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

llllllllll

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

1 2 3 4 5 6 7 8

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.

2 3 4

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

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1 2 3 4 5 6 7 8 9

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.

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

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

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

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

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

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1 2 3 4 5 6 7 8 9

(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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1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 17

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

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1 2 3 4 5 6 7 8 9

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 2 3 4 5 6 7 8 9

(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;

(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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1 2 3 4 5 6 7 8 9

(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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1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 23

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

EAS13500 S.L.C. 24

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

EAS13500 S.L.C. 25

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

EAS13500 S.L.C. 26

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

EAS13500 S.L.C. 27

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

EAS13500 S.L.C. 28

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

EAS13500 S.L.C. 29

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

EAS13500 S.L.C. 30

1 2 3 4 5 6 7 8 9

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

19 20

21 this
22 of an amendment to, or repeal of, a section or other provi-
23 sion, the reference shall be considered to be made to a
24 section or other provision of the Immigration and Nation-
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

EAS13500 S.L.C. 32

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 34

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

EAS13500 S.L.C. 35

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

(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

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 38

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

EAS13500 S.L.C. 39

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

EAS13500 S.L.C. 40

1 2 3 4 5 6 7 8 9

(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.

EAS13500 S.L.C. 41

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

EAS13500 S.L.C. 42

1 2 3 4 5 6 7 8 9

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;

EAS13500 S.L.C. 43

1 2 3 4 5 6 7 8 9

(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;

EAS13500 S.L.C. 44

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 46

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

EAS13500 S.L.C. 47

1 2 3 4 5 6 7 8 9

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.

EAS13500 S.L.C. 48

1 2 3 4 5 6 7 8 9

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

(i) complied with Department policy; or

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

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1 2 3 4 5 6 7 8 9

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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1 2 3 4 5 6 7 8 9

(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.—

EAS13500 S.L.C. 51

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

EAS13500 S.L.C. 52

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 53

1 2 3 4 5 6 7 8 9

(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.

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

EAS13500 S.L.C. 54

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

EAS13500 S.L.C. 55

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 56

1 2 3 4 5 6 7 8 9

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-

EAS13500 S.L.C. 57

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

EAS13500 S.L.C. 58

1 2 3 4 5 6 7 8 9

(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-

EAS13500 S.L.C. 59

1 2 3 4 5 6 7 8 9

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);

EAS13500 S.L.C. 60

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 62

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

EAS13500 S.L.C. 63

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

EAS13500 S.L.C. 64

1 2 3 4 5 6 7 8 9

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

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 67

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 69

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

EAS13500 S.L.C. 70

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

EAS13500 S.L.C. 71

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

EAS13500 S.L.C. 72

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

EAS13500 S.L.C. 73

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

19 sion 20
21
22

23 24 25

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

EAS13500 S.L.C. 75

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

EAS13500 S.L.C. 76

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

EAS13500 S.L.C. 77

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

EAS13500 S.L.C. 78

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 80

1 2 3 4 5 6 7 8 9

‘‘(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—

EAS13500 S.L.C. 81

1 2 3 4 5 6 7 8 9

‘‘(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

EAS13500 S.L.C. 82

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 84

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

EAS13500 S.L.C. 85

1 2 3 4 5 6 7 8 9

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.

EAS13500 S.L.C. 86

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 88

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

EAS13500 S.L.C. 89

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 91

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

EAS13500 S.L.C. 92

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

EAS13500 S.L.C. 93

1 2 3 4 5 6 7 8 9

‘‘(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.’’.

EAS13500 S.L.C. 94

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 96

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

EAS13500 S.L.C. 97

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

EAS13500 S.L.C. 98

1 2 3 4 5 6 7 8 9

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;

EAS13500 S.L.C. 99

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 101

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

EAS13500 S.L.C. 102

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

EAS13500 S.L.C. 103

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

EAS13500 S.L.C. 104

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

EAS13500 S.L.C. 105

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

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1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 108

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

EAS13500 S.L.C. 109

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

EAS13500 S.L.C. 110

1 2 3 4 5 6 7 8 9

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.

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1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 113

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

EAS13500 S.L.C. 114

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

EAS13500 S.L.C. 115

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

EAS13500 S.L.C. 116

1 2 3 4 5 6 7 8 9

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..’’.

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

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1 2 3 4 5 6 7 8 9

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

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1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 121

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

EAS13500 S.L.C. 122

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

EAS13500 S.L.C. 123

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

EAS13500 S.L.C. 124

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

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1 2 3 4 5 6 7 8 9

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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1 2 3 4 5 6 7 8 9

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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1 2 3 4 5 6 7 8 9

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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1 2 3 4 5 6 7 8 9

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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1 2 3 4 5 6 7 8

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

EAS13500 S.L.C. 132

1 2 3 4 5 6 7 8 9

(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;

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

EAS13500 S.L.C. 133

1 2 3 4 5 6 7 8 9

(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

(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

EAS13500 S.L.C. 134

1 2 3 4 5 6 7 8 9

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;

‘‘(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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1 2 3 4 5 6 7 8 9

(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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1 2 3 4 5 6 7 8 9

(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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1 2 3 4 5 6 7 8 9

(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’’.

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

EAS13500 S.L.C. 139

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

EAS13500 S.L.C. 140

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

EAS13500 S.L.C. 141

1 2 3 4 5 6 7 8 9

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

5
6
7 AND 8
9

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

EAS13500 S.L.C. 144

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

EAS13500 S.L.C. 145

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

EAS13500 S.L.C. 146

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

EAS13500 S.L.C. 147

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

EAS13500 S.L.C. 148

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

EAS13500 S.L.C. 149

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

EAS13500 S.L.C. 150

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

EAS13500 S.L.C. 151

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 153

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 155

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

EAS13500 S.L.C. 156

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 158

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

EAS13500 S.L.C. 159

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

EAS13500 S.L.C. 160

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

EAS13500 S.L.C. 161

1 2 3 4 5 6 7 8 9

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.

EAS13500 S.L.C. 162

1 2 3 4 5 6 7 8 9

(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.

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-

EAS13500 S.L.C. 163

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 164

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 165

1 2 3 4 5 6 7 8 9

(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.—

EAS13500 S.L.C. 166

1 2 3 4 5 6 7 8 9

(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.

EAS13500 S.L.C. 167

1 2 3 4 5 6 7 8 9

(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.

(1) CONDITIONS OF BLUE CARD STATUS.—

EAS13500 S.L.C. 168

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

EAS13500 S.L.C. 169

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 170

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 172

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

EAS13500 S.L.C. 173

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

EAS13500 S.L.C. 174

1 2 3 4 5 6 7 8 9

(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-

EAS13500 S.L.C. 175

1 2 3 4 5 6 7 8 9

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

(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;

EAS13500 S.L.C. 176

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 178

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

EAS13500 S.L.C. 179

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 181

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

EAS13500 S.L.C. 182

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

EAS13500 S.L.C. 183

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

EAS13500 S.L.C. 184

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

EAS13500 S.L.C. 185

1 2 3 4 5 6 7 8 9

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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1 2 3 4 5 6 7 8 9

(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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1 2 3 4 5 6 7 8 9

(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

EAS13500 S.L.C. 188

1 2 3 4 5 6 7 8 9

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

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

EAS13500 S.L.C. 190

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

EAS13500 S.L.C. 191

1 2 3 4 5 6 7 8 9

‘‘(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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1 2 3 4 5 6 7 8 9

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

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1 2 3 4 5 6 7 8 9

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

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1 2 3 4 5 6 7 8 9

‘‘(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;

EAS13500 S.L.C. 197

1 2 3 4 5 6 7 8 9

‘‘(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);

EAS13500 S.L.C. 198

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

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1 2 3 4 5 6 7 8 9

‘‘(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.

EAS13500 S.L.C. 200

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

EAS13500 S.L.C. 201

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 202

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

EAS13500 S.L.C. 203

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

EAS13500 S.L.C. 204

1 2 3 4 5 6 7 8 9

‘‘(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-

EAS13500 S.L.C. 205

1 2 3 4 5 6 7 8 9

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.—

EAS13500 S.L.C. 206

1 2 3 4 5 6 7 8 9

‘‘(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

EAS13500 S.L.C. 207

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

EAS13500 S.L.C. 208

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

EAS13500 S.L.C. 209

1 2 3 4 5 6 7 8 9

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

EAS13500 S.L.C. 211

1 2 3 4 5 6 7 8 9

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

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

EAS13500 S.L.C. 213

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

EAS13500 S.L.C. 214

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

EAS13500 S.L.C. 215

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

EAS13500 S.L.C. 216

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

EAS13500 S.L.C. 217

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

EAS13500 S.L.C. 218

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

EAS13500 S.L.C. 219

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

EAS13500 S.L.C. 220

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

EAS13500 S.L.C. 221

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

EAS13500 S.L.C. 222

1 to workers who reside outside of the
2 United States if their place of residence is
3 within normal commuting distance and the
4 job site is within 50 miles of an inter-
5 national land border of the United States.
6 ‘‘(H) WORKSITE TRANSPORTATION FOR
7 CONTRACT WORKERS.—During the period a
8 designated agricultural employer employs a con-
9 tract worker, such employer shall, at the em-
10 ployer’s option, provide or reimburse the con-
11 tract worker for the cost of transportation from
12 the contract worker’s residence in the United
13 States to the contract worker’s place of employ-
14 ment.
15 ‘‘(I) REIMBURSEMENT OF TRANSPOR-
16 TATION TO PLACE OF EMPLOYMENT.—
17 ‘‘(i) IN GENERAL.—Except as pro-
18 vided in subclause (II) a contract agricul-
19 tural worker who completes at least 27
20 months under his or her contract with the
21 same designated agricultural employer
22 shall be reimbursed by that employer for
23 the cost of the worker’s transportation and
24 subsistence from the place of employment

EAS13500 S.L.C. 223

1 2 3 4 5 6 7 8 9

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 ‘‘(I) IN GENERAL.—Except as
2 provided in subclause (II), a contract
3 agricultural worker who completes at
4 least 75 percent of a contract for a
5 designated agricultural employer shall
6 be reimbursed by the employer for the
7 cost of the worker’s transportation
8 and subsistence from the place of em-
9 ployment to the place from which the
10 worker came to work for the em-
11 ployer.
12 ‘‘(II) EXCEPTION.—If a contract
13 agricultural worker was employed by
14 another designated agricultural work-
15 er after terminating employment with
16 the designated agricultural employer
17 described in subclause (I) and before
18 returning to the place outside the
19 United States from which the worker
20 came, the subsequent designated agri-
21 cultural employer shall reimburse the
22 worker for the costs described in sub-
23 clause (I).
24 ‘‘(III) SINGLE TRIP.—A contract
25 agricultural worker is only entitled to

EAS13500 S.L.C. 225

1 2 3 4 5 6 7 8 9

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

1 2 3 4 5 6 7 8 9

‘‘(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 by the piece rate or other incentive method and
2 requires one or more minimum productivity
3 standards as a condition of job retention, such
4 standards shall be specified in the job offer and
5 be no more than those which have been nor-
6 mally required (at the time of the employee’s
7 initial entry into the country as a nonimmigrant
8 agricultural worker) by other employers for the
9 activity in the geographic area of the job, unless
10 the Secretary approves a higher standard.
11 ‘‘(2) JOB CATEGORIES.—For purposes of para-
12 graph (1), each nonimmigrant agricultural worker
13 employed by such employer shall be assigned to 1 of
14 the following standard occupational classifications,
15 as defined by the Bureau of Labor Statistics:
16 ‘‘(A) First-Line Supervisors of Farming,
17 Fishing, and Forestry Workers (45–1011).
18 ‘‘(B) Animal Breeders (45-2021).
19 ‘‘(C) Graders and Sorters, Agricultural
20 Products (45–2041).
21 ‘‘(D) Agricultural equipment operator (45–
22 2091).
23 ‘‘(E) Farmworkers and Laborers, Crop,
24 Nursery, and Greenhouse (45–2092).

EAS13500 S.L.C. 228

1 2 3 4 5 6 7 8 9

‘‘(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

1 2 3 4 5 6 7 8 9

‘‘(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

1 2 3 4 5 6 7 8 9

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 versely affect the wages and working conditions
2 of workers in the United States similarly em-
3 ployed;
4 ‘‘(B) whether the employment in the
5 United States of an alien admitted under sec-
6 tion 101(a)(15)(H)(ii)(a) or unauthorized aliens
7 in the agricultural workforce has depressed
8 wages of United States workers engaged in ag-
9 ricultural employment below the levels that
10 would otherwise have prevailed if such aliens
11 had not been employed in the United States;
12 ‘‘(C) whether wages of agricultural workers
13 are sufficient to support such workers and their
14 families at a level above the poverty thresholds
15 determined by the Bureau of Census;
16 ‘‘(D) the wages paid workers in the United
17 States who are not employed in agricultural em-
18 ployment but who are employed in comparable
19 employment;
20 ‘‘(E) the continued exclusion of employers
21 of nonimmigrant alien workers in agriculture
22 from the payment of taxes under chapter 21 of
23 the Internal Revenue Code of 1986 (26 U.S.C.
24 3101 et seq.) and chapter 23 of such Code (26
25 U.S.C. 3301 et seq.);

EAS13500 S.L.C. 232

1 2 3 4 5 6 7 8 9

‘‘(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

1 2 3 4 5 6 7 8 9

‘‘(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 the same wages, benefits, and working con-
2 ditions described in this section.
3 ‘‘(iii) EXCEPTION.—Notwithstanding
4 subparagraph (2), an employer is not re-
5 quired to provide housing for similarly sit-
6 uated United States workers, other than
7 United States workers recruited and hired
8 pursuant to an offer of employment in con-
9 nection with an application.
10 ‘‘(B) ATTESTATION.—
11 ‘‘(i) IN GENERAL.—Each designated
12 agricultural employer shall include an at-
13 testation that the employer is or is not a
14 Program dependent employer in its peti-
15 tion for nonimmigrant agricultural workers
16 under paragraph (2).
17 ‘‘(ii) PROGRAM DEPENDENT EM-
18 PLOYER DETERMINATION.—Each des-
19 ignated agricultural employer shall annu-
20 ally determine whether the employer is a
21 Program dependent employer, with at least
22 60 percent of its employees who are not
23 United States workers, based upon—
24 ‘‘(I) the total number of employ-
25 ees employed by an employer during

EAS13500 S.L.C. 235

1 the preceding calendar year, as evi-
2 denced by the employer’s payroll
3 records; and
4 ‘‘(II) the employer’s E-Verify
5 records indicating the citizenship and
6 alien status of each employee em-
7 ployed by the employer.
8 ‘‘(C) HOUSING EXCEPTION.—An employer
9 described in subparagraph (A) shall only be re-
10 quired to provide housing to United States
11 workers in accordance with subsection
12 (e)(4)(H) if such workers do not reside within
13 100 miles of their place of employment.
14 ‘‘(g) WORKER PROTECTIONS AND DISPUTE RESOLU-
15 TION.—
16 ‘‘(1) EQUALITY OF TREATMENT.—Non-
17 immigrant agricultural workers shall not be denied
18 any right or remedy under any Federal, State, or
19 local labor or employment law applicable to United
20 States workers engaged in agricultural employment.
21 ‘‘(2) APPLICABILITY OF THE MIGRANT AND
22 SEASONAL AGRICULTURAL WORKER PROTECTION
23 ACT.—
24 ‘‘(A) MIGRANT AND SEASONAL AGRICUL-
25 TURAL WORKER PROTECTION ACT.—Non-

EAS13500 S.L.C. 236

1 immigrant agricultural workers shall be consid-
2 ered migrant agricultural workers for purposes
3 of the Migrant and Seasonal Agricultural Work-
4 er Protection Act (29 U.S.C. 1801 et seq.).
5 ‘‘(B) ELIGIBILITY OF NONIMMIGRANT AG-
6 RICULTURAL WORKERS FOR CERTAIN LEGAL
7 ASSISTANCE.—A nonimmigrant agricultural
8 worker shall be considered to be lawfully admit-
9 ted for permanent residence for purposes of es-
10 tablishing eligibility for legal services under the
11 Legal Services Corporation Act (42 U.S.C.
12 2996 et seq.) on matters relating to wages,
13 housing, transportation, and other employment
14 rights.
15 ‘‘(C) MEDIATION.—
16 ‘‘(i) FREE MEDIATION SERVICES.—
17 The Federal Mediation and Conciliation
18 Service shall be available to assist in re-
19 solving disputes arising under this section
20 between nonimmigrant agricultural work-
21 ers and designated agricultural employers
22 without charge to the parties.
23 ‘‘(ii) COMPLAINT.—If a nonimmigrant
24 agricultural worker files a complaint under
25 section 504 of the Migrant and Seasonal

EAS13500 S.L.C. 237

1 Agricultural Worker Protection Act (29
2 U.S.C. 1854), not later than 60 days after
3 the filing of proof of service of the com-
4 plaint, a party to the action may file a re-
5 quest with the Federal Mediation and Con-
6 ciliation Service to assist the parties in
7 reaching a satisfactory resolution of all
8 issues involving all parties to the dispute.
9 ‘‘(iii) NOTICE.—Upon filing a request
10 under clause (ii) and giving of notice to the
11 parties, the parties shall attempt mediation
12 within the period specified in clause (iv).
13 ‘‘(iv) 90-DAY LIMIT.—The Federal
14 Mediation and Conciliation Service may
15 conduct mediation or other nonbinding dis-
16 pute resolution activities for a period not
17 to exceed 90 days beginning on the date on
18 which the Federal Mediation and Concilia-
19 tion Service receives a request for assist-
20 ance under clause (ii) unless the parties
21 agree to an extension of such period.
22 ‘‘(v) AUTHORIZATION OF APPROPRIA-
23 TIONS.—
24 ‘‘(I) IN GENERAL.—Subject to
25 clause (II), there are authorized to be

EAS13500 S.L.C. 238

1 2 3 4 5 6 7 8 9

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.

EAS13500 S.L.C. 239

1 2 3 4 5 6 7 8 9

‘‘(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 to in clause (i) not later than 1 year after
2 the date of the failure or misrepresenta-
3 tion, respectively.
4 ‘‘(iii) INVESTIGATION OR HEARING.—
5 The Secretary of Labor shall conduct an
6 investigation if there is reasonable cause to
7 believe that such failure or misrepresenta-
8 tion has occurred.
9 ‘‘(B) DETERMINATION ON COMPLAINT.—
10 Under such process, the Secretary of Labor
11 shall provide, not later than 30 days after the
12 date on which such a complaint is filed, for a
13 determination as to whether or not a reasonable
14 basis exists to make a finding described in sub-
15 paragraph (C), (D), (E), or (F). If the Sec-
16 retary of Labor determines that such a reason-
17 able basis exists, the Secretary of Labor shall
18 provide for notice of such determination to the
19 interested parties and an opportunity for a
20 hearing on the complaint, in accordance with
21 section 556 of title 5, United States Code, with-
22 in 60 days after the date of the determination.
23 If such a hearing is requested, the Secretary of
24 Labor shall make a finding concerning the mat-
25 ter not later than 60 days after the date of the

EAS13500 S.L.C. 241

1 hearing. In the case of similar complaints re-
2 specting the same applicant, the Secretary of
3 Labor may consolidate the hearings under this
4 subparagraph on such complaints.
5 ‘‘(C) FAILURE TO MEET CONDITIONS.—If
6 the Secretary of Labor finds, after notice and
7 opportunity for a hearing, a failure to meet a
8 condition under subsection (e) or (f), or made
9 a material misrepresentation of fact in a peti-
10 tion under subsection (e)(2)—
11 ‘‘(i) the Secretary of Labor shall no-
12 tify the Secretary of such finding and may,
13 in addition, impose such other administra-
14 tive remedies (including civil money pen-
15 alties in an amount not to exceed $1,000
16 per violation) as the Secretary of Labor
17 determines to be appropriate; and
18 ‘‘(ii) the Secretary may disqualify the
19 designated agricultural employer from the
20 employment of nonimmigrant agricultural
21 workers for a period of 1 year.
22 ‘‘(D) WILLFUL FAILURES AND WILLFUL
23 MISREPRESENTATIONS.—If the Secretary of
24 Labor finds, after notice and opportunity for
25 hearing, a willful failure to meet a condition

EAS13500 S.L.C. 242

1 under subsection (e) or (f) or a willful misrepre-
2 sentation of a material fact in an application or
3 petition under paragraph (1) or (2) of sub-
4 section (e)—
5 ‘‘(i) the Secretary of Labor shall no-
6 tify the Secretary of such finding and may,
7 in addition, impose such other administra-
8 tive remedies (including civil money pen-
9 alties in an amount not to exceed $5,000
10 per violation) as the Secretary of Labor
11 determines to be appropriate;
12 ‘‘(ii) the Secretary of Labor may seek
13 appropriate legal or equitable relief to ef-
14 fectuate the purposes of subsection (e)(8);
15 and
16 ‘‘(iii) the Secretary may disqualify the
17 designated agricultural employer from the
18 employment of nonimmigrant agricultural
19 workers for a period of 2 years.
20 ‘‘(E) DISPLACEMENT OF UNITED STATES
21 WORKERS.—If the Secretary of Labor finds,
22 after notice and opportunity for hearing, a will-
23 ful failure to meet a condition under subsection
24 (e) or (f) or a willful misrepresentation of a ma-
25 terial fact in an application or petition under

EAS13500 S.L.C. 243

1 paragraph (1) or (2) of subsection (e), in the
2 course of which failure or misrepresentation the
3 employer displaced a United States worker em-
4 ployed by the employer during the period of em-
5 ployment on the employer’s petition under sub-
6 section (e)(2) or during the period of 30 days
7 preceding such period of employment—
8 ‘‘(i) the Secretary of Labor shall no-
9 tify the Secretary of such finding and may,
10 in addition, impose such other administra-
11 tive remedies (including civil money pen-
12 alties in an amount not to exceed $15,000
13 per violation) as the Secretary of Labor
14 determines to be appropriate; and
15 ‘‘(ii) the Secretary may disqualify the
16 employer from the employment of non-
17 immigrant agricultural workers for a pe-
18 riod of 3 years.
19 ‘‘(F) FAILURES TO PAY WAGES OR RE-
20 QUIRED BENEFITS.—If the Secretary of Labor
21 finds, after notice and opportunity for a hear-
22 ing, that the employer has failed to pay the
23 wages, or provide the housing allowance, trans-
24 portation, subsistence reimbursement, or guar-
25 antee of employment required under subsection

EAS13500 S.L.C. 244

1 (e)(4) and (f), the Secretary of Labor shall as-
2 sess payment of back wages, or other required
3 benefits, due any United States worker or non-
4 immigrant agricultural worker employed by the
5 employer in the specific employment in ques-
6 tion. The back wages or other required benefits
7 required under subsection (e) and (f) shall be
8 equal to the difference between the amount that
9 should have been paid and the amount that ac-
10 tually was paid to such worker.
11 ‘‘(G) DISPOSITION OF PENALTIES.—Civil
12 penalties collected under this paragraph shall be
13 deposited into the Comprehensive Immigration
14 Reform Trust Fund established under section
15 6(a)(1) of the Border Security, Economic Op-
16 portunity, and Immigration Modernization Act.
17 ‘‘(3) LIMITATIONS ON CIVIL MONEY PEN-
18 ALTIES.—The Secretary of Labor shall not impose
19 total civil money penalties with respect to a petition
20 under subsection (e)(2) in excess of $90,000.
21 ‘‘(4) ELECTION.—A nonimmigrant agricultural
22 worker who has filed an administrative complaint
23 with the Secretary of Labor may not maintain a civil
24 action under paragraph (2) unless a complaint based
25 on the same violation filed with the Secretary of

EAS13500 S.L.C. 245

1 Labor under subsection (a)(1) is withdrawn before
2 the filing of such action, in which case the rights
3 and remedies available under this subsection shall be
4 exclusive.
5 ‘‘(5) PRECLUSIVE EFFECT.—Any settlement by
6 a nonimmigrant agricultural worker, a designated
7 agricultural employer, or any person reached
8 through the mediation process required under sub-
9 section (g)(2)(C) shall preclude any right of action
10 arising out of the same facts between the parties in
11 any Federal or State court or administrative pro-
12 ceeding, unless specifically provided otherwise in the
13 settlement agreement.
14 ‘‘(6) SETTLEMENTS.—Any settlement by the
15 Secretary of Labor on behalf of a designated agricul-
16 tural worker on behalf of a nonimmigrant agricul-
17 tural worker of a complaint filed with the Secretary
18 of Labor under this section or any finding by the
19 Secretary of Labor under this subsection shall pre-
20 clude any right of action arising out of the same
21 facts between the parties under any Federal or State
22 court or administrative proceeding, unless specifi-
23 cally provided otherwise in the settlement agreement.
24 ‘‘(7) STATUTORY CONSTRUCTION.—Nothing in
25 this subsection may be construed as limiting the au-

EAS13500 S.L.C. 246

1 thority of the Secretary of Labor to conduct any
2 compliance investigation under any other labor law,
3 including any law affecting migrant and seasonal ag-
4 ricultural workers, or, in the absence of a complaint
5 under this section, under paragraph (1), (3), or (4)
6 of subsection (e), in the settlement agreement.
7 ‘‘(8) DISCRIMINATION PROHIBITED.—It is a
8 violation of this subsection for any person to intimi-
9 date, threaten, restrain, coerce, blacklist, discharge,
10 or in any other manner discriminate against an em-
11 ployee, including a former employee or an applicant
12 for employment, because the employee—
13 ‘‘(A) has disclosed information to the em-
14 ployer, or to any other person, that the em-
15 ployee reasonably believes evidences a violation
16 of subsection (e), or any rule or regulation re-
17 lating to subsection (e); or
18 ‘‘(B) cooperates or seeks to cooperate in an
19 investigation or other proceeding concerning the
20 employer’s compliance with the requirements
21 under subsection (e) or any rule or regulation
22 pertaining to subsection (e).
23 ‘‘(9) ROLE OF ASSOCIATIONS.—
24 ‘‘(A) VIOLATION BY A MEMBER OF AN AS-
25 SOCIATION.—

EAS13500 S.L.C. 247

1 ‘‘(i) IN GENERAL.—If an association
2 acting as the agent of an employer files an
3 application on behalf of such employer, the
4 employer is fully responsible for such appli-
5 cation, and for complying with the terms
6 and conditions of subsection (e). If such an
7 employer is determined to have violated
8 any requirement described in this sub-
9 section, the penalty for such violation shall
10 apply only to that employer except as pro-
11 vided in clause (ii).
12 ‘‘(ii) COLLECTIVE RESPONSIBILITY.—
13 If the Secretary of Labor determines that
14 the association or other members of the as-
15 sociation participated in, had knowledge of,
16 or reason to know of a violation described
17 in clause (i), the penalty shall also be in-
18 voked against the association and complicit
19 association members.
20 ‘‘(B) VIOLATIONS BY AN ASSOCIATION
21 ACTING AS AN EMPLOYER.—
22 ‘‘(i) IN GENERAL.—If an association
23 filing an application as a sole or joint em-
24 ployer is determined to have violated any
25 requirement described in this section, the

EAS13500 S.L.C. 248

1 2 3 4 5 6 7 8 9

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;

EAS13500 S.L.C. 249

1 2 3 4 5 6 7 8 9

‘‘(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 and in an amount as re-determined annually by the
2 Secretary of Agriculture through rulemaking.
3 ‘‘(5) HOUSING.—The Secretary shall allow for
4 the provision of housing or a housing allowance by
5 employers in Special Procedures Industries and
6 allow housing suitable for workers employed in re-
7 mote locations.
8 ‘‘(6) ALLERGY LIMITATION.—An employer en-
9 gaged in the commercial beekeeping or pollination
10 services industry may require that an applicant be
11 free from bee pollen or honey-related allergies.
12 ‘‘(7) APPLICATION.—An individual employer in
13 Special Procedures Industry may file visa program
14 applications on its own behalf, including with use of
15 an agent, or in conjunction with an association of
16 employers, and in any case the employer’s applica-
17 tion may be part of several related applications sub-
18 mitted simultaneously that constitute a master ap-
19 plication.
20 ‘‘(8) RULEMAKING.—The Secretary of Agri-
21 culture, after consultation with employers and em-
22 ployee representatives, shall publish for notice and
23 comment proposed regulations relating to housing,
24 pay and application procedures for Special Proce-
25 dure Industries.

EAS13500 S.L.C. 251

1 2 3 4 5 6 7 8 9

‘‘(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 (SEVIS) and the SEVIS II tracking sys-
2 tem administered by U.S. Immigration and
3 Customs Enforcement;
4 ‘‘(ii) monitor the presence and em-
5 ployment of nonimmigrant agricultural
6 workers; and
7 ‘‘(iii) assist in ensuring the compli-
8 ance of designated agricultural employers
9 and nonimmigrant agricultural workers
10 with the requirements of the Program.’’.
11 (b) RULEMAKING.—The Secretary of Agriculture
12 shall issue regulations to cary out section 218A of the Im-
13 migration and Nationality Act, as added by subsection (a),
14 not later than 1 year after the date of the enactment of
15 this Act.
16 (c) CLERICAL AMENDMENT.—The table of contents
17 in the first section of the Immigration and Nationality Act
18 (8 U.S.C. 1101 et seq.) is amended by inserting after the
19 item relation to section 219 the following: ‘‘Sec. 218A. Nonimmigrant agricultural worker program.’’.
20 (d) EFFECTIVE DATE.—The amendments made by
21 this section shall take effect on October 1, 2014.
22 SEC. 2233. TRANSITION OF H-2A WORKER PROGRAM.
23 (a) SUNSET OF PROGRAM.—An employer may not pe-
24 tition to employ an alien present in the United States pur-
25 suant to section 101(a)(15)(H)(ii)(a) of the Immigration

EAS13500 S.L.C. 253

1 and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a))
2 after the date that is 1 year after the effective date of
3 the regulations issued pursuant to section 2241(b).
4 (b) CONFORMING AMENDMENTS.—
5 (1) REPEAL OF H-2A NONIMMIGRANT CAT-
6 EGORY.—Section 101(a)(15)(H)(ii) of the Immigra-
7 tion and Nationality Act (8 U.S.C.
8 1101(a)(15)(H)(ii)) is amended by striking sub-
9 clause (a).
10 (2) REPEAL OF ADMISSION REQUIREMENTS FOR
11 H-2A WORKER.—Section 218 of the Immigration and
12 Nationality Act (8 U.S.C. 1188) is repealed.
13 (3) CONFORMING AMENDMENTS.—
14 (A) AMENDMENT OF PETITION REQUIRE-
15 MENTS.—Section 214(c)(1) of the Immigration
16 and Nationality Act (8 U.S.C. 1184(g)(9)) is
17 amended by striking ‘‘For purposes of this sub-
18 section’’ and all that follows.
19 (4) EFFECTIVE DATE.—The amendments made
20 by this subsection shall take effect on the date that
21 is 1 year after the effective date of the regulations
22 issued pursuant to section 2241(b).

EAS13500 S.L.C. 254

1 2 3 4 5 6 7 8 9

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 CHAPTER 3—OTHER PROVISIONS
2 SEC. 2241. RULEMAKING.
3 (a) CONSULTATION REQUIREMENT.—In the course of
4 promulgating any regulation necessary to implement this
5 subtitle, or the amendments made by this subtitle, the Sec-
6 retary, the Secretary of Agriculture, the Secretary of
7 Labor, and the Secretary of State shall regularly consult
8 with each other.
9 (b) DEADLINE FOR ISSUANCE OF REGULATIONS.—
10 Except as provided in section 2232(b), all regulations to
11 implement this subtitle and the amendments made by this
12 subtitle shall be issued not later than 6 months after the
13 date of the enactment of this Act.
14 SEC. 2242. REPORTS TO CONGRESS.
15 Not later than 180 days after the date of the enact-
16 ment of this Act, the Secretary and the Secretary of Agri-
17 culture shall jointly submit a report to Congress that de-
18 scribes the measures being taken and the progress made
19 in implementing this subtitle and the amendments made
20 by this subtitle.
21 SEC. 2243. EFFECTIVE DATE.
22 This subtitle and the amendments made by this sub-
23 title, except for sections 2221, 2242, and 2243, shall take
24 effect on the date on which the regulations required under
25 section 2241(e) are issued, regardless of whether such reg-

EAS13500 S.L.C. 256

1 ulations are issued on an interim basis or on any other
2 basis.
3 Subtitle C—Future Immigration
4 SEC. 2301. MERIT-BASED POINTS TRACK ONE.
5 (a) IN GENERAL.—
6 (1) WORLDWIDE LEVEL OF MERIT-BASED IMMI-
7 GRANTS.—Section 201(e) (8 U.S.C. 1151(e)) is
8 amended to read as follows:
9 ‘‘(e) WORLDWIDE LEVEL OF MERIT-BASED IMMI-
10 GRANTS.—
11 ‘‘(1) IN GENERAL.—
12 ‘‘(A) NUMERICAL LIMITATION.—Subject to
13 paragraphs (2), (3), and (4), the worldwide
14 level of merit-based immigrants is equal to
15 120,000 for each fiscal year.
16 ‘‘(B) STATUS.—An alien admitted on the
17 basis of a merit-based immigrant visa under
18 this section shall have the status of an alien
19 lawfully admitted for permanent residence.
20 ‘‘(2) ANNUAL INCREASE.—
21 ‘‘(A) IN GENERAL.—Subject to subpara-
22 graph (B) and paragraph (3), if in any fiscal
23 year the worldwide level of visas available for
24 merit-based immigrants under this section—

EAS13500 S.L.C. 257

1 ‘‘(i) is less than 75 percent of the
2 number of applicants for such fiscal year,
3 the worldwide level shall increase by 5 per-
4 cent for the next fiscal year; and
5 ‘‘(ii) is equal to or more than 75 per-
6 cent of such number, the worldwide level
7 for the next fiscal year shall be the same
8 as the worldwide level for such fiscal year,
9 minus any amount added to the worldwide
10 level for such fiscal year under paragraph
11 (4).
12 ‘‘(B) LIMITATION ON INCREASE.—The
13 worldwide level of visas available for merit-
14 based immigrants shall not exceed 250,000.
15 ‘‘(3) EMPLOYMENT CONSIDERATION.—The
16 worldwide level of visas available for merit-based im-
17 migrants may not be increased for a fiscal year
18 under paragraph (2) if the annual average unem-
19 ployment rate for the civilian labor force 18 years or
20 over in the United States, as determined by the Bu-
21 reau of Labor Statistics, for such previous fiscal
22 year is more than 81⁄2 percent.
23 ‘‘(4) RECAPTURE OF UNUSED VISAS.—The
24 worldwide level of merit-based immigrants described
25 in paragraph (1) for a fiscal year shall be increased

EAS13500 S.L.C. 258

1 by the difference (if any) between the worldwide
2 level established under paragraph (1) for the pre-
3 vious fiscal year and the number of visas actually
4 issued under this subsection during that fiscal year.
5 Such visas shall be allocated for the following year
6 pursuant to section 203(c)(3).’’.
7 (2) MERIT-BASED IMMIGRANTS.—Section 203
8 (8 U.S.C. 1153), as amended by section 213, is fur-
9 ther amended by inserting after subsection (b) the
10 following:
11 ‘‘(c) MERIT-BASED IMMIGRANTS.—
12 ‘‘(1) FISCAL YEARS 1 THROUGH 4.—For the
13 first 4 fiscal years beginning after the date of enact-
14 ment of the Border Security, Economic Opportunity,
15 and Immigration Modernization Act, the worldwide
16 level of merit-based immigrant visas made available
17 under section 201(e)(1) shall be available for aliens
18 described in section 203(b)(3) and in addition to any
19 visas available for such aliens under such section.
20 ‘‘(2) SUBSEQUENT FISCAL YEARS.—Beginning
21 with the fifth fiscal year beginning after the date of
22 the enactment of the Border Security, Economic Op-
23 portunity, and Immigration Modernization Act,
24 aliens subject to the worldwide level specified in sec-

EAS13500 S.L.C. 259

1 tion 201(e) for merit-based immigrants shall be allo-
2 cated as follows:
3 ‘‘(A) 50 percent shall be available to appli-
4 cants with the highest number of points allo-
5 cated under tier 1 in paragraph (4).
6 ‘‘(B) 50 percent shall be available to appli-
7 cants with the highest number of points allo-
8 cated under tier 2 in paragraph (5).
9 ‘‘(3) UNUSED VISAS.—If the total number of
10 visas allocated to tier 1 or tier 2 for a fiscal year
11 are not granted during that fiscal year, such number
12 may be added to the number of visas available sec-
13 tion 201(e)(1) for the following fiscal year and allo-
14 cated as follows:
15 ‘‘(A) If the unused visas were allocated for
16 tier 1 in a fiscal year, 2⁄3 of such visas shall be
17 available for aliens allocated visas under tier 1
18 in the following fiscal year and 1⁄3 of such visas
19 shall be available for aliens allocated visas
20 under either tier 1 or tier 2 in the following fis-
21 cal year.
22 ‘‘(B) If the unused visas were allocated for
23 tier 2 in a fiscal year, 2⁄3 of such visas shall be
24 available for aliens allocated visas under tier 2
25 in the following fiscal year and 1⁄3 of such visas

EAS13500 S.L.C. 260

1 shall be available for aliens allocated visas
2 under either tier 1 or tier 2 in the following fis-
3 cal year.
4 ‘‘(4) TIER 1.—The Secretary shall allocate
5 points to each alien seeking to be a tier 1 merit-
6 based immigrant as follows:
7 ‘‘(A) EDUCATION.—
8 ‘‘(i) IN GENERAL.—An alien may re-
9 ceived points under only one of the fol-
10 lowing categories:
11 ‘‘(I) An alien who has received a
12 doctorate degree shall be allocated 15
13 points.
14 ‘‘(II) An alien who has received a
15 master’s degree shall be allocated 10
16 points.
17 ‘‘(ii) An alien who has received a
18 bachelor’s degree from an institution of
19 higher education (as defined in section
20 101(a) of the Higher Education Act of
21 1965 (20 U.S.C. 1001(a)) shall be allo-
22 cated 5 points.
23 ‘‘(B) EMPLOYMENT EXPERIENCE.—An
24 alien shall be allocated not more than 20 points
25 as follows:

EAS13500 S.L.C. 261

1 2 3 4 5 6 7 8 9

‘‘(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.

EAS13500 S.L.C. 262

1 2 3 4 5 6 7 8 9

‘‘(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.

EAS13500 S.L.C. 263

1 2 3 4 5 6 7 8 9

‘‘(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.

EAS13500 S.L.C. 264

1 2 3 4 5 6 7 8 9

‘‘(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 married daughter of a citizen of the United
2 States shall be allocated 10 points.

3 4 5 6 7 8 9

11 is a
12 50,000 nationals were lawfully admitted to per-
13 manent residence in the United States in the
14 previous 5 years shall be allocated 5 points.
15 ‘‘(6) FEE.—An alien who is allocated a visa
16 under this section shall pay a fee of $500.
17 ‘‘(7) ELIGIBILITY OF ALIENS IN REGISTERED
18 PROVISIONAL IMMIGRANT STATUS.—An alien who
19 was granted registered provisional immigrant status
20 may be granted a merit-based immigrant visa under
21 section 201(e) and may begin accruing points under
22 subsections (b), (d), and (e) no earlier than the date
23 that is 10 years after the date of the enactment of
24 the Border Security, Economic Opportunity, and
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 ‘‘(8) INELIGIBILITY OF ALIENS WITH PENDING
2 OR APPROVED PETITIONS.—An alien who has a peti-
3 tion pending or approved in another immigrant cat-
4 egory under this section or section 201 may not
5 apply for a merit-based immigrant visa.
6 ‘‘(9) DEFINITIONS.—In this subsection:
7 ‘‘(A) HIGH DEMAND TIER 1 OCCUPA-
8 TION.—The term ‘high demand tier 1 occupa-
9 tion’ means 1 of the 5 occupations for which
10 the highest number of nonimmigrants described
11 in section 101(a)(15)(H)(i) were sought to be
12 admitted by employers during the previous fis-
13 cal year.
14 ‘‘(B) HIGH DEMAND TIER 2 OCCUPA-
15 TION.—The term ‘high demand tier 2 occupa-
16 tion’ means 1 of the 5 occupations for which
17 the highest number of positions were sought to
18 become registered positions by employers under
19 section 220(e) during the previous fiscal year.
20 ‘‘(C) SECRETARY.—The term ‘Secretary’
21 means the Secretary of Homeland Security.
22 ‘‘(D) ZONE 1 OCCUPATION.—The term
23 ‘zone 1 occupation’ means an occupation that
24 requires little or no preparation and is classified
25 as a zone 1 occupation on—

EAS13500 S.L.C. 267

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