
  20. 20  employees and maintain existing protections
  21. 21  against misuse, discrimination, fraud, and iden-
  22. 22  tity theft—
  23. 23  ‘‘(i) the information that shall be pre-
  24. 24  sented to the employer by a worker indi-
  25. 25  vidual;

EAS13500 S.L.C. 448

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‘‘(ii) the information that shall be pro- vided to the System by the employer; and ‘‘(iii) the procedures that shall be fol- lowed by employers with respect to the process of verifying an individual through

the System.

‘‘(I) SELF-VERIFICATION.—Subject to ap- propriate safeguards to prevent misuse of the system, the Secretary, in consultation with the Commissioner, shall establish a secure self- verification procedure to permit an individual who seeks to verify the individual’s own employ- ment eligibility to contact the appropriate agen- cy and, in a timely manner, correct or update the information contained in the System.

‘‘(5) PROTECTION FROM LIABILITY FOR AC- TIONS TAKEN ON THE BASIS OF INFORMATION PRO- VIDED BY THE SYSTEM.—An employer shall not be liable to a job applicant, an employee, the Federal Government, or a State or local government, under Federal, State, or local criminal or civil law for any employment-related action taken with respect to a job applicant or employee in good-faith reliance on information provided by the System.

‘‘(6) ADMINISTRATIVE APPEAL.—

EAS13500 S.L.C. 449

  1. 1  ‘‘(A) IN GENERAL.—An individual who is
  2. 2  notified of a nonconfirmation may, not later
  3. 3  than 10 business days after the date that such
  4. 4  notice is received, file an administrative appeal
  5. 5  of such nonconfirmation with the Commissioner
  6. 6  if the notice is based on records maintained by
  7. 7  the Commissioner, or in any other case, with
  8. 8  the Secretary. An individual who did not timely
  9. 9  contest a further action notice timely received
  10. 10  by that individual for which the individual ac-
  11. 11  knowledged receipt may not be granted a review
  12. 12  under this paragraph.
  13. 13  ‘‘(B) ADMINISTRATIVE STAY OF NONCON-
  14. 14  FIRMATION.—The nonconfirmation shall be
  15. 15  automatically stayed upon the timely filing of
  16. 16  an administrative appeal, unless the noncon-
  17. 17  firmation resulted after the individual acknowl-
  18. 18  edged receipt of the further action notice but
  19. 19  failed to contact the appropriate agency within
  20. 20  the time provided. The stay shall remain in ef-
  21. 21  fect until the resolution of the appeal, unless
  22. 22  the Secretary or the Commissioner terminates
  23. 23  the stay based on a determination that the ad-
  24. 24  ministrative appeal is frivolous or filed for pur-
  25. 25  poses of delay.

EAS13500 S.L.C. 450

  1. 1  ‘‘(C) REVIEW FOR ERROR.—The Secretary
  2. 2  and the Commissioner shall develop procedures
  3. 3  for resolving administrative appeals regarding
  4. 4  nonconfirmations based upon the information
  5. 5  that the individual has provided, including any
  6. 6  additional evidence or argument that was not
  7. 7  previously considered. Any such additional evi-
  8. 8  dence or argument shall be filed within 10 busi-
  9. 9  ness days of the date the appeal was originally
  10. 10  filed. Appeals shall be resolved within 20 busi-
  11. 11  ness days after the individual has submitted all
  12. 12  evidence and arguments the individual wishes to
  13. 13  submit, or has stated in writing that there is no
  14. 14  additional evidence that the individual wishes to
  15. 15  submit. The Secretary and the Commissioner
  16. 16  may, on a case by case basis for good cause, ex-
  17. 17  tend the filing and submission period in order
  18. 18  to ensure accurate resolution of an appeal be-
  19. 19  fore the Secretary or the Commissioner.
  20. 20  ‘‘(D) PREPONDERANCE OF EVIDENCE.—
  21. 21  Administrative appeal under this paragraph
  22. 22  shall be limited to whether a nonconfirmation
  23. 23  notice is supported by a preponderance of the
  24. 24  evidence.

EAS13500 S.L.C. 451

  1. 1  ‘‘(E) DAMAGES, FEES, AND COSTS.—No
  2. 2  money damages, fees or costs may be awarded
  3. 3  in the administrative appeal process under this
  4. 4  paragraph.
  5. 5  ‘‘(7) REVIEW BY ADMINISTRATIVE LAW
  6. 6  JUDGE.—
  7. 7  ‘‘(A) IN GENERAL.—Not later than 30
  8. 8  days after the date an individual receives a final
  9. 9  determination on an administrative appeal
  10. 10  under paragraph (6), the individual may obtain
  11. 11  review of such determination by filing a com-
  12. 12  plaint with an administrative law judge in ac-
  13. 13  cordance with this paragraph.
  14. 14  ‘‘(B) STAY OF NONCONFIRMATION.—The
  15. 15  nonconfirmation related to such final deter-
  16. 16  mination shall be automatically stayed upon the
  17. 17  timely filing of a complaint under this para-
  18. 18  graph, and the stay shall remain in effect until
  19. 19  the resolution of the complaint, unless the ad-
  20. 20  ministrative law judge determines that the ac-
  21. 21  tion is frivolous or filed for purposes of delay.
  22. 22  ‘‘(C) SERVICE.—The respondent to com-
  23. 23  plaint filed under this paragraph is either the
  24. 24  Secretary or the Commissioner, but not both,
  25. 25  depending upon who issued the administrative

EAS13500 S.L.C. 452

  1. 1  order under paragraph (6). In addition to serv-
  2. 2  ing the respondent, the plaintiff shall serve the
  3. 3  Attorney General.
  4. 4  ‘‘(D) AUTHORITY OF ADMINISTRATIVE
  5. 5  LAW JUDGE.—
  6. 6  ‘‘(i) RULES OF PRACTICE.—The Sec-
  7. 7  retary shall promulgate regulations regard-
  8. 8  ing the rules of practice in appeals brought
  9. 9  pursuant to this subsection.
  10. 10  ‘‘(ii) AUTHORITY OF ADMINISTRATIVE
  11. 11  LAW JUDGE.—The administrative law
  12. 12  judge shall have power to—
  13. 13  ‘‘(I) terminate a stay of a non-
  14. 14  confirmation under subparagraph (B)
  15. 15  if the administrative law judge deter-
  16. 16  mines that the action is frivolous or
  17. 17  filed for purposes of delay;
  18. 18  ‘‘(II) adduce evidence at a hear-
  19. 19  ing;
  20. 20  ‘‘(III) compel by subpoena the
  21. 21  attendance of witnesses and the pro-
  22. 22  duction of evidence at any designated
  23. 23  place or hearing;
  24. 24  ‘‘(IV) resolve claims of identity
  25. 25  theft; and

EAS13500 S.L.C. 453

  1. 1  ‘‘(V) enter, upon the pleadings
  2. 2  and any evidence adduced at a hear-
  3. 3  ing, a decision affirming or reversing
  4. 4  the result of the agency, with or with-
  5. 5  out remanding the cause for a rehear-
  6. 6  ing.
  7. 7  ‘‘(iii) SUBPOENA.—In case of contu-
  8. 8  macy or refusal to obey a subpoena law-
  9. 9  fully issued under this section and upon
  10. 10  application of the administrative law judge,
  11. 11  an appropriate district court of the United
  12. 12  States may issue an order requiring com-
  13. 13  pliance with such subpoena and any failure
  14. 14  to obey such order may be punished by
  15. 15  such court as a contempt of such court.
  16. 16  ‘‘(iv) TRAINING.—An administrative
  17. 17  law judge hearing cases shall have special
  18. 18  training respecting employment authorized
  19. 19  status verification.
  20. 20  ‘‘(E) ORDER BY ADMINISTRATIVE LAW
  21. 21  JUDGE.—
  22. 22  ‘‘(i) IN GENERAL.—The administra-
  23. 23  tive law judge shall issue and cause to be
  24. 24  served to the parties in the proceeding an

EAS13500 S.L.C. 454

  1. 1  order which may be appealed as provided
  2. 2  in subparagraph (G).
  3. 3  ‘‘(ii) CONTENTS OF ORDER.—Such an
  4. 4  order shall uphold or reverse the final de-
  5. 5  termination on the request for reconsider-
  6. 6  ation and order lost wages and other ap-
  7. 7  propriate remedies as provided in subpara-
  8. 8  graph (F).
  9. 9  ‘‘(F) COMPENSATION FOR ERROR.—
  10. 10  ‘‘(i) IN GENERAL.—In cases in which
  11. 11  the administrative law judge reverses the
  12. 12  final determination of the Secretary or the
  13. 13  Commissioner made under paragraph (6),
  14. 14  and the administrative law judge finds
  15. 15  that—
  16. 16  ‘‘(I) the nonconfirmation was due
  17. 17  to gross negligence or intentional mis-
  18. 18  conduct of the employer, the adminis-
  19. 19  trative law judge may order the em-
  20. 20  ployer to pay the individual lost
  21. 21  wages, and reasonable costs and attor-
  22. 22  neys’ fees incurred during administra-
  23. 23  tive and judicial review; or
  24. 24  ‘‘(II) such final determination
  25. 25  was erroneous by reason of the neg-

EAS13500 S.L.C. 455

  1. 1  ligence of the Secretary or the Com-
  2. 2  missioner, the administrative law
  3. 3  judge may order the Secretary or the
  4. 4  Commissioner to pay the individual
  5. 5  lost wages, and reasonable costs and
  6. 6  attorneys’ fees incurred during admin-
  7. 7  istrative and judicial review.
  8. 8  ‘‘(ii) CALCULATION OF LOST
  9. 9  WAGES.—Lost wages shall be calculated
  10. 10  based on the wage rate and work schedule
  11. 11  that prevailed prior to termination. The in-
  12. 12  dividual shall be compensated for wages
  13. 13  lost beginning on the first scheduled work
  14. 14  day after employment was terminated and
  15. 15  ending 120 days after completion of the
  16. 16  administrative law judge’s review described
  17. 17  in this paragraph or the day after the indi-
  18. 18  vidual is reinstated or obtains employment
  19. 19  elsewhere, whichever occurs first. If the in-
  20. 20  dividual obtains employment elsewhere at a
  21. 21  lower wage rate, the individual shall be
  22. 22  compensated for the difference in wages
  23. 23  for the period ending 120 days after com-
  24. 24  pletion of the administrative law judge re-
  25. 25  view process. No lost wages shall be award-

EAS13500 S.L.C. 456

  1. 1  ed for any period of time during which the
  2. 2  individual was not in employment author-
  3. 3  ized status.
  4. 4  ‘‘(iii) PAYMENT OF COMPENSATION.—
  5. 5  Notwithstanding any other law, payment of
  6. 6  compensation for lost wages, costs, and at-
  7. 7  torneys’ fees under this paragraph, or com-
  8. 8  promise settlements of the same, shall be
  9. 9  made as provided by section 1304 of title
  10. 10  31, United States Code. Appropriations
  11. 11  made available to the Secretary or the
  12. 12  Commissioner, accounts provided for under
  13. 13  section 286, and funds from the Federal
  14. 14  Old-Age and Survivors Insurance Trust
  15. 15  Fund or the Federal Disability Insurance
  16. 16  Trust Fund shall not be available to pay
  17. 17  such compensation.
  18. 18  ‘‘(G) APPEAL.—No later than 45 days
  19. 19  after the entry of such final order, any person
  20. 20  adversely affected by such final order may seek
  21. 21  review of such order in the United States Court
  22. 22  of Appeals for the circuit in which the violation
  23. 23  is alleged to have occurred or in which the em-
  24. 24  ployer resides or transacts business.
  25. 25  ‘‘(8) MANAGEMENT OF THE SYSTEM.—

EAS13500 S.L.C. 457

  1. 1  ‘‘(A) IN GENERAL.—The Secretary is au-
  2. 2  thorized to establish, manage, and modify the
  3. 3  System, which shall—
  4. 4  ‘‘(i) respond to inquiries made by par-
  5. 5  ticipating employers at any time through
  6. 6  the internet, or such other means as the
  7. 7  Secretary may designate, concerning an in-
  8. 8  dividual’s identity and whether the indi-
  9. 9  vidual is in employment authorized status;
  10. 10  ‘‘(ii) maintain records of the inquiries
  11. 11  that were made, of confirmations provided
  12. 12  (or not provided), and of the codes pro-
  13. 13  vided to employers as evidence of their
  14. 14  compliance with their obligations under the
  15. 15  System; and
  16. 16  ‘‘(iii) provide information to, and re-
  17. 17  quire action by, employers and individuals
  18. 18  using the System.
  19. 19  ‘‘(B) DESIGN AND OPERATION OF SYS-
  20. 20  TEM.—The System shall be designed and oper-
  21. 21  ated—
  22. 22  ‘‘(i) to maximize its reliability and
  23. 23  ease of use by employers consistent with
  24. 24  protecting the privacy and security of the

EAS13500 S.L.C. 458

  1. 1  underlying information, and ensuring full
  2. 2  notice of such use to employees;
  3. 3  ‘‘(ii) to maximize its ease of use by
  4. 4  employees, including direct notification of
  5. 5  its use, of results, and ability to challenge
  6. 6  results;
  7. 7  ‘‘(iii) to respond accurately to all in-
  8. 8  quiries made by employers on whether in-
  9. 9  dividuals are authorized to be employed
  10. 10  and to register any times when the system
  11. 11  is unable to receive inquiries;
  12. 12  ‘‘(iv) to maintain appropriate adminis-
  13. 13  trative, technical, and physical safeguards
  14. 14  to prevent unauthorized disclosure of per-
  15. 15  sonal information, misuse by employers
  16. 16  and employees, and discrimination;
  17. 17  ‘‘(v) to require regularly scheduled re-
  18. 18  fresher training of all users of the System
  19. 19  to ensure compliance with all procedures;
  20. 20  ‘‘(vi) to allow for auditing of the use
  21. 21  of the System to detect misuse, discrimina-
  22. 22  tion, fraud, and identity theft, and to pre-
  23. 23  serve the integrity and security of the in-
  24. 24  formation in all of the System, including—

EAS13500 S.L.C. 459

  1. 1  ‘‘(I) to develop and use tools and
  2. 2  processes to detect or prevent fraud
  3. 3  and identity theft, such as multiple
  4. 4  uses of the same identifying informa-
  5. 5  tion or documents to fraudulently gain
  6. 6  employment;
  7. 7  ‘‘(II) to develop and use tools
  8. 8  and processes to detect and prevent
  9. 9  misuse of the system by employers
  10. 10  and employees;
  11. 11  ‘‘(III) to develop tools and proc-
  12. 12  esses to detect anomalies in the use of
  13. 13  the system that may indicate potential
  14. 14  fraud or misuse of the system;
  15. 15  ‘‘(IV) to audit documents and in-
  16. 16  formation submitted by employees to
  17. 17  employers, including authority to con-
  18. 18  duct interviews with employers and
  19. 19  employees, and obtain information
  20. 20  concerning employment from the em-
  21. 21  ployer;
  22. 22  ‘‘(vii) to confirm identity and employ-
  23. 23  ment authorization through verification
  24. 24  and comparison of records as determined
  25. 25  necessary by the Secretary;

EAS13500 S.L.C. 460

  1. 1  ‘‘(viii) to confirm electronically the
  2. 2  issuance of the employment authorization
  3. 3  or identity document and—
  4. 4  ‘‘(I) if such photograph is avail-
  5. 5  able, to display the digital photograph
  6. 6  that the issuer placed on the docu-
  7. 7  ment so that the employer can com-
  8. 8  pare the photograph displayed to the
  9. 9  photograph on the document pre-
  10. 10  sented by the employee; or
  11. 11  ‘‘(II) if a photograph is not avail-
  12. 12  able from the issuer, to confirm the
  13. 13  authenticity of the document using
  14. 14  such alternative procedures as the
  15. 15  Secretary may specify; and
  16. 16  ‘‘(ix) to provide appropriate notifica-
  17. 17  tion directly to employers registered with
  18. 18  the System of all changes made by the
  19. 19  Secretary or the Commissioner related to
  20. 20  allowed and prohibited documents, and use
  21. 21  of the System.
  22. 22  ‘‘(C) SAFEGUARDS TO THE SYSTEM.—
  23. 23  ‘‘(i) REQUIREMENT TO DEVELOP.—
  24. 24  The Secretary, in consultation with the
  25. 25  Commissioner and other appropriate Fed-

EAS13500 S.L.C. 461

  1. 1  eral and State agencies, shall develop poli-
  2. 2  cies and procedures to ensure protection of
  3. 3  the privacy and security of personally iden-
  4. 4  tifiable information and identifiers con-
  5. 5  tained in the records accessed or main-
  6. 6  tained by the System. The Secretary, in
  7. 7  consultation with the Commissioner and
  8. 8  other appropriate Federal and State agen-
  9. 9  cies, shall develop and deploy appropriate
  10. 10  privacy and security training for the Fed-
  11. 11  eral and State employees accessing the
  12. 12  records under the System.
  13. 13  ‘‘(ii) PRIVACY AUDITS.—The Sec-
  14. 14  retary, acting through the Chief Privacy
  15. 15  Officer of the Department, shall conduct
  16. 16  regular privacy audits of the policies and
  17. 17  procedures established under clause (i), in-
  18. 18  cluding any collection, use, dissemination,
  19. 19  and maintenance of personally identifiable
  20. 20  information and any associated informa-
  21. 21  tion technology systems, as well as scope of
  22. 22  requests for this information. The Chief
  23. 23  Privacy Officer shall review the results of
  24. 24  the audits and recommend to the Secretary

EAS13500 S.L.C. 462

  1. 1  any changes necessary to improve the pri-
  2. 2  vacy protections of the program.
  3. 3  ‘‘(iii) RECORDS SECURITY PRO-
  4. 4  GRAM.—Any person, including a private
  5. 5  third party vendor, who retains document
  6. 6  verification or System data pursuant to
  7. 7  this section shall implement an effective
  8. 8  records security program that—
  9. 9  ‘‘(I) ensures that only authorized
  10. 10  personnel have access to document
  11. 11  verification or System data; and
  12. 12  ‘‘(II) ensures that whenever such
  13. 13  data is created, completed, updated,
  14. 14  modified, altered, or corrected in elec-
  15. 15  tronic format, a secure and perma-
  16. 16  nent record is created that establishes
  17. 17  the date of access, the identity of the
  18. 18  individual who accessed the electronic
  19. 19  record, and the particular action
  20. 20  taken.
  21. 21  ‘‘(iv) RECORDS SECURITY PRO-
  22. 22  GRAM.—In addition to the security meas-
  23. 23  ures described in clause (iii), a private
  24. 24  third party vendor who retains document
  25. 25  verification or System data pursuant to

EAS13500 S.L.C. 463

  1. 1  this section shall implement an effective
  2. 2  records security program that—
  3. 3  ‘‘(I) provides for backup and re-
  4. 4  covery of any records maintained in
  5. 5  electronic format to protect against
  6. 6  information loss, such as power inter-
  7. 7  ruptions; and
  8. 8  ‘‘(II) ensures that employees are
  9. 9  trained to minimize the risk of unau-
  10. 10  thorized or accidental alteration or
  11. 11  erasure of such data in electronic for-
  12. 12  mat.
  13. 13  ‘‘(v) AUTHORIZED PERSONNEL DE-
  14. 14  FINED.—In this subparagraph, the term
  15. 15  ‘authorized personnel’ means anyone reg-
  16. 16  istered as a System user, or anyone with
  17. 17  partial or full responsibility for completion
  18. 18  of employment authorization verification or
  19. 19  retention of data in connection with em-
  20. 20  ployment authorization verification on be-
  21. 21  half of an employer.
  22. 22  ‘‘(D) RESPONSIBILITIES OF THE SEC-
  23. 23  RETARY.—
  24. 24  ‘‘(i) IN GENERAL.—As part of the
  25. 25  System, the Secretary shall maintain a re-

EAS13500 S.L.C. 464

  1. 1  liable, secure method, which, operating
  2. 2  through the System and within the time
  3. 3  periods specified, compares the name, alien
  4. 4  identification or authorization number, or
  5. 5  other information as determined relevant
  6. 6  by the Secretary, provided in an inquiry
  7. 7  against such information maintained or
  8. 8  accessed by the Secretary in order to con-
  9. 9  firm (or not confirm) the validity of the in-
  10. 10  formation provided, the correspondence of
  11. 11  the name and number, whether the alien
  12. 12  has employment authorized status (or, to
  13. 13  the extent that the Secretary determines to
  14. 14  be feasible and appropriate, whether the
  15. 15  records available to the Secretary verify
  16. 16  the identity or status of a national of the
  17. 17  United States), and such other information
  18. 18  as the Secretary may prescribe.
  19. 19  ‘‘(ii) PHOTOGRAPH DISPLAY.—As part
  20. 20  of the System, the Secretary shall establish
  21. 21  a reliable, secure method, which, operating
  22. 22  through the System, displays the digital
  23. 23  photograph described in subparagraph
  24. 24  (B)(viii)(I).

EAS13500 S.L.C. 465

  1. 1  ‘‘(iii) TIMING OF NOTICES.—The Sec-
  2. 2  retary shall have authority to prescribe
  3. 3  when a confirmation, nonconfirmation, or
  4. 4  further action notice shall be issued.
  5. 5  ‘‘(iv) USE OF INFORMATION.—The
  6. 6  Secretary shall perform regular audits
  7. 7  under the System, as described in subpara-
  8. 8  graph (B)(vi) and shall utilize the informa-
  9. 9  tion obtained from such audits, as well as
  10. 10  any information obtained from the Com-
  11. 11  missioner pursuant to part E of title XI of
  12. 12  the Social Security Act (42 U.S.C. 1301 et
  13. 13  seq.), for the purposes of this section and
  14. 14  to administer and enforce the immigration
  15. 15  laws.
  16. 16  ‘‘(v) AVAILABLE FACILITIES AND AL-
  17. 17  TERNATIVE ACCOMMODATIONS.—The Sec-
  18. 18  retary shall make appropriate arrange-
  19. 19  ments and develop standards to allow em-
  20. 20  ployers or employees, including remote
  21. 21  hires, who are otherwise unable to access
  22. 22  the System to use electronic and telephonic
  23. 23  formats (including video conferencing,
  24. 24  scanning technology, and other available
  25. 25  technologies), Federal Government facili-

EAS13500 S.L.C. 466

  1. 1  ties, public facilities, or other available lo-
  2. 2  cations in order to utilize the System.
  3. 3  ‘‘(vi) IDENTITY FRAUD PROTEC-
  4. 4  TION.—To prevent identity fraud, not later
  5. 5  than 18 months after the date of the en-
  6. 6  actment of the Border Security, Economic
  7. 7  Opportunity, and Immigration Moderniza-
  8. 8  tion Act, the Secretary shall—
  9. 9  ‘‘(I) in consultation with the
  10. 10  Commissioner, establish a program to
  11. 11  provide a reliable, secure method for
  12. 12  an individual to temporarily suspend
  13. 13  or limit the use of the individual’s so-
  14. 14  cial security account number or other
  15. 15  identifying information for verification
  16. 16  by the System; and
  17. 17  ‘‘(II) for each individual being
  18. 18  verified through the System—
  19. 19  ‘‘(aa) notify the individual
  20. 20  that the individual has the option
  21. 21  to limit the use of the individ-
  22. 22  ual’s social security account num-
  23. 23  ber or other identifying informa-
  24. 24  tion for verification by the Sys-
  25. 25  tem; and

EAS13500 S.L.C. 467

1 2 3 4 5 6 7 8 9

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

‘‘(bb) provide instructions to the individuals for exercising the option referred to in item (aa).

‘‘(vii) PROTECTION FROM MULTIPLE USE.—The Secretary and the Commis- sioner shall establish a procedure for iden- tifying and handling a situation in which a social security account number has been identified to be subject to unusual multiple use in the System or is otherwise suspected or determined to have been compromised by identity fraud.

‘‘(viii) MONITORING AND COMPLIANCE UNIT.—The Secretary shall establish or designate a monitoring and compliance unit to detect and reduce identity fraud and other misuse of the System.

‘‘(ix) CIVIL RIGHTS AND CIVIL LIB- ERTIES ASSESSMENTS.—

‘‘(I) REQUIREMENT TO CON- DUCT.—The Secretary shall conduct regular civil rights and civil liberties assessments of the System, including participation by employers, other pri-

EAS13500 S.L.C. 468

  1. 1  vate entities, and Federal, State, and
  2. 2  local government entities.
  3. 3  ‘‘(II) REQUIREMENT TO RE-
  4. 4  SPOND.—Employers, other private en-
  5. 5  tities, and Federal, State, and local
  6. 6  entities shall timely respond to any re-
  7. 7  quest in connection with such an as-
  8. 8  sessment.
  9. 9  ‘‘(III) ASSESSMENT AND REC-
  10. 10  OMMENDATIONS.—The Officer for
  11. 11  Civil Rights and Civil Liberties of the
  12. 12  Department shall review the results of
  13. 13  each such assessment and recommend
  14. 14  to the Secretary any changes nec-
  15. 15  essary to improve the civil rights and
  16. 16  civil liberties protections of the Sys-
  17. 17  tem.
  18. 18  ‘‘(E) GRANTS TO STATES.—
  19. 19  ‘‘(i) IN GENERAL.—The Secretary
  20. 20  shall create and administer a grant pro-
  21. 21  gram to help provide funding for States
  22. 22  that grant—
  23. 23  ‘‘(I) the Secretary access to driv-
  24. 24  er’s license information as needed to
  25. 25  confirm that a driver’s license pre-

EAS13500 S.L.C. 469

  1. 1  sented under subsection (c)(1)(C)(i)
  2. 2  confirms the identity of the subject of
  3. 3  the System check, and that a driver’s
  4. 4  license matches the State’s records;
  5. 5  and
  6. 6  ‘‘(II) such assistance as the Sec-
  7. 7  retary may request in order to resolve
  8. 8  further action notices or nonconfirma-
  9. 9  tions relating to such information.
  10. 10  ‘‘(ii) CONSTRUCTION WITH THE DRIV-
  11. 11  ER’S PRIVACY PROTECTION ACT OF 1994.—
  12. 12  The provision of a photograph to the Sec-
  13. 13  retary as described in clause (i) may not be
  14. 14  construed as a violation of section 2721 of
  15. 15  title 18, United States Code, and is a per-
  16. 16  missible use under subsection (b)(1) of
  17. 17  that section.
  18. 18  ‘‘(iii) AUTHORIZATION OF APPROPRIA-
  19. 19  TIONS.—There is authorized to be appro-
  20. 20  priated to the Secretary $250,000,000 to
  21. 21  carry out this subparagraph.
  22. 22  ‘‘(F) RESPONSIBILITIES OF THE SEC-
  23. 23  RETARY OF STATE.—As part of the System, the
  24. 24  Secretary of State shall provide to the Sec-
  25. 25  retary access to passport and visa information

EAS13500 S.L.C. 470

  1. 1  as needed to confirm that a passport, passport
  2. 2  card, or visa presented under subsection
  3. 3  (c)(1)(B) confirms the identity of the subject of
  4. 4  the System check, and that a passport, passport
  5. 5  card, or visa photograph matches the Secretary
  6. 6  of State’s records, and shall provide such assist-
  7. 7  ance as the Secretary may request in order to
  8. 8  resolve further action notices or nonconfirma-
  9. 9  tions relating to such information.
  10. 10  ‘‘(G) UPDATING INFORMATION.—The
  11. 11  Commissioner, the Secretary, and the Secretary
  12. 12  of State shall update their information in a
  13. 13  manner that promotes maximum accuracy and
  14. 14  shall provide a process for the prompt correc-
  15. 15  tion of erroneous information.
  16. 16  ‘‘(9) LIMITATION ON USE OF THE SYSTEM.—
  17. 17  Notwithstanding any other provision of law, nothing
  18. 18  in this subsection may be construed to permit or
  19. 19  allow any department, bureau, or other agency of
  20. 20  the United States Government or any other entity to
  21. 21  utilize any information, database, or other records
  22. 22  assembled under this subsection for any purpose
  23. 23  other than for employment verification or to ensure
  24. 24  secure, appropriate and nondiscriminatory use of the
  25. 25  System.

EAS13500 S.L.C. 471

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‘‘(10) ANNUAL REPORT AND CERTIFICATION.— Not later than 18 months after the promulgation of regulations to implement this subsection, and annu- ally thereafter, the Secretary shall submit to Con- gress a report that includes the following:

‘‘(A) An assessment of the accuracy rates of further action notices and other System no- tices provided by employers to individuals who are authorized to be employed in the United States.

‘‘(B) An assessment of the accuracy rates of further action notices and other System no- tices provided directly (by the System) in a timely fashion to individuals who are not au- thorized to be employed in the United States.

‘‘(C) An assessment of any challenges faced by small employers in utilizing the Sys- tem.

‘‘(D) An assessment of the rate of em- ployer noncompliance (in addition to failure to provide required notices in a timely fashion) in each of the following categories:

‘‘(i) Taking adverse action based on a further action notice.

EAS13500 S.L.C. 472

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‘‘(ii) Use of the System for non- employees or other individuals before they are offered employment.

‘‘(iii) Use of the System to reverify employment authorized status of current employees except if authorized to do so.

‘‘(iv) Use of the System selectively, except in cases in which such use is au- thorized.

‘‘(v) Use of the System to deny em- ployment or post-employment benefits or otherwise interfere with labor rights.

‘‘(vi) Requiring employees or appli- cants to use any self-verification feature or to provide self-verification results.

‘‘(vii) Discouraging individuals who receive a further action notice from chal- lenging the further action notice or appeal- ing a determination made by the System. ‘‘(E) An assessment of the rate of em-

ployee noncompliance in each of the following categories:

‘‘(i) Obtaining employment when un- authorized with an employer complying with the System in good faith.

EAS13500 S.L.C. 473

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‘‘(ii) Failure to provide required docu- ments in a timely manner.

‘‘(iii) Attempting to use fraudulent documents or documents not related to the individual.

‘‘(iv) Misuse of the administrative ap- peal and judicial review process.
‘‘(F) An assessment of the amount of time

taken for—
‘‘(i) the System to provide the con-

firmation or further action notice;
‘‘(ii) individuals to contest further ac-

tion notices;
‘‘(iii) the System to provide a con-

firmation or nonconfirmation of a con- tested further action notice;

‘‘(iv) individuals to file an administra- tive appeal of a nonconfirmation; and

‘‘(v) resolving administrative appeals regarding nonconfirmations.

‘‘(11) ANNUAL GAO STUDY AND REPORT.— ‘‘(A) REQUIREMENT.—The Comptroller General shall, for each year, undertake a study to evaluate the accuracy, efficiency, integrity,

and impact of the System.

EAS13500 S.L.C. 474

  1. 1  ‘‘(B) REPORT.—Not later than 18 months
  2. 2  after the promulgation of regulations to imple-
  3. 3  ment this subsection, and yearly thereafter, the
  4. 4  Comptroller General shall submit to Congress a
  5. 5  report containing the findings of the study car-
  6. 6  ried out under this paragraph. Each such re-
  7. 7  port shall include, at a minimum, the following:
  8. 8  ‘‘(i) An assessment of System per-
  9. 9  formance with respect to the rate at which
  10. 10  individuals who are eligible for employment
  11. 11  in the United States are correctly approved
  12. 12  within the required periods, including a
  13. 13  separate assessment of such rate for na-
  14. 14  tionals and aliens.
  15. 15  ‘‘(ii) An assessment of the privacy and
  16. 16  confidentiality of the System and of the
  17. 17  overall security of the System with respect
  18. 18  to cybertheft and theft or misuse of private
  19. 19  data.
  20. 20  ‘‘(iii) An assessment of whether the
  21. 21  System is being implemented in a manner
  22. 22  that is not discriminatory or used for retal-
  23. 23  iation against employees.
  24. 24  ‘‘(iv) An assessment of the most com-
  25. 25  mon causes for the erroneous issuance of

EAS13500 S.L.C. 475

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nonconfirmations by the System and rec- ommendations to correct such causes.

‘‘(v) The recommendations of the Comptroller General regarding System im- provements.

‘‘(vi) An assessment of the frequency and magnitude of changes made to the System and the impact on the ability for employers to comply in good faith.

‘‘(vii) An assessment of the direct and indirect costs incurred by employers in complying with the System, including costs associated with retaining potential employ- ees through the administrative appeals process and receiving a nonconfirmation.

‘‘(viii) An assessment of any backlogs or delays in the System providing the con- firmation or further action notice and im- pacts to hiring by employers.

‘‘(e) COMPLIANCE.—
‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The

Secretary shall establish procedures—
‘‘(A) for individuals and entities to file

complaints respecting potential violations of subsections (a) or (f)(1);

EAS13500 S.L.C. 476

  1. 1  ‘‘(B) for the investigation of those com-
  2. 2  plaints which the Secretary deems appropriate
  3. 3  to investigate; and
  4. 4  ‘‘(C) for providing notification to the Spe-
  5. 5  cial Counsel for Immigration-Related Unfair
  6. 6  Employment Practices of the Department of
  7. 7  Justice of potential violations of section 274B.
  8. 8  ‘‘(2) AUTHORITY IN INVESTIGATIONS.—In con-
  9. 9  ducting investigations and proceedings under this
  10. 10  subsection—
  11. 11  ‘‘(A) immigration officers shall have rea-
  12. 12  sonable access to examine evidence of the em-
  13. 13  ployer being investigated;
  14. 14  ‘‘(B) immigration officers designated by
  15. 15  the Secretary, and administrative law judges
  16. 16  and other persons authorized to conduct pro-
  17. 17  ceedings under this section, may compel by sub-
  18. 18  poena the attendance of relevant witnesses and
  19. 19  the production of relevant evidence at any des-
  20. 20  ignated place in an investigation or case under
  21. 21  this subsection. In case of refusal to fully com-
  22. 22  ply with a subpoena lawfully issued under this
  23. 23  paragraph, the Secretary may request that the
  24. 24  Attorney General apply in an appropriate dis-
  25. 25  trict court of the United States for an order re-

EAS13500 S.L.C. 477

  1. 1  quiring compliance with the subpoena, and any
  2. 2  failure to obey such order may be punished by
  3. 3  the court as contempt. Failure to cooperate
  4. 4  with the subpoena shall be subject to further
  5. 5  penalties, including but not limited to further
  6. 6  fines and the voiding of any mitigation of pen-
  7. 7  alties or termination of proceedings under para-
  8. 8  graph (4)(D); and
  9. 9  ‘‘(C) the Secretary, in cooperation with the
  10. 10  Commissioner and Attorney General, and in
  11. 11  consultation with other relevant agencies, shall
  12. 12  establish a Joint Employment Fraud Task
  13. 13  Force consisting of, at a minimum—
  14. 14  ‘‘(i) the System’s compliance per-
  15. 15  sonnel;
  16. 16  ‘‘(ii) immigration law enforcement of-
  17. 17  ficers;
  18. 18  ‘‘(iii) personnel of the Office of Spe-
  19. 19  cial Counsel for Immigration-Related Un-
  20. 20  fair Employment Practices of the Depart-
  21. 21  ment of Justice;
  22. 22  ‘‘(iv) personnel of the Office for Civil
  23. 23  Rights and Civil Liberties of the Depart-
  24. 24  ment; and

EAS13500 S.L.C. 478

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‘‘(v) personnel of Office of Inspector General of the Social Security Administra- tion.

‘‘(3) COMPLIANCE PROCEDURES.—
‘‘(A) PRE-PENALTY NOTICE.—If the Sec-

retary has reasonable cause to believe that there has been a civil violation of this section, the Secretary shall issue to the employer con- cerned a written notice of the Department’s in- tention to issue a claim for a monetary or other penalty. Such pre-penalty notice shall:

‘‘(i) describe the violation;

‘‘(ii) specify the laws and regulations allegedly violated;

‘‘(iii) disclose the material facts which establish the alleged violation;

‘‘(iv) describe the penalty sought to be imposed; and

‘‘(v) inform such employer that such employer shall have a reasonable oppor- tunity to make representations as to why a monetary or other penalty should not be imposed.
‘‘(B) EMPLOYER’S RESPONSE.—Whenever

any employer receives written pre-penalty notice

EAS13500 S.L.C. 479

  1. 1  of a fine or other penalty in accordance with
  2. 2  subparagraph (A), the employer may, within 60
  3. 3  days from receipt of such notice, file with the
  4. 4  Secretary its written response to the notice.
  5. 5  The response may include any relevant evidence
  6. 6  or proffer of evidence that the employer wishes
  7. 7  to present with respect to whether the employer
  8. 8  violated this section and whether, if so, the pen-
  9. 9  alty should be mitigated, and shall be filed and
  10. 10  considered in accordance with procedures to be
  11. 11  established by the Secretary.
  12. 12  ‘‘(C) RIGHT TO A HEARING.—Before
  13. 13  issuance of an order imposing a penalty on any
  14. 14  employer, person, or entity, the employer, per-
  15. 15  son, or entity shall be entitled to a hearing be-
  16. 16  fore an administrative law judge, if requested
  17. 17  within 60 days of the notice of penalty. The
  18. 18  hearing shall be held at the nearest location
  19. 19  practicable to the place where the employer,
  20. 20  person, or entity resides or of the place where
  21. 21  the alleged violation occurred.
  22. 22  ‘‘(D) ISSUANCE OF ORDERS.—If no hear-
  23. 23  ing is so requested, the Secretary’s imposition
  24. 24  of the order shall constitute a final and
  25. 25  unappealable order. If a hearing is requested

EAS13500 S.L.C. 480

  1. 1  and the administrative law judge determines,
  2. 2  upon clear and convincing evidence received,
  3. 3  that there was a violation, the administrative
  4. 4  law judge shall issue the final determination
  5. 5  with a written penalty claim. The penalty claim
  6. 6  shall specify all charges in the information pro-
  7. 7  vided under clauses (i) through (iii) of subpara-
  8. 8  graph (A) and any mitigation of the penalty
  9. 9  that the administrative law judge deems appro-
  10. 10  priate under paragraph (4)(D).
  11. 11  ‘‘(4) CIVIL PENALTIES.—
  12. 12  ‘‘(A) HIRING OR CONTINUING TO EMPLOY
  13. 13  UNAUTHORIZED ALIENS.—Any employer that
  14. 14  violates any provision of subsection (a)(1)(A) or
  15. 15  (a)(2) shall—
  16. 16  ‘‘(i) pay a civil penalty of not less
  17. 17  than $3,500 and not more than $7,500 for
  18. 18  each unauthorized alien with respect to
  19. 19  which each violation of either subsection
  20. 20  (a)(1)(A) or (a)(2) occurred;
  21. 21  ‘‘(ii) if the employer has previously
  22. 22  been fined as a result of a previous en-
  23. 23  forcement action or previous violation
  24. 24  under this paragraph, pay a civil penalty of
  25. 25  not less than $5,000 and not more than

EAS13500 S.L.C. 481

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$15,000 for each unauthorized alien with respect to which a violation of either sub- section (a)(1)(A) or (a)(2) occurred; and

‘‘(iii) if the employer has previously been fined more than once under this para- graph, pay a civil penalty of not less than $10,000 and not more than $25,000 for each unauthorized alien with respect to which a violation of either subsection (a)(1)(A) or (a)(2) occurred.
‘‘(B) ENHANCED PENALTIES.—After the

Secretary certifies to Congress that the System has been established, implemented, and made mandatory for use by all employers in the United States, the Secretary may establish an enhanced civil penalty for an employer who—

‘‘(i) fails to query the System to verify the identify and work authorized status of an individual; and

‘‘(ii) violates a Federal, State, or local law related to—

‘‘(I) the payment of wages;

‘‘(II) hours worked by employees; or

EAS13500 S.L.C. 482

  1. 1  ‘‘(III) workplace health and safe-
  2. 2  ty.
  3. 3  ‘‘(C) RECORDKEEPING OR VERIFICATION
  4. 4  PRACTICES.—Any employer that violates or fails
  5. 5  to comply with any requirement under sub-
  6. 6  section (a)(1)(B), other than a minor or inad-
  7. 7  vertent failure, as determined by the Secretary,
  8. 8  shall pay a civil penalty of—
  9. 9  ‘‘(i) not less than $500 and not more
  10. 10  than $2,000 for each violation;
  11. 11  ‘‘(ii) if an employer has previously
  12. 12  been fined under this paragraph, not less
  13. 13  than $1,000 and not more than $4,000 for
  14. 14  each violation; and
  15. 15  ‘‘(iii) if an employer has previously
  16. 16  been fined more than once under this para-
  17. 17  graph, not less than $2,000 and not more
  18. 18  than $8,000 for each violation.
  19. 19  ‘‘(D) OTHER PENALTIES.—The Secretary
  20. 20  may impose additional penalties for violations,
  21. 21  including cease and desist orders, specially de-
  22. 22  signed compliance plans to prevent further vio-
  23. 23  lations, suspended fines to take effect in the
  24. 24  event of a further violation, and in appropriate
  25. 25  cases, the remedy provided by paragraph (f)(2).

EAS13500 S.L.C. 483

  1. 1  ‘‘(E) MITIGATION.—The Secretary or, if
  2. 2  an employer requests a hearing, the administra-
  3. 3  tive law judge, is authorized, upon such terms
  4. 4  and conditions as the Secretary or administra-
  5. 5  tive law judge deems reasonable and just and in
  6. 6  accordance with such procedures as the Sec-
  7. 7  retary may establish or any procedures estab-
  8. 8  lished governing the administrative law judge’s
  9. 9  assessment of penalties, to reduce or mitigate
  10. 10  penalties imposed upon employers, based upon
  11. 11  factors including, the employer’s hiring volume,
  12. 12  compliance history, good-faith implementation
  13. 13  of a compliance program, the size and level of
  14. 14  sophistication of the employer, and voluntary
  15. 15  disclosure of violations of this subsection to the
  16. 16  Secretary. The Secretary or administrative law
  17. 17  judge shall not mitigate a penalty below the
  18. 18  minimum penalty provided by this section, ex-
  19. 19  cept that the Secretary may, in the case of an
  20. 20  employer subject to penalty for recordkeeping
  21. 21  or verification violations only who has not pre-
  22. 22  viously been penalized under this section, in the
  23. 23  Secretary’s or administrative law judge’s discre-
  24. 24  tion, mitigate the penalty below the statutory
  25. 25  minimum or remit it entirely. In any case where

EAS13500 S.L.C. 484

  1. 1  a civil money penalty has been imposed on an
  2. 2  employer under section 274B for an action or
  3. 3  omission that is also a violation of this section,
  4. 4  the Secretary or administrative law judge shall
  5. 5  mitigate any civil money penalty under this sec-
  6. 6  tion by the amount of the penalty imposed
  7. 7  under section 274B.
  8. 8  ‘‘(F) EFFECTIVE DATE.—The civil money
  9. 9  penalty amounts and the enhanced penalties
  10. 10  provided by subparagraphs (A), (B), and (C) of
  11. 11  this paragraph and by subsection (f)(2) shall
  12. 12  apply to violations of this section committed on
  13. 13  or after the date that is 1 year after the date
  14. 14  of the enactment of the Border Security, Eco-
  15. 15  nomic Opportunity, and Immigration Mod-
  16. 16  ernization Act. For violations committed prior
  17. 17  to such date of enactment, the civil money pen-
  18. 18  alty amounts provided by regulations imple-
  19. 19  menting this section as in effect the day before
  20. 20  such date of enactment with respect to knowing
  21. 21  hiring or continuing employment, verification,
  22. 22  or indemnity bond violations, as appropriate,
  23. 23  shall apply.
  24. 24  ‘‘(5) ORDER OF INTERNAL REVIEW AND CER-
  25. 25  TIFICATION OF COMPLIANCE.—

EAS13500 S.L.C. 485

  1. 1  ‘‘(A) EMPLOYER COMPLIANCE.—If the
  2. 2  Secretary has reasonable cause to believe that
  3. 3  an employer has failed to comply with this sec-
  4. 4  tion, the Secretary is authorized, at any time,
  5. 5  to require that the employer certify that it is in
  6. 6  compliance with this section, or has instituted a
  7. 7  program to come into compliance.
  8. 8  ‘‘(B) EMPLOYER CERTIFICATION.—
  9. 9  ‘‘(i) REQUIREMENT.—Except as pro-
  10. 10  vided in subparagraph (C), not later than
  11. 11  60 days after receiving a notice from the
  12. 12  Secretary requiring a certification under
  13. 13  subparagraph (A), an official with respon-
  14. 14  sibility for, and authority to bind the com-
  15. 15  pany on, all hiring and immigration com-
  16. 16  pliance notices shall certify under penalty
  17. 17  of perjury that the employer is in conform-
  18. 18  ance with the requirements of paragraphs
  19. 19  (1) through (4) of subsection (c), per-
  20. 20  taining to document verification require-
  21. 21  ments, and with subsection (d), pertaining
  22. 22  to the System (once the System is imple-
  23. 23  mented with respect to that employer ac-
  24. 24  cording to the requirements of subsection
  25. 25  (d)(1)), and with any additional require-

EAS13500 S.L.C. 486

  1. 1  ments that the Secretary may promulgate
  2. 2  by regulation pursuant to subsection (c) or
  3. 3  (d) or that the employer has instituted a
  4. 4  program to come into compliance with
  5. 5  these requirements.
  6. 6  ‘‘(ii) APPLICATION.—Clause (i) shall
  7. 7  not apply until the date that the Secretary
  8. 8  certifies to Congress that the System has
  9. 9  been established, implemented, and made
  10. 10  mandatory for use by all employers in the
  11. 11  United States.
  12. 12  ‘‘(C) EXTENSION OF DEADLINE.—At the
  13. 13  request of the employer, the Secretary may ex-
  14. 14  tend the 60-day deadline for good cause.
  15. 15  ‘‘(D) STANDARDS OR METHODS.—The Sec-
  16. 16  retary is authorized to publish in the Federal
  17. 17  Register standards or methods for such certifi-
  18. 18  cation, require specific recordkeeping practices
  19. 19  with respect to such certifications, and audit
  20. 20  the records thereof at any time. This authority
  21. 21  shall not be construed to diminish or qualify
  22. 22  any other penalty provided by this section.
  23. 23  ‘‘(6) REQUIREMENTS FOR REVIEW OF A FINAL
  24. 24  DETERMINATION.—With respect to judicial review of

EAS13500 S.L.C. 487

  1. 1  a final determination or penalty claim issued under
  2. 2  paragraph (3)(C), the following requirements apply:
  3. 3  ‘‘(A) DEADLINE.—The petition for review
  4. 4  must be filed no later than 30 days after the
  5. 5  date of the final determination or penalty claim
  6. 6  issued under paragraph (3)(C).
  7. 7  ‘‘(B) VENUE AND FORMS.—The petition
  8. 8  for review shall be filed with the court of ap-
  9. 9  peals for the judicial circuit where the employ-
  10. 10  er’s principal place of business was located
  11. 11  when the final determination or penalty claim
  12. 12  was made. The record and briefs do not have
  13. 13  to be printed. The court shall review the pro-
  14. 14  ceeding on a typewritten or electronically filed
  15. 15  record and briefs.
  16. 16  ‘‘(C) SERVICE.—The respondent is the
  17. 17  Secretary. In addition to serving the respond-
  18. 18  ent, the petitioner shall serve the Attorney Gen-
  19. 19  eral.
  20. 20  ‘‘(D) PETITIONER’S BRIEF.—The peti-
  21. 21  tioner shall serve and file a brief in connection
  22. 22  with a petition for judicial review not later than
  23. 23  40 days after the date on which the administra-
  24. 24  tive record is available, and may serve and file
  25. 25  a reply brief not later than 14 days after serv-

EAS13500 S.L.C. 488

  1. 1  ice of the brief of the respondent, and the court
  2. 2  may not extend these deadlines, except for good
  3. 3  cause shown. If a petitioner fails to file a brief
  4. 4  within the time provided in this paragraph, the
  5. 5  court shall dismiss the appeal unless a manifest
  6. 6  injustice would result.
  7. 7  ‘‘(E) SCOPE AND STANDARD FOR RE-
  8. 8  VIEW.—The court of appeals shall conduct a de
  9. 9  novo review of the administrative record on
  10. 10  which the final determination was based and
  11. 11  any additional evidence that the Court finds
  12. 12  was previously unavailable at the time of the
  13. 13  administrative hearing.
  14. 14  ‘‘(F) EXHAUSTION OF ADMINISTRATIVE
  15. 15  REMEDIES.—A court may review a final deter-
  16. 16  mination under paragraph (3)(C) only if—
  17. 17  ‘‘(i) the petitioner has exhausted all
  18. 18  administrative remedies available to the pe-
  19. 19  titioner as of right, including any adminis-
  20. 20  trative remedies established by regulation,
  21. 21  and
  22. 22  ‘‘(ii) another court has not decided
  23. 23  the validity of the order, unless the review-
  24. 24  ing court finds that the petition presents
  25. 25  grounds that could not have been pre-

EAS13500 S.L.C. 489

  1. 1  sented in the prior judicial proceeding or
  2. 2  that the remedy provided by the prior pro-
  3. 3  ceeding was inadequate or ineffective to
  4. 4  test the validity of the order.
  5. 5  ‘‘(G) ENFORCEMENT OF ORDERS.—If the
  6. 6  final determination issued against the employer
  7. 7  under this subsection is not subjected to review
  8. 8  as provided in this paragraph, the Attorney
  9. 9  General, upon request by the Secretary, may
  10. 10  bring a civil action to enforce compliance with
  11. 11  the final determination in any appropriate dis-
  12. 12  trict court of the United States. The court, on
  13. 13  a proper showing, shall issue a temporary re-
  14. 14  straining order or a preliminary or permanent
  15. 15  injunction requiring that the employer comply
  16. 16  with the final determination issued against that
  17. 17  employer under this subsection. In any such
  18. 18  civil action, the validity and appropriateness of
  19. 19  the final determination shall not be subject to
  20. 20  review
  21. 21  ‘‘(7) CREATION OF LIEN.—If any employer lia-
  22. 22  ble for a fee or penalty under this section neglects
  23. 23  or refuses to pay such liability after demand and
  24. 24  fails to file a petition for review (if applicable) as
  25. 25  provided in paragraph (6), the amount of the fee or

EAS13500 S.L.C. 490

  1. 1  penalty shall be a lien in favor of the United States
  2. 2  on all property and rights to property, whether real
  3. 3  or personal, belonging to such employer. If a petition
  4. 4  for review is filed as provided in paragraph (6), the
  5. 5  lien shall arise upon the entry of a final judgment
  6. 6  by the court. The lien continues for 20 years or until
  7. 7  the liability is satisfied, remitted, set aside, or termi-
  8. 8  nated.
  9. 9  ‘‘(8) FILING NOTICE OF LIEN.—
  10. 10  ‘‘(A) PLACE FOR FILING.—The notice re-
  11. 11  ferred to in paragraph (7) shall be filed as de-
  12. 12  scribed in 1 of the following:
  13. 13  ‘‘(i) UNDER STATE LAWS.—
  14. 14  ‘‘(I) REAL PROPERTY.—In the
  15. 15  case of real property, in 1 office with-
  16. 16  in the State (or the county, or other
  17. 17  governmental subdivision), as des-
  18. 18  ignated by the laws of such State, in
  19. 19  which the property subject to the lien
  20. 20  is situated.
  21. 21  ‘‘(II) PERSONAL PROPERTY.—In
  22. 22  the case of personal property, whether
  23. 23  tangible or intangible, in 1 office with-
  24. 24  in the State (or the county, or other
  25. 25  governmental subdivision), as des-

EAS13500 S.L.C. 491

  1. 1  ignated by the laws of such State, in
  2. 2  which the property subject to the lien
  3. 3  is situated, except that State law
  4. 4  merely conforming to or reenacting
  5. 5  Federal law establishing a national fil-
  6. 6  ing system does not constitute a sec-
  7. 7  ond office for filing as designated by
  8. 8  the laws of such State.
  9. 9  ‘‘(ii) WITH CLERK OF DISTRICT
  10. 10  COURT.—In the office of the clerk of the
  11. 11  United States district court for the judicial
  12. 12  district in which the property subject to
  13. 13  the lien is situated, whenever the State has
  14. 14  not by law designated 1 office which meets
  15. 15  the requirements of clause (i).
  16. 16  ‘‘(iii) WITH RECORDER OF DEEDS OF
  17. 17  THE DISTRICT OF COLUMBIA.—In the of-
  18. 18  fice of the Recorder of Deeds of the Dis-
  19. 19  trict of Columbia, if the property subject to
  20. 20  the lien is situated in the District of Co-
  21. 21  lumbia.
  22. 22  ‘‘(B) SITUS OF PROPERTY SUBJECT TO
  23. 23  LIEN.—For purposes of subparagraph (A),
  24. 24  property shall be deemed to be situated as fol-
  25. 25  lows:

EAS13500 S.L.C. 492

  1. 1  ‘‘(i) REAL PROPERTY.—In the case of
  2. 2  real property, at its physical location.
  3. 3  ‘‘(ii) PERSONAL PROPERTY.—In the
  4. 4  case of personal property, whether tangible
  5. 5  or intangible, at the residence of the tax-
  6. 6  payer at the time the notice of lien is filed.
  7. 7  ‘‘(C) DETERMINATION OR RESIDENCE.—
  8. 8  For purposes of subparagraph (A)(ii), the resi-
  9. 9  dence of a corporation or partnership shall be
  10. 10  deemed to be the place at which the principal
  11. 11  executive office of the business is located, and
  12. 12  the residence of a taxpayer whose residence is
  13. 13  outside the United States shall be deemed to be
  14. 14  in the District of Columbia.
  15. 15  ‘‘(D) EFFECT OF FILING NOTICE OF
  16. 16  LIEN.—
  17. 17  ‘‘(i) IN GENERAL.—Upon filing of a
  18. 18  notice of lien in the manner described in
  19. 19  this paragraph, the lien shall be valid
  20. 20  against any purchaser, holder of a security
  21. 21  interest, mechanic’s lien, or judgment lien
  22. 22  creditor, except with respect to properties
  23. 23  or transactions specified in subsection (b),
  24. 24  (c), or (d) of section 6323 of the Internal
  25. 25  Revenue Code of 1986 for which a notice

EAS13500 S.L.C. 493

  1. 1  of tax lien properly filed on the same date
  2. 2  would not be valid.
  3. 3  ‘‘(ii) NOTICE OF LIEN.—The notice of
  4. 4  lien shall be considered a notice of lien for
  5. 5  taxes payable to the United States for the
  6. 6  purpose of any State or local law providing
  7. 7  for the filing of a notice of a tax lien. A
  8. 8  notice of lien that is registered, recorded,
  9. 9  docketed, or indexed in accordance with
  10. 10  the rules and requirements relating to
  11. 11  judgments of the courts of the State where
  12. 12  the notice of lien is registered, recorded,
  13. 13  docketed, or indexed shall be considered
  14. 14  for all purposes as the filing prescribed by
  15. 15  this section.
  16. 16  ‘‘(iii) OTHER PROVISIONS.—The pro-
  17. 17  visions of section 3201(e) of title 28,
  18. 18  United States Code, shall apply to liens
  19. 19  filed as prescribed by this paragraph.
  20. 20  ‘‘(E) ENFORCEMENT OF A LIEN.—A lien
  21. 21  obtained through this paragraph shall be con-
  22. 22  sidered a debt as defined by section 3002 of
  23. 23  title 28, United States Code and enforceable
  24. 24  pursuant to chapter 176 of such title.

EAS13500 S.L.C. 494

  1. 1  ‘‘(9) ATTORNEY GENERAL ADJUDICATION.—
  2. 2  The Attorney General shall have jurisdiction to adju-
  3. 3  dicate administrative proceedings under this sub-
  4. 4  section. Such proceedings shall be conducted in ac-
  5. 5  cordance with requirements of section 554 of title 5,
  6. 6  United States Code.
  7. 7  ‘‘(f) CRIMINAL AND CIVIL PENALTIES AND INJUNC-
  8. 8  TIONS.—
  9. 9  ‘‘(1) PROHIBITION OF INDEMNITY BONDS.—It
  10. 10  is unlawful for an employer, in the hiring of any in-
  11. 11  dividual, to require the individual to post a bond or
  12. 12  security, to pay or agree to pay an amount, or other-
  13. 13  wise to provide a financial guarantee or indemnity,
  14. 14  against any potential liability arising under this sec-
  15. 15  tion relating to such hiring of the individual.
  16. 16  ‘‘(2) CIVIL PENALTY.—Any employer who is de-
  17. 17  termined, after notice and opportunity for mitigation
  18. 18  of the monetary penalty under subsection (e), to
  19. 19  have violated paragraph (1) shall be subject to a
  20. 20  civil penalty of $10,000 for each violation and to an
  21. 21  administrative order requiring the return of any
  22. 22  amounts received in violation of such paragraph to
  23. 23  the employee or, if the employee cannot be located,
  24. 24  to the general fund of the Treasury.
  25. 25  ‘‘(g) GOVERNMENT CONTRACTS.—

EAS13500 S.L.C. 495

  1. 1  ‘‘(1) CONTRACTORS AND RECIPIENTS.—When-
  2. 2  ever an employer who is a Federal contractor (mean-
  3. 3  ing an employer who holds a Federal contract,
  4. 4  grant, or cooperative agreement, or reasonably may
  5. 5  be expected to submit an offer for or be awarded a
  6. 6  government contract) is determined by the Secretary
  7. 7  to have violated of this section more than 3 occa-
  8. 8  sions or is convicted of a crime under this section,
  9. 9  the employer shall be considered for debarment from
  10. 10  the receipt of Federal contracts, grants, or coopera-
  11. 11  tive agreements in accordance with the procedures
  12. 12  and standards and for the periods prescribed by the
  13. 13  Federal Acquisition Regulation. However, any ad-
  14. 14  ministrative determination of liability for civil pen-
  15. 15  alty by the Secretary or the Attorney General shall
  16. 16  not be reviewable in any debarment proceeding.
  17. 17  ‘‘(2) INADVERTENT VIOLATIONS.—Inadvertent
  18. 18  violations of recordkeeping or verification require-
  19. 19  ments, in the absence of any other violations of this
  20. 20  section, shall not be a basis for determining that an
  21. 21  employer is a repeat violator for purposes of this
  22. 22  subsection.
  23. 23  ‘‘(3) OTHER REMEDIES AVAILABLE.—Nothing
  24. 24  in this subsection shall be construed to modify or
  25. 25  limit any remedy available to any agency or official

EAS13500 S.L.C. 496

  1. 1  of the Federal Government for violation of any con-
  2. 2  tractual requirement to participate in the System, as
  3. 3  provided in the final rule relating to employment eli-
  4. 4  gibility verification published in the Federal Register
  5. 5  on November 14, 2008 (73 Fed. Reg. 67,651), or
  6. 6  any similar subsequent regulation.
  7. 7  ‘‘(h) PREEMPTION.—The provisions of this section
  8. 8  preempt any State or local law, ordinance, policy, or rule,
  9. 9  including any criminal or civil fine or penalty structure,
  10. 10  relating to the hiring, continued employment, or status
  11. 11  verification for employment eligibility purposes, of unau-
  12. 12  thorized aliens. A State, locality, municipality, or political
  13. 13  subdivision may exercise its authority over business licens-
  14. 14  ing and similar laws as a penalty for failure to use the
  15. 15  System.
  16. 16  ‘‘(i) DEPOSIT OF AMOUNTS RECEIVED.—Except as
  17. 17  otherwise specified, civil penalties collected under this sec-
  18. 18  tion shall be deposited by the Secretary into the Com-
  19. 19  prehensive Immigration Reform Trust Fund established
  20. 20  under section 6 of the Border Security, Economic Oppor-
  21. 21  tunity, and Immigration Modernization Act.
  22. 22  ‘‘(j) CHALLENGES TO VALIDITY OF THE SYSTEM.—
  23. 23  ‘‘(1) IN GENERAL.—Any right, benefit, or claim
  24. 24  not otherwise waived or limited pursuant to this sec-
  25. 25  tion is available in an action instituted in the United

EAS13500 S.L.C. 497

  1. 1  States District Court for the District of Columbia,
  2. 2  but shall be limited to determinations of—
  3. 3  ‘‘(A) whether this section, or any regula-
  4. 4  tion issued to implement this section, violates
  5. 5  the Constitution of the United States; or
  6. 6  ‘‘(B) whether such a regulation issued by
  7. 7  or under the authority of the Secretary to im-
  8. 8  plement this section, is contrary to applicable
  9. 9  provisions of this section or was issued in viola-
  10. 10  tion of title 5, chapter 5, United States Code.
  11. 11  ‘‘(2) DEADLINES FOR BRINGING ACTIONS.—
  12. 12  Any action instituted under this subsection must be
  13. 13  filed no later than 180 days after the date the chal-
  14. 14  lenged section or regulation described in subpara-
  15. 15  graph (A) or (B) of paragraph (1) becomes effective.
  16. 16  No court shall have jurisdiction to review any chal-
  17. 17  lenge described in subparagraph (B) after the time
  18. 18  period specified in this subsection expires.
  19. 19  ‘‘(k) CRIMINAL PENALTIES AND INJUNCTIONS FOR
  20. 20  PATTERN OR PRACTICE VIOLATIONS.—
  21. 21  ‘‘(1) PATTERN AND PRACTICE.—Any employer
  22. 22  who engages in a pattern or practice of knowing vio-
  23. 23  lations of subsection (a)(1)(A) or (a)(2) shall be
  24. 24  fined under title 18, United States Code, no more
  25. 25  than $10,000 for each unauthorized alien with re-

EAS13500 S.L.C. 498

  1. 1  spect to whom such violation occurs, imprisoned for
  2. 2  not more than 2 years for the entire pattern or prac-
  3. 3  tice, or both.
  4. 4  ‘‘(2) TERM OF IMPRISONMENT.—The maximum
  5. 5  term of imprisonment of a person convicted of any
  6. 6  criminal offense under the United States Code shall
  7. 7  be increased by 5 years if the offense is committed
  8. 8  as part of a pattern or practice of violations of sub-
  9. 9  section (a)(1)(A) or (a)(2).
  10. 10  ‘‘(3) ENJOINING OF PATTERN OR PRACTICE
  11. 11  VIOLATIONS.—Whenever the Secretary or the Attor-
  12. 12  ney General has reasonable cause to believe that an
  13. 13  employer is engaged in a pattern or practice of em-
  14. 14  ployment in violation of subsection (a)(1)(A) or
  15. 15  (a)(2), the Attorney General may bring a civil action
  16. 16  in the appropriate district court of the United States
  17. 17  requesting such relief, including a permanent or
  18. 18  temporary injunction, restraining order, or other
  19. 19  order against the employer, as the Secretary or At-
  20. 20  torney General deems necessary.
  21. 21  ‘‘(l) CRIMINAL PENALTIES FOR UNLAWFUL AND
  22. 22  ABUSIVE EMPLOYMENT.—
  23. 23  ‘‘(1) IN GENERAL.—Any person who, during
  24. 24  any 12-month period, knowingly employs or hires,
  25. 25  employs, recruits, or refers for employment 10 or

EAS13500 S.L.C. 499

  1. 1  more individuals within the United States who are
  2. 2  under the control and supervision of such person—
  3. 3  ‘‘(A) knowing that the individuals are un-
  4. 4  authorized aliens; and
  5. 5  ‘‘(B) under conditions that violate section
  6. 6  5(a) of the Occupational Safety and Health Act
  7. 7  of 1970 (29 U.S.C. 654(a) (relating to occupa-
  8. 8  tional safety and health), section 6 or 7 of the
  9. 9  Fair Labor Standards Act of 1938 (29 U.S.C.
  10. 10  206 and 207) (relating to minimum wages and
  11. 11  maximum hours of employment), section 3142
  12. 12  of title 40, United States Code, (relating to re-
  13. 13  quired wages on construction contracts), or sec-
  14. 14  tions 6703 or 6704 of title 41, United States
  15. 15  Code, (relating to required wages on service
  16. 16  contracts)
  17. 17  shall be fined under title 18, United States Code, or
  18. 18  imprisoned for not more than 10 years, or both.
  19. 19  ‘‘(2) ATTEMPT AND CONSPIRACY.—Any person
  20. 20  who attempts or conspires to commit any offense
  21. 21  under this section shall be punished in the same
  22. 22  manner as a person who completes the offense.’’.
  23. 23  (b) REPORT ON USE OF THE SYSTEM IN THE AGRI-
  24. 24  CULTURAL INDUSTRY.—Not later than 18 months after
  25. 25  the date of the enactment of this Act, the Secretary shall

EAS13500 S.L.C. 500

  1. 1  submit to Congress a report that assesses implementation
  2. 2  of the Employment Verification System established under
  3. 3  section 274A(d) of the Immigration and Nationality Act,
  4. 4  as amended by subsection (a), in the agricultural industry,
  5. 5  including the use of such System technology in agriculture
  6. 6  industry hiring processes, user, contractor, and third-
  7. 7  party employer agent employment practices, timing and
  8. 8  logistics regarding employment verification and
  9. 9  reverification processes to meet agriculture industry prac-
  10. 10  tices, and identification of potential challenges and modi-
  11. 11  fications to meet the unique needs of the agriculture in-
  12. 12  dustry. Such report shall review—
  13. 13  (1) the modality of access, training and out-
  14. 14  reach, customer support, processes for further action
  15. 15  notices and secondary verifications for short-term
  16. 16  workers, monitoring, and compliance procedures for
  17. 17  such System;
  18. 18  (2) the interaction of such System with the
  19. 19  process to admit nonimmigrant workers pursuant to
  20. 20  section 218 or 218A of the Immigration and Nation-
  21. 21  ality Act (8 U.S.C. 1188 et seq.) and with enforce-
  22. 22  ment of the immigration laws; and
  23. 23  (3) the collaborative use of processes of other
  24. 24  Federal and State agencies that intersect with the
  25. 25  agriculture industry.

EAS13500 S.L.C. 501

  1. 1  (c) REPORT ON IMPACT OF THE SYSTEM ON EM-
  2. 2  PLOYERS.—Not later than 18 months after the date of
  3. 3  the enactment of this Act, the Secretary shall submit to
  4. 4  Congress a report that assesses—
  5. 5  (1) the implementation of the Employment
  6. 6  Verification System established under section
  7. 7  274A(d) of the Immigration and Nationality Act, as
  8. 8  amended by subsection (a), by employers;
  9. 9  (2) any adverse impact on the revenues, busi-
  10. 10  ness processes, or profitability of employers required
  11. 11  to use such System; and
  12. 12  (3) the economic impact of such System on
  13. 13  small businesses.
  14. 14  (d) GOVERNMENT ACCOUNTABILITY OFFICE STUDY
  15. 15  OF THE EFFECTS OF DOCUMENT REQUIREMENTS ON EM-
  16. 16  PLOYMENT AUTHORIZED PERSONS AND EMPLOYERS.—
  17. 17  (1) STUDY.—The Comptroller General of the
  18. 18  United States shall carry out a study of the effects
  19. 19  of the documentary requirements of section 274A of
  20. 20  the Immigration and Nationality Act, as amended by
  21. 21  subsection (a), on employers, nationals of the United
  22. 22  States and individuals with employment authorized
  23. 23  status, and challenges such employers, nationals or
  24. 24  individuals may face in obtaining the documentation
  25. 25  required by that section.

EAS13500 S.L.C. 502

  1. 1  (2) REPORT.—Not later than 4 years after the
  2. 2  enactment of this Act, the Comptroller General shall
  3. 3  submit to Congress a report containing the findings
  4. 4  of the study carried out under paragraph (1). Such
  5. 5  report shall include, at a minimum, the following:
  6. 6  (A) An assessment of available information
  7. 7  regarding the number of working age nationals
  8. 8  of the United States and individuals who have
  9. 9  employment authorized status who lack docu-
  10. 10  ments required for employment by such section
  11. 11  274A.
  12. 12  (B) A description of the additional steps
  13. 13  required for individuals who have employment
  14. 14  authorized status and do not possess the docu-
  15. 15  ments required by such section 274A to obtain
  16. 16  such documents.
  17. 17  (C) A general assessment of the average fi-
  18. 18  nancial costs for individuals who have employ-
  19. 19  ment authorized status who do not possess the
  20. 20  documents required by such section 274A to ob-
  21. 21  tain such documents.
  22. 22  (D) A general assessment of the average
  23. 23  financial costs and challenged for employers
  24. 24  who have been required to participate in the

EAS13500 S.L.C. 503

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Employment Verification System established by subsection (d) of such section 274A.

(E) A description of the barriers to indi- viduals who have employment authorized status in obtaining the documents required by such section 274A, including barriers imposed by the executive branch of the Government.

(F) Any particular challenges facing indi- viduals who have employment authorized status who are members of a federally recognized In- dian tribe in complying with the provisions of such section 274A.

(e) REPEAL OF PILOT PROGRAMS AND E-VERIFY TRANSITION PROCEDURES.—

(1) REPEAL.—Sections 401, 402, 403, 404, and 405 of the Illegal Immigration Reform and Im- migrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1324a note) are re- pealed.

(2) TRANSITION PROCEDURES.—Any employer who was participating in the E-Verify Program de- scribed in section 403 of the Illegal Immigration Re- form and Immigrant Responsibility Act of 1996 (di- vision C of Public Law 104–208; 8 U.S.C. 1324a note), as in effect on the minute before the date of

EAS13500 S.L.C. 504

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the enactment of this Act, shall participate in the System described in subsection (d) of section 274A of the Immigration and Nationality Act, as amended by subsection (a) to the same extent and in the same manner that the employer participated in such E- Verify Program.

(3) CONSTRUCTION.—The repeal made by para- graph (1) may not be construed to limit the author- ity of the Secretary to allow or continue to allow the participation in such System of employers who have participated in such E-Verify Program, as in effect on the day before the date of the enactment of this Act.
(f) CONFORMING AMENDMENT.—Paragraph (3) of

section 274(a) (8 U.S.C. 1324(a)) is repealed.

SEC. 3102. INCREASING SECURITY AND INTEGRITY OF SO- CIAL SECURITY CARDS.

(a) FRAUD-RESISTANT, TAMPER-RESISTANT, WEAR- RESISTANT, AND IDENTITY THEFT-RESISTANT SOCIAL SECURITY CARDS.—

(1) ISSUANCE.—
(A) PRELIMINARY WORK.—Not later than

180 days after the date of the enactment of this title, the Commissioner of Social Security shall begin work to administer and issue fraud-resist-

EAS13500 S.L.C. 505

  1. 1  ant, tamper-resistant, wear-resistant, and iden-
  2. 2  tity theft-resistant social security cards.
  3. 3  (B) COMPLETION.—Not later than 5 years
  4. 4  after the date of enactment of this title, the
  5. 5  Commissioner of Social Security shall issue only
  6. 6  social security cards determined to be fraud-re-
  7. 7  sistant, tamper-resistant, wear-resistant, and
  8. 8  identity theft-resistant social security cards.
  9. 9  (2) AMENDMENT.—Section 205(c)(2)(G) of the
  10. 10  Social Security Act (42 U.S.C. 405(c)(2)(G)) is
  11. 11  amended by striking the second sentence and insert-
  12. 12  ing the following: ‘‘The social security card shall be
  13. 13  fraud-resistant, tamper-resistant, wear-resistant, and
  14. 14  identity theft-resistant.’’.
  15. 15  (3) APPROPRIATION.—Out of any money in the
  16. 16  Treasury of the United States not otherwise appro-
  17. 17  priated, there is appropriated to the Commissioner
  18. 18  of Social Security an additional amount for ‘‘Limita-
  19. 19  tion on Administrative Expenses’’ for the purpose of
  20. 20  carrying out the amendments made by this sub-
  21. 21  section, $1,000,000,000 for fiscal year 2014, to re-
  22. 22  main available until expended.
  23. 23  (4) EMERGENCY DESIGNATION FOR CONGRES-
  24. 24  SIONAL ENFORCEMENT.—In the Senate, amounts
  25. 25  made available under this subsection are designated

EAS13500 S.L.C. 506

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as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.

(5) EMERGENCY DESIGNATION FOR STATUTORY PAYGO.—Amounts made available under this sub- section are designated as an emergency requirement under section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (Public Law 111–139; 2 U.S.C. 933(g)).

(b) MULTIPLE CARDS.—Section 205(c)(2)(G) of the Social Security Act (42 U.S.C. 405(c)(2)(G)), as amended by subsection (a)(2), is amended—

(1) by inserting ‘‘(i)’’ after ‘‘(G)’’; and

(2) by adding at the end the following:
‘‘(ii) The Commissioner of Social Security shall re- strict the issuance of multiple replacement social security cards to any individual to 3 per year and 10 for the life of the individual, except that the Commissioner may allow for reasonable exceptions from the limits under this clause

on a case-by-case basis in compelling circumstances.’’. (c) CRIMINAL PENALTIES.—

(1) SOCIAL SECURITY FRAUD.—

EAS13500 S.L.C. 507

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(A) IN GENERAL.—Chapter 47 of title 18, United States Code, is amended by inserting at the end the following:

‘‘§ 1041. Social security fraud.

‘‘Any person who—
‘‘(1) knowingly possesses or uses a social secu-

rity account number or social security card knowing that the number or card was obtained from the Commissioner of Social Security by means of fraud or false statement;

‘‘(2) knowingly and falsely represents a number to be the social security account number assigned by the Commissioner of Social Security to him or her or to another person, when such number is known not to be the social security account number as- signed by the Commissioner of Social Security to him or her or to such other person;

‘‘(3) knowingly, and without lawful authority, buys, sells, or possesses with intent to buy or sell a social security account number or a social security card that is or purports to be a number or card issued by the Commissioner of Social Security;

‘‘(4) knowingly alters, counterfeits, forges, or falsely makes a social security account number or a social security card;

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‘‘(5) knowingly uses, distributes, or transfers a social security account number or a social security card knowing the number or card to be intentionally altered, counterfeited, forged, falsely made, or sto- len; or

‘‘(6) without lawful authority, knowingly pro- duces or acquires for any person a social security ac- count number, a social security card, or a number or card that purports to be a social security account number or social security card,

shall be fined under this title, imprisoned not more than 5 years, or both.’’.

(B) TABLE OF SECTIONS AMENDMENT.—

The table of sections for chapter 47 of title 18,

United States Code, is amended by adding after

the item relating to section 1040 the following: ‘‘Sec. 1041. Social security fraud.’’.

(2) INFORMATION DISCLOSURE.—
(A) IN GENERAL.—Notwithstanding any

other provision of law and subject to subpara- graph (B), the Commissioner of Social Security shall disclose for the purpose of investigating a violation of section 1041 of title 18, United States Code, or section 274A, section 274B, or section 274C of the Immigration and Nation- ality Act (8 U.S.C. 1324a, 1324b, 1324c), pro-

EAS13500 S.L.C. 509

  1. 1  vided that such request is in writing and from
  2. 2  an officer in a supervisory position or higher of-
  3. 3  ficial, the following records of the Social Secu-
  4. 4  rity Administration to any Federal law enforce-
  5. 5  ment agency that requests such records:
  6. 6  (i) Records concerning the identity,
  7. 7  address, location, or financial institution
  8. 8  accounts of the holder of a social security
  9. 9  account number or social security card.
  10. 10  (ii) Records concerning the applica-
  11. 11  tion for and issuance of a social security
  12. 12  account number or social security card.
  13. 13  (iii) Records concerning the existence
  14. 14  or nonexistence of a social security account
  15. 15  number or social security card.
  16. 16  (B) LIMITATION.—The Commissioner of
  17. 17  Social Security shall not disclose any tax return
  18. 18  or tax return information pursuant to subpara-
  19. 19  graph (A) except as authorized by section 6103
  20. 20  of the Internal Revenue Code of 1986.
  21. 21  SEC. 3103. INCREASING SECURITY AND INTEGRITY OF IM-
  22. 22  MIGRATION DOCUMENTS.
  23. 23  Not later than 1 year after the date of the enactment
  24. 24  of this Act, the Secretary shall submit a report to Con-
  25. 25  gress on the feasibility, advantages, and disadvantages of

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including, in addition to a photograph, other biometric in- formation on each employment authorization document issued by the Department.
SEC. 3104. RESPONSIBILITIES OF THE SOCIAL SECURITY

ADMINISTRATION.

Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by adding at the end the following new part:

‘‘PART E—EMPLOYMENT VERIFICATION ‘‘RESPONSIBILITIES OF THE COMMISSIONER OF SOCIAL SECURITY

‘‘SEC. 1186. (a) CONFIRMATION OF EMPLOYMENT VERIFICATION DATA.—As part of the employment verification system established by the Secretary of Home- land Security under the provisions of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) (in this section referred to as the ‘System’), the Commissioner of Social Security shall, subject to the provisions of section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), establish a reliable, secure method that, oper- ating through the System and within the time periods specified in section 274A(d) of such Act—

‘‘(1) compares the name, date of birth, social security account number, and available citizenship information provided in an inquiry against such in-

EAS13500 S.L.C. 511

  1. 1  formation maintained by the Commissioner in order
  2. 2  to confirm (or not confirm) the validity of the infor-
  3. 3  mation provided regarding an individual whose iden-
  4. 4  tity and employment eligibility must be confirmed;
  5. 5  ‘‘(2) determines the correspondence of the
  6. 6  name, date of birth, and number;
  7. 7  ‘‘(3) determines whether the name and number
  8. 8  belong to an individual who is deceased according to
  9. 9  the records maintained by the Commissioner;
  10. 10  ‘‘(4) determines whether an individual is a na-
  11. 11  tional of the United States, as defined in section
  12. 12  101(a)(22) of the Immigration and Nationality Act
  13. 13  (8 U.S.C. 1101(a)(22)); and
  14. 14  ‘‘(5) determines whether the individual has pre-
  15. 15  sented a social security account number that is not
  16. 16  valid for employment.
  17. 17  ‘‘(b) PROHIBITION.—The System shall not disclose or
  18. 18  release social security information to employers through
  19. 19  the confirmation system (other than such confirmation or
  20. 20  nonconfirmation, information provided by the employer to
  21. 21  the System, or the reason for the issuance of a further
  22. 22  action notice).’’.

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SEC. 3105. IMPROVED PROHIBITION ON DISCRIMINATION BASED ON NATIONAL ORIGIN OR CITIZEN-

SHIP STATUS.

(a) IN GENERAL.—Section 274B(a) (8 U.S.C. 1324b) is amended to read as follows:

‘‘(a) PROHIBITION ON DISCRIMINATION BASED ON NATIONAL ORIGIN OR CITIZENSHIP STATUS.—

‘‘(1) PROHIBITION ON DISCRIMINATION GEN- ERALLY.—It is an unfair immigration-related em- ployment practice for a person, other entity, or em- ployment agency, to discriminate against any indi- vidual (other than an unauthorized alien defined in section 274A(b)) because of such individual’s na- tional origin or citizenship status, with respect to the following:

‘‘(A) The hiring of the individual for em- ployment.

‘‘(B) The verification of the individual’s eligibility to work in the United States.

‘‘(C) The discharging of the individual from employment.

‘‘(2) EXCEPTIONS.—Paragraph (1) shall not apply to the following:

‘‘(A) A person, other entity, or employer that employs 5 or fewer employees, except for an employment agency.

EAS13500 S.L.C. 513

  1. 1  ‘‘(B) A person’s or entity’s discrimination
  2. 2  because of an individual’s national origin if the
  3. 3  discrimination with respect to that employer,
  4. 4  person, or entity and that individual is covered
  5. 5  under section 703 of the Civil Rights Act of
  6. 6  1964 (42 U.S.C. 2000e–2), unless the discrimi-
  7. 7  nation is related to an individual’s verification
  8. 8  of employment authorization.
  9. 9  ‘‘(C) Discrimination because of citizenship
  10. 10  status which—
  11. 11  ‘‘(i) is otherwise required in order to
  12. 12  comply with a provision of Federal, State,
  13. 13  or local law related to law enforcement;
  14. 14  ‘‘(ii) is required by Federal Govern-
  15. 15  ment contract; or
  16. 16  ‘‘(iii) the Secretary or Attorney Gen-
  17. 17  eral determines to be essential for an em-
  18. 18  ployer to do business with an agency or de-
  19. 19  partment of the Federal Government or a
  20. 20  State, local, or tribal government.
  21. 21  ‘‘(3) ADDITIONAL EXCEPTION PROVIDING
  22. 22  RIGHT TO PREFER EQUALLY QUALIFIED CITIZENS.—
  23. 23  Notwithstanding any other provision of this section,
  24. 24  it is not an unfair immigration-related employment
  25. 25  practice for an employer (as defined in section

EAS13500 S.L.C. 514

  1. 1  274A(b)) to prefer to hire, recruit, or refer an indi-
  2. 2  vidual who is a citizen or national of the United
  3. 3  States over another individual who is an alien if the
  4. 4  2 individuals are equally qualified.
  5. 5  ‘‘(4) UNFAIR IMMIGRATION-RELATED EMPLOY-
  6. 6  MENT PRACTICES RELATING TO THE SYSTEM.—It is
  7. 7  also an unfair immigration-related employment prac-
  8. 8  tice for a person, other entity, or employment agen-
  9. 9  cy—
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‘‘(A) to discharge or constructively dis- charge an individual solely due to a further ac- tion notice issued by the Employment Verification System created by section 274A until the administrative appeal described in sec- tion 274A(d)(6) is completed;

‘‘(B) to use the System with regard to any person for any purpose except as authorized by section 274A(d);

‘‘(C) to use the System to reverify the em- ployment authorization of a current employee, including an employee continuing in employ- ment, other than reverification in a situation authorized by regulation on the date of the en- actment of the Border Security, Economic Op- portunity, and Immigration Modernization Act,

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reverification upon expiration of employment authorization, or as otherwise authorized under section 274A(d) or by regulation;

‘‘(D) to use the System selectively for em- ployees, except where authorized by law;

‘‘(E) to fail to provide to an individual any notice required in section 274A(d) within the relevant time period;

‘‘(F) to use the System to deny workers’ employment or post-employment benefits;

‘‘(G) to misuse the System to discriminate based on national origin or citizenship status;

‘‘(H) to require an employee or prospective employee to use any self-verification feature of the System or provide, as a condition of appli- cation or employment, any self-verification re- sults;

‘‘(I) to use an immigration status verification system, service, or method other than those described in section 274A for pur- poses of verifying employment eligibility; or

‘‘(J) to grant access to document verification or System data, to any individual or entity other than personnel authorized to have such access, or to fail to take reasonable safe-

EAS13500 S.L.C. 516

  1. 1  guards to protect against unauthorized loss,
  2. 2  use, alteration, or destruction of System data.
  3. 3  ‘‘(5) PROHIBITION OF INTIMIDATION OR RETAL-
  4. 4  IATION.—It is also an unfair immigration-related
  5. 5  employment practice for a person, other entity, or
  6. 6  employment agency to intimidate, threaten, coerce,
  7. 7  or retaliate against any individual—
  8. 8  ‘‘(A) for the purpose of interfering with
  9. 9  any right or privilege secured under this sec-
  10. 10  tion; or
  11. 11  ‘‘(B) because the individual intends to file
  12. 12  or has filed a charge or a complaint, testified,
  13. 13  assisted, or participated in any manner in an
  14. 14  investigation, proceeding, or hearing under this
  15. 15  section.
  16. 16  ‘‘(6) TREATMENT OF CERTAIN DOCUMENTARY
  17. 17  PRACTICES AS EMPLOYMENT PRACTICES.—A per-
  18. 18  son’s, other entity’s, or employment agency’s re-
  19. 19  quest, for purposes of verifying employment eligi-
  20. 20  bility, for more or different documents than are re-
  21. 21  quired under section 274A, or for specific docu-
  22. 22  ments, or refusing to honor documents tendered that
  23. 23  reasonably appear to be genuine shall be treated as
  24. 24  an unfair immigration-related employment practice.

EAS13500 S.L.C. 517

  1. 1  ‘‘(7) EMPLOYMENT AGENCY DEFINED.—In this
  2. 2  section, the term ‘employment agency’ means any
  3. 3  employer, person, or entity regularly undertaking
  4. 4  with or without compensation to procure employees
  5. 5  for an employer or to procure for employees oppor-
  6. 6  tunities to work for an employer and includes an
  7. 7  agent of such employer, person, or entity.’’.
  8. 8  (b) REFERRAL BY EEOC.—Section 274B(b) (8
  9. 9  U.S.C. 1324b(b)) is amended by adding at the end the
  10. 10  following:
  11. 11  ‘‘(3) REFERRAL BY EEOC.—The Equal Employ-
  12. 12  ment Opportunity Commission shall refer all matters
  13. 13  alleging immigration-related unfair employment
  14. 14  practices filed with the Commission, including those
  15. 15  alleging violations of paragraphs (1), (4), (5), and
  16. 16  (6) of subsection (a) to the Special Counsel for Im-
  17. 17  migration-Related Unfair Employment Practices of
  18. 18  the Department of Justice.’’;
  19. 19  (c) AUTHORIZATION OF APPROPRIATIONS.—Section
  20. 20  274B(l)(3) (8 U.S.C. 1324b(l)(3)), is amended by striking
  21. 21  the period at the end and inserting ‘‘and an additional
  22. 22  $40,000,000 for each of fiscal years 2014 through 2016.’’.
  23. 23  (d) FINES.—

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(1) IN GENERAL.—Section 274B(g)(2)(B) (8 U.S.C. 1324b(g)(2)(B)) is amended by striking clause (vi) and inserting the following:

‘‘(iv) to pay any applicable civil pen- alties prescribed below, the amounts of which may be adjusted periodically to ac- count for inflation as provided by law—

‘‘(I) except as provided in sub- clauses (II) through (IV), to pay a civil penalty of not less than $2,000 and not more than $5,000 for each in- dividual subjected to an unfair immi- gration-related employment practice;

‘‘(II) except as provided in sub- clauses (III) and (IV), in the case of an employer, person, or entity pre- viously subject to a single order under this paragraph, to pay a civil penalty of not less than $4,000 and not more than $10,000 for each individual sub- jected to an unfair immigration-re- lated employment practice;

‘‘(III) except as provided in sub- clause (IV), in the case of an em- ployer, person, or entity previously

EAS13500 S.L.C. 519

  1. 1  subject to more than 1 order under
  2. 2  this paragraph, to pay a civil penalty
  3. 3  of not less than $8,000 and not more
  4. 4  than $25,000 for each individual sub-
  5. 5  jected to an unfair immigration-re-
  6. 6  lated employment practice; and
  7. 7  ‘‘(IV) in the case of an unfair im-
  8. 8  migration-related employment practice
  9. 9  described in paragraphs (4) through
  10. 10  (6) of subsection (a), to pay a civil
  11. 11  penalty of not less than $500 and not
  12. 12  more than $2,000 for each individual
  13. 13  subjected to an unfair immigration-re-
  14. 14  lated employment practice.’’.
  15. 15  (2) EFFECTIVE DATE.—The amendment made
  16. 16  by paragraph (1) shall take effect on the date that
  17. 17  is 1 year after the date of the enactment of this Act
  18. 18  and apply to violations occurring on or after such
  19. 19  date of enactment.
  20. 20  SEC. 3106. RULEMAKING.
  21. 21  (a) INTERIM FINAL REGULATIONS.—
  22. 22  (1) IN GENERAL.—Not later than 1 year after
  23. 23  the date of the enactment of this Act—
  24. 24  (A) the Secretary, shall issue regulations
  25. 25  implementing sections 3101, 3104, and 3105,

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and the amendments made by such sections; and

(B) the Attorney General shall issue regu- lations implementing section 3102 and the amendment made by such section.
(2) EFFECTIVE DATE.—Regulations issued pur-

suant to paragraph (1) shall be effective immediately on an interim basis, but are subject to change and revision after public notice and opportunity for a pe- riod for public comment.

(b) FINAL REGULATIONS.—Within a reasonable time after publication of the interim regulations under sub- section (a), the Secretary, in consultation with the Com- missioner of Social Security and the Attorney General, shall publish final regulations implementing this subtitle.

Subtitle B—Protecting United States Workers
SEC. 3201. PROTECTIONS FOR VICTIMS OF SERIOUS VIOLA-

TIONS OF LABOR AND EMPLOYMENT LAW OR

CRIME.

(a) IN GENERAL.—Section 101(a)(15)(U) (8 U.S.C. 1101(a)(15)(U)) is amended—

(1) in clause (i)—
(A) by amending subclause (I) to read as

follows:

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‘‘(I) the alien—
‘‘(aa) has suffered substantial

physical or mental abuse or substan- tial harm as a result of having been a victim of criminal activity described in clause (iii) or of a covered violation described in clause (iv); or

‘‘(bb) is a victim of criminal ac- tivity described in clause (iii) or of a covered violation described in clause (iv) and would suffer extreme hard- ship upon removal;’’;

(B) in subclause (II), by inserting ‘‘, or a covered violation resulting in a claim described in clause (iv) that is not the subject of a frivo- lous lawsuit by the alien’’ before the semicolon at the end; and

(C) by amending subclauses (III) and (IV) to read as follows:

‘‘(III) the alien (or in the case of an alien child who is younger than 16 years of age, the parent, guardian, or next friend of the alien) has been helpful, is being help- ful, or is likely to be helpful to—

EAS13500 S.L.C. 522

  1. 1  ‘‘(aa) a Federal, State, or local
  2. 2  law enforcement official, a Federal,
  3. 3  State, or local prosecutor, a Federal,
  4. 4  State, or local judge, the Department
  5. 5  of Homeland Security, the Equal Em-
  6. 6  ployment Opportunity Commission,
  7. 7  the Department of Labor, or other
  8. 8  Federal or, State, or local authorities
  9. 9  investigating or prosecuting criminal
  10. 10  activity described in clause (iii); or
  11. 11  ‘‘(bb) any Federal, State, or local
  12. 12  governmental agency investigating,
  13. 13  prosecuting, or seeking civil remedies
  14. 14  for any cause of action, whether
  15. 15  criminal, civil, or administrative, aris-
  16. 16  ing from a covered violation described
  17. 17  in clause (iv) and presents a certifi-
  18. 18  cation from such Federal, State, or
  19. 19  local governmental agency attesting
  20. 20  that the alien has been helpful, is
  21. 21  being helpful, or is likely to be helpful
  22. 22  to such agency in the investigation,
  23. 23  prosecution, or adjudication arising
  24. 24  from a covered violation described in
  25. 25  clause (iv); and

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‘‘(IV) the criminal activity described in clause (iii) or the covered violation de- scribed in clause (iv)—

‘‘(aa) violated the laws of the United States; or

‘‘(bb) occurred in the United States (including Indian country and military installations) or the terri- tories and possessions of the United States;’’;

(2) in clause (ii)(II), by striking ‘‘and’’ at the end;

(3) by moving clause (iii) 2 ems to the left; (4) in clause (iii)—

(A) by inserting ‘‘stalking, child abuse when the alien is a minor;’’ after ‘‘sexual exploi- tation;’’;

(B) by inserting ‘‘fraud in foreign labor contracting;’’ before ‘‘peonage;’’; and

(C) by striking ‘‘or’’ at the end and insert- ing ‘‘and’’; and

(5) by adding at the end the following:

‘‘(iv) a covered violation referred to in this clause is—

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‘‘(I) a serious violation involving 1 or more of the following or any similar activity in viola- tion of any Federal, State, or local law, serious workplace abuse, exploitation, retaliation, or violation of whistleblower protections;

‘‘(II) a violation giving rise to a civil cause of action under section 1595 of title 18, United States Code; or

‘‘(III) a violation resulting in the depriva- tion of due process or constitutional rights.’’.

(b) SAVINGS PROVISION.—Nothing in section 101(a)(15)(U)(iv)(III) of the Immigration and Nationality Act, as added by subsection (a), may be construed as al- tering the definition of retaliation or discrimination under any other provision of law.

(c) TEMPORARY STAY OF REMOVAL.—Section 274A (8 U.S.C. 1324a), as amended by section 3101, is further amended—

(1) in subsection (e) by adding at the end the following:

‘‘(10) CONDUCT IN ENFORCEMENT ACTIONS.— If the Secretary undertakes an enforcement action at a facility about which a bona fide workplace claim has been filed or is contemporaneously filed, or as a result of information provided to the Secretary in

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retaliation against employees for exercising their rights related to a bona fide workplace claim, the Secretary shall ensure that—

‘‘(A) any aliens arrested or detained who are necessary for the investigation or prosecu- tion of a bona fide workplace claim violations or criminal activity (as described in subparagraph (T) or (U) of section 101(a)(15)) are not re- moved from the United States until after the Secretary—

‘‘(i) notifies the appropriate law en- forcement agency with jurisdiction over such violations or criminal activity; and

‘‘(ii) provides such agency with the opportunity to interview such aliens;
‘‘(B) no aliens entitled to a stay of removal

or abeyance of removal proceedings under this section are removed; and

‘‘(C) the Secretary shall stay the removal of an alien who—

‘‘(i) has filed a covered violation de- scribed in clause (iv) of section 101(a)(15)(U) and is the victim of the same violations under an existing inves- tigation;

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‘‘(ii) is a material witness in any pending or anticipated proceeding involving a bona fide workplace claim or civil rights claim; or

‘‘(iii) has filed for relief under such section if the alien has is working with law enforcement as described in clause (i)(III) of such section.’’; and

(2) by adding at the end the following:
‘‘(m) VICTIMS OF CRIMINAL ACTIVITY OR LABOR AND EMPLOYMENT VIOLATIONS.—The Secretary of Homeland Security may permit an alien to remain tempo- rarily in the United States and authorize the alien to en- gage in employment in the United States if the Secretary

determines that the alien—
‘‘(1) has filed for relief under section

101(a)(15)(U); or
‘‘(2)(A) has filed, or is a material witness to, a

bona fide claim or proceedings resulting from a cov- ered violation (as defined in section 101(a)(15)(U)(iv)); and

‘‘(B) has been helpful, is being helpful, or is likely to be helpful, in the investigation, prosecution of, or pursuit of civil remedies related to the claim arising from a covered violation, to—

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‘‘(i) a Federal, State, or local law enforce- ment official;

‘‘(ii) a Federal, State, or local prosecutor; ‘‘(iii) a Federal, State, or local judge;
‘‘(iv) the Department of Homeland Secu-

rity;
‘‘(v) the Equal Employment Opportunity

Commission; or
‘‘(vi) the Department of Labor.’’.

(d) CONFORMING AMENDMENTS.—Section 214(p) (8 U.S.C. 1184(p)) is amended—

(1) in paragraph (1), by striking ‘‘in section 101(a)(15)(U)(iii).’’ both places it appears and in- serting ‘‘in clause (iii) of section 101(a)(15)(U) or investigating, prosecuting, or seeking civil remedies for claims resulting from a covered violation de- scribed in clause (iv) of such section.’’; and

(2) in the first sentence of paragraph (6)—
(A) by striking ‘‘in section 101(a)(15)(U)(iii)’’ and inserting ‘‘in clause (iii) of section 101(a)(15)(U) or claims result- ing from a covered violation described in clause

(iv) of such section’’; and

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(B) by inserting ‘‘or claim arising from a covered violation’’ after ‘‘prosecution of such criminal activity’’.

(e) MODIFICATION OF LIMITATION ON AUTHORITY TO ADJUST STATUS FOR VICTIMS OF CRIMES.—Section 245(m)(1) (8 U.S.C. 1255(m)(1)) is amended, in the mat- ter before subparagraph (A), by inserting ‘‘or an investiga- tion or prosecution regarding a workplace or civil rights claim’’ after ‘‘prosecution’’.

(f) EXPANSION OF LIMITATION ON SOURCES OF IN- FORMATION THAT MAY BE USED TO MAKE ADVERSE DETERMINATIONS.—

(1) IN GENERAL.—Section 384(a)(1) of the Il- legal Immigration Reform and Immigrant Responsi- bility Act of 1996 (8 U.S.C. 1367(a)(1)) is amend- ed—

(A) in each of subparagraphs (A) through (D), by striking the comma at the end and in- serting a semicolon;

(B) subparagraph (E), by striking ‘‘the criminal activity,’’ and inserting ‘‘abuse and the criminal activity or bona fide workplace claim (as defined in subsection (e));’’;

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(C) in subparagraph (F), by striking ‘‘, the trafficker or perpetrator,’’ and inserting ‘‘), the trafficker or perpetrator; or’’; and

(D) by inserting after subparagraph (F) the following:

‘‘(G) the alien’s employer,’’.
(2) WORKPLACE CLAIM DEFINED.—Section 384

of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367) is amended by adding at the end the following:
‘‘(e) WORKPLACE CLAIMS.—

‘‘(1) WORKPLACE CLAIMS DEFINED.—
‘‘(A) IN GENERAL.—In section (a)(1), the term ‘workplace claim’ means any claim, peti- tion, charge, complaint, or grievance filed with, or submitted to, a Federal, State, or local agen- cy or court, relating to the violation of applica- ble Federal, State, or local labor or employment

laws.
‘‘(B) CONSTRUCTIONS.—Subparagraph (A)

may not be construed to alter what constitutes retaliation or discrimination under any other provision of law.
‘‘(2) PENALTY FOR FALSE CLAIMS.—Any per-

son who knowingly presents a false or fraudulent

EAS13500 S.L.C. 530

  1. 1  claim to a law enforcement official in relation to a
  2. 2  covered violation for the purpose of obtaining a ben-
  3. 3  efit under this section shall be subject to a civil pen-
  4. 4  alty of not more than $1,000.
  5. 5  ‘‘(3) LIMITATION ON STAY OF ADVERSE DETER-
  6. 6  MINATIONS.—In the case of an alien applying for
  7. 7  status under section 101(a)(15)(U) of the Immigra-
  8. 8  tion and Nationality Act and seeking relief under
  9. 9  this section, the prohibition on adverse determina-
  10. 10  tions under subsection (a) shall expire on the date
  11. 11  that the alien’s application for status under such
  12. 12  section is denied and all opportunities for appeal of
  13. 13  the denial have been exhausted.’’.
  14. 14  (g) REMOVAL PROCEEDINGS.—Section 239(e) (8
  15. 15  U.S.C. 1229(e)) is amended—
  16. 16  (1) in paragraph (1)—
  17. 17  (A) by striking ‘‘In cases where’’ and in-
  18. 18  serting ‘‘If’’; and
  19. 19  (B) by striking ‘‘paragraph (2),’’ and in-
  20. 20  serting ‘‘paragraph (2) or as a result of infor-
  21. 21  mation provided to the Secretary of Homeland
  22. 22  Security in retaliation against individuals for
  23. 23  exercising or attempting to exercise their em-
  24. 24  ployment rights or other legal rights,’’; and

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(2) in paragraph (2), by adding at the end the following:

‘‘(C) At a facility about which a bona fide workplace claim has been filed or is contem- poraneously filed.’’.

SEC. 3202. EMPLOYMENT VERIFICATION SYSTEM EDU- CATION FUNDING.

(a) DISPOSITION OF CIVIL PENALTIES.—Penalties collected under subsections (e)(4) and (f)(3) of section 274A of the Immigration and Nationality Act, amended by section 3101, shall be deposited, as offsetting receipts, into the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1).

(b) EXPENDITURES.—Amounts deposited into the Trust Fund under subsection (a) shall be made available to the Secretary to provide education to employers and employees regarding the requirements, obligations, and rights under the Employment Verification System.

(c) DETERMINATION OF BUDGETARY EFFECTS.— (1) EMERGENCY DESIGNATION FOR CONGRES- SIONAL ENFORCEMENT.—In the Senate, amounts made available under this section are designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the

EAS13500 S.L.C. 532

  1. 1  concurrent resolution on the budget for fiscal year
  2. 2  2010.
  3. 3  (2) EMERGENCY DESIGNATION FOR STATUTORY
  4. 4  PAYGO.—Amounts made available under this section
  5. 5  are designated as an emergency requirement under
  6. 6  section 4(g) of the Statutory Pay-As-You-Go Act of
  7. 7  2010 (Public Law 111–139; 2 U.S.C. 933(g)).
  8. 8  SEC. 3203. DIRECTIVE TO THE UNITED STATES SEN-
  9. 9  TENCING COMMISSION.
  10. 10  (a) IN GENERAL.—Pursuant to its authority under
  11. 11  section 994 of title 28, United States Code, and in accord-
  12. 12  ance with subsection (b), the United States Sentencing
  13. 13  Commission shall promulgate sentencing guidelines or
  14. 14  amend existing sentencing guidelines to modify, if appro-
  15. 15  priate, the penalties imposed on persons convicted of of-
  16. 16  fenses under—
  17. 17  (1) section 274A of the Immigration and Na-
  18. 18  tionality Act (8 U.S.C. 1324a), as amended by sec-
  19. 19  tion 3101;
  20. 20  (2) section 16 of the Fair Labor Standards Act
  21. 21  of 1938 (29 U.S.C. 216); and
  22. 22  (3) any other Federal law covering similar con-
  23. 23  duct.
  24. 24  (b) REQUIREMENTS.—In carrying out subsection (a),
  25. 25  the Sentencing Commission shall provide sentencing en-

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hancements for any person convicted of an offense de- scribed in subsection (a) if such offense involves—

(1) the intentional 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 vio- lations of law that—

(A) creates, through knowing and inten- tional conduct, a risk to the health or safety of any victim; or

(B) denies payments due to victims for work completed.

SEC. 3204. CONFIDENTIALITY FOR VICTIMS OF CRIME.

Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367) is amended—

(1) in subsection (a)—
(A) in the matter preceding paragraph

(1)—

(i) by striking ‘‘in no case may’’; and

(ii) by inserting ‘‘or, with respect to subparagraphs (E) and (F) and paragraph

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(2), any other official or employee of a cer- tifying agency, may not’’ after ‘‘Depart- ments)’’; and
(B) in paragraph (2), by striking ‘‘who is

a beneficiary of an application’’ and inserting ‘‘applying for’’; and
(2) in subsection (b)—

(A) in paragraph (4), by striking ‘‘bat- tered’’; and

(B) by adding at the end the following: ‘‘(8)(A) Subsection (a)(2) may not be construed

to prevent the disclosure of—
‘‘(i) information that prosecutors are con-

stitutionally obligated to disclose to provide statements by witnesses and certain other docu- ments to defendants in a pending Federal criminal proceeding; or

‘‘(ii) information in a civil proceeding in which a judge orders that such information be disclosed in connection with a witness testifying in such proceeding.
‘‘(B) All information disclosed during litigation

pursuant to the exception set forth in this paragraph for any purpose other than the purpose ordered in the proceeding—

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‘‘(i) may not be disclosed to any non- required party;

‘‘(ii) shall be filed under seal, with all per- sonally identifying information redacted except the witness’s first name; and

‘‘(iii) shall be returned to the disclosing party at the conclusion of the proceeding.’’.

Subtitle C—Other Provisions SEC. 3301. FUNDING.

(a) ESTABLISHMENT OF THE INTERIOR ENFORCE- MENT ACCOUNT.—There is hereby established in the Treasury of the United States an account which shall be known as the Interior Enforcement Account.

(b) APPROPRIATIONS.—There are authorized to be appropriated to the Interior Enforcement Account $1,000,000,000 to carry out this title and the amend- ments made by this title, including the following appro- priations:

(1) In each of the 5 years beginning on the date of the enactment of this Act, the appropriations nec- essary to increase to a level not less than 5,000, by the end of such 5-year period, the total number of personnel of the Department assigned exclusively or principally to an office or offices in U.S. Citizenship and Immigration Services and U.S. Immigration and

EAS13500 S.L.C. 536

  1. 1  Customs Enforcement (and consistent with the mis-
  2. 2  sions of such agencies), dedicated to administering
  3. 3  the System, and monitoring and enforcing compli-
  4. 4  ance with sections 274A, 274B, and 274C of the
  5. 5  Immigration and Nationality Act (8 U.S.C. 1324a,
  6. 6  1324b, and 1324c), including compliance with the
  7. 7  requirements of the Electronic Verification System
  8. 8  established under section 274A(d) of the Immigra-
  9. 9  tion and Nationality Act (8 U.S.C. 1324a(d)), as
  10. 10  amended by section 3101. Such personnel shall per-
  11. 11  form compliance and monitoring functions, including
  12. 12  the following:
  13. 13  (A) Verify compliance of employers partici-
  14. 14  pating in such System with the requirements
  15. 15  for participation that are prescribed by the Sec-
  16. 16  retary.
  17. 17  (B) Monitor such System for multiple uses
  18. 18  of social security account numbers and immi-
  19. 19  gration identification numbers that could indi-
  20. 20  cate identity theft or fraud.
  21. 21  (C) Monitor such System to identify dis-
  22. 22  criminatory or unfair practices.
  23. 23  (D) Monitor such System to identify em-
  24. 24  ployers who are not using such System prop-
  25. 25  erly, including employers who fail to make

EAS13500 S.L.C. 537

  1. 1  available appropriate records with respect to
  2. 2  their queries and any notices of confirmation,
  3. 3  nonconfirmation, or further action.
  4. 4  (E) Identify instances in which an em-
  5. 5  ployee alleges that an employer violated the em-
  6. 6  ployee’s privacy or civil rights, or misused such
  7. 7  System, and create procedures for an employee
  8. 8  to report such an allegation.
  9. 9  (F) Analyze and audit the use of such Sys-
  10. 10  tem and the data obtained through such System
  11. 11  to identify fraud trends, including fraud trends
  12. 12  across industries, geographical areas, or em-
  13. 13  ployer size.
  14. 14  (G) Analyze and audit the use of such Sys-
  15. 15  tem and the data obtained through such System
  16. 16  to develop compliance tools as necessary to re-
  17. 17  spond to changing patterns of fraud.
  18. 18  (H) Provide employers with additional
  19. 19  training and other information on the proper
  20. 20  use of such System, including training related
  21. 21  to privacy and employee rights.
  22. 22  (I) Perform threshold evaluation of cases
  23. 23  for referral to the Special Counsel for Immigra-
  24. 24  tion-Related Unfair Employment Practices of
  25. 25  the Department of Justice or the Equal Em-

EAS13500 S.L.C. 538

  1. 1  ployment Opportunity Commission, and other
  2. 2  officials or agencies with responsibility for en-
  3. 3  forcing anti-discrimination, civil rights, privacy,
  4. 4  or worker protection laws, as may be appro-
  5. 5  priate.
  6. 6  (J) Any other compliance and monitoring
  7. 7  activities that the Secretary determines are nec-
  8. 8  essary to ensure the functioning of such Sys-
  9. 9  tem.
  10. 10  (K) Investigate identity theft and fraud de-
  11. 11  tected through such System and undertake the
  12. 12  necessary enforcement or referral actions.
  13. 13  (L) Investigate use of or access to fraudu-
  14. 14  lent documents and undertake the necessary en-
  15. 15  forcement actions.
  16. 16  (M) Perform any other investigations that
  17. 17  the Secretary determines are necessary to en-
  18. 18  sure the lawful functioning of such System, and
  19. 19  undertake any enforcement actions necessary as
  20. 20  a result of such investigations.
  21. 21  (2) The appropriations necessary to acquire, in-
  22. 22  stall, and maintain technological equipment nec-
  23. 23  essary to support the functioning of such System
  24. 24  and the connectivity between U.S. Citizenship and
  25. 25  Immigration Services and U.S. Immigration and

EAS13500 S.L.C. 539

  1. 1  Customs Enforcement, the Department of Justice,
  2. 2  and other agencies or officials with respect to the
  3. 3  sharing of information to support such System and
  4. 4  related immigration enforcement actions.
  5. 5  (3) The appropriations necessary to establish a
  6. 6  robust redress process for employees who wish to ap-
  7. 7  peal contested nonconfirmations to ensure the accu-
  8. 8  racy and fairness of such System.
  9. 9  (4) The appropriations necessary to provide a
  10. 10  means by which individuals may access their own
  11. 11  employment authorization data to ensure the accu-
  12. 12  racy of such data, independent of an individual’s em-
  13. 13  ployer.
  14. 14  (5) To carry out the identity authentication
  15. 15  mechanisms described in section 274A(c)(1)(F) of
  16. 16  the Immigration and Nationality Act, as amended by
  17. 17  section 3101(a).
  18. 18  (6) The appropriations necessary for the Office
  19. 19  for Civil Rights and Civil Liberties and the Office of
  20. 20  Privacy of the Department to perform the respon-
  21. 21  sibilities of such Offices related to such System.
  22. 22  (7) The appropriations necessary to make
  23. 23  grants to States to support the States in assisting
  24. 24  the Federal Government in carrying out the provi-

EAS13500 S.L.C. 540

  1. 1  sions of this title and the amendments made by this
  2. 2  title.
  3. 3  (c) AUTHORIZATION OF APPROPRIATIONS TO THE
  4. 4  COMMISSIONER OF SOCIAL SECURITY.—
  5. 5  (1) IN GENERAL.—There are authorized to be
  6. 6  appropriated to the Commissioner of Social Security
  7. 7  such sums as may be necessary to carry out the pro-
  8. 8  visions of this title and the amendments made by
  9. 9  this title.
  10. 10  (2) PROHIBITION ON USE OF TRUST FUNDS.—
  11. 11  In no case shall the Commissioner expend funds
  12. 12  from the Old Age and Survivors Trust Fund or the
  13. 13  Disability Trust Fund for expenses related to ad-
  14. 14  ministration of this title or the amendments made by
  15. 15  this title.
  16. 16  (d) AUTHORIZATION OF APPROPRIATIONS TO THE
  17. 17  ATTORNEY GENERAL.—There are authorized to be appro-
  18. 18  priated to the Attorney General such sums as may be nec-
  19. 19  essary to carry out the provisions of this title and the
  20. 20  amendments made by this title, including enforcing com-
  21. 21  pliance with section 274B of the Immigration and Nation-
  22. 22  ality Act, as amended by section 3105 of this Act.
  23. 23  (e) AUTHORIZATION OF APPROPRIATIONS TO THE
  24. 24  SECRETARY OF STATE.—There are authorized to be ap-
  25. 25  propriated to the Secretary of State such sums as may

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be necessary to carry out the provisions of this title and the amendments made by this title.
SEC. 3302. EFFECTIVE DATE.

Except as otherwise specifically provided, this title and the amendments made by this title shall take effect on the date of the enactment of this Act.
SEC. 3303. MANDATORY EXIT SYSTEM.

(a) ESTABLISHMENT.—Not later than December 31, 2015, the Secretary shall establish a mandatory exit data system that shall include a requirement for the collection of data from machine-readable visas, passports, and other travel and entry documents for all categories of aliens who are exiting from air and sea ports of entry.

(b) INTEGRATION AND INTEROPERABILITY.—
(1) INTEGRATION OF DATA SYSTEM.—The Sec- retary shall fully integrate all data from databases and data systems that process or contain informa-

tion on aliens, which are maintained by— (A) the Department, at—

(i) the U.S. Immigration and Customs Enforcement;

(ii) the U.S. Customs and Border Protection; and

(iii) the U.S. Citizenship and Immi- gration Services;

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(B) the Department of Justice, at the Ex- ecutive Office for Immigration Review; and

(C) the Department of State, at the Bu- reau of Consular Affairs.
(2) INTEROPERABLE COMPONENT.—The fully

integrated data system under paragraph (1) shall be an interoperable component of the exit data system. (3) INTEROPERABLE DATA SYSTEM.—The Sec- retary shall fully implement an interoperable elec- tronic data system to provide current and immediate access to information in the databases of Federal law enforcement agencies and the intelligence com-

munity that is relevant to determine— (A) whether to issue a visa; or

(B) the admissibility or deportability of an alien.

(4) TRAINING.—The Secretary shall establish ongoing training modules on immigration law to im- prove adjudications at United States ports of entry, consulates, and embassies.

EAS13500 S.L.C. 543

  1. 1  SEC. 3304. IDENTITY-THEFT RESISTANT MANIFEST INFOR-
  2. 2  MATION FOR PASSENGERS, CREW, AND NON-
  3. 3  CREW ONBOARD DEPARTING AIRCRAFT AND
  4. 4  VESSELS.
  5. 5  (a) DEFINITIONS.—Except as otherwise specifically
  6. 6  provided, in this section:
  7. 7  (1) IDENTITY-THEFT RESISTANT COLLECTION
  8. 8  LOCATION.—The term ‘‘identity-theft resistant col-
  9. 9  lection location’’ means a location within an airport
  10. 10  or seaport—
  11. 11  (A) within the path of the departing alien,
  12. 12  such that the alien would not need to signifi-
  13. 13  cantly deviate from that path to comply with
  14. 14  exit requirements at which air or vessel carrier
  15. 15  employees, as applicable, either present or rou-
  16. 16  tinely available if an alien needs processing as-
  17. 17  sistance; and
  18. 18  (B) which is equipped with technology that
  19. 19  is able to securely transmit identity-theft resist-
  20. 20  ant departure manifest information to the De-
  21. 21  partment.
  22. 22  (2) US-VISIT.—The term ‘‘US-VISIT’’ means
  23. 23  the United States-Visitor and Immigrant Status In-
  24. 24  dicator Technology system.
  25. 25  (b) IDENTITY THEFT RESISTANT MANIFEST INFOR-
  26. 26  MATION.—

EAS13500 S.L.C. 544

  1. 1  (1) PASSPORT OR VISA COLLECTION REQUIRE-
  2. 2  MENT.—Except as provided in paragraph (c), an ap-
  3. 3  propriate official of each commercial aircraft or ves-
  4. 4  sel departing from the United States to any port or
  5. 5  place outside the United States shall ensure trans-
  6. 6  mission to U.S. Customs and Border Protection of
  7. 7  identity-theft resistant departure manifest informa-
  8. 8  tion covering alien passengers, crew, and non-crew.
  9. 9  Such identity-theft resistant departure manifest in-
  10. 10  formation—
  11. 11  (A) shall be transmitted to U.S. Customs
  12. 12  and Border Protection at the place and time
  13. 13  specified in subparagraph (3) by means ap-
  14. 14  proved by the Secretary; and
  15. 15  (B) shall set forth the information speci-
  16. 16  fied in paragraph (4) or other information as
  17. 17  required by the Secretary.
  18. 18  (2) MANNER OF COLLECTION.—Carriers board-
  19. 19  ing alien passengers, crew, and non-crew subject to
  20. 20  the requirement to provide information upon depar-
  21. 21  ture US-VISIT processing shall collect identity-theft
  22. 22  resistant departure manifest information from each
  23. 23  alien at a collection location at the airport or seaport
  24. 24  before boarding that alien on transportation for de-
  25. 25  parture from the United States, at a time close to

EAS13500 S.L.C. 545

  1. 1  the originally scheduled departure of that pas-
  2. 2  senger’s aircraft or sea vessel as practicable.
  3. 3  (3) TIME AND MANNER OF SUBMISSION.—
  4. 4  (A) IN GENERAL.—The appropriate official
  5. 5  specified in paragraph (1) shall ensure trans-
  6. 6  mission of the identity-theft resistant departure
  7. 7  manifest information required and collected
  8. 8  under paragraphs (1) and (2) to the Data Cen-
  9. 9  ter or Headquarters U.S. Customs and Border
  10. 10  Protection, or such other data center as may be
  11. 11  designated.
  12. 12  (B) TRANSMISSION.—The biometric depar-
  13. 13  ture information may be transmitted to the De-
  14. 14  partment over any means of communication au-
  15. 15  thorized by the Secretary for the transmission
  16. 16  of other electronic manifest information con-
  17. 17  taining personally identifiable information and
  18. 18  under transmission standards currently applica-
  19. 19  ble to other electronic manifest information.
  20. 20  (C) SUBMISSION ALONG WITH OTHER IN-
  21. 21  FORMATION.—Files containing the identity-
  22. 22  theft resistant departure manifest informa-
  23. 23  tion—
  24. 24  (i) may be sent with other electronic
  25. 25  manifest data prior to departure or may be

EAS13500 S.L.C. 546

  1. 1  sent separately from any topically related
  2. 2  electronic manifest data; and
  3. 3  (ii) may be sent in batch mode.
  4. 4  (4) INFORMATION REQUIRED.—The identity-
  5. 5  theft resistant departure information required under
  6. 6  paragraphs (1) through (3) for each covered pas-
  7. 7  senger or crew member shall contain alien data from
  8. 8  machine-readable visas, passports, and other travel
  9. 9  and entry documents issued to the alien.
  10. 10  (c) EXCEPTION.—The identity-theft resistant depar-
  11. 11  ture manifest information specified in this section is not
  12. 12  required for any alien active duty military personnel trav-
  13. 13  eling as passengers on board a departing Department of
  14. 14  Defense commercial chartered aircraft.
  15. 15  (d) CARRIER MAINTENANCE AND USE OF IDENTITY-
  16. 16  THEFT RESISTANT DEPARTURE MANIFEST INFORMA-
  17. 17  TION.—Carrier use of identity-theft resistant departure
  18. 18  manifest information for purposes other than as described
  19. 19  in standards set by the Secretary is prohibited. Carriers
  20. 20  shall immediately notify the Chief Privacy Officer of the
  21. 21  Department in writing in event of unauthorized use or ac-
  22. 22  cess, or breach, of identity-theft resistant departure mani-
  23. 23  fest information.
  24. 24  (e) COLLECTION AT SPECIFIED LOCATION.—If the
  25. 25  Secretary determines that an air or vessel carrier has not

EAS13500 S.L.C. 547

  1. 1  adequately complied with the provisions of this section, the
  2. 2  Secretary may, in the Secretary’s discretion, require the
  3. 3  air or vessel carrier to collect identity-theft resistant de-
  4. 4  parture manifest information at a specific location prior
  5. 5  to the issuance of a boarding pass or other document on
  6. 6  the international departure, or the boarding of crew, in
  7. 7  any port through which the carrier boards aliens for inter-
  8. 8  national departure under the supervision of the Secretary
  9. 9  for such period as the Secretary considers appropriate to
  10. 10  ensure the adequate collection and transmission of biomet-
  11. 11  ric departure manifest information.
  12. 12  (f) FUNDING.—There shall be appropriated to the In-
  13. 13  terior Enforcement Account $500,000,000 to reimburse
  14. 14  carriers for their reasonable actual expenses in carrying
  15. 15  out their duties as described in this section.
  16. 16  (g) DETERMINATION OF BUDGETARY EFFECTS.—
  17. 17  (1) EMERGENCY DESIGNATION FOR CONGRES-
  18. 18  SIONAL ENFORCEMENT.—In the Senate, amounts
  19. 19  made available under this section are designated as
  20. 20  an emergency requirement pursuant to section
  21. 21  403(a) of S. Con. Res. 13 (111th Congress), the
  22. 22  concurrent resolution on the budget for fiscal year
  23. 23  2010.
  24. 24  (2) EMERGENCY DESIGNATION FOR STATUTORY
  25. 25  PAYGO.—Amounts made available under this section

EAS13500 S.L.C. 548

  1. 1  are designated as an emergency requirement under
  2. 2  section 4(g) of the Statutory Pay-As-You-Go Act of
  3. 3  2010 (Public Law 111–139; 2 U.S.C. 933(g)).
  4. 4  SEC. 3305. PROFILING.
  5. 5  (a) PROHIBITION.—In making routine or sponta-
  6. 6  neous law enforcement decisions, such as ordinary traffic
  7. 7  stops, Federal law enforcement officers may not use race
  8. 8  or ethnicity to any degree, except that officers may rely
  9. 9  on race and ethnicity if a specific suspect description ex-

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(b) EXCEPTIONS.—
(1) In conducting activities in connection with

a specific investigation, Federal law enforcement of- ficers may consider race and ethnicity only to the ex- tent that there is trustworthy information, relevant to the locality or time frame, that links persons of a particular race or ethnicity to an identified crimi- nal incident, scheme, or organization. This standard applies even where the use of race or ethnicity might otherwise be lawful.

(2) In investigating or preventing threats to na- tional security or other catastrophic events (includ- ing the performance of duties related to air trans- portation security), or in enforcing laws protecting the integrity of the Nation’s borders, Federal law

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  1. 1  enforcement officers may not consider race or eth-
  2. 2  nicity except to the extent permitted by the Con-
  3. 3  stitution and laws of the United States.
  4. 4  (3) DEFINED TERM.—In this section, the term
  5. 5  ′′Federal law enforcement officer′′ means any officer,
  6. 6  agent, or employee of the United States authorized
  7. 7  by law or by a Government agency to engage in or
  8. 8  supervise the prevention, detection, investigation, or
  9. 9  prosecution of any violation of Federal law.
  10. 10  (b) STUDY AND REGULATIONS.—
  11. 11  (1) DATA COLLECTION.—Not later than 180
  12. 12  days after the date of the enactment of this Act, the
  13. 13  Secretary shall begin collecting data regarding the
  14. 14  individualized immigration enforcement activities of
  15. 15  covered Department of Homeland Security officers.
  16. 16  (2) STUDY.—Not later than 180 days after
  17. 17  data collection under paragraph (1) commences, the
  18. 18  Secretary shall complete a study analyzing the data.
  19. 19  (3) REGULATIONS.—Not later than 90 days
  20. 20  after the date the study required by paragraph (2)
  21. 21  is completed, the Secretary, in consultation with the
  22. 22  Attorney General, shall issue regulations regarding
  23. 23  the use of race, ethnicity, and any other suspect
  24. 24  classifications the Secretary deems appropriate by
  25. 25  covered Department of Homeland Security officers.

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(4) REPORTS.—Not later than 30 days after completion of the study required by paragraph (2), the Secretary shall submit the study to—

(A) the Committee on Homeland Security and Governmental Affairs of the Senate;

(B) the Committee on Homeland Security of the House of Representatives;

(C) the Committee on Appropriations of the Senate;

(D) the Committee on Appropriations of the House of Representatives;

(E) the Committee on the Judiciary of the Senate; and

(F) the Committee on the Judiciary of the House of Representatives.
(5) DEFINED TERM.—In this subsection, the

term ‘‘covered Department of Homeland Security of- ficer’’ means any officer, agent, or employee of United States Customs and Border Protection, United States Immigration and Customs Enforce- ment, or the Transportation Security Administra- tion.

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Subtitle D—Asylum and Refugee Provisions
SEC. 3401. TIME LIMITS AND EFFICIENT ADJUDICATION OF

GENUINE ASYLUM CLAIMS.

Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amend- ed—

(1) in subparagraph (A), by inserting ‘‘or the Secretary of Homeland Security’’ after ‘‘Attorney General’’ both places such term appears;

(2) by striking subparagraphs (B) and (D);

(3) by redesignating subparagraph (C) as sub- paragraph (B);

(4) in subparagraph (B), as redesignated, by striking ‘‘subparagraph (D)’’ and inserting ‘‘sub- paragraphs (C) and (D)’’; and

(5) by inserting after subparagraph (B), as re- designated, the following:

‘‘(C) CHANGED CIRCUMSTANCES.—Not- withstanding subparagraph (B), an application for asylum of an alien may be considered if the alien demonstrates, to the satisfaction of the Attorney General or the Secretary of Homeland Security, the existence of changed cir- cumstances that materially affect the appli- cant’s eligibility for asylum.

EAS13500 S.L.C. 552

  1. 1  ‘‘(D) MOTION TO REOPEN CERTAIN MERI-
  2. 2  TORIOUS CLAIMS.—Notwithstanding subpara-
  3. 3  graph (B) or section 240(c)(7), an alien may
  4. 4  file a motion to reopen an asylum claim during
  5. 5  the 2-year period beginning on the date of the
  6. 6  enactment of the Border Security, Economic
  7. 7  Opportunity, and Immigration Modernization
  8. 8  Act if the alien—
  9. 9  ‘‘(i) was denied asylum based solely
  10. 10  upon a failure to meet the 1-year applica-
  11. 11  tion filing deadline in effect on the date on
  12. 12  which the application was filed;
  13. 13  ‘‘(ii) was granted withholding of re-
  14. 14  moval pursuant to section 241(b)(3) and
  15. 15  has not obtained lawful permanent resi-
  16. 16  dence in the United States pursuant to any
  17. 17  other provision of law;
  18. 18  ‘‘(iii) is not subject to the safe third
  19. 19  country exception in subsection (a)(2)(A)
  20. 20  or a bar to asylum under subsection (b)(2)
  21. 21  and should not be denied asylum as a mat-
  22. 22  ter of discretion; and
  23. 23  ‘‘(iv) is physically present in the
  24. 24  United States when the motion is filed.’’.

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SEC. 3402. REFUGEE FAMILY PROTECTIONS.

(a) CHILDREN OF REFUGEE OR ASYLEE SPOUSES AND CHILDREN.—A child of an alien who qualifies for ad- mission as a spouse or child under section 207(c)(2)(A) or 208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to the same admission status as such alien if the child—

(1) is accompanying or following to join such alien; and

(2) is otherwise eligible under section 207(c)(2)(A) or 208(b)(3) of the Immigration and Nationality Act.

SEC. 3403. CLARIFICATION ON DESIGNATION OF CERTAIN REFUGEES.

Section 207(c)(1) (8 U.S.C. 1157(c)(1)) is amend- ed—

(1) by inserting ‘‘(A)’’ before ‘‘Subject to the numerical limitations’’; and

(2) by adding at the end the following:
‘‘(B)(i) The President, upon a recommendation of the Secretary of State made in consultation with the Secretary of Homeland Security, and after appropriate consultation,

may designate specifically defined groups of aliens—
‘‘(I) whose resettlement in the United States is justified by humanitarian concerns or is otherwise in

the national interest; and

EAS13500 S.L.C. 554

  1. 1  ‘‘(II) who—
  2. 2  ‘‘(aa) share common characteristics that
  3. 3  identify them as targets of persecution on ac-
  4. 4  count of race, religion, nationality, membership
  5. 5  in a particular social group, or political opinion;
  6. 6  or
  7. 7  ‘‘(bb) having been identified as targets as
  8. 8  described in item (aa), share a common need
  9. 9  for resettlement due to a specific vulnerability.
  10. 10  ‘‘(ii) An alien who establishes membership in a group
  11. 11  designated under clause (i) to the satisfaction of the Sec-
  12. 12  retary of Homeland Security shall be considered a refugee
  13. 13  for purposes of admission as a refugee under this section
  14. 14  unless the Secretary determines that such alien ordered,
  15. 15  incited, assisted, or otherwise participated in the persecu-
  16. 16  tion of any person on account of race, religion, nationality,
  17. 17  membership in a particular social group, or political opin-
  18. 18  ion.
  19. 19  ‘‘(iii) A designation under clause (i) is for purposes
  20. 20  of adjudicatory efficiency and may be revoked by the
  21. 21  President at any time after notification to Congress.
  22. 22  ‘‘(iv) Categories of aliens established under section
  23. 23  599D of the Foreign Operations, Export Financing, and
  24. 24  Related Programs Appropriations Act, 1990 (Public Law
  25. 25  101–167; 8 U.S.C. 1157 note)—

EAS13500 S.L.C. 555

  1. 1  ‘‘(I) shall be designated under clause (i) until
  2. 2  the end of the first fiscal year commencing after the
  3. 3  date of the enactment of the Border Security, Eco-
  4. 4  nomic Opportunity, and Immigration Modernization
  5. 5  Act; and
  6. 6  ‘‘(II) shall be eligible for designation thereafter
  7. 7  at the discretion of the President, considering,
  8. 8  among other factors, whether a country under con-
  9. 9  sideration has been designated by the Secretary of
  10. 10  State as a ‘Country of Particular Concern’ for en-
  11. 11  gaging in or tolerating systematic, ongoing, and
  12. 12  egregious violations of religious freedom.
  13. 13  ‘‘(v) A designation under clause (i) shall not influence
  14. 14  decisions to grant, to any alien, asylum under section 208,
  15. 15  protection under section 241(b)(3), or protection under
  16. 16  the Convention Against Torture and Other Cruel, Inhu-
  17. 17  man or Degrading Treatment or Punishment, done at
  18. 18  New York December 10, 1984.
  19. 19  ‘‘(vi) A decision to deny admission under this section
  20. 20  to an alien who establishes to the satisfaction of the Sec-
  21. 21  retary that the alien is a member of a group designated
  22. 22  under clause (i) shall—
  23. 23  ‘‘(I) be in writing; and
  24. 24  ‘‘(II) state, to the maximum extent feasible, the
  25. 25  reason for the denial.

EAS13500 S.L.C. 556

  1. 1  ‘‘(vii) Refugees admitted pursuant to a designation
  2. 2  under clause (i) shall be subject to the number of admis-
  3. 3  sions under this section.’’.
  4. 4  SEC. 3404. ASYLUM DETERMINATION EFFICIENCY.
  5. 5  Section 235(b)(1)(B)(ii) (8 U.S.C. 1225(b)(1)(B)(ii))
  6. 6  is amended—
  7. 7  (1) by striking ‘‘asylum.’’ and inserting ‘‘asy-
  8. 8  lum by an asylum officer. The asylum officer, after
  9. 9  conducting a nonadversarial asylum interview and
  10. 10  seeking supervisory review, may grant asylum to the
  11. 11  alien under section 208 or refer the case to a des-
  12. 12  ignee of the Attorney General, for a de novo asylum
  13. 13  determination, for relief under the Convention
  14. 14  Against Torture and Other Cruel, Inhuman or De-
  15. 15  grading Treatment or Punishment, done at New
  16. 16  York December 10, 1984, or for protection under
  17. 17  section 241(b)(3).’’.
  18. 18  SEC. 3405. STATELESS PERSONS IN THE UNITED STATES.
  19. 19  (a) IN GENERAL.—Chapter 1 of title II (8 U.S.C.
  20. 20  1151 et seq.) is amended by adding at the end the fol-
  21. 21  lowing:
  22. 22  ‘‘SEC. 210A. PROTECTION OF CERTAIN STATELESS PER-
  23. 23  SONS IN THE UNITED STATES.
  24. 24  ‘‘(a) STATELESS PERSONS.—

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‘‘(1) IN GENERAL.—In this section, the term ‘stateless person’ means an individual who is not considered a national under the operation of the laws of any country.

‘‘(2) DESIGNATION OF SPECIFIC STATELESS GROUPS.—The Secretary of Homeland Security, in consultation with the Secretary of State, may, in the discretion of the Secretary, designate specific groups of individuals who are considered stateless persons, for purposes of this section.

‘‘(b) STATUS OF STATELESS PERSONS.—
‘‘(1) RELIEF FOR CERTAIN INDIVIDUALS DE-

TERMINED TO BE STATELESS PERSONS.—The Sec- retary of Homeland Security or the Attorney Gen- eral may, in his or her discretion, provide conditional lawful status to an alien who is otherwise inadmis- sible or deportable from the United States if the alien—

‘‘(A) is a stateless person present in the United States;

‘‘(B) applies for such relief;

‘‘(C) has not lost his or her nationality as a result of his or her voluntary action or know- ing inaction after arrival in the United States;

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‘‘(D) except as provided in paragraphs (2) and (3), is not inadmissible under section 212(a); and

‘‘(E) is not described in section 241(b)(3)(B)(i).

‘‘(2) INAPPLICABILITY OF CERTAIN PROVI- SIONS.—The provisions under paragraphs (4), (5), (7), and (9)(B) of section 212(a) shall not apply to any alien seeking relief under paragraph (1).

‘‘(3) WAIVER.—The Secretary or the Attorney General may waive any other provisions of such sec- tion, other than subparagraphs (B), (C), (D)(ii), (E), (G), (H), or (I) of paragraph (2), paragraph (3), paragraph (6)(C)(i) (with respect to misrepre- sentations relating to the application for relief under paragraph (1)), or subparagraphs (A), (C), (D), or (E) of paragraph (10) of section 212(a), with re- spect to such an alien for humanitarian purposes, to assure family unity, or if it is otherwise in the public interest.

‘‘(4) SUBMISSION OF PASSPORT OR TRAVEL DOCUMENT.—Any alien who seeks relief under this section shall submit to the Secretary of Homeland Security or the Attorney General—

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‘‘(A) any available passport or travel docu- ment issued at any time to the alien (whether or not the passport or document has expired or been cancelled, rescinded, or revoked); or

‘‘(B) an affidavit, sworn under penalty of perjury—

‘‘(i) stating that the alien has never been issued a passport or travel document; or

‘‘(ii) identifying with particularity any such passport or travel document and ex- plaining why the alien cannot submit it.

‘‘(5) WORK AUTHORIZATION.—The Secretary of Homeland Security may authorize an alien who has applied for and is found prima facie eligible for or been granted relief under paragraph (1) to engage in employment in the United States.

‘‘(6) TRAVEL DOCUMENTS.—The Secretary may issue appropriate travel documents to an alien who has been granted relief under paragraph (1) that would allow him or her to travel abroad and be ad- mitted to the United States upon return, if other- wise admissible.

‘‘(7) TREATMENT OF SPOUSE AND CHIL- DREN.—The spouse or child of an alien who has

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been granted conditional lawful status under para- graph (1) shall, if not otherwise eligible for admis- sion under paragraph (1), be granted conditional lawful status under this section if accompanying, or following to join, such alien if—

‘‘(A) the spouse or child is admissible (ex- cept as otherwise provided in paragraphs (2) and (3)) and is not described in section 241(b)(3)(B)(i); and

‘‘(B) the qualifying relationship to the principal beneficiary existed on the date on which such alien was granted conditional lawful status.

‘‘(c) ADJUSTMENT OF STATUS.—
‘‘(1) INSPECTION AND EXAMINATION.—At the

end of the 1-year period beginning on the date on which an alien has been granted conditional lawful status under subsection (b), the alien may apply for lawful permanent residence in the United States if—

‘‘(A) the alien has been physically present in the United States for at least 1 year;

‘‘(B) the alien’s conditional lawful status has not been terminated by the Secretary of Homeland Security or the Attorney General,

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pursuant to such regulations as the Secretary or the Attorney General may prescribe; and

‘‘(C) the alien has not otherwise acquired permanent resident status.
‘‘(2) REQUIREMENTS FOR ADJUSTMENT OF

STATUS.—The Secretary of Homeland Security or the Attorney General, under such regulations as the Secretary or the Attorney General may prescribe, may adjust the status of an alien granted condi- tional lawful status under subsection (b) to that of an alien lawfully admitted for permanent residence if such alien—

‘‘(A) is a stateless person;

‘‘(B) properly applies for such adjustment of status;

‘‘(C) has been physically present in the United States for at least 1 year after being granted conditional lawful status under sub- section (b);

‘‘(D) is not firmly resettled in any foreign country; and

‘‘(E) is admissible (except as otherwise provided under paragraph (2) or (3) of sub- section (b)) as an immigrant under this chapter

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at the time of examination of such alien for ad- justment of status.
‘‘(3) RECORD.—Upon approval of an applica-

tion under this subsection, the Secretary of Home- land Security or the Attorney General shall establish a record of the alien’s admission for lawful perma- nent residence as of the date that is 1 year before the date of such approval.

‘‘(4) NUMERICAL LIMITATION.—The number of aliens who may receive an adjustment of status under this section for a fiscal year shall be subject to the numerical limitation of section 203(b)(4).
‘‘(d) PROVING THE CLAIM.—In determining an

alien’s eligibility for lawful conditional status or adjust- ment of status under this subsection, the Secretary of Homeland Security or the Attorney General shall consider any credible evidence relevant to the application. The de- termination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Secretary or the Attorney General.

‘‘(e) REVIEW.—
‘‘(1) ADMINISTRATIVE REVIEW.—No appeal

shall lie from the denial of an application by the Secretary, but such denial will be without prejudice

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to the alien’s right to renew the application in pro- ceedings under section 240.

‘‘(2) MOTIONS TO REOPEN.—Notwithstanding any limitation imposed by law on motions to reopen removal, deportation, or exclusion proceedings, any individual who is eligible for relief under this section may file a motion to reopen proceedings in order to apply for relief under this section. Any such motion shall be filed within 2 years of the date of the enact- ment of the Border Security, Economic Opportunity, and Immigration Modernization Act.
‘‘(f) LIMITATION.—

‘‘(1) APPLICABILITY.—The provisions of this section shall only apply to aliens present in the United States.

‘‘(2) SAVINGS PROVISION.—Nothing in this sec- tion may be construed to authorize or require—

‘‘(A) the admission of any alien to the United States;

‘‘(B) the parole of any alien into the United States; or

‘‘(C) the grant of any motion to reopen or reconsider filed by an alien after departure or removal from the United States.’’.

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(b) JUDICIAL REVIEW.—Section 242(a)(2)(B)(ii) (8 U.S.C. 1252(a)(2)(B)(ii)) is amended by striking ‘‘208(a).’’ and inserting ‘‘208(a) or 210A.’’.

(c) CONFORMING AMENDMENT.—Section 203(b)(4) (8 U.S.C. 1153(b)(4)) is amended by inserting ‘‘to aliens granted an adjustment of status under section 210A(c) or’’ after ‘‘level,’’.

(d) CLERICAL AMENDMENT.—The table of contents

for the Immigration and Nationality Act is amended by

inserting after the item relating to section 210 the fol-

lowing:
‘‘Sec. 210A. Protection of stateless persons in the United States.’’.

SEC. 3406. U VISA ACCESSIBILITY.

Section 214(p)(2)(A) (8 U.S.C. 1184(p)(2)(A)) is amended by striking ‘‘10,000.’’ and inserting ‘‘18,000, of which not more than 3,000 visas may be issued for aliens who are victims of a covered violation described in section 101(a)(15)(U).’’.
SEC. 3407. REPRESENTATION AT OVERSEAS REFUGEE

INTERVIEWS.

Section 207(c) (8 U.S.C. 1157(c)) is amended by adding at the end the following:

‘‘(5) The adjudicator of an application for ref- ugee status under this section shall consider all rel- evant evidence and maintain a record of the evidence considered.

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‘‘(6) An applicant for refugee status may be represented, including at a refugee interview, at no expense to the Government, by an attorney or ac- credited representative who—

‘‘(A) was chosen by the applicant; and

‘‘(B) is authorized by the Secretary of Homeland Security to be recognized as the rep- resentative of such applicant in an adjudication under this section.

‘‘(7)(A) A decision to deny an application for refugee status under this section—

‘‘(i) shall be in writing; and

‘‘(ii) shall provide, to the maximum extent feasible, information on the reason for the de- nial, including—

‘‘(I) the facts underlying the deter- mination; and

‘‘(II) whether there is a waiver of in- admissibility available to the applicant.

‘‘(B) The basis of any negative credibility find- ing shall be part of the written decision.

‘‘(8)(A) An applicant who is denied refugee sta- tus under this section may file a request with the Secretary for a review of his or her application not later than 120 days after such denial.

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‘‘(B) A request filed under subparagraph (A) shall be adjudicated by refugee officers who have re- ceived training on considering requests for review of refugee applications that have been denied.

‘‘(C) The Secretary shall publish the standard applied to a request for review.

‘‘(D) A request for review may result in the de- cision being granted, denied, or reopened for a fur- ther interview.

‘‘(E) A decision on a request for review under this paragraph—

‘‘(i) shall be in writing; and

‘‘(ii) shall provide, to the maximum extent feasible, information on the reason for the de- nial.’’.

Subtitle E—Shortage of Immigra- tion Court Resources for Re- moval Proceedings

SEC. 3501. SHORTAGE OF IMMIGRATION COURT PER- SONNEL FOR REMOVAL PROCEEDINGS.

(a) IMMIGRATION COURT JUDGES.—The Attorney General shall increase the total number of immigration judges to adjudicate current pending cases and efficiently process future cases by at least—

(1) 75 in fiscal year 2014;

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(2) 75 in fiscal year 2015; and

(3) 75 in fiscal year 2016.
(b) NECESSARY SUPPORT STAFF FOR IMMIGRATION

COURT JUDGES.—The Attorney General shall address the shortage of support staff for immigration judges by ensur- ing that each immigration judge has the assistance of the necessary support staff, including the equivalent of 1 staff attorney or law clerk and 1 legal assistant.

(c) ANNUAL INCREASES IN BOARD OF IMMIGRATION APPEALS PERSONNEL.—The Attorney General shall in- crease the number of Board of Immigration Appeals staff attorneys (including the necessary additional support staff) to efficiently process cases by at least—

(1) 30 in fiscal year 2014;
(2) 30 in fiscal year 2015; and (3) 30 in fiscal year 2016.

(d) FUNDING.—There shall be appropriated, from the Comprehensive Immigration Reform Trust Fund es- tablished under section 6(a)(1), such sums as may be nec- essary to carry out this section.
SEC. 3502. IMPROVING IMMIGRATION COURT EFFICIENCY

AND REDUCING COSTS BY INCREASING AC-

CESS TO LEGAL INFORMATION.

(a) CLARIFICATION REGARDING THE AUTHORITY OF THE ATTORNEY GENERAL TO APPOINT COUNSEL TO

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ALIENS IN IMMIGRATION PROCEEDINGS.—Section 292 (8 U.S.C. 1362) is amended—

(1) by inserting ‘‘(a)’’ before ‘‘In any’’;

(2) by striking ‘‘(at no expense to the Govern- ment)’’;

(3) by striking ‘‘he shall’’ and inserting ‘‘the person shall’’; and

(4) by adding at the end the following:
‘‘(b) The Government is not required to provide coun- sel to aliens under subsection (a). However, the Attorney General may, in the Attorney General’s sole and unreviewable discretion, appoint or provide counsel to aliens in immigration proceedings conducted under section

240 of this Act.’’.
(b) APPOINTMENT OF COUNSEL IN CERTAIN

CASES.—Section 240(b)(4) (8 U.S.C. 1229a(b)(4)) is amended—

(1) in subparagraph (A), by striking ‘‘, at no expense to the Government,’’; and

(2) by adding at the end the following: ‘‘The Government is not required to provide counsel to aliens under this paragraph. However, the Attorney General may, in the Attorney General’s sole and unreviewable discretion, appoint or provide counsel

EAS13500 S.L.C. 569

  1. 1  at government expense to aliens in immigration pro-
  2. 2  ceedings.’’.
  3. 3  (c) APPOINTMENT OF COUNSEL FOR UNACCOM-
  4. 4  PANIED ALIEN CHILDREN AND ALIENS WITH A SERIOUS
  5. 5  MENTAL DISABILITY.—Section 292 (8 U.S.C. 1362), as
  6. 6  amended by subsection (a), is further amended by adding
  7. 7  at the end the following:
  8. 8  ‘‘(c) Notwithstanding subsection (b), the Attorney
  9. 9  General shall appoint counsel, at the expense of the Gov-
  10. 10  ernment, if necessary, to represent an alien in a removal
  11. 11  proceeding who has been determined by the Secretary to
  12. 12  be an unaccompanied alien child, is incompetent to rep-
  13. 13  resent himself or herself due to a serious mental disability
  14. 14  that would be included in section 3(2) of the Americans
  15. 15  with Disabilities Act of 1990 (42 U.S.C. 12102(2)), or is
  16. 16  considered particularly vulnerable when compared to other
  17. 17  aliens in removal proceedings, such that the appointment
  18. 18  of counsel is necessary to help ensure fair resolution and
  19. 19  efficient adjudication of the proceedings.’’.
  20. 20  (d) FUNDING.—There shall be appropriated, from
  21. 21  the Comprehensive Immigration Reform Trust Fund es-
  22. 22  tablished under section 6(a)(1), such sums as may be nec-
  23. 23  essary to carry out this section and the amendments made
  24. 24  by this section.

EAS13500 S.L.C. 570

  1. 1  SEC. 3503. OFFICE OF LEGAL ACCESS PROGRAMS.
  2. 2  (a) ESTABLISHMENT OF OFFICE OF LEGAL ACCESS
  3. 3  PROGRAMS.—The Attorney General shall establish within
  4. 4  the Executive Office for Immigration Review an Office of
  5. 5  Legal Access Programs to develop and administer a sys-
  6. 6  tem of legal orientation programs to make immigration
  7. 7  proceedings more efficient and cost effective by educating
  8. 8  aliens regarding administrative procedures and legal
  9. 9  rights under United States immigration law and to estab-
  10. 10  lish other programs to assist in providing aliens access to
  11. 11  legal information.
  12. 12  (b) LEGAL ORIENTATION PROGRAMS.—The legal ori-
  13. 13  entation programs—
  14. 14  (1) shall provide programs to assist detained
  15. 15  aliens in making informed and timely decisions re-
  16. 16  garding their removal and eligibility for relief from
  17. 17  removal in order to increase efficiency and reduce
  18. 18  costs in immigration proceedings and Federal cus-
  19. 19  tody processes and to improve access to counsel and
  20. 20  other legal services;
  21. 21  (2) may provide services to detained aliens in
  22. 22  immigration proceedings under sections 235, 238,
  23. 23  240, and 241(a)(5) of the Immigration and Nation-
  24. 24  ality Act (8 U.S.C. 1225, 1228, 1229a, and
  25. 25  1231(a)(5)) and to other aliens in immigration and
  26. 26  asylum proceedings under sections 235, 238, and

EAS13500 S.L.C. 571

  1. 1  240 of the Immigration and Nationality Act (8
  2. 2  U.S.C. 1225, 1228, and 1229a); and
  3. 3  (3) shall identify unaccompanied alien children,
  4. 4  aliens with a serious mental disability, and other
  5. 5  particularly vulnerable aliens for consideration by
  6. 6  the Attorney General pursuant to section 292(c) of
  7. 7  the Immigration and Nationality Act, as added by
  8. 8  section 3502(c).
  9. 9  (c) PROCEDURES.—The Secretary shall establish pro-
  10. 10  cedures that ensure that legal orientation programs are
  11. 11  available for all detained aliens within 5 days of arrival
  12. 12  into custody and to inform such aliens of the basic proce-
  13. 13  dures of immigration hearings, their rights relating to
  14. 14  those hearings under the immigration laws, information
  15. 15  that may deter such aliens from filing frivolous legal
  16. 16  claims, and any other information deemed appropriate by
  17. 17  the Attorney General, such as a contact list of potential
  18. 18  legal resources and providers.
  19. 19  (d) RULE OF CONSTRUCTION.—Nothing in this sub-
  20. 20  section shall be construed to create any substantive or pro-
  21. 21  cedural right or benefit that is legally enforceable by any
  22. 22  party against the United States or its agencies or officers
  23. 23  or any other person.
  24. 24  (e) FUNDING.—There shall be appropriated, from the
  25. 25  Comprehensive Immigration Reform Trust Fund estab-

EAS13500 S.L.C. 572

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lished under section 6(a)(1), such sums as may be nec- essary to carry out this section.
SEC. 3504. CODIFYING BOARD OF IMMIGRATION APPEALS.

(a) DEFINITION OF BOARD MEMBER.—Section 101(a) (8 U.S.C. 1101(a)) is amended by adding at the end the following:

‘‘(53) The term ‘Board Member’ means an at- torney whom the Attorney General appoints as an administrative judge within the Executive Office for Immigration Review to serve on the Board of Immi- gration Appeals, qualified to review decisions of im- migration judges and other matters within the juris- diction of the Board of Immigration Appeals.’’.
(b) BOARD OF IMMIGRATION APPEALS.—Section

240(a)(1) (8 U.S.C. 1229a(a)(1)) is amended by adding at the end the following: ‘‘The Board of Immigration Ap- peals and its Board Members shall review decisions of im- migration judges under this section.’’.

(c) APPEALS.—Section 240(b)(4) (8 U.S.C. 1229a(b)(4)), as amended by section 3502(b), is further amended—

(1) in subparagraph (B), by striking ‘‘, and’’ and inserting a semicolon;

(2) in subparagraph (C), by striking the period and inserting ‘‘; and’’; and

EAS13500 S.L.C. 573

  1. 1  (3) by inserting after subparagraph (C) the fol-
  2. 2  lowing:
  3. 3  ‘‘(D) the alien may appeal the immigration
  4. 4  judge’s decision to a 3-judge panel of the Board
  5. 5  of Immigration Appeals.’’.
  6. 6  (d) DECISION AND BURDEN OF PROOF.—Section
  7. 7  240(c)(1)(A) (8 U.S.C. 1229a(c)(1)(A)) is amended to
  8. 8  read as follows:
  9. 9  ‘‘(A) IN GENERAL.—At the conclusion of
  10. 10  the proceeding, the immigration judge shall de-
  11. 11  cide whether an alien is removable from the
  12. 12  United States. The determination of the immi-
  13. 13  gration judge shall be based only on the evi-
  14. 14  dence produced at the hearing. On appeal, the
  15. 15  Board of Immigration Appeals shall issue a
  16. 16  written opinion. The opinion shall address all
  17. 17  dispositive arguments raised by the parties. The
  18. 18  panel may incorporate by reference the opinion
  19. 19  of the immigration judge whose decision is
  20. 20  being reviewed, provided that the panel also ad-
  21. 21  dresses any arguments made by the nonpre-
  22. 22  vailing party regarding purported errors of law,
  23. 23  fact, or discretion.’’.

EAS13500 S.L.C. 574

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SEC. 3505. IMPROVED TRAINING FOR IMMIGRATION JUDGES AND BOARD MEMBERS.

(a) IN GENERAL.—Section 240 (8 U.S.C. 1229a) is amended by adding at the end the following:

‘‘(f) IMPROVED TRAINING.—
‘‘(1) IMPROVED TRAINING FOR IMMIGRATION

JUDGES AND BOARD MEMBERS.—
‘‘(A) IN GENERAL.—In consultation with

the Attorney General and the Director of the Federal Judicial Center, the Director of the Ex- ecutive Office for Immigration Review shall re- view and modify, as appropriate, training pro- grams for immigration judges and Board Mem- bers.

‘‘(B) ELEMENTS OF REVIEW.—Each such review shall study—

‘‘(i) the expansion of the training pro- gram for new immigration judges and Board Members;

‘‘(ii) continuing education regarding current developments in the field of immi- gration law; and

‘‘(iii) methods to ensure that immigra- tion judges are trained on properly crafting and dictating decisions.

EAS13500 S.L.C. 575

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‘‘(2) IMPROVED TRAINING AND GUIDANCE FOR STAFF.—The Director of the Executive Office for Immigration Review shall—

‘‘(A) modify guidance and training regard- ing screening standards and standards of re- view; and

‘‘(B) ensure that Board Members provide staff attorneys with appropriate guidance in drafting decisions in individual cases, consistent with the policies and directives of the Director of the Executive Office for Immigration Review and the Chairman of the Board of Immigration Appeals.’’.

(b) FUNDING.—There shall be appropriated, from the Comprehensive Immigration Reform Trust Fund estab- lished under section 6(a)(1), such sums as may be nec- essary to carry out this section and the amendment made by this section.

SEC. 3506. IMPROVED RESOURCES AND TECHNOLOGY FOR IMMIGRATION COURTS AND BOARD OF IMMI-

GRATION APPEALS.

(a) IMPROVED ON-BENCH REFERENCE MATERIALS AND DECISION TEMPLATES.—The Director of the Execu- tive Office for Immigration Review shall ensure that immi- gration judges are provided with updated reference mate-

EAS13500 S.L.C. 576

  1. 1  rials and standard decision templates that conform to the
  2. 2  law of the circuits in which they sit.
  3. 3  (b) PRACTICE MANUAL.—The Director of the Execu-
  4. 4  tive Office for Immigration Review shall produce a prac-
  5. 5  tice manual describing best practices for the immigration
  6. 6  courts and shall make such manual available electronically
  7. 7  to counsel and litigants who appear before the immigra-
  8. 8  tion courts.
  9. 9  (c) RECORDING SYSTEM AND OTHER TECH-
  10. 10  NOLOGIES.—
  11. 11  (1) PLAN REQUIRED.—The Director of the Ex-
  12. 12  ecutive Office for Immigration Review shall provide
  13. 13  the Attorney General with a plan and a schedule to
  14. 14  replace the immigration courts’ tape recording sys-
  15. 15  tem with a digital recording system that is compat-
  16. 16  ible with the information management systems of
  17. 17  the Executive Office for Immigration Review.
  18. 18  (2) AUDIO RECORDING SYSTEM.—Consistent
  19. 19  with the plan described in paragraph (1), the Direc-
  20. 20  tor shall pilot a digital audio recording system not
  21. 21  later than 1 year after the enactment of this Act,
  22. 22  and shall begin nationwide implementation of that
  23. 23  system as soon as practicable.
  24. 24  (d) IMPROVED TRANSCRIPTION SERVICES.—Not
  25. 25  later than 1 year after the enactment of this Act, the Di-

EAS13500 S.L.C. 577

  1. 1  rector of the Executive Office for Immigration Review
  2. 2  shall report to the Attorney General on the current tran-
  3. 3  scription services utilized by the Office and recommend
  4. 4  improvements to this system regarding quality and timeli-
  5. 5  ness of transcription.
  6. 6  (e) IMPROVED INTERPRETER SELECTION.—Not later
  7. 7  than 1 year after the enactment of this Act, the Director
  8. 8  of the Executive Office for Immigration Review shall re-
  9. 9  port to the Attorney General on the current interpreter
  10. 10  selection process utilized by the Office and recommend im-
  11. 11  provements to this process regarding screening, hiring,
  12. 12  certification, and evaluation of staff and contract inter-
  13. 13  preters.
  14. 14  (f) FUNDING.—There shall be appropriated, from the
  15. 15  Comprehensive Immigration Reform Trust Fund estab-
  16. 16  lished under section 6(a)(1), such sums as may be nec-
  17. 17  essary to carry out this section.
  18. 18  Subtitle F—Prevention of Traf-
  19. 19  ficking in Persons and Abuses
  20. 20  Involving Workers Recruited
  21. 21  Abroad
  22. 22  SEC. 3601. DEFINITIONS.
  23. 23  (a) IN GENERAL.—Except as otherwise provided by
  24. 24  this subtitle, the terms used in this subtitle shall have the
  25. 25  same meanings, respectively, as are given those terms in

EAS13500 S.L.C. 578

  1. 1  section 3 of the Fair Labor Standards Act of 1938 (29
  2. 2  U.S.C. 203).
  3. 3  (b) OTHER DEFINITIONS.—
  4. 4  (1) FOREIGN LABOR CONTRACTOR.—The term
  5. 5  ‘‘foreign labor contractor’’ means any person who
  6. 6  performs any foreign labor contracting activity, in-
  7. 7  cluding any person who performs foreign labor con-
  8. 8  tracting activity wholly outside of the United States,
  9. 9  except that the term does not include any entity of
  10. 10  the United States Government.
  11. 11  (2) FOREIGN LABOR CONTRACTING ACTIVITY.—
  12. 12  The term ‘‘foreign labor contracting activity’’ means
  13. 13  recruiting, soliciting, hiring, employing, sponsoring,
  14. 14  managing, furnishing, processing visa applications
  15. 15  for, transporting, or housing an individual who re-
  16. 16  sides outside of the United States in furtherance of
  17. 17  employment in the United States, including when
  18. 18  such activity occurs wholly outside of the United
  19. 19  States.
  20. 20  (3) PERSON.—The term ‘‘person’’ means any
  21. 21  natural person or any corporation, company, firm,
  22. 22  partnership, joint stock company or association or
  23. 23  other organization or entity (whether organized
  24. 24  under law or not), including municipal corporations.

EAS13500 S.L.C. 579

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(4) SECRETARY.—The term the ‘‘Secretary’’ means the Secretary of Labor.

(5) WORKER.—the term ‘‘worker’’ means an in- dividual or exchange visitor who is the subject of for- eign labor contracting activity.

SEC. 3602. DISCLOSURE.

(a) REQUIREMENT FOR DISCLOSURE.—Any person who engages in foreign labor contracting activity shall as- certain and disclose in writing in English and in the pri- mary language of the worker at the time of the worker’s recruitment, the following information:

(1) The identity and address of the employer and the identity and address of the person con- ducting the recruiting on behalf of the employer, in- cluding any subcontractor or agent involved in such recruiting.

(2) All assurances and terms and conditions of employment, from the prospective employer for whom the worker is being recruited, including the work hours, level of compensation to be paid, the place and period of employment, a description of the type and nature of employment activities, any withholdings or deductions from compensation and any penalties for terminating employment.

EAS13500 S.L.C. 580

  1. 1  (3) A signed copy of the work contract between
  2. 2  the worker and the employer.
  3. 3  (4) The type of visa under which the foreign
  4. 4  worker is to be employed, the length of time for
  5. 5  which the visa will be valid and the terms and condi-
  6. 6  tions under which this visa will be renewed with a
  7. 7  clear statement of whether the employer will secure
  8. 8  renewal of this visa or if renewal must be obtained
  9. 9  by the worker and any expenses associated with se-
  10. 10  curing or renewing the visa.
  11. 11  (5) An itemized list of any costs or expenses to
  12. 12  be charged to the worker and any deductions to be
  13. 13  taken from wages, including any costs for housing or
  14. 14  accommodation, transportation to and from the
  15. 15  worksite, meals, health insurance, workers’ com-
  16. 16  pensation, costs of benefits provided, medical exami-
  17. 17  nations, healthcare, tools, or safety equipment costs.
  18. 18  (6) The existence of any labor organizing effort,
  19. 19  strike, lockout, or other labor dispute at the place of
  20. 20  employment.
  21. 21  (7) Whether and the extent to which workers
  22. 22  will be compensated through workers’ compensation,
  23. 23  private insurance, or otherwise for injuries or death,
  24. 24  including work related injuries and death, during the
  25. 25  period of employment and, if so, the name of the

EAS13500 S.L.C. 581

  1. 1  State workers’ compensation insurance carrier or the
  2. 2  name of the policyholder of the private insurance,
  3. 3  the name and the telephone number of each person
  4. 4  who must be notified of an injury or death, and the
  5. 5  time period within which such notice must be given.
  6. 6  (8) A statement, in a form specified by the Sec-
  7. 7  retary—

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(A) stating that—
(i) no foreign labor contractor, agent,

or employee of a foreign labor contractor, may lawfully assess any fee (including visa fees, processing fees, transportation fees, legal expenses, placement fees, and other costs) to a worker for any foreign labor contracting activity; and

(ii) the employer may bear such costs or fees for the foreign labor contractor, but that these fees cannot be passed along to the worker; and
(B) explaining that—

(i) no additional requirements or changes may be made from the terms of the contract originally signed by the work- er unless the worker is provided at least 48

EAS13500 S.L.C. 582

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hours to review and consider the additional requirements or changes;

(ii) no such additional requirements or changes may be made to the original con- tract signed by the worker without the spe- cific consent of the worker to each such additional requirement or change; and

(iii) such consent shall be obtained voluntarily and without threat of penalty and if not so obtained will be a violation of law subject to the provisions of section 3611;
(C) describing the protections afforded the

worker by this section and by section 202 of the William Wilberforce Trafficking Victims Protec- tion Reauthorization Act of 2008 (8 U.S.C. 1375b) and any applicable visa program, in- cluding—

(i) relevant information about the pro- cedure for filing a complaint provided for in section 3611 and

(ii) the telephone number for the na- tional human trafficking resource center hotline number.

EAS13500 S.L.C. 583

  1. 1  (9) Any education or training to be provided or
  2. 2  required, including the nature, timing and cost of
  3. 3  such training and the person who will pay such
  4. 4  costs, whether the training is a condition of employ-
  5. 5  ment, continued employment, or future employment;
  6. 6  and whether the worker will be paid or remunerated
  7. 7  during the training period, including the rate of pay.
  8. 8  (10) Any other information that the Secretary
  9. 9  may require by regulation.
  10. 10  (b) RELATIONSHIP TO LABOR AND EMPLOYMENT
  11. 11  LAWS.—Nothing in the disclosure required by subsection
  12. 12  (a) shall constitute a legal conclusion as to the worker’s
  13. 13  status or rights under the labor and employment laws.
  14. 14  (c) PROHIBITION ON FALSE AND MISLEADING IN-
  15. 15  FORMATION.—No foreign labor contractor or employer
  16. 16  who engages in any foreign labor contracting activity shall
  17. 17  knowingly provide materially false or misleading informa-
  18. 18  tion to any worker concerning any matter required to be
  19. 19  disclosed under section (a). The disclosure required by this
  20. 20  section is a document concerning the proper administra-
  21. 21  tion of a matter within the jurisdiction of a department
  22. 22  or agency of the United States for the purposes of section
  23. 23  1519 of title 18, United States Code.

EAS13500 S.L.C. 584

  1. 1  SEC. 3603. PROHIBITION ON DISCRIMINATION.
  2. 2  (a) IN GENERAL.—It shall be unlawful for an em-
  3. 3  ployer or a foreign labor contractor to fail or refuse to
  4. 4  hire, discharge, intimidate, threaten, restrain, coerce, or
  5. 5  blacklist any individual or otherwise discriminate against
  6. 6  an individual with respect to compensation, terms, condi-
  7. 7  tions, or privileges of employment, because of such individ-
  8. 8  ual’s race, color, creed, sex, national origin, religion, age,
  9. 9  or disability.
  10. 10  (b) DETERMINATIONS OF DISCRIMINATION.—For the
  11. 11  purposes of determining the existence of unlawful dis-
  12. 12  crimination under subsection (a)—
  13. 13  (1) in the case of a claim of discrimination
  14. 14  based on race, color, creed, sex, national origin, or
  15. 15  religion, the same legal standards shall apply as are
  16. 16  applicable under title VII of the Civil Rights Act of
  17. 17  1964 (42 U.S.C. 2000e et seq.);
  18. 18  (2) in the case of a claim of discrimination
  19. 19  based on unlawful discrimination based on age, the
  20. 20  same legal standards shall apply as are applicable
  21. 21  under the Age Discrimination in Employment Act of
  22. 22  1967 (29 U.S.C. 621 et seq.); and
  23. 23  (3) in the case of a claim of discrimination
  24. 24  based on disability, the same legal standards shall
  25. 25  apply as are applicable under title I of the Ameri-

EAS13500 S.L.C. 585

  1. 1  cans With Disabilities Act of 1990 (42 U.S.C.
  2. 2  12111 et seq.).
  3. 3  SEC. 3604. RECRUITMENT FEES.
  4. 4  No employer, foreign labor contractor, or agent or
  5. 5  employee of a foreign labor contractor, shall assess any
  6. 6  fee (including visa fees, processing fees, transportation
  7. 7  fees, legal expenses, placement fees, and other costs) to
  8. 8  a worker for any foreign labor contracting activity.
  9. 9  SEC. 3605. REGISTRATION.
  10. 10  (a) REQUIREMENT TO REGISTER.—
  11. 11  (1) IN GENERAL.—Subject to paragraph (2),
  12. 12  prior to engaging in any foreign labor contracting
  13. 13  activity, any person who is a foreign labor contractor
  14. 14  or who, for any money or other valuable consider-
  15. 15  ation paid or promised to be paid, performs a for-
  16. 16  eign labor contracting activity on behalf of a foreign
  17. 17  labor contractor, shall obtain a certificate of reg-
  18. 18  istration from the Secretary of Labor pursuant to
  19. 19  regulations promulgated by the Secretary under sub-
  20. 20  section (c).
  21. 21  (2) EXCEPTION FOR CERTAIN EMPLOYERS.—An
  22. 22  employer, or employee of an employer, who engages
  23. 23  in foreign labor contracting activity solely to find
  24. 24  employees for that employer’s own use, and without
  25. 25  the participation of any other foreign labor con-

EAS13500 S.L.C. 586

  1. 1  tractor, shall not be required to register under this
  2. 2  section. Notwithstanding the preceding sentence,
  3. 3  such an employer shall be subject to the require-
  4. 4  ments of subsections (a) and (c) of section 3602 and
  5. 5  sections 3603 and 3604 and shall be subject to the
  6. 6  remedies under section 3610 for all violations stem-
  7. 7  ming from the employer’s own foreign labor con-
  8. 8  tracting activity.
  9. 9  (b) NOTIFICATION.—
  10. 10  (1) ANNUAL EMPLOYER NOTIFICATION.—Each
  11. 11  employer shall notify the Secretary, not less fre-
  12. 12  quently than once every year, of the identity of any
  13. 13  foreign labor contractor involved in any foreign labor
  14. 14  contracting activity for, or on behalf of, the em-
  15. 15  ployer, including at a minimum, the name and ad-
  16. 16  dress of the foreign labor contractor and a descrip-
  17. 17  tion of the services.
  18. 18  (2) ANNUAL FOREIGN LABOR CONTRACTOR NO-
  19. 19  TIFICATION.—Each foreign labor contractor shall
  20. 20  notify the Secretary, not less frequently than once
  21. 21  every year, of the identity of any subcontractee,
  22. 22  agent, or foreign labor contractor employee involved
  23. 23  in any foreign labor contracting activity for, or on
  24. 24  behalf of, the foreign labor contractor.

EAS13500 S.L.C. 587

  1. 1  (3) NONCOMPLIANCE NOTIFICATION.—An em-
  2. 2  ployer shall notify the Secretary of the identity of a
  3. 3  foreign labor contractor whose activities do not com-
  4. 4  ply with this subtitle.
  5. 5  (4) AGREEMENT.—Not later than 48 hours
  6. 6  after receiving a request from the Secretary, an em-
  7. 7  ployer shall provide the Secretary with the identity
  8. 8  of any foreign labor contractor with which the em-
  9. 9  ployer has a contract or other agreement.
  10. 10  (c) REGULATIONS.—Not later than 180 days after
  11. 11  the date of the enactment of this Act, the Secretary shall
  12. 12  promulgate regulations to establish an efficient electronic
  13. 13  process for the timely investigation and approval of an ap-
  14. 14  plication for a certificate of registration of foreign labor
  15. 15  contractors, including—
  16. 16  (1) a declaration, subscribed and sworn to by
  17. 17  the applicant, stating the applicant’s permanent
  18. 18  place of residence, the foreign labor contracting ac-
  19. 19  tivities for which the certificate is requested, and
  20. 20  such other relevant information as the Secretary
  21. 21  may require;
  22. 22  (2) a set of fingerprints of the applicant;
  23. 23  (3) an expeditious means to update registra-
  24. 24  tions and renew certificates;

EAS13500 S.L.C. 588

  1. 1  (4) providing for the consent of any foreign
  2. 2  labor recruiter to the designation by a court of the
  3. 3  Secretary as an agent available to accept service of
  4. 4  summons in any action against the applicant, if the
  5. 5  applicant has left the jurisdiction in which the action
  6. 6  is commenced, otherwise has become unavailable to
  7. 7  accept service or is subject to personal jurisdiction
  8. 8  in no State;
  9. 9  (5) providing for the consent of any foreign
  10. 10  labor recruiter to jurisdiction in the Department of
  11. 11  Labor or any state or Federal court of the United
  12. 12  States for any action brought by any aggrieved indi-
  13. 13  vidual or worker;
  14. 14  (6) providing for cooperation in any investiga-
  15. 15  tion by the Secretary or other appropriate authori-
  16. 16  ties;
  17. 17  (7) providing for consent to the forfeiture of the
  18. 18  bond for failure to cooperate with these provisions;
  19. 19  (8) providing for consent to be liable for viola-
  20. 20  tions of this subtitle by any agents or subcontractees
  21. 21  of any level in relation to the foreign labor con-
  22. 22  tracting activity of the agent or subcontractee to the
  23. 23  same extent as if the foreign labor contractor had
  24. 24  committed the violation;

EAS13500 S.L.C. 589

  1. 1  (9) providing for consultation with other appro-
  2. 2  priate Federal agencies to determine whether any
  3. 3  reason exists to deny registration to a foreign labor
  4. 4  contractor; and
  5. 5  (10) any other requirements that the Secretary
  6. 6  may prescribe.
  7. 7  (d) TERM OF REGISTRATION.—Unless suspended or
  8. 8  revoked, a certificate under this section shall be valid for
  9. 9  2 years.
  10. 10  (e) APPLICATION FEE.—
  11. 11  (1) REQUIREMENT FOR FEE.—In addition to
  12. 12  any other fees authorized by law, the Secretary shall
  13. 13  impose a fee, to be deposited in the general fund of
  14. 14  the Treasury, on a foreign labor contractor that sub-
  15. 15  mits an application for a certificate of registration
  16. 16  under this section.
  17. 17  (2) AMOUNT OF FEE.—The amount of the fee
  18. 18  required by paragraph (1) shall be set at a level that
  19. 19  the Secretary determines sufficient to cover the full
  20. 20  costs of carrying out foreign labor contract registra-
  21. 21  tion activities under this subtitle, including worker
  22. 22  education and any additional costs associated with
  23. 23  the administration of the fees collected.
  24. 24  (f) REFUSAL TO ISSUE; REVOCATION.—In accord-
  25. 25  ance with regulations promulgated by the Secretary, the

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Secretary shall refuse to issue or renew, or shall revoke and debar from eligibility to obtain a certificate of reg- istration for a period of not greater than 5 years, after notice and an opportunity for a hearing, a certificate of registration under this section if—

(1) the applicant for, or holder of, the certifi- cation has knowingly made a material misrepresen- tation in the application for such certificate;

(2) the applicant for, or holder of, the certifi- cation is not the real party in interest in the applica- tion or certificate of registration and the real party in interest—

(A) is a person who has been refused issuance or renewal of a certificate;

(B) has had a certificate revoked; or

(C) does not qualify for a certificate under this section;

(3) the applicant for, or holder of, the certifi- cation has been convicted within the preceding 5 years of —

(A) any felony under State or Federal law or crime involving robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, violation of narcotics laws, murder, rape, as- sault with intent to kill, assault which inflicts

EAS13500 S.L.C. 591

  1. 1  grievous bodily injury, prostitution, peonage, or
  2. 2  smuggling or harboring individuals who have
  3. 3  entered the United States illegally; or
  4. 4  (B) any crime relating to gambling, or to
  5. 5  the sale, distribution or possession of alcoholic
  6. 6  beverages, in connection with or incident to any
  7. 7  labor contracting activities.
  8. 8  (4) the applicant for, or holder of, the certifi-
  9. 9  cation has materially failed to comply with this sec-
  10. 10  tion.
  11. 11  (g) RE-REGISTRATION OF VIOLATORS.—The Sec-
  12. 12  retary shall establish a procedure by which a foreign labor
  13. 13  contractor that has had its registration revoked under sub-
  14. 14  section (f) may seek to re-register under this subsection
  15. 15  by demonstrating to the Secretary’s satisfaction that the
  16. 16  foreign labor contractor has not violated this subtitle in
  17. 17  the previous 5 years and that the foreign labor contractor
  18. 18  has taken sufficient steps to prevent future violations of
  19. 19  this subtitle.
  20. 20  SEC. 3606. BONDING REQUIREMENT.
  21. 21  (a) IN GENERAL.—The Secretary shall require a for-
  22. 22  eign labor contractor to post a bond in an amount suffi-
  23. 23  cient to ensure the ability of the foreign labor contractor
  24. 24  to discharge its responsibilities and to ensure protection
  25. 25  of workers, including wages.

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(b) REGULATIONS.—The Secretary, by regulation, shall establish the conditions under which the bond amount is determined, paid, and forfeited.

(c) RELATIONSHIP TO OTHER REMEDIES.—The bond requirements and forfeiture of the bond under this section shall be in addition to other remedies under 3610 or any other law.

SEC. 3607. MAINTENANCE OF LISTS.

(a) IN GENERAL.—The Secretary shall maintain— (1) a list of all foreign labor contractors reg-

istered under this subsection, including—
(A) the countries from which the contrac-

tors recruit;
(B) the employers for whom the contrac-

tors recruit;
(C) the visa categories and occupations for

which the contractors recruit; and
(D) the States where recruited workers are

employed; and

(2) a list of all foreign labor contractors whose certificate of registration the Secretary has revoked. (b) UPDATES; AVAILABILITY.—The Secretary shall—

(1) update the lists required by subsection (a) on an ongoing basis, not less frequently than every 6 months; and

EAS13500 S.L.C. 593

  1. 1  (2) make such lists publicly available, including
  2. 2  through continuous publication on Internet websites
  3. 3  and in written form at and on the websites of
  4. 4  United States embassies in the official language of
  5. 5  that country.
  6. 6  (c) INTER-AGENCY AVAILABILITY.—The Secretary
  7. 7  shall share the information described in subsection (a)
  8. 8  with the Secretary of State
  9. 9  SEC. 3608. AMENDMENT TO THE IMMIGRATION AND NA-
  10. 10  TIONALITY ACT.
  11. 11  Section 214 (8 U.S.C. 1184) is amended by adding
  12. 12  at the end the following:
  13. 13  ‘‘(s) A visa shall not be issued under the subpara-
  14. 14  graph (A)(iii), (B)(i) (but only for domestic servants de-
  15. 15  scribed in clause (i) or (ii) of section 274a.12(c)(17) of
  16. 16  title 8, Code of Federal Regulations (as in effect on De-
  17. 17  cember 4, 2007)), (G)(v), (H), (J), (L), (Q), (R) or add
  18. 18  any new immigration subsections of section 101(a)(15)
  19. 19  until the consular officer—
  20. 20  ‘‘(1) has provided to and reviewed with the ap-
  21. 21  plicant, in the applicant’s language (or a language
  22. 22  the applicant understands), a copy of the informa-
  23. 23  tion and resources pamphlet required by section 202
  24. 24  of the William Wilberforce Trafficking Victims Pro-

EAS13500 S.L.C. 594

  1. 1  tection Reauthorization Act of 2008 (8 U.S.C.
  2. 2  1375b) ; and
  3. 3  ‘‘(2) has reviewed and made a part of the visa
  4. 4  file the foreign labor recruiter disclosures required
  5. 5  by section 3602 of the Border Security, Economic
  6. 6  Opportunity, and Immigration Modernization Act,
  7. 7  including whether the foreign labor recruiter is reg-
  8. 8  istered pursuant to that section.’’.
  9. 9  SEC. 3609. RESPONSIBILITIES OF SECRETARY OF STATE.
  10. 10  (a) IN GENERAL.—The Secretary of State shall en-
  11. 11  sure that each United States diplomatic mission has a per-
  12. 12  son who shall be responsible for receiving information
  13. 13  from any worker who has been subject to violations of this
  14. 14  subtitle.
  15. 15  (b) PROVISION OF INFORMATION.—The responsible
  16. 16  person referred to in subsection (a) shall ensure that the
  17. 17  information received is provided to the Department of Jus-
  18. 18  tice, the Department of Labor, or any other relevant Fed-
  19. 19  eral agency.
  20. 20  (c) MECHANISMS.—The Attorney General and the
  21. 21  Secretary shall ensure that there is a mechanism for any
  22. 22  actions that need to be taken in response to information
  23. 23  received under subsection (a).
  24. 24  (d) ASSISTANCE FROM FOREIGN GOVERNMENT.—
  25. 25  The person designated for receiving information pursuant

EAS13500 S.L.C. 595

  1. 1  to this subsection is strongly encouraged to coordinate
  2. 2  with governments and civil society organizations in the
  3. 3  countries of origin to ensure the worker receives additional
  4. 4  support.
  5. 5  (e) MAINTENANCE AND AVAILABILITY OF INFORMA-
  6. 6  TION.—The Secretary of State shall ensure that con-
  7. 7  sulates maintain information regarding the identities of
  8. 8  foreign labor contractors and the employers to whom the
  9. 9  foreign labor contractors supply workers. The Secretary
  10. 10  of State shall make such information publically available
  11. 11  in written form and on-line, including on the websites of
  12. 12  United States embassies in the official language of that
  13. 13  country.
  14. 14  (f) ANNUAL PUBLIC DISCLOSE.—The Secretary of
  15. 15  State shall make publically available on-line, on an annual
  16. 16  basis, data disclosing the gender, country of origin and
  17. 17  state, if available, date of birth, wage, level of training,
  18. 18  and occupation category, disaggregated by job and by visa
  19. 19  category.
  20. 20  SEC. 3610. ENFORCEMENT PROVISIONS.
  21. 21  (a) COMPLAINTS AND INVESTIGATIONS.—The Sec-
  22. 22  retary—
  23. 23  (1) shall establish a process for the receipt, in-
  24. 24  vestigation, and disposition of complaints filed by
  25. 25  any person, including complaints respecting a for-

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eign labor contractor’s compliance with this subtitle; and

(2) either pursuant to the process required by paragraph (1) or otherwise, may investigate employ- ers or foreign labor contractors, including actions oc- curring in a foreign country, as necessary to deter- mine compliance with this subtitle.
(b) ADMINISTRATIVE ENFORCEMENT.—

(1) IN GENERAL.—If the Secretary finds, after notice and an opportunity for a hearing, any foreign labor contractor or employer failed to comply with any of the requirements of this subtitle, the Sec- retary may impose the following against such con- tractor or employer—

(A) a fine in an amount not more than $10,000 per violation; and

(B) upon the occasion of a third violation or a failure to comply with representations, a fine of not more than $25,000 per violation.

(c) AUTHORITY TO ENSURE COMPLIANCE.—The Sec- retary is authorized to take other such actions, including issuing subpoenas and seeking appropriate injunctive re- lief and recovery of damages, as may be necessary to as- sure compliance with the terms and conditions of this sub- title.

EAS13500 S.L.C. 597

  1. 1  (d) BONDING.—Pursuant to the bonding requirement
  2. 2  in section 3606, bond liquidation and forfeitures shall be
  3. 3  in addition to other remedies under this section or any
  4. 4  other law.
  5. 5  (e) CIVIL ACTION.—
  6. 6  (1) IN GENERAL.—The Secretary or any person
  7. 7  aggrieved by a violation of this subtitle may bring a
  8. 8  civil action against any foreign labor contractor or
  9. 9  employer that does not meet the requirements of
  10. 10  section (f)(2) in any court of competent jurisdic-
  11. 11  tion—
  12. 12  (A) to seek remedial action, including in-
  13. 13  junctive relief;
  14. 14  (B) to recover damages on behalf of any
  15. 15  worker harmed by a violation of this subsection;
  16. 16  and,
  17. 17  (C) to ensure compliance with require-
  18. 18  ments of this section.
  19. 19  (2) ACTIONS BY THE SECRETARY OF LABOR.—
  20. 20  (A) SUMS RECOVERED.—Any sums recov-
  21. 21  ered by the Secretary on behalf of a worker
  22. 22  under paragraph (1) or through liquidation of
  23. 23  the bond held pursuant to section 3606 shall be
  24. 24  held in a special deposit account and shall be
  25. 25  paid, on order of the Secretary, directly to each

EAS13500 S.L.C. 598

  1. 1  worker affected. Any such sums not paid to a
  2. 2  worker because of inability to do so within a pe-
  3. 3  riod of 5 years shall be credited as an offsetting
  4. 4  collection to the appropriations account of the
  5. 5  Secretary for expenses for the administration of
  6. 6  this section and shall remain available to the
  7. 7  Secretary until expended or may be used for en-
  8. 8  forcement of the laws within the jurisdiction of
  9. 9  the wage and hour division or may be trans-
  10. 10  ferred to the Secretary of Health and Human
  11. 11  Services for the purpose of providing support to
  12. 12  programs that provide assistance to victims of
  13. 13  trafficking in persons or other exploited per-
  14. 14  sons. The Secretary shall work with any attor-
  15. 15  ney or organization representing workers to lo-
  16. 16  cate workers owed sums under this section.
  17. 17  (B) REPRESENTATION.—Except as pro-
  18. 18  vided in section 518(a) of title 28, United
  19. 19  States Code, the Solicitor of Labor may appear
  20. 20  for and represent the Secretary in any civil liti-
  21. 21  gation brought under this paragraph. All such
  22. 22  litigation shall be subject to the direction and
  23. 23  control of the Attorney General.
  24. 24  (3) ACTIONS BY INDIVIDUALS.—

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(A) AWARD.—If the court finds in a civil action filed by an individual under this section that the defendant has violated any provision of this subtitle (or any regulation issued pursuant to this subtitle), the court may award—

(i) damages, up to and including an amount equal to the amount of actual damages, and statutory damages of up to $1,000 per plaintiff per violation, or other equitable relief, except that with respect to statutory damages—

(I) multiple infractions of a sin- gle provision of this subtitle (or of a regulation under this subtitles) shall constitute only 1 violation for pur- poses of section 3602(a) to determine the amount of statutory damages due a plaintiff; and

(II) if such complaint is certified as a class action the court may award—

(aa) damages up to an amount equal to the amount of actual damages; and

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(bb) statutory damages of no more than the lesser of up to $1,000 per class member per vio- lation, or up to $500,000; and other equitable relief;

(ii) reasonable attorneys’ fees and costs; and

(iii) such other and further relief, in- cluding declaratory and injunctive relief, as necessary to effectuate the purposes of this subtitle.
(B) CRITERIA.—In determining the

amount of statutory damages to be awarded under subparagraph (A), the court is author- ized to consider whether an attempt was made to resolve the issues in dispute before the resort to litigation.

(C) BOND.—To satisfy the damages, fees, and costs found owing under this clause, the Secretary shall release as much of the bond held pursuant to section 3606 as necessary.

(D) APPEAL.—Any civil action brought under this section shall be subject to appeal as provided in chapter 83 of title 28, United States Code (28 U.S.C. 1291 et seq.).

EAS13500 S.L.C. 601

  1. 1  (E) ACCESS TO LEGAL SERVICES COR-
  2. 2  PORATION.—Notwithstanding any other provi-
  3. 3  sion of law, the Legal Services Corporation and
  4. 4  recipients of its funding may provide legal as-
  5. 5  sistance on behalf of any alien with respect to
  6. 6  any provision of this subtitle.
  7. 7  (f) AGENCY LIABILITY.—
  8. 8  (1) IN GENERAL.—Beginning 180 days after
  9. 9  the Secretary of Labor has promulgated regulations
  10. 10  pursuant to section 3605(c), an employer who re-
  11. 11  tains the services of a foreign labor contractor shall
  12. 12  only use those foreign labor contractors who are reg-
  13. 13  istered under section 3605. An employer who uses a
  14. 14  foreign labor contractor who is not registered under
  15. 15  section 3605 after such time period, or who uses a
  16. 16  foreign labor contractor that has violated any provi-
  17. 17  sion of this subsection, shall be subject to the provi-
  18. 18  sions of this subsection for violations committed by
  19. 19  such foreign labor contractor to the same extent as
  20. 20  if the employer were the foreign labor contractor
  21. 21  who had committed the violation.
  22. 22  (2) SAFE HARBOR.—An employer shall not have
  23. 23  any liability under this section if the employer hires
  24. 24  workers referred by a foreign labor contractor that
  25. 25  has a valid registration with the Department of

EAS13500 S.L.C. 602

  1. 1  Labor pursuant to section 3605, the employer does
  2. 2  not act with reckless disregard of the fact that the
  3. 3  foreign labor contractor has violated any provision of
  4. 4  this section, and if the employer obtained knowledge
  5. 5  of a violation of the provisions of this section, it im-
  6. 6  mediately reported the violation to the Secretary.
  7. 7  (3) LIABILITY FOR AGENTS.—Foreign labor
  8. 8  contractors shall be subject to the provisions of this
  9. 9  section for violations committed by the foreign labor
  10. 10  contractor’s agents or subcontractees of any level in
  11. 11  relation to their foreign labor contracting activity to
  12. 12  the same extent as if the foreign labor contractor
  13. 13  had committed the violation.
  14. 14  (g) RETALIATION.—
  15. 15  (1) IN GENERAL.—No person shall intimidate,
  16. 16  threaten, restrain, coerce, discharge or in any other
  17. 17  manner discriminate or retaliate against any worker
  18. 18  or their family members (including a former em-
  19. 19  ployee or an applicant for employment) because such
  20. 20  worker disclosed information to any person that the
  21. 21  worker reasonably believes evidences a violation of
  22. 22  this section (or any rule or regulation pertaining to
  23. 23  this section), including seeking legal assistance of
  24. 24  counsel or cooperating with an investigation or other

EAS13500 S.L.C. 603

  1. 1  proceeding concerning compliance with this section
  2. 2  (or any rule or regulation pertaining to this section).
  3. 3  (2) ENFORCEMENT.—An individual who is sub-
  4. 4  ject to any conduct described in paragraph (1) may,
  5. 5  in a civil action, recover appropriate relief, including
  6. 6  reasonable attorneys’ fees and costs, with respect to
  7. 7  that violation. Any civil action under this subpara-
  8. 8  graph shall be stayed during the pendency of any
  9. 9  criminal action arising out of the violation.
  10. 10  (h) WAIVER OF RIGHTS.—Agreements by employees
  11. 11  purporting to waive or to modify their rights under this
  12. 12  subtitle shall be void as contrary to public policy.
  13. 13  (i) PRESENCE DURING PENDENCY OF ACTIONS.—
  14. 14  (1) IN GENERAL.—If other immigration relief is
  15. 15  not available, the Attorney General and the Sec-
  16. 16  retary of Homeland Security shall grant advance pa-
  17. 17  role to permit a nonimmigrant to remain legally in
  18. 18  the United States for time sufficient to fully and ef-
  19. 19  fectively participate in all legal proceedings related
  20. 20  to any action taken pursuant to this section.
  21. 21  (2) REGULATIONS.—Not later than 180 days
  22. 22  after the date of the enactment of this Act, the Sec-
  23. 23  retary shall promulgate regulations to carry out
  24. 24  paragraph (1).

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SEC. 3611. RULE OF CONSTRUCTION.

Nothing in this subtitle shall be construed to preempt or alter any other rights or remedies, including any causes of action, available under any other Federal or State law. SEC. 3612. REGULATIONS.

The Secretary shall prescribe such regulations as may be necessary to carry out this subtitle.

Subtitle G—Interior Enforcement SEC. 3701. CRIMINAL STREET GANGS.

(a) INADMISSIBILITY.—Section 212(a)(2) (8 U.S.C. 1182(a)(2)) is amended—

(1) by redesignating subparagraph (F) as sub- paragraph (L); and

(2) by inserting after subparagraph (E) the fol- lowing:

‘‘(F) ALIENS IN CRIMINAL STREET GANGS.—

‘‘(i) IN GENERAL.—Any alien is inad- missible—

‘‘(I) who has been convicted of an offense for which an element was active participation in a criminal street gang (as defined in section 521(a) of title 18, United States Code) and the alien—

EAS13500 S.L.C. 605

  1. 1  ‘‘(aa) had knowledge that
  2. 2  the gang’s members engaged in
  3. 3  or have engaged in a continuing
  4. 4  series of offenses described in
  5. 5  section 521(c) of title 18, United
  6. 6  States Code; and
  7. 7  ‘‘(bb) acted with the inten-
  8. 8  tion to promote or further the fe-
  9. 9  lonious activities of the criminal
  10. 10  street gang or maintain or in-
  11. 11  crease his or her position in the
  12. 12  gang; or
  13. 13  ‘‘(II) subject to clause (ii), who is
  14. 14  18 years of age or older, who is phys-
  15. 15  ically present outside the United
  16. 16  States, whom the Secretary deter-
  17. 17  mines by clear and convincing evi-
  18. 18  dence, based upon law enforcement in-
  19. 19  formation deemed credible by the Sec-
  20. 20  retary, has, since the age of 18, know-
  21. 21  ingly and willingly participated in a
  22. 22  criminal street gang with knowledge
  23. 23  that such participation promoted or
  24. 24  furthered the illegal activity of the
  25. 25  gang.

EAS13500 S.L.C. 606

  1. 1  ‘‘(ii) WAIVER.—The Secretary may
  2. 2  waive clause (i)(II) if the alien has re-
  3. 3  nounced all association with the criminal
  4. 4  street gang, is otherwise admissible, and is
  5. 5  not a threat to the security of the United
  6. 6  States.’’.
  7. 7  (b) GROUNDS FOR DEPORTATION.—Section
  8. 8  237(a)(2) (8 U.S.C. 1227(a)(2)) is amended by adding at
  9. 9  the end the following:
  10. 10  ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL
  11. 11  STREET GANGS.—Any alien is removable who
  12. 12  has been convicted of an offense for which an
  13. 13  element was active participation in a criminal
  14. 14  street gang (as defined in section 521(a) of title
  15. 15  18, United States Code), and the alien—
  16. 16  ‘‘(i) had knowledge that the gang’s
  17. 17  members engaged in or have engaged in a
  18. 18  continuing series of offenses described in
  19. 19  section 521(c) of title 18, United States
  20. 20  Code; and
  21. 21  ‘‘(ii) acted with the intention to pro-
  22. 22  mote or further the felonious activities the
  23. 23  criminal street gang or increase his or her
  24. 24  position in such gang.’’.

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(c) GROUND OF INELIGIBILITY FOR REGISTERED PROVISIONAL IMMIGRANT STATUS.—

(1) IN GENERAL.—An alien who is 18 years of age or older is ineligible for registered provisional immigrant status if the Secretary determines that the alien—

(A) has been convicted of an offense for which an element was active participation in a criminal street gang (as defined in section 521(a) of title 18, United States Code and the alien—

(i) had knowledge that the gang’s members engaged in or have engaged in a continuing series of offenses described in section 521(c) of title 18, United States Code; and

(ii) acted with the intention to pro- mote or further the felonious activities of the criminal street gang or maintain or in- crease his or her position in such gang; or (B) subject to paragraph (2), any alien is 18 years of age or older whom the Sec-

who
retary determines by clear and convincing evi- dence, based upon law enforcement information deemed credible by the Secretary, has, since the

EAS13500 S.L.C. 608

  1. 1  age of 18, knowingly and willingly participated
  2. 2  in a such gang with knowledge that such par-
  3. 3  ticipation promoted or furthered the illegal ac-
  4. 4  tivity of such gang.
  5. 5  (2) WAIVER.—The Secretary may waive this
  6. 6  paragraph (1)(B) if the alien has renounced all asso-
  7. 7  ciation with the criminal street gang, is otherwise
  8. 8  admissible, and is not a threat to the security of the
  9. 9  United States.
  10. 10  SEC. 3702. BANNING HABITUAL DRUNK DRIVERS FROM THE
  11. 11  UNITED STATES.
  12. 12  (a) GROUNDS FOR INADMISSIBILITY.—Section
  13. 13  212(a)(2) (8 U.S.C. 1182), as amended by section 3401,
  14. 14  is further amended by inserting after subparagraph (I) the
  15. 15  following:
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‘‘(J) HABITUAL DRUNK DRIVERS.—An alien convicted of 3 or more offenses on sepa- rate dates, at least 1 of which occurred after the date of the enactment of the Border Secu- rity, Economic Opportunity, and Immigration Modernization Act, related to driving under the influence or driving while intoxicated is inadmissable.’’.

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(b) GROUNDS FOR DEPORTATION.—Section 237(a)(2) (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following:

‘‘(G) HABITUAL DRUNK DRIVERS.—An alien convicted of 3 or more offenses on sepa- rate dates related to driving under the influence or driving while intoxicated is deportable.’’.

SEC. 3703. SEXUAL ABUSE OF A MINOR.

Section 101(a)(43)(A) (8 U.S.C. 1101(a)(43)(A)) is amended by striking ‘‘murder, rape, or sexual abuse of a minor;’’ and inserting ‘‘murder, rape, or sexual abuse of a minor, whether or not the minority of the victim is established by evidence contained in the record of convic- tion or by credible evidence extrinsic to the record of con- viction;’’;
SEC. 3704. ILLEGAL ENTRY.

(a) IN GENERAL.—Section 275 (8 U.S.C. 1325) is amended to read as follows:
‘‘SEC. 275. ILLEGAL ENTRY.

‘‘(a) IN GENERAL.—
‘‘(1) CRIMINAL OFFENSES.—An alien shall be

subject to the penalties set forth in paragraph (2) if the alien—

‘‘(A) enters or crosses the border into the United States at any time or place other than

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  1. 1  as designated by the Secretary of Homeland Se-
  2. 2  curity;
  3. 3  ‘‘(B) eludes examination or inspection by
  4. 4  an immigration officer, or a customs or agri-
  5. 5  culture inspection at a port of entry; or
  6. 6  ‘‘(C) enters or crosses the border to the
  7. 7  United States by means of a knowingly false or
  8. 8  misleading representation or the concealment of
  9. 9  a material fact.
  10. 10  ‘‘(2) CRIMINAL PENALTIES.—Any alien who
  11. 11  violates any provision under paragraph (1)—
  12. 12  ‘‘(A) shall, for the first violation, be fined
  13. 13  under title 18, United States Code, imprisoned
  14. 14  not more than 12 months, or both;
  15. 15  ‘‘(B) shall, for a second or subsequent vio-
  16. 16  lation, or following an order of voluntary depar-
  17. 17  ture, be fined under such title, imprisoned not
  18. 18  more than 3 years, or both;
  19. 19  ‘‘(C) if the violation occurred after the
  20. 20  alien had been convicted of 3 or more mis-
  21. 21  demeanors with the convictions occurring on
  22. 22  different dates or of a felony for which the alien
  23. 23  served a term of imprisonment of 15 days or
  24. 24  more, shall be fined under such title, impris-
  25. 25  oned not more than 10 years, or both; and

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‘‘(D) if the violation occurred after the alien had been convicted of a felony for which the alien was sentenced to a term of imprison- ment of not less than 30 months,

shall be fined under such title, imprisoned not more than 15 years, or both.

‘‘(3) PRIOR CONVICTIONS.—The prior convic- tions described in subparagraphs (C) and (D) of paragraph (2) are elements of the offenses described in that paragraph and the penalties in such subpara- graphs shall apply only in cases in which the convic- tion or convictions that form the basis for the addi- tional penalty are—

‘‘(A) alleged in the indictment or informa- tion; and

‘‘(B) proven beyond a reasonable doubt at trial or admitted by the defendant under oath as part of a plea agreement.

‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN- ALTIES.—Any alien older than 18 years of age who is ap- prehended while knowingly entering, attempting to enter, or crossing or attempting to cross the border to the United States at a time or place other than as designated by im- migration officers shall be subject to a civil penalty, in addition to any criminal or other civil penalties that may

EAS13500 S.L.C. 612

  1. 1  be imposed under any other provision of law, in an amount
  2. 2  equal to—
  3. 3  ‘‘(1) not less than $250 or more than $5000 for
  4. 4  each such entry, crossing, attempted entry, or at-
  5. 5  tempted crossing; or
  6. 6  ‘‘(2) twice the amount specified in paragraph
  7. 7  (1) if the alien had previously been subject to a civil
  8. 8  penalty under this subsection.’’.
  9. 9  (b) CLERICAL AMENDMENT.—The table of contents
  10. 10  is amended by striking the item relating to section 275
  11. 11  and inserting the following:‘‘Sec. 275. Illegal entry.’’.
  12. 12  (c) EFFECTIVE DATE.—The amendments made by
  13. 13  this section shall take effect one year after the date of
  14. 14  the enactment of this Act.
  15. 15  SEC. 3705. REENTRY OF REMOVED ALIEN.
  16. 16  Section 276 (8 U.S.C. 1326) is amended to read as
  17. 17  follows:
  18. 18  ‘‘SEC. 276. REENTRY OF REMOVED ALIEN.
  19. 19  ‘‘(a) REENTRY AFTER REMOVAL.—Any alien who
  20. 20  has been denied admission, excluded, deported, or re-
  21. 21  moved, or who has departed the United States while an
  22. 22  order of exclusion, deportation, or removal is outstanding,
  23. 23  and subsequently enters, attempts to enter, crosses the
  24. 24  border to, attempts to cross the border to, or is at any
  25. 25  time found in the United States, shall be fined under title

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  1. 1  18, United States Code, and imprisoned not more than
  2. 2  2 years.
  3. 3  ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.—Not-
  4. 4  withstanding the penalty provided in subsection (a), if an
  5. 5  alien described in that subsection—
  6. 6  ‘‘(1) was convicted for 3 or more misdemeanors,
  7. 7  with the convictions occurring on different dates, be-
  8. 8  fore such removal or departure, the alien shall be
  9. 9  fined under title 18, United States Code, and im-
  10. 10  prisoned not more than 10 years, or both;
  11. 11  ‘‘(2) was convicted for a felony before such re-
  12. 12  moval or departure for which the alien was sen-
  13. 13  tenced to a term of imprisonment of not less than
  14. 14  30 months, the alien shall be fined under such title,
  15. 15  and imprisoned not more than 15 years, or both;
  16. 16  ‘‘(3) was convicted for a felony before such re-
  17. 17  moval or departure for which the alien was sen-
  18. 18  tenced to a term of imprisonment of not less than
  19. 19  60 months, the alien shall be fined under such title,
  20. 20  and imprisoned not more than 20 years, or both;
  21. 21  ‘‘(4) was convicted for 3 felonies, with the con-
  22. 22  victions occurring on different dates before such re-
  23. 23  moval or departure, the alien shall be fined under
  24. 24  such title, and imprisoned not more than 20 years,
  25. 25  or both; or

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‘‘(5) was convicted, before such removal or de- parture, for murder, rape, kidnapping, or a felony offense described in chapter 77 (relating to peonage and slavery) or 113B (relating to terrorism) of such title, the alien shall be fined under such title, and imprisoned not more than 20 years, or both.
‘‘(c) REENTRY AFTER REPEATED REMOVAL.—Any

alien who has been denied admission, excluded, deported, or removed 3 or more times and thereafter enters, at- tempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, and im- prisoned not more than 10 years, or both.

‘‘(d) PROOF OF PRIOR CONVICTIONS.—The prior convictions described in subsection (b) are elements of the offenses described in that subsection, and the penalties in such subsection shall apply only in cases in which the con- viction or convictions that form the basis for the additional penalty are—

‘‘(1) alleged in the indictment or information; and

‘‘(2) proven beyond a reasonable doubt at trial or admitted by the defendant under oath as part of a plea agreement.

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‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an af- firmative defense to a violation of this section that—

‘‘(1) prior to the alleged violation, the alien had sought and received the express consent of the Sec- retary of Homeland Security to reapply for admis- sion into the United States; or

‘‘(2) at the time of the prior exclusion, deporta- tion, removal, or denial of admission alleged in the violation, the alien had not yet reached 18 years of age and had not been convicted of a crime or adju- dicated a delinquent minor by a court of the United States, or a court of a state or territory, for conduct that would constitute a felony if committed by an adult.
‘‘(f) LIMITATION ON COLLATERAL ATTACK ON UN-

DERLYING DEPORTATION ORDER.—In a criminal pro- ceeding under this section, an alien may not challenge the validity of the deportation order described in subsection (a) or subsection (c) unless the alien demonstrates that—

‘‘(1) the alien exhausted any administrative remedies that may have been available to seek relief against the order;

‘‘(2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and

EAS13500 S.L.C. 616

  1. 1  ‘‘(3) the entry of the order was fundamentally
  2. 2  unfair.
  3. 3  ‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO COM-
  4. 4  PLETION OF TERM OF IMPRISONMENT.—Any alien re-
  5. 5  moved pursuant to section 241(a)(4) who enters, attempts
  6. 6  to enter, crosses the border to, attempts to cross the bor-
  7. 7  der to, or is at any time found in, the United States shall
  8. 8  be incarcerated for the remainder of the sentence of im-
  9. 9  prisonment which was pending at the time of deportation
  10. 10  without any reduction for parole or supervised release un-
  11. 11  less the alien affirmatively demonstrates that the Sec-
  12. 12  retary of Homeland Security has expressly consented to
  13. 13  the alien’s reentry or the alien is prima facie eligible for
  14. 14  protection from removal. Such alien shall be subject to
  15. 15  such other penalties relating to the reentry of removed
  16. 16  aliens as may be available under this section or any other
  17. 17  provision of law.
  18. 18  ‘‘(h) LIMITATION.—It is not aiding and abetting a
  19. 19  violation of this section for an individual to provide an
  20. 20  alien with emergency humanitarian assistance, including
  21. 21  emergency medical care and food, or to transport the alien
  22. 22  to a location where such assistance can be rendered with-
  23. 23  out compensation or the expectation of compensation.
  24. 24  ‘‘(i) DEFINITIONS.—In this section:

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‘‘(1) FELONY.—The term ‘felony’ means any criminal offense punishable by a term of imprison- ment of more than 1 year under the laws of the United States, any State, or a foreign government.

‘‘(2) MISDEMEANOR.—The term ‘misdemeanor’ means any criminal offense punishable by a term of imprisonment of not more than 1 year under the ap- plicable laws of the United States, any State, or a foreign government.

‘‘(3) REMOVAL.—The term ‘removal’ includes any denial of admission, exclusion, deportation, or removal, or any agreement by which an alien stipu- lates or agrees to exclusion, deportation, or removal.

‘‘(4) STATE.—The term ‘State’ means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.’’.

SEC. 3706. PENALTIES RELATED TO REMOVAL.

(a) PENALTIES RELATING TO VESSELS AND AIR- CRAFT.—Section 243(c) (8 U.S.C. 1253(c)) is amended— (1) by striking ‘‘Attorney General’’ each place such term appears and inserting ‘‘Secretary of

Homeland Security’’; and

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(2) by striking ‘‘Commissioner’’ each place such term appears and inserting ‘‘Secretary of Homeland Security’’; and

(3) in paragraph (1)—
(A) in subparagraph (A), by striking

‘‘$2,000’’ and inserting ‘‘$5,000’’;
(B) in subparagraph (B), by striking

‘‘$5,000’’ and inserting ‘‘$10,000’’;
(C) by amending paragraph (1)(C) to read

as follows:
‘‘(C) COMPROMISE.—The Secretary of

Homeland Security, in the Secretary’s unreviewable discretion and upon the receipt of a written request, may mitigate the monetary penalties required under this subsection for each alien stowaway to an amount equal to not less than $2,000, upon such terms that the Sec- retary determines to be appropriate.’’; and

(D) by inserting at the end the following:

‘‘(D) EXCEPTION.—A person, acting with- out compensation or the expectation of com- pensation, is not subject to penalties under this paragraph if the person is—

‘‘(i) providing, or attempting to pro- vide, an alien with humanitarian assist-

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ance, including emergency medical care or food or water; or

‘‘(ii) transporting the alien to a loca- tion where such humanitarian assistance can be rendered without compensation or the expectation of compensation.’’.

SEC. 3707. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.

(a) TRAFFICKING IN PASSPORTS.—Section 1541 of title 18, United States Code, is amended to read as fol- lows:
‘‘§ 1541. Trafficking in passports

‘‘(a) MULTIPLE PASSPORTS.—Subject to subsection (b), any person who, during any period of 3 years or less, knowingly—

‘‘(1) and without lawful authority produces, issues, or transfers 3 or more passports;

‘‘(2) forges, counterfeits, alters, or falsely makes 3 or more passports;

‘‘(3) secures, possesses, uses, receives, buys, sells, or distributes 3 or more passports, knowing the passports to be forged, counterfeited, altered, falsely made, stolen, procured by fraud, or produced or issued without lawful authority; or

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‘‘(4) completes, mails, prepares, presents, signs, or submits 3 or more applications for a United States passport, knowing the applications to contain any materially false statement or representation,

shall be fined under this title, imprisoned not more than 20 years, or both.

‘‘(b) USE IN A TERRORISM OFFENSE.—Any person who commits an offense described in subsection (a) to fa- cilitate an act of international terrorism (as defined in sec- tion 2331) shall be fined under this title, imprisoned not more than 25 years, or both.

‘‘(c) PASSPORT MATERIALS.—Any person who know- ingly and without lawful authority produces, buys, sells, possesses, or uses any official material (or counterfeit of any official material) used to make 10 or more passports, including any distinctive paper, seal, hologram, image, text, symbol, stamp, engraving, or plate, shall be fined under this title, imprisoned not more than 20 years, or both.’’.

(b) FALSE STATEMENT IN AN APPLICATION FOR A PASSPORTS.—Section 1542 of title 18, United States Code, is amended to read as follows:

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‘‘§1542. False statement in an application for a pass- port

‘‘(a) IN GENERAL.—Any person who knowingly makes any material false statement or representation in an application for a United States passport, or mails, pre- pares, presents, or signs an application for a United States passport knowing the application to contain any material false statement or representation, shall be fined under this title, imprisoned not more than 25 years (if the offense was committed to facilitate an act of inter- national terrorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in section 929(a) of this title)), or 15 years (in the case of any other offense) or both.

‘‘(b) VENUE.—
‘‘(1) IN GENERAL.—An offense under sub-

section (a) may be prosecuted in any district—
‘‘(A) in which the false statement or rep- resentation was made or the application for a United States passport was prepared or signed;

or
‘‘(B) in which or to which the application

was mailed or presented.

‘‘(2) OFFENSES OUTSIDE THE UNITED STATES.—An offense under subsection (a) involving

EAS13500 S.L.C. 622

  1. 1  an application prepared and adjudicated outside the
  2. 2  United States may be prosecuted in the district in
  3. 3  which the resultant passport was or would have been
  4. 4  produced.
  5. 5  ‘‘(c) SAVINGS CLAUSE.—Nothing in this section may
  6. 6  be construed to limit the venue otherwise available under
  7. 7  sections 3237 and 3238 of this title.’’.
  8. 8  (c) MISUSE OF A PASSPORT.—Section 1544 of title
  9. 9  18, United States Code, is amended to read as follows:
  10. 10  ‘‘§ 1544. Misuse of a passport
  11. 11  ‘‘Any person who knowingly—
  12. 12  ‘‘(1) misuses for their own purposes any pass-
  13. 13  port issued or designed for the use of another;
  14. 14  ‘‘(2) uses any passport in violation of the laws,
  15. 15  regulations, or rules governing the issuance and use
  16. 16  of the passport;
  17. 17  ‘‘(3) secures, possesses, uses, receives, buys,
  18. 18  sells, or distributes any passport knowing the pass-
  19. 19  port to be forged, counterfeited, altered, falsely
  20. 20  made, procured by fraud, or produced or issued
  21. 21  without lawful authority; or
  22. 22  ‘‘(4) substantially violates the terms and condi-
  23. 23  tions of any safe conduct duly obtained and issued
  24. 24  under the authority of the United States,

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shall be fined under this title, imprisoned not more than 25 years (if the offense was committed to facilitate an act of international terrorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to fa- cilitate a drug trafficking crime (as defined in section 929(a) of this title)) or 15 years (in the case of any other offense), or both.’’.

(d) SCHEMES TO PROVIDE FRAUDULENT IMMIGRA- TION SERVICES.—Section 1545 of title 18, United States Code, is amended to read as follows:
‘‘§1545. Schemes to provide fraudulent immigration

services

‘‘(a) IN GENERAL.—Any person who knowingly exe- cutes a scheme or artifice, in connection with any matter that is authorized by or arises under any Federal immigra- tion law or any matter the offender claims or represents is authorized by or arises under any Federal immigration law, to—

‘‘(1) defraud any person; or

‘‘(2) obtain or receive money or anything else of value from any person by means of false or fraudu- lent pretenses, representations, or promises,

shall be fined under this title, imprisoned not more than 10 years, or both.

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‘‘(b) MISREPRESENTATION.—Any person who know- ingly and falsely represents that such person is an attor- ney or an accredited representative (as that term is de- fined in section 1292.1 of title 8, Code of Federal Regula- tions (or any successor regulation)) in any matter arising under any Federal immigration law shall be fined under this title, imprisoned not more than 15 years, or both.’’.

(e) IMMIGRATION AND VISA FRAUD.—Section 1546 of title 18, United States Code, is amended—

(1) by amending the section heading to read as follows:

‘‘§ 1546. Immigration and visa fraud’’;

and

(2) by striking subsections (b) and (c) and in- serting the following:
‘‘(b) TRAFFICKING.—Any person who, during any pe-

riod of 3 years or less, knowingly—
‘‘(1) and without lawful authority produces,

issues, or transfers 3 or more immigration docu- ments;

‘‘(2) forges, counterfeits, alters, or falsely makes 3 or more immigration documents;

‘‘(3) secures, possesses, uses, buys, sells, or dis- tributes 3 or more immigration documents, knowing the immigration documents to be forged, counter-

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feited, altered, stolen, falsely made, procured by fraud, or produced or issued without lawful author- ity; or

‘‘(4) completes, mails, prepares, presents, signs, or submits 3 or more immigration documents know- ing the documents to contain any materially false statement or representation,

shall be fined under this title, imprisoned not more than 20 years, or both.

‘‘(c) IMMIGRATION DOCUMENT MATERIALS.—Any person who knowingly and without lawful authority pro- duces, buys, sells, possesses, or uses any official material (or counterfeit of any official material) used to make 10 or more immigration documents, including any distinctive paper, seal, hologram, image, text, symbol, stamp, engrav- ing, or plate, shall be fined under this title, imprisoned not more than 20 years, or both.’’.

(f) ALTERNATIVE IMPRISONMENT MAXIMUM FOR CERTAIN OFFENSES.—Section 1547 of title 18, United States Code, is amended—

(1) in the matter preceding paragraph (1), by striking ‘‘(other than an offense under section 1545)’’;

(2) in paragraph (1), by striking ‘‘15’’ and in- serting ‘‘20’’; and

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(3) in paragraph (2), by striking ‘‘20’’ and in- serting ‘‘25’’.

(g) AUTHORIZED LAW ENFORCEMENT ACTIVITIES.— Chapter 75 of title 18, United States Code, is amended by adding after section 1547 the following:
‘‘§ 1548. Authorized law enforcement activities

‘‘Nothing in this chapter may be construed to pro- hibit—

‘‘(1) any lawfully authorized investigative, pro- tective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or an intelligence agency of the United States; or

‘‘(2) any activity authorized under title V of the Organized Crime Control Act of 1970 (Public Law 91–452; 84 Stat. 933).’’.
(h) TABLE OF SECTIONS AMENDMENT.—The table

of sections for chapter 75 of title 18, United States Code,

is amended to read as follows:

‘‘Sec.
‘‘1541. Trafficking in passports.
‘‘1542. False statement in an application for a passport.
‘‘1543. Forgery or false use of a passport.
‘‘1544. Misuse of a passport.
‘‘1545. Schemes to provide fraudulent immigration services. ‘‘1546. Immigration and visa fraud.
‘‘1547. Alternative imprisonment maximum for certain offenses. ‘‘1548. Authorized law enforcement activities.’’.

EAS13500 S.L.C. 627

  1. 1  SEC. 3708. COMBATING SCHEMES TO DEFRAUD ALIENS.
  2. 2  (a) REGULATIONS, FORMS, AND PROCEDURES.—The
  3. 3  Secretary and the Attorney General, for matters within
  4. 4  their respective jurisdictions arising under the immigra-
  5. 5  tion laws, shall promulgate appropriate regulations, forms,
  6. 6  and procedures defining the circumstances in which—
  7. 7  (1) persons submitting applications, petitions,
  8. 8  motions, or other written materials relating to immi-
  9. 9  gration benefits or relief from removal under the im-
  10. 10  migration laws will be required to identify who
  11. 11  (other than immediate family members) assisted
  12. 12  them in preparing or translating the immigration
  13. 13  submissions; and
  14. 14  (2) any person or persons who received com-
  15. 15  pensation (other than a nominal fee for copying,
  16. 16  mailing, or similar services) in connection with the
  17. 17  preparation, completion, or submission of such mate-
  18. 18  rials will be required to sign the form as a preparer
  19. 19  and provide identifying information.
  20. 20  (b) CIVIL INJUNCTIONS AGAINST IMMIGRATION
  21. 21  SERVICE PROVIDER.—The Attorney General may com-
  22. 22  mence a civil action in the name of the United States to
  23. 23  enjoin any immigration service provider from further en-
  24. 24  gaging in any fraudulent conduct that substantially inter-
  25. 25  feres with the proper administration of the immigration
  26. 26  laws or who willfully misrepresents such provider’s legal

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  1. 1  authority to provide representation before the Department
  2. 2  of Justice or Department.
  3. 3  (c) DEFINITIONS.—In this section:
  4. 4  (1) IMMIGRATION LAWS.—The term ‘‘immigra-
  5. 5  tion laws’’ has the meaning given that term in sec-
  6. 6  tion 101(a)(17) of the Immigration and Nationality
  7. 7  Act (8 U.S.C. 1101(a)(17)).
  8. 8  (2) IMMIGRATION SERVICE PROVIDER.—The
  9. 9  term ‘‘immigration service provider’’ means any indi-
  10. 10  vidual or entity (other than an attorney or individual
  11. 11  otherwise authorized to provide representation in im-
  12. 12  migration proceedings as provided in Federal regula-
  13. 13  tion) who, for a fee or other compensation, provides
  14. 14  any assistance or representation to aliens in relation
  15. 15  to any filing or proceeding relating to the alien
  16. 16  which arises, or which the provider claims to arise,
  17. 17  under the immigration laws, executive order, or pres-
  18. 18  idential proclamation.
  19. 19  SEC. 3709. INADMISSIBILITY AND REMOVAL FOR PASSPORT
  20. 20  AND IMMIGRATION FRAUD OFFENSES.
  21. 21  (a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) (8
  22. 22  U.S.C. 1182(a)(2)(A)(i)) is amended—
  23. 23  (1) in subclause (I), by striking ‘‘, or’’ at the
  24. 24  end and inserting a semicolon;

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(2) in subclause (II), by striking the comma at the end and inserting ‘‘; or’’; and

(3) by inserting after subclause (II) the fol- lowing:

‘‘(III) a violation of section 1541, 1545, and subsection (b) of section 1546 of title 18, United States Code,’’.

(b) REMOVAL.—Section 237(a)(3)(B)(iii) (8 U.S.C. 1227(a)(3)(B)(iii)) is amended to read as follows:

‘‘(ii) a violation of section 1541, 1545, and subsection (b) of section 1546 of title 18, United States Code,’’.

(c) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall apply to proceedings pending on or after the date of the enactment of this Act, with respect to conduct occurring on or after that date.
SEC. 3710. DIRECTIVES RELATED TO PASSPORT AND DOCU-

MENT FRAUD.

(a) DIRECTIVE TO THE UNITED STATES SEN- TENCING COMMISSION.—

(1) IN GENERAL.—Pursuant to the authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall pro- mulgate or amend the sentencing guidelines, policy

EAS13500 S.L.C. 630

  1. 1  statements, and official commentaries, if appro-
  2. 2  priate, related to passport fraud offenses, including
  3. 3  the offenses described in chapter 75 of title 18,
  4. 4  United States Code, as amended by section 3407, to
  5. 5  reflect the serious nature of such offenses.
  6. 6  (2) REPORT.—Not later than 1 year after the
  7. 7  date of the enactment of this Act, the United States
  8. 8  Sentencing Commission shall submit a report on the
  9. 9  implementation of this subsection to—
  10. 10  (A) the Committee on the Judiciary of the
  11. 11  Senate; and
  12. 12  (B) the Committee on the Judiciary of the
  13. 13  House of Representatives.
  14. 14  (b) PROTECTION FOR LEGITIMATE REFUGEES AND
  15. 15  ASYLUM SEEKERS.—
  16. 16  (1) IN GENERAL.—
  17. 17  (A) REQUIREMENT FOR GUIDELINES.—
  18. 18  The Attorney General, in consultation with the
  19. 19  Secretary, shall develop binding prosecution
  20. 20  guidelines for Federal prosecutors to ensure
  21. 21  that each prosecution of an alien seeking entry
  22. 22  into the United States by fraud is consistent
  23. 23  with the United States treaty obligations under
  24. 24  Article 31(1) of the Convention Relating to the
  25. 25  Status of Refugees, done at Geneva July 28,

EAS13500 S.L.C. 631

  1. 1  1951 (as made applicable by the Protocol Relat-
  2. 2  ing to the Status of Refugees, done at New
  3. 3  York January 31, 1967 (19 UST 6223)).
  4. 4  (B) NO PRIVATE RIGHT OF ACTION.—The
  5. 5  guidelines developed pursuant to subparagraph
  6. 6  (A), and any internal office procedures related
  7. 7  to such guidelines—
  8. 8  (i) are intended solely for the guid-
  9. 9  ance of attorneys of the United States; and
  10. 10  (ii) are not intended to, do not, and
  11. 11  may not be relied upon to, create any right
  12. 12  or benefit, substantive or procedural, en-
  13. 13  forceable at law by any party in any ad-
  14. 14  ministrative, civil, or criminal matter.
  15. 15  (2) PROTECTION OF VULNERABLE PERSONS.—
  16. 16  A person described in paragraph (3) may not be
  17. 17  prosecuted under chapter 75 of title 18, United
  18. 18  States Code, or under section 275 or 276 of the Im-
  19. 19  migration and Nationality Act (8 U.S.C. 1325 and
  20. 20  1326), in connection with the person’s entry or at-
  21. 21  tempted entry into the United States until after the
  22. 22  date on which the person’s application for such pro-
  23. 23  tection, classification, or status has been adjudicated
  24. 24  and denied in accordance with the Immigration and
  25. 25  Nationality Act (8 U.S.C. 1101 et seq.).

EAS13500 S.L.C. 632

  1. 1  (3) PERSONS SEEKING PROTECTION, CLASSI-
  2. 2  FICATION, OR STATUS.—A person described in this
  3. 3  paragraph is a person who—
  4. 4  (A) is seeking protection, classification, or
  5. 5  status; and
  6. 6  (B)(i) has filed an application for asylum
  7. 7  under section 208 of the Immigration and Na-
  8. 8  tionality Act (8 U.S.C. 1158), withholding of
  9. 9  removal under section 241(b)(3) of such Act (8
  10. 10  U.S.C. 1231(b)(3)), or relief under the Conven-
  11. 11  tion against Torture and Other Cruel, Inhuman
  12. 12  or Degrading Treatment or Punishment, done
  13. 13  at New York, December 10, 1994, pursuant to
  14. 14  title 8, Code of Federal Regulations;
  15. 15  (ii) indicates immediately after apprehen-
  16. 16  sion, that he or she intends to apply for such
  17. 17  asylum, withholding of removal, or relief and
  18. 18  promptly files the appropriate application;
  19. 19  (iii) has been referred for a credible fear
  20. 20  interview, a reasonable fear interview, or an
  21. 21  asylum-only hearing under section 235 of the
  22. 22  Immigration and Nationality Act (8 U.S.C.
  23. 23  1225) or title 8, Code of Federal Regulations;
  24. 24  or

EAS13500 S.L.C. 633

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(iv) has filed an application for classifica- tion or status under—

(I) subparagraph (T) or (U) of para- graph (15), paragraph (27)(J), or para- graph (51) of section 101(a) of the Immi- gration and Nationality Act (8 U.S.C. 1101(a)); or

(II) section 216(c)(4)(C) or 240A(b)(2), of such Act (8 U.S.C. 1186a(c)(4)(C) and 1229b(b)(2)).

SEC. 3711. INADMISSIBLE ALIENS.

(a) DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN THE UNITED STATES UNLAWFULLY.— Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is amend- ed—

(1) in clause (i), by striking ‘‘seeks admission within 5 years of the date of such removal (or within 20 years’’ and inserting ‘‘seeks admission not later than 5 years after the date of the alien’s removal (or not later than 20 years after the alien’s removal’’; and

(2) in clause (ii), by striking ‘‘seeks admission within 10 years of the date of such alien’s departure or removal (or within 20 years of’’ and inserting ‘‘seeks admission not later than 10 years after the

EAS13500 S.L.C. 634

  1. 1  date of the alien’s departure or removal (or not later
  2. 2  than 20 years after’’.
  3. 3  (b) BIOMETRIC SCREENING.—Section 212 (8 U.S.C.
  4. 4  1182) is amended—
  5. 5  (1) in subsection (a)(7), by adding at the end
  6. 6  the following:
  7. 7  ‘‘(C) WITHHOLDING INFORMATION.—Ex-
  8. 8  cept as provided in subsection (d)(2), any alien
  9. 9  who willfully, through his or her own fault, re-
  10. 10  fuses to comply with a lawful request for bio-
  11. 11  metric information is inadmissible.’’; and
  12. 12  (2) in subsection (d), by inserting after para-
  13. 13  graph (1) the following:
  14. 14  ‘‘(2) The Secretary may waive the application
  15. 15  of subsection (a)(7)(C) for an individual alien or a
  16. 16  class of aliens.’’.
  17. 17  (c) PRECLUDING ADMISSIBILITY OF ALIENS CON-
  18. 18  VICTED OF SERIOUS CRIMINAL OFFENSES AND DOMESTIC
  19. 19  VIOLENCE, STALKING, CHILD ABUSE AND VIOLATION OF
  20. 20  PROTECTION ORDERS.—
  21. 21  (1) INADMISSIBILITY ON CRIMINAL AND RE-
  22. 22  LATED GROUNDS; WAIVERS.—Section 212 (8 U.S.C.
  23. 23  1182), as amended by section 3302, is further
  24. 24  amended—

EAS13500 S.L.C. 635

  1. 1  (A) in subsection (a)(2), as amended by
  2. 2  sections 3401 and 3402, is further amended by
  3. 3  inserting after subparagraph (J) the following:
  4. 4  ‘‘(K) CRIMES OF DOMESTIC VIOLENCE,
  5. 5  STALKING, OR VIOLATION OF PROTECTIVE OR-
  6. 6  DERS; CRIMES AGAINST CHILDREN.—
  7. 7  ‘‘(i) DOMESTIC VIOLENCE, STALKING,
  8. 8  AND CHILD ABUSE.—
  9. 9  ‘‘(I) IN GENERAL.—Any alien
  10. 10  who has been convicted of a crime of
  11. 11  domestic violence, a crime of stalking,
  12. 12  or a crime of child abuse, child ne-
  13. 13  glect, or child abandonment, provided
  14. 14  the alien served at least 1 year impris-
  15. 15  onment for the crime, or provided the
  16. 16  alien was convicted of offenses consti-
  17. 17  tuting more than 1 such crime, not
  18. 18  arising out of a single scheme of
  19. 19  criminal misconduct, is inadmissible.
  20. 20  ‘‘(II) CRIME OF DOMESTIC VIO-
  21. 21  LENCE DEFINED.—In this clause, the
  22. 22  term ‘crime of domestic violence’
  23. 23  means any crime of violence (as de-
  24. 24  fined in section 16 of title 18, United
  25. 25  States Code) against a person com-

EAS13500 S.L.C. 636

  1. 1  mitted by a current or former spouse
  2. 2  of the person, by an individual with
  3. 3  whom the person shares a child in
  4. 4  common, by an individual who is co-
  5. 5  habiting with or has cohabited with
  6. 6  the person as a spouse, by an indi-
  7. 7  vidual similarly situated to a spouse
  8. 8  of the person under the domestic or
  9. 9  family violence laws of the jurisdiction
  10. 10  where the offense occurs, or by any
  11. 11  other individual against a person who
  12. 12  is protected from that individual’s
  13. 13  acts under the domestic or family vio-
  14. 14  lence laws of the United States or any
  15. 15  State, Indian tribal government, or
  16. 16  unit of local or foreign government.
  17. 17  ‘‘(ii) VIOLATORS OF PROTECTION OR-
  18. 18  DERS.—
  19. 19  ‘‘(I) IN GENERAL.—Any alien
  20. 20  who at any time is enjoined under a
  21. 21  protection order issued by a court and
  22. 22  whom the court determines has en-
  23. 23  gaged in conduct that constitutes
  24. 24  criminal contempt of the portion of a
  25. 25  protection order that involves protec-

EAS13500 S.L.C. 637

  1. 1  tion against credible threats of vio-
  2. 2  lence, repeated harassment, or bodily
  3. 3  injury to the person or persons for
  4. 4  whom the protection order was issued,
  5. 5  is inadmissible.
  6. 6  ‘‘(II) PROTECTION ORDER DE-
  7. 7  FINED.—In this clause, the term ‘pro-
  8. 8  tection order’ means any injunction
  9. 9  issued for the purpose of preventing
  10. 10  violent or threatening acts of domestic
  11. 11  violence, including temporary or final
  12. 12  orders issued by civil or criminal
  13. 13  courts (other than support or child
  14. 14  custody orders or provisions) whether
  15. 15  obtained by filing an independent ac-
  16. 16  tion or as an independent order in an-
  17. 17  other proceeding.
  18. 18  ‘‘(iii) APPLICABILITY.—This subpara-
  19. 19  graph shall not apply to an alien who has
  20. 20  been battered or subjected to extreme cru-
  21. 21  elty and who is not and was not the pri-
  22. 22  mary perpetrator of violence in the rela-
  23. 23  tionship, upon a determination by the At-
  24. 24  torney General or the Secretary of Home-
  25. 25  land Security that—

EAS13500 S.L.C. 638

  1. 1  ‘‘(I) the alien was acting in self-
  2. 2  defense;
  3. 3  ‘‘(II) the alien was found to have
  4. 4  violated a protection order intended to
  5. 5  protect the alien; or
  6. 6  ‘‘(III) the alien committed, was
  7. 7  arrested for, was convicted of, or pled
  8. 8  guilty to committing a crime that did
  9. 9  not result in serious bodily injury.’’;
  10. 10  (B) in subsection (h)—
  11. 11  (i) by striking ‘‘The Attorney General
  12. 12  may, in his discretion, waive the applica-
  13. 13  tion of subparagraphs (A)(i)(I), (B), (D),
  14. 14  and (E) of subsection (a)(2)’’ and inserting
  15. 15  ‘‘The Attorney General or the Secretary of
  16. 16  Homeland Security may waive the applica-
  17. 17  tion of subparagraphs (A)(i)(I), (B), (D),
  18. 18  (E), of subsection (a)(2)’’; and
  19. 19  (ii) by inserting ‘‘or Secretary of
  20. 20  Homeland Security’’ after ‘‘the Attorney
  21. 21  General’’ each place that term appears.
  22. 22  (2) EFFECTIVE DATE.—The amendments made
  23. 23  by this subsection shall apply to any acts that oc-
  24. 24  curred on or after the date of the enactment of this
  25. 25  Act.

EAS13500 S.L.C. 639

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SEC. 3712. ORGANIZED AND ABUSIVE HUMAN SMUGGLING ACTIVITIES.

(a) ENHANCED PENALTIES.—
(1) IN GENERAL.—Title II (8 U.S.C. 1151 et

seq.) is amended by adding at the end the following:

‘‘SEC. 295. ORGANIZED HUMAN SMUGGLING.

‘‘(a) PROHIBITED ACTIVITIES.—Whoever, while act- ing for profit or other financial gain, knowingly directs or participates in an effort or scheme to assist or cause 5 or more persons (other than a parent, spouse or child of the offender)—

‘‘(1) to enter, attempt to enter, or prepare to enter the United States—

‘‘(A) by fraud, falsehood, or other corrupt means;

‘‘(B) at any place other than a port or place of entry designated by the Secretary; or ‘‘(C) in a manner not prescribed by the im- migration laws and regulations of the United

States; or

‘‘(2) to travel by air, land, or sea toward the United States (whether directly or indirectly)—

‘‘(A) knowing that the persons seek to enter or attempt to enter the United States without lawful authority; and

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‘‘(B) with the intent to aid or further such entry or attempted entry; or
‘‘(3) to be transported or moved outside of the

United States—
‘‘(A) knowing that such persons are aliens

in unlawful transit from one country to another or on the high seas; and

‘‘(B) under circumstances in which the persons are in fact seeking to enter the United States without official permission or legal au- thority;

shall be punished as provided in subsection (c) or (d).
‘‘(b) CONSPIRACY AND ATTEMPT.—Any person who

attempts or conspires to violate subsection (a) of this sec- tion shall be punished in the same manner as a person who completes a violation of such subsection.

‘‘(c) BASE PENALTY.—Except as provided in sub- section (d), any person who violates subsection (a) or (b) shall be fined under title 18, imprisoned for not more than 20 years, or both.

‘‘(d) ENHANCED PENALTIES.—Any person who vio- lates subsection (a) or (b) shall—

‘‘(1) in the case of a violation during and in re- lation to which a serious bodily injury (as defined in

EAS13500 S.L.C. 641

  1. 1  section 1365 of title 18) occurs to any person, be
  2. 2  fined under title 18, imprisoned for not more than
  3. 3  30 years, or both;
  4. 4  ‘‘(2) in the case of a violation during and in re-
  5. 5  lation to which the life of any person is placed in
  6. 6  jeopardy, be fined under title 18, imprisoned for not
  7. 7  more than 30 years, or both;
  8. 8  ‘‘(3) in the case of a violation involving 10 or
  9. 9  more persons, be fined under title 18, imprisoned for
  10. 10  not more than 30 years, or both;
  11. 11  ‘‘(4) in the case of a violation involving the
  12. 12  bribery or corruption of a U.S. or foreign govern-
  13. 13  ment official, be fined under title 18, imprisoned for
  14. 14  not more than 30 years, or both;’’.
  15. 15  ‘‘(5) in the case of a violation involving robbery
  16. 16  or extortion (as those terms are defined in para-
  17. 17  graph (1) or (2), respectively, of section 1951(b)) be
  18. 18  fined under title 18, imprisoned for not more than
  19. 19  30 years, or both;
  20. 20  ‘‘(6) in the case of a violation during and in re-
  21. 21  lation to which any person is subjected to an invol-
  22. 22  untary sexual act (as defined in section 2246(2) of
  23. 23  title 18), be fined under title 18, imprisoned for not
  24. 24  more than 30 years, or both; or

EAS13500 S.L.C. 642

  1. 1  ‘‘(7) in the case of a violation resulting in the
  2. 2  death of any person, be fined under title 18, impris-
  3. 3  oned for or any term of years or for life, or both.
  4. 4  ‘‘(e) LAWFUL AUTHORITY DEFINED.—
  5. 5  ‘‘(1) IN GENERAL.—In this section, the term
  6. 6  ‘lawful authority’—
  7. 7  ‘‘(A) means permission, authorization, or
  8. 8  license that is expressly provided for in the im-
  9. 9  migration laws of the United States or accom-
  10. 10  panying regulations: and
  11. 11  ‘‘(B) does not include any such authority
  12. 12  secured by fraud or otherwise obtained in viola-
  13. 13  tion of law; nor does it include authority
  14. 14  sought, but not approved.
  15. 15  ‘‘(2) APPLICATION TO TRAVEL OR ENTRY.—No
  16. 16  alien shall be deemed to have lawful authority to
  17. 17  travel to or enter the United States if such travel or
  18. 18  entry was, is, or would be in violation of law.
  19. 19  ‘‘(f) EFFORT OR SCHEME.—For purposes of this sec-
  20. 20  tion, ‘effort or scheme to assist or cause 5 or more per-
  21. 21  sons’ does not require that the 5 or more persons enter,
  22. 22  attempt to enter, prepare to enter, or travel at the same
  23. 23  time so long as the acts are completed within 1 year.

EAS13500 S.L.C. 643

  1. 1  ‘‘SEC. 296. UNLAWFULLY HINDERING IMMIGRATION, BOR-
  2. 2  DER, AND CUSTOMS CONTROLS.
  3. 3  ‘‘(a) ILLICIT SPOTTING.—Whoever knowingly trans-
  4. 4  mits to another person the location, movement, or activi-
  5. 5  ties of any Federal, State, or tribal law enforcement agen-
  6. 6  cy with the intent to further a Federal crime relating to
  7. 7  United States immigration, customs, controlled sub-
  8. 8  stances, agriculture, monetary instruments, or other bor-
  9. 9  der controls shall be fined under title 18, imprisoned not
  10. 10  more than 10 years, or both.
  11. 11  ‘‘(b) DESTRUCTION OF UNITED STATES BORDER
  12. 12  CONTROLS.—Whoever knowingly and without lawful au-
  13. 13  thorization destroys, alters, or damages any fence, barrier,
  14. 14  sensor, camera, or other physical or electronic device de-
  15. 15  ployed by the Federal government to control the border
  16. 16  or a port of entry or otherwise seeks to construct, exca-
  17. 17  vate, or make any structure intended to defeat, circumvent
  18. 18  or evade any such fence, barrier, sensor camera, or other
  19. 19  physical or electronic device deployed by the Federal gov-
  20. 20  ernment to control the border or a port of entry shall be
  21. 21  fined under title 18, imprisoned not more than 10 years,
  22. 22  or both, and if, at the time of the offense, the person uses
  23. 23  or carries a firearm or who, in furtherance of any such
  24. 24  crime, possesses a firearm, that person shall be fined
  25. 25  under Title 18, imprisoned not more than 20 years, or
  26. 26  both

EAS13500 S.L.C. 644

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‘‘(c) CONSPIRACY AND ATTEMPT.—Any person who attempts or conspires to violate subsection (a) or (b) of this section shall be punished in the same manner as a person who completes a violation of such subsection.’’.

(2) TABLE OF CONTENTS AMENDMENT.—The

table of contents is amended by adding after the

item relating to section 294 the following:

‘‘Sec. 295. Organized human smuggling.
‘‘Sec. 296. Unlawfully hindering immigration, border, and customs controls.’’.

(b) PROHIBITING CARRYING OR USE OF A FIREARM DURING AND IN RELATION TO AN ALIEN SMUGGLING CRIME.—Section 924(c) of title 18, United States Code, is amended—

(1) in paragraph (1)—
(A) in subparagraph (A), by inserting ‘‘,

alien smuggling crime,’’ after ‘‘crime of vio- lence’’ each place that term appears; and

(B) in subparagraph (D)(ii), by inserting ‘‘, alien smuggling crime,’’ after ‘‘crime of vio- lence’’; and
(2) by adding at the end the following:

‘‘(6) For purposes of this subsection, the term ‘alien smuggling crime’ means any felony punishable under sec- tion 274(a), 277, or 278 of the Immigration and Nation- ality Act (8 U.S.C. 1324(a), 1327, and 1328).’’.

EAS13500 S.L.C. 645

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(c) STATUTE OF LIMITATIONS.—Section 3298 of title 18, United States Code, is amended by inserting ‘‘, 295, 296, or 297’’ after ‘‘274(a)’’.
SEC. 3713. PREVENTING CRIMINALS FROM RENOUNCING

CITIZENSHIP DURING WARTIME.

Section 349(a) (8 U.S.C. 1481(a) is amended—
(1) by striking paragraph (6) ; and
(2) redesignating paragraph (7) as paragraph

(6).

SEC. 3714. DIPLOMATIC SECURITY SERVICE.

Paragraph (1) of section 37(a) of the State Depart- ment Basic Authorities Act of 1956 (22 U.S.C. 2709(a)) is amended to read as follows:

‘‘(1) conduct investigations concerning—
‘‘(A) illegal passport or visa issuance or

use;
‘‘(B) identity theft or document fraud af-

fecting or relating to the programs, functions, and authorities of the Secretary of State;

‘‘(C) violations of chapter 77 of title 18, United States Code; and

‘‘(D) Federal offenses committed within the special maritime and territorial jurisdiction of the United States (as defined in section 7(9) of title 18, United States Code);’’.

EAS13500 S.L.C. 646

  1. 1  SEC. 3715. SECURE ALTERNATIVES PROGRAMS.
  2. 2  (a) IN GENERAL.—The Secretary shall establish se-
  3. 3  cure alternatives programs that incorporate case manage-
  4. 4  ment services in each field office of the Department to
  5. 5  ensure appearances at immigration proceedings and public
  6. 6  safety.
  7. 7  (b) CONTRACT AUTHORITY.—The Secretary shall
  8. 8  contract with nongovernmental community based organi-
  9. 9  zations to conduct screening of detainees, provide appear-
  10. 10  ance assistance services, and operate community-based su-
  11. 11  pervision programs. Secure alternatives shall offer a con-
  12. 12  tinuum of supervision mechanisms and options including
  13. 13  community support, depending on an assessment of each
  14. 14  individual’s circumstances. The Secretary may contract
  15. 15  with nongovernmental organizations to implement secure
  16. 16  alternatives that maintain custody over the alien.
  17. 17  (c) INDIVIDUALIZED DETERMINATIONS.—In deter-
  18. 18  mining whether to use secure alternatives, the Secretary
  19. 19  shall make an individualized determination, and for each
  20. 20  individual placed on secure alternatives shall review the
  21. 21  level of supervision on a monthly basis. Secure alternatives
  22. 22  shall not be used when release on bail or recognizance is
  23. 23  determined to be a sufficient measure to ensure appear-
  24. 24  ances at immigration proceedings and public safety.
  25. 25  (d) CUSTODY.—The Secretary may use secure alter-
  26. 26  natives programs to maintain custody over any alien de-

EAS13500 S.L.C. 647

  1. 1  tained under this Act except for aliens detained under sec-
  2. 2  tion 236A of the Immigration and Nationality Act (8
  3. 3  U.S.C. 1226a). If an individual is not eligible for release
  4. 4  from custody or detention, the Secretary shall consider the
  5. 5  alien for placement in secure alternatives that maintain
  6. 6  custody over the alien to serve as detention, including the
  7. 7  use of electronic ankle devices.
  8. 8  SEC. 3716. OVERSIGHT OF DETENTION FACILITIES.
  9. 9  (a) DEFINITIONS.—In this section:
  10. 10  (1) APPLICABLE STANDARDS.—The term ‘‘ap-
  11. 11  plicable standards’’ means the most recent version of
  12. 12  detention standards and detention-related policies
  13. 13  issued by the Secretary or the Director of U.S. Im-
  14. 14  migration and Customs Enforcement.
  15. 15  (2) DETENTION FACILITY.—The term ‘‘deten-
  16. 16  tion facility’’ means a Federal, State, or local gov-
  17. 17  ernment facility, or a privately owned and operated
  18. 18  facility, that is used, in whole or in part, to hold in-
  19. 19  dividuals under the authority of the Director of U.S.
  20. 20  Immigration and Customs Enforcement, including
  21. 21  facilities that hold such individuals under a contract
  22. 22  or agreement with the Director.
  23. 23  (b) DETENTION REQUIREMENTS.—The Secretary
  24. 24  shall ensure that all persons detained pursuant to the Im-
  25. 25  migration and Nationality Act (8 U.S.C. 1101 et seq.) are

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treated humanely and benefit from the protections set forth in this section.

(c) OVERSIGHT REQUIREMENTS.—
(1) ANNUAL INSPECTION.—All detention facili-

ties shall be inspected by the Secretary on a regular basis, but not less than annually, for compliance with applicable detention standards issued by the Secretary and other applicable regulations.

(2) ROUTINE OVERSIGHT.—In addition to an- nual inspections, the Secretary shall conduct routine oversight of detention facilities, including unan- nounced inspections.

(3) AVAILABILITY OF RECORDS.—All detention facility contracts, memoranda of agreement, and evaluations and reviews shall be considered records for purposes of section 552(f)(2) of title 5, United States Code.

(4) CONSULTATION.—The Secretary shall seek input from nongovernmental organizations regarding their independent opinion of specific facilities.
(d) COMPLIANCE MECHANISMS.—

(1) AGREEMENTS.—
(A) NEW AGREEMENTS.—Compliance with

applicable standards of the Secretary and all applicable regulations, and meaningful financial

EAS13500 S.L.C. 649

  1. 1  penalties for failure to comply, shall be a mate-
  2. 2  rial term in any new contract, memorandum of
  3. 3  agreement, or any renegotiation, modification,
  4. 4  or renewal of an existing contract or agreement,
  5. 5  including fee negotiations, executed with deten-
  6. 6  tion facilities.
  7. 7  (B) EXISTING AGREEMENTS.—Not later
  8. 8  than 180 days after the date of the enactment
  9. 9  of this Act, the Secretary shall secure a modi-
  10. 10  fication incorporating these terms for any exist-
  11. 11  ing contracts or agreements that will not be re-
  12. 12  negotiated, renewed, or otherwise modified.
  13. 13  (C) CANCELLATION OF AGREEMENTS.—
  14. 14  Unless the Secretary provides a reasonable ex-
  15. 15  tension to a specific detention facility that is
  16. 16  negotiating in good faith, contracts or agree-
  17. 17  ments with detention facilities that are not
  18. 18  modified within 1 year of the date of the enact-
  19. 19  ment of this Act will be cancelled.
  20. 20  (D) PROVISION OF INFORMATION.—In
  21. 21  making modifications under this paragraph, the
  22. 22  Secretary shall require that detention facilities
  23. 23  provide to the Secretary all contracts, memo-
  24. 24  randa of agreement, evaluations, and reviews
  25. 25  regarding the facility on a regular basis. The

EAS13500 S.L.C. 650

  1. 1  Secretary shall make these materials publicly
  2. 2  available.
  3. 3  (2) FINANCIAL PENALTIES.—
  4. 4  (A) REQUIREMENT TO IMPOSE.—Subject
  5. 5  to subparagraph (C), the Secretary shall impose
  6. 6  meaningful financial penalties upon facilities
  7. 7  that fail to comply with applicable detention
  8. 8  standards issued by the Secretary and other ap-
  9. 9  plicable regulations.
  10. 10  (B) TIMING OF IMPOSITION.—Financial
  11. 11  penalties imposed under subparagraph (A) shall
  12. 12  be imposed immediately after a facility fails to
  13. 13  achieve an adequate or the equivalent median
  14. 14  score in any performance evaluation.
  15. 15  (C) WAIVER.—The requirements of sub-
  16. 16  paragraph (A) may be waived if the facility cor-
  17. 17  rects the noted deficiencies and receives an ade-
  18. 18  quate score in not more than 90 days.
  19. 19  (D) MULTIPLE OFFENDERS.—In cases of
  20. 20  persistent and substantial non-compliance, in-
  21. 21  cluding scoring less than adequate or the equiv-
  22. 22  alent median score in 2 consecutive inspections,
  23. 23  the Secretary shall terminate contracts or
  24. 24  agreements with such facilities within 60 days,
  25. 25  or in the case of facilities operated by the Sec-

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retary, such facilities shall be closed within 90

days.
(e) REPORTING REQUIREMENTS.—

(1) OBJECTIVES.—Not later than June 30 of each year, the Secretary shall prepare and submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on inspection and oversight activities of detention facilities.

(2) CONTENTS.—Each report submitted under paragraph (1) shall include—

(A) a description of each detention facility found to be in noncompliance with applicable detention standards issued by the Department and other applicable regulations;

(B) a description of the actions taken by the Department to remedy any findings of non- compliance or other identified problems, includ- ing financial penalties, contract or agreement termination, or facility closure; and

(C) information regarding whether the ac- tions described in subparagraph (B) resulted in compliance with applicable detention standards and regulations.

EAS13500 S.L.C. 652

  1. 1  SEC. 3717. PROCEDURES FOR BOND HEARINGS AND FILING
  2. 2  OF NOTICES TO APPEAR.
  3. 3  (a) ALIENS IN CUSTODY.—Section 236 (8 U.S.C.
  4. 4  1226) is amended by adding at the end the following:
  5. 5  ‘‘(f) PROCEDURES FOR CUSTODY HEARINGS.—For
  6. 6  any alien taken into custody under any provision of this
  7. 7  Act, with the exception of minors being transferred to or
  8. 8  in the custody of the Office of Refugee Resettlement, the
  9. 9  following shall apply:
  10. 10  ‘‘(1) The Secretary of Homeland Security shall,
  11. 11  without unnecessary delay and not later than 72
  12. 12  hours after the alien is taken into custody, file the
  13. 13  Notice to Appear or other relevant charging docu-
  14. 14  ment with the immigration court having jurisdiction
  15. 15  over the location where the alien was apprehended,
  16. 16  and serve such notice on the alien.
  17. 17  ‘‘(2) The Secretary shall immediately determine
  18. 18  whether the alien shall remain in custody or be re-
  19. 19  leased and, without unnecessary delay and not later
  20. 20  than 72 hours after the alien was taken into cus-
  21. 21  tody, serve upon the alien the custody decision speci-
  22. 22  fying the reasons for continued custody and the
  23. 23  amount of bond if any.
  24. 24  ‘‘(3) The Attorney General shall ensure the
  25. 25  alien has the opportunity to appear before an immi-
  26. 26  gration judge for a custody determination hearing

EAS13500 S.L.C. 653

  1. 1  promptly after service of the Secretary’s custody de-
  2. 2  cision. The immigration judge may, on the Sec-
  3. 3  retary’s motion and upon a showing of good cause,
  4. 4  postpone a custody determination hearing for no
  5. 5  more than 72 hours after service of the custody deci-
  6. 6  sion, except that in no case shall the hearing occur
  7. 7  more than seven days (including weekends and holi-
  8. 8  days) after the alien was taken into custody.
  9. 9  ‘‘(4) The immigration judge shall advise the
  10. 10  alien of the right to postpone the custody determina-
  11. 11  tion hearing and shall, on the oral or written request
  12. 12  of the individual, postpone the custody determina-
  13. 13  tion hearing for a period of no more than 14 days.
  14. 14  ‘‘(5) Except for aliens that the immigration
  15. 15  judge has determined are deportable as described in
  16. 16  section 236A and 236(c), the immigration judge
  17. 17  shall review the custody determination de novo and
  18. 18  may detain the alien only if the Secretary dem-
  19. 19  onstrates that no conditions, including the use of al-
  20. 20  ternatives to detention that maintain custody over
  21. 21  the alien, will reasonably assure the appearance of
  22. 22  the alien as required and the safety of any other
  23. 23  person and the community. For aliens detained
  24. 24  under 236(c), the immigration judge may review the
  25. 25  custody determination if the Secretary agrees the

EAS13500 S.L.C. 654

  1. 1  alien is not a danger to the community and alter-
  2. 2  natives to detention exist that assure the appearance
  3. 3  of the alien as required and the safety of any other
  4. 4  person and the community.
  5. 5  ‘‘(6) In the case of any alien remaining in cus-
  6. 6  tody after a custody determination, the Attorney
  7. 7  General shall provide de novo custody determination
  8. 8  hearings before an immigration judge every 90 days
  9. 9  so long as the alien remains in custody. The alien
  10. 10  may obtain a de novo custody redetermination hear-
  11. 11  ing upon a showing of good cause.
  12. 12  ‘‘(7) The Secretary shall inform the alien of his
  13. 13  or her rights under this paragraph at the time the
  14. 14  alien is first taken into custody.’’.
  15. 15  (b) STIPULATED REMOVAL.—Section 240(d) (8
  16. 16  U.S.C. 1229a) is amended to read as follows:
  17. 17  ‘‘(d) STIPULATED REMOVAL.—The Attorney General
  18. 18  shall provide by regulation for the entry by an immigration
  19. 19  judge of an order of removal stipulated to by the alien
  20. 20  (or the alien’s representative) and the Service. An immi-
  21. 21  gration judge may enter a stipulated removal order only
  22. 22  upon a finding at an in-person hearing that the stipulation
  23. 23  is voluntary, knowing and intelligent. A stipulated order
  24. 24  shall constitute a conclusive determination of the alien’s
  25. 25  removability from the United States.’’.

EAS13500 S.L.C. 655

  1. 1  SEC. 3718. SANCTIONS FOR COUNTRIES THAT DELAY OR
  2. 2  PREVENT REPATRIATION OF THEIR NATION-
  3. 3  ALS.
  4. 4  Section 243(d) (8 U.S.C. 1253(d)) is amended to
  5. 5  read as follows:
  6. 6  ‘‘(d) DISCONTINUING GRANTING VISAS TO NATION-
  7. 7  ALS OF COUNTRIES THAT DENY OR DELAY ACCEPTING
  8. 8  ALIENS.—Notwithstanding section 221(c), if the Sec-
  9. 9  retary of Homeland Security determines, in consultation
  10. 10  with the Secretary of State, that the government of a for-
  11. 11  eign country denies or unreasonably delays accepting
  12. 12  aliens who are citizens, subjects, nationals, or residents
  13. 13  of that country after the Secretary asks whether the gov-
  14. 14  ernment will accept an alien under this section, or after
  15. 15  a determination that the alien is inadmissible under para-
  16. 16  graph (6) or (7) of section 212(a), the Secretary of State
  17. 17  shall order consular officers in that foreign country to dis-
  18. 18  continue granting visas, or classes of visas until the Sec-
  19. 19  retary of Homeland Security notifies the Secretary of
  20. 20  State that the country has accepted the aliens.’’.
  21. 21  SEC. 3719. GROSS VIOLATIONS OF HUMAN RIGHTS.
  22. 22  (a) INADMISSIBILITY OF CERTAIN ALIENS.—Section
  23. 23  212(a)(3)(E)(iii) of the Immigration and Nationality Act
  24. 24  (8 U.S.C. 1182(a)(3)(E)(iii)) is amended to read as fol-
  25. 25  lows:

EAS13500 S.L.C. 656

  1. 1  ‘‘(iii) COMMISSION OF ACTS OF TOR-
  2. 2  TURE, EXTRAJUDICIAL KILLINGS, WAR
  3. 3  CRIMES, OR WIDESPREAD OR SYSTEMATIC
  4. 4  ATTACKS ON CIVILIANS.—Any alien who
  5. 5  planned, ordered, assisted, aided and abet-
  6. 6  ted, committed, or otherwise participated,
  7. 7  including through command responsibility,
  8. 8  in the commission of—
  9. 9  ‘‘(I) any act of torture (as de-
  10. 10  fined in section 2340 of title 18,
  11. 11  United States Code);
  12. 12  ‘‘(II) any extrajudicial killing (as
  13. 13  defined in section 3(a) of the Torture
  14. 14  Victim Protection Act of 1991 (28
  15. 15  U.S.C. 1350 note)) under color of law
  16. 16  of any foreign nation;
  17. 17  ‘‘(III) a war crime (as defined in
  18. 18  section 2441 of title 18, United States
  19. 19  Code); or
  20. 20  ‘‘(IV) a widespread or systematic
  21. 21  attack directed against a civilian pop-
  22. 22  ulation, with knowledge of the attack,
  23. 23  murder, extermination, enslavement,
  24. 24  forcible transfer of population, arbi-
  25. 25  trary detention, rape, sexual slavery,

EAS13500 S.L.C. 657

  1. 1  enforced prostitution, forced preg-
  2. 2  nancy, enforced sterilization, or any
  3. 3  other form of sexual violence of com-
  4. 4  parable gravity;
  5. 5  ‘‘(V) persecution on political ra-
  6. 6  cial, national, ethnic, cultural, reli-
  7. 7  gious, or gender grounds;
  8. 8  ‘‘(VI) enforced disappearance of
  9. 9  persons; or
  10. 10  ‘‘(VII) other inhumane acts of a
  11. 11  similar character intentionally causing
  12. 12  great suffering or serious bodily or
  13. 13  mental injury,
  14. 14  is in admissible.’’.
  15. 15  (b) NONAPPLICABILITY OF CONFIDENTIALITY RE-
  16. 16  QUIREMENT WITH RESPECT TO VISA RECORDS.—The
  17. 17  President may make public, without regard to the require-
  18. 18  ments under section 222(f) of the Immigration and Na-
  19. 19  tionality Act (8 U.S.C. 1202(f)), with respect to confiden-
  20. 20  tiality of records pertaining to the issuance or refusal of
  21. 21  visas or permits to enter the United States, the names
  22. 22  of aliens deemed inadmissible on the basis of section
  23. 23  212(a)(3)(E)(iii) of the Immigration and Nationality Act,
  24. 24  as amended by subsection (a).

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TITLE IV—REFORMS TO NON- IMMIGRANT VISA PROGRAMS

Subtitle A—Employment-based Nonimmigrant Visas

SEC. 4101. MARKET-BASED H–1B VISA LIMITS.

(a) IN GENERAL.—Section 214(g) (8 U.S.C. 1184(g)) is amended—

(1) in paragraph (1)—
(A) in the matter preceding subparagraph

(A), by striking ‘‘(beginning with fiscal year 1992)’’; and

(B) by amending subparagraph (A) to read as follows:

may

‘‘(A) under section 101(a)(15)(H)(i)(b) not exceed—

‘‘(i) 110,000 for the first fiscal year beginning after the date of the enactment the Border Security, Economic Oppor- tunity, and Immigration Modernization Act; and

‘‘(ii) the number calculated under paragraph (9) for succeeding fiscal year; or’’;

(2) by redesignating paragraph (10) as sub- paragraph (D) of paragraph (9);

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(3) by redesignating paragraph (9) as para- graph (10); and

(4) by inserting after paragraph (8) the fol- lowing:

‘‘(9)(A) Except as provided in subparagraphs (B) and (C), the allocation of nonimmigrant visas under sec- tion 101(a)(15)(H)(i)(b) for each fiscal year after the first fiscal year beginning after the date of the enactment of the Border Security, Economic Opportunity, and Immi- gration Modernization Act shall be equal to the sum of—

‘‘(i) the allocation of such visas for the most re- cently completed fiscal year; and

‘‘(ii) the product of—
‘‘(I) the allocation of such visas for the

most recently completed fiscal year; multiplied by

‘‘(II) the High Skilled Jobs Demand Index for such fiscal year calculated under subpara- graph (C).

‘‘(B)(i) The number of visas calculated under sub- paragraph (A) for any fiscal year shall not be less than 110,000 or more than 180,000.

‘‘(ii) The number of visas calculated under subpara- graph (A) for any fiscal year may not be more than 10,000

EAS13500 S.L.C. 660

  1. 1  more than, or less than 10,000 less than, the allocation
  2. 2  of such visas for the previous fiscal year.
  3. 3  ‘‘(C) The High Skilled Jobs Demand Index calculated
  4. 4  under this subparagraph for a fiscal year is the percentage
  5. 5  equal to the sum of—
  6. 6  ‘‘(i) 1⁄2 of a fraction—
  7. 7  ‘‘(I) the numerator of which is the number
  8. 8  of nonimmigrant visas under section
  9. 9  101(a)(15)(H)(i)(b) petitioned for during the
  10. 10  previous fiscal year minus the numerical limita-
  11. 11  tion of such visas determined under paragraph
  12. 12  (1) for the previous fiscal year; and
  13. 13  ‘‘(II) the denominator of which is the nu-
  14. 14  merical limitation of such visas determined
  15. 15  under paragraph (1) for the previous fiscal
  16. 16  year; and
  17. 17  ‘‘(ii) 1⁄2 of a fraction—
  18. 18  ‘‘(I) the numerator of which is the average
  19. 19  number of specified unemployed persons for the
  20. 20  previous fiscal year minus the average number
  21. 21  of specified unemployed persons for such fiscal
  22. 22  year; and
  23. 23  ‘‘(II) the denominator of which is the aver-
  24. 24  age number of specified unemployed persons for
  25. 25  such fiscal year.

EAS13500 S.L.C. 661

  1. 1  ‘‘(D) If the actual number of visas under section
  2. 2  101(a)(15)(H)(i)(b) applied for during a previous fiscal
  3. 3  year is not available at the time the Secretary determines
  4. 4  the numerical limitation under subparagraph (C) for the
  5. 5  following fiscal year, the Secretary may estimate such
  6. 6  number based on a statistical extrapolation of the number
  7. 7  of applications for such visas received at the time such
  8. 8  estimate is made.
  9. 9  ‘‘(E) For purposes of subparagraph (C), the term
  10. 10  ‘specified unemployed persons’ means, with respect to any
  11. 11  fiscal year, the number of unemployed persons in the
  12. 12  ‘management, professional, and related occupations’ cat-
  13. 13  egory of the employment report released by the Bureau
  14. 14  of Labor Statistics.’’.
  15. 15  (b) INCREASE IN ALLOCATION FOR STEM NON-

16IMMIGRANTS.—Section 214(g)(5)(C) (8 U.S.C.

  1. 17  1184(g)(5)(C)) is amended to read as follows:
  2. 18  ‘‘(C) has earned a master’s or higher, in a field
  3. 19  of science, technology, engineering, or math included
  4. 20  in the Department of Education’s Classification of
  5. 21  Instructional Programs taxonomy within the sum-
  6. 22  mary groups of computer and information sciences
  7. 23  and support services, engineering, mathematics and
  8. 24  statistics, and physical sciences, from a United
  9. 25  States institution of higher education (as defined in

EAS13500 S.L.C. 662

  1. 1  section 101(a) of the Higher Education Act of 1965
  2. 2  (20 U.S.C. 1001(a)) until the number of aliens who
  3. 3  are exempted from such numerical limitation during
  4. 4  such year exceed 25,000.’’.
  5. 5  (c) PUBLICATION.—
  6. 6  (1) DATA SUMMARIZING PETITIONS.—The Sec-
  7. 7  retary shall timely upload to a public website data
  8. 8  that summarizes the adjudication of nonimmigrant
  9. 9  petitions under section 101(a)(15)(H)(i)(b) of the
  10. 10  Immigration and Nationality Act (8 U.S.C.
  11. 11  1101(a)(15)(H)(i)(b)) during each fiscal year.
  12. 12  (2) ANNUAL NUMERICAL LIMITATION.—As soon
  13. 13  as practicable and no later than March 2 of each fis-
  14. 14  cal year, the Secretary shall publish in the Federal
  15. 15  Register the numerical limitation determined under
  16. 16  section 214(g)(1)(A) for such fiscal year.
  17. 17  (d) EFFECTIVE DATE AND APPLICATION.—The
  18. 18  amendments made by subsection (a) shall take effect on
  19. 19  the first day of the first fiscal year beginning after the
  20. 20  date of the enactment of this Act and apply to applications
  21. 21  for nonimmigrant visas under section 101(a)(15)(H)(i)(b)
  22. 22  of the Immigration and Nationality Act (8 U.S.C.
  23. 23  1101(a)(15)(H)(i)(b)) for such fiscal year.

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SEC. 4102. EMPLOYMENT AUTHORIZATION FOR DEPEND- ENTS OF EMPLOYMENT-BASED NON-

IMMIGRANTS.

Section 214(c) (8 U.S.C. 1184(c)) is amended—
(1) by striking ‘‘Attorney General’’ each place such term appears and inserting ‘‘Secretary of

Homeland Security’’; and
(2) in paragraph (2), by amending subpara-

graph (E) to read as follows:

‘‘(E)(i) In the case of an alien spouse admitted under section 101(a)(15)(L), who is accompanying or following to join a principal alien admitted under such section, the Secretary of Homeland Security shall—

‘‘(I) authorize the alien spouse to engage in em- ployment in the United States; and

‘‘(II) provide the spouse with an ‘employment authorized’ endorsement or other appropriate work permit.
‘‘(ii) In the case of an alien spouse admitted under

section 101(a)(15)(H)(i), who is accompanying or fol- lowing to join a principal alien admitted under such sec- tion, the Secretary of Homeland Security shall—

‘‘(I) authorize the alien spouse to engage in em- ployment in the United States only if such spouse is a national of a foreign country that permits recip- rocal employment; and

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‘‘(II) provide such a spouse with an ‘employ- ment authorized’ endorsement or other appropriate work permit, if appropriate.
‘‘(iii)(I) In clause (ii), the term ‘foreign country that

permits reciprocal employment’ means a foreign country that permits a spouse who is a national of the United States and is accompanying or following to join the em- ployment-based nonimmigrant husband or wife of such spouse to be employed in such foreign country based on that status.

‘‘(II) In subclause (I), the term ‘employment-based nonimmigrant’ means an individual who is admitted to a foreign country to perform employment similar to the em- ployment described in section 101(a)(15)(H)(i)(b).’’.

SEC. 4103. ELIMINATING IMPEDIMENTS TO WORKER MO- BILITY.

(a) DEFERENCE TO PRIOR APPROVALS.—Section 214(c) (8 U.S.C. 1184(c)), as amended by section 4102, is further amended by adding at the end the following:

‘‘(15) Subject to paragraph (2)(D) and subsection (g) and section 104(c) and subsections (a) and (b) of section 106 of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106–313; 8 U.S.C. 1184 note), the Secretary of Homeland Security shall give def- erence to a prior approval of a petition in reviewing a peti-

EAS13500 S.L.C. 665

  1. 1  tion to extend the status of a nonimmigrant admitted
  2. 2  under subparagraph (H)(i)(b) or (L) of section 101(a)(15)
  3. 3  if the petition involves the same alien and petitioner unless
  4. 4  the Secretary determines that—

5 6 7 8 9

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  1. 15  tion
  2. 16  the end the following:
  3. 17  ‘‘(3) A nonimmigrant admitted under section
  4. 18  101(a)(15)(H)(i)(b) whose employment relationship termi-
  5. 19  nates before the expiration of the nonimmigrant’s period
  6. 20  of authorized admission shall be deemed to have retained
  7. 21  such legal status throughout the entire 60-day period be-
  8. 22  ginning on the date such employment is terminated. A
  9. 23  nonimmigrant who files a petition to extend, change, or
  10. 24  adjust their status at any point during such period shall

‘‘(A) there was a material error with regard to the previous petition approval;

‘‘(B) a substantial change in circumstances has taken place;

‘‘(C) new material information has been discov- ered that adversely impacts the eligibility of the em- ployer or the nonimmigrant; or

‘‘(D) in the Secretary’s discretion, such exten- sion should not be approved.’’.
(b) EFFECT OF EMPLOYMENT TERMINATION.—Sec- 214(n) (8 U.S.C. 1184(n)) is amended by adding at

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be deemed to have lawful status under section 101(a)(15)(H)(i)(b) while that petition is pending.’’.

(c) VISA REVALIDATION.—Section 222(c) (8 U.S.C. 1202(c)) is amended—

(1) by inserting ‘‘(1)’’ before ‘‘Every alien’’; and

(2) by adding at the end the following:
‘‘(2) The Secretary of State may, at the Secretary’s discretion, renew in the United States the visa of an alien admitted under subparagraph (A), (E), (G), (H), (I), (L), (N), (O), (P), (R), or (W) section 101(a)(15) if the alien has remained eligible for such status and qualifies for a waiver of interview as provided for in subsection

(h)(1)(D).’’.
(d) INTERVIEW WAIVERS FOR LOW RISK VISA AP-

PLICANTS.—Section 222(h)(1) (8 U.S.C. 1202(h)(1)) is amended—

(1) in subparagraph (B)(iv), by striking ‘‘or’’ at the end;

(2) in subparagraph (C)(ii), by striking ‘‘and’’ at the end and inserting ‘‘or’’; and

(3) by adding at the end the following:
‘‘(D) by the Secretary of State, in con- sultation with the Secretary of Homeland Secu-

rity, for such aliens or classes of aliens—

EAS13500 S.L.C. 667

  1. 1  ‘‘(i) that the Secretary determines
  2. 2  generally represent a low security risk;
  3. 3  ‘‘(ii) for which an in-person interview
  4. 4  would not add material benefit to the adju-
  5. 5  dication process;
  6. 6  ‘‘(iii) unless the Secretary of State,
  7. 7  after a review of all standard database and
  8. 8  biometric checks, the visa application, and
  9. 9  other supporting documents, determines
  10. 10  that an interview is unlikely to reveal de-
  11. 11  rogatory information; and
  12. 12  ‘‘(iv) except that in every case, the
  13. 13  Secretary of State retains the right to re-
  14. 14  quire an applicant to appear for an inter-
  15. 15  view; and’’.
  1. 16  SEC. 4104. STEM EDUCATION AND TRAINING.
  2. 17  (a) FEE.—Section 212(a)(5)(A) (8 U.S.C.
  3. 18  1182(a)(5)(A)) is amended by adding at the end the fol-
  4. 19  lowing:
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‘‘(v) FEE.—An employer shall submit, along with an application for a certification under this subparagraph, a fee of $500 which shall be deposited in the STEM Education and Training Account estab- lished by section 286(s).’’.

EAS13500 S.L.C. 668

  1. 1  (b) USE OF FEE.—Section 286(s) (8 U.S.C. 1356(s))
  2. 2  is amended to read as follows:
  3. 3  ‘‘(s) STEM EDUCATION AND TRAINING ACCOUNT.—
  4. 4  ‘‘(1) IN GENERAL.—There is established in the
  5. 5  general fund of the Treasury a separate account,
  6. 6  which shall be known as the ‘STEM Education and
  7. 7  Training Account’. Notwithstanding any other sec-
  8. 8  tion of this title, there shall be deposited as offset-
  9. 9  ting receipts into the account all fees collected under
  10. 10  section 212(a)(5)(A)(v).
  11. 11  ‘‘(2) LOW-INCOME STEM SCHOLARSHIP PRO-
  12. 12  GRAM.—Sixty percent of the amounts deposited into
  13. 13  the STEM Education and Training Account shall
  14. 14  remain available to the Director of the National
  15. 15  Science Foundation until expended for scholarships
  16. 16  described in section 414(d) of the American Com-
  17. 17  petitiveness and Workforce Improvement Act of
  18. 18  1998 (42 U.S.C. 1869c) for low-income students en-
  19. 19  rolled in a program of study leading to a degree in
  20. 20  science, technology, engineering, or mathematics.
  21. 21  ‘‘(3) NATIONAL SCIENCE FOUNDATION COM-
  22. 22  PETITIVE GRANT PROGRAM FOR K–12 SCIENCE,
  23. 23  TECHNOLOGY, ENGINEERING AND MATHEMATICS
  24. 24  EDUCATION.—

EAS13500 S.L.C. 669

  1. 1  ‘‘(A) IN GENERAL.—Fifteen percent of the
  2. 2  amounts deposited into the STEM Education
  3. 3  and Training Account shall remain available to
  4. 4  the Director of the National Science Founda-
  5. 5  tion until expended to carry out a direct or
  6. 6  matching grant program to support improve-
  7. 7  ment in K–12 education, including through pri-
  8. 8  vate-public partnerships.
  9. 9  ‘‘(B) TYPES OF PROGRAMS COVERED.—
  10. 10  The Director shall award grants to such pro-
  11. 11  grams, including those which support the devel-
  12. 12  opment and implementation of standards-based
  13. 13  instructional materials models and related stu-
  14. 14  dent assessments that enable K–12 students to
  15. 15  acquire an understanding of science, technology,
  16. 16  engineering, and mathematics, as well as to de-
  17. 17  velop critical thinking skills; provide systemic
  18. 18  improvement in training K–12 teachers and
  19. 19  education for students in science, technology,
  20. 20  engineering, and mathematics, including by
  21. 21  supporting efforts to promote gender-equality
  22. 22  among students receiving such instruction; sup-
  23. 23  port the professional development of K–12
  24. 24  science, technology, engineering and mathe-
  25. 25  matics teachers in the use of technology in the

EAS13500 S.L.C. 670

  1. 1  classroom; stimulate system-wide K–12 reform
  2. 2  of science, technology, engineering, and mathe-
  3. 3  matics in rural, economically disadvantaged re-
  4. 4  gions of the United States; provide externships
  5. 5  and other opportunities for students to increase
  6. 6  their appreciation and understanding of science,
  7. 7  technology, engineering, and mathematics (in-
  8. 8  cluding summer institutes sponsored by an in-
  9. 9  stitution of higher education for students in
  10. 10  grades 7–12 that provide instruction in such
  11. 11  fields); involve partnerships of industry, edu-
  12. 12  cational institutions, and community organiza-
  13. 13  tions to address the educational needs of dis-
  14. 14  advantaged communities; provide college pre-
  15. 15  paratory support to expose and prepare stu-
  16. 16  dents for careers in science, technology, engi-
  17. 17  neering, and mathematics; and provide for car-
  18. 18  rying out systemic reform activities under sec-
  19. 19  tion 3(a)(1) of the National Science Foundation
  20. 20  Act of 1950 (42 U.S.C. 1862(a)(1)).
  21. 21  ‘‘(4) STEM CAPACITY BUILDING AT MINORITY-
  22. 22  SERVING INSTITUTIONS.—
  23. 23  ‘‘(A) IN GENERAL.—Twelve percent of the
  24. 24  amounts deposited into the STEM Education
  25. 25  and Training Account shall remain available to

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the Director of the National Science Founda- tion until expended to establish or expand pro- grams to award grants on a competitive, merit- reviewed basis to enhance the quality of under- graduate science, technology, engineering, and mathematics education at minority-serving in- stitutions of higher education and to increase the retention and graduation rates of students pursuing degrees in such fields at such institu- tions.

‘‘(B) TYPES OF PROGRAMS COVERED.— Grants awarded under this paragraph shall be awarded to—

‘‘(i) minority-serving institutions of higher education for—

‘‘(I) activities to improve courses and curriculum in science, technology, engineering, and mathematics;

‘‘(II) efforts to promote gender equality among students enrolled in such courses;

‘‘(III) faculty development;

‘‘(IV) stipends for undergraduate students participating in research; and

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‘‘(V) other activities consistent with subparagraph (A), as determined by the Director; and
‘‘(ii) to other institutions of higher

education to partner with the institutions described in clause (i) for—

‘‘(I) faculty and student develop- ment and exchange;

‘‘(II) research infrastructure de- velopment;

‘‘(III) joint research projects; and

‘‘(IV) identification and develop- ment of minority and low-income can- didates for graduate studies in science, technology, engineering and mathematics degree programs.

‘‘(C) INSTITUTIONS INCLUDED.—In this paragraph, the term ‘minority-serving institu- tions of higher education’ shall include—

‘‘(i) colleges eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321–326a and 328), including Tuskegee University;

EAS13500 S.L.C. 673

  1. 1  ‘‘(ii) 1994 Institutions, as defined in
  2. 2  section 532 of the Equity in Educational
  3. 3  Land-Grant Status Act of 1994 (7 U.S.C.
  4. 4  301 note); and
  5. 5  ‘‘(iii) Hispanic-serving institutions, as
  6. 6  defined in section 502(a)(5) of the Higher
  7. 7  Education Act of 1965 (20 U.S.C.
  8. 8  1101a(a)(5)).
  9. 9  ‘‘(5) STEM JOB TRAINING.—Ten percent of
  10. 10  amounts deposited into the STEM Education and
  11. 11  Training Account shall remain available to the Sec-
  12. 12  retary of Labor until expended for—
  13. 13  ‘‘(A) demonstration programs and projects
  14. 14  described in section 414(c) of the American
  15. 15  Competitiveness and Workforce Improvement
  16. 16  Act of 1998; and
  17. 17  ‘‘(B) training programs in the fields of
  18. 18  science, technology, engineering, and mathe-
  19. 19  matics for persons who have served honorably
  20. 20  in the Armed Forces of the United States and
  21. 21  have retired or are retiring from such service.
  22. 22  ‘‘(6) USE OF FEES FOR DUTIES RELATING TO
  23. 23  PETITIONS.—One and one-half percent of the
  24. 24  amounts deposited into the STEM Education and
  25. 25  Training Account shall remain available to the Sec-

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retary of Homeland Security until expended to carry out duties under paragraphs (1) (E) or (F) of sec- tion 204(a) (related to petitions for immigrants de- scribed in section 203(b)) and under paragraphs (1) and (9) of section 214(c) (related to petitions made for nonimmigrants described in section 101(a)(15)(H)(i)(b)).

‘‘(7) USE OF FEES FOR APPLICATION PROC- ESSING AND ENFORCEMENT.—One and one-half per- cent of the amounts deposited into the STEM Edu- cation and Training Account shall remain available to the Secretary of Labor until expended for de- creasing the processing time for applications under section 212(a)(5)(A) and section 212(n)(1).’’.

Subtitle B—H–1B Visa Fraud and Abuse Protections
CHAPTER 1—H–1B EMPLOYER APPLICATION REQUIREMENTS
SEC. 4211. MODIFICATION OF APPLICATION REQUIRE-

MENTS.

(a) GENERAL APPLICATION REQUIREMENTS.— (1) WAGE RATES.—

(A) IN GENERAL.—Section 212(n)(1)(A) (8 U.S.C. 1182(n)(1)(A)) is amended—

(i) clause (i)—

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(I) in the matter preceding sub- clause (I), by inserting ‘‘if the em- ployer is not an H–1B-dependent em- ployer,’’ before ‘‘is offering’’;

(II) in subclause (I), by striking ‘‘question, or’’ and inserting ‘‘ques- tion; or’’;

(III) in subclause (II), by strik- ing ‘‘employment,’’ and inserting ‘‘em- ployment;’’ and

(IV) in the undesignated material following subclause (II), by striking ‘‘application, and’’ and inserting ‘‘ap- plication;’’; and
(ii) by striking clause (ii) and insert-

ing the following:

‘‘(ii) if the employer is an H–1B-dependent employer, is offering and will offer to H–1B nonimmigrants, during the period of authorized employment for each H–1B nonimmigrant, wages that are not less than the level 2 wages set out in subsection (p); and

‘‘(iii) will provide working conditions for H–1B nonimmigrants that will not adversely af-

EAS13500 S.L.C. 676

  1. 1  fect the working conditions of other workers
  2. 2  similarly employed.’’.
  3. 3  (2) STRENGTHENING THE PREVAILING WAGE
  4. 4  SYSTEM.—

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(A) IN GENERAL.—Section 212(p) (8 U.S.C. 1182(p)) is amended to read as follows: COMPUTATION OF PREVAILING WAGE LEVEL.— ‘‘(1) IN GENERAL.—

‘‘(A) SURVEYS.—For employers of non- immigrants admitted pursuant to section 101(a)(15)(H)(i)(b), the Secretary of Labor shall make available to employers a govern- mental survey to determine the prevailing wage for each occupational classification by metro- politan statistical area in the United States. Such survey, or other survey approved by the Secretary of Labor, shall provide 3 levels of wages commensurate with experience, edu- cation, and level of supervision. Such wage lev- els shall be determined as follows:

‘‘(i) The first level shall be the mean of the lowest two-thirds of wages surveyed, but in no case less than 80 percent of the mean of the wages surveyed.

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‘‘(ii) The second level shall be the mean of wages surveyed.

‘‘(iii) The third level shall be the mean of the highest two-thirds of wages surveyed.
‘‘(B) EDUCATIONAL, NONPROFIT, RE-

SEARCH, AND GOVERNMENTAL ENTITIES.—In computing the prevailing wage level for an occu- pational classification in an area of employment for purposes of section 203(b)(1)(D) and sub- sections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section in the case of an employee of—

‘‘(i) an institution of higher education, or a related or affiliated nonprofit entity; or

‘‘(ii) a nonprofit research organization or a governmental research organization;

the prevailing wage level shall only take into ac- count employees at such institutions and orga- nizations in the area of employment.
‘‘(2) PAYMENT OF PREVAILING WAGE.—The

prevailing wage level required to be paid pursuant to section 203(b)(1)(D) and subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section

EAS13500 S.L.C. 678

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shall be 100 percent of the wage level determined pursuant to those sections.

‘‘(3) PROFESSIONAL ATHLETE.—With respect to a professional athlete (as defined in subsection (a)(5)(A)(iii)(II)) when the job opportunity is cov- ered by professional sports league rules or regula- tions, the wage set forth in those rules or regula- tions shall be considered as not adversely affecting the wages of United States workers similarly em- ployed and be considered the prevailing wage.

‘‘(4) WAGES FOR H–2B EMPLOYEES.—
‘‘(A) IN GENERAL.—The wages paid to H– 2B nonimmigrants employed by the employer

will be the greater of—
‘‘(i) the actual wage level paid by the

employer to other employees with similar experience and qualifications for such posi- tion; or

‘‘(ii) the prevailing wage level for the occupational classification of the position in the geographic area of the employment, based on the best information available as of the time of filing the application.
‘‘(B) BEST INFORMATION AVAILABLE.—In

subparagraph (A), the term ‘best information

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available’, with respect to determining the pre- vailing wage for a position, means—

‘‘(i) a controlling collective bargaining agreement or Federal contract wage, if ap- plicable;

‘‘(ii) if there is no applicable wage under clause (i), the wage level commensu- rate with the experience, training, and su- pervision required for the job based on Bu- reau of Labor Statistics data; or

‘‘(iii) if the data referred to in clause (ii) is not available, a legitimate and recent private survey of the wages paid for such positions in the metropolitan statistical area.’’.
WAGES FOR EDUCATIONAL, NONPROFIT,

(3)
RESEARCH, AND GOVERNMENTAL ENTITIES.—Sec- tion 212 is amended by adding at the end the fol- lowing:
‘‘(v) DETERMINATION OF PREVAILING WAGE.—In

the case of a nonprofit institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), a related or affiliated nonprofit entity, a nonprofit research organization, or a Govern-

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mental research organization, the Secretary of Labor shall determine such wage levels as follows:

‘‘(1) If the Secretary of Labor uses, or makes available to employers, a governmental survey to de- termine the prevailing wage, such survey shall pro- vide at least 4 levels of wages commensurate with experience, education, and the level of supervision.

‘‘(2) If an existing government survey has only 2 levels, 2 intermediate levels may be created by di- viding by 3, the difference between the 2 levels of- fered, adding the quotient thus obtained to the first level and subtracting that quotient from the second level .

‘‘(3) For institutions of higher education, only teaching positions and research positions may be paid using this special educational wage level.’’.
(b) INTERNET POSTING REQUIREMENT.—Section

212(n)(1)(C) (8 U.S.C. 1182(n)(1)(C)) is amended—
(1) by redesignating clause (ii) as subclause

(II);
(2) by striking ‘‘(i) has provided’’ and inserting

the following:
‘‘(ii)(I) has provided’’; and

(3) by striking ‘‘sought, or’’ and inserting ‘‘sought; or’’;

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(4) by inserting before clause (ii), as redesig- nated by paragraph (2), the following:

‘‘(i) has advertised on the Internet website maintained by the Secretary of Labor for the purpose of such advertising, for at least 30 cal- endar days, a detailed description of each posi- tion for which a nonimmigrant is sought that includes a description of—

‘‘(I) the wage ranges and other terms and conditions of employment;

‘‘(II) the minimum education, train- ing, experience, and other requirements for the position; and

‘‘(III) the process for applying for the position; and’’.

(c) APPLICATION OF REQUIREMENTS TO ALL EM- PLOYERS.—

(1) NONDISPLACEMENT.—Section 212(n)(1)(E) (8 U.S.C. 1182(n)(1)(E)) is amended to read as fol- lows:

‘‘(E)(i)(I) Subject to subclause (II), in the case of an application filed by an employer that is not an H–1B-dependent employer, the employer did not dis- place and will not displace a United States worker (as defined in paragraph (4)) employed by the em-

EAS13500 S.L.C. 682

  1. 1  ployer within the period beginning 90 days before
  2. 2  and ending 90 days after the date of filing of any
  3. 3  visa petition supported by the application.
  4. 4  ‘‘(II) An employer who is not an H–1B-depend-
  5. 5  ent employer shall not be subject to clause (i) if the
  6. 6  number of United States workers employed by such
  7. 7  employer in the same job zone as the H–1B non-
  8. 8  immigrant has not decreased during the 1-year pe-
  9. 9  riod ending on the date of the labor condition appli-
  10. 10  cation filed by the employer.
  11. 11  ‘‘(ii)(I) In the case of an application filed by an
  12. 12  H–1B-dependent employer, the employer did not dis-
  13. 13  place and will not displace a United States worker
  14. 14  (as defined in paragraph (4)) employed by the em-
  15. 15  ployer within the period beginning 180 days before
  16. 16  and ending 180 days after the date of the filing of
  17. 17  any visa petition supported by the application.
  18. 18  ‘‘(II) An application described in this clause is
  19. 19  an application filed on or after the date final regula-
  20. 20  tions are first promulgated to carry out this sub-
  21. 21  paragraph, and before by an H–1B-dependent em-
  22. 22  ployer (as defined in paragraph (3)) or by an em-
  23. 23  ployer that has been found, on or after the date of
  24. 24  the enactment of the American Competitiveness and
  25. 25  Workforce Improvement Act of 1998, under para-

EAS13500 S.L.C. 683

  1. 1  graph (2)(C) or (5) to have committed a willful fail-
  2. 2  ure or misrepresentation during the 5-year period
  3. 3  preceding the filing of the application.
  4. 4  ‘‘(iii) In this subparagraph, the term‘ job zone’
  5. 5  means a zone assigned to an occupation by—
  6. 6  ‘‘(I) the Occupational Information Network
  7. 7  Database (O*NET) on the date of the enact-
  8. 8  ment of this Act; or
  9. 9  ‘‘(II) such Database or a similar successor
  10. 10  database, as designated by the Secretary of
  11. 11  Labor, after the date of the enactment of this
  12. 12  Act.’’.
  13. 13  (2) RECRUITMENT.—Section 212(n)(1)(G) (8
  14. 14  U.S.C. 1182(n)(1)(G)) is amended to read as fol-
  15. 15  lows:
  16. 16  ‘‘(G) An employer, prior to filing the applica-
  17. 17  tion—
  18. 18  ‘‘(i) has advertised the job on an Internet
  19. 19  website maintained by the Secretary of Labor
  20. 20  for the purpose of such advertising;
  21. 21  ‘‘(ii) has offered the job to any United
  22. 22  States worker who applies and is equally or bet-
  23. 23  ter qualified for the job for which the non-
  24. 24  immigrant or nonimmigrants is or are sought;
  25. 25  and

EAS13500 S.L.C. 684

  1. 1  ‘‘(iii) if the employer is an H–1B-depend-
  2. 2  ent employer, has taken good faith steps to re-
  3. 3  cruit, in the United States using procedures
  4. 4  that meet industry-wide standards and offering
  5. 5  compensation that is at least as great as that
  6. 6  required to be offered to H–1B nonimmigrants
  7. 7  under subparagraph (A), United States workers
  8. 8  for the job for which the nonimmigrant or non-
  9. 9  immigrants is or are sought.’’.
  10. 10  (d) OUTPLACEMENT.—Section 212(n)(1)(F) (8
  11. 11  U.S.C. 1182(n)(1)(F)) is amended to read as follows:
  12. 12  ‘‘(F)(i) An H-1B-dependent employer may
  13. 13  not place, outsource, lease, or otherwise con-
  14. 14  tract for the services or placement of an H–1B
  15. 15  nonimmigrant employee.
  16. 16  ‘‘(ii) An employer that is not an H-1B-de-
  17. 17  pendent employer and not described in para-
  18. 18  graph (3)(A)(i) may not place, outsource, lease,
  19. 19  or otherwise contract for the services or place-
  20. 20  ment of an H–1B nonimmigrant employee un-
  21. 21  less the employer pays a fee of $500.
  22. 22  ‘‘(iii) A fee collected under clause (ii) shall
  23. 23  be deposited in the Comprehensive Immigration
  24. 24  Reform Trust Fund established under section 6

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of the Border Security, Economic Opportunity,

and Immigration Modernization Act.’’.
(e) H–1B-DEPENDENT EMPLOYER DEFINED.—Sec- tion 212(n)(3) (8 U.S.C. 1182(n)(3)) is amended to read

as follows:
‘‘(3)(A) For purposes of complying with the require-

ments related to outplacement of an employee, the term ‘H–1B-dependent employer’ means an employer that—

‘‘(i) is not a nonprofit institution of higher edu- cation, a nonprofit research organization, or an em- ployer whose primary line of business is healthcare and who is petitioning for a physician, a nurse, or physical therapist or a substantially equivalent healthcare occupation; and

‘‘(ii)(I) in the case of an employer that has 25 or fewer full-time equivalent employees who are em- ployed in the United States, employs more than 7 H-1B nonimmigrants;

‘‘(II) in the case of an employer that has at least 26 but not more than 50 full-time equivalent employees who are employed in the United States, employs more than 12 H-1B nonimmigrant; or

‘‘(III) in the case of an employer that has at least 51 full-time equivalent employees who are em- ployed in the United States, employs H-1B non-

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immigrants in a number that is equal to at least 15 percent of the number of such full-time equivalent employees.
‘‘(B) In determining the number of employees who

are H–1B nonimmigrants under subparagraph (A)(ii), an intending immigrant employee shall not count toward such number’’.

(f) INTENDING IMMIGRANTS DEFINED.—Section 101(a) (8 U.S.C. 1101(a)) is amended by adding at the end the following:

‘‘(53)(A) The term ‘intending immigrant’ means, with respect to the number of aliens em- ployed by an employer, an alien who intends to work and reside permanently in the United States, as evi- denced by—

‘‘(i) for a covered employer, an approved application for a labor certification or an appli- cation that has been pending for longer than 1 year; or

‘‘(ii) a pending or approved immigrant sta- tus petition filed for such alien.
‘‘(B) In this paragraph:

‘‘(i) The term ‘covered employer’ means an employer of an alien that, during the 1-year pe- riod ending on the date the employer files an

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application for the labor certification for such alien, has filed an immigrant status petition for not less than 90 percent of the aliens for whom the employer filed an application for a labor certification during such period. Labor certifi- cation applications that have been pending for longer than 1 year may be treated for this cal- culation as if the employer filed an immigrant status petition

‘‘(ii) The term ‘labor certification’ means an employment certification under section 212(a)(5)(A).

‘‘(iii) The term ‘immigrant status petition’ means a petition filed under paragraph (1), (2), or (3) of section 203(b).
‘‘(C) Notwithstanding any other provision of for all—

‘‘(i) calculations under this Act of the number of aliens admitted pursuant to subpara- graph (H)(i)(b) or (L) of paragraph (15) an in- tending immigrant shall be counted as an alien lawfully admitted for permanent residence and shall not be counted as an employee admitted pursuant to such a subparagraph; and

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‘‘(ii) determinations of the number of em- ployees or United States workers employed by an employer, all of the employees in any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Inter- nal Revenue Code of 1986 shall be counted.’’.

SEC. 4212. REQUIREMENTS FOR ADMISSION OF NON- IMMIGRANT NURSES IN HEALTH PROFES-

SIONAL SHORTAGE AREAS.

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25provided nonimmigrant status under section

(a) EXTENSION OF PERIOD OF AUTHORIZED ADMIS- SION.—Section 212(m)(3) (8 U.S.C. 1182(m)(3)) is amended to read as follows:

‘‘(3) The initial period of authorized admission as a nonimmigrant under section 101(a)(15)(H)(i)(c) shall be 3 years, and may be extended once for an additional 3- year period.’’.

(b) NUMBER OF VISAS.—Section 212(m)(4) (8 U.S.C. 1182(m)(4)) is amended by striking ‘‘500.’’ and inserting ‘‘300.’’.

(c) PORTABILITY.—Section 214(n) (8 U.S.C. 1184(n)), as amended by section 4103(b), is further amended by adding at the end the following:

‘‘(4)(A) A nonimmigrant alien described in subpara- graph (B) who was previously issued a visa or otherwise

EAS13500 S.L.C. 689

  1. 1  101(a)(15)(H)(i)(c) is authorized to accept new employ-
  2. 2  ment performing services as a registered nurse for a facil-
  3. 3  ity described in section 212(m)(6) upon the filing by the
  4. 4  prospective employer of a new petition on behalf of such
  5. 5  nonimmigrant as provided under subsection (c). Employ-
  6. 6  ment authorization shall continue for such alien until the
  7. 7  new petition is adjudicated. If the new petition is denied,
  8. 8  such authorization shall cease.
  9. 9  ‘‘(B) A nonimmigrant alien described in this para-
  10. 10  graph is a nonimmigrant alien—
  11. 11  ‘‘(i) who has been lawfully admitted into the
  12. 12  United States;
  13. 13  ‘‘(ii) on whose behalf an employer has filed a
  14. 14  nonfrivolous petition for new employment before the
  15. 15  date of expiration of the period of stay authorized by
  16. 16  the Secretary of Homeland Security, except that, if
  17. 17  a nonimmigrant described in section
  18. 18  101(a)(15)(H)(i)(c) is terminated or laid off by the
  19. 19  nonimmigrant’s employer, or otherwise ceases em-
  20. 20  ployment with the employer, such petition for new
  21. 21  employment shall be filed during the 45-day period
  22. 22  beginning on the date of such termination, lay off,
  23. 23  or cessation; and

EAS13500 S.L.C. 690

  1. 1  ‘‘(iii) who, subsequent to such lawful admission,
  2. 2  has not been employed without authorization in the
  3. 3  United States before the filing of such petition.’’.
  4. 4  (d) APPLICABILITY.—
  5. 5  (1) IN GENERAL.—Beginning on the commence-
  6. 6  ment date described in paragraph (2), the amend-
  7. 7  ments made by section 2 of the Nursing Relief for
  8. 8  Disadvantaged Areas Act of 1999 (Public Law 106–
  9. 9  95; 113 Stat. 1313), and the amendments made by
  10. 10  this section, shall apply to classification petitions
  11. 11  filed for nonimmigrant status. This period shall be
  12. 12  in addition to the period described in section 2(e) of
  13. 13  the Nursing Relief for Disadvantaged Areas Act of
  14. 14  1999 (8 U.S.C. 1182 note).
  15. 15  (2) COMMENCEMENT DATE.—Not later than 60
  16. 16  days after the date of the enactment of this Act, the
  17. 17  Secretary shall determine whether regulations are
  18. 18  necessary to implement the amendments made by
  19. 19  this section. If the Secretary determines that no
  20. 20  such regulations are necessary, the commencement
  21. 21  date described in this paragraph shall be the date of
  22. 22  such determination. If the Secretary determines that
  23. 23  regulations are necessary to implement any amend-
  24. 24  ment made by this section, the commencement date

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described in this paragraph shall be the date on

which such regulations (in final form) take effect.

SEC. 4213. NEW APPLICATION REQUIREMENTS.

Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by inserting after clause (iii) of subparagraph (G) , as amended by section 4211(c)(2),the following:

‘‘(H)(i) The employer has not advertised any available position specified in the application in an advertisement that states or indicates that—

‘‘(I) such position is only available to an individual who is or will be an H–1B non- immigrant or an alien participating in optional practical training pursuant to section 101(a)(15)(F)(i); or

‘‘(II) an individual who is or will be an H– 1B nonimmigrant or participant in such op- tional practical training shall receive priority or a preference in the hiring process for such posi- tion.
‘‘(ii) The employer has not solely recruited indi-

viduals who are or who will be H–1B nonimmigrants or participants in optional practical training pursu- ant to section 101(a)(15)(F)(i) to fill such position.

‘‘(I)(i) If the employer (other than an edu- cational or research employer) employs 50 or more

EAS13500 S.L.C. 692

  1. 1  employees in the United States, the sum of the num-
  2. 2  ber of such employees who are H–1B nonimmigrants
  3. 3  plus the number of such employees who are non-
  4. 4  immigrants described in section 101(a)(15)(L) may
  5. 5  not exceed—
  6. 6  ‘‘(I) 75 percent of the total number of em-
  7. 7  ployees, for fiscal year 2015;
  8. 8  ‘‘(II) 65 percent of the total number of
  9. 9  employees, for fiscal year 2016; and
  10. 10  ‘‘(III) 50 percent of the total number of
  11. 11  employees, for each fiscal year after fiscal year
  12. 12  2016.
  13. 13  ‘‘(ii) In this subparagraph:
  14. 14  ‘‘(I) The term ‘educational or research em-
  15. 15  ployer’ means an employer that is a nonprofit
  16. 16  institution of higher education or a nonprofit
  17. 17  research organization described in section
  18. 18  501(c)(3) of the Internal Revenue Code of 1986
  19. 19  and exempt from taxation under 501(a) of that
  20. 20  Code.
  21. 21  ‘‘(II) The term ‘H–1B nonimmigrant’
  22. 22  means an alien admitted as a nonimmigrant
  23. 23  pursuant to section 101(a)(15)(H)(i)(b).
  24. 24  ‘‘(III) The term ‘L nonimmigrant’ means
  25. 25  an alien admitted as a nonimmigrant pursuant

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to section 101(a)(15)(L) to provide services to his or her employer involving specialized knowl- edge.
‘‘(iii) In determining the percentage of employ-

ees of an employer that are H–1B nonimmigrants or L nonimmigrants under clause (i), an intending im- migrant employee shall not count toward such per- centage.

‘‘(J) The employer shall submit to the Sec- retary of Homeland Security an annual report that includes the Internal Revenue Service Form W–2 Wage and Tax Statement filed by the employer for each H–1B nonimmigrant employed by the employer during the previous year.’’.

SEC. 4214. APPLICATION REVIEW REQUIREMENTS.

(a) TECHNICAL AMENDMENT.—Section 212(n)(1) (8 U.S.C. 1182(n)(1)), as amended by section 4213, is fur- ther amended in the undesignated paragraph at the end, by striking ‘‘The employer’’ and inserting the following:

‘‘(K) The employer’’.
(b) APPLICATION REVIEW REQUIREMENTS.—Sub-

paragraph (K) of such section 212(n)(1), as designated by subsection (a), is amended—

(1) by inserting ‘‘and through the Department of Labor’s website, without charge.’’ after ‘‘D.C.’’;

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(2) by striking ‘‘only for completeness’’ and in- serting ‘‘for completeness and evidence of fraud or misrepresentation of material fact,’’;

(3) by striking ‘‘or obviously inaccurate’’ and inserting ‘‘, presents evidence of fraud or misrepre- sentation of material fact, or is obviously inac- curate’’;

(4) by striking ‘‘within 7 days of the’’ and in- serting ‘‘not later than 14 after’’; and

(5) by adding at the end the following: ‘‘If the Secretary’s review of an application identifies evi- dence of fraud or misrepresentation of material fact, the Secretary may conduct an investigation and hearing in accordance with paragraph (2).’’.

(c) FILING OF PETITION FOR NONIMMIGRANT WORKER.—Section 212(n)(1) (8 U.S.C. 1182(n)(1)), as amended by section 4213, is further amended by adding at the end the following:

‘‘(L) An I–129 Petition for Nonimmigrant Worker (or similar successor form)—

‘‘(i) may be filed by an employer with the Secretary of Homeland Security prior to the date the employer receives an approved certifi- cation described in section 101(a)(15)(H)(i)(b) from the Secretary of Labor; and

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‘‘(ii) may not be approved by the Secretary of Homeland Security until the date such cer- tification is approved.’’.

CHAPTER 2— INVESTIGATION AND DIS- POSITION OF COMPLAINTS AGAINST H–1B EMPLOYERS

SEC. 4221. GENERAL MODIFICATION OF PROCEDURES FOR INVESTIGATION AND DISPOSITION.

Subparagraph (A) of section 212(n)(2) (8 U.S.C. 1182(n)(2)) is amended—

(1) by striking ‘‘(A) Subject’’ and inserting ‘‘(A)(i) Subject’’;

(2) by striking ‘‘12 months’’ and inserting ‘‘24 months’’;

(3) by striking the last sentence; and (4) by adding at the end the following:

‘‘(ii)(I) Upon the receipt of such a com- plaint, the Secretary may initiate an investiga- tion to determine if such a failure or misrepre- sentation has occurred.

‘‘(II) The Secretary may conduct voluntary surveys of the degree to which employers com- ply with the requirements of this subsection.

‘‘(III) The Secretary shall—

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‘‘(aa) conduct annual compliance au- dits of each employer with more than 100 employees who work in the United States if more than 15 percent of such employees are H–1B nonimmigrants; and

‘‘(bb) make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause.’’.

SEC. 4222. INVESTIGATION, WORKING CONDITIONS, AND PENALTIES.

Subparagraph (C) of section 212(n)(2) (8 U.S.C. 1182(n)(2)) is amended—

(1) in clause (i)—
(A) in the matter preceding subclause

(I)—

(i) by striking ‘‘a condition of para- graph (1)(B), (1)(E), or (1)(F)’’ and in- serting ‘‘a condition under subparagraph (A), (B), (C)(i), (E), (F), (G)(i)(I), (H), (I), or (J) of paragraph (1)’’; and

(ii) by striking ‘‘(1)(C)’’ and inserting ‘‘(1)(C)(ii)’’;

(B) in subclause (I)—

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(i) by striking ‘‘$1,000’’ and inserting ‘‘$2,000’’; and

(ii) by striking ‘‘and’’ at the end;
(C) in subclause (II), by striking the pe- riod at the end and inserting a semicolon and

‘‘and’’; and
(D) by adding at the end the following:

‘‘(III) an employer that violates such subpara- graph (A) shall be liable to any employee harmed by such violations for lost wages and benefits.’’; and

(2) in clause (ii)—
(A) in subclause (I)—

(i) by striking ‘‘may’’ and inserting ‘‘shall’’; and

(ii) by striking ‘‘$5,000’’ and insert- ing ‘‘$10,000’’;

(B) in subclause (II), by striking the pe- riod at the end and inserting a semicolon and ‘‘and’’; and

(C) by adding at the end the following: ‘‘(III) an employer that violates such subpara- graph (A) shall be liable to any employee harmed by

such violations for lost wages and benefits.’’; (3) in clause (iii)—

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(A) in the matter preceding subclause (I), by striking ‘‘90 days’’ both places it appears and inserting ‘‘180 days’’;

(B) in subclause (I)—
(i) by striking ‘‘may’’ and inserting

‘‘shall’’; and
(ii) by striking ‘‘and’’ at the end;

(C) in subclause (II), by striking the pe- riod at the end and inserting a semicolon and ‘‘and’’; and

(D) by adding at the end the following: ‘‘(III) an employer that violates subparagraph (A) of such paragraph shall be liable to any em- ployee harmed by such violations for lost wages and

benefits.’’;
(4) in clause (iv)—

(A) by inserting ‘‘to take, or threaten to take, a personnel action, or’’ before ‘‘to intimi- date’’;

(B) by inserting ‘‘(I)’’ after ‘‘(iv)’’; and

(C) by adding at the end the following: ‘‘(II) An employer that violates this clause shall be liable to any H–1B nonimmigrant employee harmed by such violation for lost wages and bene-

fits.’’; and

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(5) in clause (vi)—
(A) by amending subclause (I) to read as

follows:

‘‘(I) It is a violation of this clause for an em- ployer who has filed an application under this sub- section—

‘‘(aa) to require an H–1B nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the non- immigrant and the employer (the Secretary shall determine whether a required payment is a penalty, and not liquidated damages, pursu- ant to relevant State law); and

‘‘(bb) to fail to offer to an H–1B non- immigrant, during the nonimmigrant’s period of authorized employment, on the same basis, and in accordance with the same criteria, as the em- ployer offers to similarly situated United States workers, benefits and eligibility for benefits, in- cluding—

‘‘(AA) the opportunity to participate in health, life, disability, and other insur- ance plans;

‘‘(BB) the opportunity to participate in retirement and savings plans; and

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‘‘(CC) cash bonuses and noncash com- pensation, such as stock options (whether or not based on performance).’’; and
(B) in subclause (III), by striking

‘‘$1,000’’ and inserting ‘‘$2,000’’.

SEC. 4223. INITIATION OF INVESTIGATIONS.

Subparagraph (G) of section 212(n)(2) (8 U.S.C. 1182(n)(2)) is amended—

(1) in clause (i), by striking ‘‘if the Secretary’’ and all that follows and inserting ‘‘with regard to the employer’s compliance with the requirements of this subsection.’’;

(2) in clause (ii), by striking ‘‘and whose iden- tity’’ and all that follows through ‘‘failure or fail- ures.’’ and inserting ‘‘the Secretary of Labor may conduct an investigation into the employer’s compli- ance with the requirements of this subsection.’’;

(3) in clause (iii), by striking the last sentence; (4) by striking clauses (iv) and (v);
(5) by redesignating clauses (vi), (vii), and (viii)

as clauses (iv), (v), and (vi), respectively;
(6) in clause (iv), as so redesignated, by strik-

ing ‘‘meet a condition described in clause (ii), unless the Secretary of Labor receives the information not later than 12 months’’ and inserting ‘‘comply with

EAS13500 S.L.C. 701

  1. 1  the requirements under this subsection, unless the
  2. 2  Secretary of Labor receives the information not later
  3. 3  than 24 months’’;
  4. 4  (7) by amending clause (v), as so redesignated,
  5. 5  to read as follows:
  6. 6  ‘‘(v) The Secretary of Labor shall provide no-
  7. 7  tice to an employer of the intent to conduct an in-
  8. 8  vestigation. The notice shall be provided in such a
  9. 9  manner, and shall contain sufficient detail, to permit
  10. 10  the employer to respond to the allegations before an
  11. 11  investigation is commenced. The Secretary is not re-
  12. 12  quired to comply with this clause if the Secretary de-
  13. 13  termines that such compliance would interfere with
  14. 14  an effort by the Secretary to investigate or secure
  15. 15  compliance by the employer with the requirements of
  16. 16  this subsection. A determination by the Secretary
  17. 17  under this clause shall not be subject to judicial re-
  18. 18  view.’’;
  19. 19  (8) in clause (vi), as so redesignated, by strik-
  20. 20  ing ‘‘An investigation’’ and all that follows through
  21. 21  ‘‘the determination.’’ and inserting ‘‘If the Secretary
  22. 22  of Labor, after an investigation under clause (i) or
  23. 23  (ii), determines that a reasonable basis exists to
  24. 24  make a finding that the employer has failed to com-
  25. 25  ply with the requirements under this subsection, the

EAS13500 S.L.C. 702

  1. 1  Secretary shall provide interested parties with notice
  2. 2  of such determination and an opportunity for a
  3. 3  hearing in accordance with section 556 of title 5,
  4. 4  United States Code, not later than 120 days after
  5. 5  the date of such determination.’’; and
  6. 6  (9) by adding at the end the following:
  7. 7  ‘‘(vii) If the Secretary of Labor, after a hear-
  8. 8  ing, finds a reasonable basis to believe that the em-
  9. 9  ployer has violated the requirements under this sub-
  10. 10  section, the Secretary shall impose a penalty under
  11. 11  subparagraph (C).’’.
  12. 12  SEC. 4224. INFORMATION SHARING.
  13. 13  Subparagraph (H) of section 212(n)(2) (8 U.S.C.
  14. 14  1182(n)(2)) is amended to read as follows:
  15. 15  ‘‘(H) The Director of United States Citizenship and
  16. 16  Immigration Services shall provide the Secretary of Labor
  17. 17  with any information contained in the materials submitted
  18. 18  by employers of H–1B nonimmigrants as part of the adju-
  19. 19  dication process that indicates that the employer is not
  20. 20  complying with visa program requirements for H–1B non-
  21. 21  immigrants. The Secretary may initiate and conduct an
  22. 22  investigation related to H–1B nonimmigrants and hearing
  23. 23  under this paragraph after receiving information of non-
  24. 24  compliance under this subparagraph. This subparagraph
  25. 25  may not be construed to prevent the Secretary of Labor

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from taking action related to wage and hour and work- place safety laws.’’.

CHAPTER 3—OTHER PROTECTIONS
SEC. 4231. POSTING AVAILABLE POSITIONS THROUGH THE

DEPARTMENT OF LABOR.

(a) DEPARTMENT OF LABOR WEBSITE.—Section 212(n) (8 U.S.C. 1182(n)) is amended by adding at the end following:

‘‘(6)(A) Not later than 90 days after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act, the Secretary of Labor shall establish a searchable Internet website for posting positions as required by paragraph (1)(C). Such website shall be available to the public without charge.

‘‘(B) The Secretary may work with private companies or nonprofit organizations to develop and operate the Internet website described in subparagraph (A).

‘‘(C) The Secretary may promulgate rules, after no- tice and a period for comment, to carry out the require- ments of this paragraph.’’.

(b) REQUIREMENT FOR PUBLICATION.—The Sec- retary of Labor shall submit to Congress and publish in the Federal Register and other appropriate media a notice of the date that the Internet website required by para-

EAS13500 S.L.C. 704

  1. 1  graph (6) of section 212(n) of such Act, as amended by
  2. 2  subsection (a), will be operational.
  3. 3  (c) APPLICATION.—The amendments made by sub-
  4. 4  section (a) shall apply to an application filed on or after
  5. 5  the date that is 30 days after the date described in sub-
  6. 6  section (b).
  7. 7  SEC. 4232. H–1B GOVERNMENT AUTHORITY AND REQUIRE-
  8. 8  MENTS.
  9. 9  (a) IMMIGRATION DOCUMENTS.—Section 204 (8
  10. 10  U.S.C. 1154) is amended by adding at the end the fol-
  11. 11  lowing:
  12. 12  ‘‘(m) EMPLOYER TO PROVIDE IMMIGRATION PAPER-
  13. 13  WORK EXCHANGED WITH FEDERAL AGENCIES.—
  14. 14  ‘‘(1) IN GENERAL.—Not later than 30 days
  15. 15  after a Labor Condition Application is filed, an em-
  16. 16  ployer shall provide an employee or beneficiary of
  17. 17  such Application who is or seeking to be an non-
  18. 18  immigrant described in subparagraph (H)(i)(b) of
  19. 19  (L) of section 101(a)(15) with a copy the original of
  20. 20  all applications and petitions filed by the employer
  21. 21  with the Department of Labor or the Department of
  22. 22  Homeland Security for such employee or beneficiary.
  23. 23  ‘‘(2) WITHHOLDING OF FINANCIAL OR PROPRI-
  24. 24  ETARY INFORMATION.—If a document required to be
  25. 25  provided to an employee or beneficiary under para-

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graph (1) includes any financial or propriety infor- mation of the employer, the employer may redact such information from the copies provided to such employee or beneficiary.’’.

(b) REPORT ON JOB CLASSIFICATION AND WAGE DETERMINATIONS.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall prepare a report analyzing the ac- curacy and effectiveness of the Secretary of Labor’s cur- rent job classification and wage determination system. The report shall—

(1) specifically address whether the systems in place accurately reflect the complexity of current job types as well as geographic wage differences; and

(2) make recommendations concerning nec- essary updates and modifications.

SEC. 4233. REQUIREMENTS FOR INFORMATION FOR H–1B AND L NONIMMIGRANTS.

Section 214 (8 U.S.C. 1184), as amended by section 3608, is further amended by adding at the end the fol- lowing:

‘‘(t) REQUIREMENTS FOR INFORMATION FOR H–1B AND L NONIMMIGRANTS.—

‘‘(1) IN GENERAL.—Upon issuing a visa to an applicant for nonimmigrant status pursuant to sub-

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paragraph (H)(i)(b) or (L) of section 101(a)(15) who is outside the United States, the issuing office shall provide the applicant with—

‘‘(A) a brochure outlining the obligations of the applicant’s employer and the rights of the applicant with regard to employment under Federal law, including labor and wage protec- tions; and

‘‘(B) the contact information for appro- priate Federal agencies or departments that offer additional information or assistance in clarifying such obligations and rights.
‘‘(2) PROVISION OF MATERIAL.—Upon the ap-

proval of an application of an applicant referred to in paragraph (1), the applicant shall be provided with the material described in subparagraphs (A) and (B) of paragraph (1)—

‘‘(A) by the issuing officer of the Depart- ment of Homeland Security, if the applicant is inside the United States; or

‘‘(B) by the appropriate official of the De- partment of State, if the applicant is outside the United States.’’.

EAS13500 S.L.C. 707

  1. 1  SEC. 4234. FILING FEE FOR H–1B-DEPENDENT EMPLOYERS.
  2. 2  (a) IN GENERAL.—Notwithstanding any other provi-
  3. 3  sion of law, there shall be a fee required to be submitted
  4. 4  by an employer with an application for admission of an
  5. 5  H–1B nonimmigrant as follows:
  6. 6  (1) For each of the fiscal years 2015 through
  7. 7  2024, $5,000 for applicants that employ 50 or more
  8. 8  employees in the United States if more than 30 per-
  9. 9  cent and less than 50 percent of the applicant’s em-
  10. 10  ployees are H–1B nonimmigrants or L non-
  11. 11  immigrants.
  12. 12  (2) For each of the fiscal years 2015 through
  13. 13  2017, $10,000 for applicants that employ 50 or
  14. 14  more employees in the United States if more than
  15. 15  50 percent and less than 75 percent of the appli-
  16. 16  cant’s employees are H–1B nonimmigrants or L
  17. 17  nonimmigrants.
  18. 18  (b) DEFINITIONS.—In this section:
  19. 19  (1) EMPLOYER.—The term ‘‘employer’’—
  20. 20  (A) means any entity or entities treated as
  21. 21  a single employer under subsection (b), (c),
  22. 22  (m), or (o) of section 414 of the Internal Rev-
  23. 23  enue Code of 1986; and
  24. 24  (B) does not include a nonprofit institution
  25. 25  of higher education or a nonprofit research or-
  26. 26  ganization described in section 501(c)(3) of the

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Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code that is—

(i) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))); or

(ii) a research organization.
(2) H–1B NONIMMIGRANT.—The term ‘‘H–1B nonimmigrant’’ means an alien admitted as a non- immigrant pursuant to section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C.

1101(a)(15)(H)(i)(b)).
(3) INTENDING IMMIGRANT.—The term ‘‘in-

tending immigrant’’ has the meaning given that term in paragraph (53) of section 101(a) of the Im- migration and Nationality Act (8 U.S.C. 1101(a)).

(4) L NONIMMIGRANT.—The term ‘‘L non- immigrant’’ means an alien admitted as a non- immigrant pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) to provide services to the alien’s employer involving specialized knowledge.

(c) EXCEPTION FOR INTENDING IMMIGRANTS.—In determining the percentage of employees of an employer

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that are H–1B nonimmigrants or L nonimmigrants under subsection (a), an intending immigrant employee shall not count toward such percentage.

(d) CONFORMING AMENDMENT.—Section 402 of the Act entitled ‘‘An Act making emergency supplemental ap- propriations for border security for the fiscal year ending September 30, 2010, and for other purposes’’, approved August 13, 2010 (Public Law 111–230; 8 U.S.C. 1101 note) is amended by striking subsection (b).
SEC. 4235. PROVIDING PREMIUM PROCESSING OF EMPLOY-

MENT-BASED VISA PETITIONS.

Pursuant to section 286(u) of the Immigration and Nationality Act (8 U.S.C. 1356(u)), the Secretary shall establish and collect—

(1) a fee for premium processing of employ- ment-based immigrant petitions; and

(2) a fee for premium processing of an adminis- trative appeal of any decision on a permanent em- ployment-based immigrant petition.

SEC. 4236. TECHNICAL CORRECTION.

Section 212 (8 U.S.C. 1182) is amended by redesig- nating the second subsection (t), as added by section 1(b)(2)(B) of the Act entitled ‘‘An Act to amend and ex- tend the Irish Peace Process Cultural and Training Pro-

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gram Act of 1998’’ (Public Law 108–449 (118 Stat. 3470)), as subsection (u).
SEC. 4237. APPLICATION.

Except as specifically otherwise provided, the amend- ments made by this subtitle shall apply to applications filed on or after the date of the enactment of this Act.

Subtitle C—L Visa Fraud and Abuse Protections
SEC. 4301. PROHIBITION ON OUTPLACEMENT OF L NON-

IMMIGRANTS.

Subparagraph (F) of section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended to read as follows:

‘‘(F) The employer of an alien described in section 101(a)(15)(L) shall not place, outsource, lease, or other- wise contract for the services or placement of such alien

with

another employer unless—
‘‘(i) the other employer is an affiliate, sub-

sidiary, or parent entity of the petitioning employer; ‘‘(ii) such alien will not be controlled or super- vised principally by the employer with whom such

alien would be placed;
‘‘(iii) the placement of such alien at the work-

site of the other employer, who is not described in clause (i), is not essentially an arrangement to pro- vide labor for hire for the other employer; and

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‘‘(iv) the other employer attests that the other employer has not displaced and will not displace a United States worker during the period beginning 90 days prior to and 90 days after the date the em- ployer files the application.’’.

SEC. 4302. L EMPLOYER PETITION REQUIREMENTS FOR EMPLOYMENT AT NEW OFFICES.

Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended by adding at the end the following:

‘‘(G)(i) If the beneficiary of a petition under this paragraph is coming to the United States to open, or be employed in, a new office, the petition may be approved for up to 12 months only if—

‘‘(I) the alien has not been the beneficiary of 2 or more petitions under this subparagraph during the immediately preceding 2 years; and

‘‘(II) the employer operating the new office has—

‘‘(aa) an adequate business plan;

‘‘(bb) sufficient physical premises to carry out the proposed business activities; and

‘‘(cc) the financial ability to commence doing business immediately upon the approval of the petition.

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‘‘(ii) An extension of the approval period under clause (i) may not be granted until the importing employer sub- mits an application to the Secretary of Homeland Security

that

contains—
‘‘(I) evidence that the importing employer

meets the requirements of this subsection;
‘‘(II) evidence that the beneficiary of the peti- tion is eligible for nonimmigrant status under sec-

tion 101(a)(15)(L);
‘‘(III) a statement summarizing the original pe-

tition;
‘‘(IV) evidence that the importing employer has

complied with the business plan submitted under clause (i)(I);

‘‘(V) evidence of the truthfulness of any rep- resentations made in connection with the filing of the original petition;

‘‘(VI) evidence that the importing employer has been doing business at the new office through reg- ular, systematic, and continuous provision of goods and services;

‘‘(VII) a statement of the duties the beneficiary has performed at the new office during the approval period under clause (i) and the duties the beneficiary

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  1. 12  L–1
  2. 13  ness
  3. 14  vision of goods and services.
  4. 15  ‘‘(iv) Notwithstanding clause (ii), and subject to the
  5. 16  maximum period of authorized admission set forth in sub-
  6. 17  paragraph (D), the Secretary of Homeland Security, in
  7. 18  the Secretary’s discretion, may approve a subsequently
  8. 19  filed petition on behalf of the beneficiary to continue em-
  9. 20  ployment at the office described in this subparagraph for
  10. 21  a period beyond the initially granted 12-month period if
  11. 22  the importing employer has been doing business at the
  12. 23  new office through regular, systematic, and continuous
  13. 24  provision of goods and services for the 6 months imme-
  14. 25  diately preceding the date of extension of petition filing

will perform at the new office during the extension period granted under this clause;

‘‘(VIII) a statement describing the staffing at the new office, including the number of employees and the types of positions held by such employees;

‘‘(IX) evidence of wages paid to employees;

‘‘(X) evidence of the financial status of the new office; and

‘‘(XI) any other evidence or data prescribed by the Secretary.

‘‘(iii) A new office employing the beneficiary of an petition approved under this paragraph shall do busi- only through regular, systematic, and continuous pro-

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and demonstrates that the failure to satisfy any of the requirements described in those subclauses was directly caused by extraordinary circumstances, as determined by the Secretary in the Secretary’s discretion.’’.

SEC. 4303. COOPERATION WITH SECRETARY OF STATE.

Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by section 4302, is further amended by adding at the end the following:

‘‘(H) For purposes of approving petitions under this paragraph, the Secretary of Homeland Security shall work cooperatively with the Secretary of State to verify the ex- istence or continued existence of a company or office in the United States or in a foreign country.’’.

SEC. 4304. LIMITATION ON EMPLOYMENT OF L NON- IMMIGRANTS.

Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by sections 4302 and 4303, is further amended by adding at the end the following:

‘‘(I)(i) If the employer employs 50 or more employees in the United States, the sum of the number of such em- ployees who are H–1B nonimmigrants plus the number of such employees who are L nonimmigrants may not ex- ceed—

‘‘(I) 75 percent of the total number of employ- ees, for fiscal year 2015;

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‘‘(II) 65 percent of the total number of employ- ees, for fiscal year 2016; and

‘‘(III) 50 percent of the total number of em- ployees, for each fiscal year after fiscal year 2016. ‘‘(ii) In this subparagraph:

‘‘(I) The term ‘employer’ does not include a nonprofit institution of higher education or a non- profit research organization/an organization de- scribed in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code that is—

‘‘(aa) an institution of higher education (as defined in section 101(a) of the Higher Edu- cation Act of 1965 (20 U.S.C. 1001(a))); or

‘‘(bb) a research organization.
‘‘(II) The term ‘H–1B nonimmigrant’ means an

alien admitted as a nonimmigrant pursuant to sec- tion 101(a)(15)(H)(i)(b).

‘‘(III) The term ‘L nonimmigrant’ means an alien admitted as a nonimmigrant pursuant to sec- tion 101(a)(15)(L) to provide services to the alien’s employer involving specialized knowledge.
‘‘(iii) In determining the percentage of employees of

an employer that are H–1B nonimmigrants or L non-

EAS13500 S.L.C. 716

  1. 1  immigrants under clause (i), an intending immigrant em-
  2. 2  ployee shall not count toward such percentage.’’.
  3. 3  SEC. 4305. FILING FEE FOR L NONIMMIGRANTS.
  4. 4  (a) IN GENERAL.—Notwithstanding any other provi-
  5. 5  sion of law, the filing fee for an application for admission
  6. 6  of an L nonimmigrant shall be as follows:
  7. 7  (1) For each of the fiscal years 2014 through
  8. 8  2024, $5,000 for applicants that employ 50 or more
  9. 9  employees in the United States if more than 30 per-
  10. 10  cent and less than 50 percent of the applicant’s em-
  11. 11  ployees are H–1B nonimmigrants or L non-
  12. 12  immigrants.
  13. 13  (2) For each of the fiscal years 2014 through
  14. 14  2017, $10,000 for applicants that employ 50 or
  15. 15  more employees in the United States if more than
  16. 16  50 percent and less than 75 percent of the appli-
  17. 17  cant’s employees are H–1B nonimmigrants or L
  18. 18  nonimmigrants.
  19. 19  (b) DEFINITIONS.—In this section:
  20. 20  (1) EMPLOYER.—The term ‘‘employer’’ does
  21. 21  not include a nonprofit institution of higher edu-
  22. 22  cation or a nonprofit research organization/an orga-
  23. 23  nization described in section 501(c)(3) of the Inter-
  24. 24  nal Revenue Code of 1986 and exempt from taxation
  25. 25  under 501(a) of that Code that is—

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(A) an institution of higher education (as defined in section 101(a) of the Higher Edu- cation Act of 1965 (20 U.S.C. 1001(a))); or

(B) a research organization.
(2) H–1B NONIMMIGRANT.—The term ‘‘H–1B

nonimmigrant’’ means an alien admitted as a non- immigrant pursuant to section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)).

(3) L NONIMMIGRANT.—The term ‘‘L non- immigrant’’ means an alien admitted as a non- immigrant pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) to provide services to the alien’s employer involving specialized knowledge.

(c) EXCEPTION FOR INTENDING IMMIGRANTS.—In determining the percentage of employees of an employer that are H–1B nonimmigrants or L nonimmigrants under subsection (a), an intending immigrant employee shall not count toward such percentage.

(d) CONFORMING AMENDMENT.—Section 402 of the Act entitled ‘‘An Act making emergency supplemental ap- propriations for border security for the fiscal year ending September 30, 2010, and for other purposes’’, approved August 13, 2010 (Public Law 111–230; 8 U.S.C. 1101

EAS13500 S.L.C. 718

  1. 1  note), as amended by section 4234(d), is further amended
  2. 2  by striking subsections (a) and (c).
  3. 3  SEC. 4306. INVESTIGATION AND DISPOSITION OF COM-
  4. 4  PLAINTS AGAINST L NONIMMIGRANT EM-
  5. 5  PLOYERS.
  6. 6  Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended
  7. 7  by sections 4302, 4303, and 4304 is further amended by
  8. 8  adding at the end the following:
  9. 9  ‘‘(J)(i) The Secretary of Homeland Security may ini-
  10. 10  tiate an investigation of any employer that employs non-
  11. 11  immigrants described in section 101(a)(15)(L) with re-
  12. 12  gard to the employer’s compliance with the requirements
  13. 13  of this subsection.
  14. 14  ‘‘(ii)(I) If the Secretary receives specific credible in-
  15. 15  formation from a source who is likely to have knowledge
  16. 16  of an employer’s practices, employment conditions, or
  17. 17  compliance with the requirements under this subsection,
  18. 18  the Secretary may conduct an investigation into the em-
  19. 19  ployer’s compliance with the requirements of this sub-
  20. 20  section.
  21. 21  ‘‘(II) The Secretary may withhold the identity of a
  22. 22  source referred to in subclause (I) from an employer and
  23. 23  the identity of such source shall not be subject to disclo-
  24. 24  sure under section 552 of title 5, United States Code.

EAS13500 S.L.C. 719

  1. 1  ‘‘(iii) The Secretary shall establish a procedure for
  2. 2  any person desiring to provide to the Secretary informa-
  3. 3  tion described in clause (ii)(I) that may be used, in whole
  4. 4  or in part, as the basis for the commencement of an inves-
  5. 5  tigation described in such clause, to provide the informa-
  6. 6  tion in writing on a form developed and provided by the
  7. 7  Secretary and completed by or on behalf of the person.
  8. 8  ‘‘(iv) No investigation described in clause (ii)(I) (or
  9. 9  hearing described in clause (vi) based on such investiga-
  10. 10  tion) may be conducted with respect to information about
  11. 11  a failure to comply with the requirements under this sub-
  12. 12  section, unless the Secretary receives the information not
  13. 13  later than 24 months after the date of the alleged failure.
  14. 14  ‘‘(v)(I) Subject to subclause (III), before commencing
  15. 15  an investigation of an employer under clause (i) or (ii),
  16. 16  the Secretary shall provide notice to the employer of the
  17. 17  intent to conduct such investigation.
  18. 18  ‘‘(II) The notice required by subclause (I) shall be
  19. 19  provided in such a manner, and shall contain sufficient
  20. 20  detail, to permit the employer to respond to the allegations
  21. 21  before an investigation is commenced.
  22. 22  ‘‘(III) The Secretary is not required to comply with
  23. 23  this clause if the Secretary determines that to do so would
  24. 24  interfere with an effort by the Secretary to investigate or

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secure compliance by the employer with the requirements of this subsection.

‘‘(IV) There shall be no judicial review of a deter- mination by the Secretary under this clause.

‘‘(vi) If the Secretary, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary shall provide the interested parties with notice of such de- termination and an opportunity for a hearing in accord- ance with section 556 of title 5, United S