[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[S. 744 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 744
To provide for comprehensive immigration reform and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 17 (legislative day, April 16), 2013
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
the Judiciary
_______________________________________________________________________
A BILL
To provide for comprehensive immigration reform and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Border Security,
Economic Opportunity, and Immigration 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.
Sec. 5. Comprehensive Southern Border Security Strategy and Southern
Border 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.
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. Fiancee and fiance 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 inadmissibility 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 program.
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 related to physician
immigration.
Subtitle E--Integration
Sec. 2501. Definitions.
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
Program.
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.
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
increasing 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 offenses.
Sec. 3710. Directives related to passport and document fraud.
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
nonimmigrants.
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
professional 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.
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 countries.
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
limitation.
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.
SEC. 2. STATEMENT OF CONGRESSIONAL FINDINGS.
Congress makes the following findings:
(1) The passage of this Act recognizes that the primary
tenets of its success depend on securing the sovereignty of the
United States of America and establishing a coherent and just
system for integrating those who seek to join American society.
(2) We have a right, and duty, to maintain and secure our
borders, and to keep our country safe and prosperous. As a
nation founded, built and sustained by immigrants we also have
a responsibility to harness the power of that tradition in a
balanced way that secures a more prosperous future for America.
(3) We have always welcomed newcomers to the United States
and will continue to do so. But in order to qualify for the
honor and privilege of eventual citizenship, our laws must be
followed. The world depends on America to be strong --
economically, militarily and ethically. The establishment of a
stable, just and efficient immigration system only supports
those goals. As a nation, we have the right and responsibility
to make our borders safe, to establish clear and just rules for
seeking citizenship, to control the flow of legal immigration,
and to eliminate illegal immigration, which in some cases has
become a threat to our national security.
(4) All parts of this Act are premised on the right and
need of the United States to achieve these 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 established pursuant to section 4.
(2) Comprehensive southern border security strategy.--The
term ``Comprehensive Southern 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 percentage calculated by
dividing the number of apprehensions and turn backs in the
sector during a fiscal year by the total number of illegal
entries in the sector during such fiscal year.
(5) High risk border sector.--The term ``high risk border
sector'' means a border sector in which more than 30,000
individuals were apprehended during the most recent fiscal
year.
(6) Southern border.--The term ``Southern border'' means
the international border between the United States and Mexico.
(7) Southern border fencing strategy.--The term ``Southern
Border Fencing Strategy'' means the strategy established by the
Secretary pursuant to section 5(b) that identifies where
fencing, including double-layer fencing, should be deployed
along the Southern border.
(b) Border Security Goal.--The Department's border security goal is
to achieve and maintain effective control in high risk border sectors
along the Southern border.
(c) Triggers.--
(1) Processing of applications for registered 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 Secretary may commence processing
applications for registered provisional immigrant status
pursuant to section 245B of the Immigration and Nationality
Act, as added by section 2101 of this Act.
(2) Adjustment of status of registered provisional
immigrants.--
(A) In general.--Except as provided in subparagraph
(B), the Secretary may not adjust the status of aliens
who have been granted registered provisional immigrant
status, except for aliens granted agriculture card
status under section 2201 of this Act or described in
section 245D(b) of the Immigration and Nationality Act,
until the Secretary, after consultation with the
Comptroller General of the United States, submits to
the President and Congress a written certification
that--
(i) the Comprehensive Southern Border
Security Strategy has been submitted to
Congress and is substantially deployed and
substantially operational;
(ii) the Southern Border Fencing Strategy
has been submitted to Congress, implemented,
and is substantially completed;
(iii) the Secretary has implemented a
mandatory employment verification system to be
used by all employers to prevent unauthorized
workers from obtaining employment in the United
States; and
(iv) the Secretary is using an electronic
exit system at air and sea ports of entry that
operates by collecting machine-readable visa or
passport information from air and vessel
carriers.
(B) Exception.--The Secretary shall permit
registered provisional immigrants to apply for an
adjustment to lawful permanent resident status if--
(i)(I) litigation or a force majeure has
prevented one or more of the conditions
described in clauses (i) through (iv) of
subparagraph (A) from being implemented; or
(II) the implementation of subparagraph (A)
has been held unconstitutional by the Supreme
Court of the United States or the Supreme Court
has granted certiorari to the litigation on the
constitutionality of implementation of
subparagraph (A); and
(ii) 10 years have elapsed since the date
of the enactment of this Act.
(d) Waiver of Legal Requirements Necessary for Improvement at
Borders.--Notwithstanding any other provision of law, the Secretary is
authorized to waive all legal requirements that the Secretary
determines to be necessary to ensure expeditious construction of the
barriers, roads, or other physical tactical infrastructure needed to
fulfill the requirements under this section. Any determination by the
Secretary under this section shall be effective upon publication in the
Federal Register.
(e) Federal Court Review.--
(1) In general.--The district courts of the United States
shall have exclusive jurisdiction to hear all causes or claims
arising from any action undertaken, or any decision made, by
the Secretary under subsection (d). A cause of action or claim
may only be brought alleging a violation of the Constitution of
the United States. The court does not have jurisdiction to hear
any claim not specified in this paragraph.
(2) Time for filing complaint.--If a cause or claim under
paragraph (1) is not filed within 60 days after the date of the
contested action or decision by the Secretary, the claim shall
be barred.
(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 certiorari 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
recommendation of the leader in the Senate of
the political party that is not the political
party of the President; and
(ii) 1 shall be appointed upon the
recommendation 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
recommendation 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
recommendation 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 border, who shall be--
(i) the Governor of such State; or
(ii) appointed by the Governor of each such
State.
(2) Qualification for appointment.--Appointed members of
the Commission shall be distinguished individuals noted for
their knowledge and experience in the field of border security
at the Federal, State, or local level.
(3) Time of appointment.--The appointments required by
paragraph (1) shall be made not later than 60 days after the
Secretary makes a certification described in subsection (a).
(4) Chair.--At the first meeting of the Commission, a
majority of the members of the Commission present and voting
shall elect the Chair of the Commission.
(5) Vacancies.--Any vacancy of the Commission shall not
affect its powers, but shall be filled in the manner in which
the original appointment was made.
(6) Rules.--The Commission shall establish the rules and
procedures of the Commission which shall require the approval
of at least 6 members of the Commission.
(c) Duties.--The Commission's primary responsibility shall be
making recommendations to the President, the Secretary, and Congress on
policies to achieve and maintain the border security goal specified in
section 3(b) by achieving and maintaining--
(1) the capability to engage in, and to engage in,
persistent surveillance in high risk border sectors along the
Southern border; and
(2) an effectiveness rate of 90 percent or higher in all
high risk border sectors along the Southern border.
(d) Report.--Not later than 180 days after the end of the 5-year
period described in subsection (a), the Commission shall submit to the
President, the Secretary, and Congress a report setting forth specific
recommendations for policies for achieving and maintaining the border
security goals specified in subsection (c). The report shall include,
at a minimum, recommendations for the personnel, infrastructure,
technology, and other resources required to achieve and maintain an
effectiveness rate of 90 percent or higher in all high risk border
sectors.
(e) Travel Expenses.--Members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Commission.
(f) Administrative Support.--The Secretary shall provide the
Commission such staff and administrative services as may be necessary
and appropriate for the Commission to perform its functions. Any
employee of the executive branch of Government may be detailed to the
Commission without reimbursement to the agency of that employee and
such detail shall be without interruption or loss of civil service or
status or privilege.
(g) Comptroller General Review.--The Comptroller General of the
United States shall review the recommendations 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 border 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 FENCING STRATEGY.
(a) Comprehensive Southern Border Security Strategy.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit a
strategy, to be known as the ``Comprehensive Southern Border
Security Strategy'', for achieving and maintaining effective
control between the ports of entry in all high risk border
sectors along the Southern border, to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Homeland Security of the House
of Representatives;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Appropriations of the House of
Representatives; and
(E) the Comptroller General of the United States.
(2) Elements.--The Comprehensive Southern Border Security
Strategy shall specify--
(A) the priorities that must be met for the
strategy to be successfully executed;
(B) the capabilities that must be obtained to meet
each of the priorities referred to in subparagraph (A),
including--
(i) surveillance and detection capabilities
developed or used by the Department of Defense
to increase situational awareness; and
(ii) the requirement for stationing
sufficient Border Patrol agents and Customs and
Border Protection officers at and between ports
of entry along the Southern border; and
(C) the resources, including personnel,
infrastructure, and technology that must be procured
and successfully deployed to obtain the capabilities
referred to in subparagraph (B), including--
(i) fixed, mobile, and agent portable
surveillance systems; and
(ii) unarmed, unmanned aerial systems and
unarmed, fixed-wing aircraft and necessary and
qualified staff and equipment to fully utilize
such systems.
(3) Additional elements regarding execution.--The
Comprehensive Southern Border Security Strategy shall
describe--
(A) how the resources referred to in paragraph
(2)(C) will be properly aligned with the priorities
referred to in paragraph (2)(A) to ensure that the
strategy will be successfully executed;
(B) the interim goals that must be accomplished 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 Comprehensive 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 commencement of such implementation
to--
(i) Congress; and
(ii) the Comptroller General of the United
States.
(5) Semiannual reports.--
(A) In general.--After the Comprehensive Southern
Border Security Strategy is submitted under paragraph
(1),the Secretary shall submit, not later than May 15
and November 15 of each year, a report on the status of
the Department's implementation of the strategy to--
(i) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(ii) the Committee on Homeland Security of
the House of Representatives;
(iii) the Committee on Appropriations of
the Senate; and
(iv) the Committee on Appropriations of the
House of Representatives.
(B) Elements.--Each report submitted under
subparagraph (A) shall include--
(i) a detailed description of the steps the
Department has taken, or plans to take, to
execute the strategy submitted under paragraph
(1), including the progress made toward
achieving the interim goals and milestone
schedule established pursuant to subparagraphs
(B) and (C) of paragraph (3);
(ii) a detailed description of--
(I) any impediments identified in
the Department's efforts to execute the
strategy;
(II) the actions the Department has
taken, or plans to take, to address
such impediments; and
(III) any additional measures
developed by the Department to measure
the state of security along the
Southern border; and
(iii) for each Border Patrol sector along
the Southern border--
(I) the effectiveness rate for each
individual Border Patrol sector and the
aggregated effectiveness rate;
(II) the number of recidivist
apprehensions, sorted by Border Patrol
sector; and
(III) the recidivism rate for all
unique subjects that received a
criminal consequence through the
Consequence Delivery System process.
(b) Southern Border Fencing Strategy.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall establish a
strategy, to be known as the ``Southern Border Fencing
Strategy'', to identify where fencing, including double-layer
fencing, infrastructure, and technology should be deployed
along the Southern border.
(2) Submittal.--The Secretary shall submit the Southern
Border Fencing Strategy to Congress and the Comptroller General
of the United States for review.
(3) Notice of commencement.--Upon commencing the
implementation of the Southern Border Fencing Strategy, the
Secretary shall submit a notice of commencement of the
implementation of the Strategy to Congress and the Comptroller
General of the United States.
SEC. 6. COMPREHENSIVE IMMIGRATION REFORM TRUST FUND.
(a) Comprehensive Immigration Reform Trust Fund.--
(1) Establishment.--There is established in the Treasury a
separate account, to be known as the Comprehensive Immigration
Reform Trust Fund (referred to in this section as the ``Trust
Fund''), consisting of--
(A) amounts transferred from the general fund of
the Treasury under paragraph (2)(A); and
(B) proceeds from the fees described in paragraph
(2)(B).
(2) Deposits.--
(A) Initial funding.--On the later of the date of
the enactment of this Act or October 1, 2013,
$6,500,000,000 shall be transferred from the general
fund of the Treasury to the Trust Fund.
(B) Start-up costs.--On the later of the date of
the enactment of this Act or October 1, 2013,
$100,000,000 is hereby appropriated from the general
fund of the Treasury, to remain available until
September 30, 2015, to the Department to pay for one-
time and startup costs necessary to implement this Act,
(C) Ongoing funding.--In addition to the funding
described in subparagraph (A), the following amounts
shall be deposited in the trust fund:
(i) Electronic travel authorization system
fees.--75 percent of the fees collected under
section 217(h)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1187(h)(3)).
(ii) J-1 visa mitigation fees.--Mitigation
fees collected from employers who employ aliens
described in section 101(a)(15)(J) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(J)) through the Summer Work Travel
Program.
(iii) H-1B visa fees.--Fees collected from
employers hiring nonimmigrants described in
section 101(a)(15)(H)(i)(b) of the Immigration
and Nationality Act (8 U.S.C. 1101
(a)(15)(H)(i)(b)).
(iv) L-1 visa fees.--Fees collected under
section 214(c)(12) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(12) from
employers hiring a nonimmigrant described in
section 101(a)(15)(L) of such Act (8 U.S.C.
1101(a)(15)(L)).
(v) H-2B visa fees.--Fees collected from
employers hiring nonimmigrants described in
section 101(a)(15)(H)(ii)(b) of the Immigration
and Nationality Act (8 U.S.C. 1101 (a)(15)(H)(i
i)(b)) in the amount of $500 under section 214
of the Immigration and Nationality Act (8
U.S.C. 1184).
(vi) F-1 visa fees.--Fees collected for
nonimmigrants admitted under section
101(a)(15)(F)(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) in
the amount of $500 under section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184)
(vii) Visitor visa fees.--Amend Section 214
to add a $5 fee for visitor visas
101(a)(15)(B).
(viii) Merit system green card fees.--
Include the fee charged in the document to get
a ``merit system'' green card.
(ix) Other aliens.--An alien who is
allocated a visa under section 211 shall pay a
fee of $1,500.
(x) Penalty.--Penalties collected from
applicants for provisional immigrant status
under section 245B(c)(9)(C) of the Immigration
and Nationality Act, as added by section 2101
of this Act.
(xi) H-1b nonimmigrant dependent employer
fees.--Fees collected under section 423(a)(2).
(xii) H-1B outplacement fee.--Fees
collected under section 212(n)(1)(F)(ii) of the
Immigration and Nationality Act, as amended by
section 4201(d).
(xiii) L nonimmigrant dependent employer
fees.--Fees collected under section 435(a)(2).
(xiv) Retiree visa fees.--Fees collected
under section 101(a)(15)(Y) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(Y)).
(xv) Nonimmigrants performing maintenance
on common carriers.--Fees collected under
subsection (z) of section 214 of the
Immigration and Nationality Act (8 U.S.C.
1184), as added by section 4604.
(3) Use of funds.--
(A) Initial funding.--Of the amounts transferred to
the Trust Fund pursuant to paragraph (2)(A)--
(i) $3,000,000,000 shall be made available
to the Secretary, during the 5-year period
beginning on the date of the enactment of this
Act, to carry out the Comprehensive Southern
Border Security Strategy;
(ii) $2,000,000,000 shall be made available
to the Secretary, during the 10-year period
beginning on the date of the enactment of this
Act, to carry out programs, projects, and
activities recommended by the Commission
pursuant to section 4(c) to achieve and
maintain the border security goal specified in
section 3(b); and
(iii) $1,500,000,000 shall be made
available to the Secretary, during the 5-year
period beginning on the date of the enactment
of this Act, to procure and deploy additional
fencing in high-risk border sectors in
accordance with the Southern Border Fencing
Strategy established pursuant 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 during
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 except to the extent that the
expenditure of the fee to pay the costs of activities and services for
which the fee is imposed is provided for in advance in an
appropriations Act.
(c) Receipts Collected as Offsetting Receipts.--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;
(2) shall be available for expenditure only to pay the
costs of activities and services authorized from the Trust
Fund; and
(3) shall remain available until expended.
(d) Determination of Budgetary Effects.--
(1) Emergency designation for congressional enforcement.--
In the Senate, amounts made available under this section are
designated as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
(2) Emergency designation for statutory paygo.--Amounts
made available under this section are designated as an
emergency requirement under section 4(g) of the Statutory Pay-
As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)).
SEC. 7. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
SEC. 8. DEFINITIONS.
In this Act:
(1) Department.--Except as otherwise provided, the term
``Department'' means the Department of Homeland Security.
(2) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Homeland 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 Commissioner 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 Southern border.
SEC. 1102. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION OFFICERS.
(a) In General.--Not later than September 30, 2017, the Secretary
shall increase the number of trained U.S. Customs and Border Protection
officers by 3,500, compared to the number of such officers as of the
date of the enactment of this Act. The Secretary shall make progress in
increasing such number of officers during each of the fiscal years 2014
through 2017.
(b) Construction.--Nothing in subsection (a) may be interpreted to
preclude the Secretary from reassigning or stationing U.S. Customs and
Border protection officers and agents from the Northern border to the
Southern border.
(c) Funding.--There are authorized to be appropriated, from the
Comprehensive Immigration Reform Trust Fund established under section
6(a)(1), such sums as may be necessary to carry out this section.
SEC. 1103. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN BORDER.
(a) In General.--With the approval of the Secretary of Defense, the
Governor of a State may order any units or personnel of the National
Guard of such State to perform operations and missions under section
502(f) of title 32, United States Code, in the Southwest Border region
for the purposes of assisting U.S. Customs and Border Protection in
securing the Southern border.
(b) Assignment of Operations and Missions.--
(1) In general.--National Guard units and personnel
deployed under subsection (a) may be assigned such operations
and missions specified in subsection (c) as may be necessary to
secure the Southern border.
(2) Nature of duty.--The duty of National Guard personnel
performing operations and missions described in paragraph (1)
shall be full-time duty under title 32, United States Code.
(c) Range of Operations and Missions.--The operations and missions
assigned under subsection (b) shall include the temporary authority--
(1) to construct fencing, including double-layer and
triple-layer fencing;
(2) to increase ground-based mobile surveillance systems;
(3) to deploy additional unmanned aerial systems and manned
aircraft sufficient to maintain continuous surveillance of the
Southern Border;
(4) to deploy and provide capability for radio
communications interoperability between U.S. Customs and Border
Protection and State, local, and tribal law enforcement
agencies;
(5) to construct checkpoints along the Southern border to
bridge the gap to long-term permanent checkpoints; and
(6) to provide assistance to U.S. Customs and Border
Protection, particularly in rural, high-trafficked areas, as
designated by the Commissioner of U.S. Customs and Border
Protection.
(d) Materiel and Logistical Support.--The Secretary of Defense
shall deploy such materiel and equipment and logistical support as may
be necessary to ensure success of the operations and missions conducted
by the National Guard under this section.
(e) Exclusion From National Guard Personnel Strength Limitations.--
National Guard personnel deployed under subsection (a) shall not be
included in--
(1) the calculation to determine compliance with limits on
end strength for National Guard personnel; 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.
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 Border Protection, shall--
(A) increase the number of border crossing
prosecutions in the Tucson Sector of the Southwest
Border region to up to 210 prosecutions per day by
increasing the funding available for--
(i) attorneys and administrative support
staff in the Tucson United States Attorney
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 related to
the border crossing prosecutions carried out pursuant
to subparagraph (A).
(2) Additional magistrate judges to assist with increased
caseload.--The chief judge of the United States District Court
for the District of Arizona is authorized to appoint additional
full-time magistrate judges, who, consistent with the
Constitution and laws of the United States, shall have the
authority to hear cases and controversies in the judicial
district in which the respective judges are appointed.
(3) Funding.--There are authorized to be appropriated, from
the Comprehensive Immigration Reform Trust Fund established
under section 6(a)(1), such sums as may be necessary to carry
out this subsection.
(b) Operation Stonegarden.--
(1) In general.--The Federal Emergency Management Agency
shall enhance law enforcement preparedness and operational
readiness along the borders of the United States through
Operation Stonegarden. The amounts available under this
paragraph are in addition to any other amounts otherwise made
available for Operation Stonegarden. Not less than 90 percent
of the amounts made available under section 5(a)(3)(B)(ii)
shall be allocated for grants and reimbursements to law
enforcement agencies in the States in the Southwest Border
region for personnel, overtime, travel, and other costs related
to illegal immigration and drug smuggling in the Southwest
Border region.
(2) Funding.--There are authorized to be appropriated, from
the amounts made available under section 6(a)(3)(A)(i), such
sums as may be necessary to carry out this subsection.
(c) Infrastructure Improvements.--
(1) Border patrol stations.--The Secretary shall--
(A) construct additional Border Patrol stations in
the Southwest Border region that U.S. Border Patrol
determines are needed to provide full operational
support in rural, high-trafficked areas; and
(B) analyze the feasibility of creating additional
Border Patrol sectors along the Southern border to
interrupt drug trafficking operations.
(2) Forward operating bases.--The Secretary shall enhance
the security of the Southwest Border region by--
(A) establishing additional permanent forward
operating bases for the Border Patrol, as needed;
(B) upgrading the existing forward operating bases
to include modular buildings, electricity, and potable
water; and
(C) ensuring that forward operating bases surveil
and interdict individuals entering the United States
unlawfully immediately after such individuals cross the
Southern border.
(3) Authorization of appropriations.--There is authorized
to be appropriated for each of fiscal years 2014 through 2018
such sums as may be necessary to carry out this subsection.
SEC. 1105. BORDER SECURITY ON CERTAIN FEDERAL LAND.
(a) Definitions.--In this section:
(1) Federal lands.--The term ``Federal lands'' includes all
land under the control of the Secretary concerned that is
located within the Southwest border region in the State of
Arizona along the international border between the United
States and Mexico.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to land under the jurisdiction of
the Secretary of Agriculture, the Secretary of
Agriculture; and
(B) with respect to land under the jurisdiction of
the Secretary of the Interior, the Secretary 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 provide 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 paragraph (1)
shall be conducted, to the maximum extent practicable, in a
manner that the Secretary determines will best protect the
natural and cultural resources on Federal lands; and
(3) the Secretary concerned may provide education and
training to U.S. Customs and Border Protection on the natural
and cultural resources present on individual Federal land
units.
(c) Programmatic Environmental Impact Statement.--
(1) In general.--After implementing subsection (b), the
Secretary, in consultation with the Secretaries concerned,
shall prepare and publish in the Federal Register a notice of
intent to prepare a programmatic environmental impact statement
in accordance with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) to analyze the impacts of the
activities described in subsection (b).
(2) Effect on processing application and special use
permits.--The pending completion of a programmatic
environmental impact statement under this section shall not
result in any delay in the processing or approving of
applications or special use permits by the Secretaries
concerned for the activities described in subsection (b).
(3) Amendment of land use plans.--The Secretaries concerned
shall amend any land use plans, as appropriate, upon completion
of the programmatic environmental impact statement described in
subsection (b).
(4) Scope of programmatic environmental impact statement.--
The programmatic environmental 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 actions
by the Secretary to achieve effective control 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 aircraft and
helicopters along the Southern border;
(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 addition 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 Communications Grants.--
(1) In general.--The Secretary, in consultation with the
governors of the States in the Southwest Border region, shall
establish a 2-year grant program, to be administered by the
Secretary, to improve 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;
(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 established 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--
(A) to purchase, through a competitive procurement
process, P25-compliant radios, which may include a
multi-band option, for Federal law enforcement agents
working in the Southwest Border region in support of
the activities of U.S. Customs and Border Protection
and U.S. Immigration and Customs Enforcement, including
law enforcement agents of the Drug Enforcement
Administration, the Bureau of Alcohol, Tobacco,
Firearms and Explosives, the Department of the
Interior, and the Forest Service; and
(B) to upgrade, through a competitive procurement
process, the communications network of the Department
of Justice to ensure coverage and capacity,
particularly when immediate access is needed in times
of crisis, in the Southwest Border region for
appropriate law enforcement personnel of the Department
of Justice (including the Drug Enforcement
Administration and the Bureau of Alcohol, Tobacco,
Firearms and Explosives), the Department (including
U.S. Immigration and Customs Enforcement and U.S.
Customs and Border Protection), the United States
Marshals Service, other Federal agencies, the State of
Arizona, tribes, and local governments.
(2) State and local law enforcement.--
(A) Authorization of appropriations.--There is
authorized to be appropriated to the Department of
Justice, during the 5-year period beginning on the date
of the enactment of this Act, such sums as may be
necessary to purchase, through a competitive
procurement process, P25-compliant radios, which may
include a multi-band option, for State and local law
enforcement agents working in the Southwest Border
region.
(B) Access to federal spectrum.--If a State,
tribal, or local law enforcement agency in the
Southwest Border region experiences an emergency
situation that necessitates immediate communication
with the Department of Justice, the Department, the
Department of the Interior, or any of their respective
subagencies, such law enforcement agency shall have
access to the spectrum assigned to such Federal agency
for the duration of such emergency situation.
SEC. 1108. SOUTHWEST BORDER REGION PROSECUTION INITIATIVE.
(a) Reimbursement to State and Local Prosecutors for Federally
Initiated Criminal Cases.--The Attorney General shall reimburse State,
county, tribal, and municipal governments for costs associated with the
prosecution and pre-trial detention of Federally 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 necessary 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 Defense that could be used by U.S. Customs and Border
Protection 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.
SEC. 1110. SCAAP REAUTHORIZATION.
Section 241(i)(5)(C) (8 U.S.C. 1231(i)(5)) is amended by striking
``2011'' and inserting ``2015''.
SEC. 1111. USE OF FORCE.
Not later than 180 days after the date of the enactment 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 governing 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 personnel;
(B) disciplining Department personnel who violate
any law or Department policy relating to the use of
force; and
(C) reviewing all uses of force by Department
personnel to determine whether the use of force--
(i) complied with Department policy; or
(ii) demonstrates the need for changes in
policy, training, or equipment.
SEC. 1112. TRAINING FOR BORDER SECURITY AND IMMIGRATION 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 Enforcement 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 appropriate
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, including
interrogations, stops, searches, seizures, arrests, and
detentions;
(4) the use of force policies issued by the Secretary
pursuant to section 1111;
(5) immigration laws, including screening, identifying, 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;
(7) the impact of border operations on communities; and
(8) any particular environmental concerns in a particular
area.
(b) Training for Border Community Liaison Officers.--The Secretary
shall ensure that border communities liaison officers in Border Patrol
sectors along the international borders between the United States and
Mexico 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 Department programs,
policies, strategies, and directives; and
(4) receive Department performance assessments from border
communities.
SEC. 1113. DEPARTMENT OF HOMELAND SECURITY BORDER OVERSIGHT TASK FORCE.
(a) Establishment.--
(1) In general.--There is established an independent task
force, which shall be known as the Department of Homeland
Security Border Oversight Task Force (referred to in this
section as the ``DHS Task Force'').
(2) Duties.--The DHS Task Force shall--
(A) review and make recommendations regarding
immigration and border enforcement policies,
strategies, and programs that take into consideration
their impact on border communities;
(B) recommend ways in which the Border Communities
Liaison Offices can strengthen relations and
collaboration between communities in the border regions
and the Department, the Department of Justice, and
other Federal agencies that carry out such policies,
strategies, and programs;
(C) evaluate how the policies, strategies, and
programs of Federal agencies operating along the
international borders between the United States and
Mexico and between the United States and Canada protect
the due process, civil, and human rights of border
residents, 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
officials;
(II) 2 local law enforcement
official;
(III) 2 civil rights advocates;
(IV) 1 business representative;
(V) 1 higher education
representative;
(VI) 1 representative of a faith
community; and
(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
officials;
(II) 3 local law enforcement
officials;
(III) 3 civil rights advocates;
(IV) 2 business representatives;
(V) 1 higher education
representative;
(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 Federal Government.
(C) Term of service.--Members of the Task Force
shall be appointed for the shorter of--
(i) 3 years; or
(ii) the life of the DHS Task Force.
(D) Chair, vice chair.--The members of the DHS Task
Force shall elect a Chair and a Vice Chair from among
its members, who shall serve in such capacities for the
life of the DHS Task Force or until removed by the
majority vote of at least 14 members.
(b) Operations.--
(1) Hearings.--The DHS Task Force may, for the purpose of
carrying out its duties, hold hearings, sit and act, take
testimony, receive evidence, and administer oaths.
(2) Recommendations.--The DHS Task Force may make findings
or recommendations to the Secretary related to the duties
described in subsection (a)(2).
(3) Response.--Not later than 180 days after receiving the
findings and recommendations from the DHS Task Force under
paragraph (2), the Secretary shall issue a response that
describes how the Department has addressed, or will address,
such findings and recommendations.
(4) Information from federal agencies.--The Chair, or 16
members of the DHS Task Force, may request statistics relating
to the duties described in subsection (a)(2) directly from any
Federal agency, which shall, to the extent authorized by law,
furnish such information, suggestions, estimates, and
statistics directly to the DHS Task Force.
(5) Compensation.--Members of the DHS Task Force shall
serve without pay, but shall be reimbursed for reasonable
travel and subsistence expenses 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 contains--
(1) findings with respect to the duties of the DHS Task
Force; and
(2) recommendations regarding border and immigration
enforcement policies, strategies, and programs, 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 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 Security Act (6 U.S.C.
272) is amended--
(1) by amending the section heading to read as follows:
``SEC. 452. DEPARTMENT OF HOMELAND SECURITY IMMIGRATION OMBUDSMAN.'';
(2) in subsection (a), by striking ``Citizenship and
Immigration Services Ombudsman'' and inserting ``DHS
Immigration Ombudsman'';
(3) in subsection (c)(2), by striking ``Director of the
Bureau of Citizenship and Immigration Services'' and inserting
``Director, U.S. Citizenship and Immigration Services, the
Assistant Secretary, U.S. Immigration and Customs Enforcement,
the Commissioner, U.S. Customs and Border Protection'';
(4) in subsections (d)(4) and (f), by striking ``Director
of the Bureau of Citizenship and Immigration Services'' each
place such term appears and inserting ``Director, U.S.
Citizenship and Immigration Services, the Assistant Secretary,
U.S. Immigration and Customs Enforcement, and the Commissioner,
U.S. Customs and Border Protection'';
(5) in subsection (f), by striking ``director'' each place
such term appears and inserting ``official''; and
(6) by striking ``the Bureau of Citizenship and Immigration
Services'' each place it appears and inserting ``U.S.
Citizenship and Immigration Services, U.S. Immigration and
Customs Enforcement, or U.S. Customs and Border Protection''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Homeland Security Act (6 U.S.C. 101 et seq.) is amended by striking the
item relating to section 452 and inserting the following:
``Sec. 452. Department of Homeland Security Immigration Ombudsman.''.
SEC. 1115. REPORTS.
(a) Report on Certain Border Matters.--The Secretary shall submit a
report to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the House of
Representatives that sets forth--
(1) the effectiveness rate (as defined in section 2(a)(4))
for each Border Patrol sector along the Northern border and the
Southern border;
(2) the number of miles along the Southern border that is
under persistent surveillance;
(3) the monthly wait times per passenger, including 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, Technology, and Logistics and the Under
Secretary of Homeland Security for Science and Technology shall jointly
submit 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 amendment to any person or
circumstance, is held to be unconstitutional, 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
circumstance shall not be affected.
TITLE II--IMMIGRANT VISAS
Subtitle A--Registration and Adjustment of Registered Provisional
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 ENTRANTS BEFORE DECEMBER
31, 2011, TO THAT OF REGISTERED PROVISIONAL IMMIGRANT.
``(a) In General.--Notwithstanding any other provision of law, the
Secretary of Homeland Security (referred to in this section as the
`Secretary'), after conducting the national security and law
enforcement clearances required under subsection (c)(8), may grant
registered provisional immigrant status to an alien who--
``(1) meets the eligibility requirements set forth in
subsection (b);
``(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 subsection (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 continuous
physical presence in the United States from
December 31, 2011, until the date on which the
alien is granted status as a registered
provisional immigrant under this section.
``(B) Break in physical presence.--
``(i) In general.--Except as provided in
clause (ii), an alien who is absent from the
United States without authorization after the
date of the enactment of this section does not
meet the continuous physical presence
requirement set forth in subparagraph (A)(iii).
``(ii) Exception.--An alien who departed
from the United States after December 31, 2011
will not be considered to have failed to
maintain continuous presence in the United
States if the alien's absences from the United
States are brief, casual, and innocent whether
or not such absences were authorized by the
Secretary.
``(3) Grounds for ineligibility.--
``(A) In general.--Except as provided in
subparagraph (B), an alien is ineligible for registered
provisional immigrant status if the Secretary
determines that the alien--
``(i) has a conviction for--
``(I) an offense classified as a
felony in the convicting jurisdiction
(other than a State or local offense
for which an essential element was the
alien's immigration status or a
violation of this Act);
``(II) an aggravated felony (as
defined in section 101(a)(43) at the
time of the conviction);
``(III) 3 or more misdemeanor
offenses (other than minor traffic
offenses or State or local offenses for
which an essential element was the
alien's immigration status or a
violation of this Act) if the alien was
convicted on different dates for each
of the 3 offenses;
``(IV) any offense under foreign
law, except for a purely political
offense, which, if the offense had been
committed in the United States, would
render the alien inadmissible under
section 212(a) (excluding the
paragraphs set forth in clause (ii)) or
removable under section 237(a), except
as provided in paragraph (3) of section
237(a);
``(V) unlawful voting (as defined
in section 237(a)(6));
``(ii) is admissible under section 212(a),
except that in determining an alien's
admissibility--
``(I) paragraphs (4), (5), (7), and
(9)(B) of section 212(a) shall not
apply;
``(II) subparagraphs (A), (C), (D),
(F), and (G) of section 212(a)(6) and
paragraphs (9)(C) and (10)(B) of
section 212(a) shall not apply unless
based on the act of unlawfully entering
the United States after the date of the
enactment of the Border Security,
Economic Opportunity, and Immigration
Modernization Act; and
``(III) paragraphs (6)(B) and
(9)(A) of section 212(a) shall not
apply unless the relevant conduct began
on or after the date on which the alien
files an application for registered
provisional immigrant status under this
section;
``(iii) the Secretary knows or has
reasonable grounds to believe, is engaged in or
is likely to engage after entry in any
terrorist 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
refugee 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
nonimmigrant status (other than an
alien considered to be a nonimmigrant
solely due to the application of
section 244(f)(4) or the amendment made
by section 702 of the Consolidated
Natural Resources Act of 2008 (Public
Law 110-229)), notwithstanding any
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 purposes, 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
``(IV) with respect to
misrepresentations relating to the
application for registered provisional
immigrant status, section
212(a)(6)(C)(i).
``(C) Conviction explained.--For purposes of this
paragraph, the term `conviction' does not include a
judgment that has been expunged, set aside, or the
equivalent.
``(D) Rule of construction.--Nothing in this
paragraph may be construed to require the Secretary to
commence removal proceedings against an alien.
``(4) Applicability of other provisions.--Sections
208(d)(6) and 240B(d) shall not apply to any alien filing an
application for registered provisional immigrant status under
this section.
``(5) Dependent spouse and children.--
``(A) In general.--Notwithstanding any other
provision of law, the Secretary shall classify the
spouse or child of a registered provisional immigrant
as a registered provisional immigrant dependent if the
spouse or child--
``(i) is physically present in the United
States--
``(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
requirements 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 relationship
between an alien who is granted registered 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 parent for registered
provisional immigrant status is terminated or revoked,
the husband, wife, or child of that spouse or parent
shall be eligible to apply for registered provisional
immigrant status independent of the parent
notwithstanding subsection (c)(3).
``(c) Application Procedures.--
``(1) In general.--An alien, or the dependent spouse or
child of such alien, who meets the eligibility requirements set
forth in subsection (b) may apply for status as a registered
provisional immigrant or a registered provisional immigrant
dependent, as applicable, by submitting a completed application
form to the Secretary during the application period set forth
in paragraph (3), in accordance with the final rule promulgated
by the Secretary under the Border Security, Economic
Opportunity, and Immigration Modernization Act. An applicant
for registered provisional immigrant status shall be treated as
an applicant for admission.
``(2) Payment of taxes.--
``(A) In general.--An alien may not file an
application for registered provisional immigrant status
under paragraph (1) unless the applicant has satisfied
any applicable Federal tax liability.
``(B) Definition of applicable federal tax
liability.--In this paragraph, the term `applicable
Federal tax liability' means all Federal income taxes
assessed in accordance with section 6203 of the
Internal Revenue Code of 1986.
``(C) Demonstration of compliance.--An applicant
may demonstrate compliance with this paragraph by
submitting appropriate documentation, in accordance
with regulations promulgated by the Secretary, in
consultation with the Secretary of the Treasury.
``(3) Application period.--
``(A) Initial period.--Except as provided in
subparagraph (B), the Secretary may only accept
applications for registered provisional immigrant
status from aliens in the United States during the 1-
year period beginning on the date on which the final
rule is published in the Federal Register pursuant to
paragraph (1).
``(B) Extension.--If the Secretary determines,
during the initial period described in subparagraph
(A), that additional time is required to process
applications for registered provisional immigrant
status or for other good cause, the Secretary may
extend the period for accepting applications for such
status for an additional 18 months.
``(4) Application form.--
``(A) Required information.--The application form
referred to in paragraph (1) shall collect such
information as the Secretary determines necessary and
appropriate.
``(B) Family application.--The Secretary shall
establish a process through which an alien may submit a
single application under this section on behalf of the
alien, his or her spouse, and his or her children, who
are residing in the United States.
``(C) Interview.--The Secretary may interview
applicants for registered provisional immigrant status
under this section to determine whether they meet the
eligibility requirements set forth in subsection (b).
``(5) Aliens apprehended before or during the application
period.--If an alien who is apprehended during the period
beginning on the date of the enactment of the Border Security,
Economic Opportunity, and Immigration Modernization Act and the
end of the application period described in paragraph (3)
appears prima facie eligible for registered provisional
immigrant status, to the satisfaction of the Secretary, the
Secretary--
``(A) shall provide the alien with a reasonable
opportunity to file an application under this section
during such application period; and
``(B) may not remove the individual until a final
administrative determination is made on the
application.
``(6) Eligibility after departure.--
``(A) In general.--An alien who departed from the
United States while subject to an order of exclusion,
deportation, or removal, or pursuant to an order of
voluntary departure and who is outside of the United
States, or who has reentered the United States
illegally after December 31, 2011 without receiving the
Secretary's consent to reapply for admission under
section 212(a)(9), shall not be eligible to file an
application for registered provisional immigrant
status.
``(B) Waiver.--The Secretary, in the Secretary's
sole and unreviewable discretion, may waive the
application of subparagraph (A) on behalf of an alien
if the alien--
``(i) is the spouse or child of a United
States citizen or lawful permanent resident;
``(ii) is the parent of a child who is a
United States citizen or lawful permanent
resident;
``(iii) meets the requirements set forth in
clause (ii) and (iii) of section 245D(b)(1)(A);
or
``(iv) meets the requirements set forth in
section 245D(b)(1)(A)(ii), is 16 years or older
on the date on which the alien applies for
registered provisional immigrant status, and
was physically present in the United States for
an aggregate period of not less than 3 years
during the 6-year period immediately preceding
the date of the enactment of the Border
Security, Economic Opportunity, and Immigration
Modernization Act.
``(C) Eligibility.--Notwithstanding subsection
(b)(2), section 241(a)(5), or a prior order of
exclusion, deportation, or removal, an alien described
in subparagraph (B) who is otherwise eligible for
registered provisional immigrant status may file an
application for such status.
``(7) Suspension of removal during application period.--
``(A) Protection from detention or removal.--A
registered provisional immigrant may not be detained by
the Secretary or removed from the United States,
unless--
``(i) the Secretary determines that--
``(I) such alien is, or has become,
ineligible for registered provisional
immigrant status under subsection
(b)(3); or
``(II) the alien's registered
provisional immigrant status has been
revoked under subsection (d)(2).
``(B) Aliens in removal proceedings.--
Notwithstanding any other provision 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 application period
described in paragraph (3), is in removal,
deportation, or exclusion proceedings before
the Executive Office for Immigration Review and
is prima facie eligible for registered
provisional immigrant status under this
section--
``(I) the Secretary shall provide
the alien with the opportunity to file
an application for such status; and
``(II) upon motion by the Secretary
and with the consent of the alien or
upon motion by the alien, the Executive
Office for Immigration Review shall--
``(aa) terminate such
proceedings without prejudice
to future proceedings on any
basis; and
``(bb) provide the alien a
reasonable opportunity to apply
for such status; and
``(ii) if the Executive Office for
Immigration Review determines that an alien,
during the application period described in
paragraph (3), is in removal, deportation, or
exclusion proceedings before the Executive
Office for Immigration Review and is prima
facie eligible for registered provisional
immigrant status under this section--
``(I) the Executive Office of
Immigration Review shall notify the
Secretary of such determination; and
``(II) if the Secretary does not
dispute the determination of prima
facie eligibility within 7 days after
such notification, the Executive Office
for Immigration Review, upon consent of
the alien, shall--
``(aa) terminate such
proceedings without prejudice
to future proceedings on any
basis; and
``(bb) permit the alien a
reasonable opportunity to apply
for such status.
``(C) Treatment of certain aliens.--
``(i) In general.--If an alien who meets
the eligibility requirements set forth in
subsection (b) is present in the United States
and has been ordered excluded, deported, or
removed, or ordered to depart voluntarily from
the United States under any provision of this
Act--
``(I) notwithstanding such order or
section 241(a)(5), the alien may apply
for registered provisional immigrant
status under this section; and
``(II) if the alien is granted such
status, the alien shall file a motion
to reopen the exclusion, deportation,
removal, or voluntary departure order,
which motion shall be granted unless 1
or more of the grounds of ineligibility
is established by clear and convincing
evidence.
``(ii) Limitations on motions to reopen.--
The limitations on motions to reopen set forth
in section 240(c)(7) shall not apply to motions
filed under clause (i)(II).
``(D) Period pending adjudication of application.--
``(i) In general.--During the period
beginning on the date on which an alien applies
for registered provisional immigrant status
under paragraph (1) and the date on which the
Secretary makes a final decision regarding such
application, the alien--
``(I) may receive advance parole to
reenter the United States if urgent
humanitarian circumstances compel such
travel;
``(II) may not be detained by the
Secretary or removed from the United
States unless the Secretary makes a
prima facie determination that such
alien is, or has become, ineligible for
registered provisional immigrant status
under subsection (b)(3);
``(III) shall not be considered
unlawfully present for purposes of
section 212(a)(9)(B); and
``(IV) shall not be considered an
unauthorized alien (as defined in
section 274A(h)(3)).
``(ii) Evidence of application filing.--As
soon as practicable after receiving each
application for registered provisional
immigrant status, the Secretary shall provide
the applicant with a document acknowledging the
receipt of such application.
``(iii) Continuing employment.--An employer
who knows that an alien employee is an
applicant for registered provisional 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.--Section 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
immigrant 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 section unless such alien submits biometric and
biographic data in accordance with procedures
established by the Secretary.
``(B) Alternative procedures.--The Secretary shall
provide an alternative procedure for applicants who
cannot provide the standard biometric data required
under subparagraph (A) because of a physical
impairment.
``(C) Clearances.--
``(i) Data collection.--The Secretary shall
collect, from each alien applying for status
under this section, biometric, biographic, and
other data that the Secretary 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
enforcement 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
registered provisional immigrant status.
``(9) Duration of status and extension.--
``(A) In general.--The initial period of authorized
admission for a registered provisional immigrant--
``(i) shall remain valid for 6 years unless
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
status;
``(II) the alien meets the
employment requirements set forth in
subparagraph (B); and
``(III) such status was not revoked
by the Secretary for any reason.
``(B) Employment or education requirement.--Except
as provided in subparagraphs (D) and (E) of section
245C(b)(3), an alien may not be granted an extension of
registered provisional immigrant status under this
paragraph unless the alien establishes that, during the
alien's period of status as a registered provisional
immigrant, the alien--
``(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 subparagraph (A)(ii) unless the
applicant has satisfied any applicable Federal tax
liability in accordance 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 of such status under
paragraph (9)(A)(ii), shall pay a processing
fee to the Department 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 application, including
any costs incurred--
``(I) to adjudicate the
application;
``(II) to take and process
biometrics;
``(III) to perform national
security and criminal checks, including
adjudication;
``(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
unmarried children younger than 21
years of age; and
``(II) exempt defined classes of
individuals, including individuals
described in section 245B(c)(13), from
the payment of the fee authorized under
clause (i).
``(B) Deposit and use of processing fees.--Fees
collected under subparagraph (A)(i)--
``(i) shall be deposited into the
Comprehensive Immigration Reform Trust Fund
established under section 6(a)(1) of the Border
Security, Economic Opportunity, and Immigration
Modernization Act; and
``(ii) may be used for the purposes set
forth in section 6(a)(3)(B) of such Act.
``(C) Penalty.--
``(i) Payment.--In addition to the
processing fee required under subparagraph (A),
aliens not described in section 245D who are 21
years of age or older and are filing an
application under this subsection shall pay a
$1,000 penalty to the Department of Homeland
Security.
``(ii) Installments.--The Secretary shall
establish a process for collecting payments
required under clause (i) that--
``(I) requires the alien to pay
$500 in conjunction with the submission
of an application under this subsection
for registered provisional immigrant
status; and
``(II) allows the remaining $500 to
be paid in periodic installments that
shall be completed before the alien may
be granted an extension of status under
paragraph (9)(A)(ii).
``(iii) Deposit.--Penalties collected
pursuant to this subparagraph shall be
deposited into the Comprehensive Immigration
Reform Trust Fund established under section
6(a)(1) of the Border Security, Economic
Opportunity, and Immigration Modernization Act.
``(11) Adjudication.--
``(A) Failure to submit sufficient evidence.--The
Secretary shall deny an application submitted by an
alien who fails to submit--
``(i) requested initial evidence, including
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 immigrant 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
period described in paragraph (3); and
``(ii) contains all the required
information 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 provisional
immigrant status to each alien whose application for
such status has been approved.
``(B) Documentation features.--Documentary 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 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 period
of its validity by an employer as evidence 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 paragraph as `DACA') pursuant to
the Secretary's memorandum of June 15, 2012, has engaged in
conduct since the alien was granted DACA that would make the
alien ineligible for registered provisional immigrant status,
the Secretary may grant such status to the alien if renewed
national security and law enforcement clearances have been
completed on behalf of the alien.
``(d) Terms and Conditions of Registered Provisional Immigrant
Status.--
``(1) Conditions of registered provisional immigrant
status.--
``(A) Employment.--Notwithstanding any other
provision of law, including section 241(a)(7), a
registered provisional immigrant shall be authorized to
be employed in the United States while in such status.
``(B) Travel outside the united states.--A
registered provisional immigrant may travel outside of
the United States and may be admitted, if otherwise
admissible, upon returning to the United States without
having to obtain a visa if--
``(i) the alien is in possession of--
``(I) valid, unexpired documentary
evidence of registered provisional
immigrant status that complies with
subsection (c)(12); or
``(II) a travel document, duly
approved by the Secretary, that was
issued to the alien after the alien's
original documentary evidence was lost,
stolen, or destroyed;
``(ii) the alien's absence from the United
States did not exceed 180 days, unless the
alien's failure to timely return was due to
extenuating circumstances beyond the alien's
control;
``(iii) the alien meets the requirements
for an extension as described in subclauses (I)
and (III) of paragraph (9)(A); and
``(iv) the alien establishes that the alien
is not inadmissible under subparagraph (A)(i),
(A)(iii), (B), or (C) of section 212(a)(3).
``(C) Admission.--An alien granted registered
provisional immigrant status under this section shall
be considered to have been admitted and lawfully
present in the United States in 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
nonimmigrant or as an alien who has been
lawfully admitted for permanent residence.
``(2) Revocation.--
``(A) In general.--The Secretary may revoke the
status of a registered provisional immigrant 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
requirements 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--
``(I) for any single period longer
than 180 days in violation of the
requirements set forth in paragraph
(1)(B)(ii); or
``(II) for more than 180 days in
the aggregate during any calendar year,
unless the alien's failure to timely
return was due to extenuating
circumstances beyond the alien's
control.
``(B) Additional evidence.--In determining whether
to revoke an alien's status under subparagraph (A), the
Secretary may require the alien--
``(i) to submit additional evidence; or
``(ii) to appear for an interview.
``(C) Invalidation of documentation.--If an alien's
registered provisional immigrant status is revoked
under subparagraph (A), any documentation issued by the
Secretary to such alien under subsection (c)(12) shall
automatically be rendered invalid for any purpose
except for departure from the United States.
``(3) Ineligibility for public benefits.--An alien who has
been granted registered provisional immigrant status under this
section is not eligible for any Federal means-tested public
benefit (as such term is defined in section 403 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1613)).
``(4) Treatment of registered provisional immigrants.--A
noncitizen granted registered provisional immigrant status
under this section shall be considered lawfully present in the
United States for all purposes while such noncitizen remains in
such status, except that the noncitizen--
``(A) is not entitled to the premium assistance tax
credit authorized under section 36B of the Internal
Revenue Code of 1986;
``(B) shall be subject to the rules applicable to
individuals not lawfully present that are set forth in
subsection (e) of such section; and
``(C) shall be subject to the rules applicable to
individuals not lawfully present that are set forth in
section 1402(e) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18071).
``(5) Assignment of social security number.--
``(A) In general.--The Commissioner of Social
Security, in coordination with the Secretary, shall
implement a system to allow for the assignment of a
Social Security number and the issuance of a Social
Security card to each alien who has been granted
registered provisional immigrant status under this
section.
``(B) Use of information.--The Secretary shall
provide the Commissioner of Social Security with
information from the applications filed by aliens
granted registered provisional immigrant status under
this section and such other information as the
Commissioner determines to be necessary to assign a
Social Security account number to such aliens. The
Commissioner may use information received from the
Secretary under this subparagraph to assign Social
Security account numbers to such aliens and to
administer the programs of the Social Security
Administration. The Commissioner may maintain, use, and
disclose such information only as permitted under
section 552a of title 5, United States Code (commonly
known as the Privacy Act of 1974) and other applicable
Federal laws.
``(e) Dissemination of Information on Registered Provisional
Immigrant Program.--As soon as practicable after the date of the
enactment of the Border Security, Economic Opportunity, and Immigration
Modernization Act, the Secretary, in cooperation with entities approved
by the Secretary, and in accordance with a plan adopted by the
Secretary, shall broadly disseminate, 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 status;
``(2) the terms and conditions of such status; and
``(3) the eligibility requirements for such status.''.
(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.''.
SEC. 2102. ADJUSTMENT OF STATUS OF REGISTERED PROVISIONAL 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 PROVISIONAL IMMIGRANTS.
``(a) In General.--Subject to section 245E(d) and section
2302(c)(3) of the Border Security, Economic Opportunity, and
Immigration Modernization Act, the Secretary 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
immigrant satisfies the eligibility requirements set forth in
subsection (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 status.
``(B) Continuous physical presence.--The alien
establishes, to the satisfaction of the Secretary, that
the alien was not continuously absent from the United
States for more than 180 days in any calendar year
during the period of admission as a registered
provisional immigrant, unless the alien's absence was
due to extenuating circumstances beyond the alien's
control.
``(C) Maintenance of waivers of admissibility.--The
grounds of inadmissibility set forth in section 212(a)
that were previously waived for the alien or made
inapplicable under section 245B(b) shall not apply for
purposes of the alien's adjustment of status under this
section.
``(D) Pending revocation proceedings.--If the
Secretary has notified the applicant that the Secretary
intends to revoke the applicant's registered
provisional immigrant status under section
245B(d)(2)(A), the Secretary may not approve an
application for adjustment of status under this section
unless the Secretary makes a final determination not to
revoke the applicant's status.
``(2) Payment of taxes.--
``(A) In general.--An applicant may not file an
application for adjustment of status under this section
unless the applicant has satisfied any applicable
Federal tax liability.
``(B) Definition of applicable federal tax
liability.--In subparagraph (A), the term `applicable
Federal tax liability' means all assessed Federal
income taxes since the date on which the applicant was
authorized to work in the United States as a registered
provisional immigrant under section 245B(a).
``(C) Compliance.--The applicant may demonstrate
compliance with subparagraph (A) by submitting such
documentation as the Secretary, in consultation with
the Secretary of the Treasury, may require by
regulation.
``(3) Employment or education requirement.--
``(A) In general.--Except as provided in
subparagraphs (D) and (E), an alien applying for
adjustment of status under this section shall establish
that, during his or her period of status as a
registered provisional immigrant, he or she--
``(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) can demonstrate average income or
resources that are not less than 125 percent of
the Federal poverty level throughout the period
of admission as a registered provisional
immigrant.
``(B) Evidence of employment.--
``(i) Documents.--An alien may satisfy the
employment requirement under subparagraph
(A)(i) by submitting, to the Secretary, records
that--
``(I) establish, by the
preponderance of the evidence,
compliance with such employment
requirement; and
``(II) have been maintained by the
Social Security Administration, the
Internal Revenue Service, or any other
Federal, State, or local government
agency.
``(ii) Other documents.--An alien who is
unable to submit the records described in
clause (i) may satisfy the employment or
education requirement under subparagraph (A) by
submitting to the Secretary at least 2 types of
reliable documents not described in clause (i)
that provide 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
nonrelatives who have direct knowledge
of the alien's work or education, that
contain--
``(aa) the name, address,
and telephone number of the
affiant;
``(bb) the nature and
duration of the relationship
between the affiant and the
alien; and
``(cc) other verification
or information;
``(VI) remittance records; and
``(VII) school records from
institutions described in subparagraph
(D).
``(iii) Additional documents and
restrictions.--The Secretary may--
``(I) designate additional
documents that may be used to establish
compliance with the requirement under
subparagraph (A); and
``(II) set such terms and
conditions 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 requirement.--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 subparagraph (A), in whole or in
part, by providing evidence of full-time attendance
at--
``(i) an institution of higher education
(as defined in section 102(a) of the Higher
Education Act of 1965 (20 U.S.C. 1002(a)));
``(ii) a secondary school (as defined in
section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801));
``(iii) an education, literacy, or career
training program (including vocational
training) that is designed to lead to placement
in postsecondary education, job training, or
employment through which the alien is working
toward such placement; or
``(iv) an education program assisting
students either in obtaining a regular high
school diploma or its recognized equivalent
under state law (including a certificate of
completion, certificate of attendance, or
alternate award), or in passing a General
Educational Development exam or other
equivalent State-authorized exam.
``(E) Authorization of exceptions and waivers.--
``(i) Exceptions based on age or
disability.--The employment and education
requirements under this paragraph shall not
apply to any alien who --
``(I) is younger than 21 years of
age on the date on which the alien
files an application for the first
extension of the initial period of
authorized admission as a registered
provisional immigrant;
``(II) is at least 60 years of age
on the date on which the alien files an
application described in subclause (II)
or at least 65 years of age on the date
on which the alien's status is adjusted
under this section; or
``(III) has a physical or mental
disability (as defined in section 3(2)
of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12102(2))) or as a
result of pregnancy if such condition
is evidenced by the submission of
documentation prescribed by the
Secretary.
``(ii) Family exceptions.--The employment
and education requirements under this paragraph
shall not apply to any alien who is a dependent
registered provisional immigrant under
subsection (b)(5).
``(iii) Temporary exceptions.--The
employment and education requirements under
this paragraph shall not apply during any
period during which the alien--
``(I) was on medical leave,
maternity leave, or other employment
leave authorized by Federal law, State
law, or the policy of the employer;
``(II) is or was the primary
caretaker of a child or another person
who requires supervision or is unable
to care for himself or herself; or
``(III) was unable to work due to
circumstances outside the control of
the alien.
``(iv) Waiver.--The Secretary may waive the
employment or education requirements under this
paragraph with respect to any individual alien
who demonstrates extreme hardship to himself or
herself or to a spouse, parent, or child who is
a United States citizen or lawful permanent
resident.
``(4) English skills.--
``(A) In general.--Except as provided under
subparagraph (C), a registered provisional immigrant
who is 16 years of age or older shall establish that he
or she--
``(i) meets the requirements set forth in
section 312; or
``(ii) is satisfactorily pursuing a course
of study, pursuant to standards established by
the Secretary of Education, in consultation
with the Secretary, to achieve an understanding
of English and knowledge and understanding of
the history and Government of the United
States, as described in section 312(a).
``(B) Relation to naturalization examination.--A
registered provisional immigrant who demonstrates that
he or she meets the requirements set forth in section
312 may be considered to have satisfied such
requirements for purposes of becoming naturalized as a
citizen of the United States.
``(C) Exceptions.--
``(i) Mandatory.--Subparagraph (A) shall
not apply to any person who is unable to comply
with the requirements under that subparagraph
because of a physical or developmental
disability or mental impairment.
``(ii) Discretionary.--The Secretary may
waive all or part of subparagraph (A) for a
registered provisional immigrant who is 70
years of age or older on the date on which an
application is filed for adjustment of status
under this section.
``(5) Military selective service.--The alien shall provide
proof of registration under the Military Selective Service Act
(50 U.S.C. App. 451 et seq.) if the alien is subject to such
registration.
``(c) Application Procedures.--
``(1) In general.--Beginning on the date described in
paragraph (2), a registered provisional immigrant, or a
registered provisional immigrant dependent, who meets the
eligibility requirements set forth in subsection (b) may apply
for adjustment of status to that of an alien lawfully admitted
for permanent residence by submitting an application to the
Secretary that includes the evidence required, by regulation,
to demonstrate the applicant's eligibility for such adjustment.
``(2) Back of the line.--The status of a registered
provisional immigrant may not be adjusted to that of an alien
lawfully admitted for permanent residence under this section
until after the Secretary of State certifies that immigrant
visas have become available for all approved petitions for
immigrant visas that were filed under sections 201 and 203
before the date of the enactment of the Border Security,
Economic Opportunity, and Immigration Modernization Act.
``(3) Interview.--The Secretary may interview applicants
for adjustment of status under this section to determine
whether they meet the eligibility requirements set forth in
subsection (b).
``(4) Security and law enforcement clearances.--The
Secretary may not adjust the status of a registered provisional
immigrant under this section until renewed national security
and law enforcement clearances have been completed with respect
to the registered provisional immigrant, to the satisfaction of
the Secretary.
``(5) Fees and penalties.--
``(A) Processing fees.--
``(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
applications;
``(II) taking and processing
biometrics;
``(III) performing national
security and criminal checks, including
adjudication;
``(IV) preventing and investigating
fraud; and
``(V) the administration of the
fees collected.
``(ii) 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
children; and
``(II) exempt other defined classes
of individuals from the payment of the
fee authorized under clause (i).
``(iii) Deposit and use of fees.--Fees
collected under this subparagraph--
``(I) shall be deposited into the
Comprehensive Immigration Reform Trust
Fund established under section 6(a)(1)
of the Border Security, Economic
Opportunity, and Immigration
Modernization Act; and
``(II) may be used for the purposes
set forth in section 6(a)(3)(B) of such
Act.
``(B) Penalties.--
``(i) In general.--In addition to the
processing fee required under subparagraph (A)
and the penalty required under section
245B(c)(6)(D), an alien who was 21 years of age
or older on the date on which the Border
Security, Economic Opportunity, and Immigration
Modernization Act was originally introduced in
the Senate and is filing an application for
adjustment of status under this section shall
pay a $1,000 penalty to the Secretary unless
the alien meets the requirements under section
245D(b).
``(ii) Installments.--The Secretary shall
establish a process for collecting payments
required under clause (i) through periodic
installments.
``(iii) Deposit, allocation, and spending
of penalties.--Penalties collected under this
subparagraph--
``(I) shall be deposited into the
Comprehensive Immigration Trust Fund
established under section 6(a)(1) of
the Border Security, Economic
Opportunity, and Immigration
Modernization Act; and
``(II) may be used for the purposes
set forth in section 6(a)(3)(B) of such
Act.''.
(b) Limitation on Registered Provisional Immigrants.--An alien
admitted as a registered provisional immigrant may only adjust status
to an alien lawfully admitted for permanent resident status under
section 2302 of this Act.
(c) Naturalization.--Section 319 (8 U.S.C. 1430) is amended--
(1) in the section heading, by striking ``and employees of
certain nonprofit organizations'' and inserting ``, employees
of certain nonprofit organizations, and other long-term lawful
residents''; and
(2) by adding at the end the following:
``(f) Any lawful permanent resident who was lawfully present in the
United States and eligible for work authorization for not less than 10
years before becoming a lawful permanent resident may be naturalized
upon compliance with all the requirements under this title except the
provisions of section 316(a)(1) if such person, immediately preceding
the date on which the person filed an application for naturalization--
``(1) has resided continuously within the United States,
after being lawfully admitted for permanent residence, for at
least 3 years;
``(2) during the 3-year period immediately preceding such
filing date, has been physically present in the United States
for periods totaling at least 50 percent of such period; and
``(3) has resided within the State or in the jurisdiction
of the U.S. Citizenship and Immigration 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 CHILDREN.
``(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 Higher Education Act of 1965 (20
U.S.C. 1002), except that the term does not include
institutions described in subsection (a)(1)(C) of such section.
``(2) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(3) Uniformed services.--The term `Uniformed 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 diploma or
obtained a general education development
certificate in the United States;
``(iv)(I) has acquired a degree from an
institution of higher education or has
completed at least 2 years, in good standing,
in a program for a bachelor's degree or higher
degree in the United States; or
``(II) has served in the Uniformed Services
for at least 4 years and, if discharged,
received an honorable discharge; and
``(v) has provided a list of each secondary
school (as that term is defined in section 9101
of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801)) that the alien
attended in the United States.
``(B) Hardship exception.--
``(i) In general.--The Secretary may adjust
the status of a registered provisional
immigrant to the status of a lawful permanent
resident if the alien--
``(I) satisfies the requirements
under clauses (i), (ii), (iii), and (v)
of subparagraph (A); and
``(II) demonstrates compelling
circumstances for the inability to
satisfy the requirement under
subparagraph (A)(iv).
``(C) Citizenship requirement.--
``(i) In general.--Except as provided in
clause (ii), the Secretary may not adjust the
status of an alien to lawful permanent resident
status under this section unless the alien
demonstrates that the alien satisfies the
requirements of section 312(a) of the
Immigration and Nationality Act (8 U.S.C.
1423(a)).
``(ii) Exception.--Clause (i) shall not
apply to an alien whose physical or
developmental disability or mental impairment
prevents the alien from meeting the
requirements such section.
``(D) Submission of biometric and biographic
data.--The Secretary may not adjust the status of an
alien to lawful permanent resident status unless the
alien--
``(i) submits biometric and biographic
data, in accordance with procedures established
by the Secretary; or
``(ii) complies with an alternative
procedure prescribed by the Secretary, if the
alien is unable to provide such biometric data
because of a physical impairment.
``(E) Background checks.--
``(i) Requirement for background checks.--
The Secretary shall utilize biometric,
biographic, and other data that the Secretary
determines appropriate--
``(I) to conduct security and law
enforcement background checks of an
alien applying for lawful permanent
resident status under this section; and
``(II) to determine whether there
is any criminal, national security, or
other factor that would render the
alien ineligible for such status.
``(ii) Completion of background checks.--
The Secretary may not adjust an alien's status
to the status of a lawful permanent resident
under this subsection until the security and
law enforcement background checks required
under clause (i) have been completed with
respect to the alien, to the satisfaction of
the Secretary.
``(2) Application for lawful permanent resident status.--
``(A) In general.--A registered provisional
immigrant seeking lawful permanent resident status
shall file an application for such status in such
manner as the Secretary of Homeland Security may
require.
``(B) Adjudication.--
``(i) In general.--The Secretary shall
evaluate each application filed by a registered
provisional immigrant under this paragraph to
determine whether the alien meets the
requirements under paragraph (1).
``(ii) Adjustment of status if favorable
determination.--If the Secretary determines
that the alien meets the requirements under
paragraph (1), the Secretary shall notify the
alien of such determination and adjust the
status of the alien to lawful permanent
resident status, effective as of the date of
such determination.
``(iii) Adverse determination.--If the
Secretary determines that the alien does not
meet the requirements under paragraph (1), the
Secretary shall notify the alien of such
determination.
``(C) Daca recipients.--The Secretary may adopt
streamlined procedures for applicants for adjustment to
lawful permanent resident status under this section who
were granted Deferred Action for Childhood Arrivals
(referred to in this paragraph as `DACA') pursuant to
the Secretary's memorandum of June 15, 2012.
``(3) Treatment for purposes of naturalization.--
``(A) In general.--An alien granted lawful
permanent resident status under this subsection 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 registered provisional immigrant.
``(B) Limitation on application for
naturalization.--An alien may not apply for
naturalization while the alien is a registered
provisional immigrant..''.
(c) Exemption From Numerical Limitations.--Section 201(b) (8 U.S.C.
1151(b)(1)) is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by inserting after subparagraph (D) the following:
``(E) Aliens whose status is adjusted to permanent resident
status under section 245C or 245D.''.
(d) Restoration of State Option To Determine Residency for Purposes
of Higher Education.--
(1) Repeal.--Section 505 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is
repealed.
(2) Effective date.--The repeal under paragraph (1) shall
take effect as if included in the original enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (division C of Public Law 104-208).
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.--
``(1) Prohibited disclosures.--Except as otherwise provided
in this subsection, no officer or employee of any Federal
agency may--
``(A) use the information furnished in an
application for lawful status under section 245B, 245C,
or 245D for any purpose other than to make a
determination on any application by the alien for any
immigration benefit or protection;
``(B) make any publication through which
information furnished by any particular applicant can
be identified; or
``(C) permit anyone other than the sworn officers,
employees, and contractors of such agency or of another
entity approved by the Secretary of Homeland Security
to examine individual applications that have been filed
under either such section.
``(2) Required disclosures.--The Secretary shall provide
the information furnished in an application filed under section
245B, 245C, or 245D and any other information derived from such
furnished information to--
``(A) a law enforcement agency, intelligence
agency, national security agency, component of the
Department of Homeland Security, court, or grand jury
if such information is requested by such entity,
consistent with law, in connection with--
``(i) a criminal investigation or
prosecution 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
affirmatively identifying a deceased individual,
whether or not the death of such individual resulted
from a crime.
``(3) Auditing and evaluation of information.--The
Secretary may--
``(A) audit and evaluate information furnished 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 investigating,
prosecuting, referring for prosecution, or denying or
terminating immigration benefits.
``(b) Employer Protections.--
``(1) Use of employment records.--Copies of employment
records or other evidence of employment provided by an alien or
by an alien's employer in support of an alien's application for
registered provisional immigrant status under section 245B may
not be used in a civil or criminal prosecution or investigation
of that employer under section 274A or the Internal Revenue
Code of 1986 for the prior unlawful employment of that alien
regardless of the adjudication of such application or
reconsideration by the Secretary of Homeland Security of such
alien's prima facie eligibility determination. Employers that
provide unauthorized aliens with copies of employment records
or other evidence of employment pursuant to an application for
registered provisional immigrant status shall not be subject to
civil and criminal liability pursuant to section 274A for
employing such unauthorized aliens.
``(2) Limit on applicability.--The protections for
employers and aliens under paragraph (1) shall not apply if the
aliens or employers submit employment records that are deemed
to be fraudulent.
``(c) Administrative Review.--
``(1) Exclusive administrative review.--Administrative
review of a determination respecting an application for status
under section 245B, 245C, or 245D shall be conducted solely in
accordance with this subsection.
``(2) Administrative appellate review.--
``(A) Establishment of administrative appellate
authority.--The Secretary of Homeland Security shall
establish or designate an appellate authority to
provide for a single level of administrative appellate
review of a determination with respect to applications
for, or revocation of, status under sections 245B,
245C, and 245D.
``(B) Single appeal for each administrative
decision.--
``(i) In general.--An alien in the United
States whose application for status under
section 245B, 245C, or 245D has been denied or
revoked may file with the Secretary not more
than 1 appeal of each decision to deny or
revoke such status.
``(ii) Notice of appeal.--A notice of
appeal filed under this subparagraph shall be
filed not later than 90 days after the date of
service of the decision of denial or
revocation, unless the delay was reasonably
justifiable.
``(C) Review by secretary.--Nothing in this
paragraph may be construed to limit the authority of
the Secretary to certify appeals for review and final
administrative decision.
``(D) Denial of petitions for dependents.--Appeals
of a decision to deny or revoke a petition filed by a
registered provisional immigrant pursuant to
regulations promulgated under section 245B to classify
a spouse or child of such alien as a registered
provisional immigrant shall be subject to the
administrative appellate authority described in
subparagraph (A).
``(E) Stay of removal.--Aliens seeking
administrative review shall not be removed from the
United States until a final decision is rendered
establishing ineligibility for status under section
245B, 245C, or 245D.
``(3) Record for review.--Administrative appellate review
under paragraph (2) shall be de novo and based solely upon--
``(A) the administrative record established at the
time of the determination on the application; and
``(B) any additional newly discovered or previously
unavailable evidence.
``(4) Unlawful presence.--During the period in which an
alien may request administrative review under this subsection,
and during the period that any such review is pending, the
alien shall not be considered `unlawfully present in the United
States' for purposes of section 212(a)(9)(B).
``(d) Privacy and Civil Liberties.--
``(1) In general.--The Secretary, in accordance with
subsection (a)(1), shall require appropriate administrative and
physical safeguards to protect the security, confidentiality,
and integrity of personally identifiable information collected,
maintained, and disseminated pursuant to sections 245B, 245C,
and 245D.
``(2) Assessments.--Notwithstanding the privacy
requirements set forth in section 222 of the Homeland Security
Act (6 U.S.C. 142) and the E-Government Act of 2002 (Public Law
107-347), the Secretary shall conduct a privacy impact
assessment and a civil liberties impact assessment of the
legalization program established under sections 245B, 245C, and
245D during the pendency of the interim final regulations
required to be issued under section 2110 of the Border
Security, Economic Opportunity, and Immigration Modernization
Act.''.
(b) Judicial Review.--Section 242 (8 U.S.C. 1252) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by inserting ``the
exercise of discretion arising under'' after ``no court
shall have jurisdiction to review'';
(B) in subparagraph (D), by striking ``raised upon
a petition for review filed with an appropriate court
of appeals in accordance with this section'';
(2) in subsection (b)(2), by inserting ``or, in the case of
a decision rendered under section 245E(c), in the judicial
circuit in which the petitioner resides'' after
``proceedings''; and
(3) by adding at the end the following:
``(h) Judicial Review of Eligibility Determinations Relating to
Status Under Chapter 5.--
``(1) Direct review.--If an alien's application under
section 245B, 245C, or 245D is denied, or is revoked after the
exhaustion of administrative appellate review under section
245E(c), the alien may seek review of such decision, in
accordance with chapter 7 of title 5, United States Code,
before the 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 accrue
unlawful presence for purposes of section 212(a)(9);
``(B) any unexpired grant of voluntary departure
under section 240B shall be tolled; and
``(C) the court shall have the discretion to stay
the execution of any order of exclusion, deportation,
or removal.
``(3) Review after removal proceedings.--An alien may seek
judicial review of a denial or revocation of approval of the
alien's application under section 245B, 245C, or 245D in the
appropriate United States court of appeal in conjunction with
the judicial review of an order of removal, deportation, or
exclusion if the validity of the denial has not been upheld in
a prior judicial proceeding under paragraph (1).
``(4) Standard for judicial review.--
``(A) Basis.--Judicial review of a denial, or
revocation of an approval, of an application under
section 245B, 245C, or 245D shall be based upon the
administrative record established at the time of the
review.
``(B) Authority to remand.--The reviewing court may
remand a case under this subsection to the Secretary of
Homeland Security for consideration of additional
evidence if the court finds that--
``(i) the additional evidence is material;
and
``(ii) there were reasonable grounds for
failure to adduce the additional evidence
before the Secretary.
``(C) Scope of review.--Notwithstanding any other
provision of law, judicial review of all questions
arising from a denial, or revocation of 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 district courts
shall have jurisdiction over any cause or claim arising
from a pattern or practice of the Secretary of Homeland
Security in the operation or implementation of the
Border Security, Economic Opportunity, and Immigration
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 appropriate 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, written policy, or written
directive, issued or unwritten policy or practice
initiated by or under the authority of the Secretary of
Homeland Security to implement such sections, violates
the Constitution of the United States or is otherwise
in violation of law is available exclusively in an
action instituted in United States District Court in
accordance with the procedures prescribed in this
paragraph.
``(B) Savings provision.--Except as provided in
subparagraph (C), nothing in subparagraph (A) may be
construed to preclude an applicant under 245B, 245C, or
245D from asserting that an action taken or a decision
made by the Secretary with respect to the applicant's
status was contrary to law.
``(C) Class actions.--Any claim described in
subparagraph (A) that is brought as a class action
shall be brought in conformity with--
``(i) the Class Action Fairness Act of 2005
(Public Law 109-2); and
``(ii) the Federal Rules of Civil
Procedure.
``(D) Preclusive effect.--The final disposition of
any claim brought under subparagraph (A) shall be
preclusive of any such claim asserted by the same
individual in a subsequent proceeding under this
subsection.
``(E) Exhaustion and stay of proceedings.--
``(i) In general.--No claim brought under
this paragraph shall require the plaintiff to
exhaust administrative remedies under section
245E(c).
``(ii) Stay authorized.--Nothing in this
paragraph may be construed to prevent the court
from staying proceedings under this paragraph
to permit the Secretary to evaluate an
allegation of an unwritten policy or practice
or to take corrective action. In determining
whether to issue such a stay, the court shall
take into account any harm the stay may cause
to the claimant.''.
(c) Rule of Construction.--Section 244(h) shall not limit the
authority of the Secretary to adjust the status of an alien under
section 245C or 245D of the Immigration and Nationality Act, as added
by this subtitle.
(d) Effect of Failure to Register on Eligibility for Immigration
Benefits.--Failure to comply with section 264.1(f) of title 8, Code of
Federal Regulations or with removal orders or voluntary departure
agreements based on such section for acts committed before the date of
the enactment of this Act shall not affect the eligibility of an alien
to apply for a benefit under the Immigration 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
immigrants 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 following:
``Sec. 1430. Improper use of information relating to registered
provisional immigrant applications
``Any person who knowingly uses, publishes, or permits information
described in section 245E(a) of the Immigration 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 collected under
section 1430 of title 18, United States Code, as added by subsection
(a), shall be deposited into the Comprehensive Immigration Reform Trust
Fund established under section 6(a)(1).
(c) Clerical Amendment.--The table of sections in chapter 69 of
title 18, United States Code, is amended by adding at the end the
following:
``1430. Improper use of information relating to registered provisional
immigrant applications.''.
SEC. 2106. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.
(a) Establishment.--The Secretary may establish, within U.S.
Citizenship and Immigration Services, a program to award grants, on a
competitive basis, to eligible public or private nonprofit
organizations that will use the funding to assist eligible applicants
under section 245B, 245C, or 245D of the Immigration and Nationality
Act by providing them with the services described in subsection (c).
(b) Eligible Public or Private Non-profit Organization.--The term
``eligible public or private nonprofit'' means a nonprofit, tax-exempt
organization, including a community, faith-based or other immigrant-
serving organization, whose staff has demonstrated qualifications,
experience, and expertise in providing quality services to immigrants,
refugees, persons granted asylum, or persons applying for such
statuses.
(c) Use of Funds.--Grant funds awarded under this section may be
used for the design and implementation of programs that provide--
(1) information to the public regarding the eligibility and
benefits of registered provisional immigrant status authorized
under section 245B of the Immigration and Nationality Act,
particularly individuals potentially eligible for such status;
(2) assistance, within the scope of authorized practice of
immigration law, to individuals submitting applications for
registered provisional immigrant status, including--
(A) screening prospective applicants to assess
their eligibility for such status;
(B) completing applications and petitions,
including providing assistance in obtaining the
requisite documents and supporting evidence;
(C) applying for any waivers for which applicants
and qualifying family members may be eligible; and
(D) providing any other assistance that the
Secretary or grantees consider useful or necessary to
apply for registered provisional immigrant status;
(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 Immigration and Nationality Act; and
(4) assistance, within the scope of authorized practice of
immigration law, and instruction, to individuals--
(A) on the rights and responsibilities of United
States citizenship;
(B) in civics and civics-based English as a second
language; and
(C) in applying for United States citizenship.
(d) Source of Grant Funds.--
(1) Application fees.--The Secretary may use up to
$50,000,000 from the Comprehensive Immigration Reform Trust
Fund established under section 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 fiscal years 2014 through
2018 to carry out this section.
(B) Availability.--Any amounts appropriated
pursuant to subparagraph (A) shall remain available
until expended.
SEC. 2107. CONFORMING AMENDMENTS TO THE SOCIAL SECURITY ACT.
(a) Correction of Social Security Records.--
(1) In general.--Section 208(e)(1) of the Social Security
Act (42 U.S.C. 408(e)(1)) is amended--
(A) in subparagraph (B)(ii), by striking ``or'' at
the end;
(B) in subparagraph (C), by striking the comma at
the end and inserting a semicolon;
(C) by inserting after subparagraph (C) the
following:
``(D) who is granted status as a registered
provisional immigrant under section 245B or 245D of the
Immigration and Nationality Act; or
``(E) whose status is adjusted to that of lawful
permanent resident under section 245C of the
Immigration and Nationality Act,''; and
(D) in the undesignated matter at the end, by
inserting ``, or in the case of an alien described in
subparagraph (D) or (E), if such conduct is alleged to
have occurred before the date on which the alien
submitted an application under section 245B of such Act
for classification 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 (including
detention pursuant to) an immigration proceeding,
unless the parent is unfit or unwilling to be a parent
of the child.
(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 political
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 removed or
in which a parent or relative resides--
(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
described 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
(B) appropriate services have been provided (and
documented) to the parent or relative.
(3) Conforming amendment.--Section 475(5)(E)(ii) of the
Social Security Act (42 U.S.C. 675(5)(E)) is amended by
inserting ``, including the reason set forth in section
2107(b)(1) of the Border Security, Economic Opportunity, and
Immigration Modernization Act'' after ``child''.
(c) Children Separated From Parents and Caregivers.--
(1) State plan for foster care and adoption assistance.--
Section 471(a) of the Social Security 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 giving
preference to an adult relative over a nonrelated caregiver
when determining a placement for a child if--
``(A) the relative caregiver meets all relevant
State child protection standards; and
``(B) the standards referred to in subparagraph (A)
ensure that the immigration status alone of a parent,
legal guardian, or relative shall not disqualify the
parent, legal guardian, or relative from being a
placement for a child;''; and
(B) in paragraph (32), by striking ``and'' at the
end;
(C) in paragraph (33), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(34) provides that the State shall--
``(A) ensure that the case manager for a separated
child is capable of communicating in the native
language of such child and of the family of such child,
or an interpreter who is so capable is provided to
communicate with such child and the family of such
child at no cost to the child or to the family of such
child;
``(B) coordinate with the Department of Homeland
Security to ensure that parents who wish for their
child to accompany them to their country of origin are
given adequate time and assistance to obtain a passport
and visa, and to collect all relevant vital documents,
such as birth certificate, health, and educational
records and other information;
``(C) coordinate with State agencies regarding
alternate documentation requirements for a criminal
records check or a fingerprint-based check for a
caregiver that does not have Federal or State-issued
identification;
``(D) preserve, to the greatest extent possible,
the privacy and confidentiality of all information
gathered in the course of administering the care,
custody, and placement of, and follow up services
provided to, a separated child, consistent with the
best interest of such child, by not disclosing such
information to other government agencies or persons
(other than a parent, guardian, or relative caregiver
or such child), except that the head of the State
agency may disclose such information, after placing a
written record of the disclosure in the file of the
child--
``(i) to a consular official for the
purpose of reunification of a child with a
parent, legal guardian, or relative caregiver
who has been removed or is involved in an
immigration proceeding, unless the child has
refused contact with, or the sharing of
personal or identifying information with, the
government of his or her country of origin;
``(ii) when authorized to do so by the
child (if the child has attained 18 years of
age) if the disclosure is consistent with the
best interest of the child; or
``(iii) to a law enforcement agency if the
disclosure would prevent imminent and serious
harm to another individual; and
``(E) not less frequently than annually, compile,
update, and publish a list of entities in the State
that are qualified to provide guardian and legal
representation services for a separated child, in a
language such that a child can read and understand.''.
(2) Additional information to be included in case plan.--
Section 475 of such Act (42 U.S.C. 675) is amended--
(A) in paragraph (1), by adding at the end the
following:
``(H) In the case of a separated child with respect
to whom the State plan requires the State to provide
services under section 471(a)(34)--
``(i) the location of the parent, guardian,
or relative described in paragraph (9)(A) from
whom the child has been separated; and
``(ii) a written record of each disclosure
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 provided to, the child.'';
and
(B) by adding at the end the following:
``(9) The term `separated child' means an individual who--
``(A) has a parent, legal guardian, or primary
caregiver who has been--
``(i) detained by a Federal, State, or
local law enforcement agency in the enforcement
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 responsibility of
a State.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the 1st day of the 1st calendar quarter
that begins after the 1-year period that begins on the date of
the enactment of this Act.
SEC. 2108. GOVERNMENT CONTRACTING AND ACQUISITION OF REAL PROPERTY
INTEREST.
(a) Exemption From Government Contracting and Hiring Rules.--
(1) In general.--A determination by a Federal agency to use
a procurement competition exemption under section 253(c) of
title 41, United States Code, or to use the authority granted
in paragraph (2), for the purpose of implementing this title
and the amendments made by this title is not subject to
challenge by protest to the Government Accountability Office
under sections 3551 and 3556 of title 31, United States Code,
or to the Court of Federal Claims, under section 1491 of title
28, United States Code. An agency shall immediately advise 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
made by this title if the senior procurement executive for the
agency conducting the procurement--
(A) determines that the waiver or modification is
necessary; and
(B) submits an explanation for such determination
to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives.
(3) Hiring rules exemption.--Notwithstanding any other
provision of law, the Secretary of Homeland Security is
authorized to make term, temporary limited, and part-time
appointments of employees who will implement this title and the
amendments made by this title without regard to the number of
such employees, their ratio to permanent full-time employees,
and the duration of their employment. Nothing in chapter 71 of
title 5, United States Code, shall affect the authority of any
Department of Homeland Security management official to hire
term, temporary limited or part-time employees under this
paragraph.
(b) Authority to Waive Annuity Limitations.--Section 824(g)(2)(B)
of the Foreign Service Act of 1980 (22 U.S.C. 4064(g)(2)(B)) is amended
by striking ``2009'' and inserting ``2017''.
(c) Authority to Acquire Leaseholds.--Notwithstanding any other
provision of law, the Secretary of Homeland Security may acquire a
leasehold interest in real property, and may provide in a lease entered
into under this subsection for the construction or modification of any
facility on the leased property, if the Secretary determines that the
acquisition of such interest, and such construction or modification,
are necessary in order to facilitate the implementation of this title
and the amendments made by this title.
SEC. 2109. LONG-TERM LEGAL RESIDENTS OF THE COMMONWEALTH OF THE
NORTHERN MARIANA ISLANDS.
Section (6)(e) of the Joint Resolution entitled ``A Joint
Resolution to approve the `Covenant to Establish a Commonwealth of the
Northern Mariana Islands in Political Union with the United States of
America', and for other purposes'', approved March 24, 1976 (48 U.S.C.
1806(e)), as added by section 702 of the Consolidated Natural Resources
Act of 2008 (Public Law 110-229; 122 Stat. 854), is amended by adding
at the end the following:
``(6) Special provision regarding long-term residents of
the commonwealth.--
``(A) CNMI-only resident status.--Notwithstanding
paragraph (1), an alien described in subparagraph (B)
may, upon the application of the alien, be admitted as
an immigrant to the Commonwealth subject to the
following rules:
``(i) The alien shall be treated as an
immigrant lawfully admitted for permanent
residence in the Commonwealth only, including
permitting entry to and exit from the
Commonwealth, until the earlier of the date on
which--
``(I) the alien ceases to
permanently reside in the Commonwealth;
or
``(II) the alien's status is
adjusted under this paragraph or
section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) to that
of an alien lawfully admitted for
permanent residence in accordance with
all applicable eligibility
requirements.
``(ii) The Secretary of Homeland Security
shall establish a process for such aliens to
apply for CNMI-only permanent resident status
during the 90-day period beginning on the first
day of the sixth month after the date of the
enactment of this paragraph.
``(iii) Nothing in this subparagraph may be
construed to provide any alien status under
this subparagraph with public assistance to
which the alien is not otherwise entitled.
``(B) Aliens described.--An alien is described in
this subparagraph if the alien--
``(i) is lawfully present in the
Commonwealth under the immigration laws of the
United States;
``(ii) is otherwise admissible to the
United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.);
``(iii) resided continuously and lawfully
in the Commonwealth from November 28, 2009,
through the date of the enactment of this
paragraph;
``(iv) is not a citizen of the Republic of
the Marshall Islands, the Federated States of
Micronesia, or the Republic of Palau; and
``(v)(I) was born in the Northern Mariana
Islands between January 1, 1974 and January 9,
1978;
``(II) was, on May 8, 2008, and continues
to be as of the date of the enactment of this
paragraph, a permanent resident (as defined in
section 4303 of title 3 of the Northern Mariana
Islands Commonwealth Code, in effect on May 8,
2008);
``(III) is the spouse or child (as defined
in section 101(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1101(b)(1))), of an
alien described in subclauses (I) or (II);
``(IV) was, on May 8, 2008, an immediate
relative (as defined in section 4303 of title 3
of the Northern Mariana Islands Commonwealth
Code, in effect on May 8, 2008, of a United
States citizen, notwithstanding the age of the
United States citizen, and continues to be such
an immediate relative on the date of the
application described in subparagraph (A);
``(V) resided in the Northern Mariana
Islands as a guest worker under Commonwealth
immigration law for at least 5 years before May
8, 2008 and is presently resident under CW-1
status; or
``(VI) is the spouse or child (as defined
in section 101(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1101(b)(1))), of the
alien guest worker described in subclause (V)
and is presently resident under CW-2 status.
``(C) Adjustment for long term and permanent
residents.--Beginning on the date that is 5 years after
the date of the enactment of the Border Security,
Economic Opportunity, and Immigration Modernization
Act, an alien described in subparagraph (B) may apply
to receive an immigrant visa or to adjust his or her
status to that of an alien lawfully admitted for
permanent residence.''.
SEC. 2110. RULEMAKING.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary, the Attorney General, and the
Secretary of State separately shall issue interim final regulations to
implement this subtitle and the amendments made by this subtitle, which
shall take effect immediately upon publication in the Federal Register.
(b) Application Procedures; Processing Fees; Documentation.--The
interim final regulations issued under subsection (a) shall include--
(1) the procedures by which an alien, and the dependent
spouse and children of such alien may apply for status under
section 245B of the Immigration and Nationality Act, as added
by section 2101 of this Act, as a registered provisional
immigrant or a registered provisional immigrant dependent, as
applicable, including the evidence required to demonstrate
eligibility for such status or to be included in each
application for such status;
(2) the criteria to be used by the Secretary to determine--
(A) the maximum processing fee payable under
sections 245B(c)(10)(B) and 245C(c)(5)(A) of such Act
by a family, including spouses and unmarried children
younger than 21 years of age; and
(B) which individuals will be exempt from such
fees;
(3) the documentation required to be submitted by the
applicant to demonstrate compliance with section 245C(b)(3) of
such Act; and
(4) the procedures for a registered provisional immigrant
to apply for adjustment of status under section 245C or 245D of
such Act, including the evidence required to be submitted with
such application to demonstrate the applicant's eligibility for
such adjustment.
(c) Exemption From National Environmental Policy Act.--Any decision
by the Secretary concerning any rulemaking action, plan, or program
described in this section shall not be considered to be a major Federal
action subject to review under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
SEC. 2111. STATUTORY CONSTRUCTION.
Except as specifically provided, nothing in this subtitle, or any
amendment made by this subtitle, may be construed to create any
substantive or procedural right or benefit that is legally enforceable
by any party against the United States or its agencies or officers or
any other person.
Subtitle B--Agricultural Worker Program
SEC. 2201. SHORT TITLE.
This subtitle may be cited as the ``Agricultural Worker 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 temporary 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 Migrant and
Seasonal Agricultural Worker Protection Act (29 U.S.C.
1802), without regard to whether the specific service
or activity is temporary or seasonal; and
(B) includes farming in all its branches, the
cultivation and tillage of the soil, dairying, the
production, cultivation, growing, and harvesting of any
agricultural or horticultural commodities, the raising
of livestock, bees, fur-bearing animals, or poultry,
and any practices (including any forestry or lumbering
operations) performed by a farmer or on a farm as an
incident to, or in conjunction with, such farming
operations, including preparation for market, delivery
to storage or to market or to carriers for
transportation to market.
(3) Child.--The term ``child'' has the meaning given the
term in section 101(b)(1) of the Immigration and Nationality
Act (8 U.S.C. 1101(b)(1)).
(4) Employer.--The term ``employer'' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in agricultural
employment.
(5) Qualified designated entity.--The term ``qualified
designated entity'' means--
(A) a qualified farm labor organization or an
association of employers designated by the Secretary;
or
(B) any other entity that the Secretary designates
as having substantial experience, demonstrated
competence, and a history of long-term involvement in
the preparation and submission of application for
adjustment of status under title II of the Immigration
and Nationality Act (8 U.S.C. 1151 et seq.).
(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 STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
Subchapter A--Blue Card Status
SEC. 2211. REQUIREMENTS FOR BLUE CARD STATUS.
(a) Requirements for Blue Card Status.--Notwithstanding any other
provision of law, the Secretary, after conducting the national security
and law enforcement 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 Nationality Act.
(b) Application.--
(1) In general.--An alien who meets the eligibility
requirements set forth in subsection (a)(1), may apply for blue
card status and that alien's spouse or child may apply for
agricultural worker status as a dependent, by submitting a
completed application form to the Secretary during the
application period set forth in paragraph (2) in accordance
with the final rule promulgated by the Secretary pursuant to
subsection (f).
(2) Application period.--
(A) Initial period.--Except as provided in
subparagraph (B), the Secretary may only accept
applications for blue card status from aliens in the
United States during the 1-year period beginning on the
date on which the final rule is published in the
Federal Register pursuant to subsection (f).
(B) Extension.--If the Secretary determines, during
the initial period described in subparagraph (A), that
additional time is required to process applications for
blue card status or for other good cause, the Secretary
may extend the period for accepting applications for an
additional 18 months.
(3) Application form.--
(A) Required information.--The application form
referred to in paragraph (1) shall collect such
information as the Secretary determines necessary and
appropriate.
(B) Family application.--The Secretary shall
establish a process through which an alien may submit a
single application under this section on behalf of the
alien, his or her spouse, and his or her children, who
are residing in the United States.
(C) Interview.--The Secretary may interview
applicants for blue card status to determine whether
they meet the eligibility requirements set forth in
subsection (a)(1).
(4) Aliens apprehended before or during the application
period.--If an alien, who is apprehended during the period
beginning on the date of the enactment of this Act and ending
on the application period described in paragraph (2), appears
prima facie eligible for blue card status, the Secretary--
(A) shall provide the alien with a reasonable
opportunity to file an application under this section
during such application period; and
(B) may not remove the individual until a final
administrative determination is made on the
application.
(5) Suspension of removal during application period.--
(A) Protection from detention or removal.--An alien
granted blue card status may not be detained by the
Secretary or removed from the United States unless--
(i) such alien is, or has become,
ineligible 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 Immigration 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 removal,
deportation, or exclusion proceedings before
the Executive Office for Immigration Review and
is prima facie eligible for blue card status
under this section--
(I) the Secretary shall provide the
alien with the opportunity to file an
application for such status; and
(II) upon motion by the Secretary
and with the consent of the alien or
upon motion by the alien, the Executive
Office for Immigration Review shall--
(aa) terminate such
proceedings without prejudice
to future proceedings on any
basis; and
(bb) provide the alien a
reasonable opportunity to apply
for such status; and
(ii) if the Executive Office for
Immigration Review determines that an alien,
during the application period described in
paragraph (2), is in removal, deportation, or
exclusion proceedings before the Executive
Office for Immigration Review and is prima
facie eligible for blue card status under this
section--
(I) the Executive Office of
Immigration Review shall notify the
Secretary of such determination; and
(II) if the Secretary does not
dispute the determination of prima
facie eligibility within 7 days after
such notification, the Executive Office
for Immigration Review, upon consent of
the alien, shall--
(aa) terminate such
proceedings without prejudice
to future proceedings on any
basis; and
(bb) permit the alien a
reasonable opportunity to apply
for such status.
(C) Treatment of certain aliens.--
(i) In general.--If an alien who meets the
eligibility requirements set forth in
subsection (a) is present in the United States
and has been ordered excluded, deported, or
removed, or ordered to depart voluntarily from
the United States under any provision of this
Act--
(I) notwithstanding such order or
section 241(a)(5) of the Immigration
and Nationality Act (8 U.S.C.
1231(a)(5)), the alien may apply for
blue card status under this section;
and
(II) if the alien is granted such
status, the alien shall file a motion
to reopen the exclusion, deportation,
removal, or voluntary departure order,
which motion shall be granted unless 1
or more of the grounds of ineligibility
is established by clear and convincing
evidence.
(ii) Limitations on motions to reopen.--The
limitations on motions to reopen set forth in
section 240(c)(7) of the Immigration and
Nationality Act (8 U.S.C. 1229a(c)(7)) shall
not apply to motions filed under clause
(i)(II).
(D) Period pending adjudication of application.--
(i) In general.--During the period
beginning on the date on which an alien applies
for blue card status under paragraph (1) and
the date on which the Secretary makes a final
decision regarding such application, the
alien--
(I) may receive advance parole to
reenter the United States if urgent
humanitarian circumstances compel such
travel;
(II) may not be detained by the
Secretary or removed from the United
States unless the Secretary makes a
prima facie determination that such
alien is, or has become, ineligible for
blue card status under subsection
(a)(1)(c);
(III) shall not be considered
unlawfully present for purposes of
section 212(a)(9)(B) of the Immigration
and Nationality Act (8 U.S.C.
1182(a)(9)(B)); and
(IV) shall not be considered an
unauthorized alien (as defined in
section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C.
1324a(h)(3))).
(ii) Evidence of application filing.--As
soon as practicable after receiving 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 section 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 employee's application.
(iv) Effect of departure.--Section 101(g)
of the Immigration and Nationality 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.
(6) Security and law enforcement clearances.--
(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 submits biometric and biographic data in
accordance with procedures established by the
Secretary.
(B) Alternative procedures.--The Secretary shall
provide an alternative procedure for applicants who
cannot provide the standard biometric data required
under subparagraph (A) because of a physical
impairment.
(C) Clearances.--
(i) Data collection.--The Secretary shall
collect, from each alien applying for status
under this section, biometric, biographic, and
other data that the Secretary 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
enforcement 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 Secretary 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 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 application, including
any costs incurred--
(I) to adjudicate the application;
(II) to take and process
biometrics;
(III) to perform national security
and criminal checks, including
adjudication;
(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
unmarried children younger than 21
years of age; and
(II) exempt defined classes of
individuals from the payment of the fee
authorized under clause (i).
(B) Deposit and use of processing fees.--Fees
collected pursuant to subparagraph (A)(i)--
(i) shall be deposited into the
Comprehensive 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 subparagraph (A), aliens who
are 21 years of age or older and are applying
for blue card status 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 Reform Trust Fund
established under section 6(a)(1).
(9) Adjudication.--
(A) Failure to submit sufficient evidence.--The
Secretary shall deny an application submitted by an
alien who fails to submit--
(i) requested initial evidence, including
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 period
described in paragraph (2); and
(ii) contains all the required information
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.
(B) Documentation features.--Documentary 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 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 period of
its validity by an employer as evidence 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 prescribe.
(c) Terms and Conditions of Blue Card Status.--
(1) Conditions of blue card status.--
(A) Employment.--Notwithstanding any other
provision of law, including section 241(a)(7) of the
Immigration and Nationality Act (8 U.S.C. 1231(a)(7)),
an alien with blue card status shall be authorized to
be employed in the United States while in such status.
(B) Travel outside the united states.--An alien
with blue card status may travel outside of the United
States and may be admitted, if otherwise admissible,
upon returning to the United States without having to
obtain a visa if--
(i) the alien is in possession of--
(I) valid, unexpired documentary
evidence of blue card status that
complies with subsection (b)(11); or
(II) a travel document that has
been approved by the Secretary and was
issued to the alien after the alien's
original documentary evidence was lost,
stolen, or destroyed;
(ii) the alien's absence from the United
States did not exceed 180 days, unless the
alien's failure to timely return was 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 Nationality Act (8 U.S.C.
1182(a)(3)).
(C) Admission.--An alien granted blue card status
shall be considered to have been admitted 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
nonimmigrant or as an alien who has been
lawfully admitted for permanent residence.
(2) Revocation.--
(A) In general.--The Secretary may revoke blue card
status 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) of the Immigration and Nationality Act,
as added by section 2104(a) of this Act, if the alien--
(i) no longer meets the eligibility
requirements 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
requirement 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 timely
return was due to extenuating
circumstances 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 require the alien--
(I) to submit additional evidence;
or
(II) to appear for an interview.
(ii) Effect of noncompliance.--The status
of an alien who fails to comply with any
requirement imposed by the Secretary under
clause (i) shall be revoked unless the alien
demonstrates to the Secretary's satisfaction
that such failure was reasonably excusable.
(C) Invalidation of documentation.--If an alien's
blue card status is revoked under subparagraph (A), any
documentation issued by the Secretary to such alien
under subsection (b)(11) shall automatically be
rendered invalid for any purpose except for departure
from the United States.
(3) Ineligibility for public benefits.--An alien who has
been granted blue card status is not eligible for any Federal
means-tested public benefit (as such term is defined in section
403 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1613).
(4) Treatment of blue card status.--A noncitizen granted
blue card status shall be considered lawfully present in the
United States for all purposes while such noncitizen remains in
such status, except that the noncitizen--
(A) is not entitled to the premium assistance tax
credit authorized under section 36B of the Internal
Revenue Code of 1986;
(B) shall be subject to the rules applicable to
individuals who are not lawfully present set forth in
subsection (e) of such section; and
(C) shall be subject to the rules applicable to
individuals who are not lawfully present set forth in
section 1402(e) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18071(e)).
(5) Adjustment to registered provisional immigrant
status.--The Secretary may adjust the status of an alien who
has been granted blue card status to the status of a registered
provisional immigrant under section 245B if the Secretary
determines that the alien is unable to fulfill the agricultural
service requirement set forth in section 2212(a)(1).
(d) Record of Employment.--
(1) In general.--Each employer of an alien granted blue
card status shall annually provide--
(A) a written record of employment to the alien;
and
(B) a copy of such record to the Secretary of
Agriculture.
(2) Civil penalties.--
(A) In general.--If the Secretary finds, after
notice and an opportunity for a hearing, that an
employer of an alien granted blue card status has
knowingly failed to provide the record of employment
required under paragraph (1) or has provided a false
statement of material fact in such a record, the
employer shall be subject to a civil penalty in an
amount not to exceed $500 per violation.
(B) Limitation.--The penalty under subparagraph (A)
for failure to provide employment records shall not
apply unless the alien has provided the employer with
evidence of employment authorization provided under
subsection (c).
(C) Deposit of civil penalties.--Civil penalties
collected under this paragraph shall be deposited in
the Comprehensive Immigration Reform Trust Fund
established under section 6(a)(1).
(3) Termination of obligation.--The obligation 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 consultation with the
Secretary of Agriculture, shall issue final regulations for granting
blue card status under this section.
SEC. 2212. ADJUSTMENT TO PERMANENT RESIDENT STATUS.
(a) In General.--Except as provided in subsection (b), and not
earlier than 5 years after the date of the enactment 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, performed not less than
100 work days of agricultural employment during each of
5 years; or
(B) during the 5-year period beginning on the date
of the enactment of this Act, performed not less than
150 work days of agricultural employment during each of
3 years.
(2) Evidence.--An alien may demonstrate compliance with the
requirement under paragraph (1) by submitting--
(A) the record of employment described in section
2211(e);
(B) documentation that may be submitted under
subsection (e)(5); or
(C) any other documentation designated by the
Secretary for such purpose.
(3) Extraordinary circumstances.--
(A) In general.--In determining whether an alien
has met the requirement under paragraph (1), the
Secretary may credit the alien with not more than 12
additional months of agricultural 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 disease
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;
(iii) severe weather conditions that
prevented the alien from engaging in
agricultural employment for a significant
period of time; or
(iv) termination from agricultural
employment, 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 determination under
subparagraph (A)(iv), with respect to an alien, shall
not be conclusive, binding, or admissible in a separate
or subsequent judicial or administrative action or
proceeding 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 agricultural card status expires.
(5) Fine.--The alien pays a fine of $400 to the Secretary,
which shall be deposited into the Comprehensive Immigration
Reform Trust Fund established under section 6(a)(1).
(b) Grounds for Denial of Adjustment of Status.--
(1) In general.--The Secretary may not adjust the status of
an alien granted blue card status if the alien--
(A) is no longer eligible for blue card status; or
(B) failed to perform the qualifying employment
requirement under subsection (a)(1), considering any
amount credited by the Secretary under subsection
(a)(3).
(2) Maintenance of waivers of inadmissibility.--The grounds
of inadmissibility set forth in section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) that were
previously waived for the alien or made inapplicable shall not
apply for purposes of the alien's adjustment of status under
this section.
(3) Pending revocation proceedings.--If the Secretary has
notified the applicant that the Secretary intends to revoke the
applicant's blue card status, the Secretary may not approve an
application for adjustment of status under this section unless
the Secretary makes a final determination not to revoke the
applicant's status.
(4) Payment of taxes.--
(A) In general.--An applicant may not file an
application for adjustment of status under this section
unless the applicant has satisfied any applicable
Federal tax liability.
(B) Compliance.--The applicant may demonstrate
compliance with subparagraph (A) by submitting such
documentation as the Secretary, in consultation with
the Secretary of the Treasury, may require by
regulation.
(c) Spouses and Children.--Notwithstanding any other provision of
law, the Secretary shall grant permanent resident status to the spouse
or child of an alien whose status was adjusted under subsection (a)
if--
(1) the spouse or child applies for such status;
(2) the principal alien includes the spouse and children in
an application for adjustment of status to that of a lawful
permanent resident; and
(3) the spouse or child is not ineligible under section
245B(b)(3).
(d) Numerical Limitations Do Not Apply.--
(1) In general.--The numerical limitations under sections
201 and 202 of the Immigration and Nationality Act (8 U.S.C.
1151 and 1152) shall not apply to the adjustment of aliens to
lawful permanent resident status under this section.
(2) Conforming amendment.--Section 201(b)(1) is amended by
adding at the end the following:
``(F) Aliens granted lawful permanent resident
status under section 245B.''.
(e) Submission of Applications.--
(1) Interview.--The Secretary may interview applicants for
adjustment of status under this section to determine whether
they meet the eligibility requirements set forth in this
section.
(2) Fees .--
(A) In general.--Applicants for adjustment 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 administration
of the fees collected.
(B) Authority to limit fees.--The Secretary, by
regulation--
(i) may limit the maximum processing fee
payable under this paragraph by a family,
including spouses and unmarried children
younger than 21 years of age; and
(ii) may exempt individuals described in
section 245B(c)(10) of the Immigration and
Nationality Act, as added by section 2201 of
this Act, and other defined classes of
individuals from the payment of the fee under
subparagraph (A).
(3) Disposition of fees.--
(A) In general.--All fees collected under paragraph
(1)(A) shall be deposited as offsetting receipts into
the Comprehensive Immigration Reform Trust Fund
established under section 6(a)(1).
(B) Use of fees for application processing.--
Amounts deposited into the Comprehensive Immigration
Reform Trust Fund pursuant to subparagraph (A) shall
remain available to the Secretary until expended for
processing applications for agriculture card status or
for adjustment of status under this section or section
2211.
(4) Documentation of work history.--
(A) Burden of proof.--An alien applying for blue
card status under this section or for adjustment of
status under subsection (a) has provided evidence that
the alien has worked the requisite number of hours or
days required under section 2211(a)(1) or subsection
(a)(3), as applicable.
(B) Timely production of records.--If an employer
or farm labor contractor employing such an alien has
kept proper and adequate records respecting such
employment, the alien's burden of proof under
subparagraph (A) may be met by securing timely
production of those records under regulations to be
promulgated by the Secretary.
(C) Sufficient evidence.--An alien may meet the
burden of proof under subparagraph (A) to establish
that the alien has performed the days or hours of work
referred to in subparagraph (A) by producing sufficient
evidence to show the extent of that employment as a
matter of just and reasonable inference.
(f) Limitation on Access to Information.--Files and records
collected or compiled by a qualified designated entity for the purposes
of this section are confidential. The Secretary may not have access to
such a file or record relating to an alien without the consent of the
alien, except as allowed by a court order issued pursuant to subsection
(g).
(g) Confidentiality of Information.--Except as otherwise provided
in this section, the Secretary or any other official or employee of the
Department may not--
(1) use information furnished by the applicant pursuant to
an application filed under this subtitle, the information
provided by an applicant to a qualified designated entity, or
any information provided by an employer or former employer for
any purpose other than to make a determination on the
application or for imposing the penalties described in
subsection (h);
(2) make any publication in which the information furnished
by any particular individual can be identified; or
(3) permit a person other than a sworn officer or employee
of the Department or, with respect to applications filed with a
qualified designated entity, that qualified designated entity,
to examine individual applications.
(h) Penalties for False Statements in Applications.--
(1) Criminal penalty.--Any person who--
(A) files an application for blue card status under
section 2211 or an adjustment of status under this
section and knowingly and willfully falsifies,
conceals, or covers up a material fact or makes any
false, fictitious, or fraudulent statements or
representations, or makes or uses any false writing or
document knowing the same to contain any false,
fictitious, or fraudulent statement or entry; or
(B) creates or supplies a false writing or document
for use in making such an application,
shall be fined in accordance with title 18, United States Code,
imprisoned not more than 5 years, or both.
(2) Inadmissibility.--An alien who is convicted of a crime
under paragraph (1) shall be deemed inadmissible to the United
States on the ground described in section 212(a)(6)(C)(i) of
the Immigration and Nationality Act (8 U.S.C.
1182(a)(6)(C)(i)).
(3) Deposit.--Fines collected under paragraph (1) shall be
deposited into the Comprehensive Immigration Reform Trust Fund
established under section 6(a)(1).
(i) Eligibility for Legal Services.--Section 504(a)(11) of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-
55) may not be construed to prevent a recipient of funds under the
Legal Services Corporation Act (42 U.S.C. 2996 et seq.) from providing
legal assistance directly related to an application for blue card
status under section 2211 or an adjustment of status under this
section.
SEC. 2213. USE OF INFORMATION.
Beginning not later than the first day of the application period
described in section 2211(c)(1), the Secretary, in cooperation with
qualified designated entities, shall broadly disseminate information
respecting the benefits that aliens may receive under this subchapter
and the requirements that an alien is required to meet to receive such
benefits.
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 adjustment of
status pursuant to section 2212(a); and
(4) the number of aliens who received an adjustment of
status pursuant section 2212(a).
SEC. 2215. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary 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;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(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 before the date on which the alien
was granted blue card status under section 2211(a) of the
Agricultural Worker Program Act of 2013.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the seventh month that begins after the
date of the enactment of this Act.
CHAPTER 2--NONIMMIGRANT AGRICULTURAL VISA PROGRAM
SEC. 2231. NONIMMIGRANT CLASSIFICATION FOR NONIMMIGRANT AGRICULTURAL
WORKERS.
Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) is amended--
(1) in subparagraph (U), by striking ``or'' at the end;
(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 foreign
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 occupation 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 Secretary
of Agriculture has notified the Secretary of
Homeland Security and the Secretary 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 offer of
full-time employment in an agricultural
occupation from a designated agricultural
employer for such employment and is not
described in clause (i);
``(II) who meets the requirements under
section 218A for a nonimmigrant visa described
in this clause; and
``(III) with respect to whom the Secretary
of Agriculture has notified the Secretary of
Homeland Security and the Secretary of State
that the intending employer has accepted the
terms and conditions of such employment for
such a nonimmigrant.''.
SEC. 2232. ESTABLISHMENT OF NONIMMIGRANT AGRICULTURAL WORKER PROGRAM.
(a) In General.--Chapter 2 of title II of the Immigration and
Nationality Act (8 U.S.C. 211 et seq.) is amended by adding at the end
the following:
``SEC. 218A. NONIMMIGRANT AGRICULTURAL WORKER PROGRAM.
``(a) Definitions.--In this section and in section 101(a)(15)(W):
``(1) Agricultural employment.--The term `agricultural
employment'--
``(A) subject to subparagraph (B) has the meaning
given such term in section 3 of the Migrant and
Seasonal Agricultural Worker Protection Act (29 U.S.C.
1802), without regard to whether the specific service
or activity is temporary or seasonal; and
``(B) includes farming in all its branches, the
cultivation and tillage of the soil, dairying, the
production, cultivation, growing, and harvesting of any
agricultural or horticultural commodities, the raising
of livestock, bees, fur-bearing animals, or poultry,
and any practices (including any forestry or lumbering
operations) performed by a farmer or on a farm as an
incident to, or in conjunction with, such farming
operations, including preparation for market, delivery
to storage or to market or to carriers for
transportation to market.
``(2) At-will agricultural worker.--The term `at-will
agricultural worker' means an alien present in the United
States pursuant to section 101(a)(15)(W)(iv).
``(3) Blue card.--The term `blue card' means an employment
authorization and travel document issued to an alien granted
blue card status under section 2211(a) of the Agricultural Job
Opportunities, Benefits, and Security Act of 2013.
``(4) Contract agricultural worker.--The term `contract
agricultural worker' means an alien present in the United
States pursuant to section 101(a)(15)(W)(iii).
``(5) Designated agricultural employer.--The term
`designated agricultural employer' means an employer who is
registered with the Secretary of Agriculture pursuant to
subsection (e)(1).
``(6) Electronic job registry.--The term `Electronic Job
Registry' means the Electronic Job Registry of a State
workforce agency (or similar successor registry).
``(7) Employer.--Except as otherwise provided, the term
`employer' means any person or entity, including any farm labor
contractor and any agricultural association, that employs
workers in agricultural employment.
``(8) Nonimmigrant agricultural worker.--The term
`nonimmigrant agricultural worker' mean a nonimmigrant
described in clause (iii) or (iv) of section 101(a)(15)(W).
``(9) Program.--The term `Program' means the Nonimmigrant
Agricultural Worker Program established under subsection (b).
``(10) Secretary.--Except as otherwise specifically
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 permanent
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 authorized
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 Program unless such employer
is a designated agricultural employer and complies with the
terms of this section.
``(2) Worker.--An alien may not be employed for
agricultural employment under the Program unless such alien is
a nonimmigrant agricultural worker 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 nonimmigrant 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 accordance
with paragraph (2).
``(B) Quarterly allocation.--The annual allocation
of visas described in subparagraph (A) shall be evenly
allocated between the 4 quarters of the fiscal year
unless the Secretary determines that an alternative
allocation would better accommodate the seasonal demand
for visas. Any unused visas in a quarter shall be added
to the allocation for the subsequent quarter of the
same fiscal year.
``(C) Effect of 2nd or subsequent designated
agricultural employer.--A nonimmigrant agricultural
worker who has a valid visa issued under this section
that counted against the allocation described in
subparagraph (A) shall not be recounted against the
allocation if the worker is petitioned for by a
subsequent designated agricultural employer.
``(2) Annual adjustments for first 5 years of program.--
``(A) In general.--The Secretary, after reviewing
relevant evidence submitted by agricultural producers
and organizations representing agricultural workers,
may increase or decrease, as appropriate, the worldwide
level of visas under paragraph (1) for each of the 5
fiscal years referred to in paragraph (1) based on the
following factors:
``(i) A demonstrated shortage of
agricultural workers.
``(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
agricultural workers sought by employers during
the preceding fiscal year.
``(vi) The estimated number of United
States workers, including blue card workers,
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 employers
using the Electronic Job Registry during the
preceding fiscal year.
``(ix) Any growth or contraction of the
United States agricultural industry that has
increased or decreased the demand for
agricultural workers.
``(x) Any changes in the real wages paid to
agricultural workers in the United States as an
indication of a shortage or surplus of
agricultural labor.
``(B) Notification; implementation.--The Secretary
shall notify the Secretary of Homeland Security of any
change to the worldwide level of visas for nonimmigrant
agricultural workers. The Secretary of Homeland
Security shall implement such changes.
``(C) Emergency procedures.--The Secretary shall
establish, by regulation, procedures for immediately
adjusting an annual allocation under paragraph (1) for
severe labor shortages, as determined by the Secretary.
``(3) Sixth and subsequent years of program.--The
Secretary, in consultation with the Secretary of Labor, shall
establish the worldwide level of visas for nonimmigrant
agricultural workers for each fiscal year following the fiscal
years referred to in paragraph (1) after considering
appropriate factors, including--
``(A) a demonstrated shortage of agricultural
workers;
``(B) the level of unemployment and underemployment
of agricultural workers during the preceding fiscal
year;
``(C) the number of applications for blue card
status;
``(D) the number of blue card visa applications
approved;
``(E) the number of nonimmigrant agricultural
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 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;
``(H) the number of United States workers who
accepted jobs offered by employers using the Electronic
Job Registry during the preceding fiscal year;
``(I) any growth or contraction of the United
States agricultural industry that has increased or
decreased the demand for agricultural 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 agricultural
labor.
``(d) Requirements for Nonimmigrant Agricultural Workers.--
``(1) Eligibility for nonimmigrant agricultural worker
status.--
``(A) In general.--An alien is not eligible to be
admitted to the United States as a nonimmigrant
agricultural worker if the alien--
``(i) violated a material term or condition
of a previous admission as a nonimmigrant
agricultural worker during the most recent 3-
year period (other than a contract agricultural
worker who voluntarily abandons his or her
employment before the end of the contract
period or whose employment is terminated by the
employer for cause);
``(ii) has not obtained successful
clearance of any security and criminal
background checks required by the Secretary of
Homeland Security or any other examination
required under this Act; or
``(iii)(I) departed from the United States
while subject to an order of exclusion,
deportation, or removal, or pursuant to an
order of voluntary departure; and
``(II)(aa) is outside of the United States;
or
``(bb) has reentered the United States
illegally after December 31, 2012 without
receiving consent to the alien's reapplication
for admission under section 212(a)(9).
``(B) Waiver.--The Secretary may waive the
application of subparagraph (A)(iii) on behalf of an
alien if the alien--
``(i) is the spouse or child of a United
States citizen or lawful permanent resident;
``(ii) is the parent of a child who is a
United States citizen or lawful permanent
resident;
``(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 nonimmigrant
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 period
immediately preceding the date of the enactment
of this section.
``(2) Term of stay for nonimmigrant agricultural workers.--
``(A) In general.--
``(i) Initial admission.--A nonimmigrant
agricultural worker may be admitted into the
United States in such status for an initial
period of 3 years.
``(ii) Renewal.--A nonimmigrant
agricultural worker may renew such worker's
period of admission in the United States for 1
additional 3-year period.
``(B) Break in presence.--A nonimmigrant
agricultural worker who has been admitted to the United
States for 2 consecutive periods under subparagraph (A)
is ineligible to renew the alien's nonimmigrant
agricultural worker status until such alien--
``(i) returns to a residence outside the
United States for a period of not less than 3
months; and
``(ii) seeks to reenter the United States
under the terms of the Program as a
nonimmigrant agricultural worker.
``(3) Loss of status.--
``(A) In general.--An alien admitted as a
nonimmigrant agricultural worker shall be ineligible
for such status and shall be required to depart the
United States if such alien--
``(i) after the completion of his or her
contract with a designated agricultural
employer, is not employed in agricultural
employment by a designated agricultural
employer; or
``(ii) is an at-will agricultural worker
and is not continuously employed by a
designated agricultural employer in
agricultural employment as an at-will
agricultural worker.
``(B) Exception.--Subject to subparagraph (C), a
nonimmigrant agricultural worker has not violated
subparagraph (A) if the contract agricultural worker is
not employed in agricultural employment for a period
not to exceed 60 days.
``(C) Waiver.--Notwithstanding subparagraph (B),
the Secretary of Homeland Security may waive the
application of clause (i) or (ii) of subparagraph (A)
for a nonimmigrant agricultural worker who was not
employed in agricultural 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 requirement.--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 United States, the 60-day limit
specified in subparagraph (B) shall be tolled.
``(4) Portability of status.--
``(A) Contract agricultural workers.--
``(i) In general.--Except as provided in
clause (ii), an alien who entered the United
States as a contract agricultural worker may--
``(I) seek employment as a
nonimmigrant agricultural worker with a
designated agricultural employer other
than the designated agricultural
employer with whom the employee had a
contract described in section
101(a)(15)(W)(ii)(I); and
``(II) accept employment with such
new employer after the date the
contract agricultural worker completes
such contract.
``(ii) Voluntary abandonment; termination
for cause.--A contract agricultural worker who
voluntarily abandons his or her employment
before the end of the contract period or whose
employment is terminated for cause by the
employer--
``(I) may not accept subsequent
employment with another designated
agricultural employer without first
departing the United States and
reentering pursuant to a new offer of
employment; and
``(II) is not entitled to the 75
percent payment guarantee described in
subsection (e)(4)(B).
``(iii) Termination by mutual agreement.--
The termination of an employment contract by
mutual agreement of the designated agricultural
employer and the contract agricultural worker
shall not be considered voluntary abandonment
for purposes of clause (ii).
``(B) At-will agricultural workers.--An alien who
entered the United States as an at-will agricultural
worker may seek employment as an at-will agricultural
worker with any other designated agricultural employer
referred to in section 101(a)(15)(W)(iii)(I).
``(5) Prohibition on geographic limitation.--A nonimmigrant
visa issued to a nonimmigrant 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 employment with
designated agricultural employers.
``(6) Treatment of spouses and children.--A spouse or child
of a nonimmigrant agricultural 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 nonimmigrant
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 designated agricultural employer
status by submitting 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
identification 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 nonimmigrant
agricultural workers the employer 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.--
``(i) Registration number.--The Secretary
shall assign each employer that meets the
criteria established pursuant to subparagraph
(B) with a designated agricultural 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 Secretary 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
expertise;
``(II) internet access for
submitting such applications; and
``(III) a nonelectronic means for
submitting such registrations; and
``(ii) to provide resources about the
Program, including best practices and
compliance related assistance and resources or
training to assist in retention of such workers
to agricultural employers.
``(E) Deposit of registration fee.--All
registration fees collected under subparagraph (A)(ii)
shall be deposited in the Comprehensive Immigration
Reform Trust Fund established under section 6(a)(1) of
the Border Security, Economic Opportunity, and
Immigration Modernization Act.
``(2) Nonimmigrant agricultural worker petition process.--
``(A) In general.--Not later than 45 days before
the date on which nonimmigrant agricultural workers are
needed, a designated agricultural employer seeking to
employ such workers shall submit a petition to the
Secretary of Homeland Security that includes the
employer's designated agricultural employer
registration number.
``(B) Attestation.--An application submitted under
subparagraph (A) shall include an attestation of the
following
``(i) the number of named or unnamed
nonimmigrant agricultural workers the
designated agricultural employer is seeking to
employ during the applicable period of
employment;
``(ii) the total number of contract
agricultural workers and of at-will
agricultural workers the employer will require
for each occupational category;
``(iii) the anticipated period, including
expected beginning and ending dates, during
which such employees will be needed;
``(iv) evidence of contracts or written
disclosures of employment terms and conditions
in accordance with the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C.
1801 et seq.), which have been provided to the
nonimmigrant agricultural workers, or a sample
of such contract or disclosure for unnamed
workers;
``(v) the information submitted to the
State workforce agency pursuant to paragraph
(3)(A)(i);
``(vi) the record of United States workers
described in paragraph (3)(A)(iv) on the date
of the request;
``(vii) evidence of offers of employment
made to United States workers as required 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 agricultural 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 workers.--
``(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 employ a nonimmigrant
agricultural worker, the employer shall submit
the job posting for such worker to the local
office of the State workforce agency where the
job site is located and authorize the posting
of the job opportunity on `America's Job Bank'
or other Electronic Job Registry for a period
of 45 days. Nothing in this clause may be
construed to require the employer to file an
interstate job order under section 653.500 of
title 20, Code of Federal Regulations.
``(ii) Construction.--Nothing in clause (i)
may be construed to cause a listing referred to
in clause (i) to be treated as an interstate
job order under section 653.500 of title 20,
Code of Federal Regulations (or similar
successor regulation).
``(iii) Record of united states workers.--
An employer shall keep a record of all
eligible, able, willing, and qualified United
States workers who apply for agricultural
employment with the employer for the
agricultural employment for which the
nonimmigrant agricultural nonimmigrant workers
are sought.
``(B) Requirement to hire.--
``(i) United states workers.--An employer
may not seek a nonimmigrant agricultural worker
for agricultural employment unless the employer
offers such employment to any equally or better
qualified United States worker who will be
available at the time and place of need and who
applies for such employment during the
recruitment 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
eligible 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
101(a)(15)(H)(ii)(a) for agricultural
employment if--
``(I) such worker worked for the
employer for 3 years during the 4-year
period ending on the date on which the
program authorized under section 218
(as in effect on the date of the
enactment of the Agricultural Worker
Program Act of 2013) is terminated; and
``(II) the employer pays such
worker the adverse effect wage rate
calculated under subsection (f)(5).
``(4) Additional program requirements for designated
agricultural employers.--Each designated agricultural employer
shall comply with the following requirements:
``(A) No displacement of united states workers.--
``(i) In general.--The employer shall not
displace a United States worker employed by the
employer, other than for good cause, during the
period of employment of the nonimmigrant
agricultural worker and for a period of 30 days
preceding such period in the occupation and at
the location of employment for which the
employer seeks to employ nonimmigrant
agricultural workers.
``(ii) Labor dispute.--The employer shall
not employ a nonimmigrant agricultural worker
for a specific job for which the employer is
requesting a nonimmigrant agricultural worker
because the former occupant of the job is on
strike or being locked out in the course of a
labor dispute.
``(B) Guarantee of employment for contract
agricultural workers.--
``(i) Offer to contract worker.--The
employer shall guarantee to offer contract
agricultural workers employment for the hourly
equivalent of at least 75 percent of the work
days of the total period of employment,
beginning with the first work day after the
arrival of the worker at the place of
employment and ending on the expiration date
specified in the job offer. In this clause, the
term `hourly equivalent' means the number of
hours in the work days as stated in the job
offer and shall exclude the worker's Sabbath
and Federal holidays. If the employer affords
the contract agricultural worker less
employment than the number of hours required
under this subparagraph, the employer shall pay
such worker the amount the worker would have
earned had the worker worked the guaranteed
number of hours.
``(ii) Failure to work.--Any hours which
the worker fails to work, up to a maximum of
the number of hours specified in the job offer
for a work day, when the worker has been
offered an opportunity to do so, and all hours
of work actually performed (including voluntary
work in excess of the number of hours specified
in the job offer in a work day, on the worker's
Sabbath, or on Federal holidays) may be counted
by the employer in calculating whether the
period of guaranteed employment has been met.
``(iii) Contract impossibility.--If, before
the expiration of the period of employment
specified in the job offer, the services of a
contract agricultural worker are no longer
required for reasons beyond the control of the
employer due to any form of natural disaster,
including a flood, hurricane, freeze,
earthquake, fire, drought, plant or animal
disease or pest infestation, or regulatory
drought, before the guarantee in subparagraph
(A) is fulfilled, the employer--
``(I) may terminate the worker's
employment;
``(II) shall fulfill the employment
guarantee described in subparagraph (B)
for the work days that have elapsed
from the first work day after the
arrival of the worker to the
termination of employment;
``(III) shall make efforts to
transfer the worker to other comparable
employment acceptable to the worker;
and
``(IV) if such a transfer does not
take place, shall provide the return
transportation required under
subparagraph (J).
``(C) Workers' compensation.--
``(i) Requirement to provide.--If a job
referred to in paragraph (3) is not covered by
the State workers' compensation law, the
employer shall provide, at no cost to the
nonimmigrant agricultural worker, insurance
covering injury and disease arising out of, and
in the course of, such job.
``(ii) Benefits.--The insurance required to
be provided under clause (i) shall provide
benefits at least equal to those provided under
and pursuant to State's workers' compensation
law for comparable employment.
``(D) Prohibition for use for nonagricultural
services.--The employer may not employ a nonimmigrant
agricultural worker for employment other than
agricultural employment.
``(E) Wages.--The employer shall pay the wage
required under subsection (f).
``(F) Deduction of wages.--The employer shall make
only deductions from a nonimmigrant agricultural
worker's wages that are authorized by law or are
reasonable and customary in the occupation and area of
employment of such worker.
``(G) Requirement to provide housing or a housing
allowance.--
``(i) In general.--Except as provided in
clauses (iv) and (v), a designated agricultural
employer shall offer to provide a nonimmigrant
agricultural worker with housing in accordance
with clause (ii) or (iii).
``(ii) Housing.--An employer may provide
housing to a nonimmigrant agricultural worker
that meets--
``(I) applicable Federal standards
for temporary labor camps; or
``(II) applicable local standards
(or, in the absence of applicable local
standards, State standards) for rental
or public accommodation housing or
other substantially similar class of
habitation.
``(iii) Housing payments.--
``(I) Public housing.--If the
employer arranges public housing for
nonimmigrant agricultural workers
through a State, county, or local
government program and such public
housing units normally require payments
from tenants, such payments shall be
made by the employer directly to the
landlord.
``(II) Deposits.--Deposits for
bedding or other similar incidentals
related to housing shall not be
collected from workers by employers who
provide housing for such workers.
``(III) Damages.--The employer may
require any worker who is responsible
for damage to housing that did not
result from normal wear and tear
related to habitation to reimburse the
employer for the reasonable cost of
repairing such damage.
``(iv) Housing allowance alternative.--
``(I) In general.--The employer may
provide a reasonable housing allowance
instead of providing housing under
clause (i). Upon the request of a
worker seeking assistance in locating
housing, the employer shall make a good
faith effort to assist the worker in
identifying and locating housing in the
area of intended employment. An
employer who offers a housing allowance
to a worker or assists a worker in
locating housing, which the worker
occupies shall not be deemed a housing
provided under section 203 of the
Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1823)
solely by virtue of providing such
housing allowance. No housing allowance
may be used for housing that is owned
or controlled by the employer.
``(II) Certification requirement.--
Contract agricultural workers may only
be provided a housing allowance if the
Governor of the State in which the
place of employment is located
certifies to the Secretary that there
is adequate housing available in the
area of intended employment for migrant
farm workers and contract agricultural
workers who are seeking temporary
housing while employed in agricultural
work. Such certification shall expire
after 3 years unless renewed by the
Governor of the State.
``(III) Amount of allowance.--
``(aa) Nonmetropolitan
counties.--If the place of
employment of the workers
provided an allowance under
this clause is a
nonmetropolitan county, the
amount of the housing allowance
under this clause shall be
equal to the average fair
market rental for existing
housing in nonmetropolitan
counties in the State in which
the place of employment is
located, as established by the
Secretary of Housing and Urban
Development pursuant to section
8(c) of the United States
Housing Act of 1937 (42 U.S.C.
1437f(c)), based on a 2-bedroom
dwelling unit and an assumption
of 2 persons per bedroom.
``(bb) Metropolitan
counties.--If the place of
employment of the workers
provided an allowance under
this clause is a metropolitan
county, the amount of the
housing allowance under this
clause shall be equal to the
average fair market rental for
existing housing in
metropolitan counties in the
State in which the place of
employment is located, as
established by the Secretary of
Housing and Urban Development
pursuant to section 8(c) of the
United States Housing Act of
1937 (42 U.S.C. 1437f(c)),
based on a 2-bedroom dwelling
unit and an assumption of 2
persons per bedroom.
``(v) Exception for commuting workers.--
Nothing in this subparagraph may be construed
to require an employer to provide housing or a
housing allowance to workers who reside outside
of the United States if their place of
residence is within normal commuting distance
and the job site is within 50 miles of an
international land border of the United States.
``(H) Worksite transportation for contract
workers.--During the period a designated agricultural
employer employs a contract worker, such employer
shall, at the employer's option, provide or reimburse
the contract worker for the cost of transportation from
the contract worker's residence in the United States to
the contract worker's place of employment.
``(I) Reimbursement of transportation to place of
employment.--
``(i) In general.--Except as provided in
subclause (II) a contract agricultural worker
who completes at least 27 months under his or
her contract with the same designated
agricultural employer shall be reimbursed by
that employer for the cost of the worker's
transportation and subsistence from the place
of employment to the place from which the
worker came from abroad to work for the
employer.
``(ii) Limitation.--Except as provided in
clause (iii), the amount of reimbursement
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
transportation charges and subsistence
costs for the distance involved.
``(iii) Distance traveled.--The employer
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 housing
secured through an allowance described
in subclause (I)(iv).
``(J) Reimbursement of transportation from place of
employment.--
``(i) In general.--
``(I) In general.--Except as
provided in subclause (II), a contract
agricultural worker who completes at
least 75 percent of a contract for a
designated agricultural employer shall
be reimbursed by the employer for the
cost of the worker's transportation and
subsistence from the place of
employment to the place from which the
worker came to work for the employer.
``(II) Exception.--If a contract
agricultural worker was employed by
another designated agricultural worker
after terminating employment with the
designated agricultural employer
described in subclause (I) and before
returning to the place outside the
United States from which the worker
came, the subsequent designated
agricultural employer shall reimburse
the worker for the costs described in
subclause (I).
``(III) Single trip.--A contract
agricultural worker is only entitled to
be reimbursed by a designated
agricultural employer under this
subparagraph for travel to the place
from which the worker came at the time
the worker is leaving the Program.
``(ii) Limitation.--Except as provided in
clause (iii), the amount of reimbursement
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
transportation charges and subsistence
costs for the distance involved.
``(iii) Distance traveled.--The employer
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 housing
secured through an allowance described
in subclause (I)(iv).
``(iv) Early termination.--If a contract
agricultural worker is laid off or the worker's
employment is terminated for contract
impossibility (as described in subparagraph
(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 requirements.--If the Secretary
determines, after an opportunity for a hearing, that a
designated agricultural 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 Program for a
period of not more than 3 years.
``(f) Wages.--
``(1) Wage rate requirement.--
``(A) In general.--A nonimmigrant agricultural
worker employed by a designated agricultural 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 by the piece rate
or other incentive method and requires one or more
minimum productivity standards as a condition of job
retention, such standards shall be specified in the job
offer and be no more than those which have been
normally required (at the time of the employee's
initial entry into the country as a nonimmigrant
agricultural worker) by other employers for the
activity in the geographic area of the job, unless the
Secretary approves a higher standard.
``(2) Job categories.--For purposes of paragraph (1), each
nonimmigrant agricultural worker employed by such employer
shall be assigned to 1 of the following standard occupational
classifications, as defined by the Bureau of Labor Statistics:
``(A) First-Line Supervisors of Farming, Fishing,
and Forestry Workers (45-1011).
``(B) Animal Breeders (45-2021).
``(C) Graders and Sorters, Agricultural Products
(45-2041).
``(D) Agricultural equipment operator (45-2091).
``(E) Farmworkers and Laborers, Crop, Nursery, and
Greenhouse (45-2092).
``(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 fiscal 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;
``(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 described in subparagraph (A) by
an amount equal to--
``(i) 1.5 percent, if the percentage
increase in the Employment Cost Index for wages
and salaries during the previous fiscal 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 percentage
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 statistics.--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 producers and contractors and produce
improved wage data by State and the job categories set
out in subparagraphs (A) through (F) of paragraph (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 adversely affect
the wages and working conditions of workers in the
United States similarly employed;
``(B) whether the employment in the United States
of an alien admitted under section 101(a)(15)(H)(ii)(a)
or unauthorized aliens in the agricultural workforce
has depressed wages of United States workers engaged in
agricultural employment below the levels that would
otherwise have prevailed if such aliens had not been
employed in the United States;
``(C) whether wages of agricultural workers are
sufficient to support such workers and their families
at a level above the poverty thresholds determined by
the Bureau of Census;
``(D) the wages paid workers in the United States
who are not employed in agricultural employment but who
are employed in comparable employment;
``(E) the continued exclusion of employers of
nonimmigrant alien workers in agriculture from the
payment of taxes under chapter 21 of the Internal
Revenue Code of 1986 (26 U.S.C. 3101 et seq.) and
chapter 23 of such Code (26 U.S.C. 3301 et seq.);
``(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 producers 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 Agricultural
Worker Program Act of 2013; and
``(ii) may not be modified except as
provided in subparagraph (B).
``(B) Exception.--Until the Secretary establishes
the wage rates required under paragraph (3)(C), the
adverse effect wage rates in effect on the date of the
enactment of the Agricultural Worker Program Act of
2013 shall be--
``(i) deemed to be such wage rates; and
``(ii) after September 1, 2015, adjusted
annually in accordance with paragraph (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 workers 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 employer's nonimmigrants.
``(ii) Similarly situated u.s. workers.--
Except as provided in paragraph (3), all
similarly situated U.S. workers employed at the
same place of employment in the same
occupational classification as the nonimmigrant
workers must be provided the same wages,
benefits, and working conditions described in
this section.
``(iii) Exception.--Notwithstanding
subparagraph (2), an employer is not required
to provide housing for similarly situated
United States workers, other than United States
workers recruited and hired pursuant to an
offer of employment in connection with an
application.
``(B) Attestation.--
``(i) In general.--Each designated
agricultural employer shall include an
attestation that the employer is or is not a
Program dependent employer in its petition for
nonimmigrant agricultural workers under
paragraph (2).
``(ii) Program dependent employer
determination.--Each designated agricultural
employer shall annually determine whether the
employer is a Program dependent employer, with
at least 60 percent of its employees who are
not United States workers, based upon--
``(I) the total number of employees
employed by an employer during the
preceding calendar year, as evidenced
by the employer's payroll records; and
``(II) the employer's E-Verify
records indicating the citizenship and
alien status of each employee employed
by the employer.
``(C) Housing exception.--An employer described in
subparagraph (A) shall only be required to provide
housing to United States workers in accordance with
subsection (e)(4)(H) if such workers do not reside
within 100 miles of their place of employment.
``(g) Worker Protections and Dispute Resolution.--
``(1) Equality of treatment.--Nonimmigrant agricultural
workers shall not be denied any right or remedy under any
Federal, State, or local labor or employment law applicable to
United States workers engaged in agricultural employment.
``(2) Applicability of the migrant and seasonal
agricultural worker protection act.--
``(A) Migrant and seasonal agricultural worker
protection act.--Nonimmigrant agricultural workers
shall be considered migrant agricultural workers for
purposes of the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1801 et seq.).
``(B) Eligibility of nonimmigrant agricultural
workers for certain legal assistance.--A nonimmigrant
agricultural worker shall be considered to be lawfully
admitted for permanent residence for purposes of
establishing eligibility for legal services under the
Legal Services Corporation Act (42 U.S.C. 2996 et seq.)
on matters relating to wages, housing, transportation,
and other employment rights.
``(C) Mediation.--
``(i) Free mediation services.--The Federal
Mediation and Conciliation Service shall be
available to assist in resolving disputes
arising under this section between nonimmigrant
agricultural workers and designated
agricultural employers without charge to the
parties.
``(ii) Complaint.--If a nonimmigrant
agricultural worker files a complaint under
section 504 of the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C.
1854), not later than 60 days after the filing
of proof of service of the complaint, a party
to the action may file a request with the
Federal Mediation and Conciliation Service to
assist the parties in reaching a satisfactory
resolution of all issues involving all parties
to the dispute.
``(iii) Notice.--Upon filing a request
under clause (ii) and giving of notice to the
parties, the parties shall attempt mediation
within the period specified in clause (iv).
``(iv) 90-day limit.--The Federal Mediation
and Conciliation Service may conduct mediation
or other nonbinding dispute resolution
activities for a period not to exceed 90 days
beginning on the date on which the Federal
Mediation and Conciliation Service receives a
request for assistance under clause (ii) unless
the parties agree to an extension of such
period.
``(v) Authorization of appropriations.--
``(I) In general.--Subject to
clause (II), there are authorized to be
appropriated to the Federal Mediation
and Conciliation Service $500,000 for
each fiscal year to carry out this
subparagraph.
``(II) Mediation.--Notwithstanding
any other provision of law, the
Director of the Federal Mediation and
Conciliation Service is authorized--
``(aa) to conduct the
mediation or other dispute
resolution activities from any
other account containing
amounts available to the
Director; and
``(bb) to reimburse such
account 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 agricultural workers
shall be entitled to the rights granted to other classes of
aliens under sections 242(h) and 245E.
``(4) Waiver of rights.--Agreements by nonimmigrant
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 Security 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 receipt,
investigation, and disposition of complaints
respecting a designated agricultural employer's
failure to meet a condition specified in
subsection (e), or an employer's
misrepresentation of material facts in a
petition under subsection (e)(2).
``(ii) Filing.--Any aggrieved person or
organization, including bargaining
representatives, may file a complaint referred
to in clause (i) not later than 1 year after
the date of the failure or misrepresentation,
respectively.
``(iii) Investigation or hearing.--The
Secretary of Labor shall conduct an
investigation if there is reasonable cause to
believe that such failure or misrepresentation
has occurred.
``(B) Determination on complaint.--Under such
process, the Secretary of Labor shall provide, not
later than 30 days after the date on which such a
complaint is filed, for a determination as to whether
or not a reasonable basis exists to make a finding
described in subparagraph (C), (D), (E), or (F). If the
Secretary of Labor determines that such a reasonable
basis exists, the Secretary of Labor shall provide for
notice of such determination to the interested parties
and an opportunity for a hearing on the complaint, in
accordance with section 556 of title 5, United States
Code, within 60 days after the date of the
determination. If such a hearing is requested, the
Secretary of Labor shall make a finding concerning the
matter not later than 60 days after the date of the
hearing. In the case of similar complaints respecting
the same applicant, the Secretary of Labor may
consolidate the hearings under this subparagraph on
such complaints.
``(C) Failure to meet conditions.--If the Secretary
of Labor finds, after notice and opportunity for a
hearing, a failure to meet a condition under subsection
(e) or (f), or made a material misrepresentation of
fact in a petition under subsection (e)(2)--
``(i) the Secretary of Labor shall notify
the Secretary of such finding and may, in
addition, impose such other administrative
remedies (including civil money penalties in an
amount not to exceed $1,000 per violation) as
the Secretary of Labor determines to be
appropriate; and
``(ii) the Secretary may disqualify the
designated agricultural employer from the
employment of nonimmigrant agricultural workers
for a period of 1 year.
``(D) Willful failures and willful
misrepresentations.--If the Secretary of Labor finds,
after notice and opportunity for hearing, a willful
failure to meet a condition under subsection (e) or (f)
or a willful misrepresentation of a material fact in an
application or petition under paragraph (1) or (2) of
subsection (e)--
``(i) the Secretary of Labor shall notify
the Secretary of such finding and may, in
addition, impose such other administrative
remedies (including civil money penalties in an
amount not to exceed $5,000 per violation) as
the Secretary of Labor determines to be
appropriate;
``(ii) the Secretary of Labor may seek
appropriate legal or equitable relief to
effectuate the purposes of subsection (e)(8);
and
``(iii) the Secretary may disqualify the
designated agricultural employer from the
employment of nonimmigrant agricultural workers
for a period of 2 years.
``(E) Displacement of united states workers.--If
the Secretary of Labor finds, after notice and
opportunity for hearing, a willful failure to meet a
condition under subsection (e) or (f) or a willful
misrepresentation of a material fact in an application
or petition under paragraph (1) or (2) of subsection
(e), in the course of which failure or
misrepresentation the employer displaced a United
States worker employed by the employer during the
period of employment on the employer's petition under
subsection (e)(2) or during the period of 30 days
preceding such period of employment--
``(i) the Secretary of Labor shall notify
the Secretary of such finding and may, in
addition, impose such other administrative
remedies (including civil money penalties in an
amount not to exceed $15,000 per violation) as
the Secretary of Labor determines to be
appropriate; and
``(ii) the Secretary may disqualify the
employer from the employment of nonimmigrant
agricultural workers for a period of 3 years.
``(F) Failures to pay wages or required benefits.--
If the Secretary of Labor finds, after notice and
opportunity for a hearing, that the employer has failed
to pay the wages, or provide the housing allowance,
transportation, subsistence reimbursement, or guarantee
of employment required under subsection (e)(4) and (f),
the Secretary of Labor shall assess payment of back
wages, or other required benefits, due any United
States worker or nonimmigrant agricultural worker
employed by the employer in the specific employment in
question. The back wages or other required benefits
required under subsection (e) and (f) shall be equal to
the difference between the amount that should have been
paid and the amount that actually was paid to such
worker.
``(G) Disposition of penalties.--Civil penalties
collected under this paragraph shall be deposited into
the Comprehensive Immigration Reform Trust Fund
established under section 6(a)(1) of the Border
Security, Economic Opportunity, and Immigration
Modernization Act.
``(3) Limitations on civil money penalties.--The Secretary
of Labor shall not impose total civil money penalties with
respect to a petition under subsection (e)(2) in excess of
$90,000.
``(4) Election.--A nonimmigrant agricultural worker who has
filed an administrative complaint with the Secretary of Labor
may not maintain a civil action under paragraph (2) unless a
complaint based on the same violation filed with the Secretary
of Labor under subsection (a)(1) is withdrawn before the filing
of such action, in which case the rights and remedies available
under this subsection shall be exclusive.
``(5) Preclusive effect.--Any settlement by a nonimmigrant
agricultural worker, a designated agricultural employer, or any
person reached through the mediation process required under
subsection (g)(2)(C) shall preclude any right of action arising
out of the same facts between the parties in any Federal or
State court or administrative proceeding, unless specifically
provided otherwise in the settlement agreement.
``(6) Settlements.--Any settlement by the Secretary of
Labor on behalf of a designated agricultural worker on behalf
of a nonimmigrant agricultural worker of a complaint filed with
the Secretary of Labor under this section or any finding by the
Secretary of Labor under this subsection shall preclude any
right of action arising out of the same facts between the
parties under any Federal or State court or administrative
proceeding, unless specifically provided otherwise in the
settlement agreement.
``(7) Statutory construction.--Nothing in this subsection
may be construed as limiting the authority of the Secretary of
Labor to conduct any compliance investigation under any other
labor law, including any law affecting migrant and seasonal
agricultural workers, or, in the absence of a complaint under
this section, under paragraph (1), (3), or (4) of subsection
(e), in the settlement agreement.
``(8) Discrimination prohibited.--It is a violation of this
subsection for any person to intimidate, threaten, restrain,
coerce, blacklist, discharge, or in any other manner
discriminate against an employee, including a former employee
or an applicant for employment, because the employee--
``(A) has disclosed information to the employer, or
to any other person, that the employee reasonably
believes evidences a violation of subsection (e), or
any rule or regulation relating to subsection (e); or
``(B) cooperates or seeks to cooperate in an
investigation or other proceeding concerning the
employer's compliance with the requirements under
subsection (e) or any rule or regulation pertaining to
subsection (e).
``(9) Role of associations.--
``(A) Violation by a member of an association.--
``(i) In general.--If an association acting
as the agent of an employer files an
application on behalf of such employer, the
employer is fully responsible for such
application, and for complying with the terms
and conditions of subsection (e). If such an
employer is determined to have violated any
requirement described in this subsection, the
penalty for such violation shall apply only to
that employer except as provided in clause
(ii).
``(ii) Collective responsibility.--If the
Secretary of Labor determines that the
association or other members of the association
participated in, had knowledge of, or reason to
know of a violation described in clause (i),
the penalty shall also be invoked against the
association and complicit association members.
``(B) Violations by an association acting as an
employer.--
``(i) In general.--If an association filing
an application as a sole or joint employer is
determined to have violated any requirement
described in this section, the 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 Agricultural Occupations.--
``(1) Finding.--Certain industries possess unique
occupational characteristics that necessitate the Secretary of
Agriculture adopt special procedures relating to housing, pay,
and visa program application requirements for those industries.
``(2) Special procedures industries defined.--In this
subsection, the term `Special Procedures Industries' means--
``(A) sheepherding and goat herding;
``(B) itinerant commercial beekeeping and
pollination;
``(C) open range production of livestock;
``(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
anticipated 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 establish monthly,
weekly, or biweekly wage rates for occupations 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 and in an amount as re-determined
annually by the Secretary of Agriculture through rulemaking.
``(5) Housing.--The Secretary shall allow for the provision
of housing or a housing allowance by employers in Special
Procedures Industries and allow housing suitable for workers
employed in remote locations.
``(6) Allergy limitation.--An employer engaged in the
commercial beekeeping or pollination services industry may
require that an applicant be free from bee pollen or honey-
related allergies.
``(7) Application.--An individual employer in Special
Procedures Industry may file visa program applications on its
own behalf, including with use of an agent, or in conjunction
with an association of employers, and in any case the
employer's application may be part of several related
applications submitted simultaneously that constitute a master
application.
``(8) Rulemaking.--The Secretary of Agriculture, after
consultation with employers and employee representatives, shall
publish for notice and comment proposed regulations relating to
housing, pay and application procedures for Special Procedure
Industries.
``(j) Miscellaneous Provisions.--
``(1) Disqualification of nonimmigrant agricultural workers
from financial assistance.--An alien admitted as a nonimmigrant
agricultural worker is not eligible for any program of
financial assistance under Federal law (whether through grant,
loan, guarantee, or otherwise) on the basis of financial need,
as such programs are identified 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 agricultural workers through--
``(i) the Employment Verification System
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 Immigration Services, shall establish
an electronic monitoring system, which shall--
``(i) be modeled on the Student and
Exchange Visitor Information System (SEVIS) and
the SEVIS II tracking system administered by
U.S. Immigration and Customs Enforcement;
``(ii) monitor the presence and employment
of nonimmigrant agricultural workers; and
``(iii) assist in ensuring the compliance
of designated agricultural employers and
nonimmigrant agricultural workers with the
requirements of the Program.''.
(b) Rulemaking.--The Secretary of Agriculture shall issue
regulations to cary out section 218A of the Immigration and Nationality
Act, as added by subsection (a), not later than 1 year after the date
of the enactment of this Act.
(c) Clerical Amendment.--The table of contents in the first section
of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relation to section 219 the
following:
``Sec. 218A. Nonimmigrant agricultural worker program.''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2014.
SEC. 2233. TRANSITION OF H-2A WORKER PROGRAM.
(a) Sunset of Program.--An employer may not petition to employ an
alien present in the United States pursuant to section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)) after the date that is 1 year after the
effective date of the regulations issued pursuant to section 2241(b).
(b) Conforming Amendments.--
(1) Repeal of h-2a nonimmigrant category.--Section
101(a)(15)(H)(ii) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)) is amended by striking subclause
(a).
(2) Repeal of admission requirements for h-2a worker.--
Section 218 of the Immigration and Nationality Act (8 U.S.C.
1188) is repealed.
(3) Conforming amendments.--
(A) Amendment of petition requirements.--Section
214(c)(1) of the Immigration and Nationality Act (8
U.S.C. 1184(g)(9)) is amended by striking ``For
purposes of this subsection'' and all that follows.
(4) Effective date.--The amendments made by this subsection
shall take effect on the date that is 1 year after the
effective date of the regulations issued pursuant to section
2241(b).
SEC. 2234. REPORTS TO CONGRESS ON NONIMMIGRANT AGRICULTURAL WORKERS.
(a) Annual Report by Secretary of Agriculture.--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 identifies, for the previous year, the number of aliens
described in subsection (a)(2) who--
(1) violated the terms of the nonimmigrant agricultural
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.
CHAPTER 3--OTHER PROVISIONS
SEC. 2241. RULEMAKING.
(a) Consultation Requirement.--In the course of promulgating any
regulation necessary to implement this subtitle, or the amendments made
by this subtitle, the Secretary, the Secretary of Agriculture, the
Secretary of Labor, and the Secretary of State shall regularly consult
with each other.
(b) Deadline for Issuance of Regulations.--Except as provided in
section 2232(b), all regulations to implement this subtitle and the
amendments made by this subtitle shall be issued not later than 6
months after the date of the enactment of this Act.
SEC. 2242. REPORTS TO CONGRESS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary and the Secretary of Agriculture shall jointly
submit a report to Congress that describes the measures being taken and
the progress made in implementing this subtitle and the amendments made
by this subtitle.
SEC. 2243. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle, except for
sections 2221, 2242, and 2243, shall take effect on the date on which
the regulations required under section 2241(e) are issued, regardless
of whether such regulations are issued on an interim basis or on any
other basis.
Subtitle C--Future Immigration
SEC. 2301. MERIT-BASED POINTS TRACK ONE.
(a) In General.--
(1) Worldwide level of merit-based immigrants.--Section
201(e) (8 U.S.C. 1151(e)) is amended to read as follows:
``(e) Worldwide Level of Merit-based Immigrants.--
``(1) In general.--
``(A) Numerical limitation.--Subject to paragraphs
(2), (3), and (4), the worldwide level of merit-based
immigrants is equal to 120,000 for each fiscal year.
``(B) Status.--An alien admitted on the basis of a
merit-based immigrant visa under this section shall
have the status of an alien lawfully admitted for
permanent residence.
``(2) Annual increase.--
``(A) In general.--Subject to subparagraph (B) and
paragraph (3), if in any fiscal year the worldwide
level of visas available for merit-based immigrants
under this section--
``(i) is less than 75 percent of the number
of applicants for such fiscal year, the
worldwide level shall increase by 5 percent for
the next fiscal year; and
``(ii) is equal to or more than 75 percent
of such number, the worldwide level for the
next fiscal year shall be the same as the
worldwide level for such fiscal year, minus any
amount added to the worldwide level for such
fiscal year under paragraph (4).
``(B) Limitation on increase.--The worldwide level
of visas available for merit-based immigrants shall not
exceed 250,000.
``(3) Employment consideration.--The worldwide level of
visas available for merit-based immigrants may not be increased
for a fiscal year under paragraph (2) if the annual average
unemployment rate for the civilian labor force 18 years or over
in the United States, as determined by the Bureau of Labor
Statistics, for such previous fiscal year is more than 8\1/2\
percent.
``(4) Recapture of unused visas.--The worldwide level of
merit-based immigrants described in paragraph (1) for a fiscal
year shall be increased by the difference (if any) between the
worldwide level established under paragraph (1) for the
previous fiscal year and the number of visas actually issued
under this subsection during that fiscal year. Such visas shall
be allocated for the following year pursuant to section
203(c)(3).''.
(2) Merit-based immigrants.--Section 203 (8 U.S.C. 1153),
as amended by section 213, is further amended by inserting
after subsection (b) the following:
``(c) Merit-based Immigrants.--
``(1) Fiscal years 1 through 4.--For the first 4 fiscal
years beginning after the date of enactment of the Border
Security, Economic Opportunity, and Immigration Modernization
Act, the worldwide level of merit-based immigrant visas made
available under section 201(e)(1) shall be available for aliens
described in section 203(b)(3) and in addition to any visas
available for such aliens under such section.
``(2) Subsequent fiscal years.--Beginning with the fifth
fiscal year beginning after the date of the enactment of the
Border Security, Economic Opportunity, and Immigration
Modernization Act, aliens subject to the worldwide level
specified in section 201(e) for merit-based immigrants shall be
allocated as follows:
``(A) 50 percent shall be available to applicants
with the highest number of points allocated under tier
1 in paragraph (4).
``(B) 50 percent shall be available to applicants
with the highest number of points allocated under tier
2 in paragraph (5).
``(3) Unused visas.--If the total number of visas allocated
to tier 1 or tier 2 for a fiscal year are not granted during
that fiscal year, such number may be added to the number of
visas available section 201(e)(1) for the following fiscal year
and allocated as follows:
``(A) If the unused visas were allocated for tier 1
in a fiscal year, \2/3\ of such visas shall be
available for aliens allocated visas under tier 1 in
the following fiscal year and \1/3\ of such visas shall
be available for aliens allocated visas under either
tier 1 or tier 2 in the following fiscal year.
``(B) If the unused visas were allocated for tier 2
in a fiscal year, \2/3\ of such visas shall be
available for aliens allocated visas under tier 2 in
the following fiscal year and \1/3\ of such visas shall
be available for aliens allocated visas under either
tier 1 or tier 2 in the following fiscal year.
``(4) Tier 1.--The Secretary shall allocate points to each
alien seeking to be a tier 1 merit-based immigrant as follows:
``(A) Education.--
``(i) In general.--An alien may received
points under only one of the following
categories:
``(I) An alien who has received a
doctorate degree shall be allocated 15
points.
``(II) An alien who has received a
master's degree shall be allocated 10
points.
``(ii) An alien who has received a
bachelor's degree from an institution of higher
education (as defined in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C.
1001(a)) shall be allocated 5 points.
``(B) Employment experience.--An alien shall be
allocated not more than 20 points as follows:
``(i) 3 points for each year the alien has
been lawfully employed in a zone 5 occupation
in the United States.
``(ii) 2 points for each year the alien has
been lawfully employed in a zone 4 occupation
in the United States.
``(C) Employment related to education.--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
allocated 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.
``(F) Civic involvement.--An alien who has attested
that he or she has engaged in a significant amount of
community service, as determined 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 equivalent 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.
``(J) Country of origin.--An alien who is a
national of a country of which fewer than 50,000
nationals were lawfully admitted to permanent 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 employment--
``(i) in a high demand tier 2 occupation
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.
``(D) Exceptional employment record.--An alien who
has a record of exceptional employment, as determined
by the Secretary, shall be allocated 10 points. In
determining a record of exceptional employment, the
Secretary shall consider factors including promotions,
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 involvement 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 married daughter of a citizen of the
United States shall be allocated 10 points.
``(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 is a
national of a country of which fewer than 50,000
nationals were lawfully admitted to permanent residence
in the United States in the previous 5 years shall be
allocated 5 points.
``(6) Fee.--An alien who is allocated a visa under this
section shall pay a fee of $500.
``(7) Eligibility of aliens in registered provisional
immigrant status.--An alien who was granted registered
provisional immigrant status may be granted a merit-based
immigrant visa under section 201(e) and may begin accruing
points under subsections (b), (d), and (e) no earlier than the
date that is 10 years after the date of the enactment of the
Border Security, Economic Opportunity, and Immigration
Modernization Act.
``(8) Ineligibility of aliens with pending or approved
petitions.--An alien who has a petition pending or approved in
another immigrant category under this section or section 201
may not apply for a merit-based immigrant visa.
``(9) Definitions.--In this subsection:
``(A) High demand tier 1 occupation.--The term
`high demand tier 1 occupation' means 1 of the 5
occupations for which the highest number of
nonimmigrants described in section 101(a)(15)(H)(i)
were sought to be admitted by employers during the
previous fiscal year.
``(B) High demand tier 2 occupation.--The term
`high demand tier 2 occupation' means 1 of the 5
occupations for which the highest number of positions
were sought to become registered positions by employers
under section 220(e) during the previous fiscal year.
``(C) Secretary.--The term `Secretary' means the
Secretary of Homeland Security.
``(D) Zone 1 occupation.--The term `zone 1
occupation' means an occupation that requires little or
no preparation and is classified as a zone 1 occupation
on--
``(i) the Occupational Information Network
Database (O*NET) on the date of the enactment
of this Act; or
``(ii) such Database or a similar successor
database, as designated by the Secretary of
Labor, after the date of the enactment of this
Act.
``(E) Zone 2 occupation.--The term `zone 2
occupation' means an occupation that requires some
preparation and is classified as a zone 2 occupation
on--
``(i) the Occupational Information Network
Database (O*NET) on the date of the enactment
of this Act; or
``(ii) such Database or a similar successor
database, as designated by the Secretary of
Labor, after the date of the enactment of this
Act.
``(F) Zone 3 occupation.--The term `zone 3
occupation' means an occupation that requires medium
preparation and is classified as a zone 3 occupation
on--
``(i) the Occupational Information Network
Database (O*NET) on the date of the enactment
of this Act; or
``(ii) such Database or a similar successor
database, as designated by the Secretary of
Labor, after the date of the enactment of this
Act.
``(G) Zone 4 occupation.--The term `zone 3
occupation' means an occupation that requires
considerable preparation and is classified as a zone 4
occupation on--
``(i) the Occupational Information Network
Database (O*NET) on the date of the enactment
of this Act; or
``(ii) such Database or a similar successor
database, as designated by the Secretary of
Labor, after the date of the enactment of this
Act.
``(H) Zone 5 occupation.--The term `zone 5
occupation' means an occupation that requires extensive
preparation and is classified as a zone 5 occupation
on--
``(i) the Occupational Information Network
Database (O*NET) on the date of the enactment
of this Act; or
``(ii) such Database or a similar successor
database, as designated by the Secretary of
Labor, after the date of the enactment of this
Act.''.
(b) Modification of Points.--The Secretary may submit to Congress a
proposal to modify the number of points allocated under subsection (c)
of section 203 of the Immigration and Nationality Act (8 U.S.C. 1153),
as amended by subsection (a).
(c) Conforming Amendment.--Section 203(d) of the Immigration and
Nationality Act (8 U.S.C. 1153(d)), as amended by section 213(a)(2)(B)
of this Act, is further amended by striking ``(a) or (b)'' and
inserting ``(a), (b), or (c)''.
(d) Effective Date.--The amendments made by this section shall take
effect on the first day of the first fiscal year beginning after the
date of the enactment of this Act.
SEC. 2302. MERIT-BASED TRACK TWO.
(a) In General.--In addition to any immigrant visa made available
under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as
amended by this Act, the Secretary of State shall allocate merit-based
immigrant visas as described in this section.
(b) Status.--An alien admitted on the basis of a merit-based
immigrant visa under this section shall have the status of an alien
lawfully admitted for permanent residence (as that term is defined in
section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(20)).
(c) Eligibility.--Beginning on October 1, 2014, the following
aliens shall be eligible for merit-based immigrant visas under this
section:
(1) Employment-based immigrants.--An alien who is the
beneficiary of a petition filed before the date of the
enactment of this Act to accord status under section 203(b) of
the Immigration and Nationality Act, if the visa has not been
issued within 5 years after the date on which such petition was
filed.
(2) Family-based immigrants.--Subject to subsection (d), an
alien who is the beneficiary of a petition filed to accord
status under section 203(a) of the Immigration and Nationality
Act--
(A) prior to the date of the enactment of this Act,
if the visa was not issued within 5 years after the
date on which such petition was filed; or
(B) after such date of enactment, to accord status
under paragraph (3) or (4) of section 203(a) of the
Immigration and Nationality Act (8 U.S.C. 1153 (a)), as
in effect the day before the effective date specified
in section 217(a)(3 )of this Act, and the visa was not
issued within 5 years after the date on which petition
was filed.
(3) Long-term alien workers and other merit-based
immigrants.--An alien who--
(A) is not admitted pursuant to subparagraph (W) of
section 101(a)(15) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)); and
(B) has been lawfully present in the United States
for not less than 10 years; and
(d) Allocation of Employment-sponsored Merit-based Immigrant
Visas.--In each of the fiscal years 2015 through and including 2021,
the Secretary of State shall allocate to aliens described in subsection
(c)(1) a number of merit-based immigrant visas equal to \1/7\ of the
number of aliens described in subsection (c)(1) whose visas had not
been issued as of the date of the enactment of this Act.
(e) Allocation of Family-sponsored Merit-based Immigrant Visas.--
The visas authorized by subsection (c)(2) shall be allocated as
follows:
(1) Spouses and children of permanent residents.--Petitions
to accord status under section 203(a)(2)(A) of the Immigration
and Nationality Act (8 U.S.C. 1153(a)(2)(A)) of the Immigration
and Nationality Act, as in effect the day before the effective
date specified in section 217(a)(3) of this Act, are
automatically converted to petitions to accord status to the
same beneficiaries as immediate relatives under section
201(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)).
(2) Other family members.--In each of the fiscal years 2015
through and including 2021, the Secretary of State shall
allocate to the aliens described in subsection (c)(2)(A), other
than those aliens described in paragraph (1), a number of
transitional merit-based immigrant visas equal to \1/7\ of the
difference between--
(A) the number of aliens described in subsection
(c)(2)(A) whose visas had not been issued as of the
date of the enactment of this Act; and
(B) the number of aliens described in paragraph
(1).
(3) Order of issuance for previously filed applications.--
Subject to paragraphs (1) and (2), the visas authorized by
subsection (c)(2)(A) shall be issued in the order in which the
petitions to accord status under section 203(a) of the
Immigration and Nationality Act were filed (8 U.S.C. 1153(a)).
(4) Subsequently filed applications.--In fiscal year 2022,
the Secretary of State shall allocate to the aliens described
in subsection (c)(2)(B), the number of merit-based immigrant
visas equal to \1/2\ of the number of aliens described in
subsection (c)(2)(B) whose visas had not been issued by October
1, 2021. In fiscal year 2023, the Secretary of State shall
allocate to the aliens described in subsection (c)(2)(B), the
number of merit-based immigrant visas equal to the number of
aliens described in subsection (c)(2)(B) whose visas had not
been issued by October 1, 2022.
(5) Order of issuance for subsequently filed
applications.--Subject to paragraph (4), the visas authorized
by subsection (c)(2)(B) shall be issued in the order in which
the petitions to accord status under section 203(a) of the
Immigration and Nationality Act were filed, as in effect the
day before the effective date specified in section 217(a)(3) of
this Act.
(f) Eligibility in Years After 2028.--Beginning in fiscal year
2029, aliens eligible for adjustment of status under paragraph (c)(3)
of this section must be lawfully present in an employment authorized
status for 20 years prior to filing an application for adjustment of
status.
(g) Registered Provisional Immigrants.--An alien granted registered
provisional status under section 201 of this Act is not eligible to
receive a merit-based immigrant visa under section 201(e) of the
Immigration and Nationality Act, as amended by section 2301, until 10
years after the date of the enactment of this Act.
SEC. 2303. REPEAL OF THE DIVERSITY VISA PROGRAM.
(a) In General.--Title II (8 U.S.C. 1151 et seq.) is amended--
(1) in section 201 (8 U.S.C. 1151)--
(A) in subsection (a)--
(i) in paragraph (1), by adding ``and'' at
the end;
(ii) in paragraph (2), by striking ``;
and'' at the end and inserting a period; and
(iii) by striking paragraph (3); and
(B) by striking subsection (e);
(2) in section 203 (8 U.S.C. 1153)--
(A) by striking subsection (c);
(B) in subsection (d), by striking ``(a), (b), or
(c)'' and inserting ``(a) or (b)
(C) in subsection (e)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraph (3) as
paragraph (2);
(D) in subsection (f), by striking ``(a), (b), or
(c) of this section'' and inserting ``(a) or (b)''; and
(E) in subsection (g), by striking ``(a), (b), and
(c)'' and inserting ``(a) and (b)''; and
(3) in section 204 (8 U.S.C. 1154)--
(A) in subsection (a)(1), by striking subparagraph
(I); and
(B) in subsection (e), by striking ``(a), (b), or
(c)'' and inserting ``(a) or (b)''.
(b) Effective Date and Application.--
(1) Effective date.--The amendments made by this section
shall take effect on October 1, 2014.
(2) Application.--An alien who receives a notification from
the Secretary that the alien was selected to receive a
diversity immigrant visa under section 203(c) of the
Immigration and Nationality Act (8 U.S.C. 1153(c)) for fiscal
year 2013 or fiscal year 2014 shall remain eligible to receive
such visa under the rules of such section, as in effect on
September 30, 2014. No alien may be allocated such a diversity
immigrant visa for a fiscal year after fiscal year 2015.
SEC. 2304. WORLD-WIDE LEVELS AND RECAPTURE OF UNUSED IMMIGRANT VISAS.
(a) Employment-based Immigrants.--Section 201(d) (8 U.S.C. 1151(d))
is amended to read as follows:
``(d) Worldwide Level of Employment-based Immigrants.--
``(1) In general.--
``(A) Worldwide level.--For a fiscal year after
fiscal year 2015, the worldwide level of employment-
based immigrants under this subsection is equal to the
sum of--
``(i) 140,000; and
``(ii) the number computed under paragraph
(2).
``(B) Fiscal year 2015.--For fiscal year 2015, the
worldwide level of employment-based immigrants under
this subsection is equal to the sum of--
``(i) 140,000;
``(ii) the number computed under paragraph
(2); and
``(iii) the number computed under paragraph
(3).
``(2) Previous fiscal year.--The number computed under this
paragraph for a fiscal year is the difference, if any, between
the maximum number of visas which may be issued under section
203(a)(relating to family-sponsored immigrants) during the
previous fiscal year and the number of visas issued under that
section during that year.
``(3) Unused visas.--The number computed under this
paragraph is the difference, if any, between--
``(A) the sum of the worldwide levels established
under paragraph (1) for fiscal years 1992 through and
including 2013; and
``(B) the number of visas actually issued under
section 203(b) during such fiscal years.''.
(b) Family-sponsored Immigrants.--Section 201(c) (8 U.S.C. 1151(c))
is amended to read as follows:
``(c) Worldwide Level of Family-sponsored Immigrants.--
``(1) In general.--
``(A) Worldwide level.--Subject to subparagraph
(C), for each fiscal year after fiscal year 2015, the
worldwide level of family-sponsored immigrants under
this subsection for a fiscal year is equal to the sum
of--
``(i) 480,000 minus the number computed
under paragraph (2); and
``(ii) the number computed under paragraph
(3).
``(B) Fiscal year 2015.--Subject to subparagraph
(C), for fiscal year 2015, the worldwide level of
family-based immigrants under this subsection for a
fiscal year after fiscal year 2015 is equal to the sum
of--
``(i) 480,000 minus the number computed
under paragraph (2);
``(ii) the number computed under paragraph
(3); and
``(iii) the number computed under paragraph
(4).
``(C) Limitation.--The number computed under
subparagraph (A)(i) or (B)(i) may not be less than
226,000. The number computed under subparagraph (A)(i)
or (B)(i) may not be less than 226,000, except that
beginning on the date that is 18 months after the date
of the enactment of the Border Security, Economic
Opportunity, and Immigration Modernization Act, the
number computed under subparagraph (A)(i) or (B)(i) may
not be less than 161,000.
``(2) Immediate relatives.--The number computed under this
paragraph for a fiscal year is the number of aliens described
in subparagraph (A) or (B) of subsection (b)(2) who were issued
immigrant visas, or who otherwise acquired the status of an
alien lawfully admitted to the United States for permanent
residence, in the previous fiscal year.
``(3) Previous fiscal year.--The number computed under this
paragraph for a fiscal year is the difference, if any, between
the maximum number of visas which may be issued under section
203(b) (relating to employment-based immigrants) during the
previous fiscal year and the number of visas issued under that
section during that year.
``(4) Unused visas.--The number computed under this
paragraph is the difference, if any, between--
``(A) the sum of the worldwide levels established
under paragraph (1) for fiscal years 1992 through and
including 2013; and
``(B) the number of visas actually issued under
section 203(a) during such fiscal years.''.
(c) Effective Date.--The amendments made by this Act shall take
effect on the first day of the first fiscal year beginning after the
date of the enactment of this Act.
SEC. 2305. RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF LAWFUL
PERMANENT RESIDENTS AS IMMEDIATE RELATIVES.
(a) Immediate Relatives.--Section 201(b)(2) (8 U.S.C. 1151(b)(2))
is amended to read as follows:
``(2)(A) Aliens who are immediate relatives.
``(B) In this paragraph, the term `immediate relative'
means--
``(i) a child, spouse, or parent of a citizen of
the United States, except that in the case of such a
parent such citizen shall be at least 21 years of age;
``(ii) a child or spouse of an alien lawfully
admitted for permanent residence;
``(iii) the child or spouse of an alien described
in clause (i), who is accompanying or following to join
the alien;
``(iv) the child or spouse of an alien described in
clause (ii), who is accompanying or following to join
the alien;
``(v) an alien admitted under section 211(a) on the
basis of a prior issuance of a visa to the alien's
accompanying parent who is an immediate relative; and
``(vi) an alien born to an alien lawfully admitted
for permanent residence during a temporary visit
abroad.
``(C) If an alien who was the spouse or child of a citizen
of the United States or of an alien lawfully admitted for
permanent residence and was not legally separated from the
citizen or lawful permanent resident at the time of the
citizen's or lawful permanent resident's death files a petition
under section 204(a)(1)(A)(ii) not later than 2 years after the
date of the citizen's or permanent resident's death, the alien
spouse (and each child of the alien) shall remain, for purposes
of this paragraph, an immediate relative during the period
beginning on the date of the citizen's or permanent resident's
death and ending on the date on which the alien spouse
remarries.
``(D) An alien who has filed a petition under clause (iii)
or (iv) of section 204(a)(1)(A) shall remain, for purposes of
this paragraph, an immediate relative if the United States
citizen or lawful permanent resident spouse or parent loses
United States citizenship on account of the abuse.''.
(b) Allocation of Immigrant Visas.--Section 203(a) (8 U.S.C.
1153(a)) is amended--
(1) in paragraph (1), by striking ``23,400,'' and inserting
``20 percent of the worldwide level of family-sponsored
immigrants under section 201(c)'';
(2) by striking paragraph (2) and inserting the following:
``(2) Unmarried sons and unmarried daughters of permanent
resident aliens.--Qualified immigrants who are the unmarried
sons or unmarried daughters (but are not the children) of an
alien lawfully admitted for permanent residence shall be
allocated visas in a number not to exceed 20 percent of the
worldwide level of family-sponsored immigrants under section
201(c), plus any visas not required for the class specified in
paragraph (1).'';
(3) in paragraph (3) --
(A) by striking ``23,400,'' and inserting ``20
percent of the worldwide level of family-sponsored
immigrants under section 201(c)''; and
(B) by striking ``classes specified in paragraphs
(1) and (2).'' and inserting ``class specified in
paragraph (2).''; and
(4) in paragraph (4)--
(A) by striking ``65,000,'' and inserting ``40
percent of the worldwide level of family-sponsored
immigrants under section 201(c)''; and
(B) by striking ``classes specified in paragraphs
(1) through (3).'' and inserting ``class specified in
paragraph (3).''.
(c) Termination of Registration.--Section 203(g) (8 U.S.C. 1153(g))
is amended to read as follows:
``(g) Lists.--
``(1) In general.--For purposes of carrying out the orderly
administration of this title, the Secretary of State may make
reasonable estimates of the anticipated numbers of immigrant
visas to be issued during any quarter of any fiscal year within
each of the categories under subsections (a), (b), and (c) and
may rely upon such estimates in authorizing the issuance of
visas.
``(2) Termination of registration.--
``(A) Information dissemination.--Not later than
180 days after the date of the enactment of the Border
Security, Economic Opportunity, and Immigration
Modernization Act, the Secretary of Homeland Security
and the Secretary of State shall adopt a plan to
broadly disseminate information to the public regarding
termination of registration procedures described in
subparagraphs (B) and (C), including procedures for
notifying the Department of Homeland Security and the
Department of State of any change of address on the
part of a petitioner or a beneficiary of an immigrant
visa petition.
``(B) Termination for failure to adjust.--The
Secretary of Homeland Security shall terminate the
registration of any alien who has evidenced an
intention to acquire lawful permanent residence under
section 245 and who fails to apply to adjust status
within 1 year following notification to the alien of
the availability of an immigrant visa.
``(C) Termination for failure to apply.--The
Secretary of State shall terminate the registration of
any alien not described in subparagraph (B) who fails
to apply for an immigrant visa within 1 year following
notification to the alien of the availability of such
visa.
``(3) Reinstatement.--The registration of any alien that
was terminated under paragraph (2) shall be reinstated if the
alien establishes within 2 years following the date of
notification of the availability of such visa demonstrates that
such failure to apply was due to good cause.''.
(d) Technical and Conforming Amendments.--
(1) Definitions.--Section 101(a)(15)(K)(ii) (8 U.S.C.
1101(a)(15)(K)(ii)) is amended by striking ``section
201(b)(2)(A)(i)'' and inserting ``section 201(b)(2) (other than
clause (v) or (vi) of subparagraph (A))''.
(2) Per country level.--Section 202(a)(1)(A) (8 U.S.C.
1152(a)(1)(A)) is amended by striking ``section
201(b)(2)(A)(i)'' and inserting ``section 201(b)(2) (other than
clause (v) or (vi) of subparagraph (A))''.
(3) Rules for determining whether certain aliens are
immediate relatives.--Section 201(f) (8 U.S.C. 1151(f)) is
amended--
(A) in paragraph (1), by striking ``paragraphs (2)
and (3),'' and inserting ``paragraph (2),'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(D) in paragraph (3), as redesignated by
subparagraph (C), by striking ``through (3)'' and
inserting ``and (2)''.
(4) Numerical limitation to any single foreign state.--
Section 202 (8 U.S.C. 1152) is amended--
(A) in subsection (a)(4)--
(i) by striking subparagraphs (A) and (B);
(ii) by redesignating subparagraphs (C) and
(D) as subparagraphs (A) and (B), respectively;
and
(iii) in subparagraph (A), as redesignated
by clause (ii), by striking ``section
203(a)(2)(B)'' and inserting ``section
203(a)(2)''; and
(B) in subsection (e), in the flush matter
following paragraph (3), by striking ``, or as limiting
the number of visas that may be issued under section
203(a)(2)(A) pursuant to subsection (a)(4)(A)''.
(5) Allocation of immigrant visas.--Section 203(h) (8
U.S.C. 1153(h)) is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``subsections (a)(2)(A) and
(d)'' and inserting ``subsection (d)'';
(ii) in subparagraph (A), by striking
``becomes available for such alien (or, in the
case of subsection (d), the date on which an
immigrant visa number became available for the
alien's parent),'' and inserting ``became
available for the alien's parent,''; and
(iii) in subparagraph (B), by striking
``applicable'';
(B) by amending paragraph (2) to read as follows:
``(2) Petitions described.--The petition described in this
paragraph is a petition filed under section 204 for
classification of the alien's parent under subsection (a), (b),
or (c).''; and
(C) by amending paragraph (3) to read as follows:
``(3) Retention of priority date.--
``(A) Petitions filed for children.--For a petition
originally filed to classify a child under subsection
(d), if the age of the alien is determined under
paragraph (1) to be 21 years of age or older on the
date that a visa number becomes available to the
alien's parent who was the principal beneficiary of the
petition, then, upon the parent's admission to lawful
permanent residence in the United States, the petition
shall automatically be converted to a petition filed by
the parent for classification of the alien under
subsection (a)(2) and the petition shall retain the
priority date established by the original petition.
``(B) Family and employment-based petitions.--The
priority date for any family- or employment-based
petition shall be the date of filing of the petition
with the Secretary of Homeland Security (or the
Secretary of State, if applicable), unless the filing
of the petition was preceded by the filing of a labor
certification with the Secretary of Labor, in which
case that date shall constitute the priority date. The
beneficiary of any petition shall retain his or her
earliest priority date based on any petition filed on
his or her behalf that was approvable when filed,
regardless of the category of subsequent petitions.''.
(6) Procedure for granting immigrant status.--Section 204
(8 U.S.C. 1154) is amended--
(A) in subsection (a)(1)--
(i) in subparagraph (A)--
(I) in clause (i), by inserting
``or alien lawfully admitted for
permanent residence'' after ``citizen
of the United States'';
(II) in clause (ii), by striking
``described in the second sentence of
section 201(b)(2)(A)(i) also'' and
inserting ``or alien child described in
section 201(b)(2)(C)'';
(III) in clause (iii)--
(aa) in subclause (I)(aa),
by striking ``United States
citizen'' and inserting
``citizen of the United States
or lawful permanent resident'';
and
(bb) in subclause
(II)(aa)--
(AA) in subitem
(AA), by striking the
semicolon at the end
and inserting ``or
lawful permanent
resident;'';
(BB) in subitem
(BB)--
(cc) by inserting
``or lawful permanent
resident'' after ``a
citizen of the United
States''; and
(dd) by striking
``States;'' and
inserting ``States or
lawful permanent
resident;''; and
(CC) by amending subitem (CC) to read as follows:
``(CC) who was a bona fide spouse of a citizen of the
United States or a lawful permanent resident within the past 2
years and--
``(aaa) whose spouse died within the past 2 years;
``(bbb) whose spouse renounced citizenship status
or renounced or lost status as a lawful permanent
resident within the past 2 years related to an incident
of domestic violence; or
``(ccc) who demonstrates a connection between the
legal termination of the marriage within the past 2
years and battering or extreme cruelty by the spouse
who is a citizen of the United States or a lawful
permanent resident spouse;'';
(IV) in clause (iv), by inserting
``or lawful permanent resident'' after
``citizen'' each place that term
appears;
(V) in clause (v)(I), by inserting
``or lawful permanent resident'' after
``citizen''; and
(VI) in clause (vi)--
(aa) by striking
``citizenship,'' and inserting
``citizenship or lawful
permanent resident status,'';
and
(bb) by inserting ``or
lawful permanent resident''
after ``abuser's citizenship'';
(ii) by striking subparagraph (B);
(iii) in subparagraph (C), by striking
``subparagraph (A)(iii), (A)(iv), (B)(ii), or
(B)(iii)'' and inserting ``clause (iii) or (iv)
of subparagraph (A)''; and
(iv) in subparagraph (J), by striking ``or
clause (ii) or (iii) of subparagraph (B)'';
(B) in subsection (a), by striking paragraph (2);
(C) in subsection (c)(1), by striking ``or
preference status''; and
(D) in subsection (h), by striking ``or a petition
filed under subsection (a)(1)(B)(ii)''.
(7) Excludable aliens.--Section 212(d)(12)(B) (8 U.S.C.
1182(d)(12)(B)) is amended by striking ``section 201(b)(2)(A)''
and inserting ``section 201(b)(2) (other than subparagraph
(A)(vi))''.
(8) Admission of nonimmigrants.--Section 214(r)(3)(A) (8
U.S.C. 1184(r)(3)(A)) is amended by striking ``section
201(b)(2)(A)(i).'' and inserting ``section 201(b)(2) (other
than clause (v) or (vi) of subparagraph (A)).''.
(9) Refugee crisis in iraq act of 2007.--Section 1243(a)(4)
of the Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note)
is amended by striking ``section 201(b)(2)(A)(i)'' and
inserting ``section 201(b)(2) (other than clause (v) or (vi) of
subparagraph (A))''.
(10) Processing of visa applications.--Section 233 of the
Department of State Authorization Act, Fiscal Year 2003 (8
U.S.C. 1201 note) is amended by striking ``section
201(b)(2)(A)(i)'' and inserting ``section 201(b)(2) (other than
clause (v) or (vi) of subparagraph (A))''.
(11) Adjustment of status.--Section 245(a) (8 U.S.C.
1255(a)) is amended to read as follows:
``(a)(1) The status of an alien who was inspected and admitted or
paroled into the United States or the status of any other alien having
an approved petition for classification as a VAWA self-petitioner may
be adjusted by the Attorney General or the Secretary of Homeland
Security, in the Attorney General's or the Secretary's discretion and
under such regulations as the Attorney General or Secretary may
prescribe, to that of an alien lawfully admitted for permanent
residence (regardless of whether the alien has already been admitted
for permanent residence) if--
``(A) the alien makes an application for such adjustment;
``(B) the alien is eligible to receive an immigrant visa
and is admissible to the United States for permanent residence;
and
``(C) subject to paragraph (2), an immigrant visa is
immediately available to the alien at the time the alien's
application is filed.
``(2)(A) An application that is based on a petition approved or
approvable under subparagraph (A) or (B) of section 204(a)(1) may be
filed without regard to the limitation set forth in paragraph (1)(C).
``(B) An application for adjustment filed for an alien under this
paragraph may not be approved until such time as an immigrant visa
becomes available for the alien.''.
(e) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 2306. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN STATES.
(a) Numerical Limitation to Any Single Foreign State.--Section
202(a)(2) (8 U.S.C. 1152(a)(2)) is amended--
(1) in the paragraph heading, by striking ``AND employment-
based'';
(2) by striking ``(3), (4), and (5),'' and inserting ``(3)
and (4),'';
(3) by striking ``subsections (a) and (b) of section 203''
and inserting ``section 203(a)'';
(4) by striking ``7'' and inserting ``15''; and
(5) by striking ``such subsections'' and inserting ``such
section''.
(b) Conforming Amendments.--Section 202 (8 U.S.C. 1152) is
amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``both
subsections (a) and (b) of section 203'' and inserting
``section 203(a)''; and
(B) by striking paragraph (5); and
(2) by amending subsection (e) to read as follows:
``(e) Special Rules for Countries at Ceiling.--If it is determined
that the total number of immigrant visas made available under section
203(a) to natives of any single foreign state or dependent area will
exceed the numerical limitation specified in subsection (a)(2) in any
fiscal year, in determining the allotment of immigrant visa numbers to
natives under section 203(a), visa numbers with respect to natives of
that state or area shall be allocated (to the extent practicable and
otherwise consistent with this section and section 203) in a manner so
that, except as provided in subsection (a)(4), the proportion of the
visa numbers made available under each of paragraphs (1) through (4) of
section 203(a) is equal to the ratio of the total number of visas made
available under the respective paragraph to the total number of visas
made available under section 203(a).''.
(c) Country-specific Offset.--Section 2 of the Chinese Student
Protection Act of 1992 (8 U.S.C. 1255 note) is amended--
(1) in subsection (a), by striking ``subsection (e))'' and
inserting ``subsection (d))''; and
(2) by striking subsection (d) and redesignating subsection
(e) as subsection (d).
(d) Effective Date.--The amendments made by this section shall take
effect 1 year after the date of the enactment of this Act.
SEC. 2307. ALLOCATION OF IMMIGRANT VISAS.
(a) Preference Allocation for Family-based Immigrants.--
(1) In general.--Section 203(a) (8 U.S.C. 1153(a)) is
amended to read as follows:
``(a) Preference Allocation for Family-based Immigrants.--Aliens
subject to the worldwide level specified in section 201(c) for family-
based immigrants shall be allotted visas as follows:
``(1) Sons and daughters of citizens.--Qualified immigrants
who are--
``(A) the unmarried sons or unmarried daughters but
not the children of citizens of the United States shall
be allocated visas in a number not to exceed 35 percent
of the worldwide level authorized in section 201(c),
plus the sum of--
``(i) the number of visas not required for
the class specified in paragraph (2) for the
current fiscal year; and
``(ii) the number of visas not required for
the class specified in subparagraph (B); or
``(B) the married sons or married daughters of
citizens of the United States who are under 31 years of
age at the time of filing a petition under section 204
shall be allocated visas in a number not to exceed 25
percent of the worldwide level authorized in section
201(c), plus the number of any visas not required for
the class specified in subparagraph (A) current fiscal
year.
``(2) Sons and daughters of residents.--Qualified
immigrants who are the unmarried sons or unmarried daughters of
aliens admitted for permanent residence shall be allocated
visas in a number not to exceed 40 percent of the worldwide
level authorized in section 201(c), plus any visas not required
for the class specified in paragraph (1)(A).''.
(2) Conforming amendments.--
(A) Procedure for granting immigrant status.--
Section 204 (8 U.S.C. 1154) is amended--
(i) in subsection (a)(1)(A)(i), by striking
``(1), (3), or (4) of section 203(a)'' and
inserting ``subparagraph (A) or (B) of section
203(a)(1)''; and
(ii) in subsection (f)(1), by striking
``section 201(b), 203(a)(1), or 203(a)(3),''
and inserting ``section 201(b) or subparagraph
(A) or (B) of section 203(a)(1)''.
(B) Automatic conversion.--For the purposes of any
petition pending or approved based on a relationship
described--
(i) in subparagraph (A) of section
203(a)(1) of the Immigration and Nationality
Act (8 U.S.C. 1153(a)(1)), as amended by
paragraph (1), and notwithstanding the age of
the alien, such a petition shall be deemed
reclassified as a petition based on a
relationship described in subparagraph (B) of
such section 203(a)(1) upon the marriage of
such alien; or
(ii) in subparagraph (B) of such section
203(a)(1), such a petition shall be deemed
reclassified as a petition based on a
relationship described in subparagraph (A) of
such section 203(a)(1) upon the legal
termination of marriage or death of such
alien's spouse.
(3) Effective date.--The amendments made by this subsection
shall take effect on the first day of the first fiscal year
that begins at least 18 months following the date of the
enactment of this Act.
(b) Preference Allocation for Employment-based Immigrants.--Section
201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the end the
following:
``(F) Derivative beneficiaries as described in
section 203(d) of employment-based immigrants under
section 203(b).
``(G) Aliens with extraordinary ability in the
sciences, arts, education, business, or athletics which
has been demonstrated by sustained national or
international acclaim, if, with respect to any such
alien--
``(i) the achievements of such alien have
been recognized in the field through extensive
documentation;
``(ii) such alien seeks to enter the United
States to continue work in the area of
extraordinary ability; and
``(iii) the entry of such alien into the
United States will substantially benefit
prospectively the United States.
``(H) Aliens who are outstanding professors and
researchers if, with respect to any such alien--
``(i) the alien is recognized
internationally as outstanding in a specific
academic area;
``(ii) the alien has at least 3 years of
experience in teaching or research in the
academic area; and
``(iii) the alien seeks to enter the United
States--
``(I) to be employed in for a
tenured position (or tenure-track
position) within a not for profit
university or institution of higher
education to teach in the academic
area;
``(II) for employment in a
comparable position with a not for
profit university or institution of
higher education , or a governmental
research organization, to conduct
research in the area; or
``(III) for employment in a
comparable position to conduct research
in the area with a department,
division, or institute of a private
employer, if the department, division,
or institute employs at least 3 persons
full-time in research activities and
has achieved documented accomplishments
in an academic field.
``(I) Aliens who are multinational executives and
managers if, with respect to any such alien--
``(i) in the 3 years preceding the time of
the alien's application for classification and
admission into the United States under this
subparagraph, the alien has been employed for
at least 1 year by a firm or corporation or
other legal entity or an affiliate or
subsidiary thereof; and
``(ii) the alien seeks to enter the United
States in order to continue to render services
to the same employer or to a subsidiary or
affiliate thereof in a capacity that is
managerial or executive.
``(J) Aliens who have earned a doctorate degree.
``(K) Alien physicians who have completed the
foreign residency requirements under section 212(e) or
obtained a waiver of these requirements or an exemption
requested by an interested State agency or by an
interested Federal agency under section 214(l),
including those alien physicians who completed such
service before the date of the enactment of the Border
Security, Economic Opportunity, and Immigration
Modernization Act.''.
(c) Technical and Conforming Amendments.--
(1) Procedure for granting immigrant status.--Section
204(a)(1)(E) (8 U.S.C. 1154(a)(1)(E)) is amended by striking
``under section 203(b)(1)(A)'' and inserting ``under
subparagraph (G), (H), (I), (J) or (K) of section 201(b)(1), or
section''.
(2) Treatment of derivative family members.--Section 203(d)
(8 U.S.C. 1153(d)) is amended to read as follows:
``(d) Treatment of Family Members.--If accompanying or following to
join a spouse or parent issued a visa under subsection (a), (b), or
(c), subparagraph (G), (H), (I), (j), or (K) of section 201(b)(1), or
section 201(b)(2), a spouse or child as defined in subparagraph (A),
(B), (C), (D), or (E) of section 101(b)(1) shall be entitled to the
same immigrant status and the same order of consideration provided in
the respective subsection.''.
(3) Aliens who are priority workers or members of the
professions holding advanced degrees.--Section 203(b) (8 U.S.C.
1153(b)) is amended--
(A) in the matter preceding paragraph (1), by
striking ``Aliens'' and inserting ``Other than aliens
described in paragraph (1) or (2)(B), aliens'';
(B) in paragraph (1) by striking the matter
preceding subparagraph (A) and inserting ``Aliens
described in any of the following subparagraphs be
admitted to the United States without respect to the
worldwide level specified in section 201(d)''; and
(C) by amending (2) to read as follows:
``(2) Aliens who are members of the professions holding
advanced degrees or advanced degrees in a stem field.--
``(A) Professions holding advanced degrees.--Visas
shall be made available, in a number not to exceed 40
percent of the worldwide level authorized in section
201(d), plus any visas not required for the classes
specified in paragraph (5), to qualified immigrants who
are members of the professions holding advanced degrees
or their equivalent whose services in the sciences,
arts, professions, or business are sought by an
employer in the United States, including alien
physicians holding foreign medical degrees that have
been deemed sufficient for acceptance by an accredited
United States medical residency or fellowship program.
``(B) Advanced degrees in a stem field.--
``(i) In general.--A qualified immigrant
shall be admitted to the United States without
respect to the worldwide level specified in
section 201(d) if such immigrant--
``(I) has earned a graduate degree
at the level of master's or higher in a
field of science, technology,
engineering, or mathematics from an
accredited United States institution of
higher education
``(II) has an offer of employment
from a United States employer in a
field related to such degree; and
``(III) earned the qualifying
graduate degree within the 5 years
immediately prior to the initial filing
date of the petition under which the
nonimmigrant is a beneficiary.
``(ii) United states doctoral institution
of higher education.--In this subparagraph, the
term `United States doctoral institution of
higher education' means an institution that--
``(I) is described in section
101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)) or is a
proprietary institution of higher
education (as defined in section 102(b)
of such Act (20 U.S.C. 1002(b)));
``(II) was classified by the
Carnegie Foundation for the Advancement
of Teaching on January 1, 2012, as a
doctorate-granting university with a
very high or high level of research
activity or classified by the National
Science Foundation after the date of
enactment of this paragraph, pursuant
to an application by the institution,
as having equivalent research activity
to those institutions that had been
classified by the Carnegie Foundation
as being doctorate-granting
universities with a very high or high
level of research activity; and
``(III) is accredited by an
accrediting body that is itself
accredited either by the Department of
Education or by the Council for Higher
Education Accreditation.
``(C) Waiver of job offer.--
``(i) National interest waiver.--Subject to
clause (ii), the Secretary of Homeland Security
may, if the Secretary deems it to be in the
national interest, waive the requirements of
subparagraph (A) that an alien's services in
the sciences, arts, professions, or business be
sought by an employer in the United States.
``(ii) Physicians working in shortage areas
or veterans facilities.--
``(I) In general.--The Secretary
shall grant a national interest waiver
pursuant to clause (i) on behalf of any
alien physician with respect to whom a
petition for preference classification
has been filed under subparagraph (A)
if--
``(aa) the alien physician
agrees to work full time as a
physician practicing primary
care, specialty medicine, or a
combination thereof, in an area
or areas designated by the
Secretary of Health and Human
Services as having a shortage
of health care professionals or
at a health care facility under
the jurisdiction of the
Secretary of Veterans Affairs;
or
``(bb) the alien physician
is pursuing such waiver based
upon service at a facility or
facilities that serve patients
who reside in a geographic area
or areas designated by the
Secretary of Health and Human
Services as having a shortage
of health care professionals
(without regard to whether such
facility or facilities are
located within such an area)
and a Federal agency or a
local, county, regional, or
State department of public
health determines that the
alien physician's work at such
facility was or will be in the
public interest.
``(II) Prohibition.--
``(aa) No permanent
resident visa may be issued to
an alien physician described in
subclause (I) by the Secretary
of State under section 204(b),
and the Secretary of Homeland
Security may not adjust the
status of such an alien
physician from that of a
nonimmigrant alien to that of a
permanent resident alien under
section 245, until such time as
the alien has worked full time
as a physician for an aggregate
of 5 years (not including the
time served in the status of an
alien described in section
101(a)(15)(J)), in an area or
areas designated by the
Secretary of Health and Human
Services as having a shortage
of health care professionals or
at a health care facility under
the jurisdiction of the
Secretary of Veterans Affairs;
or at a facility or facilities
meeting the requirements of
subclause (I)(bb).
``(bb) The 5-year service
requirement of item (aa) shall
be counted from the date the
alien physician begins work in
the shortage area in any legal
status and not the date an
immigrant visa petition is
filed or approved. Such service
shall be aggregated without
regard to when such service
began and without regard to
whether such service began
during or in conjunction with a
course of graduate medical
education.
``(cc) An alien physician
shall not be required to submit
an employment contract with a
term exceeding the balance of
the 5-year commitment yet to be
served, nor an employment
contract dated within a minimum
time period prior to filing of
a visa petition pursuant to
this subsection.
``(dd) An alien physician
shall not be required to file
additional immigrant visa
petitions upon a change of work
location from the location
approved in the original
national interest immigrant
petition.
``(III) Statutory construction.--
Nothing in this subparagraph may be
construed to prevent the filing of a
petition with the Secretary of Homeland
Security for classification under
section 204(a), by an alien physician
described in subclause (I) prior to the
date by which such alien physician has
completed the service described in
subclause (II) or in section 214(l).''.
(4) Exception from labor certification requirement for stem
immigrants.--Section 212(a)(5)(D) (8 U.S.C. 1182(a)(5)(D)) is
amended to read as follows:
``(D) Application of grounds.--
``(i) In general.--Except as provided in
clause (ii), the grounds for inadmissibility of
aliens under subparagraphs (A) and (B) shall
apply to immigrants seeking admission or
adjustment of status under paragraph (2) or (3)
of section 203(b).
``(ii) Special rule for stem immigrants.--
The grounds for inadmissibility of aliens under
subparagraph (A) shall not apply to an
immigrant seeking admission or adjustment of
status under paragraph (2)(A)(ii) of section
203(b).''.
(5) Skilled workers, professionals, and other workers.--
(A) In general.--Section 203(b)(3)(A) (8 U.S.C.
1153(b)(3)(A)) is amended by striking ``in a number not
to exceed 28.6 percent of such worldwide level, plus
any visas not required for the classes specified in
paragraphs (1) and (2),'' and inserting `` in a number
not to exceed 40 percent of the worldwide level
authorized in section 201(d), plus any visas not
required for the class specified in paragraph (2),''.
(B) Medical license requirements.--Section
214(i)(2)(A) (8 U.S.C. 1184(i)(2)(A)) is amended by
adding at the end ``including in the case of a medical
doctor, the licensure required to practice medicine in
the United States,''.
(C) Repeal of limitation on other workers.--Section
203(b)(3) (8 U.S.C. 1153(b)(3)) is amended--
(i) by striking subparagraph (B); and
(ii) redesignated subparagraph (C) as
subparagraph (B).
(6) Certain special immigrants.--Section 203(b)(4) (8
U.S.C. 1153(b)(4)) is amended by striking ``in a number not to
exceed 7.1 percent of such worldwide level,'' and inserting
``in a number not to exceed 10 percent of the worldwide level
authorized in section 201(d), plus any visas not required for
the class specified in paragraph (3),''.
(7) Employment creation.--Section 203(b)(5)(A) (8 U.S.C.
1153(b)(5)(A)) is amended by striking ``in a number not to
exceed 7.1 percent of such worldwide level,'' and inserting ``
in a number not to exceed 10 percent of the worldwide level
authorized in section 201(d), plus any visas not required for
the class specified in paragraph (4),''.
SEC. 2308. V NONIMMIGRANT VISAS.
(a) Nonimmigrant Eligibility.--Subparagraph (V) of section
101(a)(15) (8 U.S.C. 1101(a)(15)) is amended to read as follows:
``(V)(i) subject to section 214(q)(1) and section
212(a)(4), an alien who is the beneficiary of an
approved petition under section 203(a) as--
``(I) the unmarried son or unmarried
daughter of a citizen of the United States;
``(II) the unmarried son or unmarried
daughter of an alien lawfully admitted for
permanent residence; or
``(III) the married son or married daughter
of a citizen of the United States and who is
under 31 years of age; or
``(ii) subject to section 214(q)(2), an alien who
is--
``(I) the sibling of a citizen of the
United States; or
``(II) the married son or married daughter
of a citizen of the United States and who is
over 31 years of age.''.
(b) Employment and Period of Admission of Nonimmigrants Described
in Section 101(a)(15)(V).--Section 214(q) (8 U.S.C. 1184(q)) is amended
to read as follows:
``(q) Nonimmigrants Described in Section 101(a)(15)(V).--
``(1) Certain sons and daughters.--
``(A) Employment authorization.--The Secretary
shall--
``(i) authorize a nonimmigrant admitted
pursuant to section 101(a)(15)(V)(i) to engage
in employment in the United States during the
period of such nonimmigrant's authorized
admission; and
``(ii) provide such a nonimmigrant with an
`employment authorized' endorsement or other
appropriate document signifying authorization
of employment.
``(B) Termination of admission.--The period of
authorized admission for such a nonimmigrant shall
terminate 30 days after the date on which--
``(i) such nonimmigrant's application for
an immigrant visa pursuant to the approval of a
petition under subsection (a) or (c) of section
203 is denied; or
``(ii) such nonimmigrant's application for
adjustment of status under section 245 pursuant
to the approval of such a petition is denied.
``(2) Siblings and sons and daughters of citizens.--
``(A) Employment authorization.--The Secretary may
not authorize a nonimmigrant admitted pursuant to
section 101(a)(15)(V)(ii) to engage in employment in
the United States.
``(B) Period of admission.--The period of
authorized admission as such a nonimmigrant may not
exceed 60 days per fiscal year.
``(C) Treatment of period of admission.--An alien
admitted under section 101(a)(15)(V) may not received
an allocation of points pursuant to section 211 of this
Act which is section 201(e) as amended for residence in
the United States while admitted as such a
nonimmigrant.''.
(c) Public Benefits.--A noncitizen who is lawfully present in the
United States pursuant to section 101(a)(15)(V) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(V)) is not eligible for any
means-tested public benefits (as such term is defined in section 403 of
the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1613)). A noncitizen admitted under this section is--
(1) not entitled to the premium assistance tax credit
authorized under section 36B of the Internal Revenue Code of
1986;
(2) shall be subject to the rules applicable to individuals
not lawfully present that are set forth in subsection (e) of
such section; and
(3) shall be subject to the rules applicable to individuals
not lawfully present that are set forth in section 1402(e) of
the Patient Protection and Affordable Care Act (42 U.S.C.
18071).
(d) Effective Date.--The amendments made by this section shall take
effect on the first day of the first fiscal year beginning after the
date of the enactment of this Act.
SEC. 2309. FIANCEE AND FIANCE CHILD STATUS PROTECTION.
(a) Definition.--Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)(i)
is amended--
(1) in clause (i), by inserting ``or of an alien lawfully
admitted for permanent residence'' after
``204(a)(1)(A)(viii)(I))'';
(2) in clause (ii), by inserting ``or of an alien lawfully
admitted for permanent residence'' after
``204(a)(1)(A)(viii)(I))''; and
(3) in clause (iii), by striking the semicolon and
inserting ``, provided that a determination of the age of such
child is made using the age of the alien on the date on which
the fiance, fiancee, or immigrant visa petition is filed with
the Secretary of Homeland Security to classify the alien's
parent as the fiancee or fiance of a United States citizen or
of an alien lawfully admitted for permanent residence (in the
case of an alien parent described in clause (i)) or as the
spouse of a citizen of the United States or of an alien
lawfully admitted to permanent residence under section
201(b)(2)(A)(i) (in the case of an alien parent described in
clause (ii));''.
(b) Adjustment of Status Authorized.--Section 214(d) (8 U.S.C.
1184(d)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) in paragraph (1), by striking ``In the event'' and all
that follows through the end; and
(3) by inserting after paragraph (1) the following:
``(2)(A) If an alien does not marry the petitioner under paragraph
(1) within 3 months after the alien and the alien's children are
admitted into the United States, the visa previously issued under the
provisions of section 1101(a)(15)(K)(i) shall automatically expire and
such alien and children shall be required to depart from the United
States. If such aliens fail to depart from the United States, they
shall be placed in proceedings in accordance with sections 240 and 241.
``(B) Subject to subparagraphs (C) and (D), if an alien marries the
petitioner described in section 101(a)(15)(K)(i) within 90 days after
the alien is admitted into the United States, the Secretary or the
Attorney General, subject to the provisions of section 245(d), may
adjust the status of the alien, and any children accompanying or
following to join the alien, to that of an alien lawfully admitted for
permanent residence on a conditional basis under section 216 if the
alien and any such children apply for such adjustment and are not
determined to be inadmissible to the United States. If the alien does
not apply for such adjustment within 6 months after the marriage, the
visa issued under the provisions of section 1101(a)(15)(K) shall
automatically expire.
``(C) Paragraphs (5) and (7)(A) of section 212(a) shall not apply
to an alien who is eligible to apply for adjustment of the alien's
status to an alien lawfully admitted for permanent residence under this
section.
``(D) An alien eligible for a waiver of inadmissibility as
otherwise authorized under this Act or the Border Security, Economic
Opportunity, and Immigration Modernization Act shall be permitted to
apply for adjustment of the alien's status to that of an alien lawfully
admitted for permanent residence under this section.''.
(c) Age Determination.--Section 245(d) (8 U.S.C. 1255(d)) is
amended--
(1) by inserting ``(1)'' before ``The Attorney General'' by
striking ``The Attorney General'' and inserting ``(1) The
Secretary of Homeland Security'';
(2) in paragraph (1), as designated under paragraph (1) of
this subsection, by striking ``Attorney General'' and inserting
``Secretary''; and
(3) by adding at the end the following:
``(2) A determination of the age of an alien admitted to the United
States under section 101(a)(15)(K)(iii) shall be made, for purposes of
adjustment to the status of an alien lawfully admitted for permanent
residence on a conditional basis under section 216, using the age of
the alien on the date on which the fiance, fiancee, or immigrant visa
petition was filed with the Secretary of Homeland Security to classify
the alien's parent as the fiancee or fiance of a United States citizen
or of an alien lawfully admitted to permanent residence (in the case of
an alien parent admitted to the United States under section
101(a)(15)(K)(i)) or as the spouse of a United States citizen or of an
alien lawfully admitted to permanent residence under section
201(b)(2)(A)(i) (in the case of an alien parent admitted to the United
States under section 101(a)(15)(K)(ii)).''.
(d) Applicability.--The amendments made by this section shall apply
to all petitions or applications described in such amendments that are
pending as of the date of the enactment of the Border Security,
Economic Opportunity, and Immigration Modernization Act.
(e) Technical and Conforming Amendments.--
(1) Definitions.--Section 101(a)(15)(K) (8 U.S.C.
1101(a)(15)(K)), as amended by subsection (a), if further
amended--
(A) in clause (ii), by striking ``section
201(b)(2)(A)(i)'' and inserting ``section 201(b)(2)'';
and
(B) in clause (iii), by striking ``section
201(b)(2)(A)(i)'' and inserting ``section 201(b)(2)''.
(2) Age determination.--Section paragraph (2) of section
245(d) (8 U.S.C. 1255(d)), as add by subsection (c), is further
amended by striking section ``201(b)(2)(A)(i)'' and inserting
``201(b)(2)''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the first day of the first fiscal year
beginning no earlier than 1 year after the date of the
enactment of this Act.
SEC. 2310. EQUAL TREATMENT FOR ALL STEPCHILDREN.
Section 101(b)(1)(B) (8 U.S.C. 1101(b)(1)(B)) is amended by
striking ``eighteen years'' and inserting ``21 years''.
SEC. 2311. INTERNATIONAL ADOPTION HARMONIZATION.
(a) Modification of Adoption Age Requirements.--Section 101(b)(1)
(8 U.S.C. 1101(b)(1)) is amended--
(1) in subparagraph (E)--
(A) by striking ``(E)(i)'' and inserting ``(E)'';
(B) by striking ``sixteen'' and inserting ``18'';
(C) by striking ``; or'' and inserting a semicolon;
and
(D) by striking clause (ii);
(2) in subparagraph (F)--
(A) by striking ``(F)(i)'' and inserting ``(F)'';
(B) by striking ``sixteen'' and inserting ``18'';
(C) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(D) by striking clause (ii); and
(3) in subparagraph (G), by striking ``16'' and inserting
``18''.
(b) Harmonizing Adoptions Between Hague Convention and Non-Hague-
Convention Countries.--Section 212(a)(1)(C)(ii) (8 U.S.C.
1182(a)(1)(C)(ii)) is amended by striking ``section 101(b)(1)(F),'' and
inserting ``subparagraph (F) or (G) of section 101(b)(1),''.
SEC. 2312. RELIEF FOR ORPHANS, WIDOWS, AND WIDOWERS.
(a) In General.--
(1) Special rule for orphans and spouses.--In applying
clauses (iii) and (iv) of section 201(b)(2)(A) of the
Immigration and Nationality Act, as added by section 102(a) of
this Act, to an alien whose citizen or lawful permanent
resident relative died before the date of the enactment of this
Act, the alien relative may file the classification petition
under section 204(a)(1)(A)(ii) of such Act, as amended by
section 102(c)(4)(A)(i)(II) of this Act, not later than 2 years
after the date of the enactment of this Act.
(2) Eligibility for parole.--If an alien was excluded,
deported, removed, or departed voluntarily before the date of
the enactment of this Act based solely upon the alien's lack of
classification as an immediate relative (as defined in section
201(b)(2)(A)(iv) of the Immigration and Nationality Act, as
amended by section 102(a) of this Act) due to the death of such
citizen or resident--
(A) such alien shall be eligible for parole into
the United States pursuant to the Secretary's
discretionary authority under section 212(d)(5) of such
Act (8 U.S.C. 1182(d)(5)); and
(B) such alien's application for adjustment of
status shall be considered notwithstanding section
212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
(3) Eligibility for parole.--If an alien described in
section 204(l) of the Immigration and Nationality Act (8 U.S.C.
1154(l)), was excluded, deported, removed, or departed
voluntarily before the date of the enactment of this Act--
(A) such alien shall be eligible for parole into
the United States pursuant to the Secretary's
discretionary authority under section 212(d)(5) of such
Act (8 U.S.C. 1182(d)(5)); and
(B) such alien's application for adjustment of
status shall be considered notwithstanding section
212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
(b) Processing of Immigrant Visas and Derivative Petitions.--
(1) In general.--Section 204(b) (8 U.S.C. 1154(b)) is
amended--
(A) by striking ``After an investigation'' and
inserting ``(1) After an investigation''; and
(B) by adding at the end the following:
``(2)(A) Any alien described in subparagraph (B) whose qualifying
relative died before the completion of immigrant visa processing may
have an immigrant visa application adjudicated as if such death had not
occurred. An immigrant visa issued before the death of the qualifying
relative shall remain valid after such death.
``(B) An alien described in this subparagraph is an alien who--
``(i) is an immediate relative (as described in section
201(b)(2)(A));
``(ii) is a family-sponsored immigrant (as described in
subsection (a) or (d) of section 203);
``(iii) is a derivative beneficiary of an employment-based
immigrant under section 203(b) (as described in section
203(d)); or
``(iv) is the spouse or child of a refugee (as described in
section 207(c)(2)) or an asylee (as described in section
208(b)(3)).''.
(2) Transition period.--
(A) In general.--Notwithstanding a denial or
revocation of an application for an immigrant visa for
an alien whose qualifying relative died before the date
of the enactment of this Act, such application may be
renewed by the alien through a motion to reopen,
without fee.
(B) Inapplicability of bars to entry.--
Notwithstanding section 212(a)(9) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(9)), an alien's
application for an immigrant visa shall be considered
if the alien was excluded, deported, removed, or
departed voluntarily before the date of the enactment
of this Act.
(c) Naturalization.--Section 319(a) (8 U.S.C. 1430(a)) is amended
by striking ``States,'' and inserting ``States (or if the spouse is
deceased, the spouse was a citizen of the United States),''.
(d) Waivers of Inadmissibility.--Section 212 (8 U.S.C. 1182) is
amended by adding at the end the following:
``(v) Continued Waiver Eligibility for Widows, Widowers, and
Orphans.--In the case of an alien who would have been statutorily
eligible for any waiver of inadmissibility under this Act but for the
death of a qualifying relative, the eligibility of such alien shall be
preserved as if the death had not occurred and the death of the
qualifying relative shall be the functional equivalent of hardship for
purposes of any waiver of inadmissibility which requires a showing of
hardship.''.
(e) Surviving Relative Consideration for Certain Petitions and
Applications.--Section 204(l)(1) (8 U.S.C. 1154(l)(1)) is amended--
(1) by striking ``who resided in the United States at the
time of the death of the qualifying relative and who continues
to reside in the United States''; and
(2) by striking ``related applications,'' and inserting
``related applications (including affidavits of support),''.
(f) Immediate Relatives.--Section 201(b)(2)(A)(i) (8 U.S.C.
1151(b)(2)(A)(i)) is amended by striking ``within 2 years after such
date''.
(g) Family-sponsored Immigrants.--Section 212(a)(4)(C)(i) (8 U.S.C.
1182(a)(4)(C)(i)) is amended--
(1) in subclause (I), by striking ``, or'' and inserting a
semicolon;
(2) in subclause (II), by striking ``or'' at the end; and
(3) by adding at the end the following:
``(IV) the status as a surviving
relative under 204(l); or''.
SEC. 2313. DISCRETIONARY AUTHORITY WITH RESPECT TO REMOVAL, DEPORTATION
OR INADMISSIBILITY OF CITIZEN AND RESIDENT IMMEDIATE
FAMILY MEMBERS.
(a) Applications for Relief From Removal.--Section 240(c)(4) (8
U.S.C. 1229a(c)(4)) is amended by adding at the end the following:
``(D) Judicial discretion.--In the case of an alien
subject to removal, deportation, or exclusion, the
immigration judge may exercise discretion to decline to
order the alien removed, deported or excluded from the
United States and terminate proceedings if the judge
determines that such removal, deportation, or exclusion
is against the public interest or would result in
hardship to the alien's United States citizen or
permanent resident parent of a child, spouse, or child,
or the judge determines the alien is prima facie
eligible for naturalization except that this
subparagraph shall not apply to an alien whom the judge
determines--
``(i) is described in--
``(I) subparagraph (B), (C),
(D)(ii), (E), (H), (I), or (J) of
section 212(a)(2);
``(II) section 212(a)(3);
``(III) subparagraph (A), (C), or
(D) of section 212(a)(10); or
``(IV) paragraph (2)(A)(ii),
(2)(A)(v), (2)(F), (4), or (6) of
section 237(a); or
``(ii) has--
``(I) engaged in conduct described
in paragraph (8) or (9) of section 103
of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102); or
``(II) a felony conviction
described in section 101(a)(43) that
would have been classified as an
aggravated felony at the time of
conviction.''.
(b) Secretary's Discretion.--Section 212 (8 U.S.C. 1182), as
amended by section 2312(d), is further amended by adding at the end the
following:
``(w) Secretary's Discretion.--In the case of an alien inadmissible
under this section, the Secretary of Homeland Security may exercise
discretion to waive a ground of inadmissibility if the Secretary
determines that such refusal of admission is against the public
interest or would result in hardship to the alien's United States
citizen or permanent resident parent, spouse, or child except that this
subparagraph shall not apply to an alien whom the Secretary
determines--
``(1) is described in--
``(A) subparagraph (B), (C), (D)(ii), (E), (H),
(I), of subsection (a)(2);
``(B) subsection (a)(3);
``(C) subparagraph (A), (C), or (D) of subsection
(a)(10);
``(D) paragraphs (2)(A)(ii), (2)(A)(v), (2)(F), or
(6) of section 237(a); or
``(E) section 240(c)(4)(D)(ii)(II); or
``(2) has--
``(A) engaged in conduct described in paragraph (8)
or (9) of section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102); or
``(B) a felony conviction described in section
101(a)(43) that would have been classified as an
aggravated felony at the time of conviction.''.
(c) Reinstatement of Removal Orders.--Section 241(a)(5) (8 U.S.C.
1231(a)(5)) is amended by striking the period at the end and inserting
``, unless the alien reentered prior to attaining the age of 18 years,
or reinstatement of the prior order of removal would not be in the
public interest or would result in hardship to the alien's United
States citizen or permanent resident parent, spouse, or child.''.
SEC. 2314. WAIVERS OF INADMISSIBILITY.
(a) Aliens Who Entered as Children.--Section 212(a)(9)(B)(iii) (8
U.S.C. 1182(a)(9)(B)(iii)) is amended by adding at the end the
following:
``(VI) Aliens who entered as
children.--Clause (i) shall not apply
to an alien who is the beneficiary of
an approved petition under
101(a)(15)(H) and who has earned a
baccalaureate or higher degree from a
United States institution of higher
education (as defined in section 101(a)
of the Higher Education Act of 1965 (20
U.S.C. 1001(a)), and had not yet
reached the age of 16 years at the time
of initial entry to the United
States.''.
(b) Aliens Unlawfully Present.--Section 212(a)(9)(B)(v) (8 U.S.C.
1181(a)(9)(B)(v) is amended--
(1) by striking ``spouse or son or daughter'' and inserting
``spouse, son, daughter, or parent''; and
(2) by striking ``extreme''.
(c) Previous Immigration Violations.--Section 212(a)(9)(C)(i) (8
U.S.C. 1182(a)(9)(C)(i)) is amended by adding ``, other than an alien
described in clause (iii) or (iv) of subparagraph (B),'' after ``Any
alien''.
(d) False Claims.--
(1) Inadmissibility.--
(A) In general.--Section 212(a)(6)(C) (8 U.S.C.
1182(a)(6)(C)) is amended to read as follows:
``(C) Misrepresentation.--
``(i) In general.--Any alien who, by fraud
or willfully misrepresenting a material fact,
seeks to procure (or within the last 3 years
has sought to procure or has procured) a visa,
other documentation, or admission into the
United States or other benefit provided under
this Act is inadmissible.
``(ii) Falsely claiming citizenship.--
``(I) Inadmissibility.--Subject to
subclause (II), any alien who knowingly
misrepresents himself or herself to be
a citizen of the United States for any
purpose or benefit under this chapter
(including section 274A) or any other
Federal or State law is inadmissible.
``(II) Special rule for children.--
An alien shall not be inadmissible
under this clause if the
misrepresentation described in
subclause (I) was made by the alien
when the alien--
``(aa) was under 18 years
of age; or
``(bb) otherwise lacked the
mental competence to knowingly
misrepresent a claim of United
States citizenship.
``(iii) Waiver.--The Attorney General or
the Secretary of Homeland Security may, in the
discretion of the Attorney General or the
Secretary, waive the application of clause (i)
or (ii)(I) for an alien, regardless whether the
alien is within or outside the United States,
if the Attorney General or the Secretary find
that a determination of inadmissibility to the
United States for such alien would--
``(I) result in extreme hardship to
the alien or to the alien's parent,
spouse, son, or daughter who is a
citizen of the United States or an
alien lawfully admitted for permanent
residence; or
``(II) in the case of a VAWA self-
petitioner, result in significant
hardship to the alien or a parent or
child of the alien who is a citizen of
the United States, an alien lawfully
admitted for permanent residence, or a
qualified alien (as defined in section
431 of the Personal Responsibility and
Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1641(b)).
``(iv) Limitation on review.--No court
shall have jurisdiction to review a decision or
action of the Attorney General or the Secretary
regarding a waiver under clause (iii).''.
(B) Conforming amendment.--Section 212 (8 U.S.C.
1182) is amended by striking subsection (i).
(2) Deportability.--Section 237(a)(3)(D) (8 U.S.C.
1227(a)(3)(D)) is amended to read as follows:
``(D) Falsely claiming citizenship.--Any alien
described in section 212(a)(6)(C)(ii) is deportable.''.
SEC. 2315. CONTINUOUS PRESENCE.
Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) is amended to read as
follows:
``(1) Termination of continuous period.--For purposes of
this section, any period of continuous residence or continuous
physical presence in the United States shall be deemed to end,
except in the case of an alien who applies for cancellation of
removal under subsection (b)(2), on the date that a notice to
appear is filed with the Executive Office for Immigration
Review pursuant to section 240.''.
SEC. 2316. GLOBAL HEALTH CARE COOPERATION.
(a) Temporary Absence of Aliens Providing Health Care in Developing
Countries.--
(1) In general.--Title III (8 U.S.C. 1401 et seq.) is
amended by inserting after section 317 the following:
``SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTH CARE IN
DEVELOPING COUNTRIES.
``(a) In General.--Notwithstanding any other provision of this Act,
the Secretary of Homeland Security shall allow an eligible alien and
the spouse or child of such alien to reside in a candidate country
during the period that the eligible alien is working as a physician or
other health care worker in a candidate country. During such period the
eligible alien and such spouse or child shall be considered--
``(1) to be physically present and residing in the United
States for purposes of naturalization under section 316(a); and
``(2) to meet the continuous residency requirements under
section 316(b).
``(b) Definitions.--In this section:
``(1) Candidate country.--The term `candidate country'
means a country that the Secretary of State determines to be--
``(A) eligible for assistance from the
International Development Association, in which the per
capita income of the country is equal to or less than
the historical ceiling of the International Development
Association for the applicable fiscal year, as defined
by the International Bank for Reconstruction and
Development;
``(B) classified as a lower middle income country
in the then most recent edition of the World
Development Report for Reconstruction and Development
published by the International Bank for Reconstruction
and Development and having an income greater than the
historical ceiling for International Development
Association eligibility for the applicable fiscal year;
or
``(C) qualified to be a candidate country due to
special circumstances, including natural disasters or
public health emergencies.
``(2) Eligible alien.--The term `eligible alien' means an
alien who--
``(A) has been lawfully admitted to the United
States for permanent residence; and
``(B) is a physician or other healthcare worker.
``(c) Consultation.--The Secretary of Homeland Security shall
consult with the Secretary of State in carrying out this section.
``(d) Publication.--The Secretary of State shall publish--
``(1) not later than 180 days after the date of the
enactment of the Border Security, Economic Opportunity, and
Immigration Modernization Act, a list of candidate countries;
``(2) an updated version of the list required by paragraph
(1) not less often than once each year; and
``(3) an amendment to the list required by paragraph (1) at
the time any country qualifies as a candidate country due to
special circumstances under subsection (b)(1)(C).''.
(2) Rulemaking.--
(A) Requirement.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
promulgate regulations to carry out the amendments made
by this subsection.
(B) Content.--The regulations promulgated pursuant
to subparagraph (A) shall--
(i) permit an eligible alien (as defined in
section 317A of the Immigration and Nationality
Act, as added by subsection (a)) and the spouse
or child of the eligible alien to reside in a
foreign country to work as a physician or other
healthcare worker as described in subsection
(a) of such section 317A for not less than a
12-month period and not more than a 24-month
period, and shall permit the Secretary to
extend such period for an additional period not
to exceed 12 months, if the Secretary
determines that such country has a continuing
need for such a physician or other healthcare
worker;
(ii) provide for the issuance of documents
by the Secretary to such eligible alien, and
such spouse or child, if appropriate, to
demonstrate that such eligible alien, and such
spouse or child, if appropriate, is authorized
to reside in such country under such section
317A; and
(iii) provide for an expedited process
through which the Secretary shall review
applications for such an eligible alien to
reside in a foreign country pursuant to
subsection (a) of such section 317A if the
Secretary of State determines a country is a
candidate country pursuant to subsection
(b)(1)(C) of such section 317A.
(3) Technical and conforming amendments.--
(A) Definition.--Section 101(a)(13)(C)(ii) (8
U.S.C. 1101(a)(13)(C)(ii)) is amended by adding
``except in the case of an eligible alien, or the
spouse or child of such alien, who is authorized to be
absent from the United States under section 317A,'' at
the end.
(B) Documentary requirements.--Section 211(b) (8
U.S.C. 1181(b)) is amended by inserting ``, including
an eligible alien authorized to reside in a foreign
country under section 317A and the spouse or child of
such eligible alien, if appropriate,'' after
``101(a)(27)(A),''.
(C) Ineligible aliens.--Section 212(a)(7)(A)(i)(I)
(8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting
``other than an eligible alien authorized to reside in
a foreign country under section 317A and the spouse or
child of such eligible alien, if appropriate,'' after
``Act,''.
(4) Clerical amendment.--The table of contents of such Act
is amended by inserting after the item relating to section 317
the following:
``Sec. 317A. Temporary absence of aliens providing health care in
developing countries.''.
(b) Attestation by Health Care Workers.--
(1) Attestation requirement.--Section 212(a)(5) (8 U.S.C.
1182(a)(5)) is amended by adding at the end the following:
``(E) Health care workers with other obligations.--
``(i) In general.--An alien who seeks to
enter the United States for the purpose of
performing labor as a physician or other health
care worker is inadmissible unless the alien
submits to the Secretary of Homeland Security
or the Secretary of State, as appropriate, an
attestation that the alien is not seeking to
enter the United States for such purpose during
any period in which the alien has an
outstanding obligation to the government of the
alien's country of origin or the alien's
country of residence.
``(ii) Obligation defined.--In this
subparagraph, the term `obligation' means an
obligation incurred as part of a valid,
voluntary individual agreement in which the
alien received financial assistance to defray
the costs of education or training to qualify
as a physician or other health care worker in
consideration for a commitment to work as a
physician or other health care worker in the
alien's country of origin or the alien's
country of residence.
``(iii) Waiver.--The Secretary of Homeland
Security may waive a finding of inadmissibility
under clause (i) if the Secretary determines
that--
``(I) the obligation was incurred
by coercion or other improper means;
``(II) the alien and the government
of the country to which the alien has
an outstanding obligation have reached
a valid, voluntary agreement, pursuant
to which the alien's obligation has
been deemed satisfied, or the alien has
shown to the satisfaction of the
Secretary that the alien has been
unable to reach such an agreement
because of coercion or other improper
means; or
``(III) the obligation should not
be enforced due to other extraordinary
circumstances, including undue hardship
that would be suffered by the alien in
the absence of a waiver.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date that is 180 days after the date
of the enactment of this Act.
(3) Application.--Not later than the effective date
described in paragraph (2), the Secretary of Homeland Security
shall begin to carry out subparagraph (E) of section 212(a)(5)
of the Immigration and Nationality Act, as added by paragraph
(1), including the requirement for the attestation and the
granting of a waiver described in clause (iii) of such
subparagraph (E), regardless of whether regulations to
implement such subparagraph have been promulgated.
SEC. 2317. EXTENSION AND IMPROVEMENT OF THE IRAQI SPECIAL IMMIGRANT
VISA PROGRAM.
The Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note) is
amended--
(1) in section 1242, by amended subsection (c) to read as
follows:
``(c) Improved Application Process.--Not later than 120 days after
the date of the enactment of the Border Security, Economic Opportunity,
and Immigration Modernization Act, the Secretary of State and the
Secretary of Homeland Security, in consultation with the Secretary of
Defense, shall improve the efficiency by which applications for special
immigrant visas under section 1244(a) are processed so that all steps
incidental to the issuance of such visas, including required screenings
and background checks, are completed not later than 9 months after the
date on which an eligible alien applies for such visa.''; and
(2) in section 1244--
(A) subsection (b)--
(i) in paragraph (1)--
(I) by amending subparagraph (B) to
read as follows:
``(B) was or is employed in Iraq on or after March
20, 2003, for not less than 1 year, by, or on behalf
of--
``(i) the United States Government;
``(ii) a media or nongovernmental
organization headquartered in the United
States; or
``(iii) an organization or entity closely
associated with the United States mission in
Iraq that has received United States Government
funding through an official and documented
contract, award, grant, or cooperative
agreement;'';
(II) in subparagraph (C), by
striking ``United States Government''
and inserting ``an entity or
organization described in subparagraph
(B)''; and
(III) in subparagraph (D), by
striking by striking ``United States
Government.'' and inserting ``such
entity or organization.'';
(ii) in paragraph (4)--
(I) by striking ``A
recommendation'' and inserting the
following:
``(A) In general.--Except as provided under
subparagraph (B), a recommendation'';
(II) by striking ``United States
Government prior'' and inserting ``an
entity or organization described in
paragraph (1)(B) prior''; and
(III) by adding at the end the
following:
``(B) Review process for denial by chief of
mission.--
``(i) In general.--An applicant who has
been denied Chief of Mission approval required
by subparagraph (A) shall--
``(I) receive a written decision;
and
``(II) be provided 120 days from
the date of the decision to request
reopening of the decision to provide
additional information, clarify
existing information, or explain any
unfavorable information.
``(ii) Senior coordinator.--The Secretary
of State shall designate, in the Embassy of the
United States in Baghdad, Iraq, a senior
coordinator responsible for overseeing the
efficiency and integrity of the processing of
special immigrant visas under this section, who
shall be given--
``(I) sufficiently high security
clearance to review Chief of Mission
denials in cases that appear to have
relied upon insufficient or incorrect
information; and
``(II) responsibility for ensuring
that an applicant described in clause
(i) receives the information described
in clause (i)(I).''; and
(B) in subsection (c)(3), by adding at the end the
following:
``(C) Subsequent fiscal years.--Notwithstanding
subparagraphs (A) and (B), and consistent with
subsection (b), any unused balance of the total number
of principal aliens who may be provided special
immigrant status under this section in fiscal years
2008 through 2012 may be carried forward and provided
through the end of fiscal year 2018.''; and
(3) in section 1248, by adding at the end the following:
``(f) Report on Improvements.--
``(1) In general.--Not later than 120 days after the date
of the enactment of the Border Security, Economic Opportunity,
and Immigration Modernization Act, the Secretary of State and
the Secretary of Homeland Security, in consultation with the
Secretary of Defense, shall submit a report, with a classified
annex, if necessary, to--
``(A) the Committee on the Judiciary of the Senate;
``(B) the Committee on Foreign Relations of the
Senate;
``(C) the Committee on the Judiciary of the House
of Representatives; and
``(D) the Committee on Foreign Affairs of the House
of Representatives.
``(2) Contents.--The report submitted under paragraph (1)
shall describe the implementation of improvements to the
processing of applications for special immigrant visas under
section 1244(a), including information relating to--
``(A) enhancing existing systems for conducting
background and security checks of persons applying for
special immigrant status, which shall--
``(i) support immigration security; and
``(ii) provide for the orderly processing
of such applications without delay;
``(B) the financial, security, and personnel
considerations and resources necessary to carry out
this subtitle;
``(C) the number of aliens who have applied for
special immigrant visas under section 1244 during each
month of the preceding fiscal year;
``(D) the reasons for the failure to expeditiously
process any applications that have been pending for
longer than 9 months;
``(E) the total number of applications that are
pending due to the failure--
``(i) to receive approval from the Chief of
Mission;
``(ii) for U.S. Citizenship and Immigration
Services to complete the adjudication of the
Form I-360;
``(iii) to conduct a visa interview; or
``(iv) to issue the visa to an eligible
alien;
``(F) the average wait times for an applicant at
each of the stages described in subparagraph (E);
``(G) the number of denials or rejections at each
of the stages described in subparagraph (E); and
``(H) a breakdown of reasons for denials at by the
Chief of Mission based on the categories already made
available to denied special immigrant visa applicants
in the denial letter sent to them by the Chief of
Mission.
``(g) Public Quarterly Reports .--Not later than 120 days after the
date of the enactment of the Border Security, Economic Opportunity, and
Immigration Modernization Act, and every 3 months thereafter, the
Secretary of State and the Secretary of Homeland Security, in
consultation with the Secretary of Defense, shall publish a report on
the website of the Department of State that describes the efficiency
improvements made in the process by which applications for special
immigrant visas under section 1244(a) are processed, including
information described in subparagraphs (C) through (H) of subsection
(f)(2).''.
SEC. 2318. EXTENSION AND IMPROVEMENT OF THE AFGHAN SPECIAL IMMIGRANT
VISA PROGRAM.
Section 602(b) of the Afghan Allies Protection Act of 2009 (8
U.S.C. 1101 note) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by amending clause (ii) to read as
follows:
``(ii) was or is employed in Afghanistan on
or after October 7, 2001, for not less than 1
year, by, or on behalf of--
``(I) the United States Government;
``(II) a media or nongovernmental
organization headquartered in the
United States; or
``(III) an organization or entity
closely associated with the United
States mission in Afghanistan that has
received United States Government
funding through an official and
documented contract, award, grant, or
cooperative agreement;'';
(ii) in clause (iii), by striking ``United
States Government'' and inserting ``an entity
or organization described in clause (ii)''; and
(iii) in clause (iv), by striking by
striking ``United States Government.'' and
inserting ``such entity or organization.'';
(B) by amending subparagraph (B) to read as
follows:
``(B) Family members.--An alien is described in
this subparagraph if the alien is--
``(i) the spouse or minor child of a
principal alien described in subparagraph (A)
who is accompanying or following to join the
principal alien in the United States; or
``(ii)(I) the spouse, child, parent or
sibling of a principal alien described in
subparagraph (A), whether or not accompanying
or following to join; and
``(II) has experienced or is experiencing
an ongoing serious threat as a consequence of
the qualifying employment of a principal alien
described in subparagraph (A).''; and
(C) in subparagraph (D)--
(i) by striking ``A recommendation'' and
inserting the following:
``(i) In general.--Except as provided under
clause (ii), a recommendation'';
(ii) by striking ``United States Government
prior'' and inserting ``an entity or
organization described in paragraph (2)(A)(ii)
prior''; and
(iii) by adding at the end the following:
``(ii) Review process for denial by chief
of mission.--
``(I) In general.--An applicant who
has been denied Chief of Mission
approval shall--
``(aa) receive a written
decision; and
``(bb) be provided 120 days
from the date of receipt of
such opinion to request
reconsideration of the decision
to provide additional
information, clarify existing
information, or explain any
unfavorable information..
``(II) Senior coordinator.--The
Secretary of State shall designate, in
the Embassy of the United States in
Kabul, Afghanistan, a senior
coordinator responsible for overseeing
the efficiency and integrity of the
processing of special immigrant visas
under this section, who shall be
given--
``(aa) sufficiently high
security clearance to review
Chief of Mission denials in
cases that appear to have
relied upon insufficient or
incorrect information; and
``(bb) responsibility for
ensuring that an applicant
described in subclause (I)
receives the information
described in subclause
(I)(aa).'';
(2) in paragraph (3)(C), by amending clause (iii) to read
as follows:
``(iii) Fiscal years 2014 through 2018.--
For each of the fiscal years 2014 through 2018,
the total number of principal aliens who may be
provided special immigrant status under this
section may not exceed the sum of--
``(I) 5,000;
``(II) the difference between the
number of special immigrant visas
allocated under this section for fiscal
years 2009 through 2013 and the number
of such allocated visas that were
issued; and
``(III) any unused balance of the
total number of principal aliens who
may be provided special immigrant
status in fiscal years 2014 through
2018 that have been carried forward.'';
(3) in paragraph (4)--
(A) in the heading, by striking ``Prohibition on
fees.--''and inserting ``Application process.--'';
(B) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--Not later than 120 days after
the date of enactment of the Border Security, Economic
Opportunity, and Immigration Modernization Act, the
Secretary of State and the Secretary of Homeland
Security, in consultation with the Secretary of
Defense, shall improve the efficiency by which
applications for special immigrant visas under
paragraph (1) are processed so that all steps
incidental to the issuance of such visas, including
required screenings and background checks, are
completed not later than 6 months after the date on
which an eligible alien applies for such visa.
``(B) Prohibition on fees.--The Secretary''; and
(4) by adding at the end the following:
``(12) Report on improvements.--Not later than 120 days
after the date of the enactment of the Border Security,
Economic Opportunity, and Immigration Modernization Act, the
Secretary of State and the Secretary of Homeland Security, in
consultation with the Secretary of Defense, shall submit to the
appropriate committees a report, with a classified annex, if
necessary, that describes the implementation of improvements to
the processing of applications for special immigrant visas
under this subsection, including information relating to--
``(A) enhancing existing systems for conducting
background and security checks of persons applying for
special immigrant status, which shall--
``(i) support immigration security; and
``(ii) provide for the orderly processing
of such applications without delay;
``(B) the financial, security, and personnel
considerations and resources necessary to carry out
this section;
``(C) the number of aliens who have applied for
special immigrant visas under this subsection during
each month of the preceding fiscal year;
``(D) the reasons for the failure to expeditiously
process any applications that have been pending for
longer than 9 months;
``(E) the total number of applications that are
pending due to the failure--
``(i) to receive approval from the Chief of
Mission;
``(ii) for U.S. Citizenship and Immigration
Services to complete the adjudication of the
Form I-360;
``(iii) to conduct a visa interview; or
``(iv) to issue the visa to an eligible
alien;
``(F) the average wait times for an applicant at
each of the stages described in subparagraph (E);
``(G) the number of denials or rejections at each
of the stages described in subparagraph (E); and
``(H) a breakdown of reasons for denials by the
Chief of Mission based on the categories already made
available to denied special immigrant visa applicants
in the denial letter sent to them by the Chief of
Mission.
``(13) Public quarterly reports .--Not later than 120 days
after the date of the enactment of the Border Security,
Economic Opportunity, and Immigration Modernization Act, and
every 3 months thereafter, the Secretary of State and the
Secretary of Homeland Security, in consultation with the
Secretary of Defense, shall publish a report on the website of
the Department of State that describes the efficiency
improvements made in the process by which applications for
special immigrant visas under this subsection are processed,
including information described in subparagraph (C) through (H)
of paragraph (12).''.
SEC. 2319. ELIMINATION OF SUNSETS FOR CERTAIN VISA PROGRAMS.
(a) Special Immigrant Nonminister Religious Worker Program.--
Section 101(a)(27)(C)(ii) (8 U.S.C. 1101 (a)(27)(C)(ii)) is amended in
subclauses (II) and (III) by striking ``before September 30, 2015,''
both places such term appears.
(b) EB -5 Regional Center Program.--Section 610(b) of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1993 (Public Law 102-395; 8 U.S.C. 1153
note) is amended by striking ``until September 30, 2015''.
Subtitle D--Conrad State 30 and Physician Access
SEC. 2401. CONRAD STATE 30 PROGRAM.
Section 220(c) of the Immigration and Nationality Technical
Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is
amended by striking ``and before September 30, 2015''.
SEC. 2402. RETAINING PHYSICIANS WHO HAVE PRACTICED IN MEDICALLY
UNDERSERVED COMMUNITIES.
Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section
217(b), is further amended by adding at the end the following:
``(L)(i) Alien physicians who have completed service
requirements of a waiver requested under section
203(b)(2)(B)(ii), including alien physicians who completed such
service before the date of the enactment of the Border
Security, Economic Opportunity, and Immigration Modernization
Act and any spouses or children of such alien physicians.
``(ii) Nothing in this subparagraph may be construed--
``(I) to prevent the filing of a petition with the
Secretary of Homeland Security for classification under
section 204(a) or the filing of an application for
adjustment of status under section 245 by an alien
physician described in this subparagraph prior to the
date by which such alien physician has completed the
service described in section 214(l) or worked full-time
as a physician for an aggregate of 5 years at the
location identified in the section 214(l) waiver or in
an area or areas designated by the Secretary of Health
and Human Services as having a shortage of health care
professionals; or
``(II) to permit the Secretary of Homeland Security
to grant such a petition or application until the alien
has satisfied all the requirements of the waiver
received under section 214(l).''.
SEC. 2403. EMPLOYMENT PROTECTIONS FOR PHYSICIANS.
(a) In General.--Section 214(l)(1)(C) (8 U.S.C. 1184(l)(1)(C)) is
amended by striking clauses (i) and (ii) and inserting the following:
``(i) the alien demonstrates a bona fide offer of
full-time employment, at a health care organization,
which employment has been determined by the Secretary
of Homeland Security to be in the public interest; and
``(ii) the alien agrees to begin employment with
the health facility or health care organization in a
geographic area or areas which are designated by the
Secretary of Health and Human Services as having a
shortage of health care professionals by the later of
the date that is 90 days after receiving such waiver,
90 days after completing graduate medical education or
training under a program approved pursuant to section
212(j)(1), or 90 days after receiving nonimmigrant
status or employment authorization, and agrees to
continue to work for a total of not less than 3 years
in any status authorized for such employment under this
subsection unless--
``(I) the Secretary determines that
extenuating circumstances exist that justify a
lesser period of employment at such facility or
organization, in which case the alien shall
demonstrate another bona fide offer of
employment at a health facility or health care
organization, for the remainder of such 3-year
period;
``(II) the interested State agency that
requested the waiver attests that extenuating
circumstances exist that justify a lesser
period of employment at such facility or
organization in which case the alien shall
demonstrate another bona fide offer of
employment at a health facility or health care
organization so designated by the Secretary of
Health and Human Services, for the remainder of
such 3-year period; or
``(III) if the alien elects not to pursue a
determination of extenuating circumstances
pursuant to subclause (I) or (II), the alien
terminates the alien's employment relationship
with such facility or organization, in which
case the alien shall be employed for the
remainder of such 3-year period, and 1
additional year for each termination, at
another health facility or health care
organization in a geographic area or areas
which are designated by the Secretary of Health
and Human Services as having a shortage of
health care professionals; and''.
(b) Contract Requirements.--Section 214(l) (8 U.S.C. 1184(l)) is
amended by adding at the end the following:
``(4) An alien granted a waiver under paragraph (1)(C) shall enter
into an employment agreement with the contracting health facility or
health care organization that--
``(A) specifies the maximum number of on-call hours per
week (which may be a monthly average) that the alien will be
expected to be available and the compensation the alien will
receive for on-call time;
``(B) specifies whether the contracting facility or
organization will pay for the alien's malpractice insurance
premiums, including whether the employer will provide
malpractice insurance and, if so, the amount of such insurance
that will be provided;
``(C) describes all of the work locations that the alien
will work and a statement that the contracting facility or
organization will not add additional work locations without the
approval of the Federal agency or State agency that requested
the waiver; and
``(D) does not include a non-compete provision.
``(5) An alien granted a waiver under paragraph (1)(C) whose
employment relationship with a health facility or health care
organization terminates during the 3-year service period required by
such paragraph--
``(A) shall have a period of 120 days beginning on the date
of such termination of employment to submit to the Secretary of
Homeland Security applications or petitions to commence
employment with another contracting health facility or health
care organization in a geographic area or areas which are
designated by the Secretary of Health and Human Services as
having a shortage of health care professionals; and
``(B) shall be considered to be maintaining lawful status
in an authorized stay during the 120-day period referred to in
subsection (A).''.
SEC. 2404. ALLOTMENT OF CONRAD 30 WAIVERS.
(a) In General.--Section 214(l) (8 U.S.C. 1184(l)), as amended by
section 333(b), is further amended by adding at the end the following:
``(6)(A)(i) All States shall be allotted a total of 35 waivers
under paragraph (1)(B) for a fiscal year if 90 percent of the waivers
available to the States receiving at least 5 waivers were used in the
previous fiscal year.
``(ii) When an allocation has occurred under clause (i), all States
shall be allotted an additional 5 waivers under paragraph (1)(B) for
each subsequent fiscal year if 90 percent of the waivers available to
the States receiving at least 5 waivers were used in the previous
fiscal year. If the States are allotted 45 or more waivers for a fiscal
year, the States will only receive an additional increase of 5 waivers
the following fiscal year if 95 percent of the waivers available to the
States receiving at least 1 waiver were used in the previous fiscal
year.
``(B) Any increase in allotments under subparagraph (A) shall be
maintained indefinitely, unless in a fiscal year, the total number of
such waivers granted is 5 percent lower than in the last year in which
there was an increase in the number of waivers allotted pursuant to
this paragraph, in which case--
``(i) the number of waivers allotted shall be decreased by
5 for all States beginning in the next fiscal year; and
``(ii) each additional 5 percent decrease in such waivers
granted from the last year in which there was an increase in
the allotment, shall result in an additional decrease of 5
waivers allotted for all States, provided that the number of
waivers allotted for all States shall not drop below 30.''.
(b) Academic Medical Centers.--Section 214(l)(1)(D) (8 U.S.C.
1184(l)(1)(D)) is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iv) in the case of a request by an interested
State agency--
``(I) the head of such agency determines
that the alien is to practice medicine in, or
be on the faculty of a residency program at, an
academic medical center (as that term is
defined in section 411.355(e)(2) of title 42,
Code of Federal Regulation, or similar
successor regulation), without regard to
whether such facility is located within an area
designated by the Secretary of Health and Human
Services as having a shortage of health care
professionals; and
``(II) the head of such agency determines
that--
``(aa) the alien physician's work
is in the public interest; and
``(bb) the grant of such waiver
would not cause the number of the
waivers granted on behalf of aliens for
such State for a fiscal year (within
the limitation in subparagraph (B) and
subject to paragraph (6)) in accordance
with the conditions of this clause to
exceed 3.''.
SEC. 2405. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER
PROVISIONS RELATED TO PHYSICIAN IMMIGRATION.
(a) Dual Intent for Physicians Seeking Graduate Medical Training.--
Section 214(b) (8 U.S.C. 1184(b)) is amended by striking ``(other than
a nonimmigrant described in subparagraph (L) or (V) of section
101(a)(15), and other than a nonimmigrant described in any provision of
section 101(a)(15)(H)(i) except subclause (b1) of such section)'' and
inserting ``(other than a nonimmigrant described in subparagraph (L) or
(V) of section 101(a)(15), a nonimmigrant described in any provision of
section 101(a)(15)(H)(i), except subclause (b1) of such section, and an
alien coming to the United States to receive graduate medical education
or training as described in section 212(j) or to take examinations
required to receive graduate medical education or training as described
in section 212(j))''.
(b) Allowable Visa Status for Physicians Fulfilling Waiver
Requirements in Medically Underserved Areas.--Section 214(l)(2)(A) (8
U.S.C. 1184(l)(2)(A)) is amended by striking ``an alien described in
section 101(a)(15)(H)(i)(b).'' and inserting ``any status authorized
for employment under this Act.''.
(c) Physician National Interest Waiver Clarifications.--Section
203(b)(2)(B)(ii)(I) (8 U.S.C. 1153(b)(2)(B)(ii)(I)) is amended by
striking items (aa) and (bb) and inserting the following:
``(aa) the alien physician agrees to work
on a full-time basis practicing primary care,
specialty medicine, or a combination thereof,
in an area or areas designated by the Secretary
of Health and Human Services as having a
shortage of health care professionals, or at a
health care facility under the jurisdiction of
the Secretary of Veterans Affairs; or
``(bb) the alien physician is pursuing such
waiver based upon service at a facility or
facilities that serve patients who reside in a
geographic area or areas designated by the
Secretary of Health and Human Services as
having a shortage of health care professionals
(without regard to whether such facility or
facilities are located within such an area) and
a Federal agency, or a local, county, regional,
or State department of public health determines
the alien physician's work was or will be in
the public interest.''.
(d) Short Term Work Authorization for Physicians Completing Their
Residencies.--A physician completing graduate medical education or
training as described in section 212(j) of the Immigration and
Nationality Act (8 U.S.C. 1182(j)) as a nonimmigrant described section
101(a)(15)(H)(i) of such Act (8 U.S.C. 1101(a)(15)(H)(i)) shall have
such nonimmigrant status automatically extended until October 1 of the
fiscal year for which a petition for a continuation of such
nonimmigrant status has been submitted in a timely manner and where the
employment start date for the beneficiary of such petition is October 1
of that fiscal year. Such physician shall be authorized to be employed
incident to status during the period between the filing of such
petition and October 1 of such fiscal year. However, the physician's
status and employment authorization shall terminate 30 days from the
date such petition is rejected, denied or revoked. A physician's status
and employment authorization will automatically extend to October 1 of
the next fiscal year if all visas as described in such section
101(a)(15)(H)(i) authorized to be issued for the fiscal year have been
issued.
(e) Applicability of Section 212(e) to Spouses and Children of J-1
Exchange Visitors.--A spouse or child of an exchange visitor described
in section 101(a)(15)(J) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(J)) shall not be subject to the requirements of
section 212(e) of the Immigration and Nationality Act (8 U.S.C.
1182(e)).
Subtitle E--Integration
SEC. 2501. DEFINITIONS.
In this subtitle:
(1) Chief.--The term ``Chief'' means the Chief of the
Office.
(2) Foundation.--The term ``Foundation'' means the United
States Citizenship Foundation established pursuant to section
2531.
(3) IEACA grants.--The term ``IEACA grants'' means Initial
Entry, Adjustment, and Citizenship Assistance grants authorized
under section 2537.
(4) Immigrant integration.--The term ``immigrant
integration'' means the process by which immigrants--
(A) join the mainstream of civic life by engaging
and sharing ownership in their local community, the
United States, and the principles of the Constitution;
(B) attain financial self-sufficiency and upward
economic mobility for themselves and their family
members; and
(C) acquire English language skills and related
cultural knowledge necessary to effectively participate
in their community.
(5) Linguistic integration.--The term ``linguistic
integration'' means the acquisition, by limited English
proficient individuals, of English language skills and related
cultural knowledge necessary to meaningfully and effectively
fulfill their roles as community members, family members, and
workers.
(6) Office.--The term ``Office'' means the Office of
Citizenship and New Americans established in U.S. Citizenship
and Immigration Services under section 2511.
(7) Receiving communities.--The term ``receiving
communities'' means the long-term residents of the communities
in which immigrants settle.
(8) Task force.--The term ``Task Force'' means the Task
Force on New Americans established pursuant to section 2521.
(9) USCF council.--The term ``USCF Council'' means the
Council of Directors of the Foundation.
CHAPTER 1--CITIZENSHIP AND NEW AMERICANS
Subchapter A--Office of Citizenship and New Americans
SEC. 2511. OFFICE OF CITIZENSHIP AND NEW AMERICANS.
(a) Renaming Office of Citizenship.--
(1) In general.--Beginning on the date of the enactment of
this Act, the Office of Citizenship in U.S. Citizenship and
Immigration Services shall be referred to as the ``Office of
Citizenship and New Americans''.
(2) References.--Any reference in a law, regulation,
document, paper, or other record of the United States to the
Office of Citizenship in U.S. Citizenship and Immigration
Services shall be deemed to be a reference to the Office of
Citizenship and New Americans.
(3) Technical and conforming amendments.--Section 451 of
the Homeland Security Act of 2002 (6 U.S.C. 271) is amended--
(A) in the section heading, by striking ``bureau
of'' and inserting ``u.s.'';
(B) in subsection (a)(1), by striking ``the 'Bureau
of'' and inserting ``'U.S.'';
(C) by striking ``the Bureau of'' each place such
terms appears and inserting ``U.S.''; and
(D) in subsection (f)--
(i) by amending the subsection heading to
read as follows: ``Office of Citizenship and
New Americans''; and
(ii) by striking paragraph (1) and
inserting the following:
``(1) Chief.--The Office of Citizenship and New Americans
shall be within U.S. Citizenship and Immigration Services and
shall be headed by the Chief of the Office of Citizenship and
New Americans.''.
(b) Functions.--Section 451(f) of such Act (6 U.S.C. 271(f)), as
amended by subsection (a)(3)(D), is further amended by striking
paragraph (2) and inserting the following:
``(2) Functions.--The Chief of the Office of Citizenship
and New Americans shall--
``(A) promote institutions and training on
citizenship responsibilities for aliens interested in
becoming naturalized citizens of the United States,
including the development of educational materials for
such aliens;
``(B) provide general leadership, consultation, and
coordination of the immigrant integration programs
across the Federal Government and with State and local
entities;
``(C) advise the Director of U.S. Citizenship and
Immigration Services, the Secretary of Homeland
Security, and the Domestic Policy Council on--
``(i) the challenges and opportunities
relating to the linguistic, economic, and civic
integration of immigrants and their young
children and progress in meeting integration
goals and indicators; and
``(ii) immigrant integration considerations
relating to Federal budgets;
``(D) establish national goals for introducing new
immigrants into the United States and measure the
degree to which such goals are met;
``(E) evaluate the scale, quality, and
effectiveness of Federal Government efforts in
immigrant integration and provide advice on appropriate
actions;
``(F) identify the integration implications of new
or proposed immigration policies and provide
recommendations for addressing such implications;
``(G) continue the efforts of the Task Force on New
Americans established by Executive Order 13404 (71 Fed.
Reg. 33593);
``(H) serve as a liaison and intermediary with
State and local governments and other entities to
assist in establishing local goals, task forces, and
councils to assist in--
``(i) introducing immigrants into the
United States; and
``(ii) promoting citizenship education and
awareness among aliens interested in becoming
naturalized citizens of the United States;
``(I) coordinate with other Federal agencies to
provide information to State and local governments on
the demand for existing Federal and State English
acquisition and citizenship education programs and best
practices for immigrants who recently arrived in the
United States;
``(J) assist States in coordinating the activities
of the grant programs authorized under sections 2537
and 2538 of the Border Security, Economic Opportunity,
and Immigration Modernization Act;
``(K) submit a biennial report to the appropriate
congressional committees that describes the activities
of the Office of Citizenship and New Americans; and
``(L) carry out such other functions and activities
as Secretary may assign.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the date that is 1 year after the date of the
enactment of this Act.
Subchapter B--Task Force on New Americans
SEC. 2521. ESTABLISHMENT.
(a) In General.--The Secretary shall establish a Task Force on New
Americans.
(b) Fully Functional.--The Task Force shall be fully functional not
later than 18 months after the date of the enactment of this Act.
SEC. 2522. PURPOSE.
The purposes of the Task Force are--
(1) to establish a coordinated Federal program and policy
response to immigrant integration issues; and
(2) to advise and assist the Secretary in identifying and
fostering policies to carry out the policies and goals
established under this chapter.
SEC. 2523. MEMBERSHIP.
(a) In General.--The Task Force shall be comprised of--
(1) the Secretary, who shall serve as Chair of the Task
Force;
(2) the Secretary of the Treasury;
(3) the Attorney General;
(4) the Secretary of Commerce;
(5) the Secretary of Labor;
(6) the Secretary of Health and Human Services;
(7) the Secretary of Housing and Urban Development;
(8) the Secretary of Transportation;
(9) the Secretary of Education;
(10) the Director of the Office of Management and Budget;
(11) the Administrator of the Small Business
Administration;
(12) the Director of the Domestic Policy Council; and
(13) the Director of the National Economic Council.
(b) Delegation.--A member of the Task Force may delegate a senior
official, at the Assistant Secretary, Deputy Administrator, Deputy
Director, or Assistant Attorney General level to perform the functions
of a Task Force member described in section 2524.
SEC. 2524. FUNCTIONS.
(a) Meetings; Functions.--The Task Force shall--
(1) meet at the call of the Chair; and
(2) perform such functions as the Secretary may prescribe.
(b) Coordinated Response.--The Task Force shall work with executive
branch agencies--
(1) to provide a coordinated Federal response to issues
that impact the lives of new immigrants and receiving
communities, including--
(A) access to youth and adult education
programming;
(B) workforce training;
(C) health care policy;
(D) access to naturalization; and
(E) community development challenges; and
(2) to ensure that Federal programs and policies adequately
address such impacts.
(c) Liaisons.--Members of the Task Force shall serve as liaisons to
their respective agencies to ensure the quality and timeliness of their
agency's participation in activities of the Task Force, including--
(1) creating integration goals and indicators;
(2) implementing the biannual consultation process with the
agency's State and local counterparts; and
(3) reporting on agency data collection, policy, and
program efforts relating to achieving the goals and indicators
referred to in paragraph (1).
(d) Recommendations.--Not later than 18 months after the end of the
period specified in section 2521(b), the Task Force shall--
(1) provide recommendations to the Domestic Policy Council
and the Secretary on the effects of pending legislation and
executive branch policy proposals;
(2) suggest changes to Federal programs or policies to
address issues of special importance to new immigrants and
receiving communities;
(3) review and recommend changes to policies that have a
distinct impact on new immigrants and receiving communities;
and
(4) assist in the development of legislative and policy
proposals of special importance to new immigrants and receiving
communities.
CHAPTER 2--PUBLIC-PRIVATE PARTNERSHIP
SEC. 2531. ESTABLISHMENT OF UNITED STATES CITIZENSHIP FOUNDATION.
The Secretary, acting through the Director of U.S. Citizenship and
Immigration Services, is authorized to establish a nonprofit
corporation, which shall be known as the ``United States Citizenship
Foundation''.
SEC. 2532. FUNDING.
(a) Gifts to Foundation.--In order to carry out the purposes set
forth in section 2533, the Foundation may--
(1) solicit, accept, and make gifts of money and other
property in accordance with section 501(c)(3) of the Internal
Revenue Code of 1986;
(2) engage in coordinated work with the Department,
including the Office and U.S. Citizenship and Immigration
Services; and
(3) accept, hold, administer, invest, and spend any gift,
devise, or bequest of real or personal property made to the
Foundation.
(b) Gifts to Office of Citizenship and New Americans.--The Office
may accept gifts from the Foundation to support the functions of the
Office.
SEC. 2533. PURPOSES.
The purposes of the Foundation are--
(1) to expand citizenship preparation programs for
permanent residents;
(2) to provide direct assistance for aliens seeking
provisional immigrant status, legal permanent resident status,
or naturalization as a United States citizen; and
(3) to coordinate immigrant integration with State and
local entities.
SEC. 2534. AUTHORIZED ACTIVITIES.
The Foundation shall carry out its purpose by--
(1) making United States citizenship instruction and
naturalization application services accessible to low-income
and other underserved permanent resident populations;
(2) developing, identifying, and sharing best practices in
United States citizenship preparation;
(3) supporting innovative and creative solutions to
barriers faced by those seeking naturalization;
(4) increasing the use of, and access to, technology in
United States citizenship preparation programs;
(5) engaging receiving communities in the United States
citizenship and civic integration process;
(6) administering the New Citizens Award Program to
recognize, in each calendar year, not more than 10 United
States citizens who--
(A) have made outstanding contributions to the
United States; and
(B) have been naturalized during the 10-year period
ending on the date of such recognition;
(7) fostering public education and awareness;
(8) coordinate its immigrant integration efforts with the
Office;
(9) awarding grants to eligible public or private nonprofit
organizations under section 2537.
(10) awarding grants to State and local governments under
section 2538.
SEC. 2535. COUNCIL OF DIRECTORS.
(a) Members.--The Foundation shall have a Council of Directors,
which shall be comprised of--
(1) the Director of U.S. Citizenship and Immigration
Services;
(2) the Chief of the Office of Citizenship and New
Americans; and
(3) 10 directors, appointed by the ex-officio directors
designated in paragraphs (1) and (2), from national community-
based organizations that promote and assist permanent residents
with naturalization.
(b) Appointment of Executive Director.--The USCF Council shall
appoint an Executive Director, who shall oversee the day-to-day
operations of the Foundation.
SEC. 2536. POWERS.
The Executive Director is authorized to carry out the purposes set
forth in section 2533 on behalf of the Foundation by--
(1) accepting, holding, administering, investing, and
spending any gift, devise, or bequest of real or personal
property made to the Foundation;
(2) entering into contracts and other financial assistance
agreements with individuals, public or private organizations,
professional societies, and government agencies to carry out
the functions of the Foundation;
(3) entering into such other contracts, leases, cooperative
agreements, and other transactions as the Executive Director
considers appropriate to carry out the activities of the
Foundation; and
(4) charging such fees for professional services furnished
by the Foundation as the Executive Director determines
reasonable and appropriate.
SEC. 2537. INITIAL ENTRY, ADJUSTMENT, AND CITIZENSHIP ASSISTANCE GRANT
PROGRAM.
(a) Authorization.--The Secretary, acting through the Director of
U.S. Citizenship and Immigration Services, may award Initial Entry,
Adjustment, and Citizenship Assistance grants to eligible public or
private, nonprofit organizations.
(b) Use of Grant Funds.--IEACA grants shall be used for the design
and implementation of programs that provide direct assistance, within
the scope of the authorized practice of immigration law--
(1) to aliens who are preparing an initial application for
registered provisional immigrant status under section 245B of
the Immigration and Nationality Act, as added by section 2101
of this Act, including assisting applicants in--
(A) screening to assess prospective applicants'
potential eligibility or lack of eligibility;
(B) completing applications;
(C) gathering proof of identification, employment,
residence, and tax payment;
(D) gathering proof of relationships of eligible
family members;
(E) applying for any waivers for which applicants
and qualifying family members may be eligible; and
(F) any other assistance that the Secretary or
grantee considers useful to aliens who are interested
in applying for registered provisional immigrant
status;
(2) to aliens seeking to adjust their status under
section2211 or 2212 of this Act or section 245, 245B, or 245C
of the Immigration and Nationality Act;
(3) to legal permanent residents seeking to become
naturalized United States citizens; and
(4) to applicants on--
(A) the rights and responsibilities of United
States citizenship;
(B) civics-based English as a second language;
(C) civics, with a special emphasis on common
values and traditions of Americans, including an
understanding of the history of the United States and
the principles of the Constitution; and
(D) applying for United States citizenship.
SEC. 2538. PILOT PROGRAM TO PROMOTE IMMIGRANT INTEGRATION AT STATE AND
LOCAL LEVELS.
(a) Grants Authorized.--The Chief shall establish a pilot program
through which the Chief may award grants, on a competitive basis, to
States and local governments or other qualifying entities, in
collaboration with State and local governments --
(1) to establish New Immigrant Councils to carry out
programs to integrate new immigrants; or
(2) to carry out programs to integrate new immigrants.
(b) Application.--A State or local government desiring a grant
under this section shall submit an application to the Chief at such
time, in such manner, and containing such information as the Chief may
reasonably require, including--
(1) a proposal to meet an objective or combination of
objectives set forth in subsection (d)(3);
(2) the number of new immigrants in the applicant's
jurisdiction; and
(3) a description of the challenges in introducing and
integrating new immigrants into the State or local community.
(c) Priority.--In awarding grants under this section, the Chief
shall give priority to States and local governments or other qualifying
entities that--
(1) use matching funds from non-Federal sources, which may
include in-kind contributions;
(2) demonstrate collaboration with public and private
entities to achieve the goals of the comprehensive plan
developed pursuant to subsection (d)(3);
(3) are 1 of the 10 States with the highest rate of
foreign-born residents; or
(4) have experienced a large increase in the population of
immigrants during the most recent 10-year period relative to
past migration patterns, based on data compiled by the Office
of Immigration Statistics or the United States Census Bureau.
(d) Authorized Activities.--A grant awarded under this subsection
may be used--
(1) to form a New Immigrant Council, which shall--
(A) consist of between 15 and 19 individuals,
inclusive, from the State, local government, or
qualifying organization;
(B) include, to the extent practicable,
representatives from--
(i) business;
(ii) faith-based organizations;
(iii) civic organizations;
(iv) philanthropic organizations;
(v) nonprofit organizations, including
those with experience working with immigrant
communities;
(vi) key education stakeholders, such as
State educational agencies, local educational
agencies, community colleges, and teachers;
(vii) State adult education offices;
(viii) State or local public libraries; and
(ix) State or local governments; and
(C) meet not less frequently than once each
quarter;
(2) to provide subgrants to local communities, city
governments, municipalities, nonprofit organizations (including
veterans' and patriotic organizations) or other qualifying
entities;
(3) to develop, implement, expand, or enhance a
comprehensive plan to introduce and integrate new immigrants
into the State by--
(A) improving English language skills;
(B) engaging caretakers with limited English
proficiency in their child's education through
interactive parent and child literacy activities;
(C) improving and expanding access to workforce
training programs;
(D) teaching United States history, civics
education, citizenship rights, and responsibilities;
(E) promoting an understanding of the form of
government and history of the United States and the
principles of the Constitution;
(F) improving financial literacy; and
(G) focusing on other key areas of importance to
integration in our society; and
(4) to engage receiving communities in the citizenship and
civic integration process by--
(A) increasing local service capacity;
(B) building meaningful connections between newer
immigrants and long-time residents;
(C) communicating the contributions of receiving
communities and new immigrants; and
(D) engaging leaders from all sectors of the
community.
(e) Reporting and Evaluation.--
(1) Annual report.--Each grant recipient shall submit an
annual report to the Office that describes--
(A) the activities undertaken by the grant
recipient, including how such activities meet the goals
of the Office, the Foundation, and the comprehensive
plan described in subsection (d)(3);
(B) the geographic areas being served;
(C) the number of immigrants in such areas; and
(D) the primary languages spoken in such areas.
(2) Annual evaluation.--The Chief shall conduct an annual
evaluation of the grant program established under this
section--
(A) to assess and improve the effectiveness of such
grant program;
(B) to assess the future needs of immigrants and of
State and local governments related to immigrants; and
(C) to ensure that grantees recipients and
subgrantees are acting within the scope and purpose of
this subchapter.
SEC. 2539. NATURALIZATION CEREMONIES.
(a) In General.--The Chief, in consultation with the Director of
the National Park Service, the Archivist of the United States, and
other appropriate Federal officials, shall develop and implement a
strategy to enhance the public awareness of naturalization ceremonies.
(b) Venues.--In developing the strategy under subsection (a), the
Secretary shall consider the use of outstanding and historic locations
as venues for select naturalization ceremonies.
(c) Reporting Requirement.--The Secretary shall annually submit a
report to Congress that contains--
(1) the content of the strategy developed under subsection
(a); and
(2) the progress made towards the implementation of such
strategy.
CHAPTER 3--FUNDING
SEC. 2541. AUTHORIZATION OF APPROPRIATIONS.
(a) Office of Citizenship and New Americans.--In addition to any
amounts otherwise made available to the Office, there are authorized to
be appropriated to carry out the functions described in section
451(f)(2) of the Homeland Security Act of 2002 (6 U.S.C. 271(f)(2)), as
amended by section 2511(b)--
(1) $10,000,000 for the 5-year period ending on September
30, 2018; and
(2) such sums as may be necessary for fiscal year 2019 and
subsequent fiscal years.
(b) Grant Programs.--There are authorized to be appropriated to
implement the grant programs authorized under sections 2537 and 2538,
and to implement the strategy under section 2539--
(1) $100,000,000 for the 5-year period ending on September
30, 2018; and
(2) such sums as may be necessary for fiscal year 2019 and
subsequent fiscal years.
CHAPTER 4--REDUCE BARRIERS TO NATURALIZATION
SEC. 2551. WAIVER OF ENGLISH REQUIREMENT FOR SENIOR NEW AMERICANS.
Section 312 (8 U.S.C. 1423) is amended by striking subsection (b)
and inserting the following:
``(b) The requirements under subsection (a) shall not apply to any
person who--
``(1) is unable to comply with such requirements because of
physical or developmental disability or mental impairment; or
``(2) on the date on which the person's application for
naturalization is filed under section 334--
``(A) is older than 65 years of age; and
``(B) has been living in the United States for
periods totaling at least 5 years after being lawfully
admitted for permanent residence.
``(c) The requirement under subsection (a)(1) shall not apply to
any person who, on the date on which the person's application for
naturalization is filed under section 334--
``(1) is older than 50 years of age and has been living in
the United States for periods totaling at least 20 years after
being lawfully admitted for permanent residence;
``(2) is older than 55 years of age and has been living in
the United States for periods totaling at least 15 years after
being lawfully admitted for permanent residence; or
``(3) is older than 60 years of age and has been living in
the United States for periods totaling at least 10 years after
being lawfully admitted for permanent residence.
``(d) The Secretary of Homeland Security may waive, on a case-by-
case basis, the requirement under subsection (a)(2) on behalf of any
person who, on the date on which the person's application for
naturalization is filed under section 334--
``(1) is older than 60 years of age; and
``(2) has been living in the United States for periods
totaling at least 10 years after being lawfully admitted for
permanent residence.''.
SEC. 2552. FILING OF APPLICATIONS NOT REQUIRING REGULAR INTERNET
ACCESS.
(a) Electronic Filing Not Required.--
(1) In general.--The Secretary may not require that an
applicant or petitioner for permanent residence or citizenship
of the United States use an electronic method to file any
application, or access to a customer account.
(2) Sunset date.--This subsection shall cease to be
effective on October 1, 2020.
(b) Notification Requirement.--Beginning on October 1, 2020, the
Secretary may not require that an applicant or petitioner for permanent
residence or citizenship of the United States use an electronic method
to file any application, or access to a customer account unless the
Secretary notifies the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of the
House of Representatives of such requirement not later than 30 days
before the effective date of such requirement.
TITLE III--INTERIOR ENFORCEMENT
Subtitle A--Employment Verification System
SEC. 3101. UNLAWFUL EMPLOYMENT OF UNAUTHORIZED ALIENS.
(a) In General.--Section 274A (8 U.S.C. 1324a) is amended to read
as follows:
``SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS.
``(a) Making Employment of Unauthorized Aliens Unlawful.--
``(1) In general.--It is unlawful for an employer--
``(A) to hire, recruit, or refer for a fee an alien
for employment in the United States knowing that the
alien is an unauthorized alien with respect to such
employment; or
``(B) to hire, recruit, or refer for a fee for
employment in the United States an individual without
complying with the requirements under subsections (c)
and (d).
``(2) Continuing employment.--
``(A) Prohibition on continued employment of
unauthorized aliens.--It is unlawful for an employer,
after hiring an alien for employment, to continue to
employ the alien in the United States knowing that the
alien is (or has become) an unauthorized alien with
respect to such employment.
``(B) Prohibition on consideration of previous
unauthorized status.--Nothing in this section may be
construed to prohibit the employment of an individual
who is authorized for employment in the United States
if such individual was previously an unauthorized
alien.
``(3) Use of labor through contract.--For purposes of this
section, any employer that uses a contract, subcontract, or
exchange to obtain the labor of an alien in the United States
while knowing that the alien is an unauthorized alien with
respect to performing such labor shall be considered to have
hired the alien for employment in the United States in
violation of paragraph (1)(A).
``(4) Use of state employment agency documentation.--For
purposes of paragraphs (1)(B), (5), and (6), an employer shall
be deemed to have complied with the requirements under
subsection (c) with respect to the hiring of an individual who
was referred for such employment by a State employment agency
(as defined by the Secretary) if the employer has and retains
(for the period and in the manner described in subsection
(c)(3)) appropriate documentation of such referral by such
agency, certifying that such agency has complied with the
procedures described in subsection (c) with respect to the
individual's referral. An employer that relies on a State
agency's certification of compliance with subsection (c) under
this paragraph may utilize and retain the State agency's
certification of compliance with the procedures described in
subsection (d), if any, in the manner provided under this
paragraph.
``(5) Good faith defense.--
``(A) Defense.--An employer, person, or entity that
hires, employs, recruits, or refers individuals for
employment in the United States, or is otherwise
obligated to comply with the requirements under this
section and establishes good faith compliance with the
requirements under paragraphs (1) through (4) of
subsection (c) and subsection (d)--
``(i) has established an affirmative
defense that the employer, person, or entity
has not violated paragraph (1)(A) with respect
to hiring and employing; and
``(ii) has established compliance with its
obligations under subparagraph (A) and (B) of
paragraph (1) and subsection (c) unless the
Secretary demonstrates that the employer had
knowledge that an individuals hired, employed,
recruited, or referred by the employer, person,
or entity is an authorized alien.
``(B) Failure to obtain verification.--An employer
that has made the inquiry under subsection (d) with
respect to an individual, but has not received an
appropriate verification of the identity and work
eligibility of such individual from the System within
the time period specified in subsection (d)(4)(C) may
retain the defense under subparagraph (A) if the
employer timely records in the System the reasons the
employer continues to employ the individual.
``(C) Exception for certain employers.--An employer
who is not required to participate in the System or who
is participating in the System on a voluntary basis
pursuant to subsection (d)(2)(I) has established an
affirmative defense under subparagraph (A) and need not
demonstrate compliance with the requirements under
subsection (d).
``(6) Good faith compliance.--
``(A) In general.--Except as otherwise provided in
this subsection, an employer, person, or entity is
considered to have complied with a requirement under
this subsection notwithstanding a technical or
procedural failure to meet such requirement if there
was a good faith attempt to comply with the
requirement.
``(B) Exception if failure to correct after
notice.--Subparagraph (A) shall not apply if--
``(i) the failure is not de minimis;
``(ii) the Secretary of Homeland Security
has explained to the employer, person, or
entity the basis for the failure and why it is
not de minimis;
``(iii) the employer, person, or entity has
been provided a period of not less than 30 days
(beginning after the date of the explanation)
to correct the failure; and
``(iv) the employer, person, or entity has
not corrected the failure voluntarily within
such period.
``(C) Exception for pattern or practice
violators.--Subparagraph (A) shall not apply to an
employer, person, or entity that has engaged or is
engaging in a pattern or practice of violations of
paragraph (1)(A) or (2).
``(7) Presumption.--After the date on which an employer is
required to participate in the System under subsection (d), the
employer is presumed to have acted with knowledge for purposes
of paragraph (1)(A) if the employer hires, employs, recruits,
or refers an employee and fails to make an inquiry to verify
the employment authorization status of the employee through the
System.
``(8) Continued application of workforce and labor
protection remedies despite unauthorized employment.--An
employer may not deny an employee back pay or any other remedy
provided under any Federal, State, or local law relating to
workplace rights, and a court may not prohibit an employee from
pursuing other causes of action giving rise to liability,
except any reinstatement remedy prohibited by Federal law, on
account of the employee's status as an unauthorized alien,
either during or after the period of employment by the
employer.
``(9) Availability of reinstatement and relief.--
Reinstatement and all other appropriate relief shall be
available to individuals who--
``(A) are lawfully present in the United States at
the time such relief is requested; and
``(B) lost employment authorized status due to the
unlawful acts of the employer and for whom
reinstatement would restore such status.
``(b) Definitions.--In this section:
``(1) Commissioner.--The term `Commissioner' means the
Commissioner of Social Security.
``(2) Department.--Except as otherwise provided, the term
`Department' means the Department of Homeland Security.
``(3) Employer.--The term `employer' means any person or
entity, including an agency or department of a Federal, State,
or local government, an agent, or a System service provider,
that hires, employs, recruits, or refers for a fee an
individual for employment in the United States that is not
casual, sporadic, irregular, or intermittent (as defined by the
Secretary).
``(4) Employment authorized status.--The term `employment
authorized status' means, with respect to an individual, that
the individual is authorized to be employed in the United
States under the immigration laws of the United States.
``(5) Secretary.--Except as otherwise specifically
provided, the term `Secretary' means the Secretary of Homeland
Security.
``(6) System.--The term `System' means the Employment
Verification System established under subsection (d).
``(7) Unauthorized alien.--The term `unauthorized alien'
means an alien who, with respect to employment in the United
States at a particular time--
``(A) is not lawfully admitted for permanent
residence; or
``(B) is not authorized to be employed under this
Act or by the Secretary.
``(8) Workplace rights.--The term `workplace rights' means
rights guaranteed under Federal, State, or local labor or
employment laws, including laws concerning wages and hours,
benefits and employment standards, labor relations, workplace
health and safety, work-related injuries, nondiscrimination,
and retaliation for exercising rights under such laws.
``(c) Document Verification Requirements.--Any employer hiring an
individual for employment in the United States shall comply with the
following requirements and the requirements under subsection (d) to
verify that the individual has employment authorized status:
``(1) Attestation after examination of documentation.--
``(A) In general.--
``(i) Examination by employer.--An employer
shall attest, under penalty of perjury on a
form prescribed by the Secretary, that the
employer has verified the identity and
employment authorization status of the
individual--
``(I) by examining--
``(aa) a document specified
in subparagraph (C); or
``(bb) a document specified
in subparagraph (D) and a
document specified in
subparagraph (E); and
``(II) by utilizing an identity
authentication mechanism described in
clause (iii) or (iv) of subparagraph
(F).
``(ii) Publication of documents.--The
Secretary shall publish a picture of each
document specified in subparagraphs (C) and (E)
on the U.S. Citizenship and Immigration
Services' website.
``(B) Requirements.--
``(i) Form.--The form referred to in
subparagraph (A)(i)--
``(I) shall be prescribed by the
Secretary not later than 6 months after
the date of the enactment of the Border
Security, Economic Opportunity, and
Immigration Modernization Act;
``(II) shall be available as--
``(aa) a paper form;
``(bb) a form that may be
completed by an employer via
telephone;
``(cc) an electronic form;
or
``(dd) a form that is
integrated electronically with
the requirements under
subsection (d).
``(ii) Attestation.--Each such form shall
require the employer to sign an attestation
with a handwritten, electronic, or digital pin
code signature, according to standards
prescribed by the Secretary.
``(iii) Compliance.--An employer has
complied with the requirements under this
paragraph with respect to examination of the
documents included in subclauses (I) and (II)
of subparagraph (A)(i) if--
``(I) the employer has, in good
faith, followed applicable regulations
and any written procedures or
instructions provided by the Secretary;
and
``(II) a reasonable person would
conclude that the documentation is
genuine and relates to the individual
presenting such documentation.
``(C) Documents establishing identity and
employment authorized status.--A document is specified
in this subparagraph if the document is unexpired
(unless the validity of the document is extended by
law) and is 1 of the following:
``(i) A United States passport or passport
card issued to an individual pursuant to the
Secretary of State's authority under the Act
entitled `An Act to regulate the issue and
validity of passports, and for other purposes',
approved July 3, 1926 (22 U.S.C. 211a).
``(ii) A document issued to an alien
evidencing that the alien is lawfully admitted
for permanent residence or another document
issued to an individual evidencing the
individual's employment authorized status, as
designated by the Secretary, if the document--
``(I) contains a photograph of the
individual, or such other personal
identifying information relating to the
individual as the Secretary determines,
by regulation, to be sufficient for the
purposes of this subparagraph;
``(II) is evidence of employment
authorized status; and
``(III) contains security features
to make the document resistant to
tampering, counterfeiting, and
fraudulent use.
``(iii) An enhanced driver's license or
identification card issued to a national of the
United States by a State or a federally
recognized Indian tribe that--
``(I) meets the requirements under
section 202 of the REAL ID Act of 2005
(division B of Public Law 109-13; 49
U.S.C. 30301 note); and
``(II) the Secretary has certified
by notice published in the Federal
Register and through appropriate notice
directly to employers registered in the
System 3 months prior to publication
that such enhanced license or card is
suitable for use under this
subparagraph based upon the accuracy
and security of the issuance process,
security features on the document, and
such other factors as the Secretary may
prescribe.
``(iv) A passport issued by the appropriate
authority of a foreign country accompanied by a
Form I-94 or Form I-94A (or similar successor
form), or other documentation as designated by
the Secretary that specifies the individual's
status in the United States and the duration of
such status if the proposed employment is not
in conflict with any restriction or limitation
specified on such form or documentation.
``(v) A passport issued by the Federated
States of Micronesia or the Republic of the
Marshall Islands with evidence of nonimmigrant
admission to the United States under the
Compact of Free Association between the United
States and the Federated States of Micronesia
or the Republic of the Marshall Islands.
``(D) Documents establishing identity of
individual.--A document is specified in this
subparagraph if the document is unexpired (unless the
validity of the document is extended by law) and is 1
of the following:
``(i) A driver's license or identity card
that is not described in subparagraph (C)(iii)
and is issued to an individual by a State or an
outlying possession of the United States, a
federally recognized Indian tribe, or an agency
(including military) of the Federal Government
if the driver's license or identity card
includes, at a minimum--
``(I) the individual's photograph,
name, date of birth, gender, and
driver's license or identification card
number, and
``(II) security features to make
the license or card resistant to
tampering, counterfeiting, and
fraudulent use.
``(ii) A voter registration card.
``(iii) A document that complies with the
requirements under section 7209(b)(1) of the
Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458; 8 U.S.C. 1185
note).
``(iv) For individuals under 18 years of
age who are unable to present a document listed
in clause (i) or (ii), documentation of
personal identity of such other type as the
Secretary determines will provide a reliable
means of identification, which may include an
attestation as to the individual's identity by
a person 21 years of age or older under penalty
of perjury.
``(E) Documents evidencing employment
authorization.--A document is specified in this
subparagraph if the document is unexpired (unless the
validity of the document is extended by law) and is 1
of the following:
``(i) A social security account number card
issued by the Commissioner, other than a card
which specifies on its face that the card is
not valid to evidence employment authorized
status or has other similar words of
limitation.
``(ii) Any other documentation evidencing
employment authorized status that the Secretary
determines and publishes in the Federal
Register and through appropriate notice
directly to employers registered within the
System to be acceptable for purposes of this
subparagraph if such documentation, including
any electronic security measures linked to such
documentation, contains security features to
make such documentation resistant to tampering,
counterfeiting, and fraudulent use.
``(F) Identity authentication mechanism.--
``(i) Definitions.--In this subparagraph:
``(I) Covered identity document.--
The term `covered identity document'
means a valid--
``(aa) United States
passport, passport card, or a
document evidencing lawful
permanent residence status or
employment authorized status
issued to an alien;
``(bb) enhanced driver's
license or identity card issued
by a participating State; or
``(cc) photograph and
appropriate identifying
information provided by the
Secretary of State pursuant to
the granting of a visa.
``(II) Participating state.--The
term `participating State' means a
State that has an agreement with the
Secretary to provide the Secretary, for
purposes of identity verification in
the System, with photographs and
appropriate identifying information
maintained by the State.
``(ii) Requirement for identity
authentication.--In addition to verifying the
documents specified in subparagraph (C), (D),
or (E) and utilizing the System under
subsection (d), each employer shall use an
identity authentication mechanism described in
clause (iii) or provided in clause (iv) after
it becomes available to verify the identity of
each individual the employer seeks to hire.
``(iii) Photo tool.--
``(I) Use requirement.--An employer
seeking to hire an individual who has a
covered identity document shall verify
the identity of such individual using
the photo tool described in subclause
(II).
``(II) Development requirement.--
The Secretary shall develop and
maintain a photo tool that enables
employers to match the photo on a
covered identity document provided to
the employer to a photo maintained by a
U.S. Citizenship and Immigration
Services database.
``(iv) Additional security measures.--
``(I) Use requirement.--An employer
seeking to hire an individual whose
identity may not be verified using the
photo tool described in clause (iii)
shall verify the identity of such
individual using the additional
security measures described in
subclause (II).
``(II) Development requirement.--
The Secretary shall develop, after
publication in the Federal Register and
an opportunity for public comment,
specific and effective additional
security measures to adequately verify
the identity of an individual whose
identity may not be verified using the
photo tool described in clause (iii).
Such additional security measures--
``(aa) shall be kept up-to-
date with technological
advances; and
``(bb) shall provide a
means of identity
authentication in a manner that
provides a high level of
certainty as to the identity of
such individual, using
immigration and identifying
information that may include
review of identity documents or
background screening
verification techniques using
publicly available information.
``(G) Authority to prohibit use of certain
documents.--If the Secretary determines, after
publication in the Federal Register and an opportunity
for public commit, that any document or class of
documents specified in subparagraph (B), (C), or (D)
does not reliably establish identity or that employment
authorized status is being used fraudulently to an
unacceptable degree, the Secretary--
``(i) may prohibit or restrict the use of
such document or class of documents for
purposes of this subsection; and
``(ii) shall directly notify all employers
registered within the System of the prohibition
through appropriate means.
``(H) Authority to allow use of certain
documents.--If the Secretary has determined that
another document or class of documents, such as a
document issued by a federally recognized Indian tribe,
may be used to reliably establish identity or
employment authorized status, the Secretary--
``(i) may allow the use of that document or
class of documents for purposes of this
subsection after publication in the Federal
Register and an opportunity for public comment;
``(ii) shall publish a description of any
such document or class of documents on the U.S.
Citizenship and Immigration Services' website;
and
``(iii) shall directly notify all employers
registered within the System of the prohibition
through appropriate means.
``(2) Individual attestation of employment authorization.--
An individual, upon commencing employment with an employer,
shall--
``(A) attest, under penalty of perjury, on the form
prescribed by the Secretary, that the individual is--
``(i) a national of the United States;
``(ii) an alien lawfully admitted for
permanent residence;
``(iii) an alien who has employment
authorized status; or
``(iv) otherwise authorized by the
Secretary to be hired for such employment;
``(B) provide such attestation by a handwritten,
electronic, or digital pin code signature; and
``(C) provide the individual's social security
account number to the Secretary, unless the individual
has not yet been issued such a number, on such form as
the Secretary may require.
``(3) Retention of verification record.--
``(A) In general.--After completing a form for an
individual in accordance with paragraphs (1) and (2),
the employer shall retain a version of such completed
form and make such form available for inspection by the
Secretary or the Office of Special Counsel for
Immigration-Related Unfair Employment Practices of the
Department of Justice during the period beginning on
the hiring date of the individual and ending on the
later of--
``(i) the date that is 3 years after such
hiring date; or
``(ii) the date that is 1 year after the
date on which the individual's employment with
the employer is terminated.
``(B) Requirement for electronic retention.--The
Secretary--
``(i) shall permit an employer to retain
the form described in subparagraph (A) in
electronic form; and
``(ii) may permit an employer to retain
such form in paper, microfiche, microfilm, or
other media.
``(4) Copying of documentation and recordkeeping.--The
Secretary may promulgate regulations regarding--
``(A) copying documents and related information
pertaining to employment verification presented by an
individual under this subsection; and
``(B) retaining such information during a period
not to exceed the required retention period set forth
in paragraph (3).
``(5) Penalties.--An employer that fails to comply with any
requirement under this subsection may be penalized under
subsection (e)(4)(B).
``(6) Protection of civil rights.--
``(A) In general.--Nothing in this section may be
construed to diminish any rights otherwise protected by
Federal law.
``(B) Prohibition on discrimination.--An employer
shall use the procedures for document verification set
forth in this paragraph for all employees without
regard to race, color, religion, sex, national origin,
or, unless specifically permitted in this section, to
citizenship status.
``(7) Receipts.--The Secretary may authorize the use of
receipts for replacement documents, and temporary evidence of
employment authorization by an individual to meet a
documentation requirement under this subsection on a temporary
basis not to exceed 1 year, after which time the individual
shall provide documentation sufficient to satisfy the
documentation requirements under this subsection.
``(8) No authorization of national identification cards.--
Nothing in this section may be construed to directly or
indirectly authorize the issuance, use, or establishment of a
national identification card.
``(d) Employment Verification System.--
``(1) In general.--
``(A) Establishment.--The Secretary, in
consultation with the Commissioner, shall establish the
Employment Verification System.
``(B) Monitoring.--The Secretary shall create the
necessary processes to monitor--
``(i) the functioning of the System,
including the volume of the workflow, the speed
of processing of queries, the speed and
accuracy of responses;
``(ii) the misuse of the System, including
the prevention of fraud or identity theft;
``(iii) whether the use of the System
results in wrongful adverse actions or
discrimination based upon a prohibited factor
against nationals of the United States or
individuals who have employment authorized
status; and
``(iv) the security, integrity, and privacy
of the System.
``(C) Procedures.--The Secretary--
``(i) shall create processes to provide an
individual with direct access to the
individual's case history in the System,
including--
``(I) the identities of all persons
or entities that have queried the
individual through the System;
``(II) the date of each such query;
and
``(III) the System response for
each such query; and
``(ii) in consultation with the
Commissioner, may develop--
``(I) protocols to notify an
individual, in a timely manner through
the use of electronic correspondence or
mail, that a query for the individual
has been processed through the System;
or
``(II) a process for the individual
to submit additional queries to the
System or notify the Secretary of
potential identity fraud.
``(2) Participation requirements.--
``(A) Federal government.--Except as provided in
clause (ii), all agencies and departments in the
executive, legislative, or judicial branches of the
Federal Government shall participate in the System
beginning on the earlier of--
``(i) the date of the enactment of the
Border Security, Economic Opportunity, and
Immigration Modernization Act, to the extent
required under section 402(e)(1) of the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996 (division C of Public Law 104-208;
8 U.S.C. 1324a) and as already implemented by
each agency or department; or
``(ii) the date that is 90 days after the
date of the enactment of the Border Security,
Economic Opportunity, and Immigration
Modernization Act.
``(B) Federal contractors.--Federal contractors
shall participate in the System as provided in the
final rule relating to employment eligibility
verification published in the Federal Register on
November 14, 2008 (73 Fed. Reg. 67,651), or any similar
subsequent regulation, for which purpose references to
E-Verify in the final rule shall be construed to apply
to the System.
``(C) Critical infrastructure.--
``(i) In general.--Beginning on the date
that is 1 year after the date on which
regulations are published implementing this
subsection, the Secretary may authorize or
direct any employer, person, or entity
responsible for granting access to, protecting,
securing, operating, administering, or
regulating part of the critical infrastructure
(as defined in section 1016(e) of the Critical
Infrastructure Protection Act of 2001 (42
U.S.C. 5195c(e))) to participate in the System
to the extent the Secretary determines that
such participation will assist in the
protection of the critical infrastructure.
``(ii) Notification to employers.--The
Secretary shall notify an employer required to
participate in the System under this
subparagraph not later than 90 days before the
date on which the employer is required to
participate.
``(D) Employers with more than 5,000 employees.--
Not later than 2 years after regulations are published
implementing this subsection, all employers with more
than 5,000 employees shall participate in the System
with respect to all newly hired employees and employees
with expiring temporary employment authorization
documents.
``(E) Employers with more than 500 employees.--Not
later than 3 years after regulations are published
implementing this subsection, all employers with more
than 500 employees shall participate in the System with
respect to all newly hired employees and employees with
expiring temporary employment authorization documents.
``(F) Agricultural labor or services.--With respect
to an employee performing agricultural labor or
services (as defined for purposes of section
101(a)(15)(H)(ii)(a)), this paragraph shall not apply
with respect to the verification of the employee until
the date that is 4 years after the date of the
enactment of the Legal Workforce Act. An employee
described in this clause shall not be counted for
purposes of subparagraph (D) or (E).
``(G) All employers.--Except as provided in
subparagraph (I), not later than 4 years after
regulations are published implementing this subsection,
all employers shall participate in the System with
respect to all newly hired employees and employees with
expiring temporary employment authorization documents.
``(H) Tribal government employers.--
``(i) Rulemaking.--In developing
regulations to implement this subsection, the
Secretary shall--
``(I) consider the effects of this
section on federally recognized Indian
tribes and tribal members; and
``(II) consult with the governments
of federally recognized Indian tribes.
``(ii) Required participation.--Not later
than 5 years after regulations are published
implementing this subsection, all employers
owned by, or entities of, the government of a
federally recognized Indian tribe shall
participate in the System with respect to all
newly hired employees with expiring temporary
employment authorization documents.
``(I) Immigration law violators.--
``(i) Orders finding violations.--An order
finding any employer to have violated this
section or section 274C may, in the Secretary's
discretion, require the employer to participate
in the System with respect to newly hired
employees and employees with expiring temporary
employment authorization documents, if such
employer is not otherwise required to
participate in the System under this section.
The Secretary shall monitor such employer's
compliance with System procedures.
``(ii) Pattern or practice of violations.--
The Secretary may require an employer that is
required to participate in the System with
respect to newly hired employees to participate
in the System with respect to the employer's
current employees if the employer is determined
by the Secretary or other appropriate authority
to have engaged in a pattern or practice of
violations of the immigration laws of the
United States.
``(J) Voluntary participation.--The Secretary may
permit any employer that is not required to participate
in the System under this section to do so on a
voluntary basis.
``(3) Consequence of failure to participate.--
``(A) In general.--Except as provided in
subparagraph (B), the failure, other than a de minimis
or inadvertent failure, of an employer that is required
to participate in the System to comply with the
requirements of the System with respect to an
individual--
``(i) shall be treated as a violation of
subsection (a)(1)(B) with respect to that
individual; and
``(ii) creates a rebuttable presumption
that the employer has violated paragraph (1)(A)
or (2) of subsection (a).
``(B) Exception.--
``(i) In general.--Subparagraph (A) shall
not apply in a criminal prosecution.
``(ii) Use as evidence.--Nothing in this
paragraph may be construed to limit the use in
the prosecution of a Federal crime, in a manner
otherwise consistent with Federal criminal law
and procedure, of evidence relating to the
employer's failure to comply with requirements
of the System.
``(4) Procedures for participants in the system.--
``(A) In general.--An employer participating in the
System shall register such participation with the
Secretary and, when hiring any individual for
employment in the United States, shall comply with the
following:
``(i) Registration of employers.--The
Secretary, through notice in the Federal
Register, shall prescribe procedures that
employers shall be required to follow to
register with the System.
``(ii) Updating information.--The employer
is responsible for providing notice of any
change to the information required under
subclauses (I), (II), and (III) of clause (v)
before conducting any further inquiries within
the System, or on such other schedule as the
Secretary may prescribe.
``(iii) Training.--The Secretary shall
require employers to undergo such training as
the Secretary determines to be necessary to
ensure proper use, protection of civil rights
and civil liberties, privacy, integrity, and
security of the System. To the extent
practicable, such training shall be made
available electronically on the U.S.
Citizenship and Immigration Services' website.
``(iv) Notification to employees.--The
employer shall inform individuals hired for
employment that the System--
``(I) will be used by the employer;
``(II) may be used for immigration
enforcement purposes; and
``(III) may not be used to
discriminate or to take adverse action
against a national of the United States
or an alien who has employment
authorized status.
``(v) Provision of additional
information.--The employer shall obtain from
the individual (and the individual shall
provide) and shall record in such manner as the
Secretary may specify--
``(I) the individual's social
security account number;
``(II) if the individual does not
attest to United States citizenship or
noncitizen nationality under subsection
(c)(2), such identification or
authorization number established by the
Department as the Secretary shall
specify; and
``(III) such other information as
the Secretary may require to determine
the identity and employment
authorization of an individual.
``(vi) Presentation of documentation.--The
employer, and the individual whose identity and
employment authorized status are being
confirmed, shall fulfill the requirements under
subsection (c).
``(B) Seeking confirmation.--
``(i) In general.--An employer shall use
the System to confirm the identity and
employment authorized status of any individual
during--
``(I) the period beginning on the
date on which the individual accepts an
offer of employment and ending 3
business days after the date on which
employment begins; or
``(II) such other reasonable period
as the Secretary may prescribe.
``(ii) Limitation.--An employer may not
make the starting date of an individual's
employment or training or any other term and
condition of employment dependent on the
receipt of a confirmation of identity and
employment authorized status by the System.
``(iii) Reverification.--If an individual
has a limited period of employment authorized
status, the individual's employer shall
reverify such status through the System not
later than 3 business days after the last day
of such period.
``(iv) Other employment.--For employers
directed by the Secretary to participate in the
System under paragraph (2)(C)(i) to protect
critical infrastructure or otherwise specified
circumstances in this section to verify their
entire workforce, the System may be used for
initial verification of an individual who was
hired before the employer became subject to the
System, and the employer shall initiate all
required procedures on or before such date as
the Secretary shall specify.
``(v) Notification.--
``(I) In general.--The Secretary
shall provide, and the employer shall
utilize, as part of the System, a
method of notifying employers of a
confirmation or nonconfirmation of an
individual's identity and employment
authorized status, or a notice that
further action is required to verify
such identity or employment eligibility
(referred to in this subsection as a
`further action notice').
``(II) Procedures.--The Secretary
shall establish procedures--
``(aa) to directly notify
the individual and the employer
of a confirmation,
nonconfirmation, or further
action notice; and
``(bb) to provide
information about filing an
administrative appeal under
paragraph (6) and a hearing
before an administrative law
judge under paragraph (7).
``(III) Implementation.--The
Secretary may provide for a phased-in
implementation of the notification
requirements under this clause, as
appropriate. The notification system
shall cover all inquiries not later
than 1 year from the date of the
enactment of the Border Security,
Economic Opportunity, and Immigration
Modernization Act.
``(C) Confirmation or nonconfirmation.--
``(i) Initial response.--
``(I) In general.--Except as
provided in subclause (II), the System
shall provide--
``(aa) a confirmation of an
individual's identity and
employment authorized status or
a further action notice at the
time of the inquiry; and
``(bb) an appropriate code
indicating such confirmation or
such further action notice.
``(II) Alternative deadline.--If
the System is unable to provide
immediate confirmation or further
action notice for technological reasons
or due to unforeseen circumstances, the
System shall provide a confirmation or
further action notice not later than 3
business days after the initial
inquiry.
``(ii) Confirmation upon initial inquiry.--
If the employer receives an appropriate
confirmation of an individual's identity and
employment authorized status under the System,
the employer shall record the confirmation in
such manner as the Secretary may specify.
``(iii) Further action notice and later
confirmation or nonconfirmation.--
``(I) Notification and
acknowledgment that further action is
required.--Not later than 3 business
days after an employer receives a
further action notice of an
individual's identity or employment
eligibility under the System, or during
such other reasonable time as the
Secretary may prescribe, the employer
shall notify the individual for whom
the confirmation is sought of the
further action notice and any
procedures specified by the Secretary
for addressing such notice. The further
action notice shall be given to the
individual in writing and the employer
shall acknowledge in the System under
penalty of perjury that it provided the
employee with the further action
notice. The individual shall
affirmatively acknowledge in writing,
or in such other manner as the
Secretary may specify, the receipt of
the further action notice from the
employer. If the individual refuses to
acknowledge the receipt of the further
action notice, or acknowledges in
writing that the individual will not
contest the further action notice under
subclause (II), the employer shall
notify the Secretary in such manner as
the Secretary may specify.
``(II) Contest.--Not later than 10
business days after receiving
notification of a further action notice
under subclause (I), the individual
shall contact the appropriate Federal
agency and, if the Secretary so
requires, appear in person for purposes
of verifying the individual's identity
and employment eligibility. The
Secretary, in consultation with the
Commissioner and other appropriate
Federal agencies, shall specify an
available secondary verification
procedure to confirm the validity of
information provided and to provide a
confirmation or nonconfirmation. Any
procedures for reexamination shall not
limit in any way an employee's right to
appeal a nonconfirmation.
``(III) No contest.--If the
individual refuses to acknowledge
receipt of the further action notice,
acknowledges that the individual will
not contest the further action notice
as provided in subclause (I), or does
not contact the appropriate Federal
agency within the period specified in
subclause (II), following expiration of
the period specified in subclause (II),
a nonconfirmation shall be issued. The
employer shall record the
nonconfirmation in such manner as the
Secretary may specify and terminate the
individual's employment. An
individual's failure to contest a
further action notice shall not be
considered an admission of guilt with
respect to any violation of this
section or any provision of law.
``(IV) Confirmation or
nonconfirmation.--Unless the period is
extended in accordance with this
subclause, the System shall provide a
confirmation or nonconfirmation not
later than 10 business days after the
date on which the individual contests
the further action notice under
subclause (II). If the Secretary
determines that good cause exists,
after taking into account adverse
impacts to the employer, and including
time to permit the individual to obtain
and provide needed evidence of identity
or employment eligibility, the
Secretary shall extend the period for
providing confirmation or
nonconfirmation for stated periods
beyond 10 business days. When
confirmation or nonconfirmation is
provided, the confirmation system shall
provide an appropriate code indicating
such confirmation or nonconfirmation.
``(V) Reexamination.--Nothing in
this section shall prevent the
Secretary from establishing procedures
to reexamine a case where a
confirmation or nonconfirmation has
been provided if subsequently received
information indicates that the
confirmation or nonconfirmation may not
have been correct. Any procedures for
reexamination shall not limit in any
way an employee's right to appeal a
nonconfirmation.
``(VI) Employee protections.--An
employer may not terminate employment
or take any other adverse action
against an individual solely because of
a failure of the individual to have
identity and employment eligibility
confirmed under this subsection until--
``(aa) a nonconfirmation
has been issued;
``(bb) if the further
action notice was contested,
the period to timely file an
administrative appeal has
expired without an appeal; or
``(cc) if an administrative
appeal has been filed, the
nonconfirmation has been
upheld.
``(iv) Notice of nonconfirmation.--Not
later than 3 business days after an employer
receives a nonconfirmation, or during such
other reasonable time as the Secretary may
provide, the employer shall notify the
individual who is the subject of the
nonconfirmation, and provide information about
filing an administrative appeal pursuant to
paragraph (6) and request for a hearing before
an administrative law judge pursuant to
paragraph (7). The nonconfirmation notice shall
be given to the individual in writing and the
employer shall acknowledge in the System under
penalty of perjury that it provided the notice
(or adequately attempted to provide notice, but
was unable to do so despite reasonable
efforts). The individual shall affirmatively
acknowledge in writing, or in such other manner
as the Secretary may prescribe, the receipt of
the nonconfirmation notice from the employer.
If the individual refuses or fails to
acknowledge the receipt of the nonconfirmation
notice, the employer shall notify the Secretary
in such manner as the Secretary may prescribe.
``(D) Consequences of nonconfirmation.--
``(i) Termination of continued
employment.--Except as provided in clause
(iii), an employer that has received a
nonconfirmation regarding an individual and has
made reasonable efforts to notify the
individual in accordance with subparagraph
(C)(iv) shall terminate the employment of the
individual upon the expiration of the time
period specified in paragraph (6)(A) for filing
an administrative appeal and paragraph (7)(A)
for requesting a hearing before an
administrative law judge.
``(ii) Continued employment after
nonconfirmation.--If the employer continues to
employ an individual after receiving
nonconfirmation and exhaustion of all appeals
or expiration of all rights to appeal if not
appealed, in violation of clause (i), a
rebuttable presumption is created that the
employer has violated paragraphs (1)(A) and (2)
of subsection (a). Such presumption shall not
apply in any prosecution under subsection
(k)(1).
``(iii) Effect of administrative appeal or
review by administrative law judge.--If an
individual files an administrative appeal of
the nonconfirmation within the time period
specified in paragraph (6)(A), or review by an
administrative law judge specified in paragraph
(7)(A), the employer shall not terminate the
individual's employment under this subparagraph
prior to the resolution of the administrative
appeal unless the Secretary or Commissioner
terminates the stay under paragraph (6)(B) or
(7)(B).
``(E) Obligation to respond to queries and
additional information.--
``(i) In general.--Employers shall comply
with requests for information from the
Secretary and the Special Counsel for
Immigration-Related Unfair Employment Practices
of the Department of Justice, including queries
concerning current and former employees, within
the time frame during which records are
required to be maintained under this section
regarding such former employees, if such
information relates to the functioning of the
System, the accuracy of the responses provided
by the System, or any suspected misuse,
discrimination, fraud, or identity theft in the
use of the System. Failure to comply with a
request under this clause constitutes a
violation of subsection (a)(1)(B).
``(ii) Action by individuals.--
``(I) In general.--Individuals
being verified through the System may
be required to take further action to
address questions identified by the
Secretary or the Commissioner regarding
the documents relied upon for purposes
of subsection (c).
``(II) Notification.--Not later
than 3 business days after the receipt
of such questions regarding an
individual, or during such other
reasonable time as the Secretary may
prescribe, the employer shall--
``(aa) notify the
individual of any such
requirement for further
actions; and
``(bb) shall record the
date and manner of such
notification.
``(III) Acknowledgment.--The
individual shall acknowledge the
notification received from the employer
under subclause (II) in writing, or in
such other manner as the Secretary may
prescribe.
``(iii) Rulemaking.--
``(I) In general.--The Secretary,
in consultation with the Commissioner,
is authorized to issue regulations
implementing, clarifying, and
supplementing the requirements under
this subparagraph--
``(aa) to facilitate the
functioning, accuracy, and
fairness of the System; or
``(bb) to prevent misuse,
discrimination, fraud, or
identity theft in the use of
the System.
``(II) Notice.--The regulations
issued under subclause (I)--
``(aa) shall be published
in the Federal Register; and
``(bb) provide directly to
all employers registered in the
System.
``(F) Designated agents.--The Secretary shall
establish a process--
``(i) for certifying, on an annual basis or
at such times as the Secretary may prescribe,
designated agents and other System service
providers seeking access to the System to
perform verification queries on behalf of
employers, based upon training, usage, privacy,
and security standards prescribed by the
Secretary; and
``(ii) for ensuring that designated agents
and other System service providers are subject
to monitoring to the same extent as direct
access users.
``(G) Requirement to provide information.--
``(i) In general.--No later than 3 months
after the date of the enactment of the Border
Security, Economic Opportunity, and Immigration
Modernization Act, the Secretary, in
consultation with the Secretary of Labor, the
Secretary of Agriculture, the Commissioner, the
Attorney General, the Equal Employment
Opportunity Commission, and the Administrator
of the Small Business Administration, shall
commence a campaign to disseminate information
respecting the procedures, rights, and remedies
prescribed under this section.
``(ii) Campaign requirements.--The campaign
authorized under clause (i)--
``(I) shall be aimed at increasing
the knowledge of employers, employees,
and the general public concerning
employer and employee rights,
responsibilities, and remedies under
this section; and
``(II) shall be coordinated with
the public education campaign conducted
by U.S. Citizenship and Immigration
Services.
``(iii) Assessment.--The Secretary shall
assess the success of the campaign in achieving
the goals of the campaign.
``(iv) Authority to contract.--In order to
carry out and assess the campaign under this
subparagraph, the Secretary may, to the extent
deemed appropriate and subject to the
availability of appropriations, contract with
public and private organizations for outreach
and assessment activities under the campaign.
``(v) Authorization of appropriations.--
There are authorized to be appropriated to
carry out this paragraph $40,000,000 for each
of the fiscal years 2014 through 2016.
``(H) Authority to modify information
requirements.--Based on a regular review of the System
and the document verification procedures to identify
misuse or fraudulent use and to assess the security of
the documents and processes used to establish identity
or employment authorized status, the Secretary, in
consultation with the Commissioner, after publication
of notice in the Federal Register and an opportunity
for public comment, may modify, if the Secretary
determines that the modification is necessary to ensure
that the System accurately and reliably determines the
identity and employment authorized status of employees
and maintain existing protections against misuse,
discrimination, fraud, and identity theft--
``(i) the information that shall be
presented to the employer by a worker
individual;
``(ii) the information that shall be
provided to the System by the employer; and
``(iii) the procedures that shall be
followed by employers with respect to the
process of verifying an individual through the
System.
``(I) Self-verification.--Subject to appropriate
safeguards to prevent misuse of the system, the
Secretary, in consultation with the Commissioner, shall
establish a secure self-verification procedure to
permit an individual who seeks to verify the
individual's own employment eligibility to contact the
appropriate agency and, in a timely manner, correct or
update the information contained in the System.
``(5) Protection from liability for actions taken on the
basis of information provided by the system.--An employer shall
not be liable to a job applicant, an employee, the Federal
Government, or a State or local government, under Federal,
State, or local criminal or civil law for any employment-
related action taken with respect to a job applicant or
employee in good-faith reliance on information provided by the
System.
``(6) Administrative appeal.--
``(A) In general.--An individual who is notified of
a nonconfirmation may, not later than 10 business days
after the date that such notice is received, file an
administrative appeal of such nonconfirmation with the
Commissioner if the notice is based on records
maintained by the Commissioner, or in any other case,
with the Secretary. An individual who did not timely
contest a further action notice timely received by that
individual for which the individual acknowledged
receipt may not be granted a review under this
paragraph.
``(B) Administrative stay of nonconfirmation.--The
nonconfirmation shall be automatically stayed upon the
timely filing of an administrative appeal, unless the
nonconfirmation resulted after the individual
acknowledged receipt of the further action notice but
failed to contact the appropriate agency within the
time provided. The stay shall remain in effect until
the resolution of the appeal, unless the Secretary or
the Commissioner terminates the stay based on a
determination that the administrative appeal is
frivolous or filed for purposes of delay.
``(C) Review for error.--The Secretary and the
Commissioner shall develop procedures for resolving
administrative appeals regarding nonconfirmations based
upon the information that the individual has provided,
including any additional evidence or argument that was
not previously considered. Any such additional evidence
or argument shall be filed within 10 business days of
the date the appeal was originally filed. Appeals shall
be resolved within 20 business days after the
individual has submitted all evidence and arguments the
individual wishes to submit, or has stated in writing
that there is no additional evidence that the
individual wishes to submit. The Secretary and the
Commissioner may, on a case by case basis for good
cause, extend the filing and submission period in order
to ensure accurate resolution of an appeal before the
Secretary or the Commissioner.
``(D) Preponderance of evidence.--Administrative
appeal under this paragraph shall be limited to whether
a nonconfirmation notice is supported by a
preponderance of the evidence.
``(E) Damages, fees, and costs.--No money damages,
fees or costs may be awarded in the administrative
appeal process under this paragraph.
``(7) Review by administrative law judge.--
``(A) In general.--Not later than 30 days after the
date an individual receives a final determination on an
administrative appeal under paragraph (6), the
individual may obtain review of such determination by
filing a complaint with an administrative law judge in
accordance with this paragraph.
``(B) Stay of nonconfirmation.--The nonconfirmation
related to such final determination shall be
automatically stayed upon the timely filing of a
complaint under this paragraph, and the stay shall
remain in effect until the resolution of the complaint,
unless the administrative law judge determines that the
action is frivolous or filed for purposes of delay.
``(C) Service.--The respondent to complaint filed
under this paragraph is either the Secretary or the
Commissioner, but not both, depending upon who issued
the administrative order under paragraph (6). In
addition to serving the respondent, the plaintiff shall
serve the Attorney General.
``(D) Authority of administrative law judge.--
``(i) Rules of practice.--The Secretary
shall promulgate regulations regarding the
rules of practice in appeals brought pursuant
to this subsection.
``(ii) Authority of administrative law
judge.--The administrative law judge shall have
power to--
``(I) terminate a stay of a
nonconfirmation under subparagraph (B)
if the administrative law judge
determines that the action is frivolous
or filed for purposes of delay;
``(II) adduce evidence at a
hearing;
``(III) compel by subpoena the
attendance of witnesses and the
production of evidence at any
designated place or hearing;
``(IV) resolve claims of identity
theft; and
``(V) enter, upon the pleadings and
any evidence adduced at a hearing, a
decision affirming or reversing the
result of the agency, with or without
remanding the cause for a rehearing.
``(iii) Subpoena.--In case of contumacy or
refusal to obey a subpoena lawfully issued
under this section and upon application of the
administrative law judge, an appropriate
district court of the United States may issue
an order requiring compliance with such
subpoena and any failure to obey such order may
be punished by such court as a contempt of such
court.
``(iv) Training.--An administrative law
judge hearing cases shall have special training
respecting employment authorized status
verification.
``(E) Order by administrative law judge.--
``(i) In general.--The administrative law
judge shall issue and cause to be served to the
parties in the proceeding an order which may be
appealed as provided in subparagraph (G).
``(ii) Contents of order.--Such an order
shall uphold or reverse the final determination
on the request for reconsideration and order
lost wages and other appropriate remedies as
provided in subparagraph (F).
``(F) Compensation for error.--
``(i) In general.--In cases in which the
administrative law judge reverses the final
determination of the Secretary or the
Commissioner made under paragraph (6), and the
administrative law judge finds that--
``(I) the nonconfirmation was due
to gross negligence or intentional
misconduct of the employer, the
administrative law judge may order the
employer to pay the individual lost
wages, and reasonable costs and
attorneys' fees incurred during
administrative and judicial review; or
``(II) such final determination was
erroneous by reason of the negligence
of the Secretary or the Commissioner,
the administrative law judge may order
the Secretary or the Commissioner to
pay the individual lost wages, and
reasonable costs and attorneys' fees
incurred during administrative and
judicial review.
``(ii) Calculation of lost wages.--Lost
wages shall be calculated based on the wage
rate and work schedule that prevailed prior to
termination. The individual shall be
compensated for wages lost beginning on the
first scheduled work day after employment was
terminated and ending 120 days after completion
of the administrative law judge's review
described in this paragraph or the day after
the individual is reinstated or obtains
employment elsewhere, whichever occurs first.
If the individual obtains employment elsewhere
at a lower wage rate, the individual shall be
compensated for the difference in wages for the
period ending 120 days after completion of the
administrative law judge review process. No
lost wages shall be awarded for any period of
time during which the individual was not in
employment authorized status.
``(iii) Payment of compensation.--
Notwithstanding any other law, payment of
compensation for lost wages, costs, and
attorneys' fees under this paragraph, or
compromise settlements of the same, shall be
made as provided by section 1304 of title 31,
United States Code. Appropriations made
available to the Secretary or the Commissioner,
accounts provided for under section 286, and
funds from the Federal Old-Age and Survivors
Insurance Trust Fund or the Federal Disability
Insurance Trust Fund shall not be available to
pay such compensation.
``(G) Appeal.--No later than 45 days after the
entry of such final order, any person adversely
affected by such final order may seek review of such
order in the United States Court of Appeals for the
circuit in which the violation is alleged to have
occurred or in which the employer resides or transacts
business.
``(8) Management of the system.--
``(A) In general.--The Secretary is authorized to
establish, manage, and modify the System, which shall--
``(i) respond to inquiries made by
participating employers at any time through the
internet, or such other means as the Secretary
may designate, concerning an individual's
identity and whether the individual is in
employment authorized status;
``(ii) maintain records of the inquiries
that were made, of confirmations provided (or
not provided), and of the codes provided to
employers as evidence of their compliance with
their obligations under the System; and
``(iii) provide information to, and require
action by, employers and individuals using the
System.
``(B) Design and operation of system.--The System
shall be designed and operated--
``(i) to maximize its reliability and ease
of use by employers consistent with protecting
the privacy and security of the underlying
information, and ensuring full notice of such
use to employees;
``(ii) to maximize its ease of use by
employees, including direct notification of its
use, of results, and ability to challenge
results;
``(iii) to respond accurately to all
inquiries made by employers on whether
individuals are authorized to be employed and
to register any times when the system is unable
to receive inquiries;
``(iv) to maintain appropriate
administrative, technical, and physical
safeguards to prevent unauthorized disclosure
of personal information, misuse by employers
and employees, and discrimination;
``(v) to require regularly scheduled
refresher training of all users of the System
to ensure compliance with all procedures;
``(vi) to allow for auditing of the use of
the System to detect misuse, discrimination,
fraud, and identity theft, and to preserve the
integrity and security of the information in
all of the System, including--
``(I) to develop and use tools and
processes to detect or prevent fraud
and identity theft, such as multiple
uses of the same identifying
information or documents to
fraudulently gain employment;
``(II) to develop and use tools and
processes to detect and prevent misuse
of the system by employers and
employees;
``(III) to develop tools and
processes to detect anomalies in the
use of the system that may indicate
potential fraud or misuse of the
system;
``(IV) to audit documents and
information submitted by employees to
employers, including authority to
conduct interviews with employers and
employees, and obtain information
concerning employment from the
employer;
``(vii) to confirm identity and employment
authorization through verification and
comparison of records as determined necessary
by the Secretary;
``(viii) to confirm electronically the
issuance of the employment authorization or
identity document and--
``(I) if such photograph is
available, to display the digital
photograph that the issuer placed on
the document so that the employer can
compare the photograph displayed to the
photograph on the document presented by
the employee; or
``(II) if a photograph is not
available from the issuer, to confirm
the authenticity of the document using
such alternative procedures as the
Secretary may specify; and
``(ix) to provide appropriate notification
directly to employers registered with the
System of all changes made by the Secretary or
the Commissioner related to allowed and
prohibited documents, and use of the System.
``(C) Safeguards to the system.--
``(i) Requirement to develop.--The
Secretary, in consultation with the
Commissioner and other appropriate Federal and
State agencies, shall develop policies and
procedures to ensure protection of the privacy
and security of personally identifiable
information and identifiers contained in the
records accessed or maintained by the System.
The Secretary, in consultation with the
Commissioner and other appropriate Federal and
State agencies, shall develop and deploy
appropriate privacy and security training for
the Federal and State employees accessing the
records under the System.
``(ii) Privacy audits.--The Secretary,
acting through the Chief Privacy Officer of the
Department, shall conduct regular privacy
audits of the policies and procedures
established under clause (i), including any
collection, use, dissemination, and maintenance
of personally identifiable information and any
associated information technology systems, as
well as scope of requests for this information.
The Chief Privacy Officer shall review the
results of the audits and recommend to the
Secretary any changes necessary to improve the
privacy protections of the program.
``(iii) Records security program.--Any
person, including a private third party vendor,
who retains document verification or System
data pursuant to this section shall implement
an effective records security program that--
``(I) ensures that only authorized
personnel have access to document
verification or System data; and
``(II) ensures that whenever such
data is created, completed, updated,
modified, altered, or corrected in
electronic format, a secure and
permanent record is created that
establishes the date of access, the
identity of the individual who accessed
the electronic record, and the
particular action taken.
``(iv) Records security program.--In
addition to the security measures described in
clause (iii), a private third party vendor who
retains document verification or System data
pursuant to this section shall implement an
effective records security program that--
``(I) provides for backup and
recovery of any records maintained in
electronic format to protect against
information loss, such as power
interruptions; and
``(II) ensures that employees are
trained to minimize the risk of
unauthorized or accidental alteration
or erasure of such data in electronic
format.
``(v) Authorized personnel defined.--In
this subparagraph, the term `authorized
personnel' means anyone registered as a System
user, or anyone with partial or full
responsibility for completion of employment
authorization verification or retention of data
in connection with employment authorization
verification on behalf of an employer.
``(D) Responsibilities of the secretary.--
``(i) In general.--As part of the System,
the Secretary shall maintain a reliable, secure
method, which, operating through the System and
within the time periods specified, compares the
name, alien identification or authorization
number, or other information as determined
relevant by the Secretary, provided in an
inquiry against such information maintained or
accessed by the Secretary in order to confirm
(or not confirm) the validity of the
information provided, the correspondence of the
name and number, whether the alien has
employment authorized status (or, to the extent
that the Secretary determines to be feasible
and appropriate, whether the records available
to the Secretary verify the identity or status
of a national of the United States), and such
other information as the Secretary may
prescribe.
``(ii) Photograph display.--As part of the
System, the Secretary shall establish a
reliable, secure method, which, operating
through the System, displays the digital
photograph described in subparagraph
(B)(viii)(I).
``(iii) Timing of notices.--The Secretary
shall have authority to prescribe when a
confirmation, nonconfirmation, or further
action notice shall be issued.
``(iv) Use of information.--The Secretary
shall perform regular audits under the System,
as described in subparagraph (B)(vi) and shall
utilize the information obtained from such
audits, as well as any information obtained
from the Commissioner pursuant to part E of
title XI of the Social Security Act (42 U.S.C.
1301 et seq.), for the purposes of this section
and to administer and enforce the immigration
laws.
``(v) Available facilities and alternative
accommodations.--The Secretary shall make
appropriate arrangements and develop standards
to allow employers or employees, including
remote hires, who are otherwise unable to
access the System to use electronic and
telephonic formats (including video
conferencing, scanning technology, and other
available technologies), Federal Government
facilities, public facilities, or other
available locations in order to utilize the
System.
``(vi) Identity fraud protection.--To
prevent identity fraud, not later than 18
months after the date of the enactment of the
Border Security, Economic Opportunity, and
Immigration Modernization Act, the Secretary
shall--
``(I) in consultation with the
Commissioner, establish a program to
provide a reliable, secure method for
an individual to temporarily suspend or
limit the use of the individual's
social security account number or other
identifying information for
verification by the System; and
``(II) for each individual being
verified through the System--
``(aa) notify the
individual that the individual
has the option to limit the use
of the individual's social
security account number or
other identifying information
for verification by the System;
and
``(bb) provide instructions
to the individuals for
exercising the option referred
to in item (aa).
``(vii) Protection from multiple use.--The
Secretary and the Commissioner shall establish
a procedure for identifying and handling a
situation in which a social security account
number has been identified to be subject to
unusual multiple use in the System or is
otherwise suspected or determined to have been
compromised by identity fraud.
``(viii) Monitoring and compliance unit.--
The Secretary shall establish or designate a
monitoring and compliance unit to detect and
reduce identity fraud and other misuse of the
System.
``(ix) Civil rights and civil liberties
assessments.--
``(I) Requirement to conduct.--The
Secretary shall conduct regular civil
rights and civil liberties assessments
of the System, including participation
by employers, other private entities,
and Federal, State, and local
government entities.
``(II) Requirement to respond.--
Employers, other private entities, and
Federal, State, and local entities
shall timely respond to any request in
connection with such an assessment.
``(III) Assessment and
recommendations.--The Officer for Civil
Rights and Civil Liberties of the
Department shall review the results of
each such assessment and recommend to
the Secretary any changes necessary to
improve the civil rights and civil
liberties protections of the System.
``(E) Grants to states.--
``(i) In general.--The Secretary shall
create and administer a grant program to help
provide funding for States that grant--
``(I) the Secretary access to
driver's license information as needed
to confirm that a driver's license
presented under subsection (c)(1)(C)(i)
confirms the identity of the subject of
the System check, and that a driver's
license matches the State's records;
and
``(II) such assistance as the
Secretary may request in order to
resolve further action notices or
nonconfirmations relating to such
information.
``(ii) Construction with the driver's
privacy protection act of 1994.--The provision
of a photograph to the Secretary as described
in clause (i) may not be construed as a
violation of section 2721 of title 18, United
States Code, and is a permissible use under
subsection (b)(1) of that section.
``(iii) Authorization of appropriations.--
There is authorized to be appropriated to the
Secretary $250,000,000 to carry out this
subparagraph.
``(F) Responsibilities of the secretary of state.--
As part of the System, the Secretary of State shall
provide to the Secretary access to passport and visa
information as needed to confirm that a passport,
passport card, or visa presented under subsection
(c)(1)(B) confirms the identity of the subject of the
System check, and that a passport, passport card, or
visa photograph matches the Secretary of State's
records, and shall provide such assistance as the
Secretary may request in order to resolve further
action notices or nonconfirmations relating to such
information.
``(G) Updating information.--The Commissioner, the
Secretary, and the Secretary of State shall update
their information in a manner that promotes maximum
accuracy and shall provide a process for the prompt
correction of erroneous information.
``(9) Limitation on use of the system.--Notwithstanding any
other provision of law, nothing in this subsection may be
construed to permit or allow any department, bureau, or other
agency of the United States Government or any other entity to
utilize any information, database, or other records assembled
under this subsection for any purpose other than for employment
verification or to ensure secure, appropriate and
nondiscriminatory use of the System.
``(10) Annual report and certification.--Not later than 18
months after the promulgation of regulations to implement this
subsection, and annually thereafter, the Secretary shall submit
to Congress a report that includes the following:
``(A) An assessment of the accuracy rates of
further action notices and other System notices
provided by employers to individuals who are authorized
to be employed in the United States.
``(B) An assessment of the accuracy rates of
further action notices and other System notices
provided directly (by the System) in a timely fashion
to individuals who are not authorized to be employed in
the United States.
``(C) An assessment of any challenges faced by
small employers in utilizing the System.
``(D) An assessment of the rate of employer
noncompliance (in addition to failure to provide
required notices in a timely fashion) in each of the
following categories:
``(i) Taking adverse action based on a
further action notice.
``(ii) Use of the System for nonemployees
or other individuals before they are offered
employment.
``(iii) Use of the System to reverify
employment authorized status of current
employees except if authorized to do so.
``(iv) Use of the System selectively,
except in cases in which such use is
authorized.
``(v) Use of the System to deny employment
or post-employment benefits or otherwise
interfere with labor rights.
``(vi) Requiring employees or applicants to
use any self-verification feature or to provide
self-verification results.
``(vii) Discouraging individuals who
receive a further action notice from
challenging the further action notice or
appealing a determination made by the System.
``(E) An assessment of the rate of employee
noncompliance in each of the following categories:
``(i) Obtaining employment when
unauthorized with an employer complying with
the System in good faith.
``(ii) Failure to provide required
documents in a timely manner.
``(iii) Attempting to use fraudulent
documents or documents not related to the
individual.
``(iv) Misuse of the administrative appeal
and judicial review process.
``(F) An assessment of the amount of time taken
for--
``(i) the System to provide the
confirmation or further action notice;
``(ii) individuals to contest further
action notices;
``(iii) the System to provide a
confirmation or nonconfirmation of a contested
further action notice;
``(iv) individuals to file an
administrative appeal of a nonconfirmation; and
``(v) resolving administrative appeals
regarding nonconfirmations.
``(11) Annual gao study and report.--
``(A) Requirement.--The Comptroller General shall,
for each year, undertake a study to evaluate the
accuracy, efficiency, integrity, and impact of the
System.
``(B) Report.--Not later than 18 months after the
promulgation of regulations to implement this
subsection, and yearly thereafter, the Comptroller
General shall submit to Congress a report containing
the findings of the study carried out under this
paragraph. Each such report shall include, at a
minimum, the following:
``(i) An assessment of System performance
with respect to the rate at which individuals
who are eligible for employment in the United
States are correctly approved within the
required periods, including a separate
assessment of such rate for nationals and
aliens.
``(ii) An assessment of the privacy and
confidentiality of the System and of the
overall security of the System with respect to
cybertheft and theft or misuse of private data.
``(iii) An assessment of whether the System
is being implemented in a manner that is not
discriminatory or used for retaliation against
employees.
``(iv) An assessment of the most common
causes for the erroneous issuance of
nonconfirmations by the System and
recommendations to correct such causes.
``(v) The recommendations of the
Comptroller General regarding System
improvements.
``(vi) An assessment of the frequency and
magnitude of changes made to the System and the
impact on the ability for employers to comply
in good faith.
``(vii) An assessment of the direct and
indirect costs incurred by employers in
complying with the System, including costs
associated with retaining potential employees
through the administrative appeals process and
receiving a nonconfirmation.
``(viii) An assessment of any backlogs or
delays in the System providing the confirmation
or further action notice and impacts to hiring
by employers.
``(e) Compliance.--
``(1) Complaints and investigations.--The Secretary shall
establish procedures--
``(A) for individuals and entities to file
complaints respecting potential violations of
subsections (a) or (f)(1);
``(B) for the investigation of those complaints
which the Secretary deems appropriate to investigate;
and
``(C) for providing notification to the Special
Counsel for Immigration-Related Unfair Employment
Practices of the Department of Justice of potential
violations of section 274B.
``(2) Authority in investigations.--In conducting
investigations and proceedings under this subsection--
``(A) immigration officers shall have reasonable
access to examine evidence of the employer being
investigated;
``(B) immigration officers designated by the
Secretary, and administrative law judges and other
persons authorized to conduct proceedings under this
section, may compel by subpoena the attendance of
relevant witnesses and the production of relevant
evidence at any designated place in an investigation or
case under this subsection. In case of refusal to fully
comply with a subpoena lawfully issued under this
paragraph, the Secretary may request that the Attorney
General apply in an appropriate district court of the
United States for an order requiring compliance with
the subpoena, and any failure to obey such order may be
punished by the court as contempt. Failure to cooperate
with the subpoena shall be subject to further
penalties, including but not limited to further fines
and the voiding of any mitigation of penalties or
termination of proceedings under paragraph (4)(D); and
``(C) the Secretary, in cooperation with the
Commissioner and Attorney General, and in consultation
with other relevant agencies, shall establish a Joint
Employment Fraud Task Force consisting of, at a
minimum--
``(i) the System's compliance personnel;
``(ii) immigration law enforcement
officers;
``(iii) personnel of the Office of Special
Counsel for Immigration-Related Unfair
Employment Practices of the Department of
Justice;
``(iv) personnel of the Office for Civil
Rights and Civil Liberties of the Department;
and
``(v) personnel of Office of Inspector
General of the Social Security Administration.
``(3) Compliance procedures.--
``(A) Pre-penalty notice.--If the Secretary has
reasonable cause to believe that there has been a civil
violation of this section, the Secretary shall issue to
the employer concerned a written notice of the
Department's intention to issue a claim for a monetary
or other penalty. Such pre-penalty notice shall:
``(i) describe the violation;
``(ii) specify the laws and regulations
allegedly violated;
``(iii) disclose the material facts which
establish the alleged violation;
``(iv) describe the penalty sought to be
imposed; and
``(v) inform such employer that such
employer shall have a reasonable opportunity to
make representations as to why a monetary or
other penalty should not be imposed.
``(B) Employer's response.--Whenever any employer
receives written pre-penalty notice of a fine or other
penalty in accordance with subparagraph (A), the
employer may, within 60 days from receipt of such
notice, file with the Secretary its written response to
the notice. The response may include any relevant
evidence or proffer of evidence that the employer
wishes to present with respect to whether the employer
violated this section and whether, if so, the penalty
should be mitigated, and shall be filed and considered
in accordance with procedures to be established by the
Secretary.
``(C) Right to a hearing.--Before issuance of an
order imposing a penalty on any employer, person, or
entity, the employer, person, or entity shall be
entitled to a hearing before an administrative law
judge, if requested within 60 days of the notice of
penalty. The hearing shall be held at the nearest
location practicable to the place where the employer,
person, or entity resides or of the place where the
alleged violation occurred.
``(D) Issuance of orders.--If no hearing is so
requested, the Secretary's imposition of the order
shall constitute a final and unappealable order. If a
hearing is requested and the administrative law judge
determines, upon clear and convincing evidence
received, that there was a violation, the
administrative law judge shall issue the final
determination with a written penalty claim. The penalty
claim shall specify all charges in the information
provided under clauses (i) through (iii) of
subparagraph (A) and any mitigation of the penalty that
the administrative law judge deems appropriate under
paragraph (4)(D).
``(4) Civil penalties.--
``(A) Hiring or continuing to employ unauthorized
aliens.--Any employer that violates any provision of
subsection (a)(1)(A) or (a)(2) shall--
``(i) pay a civil penalty of not less than
$3,500 and not more than $7,500 for each
unauthorized alien with respect to which each
violation of either subsection (a)(1)(A) or
(a)(2) occurred;
``(ii) if the employer has previously been
fined as a result of a previous enforcement
action or previous violation under this
paragraph, pay a civil penalty of not less than
$5,000 and not more than $15,000 for each
unauthorized alien with respect to which a
violation of either subsection (a)(1)(A) or
(a)(2) occurred; and
``(iii) if the employer has previously been
fined more than once under this paragraph, pay
a civil penalty of not less than $10,000 and
not more than $25,000 for each unauthorized
alien with respect to which a violation of
either subsection (a)(1)(A) or (a)(2) occurred.
``(B) Enhanced penalties.--After the Secretary
certifies to Congress that the System has been
established, implemented, and made mandatory for use by
all employers in the United States, the Secretary may
establish an enhanced civil penalty for an employer
who--
``(i) fails to query the System to verify
the identify and work authorized status of an
individual; and
``(ii) violates a Federal, State, or local
law related to--
``(I) the payment of wages;
``(II) hours worked by employees;
or
``(III) workplace health and
safety.
``(C) Recordkeeping or verification practices.--Any
employer that violates or fails to comply with any
requirement under subsection (a)(1)(B), other than a
minor or inadvertent failure, as determined by the
Secretary, shall pay a civil penalty of--
``(i) not less than $500 and not more than
$2,000 for each violation;
``(ii) if an employer has previously been
fined under this paragraph, not less than
$1,000 and not more than $4,000 for each
violation; and
``(iii) if an employer has previously been
fined more than once under this paragraph, not
less than $2,000 and not more than $8,000 for
each violation.
``(D) Other penalties.--The Secretary may impose
additional penalties for violations, including cease
and desist orders, specially designed compliance plans
to prevent further violations, suspended fines to take
effect in the event of a further violation, and in
appropriate cases, the remedy provided by paragraph
(f)(2).
``(E) Mitigation.--The Secretary or, if an employer
requests a hearing, the administrative law judge, is
authorized, upon such terms and conditions as the
Secretary or administrative law judge deems reasonable
and just and in accordance with such procedures as the
Secretary may establish or any procedures established
governing the administrative law judge's assessment of
penalties, to reduce or mitigate penalties imposed upon
employers, based upon factors including, the employer's
hiring volume, compliance history, good-faith
implementation of a compliance program, the size and
level of sophistication of the employer, and voluntary
disclosure of violations of this subsection to the
Secretary. The Secretary or administrative law judge
shall not mitigate a penalty below the minimum penalty
provided by this section, except that the Secretary
may, in the case of an employer subject to penalty for
recordkeeping or verification violations only who has
not previously been penalized under this section, in
the Secretary's or administrative law judge's
discretion, mitigate the penalty below the statutory
minimum or remit it entirely. In any case where a civil
money penalty has been imposed on an employer under
section 274B for an action or omission that is also a
violation of this section, the Secretary or
administrative law judge shall mitigate any civil money
penalty under this section by the amount of the penalty
imposed under section 274B.
``(F) Effective date.--The civil money penalty
amounts and the enhanced penalties provided by
subparagraphs (A), (B), and (C) of this paragraph and
by subsection (f)(2) shall apply to violations of this
section committed on or after the date that is 1 year
after the date of the enactment of the Border Security,
Economic Opportunity, and Immigration Modernization
Act. For violations committed prior to such date of
enactment, the civil money penalty amounts provided by
regulations implementing this section as in effect the
day before such date of enactment with respect to
knowing hiring or continuing employment, verification,
or indemnity bond violations, as appropriate, shall
apply.
``(5) Order of internal review and certification of
compliance.--
``(A) Employer compliance.--If the Secretary has
reasonable cause to believe that an employer has failed
to comply with this section, the Secretary is
authorized, at any time, to require that the employer
certify that it is in compliance with this section, or
has instituted a program to come into compliance.
``(B) Employer certification.--
``(i) Requirement.--Except as provided in
subparagraph (C), not later than 60 days after
receiving a notice from the Secretary requiring
a certification under subparagraph (A), an
official with responsibility for, and authority
to bind the company on, all hiring and
immigration compliance notices shall certify
under penalty of perjury that the employer is
in conformance with the requirements of
paragraphs (1) through (4) of subsection (c),
pertaining to document verification
requirements, and with subsection (d),
pertaining to the System (once the System is
implemented with respect to that employer
according to the requirements of subsection
(d)(1)), and with any additional requirements
that the Secretary may promulgate by regulation
pursuant to subsection (c) or (d) or that the
employer has instituted a program to come into
compliance with these requirements.
``(ii) Application.--Clause (i) shall not
apply until the date that the Secretary
certifies to Congress that the System has been
established, implemented, and made mandatory
for use by all employers in the United States.
``(C) Extension of deadline.--At the request of the
employer, the Secretary may extend the 60-day deadline
for good cause.
``(D) Standards or methods.--The Secretary is
authorized to publish in the Federal Register standards
or methods for such certification, require specific
recordkeeping practices with respect to such
certifications, and audit the records thereof at any
time. This authority shall not be construed to diminish
or qualify any other penalty provided by this section.
``(6) Requirements for review of a final determination.--
With respect to judicial review of a final determination or
penalty claim issued under paragraph (3)(C), the following
requirements apply:
``(A) Deadline.--The petition for review must be
filed no later than 30 days after the date of the final
determination or penalty claim issued under paragraph
(3)(C).
``(B) Venue and forms.--The petition for review
shall be filed with the court of appeals for the
judicial circuit where the employer's principal place
of business was located when the final determination or
penalty claim was made. The record and briefs do not
have to be printed. The court shall review the
proceeding on a typewritten or electronically filed
record and briefs.
``(C) Service.--The respondent is the Secretary. In
addition to serving the respondent, the petitioner
shall serve the Attorney General.
``(D) Petitioner's brief.--The petitioner shall
serve and file a brief in connection with a petition
for judicial review not later than 40 days after the
date on which the administrative record is available,
and may serve and file a reply brief not later than 14
days after service of the brief of the respondent, and
the court may not extend these deadlines, except for
good cause shown. If a petitioner fails to file a brief
within the time provided in this paragraph, the court
shall dismiss the appeal unless a manifest injustice
would result.
``(E) Scope and standard for review.--The court of
appeals shall conduct a de novo review of the
administrative record on which the final determination
was based and any additional evidence that the Court
finds was previously unavailable at the time of the
administrative hearing.
``(F) Exhaustion of administrative remedies.--A
court may review a final determination under paragraph
(3)(C) only if--
``(i) the petitioner has exhausted all
administrative remedies available to the
petitioner as of right, including any
administrative remedies established by
regulation, and
``(ii) another court has not decided the
validity of the order, unless the reviewing
court finds that the petition presents grounds
that could not have been presented in the prior
judicial proceeding or that the remedy provided
by the prior proceeding was inadequate or
ineffective to test the validity of the order.
``(G) Enforcement of orders.--If the final
determination issued against the employer under this
subsection is not subjected to review as provided in
this paragraph, the Attorney General, upon request by
the Secretary, may bring a civil action to enforce
compliance with the final determination in any
appropriate district court of the United States. The
court, on a proper showing, shall issue a temporary
restraining order or a preliminary or permanent
injunction requiring that the employer comply with the
final determination issued against that employer under
this subsection. In any such civil action, the validity
and appropriateness of the final determination shall
not be subject to review
``(7) Creation of lien.--If any employer liable for a fee
or penalty under this section neglects or refuses to pay such
liability after demand and fails to file a petition for review
(if applicable) as provided in paragraph (6), the amount of the
fee or penalty shall be a lien in favor of the United States on
all property and rights to property, whether real or personal,
belonging to such employer. If a petition for review is filed
as provided in paragraph (6), the lien shall arise upon the
entry of a final judgment by the court. The lien continues for
20 years or until the liability is satisfied, remitted, set
aside, or terminated.
``(8) Filing notice of lien.--
``(A) Place for filing.--The notice referred to in
paragraph (7) shall be filed as described in 1 of the
following:
``(i) Under state laws.--
``(I) Real property.--In the case
of real property, in 1 office within
the State (or the county, or other
governmental subdivision), as
designated by the laws of such State,
in which the property subject to the
lien is situated.
``(II) Personal property.--In the
case of personal property, whether
tangible or intangible, in 1 office
within the State (or the county, or
other governmental subdivision), as
designated by the laws of such State,
in which the property subject to the
lien is situated, except that State law
merely conforming to or reenacting
Federal law establishing a national
filing system does not constitute a
second office for filing as designated
by the laws of such State.
``(ii) With clerk of district court.--In
the office of the clerk of the United States
district court for the judicial district in
which the property subject to the lien is
situated, whenever the State has not by law
designated 1 office which meets the
requirements of clause (i).
``(iii) With recorder of deeds of the
district of columbia.--In the office of the
Recorder of Deeds of the District of Columbia,
if the property subject to the lien is situated
in the District of Columbia.
``(B) Situs of property subject to lien.--For
purposes of subparagraph (A), property shall be deemed
to be situated as follows:
``(i) Real property.--In the case of real
property, at its physical location.
``(ii) Personal property.--In the case of
personal property, whether tangible or
intangible, at the residence of the taxpayer at
the time the notice of lien is filed.
``(C) Determination or residence.--For purposes of
subparagraph (A)(ii), the residence of a corporation or
partnership shall be deemed to be the place at which
the principal executive office of the business is
located, and the residence of a taxpayer whose
residence is outside the United States shall be deemed
to be in the District of Columbia.
``(D) Effect of filing notice of lien.--
``(i) In general.--Upon filing of a notice
of lien in the manner described in this
paragraph, the lien shall be valid against any
purchaser, holder of a security interest,
mechanic's lien, or judgment lien creditor,
except with respect to properties or
transactions specified in subsection (b), (c),
or (d) of section 6323 of the Internal Revenue
Code of 1986 for which a notice of tax lien
properly filed on the same date would not be
valid.
``(ii) Notice of lien.--The notice of lien
shall be considered a notice of lien for taxes
payable to the United States for the purpose of
any State or local law providing for the filing
of a notice of a tax lien. A notice of lien
that is registered, recorded, docketed, or
indexed in accordance with the rules and
requirements relating to judgments of the
courts of the State where the notice of lien is
registered, recorded, docketed, or indexed
shall be considered for all purposes as the
filing prescribed by this section.
``(iii) Other provisions.--The provisions
of section 3201(e) of title 28, United States
Code, shall apply to liens filed as prescribed
by this paragraph.
``(E) Enforcement of a lien.--A lien obtained
through this paragraph shall be considered a debt as
defined by section 3002 of title 28, United States Code
and enforceable pursuant to chapter 176 of such title.
``(9) Attorney general adjudication.--The Attorney General
shall have jurisdiction to adjudicate administrative
proceedings under this subsection. Such proceedings shall be
conducted in accordance with requirements of section 554 of
title 5, United States Code.
``(f) Criminal and Civil Penalties and Injunctions.--
``(1) Prohibition of indemnity bonds.--It is unlawful for
an employer, in the hiring of any individual, to require the
individual to post a bond or security, to pay or agree to pay
an amount, or otherwise to provide a financial guarantee or
indemnity, against any potential liability arising under this
section relating to such hiring of the individual.
``(2) Civil penalty.--Any employer who is determined, after
notice and opportunity for mitigation of the monetary penalty
under subsection (e), to have violated paragraph (1) shall be
subject to a civil penalty of $10,000 for each violation and to
an administrative order requiring the return of any amounts
received in violation of such paragraph to the employee or, if
the employee cannot be located, to the general fund of the
Treasury.
``(g) Government Contracts.--
``(1) Contractors and recipients.--Whenever an employer who
is a Federal contractor (meaning an employer who holds a
Federal contract, grant, or cooperative agreement, or
reasonably may be expected to submit an offer for or be awarded
a government contract) is determined by the Secretary to have
violated of this section more than 3 occasions or is convicted
of a crime under this section, the employer shall be considered
for debarment from the receipt of Federal contracts, grants, or
cooperative agreements in accordance with the procedures and
standards and for the periods prescribed by the Federal
Acquisition Regulation. However, any administrative
determination of liability for civil penalty by the Secretary
or the Attorney General shall not be reviewable in any
debarment proceeding.
``(2) Inadvertent violations.--Inadvertent violations of
recordkeeping or verification requirements, in the absence of
any other violations of this section, shall not be a basis for
determining that an employer is a repeat violator for purposes
of this subsection.
``(3) Other remedies available.--Nothing in this subsection
shall be construed to modify or limit any remedy available to
any agency or official of the Federal Government for violation
of any contractual requirement to participate in the System, as
provided in the final rule relating to employment eligibility
verification published in the Federal Register on November 14,
2008 (73 Fed. Reg. 67,651), or any similar subsequent
regulation.
``(h) Preemption.--The provisions of this section preempt any State
or local law, ordinance, policy, or rule, including any criminal or
civil fine or penalty structure, relating to the hiring, continued
employment, or status verification for employment eligibility purposes,
of unauthorized aliens. A State, locality, municipality, or political
subdivision may exercise its authority over business licensing and
similar laws as a penalty for failure to use the System.
``(i) Deposit of Amounts Received.--Except as otherwise specified,
civil penalties collected under this section shall be deposited by the
Secretary into the Comprehensive Immigration Reform Trust Fund
established under section 6 of the Border Security, Economic
Opportunity, and Immigration Modernization Act.
``(j) Challenges to Validity of the System.--
``(1) In general.--Any right, benefit, or claim not
otherwise waived or limited pursuant to this section is
available in an action instituted in the United States District
Court for the District of Columbia, but shall be limited to
determinations of--
``(A) whether this section, or any regulation
issued to implement this section, violates the
Constitution of the United States; or
``(B) whether such a regulation issued by or under
the authority of the Secretary to implement this
section, is contrary to applicable provisions of this
section or was issued in violation of title 5, chapter
5, United States Code.
``(2) Deadlines for bringing actions.--Any action
instituted under this subsection must be filed no later than
180 days after the date the challenged section or regulation
described in subparagraph (A) or (B) of paragraph (1) becomes
effective. No court shall have jurisdiction to review any
challenge described in subparagraph (B) after the time period
specified in this subsection expires.
``(k) Criminal Penalties and Injunctions for Pattern or Practice
Violations.--
``(1) Pattern and practice.--Any employer who engages in a
pattern or practice of knowing violations of subsection
(a)(1)(A) or (a)(2) shall be fined under title 18, United
States Code, no more than $10,000 for each unauthorized alien
with respect to whom such violation occurs, imprisoned for not
more than 2 years for the entire pattern or practice, or both.
``(2) Term of imprisonment.--The maximum term of
imprisonment of a person convicted of any criminal offense
under the United States Code shall be increased by 5 years if
the offense is committed as part of a pattern or practice of
violations of subsection (a)(1)(A) or (a)(2).
``(3) Enjoining of pattern or practice violations.--
Whenever the Secretary or the Attorney General has reasonable
cause to believe that an employer is engaged in a pattern or
practice of employment in violation of subsection (a)(1)(A) or
(a)(2), the Attorney General may bring a civil action in the
appropriate district court of the United States requesting such
relief, including a permanent or temporary injunction,
restraining order, or other order against the employer, as the
Secretary or Attorney General deems necessary.
``(l) Criminal Penalties for Unlawful and Abusive Employment.--
``(1) In general.--Any person who, during any 12-month
period, knowingly employs or hires, employs, recruits, or
refers for employment 10 or more individuals within the United
States who are under the control and supervision of such
person--
``(A) knowing that the individuals are unauthorized
aliens; and
``(B) under conditions that violate section 5(a) of
the Occupational Safety and Health Act of 1970 (29
U.S.C. 654(a) (relating to occupational safety and
health), section 6 or 7 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206 and 207) (relating to minimum
wages and maximum hours of employment), section 3142 of
title 40, United States Code, (relating to required
wages on construction contracts), or sections 6703 or
6704 of title 41, United States Code, (relating to
required wages on service contracts)
shall be fined under title 18, United States Code, or
imprisoned for not more than 10 years, or both.
``(2) Attempt and conspiracy.--Any person who attempts or
conspires to commit any offense under this section shall be
punished in the same manner as a person who completes the
offense.''.
(b) Report on Use of the System in the Agricultural Industry.--Not
later than 18 months after the date of the enactment of this Act, the
Secretary shall submit to Congress a report that assesses
implementation of the Employment Verification System established under
section 274A(d) of the Immigration and Nationality Act, as amended by
subsection (a), in the agricultural industry, including the use of such
System technology in agriculture industry hiring processes, user,
contractor, and third-party employer agent employment practices, timing
and logistics regarding employment verification and reverification
processes to meet agriculture industry practices, and identification of
potential challenges and modifications to meet the unique needs of the
agriculture industry. Such report shall review--
(1) the modality of access, training and outreach, customer
support, processes for further action notices and secondary
verifications for short-term workers, monitoring, and
compliance procedures for such System;
(2) the interaction of such System with the process to
admit nonimmigrant workers pursuant to section 218 or 218A of
the Immigration and Nationality Act (8 U.S.C. 1188 et seq.) and
with enforcement of the immigration laws; and
(3) the collaborative use of processes of other Federal and
State agencies that intersect with the agriculture industry.
(c) Report on Impact of the System on Employers.--Not later than 18
months after the date of the enactment of this Act, the Secretary shall
submit to Congress a report that assesses--
(1) the implementation of the Employment Verification
System established under section 274A(d) of the Immigration and
Nationality Act, as amended by subsection (a), by employers;
(2) any adverse impact on the revenues, business processes,
or profitability of employers required to use such System; and
(3) the economic impact of such System on small businesses.
(d) Government Accountability Office Study of the Effects of
Document Requirements on Employment Authorized Persons and Employers.--
(1) Study.--The Comptroller General of the United States
shall carry out a study of the effects of the documentary
requirements of section 274A of the Immigration and Nationality
Act, as amended by subsection (a), on employers, nationals of
the United States and individuals with employment authorized
status, and challenges such employers, nationals or individuals
may face in obtaining the documentation required by that
section.
(2) Report.--Not later than 4 years after the enactment of
this Act, the Comptroller General shall submit to Congress a
report containing the findings of the study carried out under
paragraph (1). Such report shall include, at a minimum, the
following:
(A) An assessment of available information
regarding the number of working age nationals of the
United States and individuals who have employment
authorized status who lack documents required for
employment by such section 274A.
(B) A description of the additional steps required
for individuals who have employment authorized status
and do not possess the documents required by such
section 274A to obtain such documents.
(C) A general assessment of the average financial
costs for individuals who have employment authorized
status who do not possess the documents required by
such section 274A to obtain such documents.
(D) A general assessment of the average financial
costs and challenged for employers who have been
required to participate in the Employment Verification
System established by subsection (d) of such section
274A.
(E) A description of the barriers to individuals
who have employment authorized status in obtaining the
documents required by such section 274A, including
barriers imposed by the executive branch of the
Government.
(F) Any particular challenges facing individuals
who have employment authorized status who are members
of a federally recognized Indian tribe in complying
with the provisions of such section 274A.
(e) Repeal of Pilot Programs and E-Verify and Transition
Procedures.--
(1) Repeal.--Sections 401, 402, 403, 404, and 405 of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note)
are repealed.
(2) Transition procedures.--Any employer who was
participating in the E-Verify Program described in section 403
of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a
note), as in effect on the minute before the date of the
enactment of this Act, shall participate in the System
described in subsection (d) of section 274A of the Immigration
and Nationality Act, as amended by subsection (a) to the same
extent and in the same manner that the employer participated in
such E-Verify Program.
(3) Construction.--The repeal made by paragraph (1) may not
be construed to limit the authority of the Secretary to allow
or continue to allow the participation in such System of
employers who have participated in such E-Verify Program, as in
effect on the day before the date of the enactment of this Act.
(f) Conforming Amendment.--Paragraph (3) of section 274(a) (8
U.S.C. 1324(a)) is repealed.
SEC. 3102. INCREASING SECURITY AND INTEGRITY OF SOCIAL SECURITY CARDS.
(a) Fraud-resistant, Tamper-resistant, Wear-resistant, and Identity
Theft-resistant Social Security Cards.--
(1) Issuance.--
(A) Preliminary work.--Not later than 180 days
after the date of the enactment of this title, the
Commissioner of Social Security shall begin work to
administer and issue fraud-resistant, tamper-resistant,
wear-resistant, and identity theft-resistant social
security cards.
(B) Completion.--Not later than 5 years after the
date of enactment of this title, the Commissioner of
Social Security shall issue only social security cards
determined to be fraud-resistant, tamper-resistant,
wear-resistant, and identity theft-resistant social
security cards.
(2) Amendment.--Section 205(c)(2)(G) of the Social Security
Act (42 U.S.C. 405(c)(2)(G)) is amended by striking the second
sentence and inserting the following: ``The social security
card shall be fraud-resistant, tamper-resistant, wear-
resistant, and identity theft-resistant.''.
(3) Appropriation.--Out of any money in the Treasury of the
United States not otherwise appropriated, there is appropriated
to the Commissioner of Social Security an additional amount for
``Limitation on Administrative Expenses'' for the purpose of
carrying out the amendments made by this subsection,
$1,000,000,000 for fiscal year 2014, to remain available until
expended.
(4) Emergency designation for congressional enforcement.--
In the Senate, amounts made available under this subsection are
designated as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
(5) Emergency designation for statutory paygo.--Amounts
made available under this subsection are designated as an
emergency requirement under section 4(g) of the Statutory Pay-
As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)).
(b) Multiple Cards.--Section 205(c)(2)(G) of the Social Security
Act (42 U.S.C. 405(c)(2)(G)), as amended by subsection (a)(2), is
amended--
(1) by inserting ``(i)'' after ``(G)''; and
(2) by adding at the end the following:
``(ii) The Commissioner of Social Security shall restrict the
issuance of multiple replacement social security cards to any
individual to 3 per year and 10 for the life of the individual, except
that the Commissioner may allow for reasonable exceptions from the
limits under this clause on a case-by-case basis in compelling
circumstances.''.
(c) Criminal Penalties.--
(1) Social security fraud.--
(A) In general.--Chapter 47 of title 18, United
States Code, is amended by inserting at the end the
following:
``Sec. 1041. Social security fraud.
``Any person who--
``(1) knowingly possesses or uses a social security account
number or social security card knowing that the number or card
was obtained from the Commissioner of Social Security by means
of fraud or false statement;
``(2) knowingly and falsely represents a number to be the
social security account number assigned by the Commissioner of
Social Security to him or her or to another person, when such
number is known not to be the social security account number
assigned by the Commissioner of Social Security to him or her
or to such other person;
``(3) knowingly, and without lawful authority, buys, sells,
or possesses with intent to buy or sell a social security
account number or a social security card that is or purports to
be a number or card issued by the Commissioner of Social
Security;
``(4) knowingly alters, counterfeits, forges, or falsely
makes a social security account number or a social security
card;
``(5) knowingly uses, distributes, or transfers a social
security account number or a social security card knowing the
number or card to be intentionally altered, counterfeited,
forged, falsely made, or stolen; or
``(6) without lawful authority, knowingly produces or
acquires for any person a social security account number, a
social security card, or a number or card that purports to be a
social security account number or social security card,
shall be fined under this title, imprisoned not more than 5 years, or
both.''.
(B) Table of sections amendment.--The table of
sections for chapter 47 of title 18, United States
Code, is amended by adding after the item relating to
section 1040 the following:
``Sec. 1041. Social security fraud.''.
(2) Information disclosure.--
(A) In general.--Notwithstanding any other
provision of law and subject to subparagraph (B), the
Commissioner of Social Security shall disclose for the
purpose of investigating a violation of section 1041 of
title 18, United States Code, or section 274A, section
274B, or section 274C of the Immigration and
Nationality Act (8 U.S.C. 1324a, 1324b, 1324c),
provided that such request is in writing and from an
officer in a supervisory position or higher official,
the following records of the Social Security
Administration to any Federal law enforcement agency
that requests such records:
(i) Records concerning the identity,
address, location, or financial institution
accounts of the holder of a social security
account number or social security card.
(ii) Records concerning the application for
and issuance of a social security account
number or social security card.
(iii) Records concerning the existence or
nonexistence of a social security account
number or social security card.
(B) Limitation.--The Commissioner of Social
Security shall not disclose any tax return or tax
return information pursuant to subparagraph (A) except
as authorized by section 6103 of the Internal Revenue
Code of 1986.
SEC. 3103. INCREASING SECURITY AND INTEGRITY OF IMMIGRATION DOCUMENTS.
Not later than 1 year after the date of the enactment of this Act,
the Secretary shall submit a report to Congress on the feasibility,
advantages, and disadvantages of including, in addition to a
photograph, other biometric information on each employment
authorization document issued by the Department.
SEC. 3104. RESPONSIBILITIES OF THE SOCIAL SECURITY ADMINISTRATION.
Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is
amended by adding at the end the following new part:
``Part E--Employment Verification
``responsibilities of the commissioner of social security
``Sec. 1186. (a) Confirmation of Employment Verification Data.--As
part of the employment verification system established by the Secretary
of Homeland Security under the provisions of section 274A of the
Immigration and Nationality Act (8 U.S.C. 1324a) (in this section
referred to as the `System'), the Commissioner of Social Security
shall, subject to the provisions of section 274A(d) of the Immigration
and Nationality Act (8 U.S.C. 1324a(d)), establish a reliable, secure
method that, operating through the System and within the time periods
specified in section 274A(d) of such Act--
``(1) compares the name, date of birth, social security
account number, and available citizenship information provided
in an inquiry against such information maintained by the
Commissioner in order to confirm (or not confirm) the validity
of the information provided regarding an individual whose
identity and employment eligibility must be confirmed;
``(2) determines the correspondence of the name, date of
birth, and number;
``(3) determines whether the name and number belong to an
individual who is deceased according to the records maintained
by the Commissioner;
``(4) determines whether an individual is a national of the
United States, as defined in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and
``(5) determines whether the individual has presented a
social security account number that is not valid for
employment.
``(b) Prohibition.--The System shall not disclose or release social
security information to employers through the confirmation system
(other than such confirmation or nonconfirmation, information provided
by the employer to the System, or the reason for the issuance of a
further action notice).''.
SEC. 3105. IMPROVED PROHIBITION ON DISCRIMINATION BASED ON NATIONAL
ORIGIN OR CITIZENSHIP STATUS.
(a) In General.--Section 274B(a) (8 U.S.C. 1324b) is amended to
read as follows:
``(a) Prohibition on Discrimination Based on National Origin or
Citizenship Status.--
``(1) Prohibition on discrimination generally.--It is an
unfair immigration-related employment practice for a person,
other entity, or employment agency, to discriminate against any
individual (other than an unauthorized alien defined in section
274A(b)) because of such individual's national origin or
citizenship status, with respect to the following:
``(A) The hiring of the individual for employment.
``(B) The verification of the individual's
eligibility to work in the United States.
``(C) The discharging of the individual from
employment.
``(2) Exceptions.--Paragraph (1) shall not apply to the
following:
``(A) A person, other entity, or employer that
employs 5 or fewer employees, except for an employment
agency.
``(B) A person's or entity's discrimination because
of an individual's national origin if the
discrimination with respect to that employer, person,
or entity and that individual is covered under section
703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
2), unless the discrimination is related to an
individual's verification of employment authorization.
``(C) Discrimination because of citizenship status
which--
``(i) is otherwise required in order to
comply with a provision of Federal, State, or
local law related to law enforcement;
``(ii) is required by Federal Government
contract; or
``(iii) the Secretary or Attorney General
determines to be essential for an employer to
do business with an agency or department of the
Federal Government or a State, local, or tribal
government.
``(3) Additional exception providing right to prefer
equally qualified citizens.--Notwithstanding any other
provision of this section, it is not an unfair immigration-
related employment practice for an employer (as defined in
section 274A(b)) to prefer to hire, recruit, or refer an
individual who is a citizen or national of the United States
over another individual who is an alien if the 2 individuals
are equally qualified.
``(4) Unfair immigration-related employment practices
relating to the system.--It is also an unfair immigration-
related employment practice for a person, other entity, or
employment agency--
``(A) to discharge or constructively discharge an
individual solely due to a further action notice issued
by the Employment Verification System created by
section 274A until the administrative appeal described
in section 274A(d)(6) is completed;
``(B) to use the System with regard to any person
for any purpose except as authorized by section
274A(d);
``(C) to use the System to reverify the employment
authorization of a current employee, including an
employee continuing in employment, other than
reverification in a situation authorized by regulation
on the date of the enactment of the Border Security,
Economic Opportunity, and Immigration Modernization
Act, reverification upon expiration of employment
authorization, or as otherwise authorized under section
274A(d) or by regulation;
``(D) to use the System selectively for employees,
except where authorized by law;
``(E) to fail to provide to an individual any
notice required in section 274A(d) within the relevant
time period;
``(F) to use the System to deny workers' employment
or post-employment benefits;
``(G) to misuse the System to discriminate based on
national origin or citizenship status;
``(H) to require an employee or prospective
employee to use any self-verification feature of the
System or provide, as a condition of application or
employment, any self-verification results;
``(I) to use an immigration status verification
system, service, or method other than those described
in section 274A for purposes of verifying employment
eligibility; or
``(J) to grant access to document verification or
System data, to any individual or entity other than
personnel authorized to have such access, or to fail to
take reasonable safeguards to protect against
unauthorized loss, use, alteration, or destruction of
System data.
``(5) Prohibition of intimidation or retaliation.--It is
also an unfair immigration-related employment practice for a
person, other entity, or employment agency to intimidate,
threaten, coerce, or retaliate against any individual--
``(A) for the purpose of interfering with any right
or privilege secured under this section; or
``(B) because the individual intends to file or has
filed a charge or a complaint, testified, assisted, or
participated in any manner in an investigation,
proceeding, or hearing under this section.
``(6) Treatment of certain documentary practices as
employment practices.--A person's, other entity's, or
employment agency's request, for purposes of verifying
employment eligibility, for more or different documents than
are required under section 274A, or for specific documents, or
refusing to honor documents tendered that reasonably appear to
be genuine shall be treated as an unfair immigration-related
employment practice.
``(7) Employment agency defined.--In this section, the term
`employment agency' means any employer, person, or entity
regularly undertaking with or without compensation to procure
employees for an employer or to procure for employees
opportunities to work for an employer and includes an agent of
such employer, person, or entity.''.
(b) Referral by EEOC.--Section 274B(b) (8 U.S.C. 1324b(b)) is
amended by adding at the end the following:
``(3) Referral by eeoc.--The Equal Employment Opportunity
Commission shall refer all matters alleging immigration-related
unfair employment practices filed with the Commission,
including those alleging violations of paragraphs (1), (4),
(5), and (6) of subsection (a) to the Special Counsel for
Immigration-Related Unfair Employment Practices of the
Department of Justice.'';
(c) Authorization of Appropriations.--Section 274B(l)(3) (8 U.S.C.
1324b(l)(3)), is amended by striking the period at the end and
inserting ``and an additional $40,000,000 for each of fiscal years 2014
through 2016.''.
(d) Fines.--
(1) In general.--Section 274B(g)(2)(B) (8 U.S.C.
1324b(g)(2)(B)) is amended by striking clause (vi) and
inserting the following:
``(iv) to pay any applicable civil
penalties prescribed below, the amounts of
which may be adjusted periodically to account
for inflation as provided by law--
``(I) except as provided in
subclauses (II) through (IV), to pay a
civil penalty of not less than $2,000
and not more than $5,000 for each
individual subjected to an unfair
immigration-related employment
practice;
``(II) except as provided in
subclauses (III) and (IV), in the case
of an employer, person, or entity
previously subject to a single order
under this paragraph, to pay a civil
penalty of not less than $4,000 and not
more than $10,000 for each individual
subjected to an unfair immigration-
related employment practice;
``(III) except as provided in
subclause (IV), in the case of an
employer, person, or entity previously
subject to more than 1 order under this
paragraph, to pay a civil penalty of
not less than $8,000 and not more than
$25,000 for each individual subjected
to an unfair immigration-related
employment practice; and
``(IV) in the case of an unfair
immigration-related employment practice
described in paragraphs (4) through (6)
of subsection (a), to pay a civil
penalty of not less than $500 and not
more than $2,000 for each individual
subjected to an unfair immigration-
related employment practice.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date that is 1 year after the date of
the enactment of this Act and apply to violations occurring on
or after such date of enactment.
SEC. 3106. RULEMAKING.
(a) Interim Final Regulations.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act--
(A) the Secretary, shall issue regulations
implementing sections 3101, 3104, and 3105, and the
amendments made by such sections; and
(B) the Attorney General shall issue regulations
implementing section 3102 and the amendment made by
such section.
(2) Effective date.--Regulations issued pursuant to
paragraph (1) shall be effective immediately on an interim
basis, but are subject to change and revision after public
notice and opportunity for a period for public comment.
(b) Final Regulations.--Within a reasonable time after publication
of the interim regulations under subsection (a), the Secretary, in
consultation with the Commissioner of Social Security and the Attorney
General, shall publish final regulations implementing this subtitle.
Subtitle B--Protecting United States Workers
SEC. 3201. PROTECTIONS FOR VICTIMS OF SERIOUS VIOLATIONS OF LABOR AND
EMPLOYMENT LAW OR CRIME.
(a) In General.--Section 101(a)(15)(U) (8 U.S.C. 1101(a)(15)(U)) is
amended--
(1) in clause (i)--
(A) by amending subclause (I) to read as follows:
``(I) the alien--
``(aa) has suffered substantial
physical or mental abuse or substantial
harm as a result of having been a
victim of criminal activity described
in clause (iii) or of a covered
violation described in clause (iv); or
``(bb) is a victim of criminal
activity described in clause (iii) or
of a covered violation described in
clause (iv) and would suffer extreme
hardship upon removal;'';
(B) in subclause (II), by inserting ``, or a
covered violation resulting in a claim described in
clause (iv) that is not the subject of a frivolous
lawsuit by the alien'' before the semicolon at the end;
and
(C) by amending subclauses (III) and (IV) to read
as follows:
``(III) the alien (or in the case of an
alien child who is younger than 16 years of
age, the parent, guardian, or next friend of
the alien) has been helpful, is being helpful,
or is likely to be helpful to--
``(aa) a Federal, State, or local
law enforcement official, a Federal,
State, or local prosecutor, a Federal,
State, or local judge, the Department
of Homeland Security, the Equal
Employment Opportunity Commission, the
Department of Labor, or other Federal
or, State, or local authorities
investigating or prosecuting criminal
activity described in clause (iii); or
``(bb) any Federal, State, or local
governmental agency investigating,
prosecuting, or seeking civil remedies
for any cause of action, whether
criminal, civil, or administrative,
arising from a covered violation
described in clause (iv) and presents a
certification from such Federal, State,
or local governmental agency attesting
that the alien has been helpful, is
being helpful, or is likely to be
helpful to such agency in the
investigation, prosecution, or
adjudication arising from a covered
violation described in clause (iv); and
``(IV) the criminal activity described in
clause (iii) or the covered violation described
in clause (iv)--
``(aa) violated the laws of the
United States; or
``(bb) occurred in the United
States (including Indian country and
military installations) or the
territories and possessions of the
United States;'';
(2) in clause (ii)(II), by striking ``and'' at the end;
(3) by moving clause (iii) 2 ems to the left;
(4) in clause (iii)--
(A) by inserting ``stalking, child abuse when the
alien is a minor;'' after ``sexual exploitation;'';
(B) by inserting ``fraud in foreign labor
contracting;'' before ``peonage;''; and
(C) by striking ``or'' at the end and inserting
``and''; and
(5) by adding at the end the following:
``(iv) a covered violation referred to in this clause is--
``(I) a serious violation involving 1 or more of
the following or any similar activity in violation of
any Federal, State, or local law, serious workplace
abuse, exploitation, retaliation, or violation of
whistleblower protections;
``(II) a violation giving rise to a civil cause of
action under section 1595 of title 18, United States
Code; or
``(III) a violation resulting in the deprivation of
due process or constitutional rights.''.
(b) Savings Provision.--Nothing in section 101(a)(15)(U)(iv)(III)
of the Immigration and Nationality Act, as added by subsection (a), may
be construed as altering the definition of retaliation or
discrimination under any other provision of law.
(c) Temporary Stay of Removal.--Section 274A (8 U.S.C. 1324a), as
amended by section 3101, is further amended--
(1) in subsection (e) by adding at the end the following:
``(10) Conduct in enforcement actions.--If the Secretary
undertakes an enforcement action at a facility about which a
bona fide workplace claim has been filed or is
contemporaneously filed, or as a result of information provided
to the Secretary in retaliation against employees for
exercising their rights related to a bona fide workplace claim,
the Secretary shall ensure that--
``(A) any aliens arrested or detained who are
necessary for the investigation or prosecution of a
bona fide workplace claim violations or criminal
activity (as described in subparagraph (T) or (U) of
section 101(a)(15)) are not removed from the United
States until after the Secretary--
``(i) notifies the appropriate law
enforcement agency with jurisdiction over such
violations or criminal activity; and
``(ii) provides such agency with the
opportunity to interview such aliens;
``(B) no aliens entitled to a stay of removal or
abeyance of removal proceedings under this section are
removed; and
``(C) the Secretary shall stay the removal of an
alien who--
``(i) has filed a covered violation
described in clause (iv) of section
101(a)(15)(U) and is the victim of the same
violations under an existing investigation;
``(ii) is a material witness in any pending
or anticipated proceeding involving a bona fide
workplace claim or civil rights claim; or
``(iii) has filed for relief under such
section if the alien has is working with law
enforcement as described in clause (i)(III) of
such section.''; and
(2) by adding at the end the following:
``(m) Victims of Criminal Activity or Labor and Employment
Violations.--The Secretary of Homeland Security may permit an alien to
remain temporarily in the United States and authorize the alien to
engage in employment in the United States if the Secretary determines
that the alien--
``(1) has filed for relief under section 101(a)(15)(U); or
``(2)(A) has filed, or is a material witness to, a bona
fide claim or proceedings resulting from a covered violation
(as defined in section 101(a)(15)(U)(iv)); and
``(B) has been helpful, is being helpful, or is likely to
be helpful, in the investigation, prosecution of, or pursuit of
civil remedies related to the claim arising from a covered
violation, to--
``(i) a Federal, State, or local law enforcement
official;
``(ii) a Federal, State, or local prosecutor;
``(iii) a Federal, State, or local judge;
``(iv) the Department of Homeland Security;
``(v) the Equal Employment Opportunity Commission;
or
``(vi) the Department of Labor.''.
(d) Conforming Amendments.--Section 214(p) (8 U.S.C. 1184(p)) is
amended--
(1) in paragraph (1), by striking ``in section
101(a)(15)(U)(iii).'' both places it appears and inserting ``in
clause (iii) of section 101(a)(15)(U) or investigating,
prosecuting, or seeking civil remedies for claims resulting
from a covered violation described in clause (iv) of such
section.''; and
(2) in the first sentence of paragraph (6)--
(A) by striking ``in section 101(a)(15)(U)(iii)''
and inserting ``in clause (iii) of section
101(a)(15)(U) or claims resulting from a covered
violation described in clause (iv) of such section'';
and
(B) by inserting ``or claim arising from a covered
violation'' after ``prosecution of such criminal
activity''.
(e) Modification of Limitation on Authority To Adjust Status for
Victims of Crimes.--Section 245(m)(1) (8 U.S.C. 1255(m)(1)) is amended,
in the matter before subparagraph (A), by inserting ``or an
investigation or prosecution regarding a workplace or civil rights
claim'' after ``prosecution''.
(f) Expansion of Limitation on Sources of Information That May Be
Used To Make Adverse Determinations.--
(1) In general.--Section 384(a)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1367(a)(1)) is amended--
(A) in each of subparagraphs (A) through (D), by
striking the comma at the end and inserting a
semicolon;
(B) subparagraph (E), by striking ``the criminal
activity,'' and inserting ``abuse and the criminal
activity or bona fide workplace claim (as defined in
subsection (e));'';
(C) in subparagraph (F), by striking ``, the
trafficker or perpetrator,'' and inserting ``), the
trafficker or perpetrator; or''; and
(D) by inserting after subparagraph (F) the
following:
``(G) the alien's employer,''.
(2) Workplace claim defined.--Section 384 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1367) is amended by adding at the end the following:
``(e) Workplace Claims.--
``(1) Workplace claims defined.--
``(A) In general.--In section (a)(1), the term
`workplace claim' means any claim, petition, charge,
complaint, or grievance filed with, or submitted to, a
Federal, State, or local agency or court, relating to
the violation of applicable Federal, State, or local
labor or employment laws.
``(B) Constructions.--Subparagraph (A) may not be
construed to alter what constitutes retaliation or
discrimination under any other provision of law.
``(2) Penalty for false claims.--Any person who knowingly
presents a false or fraudulent claim to a law enforcement
official in relation to a covered violation for the purpose of
obtaining a benefit under this section shall be subject to a
civil penalty of not more than $1,000.
``(3) Limitation on stay of adverse determinations.--In the
case of an alien applying for status under section
101(a)(15)(U) of the Immigration and Nationality Act and
seeking relief under this section, the prohibition on adverse
determinations under subsection (a) shall expire on the date
that the alien's application for status under such section is
denied and all opportunities for appeal of the denial have been
exhausted.''.
(g) Removal Proceedings.--Section 239(e) (8 U.S.C. 1229(e)) is
amended--
(1) in paragraph (1)--
(A) by striking ``In cases where'' and inserting
``If''; and
(B) by striking ``paragraph (2),'' and inserting
``paragraph (2) or as a result of information provided
to the Secretary of Homeland Security in retaliation
against individuals for exercising or attempting to
exercise their employment rights or other legal
rights,''; and
(2) in paragraph (2), by adding at the end the following:
``(C) At a facility about which a bona fide
workplace claim has been filed or is contemporaneously
filed.''.
SEC. 3202. EMPLOYMENT VERIFICATION SYSTEM EDUCATION FUNDING.
(a) Disposition of Civil Penalties.--Penalties collected under
subsections (e)(4) and (f)(3) of section 274A of the Immigration and
Nationality Act, amended by section 3101, shall be deposited, as
offsetting receipts, into the Comprehensive Immigration Reform Trust
Fund established under section 6(a)(1).
(b) Expenditures.--Amounts deposited into the Trust Fund under
subsection (a) shall be made available to the Secretary to provide
education to employers and employees regarding the requirements,
obligations, and rights under the Employment Verification System.
(c) Determination of Budgetary Effects.--
(1) Emergency designation for congressional enforcement.--
In the Senate, amounts made available under this section are
designated as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
(2) Emergency designation for statutory paygo.--Amounts
made available under this section are designated as an
emergency requirement under section 4(g) of the Statutory Pay-
As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)).
SEC. 3203. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.
(a) In General.--Pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with subsection (b),
the United States Sentencing Commission shall promulgate sentencing
guidelines or amend existing sentencing guidelines to modify, if
appropriate, the penalties imposed on persons convicted of offenses
under--
(1) section 274A of the Immigration and Nationality Act (8
U.S.C. 1324a), as amended by section 3101;
(2) section 16 of the Fair Labor Standards Act of 1938 (29
U.S.C. 216); and
(3) any other Federal law covering similar conduct.
(b) Requirements.--In carrying out subsection (a), the Sentencing
Commission shall provide sentencing enhancements for any person
convicted of an offense described in subsection (a) if such offense
involves--
(1) the intentional confiscation of identification
documents;
(2) corruption, bribery, extortion, or robbery;
(3) sexual abuse;
(4) serious bodily injury;
(5) an intent to defraud; or
(6) a pattern of conduct involving multiple violations of
law that--
(A) creates, through knowing and intentional
conduct, a risk to the health or safety of any victim;
or
(B) denies payments due to victims for work
completed.
SEC. 3204. CONFIDENTIALITY FOR VICTIMS OF CRIME.
Section 384 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1367) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``in no case may''; and
(ii) by inserting ``or, with respect to
subparagraphs (E) and (F) and paragraph (2),
any other official or employee of a certifying
agency, may not'' after ``Departments)''; and
(B) in paragraph (2), by striking ``who is a
beneficiary of an application'' and inserting
``applying for''; and
(2) in subsection (b)--
(A) in paragraph (4), by striking ``battered''; and
(B) by adding at the end the following:
``(8)(A) Subsection (a)(2) may not be construed to prevent
the disclosure of--
``(i) information that prosecutors are
constitutionally obligated to disclose to provide
statements by witnesses and certain other documents to
defendants in a pending Federal criminal proceeding; or
``(ii) information in a civil proceeding in which a
judge orders that such information be disclosed in
connection with a witness testifying in such
proceeding.
``(B) All information disclosed during litigation pursuant
to the exception set forth in this paragraph for any purpose
other than the purpose ordered in the proceeding--
``(i) may not be disclosed to any nonrequired
party;
``(ii) shall be filed under seal, with all
personally identifying information redacted except the
witness's first name; and
``(iii) shall be returned to the disclosing party
at the conclusion of the proceeding.''.
Subtitle C--Other Provisions
SEC. 3301. FUNDING.
(a) Establishment of the Interior Enforcement Account.--There is
hereby established in the Treasury of the United States an account
which shall be known as the Interior Enforcement Account.
(b) Appropriations.--There are authorized to be appropriated to the
Interior Enforcement Account $1,000,000,000 to carry out this title and
the amendments made by this title, including the following
appropriations:
(1) In each of the 5 years beginning on the date of the
enactment of this Act, the appropriations necessary to increase
to a level not less than 5,000, by the end of such 5-year
period, the total number of personnel of the Department
assigned exclusively or principally to an office or offices in
U.S. Citizenship and Immigration Services and U.S. Immigration
and Customs Enforcement (and consistent with the missions of
such agencies), dedicated to administering the System, and
monitoring and enforcing compliance with sections 274A, 274B,
and 274C of the Immigration and Nationality Act (8 U.S.C.
1324a, 1324b, and 1324c), including compliance with the
requirements of the Electronic Verification System established
under section 274A(d) of the Immigration and Nationality Act (8
U.S.C. 1324a(d)), as amended by section 3101. Such personnel
shall perform compliance and monitoring functions, including
the following:
(A) Verify compliance of employers participating in
such System with the requirements for participation
that are prescribed by the Secretary.
(B) Monitor such System for multiple uses of social
security account numbers and immigration identification
numbers that could indicate identity theft or fraud.
(C) Monitor such System to identify discriminatory
or unfair practices.
(D) Monitor such System to identify employers who
are not using such System properly, including employers
who fail to make available appropriate records with
respect to their queries and any notices of
confirmation, nonconfirmation, or further action.
(E) Identify instances in which an employee alleges
that an employer violated the employee's privacy or
civil rights, or misused such System, and create
procedures for an employee to report such an
allegation.
(F) Analyze and audit the use of such System and
the data obtained through such System to identify fraud
trends, including fraud trends across industries,
geographical areas, or employer size.
(G) Analyze and audit the use of such System and
the data obtained through such System to develop
compliance tools as necessary to respond to changing
patterns of fraud.
(H) Provide employers with additional training and
other information on the proper use of such System,
including training related to privacy and employee
rights.
(I) Perform threshold evaluation of cases for
referral to the Special Counsel for Immigration-Related
Unfair Employment Practices of the Department of
Justice or the Equal Employment Opportunity Commission,
and other officials or agencies with responsibility for
enforcing anti-discrimination, civil rights, privacy,
or worker protection laws, as may be appropriate.
(J) Any other compliance and monitoring activities
that the Secretary determines are necessary to ensure
the functioning of such System.
(K) Investigate identity theft and fraud detected
through such System and undertake the necessary
enforcement or referral actions.
(L) Investigate use of or access to fraudulent
documents and undertake the necessary enforcement
actions.
(M) Perform any other investigations that the
Secretary determines are necessary to ensure the lawful
functioning of such System, and undertake any
enforcement actions necessary as a result of such
investigations.
(2) The appropriations necessary to acquire, install, and
maintain technological equipment necessary to support the
functioning of such System and the connectivity between U.S.
Citizenship and Immigration Services and U.S. Immigration and
Customs Enforcement, the Department of Justice, and other
agencies or officials with respect to the sharing of
information to support such System and related immigration
enforcement actions.
(3) The appropriations necessary to establish a robust
redress process for employees who wish to appeal contested
nonconfirmations to ensure the accuracy and fairness of such
System.
(4) The appropriations necessary to provide a means by
which individuals may access their own employment authorization
data to ensure the accuracy of such data, independent of an
individual's employer.
(5) To carry out the identity authentication mechanisms
described in section 274A(c)(1)(F) of the Immigration and
Nationality Act, as amended by section 3101(a).
(6) The appropriations necessary for the Office for Civil
Rights and Civil Liberties and the Office of Privacy of the
Department to perform the responsibilities of such Offices
related to such System.
(7) The appropriations necessary to make grants to States
to support the States in assisting the Federal Government in
carrying out the provisions of this title and the amendments
made by this title.
(c) Authorization of Appropriations to the Commissioner of Social
Security.--
(1) In general.--There are authorized to be appropriated to
the Commissioner of Social Security such sums as may be
necessary to carry out the provisions of this title and the
amendments made by this title.
(2) Prohibition on use of trust funds.--In no case shall
the Commissioner expend funds from the Old Age and Survivors
Trust Fund or the Disability Trust Fund for expenses related to
administration of this title or the amendments made by this
title.
(d) Authorization of Appropriations to the Attorney General.--There
are authorized to be appropriated to the Attorney General such sums as
may be necessary to carry out the provisions of this title and the
amendments made by this title, including enforcing compliance with
section 274B of the Immigration and Nationality Act, as amended by
section 3105 of this Act.
(e) Authorization of Appropriations to the Secretary of State.--
There are authorized to be appropriated to the Secretary of State such
sums as may be necessary to carry out the provisions of this title and
the amendments made by this title.
SEC. 3302. EFFECTIVE DATE.
Except as otherwise specifically provided, this title and the
amendments made by this title shall take effect on the date of the
enactment of this Act.
SEC. 3303. MANDATORY EXIT SYSTEM.
(a) Establishment.--Not later than December 31, 2015, the Secretary
shall establish a mandatory exit data system that shall include a
requirement for the collection of data from machine-readable visas,
passports, and other travel and entry documents for all categories of
aliens who are exiting from air and sea ports of entry.
(b) Integration and Interoperability.--
(1) Integration of data system.--The Secretary shall fully
integrate all data from databases and data systems that process
or contain information on aliens, which are maintained by--
(A) the Department, at--
(i) the U.S. Immigration and Customs
Enforcement;
(ii) the U.S. Customs and Border
Protection; and
(iii) the U.S. Citizenship and Immigration
Services;
(B) the Department of Justice, at the Executive
Office for Immigration Review; and
(C) the Department of State, at the Bureau of
Consular Affairs.
(2) Interoperable component.--The fully integrated data
system under paragraph (1) shall be an interoperable component
of the exit data system.
(3) Interoperable data system.--The Secretary shall fully
implement an interoperable electronic data system to provide
current and immediate access to information in the databases of
Federal law enforcement agencies and the intelligence community
that is relevant to determine--
(A) whether to issue a visa; or
(B) the admissibility or deportability of an alien.
(4) Training.--The Secretary shall establish ongoing
training modules on immigration law to improve adjudications at
United States ports of entry, consulates, and embassies.
SEC. 3304. IDENTITY-THEFT RESISTANT MANIFEST INFORMATION FOR
PASSENGERS, CREW, AND NON-CREW ONBOARD DEPARTING AIRCRAFT
AND VESSELS.
(a) Definitions.--Except as otherwise specifically provided, in
this section:
(1) Identity-theft resistant collection location.--The term
``identity-theft resistant collection location'' means a
location within an airport or seaport--
(A) within the path of the departing alien, such
that the alien would not need to significantly deviate
from that path to comply with exit requirements at
which air or vessel carrier employees, as applicable,
either present or routinely available if an alien needs
processing assistance; and
(B) which is equipped with technology that is able
to securely transmit identity-theft resistant departure
manifest information to the Department.
(2) US-VISIT.--The term ``US-VISIT'' means the United
States-Visitor and Immigrant Status Indicator Technology
system.
(b) Identity Theft Resistant Manifest Information.--
(1) Passport or visa collection requirement.--Except as
provided in paragraph (c), an appropriate official of each
commercial aircraft or vessel departing from the United States
to any port or place outside the United States shall ensure
transmission to U.S. Customs and Border Protection of identity-
theft resistant departure manifest information covering alien
passengers, crew, and non-crew. Such identity-theft resistant
departure manifest information--
(A) shall be transmitted to U.S. Customs and Border
Protection at the place and time specified in
subparagraph (3) by means approved by the Secretary;
and
(B) shall set forth the information specified in
paragraph (4) or other information as required by the
Secretary.
(2) Manner of collection.--Carriers boarding alien
passengers, crew, and non-crew subject to the requirement to
provide information upon departure US-VISIT processing shall
collect identity-theft resistant departure manifest information
from each alien at a collection location at the airport or
seaport before boarding that alien on transportation for
departure from the United States, at a time close to the
originally scheduled departure of that passenger's aircraft or
sea vessel as practicable.
(3) Time and manner of submission.--
(A) In general.--The appropriate official specified
in paragraph (1) shall ensure transmission of the
identity-theft resistant departure manifest information
required and collected under paragraphs (1) and (2) to
the Data Center or Headquarters U.S. Customs and Border
Protection, or such other data center as may be
designated.
(B) Transmission.--The biometric departure
information may be transmitted to the Department over
any means of communication authorized by the Secretary
for the transmission of other electronic manifest
information containing personally identifiable
information and under transmission standards currently
applicable to other electronic manifest information.
(C) Submission along with other information.--Files
containing the identity-theft resistant departure
manifest information--
(i) may be sent with other electronic
manifest data prior to departure or may be sent
separately from any topically related
electronic manifest data; and
(ii) may be sent in batch mode.
(4) Information required.--The identity-theft resistant
departure information required under paragraphs (1) through (3)
for each covered passenger or crew member shall contain alien
data from machine-readable visas, passports, and other travel
and entry documents issued to the alien.
(c) Exception.--The identity-theft resistant departure manifest
information specified in this section is not required for any alien
active duty military personnel traveling as passengers on board a
departing Department of Defense commercial chartered aircraft.
(d) Carrier Maintenance and Use of Identity-theft Resistant
Departure Manifest Information.--Carrier use of identity-theft
resistant departure manifest information for purposes other than as
described in standards set by the Secretary is prohibited. Carriers
shall immediately notify the Chief Privacy Officer of the Department in
writing in event of unauthorized use or access, or breach, of identity-
theft resistant departure manifest information.
(e) Collection at Specified Location.--If the Secretary determines
that an air or vessel carrier has not adequately complied with the
provisions of this section, the Secretary may, in the Secretary's
discretion, require the air or vessel carrier to collect identity-theft
resistant departure manifest information at a specific location prior
to the issuance of a boarding pass or other document on the
international departure, or the boarding of crew, in any port through
which the carrier boards aliens for international departure under the
supervision of the Secretary for such period as the Secretary considers
appropriate to ensure the adequate collection and transmission of
biometric departure manifest information.
(f) Funding.--There shall be appropriated to the Interior
Enforcement Account $500,000,000 to reimburse carriers for their
reasonable actual expenses in carrying out their duties as described in
this section.
(g) Determination of Budgetary Effects.--
(1) Emergency designation for congressional enforcement.--
In the Senate, amounts made available under this section are
designated as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
(2) Emergency designation for statutory paygo.--Amounts
made available under this section are designated as an
emergency requirement under section 4(g) of the Statutory Pay-
As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)).
SEC. 3305. PROFILING.
(a) Prohibition.--In making routine or spontaneous law enforcement
decisions, such as ordinary traffic stops, Federal law enforcement
officers may not use race or ethnicity to any degree, except that
officers may rely on race and ethnicity if a specific suspect
description exists.
(b) Exceptions.--
(1) In conducting activities in connection with a specific
investigation, Federal law enforcement officers may consider
race and ethnicity only to the extent that there is trustworthy
information, relevant to the locality or time frame, that links
persons of a particular race or ethnicity to an identified
criminal incident, scheme, or organization. This standard
applies even where the use of race or ethnicity might otherwise
be lawful.
(2) In investigating or preventing threats to national
security or other catastrophic events (including the
performance of duties related to air transportation security),
or in enforcing laws protecting the integrity of the Nation's
borders, Federal law enforcement officers may not consider race
or ethnicity except to the extent permitted by the Constitution
and laws of the United States.
(3) Defined term.--In this section, the term ``Federal law
enforcement officer'' means any officer, agent, or employee of
the United States authorized by law or by a Government agency
to engage in or supervise the prevention, detection,
investigation, or prosecution of any violation of Federal law.
(b) Study and Regulations.--
(1) Data collection.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall begin
collecting data regarding the individualized immigration
enforcement activities of covered Department of Homeland
Security officers.
(2) Study.--Not later than 180 days after data collection
under paragraph (1) commences, the Secretary shall complete a
study analyzing the data.
(3) Regulations.--Not later than 90 days after the date the
study required by paragraph (2) is completed, the Secretary, in
consultation with the Attorney General, shall issue regulations
regarding the use of race, ethnicity, and any other suspect
classifications the Secretary deems appropriate by covered
Department of Homeland Security officers.
(4) Reports.--Not later than 30 days after completion of
the study required by paragraph (2), the Secretary shall submit
the study to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Homeland Security of the House
of Representatives;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Appropriations of the House of
Representatives;
(E) the Committee on the Judiciary of the Senate;
and
(F) the Committee on the Judiciary of the House of
Representatives.
(5) Defined term.--In this subsection, the term ``covered
Department of Homeland Security officer'' means any officer,
agent, or employee of United States Customs and Border
Protection, United States Immigration and Customs Enforcement,
or the Transportation Security Administration.
Subtitle D--Asylum and Refugee Provisions
SEC. 3401. TIME LIMITS AND EFFICIENT ADJUDICATION OF GENUINE ASYLUM
CLAIMS.
Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amended--
(1) in subparagraph (A), by inserting ``or the Secretary of
Homeland Security'' after ``Attorney General'' both places such
term appears;
(2) by striking subparagraphs (B) and (D);
(3) by redesignating subparagraph (C) as subparagraph (B);
(4) in subparagraph (B), as redesignated, by striking
``subparagraph (D)'' and inserting ``subparagraphs (C) and
(D)''; and
(5) by inserting after subparagraph (B), as redesignated,
the following:
``(C) Changed circumstances.--Notwithstanding
subparagraph (B), an application for asylum of an alien
may be considered if the alien demonstrates, to the
satisfaction of the Attorney General or the Secretary
of Homeland Security, the existence of changed
circumstances that materially affect the applicant's
eligibility for asylum.
``(D) Motion to reopen certain meritorious
claims.--Notwithstanding subparagraph (B) or section
240(c)(7), an alien may file a motion to reopen an
asylum claim during the 2-year period beginning on the
date of the enactment of the Border Security, Economic
Opportunity, and Immigration Modernization Act if the
alien--
``(i) was denied asylum based solely upon a
failure to meet the 1-year application filing
deadline in effect on the date on which the
application was filed;
``(ii) was granted withholding of removal
pursuant to section 241(b)(3) and has not
obtained lawful permanent residence in the
United States pursuant to any other provision
of law;
``(iii) is not subject to the safe third
country exception in subsection (a)(2)(A) or a
bar to asylum under subsection (b)(2) and
should not be denied asylum as a matter of
discretion; and
``(iv) is physically present in the United
States when the motion is filed.''.
SEC. 3402. REFUGEE FAMILY PROTECTIONS.
(a) Children of Refugee or Asylee Spouses and Children.--A child of
an alien who qualifies for admission as a spouse or child under section
207(c)(2)(A) or 208(b)(3) of the Immigration and Nationality Act (8
U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to the same
admission status as such alien if the child--
(1) is accompanying or following to join such alien; and
(2) is otherwise eligible under section 207(c)(2)(A) or
208(b)(3) of the Immigration and Nationality Act.
SEC. 3403. CLARIFICATION ON DESIGNATION OF CERTAIN REFUGEES.
Section 207(c)(1) (8 U.S.C. 1157(c)(1)) is amended--
(1) by inserting ``(A)'' before ``Subject to the numerical
limitations''; and
(2) by adding at the end the following:
``(B)(i) The President, upon a recommendation of the Secretary of
State made in consultation with the Secretary of Homeland Security, and
after appropriate consultation, may designate specifically defined
groups of aliens--
``(I) whose resettlement in the United States is justified
by humanitarian concerns or is otherwise in the national
interest; and
``(II) who--
``(aa) share common characteristics that identify
them as targets of persecution on account of race,
religion, nationality, membership in a particular
social group, or political opinion; or
``(bb) having been identified as targets as
described in item (aa), share a common need for
resettlement due to a specific vulnerability.
``(ii) An alien who establishes membership in a group designated
under clause (i) to the satisfaction of the Secretary of Homeland
Security shall be considered a refugee for purposes of admission as a
refugee under this section unless the Secretary determines that such
alien ordered, incited, assisted, or otherwise participated in the
persecution of any person on account of race, religion, nationality,
membership in a particular social group, or political opinion.
``(iii) A designation under clause (i) is for purposes of
adjudicatory efficiency and may be revoked by the President at any time
after notification to Congress.
``(iv) Categories of aliens established under section 599D of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990 (Public Law 101-167; 8 U.S.C. 1157 note)--
``(I) shall be designated under clause (i) until the end of
the first fiscal year commencing after the date of the
enactment of the Border Security, Economic Opportunity, and
Immigration Modernization Act; and
``(II) shall be eligible for designation thereafter at the
discretion of the President, considering, among other factors,
whether a country under consideration has been designated by
the Secretary of State as a `Country of Particular Concern' for
engaging in or tolerating systematic, ongoing, and egregious
violations of religious freedom.
``(v) A designation under clause (i) shall not influence decisions
to grant, to any alien, asylum under section 208, protection under
section 241(b)(3), or protection under the Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at
New York December 10, 1984.
``(vi) A decision to deny admission under this section to an alien
who establishes to the satisfaction of the Secretary that the alien is
a member of a group designated under clause (i) shall--
``(I) be in writing; and
``(II) state, to the maximum extent feasible, the reason
for the denial.
``(vii) Refugees admitted pursuant to a designation under clause
(i) shall be subject to the number of admissions under this section.''.
SEC. 3404. ASYLUM DETERMINATION EFFICIENCY.
Section 235(b)(1)(B)(ii) (8 U.S.C. 1225(b)(1)(B)(ii)) is amended--
(1) by striking ``asylum.'' and inserting ``asylum by an
asylum officer. The asylum officer, after conducting a
nonadversarial asylum interview and seeking supervisory review,
may grant asylum to the alien under section 208 or refer the
case to a designee of the Attorney General, for a de novo
asylum determination, for relief under the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York December 10, 1984, or for
protection under section 241(b)(3).''.
SEC. 3405. STATELESS PERSONS IN THE UNITED STATES.
(a) In General.--Chapter 1 of title II (8 U.S.C. 1151 et seq.) is
amended by adding at the end the following:
``SEC. 210A. PROTECTION OF CERTAIN STATELESS PERSONS IN THE UNITED
STATES.
``(a) Stateless Persons.--
``(1) In general.--In this section, the term `stateless
person' means an individual who is not considered a national
under the operation of the laws of any country.
``(2) Designation of specific stateless groups.--The
Secretary of Homeland Security, in consultation with the
Secretary of State, may, in the discretion of the Secretary,
designate specific groups of individuals who are considered
stateless persons, for purposes of this section.
``(b) Status of Stateless Persons.--
``(1) Relief for certain individuals determined to be
stateless persons.--The Secretary of Homeland Security or the
Attorney General may, in his or her discretion, provide
conditional lawful status to an alien who is otherwise
inadmissible or deportable from the United States if the
alien--
``(A) is a stateless person present in the United
States;
``(B) applies for such relief;
``(C) has not lost his or her nationality as a
result of his or her voluntary action or knowing
inaction after arrival in the United States;
``(D) except as provided in paragraphs (2) and (3),
is not inadmissible under section 212(a); and
``(E) is not described in section 241(b)(3)(B)(i).
``(2) Inapplicability of certain provisions.--The
provisions under paragraphs (4), (5), (7), and (9)(B) of
section 212(a) shall not apply to any alien seeking relief
under paragraph (1).
``(3) Waiver.--The Secretary or the Attorney General may
waive any other provisions of such section, other than
subparagraphs (B), (C), (D)(ii), (E), (G), (H), or (I) of
paragraph (2), paragraph (3), paragraph (6)(C)(i) (with respect
to misrepresentations relating to the application for relief
under paragraph (1)), or subparagraphs (A), (C), (D), or (E) of
paragraph (10) of section 212(a), with respect to such an alien
for humanitarian purposes, to assure family unity, or if it is
otherwise in the public interest.
``(4) Submission of passport or travel document.--Any alien
who seeks relief under this section shall submit to the
Secretary of Homeland Security or the Attorney General--
``(A) any available passport or travel document
issued at any time to the alien (whether or not the
passport or document has expired or been cancelled,
rescinded, or revoked); or
``(B) an affidavit, sworn under penalty of
perjury--
``(i) stating that the alien has never been
issued a passport or travel document; or
``(ii) identifying with particularity any
such passport or travel document and explaining
why the alien cannot submit it.
``(5) Work authorization.--The Secretary of Homeland
Security may authorize an alien who has applied for and is
found prima facie eligible for or been granted relief under
paragraph (1) to engage in employment in the United States.
``(6) Travel documents.--The Secretary may issue
appropriate travel documents to an alien who has been granted
relief under paragraph (1) that would allow him or her to
travel abroad and be admitted to the United States upon return,
if otherwise admissible.
``(7) Treatment of spouse and children.--The spouse or
child of an alien who has been granted conditional lawful
status under paragraph (1) shall, if not otherwise eligible for
admission under paragraph (1), be granted conditional lawful
status under this section if accompanying, or following to
join, such alien if--
``(A) the spouse or child is admissible (except as
otherwise provided in paragraphs (2) and (3)) and is
not described in section 241(b)(3)(B)(i); and
``(B) the qualifying relationship to the principal
beneficiary existed on the date on which such alien was
granted conditional lawful status.
``(c) Adjustment of Status.--
``(1) Inspection and examination.--At the end of the 1-year
period beginning on the date on which an alien has been granted
conditional lawful status under subsection (b), the alien may
apply for lawful permanent residence in the United States if--
``(A) the alien has been physically present in the
United States for at least 1 year;
``(B) the alien's conditional lawful status has not
been terminated by the Secretary of Homeland Security
or the Attorney General, pursuant to such regulations
as the Secretary or the Attorney General may prescribe;
and
``(C) the alien has not otherwise acquired
permanent resident status.
``(2) Requirements for adjustment of status.--The Secretary
of Homeland Security or the Attorney General, under such
regulations as the Secretary or the Attorney General may
prescribe, may adjust the status of an alien granted
conditional lawful status under subsection (b) to that of an
alien lawfully admitted for permanent residence if such alien--
``(A) is a stateless person;
``(B) properly applies for such adjustment of
status;
``(C) has been physically present in the United
States for at least 1 year after being granted
conditional lawful status under subsection (b);
``(D) is not firmly resettled in any foreign
country; and
``(E) is admissible (except as otherwise provided
under paragraph (2) or (3) of subsection (b)) as an
immigrant under this chapter at the time of examination
of such alien for adjustment of status.
``(3) Record.--Upon approval of an application under this
subsection, the Secretary of Homeland Security or the Attorney
General shall establish a record of the alien's admission for
lawful permanent residence as of the date that is 1 year before
the date of such approval.
``(4) Numerical limitation.--The number of aliens who may
receive an adjustment of status under this section for a fiscal
year shall be subject to the numerical limitation of section
203(b)(4).
``(d) Proving the Claim.--In determining an alien's eligibility for
lawful conditional status or adjustment of status under this
subsection, the Secretary of Homeland Security or the Attorney General
shall consider any credible evidence relevant to the application. The
determination of what evidence is credible and the weight to be given
that evidence shall be within the sole discretion of the Secretary or
the Attorney General.
``(e) Review.--
``(1) Administrative review.--No appeal shall lie from the
denial of an application by the Secretary, but such denial will
be without prejudice to the alien's right to renew the
application in proceedings under section 240.
``(2) Motions to reopen.--Notwithstanding any limitation
imposed by law on motions to reopen removal, deportation, or
exclusion proceedings, any individual who is eligible for
relief under this section may file a motion to reopen
proceedings in order to apply for relief under this section.
Any such motion shall be filed within 2 years of the date of
the enactment of the Border Security, Economic Opportunity, and
Immigration Modernization Act.
``(f) Limitation.--
``(1) Applicability.--The provisions of this section shall
only apply to aliens present in the United States.
``(2) Savings provision.--Nothing in this section may be
construed to authorize or require--
``(A) the admission of any alien to the United
States;
``(B) the parole of any alien into the United
States; or
``(C) the grant of any motion to reopen or
reconsider filed by an alien after departure or removal
from the United States.''.
(b) Judicial Review.--Section 242(a)(2)(B)(ii) (8 U.S.C.
1252(a)(2)(B)(ii)) is amended by striking ``208(a).'' and inserting
``208(a) or 210A.''.
(c) Conforming Amendment.--Section 203(b)(4) (8 U.S.C. 1153(b)(4))
is amended by inserting ``to aliens granted an adjustment of status
under section 210A(c) or'' after ``level,''.
(d) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act is amended by inserting after the item relating to
section 210 the following:
``Sec. 210A. Protection of stateless persons in the United States.''.
SEC. 3406. U VISA ACCESSIBILITY.
Section 214(p)(2)(A) (8 U.S.C. 1184(p)(2)(A)) is amended by
striking ``10,000.'' and inserting ``18,000, of which not more than
3,000 visas may be issued for aliens who are victims of a covered
violation described in section 101(a)(15)(U).''.
SEC. 3407. REPRESENTATION AT OVERSEAS REFUGEE INTERVIEWS.
Section 207(c) (8 U.S.C. 1157(c)) is amended by adding at the end
the following:
``(5) The adjudicator of an application for refugee status
under this section shall consider all relevant evidence and
maintain a record of the evidence considered.
``(6) An applicant for refugee status may be represented,
including at a refugee interview, at no expense to the
Government, by an attorney or accredited representative who--
``(A) was chosen by the applicant; and
``(B) is authorized by the Secretary of Homeland
Security to be recognized as the representative of such
applicant in an adjudication under this section.
``(7)(A) A decision to deny an application for refugee
status under this section--
``(i) shall be in writing; and
``(ii) shall provide, to the maximum extent
feasible, information on the reason for the denial,
including--
``(I) the facts underlying the
determination; and
``(II) whether there is a waiver of
inadmissibility available to the applicant.
``(B) The basis of any negative credibility finding shall
be part of the written decision.
``(8)(A) An applicant who is denied refugee status under
this section may file a request with the Secretary for a review
of his or her application not later than 120 days after such
denial.
``(B) A request filed under subparagraph (A) shall be
adjudicated by refugee officers who have received training on
considering requests for review of refugee applications that
have been denied.
``(C) The Secretary shall publish the standard applied to a
request for review.
``(D) A request for review may result in the decision being
granted, denied, or reopened for a further interview.
``(E) A decision on a request for review under this
paragraph--
``(i) shall be in writing; and
``(ii) shall provide, to the maximum extent
feasible, information on the reason for the denial.''.
Subtitle E--Shortage of Immigration Court Resources for Removal
Proceedings
SEC. 3501. SHORTAGE OF IMMIGRATION COURT PERSONNEL FOR REMOVAL
PROCEEDINGS.
(a) Immigration Court Judges.--The Attorney General shall increase
the total number of immigration judges to adjudicate current pending
cases and efficiently process future cases by at least--
(1) 75 in fiscal year 2014;
(2) 75 in fiscal year 2015; and
(3) 75 in fiscal year 2016.
(b) Necessary Support Staff for Immigration Court Judges.--The
Attorney General shall address the shortage of support staff for
immigration judges by ensuring that each immigration judge has the
assistance of the necessary support staff, including the equivalent of
1 staff attorney or law clerk and 1 legal assistant.
(c) Annual Increases in Board of Immigration Appeals Personnel.--
The Attorney General shall increase the number of Board of Immigration
Appeals staff attorneys (including the necessary additional support
staff) to efficiently process cases by at least--
(1) 30 in fiscal year 2014;
(2) 30 in fiscal year 2015; and
(3) 30 in fiscal year 2016.
(d) Funding.--There shall be appropriated, from the Comprehensive
Immigration Reform Trust Fund established under section 6(a)(1), such
sums as may be necessary to carry out this section.
SEC. 3502. IMPROVING IMMIGRATION COURT EFFICIENCY AND REDUCING COSTS BY
INCREASING ACCESS TO LEGAL INFORMATION.
(a) Clarification Regarding the Authority of the Attorney General
to Appoint Counsel to Aliens in Immigration Proceedings.--Section 292
(8 U.S.C. 1362) is amended--
(1) by inserting ``(a)'' before ``In any'';
(2) by striking ``(at no expense to the Government)'';
(3) by striking ``he shall'' and inserting ``the person
shall''; and
(4) by adding at the end the following:
``(b) The Government is not required to provide counsel to aliens
under subsection (a). However, the Attorney General may, in the
Attorney General's sole and unreviewable discretion, appoint or provide
counsel to aliens in immigration proceedings conducted under section
240 of this Act.''.
(b) Appointment of Counsel in Certain Cases.--Section 240(b)(4) (8
U.S.C. 1229a(b)(4)) is amended--
(1) in subparagraph (A), by striking ``, at no expense to
the Government,''; and
(2) by adding at the end the following: ``The Government is
not required to provide counsel to aliens under this paragraph.
However, the Attorney General may, in the Attorney General's
sole and unreviewable discretion, appoint or provide counsel at
government expense to aliens in immigration proceedings.''.
(c) Appointment of Counsel for Unaccompanied Alien Children and
Aliens With a Serious Mental Disability.--Section 292 (8 U.S.C. 1362),
as amended by subsection (a), is further amended by adding at the end
the following:
``(c) Notwithstanding subsection (b), the Attorney General shall
appoint counsel, at the expense of the Government, if necessary, to
represent an alien in a removal proceeding who has been determined by
the Secretary to be an unaccompanied alien child, is incompetent to
represent himself or herself due to a serious mental disability that
would be included in section 3(2) of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102(2)), or is considered particularly
vulnerable when compared to other aliens in removal proceedings, such
that the appointment of counsel is necessary to help ensure fair
resolution and efficient adjudication of the proceedings.''.
(d) Funding.--There shall be appropriated, from the Comprehensive
Immigration Reform Trust Fund established under section 6(a)(1), such
sums as may be necessary to carry out this section and the amendments
made by this section.
SEC. 3503. OFFICE OF LEGAL ACCESS PROGRAMS.
(a) Establishment of Office of Legal Access Programs.--The Attorney
General shall establish within the Executive Office for Immigration
Review an Office of Legal Access Programs to develop and administer a
system of legal orientation programs to make immigration proceedings
more efficient and cost effective by educating aliens regarding
administrative procedures and legal rights under United States
immigration law and to establish other programs to assist in providing
aliens access to legal information.
(b) Legal Orientation Programs.--The legal orientation programs--
(1) shall provide programs to assist detained aliens in
making informed and timely decisions regarding their removal
and eligibility for relief from removal in order to increase
efficiency and reduce costs in immigration proceedings and
Federal custody processes and to improve access to counsel and
other legal services;
(2) may provide services to detained aliens in immigration
proceedings under sections 235, 238, 240, and 241(a)(5) of the
Immigration and Nationality Act (8 U.S.C. 1225, 1228, 1229a,
and 1231(a)(5)) and to other aliens in immigration and asylum
proceedings under sections 235, 238, and 240 of the Immigration
and Nationality Act (8 U.S.C. 1225, 1228, and 1229a); and
(3) shall identify unaccompanied alien children, aliens
with a serious mental disability, and other particularly
vulnerable aliens for consideration by the Attorney General
pursuant to section 292(c) of the Immigration and Nationality
Act, as added by section 3502(c).
(c) Procedures.--The Secretary shall establish procedures that
ensure that legal orientation programs are available for all detained
aliens within 5 days of arrival into custody and to inform such aliens
of the basic procedures of immigration hearings, their rights relating
to those hearings under the immigration laws, information that may
deter such aliens from filing frivolous legal claims, and any other
information deemed appropriate by the Attorney General, such as a
contact list of potential legal resources and providers.
(d) Rule of Construction.--Nothing in this subsection shall be
construed to create any substantive or procedural right or benefit that
is legally enforceable by any party against the United States or its
agencies or officers or any other person.
(e) Funding.--There shall be appropriated, from the Comprehensive
Immigration Reform Trust Fund established under section 6(a)(1), such
sums as may be necessary to carry out this section.
SEC. 3504. CODIFYING BOARD OF IMMIGRATION APPEALS.
(a) Definition of Board Member.--Section 101(a) (8 U.S.C. 1101(a))
is amended by adding at the end the following:
``(53) The term `Board Member' means an attorney whom the
Attorney General appoints as an administrative judge within the
Executive Office for Immigration Review to serve on the Board
of Immigration Appeals, qualified to review decisions of
immigration judges and other matters within the jurisdiction of
the Board of Immigration Appeals.''.
(b) Board of Immigration Appeals.--Section 240(a)(1) (8 U.S.C.
1229a(a)(1)) is amended by adding at the end the following: ``The Board
of Immigration Appeals and its Board Members shall review decisions of
immigration judges under this section.''.
(c) Appeals.--Section 240(b)(4) (8 U.S.C. 1229a(b)(4)), as amended
by section 3502(b), is further amended--
(1) in subparagraph (B), by striking ``, and'' and
inserting a semicolon;
(2) in subparagraph (C), by striking the period and
inserting ``; and''; and
(3) by inserting after subparagraph (C) the following:
``(D) the alien may appeal the immigration judge's
decision to a 3-judge panel of the Board of Immigration
Appeals.''.
(d) Decision and Burden of Proof.--Section 240(c)(1)(A) (8 U.S.C.
1229a(c)(1)(A)) is amended to read as follows:
``(A) In general.--At the conclusion of the
proceeding, the immigration judge shall decide whether
an alien is removable from the United States. The
determination of the immigration judge shall be based
only on the evidence produced at the hearing. On
appeal, the Board of Immigration Appeals shall issue a
written opinion. The opinion shall address all
dispositive arguments raised by the parties. The panel
may incorporate by reference the opinion of the
immigration judge whose decision is being reviewed,
provided that the panel also addresses any arguments
made by the nonprevailing party regarding purported
errors of law, fact, or discretion.''.
SEC. 3505. IMPROVED TRAINING FOR IMMIGRATION JUDGES AND BOARD MEMBERS.
(a) In General.--Section 240 (8 U.S.C. 1229a) is amended by adding
at the end the following:
``(f) Improved Training.--
``(1) Improved training for immigration judges and board
members.--
``(A) In general.--In consultation with the
Attorney General and the Director of the Federal
Judicial Center, the Director of the Executive Office
for Immigration Review shall review and modify, as
appropriate, training programs for immigration judges
and Board Members.
``(B) Elements of review.--Each such review shall
study--
``(i) the expansion of the training program
for new immigration judges and Board Members;
``(ii) continuing education regarding
current developments in the field of
immigration law; and
``(iii) methods to ensure that immigration
judges are trained on properly crafting and
dictating decisions.
``(2) Improved training and guidance for staff.--The
Director of the Executive Office for Immigration Review shall--
``(A) modify guidance and training regarding
screening standards and standards of review; and
``(B) ensure that Board Members provide staff
attorneys with appropriate guidance in drafting
decisions in individual cases, consistent with the
policies and directives of the Director of the
Executive Office for Immigration Review and the
Chairman of the Board of Immigration Appeals.''.
(b) Funding.--There shall be appropriated, from the Comprehensive
Immigration Reform Trust Fund established under section 6(a)(1), such
sums as may be necessary to carry out this section and the amendment
made by this section.
SEC. 3506. IMPROVED RESOURCES AND TECHNOLOGY FOR IMMIGRATION COURTS AND
BOARD OF IMMIGRATION APPEALS.
(a) Improved On-bench Reference Materials and Decision Templates.--
The Director of the Executive Office for Immigration Review shall
ensure that immigration judges are provided with updated reference
materials and standard decision templates that conform to the law of
the circuits in which they sit.
(b) Practice Manual.--The Director of the Executive Office for
Immigration Review shall produce a practice manual describing best
practices for the immigration courts and shall make such manual
available electronically to counsel and litigants who appear before the
immigration courts.
(c) Recording System and Other Technologies.--
(1) Plan required.--The Director of the Executive Office
for Immigration Review shall provide the Attorney General with
a plan and a schedule to replace the immigration courts' tape
recording system with a digital recording system that is
compatible with the information management systems of the
Executive Office for Immigration Review.
(2) Audio recording system.--Consistent with the plan
described in paragraph (1), the Director shall pilot a digital
audio recording system not later than 1 year after the
enactment of this Act, and shall begin nationwide
implementation of that system as soon as practicable.
(d) Improved Transcription Services.--Not later than 1 year after
the enactment of this Act, the Director of the Executive Office for
Immigration Review shall report to the Attorney General on the current
transcription services utilized by the Office and recommend
improvements to this system regarding quality and timeliness of
transcription.
(e) Improved Interpreter Selection.--Not later than 1 year after
the enactment of this Act, the Director of the Executive Office for
Immigration Review shall report to the Attorney General on the current
interpreter selection process utilized by the Office and recommend
improvements to this process regarding screening, hiring,
certification, and evaluation of staff and contract interpreters.
(f) Funding.--There shall be appropriated, from the Comprehensive
Immigration Reform Trust Fund established under section 6(a)(1), such
sums as may be necessary to carry out this section.
Subtitle F--Prevention of Trafficking in Persons and Abuses Involving
Workers Recruited Abroad
SEC. 3601. DEFINITIONS.
(a) In General.--Except as otherwise provided by this subtitle, the
terms used in this subtitle shall have the same meanings, respectively,
as are given those terms in section 3 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 203).
(b) Other Definitions.--
(1) Foreign labor contractor.--The term ``foreign labor
contractor'' means any person who performs any foreign labor
contracting activity, including any person who performs foreign
labor contracting activity wholly outside of the United States,
except that the term does not include any entity of the United
States Government.
(2) Foreign labor contracting activity.--The term ``foreign
labor contracting activity'' means recruiting, soliciting,
hiring, employing, sponsoring, managing, furnishing, processing
visa applications for, transporting, or housing an individual
who resides outside of the United States in furtherance of
employment in the United States, including when such activity
occurs wholly outside of the United States.
(3) Person.--The term ``person'' means any natural person
or any corporation, company, firm, partnership, joint stock
company or association or other organization or entity (whether
organized under law or not), including municipal corporations.
(4) Secretary.--The term the ``Secretary'' means the
Secretary of Labor.
(5) Worker.--the term ``worker'' means an individual or
exchange visitor who is the subject of foreign labor
contracting activity.
SEC. 3602. DISCLOSURE.
(a) Requirement for Disclosure.--Any person who engages in foreign
labor contracting activity shall ascertain and disclose in writing in
English and in the primary language of the worker at the time of the
worker's recruitment, the following information:
(1) The identity and address of the employer and the
identity and address of the person conducting the recruiting on
behalf of the employer, including any subcontractor or agent
involved in such recruiting.
(2) All assurances and terms and conditions of employment,
from the prospective employer for whom the worker is being
recruited, including the work hours, level of compensation to
be paid, the place and period of employment, a description of
the type and nature of employment activities, any withholdings
or deductions from compensation and any penalties for
terminating employment.
(3) A signed copy of the work contract between the worker
and the employer.
(4) The type of visa under which the foreign worker is to
be employed, the length of time for which the visa will be
valid and the terms and conditions under which this visa will
be renewed with a clear statement of whether the employer will
secure renewal of this visa or if renewal must be obtained by
the worker and any expenses associated with securing or
renewing the visa.
(5) An itemized list of any costs or expenses to be charged
to the worker and any deductions to be taken from wages,
including any costs for housing or accommodation,
transportation to and from the worksite, meals, health
insurance, workers' compensation, costs of benefits provided,
medical examinations, healthcare, tools, or safety equipment
costs.
(6) The existence of any labor organizing effort, strike,
lockout, or other labor dispute at the place of employment.
(7) Whether and the extent to which workers will be
compensated through workers' compensation, private insurance,
or otherwise for injuries or death, including work related
injuries and death, during the period of employment and, if so,
the name of the State workers' compensation insurance carrier
or the name of the policyholder of the private insurance, the
name and the telephone number of each person who must be
notified of an injury or death, and the time period within
which such notice must be given.
(8) A statement, in a form specified by the Secretary--
(A) stating that--
(i) no foreign labor contractor, agent, or
employee of a foreign labor contractor, may
lawfully assess any fee (including visa fees,
processing fees, transportation fees, legal
expenses, placement fees, and other costs) to a
worker for any foreign labor contracting
activity; and
(ii) the employer may bear such costs or
fees for the foreign labor contractor, but that
these fees cannot be passed along to the
worker; and
(B) explaining that--
(i) no additional requirements or changes
may be made from the terms of the contract
originally signed by the worker unless the
worker is provided at least 48 hours to review
and consider the additional requirements or
changes;
(ii) no such additional requirements or
changes may be made to the original contract
signed by the worker without the specific
consent of the worker to each such additional
requirement or change; and
(iii) such consent shall be obtained
voluntarily and without threat of penalty and
if not so obtained will be a violation of law
subject to the provisions of section 3611;
(C) describing the protections afforded the worker
by this section and by section 202 of the William
Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1375b) and any
applicable visa program, including--
(i) relevant information about the
procedure for filing a complaint provided for
in section 3611 and
(ii) the telephone number for the national
human trafficking resource center hotline
number.
(9) Any education or training to be provided or required,
including the nature, timing and cost of such training and the
person who will pay such costs, whether the training is a
condition of employment, continued employment, or future
employment; and whether the worker will be paid or remunerated
during the training period, including the rate of pay.
(10) Any other information that the Secretary may require
by regulation.
(b) Relationship to Labor and Employment Laws.--Nothing in the
disclosure required by subsection (a) shall constitute a legal
conclusion as to the worker's status or rights under the labor and
employment laws.
(c) Prohibition on False and Misleading Information.--No foreign
labor contractor or employer who engages in any foreign labor
contracting activity shall knowingly provide materially false or
misleading information to any worker concerning any matter required to
be disclosed under section (a). The disclosure required by this section
is a document concerning the proper administration of a matter within
the jurisdiction of a department or agency of the United States for the
purposes of section 1519 of title 18, United States Code.
SEC. 3603. PROHIBITION ON DISCRIMINATION.
(a) In General.--It shall be unlawful for an employer or a foreign
labor contractor to fail or refuse to hire, discharge, intimidate,
threaten, restrain, coerce, or blacklist any individual or otherwise
discriminate against an individual with respect to compensation, terms,
conditions, or privileges of employment, because of such individual's
race, color, creed, sex, national origin, religion, age, or disability.
(b) Determinations of Discrimination.--For the purposes of
determining the existence of unlawful discrimination under subsection
(a)--
(1) in the case of a claim of discrimination based on race,
color, creed, sex, national origin, or religion, the same legal
standards shall apply as are applicable under title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);
(2) in the case of a claim of discrimination based on
unlawful discrimination based on age, the same legal standards
shall apply as are applicable under the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 621 et seq.); and
(3) in the case of a claim of discrimination based on
disability, the same legal standards shall apply as are
applicable under title I of the Americans With Disabilities Act
of 1990 (42 U.S.C. 12111 et seq.).
SEC. 3604. RECRUITMENT FEES.
No employer, foreign labor contractor, or agent or employee of a
foreign labor contractor, shall assess any fee (including visa fees,
processing fees, transportation fees, legal expenses, placement fees,
and other costs) to a worker for any foreign labor contracting
activity.
SEC. 3605. REGISTRATION.
(a) Requirement to Register.--
(1) In general.--Subject to paragraph (2), prior to
engaging in any foreign labor contracting activity, any person
who is a foreign labor contractor or who, for any money or
other valuable consideration paid or promised to be paid,
performs a foreign labor contracting activity on behalf of a
foreign labor contractor, shall obtain a certificate of
registration from the Secretary of Labor pursuant to
regulations promulgated by the Secretary under subsection (c).
(2) Exception for certain employers.--An employer, or
employee of an employer, who engages in foreign labor
contracting activity solely to find employees for that
employer's own use, and without the participation of any other
foreign labor contractor, shall not be required to register
under this section. Notwithstanding the preceding sentence,
such an employer shall be subject to the requirements of
subsections (a) and (c) of section 3602 and sections 3603 and
3604 and shall be subject to the remedies under section 3610
for all violations stemming from the employer's own foreign
labor contracting activity.
(b) Notification.--
(1) Annual employer notification.--Each employer shall
notify the Secretary, not less frequently than once every year,
of the identity of any foreign labor contractor involved in any
foreign labor contracting activity for, or on behalf of, the
employer, including at a minimum, the name and address of the
foreign labor contractor and a description of the services.
(2) Annual foreign labor contractor notification.--Each
foreign labor contractor shall notify the Secretary, not less
frequently than once every year, of the identity of any
subcontractee, agent, or foreign labor contractor employee
involved in any foreign labor contracting activity for, or on
behalf of, the foreign labor contractor.
(3) Noncompliance notification.--An employer shall notify
the Secretary of the identity of a foreign labor contractor
whose activities do not comply with this subtitle.
(4) Agreement.--Not later than 48 hours after receiving a
request from the Secretary, an employer shall provide the
Secretary with the identity of any foreign labor contractor
with which the employer has a contract or other agreement.
(c) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall promulgate regulations to
establish an efficient electronic process for the timely investigation
and approval of an application for a certificate of registration of
foreign labor contractors, including--
(1) a declaration, subscribed and sworn to by the
applicant, stating the applicant's permanent place of
residence, the foreign labor contracting activities for which
the certificate is requested, and such other relevant
information as the Secretary may require;
(2) a set of fingerprints of the applicant;
(3) an expeditious means to update registrations and renew
certificates;
(4) providing for the consent of any foreign labor
recruiter to the designation by a court of the Secretary as an
agent available to accept service of summons in any action
against the applicant, if the applicant has left the
jurisdiction in which the action is commenced, otherwise has
become unavailable to accept service or is subject to personal
jurisdiction in no State;
(5) providing for the consent of any foreign labor
recruiter to jurisdiction in the Department of Labor or any
state or Federal court of the United States for any action
brought by any aggrieved individual or worker;
(6) providing for cooperation in any investigation by the
Secretary or other appropriate authorities;
(7) providing for consent to the forfeiture of the bond for
failure to cooperate with these provisions;
(8) providing for consent to be liable for violations of
this subtitle by any agents or subcontractees of any level in
relation to the foreign labor contracting activity of the agent
or subcontractee to the same extent as if the foreign labor
contractor had committed the violation;
(9) providing for consultation with other appropriate
Federal agencies to determine whether any reason exists to deny
registration to a foreign labor contractor; and
(10) any other requirements that the Secretary may
prescribe.
(d) Term of Registration.--Unless suspended or revoked, a
certificate under this section shall be valid for 2 years.
(e) Application Fee.--
(1) Requirement for fee.--In addition to any other fees
authorized by law, the Secretary shall impose a fee, to be
deposited in the general fund of the Treasury, on a foreign
labor contractor that submits an application for a certificate
of registration under this section.
(2) Amount of fee.--The amount of the fee required by
paragraph (1) shall be set at a level that the Secretary
determines sufficient to cover the full costs of carrying out
foreign labor contract registration activities under this
subtitle, including worker education and any additional costs
associated with the administration of the fees collected.
(f) Refusal to Issue; Revocation.--In accordance with regulations
promulgated by the Secretary, the Secretary shall refuse to issue or
renew, or shall revoke and debar from eligibility to obtain a
certificate of registration for a period of not greater than 5 years,
after notice and an opportunity for a hearing, a certificate of
registration under this section if--
(1) the applicant for, or holder of, the certification has
knowingly made a material misrepresentation in the application
for such certificate;
(2) the applicant for, or holder of, the certification is
not the real party in interest in the application or
certificate of registration and the real party in interest--
(A) is a person who has been refused issuance or
renewal of a certificate;
(B) has had a certificate revoked; or
(C) does not qualify for a certificate under this
section;
(3) the applicant for, or holder of, the certification has
been convicted within the preceding 5 years of --
(A) any felony under State or Federal law or crime
involving robbery, bribery, extortion, embezzlement,
grand larceny, burglary, arson, violation of narcotics
laws, murder, rape, assault with intent to kill,
assault which inflicts grievous bodily injury,
prostitution, peonage, or smuggling or harboring
individuals who have entered the United States
illegally; or
(B) any crime relating to gambling, or to the sale,
distribution or possession of alcoholic beverages, in
connection with or incident to any labor contracting
activities.
(4) the applicant for, or holder of, the certification has
materially failed to comply with this section.
(g) Re-registration of Violators.--The Secretary shall establish a
procedure by which a foreign labor contractor that has had its
registration revoked under subsection (f) may seek to re-register under
this subsection by demonstrating to the Secretary's satisfaction that
the foreign labor contractor has not violated this subtitle in the
previous 5 years and that the foreign labor contractor has taken
sufficient steps to prevent future violations of this subtitle.
SEC. 3606. BONDING REQUIREMENT.
(a) In General.--The Secretary shall require a foreign labor
contractor to post a bond in an amount sufficient to ensure the ability
of the foreign labor contractor to discharge its responsibilities and
to ensure protection of workers, including wages.
(b) Regulations.--The Secretary, by regulation, shall establish the
conditions under which the bond amount is determined, paid, and
forfeited.
(c) Relationship to Other Remedies.--The bond requirements and
forfeiture of the bond under this section shall be in addition to other
remedies under 3610 or any other law.
SEC. 3607. MAINTENANCE OF LISTS.
(a) In General.--The Secretary shall maintain--
(1) a list of all foreign labor contractors registered
under this subsection, including--
(A) the countries from which the contractors
recruit;
(B) the employers for whom the contractors recruit;
(C) the visa categories and occupations for which
the contractors recruit; and
(D) the States where recruited workers are
employed; and
(2) a list of all foreign labor contractors whose
certificate of registration the Secretary has revoked.
(b) Updates; Availability.--The Secretary shall--
(1) update the lists required by subsection (a) on an
ongoing basis, not less frequently than every 6 months; and
(2) make such lists publicly available, including through
continuous publication on Internet websites and in written form
at and on the websites of United States embassies in the
official language of that country.
(c) Inter-agency Availability.--The Secretary shall share the
information described in subsection (a) with the Secretary of State
SEC. 3608. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.
Section 214 (8 U.S.C. 1184) is amended by adding at the end the
following:
``(s) A visa shall not be issued under the subparagraph (A)(iii),
(B)(i) (but only for domestic servants described in clause (i) or (ii)
of section 274a.12(c)(17) of title 8, Code of Federal Regulations (as
in effect on December 4, 2007)), (G)(v), (H), (J), (L), (Q), (R) or add
any new immigration subsections of section 101(a)(15) until the
consular officer--
``(1) has provided to and reviewed with the applicant, in
the applicant's language (or a language the applicant
understands), a copy of the information and resources pamphlet
required by section 202 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1375b)
; and
``(2) has reviewed and made a part of the visa file the
foreign labor recruiter disclosures required by section 3602 of
the Border Security, Economic Opportunity, and Immigration
Modernization Act, including whether the foreign labor
recruiter is registered pursuant to that section.''.
SEC. 3609. RESPONSIBILITIES OF SECRETARY OF STATE.
(a) In General.--The Secretary of State shall ensure that each
United States diplomatic mission has a person who shall be responsible
for receiving information from any worker who has been subject to
violations of this subtitle.
(b) Provision of Information.--The responsible person referred to
in subsection (a) shall ensure that the information received is
provided to the Department of Justice, the Department of Labor, or any
other relevant Federal agency.
(c) Mechanisms.--The Attorney General and the Secretary shall
ensure that there is a mechanism for any actions that need to be taken
in response to information received under subsection (a).
(d) Assistance From Foreign Government.--The person designated for
receiving information pursuant to this subsection is strongly
encouraged to coordinate with governments and civil society
organizations in the countries of origin to ensure the worker receives
additional support.
(e) Maintenance and Availability of Information.--The Secretary of
State shall ensure that consulates maintain information regarding the
identities of foreign labor contractors and the employers to whom the
foreign labor contractors supply workers. The Secretary of State shall
make such information publically available in written form and on-line,
including on the websites of United States embassies in the official
language of that country.
(f) Annual Public Disclose.--The Secretary of State shall make
publically available on-line, on an annual basis, data disclosing the
gender, country of origin and state, if available, date of birth, wage,
level of training, and occupation category, disaggregated by job and by
visa category.
SEC. 3610. ENFORCEMENT PROVISIONS.
(a) Complaints and Investigations.--The Secretary--
(1) shall establish a process for the receipt,
investigation, and disposition of complaints filed by any
person, including complaints respecting a foreign labor
contractor's compliance with this subtitle; and
(2) either pursuant to the process required by paragraph
(1) or otherwise, may investigate employers or foreign labor
contractors, including actions occurring in a foreign country,
as necessary to determine compliance with this subtitle.
(b) Administrative Enforcement.--
(1) In general.--If the Secretary finds, after notice and
an opportunity for a hearing, any foreign labor contractor or
employer failed to comply with any of the requirements of this
subtitle, the Secretary may impose the following against such
contractor or employer--
(A) a fine in an amount not more than $10,000 per
violation; and
(B) upon the occasion of a third violation or a
failure to comply with representations, a fine of not
more than $25,000 per violation.
(c) Authority to Ensure Compliance.--The Secretary is authorized to
take other such actions, including issuing subpoenas and seeking
appropriate injunctive relief and recovery of damages, as may be
necessary to assure compliance with the terms and conditions of this
subtitle.
(d) Bonding.--Pursuant to the bonding requirement in section 3606,
bond liquidation and forfeitures shall be in addition to other remedies
under this section or any other law.
(e) Civil Action.--
(1) In general.--The Secretary or any person aggrieved by a
violation of this subtitle may bring a civil action against any
foreign labor contractor or employer that does not meet the
requirements of section (f)(2) in any court of competent
jurisdiction--
(A) to seek remedial action, including injunctive
relief;
(B) to recover damages on behalf of any worker
harmed by a violation of this subsection; and,
(C) to ensure compliance with requirements of this
section.
(2) Actions by the secretary of labor.--
(A) Sums recovered.--Any sums recovered by the
Secretary on behalf of a worker under paragraph (1) or
through liquidation of the bond held pursuant to
section 3606 shall be held in a special deposit account
and shall be paid, on order of the Secretary, directly
to each worker affected. Any such sums not paid to a
worker because of inability to do so within a period of
5 years shall be credited as an offsetting collection
to the appropriations account of the Secretary for
expenses for the administration of this section and
shall remain available to the Secretary until expended
or may be used for enforcement of the laws within the
jurisdiction of the wage and hour division or may be
transferred to the Secretary of Health and Human
Services for the purpose of providing support to
programs that provide assistance to victims of
trafficking in persons or other exploited persons. The
Secretary shall work with any attorney or organization
representing workers to locate workers owed sums under
this section.
(B) Representation.--Except as provided in section
518(a) of title 28, United States Code, the Solicitor
of Labor may appear for and represent the Secretary in
any civil litigation brought under this paragraph. All
such litigation shall be subject to the direction and
control of the Attorney General.
(3) Actions by individuals.--
(A) Award.--If the court finds in a civil action
filed by an individual under this section that the
defendant has violated any provision of this subtitle
(or any regulation issued pursuant to this subtitle),
the court may award--
(i) damages, up to and including an amount
equal to the amount of actual damages, and
statutory damages of up to $1,000 per plaintiff
per violation, or other equitable relief,
except that with respect to statutory damages--
(I) multiple infractions of a
single provision of this subtitle (or
of a regulation under this subtitles)
shall constitute only 1 violation for
purposes of section 3602(a) to
determine the amount of statutory
damages due a plaintiff; and
(II) if such complaint is certified
as a class action the court may award--
(aa) damages up to an
amount equal to the amount of
actual damages; and
(bb) statutory damages of
no more than the lesser of up
to $1,000 per class member per
violation, or up to $500,000;
and other equitable relief;
(ii) reasonable attorneys' fees and costs;
and
(iii) such other and further relief,
including declaratory and injunctive relief, as
necessary to effectuate the purposes of this
subtitle.
(B) Criteria.--In determining the amount of
statutory damages to be awarded under subparagraph (A),
the court is authorized to consider whether an attempt
was made to resolve the issues in dispute before the
resort to litigation.
(C) Bond.--To satisfy the damages, fees, and costs
found owing under this clause, the Secretary shall
release as much of the bond held pursuant to section
3606 as necessary.
(D) Appeal.--Any civil action brought under this
section shall be subject to appeal as provided in
chapter 83 of title 28, United States Code (28 U.S.C.
1291 et seq.).
(E) Access to legal services corporation.--
Notwithstanding any other provision of law, the Legal
Services Corporation and recipients of its funding may
provide legal assistance on behalf of any alien with
respect to any provision of this subtitle.
(f) Agency Liability.--
(1) In general.--Beginning 180 days after the Secretary of
Labor has promulgated regulations pursuant to section 3605(c),
an employer who retains the services of a foreign labor
contractor shall only use those foreign labor contractors who
are registered under section 3605. An employer who uses a
foreign labor contractor who is not registered under section
3605 after such time period, or who uses a foreign labor
contractor that has violated any provision of this subsection,
shall be subject to the provisions of this subsection for
violations committed by such foreign labor contractor to the
same extent as if the employer were the foreign labor
contractor who had committed the violation.
(2) Safe harbor.--An employer shall not have any liability
under this section if the employer hires workers referred by a
foreign labor contractor that has a valid registration with the
Department of Labor pursuant to section 3605, the employer does
not act with reckless disregard of the fact that the foreign
labor contractor has violated any provision of this section,
and if the employer obtained knowledge of a violation of the
provisions of this section, it immediately reported the
violation to the Secretary.
(3) Liability for agents.--Foreign labor contractors shall
be subject to the provisions of this section for violations
committed by the foreign labor contractor's agents or
subcontractees of any level in relation to their foreign labor
contracting activity to the same extent as if the foreign labor
contractor had committed the violation.
(g) Retaliation.--
(1) In general.--No person shall intimidate, threaten,
restrain, coerce, discharge or in any other manner discriminate
or retaliate against any worker or their family members
(including a former employee or an applicant for employment)
because such worker disclosed information to any person that
the worker reasonably believes evidences a violation of this
section (or any rule or regulation pertaining to this section),
including seeking legal assistance of counsel or cooperating
with an investigation or other proceeding concerning compliance
with this section (or any rule or regulation pertaining to this
section).
(2) Enforcement.--An individual who is subject to any
conduct described in paragraph (1) may, in a civil action,
recover appropriate relief, including reasonable attorneys'
fees and costs, with respect to that violation. Any civil
action under this subparagraph shall be stayed during the
pendency of any criminal action arising out of the violation.
(h) Waiver of Rights.--Agreements by employees purporting to waive
or to modify their rights under this subtitle shall be void as contrary
to public policy.
(i) Presence During Pendency of Actions.--
(1) In general.--If other immigration relief is not
available, the Attorney General and the Secretary of Homeland
Security shall grant advance parole to permit a nonimmigrant to
remain legally in the United States for time sufficient to
fully and effectively participate in all legal proceedings
related to any action taken pursuant to this section.
(2) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall promulgate
regulations to carry out paragraph (1).
SEC. 3611. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to preempt or alter any
other rights or remedies, including any causes of action, available
under any other Federal or State law.
SEC. 3612. REGULATIONS.
The Secretary shall prescribe such regulations as may be necessary
to carry out this subtitle.
Subtitle G--Interior Enforcement
SEC. 3701. CRIMINAL STREET GANGS.
(a) Inadmissibility.--Section 212(a)(2) (8 U.S.C. 1182(a)(2)) is
amended--
(1) by redesignating subparagraph (F) as subparagraph (L);
and
(2) by inserting after subparagraph (E) the following:
``(F) Aliens in criminal street gangs.--
``(i) In general.--Any alien is
inadmissible--
``(I) who has been convicted of an
offense for which an element was active
participation in a criminal street gang
(as defined in section 521(a) of title
18, United States Code) and the alien--
``(aa) had knowledge that
the gang's members engaged in
or have engaged in a continuing
series of offenses described in
section 521(c) of title 18,
United States Code; and
``(bb) acted with the
intention to promote or further
the felonious activities of the
criminal street gang or
maintain or increase his or her
position in the gang; or
``(II) subject to clause (ii), who
is 18 years of age or older, who is
physically present outside the United
States, whom the Secretary determines
by clear and convincing evidence, based
upon law enforcement information deemed
credible by the Secretary, has, since
the age of 18, knowingly and willingly
participated in a criminal street gang
with knowledge that such participation
promoted or furthered the illegal
activity of the gang.
``(ii) Waiver.--The Secretary may waive
clause (i)(II) if the alien has renounced all
association with the criminal street gang, is
otherwise admissible, and is not a threat to
the security of the United States.''.
(b) Grounds for Deportation.--Section 237(a)(2) (8 U.S.C.
1227(a)(2)) is amended by adding at the end the following:
``(G) Aliens associated with criminal street
gangs.--Any alien is removable who has been convicted
of an offense for which an element was active
participation in a criminal street gang (as defined in
section 521(a) of title 18, United States Code), and
the alien--
``(i) had knowledge that the gang's members
engaged in or have engaged in a continuing
series of offenses described in section 521(c)
of title 18, United States Code; and
``(ii) acted with the intention to promote
or further the felonious activities the
criminal street gang or increase his or her
position in such gang.''.
(c) Ground of Ineligibility for Registered Provisional Immigrant
Status.--
(1) In general.--An alien who is 18 years of age or older
is ineligible for registered provisional immigrant status if
the Secretary determines that the alien--
(A) has been convicted of an offense for which an
element was active participation in a criminal street
gang (as defined in section 521(a) of title 18, United
States Code and the alien--
(i) had knowledge that the gang's members
engaged in or have engaged in a continuing
series of offenses described in section 521(c)
of title 18, United States Code; and
(ii) acted with the intention to promote or
further the felonious activities of the
criminal street gang or maintain or increase
his or her position in such gang; or
(B) subject to paragraph (2), any alien who is 18
years of age or older whom the Secretary determines by
clear and convincing evidence, based upon law
enforcement information deemed credible by the
Secretary, has, since the age of 18, knowingly and
willingly participated in a such gang with knowledge
that such participation promoted or furthered the
illegal activity of such gang.
(2) Waiver.--The Secretary may waive this paragraph (1)(B)
if the alien has renounced all association with the criminal
street gang, is otherwise admissible, and is not a threat to
the security of the United States.
SEC. 3702. BANNING HABITUAL DRUNK DRIVERS FROM THE UNITED STATES.
(a) Grounds for Inadmissibility.--Section 212(a)(2) (8 U.S.C.
1182), as amended by section 3401, is further amended by inserting
after subparagraph (I) the following:
``(J) Habitual drunk drivers.--An alien convicted
of 3 or more offenses on separate dates, at least 1 of
which occurred after the date of the enactment of the
Border Security, Economic Opportunity, and Immigration
Modernization Act, related to driving under the
influence or driving while intoxicated is
inadmissable.''.
(b) Grounds for Deportation.--Section 237(a)(2) (8 U.S.C.
1227(a)(2)) is amended by adding at the end the following:
``(G) Habitual drunk drivers.--An alien convicted
of 3 or more offenses on separate dates related to
driving under the influence or driving while
intoxicated is deportable.''.
SEC. 3703. SEXUAL ABUSE OF A MINOR.
Section 101(a)(43)(A) (8 U.S.C. 1101(a)(43)(A)) is amended by
striking ``murder, rape, or sexual abuse of a minor;'' and inserting
``murder, rape, or sexual abuse of a minor, whether or not the minority
of the victim is established by evidence contained in the record of
conviction or by credible evidence extrinsic to the record of
conviction;'';
SEC. 3704. ILLEGAL ENTRY.
(a) In General.--Section 275 (8 U.S.C. 1325) is amended to read as
follows:
``SEC. 275. ILLEGAL ENTRY.
``(a) In General.--
``(1) Criminal offenses.--An alien shall be subject to the
penalties set forth in paragraph (2) if the alien--
``(A) enters or crosses the border into the United
States at any time or place other than as designated by
the Secretary of Homeland Security;
``(B) eludes examination or inspection by an
immigration officer, or a customs or agriculture
inspection at a port of entry; or
``(C) enters or crosses the border to the United
States by means of a knowingly false or misleading
representation or the concealment of a material fact.
``(2) Criminal penalties.--Any alien who violates any
provision under paragraph (1)--
``(A) shall, for the first violation, be fined
under title 18, United States Code, imprisoned not more
than 12 months, or both;
``(B) shall, for a second or subsequent violation,
or following an order of voluntary departure, be fined
under such title, imprisoned not more than 3 years, or
both;
``(C) if the violation occurred after the alien had
been convicted of 3 or more misdemeanors with the
convictions occurring on different dates or of a felony
for which the alien served a term of imprisonment of 15
days or more, shall be fined under such title,
imprisoned not more than 10 years, or both; and
``(D) if the violation occurred after the alien had
been convicted of a felony for which the alien was
sentenced to a term of imprisonment of not less than 30
months,
shall be fined under such title, imprisoned not more than 15
years, or both.
``(3) Prior convictions.--The prior convictions described
in subparagraphs (C) and (D) of paragraph (2) are elements of
the offenses described in that paragraph and the penalties in
such subparagraphs shall apply only in cases in which the
conviction or convictions that form the basis for the
additional penalty are--
``(A) alleged in the indictment or information; and
``(B) proven beyond a reasonable doubt at trial or
admitted by the defendant under oath as part of a plea
agreement.
``(b) Improper Time or Place; Civil Penalties.--Any alien older
than 18 years of age who is apprehended while knowingly entering,
attempting to enter, or crossing or attempting to cross the border to
the United States at a time or place other than as designated by
immigration officers shall be subject to a civil penalty, in addition
to any criminal or other civil penalties that may be imposed under any
other provision of law, in an amount equal to--
``(1) not less than $250 or more than $5000 for each such
entry, crossing, attempted entry, or attempted crossing; or
``(2) twice the amount specified in paragraph (1) if the
alien had previously been subject to a civil penalty under this
subsection.''.
(b) Clerical Amendment.--The table of contents is amended by
striking the item relating to section 275 and inserting the following:
``Sec. 275. Illegal entry.''.
(c) Effective Date.--The amendments made by this section shall take
effect one year after the date of the enactment of this Act.
SEC. 3705. REENTRY OF REMOVED ALIEN.
Section 276 (8 U.S.C. 1326) is amended to read as follows:
``SEC. 276. REENTRY OF REMOVED ALIEN.
``(a) Reentry After Removal.--Any alien who has been denied
admission, excluded, deported, or removed, or who has departed the
United States while an order of exclusion, deportation, or removal is
outstanding, and subsequently enters, attempts to enter, crosses the
border to, attempts to cross the border to, or is at any time found in
the United States, shall be fined under title 18, United States Code,
and imprisoned not more than 2 years.
``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty
provided in subsection (a), if an alien described in that subsection--
``(1) was convicted for 3 or more misdemeanors, with the
convictions occurring on different dates, before such removal
or departure, the alien shall be fined under title 18, United
States Code, and imprisoned not more than 10 years, or both;
``(2) was convicted for a felony before such removal or
departure for which the alien was sentenced to a term of
imprisonment of not less than 30 months, the alien shall be
fined under such title, and imprisoned not more than 15 years,
or both;
``(3) was convicted for a felony before such removal or
departure for which the alien was sentenced to a term of
imprisonment of not less than 60 months, the alien shall be
fined under such title, and imprisoned not more than 20 years,
or both;
``(4) was convicted for 3 felonies, with the convictions
occurring on different dates before such removal or departure,
the alien shall be fined under such title, and imprisoned not
more than 20 years, or both; or
``(5) was convicted, before such removal or departure, for
murder, rape, kidnapping, or a felony offense described in
chapter 77 (relating to peonage and slavery) or 113B (relating
to terrorism) of such title, the alien shall be fined under
such title, and imprisoned not more than 20 years, or both.
``(c) Reentry After Repeated Removal.--Any alien who has been
denied admission, excluded, deported, or removed 3 or more times and
thereafter enters, attempts to enter, crosses the border to, attempts
to cross the border to, or is at any time found in the United States,
shall be fined under title 18, United States Code, and imprisoned not
more than 10 years, or both.
``(d) Proof of Prior Convictions.--The prior convictions described
in subsection (b) are elements of the offenses described in that
subsection, and the penalties in such subsection shall apply only in
cases in which the conviction or convictions that form the basis for
the additional penalty are--
``(1) alleged in the indictment or information; and
``(2) proven beyond a reasonable doubt at trial or admitted
by the defendant under oath as part of a plea agreement.
``(e) Affirmative Defenses.--It shall be an affirmative defense to
a violation of this section that--
``(1) prior to the alleged violation, the alien had sought
and received the express consent of the Secretary of Homeland
Security to reapply for admission into the United States; or
``(2) at the time of the prior exclusion, deportation,
removal, or denial of admission alleged in the violation, the
alien had not yet reached 18 years of age and had not been
convicted of a crime or adjudicated a delinquent minor by a
court of the United States, or a court of a state or territory,
for conduct that would constitute a felony if committed by an
adult.
``(f) Limitation on Collateral Attack on Underlying Deportation
Order.--In a criminal proceeding under this section, an alien may not
challenge the validity of the deportation order described in subsection
(a) or subsection (c) unless the alien demonstrates that--
``(1) the alien exhausted any administrative remedies that
may have been available to seek relief against the order;
``(2) the deportation proceedings at which the order was
issued improperly deprived the alien of the opportunity for
judicial review; and
``(3) the entry of the order was fundamentally unfair.
``(g) Reentry of Alien Removed Prior to Completion of Term of
Imprisonment.--Any alien removed pursuant to section 241(a)(4) who
enters, attempts to enter, crosses the border to, attempts to cross the
border to, or is at any time found in, the United States shall be
incarcerated for the remainder of the sentence of imprisonment which
was pending at the time of deportation without any reduction for parole
or supervised release unless the alien affirmatively demonstrates that
the Secretary of Homeland Security has expressly consented to the
alien's reentry or the alien is prima facie eligible for protection
from removal. Such alien shall be subject to such other penalties
relating to the reentry of removed aliens as may be available under
this section or any other provision of law.
``(h) Limitation.--It is not aiding and abetting a violation of
this section for an individual to provide an alien with emergency
humanitarian assistance, including emergency medical care and food, or
to transport the alien to a location where such assistance can be
rendered without compensation or the expectation of compensation.
``(i) Definitions.--In this section:
``(1) Felony.--The term `felony' means any criminal offense
punishable by a term of imprisonment of more than 1 year under
the laws of the United States, any State, or a foreign
government.
``(2) Misdemeanor.--The term `misdemeanor' means any
criminal offense punishable by a term of imprisonment of not
more than 1 year under the applicable laws of the United
States, any State, or a foreign government.
``(3) Removal.--The term `removal' includes any denial of
admission, exclusion, deportation, or removal, or any agreement
by which an alien stipulates or agrees to exclusion,
deportation, or removal.
``(4) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
SEC. 3706. PENALTIES RELATED TO REMOVAL.
(a) Penalties Relating to Vessels and Aircraft.--Section 243(c) (8
U.S.C. 1253(c)) is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''; and
(2) by striking ``Commissioner'' each place such term
appears and inserting ``Secretary of Homeland Security''; and
(3) in paragraph (1)--
(A) in subparagraph (A), by striking ``$2,000'' and
inserting ``$5,000'';
(B) in subparagraph (B), by striking ``$5,000'' and
inserting ``$10,000'';
(C) by amending paragraph (1)(C) to read as
follows:
``(C) Compromise.--The Secretary of Homeland
Security, in the Secretary's unreviewable discretion
and upon the receipt of a written request, may mitigate
the monetary penalties required under this subsection
for each alien stowaway to an amount equal to not less
than $2,000, upon such terms that the Secretary
determines to be appropriate.''; and
(D) by inserting at the end the following:
``(D) Exception.--A person, acting without
compensation or the expectation of compensation, is not
subject to penalties under this paragraph if the person
is--
``(i) providing, or attempting to provide,
an alien with humanitarian assistance,
including emergency medical care or food or
water; or
``(ii) transporting the alien to a location
where such humanitarian assistance can be
rendered without compensation or the
expectation of compensation.''.
SEC. 3707. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.
(a) Trafficking in Passports.--Section 1541 of title 18, United
States Code, is amended to read as follows:
``Sec. 1541. Trafficking in passports
``(a) Multiple Passports.--Subject to subsection (b), any person
who, during any period of 3 years or less, knowingly--
``(1) and without lawful authority produces, issues, or
transfers 3 or more passports;
``(2) forges, counterfeits, alters, or falsely makes 3 or
more passports;
``(3) secures, possesses, uses, receives, buys, sells, or
distributes 3 or more passports, knowing the passports to be
forged, counterfeited, altered, falsely made, stolen, procured
by fraud, or produced or issued without lawful authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 3 or more applications for a United States passport,
knowing the applications to contain any materially false
statement or representation,
shall be fined under this title, imprisoned not more than 20 years, or
both.
``(b) Use in a Terrorism Offense.--Any person who commits an
offense described in subsection (a) to facilitate an act of
international terrorism (as defined in section 2331) shall be fined
under this title, imprisoned not more than 25 years, or both.
``(c) Passport Materials.--Any person who knowingly and without
lawful authority produces, buys, sells, possesses, or uses any official
material (or counterfeit of any official material) used to make 10 or
more passports, including any distinctive paper, seal, hologram, image,
text, symbol, stamp, engraving, or plate, shall be fined under this
title, imprisoned not more than 20 years, or both.''.
(b) False Statement in an Application for a Passports.--Section
1542 of title 18, United States Code, is amended to read as follows:
``Sec. 1542. False statement in an application for a passport
``(a) In General.--Any person who knowingly makes any material
false statement or representation in an application for a United States
passport, or mails, prepares, presents, or signs an application for a
United States passport knowing the application to contain any material
false statement or representation, shall be fined under this title,
imprisoned not more than 25 years (if the offense was committed to
facilitate an act of international terrorism (as defined in section
2331 of this title)), 20 years (if the offense was committed to
facilitate a drug trafficking crime (as defined in section 929(a) of
this title)), or 15 years (in the case of any other offense) or both.
``(b) Venue.--
``(1) In general.--An offense under subsection (a) may be
prosecuted in any district--
``(A) in which the false statement or
representation was made or the application for a United
States passport was prepared or signed; or
``(B) in which or to which the application was
mailed or presented.
``(2) Offenses outside the united states.--An offense under
subsection (a) involving an application prepared and
adjudicated outside the United States may be prosecuted in the
district in which the resultant passport was or would have been
produced.
``(c) Savings Clause.--Nothing in this section may be construed to
limit the venue otherwise available under sections 3237 and 3238 of
this title.''.
(c) Misuse of a Passport.--Section 1544 of title 18, United States
Code, is amended to read as follows:
``Sec. 1544. Misuse of a passport
``Any person who knowingly--
``(1) misuses for their own purposes any passport issued or
designed for the use of another;
``(2) uses any passport in violation of the laws,
regulations, or rules governing the issuance and use of the
passport;
``(3) secures, possesses, uses, receives, buys, sells, or
distributes any passport knowing the passport to be forged,
counterfeited, altered, falsely made, procured by fraud, or
produced or issued without lawful authority; or
``(4) substantially violates the terms and conditions of
any safe conduct duly obtained and issued under the authority
of the United States,
shall be fined under this title, imprisoned not more than 25 years (if
the offense was committed to facilitate an act of international
terrorism (as defined in section 2331 of this title)), 20 years (if the
offense was committed to facilitate a drug trafficking crime (as
defined in section 929(a) of this title)) or 15 years (in the case of
any other offense), or both.''.
(d) Schemes to Provide Fraudulent Immigration Services.--Section
1545 of title 18, United States Code, is amended to read as follows:
``Sec. 1545. Schemes to provide fraudulent immigration services
``(a) In General.--Any person who knowingly executes a scheme or
artifice, in connection with any matter that is authorized by or arises
under any Federal immigration law or any matter the offender claims or
represents is authorized by or arises under any Federal immigration
law, to--
``(1) defraud any person; or
``(2) obtain or receive money or anything else of value
from any person by means of false or fraudulent pretenses,
representations, or promises,
shall be fined under this title, imprisoned not more than 10 years, or
both.
``(b) Misrepresentation.--Any person who knowingly and falsely
represents that such person is an attorney or an accredited
representative (as that term is defined in section 1292.1 of title 8,
Code of Federal Regulations (or any successor regulation)) in any
matter arising under any Federal immigration law shall be fined under
this title, imprisoned not more than 15 years, or both.''.
(e) Immigration and Visa Fraud.--Section 1546 of title 18, United
States Code, is amended--
(1) by amending the section heading to read as follows:
``Sec. 1546. Immigration and visa fraud'';
and
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) Trafficking.--Any person who, during any period of 3 years or
less, knowingly--
``(1) and without lawful authority produces, issues, or
transfers 3 or more immigration documents;
``(2) forges, counterfeits, alters, or falsely makes 3 or
more immigration documents;
``(3) secures, possesses, uses, buys, sells, or distributes
3 or more immigration documents, knowing the immigration
documents to be forged, counterfeited, altered, stolen, falsely
made, procured by fraud, or produced or issued without lawful
authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 3 or more immigration documents knowing the documents
to contain any materially false statement or representation,
shall be fined under this title, imprisoned not more than 20 years, or
both.
``(c) Immigration Document Materials.--Any person who knowingly and
without lawful authority produces, buys, sells, possesses, or uses any
official material (or counterfeit of any official material) used to
make 10 or more immigration documents, including any distinctive paper,
seal, hologram, image, text, symbol, stamp, engraving, or plate, shall
be fined under this title, imprisoned not more than 20 years, or
both.''.
(f) Alternative Imprisonment Maximum for Certain Offenses.--Section
1547 of title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``(other than an offense under section 1545)'';
(2) in paragraph (1), by striking ``15'' and inserting
``20''; and
(3) in paragraph (2), by striking ``20'' and inserting
``25''.
(g) Authorized Law Enforcement Activities.--Chapter 75 of title 18,
United States Code, is amended by adding after section 1547 the
following:
``Sec. 1548. Authorized law enforcement activities
``Nothing in this chapter may be construed to prohibit--
``(1) any lawfully authorized investigative, protective, or
intelligence activity of a law enforcement agency of the United
States, a State, or a political subdivision of a State, or an
intelligence agency of the United States; or
``(2) any activity authorized under title V of the
Organized Crime Control Act of 1970 (Public Law 91-452; 84
Stat. 933).''.
(h) Table of Sections Amendment.--The table of sections for chapter
75 of title 18, United States Code, is amended to read as follows:
``Sec.
``1541. Trafficking in passports.
``1542. False statement in an application for a passport.
``1543. Forgery or false use of a passport.
``1544. Misuse of a passport.
``1545. Schemes to provide fraudulent immigration services.
``1546. Immigration and visa fraud.
``1547. Alternative imprisonment maximum for certain offenses.
``1548. Authorized law enforcement activities.''.
SEC. 3708. COMBATING SCHEMES TO DEFRAUD ALIENS.
(a) Regulations, Forms, and Procedures.--The Secretary and the
Attorney General, for matters within their respective jurisdictions
arising under the immigration laws, shall promulgate appropriate
regulations, forms, and procedures defining the circumstances in
which--
(1) persons submitting applications, petitions, motions, or
other written materials relating to immigration benefits or
relief from removal under the immigration laws will be required
to identify who (other than immediate family members) assisted
them in preparing or translating the immigration submissions;
and
(2) any person or persons who received compensation (other
than a nominal fee for copying, mailing, or similar services)
in connection with the preparation, completion, or submission
of such materials will be required to sign the form as a
preparer and provide identifying information.
(b) Civil Injunctions Against Immigration Service Provider.--The
Attorney General may commence a civil action in the name of the United
States to enjoin any immigration service provider from further engaging
in any fraudulent conduct that substantially interferes with the proper
administration of the immigration laws or who willfully misrepresents
such provider's legal authority to provide representation before the
Department of Justice or Department.
(c) Definitions.--In this section:
(1) Immigration laws.--The term ``immigration laws'' has
the meaning given that term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(2) Immigration service provider.--The term ``immigration
service provider'' means any individual or entity (other than
an attorney or individual otherwise authorized to provide
representation in immigration proceedings as provided in
Federal regulation) who, for a fee or other compensation,
provides any assistance or representation to aliens in relation
to any filing or proceeding relating to the alien which arises,
or which the provider claims to arise, under the immigration
laws, executive order, or presidential proclamation.
SEC. 3709. INADMISSIBILITY AND REMOVAL FOR PASSPORT AND IMMIGRATION
FRAUD OFFENSES.
(a) Inadmissibility.--Section 212(a)(2)(A)(i) (8 U.S.C.
1182(a)(2)(A)(i)) is amended--
(1) in subclause (I), by striking ``, or'' at the end and
inserting a semicolon;
(2) in subclause (II), by striking the comma at the end and
inserting ``; or''; and
(3) by inserting after subclause (II) the following:
``(III) a violation of section
1541, 1545, and subsection (b) of
section 1546 of title 18, United States
Code,''.
(b) Removal.--Section 237(a)(3)(B)(iii) (8 U.S.C.
1227(a)(3)(B)(iii)) is amended to read as follows:
``(ii) a violation of section 1541, 1545,
and subsection (b) of section 1546 of title 18,
United States Code,''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to proceedings pending on or after the date of the
enactment of this Act, with respect to conduct occurring on or after
that date.
SEC. 3710. DIRECTIVES RELATED TO PASSPORT AND DOCUMENT FRAUD.
(a) Directive to the United States Sentencing Commission.--
(1) In general.--Pursuant to the authority under section
994 of title 28, United States Code, the United States
Sentencing Commission shall promulgate or amend the sentencing
guidelines, policy statements, and official commentaries, if
appropriate, related to passport fraud offenses, including the
offenses described in chapter 75 of title 18, United States
Code, as amended by section 3407, to reflect the serious nature
of such offenses.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the United States Sentencing Commission
shall submit a report on the implementation of this subsection
to--
(A) the Committee on the Judiciary of the Senate;
and
(B) the Committee on the Judiciary of the House of
Representatives.
(b) Protection for Legitimate Refugees and Asylum Seekers.--
(1) In general.--
(A) Requirement for guidelines.--The Attorney
General, in consultation with the Secretary, shall
develop binding prosecution guidelines for Federal
prosecutors to ensure that each prosecution of an alien
seeking entry into the United States by fraud is
consistent with the United States treaty obligations
under Article 31(1) of the Convention Relating to the
Status of Refugees, done at Geneva July 28, 1951 (as
made applicable by the Protocol Relating to the Status
of Refugees, done at New York January 31, 1967 (19 UST
6223)).
(B) No private right of action.--The guidelines
developed pursuant to subparagraph (A), and any
internal office procedures related to such guidelines--
(i) are intended solely for the guidance of
attorneys of the United States; and
(ii) are not intended to, do not, and may
not be relied upon to, create any right or
benefit, substantive or procedural, enforceable
at law by any party in any administrative,
civil, or criminal matter.
(2) Protection of vulnerable persons.--A person described
in paragraph (3) may not be prosecuted under chapter 75 of
title 18, United States Code, or under section 275 or 276 of
the Immigration and Nationality Act (8 U.S.C. 1325 and 1326),
in connection with the person's entry or attempted entry into
the United States until after the date on which the person's
application for such protection, classification, or status has
been adjudicated and denied in accordance with the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.).
(3) Persons seeking protection, classification, or
status.--A person described in this paragraph is a person who--
(A) is seeking protection, classification, or
status; and
(B)(i) has filed an application for asylum under
section 208 of the Immigration and Nationality Act (8
U.S.C. 1158), withholding of removal under section
241(b)(3) of such Act (8 U.S.C. 1231(b)(3)), or relief
under the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, done at
New York, December 10, 1994, pursuant to title 8, Code
of Federal Regulations;
(ii) indicates immediately after apprehension, that
he or she intends to apply for such asylum, withholding
of removal, or relief and promptly files the
appropriate application;
(iii) has been referred for a credible fear
interview, a reasonable fear interview, or an asylum-
only hearing under section 235 of the Immigration and
Nationality Act (8 U.S.C. 1225) or title 8, Code of
Federal Regulations; or
(iv) has filed an application for classification or
status under--
(I) subparagraph (T) or (U) of paragraph
(15), paragraph (27)(J), or paragraph (51) of
section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)); or
(II) section 216(c)(4)(C) or 240A(b)(2), of
such Act (8 U.S.C. 1186a(c)(4)(C) and
1229b(b)(2)).
SEC. 3711. INADMISSIBLE ALIENS.
(a) Deterring Aliens Ordered Removed From Remaining in the United
States Unlawfully.--Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is
amended--
(1) in clause (i), by striking ``seeks admission within 5
years of the date of such removal (or within 20 years'' and
inserting ``seeks admission not later than 5 years after the
date of the alien's removal (or not later than 20 years after
the alien's removal''; and
(2) in clause (ii), by striking ``seeks admission within 10
years of the date of such alien's departure or removal (or
within 20 years of'' and inserting ``seeks admission not later
than 10 years after the date of the alien's departure or
removal (or not later than 20 years after''.
(b) Biometric Screening.--Section 212 (8 U.S.C. 1182) is amended--
(1) in subsection (a)(7), by adding at the end the
following:
``(C) Withholding information.--Except as provided
in subsection (d)(2), any alien who willfully, through
his or her own fault, refuses to comply with a lawful
request for biometric information is inadmissible.'';
and
(2) in subsection (d), by inserting after paragraph (1) the
following:
``(2) The Secretary may waive the application of subsection
(a)(7)(C) for an individual alien or a class of aliens.''.
(c) Precluding Admissibility of Aliens Convicted of Serious
Criminal Offenses and Domestic Violence, Stalking, Child Abuse and
Violation of Protection Orders.--
(1) Inadmissibility on criminal and related grounds;
waivers.--Section 212 (8 U.S.C. 1182), as amended by section
3302, is further amended--
(A) in subsection (a)(2), as amended by sections
3401 and 3402, is further amended by inserting after
subparagraph (J) the following:
``(K) Crimes of domestic violence, stalking, or
violation of protective orders; crimes against
children.--
``(i) Domestic violence, stalking, and
child abuse.--
``(I) In general.--Any alien who
has been convicted of a crime of
domestic violence, a crime of stalking,
or a crime of child abuse, child
neglect, or child abandonment, provided
the alien served at least 1 year
imprisonment for the crime, or provided
the alien was convicted of offenses
constituting more than 1 such crime,
not arising out of a single scheme of
criminal misconduct, is inadmissible.
``(II) Crime of domestic violence
defined.--In this clause, the term
`crime of domestic violence' means any
crime of violence (as defined in
section 16 of title 18, United States
Code) against a person committed by a
current or former spouse of the person,
by an individual with whom the person
shares a child in common, by an
individual who is cohabiting with or
has cohabited with the person as a
spouse, by an individual similarly
situated to a spouse of the person
under the domestic or family violence
laws of the jurisdiction where the
offense occurs, or by any other
individual against a person who is
protected from that individual's acts
under the domestic or family violence
laws of the United States or any State,
Indian tribal government, or unit of
local or foreign government.
``(ii) Violators of protection orders.--
``(I) In general.--Any alien who at
any time is enjoined under a protection
order issued by a court and whom the
court determines has engaged in conduct
that constitutes criminal contempt of
the portion of a protection order that
involves protection against credible
threats of violence, repeated
harassment, or bodily injury to the
person or persons for whom the
protection order was issued, is
inadmissible.
``(II) Protection order defined.--
In this clause, the term `protection
order' means any injunction issued for
the purpose of preventing violent or
threatening acts of domestic violence,
including temporary or final orders
issued by civil or criminal courts
(other than support or child custody
orders or provisions) whether obtained
by filing an independent action or as
an independent order in another
proceeding.
``(iii) Applicability.--This subparagraph
shall not apply to an alien who has been
battered or subjected to extreme cruelty and
who is not and was not the primary perpetrator
of violence in the relationship, upon a
determination by the Attorney General or the
Secretary of Homeland Security that--
``(I) the alien was acting in self-
defense;
``(II) the alien was found to have
violated a protection order intended to
protect the alien; or
``(III) the alien committed, was
arrested for, was convicted of, or pled
guilty to committing a crime that did
not result in serious bodily injury.'';
(B) in subsection (h)--
(i) by striking ``The Attorney General may,
in his discretion, waive the application of
subparagraphs (A)(i)(I), (B), (D), and (E) of
subsection (a)(2)'' and inserting ``The
Attorney General or the Secretary of Homeland
Security may waive the application of
subparagraphs (A)(i)(I), (B), (D), (E), of
subsection (a)(2)''; and
(ii) by inserting ``or Secretary of
Homeland Security'' after ``the Attorney
General'' each place that term appears.
(2) Effective date.--The amendments made by this subsection
shall apply to any acts that occurred on or after the date of
the enactment of this Act.
SEC. 3712. ORGANIZED AND ABUSIVE HUMAN SMUGGLING ACTIVITIES.
(a) Enhanced Penalties.--
(1) In general.--Title II (8 U.S.C. 1151 et seq.) is
amended by adding at the end the following:
``SEC. 295. ORGANIZED HUMAN SMUGGLING.
``(a) Prohibited Activities.--Whoever, while acting for profit or
other financial gain, knowingly directs or participates in an effort or
scheme to assist or cause 5 or more persons (other than a parent,
spouse or child of the offender)--
``(1) to enter, attempt to enter, or prepare to enter the
United States--
``(A) by fraud, falsehood, or other corrupt means;
``(B) at any place other than a port or place of
entry designated by the Secretary; or
``(C) in a manner not prescribed by the immigration
laws and regulations of the United States; or
``(2) to travel by air, land, or sea toward the United
States (whether directly or indirectly)--
``(A) knowing that the persons seek to enter or
attempt to enter the United States without lawful
authority; and
``(B) with the intent to aid or further such entry
or attempted entry; or
``(3) to be transported or moved outside of the United
States--
``(A) knowing that such persons are aliens in
unlawful transit from one country to another or on the
high seas; and
``(B) under circumstances in which the persons are
in fact seeking to enter the United States without
official permission or legal authority;
shall be punished as provided in subsection (c) or (d).
``(b) Conspiracy and Attempt.--Any person who attempts or conspires
to violate subsection (a) of this section shall be punished in the same
manner as a person who completes a violation of such subsection.
``(c) Base Penalty.--Except as provided in subsection (d), any
person who violates subsection (a) or (b) shall be fined under title
18, imprisoned for not more than 20 years, or both.
``(d) Enhanced Penalties.--Any person who violates subsection (a)
or (b) shall--
``(1) in the case of a violation during and in relation to
which a serious bodily injury (as defined in section 1365 of
title 18) occurs to any person, be fined under title 18,
imprisoned for not more than 30 years, or both;
``(2) in the case of a violation during and in relation to
which the life of any person is placed in jeopardy, be fined
under title 18, imprisoned for not more than 30 years, or both;
``(3) in the case of a violation involving 10 or more
persons, be fined under title 18, imprisoned for not more than
30 years, or both;
``(4) in the case of a violation involving the bribery or
corruption of a U.S. or foreign government official, be fined
under title 18, imprisoned for not more than 30 years, or
both;''.
``(5) in the case of a violation involving robbery or
extortion (as those terms are defined in paragraph (1) or (2),
respectively, of section 1951(b)) be fined under title 18,
imprisoned for not more than 30 years, or both;
``(6) in the case of a violation during and in relation to
which any person is subjected to an involuntary sexual act (as
defined in section 2246(2) of title 18), be fined under title
18, imprisoned for not more than 30 years, or both; or
``(7) in the case of a violation resulting in the death of
any person, be fined under title 18, imprisoned for or any term
of years or for life, or both.
``(e) Lawful Authority Defined.--
``(1) In general.--In this section, the term `lawful
authority'--
``(A) means permission, authorization, or license
that is expressly provided for in the immigration laws
of the United States or accompanying regulations: and
``(B) does not include any such authority secured
by fraud or otherwise obtained in violation of law; nor
does it include authority sought, but not approved.
``(2) Application to travel or entry.--No alien shall be
deemed to have lawful authority to travel to or enter the
United States if such travel or entry was, is, or would be in
violation of law.
``(f) Effort or Scheme.--For purposes of this section, `effort or
scheme to assist or cause 5 or more persons' does not require that the
5 or more persons enter, attempt to enter, prepare to enter, or travel
at the same time so long as the acts are completed within 1 year.
``SEC. 296. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS
CONTROLS.
``(a) Illicit Spotting.--Whoever knowingly transmits to another
person the location, movement, or activities of any Federal, State, or
tribal law enforcement agency with the intent to further a Federal
crime relating to United States immigration, customs, controlled
substances, agriculture, monetary instruments, or other border controls
shall be fined under title 18, imprisoned not more than 10 years, or
both.
``(b) Destruction of United States Border Controls.--Whoever
knowingly and without lawful authorization destroys, alters, or damages
any fence, barrier, sensor, camera, or other physical or electronic
device deployed by the Federal government to control the border or a
port of entry or otherwise seeks to construct, excavate, or make any
structure intended to defeat, circumvent or evade any such fence,
barrier, sensor camera, or other physical or electronic device deployed
by the Federal government to control the border or a port of entry
shall be fined under title 18, imprisoned not more than 10 years, or
both, and if, at the time of the offense, the person uses or carries a
firearm or who, in furtherance of any such crime, possesses a firearm,
that person shall be fined under Title 18, imprisoned not more than 20
years, or both
``(c) Conspiracy and Attempt.--Any person who attempts or conspires
to violate subsection (a) or (b) of this section shall be punished in
the same manner as a person who completes a violation of such
subsection.''.
(2) Table of contents amendment.--The table of contents is
amended by adding after the item relating to section 294 the
following:
``Sec. 295. Organized human smuggling.
``Sec. 296. Unlawfully hindering immigration, border, and customs
controls.''.
(b) Prohibiting Carrying or Use of a Firearm During and in Relation
to an Alien Smuggling Crime.--Section 924(c) of title 18, United States
Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``, alien
smuggling crime,'' after ``crime of violence'' each
place that term appears; and
(B) in subparagraph (D)(ii), by inserting ``, alien
smuggling crime,'' after ``crime of violence''; and
(2) by adding at the end the following:
``(6) For purposes of this subsection, the term `alien smuggling
crime' means any felony punishable under section 274(a), 277, or 278 of
the Immigration and Nationality Act (8 U.S.C. 1324(a), 1327, and
1328).''.
(c) Statute of Limitations.--Section 3298 of title 18, United
States Code, is amended by inserting ``, 295, 296, or 297'' after
``274(a)''.
SEC. 3713. PREVENTING CRIMINALS FROM RENOUNCING CITIZENSHIP DURING
WARTIME.
Section 349(a) (8 U.S.C. 1481(a) is amended--
(1) by striking paragraph (6) ; and
(2) redesignating paragraph (7) as paragraph (6).
SEC. 3714. DIPLOMATIC SECURITY SERVICE.
Paragraph (1) of section 37(a) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2709(a)) is amended to read as
follows:
``(1) conduct investigations concerning--
``(A) illegal passport or visa issuance or use;
``(B) identity theft or document fraud affecting or
relating to the programs, functions, and authorities of
the Secretary of State;
``(C) violations of chapter 77 of title 18, United
States Code; and
``(D) Federal offenses committed within the special
maritime and territorial jurisdiction of the United
States (as defined in section 7(9) of title 18, United
States Code);''.
SEC. 3715. SECURE ALTERNATIVES PROGRAMS.
(a) In General.--The Secretary shall establish secure alternatives
programs that incorporate case management services in each field office
of the Department to ensure appearances at immigration proceedings and
public safety.
(b) Contract Authority.--The Secretary shall contract with
nongovernmental community based organizations to conduct screening of
detainees, provide appearance assistance services, and operate
community-based supervision programs. Secure alternatives shall offer a
continuum of supervision mechanisms and options including community
support, depending on an assessment of each individual's circumstances.
The Secretary may contract with nongovernmental organizations to
implement secure alternatives that maintain custody over the alien.
(c) Individualized Determinations.--In determining whether to use
secure alternatives, the Secretary shall make an individualized
determination, and for each individual placed on secure alternatives
shall review the level of supervision on a monthly basis. Secure
alternatives shall not be used when release on bail or recognizance is
determined to be a sufficient measure to ensure appearances at
immigration proceedings and public safety.
(d) Custody.--The Secretary may use secure alternatives programs to
maintain custody over any alien detained under this Act except for
aliens detained under section 236A of the Immigration and Nationality
Act (8 U.S.C. 1226a). If an individual is not eligible for release from
custody or detention, the Secretary shall consider the alien for
placement in secure alternatives that maintain custody over the alien
to serve as detention, including the use of electronic ankle devices.
SEC. 3716. OVERSIGHT OF DETENTION FACILITIES.
(a) Definitions.--In this section:
(1) Applicable standards.--The term ``applicable
standards'' means the most recent version of detention
standards and detention-related policies issued by the
Secretary or the Director of U.S. Immigration and Customs
Enforcement.
(2) Detention facility.--The term ``detention facility''
means a Federal, State, or local government facility, or a
privately owned and operated facility, that is used, in whole
or in part, to hold individuals under the authority of the
Director of U.S. Immigration and Customs Enforcement, including
facilities that hold such individuals under a contract or
agreement with the Director.
(b) Detention Requirements.--The Secretary shall ensure that all
persons detained pursuant to the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) are treated humanely and benefit from the
protections set forth in this section.
(c) Oversight Requirements.--
(1) Annual inspection.--All detention facilities shall be
inspected by the Secretary on a regular basis, but not less
than annually, for compliance with applicable detention
standards issued by the Secretary and other applicable
regulations.
(2) Routine oversight.--In addition to annual inspections,
the Secretary shall conduct routine oversight of detention
facilities, including unannounced inspections.
(3) Availability of records.--All detention facility
contracts, memoranda of agreement, and evaluations and reviews
shall be considered records for purposes of section 552(f)(2)
of title 5, United States Code.
(4) Consultation.--The Secretary shall seek input from
nongovernmental organizations regarding their independent
opinion of specific facilities.
(d) Compliance Mechanisms.--
(1) Agreements.--
(A) New agreements.--Compliance with applicable
standards of the Secretary and all applicable
regulations, and meaningful financial penalties for
failure to comply, shall be a material term in any new
contract, memorandum of agreement, or any
renegotiation, modification, or renewal of an existing
contract or agreement, including fee negotiations,
executed with detention facilities.
(B) Existing agreements.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary shall secure a modification incorporating
these terms for any existing contracts or agreements
that will not be renegotiated, renewed, or otherwise
modified.
(C) Cancellation of agreements.--Unless the
Secretary provides a reasonable extension to a specific
detention facility that is negotiating in good faith,
contracts or agreements with detention facilities that
are not modified within 1 year of the date of the
enactment of this Act will be cancelled.
(D) Provision of information.--In making
modifications under this paragraph, the Secretary shall
require that detention facilities provide to the
Secretary all contracts, memoranda of agreement,
evaluations, and reviews regarding the facility on a
regular basis. The Secretary shall make these materials
publicly available.
(2) Financial penalties.--
(A) Requirement to impose.--Subject to subparagraph
(C), the Secretary shall impose meaningful financial
penalties upon facilities that fail to comply with
applicable detention standards issued by the Secretary
and other applicable regulations.
(B) Timing of imposition.--Financial penalties
imposed under subparagraph (A) shall be imposed
immediately after a facility fails to achieve an
adequate or the equivalent median score in any
performance evaluation.
(C) Waiver.--The requirements of subparagraph (A)
may be waived if the facility corrects the noted
deficiencies and receives an adequate score in not more
than 90 days.
(D) Multiple offenders.--In cases of persistent and
substantial non-compliance, including scoring less than
adequate or the equivalent median score in 2
consecutive inspections, the Secretary shall terminate
contracts or agreements with such facilities within 60
days, or in the case of facilities operated by the
Secretary, such facilities shall be closed within 90
days.
(e) Reporting Requirements.--
(1) Objectives.--Not later than June 30 of each year, the
Secretary shall prepare and submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report on inspection and
oversight activities of detention facilities.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) a description of each detention facility found
to be in noncompliance with applicable detention
standards issued by the Department and other applicable
regulations;
(B) a description of the actions taken by the
Department to remedy any findings of noncompliance or
other identified problems, including financial
penalties, contract or agreement termination, or
facility closure; and
(C) information regarding whether the actions
described in subparagraph (B) resulted in compliance
with applicable detention standards and regulations.
SEC. 3717. PROCEDURES FOR BOND HEARINGS AND FILING OF NOTICES TO
APPEAR.
(a) Aliens in Custody.--Section 236 (8 U.S.C. 1226) is amended by
adding at the end the following:
``(f) Procedures for Custody Hearings.--For any alien taken into
custody under any provision of this Act, with the exception of minors
being transferred to or in the custody of the Office of Refugee
Resettlement, the following shall apply:
``(1) The Secretary of Homeland Security shall, without
unnecessary delay and not later than 72 hours after the alien
is taken into custody, file the Notice to Appear or other
relevant charging document with the immigration court having
jurisdiction over the location where the alien was apprehended,
and serve such notice on the alien.
``(2) The Secretary shall immediately determine whether the
alien shall remain in custody or be released and, without
unnecessary delay and not later than 72 hours after the alien
was taken into custody, serve upon the alien the custody
decision specifying the reasons for continued custody and the
amount of bond if any.
``(3) The Attorney General shall ensure the alien has the
opportunity to appear before an immigration judge for a custody
determination hearing promptly after service of the Secretary's
custody decision. The immigration judge may, on the Secretary's
motion and upon a showing of good cause, postpone a custody
determination hearing for no more than 72 hours after service
of the custody decision, except that in no case shall the
hearing occur more than seven days (including weekends and
holidays) after the alien was taken into custody.
``(4) The immigration judge shall advise the alien of the
right to postpone the custody determination hearing and shall,
on the oral or written request of the individual, postpone the
custody determination hearing for a period of no more than 14
days.
``(5) Except for aliens that the immigration judge has
determined are deportable as described in section 236A and
236(c), the immigration judge shall review the custody
determination de novo and may detain the alien only if the
Secretary demonstrates that no conditions, including the use of
alternatives to detention that maintain custody over the alien,
will reasonably assure the appearance of the alien as required
and the safety of any other person and the community. For
aliens detained under 236(c), the immigration judge may review
the custody determination if the Secretary agrees the alien is
not a danger to the community and alternatives to detention
exist that assure the appearance of the alien as required and
the safety of any other person and the community.
``(6) In the case of any alien remaining in custody after a
custody determination, the Attorney General shall provide de
novo custody determination hearings before an immigration judge
every 90 days so long as the alien remains in custody. The
alien may obtain a de novo custody redetermination hearing upon
a showing of good cause.
``(7) The Secretary shall inform the alien of his or her
rights under this paragraph at the time the alien is first
taken into custody.''.
(b) Stipulated Removal.--Section 240(d) (8 U.S.C. 1229a) is amended
to read as follows:
``(d) Stipulated Removal.--The Attorney General shall provide by
regulation for the entry by an immigration judge of an order of removal
stipulated to by the alien (or the alien's representative) and the
Service. An immigration judge may enter a stipulated removal order only
upon a finding at an in-person hearing that the stipulation is
voluntary, knowing and intelligent. A stipulated order shall constitute
a conclusive determination of the alien's removability from the United
States.''.
SEC. 3718. SANCTIONS FOR COUNTRIES THAT DELAY OR PREVENT REPATRIATION
OF THEIR NATIONALS.
Section 243(d) (8 U.S.C. 1253(d)) is amended to read as follows:
``(d) Discontinuing Granting Visas to Nationals of Countries That
Deny or Delay Accepting Aliens.--Notwithstanding section 221(c), if the
Secretary of Homeland Security determines, in consultation with the
Secretary of State, that the government of a foreign country denies or
unreasonably delays accepting aliens who are citizens, subjects,
nationals, or residents of that country after the Secretary asks
whether the government will accept an alien under this section, or
after a determination that the alien is inadmissible under paragraph
(6) or (7) of section 212(a), the Secretary of State shall order
consular officers in that foreign country to discontinue granting
visas, or classes of visas until the Secretary of Homeland Security
notifies the Secretary of State that the country has accepted the
aliens.''.
SEC. 3719. GROSS VIOLATIONS OF HUMAN RIGHTS.
(a) Inadmissibility of Certain Aliens.--Section 212(a)(3)(E)(iii)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)(iii)) is
amended to read as follows:
``(iii) Commission of acts of torture,
extrajudicial killings, war crimes, or
widespread or systematic attacks on
civilians.--Any alien who planned, ordered,
assisted, aided and abetted, committed, or
otherwise participated, including through
command responsibility, in the commission of--
``(I) any act of torture (as
defined in section 2340 of title 18,
United States Code);
``(II) any extrajudicial killing
(as defined in section 3(a) of the
Torture Victim Protection Act of 1991
(28 U.S.C. 1350 note)) under color of
law of any foreign nation;
``(III) a war crime (as defined in
section 2441 of title 18, United States
Code); or
``(IV) a widespread or systematic
attack directed against a civilian
population, with knowledge of the
attack, murder, extermination,
enslavement, forcible transfer of
population, arbitrary detention, rape,
sexual slavery, enforced prostitution,
forced pregnancy, enforced
sterilization, or any other form of
sexual violence of comparable gravity;
``(V) persecution on political
racial, national, ethnic, cultural,
religious, or gender grounds;
``(VI) enforced disappearance of
persons; or
``(VII) other inhumane acts of a
similar character intentionally causing
great suffering or serious bodily or
mental injury,
is in admissible.''.
(b) Nonapplicability of Confidentiality Requirement With Respect to
Visa Records.--The President may make public, without regard to the
requirements under section 222(f) of the Immigration and Nationality
Act (8 U.S.C. 1202(f)), with respect to confidentiality of records
pertaining to the issuance or refusal of visas or permits to enter the
United States, the names of aliens deemed inadmissible on the basis of
section 212(a)(3)(E)(iii) of the Immigration and Nationality Act, as
amended by subsection (a).
TITLE IV--REFORMS TO NONIMMIGRANT VISA PROGRAMS
Subtitle A--Employment-based Nonimmigrant Visas
SEC. 4101. MARKET-BASED H-1B VISA LIMITS.
(a) In General.--Section 214(g) (8 U.S.C. 1184(g)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``(beginning with fiscal year 1992)''; and
(B) by amending subparagraph (A) to read as
follows:
``(A) under section 101(a)(15)(H)(i)(b) may not
exceed--
``(i) 110,000 for the first fiscal year
beginning after the date of the enactment the
Border Security, Economic Opportunity, and
Immigration Modernization Act; and
``(ii) the number calculated under
paragraph (9) for succeeding fiscal year; or'';
(2) by redesignating paragraph (10) as subparagraph (D) of
paragraph (9);
(3) by redesignating paragraph (9) as paragraph (10); and
(4) by inserting after paragraph (8) the following:
``(9)(A) Except as provided in subparagraphs (B) and (C), the
allocation of nonimmigrant visas under section 101(a)(15)(H)(i)(b) for
each fiscal year after the first fiscal year beginning after the date
of the enactment of the Border Security, Economic Opportunity, and
Immigration Modernization Act shall be equal to the sum of--
``(i) the allocation of such visas for the most recently
completed fiscal year; and
``(ii) the product of--
``(I) the allocation of such visas for the most
recently completed fiscal year; multiplied by
``(II) the High Skilled Jobs Demand Index for such
fiscal year calculated under subparagraph (C).
``(B)(i) The number of visas calculated under subparagraph (A) for
any fiscal year shall not be less than 110,000 or more than 180,000.
``(ii) The number of visas calculated under subparagraph (A) for
any fiscal year may not be more than 10,000 more than, or less than
10,000 less than, the allocation of such visas for the previous fiscal
year.
``(C) The High Skilled Jobs Demand Index calculated under this
subparagraph for a fiscal year is the percentage equal to the sum of--
``(i) \1/2\ of a fraction--
``(I) the numerator of which is the number of
nonimmigrant visas under section 101(a)(15)(H)(i)(b)
petitioned for during the previous fiscal year minus
the numerical limitation of such visas determined under
paragraph (1) for the previous fiscal year; and
``(II) the denominator of which is the numerical
limitation of such visas determined under paragraph (1)
for the previous fiscal year; and
``(ii) \1/2\ of a fraction--
``(I) the numerator of which is the average number
of specified unemployed persons for the previous fiscal
year minus the average number of specified unemployed
persons for such fiscal year; and
``(II) the denominator of which is the average
number of specified unemployed persons for such fiscal
year.
``(D) If the actual number of visas under section
101(a)(15)(H)(i)(b) applied for during a previous fiscal year is not
available at the time the Secretary determines the numerical limitation
under subparagraph (C) for the following fiscal year, the Secretary may
estimate such number based on a statistical extrapolation of the number
of applications for such visas received at the time such estimate is
made.
``(E) For purposes of subparagraph (C), the term `specified
unemployed persons' means, with respect to any fiscal year, the number
of unemployed persons in the `management, professional, and related
occupations' category of the employment report released by the Bureau
of Labor Statistics.''.
(b) Increase in Allocation for STEM Nonimmigrants.--Section
214(g)(5)(C) (8 U.S.C. 1184(g)(5)(C)) is amended to read as follows:
``(C) has earned a master's or higher, in a field of
science, technology, engineering, or math included in the
Department of Education's Classification of Instructional
Programs taxonomy within the summary groups of computer and
information sciences and support services, engineering,
mathematics and statistics, and physical sciences, from a
United States institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)) until the number of aliens who are exempted from such
numerical limitation during such year exceed 25,000.''.
(c) Publication.--
(1) Data summarizing petitions.--The Secretary shall timely
upload to a public website data that summarizes the
adjudication of nonimmigrant petitions under section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(i)(b)) during each fiscal year.
(2) Annual numerical limitation.--As soon as practicable
and no later than March 2 of each fiscal year, the Secretary
shall publish in the Federal Register the numerical limitation
determined under section 214(g)(1)(A) for such fiscal year.
(d) Effective Date and Application.--The amendments made by
subsection (a) shall take effect on the first day of the first fiscal
year beginning after the date of the enactment of this Act and apply to
applications for nonimmigrant visas under section 101(a)(15)(H)(i)(b)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b))
for such fiscal year.
SEC. 4102. EMPLOYMENT AUTHORIZATION FOR DEPENDENTS OF EMPLOYMENT-BASED
NONIMMIGRANTS.
Section 214(c) (8 U.S.C. 1184(c)) is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''; and
(2) in paragraph (2), by amending subparagraph (E) to read
as follows:
``(E)(i) In the case of an alien spouse admitted under section
101(a)(15)(L), who is accompanying or following to join a principal
alien admitted under such section, the Secretary of Homeland Security
shall--
``(I) authorize the alien spouse to engage in employment in
the United States; and
``(II) provide the spouse with an `employment authorized'
endorsement or other appropriate work permit.
``(ii) In the case of an alien spouse admitted under section
101(a)(15)(H)(i), who is accompanying or following to join a principal
alien admitted under such section, the Secretary of Homeland Security
shall--
``(I) authorize the alien spouse to engage in employment in
the United States only if such spouse is a national of a
foreign country that permits reciprocal employment; and
``(II) provide such a spouse with an `employment
authorized' endorsement or other appropriate work permit, if
appropriate.
``(iii)(I) In clause (ii), the term `foreign country that permits
reciprocal employment' means a foreign country that permits a spouse
who is a national of the United States and is accompanying or following
to join the employment-based nonimmigrant husband or wife of such
spouse to be employed in such foreign country based on that status.
``(II) In subclause (I), the term `employment-based nonimmigrant'
means an individual who is admitted to a foreign country to perform
employment similar to the employment described in section
101(a)(15)(H)(i)(b).''.
SEC. 4103. ELIMINATING IMPEDIMENTS TO WORKER MOBILITY.
(a) Deference to Prior Approvals.--Section 214(c) (8 U.S.C.
1184(c)), as amended by section 4102, is further amended by adding at
the end the following:
``(15) Subject to paragraph (2)(D) and subsection (g) and section
104(c) and subsections (a) and (b) of section 106 of the American
Competitiveness in the Twenty-first Century Act of 2000 (Public Law
106-313; 8 U.S.C. 1184 note), the Secretary of Homeland Security shall
give deference to a prior approval of a petition in reviewing a
petition to extend the status of a nonimmigrant admitted under
subparagraph (H)(i)(b) or (L) of section 101(a)(15) if the petition
involves the same alien and petitioner unless the Secretary determines
that--
``(A) there was a material error with regard to the
previous petition approval;
``(B) a substantial change in circumstances has taken
place;
``(C) new material information has been discovered that
adversely impacts the eligibility of the employer or the
nonimmigrant; or
``(D) in the Secretary's discretion, such extension should
not be approved.''.
(b) Effect of Employment Termination.--Section 214(n) (8 U.S.C.
1184(n)) is amended by adding at the end the following:
``(3) A nonimmigrant admitted under section 101(a)(15)(H)(i)(b)
whose employment relationship terminates before the expiration of the
nonimmigrant's period of authorized admission shall be deemed to have
retained such legal status throughout the entire 60-day period
beginning on the date such employment is terminated. A nonimmigrant who
files a petition to extend, change, or adjust their status at any point
during such period shall be deemed to have lawful status under section
101(a)(15)(H)(i)(b) while that petition is pending.''.
(c) Visa Revalidation.--Section 222(c) (8 U.S.C. 1202(c)) is
amended--
(1) by inserting ``(1)'' before ``Every alien''; and
(2) by adding at the end the following:
``(2) The Secretary of State may, at the Secretary's discretion,
renew in the United States the visa of an alien admitted under
subparagraph (A), (E), (G), (H), (I), (L), (N), (O), (P), (R), or (W)
section 101(a)(15) if the alien has remained eligible for such status
and qualifies for a waiver of interview as provided for in subsection
(h)(1)(D).''.
(d) Interview Waivers for Low Risk Visa Applicants.--Section
222(h)(1) (8 U.S.C. 1202(h)(1)) is amended--
(1) in subparagraph (B)(iv), by striking ``or'' at the end;
(2) in subparagraph (C)(ii), by striking ``and'' at the end
and inserting ``or''; and
(3) by adding at the end the following:
``(D) by the Secretary of State, in consultation
with the Secretary of Homeland Security, for such
aliens or classes of aliens--
``(i) that the Secretary determines
generally represent a low security risk;
``(ii) for which an in-person interview
would not add material benefit to the
adjudication process;
``(iii) unless the Secretary of State,
after a review of all standard database and
biometric checks, the visa application, and
other supporting documents, determines that an
interview is unlikely to reveal derogatory
information; and
``(iv) except that in every case, the
Secretary of State retains the right to require
an applicant to appear for an interview; and''.
SEC. 4104. STEM EDUCATION AND TRAINING.
(a) Fee.--Section 212(a)(5)(A) (8 U.S.C. 1182(a)(5)(A)) is amended
by adding at the end the following:
``(v) Fee.--An employer shall submit, along
with an application for a certification under
this subparagraph, a fee of $500 which shall be
deposited in the STEM Education and Training
Account established by section 286(s).''.
(b) Use of Fee.--Section 286(s) (8 U.S.C. 1356(s)) is amended to
read as follows:
``(s) STEM Education and Training Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as the
`STEM Education and Training Account'. Notwithstanding any
other section of this title, there shall be deposited as
offsetting receipts into the account all fees collected under
section 212(a)(5)(A)(v).
``(2) Low-income stem scholarship program.--Sixty percent
of the amounts deposited into the STEM Education and Training
Account shall remain available to the Director of the National
Science Foundation until expended for scholarships described in
section 414(d) of the American Competitiveness and Workforce
Improvement Act of 1998 (42 U.S.C. 1869c) for low-income
students enrolled in a program of study leading to a degree in
science, technology, engineering, or mathematics.
``(3) National science foundation competitive grant program
for k-12 science, technology, engineering and mathematics
education.--
``(A) In general.--Fifteen percent of the amounts
deposited into the STEM Education and Training Account
shall remain available to the Director of the National
Science Foundation until expended to carry out a direct
or matching grant program to support improvement in K-
12 education, including through private-public
partnerships.
``(B) Types of programs covered.--The Director
shall award grants to such programs, including those
which support the development and implementation of
standards-based instructional materials models and
related student assessments that enable K-12 students
to acquire an understanding of science, technology,
engineering, and mathematics, as well as to develop
critical thinking skills; provide systemic improvement
in training K-12 teachers and education for students in
science, technology, engineering, and mathematics,
including by supporting efforts to promote gender-
equality among students receiving such instruction;
support the professional development of K-12 science,
technology, engineering and mathematics teachers in the
use of technology in the classroom; stimulate system-
wide K-12 reform of science, technology, engineering,
and mathematics in rural, economically disadvantaged
regions of the United States; provide externships and
other opportunities for students to increase their
appreciation and understanding of science, technology,
engineering, and mathematics (including summer
institutes sponsored by an institution of higher
education for students in grades 7-12 that provide
instruction in such fields); involve partnerships of
industry, educational institutions, and community
organizations to address the educational needs of
disadvantaged communities; provide college preparatory
support to expose and prepare students for careers in
science, technology, engineering, and mathematics; and
provide for carrying out systemic reform activities
under section 3(a)(1) of the National Science
Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).
``(4) Stem capacity building at minority-serving
institutions.--
``(A) In general.--Twelve percent of the amounts
deposited into the STEM Education and Training Account
shall remain available to the Director of the National
Science Foundation until expended to establish or
expand programs to award grants on a competitive,
merit-reviewed basis to enhance the quality of
undergraduate science, technology, engineering, and
mathematics education at minority-serving institutions
of higher education and to increase the retention and
graduation rates of students pursuing degrees in such
fields at such institutions.
``(B) Types of programs covered.--Grants awarded
under this paragraph shall be awarded to--
``(i) minority-serving institutions of
higher education for--
``(I) activities to improve courses
and curriculum in science, technology,
engineering, and mathematics;
``(II) efforts to promote gender
equality among students enrolled in
such courses;
``(III) faculty development;
``(IV) stipends for undergraduate
students participating in research; and
``(V) other activities consistent
with subparagraph (A), as determined by
the Director; and
``(ii) to other institutions of higher
education to partner with the institutions
described in clause (i) for--
``(I) faculty and student
development and exchange;
``(II) research infrastructure
development;
``(III) joint research projects;
and
``(IV) identification and
development of minority and low-income
candidates for graduate studies in
science, technology, engineering and
mathematics degree programs.
``(C) Institutions included.--In this paragraph,
the term `minority-serving institutions of higher
education' shall include--
``(i) colleges eligible to receive funds
under the Act of August 30, 1890 (7 U.S.C. 321-
326a and 328), including Tuskegee University;
``(ii) 1994 Institutions, as defined in
section 532 of the Equity in Educational Land-
Grant Status Act of 1994 (7 U.S.C. 301 note);
and
``(iii) Hispanic-serving institutions, as
defined in section 502(a)(5) of the Higher
Education Act of 1965 (20 U.S.C. 1101a(a)(5)).
``(5) STEM job training.--Ten percent of amounts deposited
into the STEM Education and Training Account shall remain
available to the Secretary of Labor until expended for--
``(A) demonstration programs and projects described
in section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998; and
``(B) training programs in the fields of science,
technology, engineering, and mathematics for persons
who have served honorably in the Armed Forces of the
United States and have retired or are retiring from
such service.
``(6) Use of fees for duties relating to petitions.--One
and one-half percent of the amounts deposited into the STEM
Education and Training Account shall remain available to the
Secretary of Homeland Security until expended to carry out
duties under paragraphs (1) (E) or (F) of section 204(a)
(related to petitions for immigrants described in section
203(b)) and under paragraphs (1) and (9) of section 214(c)
(related to petitions made for nonimmigrants described in
section 101(a)(15)(H)(i)(b)).
``(7) Use of fees for application processing and
enforcement.--One and one-half percent of the amounts deposited
into the STEM Education and Training Account shall remain
available to the Secretary of Labor until expended for
decreasing the processing time for applications under section
212(a)(5)(A) and section 212(n)(1).''.
Subtitle B--H-1B Visa Fraud and Abuse Protections
CHAPTER 1--H-1B EMPLOYER APPLICATION REQUIREMENTS
SEC. 4211. MODIFICATION OF APPLICATION REQUIREMENTS.
(a) General Application Requirements.--
(1) Wage rates.--
(A) In general.--Section 212(n)(1)(A) (8 U.S.C.
1182(n)(1)(A)) is amended--
(i) clause (i)--
(I) in the matter preceding
subclause (I), by inserting ``if the
employer is not an H-1B-dependent
employer,'' before ``is offering'';
(II) in subclause (I), by striking
``question, or'' and inserting
``question; or'';
(III) in subclause (II), by
striking ``employment,'' and inserting
``employment;'' and
(IV) in the undesignated material
following subclause (II), by striking
``application, and'' and inserting
``application;''; and
(ii) by striking clause (ii) and inserting
the following:
``(ii) if the employer is an H-1B-dependent
employer, is offering and will offer to H-1B
nonimmigrants, during the period of authorized
employment for each H-1B nonimmigrant, wages that are
not less than the level 2 wages set out in subsection
(p); and
``(iii) will provide working conditions for H-1B
nonimmigrants that will not adversely affect the
working conditions of other workers similarly
employed.''.
(2) Strengthening the prevailing wage system.--
(A) In general.--Section 212(p) (8 U.S.C. 1182(p))
is amended to read as follows:
``(p) Computation of Prevailing Wage Level.--
``(1) In general.--
``(A) Surveys.--For employers of nonimmigrants
admitted pursuant to section 101(a)(15)(H)(i)(b), the
Secretary of Labor shall make available to employers a
governmental survey to determine the prevailing wage
for each occupational classification by metropolitan
statistical area in the United States. Such survey, or
other survey approved by the Secretary of Labor, shall
provide 3 levels of wages commensurate with experience,
education, and level of supervision. Such wage levels
shall be determined as follows:
``(i) The first level shall be the mean of
the lowest two-thirds of wages surveyed, but in
no case less than 80 percent of the mean of the
wages surveyed.
``(ii) The second level shall be the mean
of wages surveyed.
``(iii) The third level shall be the mean
of the highest two-thirds of wages surveyed.
``(B) Educational, nonprofit, research, and
governmental entities.--In computing the prevailing
wage level for an occupational classification in an
area of employment for purposes of section 203(b)(1)(D)
and subsections (a)(5)(A), (n)(1)(A)(i)(II), and
(t)(1)(A)(i)(II) of this section in the case of an
employee of--
``(i) an institution of higher education,
or a related or affiliated nonprofit entity; or
``(ii) a nonprofit research organization or
a governmental research organization;
the prevailing wage level shall only take into account
employees at such institutions and organizations in the
area of employment.
``(2) Payment of prevailing wage.--The prevailing wage
level required to be paid pursuant to section 203(b)(1)(D) and
subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)
of this section shall be 100 percent of the wage level
determined pursuant to those sections.
``(3) Professional athlete.--With respect to a professional
athlete (as defined in subsection (a)(5)(A)(iii)(II)) when the
job opportunity is covered by professional sports league rules
or regulations, the wage set forth in those rules or
regulations shall be considered as not adversely affecting the
wages of United States workers similarly employed and be
considered the prevailing wage.
``(4) Wages for h-2b employees.--
``(A) In general.--The wages paid to H-2B
nonimmigrants employed by the employer will be the
greater of--
``(i) the actual wage level paid by the
employer to other employees with similar
experience and qualifications for such
position; or
``(ii) the prevailing wage level for the
occupational classification of the position in
the geographic area of the employment, based on
the best information available as of the time
of filing the application.
``(B) Best information available.--In subparagraph
(A), the term `best information available', with
respect to determining the prevailing wage for a
position, means--
``(i) a controlling collective bargaining
agreement or Federal contract wage, if
applicable;
``(ii) if there is no applicable wage under
clause (i), the wage level commensurate with
the experience, training, and supervision
required for the job based on Bureau of Labor
Statistics data; or
``(iii) if the data referred to in clause
(ii) is not available, a legitimate and recent
private survey of the wages paid for such
positions in the metropolitan statistical
area.''.
(3) Wages for educational, nonprofit, research, and
governmental entities.--Section 212 is amended by adding at the
end the following:
``(v) Determination of Prevailing Wage.--In the case of a nonprofit
institution of higher education (as defined in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a)), a related or
affiliated nonprofit entity, a nonprofit research organization, or a
Governmental research organization, the Secretary of Labor shall
determine such wage levels as follows:
``(1) If the Secretary of Labor uses, or makes available to
employers, a governmental survey to determine the prevailing
wage, such survey shall provide at least 4 levels of wages
commensurate with experience, education, and the level of
supervision.
``(2) If an existing government survey has only 2 levels, 2
intermediate levels may be created by dividing by 3, the
difference between the 2 levels offered, adding the quotient
thus obtained to the first level and subtracting that quotient
from the second level .
``(3) For institutions of higher education, only teaching
positions and research positions may be paid using this special
educational wage level.''.
(b) Internet Posting Requirement.--Section 212(n)(1)(C) (8 U.S.C.
1182(n)(1)(C)) is amended--
(1) by redesignating clause (ii) as subclause (II);
(2) by striking ``(i) has provided'' and inserting the
following:
``(ii)(I) has provided''; and
(3) by striking ``sought, or'' and inserting ``sought;
or'';
(4) by inserting before clause (ii), as redesignated by
paragraph (2), the following:
``(i) has advertised on the Internet website
maintained by the Secretary of Labor for the purpose of
such advertising, for at least 30 calendar days, a
detailed description of each position for which a
nonimmigrant is sought that includes a description of--
``(I) the wage ranges and other terms and
conditions of employment;
``(II) the minimum education, training,
experience, and other requirements for the
position; and
``(III) the process for applying for the
position; and''.
(c) Application of Requirements to All Employers.--
(1) Nondisplacement.--Section 212(n)(1)(E) (8 U.S.C.
1182(n)(1)(E)) is amended to read as follows:
``(E)(i)(I) Subject to subclause (II), in the case of an
application filed by an employer that is not an H-1B-dependent
employer, the employer did not displace and will not displace a
United States worker (as defined in paragraph (4)) employed by
the employer within the period beginning 90 days before and
ending 90 days after the date of filing of any visa petition
supported by the application.
``(II) An employer who is not an H-1B-dependent employer
shall not be subject to clause (i) if the number of United
States workers employed by such employer in the same job zone
as the H-1B nonimmigrant has not decreased during the 1-year
period ending on the date of the labor condition application
filed by the employer.
``(ii)(I) In the case of an application filed by an H-1B-
dependent employer, the employer did not displace and will not
displace a United States worker (as defined in paragraph (4))
employed by the employer within the period beginning 180 days
before and ending 180 days after the date of the filing of any
visa petition supported by the application.
``(II) An application described in this clause is an
application filed on or after the date final regulations are
first promulgated to carry out this subparagraph, and before by
an H-1B-dependent employer (as defined in paragraph (3)) or by
an employer that has been found, on or after the date of the
enactment of the American Competitiveness and Workforce
Improvement Act of 1998, under paragraph (2)(C) or (5) to have
committed a willful failure or misrepresentation during the 5-
year period preceding the filing of the application.
``(iii) In this subparagraph, the term` job zone' means a
zone assigned to an occupation by--
``(I) the Occupational Information Network Database
(O*NET) on the date of the enactment of this Act; or
``(II) such Database or a similar successor
database, as designated by the Secretary of Labor,
after the date of the enactment of this Act.''.
(2) Recruitment.--Section 212(n)(1)(G) (8 U.S.C.
1182(n)(1)(G)) is amended to read as follows:
``(G) An employer, prior to filing the application--
``(i) has advertised the job on an Internet website
maintained by the Secretary of Labor for the purpose of
such advertising;
``(ii) has offered the job to any United States
worker who applies and is equally or better qualified
for the job for which the nonimmigrant or nonimmigrants
is or are sought; and
``(iii) if the employer is an H-1B-dependent
employer, has taken good faith steps to recruit, in the
United States using procedures that meet industry-wide
standards and offering compensation that is at least as
great as that required to be offered to H-1B
nonimmigrants under subparagraph (A), United States
workers for the job for which the nonimmigrant or
nonimmigrants is or are sought.''.
(d) Outplacement.--Section 212(n)(1)(F) (8 U.S.C. 1182(n)(1)(F)) is
amended to read as follows:
``(F)(i) An H-1B-dependent employer may not place,
outsource, lease, or otherwise contract for the
services or placement of an H-1B nonimmigrant employee.
``(ii) An employer that is not an H-1B-dependent
employer and not described in paragraph (3)(A)(i) may
not place, outsource, lease, or otherwise contract for
the services or placement of an H-1B nonimmigrant
employee unless the employer pays a fee of $500.
``(iii) A fee collected under clause (ii) shall be
deposited in the Comprehensive Immigration Reform Trust
Fund established under section 6 of the Border
Security, Economic Opportunity, and Immigration
Modernization Act.''.
(e) H-1B-dependent Employer Defined.--Section 212(n)(3) (8 U.S.C.
1182(n)(3)) is amended to read as follows:
``(3)(A) For purposes of complying with the requirements related to
outplacement of an employee, the term `H-1B-dependent employer' means
an employer that--
``(i) is not a nonprofit institution of higher education, a
nonprofit research organization, or an employer whose primary
line of business is healthcare and who is petitioning for a
physician, a nurse, or physical therapist or a substantially
equivalent healthcare occupation; and
``(ii)(I) in the case of an employer that has 25 or fewer
full-time equivalent employees who are employed in the United
States, employs more than 7 H-1B nonimmigrants;
``(II) in the case of an employer that has at least 26 but
not more than 50 full-time equivalent employees who are
employed in the United States, employs more than 12 H-1B
nonimmigrant; or
``(III) in the case of an employer that has at least 51
full-time equivalent employees who are employed in the United
States, employs H-1B nonimmigrants in a number that is equal to
at least 15 percent of the number of such full-time equivalent
employees.
``(B) In determining the number of employees who are H-1B
nonimmigrants under subparagraph (A)(ii), an intending immigrant
employee shall not count toward such number''.
(f) Intending Immigrants Defined.--Section 101(a) (8 U.S.C.
1101(a)) is amended by adding at the end the following:
``(53)(A) The term `intending immigrant' means, with
respect to the number of aliens employed by an employer, an
alien who intends to work and reside permanently in the United
States, as evidenced by--
``(i) for a covered employer, an approved
application for a labor certification or an application
that has been pending for longer than 1 year; or
``(ii) a pending or approved immigrant status
petition filed for such alien.
``(B) In this paragraph:
``(i) The term `covered employer' means an employer
of an alien that, during the 1-year period ending on
the date the employer files an application for the
labor certification for such alien, has filed an
immigrant status petition for not less than 90 percent
of the aliens for whom the employer filed an
application for a labor certification during such
period. Labor certification applications that have been
pending for longer than 1 year may be treated for this
calculation as if the employer filed an immigrant
status petition
``(ii) The term `labor certification' means an
employment certification under section 212(a)(5)(A).
``(iii) The term `immigrant status petition' means
a petition filed under paragraph (1), (2), or (3) of
section 203(b).
``(C) Notwithstanding any other provision of law, for all--
``(i) calculations under this Act of the number of
aliens admitted pursuant to subparagraph (H)(i)(b) or
(L) of paragraph (15) an intending immigrant shall be
counted as an alien lawfully admitted for permanent
residence and shall not be counted as an employee
admitted pursuant to such a subparagraph; and
``(ii) determinations of the number of employees or
United States workers employed by an employer, all of
the employees in any group treated as a single employer
under subsection (b), (c), (m), or (o) of section 414
of the Internal Revenue Code of 1986 shall be
counted.''.
SEC. 4212. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES IN HEALTH
PROFESSIONAL SHORTAGE AREAS.
(a) Extension of Period of Authorized Admission.--Section 212(m)(3)
(8 U.S.C. 1182(m)(3)) is amended to read as follows:
``(3) The initial period of authorized admission as a nonimmigrant
under section 101(a)(15)(H)(i)(c) shall be 3 years, and may be extended
once for an additional 3-year period.''.
(b) Number of Visas.--Section 212(m)(4) (8 U.S.C. 1182(m)(4)) is
amended by striking ``500.'' and inserting ``300.''.
(c) Portability.--Section 214(n) (8 U.S.C. 1184(n)), as amended by
section 4103(b), is further amended by adding at the end the following:
``(4)(A) A nonimmigrant alien described in subparagraph (B) who was
previously issued a visa or otherwise provided nonimmigrant status
under section 101(a)(15)(H)(i)(c) is authorized to accept new
employment performing services as a registered nurse for a facility
described in section 212(m)(6) upon the filing by the prospective
employer of a new petition on behalf of such nonimmigrant as provided
under subsection (c). Employment authorization shall continue for such
alien until the new petition is adjudicated. If the new petition is
denied, such authorization shall cease.
``(B) A nonimmigrant alien described in this paragraph is a
nonimmigrant alien--
``(i) who has been lawfully admitted into the United
States;
``(ii) on whose behalf an employer has filed a nonfrivolous
petition for new employment before the date of expiration of
the period of stay authorized by the Secretary of Homeland
Security, except that, if a nonimmigrant described in section
101(a)(15)(H)(i)(c) is terminated or laid off by the
nonimmigrant's employer, or otherwise ceases employment with
the employer, such petition for new employment shall be filed
during the 45-day period beginning on the date of such
termination, lay off, or cessation; and
``(iii) who, subsequent to such lawful admission, has not
been employed without authorization in the United States before
the filing of such petition.''.
(d) Applicability.--
(1) In general.--Beginning on the commencement date
described in paragraph (2), the amendments made by section 2 of
the Nursing Relief for Disadvantaged Areas Act of 1999 (Public
Law 106-95; 113 Stat. 1313), and the amendments made by this
section, shall apply to classification petitions filed for
nonimmigrant status. This period shall be in addition to the
period described in section 2(e) of the Nursing Relief for
Disadvantaged Areas Act of 1999 (8 U.S.C. 1182 note).
(2) Commencement date.--Not later than 60 days after the
date of the enactment of this Act, the Secretary shall
determine whether regulations are necessary to implement the
amendments made by this section. If the Secretary determines
that no such regulations are necessary, the commencement date
described in this paragraph shall be the date of such
determination. If the Secretary determines that regulations are
necessary to implement any amendment made by this section, the
commencement date described in this paragraph shall be the date
on which such regulations (in final form) take effect.
SEC. 4213. NEW APPLICATION REQUIREMENTS.
Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by inserting
after clause (iii) of subparagraph (G) , as amended by section
4211(c)(2),the following:
``(H)(i) The employer has not advertised any available
position specified in the application in an advertisement that
states or indicates that--
``(I) such position is only available to an
individual who is or will be an H-1B nonimmigrant or an
alien participating in optional practical training
pursuant to section 101(a)(15)(F)(i); or
``(II) an individual who is or will be an H-1B
nonimmigrant or participant in such optional practical
training shall receive priority or a preference in the
hiring process for such position.
``(ii) The employer has not solely recruited individuals
who are or who will be H-1B nonimmigrants or participants in
optional practical training pursuant to section
101(a)(15)(F)(i) to fill such position.
``(I)(i) If the employer (other than an educational or
research employer) employs 50 or more employees in the United
States, the sum of the number of such employees who are H-1B
nonimmigrants plus the number of such employees who are
nonimmigrants described in section 101(a)(15)(L) may not
exceed--
``(I) 75 percent of the total number of employees,
for fiscal year 2015;
``(II) 65 percent of the total number of employees,
for fiscal year 2016; and
``(III) 50 percent of the total number of
employees, for each fiscal year after fiscal year 2016.
``(ii) In this subparagraph:
``(I) The term `educational or research employer'
means an employer that is a nonprofit institution of
higher education or a nonprofit research organization
described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from taxation under 501(a) of
that Code.
``(II) The term `H-1B nonimmigrant' means an alien
admitted as a nonimmigrant pursuant to section
101(a)(15)(H)(i)(b).
``(III) The term `L nonimmigrant' means an alien
admitted as a nonimmigrant pursuant to section
101(a)(15)(L) to provide services to his or her
employer involving specialized knowledge.
``(iii) In determining the percentage of employees of an
employer that are H-1B nonimmigrants or L nonimmigrants under
clause (i), an intending immigrant employee shall not count
toward such percentage.
``(J) The employer shall submit to the Secretary of
Homeland Security an annual report that includes the Internal
Revenue Service Form W-2 Wage and Tax Statement filed by the
employer for each H-1B nonimmigrant employed by the employer
during the previous year.''.
SEC. 4214. APPLICATION REVIEW REQUIREMENTS.
(a) Technical Amendment.--Section 212(n)(1) (8 U.S.C. 1182(n)(1)),
as amended by section 4213, is further amended in the undesignated
paragraph at the end, by striking ``The employer'' and inserting the
following:
``(K) The employer''.
(b) Application Review Requirements.--Subparagraph (K) of such
section 212(n)(1), as designated by subsection (a), is amended--
(1) by inserting ``and through the Department of Labor's
website, without charge.'' after ``D.C.'';
(2) by striking ``only for completeness'' and inserting
``for completeness and evidence of fraud or misrepresentation
of material fact,'';
(3) by striking ``or obviously inaccurate'' and inserting
``, presents evidence of fraud or misrepresentation of material
fact, or is obviously inaccurate'';
(4) by striking ``within 7 days of the'' and inserting
``not later than 14 after''; and
(5) by adding at the end the following: ``If the
Secretary's review of an application identifies evidence of
fraud or misrepresentation of material fact, the Secretary may
conduct an investigation and hearing in accordance with
paragraph (2).''.
(c) Filing of Petition for Nonimmigrant Worker.--Section 212(n)(1)
(8 U.S.C. 1182(n)(1)), as amended by section 4213, is further amended
by adding at the end the following:
``(L) An I-129 Petition for Nonimmigrant Worker (or similar
successor form)--
``(i) may be filed by an employer with the
Secretary of Homeland Security prior to the date the
employer receives an approved certification described
in section 101(a)(15)(H)(i)(b) from the Secretary of
Labor; and
``(ii) may not be approved by the Secretary of
Homeland Security until the date such certification is
approved.''.
CHAPTER 2-- INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST H-1B
EMPLOYERS
SEC. 4221. GENERAL MODIFICATION OF PROCEDURES FOR INVESTIGATION AND
DISPOSITION.
Subparagraph (A) of section 212(n)(2) (8 U.S.C. 1182(n)(2)) is
amended--
(1) by striking ``(A) Subject'' and inserting ``(A)(i)
Subject'';
(2) by striking ``12 months'' and inserting ``24 months'';
(3) by striking the last sentence; and
(4) by adding at the end the following:
``(ii)(I) Upon the receipt of such a complaint, the
Secretary may initiate an investigation to determine if
such a failure or misrepresentation has occurred.
``(II) The Secretary may conduct voluntary surveys
of the degree to which employers comply with the
requirements of this subsection.
``(III) The Secretary shall--
``(aa) conduct annual compliance audits of
each employer with more than 100 employees who
work in the United States if more than 15
percent of such employees are H-1B
nonimmigrants; and
``(bb) make available to the public an
executive summary or report describing the
general findings of the audits carried out
pursuant to this subclause.''.
SEC. 4222. INVESTIGATION, WORKING CONDITIONS, AND PENALTIES.
Subparagraph (C) of section 212(n)(2) (8 U.S.C. 1182(n)(2)) is
amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I)--
(i) by striking ``a condition of paragraph
(1)(B), (1)(E), or (1)(F)'' and inserting ``a
condition under subparagraph (A), (B), (C)(i),
(E), (F), (G)(i)(I), (H), (I), or (J) of
paragraph (1)''; and
(ii) by striking ``(1)(C)'' and inserting
``(1)(C)(ii)'';
(B) in subclause (I)--
(i) by striking ``$1,000'' and inserting
``$2,000''; and
(ii) by striking ``and'' at the end;
(C) in subclause (II), by striking the period at
the end and inserting a semicolon and ``and''; and
(D) by adding at the end the following:
``(III) an employer that violates such subparagraph (A)
shall be liable to any employee harmed by such violations for
lost wages and benefits.''; and
(2) in clause (ii)--
(A) in subclause (I)--
(i) by striking ``may'' and inserting
``shall''; and
(ii) by striking ``$5,000'' and inserting
``$10,000'';
(B) in subclause (II), by striking the period at
the end and inserting a semicolon and ``and''; and
(C) by adding at the end the following:
``(III) an employer that violates such subparagraph (A)
shall be liable to any employee harmed by such violations for
lost wages and benefits.'';
(3) in clause (iii)--
(A) in the matter preceding subclause (I), by
striking ``90 days'' both places it appears and
inserting ``180 days'';
(B) in subclause (I)--
(i) by striking ``may'' and inserting
``shall''; and
(ii) by striking ``and'' at the end;
(C) in subclause (II), by striking the period at
the end and inserting a semicolon and ``and''; and
(D) by adding at the end the following:
``(III) an employer that violates subparagraph (A) of such
paragraph shall be liable to any employee harmed by such
violations for lost wages and benefits.'';
(4) in clause (iv)--
(A) by inserting ``to take, or threaten to take, a
personnel action, or'' before ``to intimidate'';
(B) by inserting ``(I)'' after ``(iv)''; and
(C) by adding at the end the following:
``(II) An employer that violates this clause shall be
liable to any H-1B nonimmigrant employee harmed by such
violation for lost wages and benefits.''; and
(5) in clause (vi)--
(A) by amending subclause (I) to read as follows:
``(I) It is a violation of this clause for an employer who
has filed an application under this subsection--
``(aa) to require an H-1B nonimmigrant to pay a
penalty for ceasing employment with the employer prior
to a date agreed to by the nonimmigrant and the
employer (the Secretary shall determine whether a
required payment is a penalty, and not liquidated
damages, pursuant to relevant State law); and
``(bb) to fail to offer to an H-1B nonimmigrant,
during the nonimmigrant's period of authorized
employment, on the same basis, and in accordance with
the same criteria, as the employer offers to similarly
situated United States workers, benefits and
eligibility for benefits, including--
``(AA) the opportunity to participate in
health, life, disability, and other insurance
plans;
``(BB) the opportunity to participate in
retirement and savings plans; and
``(CC) cash bonuses and noncash
compensation, such as stock options (whether or
not based on performance).''; and
(B) in subclause (III), by striking ``$1,000'' and
inserting ``$2,000''.
SEC. 4223. INITIATION OF INVESTIGATIONS.
Subparagraph (G) of section 212(n)(2) (8 U.S.C. 1182(n)(2)) is
amended--
(1) in clause (i), by striking ``if the Secretary'' and all
that follows and inserting ``with regard to the employer's
compliance with the requirements of this subsection.'';
(2) in clause (ii), by striking ``and whose identity'' and
all that follows through ``failure or failures.'' and inserting
``the Secretary of Labor may conduct an investigation into the
employer's compliance with the requirements of this
subsection.'';
(3) in clause (iii), by striking the last sentence;
(4) by striking clauses (iv) and (v);
(5) by redesignating clauses (vi), (vii), and (viii) as
clauses (iv), (v), and (vi), respectively;
(6) in clause (iv), as so redesignated, by striking ``meet
a condition described in clause (ii), unless the Secretary of
Labor receives the information not later than 12 months'' and
inserting ``comply with the requirements under this subsection,
unless the Secretary of Labor receives the information not
later than 24 months'';
(7) by amending clause (v), as so redesignated, to read as
follows:
``(v) The Secretary of Labor shall provide notice to an
employer of the intent to conduct an investigation. The notice
shall be provided in such a manner, and shall contain
sufficient detail, to permit the employer to respond to the
allegations before an investigation is commenced. The Secretary
is not required to comply with this clause if the Secretary
determines that such compliance would interfere with an effort
by the Secretary to investigate or secure compliance by the
employer with the requirements of this subsection. A
determination by the Secretary under this clause shall not be
subject to judicial review.'';
(8) in clause (vi), as so redesignated, by striking ``An
investigation'' and all that follows through ``the
determination.'' and inserting ``If the Secretary of Labor,
after an investigation under clause (i) or (ii), determines
that a reasonable basis exists to make a finding that the
employer has failed to comply with the requirements under this
subsection, the Secretary shall provide interested parties with
notice of such determination and an opportunity for a hearing
in accordance with section 556 of title 5, United States Code,
not later than 120 days after the date of such
determination.''; and
(9) by adding at the end the following:
``(vii) If the Secretary of Labor, after a hearing, finds a
reasonable basis to believe that the employer has violated the
requirements under this subsection, the Secretary shall impose
a penalty under subparagraph (C).''.
SEC. 4224. INFORMATION SHARING.
Subparagraph (H) of section 212(n)(2) (8 U.S.C. 1182(n)(2)) is
amended to read as follows:
``(H) The Director of United States Citizenship and Immigration
Services shall provide the Secretary of Labor with any information
contained in the materials submitted by employers of H-1B nonimmigrants
as part of the adjudication process that indicates that the employer is
not complying with visa program requirements for H-1B nonimmigrants.
The Secretary may initiate and conduct an investigation related to H-1B
nonimmigrants and hearing under this paragraph after receiving
information of noncompliance under this subparagraph. This subparagraph
may not be construed to prevent the Secretary of Labor from taking
action related to wage and hour and workplace safety laws.''.
CHAPTER 3--OTHER PROTECTIONS
SEC. 4231. POSTING AVAILABLE POSITIONS THROUGH THE DEPARTMENT OF LABOR.
(a) Department of Labor Website.--Section 212(n) (8 U.S.C. 1182(n))
is amended by adding at the end following:
``(6)(A) Not later than 90 days after the date of the enactment of
the Border Security, Economic Opportunity, and Immigration
Modernization Act, the Secretary of Labor shall establish a searchable
Internet website for posting positions as required by paragraph (1)(C).
Such website shall be available to the public without charge.
``(B) The Secretary may work with private companies or nonprofit
organizations to develop and operate the Internet website described in
subparagraph (A).
``(C) The Secretary may promulgate rules, after notice and a period
for comment, to carry out the requirements of this paragraph.''.
(b) Requirement for Publication.--The Secretary of Labor shall
submit to Congress and publish in the Federal Register and other
appropriate media a notice of the date that the Internet website
required by paragraph (6) of section 212(n) of such Act, as amended by
subsection (a), will be operational.
(c) Application.--The amendments made by subsection (a) shall apply
to an application filed on or after the date that is 30 days after the
date described in subsection (b).
SEC. 4232. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.
(a) Immigration Documents.--Section 204 (8 U.S.C. 1154) is amended
by adding at the end the following:
``(m) Employer To Provide Immigration Paperwork Exchanged With
Federal Agencies.--
``(1) In general.--Not later than 30 days after a Labor
Condition Application is filed, an employer shall provide an
employee or beneficiary of such Application who is or seeking
to be an nonimmigrant described in subparagraph (H)(i)(b) of
(L) of section 101(a)(15) with a copy the original of all
applications and petitions filed by the employer with the
Department of Labor or the Department of Homeland Security for
such employee or beneficiary.
``(2) Withholding of financial or proprietary
information.--If a document required to be provided to an
employee or beneficiary under paragraph (1) includes any
financial or propriety information of the employer, the
employer may redact such information from the copies provided
to such employee or beneficiary.''.
(b) Report on Job Classification and Wage Determinations.--Not
later than 1 year after the date of the enactment of this Act, the
Comptroller General of the United States shall prepare a report
analyzing the accuracy and effectiveness of the Secretary of Labor's
current job classification and wage determination system. The report
shall--
(1) specifically address whether the systems in place
accurately reflect the complexity of current job types as well
as geographic wage differences; and
(2) make recommendations concerning necessary updates and
modifications.
SEC. 4233. REQUIREMENTS FOR INFORMATION FOR H-1B AND L NONIMMIGRANTS.
Section 214 (8 U.S.C. 1184), as amended by section 3608, is further
amended by adding at the end the following:
``(t) Requirements for Information for H-1B and L Nonimmigrants.--
``(1) In general.--Upon issuing a visa to an applicant for
nonimmigrant status pursuant to subparagraph (H)(i)(b) or (L)
of section 101(a)(15) who is outside the United States, the
issuing office shall provide the applicant with--
``(A) a brochure outlining the obligations of the
applicant's employer and the rights of the applicant
with regard to employment under Federal law, including
labor and wage protections; and
``(B) the contact information for appropriate
Federal agencies or departments that offer additional
information or assistance in clarifying such
obligations and rights.
``(2) Provision of material.--Upon the approval of an
application of an applicant referred to in paragraph (1), the
applicant shall be provided with the material described in
subparagraphs (A) and (B) of paragraph (1)--
``(A) by the issuing officer of the Department of
Homeland Security, if the applicant is inside the
United States; or
``(B) by the appropriate official of the Department
of State, if the applicant is outside the United
States.''.
SEC. 4234. FILING FEE FOR H-1B-DEPENDENT EMPLOYERS.
(a) In General.--Notwithstanding any other provision of law, there
shall be a fee required to be submitted by an employer with an
application for admission of an H-1B nonimmigrant as follows:
(1) For each of the fiscal years 2015 through 2024, $5,000
for applicants that employ 50 or more employees in the United
States if more than 30 percent and less than 50 percent of the
applicant's employees are H-1B nonimmigrants or L
nonimmigrants.
(2) For each of the fiscal years 2015 through 2017, $10,000
for applicants that employ 50 or more employees in the United
States if more than 50 percent and less than 75 percent of the
applicant's employees are H-1B nonimmigrants or L
nonimmigrants.
(b) Definitions.--In this section:
(1) Employer.--The term ``employer''--
(A) means any entity or entities treated as a
single employer under subsection (b), (c), (m), or (o)
of section 414 of the Internal Revenue Code of 1986;
and
(B) does not include a nonprofit institution of
higher education or a nonprofit research organization
described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from taxation under 501(a) of
that Code that is--
(i) an institution of higher education (as
defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a))); or
(ii) a research organization.
(2) H-1B nonimmigrant.--The term ``H-1B nonimmigrant''
means an alien admitted as a nonimmigrant pursuant to section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(i)(b)).
(3) Intending immigrant.--The term ``intending immigrant''
has the meaning given that term in paragraph (53) of section
101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)).
(4) L nonimmigrant.--The term ``L nonimmigrant'' means an
alien admitted as a nonimmigrant pursuant to section
101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(L)) to provide services to the alien's employer
involving specialized knowledge.
(c) Exception for Intending Immigrants.--In determining the
percentage of employees of an employer that are H-1B nonimmigrants or L
nonimmigrants under subsection (a), an intending immigrant employee
shall not count toward such percentage.
(d) Conforming Amendment.--Section 402 of the Act entitled ``An Act
making emergency supplemental appropriations for border security for
the fiscal year ending September 30, 2010, and for other purposes'',
approved August 13, 2010 (Public Law 111-230; 8 U.S.C. 1101 note) is
amended by striking subsection (b).
SEC. 4235. PROVIDING PREMIUM PROCESSING OF EMPLOYMENT-BASED VISA
PETITIONS.
Pursuant to section 286(u) of the Immigration and Nationality Act
(8 U.S.C. 1356(u)), the Secretary shall establish and collect--
(1) a fee for premium processing of employment-based
immigrant petitions; and
(2) a fee for premium processing of an administrative
appeal of any decision on a permanent employment-based
immigrant petition.
SEC. 4236. TECHNICAL CORRECTION.
Section 212 (8 U.S.C. 1182) is amended by redesignating the second
subsection (t), as added by section 1(b)(2)(B) of the Act entitled ``An
Act to amend and extend the Irish Peace Process Cultural and Training
Program Act of 1998'' (Public Law 108-449 (118 Stat. 3470)), as
subsection (u).
SEC. 4237. APPLICATION.
Except as specifically otherwise provided, the amendments made by
this subtitle shall apply to applications filed on or after the date of
the enactment of this Act.
Subtitle C--L Visa Fraud and Abuse Protections
SEC. 4301. PROHIBITION ON OUTPLACEMENT OF L NONIMMIGRANTS.
Subparagraph (F) of section 214(c)(2) (8 U.S.C. 1184(c)(2)) is
amended to read as follows:
``(F) The employer of an alien described in section 101(a)(15)(L)
shall not place, outsource, lease, or otherwise contract for the
services or placement of such alien with another employer unless--
``(i) the other employer is an affiliate, subsidiary, or
parent entity of the petitioning employer;
``(ii) such alien will not be controlled or supervised
principally by the employer with whom such alien would be
placed;
``(iii) the placement of such alien at the worksite of the
other employer, who is not described in clause (i), is not
essentially an arrangement to provide labor for hire for the
other employer; and
``(iv) the other employer attests that the other employer
has not displaced and will not displace a United States worker
during the period beginning 90 days prior to and 90 days after
the date the employer files the application.''.
SEC. 4302. L EMPLOYER PETITION REQUIREMENTS FOR EMPLOYMENT AT NEW
OFFICES.
Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended by adding at the
end the following:
``(G)(i) If the beneficiary of a petition under this paragraph is
coming to the United States to open, or be employed in, a new office,
the petition may be approved for up to 12 months only if--
``(I) the alien has not been the beneficiary of 2 or more
petitions under this subparagraph during the immediately
preceding 2 years; and
``(II) the employer operating the new office has--
``(aa) an adequate business plan;
``(bb) sufficient physical premises to carry out
the proposed business activities; and
``(cc) the financial ability to commence doing
business immediately upon the approval of the petition.
``(ii) An extension of the approval period under clause (i) may not
be granted until the importing employer submits an application to the
Secretary of Homeland Security that contains--
``(I) evidence that the importing employer meets the
requirements of this subsection;
``(II) evidence that the beneficiary of the petition is
eligible for nonimmigrant status under section 101(a)(15)(L);
``(III) a statement summarizing the original petition;
``(IV) evidence that the importing employer has complied
with the business plan submitted under clause (i)(I);
``(V) evidence of the truthfulness of any representations
made in connection with the filing of the original petition;
``(VI) evidence that the importing employer has been doing
business at the new office through regular, systematic, and
continuous provision of goods and services;
``(VII) a statement of the duties the beneficiary has
performed at the new office during the approval period under
clause (i) and the duties the beneficiary will perform at the
new office during the extension period granted under this
clause;
``(VIII) a statement describing the staffing at the new
office, including the number of employees and the types of
positions held by such employees;
``(IX) evidence of wages paid to employees;
``(X) evidence of the financial status of the new office;
and
``(XI) any other evidence or data prescribed by the
Secretary.
``(iii) A new office employing the beneficiary of an L-1 petition
approved under this paragraph shall do business only through regular,
systematic, and continuous provision of goods and services.
``(iv) Notwithstanding clause (ii), and subject to the maximum
period of authorized admission set forth in subparagraph (D), the
Secretary of Homeland Security, in the Secretary's discretion, may
approve a subsequently filed petition on behalf of the beneficiary to
continue employment at the office described in this subparagraph for a
period beyond the initially granted 12-month period if the importing
employer has been doing business at the new office through regular,
systematic, and continuous provision of goods and services for the 6
months immediately preceding the date of extension of petition filing
and demonstrates that the failure to satisfy any of the requirements
described in those subclauses was directly caused by extraordinary
circumstances, as determined by the Secretary in the Secretary's
discretion.''.
SEC. 4303. COOPERATION WITH SECRETARY OF STATE.
Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by section
4302, is further amended by adding at the end the following:
``(H) For purposes of approving petitions under this paragraph, the
Secretary of Homeland Security shall work cooperatively with the
Secretary of State to verify the existence or continued existence of a
company or office in the United States or in a foreign country.''.
SEC. 4304. LIMITATION ON EMPLOYMENT OF L NONIMMIGRANTS.
Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by sections
4302 and 4303, is further amended by adding at the end the following:
``(I)(i) If the employer employs 50 or more employees in the United
States, the sum of the number of such employees who are H-1B
nonimmigrants plus the number of such employees who are L nonimmigrants
may not exceed--
``(I) 75 percent of the total number of employees, for
fiscal year 2015;
``(II) 65 percent of the total number of employees, for
fiscal year 2016; and
``(III) 50 percent of the total number of employees, for
each fiscal year after fiscal year 2016.
``(ii) In this subparagraph:
``(I) The term `employer' does not include a nonprofit
institution of higher education or a nonprofit research
organization/an organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from taxation
under 501(a) of that Code that is--
``(aa) an institution of higher education (as
defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a))); or
``(bb) a research organization.
``(II) The term `H-1B nonimmigrant' means an alien admitted
as a nonimmigrant pursuant to section 101(a)(15)(H)(i)(b).
``(III) The term `L nonimmigrant' means an alien admitted
as a nonimmigrant pursuant to section 101(a)(15)(L) to provide
services to the alien's employer involving specialized
knowledge.
``(iii) In determining the percentage of employees of an employer
that are H-1B nonimmigrants or L nonimmigrants under clause (i), an
intending immigrant employee shall not count toward such percentage.''.
SEC. 4305. FILING FEE FOR L NONIMMIGRANTS.
(a) In General.--Notwithstanding any other provision of law, the
filing fee for an application for admission of an L nonimmigrant shall
be as follows:
(1) For each of the fiscal years 2014 through 2024, $5,000
for applicants that employ 50 or more employees in the United
States if more than 30 percent and less than 50 percent of the
applicant's employees are H-1B nonimmigrants or L
nonimmigrants.
(2) For each of the fiscal years 2014 through 2017, $10,000
for applicants that employ 50 or more employees in the United
States if more than 50 percent and less than 75 percent of the
applicant's employees are H-1B nonimmigrants or L
nonimmigrants.
(b) Definitions.--In this section:
(1) Employer.--The term ``employer'' does not include a
nonprofit institution of higher education or a nonprofit
research organization/an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
taxation under 501(a) of that Code that is--
(A) an institution of higher education (as defined
in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a))); or
(B) a research organization.
(2) H-1B nonimmigrant.--The term ``H-1B nonimmigrant''
means an alien admitted as a nonimmigrant pursuant to section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(i)(b)).
(3) L nonimmigrant.--The term ``L nonimmigrant'' means an
alien admitted as a nonimmigrant pursuant to section
101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(L)) to provide services to the alien's employer
involving specialized knowledge.
(c) Exception for Intending Immigrants.--In determining the
percentage of employees of an employer that are H-1B nonimmigrants or L
nonimmigrants under subsection (a), an intending immigrant employee
shall not count toward such percentage.
(d) Conforming Amendment.--Section 402 of the Act entitled ``An Act
making emergency supplemental appropriations for border security for
the fiscal year ending September 30, 2010, and for other purposes'',
approved August 13, 2010 (Public Law 111-230; 8 U.S.C. 1101 note), as
amended by section 4234(d), is further amended by striking subsections
(a) and (c).
SEC. 4306. INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST L
NONIMMIGRANT EMPLOYERS.
Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by sections
4302, 4303, and 4304 is further amended by adding at the end the
following:
``(J)(i) The Secretary of Homeland Security may initiate an
investigation of any employer that employs nonimmigrants described in
section 101(a)(15)(L) with regard to the employer's compliance with the
requirements of this subsection.
``(ii)(I) If the Secretary receives specific credible information
from a source who is likely to have knowledge of an employer's
practices, employment conditions, or compliance with the requirements
under this subsection, the Secretary may conduct an investigation into
the employer's compliance with the requirements of this subsection.
``(II) The Secretary may withhold the identity of a source referred
to in subclause (I) from an employer and the identity of such source
shall not be subject to disclosure under section 552 of title 5, United
States Code.
``(iii) The Secretary shall establish a procedure for any person
desiring to provide to the Secretary information described in clause
(ii)(I) that may be used, in whole or in part, as the basis for the
commencement of an investigation described in such clause, to provide
the information in writing on a form developed and provided by the
Secretary and completed by or on behalf of the person.
``(iv) No investigation described in clause (ii)(I) (or hearing
described in clause (vi) based on such investigation) may be conducted
with respect to information about a failure to comply with the
requirements under this subsection, unless the Secretary receives the
information not later than 24 months after the date of the alleged
failure.
``(v)(I) Subject to subclause (III), before commencing an
investigation of an employer under clause (i) or (ii), the Secretary
shall provide notice to the employer of the intent to conduct such
investigation.
``(II) The notice required by subclause (I) shall be provided in
such a manner, and shall contain sufficient detail, to permit the
employer to respond to the allegations before an investigation is
commenced.
``(III) The Secretary is not required to comply with this clause if
the Secretary determines that to do so would interfere with an effort
by the Secretary to investigate or secure compliance by the employer
with the requirements of this subsection.
``(IV) There shall be no judicial review of a determination by the
Secretary under this clause.
``(vi) If the Secretary, after an investigation under clause (i) or
(ii), determines that a reasonable basis exists to make a finding that
the employer has failed to comply with the requirements under this
subsection, the Secretary shall provide the interested parties with
notice of such determination and an opportunity for a hearing in
accordance with section 556 of title 5, United States Code, not later
than 120 days after the date of such determination. If such a hearing
is requested, the Secretary shall make a finding concerning the matter
by not later than 120 days after the date of the hearing.
``(vii) If the Secretary, after a hearing, finds a reasonable basis
to believe that the employer has violated the requirements under this
subsection, the Secretary shall impose a penalty under subparagraph
(K).
``(viii)(I) The Secretary may conduct surveys of the degree to
which employers comply with the requirements under this section.
``(II) The Secretary shall--
``(aa) conduct annual compliance audits of each employer
with more than 100 employees who work in the United States if
more than 15 percent of such employees are nonimmigrants
described in 101(a)(15)(L); and
``(bb) make available to the public an executive summary or
report describing the general findings of the audits carried
out pursuant to this subclause.''.
SEC. 4307. PENALTIES.
Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by sections
4302, 4303, 4304, and 4306, is further amended by adding at the end the
following:
``(K)(i) If the Secretary of Homeland Security finds, after notice
and an opportunity for a hearing, a failure by an employer to meet a
condition under subparagraph (F), (G), or (L) or a misrepresentation of
material fact in a petition to employ 1 or more aliens as nonimmigrants
described in section 101(a)(15)(L)--
``(I) the Secretary shall impose such administrative remedies
(including civil monetary penalties in an amount not to exceed $2,000
per violation) as the Secretary determines to be appropriate;
``(II) the Secretary may not, during a period of at least 1 year,
approve a petition for that employer to employ 1 or more aliens as such
nonimmigrants; and
``(III) in the case of a violation of subparagraph (J), the
employer shall be liable to the employees harmed by such violation for
lost wages and benefits.
``(ii) If the Secretary finds, after notice and an opportunity for
a hearing, a willful failure by an employer to meet a condition under
subparagraph (F), (G), or (L) or a willful misrepresentation of
material fact in a petition to employ 1 or more aliens as nonimmigrants
described in section 101(a)(15)(L)--
``(I) the Secretary shall impose such administrative
remedies (including civil monetary penalties in an amount not
to exceed $10,000 per violation) as the Secretary determines to
be appropriate;
``(II) the Secretary may not, during a period of at least 2
years, approve a petition filed for that employer to employ 1
or more aliens as such nonimmigrants; and
``(III) in the case of a violation of subparagraph (J), the
employer shall be liable to the employees harmed by such
violation for lost wages and benefits.''.
SEC. 4308. PROHIBITION ON RETALIATION AGAINST L NONIMMIGRANTS.
Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by sections
4302, 4303, 4303, 4306, and 4307, is further amended by adding at the
end the following:
``(L)(i) It is a violation of this subparagraph for an employer who
has filed a petition to import 1 or more aliens as nonimmigrants
described in section 101(a)(15)(L) to take, fail to take, or threaten
to take or fail to take, a personnel action, or to intimidate,
threaten, restrain, coerce, blacklist, discharge, or discriminate in
any other manner against an employee because the employee--
``(I) has disclosed information that the employee
reasonably believes evidences a violation of this subsection,
or any rule or regulation pertaining to this subsection; or
``(II) cooperates or seeks to cooperate with the
requirements of this subsection, or any rule or regulation
pertaining to this subsection.
``(ii) In this subparagraph, the term `employee' includes--
``(I) a current employee;
``(II) a former employee; and
``(III) an applicant for employment.''.
SEC. 4309. REPORTS ON L NONIMMIGRANTS.
Section 214(c)(8) (8 U.S.C. 1184(c)(8)) is amended by inserting
``(L),'' after ``(H),''.
SEC. 4310. APPLICATION.
The amendments made by this subtitle shall apply to applications
filed on or after the date of the enactment of this Act.
SEC. 4311. REPORT ON L BLANKET PETITION PROCESS.
(a) Requirement for Report.--Not later than 6 months after the date
of the enactment of this Act, the Inspector General of the Department
of Homeland Security shall submit to the appropriate committees of
Congress a report regarding the use of blanket petitions under section
214(c)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1184(c)(2)(A)). Such report shall assess the efficiency and reliability
of the process for reviewing such blanket petitions, including whether
the process includes adequate safeguards against fraud and abuse.
(b) Appropriate Committees of Congress.--In this section the term
``appropriate committees of Congress'' means--
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Homeland Security of the House of
Representatives; and
(4) the Committee on the Judiciary of the House of
Representatives.
Subtitle D--Other Nonimmigrant Visas
SEC. 4401. NONIMMIGRANT VISAS FOR STUDENTS.
(a) Authorization of Dual Intent for F Nonimmigrants Seeking
Bachelor's or Graduate Degrees.--
(1) In general.--Section 101(a)(15)(F) (8 U.S.C.
1101(a)(15)(F)) is amended to read as follows:
``(F)(i) an alien having a residence in a foreign
country who is a bona fide student qualified to pursue
a full course of study and who seeks to enter the
United States temporarily and solely for the purpose of
pursuing such a course of study consistent with section
214(m) at an accredited college, university, or
language training program, or at an established
seminary, conservatory, academic high school,
elementary school, or other academic institution in the
United States, particularly designated by the alien and
approved by the Secretary of Homeland Security after
consultation with the Secretary of Education, which
institution or place of study shall have agreed to
report to the Secretary of Homeland Security the
termination of attendance of each nonimmigrant student,
and if any such institution of learning or place of
study fails to make reports promptly the approval shall
be withdrawn, except that such an alien who is not
seeking to pursue a degree that is a bachelor's degree
or a graduate degree shall have a residence in a
foreign country that the alien has no intention of
abandoning;
``(ii) the alien spouse and minor children of any
alien described in clause (i) if accompanying or
following to join such an alien; and
``(iii) an alien who is a national of Canada or
Mexico, who maintains actual residence and place of
abode in the country of nationality, who is described
in clause (i) except that the alien's qualifications
for and actual course of study may be full or part-
time, and who commutes to the United States institution
or place of study from Canada or Mexico.''.
(2) Presumption of status; intention to abandon foreign
residence.--Section 214 (8 U.S.C. 1184) is amended--
(A) in subsection (b), by striking ``(L) or (V)''
and inserting ``(F), (L), or (V)''; and
(B) in subsection (h), by striking ``(H)(i)(b) or
(c),'' and inserting ``(F), (H)(i)(b), (H)(i)(c),''.
(b) Accreditation Requirement for Colleges and Universities.--
Section 101(a)(52) (8 U.S.C. 1101(a)(52)) is amended to read as
follows:
``(52) Except as provided in section 214(m)(4), the term
`accredited college, university, or language training program'
means a college, university, or language training program that
is accredited by an accrediting agency recognized by the
Secretary of Education.''.
(c) Other Requirements for Academic Institutions.--Section 214(m)
(8 U.S.C. 1184(m)) is amended by adding at the end the following:
``(3) The Secretary of Homeland Security, in the Secretary's
discretion, may require accreditation of an academic institution
(except for seminaries or other religious institutions) for purposes of
section 101(a)(15)(F) if--
``(A) that institution is not already required to be
accredited under section 101(a)(15)(F)(i);
``(B) an appropriate accrediting agency recognized by the
Secretary of Education is able to provide such accreditation;
and
``(C) the institution has or will have 25 or more alien
students accorded status as nonimmigrants under clause (i) or
(iii) of section 101(a)(15)(F) pursuing a course of study at
that institution.
``(4) The Secretary of Homeland Security, in the Secretary's
discretion, may waive the accreditation requirement in section
101(a)(15)(F)(i) with respect to an established college, university, or
language training program if the academic institution--
``(A) is otherwise in compliance with the requirements of
such section; and
``(B) is making a good faith effort to satisfy the
accreditation requirement.
``(5)(A) No person convicted of an offense referred to in
subparagraph (B) shall be permitted by any academic institution having
authorization for attendance by nonimmigrant students under section
101(a)(15)(F)(i) to be involved with the institution as its principal,
owner, officer, board member, general partner, or other similar
position of substantive authority for the operations or management of
the institution, including serving as an individual designated by the
institution to maintain records required by the Student and Exchange
Visitor Information System established under section 641 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1372).
``(B) An offense referred to in this subparagraph includes a
violation, punishable by a term of imprisonment of more than 1 year, of
any of the following:
``(i) Chapter 77 of title 18, United States Code (relating
to peonage, slavery and trafficking in persons).
``(ii) Chapter 117 of title 18, United States Code
(relating to transportation for illegal sexual activity and
related crimes).
``(iii) Section 274 of the Immigration and Nationality Act
(8 U.S.C. 1324) (relating to unlawful bringing of aliens into
the United States).
``(iv) Section 1546 of title 18, United States Code
(relating to fraud and misuse of visas, permits, and other
documents) relating to an academic institution's participation
in the Student and Exchange Visitor Program.''.
(d) Conforming Amendment.--Section 212(a)(6)(G) (8 U.S.C.
1182(a)(6)(G)) is amended by striking ``section 214(l)'' and inserting
``section 214(m)''.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsections (a), (b), and (c)--
(A) shall take effect on the date that is 180 days
after the date of the enactment of this Act; and
(B) shall apply with respect to applications for a
nonimmigrant visa under section 101(a)(15)(F)(i) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(F)(i)) that are filed on or after the
effective date described in subparagraph (A).
(2) Temporary exception.--
(A) In general.--During the 3-year period beginning
on the date of the enactment of this Act, an alien
seeking to enter the United States to pursue a course
of study at a college or university that has been
certified by the Secretary may be granted a
nonimmigrant visa under clause (i) or clause (iii) of
section 101(a)(15)(F) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(F)) without
regard to whether or not that college or university has
been accredited or been denied accreditation by an
entity described in section 101(a)(52) of such Act (8
U.S.C. 1101(a)(52)), as amended by subsection (b).
(B) Additional requirement.--An alien may not be
granted a nonimmigrant visa under subparagraph (A) if
the college or university to which the alien seeks to
enroll does not--
(i) submit an application for the
accreditation of such institution to a regional
or national accrediting agency recognized by
the Secretary of Education on or before the
date that is 1 year after the effective date
described in paragraph (1)(A); and
(ii) comply with the applicable accrediting
requirements of such agency.
SEC. 4402. CLASSIFICATION FOR SPECIALTY OCCUPATION WORKERS FROM FREE
TRADE COUNTRIES.
(a) Nonimmigrant Status.--Section 101(a)(15)(E)(8 U.S.C.
1101(a)(15)(E)) is amended--
(1) in the matter preceding clause (i), by inserting ``,
bilateral investment treaty, or free trade agreement'' after
``treaty of commerce and navigation'';
(2) in clause (ii), by striking ``or'' at the end; and
(3) by adding at the end the following:
``(iv) solely to perform services in a
specialty occupation in the United States if
the alien is a national of a country, other
than Chile, Singapore, or Australia, with which
the United States has entered into a free trade
agreement (regardless of whether such an
agreement is a treaty of commerce and
navigation) and with respect to whom the
Secretary of Labor determines and certifies to
the Secretary of Homeland Security and the
Secretary of State that the intending employer
has filed with the Secretary of Labor an
attestation under section 212(t); or
``(v) solely to perform services in a
specialty occupation in the United States if
the alien is a national of the Republic of
Korea and with respect to whom the Secretary of
Labor determines and certifies to the Secretary
of Homeland Security and the Secretary of State
that the intending employer has filed with the
Secretary of Labor an attestation under section
212(t);''.
(b) Free Trade Agreements.--Section 214(g) (8 U.S.C. 1184(g)) is
amended by adding at the end the following:
``(12)(A) The free trade agreements referred to in section
101(a)(15)(E)(iv) are defined as any free trade agreement designated by
the Secretary of Homeland Security with the concurrence of the United
States Trade Representative and the Secretary of State.
``(B) The Secretary of State may not approve a number of initial
applications submitted for aliens described in section
101(a)(15)(E)(iv) that is more than 5,000 per fiscal year for each
country with which the United States has entered into a Free Trade
Agreement.
``(C) The applicable numerical limitation referred to in
subparagraph (A) shall apply only to principal aliens and not to the
spouses or children of such aliens.''.
(c) Nonimmigrant Professionals.--Section 212(t) (8 U.S.C. 1182(t))
is amended by striking ``section 101(a)(15)(E)(iii)'' each place that
term appears and inserting ``clause (iii) or (iv) of section
101(a)(15)(E)''.
SEC. 4403. E-VISA REFORM.
(a) Nonimmigrant Category.--Section 101(a)(15)(E)(iii) (8 U.S.C.
1101(a)(15)(E)(iii)) is amended by inserting ``, or solely to perform
services as an employee and who has at least a high school education or
its equivalent, or has, within 5 years, at least 2 years of work
experience in an occupation which requires at least 2 years of training
or experience if the alien is a national of the Republic of Ireland,''
after ``Australia''.
(b) Temporary Admission.--Section 212(d)(3)(A) (8 U.S.C.
1182(d)(3)(A)) is amended to read as follows:
``(A) Except as otherwise provided in this subsection--
``(i) an alien who is applying for a nonimmigrant
visa and who the consular officer knows or believes to
be ineligible for such visa under subsection (a) (other
than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (C),
(E)(i), and (E)(ii) of paragraph (3) of such
subsection)--
``(I) after approval by the Secretary of
Homeland Security of a recommendation by the
Secretary of State or by the consular officer
that the alien be admitted temporarily despite
the alien's inadmissibility, may be granted
such a visa and may be admitted into the United
States temporarily as a nonimmigrant, in the
discretion of the Secretary of Homeland
Security; or
``(II) absent such recommendation and
approval, be granted a nonimmigrant visa
pursuant to section 101(a)(15)(E) if such
ineligibility is based solely on conduct in
violation of paragraph (6), (7), or (9) of
section 212(a) that occurred before the date of
the enactment of the Border Security, Economic
Opportunity, and Immigration Modernization Act;
and
``(ii) an alien who is inadmissible under
subsection (a) (other than subparagraphs (A)(i)(I),
(A)(ii), (A)(iii), (C), (E)(i), and (E)(ii) of
paragraph (3) of such subsection), is in possession of
appropriate documents or was granted a waiver from such
document requirement, and is seeking admission, may be
admitted into the United States temporarily as a
nonimmigrant, in the discretion of the Secretary of
Homeland Security, who shall prescribe conditions,
including exaction of such bonds as may be necessary,
to control and regulate the admission and return of
inadmissible aliens applying for temporary admission
under this paragraph.''.
(c) Numerical Limitation.--Section 214(g)(11)(B) (8 U.S.C.
1184(g)(11)(B)) is amended by striking the period at the end and
inserting ``for each of the nationalities identified under section
101(a)(15)(E)(iii).''.
SEC. 4404. OTHER CHANGES TO NONIMMIGRANT VISAS.
(a) Portability.--Paragraphs (1) and (2) of section 214(n) (8
U.S.C. 1184(n)) are amended to read as follows:
``(1) A nonimmigrant alien described in paragraph (2) who was
previously issued a visa or otherwise provided nonimmigrant status
under section 101(a)(15)(H)(i)(b) or 101(a)(15)(O)(i) is authorized to
accept new employment pursuant to such section upon the filing by the
prospective employer of a new petition on behalf of such nonimmigrant
as provided under subsection (a). Employment authorization shall
continue for such alien until the new petition is adjudicated. If the
new petition is denied, such authorization shall cease.
``(2) A nonimmigrant alien described in this paragraph is a
nonimmigrant alien--
``(A) who has been lawfully admitted into the United
States;
``(B) on whose behalf an employer has filed a nonfrivolous
petition for new employment before the date of expiration of
the period of stay authorized by the Secretary of Homeland
Security; and
``(C) who, subsequent to such lawful admission, has not
been employed without authorization in the United States before
the filing of such petition.''.
(b) Waiver.--The undesignated material at the end of section
214(c)(3) (8 U.S.C. 1184(c)(3)) is amended to read as follows:
``The Secretary of Homeland Security shall provide by regulation for
the waiver of the consultation requirement under subparagraph (A) in
the case of aliens who have been admitted as nonimmigrants under
section 101(a)(15)(O)(i) because of extraordinary ability in the arts
or extraordinary achievement in motion picture or television production
and who seek readmission to perform similar services within 3 years
after the date of a consultation under such subparagraph provided that,
in the case of aliens admitted because of extraordinary achievement in
motion picture or television production, such waiver shall apply only
if the prior consultations by the appropriate union and management
organization were favorable or raised no objection to the approval of
the petition. Not later than 5 days after such a waiver is provided,
the Secretary shall forward a copy of the petition and all supporting
documentation to the national office of an appropriate labor
organization.''.
SEC. 4405. TREATMENT OF NONIMMIGRANTS DURING ADJUDICATION OF
APPLICATION.
Section 214 (8 U.S.C. 1184), as amended by sections 3609 and 4233,
is further amended by adding at the end the following:
``(u) Treatment of Nonimmigrants During Adjudication of
Application.--A nonimmigrant alien granted employment authorization
pursuant to sections 101(a)(15)(A), 101(a)(15)(E), 101(a)(15)(G),
101(a)(15)(H), 101(a)(15)(I), 101(a)(15)(J), 101(a)(15)(L),
101(a)(15)(O), 101(a)(15)(P), 101(a)(15)(Q), 101(a)(15)(R), 214(e), and
such other sections as the Secretary of Homeland Security may by
regulations prescribe whose status has expired but who has, or whose
sponsoring employer or authorized agent has, filed a timely application
or petition for an extension of such employment authorization and
nonimmigrant status as provided under subsection (a) is authorized to
continue employment with the same employer until the application or
petition is adjudicated. Such authorization shall be subject to the
same conditions and limitations as the initial grant of employment
authorization.''.
SEC. 4406. NONIMMIGRANT ELEMENTARY AND SECONDARY SCHOOL STUDENTS.
Section 214(m)(1)(B) (8 U.S.C. 1184(m)(1)(B)) is amended striking
``unless--'' and all that follows through ``(ii)'' and inserting
``unless''.
Subtitle E--JOLT Act
SEC. 4501. SHORT TITLES.
This subtitle may be cited as the ``Jobs Originated through
Launching Travel Act of 2013'' or the ``JOLT Act of 2013''.
SEC. 4502. PREMIUM PROCESSING.
Section 221 (8 U.S.C. 1201) is amended by inserting at the end the
following:
``(j) Premium Processing.--
``(1) Pilot processing service.--Recognizing that the best
solution for expedited processing is low interview wait times
for all applicants, the Secretary of State shall nevertheless
establish, on a limited, pilot basis only, a fee-based premium
processing service to expedite interview appointments. In
establishing a pilot processing service, the Secretary may--
``(A) determine the consular posts at which the
pilot service will be available;
``(B) establish the duration of the pilot service;
``(C) define the terms and conditions of the pilot
service, with the goal of expediting visa appointments
and the interview process for those electing to pay
said fee for the service; and
``(D) resources permitting, during the pilot
service, consider the addition of consulates in
locations advantageous to foreign policy objectives or
in highly populated locales.
``(2) Fees.--
``(A) Authority to collect.--The Secretary of State
is authorized to collect, and set the amount of, a fee
imposed for the premium processing service. The
Secretary of State shall set the fee based on all
relevant considerations including, the cost of
expedited service.
``(B) Use of fees.--Fees collected under the
authority of subparagraph (A) shall be deposited as an
offsetting collection to any Department of State
appropriation, to recover the costs of providing
consular services. Such fees shall remain available for
obligation until expended.
``(C) Relationship to other fees.--Such fee is in
addition to any existing fee currently being collected
by the Department of State.
``(D) Nonrefundable.--Such fee will be
nonrefundable to the applicant.
``(3) Description of premium processing.--Premium
processing pertains solely to the expedited scheduling of a
visa interview. Utilizing the premium processing service for an
expedited interview appointment does not establish the
applicant's eligibility for a visa. The Secretary of State
shall, if possible, inform applicants utilizing the premium
processing of potential delays in visa issuance due to
additional screening requirements, including necessary
security-related checks and clearances.
``(4) Report to congress.--
``(A) Requirement for report.--Not later than 18
months after the date of the enactment of the JOLT Act
of 2013, the Secretary of State shall submit to the
appropriate committees of Congress a report on the
results of the pilot service carried out under this
section.
``(B) Appropriate committees of congress defined.--
In this paragraph, the term `appropriate committees of
Congress' means--
``(i) the Committee on the Judiciary, the
Committee on Foreign Relations, and the
Committee on Appropriations of the Senate; and
``(ii) the Committee on the Judiciary, the
Committee on Foreign Affairs, and the Committee
on Appropriations of the House of
Representatives.''.
SEC. 4503. ENCOURAGING CANADIAN TOURISM TO THE UNITED STATES.
Section 214 (8 U.S.C. 1184), as amended by sections 3609, 4233, and
4405, is further amended by adding at the end the following:
``(v) Canadian Retirees.--
``(1) In general.--The Secretary of Homeland Security may
admit as a visitor for pleasure as described in section
101(a)(15)(B) any alien for a period not to exceed 240 days, if
the alien demonstrates, to the satisfaction of the Secretary,
that the alien--
``(A) is a citizen of Canada;
``(B) is at least 55 years of age;
``(C) maintains a residence in Canada;
``(D) owns a residence in the United States or has
signed a rental agreement for accommodations in the
United States for the duration of the alien's stay in
the United States;
``(E) is not inadmissible under section 212;
``(F) is not described in any ground of
deportability under section 237;
``(G) will not engage in employment or labor for
hire in the United States; and
``(H) will not seek any form of assistance or
benefit described in section 403(a) of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1613(a)).
``(2) Spouse.--The spouse of an alien described in
paragraph (1) may be admitted under the same terms as the
principal alien if the spouse satisfies the requirements of
paragraph (1), other than subparagraph (D).
``(3) Immigrant intent.--In determining eligibility for
admission under this subsection, maintenance of a residence in
the United States shall not be considered evidence of intent by
the alien to abandon the alien's residence in Canada.
``(4) Period of admission.--During any single 365-day
period, an alien may be admitted as described in section
101(a)(15)(B) pursuant to this subsection for a period not to
exceed 240 days, beginning on the date of admission. Periods of
time spent outside the United States during such 240-day period
shall not toll the expiration of such 240-day period.''.
SEC. 4504. RETIREE VISA.
(a) Nonimmigrant Status.--Section 101(a)(15) is amended by
inserting after subparagraph (W) the following:
``(Y) subject to section 214(w), an alien who,
after the date of the enactment of the JOLT Act of
2013--
``(i)(I) uses at least $500,000 in cash to
purchase 1 or more residences in the United
States, which each sold for more than 100
percent of the most recent appraised value of
such residence, as determined by the property
assessor in the city or county in which the
residence is located;
``(II) maintains ownership of residential
property in the United States worth at least
$500,000 during the entire period the alien
remains in the United States as a nonimmigrant
described in this subparagraph; and
``(III) resides for more than 180 days per
year in a residence in the United States that
is worth at least $250,000; and
``(ii) the alien spouse and children of the
alien described in clause (i) if accompanying
or following to join the alien.''.
(b) Visa Application Procedures.--Section 214 (8 U.S.C. 1184), as
amended by sections 3609, 4233, 4405, and 4503, is further amended by
adding at the end the following:
``(w) Visas of Nonimmigrants Described in Section 101(a)(15)(Y).--
``(1) The Secretary of Homeland Security shall authorize
the issuance of a nonimmigrant visa to any alien described in
section 101(a)(15)(Y) who submits a petition to the Secretary
that demonstrates, to the satisfaction of the Secretary, that
the alien--
``(A) has purchased a residence in the United
States that meets the criteria set forth in section
101(a)(15)(Y)(i);
``(B) is at least 55 years of age;
``(C) possesses health insurance coverage;
``(D) is not inadmissible under section 212; and
``(E) will comply with the terms set forth in
paragraph (2).
``(2) An alien who is issued a visa under this subsection--
``(A) shall reside in the United States at a
residence that meets the criteria set forth in section
101(a)(15)(Y)(i) for more than 180 days per year;
``(B) is not authorized to engage in employment in
the United States, except for employment that is
directly related to the management of the residential
property described in section 101(Y)(i)(II);
``(C) is not eligible for any form of assistance or
benefit described in section 403(a) of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1613(a)); and
``(D) may renew such visa every 3 years under the
same terms and conditions.''.
SEC. 4505. INCENTIVES FOR FOREIGN VISITORS VISITING THE UNITED STATES
DURING LOW PEAK SEASONS.
The Secretary of State shall make publically available, on a
monthly basis, historical data, for the previous 2 years, regarding the
availability of visa appointments for each visa processing post, to
allow applicants to identify periods of low demand, when wait times
tend to be lower.
SEC. 4506. VISA WAIVER PROGRAM ENHANCED SECURITY AND REFORM.
(a) Definitions.--Section 217(c)(1) (8 U.S.C. 1187(c)(1)) is
amended to read as follows:
``(1) Authority to designate; definitions.--
``(A) Authority to designate.--The Secretary of
Homeland Security, in consultation with the Secretary
of State, may designate any country as a program
country if that country meets the requirements under
paragraph (2).
``(B) Definitions.--In this subsection:
``(i) Appropriate congressional
committees.--The term `appropriate
congressional committees' means--
``(I) the Committee on Foreign
Relations, the Committee on Homeland
Security and Governmental Affairs, and
the Committee on the Judiciary of the
Senate; and
``(II) the Committee on Foreign
Affairs, the Committee on Homeland
Security, and the Committee on the
Judiciary of the House of
Representatives.
``(ii) Overstay rate.--
``(I) Initial designation.--The
term `overstay rate' means, with
respect to a country being considered
for designation in the program, the
ratio of--
``(aa) the number of
nationals of that country who
were admitted to the United
States on the basis of a
nonimmigrant visa under section
101(a)(15)(B) whose periods of
authorized stay ended during a
fiscal year but who remained
unlawfully in the United States
beyond such periods; to
``(bb) the number of
nationals of that country who
were admitted to the United
States on the basis of a
nonimmigrant visa under section
101(a)(15)(B) whose periods of
authorized stay ended during
that fiscal year.
``(II) Continuing designation.--The
term `overstay rate' means, for each
fiscal year after initial designation
under this section with respect to a
country, the ratio of--
``(aa) the number of
nationals of that country who
were admitted to the United
States under this section or on
the basis of a nonimmigrant
visa under section
101(a)(15)(B) whose periods of
authorized stay ended during a
fiscal year but who remained
unlawfully in the United States
beyond such periods; to
``(bb) the number of
nationals of that country who
were admitted to the United
States under this section or on
the basis of a nonimmigrant
visa under section
101(a)(15)(B) whose periods of
authorized stay ended during
that fiscal year.
``(III) Computation of overstay
rate.--In determining the overstay rate
for a country, the Secretary of
Homeland Security may utilize
information from any available
databases to ensure the accuracy of
such rate.
``(iii) Program country.--The term `program
country' means a country designated as a
program country under subparagraph (A).''.
(b) Technical and Conforming Amendments.--Section 217 (8 U.S.C.
1187) is amended--
(1) by striking ``Attorney General'' each place the term
appears (except in subsection (c)(11)(B)) and inserting
``Secretary of Homeland Security''; and
(2) in subsection (c)--
(A) in paragraph (2)(C)(iii), by striking
``Committee on the Judiciary and the Committee on
International Relations of the House of Representatives
and the Committee on the Judiciary and the Committee on
Foreign Relations of the Senate'' and inserting
``appropriate congressional committees'';
(B) in paragraph (5)(A)(i)(III), by striking
``Committee on the Judiciary, the Committee on Foreign
Affairs, and the Committee on Homeland Security, of the
House of Representatives and the Committee on the
Judiciary, the Committee on Foreign Relations, and the
Committee on Homeland Security and Governmental Affairs
of the Senate'' and inserting ``appropriate
congressional committees''; and
(C) in paragraph (7), by striking subparagraph (E).
(c) Designation of Program Countries Based on Overstay Rates.--
(1) In general.--Section 217(c)(2)(A) (8 U.S.C.
1187(c)(2)(A)) is amended to read as follows:
``(A) General numerical limitations.--
``(i) Low nonimmigrant visa refusal rate.--
The percentage of nationals of that country
refused nonimmigrant visas under section
101(a)(15)(B) during the previous full fiscal
year was not more than 3 percent of the total
number of nationals of that country who were
granted or refused nonimmigrant visas under
such section during such year.
``(ii) Low nonimmigrant overstay rate.--The
overstay rate for that country was not more
than 3 percent during the previous fiscal
year.''.
(2) Qualification criteria.--Section 217(c)(3) (8 U.S.C.
1187(c)(3)) is amended to read as follows:
``(3) Qualification criteria.--After designation as a
program country under section 217(c)(2), a country may not
continue to be designated as a program country unless the
Secretary of Homeland Security, in consultation with the
Secretary of State, determines, pursuant to the requirements
under paragraph (5), that the designation will be continued.''.
(3) Initial period.--Section 217(c) is further amended by
striking paragraph (4).
(4) Continuing designation.--Section 217(c)(5)(A)(i)(II) (8
U.S.C. 1187(c)(5)(A)(i)(II)) is amended to read as follows:
``(II) shall
determine, based upon
the evaluation in
subclause (I), whether
any such designation
under subsection (d) or
(f), or probation under
subsection (f), ought
to be continued or
terminated;''.
(5) Computation of visa refusal rates; judicial review.--
Section 217(c)(6) (8 U.S.C. 1187(c)(6)) is amended to read as
follows:
``(6) Computation of visa refusal rates and judicial
review.--
``(A) Computation of visa refusal rates.--For
purposes of determining the eligibility of a country to
be designated as a program country, the calculation of
visa refusal rates shall not include any visa refusals
which incorporate any procedures based on, or are
otherwise based on, race, sex, or disability, unless
otherwise specifically authorized by law or regulation.
``(B) Judicial review.--No court shall have
jurisdiction under this section to review any visa
refusal, the Secretary of State's computation of a visa
refusal rate, the Secretary of Homeland Security's
computation of an overstay rate, or the designation or
nondesignation of a country as a program country.''.
(6) Visa waiver information.--Section 217(c)(7) (8 U.S.C.
1187(c)(7)) is amended--
(A) by striking subparagraphs (B) through (D); and
(B) by striking ``waiver information.--'' and all
that follows through ``In refusing'' and inserting
``waiver information.--In refusing''.
(7) Waiver authority.--Section 217(c)(8) (8 U.S.C.
1187(c)(8)) is amended to read as follows:
``(8) Waiver authority.--The Secretary of Homeland
Security, in consultation with the Secretary of State, may
waive the application of paragraph (2)(A)(i) for a country if--
``(A) the country meets all other requirements of
paragraph (2);
``(B) the Secretary of Homeland Security determines
that the totality of the country's security risk
mitigation measures provide assurance that the
country's participation in the program would not
compromise the law enforcement, security interests, or
enforcement of the immigration laws of the United
States;
``(C) there has been a general downward trend in
the percentage of nationals of the country refused
nonimmigrant visas under section 101(a)(15)(B);
``(D) the country consistently cooperated with the
Government of the United States on counterterrorism
initiatives, information sharing, preventing terrorist
travel, and extradition to the United States of
individuals (including the country's own nationals) who
commit crimes that violate United States law before the
date of its designation as a program country, and the
Secretary of Homeland Security and the Secretary of
State assess that such cooperation is likely to
continue; and
``(E) the percentage of nationals of the country
refused a nonimmigrant visa under section 101(a)(15)(B)
during the previous full fiscal year was not more than
10 percent of the total number of nationals of that
country who were granted or refused such nonimmigrant
visas.''.
(d) Termination of Designation; Probation.--Section 217(f) (8
U.S.C. 1187(f)) is amended to read as follows:
``(f) Termination of Designation; Probation.--
``(1) Definitions.--In this subsection:
``(A) Probationary period.--The term `probationary
period' means the fiscal year in which a probationary
country is placed in probationary status under this
subsection.
``(B) Program country.--The term `program country'
has the meaning given that term in subsection
(c)(1)(B).
``(2) Determination, notice, and initial probationary
period.--
``(A) Determination of probationary status and
notice of noncompliance.--As part of each program
country's periodic evaluation required by subsection
(c)(5)(A), the Secretary of Homeland Security shall
determine whether a program country is in compliance
with the program requirements under subparagraphs
(A)(ii) through (F) of subsection (c)(2).
``(B) Initial probationary period.--If the
Secretary of Homeland Security determines that a
program country is not in compliance with the program
requirements under subparagraphs (A)(ii) through (F) of
subsection (c)(2), the Secretary of Homeland Security
shall place the program country in probationary status
for the fiscal year following the fiscal year in which
the periodic evaluation is completed.
``(3) Actions at the end of the initial probationary
period.--At the end of the initial probationary period of a
country under paragraph (2)(B), the Secretary of Homeland
Security shall take 1 of the following actions:
``(A) Compliance during initial probationary
period.--If the Secretary determines that all instances
of noncompliance with the program requirements under
subparagraphs (A)(ii) through (F) of subsection (c)(2)
that were identified in the latest periodic evaluation
have been remedied by the end of the initial
probationary period, the Secretary shall end the
country's probationary period.
``(B) Noncompliance during initial probationary
period.--If the Secretary determines that any instance
of noncompliance with the program requirements under
subparagraphs (A)(ii) through (F) of subsection (c)(2)
that were identified in the latest periodic evaluation
has not been remedied by the end of the initial
probationary period--
``(i) the Secretary may terminate the
country's participation in the program; or
``(ii) on an annual basis, the Secretary
may continue the country's probationary status
if the Secretary, in consultation with the
Secretary of State, determines that the
country's continued participation in the
program is in the national interest of the
United States.
``(4) Actions at the end of additional probationary
periods.--At the end of all probationary periods granted to a
country pursuant to paragraph (3)(B)(ii), the Secretary shall
take 1 of the following actions:
``(A) Compliance during additional period.--The
Secretary shall end the country's probationary status
if the Secretary determines during the latest periodic
evaluation required by subsection (c)(5)(A) that the
country is in compliance with the program requirements
under subparagraphs (A)(ii) through (F) of subsection
(c)(2).
``(B) Noncompliance during additional periods.--The
Secretary shall terminate the country's participation
in the program if the Secretary determines during the
latest periodic evaluation required by subsection
(c)(5)(A) that the program country continues to be in
noncompliance with the program requirements under
subparagraphs (A)(ii) through (F) of subsection (c)(2).
``(5) Effective date.--The termination of a country's
participation in the program under paragraph (3)(B) or (4)(B)
shall take effect on the first day of the first fiscal year
following the fiscal year in which the Secretary determines
that such participation shall be terminated. Until such date,
nationals of the country shall remain eligible for a waiver
under subsection (a).
``(6) Treatment of nationals after termination.--For
purposes of this subsection and subsection (d)--
``(A) nationals of a country whose designation is
terminated under paragraph (3) or (4) shall remain
eligible for a waiver under subsection (a) until the
effective date of such termination; and
``(B) a waiver under this section that is provided
to such a national for a period described in subsection
(a)(1) shall not, by such termination, be deemed to
have been rescinded or otherwise rendered invalid, if
the waiver is granted prior to such termination.
``(7) Consultative role of the secretary of state.--In this
subsection, references to subparagraphs (A)(ii) through (F) of
subsection (c)(2) and subsection (c)(5)(A) carry with them the
consultative role of the Secretary of State as provided in
those provisions.''.
(e) Review of Overstay Tracking Methodology.--Not later than 180
days after the date of the enactment of this Act, the Comptroller
General of the United States shall conduct a review of the methods used
by the Secretary--
(1) to track aliens entering and exiting the United States;
and
(2) to detect any such alien who stays longer than such
alien's period of authorized admission.
(f) Evaluation of Electronic System for Travel Authorization.--Not
later than 90 days after the date of the enactment of this Act, the
Secretary shall submit to Congress--
(1) an evaluation of the security risks of aliens who enter
the United States without an approved Electronic System for
Travel Authorization verification; and
(2) a description of any improvements needed to minimize
the number of aliens who enter the United States without the
verification described in paragraph (1).
(g) Sense of Congress on Priority for Review of Program
Countries.--It is the sense of Congress that the Secretary, in the
process of conducting evaluations of countries participating in the
visa waiver program under section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187), should prioritize the reviews of
countries in which circumstances indicate that such a review is
necessary or desirable.
SEC. 4507. EXPEDITING ENTRY FOR PRIORITY VISITORS.
Section 7208(k)(4) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1365b(k)(4)) is amended to read as
follows:
``(4) Expediting entry for priority visitors.--
``(A) In general.--The Secretary of Homeland
Security may expand the enrollment across registered
traveler programs to include eligible individuals
employed by international organizations, selected by
the Secretary, which maintain strong working
relationships with the United States.
``(B) Requirements.--An individual may not be
enrolled in a registered traveler program unless--
``(i) the individual is sponsored by an
international organization selected by the
Secretary under subparagraph (A); and
``(ii) the government that issued the
passport that the individual is using has
entered into a Trusted Traveler Arrangement
with the Department of Homeland Security to
participate in a registered traveler program.
``(C) Security requ