[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[S. 744 Reported in Senate (RS)]

                                                        Calendar No. 80
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

                              May 28, 2013

 Reported, under authority of the order of the Senate of May 23, 2013, 
                    by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Border 
Security, Economic Opportunity, and Immigration Modernization 
Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Statement of congressional findings.
<DELETED>Sec. 3. Effective date triggers.
<DELETED>Sec. 4. Southern Border Security Commission.
<DELETED>Sec. 5. Comprehensive Southern Border Security Strategy and 
                            Southern Border Fencing Strategy.
<DELETED>Sec. 6. Comprehensive Immigration Reform Trust Fund.
<DELETED>Sec. 7. Reference to the Immigration and Nationality Act.
<DELETED>Sec. 8. Definitions.
                   <DELETED>TITLE I--BORDER SECURITY

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

    <DELETED>Subtitle A--Registration and Adjustment of Registered 
                         Provisional Immigrants

<DELETED>Sec. 2101. Registered provisional immigrant status.
<DELETED>Sec. 2102. Adjustment of status of registered provisional 
                            immigrants.
<DELETED>Sec. 2103. The DREAM Act.
<DELETED>Sec. 2104. Additional requirements.
<DELETED>Sec. 2105. Criminal penalty.
<DELETED>Sec. 2106. Grant program to assist eligible applicants.
<DELETED>Sec. 2107. Conforming amendments to the Social Security Act.
<DELETED>Sec. 2108. Government contracting and acquisition of real 
                            property interest.
<DELETED>Sec. 2109. Long-term legal residents of the Commonwealth of 
                            the Northern Mariana Islands.
<DELETED>Sec. 2110. Rulemaking.
<DELETED>Sec. 2111. Statutory construction.
            <DELETED>Subtitle B--Agricultural Worker Program

<DELETED>Sec. 2201. Short title.
<DELETED>Sec. 2202. Definitions.
      <DELETED>Chapter 1--Program for Earned Status Adjustment of 
                          Agricultural Workers

                <DELETED>subchapter a--blue card status

<DELETED>Sec. 2211. Requirements for blue card status.
<DELETED>Sec. 2212. Adjustment to permanent resident status.
<DELETED>Sec. 2213. Use of information.
<DELETED>Sec. 2214. Reports on blue cards.
<DELETED>Sec. 2215. Authorization of appropriations.
      <DELETED>subchapter b--correction of social security records

<DELETED>Sec. 2221. Correction of social security records.
       <DELETED>Chapter 2--Nonimmigrant Agricultural Visa Program

<DELETED>Sec. 2231. Nonimmigrant classification for nonimmigrant 
                            agricultural workers.
<DELETED>Sec. 2232. Establishment of nonimmigrant agricultural worker 
                            program.
<DELETED>Sec. 2233. Transition of H-2A worker program.
<DELETED>Sec. 2234. Reports to Congress on nonimmigrant agricultural 
                            workers.
                  <DELETED>Chapter 3--Other Provisions

<DELETED>Sec. 2241. Rulemaking.
<DELETED>Sec. 2242. Reports to Congress.
<DELETED>Sec. 2243. Effective date.
                <DELETED>Subtitle C--Future Immigration

<DELETED>Sec. 2301. Merit-based points track one.
<DELETED>Sec. 2302. Merit-based track two.
<DELETED>Sec. 2303. Repeal of the diversity visa program.
<DELETED>Sec. 2304. World-wide levels and recapture of unused immigrant 
                            visas.
<DELETED>Sec. 2305. Reclassification of spouses and minor children of 
                            lawful permanent residents as immediate 
                            relatives.
<DELETED>Sec. 2306. Numerical limitations on individual foreign states.
<DELETED>Sec. 2307. Allocation of immigrant visas.
<DELETED>Sec. 2308. V nonimmigrant visas.
<DELETED>Sec. 2309. Fiancee and fiance child status protection.
<DELETED>Sec. 2310. Equal treatment for all stepchildren.
<DELETED>Sec. 2311. International adoption harmonization.
<DELETED>Sec. 2312. Relief for orphans, widows, and widowers.
<DELETED>Sec. 2313. Discretionary authority with respect to removal, 
                            deportation or inadmissibility of citizen 
                            and resident immediate family members.
<DELETED>Sec. 2314. Waivers of inadmissibility.
<DELETED>Sec. 2315. Continuous presence.
<DELETED>Sec. 2316. Global health care cooperation.
<DELETED>Sec. 2317. Extension and improvement of the Iraqi special 
                            immigrant visa program.
<DELETED>Sec. 2318. Extension and improvement of the Afghan special 
                            immigrant visa program.
<DELETED>Sec. 2319. Elimination of sunsets for certain visa programs.
       <DELETED>Subtitle D--Conrad State 30 and Physician Access

<DELETED>Sec. 2401. Conrad State 30 Program.
<DELETED>Sec. 2402. Retaining physicians who have practiced in 
                            medically underserved communities.
<DELETED>Sec. 2403. Employment protections for physicians.
<DELETED>Sec. 2404. Allotment of Conrad 30 waivers.
<DELETED>Sec. 2405. Amendments to the procedures, definitions, and 
                            other provisions related to physician 
                            immigration.
                    <DELETED>Subtitle E--Integration

<DELETED>Sec. 2501. Definitions.
           <DELETED>Chapter 1--Citizenship and New Americans

     <DELETED>subchapter a--office of citizenship and new americans

<DELETED>Sec. 2511. Office of Citizenship and New Americans.
           <DELETED>subchapter b--task force on new americans

<DELETED>Sec. 2521. Establishment.
<DELETED>Sec. 2522. Purpose.
<DELETED>Sec. 2523. Membership.
<DELETED>Sec. 2524. Functions.
             <DELETED>Chapter 2--Public-private Partnership

<DELETED>Sec. 2531. Establishment of United States Citizenship 
                            Foundation.
<DELETED>Sec. 2532. Funding.
<DELETED>Sec. 2533. Purposes.
<DELETED>Sec. 2534. Authorized activities.
<DELETED>Sec. 2535. Council of directors.
<DELETED>Sec. 2536. Powers.
<DELETED>Sec. 2537. Initial Entry, Adjustment, and Citizenship 
                            Assistance Grant Program.
<DELETED>Sec. 2538. Pilot program to promote immigrant integration at 
                            State and local levels.
<DELETED>Sec. 2539. Naturalization ceremonies.
                      <DELETED>Chapter 3--Funding

<DELETED>Sec. 2541. Authorization of appropriations.
         <DELETED>Chapter 4--Reduce Barriers to Naturalization

<DELETED>Sec. 2551. Waiver of English requirement for senior new 
                            Americans.
<DELETED>Sec. 2552. Filing of applications not requiring regular 
                            internet access.
                <DELETED>TITLE III--INTERIOR ENFORCEMENT

          <DELETED>Subtitle A--Employment Verification System

<DELETED>Sec. 3101. Unlawful employment of unauthorized aliens.
<DELETED>Sec. 3102. Increasing security and integrity of social 
                            security cards.
<DELETED>Sec. 3103. Increasing security and integrity of immigration 
                            documents.
<DELETED>Sec. 3104. Responsibilities of the Social Security 
                            Administration.
<DELETED>Sec. 3105. Improved prohibition on discrimination based on 
                            national origin or citizenship status.
<DELETED>Sec. 3106. Rulemaking.
         <DELETED>Subtitle B--Protecting United States Workers

<DELETED>Sec. 3201. Protections for victims of serious violations of 
                            labor and employment law or crime.
<DELETED>Sec. 3202. Employment Verification System Education Funding.
<DELETED>Sec. 3203. Directive to the United States Sentencing 
                            Commission.
<DELETED>Sec. 3204. Confidentiality for victims of crime.
                 <DELETED>Subtitle C--Other Provisions

<DELETED>Sec. 3301. Funding.
<DELETED>Sec. 3302. Effective date.
<DELETED>Sec. 3303. Mandatory exit system.
<DELETED>Sec. 3304. Identity-theft resistant manifest information for 
                            passengers, crew, and non-crew onboard 
                            departing aircraft and vessels.
<DELETED>Sec. 3305. Profiling.
           <DELETED>Subtitle D--Asylum and Refugee Provisions

<DELETED>Sec. 3401. Time limits and efficient adjudication of genuine 
                            asylum claims.
<DELETED>Sec. 3402. Refugee family protections.
<DELETED>Sec. 3403. Clarification on designation of certain refugees.
<DELETED>Sec. 3404. Asylum determination efficiency.
<DELETED>Sec. 3405. Stateless persons in the United States.
<DELETED>Sec. 3406. U visa accessibility.
<DELETED>Sec. 3407. Representation at overseas refugee interviews.
   <DELETED>Subtitle E--Shortage of Immigration Court Resources for 
                          Removal Proceedings

<DELETED>Sec. 3501. Shortage of immigration court personnel for removal 
                            proceedings.
<DELETED>Sec. 3502. Improving immigration court efficiency and reducing 
                            costs by increasing access to legal 
                            information.
<DELETED>Sec. 3503. Office of Legal Access Programs.
<DELETED>Sec. 3504. Codifying Board of Immigration Appeals.
<DELETED>Sec. 3505. Improved training for immigration judges and Board 
                            Members.
<DELETED>Sec. 3506. Improved resources and technology for immigration 
                            courts and Board of Immigration Appeals.
 <DELETED>Subtitle F--Prevention of Trafficking in Persons and Abuses 
                   Involving Workers Recruited Abroad

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

<DELETED>Sec. 3701. Criminal street gangs.
<DELETED>Sec. 3702. Banning habitual drunk drivers from the United 
                            States.
<DELETED>Sec. 3703. Sexual abuse of a minor.
<DELETED>Sec. 3704. Illegal entry.
<DELETED>Sec. 3705. Reentry of removed alien.
<DELETED>Sec. 3706. Penalties related to removal.
<DELETED>Sec. 3707. Reform of passport, visa, and immigration fraud 
                            offenses.
<DELETED>Sec. 3708. Combating schemes to defraud aliens.
<DELETED>Sec. 3709. Inadmissibility and removal for passport and 
                            immigration fraud offenses.
<DELETED>Sec. 3710. Directives related to passport and document fraud.
<DELETED>Sec. 3711. Inadmissible aliens.
<DELETED>Sec. 3712. Organized and abusive human smuggling activities.
<DELETED>Sec. 3713. Preventing criminals from renouncing citizenship 
                            during wartime.
<DELETED>Sec. 3714. Diplomatic security service.
<DELETED>Sec. 3715. Secure alternatives programs.
<DELETED>Sec. 3716. Oversight of detention facilities.
<DELETED>Sec. 3717. Procedures for bond hearings and filing of notices 
                            to appear.
<DELETED>Sec. 3718. Sanctions for countries that delay or prevent 
                            repatriation of their nationals.
<DELETED>Sec. 3719. Gross violations of human rights.
        <DELETED>TITLE IV--REFORMS TO NONIMMIGRANT VISA PROGRAMS

        <DELETED>Subtitle A--Employment-based Nonimmigrant Visas

<DELETED>Sec. 4101. Market-based H-1B visa limits.
<DELETED>Sec. 4102. Employment authorization for dependents of 
                            employment-based nonimmigrants.
<DELETED>Sec. 4103. Eliminating impediments to worker mobility.
<DELETED>Sec. 4104. STEM Education and Training.
       <DELETED>Subtitle B--H-1B Visa Fraud and Abuse Protections

       <DELETED>Chapter 1--H-1B Employer Application Requirements

<DELETED>Sec. 4211. Modification of application requirements.
<DELETED>Sec. 4212. Requirements for admission of nonimmigrant nurses 
                            in health professional shortage areas.
<DELETED>Sec. 4213. New application requirements.
<DELETED>Sec. 4214. Application review requirements.
   <DELETED>Chapter 2-- Investigation and Disposition of Complaints 
                         Against H-1B Employers

<DELETED>Sec. 4221. General modification of procedures for 
                            investigation and disposition.
<DELETED>Sec. 4222. Investigation, working conditions, and penalties.
<DELETED>Sec. 4223. Initiation of investigations.
<DELETED>Sec. 4224. Information sharing.
                 <DELETED>Chapter 3--Other Protections

<DELETED>Sec. 4231. Posting available positions through the Department 
                            of Labor.
<DELETED>Sec. 4232. H-1B government authority and requirements.
<DELETED>Sec. 4233. Requirements for information for H-1B and L 
                            nonimmigrants.
<DELETED>Sec. 4234. Filing fee for H-1B-dependent employers.
<DELETED>Sec. 4235. Providing premium processing of employment-based 
                            visa petitions.
<DELETED>Sec. 4236. Technical correction.
<DELETED>Sec. 4237. Application.
        <DELETED>Subtitle C--L Visa Fraud and Abuse Protections

<DELETED>Sec. 4301. Prohibition on outplacement of L nonimmigrants.
<DELETED>Sec. 4302. L employer petition requirements for employment at 
                            new offices.
<DELETED>Sec. 4303. Cooperation with Secretary of State.
<DELETED>Sec. 4304. Limitation on employment of L nonimmigrants.
<DELETED>Sec. 4305. Filing fee for L nonimmigrants.
<DELETED>Sec. 4306. Investigation and disposition of complaints against 
                            L nonimmigrant employers.
<DELETED>Sec. 4307. Penalties.
<DELETED>Sec. 4308. Prohibition on retaliation against L nonimmigrants.
<DELETED>Sec. 4309. Reports on L nonimmigrants.
<DELETED>Sec. 4310. Application.
<DELETED>Sec. 4311. Report on L blanket petition process.
             <DELETED>Subtitle D--Other Nonimmigrant Visas

<DELETED>Sec. 4401. Nonimmigrant visas for students.
<DELETED>Sec. 4402. Classification for specialty occupation workers 
                            from free trade countries.
<DELETED>Sec. 4403. E-visa reform.
<DELETED>Sec. 4404. Other changes to nonimmigrant visas.
<DELETED>Sec. 4405. Treatment of nonimmigrants during adjudication of 
                            application.
<DELETED>Sec. 4406. Nonimmigrant elementary and secondary school 
                            students.
                     <DELETED>Subtitle E--JOLT Act

<DELETED>Sec. 4501. Short titles.
<DELETED>Sec. 4502. Premium processing.
<DELETED>Sec. 4503. Encouraging Canadian tourism to the United States.
<DELETED>Sec. 4504. Retiree visa.
<DELETED>Sec. 4505. Incentives for foreign visitors visiting the United 
                            States during low peak seasons.
<DELETED>Sec. 4506. Visa waiver program enhanced security and reform.
<DELETED>Sec. 4507. Expediting entry for priority visitors.
<DELETED>Sec. 4508. Visa processing.
         <DELETED>Subtitle F--Reforms to the H-2B Visa Program

<DELETED>Sec. 4601. Extension of returning worker exemption to H-2B 
                            numerical limitation.
<DELETED>Sec. 4602. Other requirements for H-2B employers.
<DELETED>Sec. 4603. Nonimmigrants participating in relief operations.
<DELETED>Sec. 4604. Nonimmigrants performing maintenance on common 
                            carriers.
               <DELETED>Subtitle G--W Nonimmigrant Visas

<DELETED>Sec. 4701. Bureau of Immigration and Labor Market Research.
<DELETED>Sec. 4702. Nonimmigrant classification for W nonimmigrants.
<DELETED>Sec. 4703. Admission of W nonimmigrant workers.
    <DELETED>Subtitle H--Investing in New Venture, Entrepreneurial 
                       Startups, and Technologies

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

<DELETED>SEC. 2. STATEMENT OF CONGRESSIONAL FINDINGS.</DELETED>

<DELETED>    Congress makes the following findings:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. EFFECTIVE DATE TRIGGERS.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Commission.--The term ``Commission'' means the 
        Southern Border Security Commission established pursuant to 
        section 4.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Effective control.--The term ``effective 
        control'' means the ability to achieve and maintain, in a 
        Border Patrol sector--</DELETED>
                <DELETED>    (A) persistent surveillance; and</DELETED>
                <DELETED>    (B) an effectiveness rate of 90 percent or 
                higher.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (6) Southern border.--The term ``Southern border'' 
        means the international border between the United States and 
        Mexico.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Triggers.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Adjustment of status of registered provisional 
        immigrants.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) the Comprehensive Southern 
                        Border Security Strategy has been submitted to 
                        Congress and is substantially deployed and 
                        substantially operational;</DELETED>
                        <DELETED>    (ii) the Southern Border Fencing 
                        Strategy has been submitted to Congress, 
                        implemented, and is substantially 
                        completed;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (B) Exception.--The Secretary shall permit 
                registered provisional immigrants to apply for an 
                adjustment to lawful permanent resident status if--
                </DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) 10 years have elapsed since 
                        the date of the enactment of this 
                        Act.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Federal Court Review.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. SOUTHERN BORDER SECURITY COMMISSION.</DELETED>

<DELETED>    (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'').</DELETED>
<DELETED>    (b) Composition.--</DELETED>
        <DELETED>    (1) In general.--The Commission shall be composed 
        of--</DELETED>
                <DELETED>    (A) 2 members who shall be appointed by 
                the President;</DELETED>
                <DELETED>    (B) 2 members who shall be appointed by 
                the President pro tempore of the Senate, of which--
                </DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) 1 shall be appointed upon the 
                        recommendation of the leader in the Senate of 
                        the other political party;</DELETED>
                <DELETED>    (C) 2 members who shall be appointed by 
                the Speaker of the House of Representatives, of which--
                </DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) 1 shall be appointed upon the 
                        recommendation of the leader in the House of 
                        Representatives of the other political party; 
                        and</DELETED>
                <DELETED>    (D) 4 members, consisting of 1 member from 
                each of the States along the Southern border, who shall 
                be--</DELETED>
                        <DELETED>    (i) the Governor of such State; 
                        or</DELETED>
                        <DELETED>    (ii) appointed by the Governor of 
                        each such State.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) the capability to engage in, and to engage in, 
        persistent surveillance in high risk border sectors along the 
        Southern border; and</DELETED>
        <DELETED>    (2) an effectiveness rate of 90 percent or higher 
        in all high risk border sectors along the Southern 
        border.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) whether any of the recommendations are likely 
        to achieve effective control in all high risk border 
        sectors;</DELETED>
        <DELETED>    (2) which recommendations are most likely to 
        achieve effective control; and</DELETED>
        <DELETED>    (3) whether such recommendations are feasible 
        within existing budget constraints.</DELETED>
<DELETED>    (h) Termination.--The Commission shall terminate 30 days 
after the date on which the report is submitted under subsection 
(d).</DELETED>

<DELETED>SEC. 5. COMPREHENSIVE SOUTHERN BORDER SECURITY STRATEGY AND 
              SOUTHERN BORDER FENCING STRATEGY.</DELETED>

<DELETED>    (a) Comprehensive Southern Border Security Strategy.--
</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;</DELETED>
                <DELETED>    (B) the Committee on Homeland Security of 
                the House of Representatives;</DELETED>
                <DELETED>    (C) the Committee on Appropriations of the 
                Senate;</DELETED>
                <DELETED>    (D) the Committee on Appropriations of the 
                House of Representatives; and</DELETED>
                <DELETED>    (E) the Comptroller General of the United 
                States.</DELETED>
        <DELETED>    (2) Elements.--The Comprehensive Southern Border 
        Security Strategy shall specify--</DELETED>
                <DELETED>    (A) the priorities that must be met for 
                the strategy to be successfully executed;</DELETED>
                <DELETED>    (B) the capabilities that must be obtained 
                to meet each of the priorities referred to in 
                subparagraph (A), including--</DELETED>
                        <DELETED>    (i) surveillance and detection 
                        capabilities developed or used by the 
                        Department of Defense to increase situational 
                        awareness; and</DELETED>
                        <DELETED>    (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</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) fixed, mobile, and agent 
                        portable surveillance systems; and</DELETED>
                        <DELETED>    (ii) unarmed, unmanned aerial 
                        systems and unarmed, fixed-wing aircraft and 
                        necessary and qualified staff and equipment to 
                        fully utilize such systems.</DELETED>
        <DELETED>    (3) Additional elements regarding execution.--The 
        Comprehensive Southern Border Security Strategy shall 
        describe--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) the interim goals that must be 
                accomplished to successfully implement the strategy; 
                and</DELETED>
                <DELETED>    (C) the schedule and supporting milestones 
                under which the Department will accomplish the interim 
                goals referred to in subparagraph (B).</DELETED>
        <DELETED>    (4) Implementation.--</DELETED>
                <DELETED>    (A) In general.--The Secretary shall 
                commence the implementation of the Comprehensive 
                Southern Border Security Strategy immediately after 
                submitting the strategy under paragraph (1).</DELETED>
                <DELETED>    (B) Notice of commencement.--Upon 
                commencing the implementation of the strategy, the 
                Secretary shall submit a notice of commencement of such 
                implementation to--</DELETED>
                        <DELETED>    (i) Congress; and</DELETED>
                        <DELETED>    (ii) the Comptroller General of 
                        the United States.</DELETED>
        <DELETED>    (5) Semiannual reports.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) the Committee on Homeland 
                        Security and Governmental Affairs of the 
                        Senate;</DELETED>
                        <DELETED>    (ii) the Committee on Homeland 
                        Security of the House of 
                        Representatives;</DELETED>
                        <DELETED>    (iii) the Committee on 
                        Appropriations of the Senate; and</DELETED>
                        <DELETED>    (iv) the Committee on 
                        Appropriations of the House of 
                        Representatives.</DELETED>
                <DELETED>    (B) Elements.--Each report submitted under 
                subparagraph (A) shall include--</DELETED>
                        <DELETED>    (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);</DELETED>
                        <DELETED>    (ii) a detailed description of--
                        </DELETED>
                                <DELETED>    (I) any impediments 
                                identified in the Department's efforts 
                                to execute the strategy;</DELETED>
                                <DELETED>    (II) the actions the 
                                Department has taken, or plans to take, 
                                to address such impediments; 
                                and</DELETED>
                                <DELETED>    (III) any additional 
                                measures developed by the Department to 
                                measure the state of security along the 
                                Southern border; and</DELETED>
                        <DELETED>    (iii) for each Border Patrol 
                        sector along the Southern border--</DELETED>
                                <DELETED>    (I) the effectiveness rate 
                                for each individual Border Patrol 
                                sector and the aggregated effectiveness 
                                rate;</DELETED>
                                <DELETED>    (II) the number of 
                                recidivist apprehensions, sorted by 
                                Border Patrol sector; and</DELETED>
                                <DELETED>    (III) the recidivism rate 
                                for all unique subjects that received a 
                                criminal consequence through the 
                                Consequence Delivery System 
                                process.</DELETED>
<DELETED>    (b) Southern Border Fencing Strategy.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Submittal.--The Secretary shall submit the 
        Southern Border Fencing Strategy to Congress and the 
        Comptroller General of the United States for review.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 6. COMPREHENSIVE IMMIGRATION REFORM TRUST FUND.</DELETED>

<DELETED>    (a) Comprehensive Immigration Reform Trust Fund.--
</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) amounts transferred from the general 
                fund of the Treasury under paragraph (2)(A); 
                and</DELETED>
                <DELETED>    (B) proceeds from the fees described in 
                paragraph (2)(B).</DELETED>
        <DELETED>    (2) Deposits.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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,</DELETED>
                <DELETED>    (C) Ongoing funding.--In addition to the 
                funding described in subparagraph (A), the following 
                amounts shall be deposited in the trust fund:</DELETED>
                        <DELETED>    (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)).</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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)).</DELETED>
                        <DELETED>    (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)).</DELETED>
                        <DELETED>    (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).</DELETED>
                        <DELETED>    (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)</DELETED>
                        <DELETED>    (vii) Visitor visa fees.--Amend 
                        Section 214 to add a $5 fee for visitor visas 
                        101(a)(15)(B).</DELETED>
                        <DELETED>    (viii) Merit system green card 
                        fees.--Include the fee charged in the document 
                        to get a ``merit system'' green card.</DELETED>
                        <DELETED>    (ix) Other aliens.--An alien who 
                        is allocated a visa under section 211 shall pay 
                        a fee of $1,500.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (xi) H-1b nonimmigrant dependent 
                        employer fees.--Fees collected under section 
                        423(a)(2).</DELETED>
                        <DELETED>    (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).</DELETED>
                        <DELETED>    (xiii) L nonimmigrant dependent 
                        employer fees.--Fees collected under section 
                        435(a)(2).</DELETED>
                        <DELETED>    (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)).</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Use of funds.--</DELETED>
                <DELETED>    (A) Initial funding.--Of the amounts 
                transferred to the Trust Fund pursuant to paragraph 
                (2)(A)--</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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).</DELETED>
                <DELETED>    (B) Ongoing funding.--Of the amounts 
                deposited into the Trust Fund pursuant to paragraph 
                (2)(B)--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Receipts Collected as Offsetting Receipts.--
Notwithstanding section 3302 of title 31, United States Code, any fee 
collected under this Act--</DELETED>
        <DELETED>    (1) shall be credited as offsetting collections to 
        the Trust Fund;</DELETED>
        <DELETED>    (2) shall be available for expenditure only to pay 
        the costs of activities and services authorized from the Trust 
        Fund; and</DELETED>
        <DELETED>    (3) shall remain available until 
        expended.</DELETED>
<DELETED>    (d) Determination of Budgetary Effects.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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)).</DELETED>

<DELETED>SEC. 7. REFERENCE TO THE IMMIGRATION AND NATIONALITY 
              ACT.</DELETED>

<DELETED>    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.).</DELETED>

<DELETED>SEC. 8. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Department.--Except as otherwise provided, the 
        term ``Department'' means the Department of Homeland 
        Security.</DELETED>
        <DELETED>    (2) Secretary.--Except as otherwise provided, the 
        term ``Secretary'' means the Secretary of Homeland 
        Security.</DELETED>

              <DELETED>TITLE I--BORDER SECURITY</DELETED>

<DELETED>SEC. 1101. DEFINITIONS.</DELETED>

<DELETED>    In this title:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Southern border.--The term ``Southern border'' 
        means the international border between the United States and 
        Mexico.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 1102. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION 
              OFFICERS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 1103. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN 
              BORDER.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Assignment of Operations and Missions.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Range of Operations and Missions.--The operations and 
missions assigned under subsection (b) shall include the temporary 
authority--</DELETED>
        <DELETED>    (1) to construct fencing, including double-layer 
        and triple-layer fencing;</DELETED>
        <DELETED>    (2) to increase ground-based mobile surveillance 
        systems;</DELETED>
        <DELETED>    (3) to deploy additional unmanned aerial systems 
        and manned aircraft sufficient to maintain continuous 
        surveillance of the Southern Border;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (5) to construct checkpoints along the Southern 
        border to bridge the gap to long-term permanent checkpoints; 
        and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Exclusion From National Guard Personnel Strength 
Limitations.--National Guard personnel deployed under subsection (a) 
shall not be included in--</DELETED>
        <DELETED>    (1) the calculation to determine compliance with 
        limits on end strength for National Guard personnel; 
        or</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 1104. ENHANCEMENT OF EXISTING BORDER SECURITY 
              OPERATIONS.</DELETED>

<DELETED>    (a) Border Crossing Prosecutions.--</DELETED>
        <DELETED>    (1) In general.--The Secretary, acting through the 
        Commissioner, U.S. Customs and Border Protection, shall--
        </DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) attorneys and administrative 
                        support staff in the Tucson United States 
                        Attorney Office;</DELETED>
                        <DELETED>    (ii) support staff and 
                        interpreters in the Tucson Court Clerks 
                        Office;</DELETED>
                        <DELETED>    (iii) pre-trial 
                        services;</DELETED>
                        <DELETED>    (iv) activities of the Tucson 
                        Federal Public Defenders Office; and</DELETED>
                        <DELETED>    (v) additional marshals in the 
                        Tucson United States Marshals Office to perform 
                        intake, coordination, transportation, and court 
                        security; and</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Operation Stonegarden.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Infrastructure Improvements.--</DELETED>
        <DELETED>    (1) Border patrol stations.--The Secretary shall--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) analyze the feasibility of creating 
                additional Border Patrol sectors along the Southern 
                border to interrupt drug trafficking 
                operations.</DELETED>
        <DELETED>    (2) Forward operating bases.--The Secretary shall 
        enhance the security of the Southwest Border region by--
        </DELETED>
                <DELETED>    (A) establishing additional permanent 
                forward operating bases for the Border Patrol, as 
                needed;</DELETED>
                <DELETED>    (B) upgrading the existing forward 
                operating bases to include modular buildings, 
                electricity, and potable water; and</DELETED>
                <DELETED>    (C) ensuring that forward operating bases 
                surveil and interdict individuals entering the United 
                States unlawfully immediately after such individuals 
                cross the Southern border.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 1105. BORDER SECURITY ON CERTAIN FEDERAL LAND.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Secretary concerned.--The term ``Secretary 
        concerned'' means--</DELETED>
                <DELETED>    (A) with respect to land under the 
                jurisdiction of the Secretary of Agriculture, the 
                Secretary of Agriculture; and</DELETED>
                <DELETED>    (B) with respect to land under the 
                jurisdiction of the Secretary of the Interior, the 
                Secretary of the Interior.</DELETED>
<DELETED>    (b) Support for Border Security Needs.--To achieve 
effective control of Federal lands--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) routine motorized patrols; 
                and</DELETED>
                <DELETED>    (B) the deployment of communications, 
                surveillance, and detection equipment;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Programmatic Environmental Impact Statement.--
</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (4) Scope of programmatic environmental impact 
        statement.--The programmatic environmental impact statement 
        described in paragraph (1)--</DELETED>
                <DELETED>    (A) may be used to advise the Secretary on 
                the impact on natural and cultural resources on Federal 
                lands; and</DELETED>
                <DELETED>    (B) shall not control, delay, or restrict 
                actions by the Secretary to achieve effective control 
                on Federal lands.</DELETED>
<DELETED>    (d) Intermingled State and Private Land.--This section 
shall not apply to any private or State-owned land within the 
boundaries of Federal lands.</DELETED>

<DELETED>SEC. 1106. EQUIPMENT AND TECHNOLOGY.</DELETED>

<DELETED>    (a) Enhancements.--The Commissioner of U.S. Customs and 
Border Protection, working through U.S. Border Patrol, shall--
</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) operate unarmed unmanned aerial vehicles along 
        the Southern border for 24 hours per day and for 7 days per 
        week;</DELETED>
        <DELETED>    (3) deploy unarmed additional fixed-wing aircraft 
        and helicopters along the Southern border;</DELETED>
        <DELETED>    (4) acquire new rotocraft and make upgrades to the 
        existing helicopter fleet; and</DELETED>
        <DELETED>    (5) increase horse patrols in the Southwest Border 
        region.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 1107. ACCESS TO EMERGENCY PERSONNEL.</DELETED>

<DELETED>    (a) Southwest Border Region Emergency Communications 
Grants.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Eligibility for grants.--An individual is 
        eligible to receive a grant under this subsection if the 
        individual demonstrates that he or she--</DELETED>
                <DELETED>    (A) regularly resides or works in the 
                Southwest Border region;</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Use of grants.--Grants awarded under this 
        subsection may be used to purchase satellite telephone 
        communications systems and service that--</DELETED>
                <DELETED>    (A) can provide access to 9-1-1 service; 
                and</DELETED>
                <DELETED>    (B) are equipped with global positioning 
                systems.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Interoperable Communications for Law Enforcement.--
</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) State and local law enforcement.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 1108. SOUTHWEST BORDER REGION PROSECUTION 
              INITIATIVE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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 .</DELETED>

<DELETED>SEC. 1109. INTERAGENCY COLLABORATION.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) detecting border tunnels;</DELETED>
        <DELETED>    (2) detecting the use of ultralight 
        aircraft;</DELETED>
        <DELETED>    (3) enhancing wide aerial surveillance; 
        and</DELETED>
        <DELETED>    (4) otherwise improving the enforcement of such 
        border.</DELETED>

<DELETED>SEC. 1110. SCAAP REAUTHORIZATION.</DELETED>

<DELETED>    Section 241(i)(5)(C) (8 U.S.C. 1231(i)(5)) is amended by 
striking ``2011'' and inserting ``2015''.</DELETED>

<DELETED>SEC. 1111. USE OF FORCE.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) require all Department personnel to report 
        each use of force; and</DELETED>
        <DELETED>    (2) establish procedures for--</DELETED>
                <DELETED>    (A) accepting and investigating complaints 
                regarding the use of force by Department 
                personnel;</DELETED>
                <DELETED>    (B) disciplining Department personnel who 
                violate any law or Department policy relating to the 
                use of force; and</DELETED>
                <DELETED>    (C) reviewing all uses of force by 
                Department personnel to determine whether the use of 
                force--</DELETED>
                        <DELETED>    (i) complied with Department 
                        policy; or</DELETED>
                        <DELETED>    (ii) demonstrates the need for 
                        changes in policy, training, or 
                        equipment.</DELETED>

<DELETED>SEC. 1112. TRAINING FOR BORDER SECURITY AND IMMIGRATION 
              ENFORCEMENT OFFICERS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) identifying and detecting fraudulent travel 
        documents;</DELETED>
        <DELETED>    (2) civil, constitutional, human, and privacy 
        rights of individuals;</DELETED>
        <DELETED>    (3) the scope of enforcement authorities, 
        including interrogations, stops, searches, seizures, arrests, 
        and detentions;</DELETED>
        <DELETED>    (4) the use of force policies issued by the 
        Secretary pursuant to section 1111;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (6) social and cultural sensitivity toward border 
        communities;</DELETED>
        <DELETED>    (7) the impact of border operations on 
        communities; and</DELETED>
        <DELETED>    (8) any particular environmental concerns in a 
        particular area.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) foster and institutionalize consultation with 
        border communities;</DELETED>
        <DELETED>    (3) consult with border communities on Department 
        programs, policies, strategies, and directives; and</DELETED>
        <DELETED>    (4) receive Department performance assessments 
        from border communities.</DELETED>

<DELETED>SEC. 1113. DEPARTMENT OF HOMELAND SECURITY BORDER OVERSIGHT 
              TASK FORCE.</DELETED>

<DELETED>    (a) Establishment.--</DELETED>
        <DELETED>    (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'').</DELETED>
        <DELETED>    (2) Duties.--The DHS Task Force shall--</DELETED>
                <DELETED>    (A) review and make recommendations 
                regarding immigration and border enforcement policies, 
                strategies, and programs that take into consideration 
                their impact on border communities;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (D) evaluate and make recommendations 
                regarding the training of border enforcement personnel 
                described in section 1112.</DELETED>
        <DELETED>    (3) Membership.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) 11 members shall be from the 
                        Northern border region and shall include--
                        </DELETED>
                                <DELETED>    (I) 2 local government 
                                elected officials;</DELETED>
                                <DELETED>    (II) 2 local law 
                                enforcement official;</DELETED>
                                <DELETED>    (III) 2 civil rights 
                                advocates;</DELETED>
                                <DELETED>    (IV) 1 business 
                                representative;</DELETED>
                                <DELETED>    (V) 1 higher education 
                                representative;</DELETED>
                                <DELETED>    (VI) 1 representative of a 
                                faith community; and</DELETED>
                                <DELETED>    (VII) 2 representatives of 
                                U.S. Border Patrol; and</DELETED>
                        <DELETED>    (ii) 15 members shall be from the 
                        Southern border region and include--</DELETED>
                                <DELETED>    (I) 3 local government 
                                elected officials;</DELETED>
                                <DELETED>    (II) 3 local law 
                                enforcement officials;</DELETED>
                                <DELETED>    (III) 3 civil rights 
                                advocates;</DELETED>
                                <DELETED>    (IV) 2 business 
                                representatives;</DELETED>
                                <DELETED>    (V) 1 higher education 
                                representative;</DELETED>
                                <DELETED>    (VI) 1 representative of a 
                                faith community; and</DELETED>
                                <DELETED>    (VII) 2 representatives of 
                                U.S. Border Patrol.</DELETED>
                <DELETED>    (B) Nongovernmental appointees.--
                Individuals appointed as members of the DHS Task Force 
                may not be employed by the Federal 
                Government.</DELETED>
                <DELETED>    (C) Term of service.--Members of the Task 
                Force shall be appointed for the shorter of--</DELETED>
                        <DELETED>    (i) 3 years; or</DELETED>
                        <DELETED>    (ii) the life of the DHS Task 
                        Force.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (b) Operations.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Recommendations.--The DHS Task Force may make 
        findings or recommendations to the Secretary related to the 
        duties described in subsection (a)(2).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) findings with respect to the duties of the DHS 
        Task Force; and</DELETED>
        <DELETED>    (2) recommendations regarding border and 
        immigration enforcement policies, strategies, and programs, 
        including--</DELETED>
                <DELETED>    (A) a recommendation as to whether the DHS 
                Task Force should continue to operate; and</DELETED>
                <DELETED>    (B) a description of any duties the DHS 
                Task Force should be responsible for after the 
                termination date described in subsection (e).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 1114. IMMIGRATION OMBUDSMAN.</DELETED>

<DELETED>    (a) In General.--Section 452 of the Homeland Security Act 
(6 U.S.C. 272) is amended--</DELETED>
        <DELETED>    (1) by amending the section heading to read as 
        follows:</DELETED>

<DELETED>``SEC. 452. DEPARTMENT OF HOMELAND SECURITY IMMIGRATION 
              OMBUDSMAN.'';</DELETED>

        <DELETED>    (2) in subsection (a), by striking ``Citizenship 
        and Immigration Services Ombudsman'' and inserting ``DHS 
        Immigration Ombudsman'';</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (5) in subsection (f), by striking ``director'' 
        each place such term appears and inserting ``official''; 
        and</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``Sec. 452. Department of Homeland Security Immigration 
                            Ombudsman.''.

<DELETED>SEC. 1115. REPORTS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) the effectiveness rate (as defined in section 
        2(a)(4)) for each Border Patrol sector along the Northern 
        border and the Southern border;</DELETED>
        <DELETED>    (2) the number of miles along the Southern border 
        that is under persistent surveillance;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) the allocations at each port of entry along 
        the Southern border.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) the Committee on Armed Services of the 
        Senate;</DELETED>
        <DELETED>    (2) the Committee on Homeland Security and 
        Governmental Affairs of the Senate;</DELETED>
        <DELETED>    (3) the Committee on Armed Services of the House 
        of Representatives; and</DELETED>
        <DELETED>    (4) the Committee on Homeland Security of the 
        House of Representatives.</DELETED>

<DELETED>SEC. 1116. SEVERABILITY.</DELETED>

<DELETED>    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.</DELETED>

              <DELETED>TITLE II--IMMIGRANT VISAS</DELETED>

    <DELETED>Subtitle A--Registration and Adjustment of Registered 
                    Provisional Immigrants</DELETED>

<DELETED>SEC. 2101. REGISTERED PROVISIONAL IMMIGRANT STATUS.</DELETED>

<DELETED>    (a) Authorization.--Chapter 5 of title II (8 U.S.C. 1255 
et seq.) is amended by inserting after section 245A the 
following:</DELETED>

<DELETED>``SEC. 245B. ADJUSTMENT OF STATUS OF ELIGIBLE ENTRANTS BEFORE 
              DECEMBER 31, 2011, TO THAT OF REGISTERED PROVISIONAL 
              IMMIGRANT.</DELETED>

<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) meets the eligibility requirements set forth 
        in subsection (b);</DELETED>
        <DELETED>    ``(2) submits a completed application before the 
        end of the period set forth in subsection (c)(3); and</DELETED>
        <DELETED>    ``(3) has paid the fee required under subsection 
        (c)(10)(A) and the penalty required under subsection 
        (c)(10)(C), if applicable.</DELETED>
<DELETED>    ``(b) Eligibility Requirements.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Physical presence.--</DELETED>
                <DELETED>    ``(A) In general.--The alien--</DELETED>
                        <DELETED>    ``(i) shall be physically present 
                        in the United States on the date on which the 
                        alien submits an application for registered 
                        provisional immigrant status;</DELETED>
                        <DELETED>    ``(ii) shall have been physically 
                        present in the United States on or before 
                        December 31, 2011; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Break in physical presence.--
                </DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Grounds for ineligibility.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) has a conviction for--
                        </DELETED>
                                <DELETED>    ``(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);</DELETED>
                                <DELETED>    ``(II) an aggravated 
                                felony (as defined in section 
                                101(a)(43) at the time of the 
                                conviction);</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(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);</DELETED>
                                <DELETED>    ``(V) unlawful voting (as 
                                defined in section 
                                237(a)(6));</DELETED>
                        <DELETED>    ``(ii) is admissible under section 
                        212(a), except that in determining an alien's 
                        admissibility--</DELETED>
                                <DELETED>    ``(I) paragraphs (4), (5), 
                                (7), and (9)(B) of section 212(a) shall 
                                not apply;</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iv) was, on the date on which 
                        this Act was introduced in the Senate--
                        </DELETED>
                                <DELETED>    ``(I) an alien lawfully 
                                admitted for permanent 
                                residence;</DELETED>
                                <DELETED>    ``(II) an alien admitted 
                                as a refugee under section 207 or 
                                granted asylum under section 208; 
                                or</DELETED>
                                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Waiver.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Exceptions.--The 
                        discretionary authority under clause (i) may 
                        not be used to waive--</DELETED>
                                <DELETED>    ``(I) subparagraph (B), 
                                (C), (D)(ii), (E), (G), (H), or (I) of 
                                section 212(a)(2);</DELETED>
                                <DELETED>    ``(II) section 
                                212(a)(3);</DELETED>
                                <DELETED>    ``(III) subparagraph (A), 
                                (C), (D), or (E) of section 212(a)(10); 
                                or</DELETED>
                                <DELETED>    ``(IV) with respect to 
                                misrepresentations relating to the 
                                application for registered provisional 
                                immigrant status, section 
                                212(a)(6)(C)(i).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(D) Rule of construction.--Nothing in 
                this paragraph may be construed to require the 
                Secretary to commence removal proceedings against an 
                alien.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Dependent spouse and children.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) is physically present in the 
                        United States--</DELETED>
                                <DELETED>    ``(I) on the date on which 
                                the registered provisional immigrant is 
                                granted such status; and</DELETED>
                                <DELETED>    ``(II) on or before 
                                December 30, 2012;</DELETED>
                        <DELETED>    ``(ii) meets all of the 
                        eligibility requirements set forth in this 
                        subsection, other than the requirements of 
                        clause (ii) or (iii) of paragraph 
                        (2).</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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).</DELETED>
<DELETED>    ``(c) Application Procedures.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Payment of taxes.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Application period.--</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Application form.--</DELETED>
                <DELETED>    ``(A) Required information.--The 
                application form referred to in paragraph (1) shall 
                collect such information as the Secretary determines 
                necessary and appropriate.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) shall provide the alien with a 
                reasonable opportunity to file an application under 
                this section during such application period; 
                and</DELETED>
                <DELETED>    ``(B) may not remove the individual until 
                a final administrative determination is made on the 
                application.</DELETED>
        <DELETED>    ``(6) Eligibility after departure.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) is the spouse or child of a 
                        United States citizen or lawful permanent 
                        resident;</DELETED>
                        <DELETED>    ``(ii) is the parent of a child 
                        who is a United States citizen or lawful 
                        permanent resident;</DELETED>
                        <DELETED>    ``(iii) meets the requirements set 
                        forth in clause (ii) and (iii) of section 
                        245D(b)(1)(A); or</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(7) Suspension of removal during application 
        period.--</DELETED>
                <DELETED>    ``(A) Protection from detention or 
                removal.--A registered provisional immigrant may not be 
                detained by the Secretary or removed from the United 
                States, unless--</DELETED>
                        <DELETED>    ``(i) the Secretary determines 
                        that--</DELETED>
                                <DELETED>    ``(I) such alien is, or 
                                has become, ineligible for registered 
                                provisional immigrant status under 
                                subsection (b)(3); or</DELETED>
                                <DELETED>    ``(II) the alien's 
                                registered provisional immigrant status 
                                has been revoked under subsection 
                                (d)(2).</DELETED>
                <DELETED>    ``(B) Aliens in removal proceedings.--
                Notwithstanding any other provision of this Act--
                </DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) the Secretary shall 
                                provide the alien with the opportunity 
                                to file an application for such status; 
                                and</DELETED>
                                <DELETED>    ``(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--</DELETED>
                                        <DELETED>    ``(aa) terminate 
                                        such proceedings without 
                                        prejudice to future proceedings 
                                        on any basis; and</DELETED>
                                        <DELETED>    ``(bb) provide the 
                                        alien a reasonable opportunity 
                                        to apply for such status; 
                                        and</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) the Executive Office 
                                of Immigration Review shall notify the 
                                Secretary of such determination; 
                                and</DELETED>
                                <DELETED>    ``(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--</DELETED>
                                        <DELETED>    ``(aa) terminate 
                                        such proceedings without 
                                        prejudice to future proceedings 
                                        on any basis; and</DELETED>
                                        <DELETED>    ``(bb) permit the 
                                        alien a reasonable opportunity 
                                        to apply for such 
                                        status.</DELETED>
                <DELETED>    ``(C) Treatment of certain aliens.--
                </DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) notwithstanding such 
                                order or section 241(a)(5), the alien 
                                may apply for registered provisional 
                                immigrant status under this section; 
                                and</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(D) Period pending adjudication of 
                application.--</DELETED>
                        <DELETED>    ``(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--
                        </DELETED>
                                <DELETED>    ``(I) may receive advance 
                                parole to reenter the United States if 
                                urgent humanitarian circumstances 
                                compel such travel;</DELETED>
                                <DELETED>    ``(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);</DELETED>
                                <DELETED>    ``(III) shall not be 
                                considered unlawfully present for 
                                purposes of section 212(a)(9)(B); 
                                and</DELETED>
                                <DELETED>    ``(IV) shall not be 
                                considered an unauthorized alien (as 
                                defined in section 
                                274A(h)(3)).</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iv) Effect of departure.--
                        Section 101(g) shall not apply to an alien 
                        granted--</DELETED>
                                <DELETED>    ``(I) advance parole under 
                                clause (i)(I) to reenter the United 
                                States; or</DELETED>
                                <DELETED>    ``(II) registered 
                                provisional immigrant status.</DELETED>
        <DELETED>    ``(8) Security and law enforcement clearances.--
        </DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Clearances.--</DELETED>
                        <DELETED>    ``(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--
                        </DELETED>
                                <DELETED>    ``(I) to conduct national 
                                security and law enforcement 
                                clearances; and</DELETED>
                                <DELETED>    ``(II) to determine 
                                whether there are any national security 
                                or law enforcement factors that would 
                                render an alien ineligible for such 
                                status.</DELETED>
                        <DELETED>    ``(ii) Prerequisite.--The required 
                        clearances described in clause (i)(I) shall be 
                        completed before the alien may be granted 
                        registered provisional immigrant 
                        status.</DELETED>
        <DELETED>    ``(9) Duration of status and extension.--
        </DELETED>
                <DELETED>    ``(A) In general.--The initial period of 
                authorized admission for a registered provisional 
                immigrant--</DELETED>
                        <DELETED>    ``(i) shall remain valid for 6 
                        years unless revoked pursuant to subsection 
                        (d)(2); and</DELETED>
                        <DELETED>    ``(ii) may be extended for 
                        additional 6-year terms if--</DELETED>
                                <DELETED>    ``(I) the alien remains 
                                eligible for registered provisional 
                                immigrant status;</DELETED>
                                <DELETED>    ``(II) the alien meets the 
                                employment requirements set forth in 
                                subparagraph (B); and</DELETED>
                                <DELETED>    ``(III) such status was 
                                not revoked by the Secretary for any 
                                reason.</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(II) is not likely to become a 
                        public charge (as determined under section 
                        212(a)(4)); or</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(10) Fees and penalties.--</DELETED>
                <DELETED>    ``(A) Standard processing fee.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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--
                        </DELETED>
                                <DELETED>    ``(I) to adjudicate the 
                                application;</DELETED>
                                <DELETED>    ``(II) to take and process 
                                biometrics;</DELETED>
                                <DELETED>    ``(III) to perform 
                                national security and criminal checks, 
                                including adjudication;</DELETED>
                                <DELETED>    ``(IV) to prevent and 
                                investigate fraud; and</DELETED>
                                <DELETED>    ``(V) to administer the 
                                collection of such fee.</DELETED>
                        <DELETED>    ``(iii) Authority to limit fees.--
                        The Secretary, by regulation, may--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(II) exempt defined 
                                classes of individuals, including 
                                individuals described in section 
                                245B(c)(13), from the payment of the 
                                fee authorized under clause 
                                (i).</DELETED>
                <DELETED>    ``(B) Deposit and use of processing 
                fees.--Fees collected under subparagraph (A)(i)--
                </DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) may be used for the 
                        purposes set forth in section 6(a)(3)(B) of 
                        such Act.</DELETED>
                <DELETED>    ``(C) Penalty.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Installments.--The 
                        Secretary shall establish a process for 
                        collecting payments required under clause (i) 
                        that--</DELETED>
                                <DELETED>    ``(I) requires the alien 
                                to pay $500 in conjunction with the 
                                submission of an application under this 
                                subsection for registered provisional 
                                immigrant status; and</DELETED>
                                <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(11) Adjudication.--</DELETED>
                <DELETED>    ``(A) Failure to submit sufficient 
                evidence.--The Secretary shall deny an application 
                submitted by an alien who fails to submit--</DELETED>
                        <DELETED>    ``(i) requested initial evidence, 
                        including requested biometric data; 
                        or</DELETED>
                        <DELETED>    ``(ii) any requested additional 
                        evidence by the date required by the 
                        Secretary.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) is filed within the 
                        application period described in paragraph (3); 
                        and</DELETED>
                        <DELETED>    ``(ii) contains all the required 
                        information and fees that were missing from the 
                        initial application.</DELETED>
        <DELETED>    ``(12) Evidence of registered provisional 
        immigrant status.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Documentation features.--Documentary 
                evidence provided under subparagraph (A)--</DELETED>
                        <DELETED>    ``(i) shall be machine-readable 
                        and tamper-resistant, and shall contain a 
                        digitized photograph;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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);</DELETED>
                        <DELETED>    ``(iv) shall indicate that the 
                        alien is authorized to work in the United 
                        States for up to 3 years; and</DELETED>
                        <DELETED>    ``(v) shall include such other 
                        features and information as may be prescribed 
                        by the Secretary.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Terms and Conditions of Registered Provisional 
Immigrant Status.--</DELETED>
        <DELETED>    ``(1) Conditions of registered provisional 
        immigrant status.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the alien is in possession 
                        of--</DELETED>
                                <DELETED>    ``(I) valid, unexpired 
                                documentary evidence of registered 
                                provisional immigrant status that 
                                complies with subsection (c)(12); 
                                or</DELETED>
                                <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(iii) the alien meets the 
                        requirements for an extension as described in 
                        subclauses (I) and (III) of paragraph (9)(A); 
                        and</DELETED>
                        <DELETED>    ``(iv) the alien establishes that 
                        the alien is not inadmissible under 
                        subparagraph (A)(i), (A)(iii), (B), or (C) of 
                        section 212(a)(3).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(D) Clarification of status.--An alien 
                granted registered provisional immigrant status--
                </DELETED>
                        <DELETED>    ``(i) is lawfully admitted to the 
                        United States; and</DELETED>
                        <DELETED>    ``(ii) may not be classified as a 
                        nonimmigrant or as an alien who has been 
                        lawfully admitted for permanent 
                        residence.</DELETED>
        <DELETED>    ``(2) Revocation.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) no longer meets the 
                        eligibility requirements set forth in 
                        subsection (b);</DELETED>
                        <DELETED>    ``(ii) knowingly used 
                        documentation issued under this section for an 
                        unlawful or fraudulent purpose; or</DELETED>
                        <DELETED>    ``(iii) was absent from the United 
                        States--</DELETED>
                                <DELETED>    ``(I) for any single 
                                period longer than 180 days in 
                                violation of the requirements set forth 
                                in paragraph (1)(B)(ii); or</DELETED>
                                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Additional evidence.--In determining 
                whether to revoke an alien's status under subparagraph 
                (A), the Secretary may require the alien--</DELETED>
                        <DELETED>    ``(i) to submit additional 
                        evidence; or</DELETED>
                        <DELETED>    ``(ii) to appear for an 
                        interview.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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)).</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) is not entitled to the premium 
                assistance tax credit authorized under section 36B of 
                the Internal Revenue Code of 1986;</DELETED>
                <DELETED>    ``(B) shall be subject to the rules 
                applicable to individuals not lawfully present that are 
                set forth in subsection (e) of such section; 
                and</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(5) Assignment of social security number.--
        </DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) the procedures for applying for such 
        status;</DELETED>
        <DELETED>    ``(2) the terms and conditions of such status; 
        and</DELETED>
        <DELETED>    ``(3) the eligibility requirements for such 
        status.''.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    ``(D) An alien who has been granted registered 
        provisional immigrant status under section 245B of the 
        Immigration and Nationality Act.''.</DELETED>

<DELETED>SEC. 2102. ADJUSTMENT OF STATUS OF REGISTERED PROVISIONAL 
              IMMIGRANTS.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 245C. ADJUSTMENT OF STATUS OF REGISTERED PROVISIONAL 
              IMMIGRANTS.</DELETED>

<DELETED>    ``(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).</DELETED>
<DELETED>    ``(b) Eligibility Requirements.--</DELETED>
        <DELETED>    ``(1) Registered provisional immigrant status.--
        </DELETED>
                <DELETED>    ``(A) In general.--The alien was granted 
                registered provisional immigrant status under section 
                245B and remains eligible for such status.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Payment of taxes.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Employment or education requirement.--
        </DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(II) is not likely to become a 
                        public charge (as determined under section 
                        212(a)(4)); or</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Evidence of employment.--</DELETED>
                        <DELETED>    ``(i) Documents.--An alien may 
                        satisfy the employment requirement under 
                        subparagraph (A)(i) by submitting, to the 
                        Secretary, records that--</DELETED>
                                <DELETED>    ``(I) establish, by the 
                                preponderance of the evidence, 
                                compliance with such employment 
                                requirement; and</DELETED>
                                <DELETED>    ``(II) have been 
                                maintained by the Social Security 
                                Administration, the Internal Revenue 
                                Service, or any other Federal, State, 
                                or local government agency.</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) bank 
                                records;</DELETED>
                                <DELETED>    ``(II) business 
                                records;</DELETED>
                                <DELETED>    ``(III) employer 
                                records;</DELETED>
                                <DELETED>    ``(IV) records of a labor 
                                union, day labor center, or 
                                organization that assists workers in 
                                employment;</DELETED>
                                <DELETED>    ``(V) sworn affidavits 
                                from nonrelatives who have direct 
                                knowledge of the alien's work or 
                                education, that contain--</DELETED>
                                        <DELETED>    ``(aa) the name, 
                                        address, and telephone number 
                                        of the affiant;</DELETED>
                                        <DELETED>    ``(bb) the nature 
                                        and duration of the 
                                        relationship between the 
                                        affiant and the alien; 
                                        and</DELETED>
                                        <DELETED>    ``(cc) other 
                                        verification or 
                                        information;</DELETED>
                                <DELETED>    ``(VI) remittance records; 
                                and</DELETED>
                                <DELETED>    ``(VII) school records 
                                from institutions described in 
                                subparagraph (D).</DELETED>
                        <DELETED>    ``(iii) Additional documents and 
                        restrictions.--The Secretary may--</DELETED>
                                <DELETED>    ``(I) designate additional 
                                documents that may be used to establish 
                                compliance with the requirement under 
                                subparagraph (A); and</DELETED>
                                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Satisfaction of employment 
                requirement.--An alien may not be required to satisfy 
                the employment requirements under this section with a 
                single employer.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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)));</DELETED>
                        <DELETED>    ``(ii) a secondary school (as 
                        defined in section 9101 of the Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 
                        7801));</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(E) Authorization of exceptions and 
                waivers.--</DELETED>
                        <DELETED>    ``(i) Exceptions based on age or 
                        disability.--The employment and education 
                        requirements under this paragraph shall not 
                        apply to any alien who --</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(iii) Temporary exceptions.--The 
                        employment and education requirements under 
                        this paragraph shall not apply during any 
                        period during which the alien--</DELETED>
                                <DELETED>    ``(I) was on medical 
                                leave, maternity leave, or other 
                                employment leave authorized by Federal 
                                law, State law, or the policy of the 
                                employer;</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(III) was unable to work 
                                due to circumstances outside the 
                                control of the alien.</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) English skills.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) meets the requirements set 
                        forth in section 312; or</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Exceptions.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Application Procedures.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Fees and penalties.--</DELETED>
                <DELETED>    ``(A) Processing fees.--</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) adjudicating the 
                                applications;</DELETED>
                                <DELETED>    ``(II) taking and 
                                processing biometrics;</DELETED>
                                <DELETED>    ``(III) performing 
                                national security and criminal checks, 
                                including adjudication;</DELETED>
                                <DELETED>    ``(IV) preventing and 
                                investigating fraud; and</DELETED>
                                <DELETED>    ``(V) the administration 
                                of the fees collected.</DELETED>
                        <DELETED>    ``(ii) Authority to limit fees.--
                        The Secretary, by regulation, may--</DELETED>
                                <DELETED>    ``(I) limit the maximum 
                                processing fee payable under this 
                                subparagraph by a family, including 
                                spouses and children; and</DELETED>
                                <DELETED>    ``(II) exempt other 
                                defined classes of individuals from the 
                                payment of the fee authorized under 
                                clause (i).</DELETED>
                        <DELETED>    ``(iii) Deposit and use of fees.--
                        Fees collected under this subparagraph--
                        </DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(II) may be used for the 
                                purposes set forth in section 
                                6(a)(3)(B) of such Act.</DELETED>
                <DELETED>    ``(B) Penalties.--</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(ii) Installments.--The 
                        Secretary shall establish a process for 
                        collecting payments required under clause (i) 
                        through periodic installments.</DELETED>
                        <DELETED>    ``(iii) Deposit, allocation, and 
                        spending of penalties.--Penalties collected 
                        under this subparagraph--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(II) may be used for the 
                                purposes set forth in section 
                                6(a)(3)(B) of such Act.''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Naturalization.--Section 319 (8 U.S.C. 1430) is 
amended--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) has resided continuously within the United 
        States, after being lawfully admitted for permanent residence, 
        for at least 3 years;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 2103. THE DREAM ACT.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``SEC. 245D. ADJUSTMENT OF STATUS FOR CERTAIN ALIENS WHO 
              ENTERED THE UNITED STATES AS CHILDREN.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Secretary.--The term `Secretary' means the 
        Secretary of Homeland Security.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Adjustment of Status for Certain Aliens Who Entered 
the United States as Children.--</DELETED>
        <DELETED>    ``(1) Requirements.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) has been a registered 
                        provisional immigrant for at least 5 
                        years;</DELETED>
                        <DELETED>    ``(ii) was younger than 16 years 
                        of age on the date on which the alien initially 
                        entered the United States;</DELETED>
                        <DELETED>    ``(iii) has earned a high school 
                        diploma or obtained a general education 
                        development certificate in the United 
                        States;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(II) has served in the Uniformed 
                        Services for at least 4 years and, if 
                        discharged, received an honorable discharge; 
                        and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Hardship exception.--</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) satisfies the 
                                requirements under clauses (i), (ii), 
                                (iii), and (v) of subparagraph (A); 
                                and</DELETED>
                                <DELETED>    ``(II) demonstrates 
                                compelling circumstances for the 
                                inability to satisfy the requirement 
                                under subparagraph (A)(iv).</DELETED>
                <DELETED>    ``(C) Citizenship requirement.--</DELETED>
                        <DELETED>    ``(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)).</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) submits biometric and 
                        biographic data, in accordance with procedures 
                        established by the Secretary; or</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(E) Background checks.--</DELETED>
                        <DELETED>    ``(i) Requirement for background 
                        checks.--The Secretary shall utilize biometric, 
                        biographic, and other data that the Secretary 
                        determines appropriate--</DELETED>
                                <DELETED>    ``(I) to conduct security 
                                and law enforcement background checks 
                                of an alien applying for lawful 
                                permanent resident status under this 
                                section; and</DELETED>
                                <DELETED>    ``(II) to determine 
                                whether there is any criminal, national 
                                security, or other factor that would 
                                render the alien ineligible for such 
                                status.</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Application for lawful permanent resident 
        status.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Adjudication.--</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Treatment for purposes of naturalization.--
        </DELETED>
                <DELETED>    ``(A) In general.--An alien granted lawful 
                permanent resident status under this subsection shall 
                be considered, for purposes of title III--</DELETED>
                        <DELETED>    ``(i) to have been lawfully 
                        admitted for permanent residence; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Limitation on application for 
                naturalization.--An alien may not apply for 
                naturalization while the alien is a registered 
                provisional immigrant..''.</DELETED>
<DELETED>    (c) Exemption From Numerical Limitations.--Section 201(b) 
(8 U.S.C. 1151(b)(1)) is amended--</DELETED>
        <DELETED>    (1) by redesignating subparagraph (E) as 
        subparagraph (F); and</DELETED>
        <DELETED>    (2) by inserting after subparagraph (D) the 
        following:</DELETED>
        <DELETED>    ``(E) Aliens whose status is adjusted to permanent 
        resident status under section 245C or 245D.''.</DELETED>
<DELETED>    (d) Restoration of State Option To Determine Residency for 
Purposes of Higher Education.--</DELETED>
        <DELETED>    (1) Repeal.--Section 505 of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 (8 
        U.S.C. 1623) is repealed.</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 2104. ADDITIONAL REQUIREMENTS.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 245E. ADDITIONAL REQUIREMENTS RELATING TO REGISTERED 
              PROVISIONAL IMMIGRANTS AND OTHERS.</DELETED>

<DELETED>    ``(a) Disclosures.--</DELETED>
        <DELETED>    ``(1) Prohibited disclosures.--Except as otherwise 
        provided in this subsection, no officer or employee of any 
        Federal agency may--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) make any publication through which 
                information furnished by any particular applicant can 
                be identified; or</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) a criminal investigation or 
                        prosecution of any matter not related to the 
                        applicant's immigration status; or</DELETED>
                        <DELETED>    ``(ii) a national security 
                        investigation or prosecution; and</DELETED>
                <DELETED>    ``(B) an official coroner for purposes of 
                affirmatively identifying a deceased individual, 
                whether or not the death of such individual resulted 
                from a crime.</DELETED>
        <DELETED>    ``(3) Auditing and evaluation of information.--The 
        Secretary may--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Employer Protections.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Administrative Review.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Administrative appellate review.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Single appeal for each 
                administrative decision.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Record for review.--Administrative appellate 
        review under paragraph (2) shall be de novo and based solely 
        upon--</DELETED>
                <DELETED>    ``(A) the administrative record 
                established at the time of the determination on the 
                application; and</DELETED>
                <DELETED>    ``(B) any additional newly discovered or 
                previously unavailable evidence.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(d) Privacy and Civil Liberties.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Judicial Review.--Section 242 (8 U.S.C. 1252) is 
amended--</DELETED>
        <DELETED>    (1) in subsection (a)(2)--</DELETED>
                <DELETED>    (A) in subparagraph (B), by inserting 
                ``the exercise of discretion arising under'' after ``no 
                court shall have jurisdiction to review'';</DELETED>
                <DELETED>    (B) in subparagraph (D), by striking 
                ``raised upon a petition for review filed with an 
                appropriate court of appeals in accordance with this 
                section'';</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(h) Judicial Review of Eligibility Determinations 
Relating to Status Under Chapter 5.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Status during review.--While a review 
        described in paragraph (1) is pending--</DELETED>
                <DELETED>    ``(A) the alien shall not be deemed to 
                accrue unlawful presence for purposes of section 
                212(a)(9);</DELETED>
                <DELETED>    ``(B) any unexpired grant of voluntary 
                departure under section 240B shall be tolled; 
                and</DELETED>
                <DELETED>    ``(C) the court shall have the discretion 
                to stay the execution of any order of exclusion, 
                deportation, or removal.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(4) Standard for judicial review.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the additional evidence is 
                        material; and</DELETED>
                        <DELETED>    ``(ii) there were reasonable 
                        grounds for failure to adduce the additional 
                        evidence before the Secretary.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Remedial powers.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the resolution of such cause 
                        or claim will serve judicial and administrative 
                        efficiency; or</DELETED>
                        <DELETED>    ``(ii) a remedy would otherwise 
                        not be reasonably available or 
                        practicable.</DELETED>
        <DELETED>    ``(6) Challenges to the validity of the system.--
        </DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Class actions.--Any claim described 
                in subparagraph (A) that is brought as a class action 
                shall be brought in conformity with--</DELETED>
                        <DELETED>    ``(i) the Class Action Fairness 
                        Act of 2005 (Public Law 109-2); and</DELETED>
                        <DELETED>    ``(ii) the Federal Rules of Civil 
                        Procedure.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(E) Exhaustion and stay of 
                proceedings.--</DELETED>
                        <DELETED>    ``(i) In general.--No claim 
                        brought under this paragraph shall require the 
                        plaintiff to exhaust administrative remedies 
                        under section 245E(c).</DELETED>
                        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.).</DELETED>
<DELETED>    (e) Clerical Amendment.--The table of contents is amended 
by inserting after the item relating to section 245A the 
following:</DELETED>

<DELETED>``Sec. 245B. Adjustment of status of eligible entrants before 
                            December 31, 2011, to that of registered 
                            provisional immigrant.
<DELETED>``Sec. 245C. Adjustment of status of registered provisional 
                            immigrants.
<DELETED>``Sec. 245D. Adjustment of status for certain aliens who 
                            entered the United States as children.
<DELETED>``Sec. 245E. Additional requirements relating to registered 
                            provisional immigrants and others.''.

<DELETED>SEC. 2105. CRIMINAL PENALTY.</DELETED>

<DELETED>    (a) In General.--Chapter 69 of title 18, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 1430. Improper use of information relating to 
              registered provisional immigrant applications</DELETED>
<DELETED>    ``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.''.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``1430. Improper use of information relating to registered 
                            provisional immigrant applications.''.

<DELETED>SEC. 2106. GRANT PROGRAM TO ASSIST ELIGIBLE 
              APPLICANTS.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Use of Funds.--Grant funds awarded under this section 
may be used for the design and implementation of programs that 
provide--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) assistance, within the scope of authorized 
        practice of immigration law, to individuals submitting 
        applications for registered provisional immigrant status, 
        including--</DELETED>
                <DELETED>    (A) screening prospective applicants to 
                assess their eligibility for such status;</DELETED>
                <DELETED>    (B) completing applications and petitions, 
                including providing assistance in obtaining the 
                requisite documents and supporting evidence;</DELETED>
                <DELETED>    (C) applying for any waivers for which 
                applicants and qualifying family members may be 
                eligible; and</DELETED>
                <DELETED>    (D) providing any other assistance that 
                the Secretary or grantees consider useful or necessary 
                to apply for registered provisional immigrant 
                status;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) assistance, within the scope of authorized 
        practice of immigration law, and instruction, to individuals--
        </DELETED>
                <DELETED>    (A) on the rights and responsibilities of 
                United States citizenship;</DELETED>
                <DELETED>    (B) in civics and civics-based English as 
                a second language; and</DELETED>
                <DELETED>    (C) in applying for United States 
                citizenship.</DELETED>
<DELETED>    (d) Source of Grant Funds.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Authorization of appropriations.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Availability.--Any amounts 
                appropriated pursuant to subparagraph (A) shall remain 
                available until expended.</DELETED>

<DELETED>SEC. 2107. CONFORMING AMENDMENTS TO THE SOCIAL SECURITY 
              ACT.</DELETED>

<DELETED>    (a) Correction of Social Security Records.--</DELETED>
        <DELETED>    (1) In general.--Section 208(e)(1) of the Social 
        Security Act (42 U.S.C. 408(e)(1)) is amended--</DELETED>
                <DELETED>    (A) in subparagraph (B)(ii), by striking 
                ``or'' at the end;</DELETED>
                <DELETED>    (B) in subparagraph (C), by striking the 
                comma at the end and inserting a semicolon;</DELETED>
                <DELETED>    (C) by inserting after subparagraph (C) 
                the following:</DELETED>
                <DELETED>    ``(D) who is granted status as a 
                registered provisional immigrant under section 245B or 
                245D of the Immigration and Nationality Act; 
                or</DELETED>
                <DELETED>    ``(E) whose status is adjusted to that of 
                lawful permanent resident under section 245C of the 
                Immigration and Nationality Act,''; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) State Discretion Regarding Termination of Parental 
Rights .--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the removal of the parent from the 
                United States; or</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Conditions.--Before a State may file to 
        terminate the parental rights under such section 475(5)(E)--
        </DELETED>
                <DELETED>    (A) the State (or the county or other 
                political subdivision of the State, as applicable) 
                shall make reasonable efforts--</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (I) any parent of the 
                                child who has been removed from the 
                                United States; and</DELETED>
                                <DELETED>    (II) if possible, any 
                                potential adult relative of the child 
                                (as described in section 
                                471(a)(29));</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (iii) to reunify the child with 
                        any such parent or relative; and</DELETED>
                <DELETED>    (B) appropriate services have been 
                provided (and documented) to the parent or 
                relative.</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (c) Children Separated From Parents and Caregivers.--
</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) by amending paragraph (19) to read as 
                follows:</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) the relative caregiver meets all 
                relevant State child protection standards; 
                and</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    (B) in paragraph (32), by striking ``and'' 
                at the end;</DELETED>
                <DELETED>    (C) in paragraph (33), by striking the 
                period at the end and inserting ``; and''; 
                and</DELETED>
                <DELETED>    (D) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(34) provides that the State shall--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iii) to a law enforcement 
                        agency if the disclosure would prevent imminent 
                        and serious harm to another individual; 
                        and</DELETED>
                <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (2) Additional information to be included in case 
        plan.--Section 475 of such Act (42 U.S.C. 675) is amended--
        </DELETED>
                <DELETED>    (A) in paragraph (1), by adding at the end 
                the following:</DELETED>
                <DELETED>    ``(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)--
                </DELETED>
                        <DELETED>    ``(i) the location of the parent, 
                        guardian, or relative described in paragraph 
                        (9)(A) from whom the child has been separated; 
                        and</DELETED>
                        <DELETED>    ``(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</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(9) The term `separated child' means an 
        individual who--</DELETED>
                <DELETED>    ``(A) has a parent, legal guardian, or 
                primary caregiver who has been--</DELETED>
                        <DELETED>    ``(i) detained by a Federal, 
                        State, or local law enforcement agency in the 
                        enforcement of an immigration law; or</DELETED>
                        <DELETED>    ``(ii) removed from the United 
                        States as a result of a violation of such a 
                        law; and</DELETED>
                <DELETED>    ``(B) is in foster care under the 
                responsibility of a State.''.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 2108. GOVERNMENT CONTRACTING AND ACQUISITION OF REAL 
              PROPERTY INTEREST.</DELETED>

<DELETED>    (a) Exemption From Government Contracting and Hiring 
Rules.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) determines that the waiver or 
                modification is necessary; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 2109. LONG-TERM LEGAL RESIDENTS OF THE COMMONWEALTH OF 
              THE NORTHERN MARIANA ISLANDS.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    ``(6) Special provision regarding long-term 
        residents of the commonwealth.--</DELETED>
                <DELETED>    ``(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:</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) the alien ceases to 
                                permanently reside in the Commonwealth; 
                                or</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Aliens described.--An alien is 
                described in this subparagraph if the alien--</DELETED>
                        <DELETED>    ``(i) is lawfully present in the 
                        Commonwealth under the immigration laws of the 
                        United States;</DELETED>
                        <DELETED>    ``(ii) is otherwise admissible to 
                        the United States under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et 
                        seq.);</DELETED>
                        <DELETED>    ``(iii) resided continuously and 
                        lawfully in the Commonwealth from November 28, 
                        2009, through the date of the enactment of this 
                        paragraph;</DELETED>
                        <DELETED>    ``(iv) is not a citizen of the 
                        Republic of the Marshall Islands, the Federated 
                        States of Micronesia, or the Republic of Palau; 
                        and</DELETED>
                        <DELETED>    ``(v)(I) was born in the Northern 
                        Mariana Islands between January 1, 1974 and 
                        January 9, 1978;</DELETED>
                        <DELETED>    ``(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);</DELETED>
                        <DELETED>    ``(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);</DELETED>
                        <DELETED>    ``(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);</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 2110. RULEMAKING.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Application Procedures; Processing Fees; 
Documentation.--The interim final regulations issued under subsection 
(a) shall include--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) the criteria to be used by the Secretary to 
        determine--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) which individuals will be exempt from 
                such fees;</DELETED>
        <DELETED>    (3) the documentation required to be submitted by 
        the applicant to demonstrate compliance with section 245C(b)(3) 
        of such Act; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.).</DELETED>

<DELETED>SEC. 2111. STATUTORY CONSTRUCTION.</DELETED>

<DELETED>    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.</DELETED>

       <DELETED>Subtitle B--Agricultural Worker Program</DELETED>

<DELETED>SEC. 2201. SHORT TITLE.</DELETED>

<DELETED>    This subtitle may be cited as the ``Agricultural Worker 
Program Act of 2013''.</DELETED>

<DELETED>SEC. 2202. DEFINITIONS.</DELETED>

<DELETED>    In this subtitle:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Agricultural employment.--The term 
        ``agricultural employment''--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) Qualified designated entity.--The term 
        ``qualified designated entity'' means--</DELETED>
                <DELETED>    (A) a qualified farm labor organization or 
                an association of employers designated by the 
                Secretary; or</DELETED>
                <DELETED>    (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.).</DELETED>
        <DELETED>    (6) Work day.--The term ``work day'' means any day 
        in which the individual is employed 5.75 or more hours in 
        agricultural employment.</DELETED>

      <DELETED>CHAPTER 1--PROGRAM FOR EARNED STATUS ADJUSTMENT OF 
                     AGRICULTURAL WORKERS</DELETED>

           <DELETED>Subchapter A--Blue Card Status</DELETED>

<DELETED>SEC. 2211. REQUIREMENTS FOR BLUE CARD STATUS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (B) is the spouse or child of an alien described 
        in paragraph (1);</DELETED>
        <DELETED>    (2) submits a completed application before the end 
        of the period set forth in subsection (b)(2); and</DELETED>
        <DELETED>    (3) is not ineligible under paragraph (3) or (4) 
        of section 245B(b) of the Immigration and Nationality 
        Act.</DELETED>
<DELETED>    (b) Application.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Application period.--</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Application form.--</DELETED>
                <DELETED>    (A) Required information.--The application 
                form referred to in paragraph (1) shall collect such 
                information as the Secretary determines necessary and 
                appropriate.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) shall provide the alien with a 
                reasonable opportunity to file an application under 
                this section during such application period; 
                and</DELETED>
                <DELETED>    (B) may not remove the individual until a 
                final administrative determination is made on the 
                application.</DELETED>
        <DELETED>    (5) Suspension of removal during application 
        period.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) such alien is, or has become, 
                        ineligible for blue card status under 
                        subsection (a)(1)(C); or</DELETED>
                        <DELETED>    (ii) the alien's blue card status 
                        has been revoked under subsection 
                        (2).</DELETED>
                <DELETED>    (B) Aliens in removal proceedings.--
                Notwithstanding any other provision of the Immigration 
                and Nationality Act (8 U.S.C. 1101 et seq.)--</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (I) the Secretary shall 
                                provide the alien with the opportunity 
                                to file an application for such status; 
                                and</DELETED>
                                <DELETED>    (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--</DELETED>
                                        <DELETED>    (aa) terminate 
                                        such proceedings without 
                                        prejudice to future proceedings 
                                        on any basis; and</DELETED>
                                        <DELETED>    (bb) provide the 
                                        alien a reasonable opportunity 
                                        to apply for such status; 
                                        and</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (I) the Executive Office 
                                of Immigration Review shall notify the 
                                Secretary of such determination; 
                                and</DELETED>
                                <DELETED>    (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--</DELETED>
                                        <DELETED>    (aa) terminate 
                                        such proceedings without 
                                        prejudice to future proceedings 
                                        on any basis; and</DELETED>
                                        <DELETED>    (bb) permit the 
                                        alien a reasonable opportunity 
                                        to apply for such 
                                        status.</DELETED>
                <DELETED>    (C) Treatment of certain aliens.--
                </DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (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.</DELETED>
                        <DELETED>    (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).</DELETED>
                <DELETED>    (D) Period pending adjudication of 
                application.--</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (I) may receive advance 
                                parole to reenter the United States if 
                                urgent humanitarian circumstances 
                                compel such travel;</DELETED>
                                <DELETED>    (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);</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (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))).</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (I) advance parole under 
                                clause (i)(I) to reenter the United 
                                States; or</DELETED>
                                <DELETED>    (II) blue card 
                                status.</DELETED>
        <DELETED>    (6) Security and law enforcement clearances.--
        </DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (C) Clearances.--</DELETED>
                        <DELETED>    (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--
                        </DELETED>
                                <DELETED>    (I) to conduct national 
                                security and law enforcement 
                                clearances; and</DELETED>
                                <DELETED>    (II) to determine whether 
                                there are any national security or law 
                                enforcement factors that would render 
                                an alien ineligible for such 
                                status.</DELETED>
                        <DELETED>    (ii) Prerequisite.--The required 
                        clearances described in clause (i)(I) shall be 
                        completed before the alien may be granted blue 
                        card status.</DELETED>
        <DELETED>    (7) Duration of status and extension.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (8) Fees and penalties.--</DELETED>
                <DELETED>    (A) Standard processing fee.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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--
                        </DELETED>
                                <DELETED>    (I) to adjudicate the 
                                application;</DELETED>
                                <DELETED>    (II) to take and process 
                                biometrics;</DELETED>
                                <DELETED>    (III) to perform national 
                                security and criminal checks, including 
                                adjudication;</DELETED>
                                <DELETED>    (IV) to prevent and 
                                investigate fraud; and</DELETED>
                                <DELETED>    (V) to administer the 
                                collection of such fee.</DELETED>
                        <DELETED>    (iii) Authority to limit fees.--
                        The Secretary, by regulation, may--</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (II) exempt defined 
                                classes of individuals from the payment 
                                of the fee authorized under clause 
                                (i).</DELETED>
                <DELETED>    (B) Deposit and use of processing fees.--
                Fees collected pursuant to subparagraph (A)(i)--
                </DELETED>
                        <DELETED>    (i) shall be deposited into the 
                        Comprehensive Immigration Reform Trust Fund 
                        established under section 6(a)(1);</DELETED>
                        <DELETED>    (ii) may be used for the purposes 
                        set forth in section 6(a)(3)(B).</DELETED>
                <DELETED>    (C) Penalty.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (ii) Deposit.--Penalties collected 
                        pursuant to clause (i) shall be deposited into 
                        the Comprehensive Immigration Reform Trust Fund 
                        established under section 6(a)(1).</DELETED>
        <DELETED>    (9) Adjudication.--</DELETED>
                <DELETED>    (A) Failure to submit sufficient 
                evidence.--The Secretary shall deny an application 
                submitted by an alien who fails to submit--</DELETED>
                        <DELETED>    (i) requested initial evidence, 
                        including requested biometric data; 
                        or</DELETED>
                        <DELETED>    (ii) any requested additional 
                        evidence by the date required by the 
                        Secretary.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) is filed within the 
                        application period described in paragraph (2); 
                        and</DELETED>
                        <DELETED>    (ii) contains all the required 
                        information and fees that were missing from the 
                        initial application.</DELETED>
        <DELETED>    (10) Evidence of blue card status.--</DELETED>
                <DELETED>    (A) In general.--The Secretary shall issue 
                documentary evidence of blue card status to each alien 
                whose application for such status has been 
                approved.</DELETED>
                <DELETED>    (B) Documentation features.--Documentary 
                evidence provided under subparagraph (A)--</DELETED>
                        <DELETED>    (i) shall be machine-readable and 
                        tamper-resistant, and shall contain a digitized 
                        photograph;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (iv) shall include such other 
                        features and information as the Secretary may 
                        prescribe.</DELETED>
<DELETED>    (c) Terms and Conditions of Blue Card Status.--</DELETED>
        <DELETED>    (1) Conditions of blue card status.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) the alien is in possession 
                        of--</DELETED>
                                <DELETED>    (I) valid, unexpired 
                                documentary evidence of blue card 
                                status that complies with subsection 
                                (b)(11); or</DELETED>
                                <DELETED>    (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;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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)).</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (D) Clarification of status.--An alien 
                granted blue card status--</DELETED>
                        <DELETED>    (i) is lawfully admitted to the 
                        United States; and</DELETED>
                        <DELETED>    (ii) may not be classified as a 
                        nonimmigrant or as an alien who has been 
                        lawfully admitted for permanent 
                        residence.</DELETED>
        <DELETED>    (2) Revocation.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) no longer meets the 
                        eligibility requirements described in 
                        subsection (a)(1)(C);</DELETED>
                        <DELETED>    (ii) knowingly used documentation 
                        issued under this section for an unlawful or 
                        fraudulent purpose; or</DELETED>
                        <DELETED>    (iii) was absent from the United 
                        States for--</DELETED>
                                <DELETED>    (I) any single period 
                                longer than 180 days in violation of 
                                the requirement under paragraph 
                                (1)(B)(ii); or</DELETED>
                                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Additional evidence.--</DELETED>
                        <DELETED>    (i) In general.--In determining 
                        whether to revoke an alien's status under 
                        subparagraph (A), the Secretary may require the 
                        alien--</DELETED>
                                <DELETED>    (I) to submit additional 
                                evidence; or</DELETED>
                                <DELETED>    (II) to appear for an 
                                interview.</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) is not entitled to the premium 
                assistance tax credit authorized under section 36B of 
                the Internal Revenue Code of 1986;</DELETED>
                <DELETED>    (B) shall be subject to the rules 
                applicable to individuals who are not lawfully present 
                set forth in subsection (e) of such section; 
                and</DELETED>
                <DELETED>    (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)).</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (d) Record of Employment.--</DELETED>
        <DELETED>    (1) In general.--Each employer of an alien granted 
        blue card status shall annually provide--</DELETED>
                <DELETED>    (A) a written record of employment to the 
                alien; and</DELETED>
                <DELETED>    (B) a copy of such record to the Secretary 
                of Agriculture.</DELETED>
        <DELETED>    (2) Civil penalties.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 2212. ADJUSTMENT TO PERMANENT RESIDENT STATUS.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    (1) Qualifying employment.--Except as provided in 
        paragraph (3), the alien--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Evidence.--An alien may demonstrate compliance 
        with the requirement under paragraph (1) by submitting--
        </DELETED>
                <DELETED>    (A) the record of employment described in 
                section 2211(e);</DELETED>
                <DELETED>    (B) documentation that may be submitted 
                under subsection (e)(5); or</DELETED>
                <DELETED>    (C) any other documentation designated by 
                the Secretary for such purpose.</DELETED>
        <DELETED>    (3) Extraordinary circumstances.--</DELETED>
                <DELETED>    (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--
                </DELETED>
                        <DELETED>    (i) pregnancy, disabling injury, 
                        or disease that the alien can establish through 
                        medical records;</DELETED>
                        <DELETED>    (ii) illness, disease, or other 
                        special needs of a child that the alien can 
                        establish through medical records;</DELETED>
                        <DELETED>    (iii) severe weather conditions 
                        that prevented the alien from engaging in 
                        agricultural employment for a significant 
                        period of time; or</DELETED>
                        <DELETED>    (iv) termination from agricultural 
                        employment, if the Secretary determines that--
                        </DELETED>
                                <DELETED>    (I) the termination was 
                                without just cause; and</DELETED>
                                <DELETED>    (II) the alien was unable 
                                to find alternative agricultural 
                                employment after a reasonable job 
                                search.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (4) Application period.--The alien applies for 
        adjustment of status before the alien's agricultural card 
        status expires.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (b) Grounds for Denial of Adjustment of Status.--
</DELETED>
        <DELETED>    (1) In general.--The Secretary may not adjust the 
        status of an alien granted blue card status if the alien--
        </DELETED>
                <DELETED>    (A) is no longer eligible for blue card 
                status; or</DELETED>
                <DELETED>    (B) failed to perform the qualifying 
                employment requirement under subsection (a)(1), 
                considering any amount credited by the Secretary under 
                subsection (a)(3).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Payment of taxes.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) the spouse or child applies for such 
        status;</DELETED>
        <DELETED>    (2) the principal alien includes the spouse and 
        children in an application for adjustment of status to that of 
        a lawful permanent resident; and</DELETED>
        <DELETED>    (3) the spouse or child is not ineligible under 
        section 245B(b)(3).</DELETED>
<DELETED>    (d) Numerical Limitations Do Not Apply.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Conforming amendment.--Section 201(b)(1) is 
        amended by adding at the end the following:</DELETED>
                <DELETED>    ``(F) Aliens granted lawful permanent 
                resident status under section 245B.''.</DELETED>
<DELETED>    (e) Submission of Applications.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Fees .--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) the cost of taking and 
                        processing biometrics;</DELETED>
                        <DELETED>    (ii) expenses relating to 
                        prevention and investigation of fraud; 
                        and</DELETED>
                        <DELETED>    (iii) costs relating to the 
                        administration of the fees collected.</DELETED>
                <DELETED>    (B) Authority to limit fees.--The 
                Secretary, by regulation--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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).</DELETED>
        <DELETED>    (3) Disposition of fees.--</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (4) Documentation of work history.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (g) Confidentiality of Information.--Except as otherwise 
provided in this section, the Secretary or any other official or 
employee of the Department may not--</DELETED>
        <DELETED>    (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);</DELETED>
        <DELETED>    (2) make any publication in which the information 
        furnished by any particular individual can be identified; 
        or</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (h) Penalties for False Statements in Applications.--
</DELETED>
        <DELETED>    (1) Criminal penalty.--Any person who--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) creates or supplies a false writing or 
                document for use in making such an 
                application,</DELETED>
        <DELETED>shall be fined in accordance with title 18, United 
        States Code, imprisoned not more than 5 years, or 
        both.</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (3) Deposit.--Fines collected under paragraph (1) 
        shall be deposited into the Comprehensive Immigration Reform 
        Trust Fund established under section 6(a)(1).</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 2213. USE OF INFORMATION.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 2214. REPORTS ON BLUE CARDS.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) the number of aliens who applied for blue card 
        status;</DELETED>
        <DELETED>    (2) the number of aliens who were granted blue 
        card status;</DELETED>
        <DELETED>    (3) the number of aliens who applied for an 
        adjustment of status pursuant to section 2212(a); and</DELETED>
        <DELETED>    (4) the number of aliens who received an 
        adjustment of status pursuant section 2212(a).</DELETED>

<DELETED>SEC. 2215. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    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.</DELETED>

 <DELETED>Subchapter B--Correction of Social Security Records</DELETED>

<DELETED>SEC. 2221. CORRECTION OF SOCIAL SECURITY RECORDS.</DELETED>

<DELETED>    (a) In General.--Section 208(e)(1) of the Social Security 
Act (42 U.S.C. 408(e)(1)) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (B)(ii), by striking ``or'' at 
        the end;</DELETED>
        <DELETED>    (2) in subparagraph (C), by inserting ``or'' at 
        the end;</DELETED>
        <DELETED>    (3) by inserting after subparagraph (C) the 
        following:</DELETED>
                <DELETED>    ``(D) who is granted blue card status 
                under the Agricultural Worker Program Act of 2013,''; 
                and</DELETED>
        <DELETED>    (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.''.</DELETED>
<DELETED>    (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.</DELETED>

  <DELETED>CHAPTER 2--NONIMMIGRANT AGRICULTURAL VISA PROGRAM</DELETED>

<DELETED>SEC. 2231. NONIMMIGRANT CLASSIFICATION FOR NONIMMIGRANT 
              AGRICULTURAL WORKERS.</DELETED>

<DELETED>    Section 101(a)(15) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (U), by striking ``or'' at the 
        end;</DELETED>
        <DELETED>    (2) in subparagraph (V), by striking the period at 
        the end and inserting ``; or''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                <DELETED>    ``(W) an alien having a residence in a 
                foreign country who is coming to the United States for 
                a temporary period--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(II) who meets the requirements 
                        under section 218A for a nonimmigrant visa 
                        described in this clause; and</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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);</DELETED>
                        <DELETED>    ``(II) who meets the requirements 
                        under section 218A for a nonimmigrant visa 
                        described in this clause; and</DELETED>
                        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 2232. ESTABLISHMENT OF NONIMMIGRANT AGRICULTURAL WORKER 
              PROGRAM.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 218A. NONIMMIGRANT AGRICULTURAL WORKER 
              PROGRAM.</DELETED>

<DELETED>    ``(a) Definitions.--In this section and in section 
101(a)(15)(W):</DELETED>
        <DELETED>    ``(1) Agricultural employment.--The term 
        `agricultural employment'--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(6) Electronic job registry.--The term 
        `Electronic Job Registry' means the Electronic Job Registry of 
        a State workforce agency (or similar successor 
        registry).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(8) Nonimmigrant agricultural worker.--The term 
        `nonimmigrant agricultural worker' mean a nonimmigrant 
        described in clause (iii) or (iv) of section 
        101(a)(15)(W).</DELETED>
        <DELETED>    ``(9) Program.--The term `Program' means the 
        Nonimmigrant Agricultural Worker Program established under 
        subsection (b).</DELETED>
        <DELETED>    ``(10) Secretary.--Except as otherwise 
        specifically provided, the term `Secretary' means the Secretary 
        of Agriculture.</DELETED>
        <DELETED>    ``(11) United states worker.--The term `United 
        States worker' means an individual who--</DELETED>
                <DELETED>    ``(A) is a national of the United States; 
                or</DELETED>
                <DELETED>    ``(B) is an alien who--</DELETED>
                        <DELETED>    ``(i) is lawfully admitted for 
                        permanent residence;</DELETED>
                        <DELETED>    ``(ii) is admitted as a refugee 
                        under section 207;</DELETED>
                        <DELETED>    ``(iii) is granted asylum under 
                        section 208;</DELETED>
                        <DELETED>    ``(iv) holds an blue card; 
                        or</DELETED>
                        <DELETED>    ``(v) is an immigrant otherwise 
                        authorized by this Act or by the Secretary of 
                        Homeland Security to be employed in the United 
                        States.</DELETED>
<DELETED>    ``(b) Requirements.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Numerical Limitation.--</DELETED>
        <DELETED>    ``(1) First 5 years of program.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) 112,333; and</DELETED>
                        <DELETED>    ``(ii) the numerical adjustment 
                        made by the Secretary for such fiscal year in 
                        accordance with paragraph (2).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Annual adjustments for first 5 years of 
        program.--</DELETED>
                <DELETED>    ``(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:</DELETED>
                        <DELETED>    ``(i) A demonstrated shortage of 
                        agricultural workers.</DELETED>
                        <DELETED>    ``(ii) The level of unemployment 
                        and underemployment of agricultural workers 
                        during the preceding fiscal year.</DELETED>
                        <DELETED>    ``(iii) The number of applications 
                        for blue card status.</DELETED>
                        <DELETED>    ``(iv) The number of blue card 
                        visa applications approved.</DELETED>
                        <DELETED>    ``(v) The number of nonimmigrant 
                        agricultural workers sought by employers during 
                        the preceding fiscal year.</DELETED>
                        <DELETED>    ``(vi) The estimated number of 
                        United States workers, including blue card 
                        workers, who worked in agriculture during the 
                        preceding fiscal year.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(viii) The number of United 
                        States workers who accepted jobs offered by 
                        employers using the Electronic Job Registry 
                        during the preceding fiscal year.</DELETED>
                        <DELETED>    ``(ix) Any growth or contraction 
                        of the United States agricultural industry that 
                        has increased or decreased the demand for 
                        agricultural workers.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) a demonstrated shortage of 
                agricultural workers;</DELETED>
                <DELETED>    ``(B) the level of unemployment and 
                underemployment of agricultural workers during the 
                preceding fiscal year;</DELETED>
                <DELETED>    ``(C) the number of applications for blue 
                card status;</DELETED>
                <DELETED>    ``(D) the number of blue card visa 
                applications approved;</DELETED>
                <DELETED>    ``(E) the number of nonimmigrant 
                agricultural workers sought by employers during the 
                preceding fiscal year;</DELETED>
                <DELETED>    ``(F) the estimated number of United 
                States workers, including blue card workers, who worked 
                in agriculture during the preceding fiscal 
                year;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(H) the number of United States workers 
                who accepted jobs offered by employers using the 
                Electronic Job Registry during the preceding fiscal 
                year;</DELETED>
                <DELETED>    ``(I) any growth or contraction of the 
                United States agricultural industry that has increased 
                or decreased the demand for agricultural workers; 
                and</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Requirements for Nonimmigrant Agricultural 
Workers.--</DELETED>
        <DELETED>    ``(1) Eligibility for nonimmigrant agricultural 
        worker status.--</DELETED>
                <DELETED>    ``(A) In general.--An alien is not 
                eligible to be admitted to the United States as a 
                nonimmigrant agricultural worker if the alien--
                </DELETED>
                        <DELETED>    ``(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);</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(II)(aa) is outside of the 
                        United States; or</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(B) Waiver.--The Secretary may waive the 
                application of subparagraph (A)(iii) on behalf of an 
                alien if the alien--</DELETED>
                        <DELETED>    ``(i) is the spouse or child of a 
                        United States citizen or lawful permanent 
                        resident;</DELETED>
                        <DELETED>    ``(ii) is the parent of a child 
                        who is a United States citizen or lawful 
                        permanent resident;</DELETED>
                        <DELETED>    ``(iii) meets the requirements set 
                        forth in clause (ii) or (iii) of section 
                        245D(b)(1)(A); or</DELETED>
                        <DELETED>    ``(iv)(I) meets the requirements 
                        set forth in section 
                        245D(b)(1)(A)(ii);</DELETED>
                        <DELETED>    ``(II) is 16 years or older on the 
                        date on which the alien applies for 
                        nonimmigrant agricultural status; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Term of stay for nonimmigrant agricultural 
        workers.--</DELETED>
                <DELETED>    ``(A) In general.--</DELETED>
                        <DELETED>    ``(i) Initial admission.--A 
                        nonimmigrant agricultural worker may be 
                        admitted into the United States in such status 
                        for an initial period of 3 years.</DELETED>
                        <DELETED>    ``(ii) Renewal.--A nonimmigrant 
                        agricultural worker may renew such worker's 
                        period of admission in the United States for 1 
                        additional 3-year period.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) returns to a residence 
                        outside the United States for a period of not 
                        less than 3 months; and</DELETED>
                        <DELETED>    ``(ii) seeks to reenter the United 
                        States under the terms of the Program as a 
                        nonimmigrant agricultural worker.</DELETED>
        <DELETED>    ``(3) Loss of status.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the injury of such worker; 
                        or</DELETED>
                        <DELETED>    ``(ii) a natural disaster declared 
                        by the Secretary.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Portability of status.--</DELETED>
                <DELETED>    ``(A) Contract agricultural workers.--
                </DELETED>
                        <DELETED>    ``(i) In general.--Except as 
                        provided in clause (ii), an alien who entered 
                        the United States as a contract agricultural 
                        worker may--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(II) accept employment 
                                with such new employer after the date 
                                the contract agricultural worker 
                                completes such contract.</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(II) is not entitled to 
                                the 75 percent payment guarantee 
                                described in subsection 
                                (e)(4)(B).</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(5) Prohibition on geographic limitation.--A 
        nonimmigrant visa issued to a nonimmigrant agricultural 
        worker--</DELETED>
                <DELETED>    ``(A) shall not limit the geographical 
                area within which such worker may be 
                employed;</DELETED>
                <DELETED>    ``(B) shall not limit the type of 
                agricultural employment such worker may perform; 
                and</DELETED>
                <DELETED>    ``(C) may restrict such worker to 
                employment with designated agricultural 
                employers.</DELETED>
        <DELETED>    ``(6) Treatment of spouses and children.--A spouse 
        or child of a nonimmigrant agricultural worker--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) may be provided status as a 
                nonimmigrant agricultural worker if the spouse or child 
                is independently qualified for such status.</DELETED>
<DELETED>    ``(e) Employer Requirements.--</DELETED>
        <DELETED>    ``(1) Designated agricultural employer status.--
        </DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the employer's employer 
                        identification number; and</DELETED>
                        <DELETED>    ``(ii) a registration fee, in an 
                        amount determined by the Secretary.</DELETED>
                <DELETED>    ``(B) Criteria.--The Secretary shall grant 
                designated agricultural employer status to an employer 
                who submits an registration for such status that 
                includes--</DELETED>
                        <DELETED>    ``(i) documentation that the 
                        employer is engaged in agriculture;</DELETED>
                        <DELETED>    ``(ii) the estimated number of 
                        nonimmigrant agricultural workers the employer 
                        will need each year;</DELETED>
                        <DELETED>    ``(iii) the anticipated periods 
                        during which the employer will need such 
                        workers; and</DELETED>
                        <DELETED>    ``(iv) documentation establishing 
                        need for a specified agricultural occupation or 
                        occupations.</DELETED>
                <DELETED>    ``(C) Designation.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Term of designation.--Each 
                        employer granted designated agricultural 
                        employer status under this paragraph shall 
                        retain such status for a term of 3 
                        years.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) to assist agricultural 
                        employers with the registration process under 
                        this paragraph by providing such employers 
                        with--</DELETED>
                                <DELETED>    ``(I) technical assistance 
                                and expertise;</DELETED>
                                <DELETED>    ``(II) internet access for 
                                submitting such applications; 
                                and</DELETED>
                                <DELETED>    ``(III) a nonelectronic 
                                means for submitting such 
                                registrations; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Nonimmigrant agricultural worker petition 
        process.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Attestation.--An application 
                submitted under subparagraph (A) shall include an 
                attestation of the following</DELETED>
                        <DELETED>    ``(i) the number of named or 
                        unnamed nonimmigrant agricultural workers the 
                        designated agricultural employer is seeking to 
                        employ during the applicable period of 
                        employment;</DELETED>
                        <DELETED>    ``(ii) the total number of 
                        contract agricultural workers and of at-will 
                        agricultural workers the employer will require 
                        for each occupational category;</DELETED>
                        <DELETED>    ``(iii) the anticipated period, 
                        including expected beginning and ending dates, 
                        during which such employees will be 
                        needed;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(v) the information submitted to 
                        the State workforce agency pursuant to 
                        paragraph (3)(A)(i);</DELETED>
                        <DELETED>    ``(vi) the record of United States 
                        workers described in paragraph (3)(A)(iv) on 
                        the date of the request;</DELETED>
                        <DELETED>    ``(vii) evidence of offers of 
                        employment made to United States workers as 
                        required under paragraph (3)(B); and</DELETED>
                        <DELETED>    ``(viii) that the employer has 
                        complied with the conditions pursuant to (4)(A) 
                        and (4)(B).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Employment of united states workers.--
        </DELETED>
                <DELETED>    ``(A) Recruitment.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Requirement to hire.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) applies for such 
                                job;</DELETED>
                                <DELETED>    ``(II) is equally or 
                                better qualified for the job; 
                                and</DELETED>
                                <DELETED>    ``(III) will be available 
                                at the time and place of 
                                need.</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(II) the employer pays 
                                such worker the adverse effect wage 
                                rate calculated under subsection 
                                (f)(5).</DELETED>
        <DELETED>    ``(4) Additional program requirements for 
        designated agricultural employers.--Each designated 
        agricultural employer shall comply with the following 
        requirements:</DELETED>
                <DELETED>    ``(A) No displacement of united states 
                workers.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Guarantee of employment for contract 
                agricultural workers.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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--
                        </DELETED>
                                <DELETED>    ``(I) may terminate the 
                                worker's employment;</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(III) shall make efforts 
                                to transfer the worker to other 
                                comparable employment acceptable to the 
                                worker; and</DELETED>
                                <DELETED>    ``(IV) if such a transfer 
                                does not take place, shall provide the 
                                return transportation required under 
                                subparagraph (J).</DELETED>
                <DELETED>    ``(C) Workers' compensation.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(D) Prohibition for use for 
                nonagricultural services.--The employer may not employ 
                a nonimmigrant agricultural worker for employment other 
                than agricultural employment.</DELETED>
                <DELETED>    ``(E) Wages.--The employer shall pay the 
                wage required under subsection (f).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(G) Requirement to provide housing or a 
                housing allowance.--</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(ii) Housing.--An employer may 
                        provide housing to a nonimmigrant agricultural 
                        worker that meets--</DELETED>
                                <DELETED>    ``(I) applicable Federal 
                                standards for temporary labor camps; 
                                or</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iii) Housing payments.--
                        </DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iv) Housing allowance 
                        alternative.--</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(III) Amount of 
                                allowance.--</DELETED>
                                        <DELETED>    ``(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.</DELETED>
                                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(I) Reimbursement of transportation to 
                place of employment.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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--
                        </DELETED>
                                <DELETED>    ``(I) the actual cost to 
                                the worker of the transportation and 
                                subsistence involved; or</DELETED>
                                <DELETED>    ``(II) the most economical 
                                and reasonable common carrier 
                                transportation charges and subsistence 
                                costs for the distance 
                                involved.</DELETED>
                        <DELETED>    ``(iii) Distance traveled.--The 
                        employer shall not be required to reimburse a 
                        worker under clause (i) if--</DELETED>
                                <DELETED>    ``(I) the distance 
                                traveled is 100 miles or less; 
                                or</DELETED>
                                <DELETED>    ``(II) the worker is not 
                                residing in employer-provided housing 
                                or housing secured through an allowance 
                                described in subclause 
                                (I)(iv).</DELETED>
                <DELETED>    ``(J) Reimbursement of transportation from 
                place of employment.--</DELETED>
                        <DELETED>    ``(i) In general.--</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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).</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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--
                        </DELETED>
                                <DELETED>    ``(I) the actual cost to 
                                the worker of the transportation and 
                                subsistence involved; or</DELETED>
                                <DELETED>    ``(II) the most economical 
                                and reasonable common carrier 
                                transportation charges and subsistence 
                                costs for the distance 
                                involved.</DELETED>
                        <DELETED>    ``(iii) Distance traveled.--The 
                        employer shall not be required to reimburse a 
                        worker under clause (i) if--</DELETED>
                                <DELETED>    ``(I) the distance 
                                traveled is 100 miles or less; 
                                or</DELETED>
                                <DELETED>    ``(II) the worker is not 
                                residing in employer-provided housing 
                                or housing secured through an allowance 
                                described in subclause 
                                (I)(iv).</DELETED>
                        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) impose penalties, including fines; 
                and</DELETED>
                <DELETED>    ``(B) for serious violations, disqualify 
                the employer from future enrollment in the Program for 
                a period of not more than 3 years.</DELETED>
<DELETED>    ``(f) Wages.--</DELETED>
        <DELETED>    ``(1) Wage rate requirement.--</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(A) First-Line Supervisors of Farming, 
                Fishing, and Forestry Workers (45-1011).</DELETED>
                <DELETED>    ``(B) Animal Breeders (45-2021).</DELETED>
                <DELETED>    ``(C) Graders and Sorters, Agricultural 
                Products (45-2041).</DELETED>
                <DELETED>    ``(D) Agricultural equipment operator (45-
                2091).</DELETED>
                <DELETED>    ``(E) Farmworkers and Laborers, Crop, 
                Nursery, and Greenhouse (45-2092).</DELETED>
                <DELETED>    ``(F) Farmworkers, Farm, Ranch and 
                Aquacultural Animals (45-2093).</DELETED>
        <DELETED>    ``(3) Determination of wage rate.--</DELETED>
                <DELETED>    ``(A) Fiscal years 2014 through 2016.--The 
                wage rate under this subparagraph for fiscal years 2014 
                through 2016 shall be the higher of--</DELETED>
                        <DELETED>    ``(i) the applicable Federal, 
                        State or local minimum wage; or</DELETED>
                        <DELETED>    ``(ii)(I) for the category 
                        described in paragraph (2)(C)--</DELETED>
                                <DELETED>    ``(aa) $9.37 for fiscal 
                                year 2014;</DELETED>
                                <DELETED>    ``(bb) $9.60 for fiscal 
                                year 2015; and</DELETED>
                                <DELETED>    ``(cc) $9.84 for fiscal 
                                year 2016;</DELETED>
                        <DELETED>    ``(II) for the category described 
                        in paragraph (2)(D)--</DELETED>
                                <DELETED>    ``(aa) $11.30 for fiscal 
                                year 2014;</DELETED>
                                <DELETED>    ``(bb) $11.58 for fiscal 
                                year 2015; and</DELETED>
                                <DELETED>    ``(cc) $11.87 for fiscal 
                                year 2016;</DELETED>
                        <DELETED>    ``(III) for the category described 
                        in paragraph (2)(E)--</DELETED>
                                <DELETED>    ``(aa) $9.17 for fiscal 
                                year 2014;</DELETED>
                                <DELETED>    ``(bb) $9.40 for fiscal 
                                year 2015; and</DELETED>
                                <DELETED>    ``(cc) $9.64 for fiscal 
                                year 2016; and</DELETED>
                        <DELETED>    ``(IV) for the category described 
                        in paragraph (2)(F)--</DELETED>
                                <DELETED>    ``(aa) $10.82 for fiscal 
                                year 2014;</DELETED>
                                <DELETED>    ``(bb) $11.09 for fiscal 
                                year 2015; and</DELETED>
                                <DELETED>    ``(cc) $11.37 for fiscal 
                                year 2016;</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(ii) the percentage increase in 
                        such Employment Cost Index, if such percentage 
                        increase is between 1.5 percent and 2.5 
                        percent, inclusive; or</DELETED>
                        <DELETED>    ``(iii) 2.5 percent, if such 
                        percentage increase is greater than 2.5 
                        percent.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(4) Consideration.--In determining the wage rate 
        under paragraph (3), the Secretary may consider appropriate 
        factors, including--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(D) the wages paid workers in the United 
                States who are not employed in agricultural employment 
                but who are employed in comparable 
                employment;</DELETED>
                <DELETED>    ``(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.);</DELETED>
                <DELETED>    ``(F) the impact of farm labor costs in 
                the United States on the movement of agricultural 
                production to foreign countries;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(H) the accuracy and reliability of the 
                Occupational and Employment Survey.</DELETED>
        <DELETED>    ``(5) Adverse effect wage rate.--</DELETED>
                <DELETED>    ``(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)--
                </DELETED>
                        <DELETED>    ``(i) shall remain in effect until 
                        the date described in section 2233 of the 
                        Agricultural Worker Program Act of 2013; 
                        and</DELETED>
                        <DELETED>    ``(ii) may not be modified except 
                        as provided in subparagraph (B).</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) deemed to be such wage 
                        rates; and</DELETED>
                        <DELETED>    ``(ii) after September 1, 2015, 
                        adjusted annually in accordance with paragraph 
                        (3)(B).</DELETED>
        <DELETED>    ``(6) Equal wages, benefits, and working 
        conditions.--</DELETED>
                <DELETED>    ``(A) Preferential treatment of aliens 
                prohibited.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Attestation.--</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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--
                        </DELETED>
                                <DELETED>    ``(I) the total number of 
                                employees employed by an employer 
                                during the preceding calendar year, as 
                                evidenced by the employer's payroll 
                                records; and</DELETED>
                                <DELETED>    ``(II) the employer's E-
                                Verify records indicating the 
                                citizenship and alien status of each 
                                employee employed by the 
                                employer.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) Worker Protections and Dispute Resolution.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Applicability of the migrant and seasonal 
        agricultural worker protection act.--</DELETED>
                <DELETED>    ``(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.).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Mediation.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(v) Authorization of 
                        appropriations.--</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(II) Mediation.--
                                Notwithstanding any other provision of 
                                law, the Director of the Federal 
                                Mediation and Conciliation Service is 
                                authorized--</DELETED>
                                        <DELETED>    ``(aa) to conduct 
                                        the mediation or other dispute 
                                        resolution activities from any 
                                        other account containing 
                                        amounts available to the 
                                        Director; and</DELETED>
                                        <DELETED>    ``(bb) to 
                                        reimburse such account with 
                                        amounts appropriated pursuant 
                                        to subclause (I).</DELETED>
                        <DELETED>    ``(vi) Private mediation.--If all 
                        parties agree, a private mediator may be 
                        employed as an alternative to the Federal 
                        Mediation and Conciliation Service.</DELETED>
        <DELETED>    ``(3) Other rights.--Nonimmigrant agricultural 
        workers shall be entitled to the rights granted to other 
        classes of aliens under sections 242(h) and 245E.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(h) Enforcement Authority.--</DELETED>
        <DELETED>    ``(1) Review.--The Secretary of Homeland Security 
        shall review petitions submitted by designated agricultural 
        employers under subsection (e)(2) for completeness or obvious 
        inaccuracies.</DELETED>
        <DELETED>    ``(2) Investigation of complaints.--</DELETED>
                <DELETED>    ``(A) Aggrieved person or third-party 
                complaints.--</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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)--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) the Secretary may 
                        disqualify the designated agricultural employer 
                        from the employment of nonimmigrant 
                        agricultural workers for a period of 1 
                        year.</DELETED>
                <DELETED>    ``(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)--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(ii) the Secretary of Labor may 
                        seek appropriate legal or equitable relief to 
                        effectuate the purposes of subsection (e)(8); 
                        and</DELETED>
                        <DELETED>    ``(iii) the Secretary may 
                        disqualify the designated agricultural employer 
                        from the employment of nonimmigrant 
                        agricultural workers for a period of 2 
                        years.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) the Secretary may 
                        disqualify the employer from the employment of 
                        nonimmigrant agricultural workers for a period 
                        of 3 years.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(9) Role of associations.--</DELETED>
                <DELETED>    ``(A) Violation by a member of an 
                association.--</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Violations by an association acting 
                as an employer.--</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(i) Special Nonimmigrant Visa Processing and Wage 
Determination Procedures for Certain Agricultural Occupations.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Special procedures industries defined.--In 
        this subsection, the term `Special Procedures Industries' 
        means--</DELETED>
                <DELETED>    ``(A) sheepherding and goat 
                herding;</DELETED>
                <DELETED>    ``(B) itinerant commercial beekeeping and 
                pollination;</DELETED>
                <DELETED>    ``(C) open range production of 
                livestock;</DELETED>
                <DELETED>    ``(D) itinerant animal shearing;</DELETED>
                <DELETED>    ``(E) custom combining industries; 
                and</DELETED>
                <DELETED>    ``(F) any other industry designated by the 
                Secretary, upon petition by an employer, as a Special 
                Procedures Industry.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) may include an anticipated 
                itinerary; and</DELETED>
                <DELETED>    ``(B) may be subsequently amended by the 
                employer, after notice to the Secretary.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(j) Miscellaneous Provisions.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Monitoring requirement.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary shall 
                monitor the movement of nonimmigrant agricultural 
                workers through--</DELETED>
                        <DELETED>    ``(i) the Employment Verification 
                        System described in section 274A(b); 
                        and</DELETED>
                        <DELETED>    ``(ii) the electronic monitoring 
                        system established pursuant to subparagraph 
                        (B).</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(ii) monitor the presence and 
                        employment of nonimmigrant agricultural 
                        workers; and</DELETED>
                        <DELETED>    ``(iii) assist in ensuring the 
                        compliance of designated agricultural employers 
                        and nonimmigrant agricultural workers with the 
                        requirements of the Program.''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``Sec. 218A. Nonimmigrant agricultural worker program.''.
<DELETED>    (d) Effective Date.--The amendments made by this section 
shall take effect on October 1, 2014.</DELETED>

<DELETED>SEC. 2233. TRANSITION OF H-2A WORKER PROGRAM.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (b) Conforming Amendments.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Repeal of admission requirements for h-2a 
        worker.--Section 218 of the Immigration and Nationality Act (8 
        U.S.C. 1188) is repealed.</DELETED>
        <DELETED>    (3) Conforming amendments.--</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 2234. REPORTS TO CONGRESS ON NONIMMIGRANT AGRICULTURAL 
              WORKERS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) aliens actually admitted pursuant to each such 
        clause.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) have not departed from the United 
        States.</DELETED>

             <DELETED>CHAPTER 3--OTHER PROVISIONS</DELETED>

<DELETED>SEC. 2241. RULEMAKING.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 2242. REPORTS TO CONGRESS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 2243. EFFECTIVE DATE.</DELETED>

<DELETED>    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.</DELETED>

           <DELETED>Subtitle C--Future Immigration</DELETED>

<DELETED>SEC. 2301. MERIT-BASED POINTS TRACK ONE.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (1) Worldwide level of merit-based immigrants.--
        Section 201(e) (8 U.S.C. 1151(e)) is amended to read as 
        follows:</DELETED>
<DELETED>    ``(e) Worldwide Level of Merit-based Immigrants.--
</DELETED>
        <DELETED>    ``(1) In general.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Annual increase.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(B) Limitation on increase.--The 
                worldwide level of visas available for merit-based 
                immigrants shall not exceed 250,000.</DELETED>
        <DELETED>    ``(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</DELETED>\<DELETED>1/2</DELETED>\ <DELETED>percent.</DELETED>
        <DELETED>    ``(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).''.</DELETED>
        <DELETED>    (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:</DELETED>
<DELETED>    ``(c) Merit-based Immigrants.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(A) 50 percent shall be available to 
                applicants with the highest number of points allocated 
                under tier 1 in paragraph (4).</DELETED>
                <DELETED>    ``(B) 50 percent shall be available to 
                applicants with the highest number of points allocated 
                under tier 2 in paragraph (5).</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(A) If the unused visas were allocated 
                for tier 1 in a fiscal year, </DELETED>\<DELETED>2/
                3</DELETED>\ <DELETED>of such visas shall be available 
                for aliens allocated visas under tier 1 in the 
                following fiscal year and </DELETED>\<DELETED>1/
                3</DELETED>\ <DELETED>of such visas shall be available 
                for aliens allocated visas under either tier 1 or tier 
                2 in the following fiscal year.</DELETED>
                <DELETED>    ``(B) If the unused visas were allocated 
                for tier 2 in a fiscal year, </DELETED>\<DELETED>2/
                3</DELETED>\ <DELETED>of such visas shall be available 
                for aliens allocated visas under tier 2 in the 
                following fiscal year and </DELETED>\<DELETED>1/
                3</DELETED>\ <DELETED>of such visas shall be available 
                for aliens allocated visas under either tier 1 or tier 
                2 in the following fiscal year.</DELETED>
        <DELETED>    ``(4) Tier 1.--The Secretary shall allocate points 
        to each alien seeking to be a tier 1 merit-based immigrant as 
        follows:</DELETED>
                <DELETED>    ``(A) Education.--</DELETED>
                        <DELETED>    ``(i) In general.--An alien may 
                        received points under only one of the following 
                        categories:</DELETED>
                                <DELETED>    ``(I) An alien who has 
                                received a doctorate degree shall be 
                                allocated 15 points.</DELETED>
                                <DELETED>    ``(II) An alien who has 
                                received a master's degree shall be 
                                allocated 10 points.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Employment experience.--An alien 
                shall be allocated not more than 20 points as 
                follows:</DELETED>
                        <DELETED>    ``(i) 3 points for each year the 
                        alien has been lawfully employed in a zone 5 
                        occupation in the United States.</DELETED>
                        <DELETED>    ``(ii) 2 points for each year the 
                        alien has been lawfully employed in a zone 4 
                        occupation in the United States.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) in a zone 5 occupation shall 
                        be allocated 10 points; or</DELETED>
                        <DELETED>    ``(ii) in a zone 4 occupation 
                        shall be allocated 8 points.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(I) Age.--An alien who is--</DELETED>
                        <DELETED>    ``(i) between 18 and 24 years of 
                        age shall be allocated 8 points;</DELETED>
                        <DELETED>    ``(ii) between 25 and 32 years of 
                        age shall be allocated 6 points; or</DELETED>
                        <DELETED>    ``(iii) between 33 and 37 years of 
                        age shall be allocated 4 points.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Tier 2.--The Secretary shall allocate points 
        to each alien seeking to be a tier 2 merit-based immigrant as 
        follows:</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Special employment criteria.--An 
                alien who is employed full-time in the United States, 
                or has an offer of full-time employment--</DELETED>
                        <DELETED>    ``(i) in a high demand tier 2 
                        occupation shall be allocated 10 points; 
                        or</DELETED>
                        <DELETED>    ``(ii) in a zone 1 occupation or 
                        zone 2 occupation shall be allocated 10 
                        points.</DELETED>
                <DELETED>    ``(C) Caregiver.--An alien who is or has 
                been a primary caregiver shall be allocated 10 
                points.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(E) Civic involvement.--An alien who has 
                demonstrated significant shall civic involvement shall 
                be allocated 2 points.</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(i) 75 or more shall be 
                        allocated points 10 points; or</DELETED>
                        <DELETED>    ``(ii) more than 54 and less than 
                        75 shall be allocated 5 points.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(H) Age.--An alien who is--</DELETED>
                        <DELETED>    ``(i) between 18 and 24 years of 
                        age shall be allocated 8 points;</DELETED>
                        <DELETED>    ``(ii) between 25 and 32 years of 
                        age shall be allocated 6 points; or</DELETED>
                        <DELETED>    ``(iii) between 33 and 37 years of 
                        age shall be allocated 4 points.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(6) Fee.--An alien who is allocated a visa under 
        this section shall pay a fee of $500.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(9) Definitions.--In this subsection:</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Secretary.--The term `Secretary' 
                means the Secretary of Homeland Security.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the Occupational Information 
                        Network Database (O)NET) on the date of the 
                        enactment of this Act; or</DELETED>
                        <DELETED>    ``(ii) such Database or a similar 
                        successor database, as designated by the 
                        Secretary of Labor, after the date of the 
                        enactment of this Act.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the Occupational Information 
                        Network Database (O)NET) on the date of the 
                        enactment of this Act; or</DELETED>
                        <DELETED>    ``(ii) such Database or a similar 
                        successor database, as designated by the 
                        Secretary of Labor, after the date of the 
                        enactment of this Act.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the Occupational Information 
                        Network Database (O)NET) on the date of the 
                        enactment of this Act; or</DELETED>
                        <DELETED>    ``(ii) such Database or a similar 
                        successor database, as designated by the 
                        Secretary of Labor, after the date of the 
                        enactment of this Act.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the Occupational Information 
                        Network Database (O)NET) on the date of the 
                        enactment of this Act; or</DELETED>
                        <DELETED>    ``(ii) such Database or a similar 
                        successor database, as designated by the 
                        Secretary of Labor, after the date of the 
                        enactment of this Act.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the Occupational Information 
                        Network Database (O)NET) on the date of the 
                        enactment of this Act; or</DELETED>
                        <DELETED>    ``(ii) such Database or a similar 
                        successor database, as designated by the 
                        Secretary of Labor, after the date of the 
                        enactment of this Act.''.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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)''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 2302. MERIT-BASED TRACK TWO.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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)).</DELETED>
<DELETED>    (c) Eligibility.--Beginning on October 1, 2014, the 
following aliens shall be eligible for merit-based immigrant visas 
under this section:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Long-term alien workers and other merit-based 
        immigrants.--An alien who--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) has been lawfully present in the 
                United States for not less than 10 years; and</DELETED>
<DELETED>    (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 </DELETED>\<DELETED>1/7</DELETED>\ <DELETED>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.</DELETED>
<DELETED>    (e) Allocation of Family-sponsored Merit-based Immigrant 
Visas.--The visas authorized by subsection (c)(2) shall be allocated as 
follows:</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (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 
        </DELETED>\<DELETED>1/7</DELETED>\ <DELETED>of the difference 
        between--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) the number of aliens described in 
                paragraph (1).</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (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 </DELETED>\<DELETED>1/2</DELETED>\ 
        <DELETED>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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 2303. REPEAL OF THE DIVERSITY VISA PROGRAM.</DELETED>

<DELETED>    (a) In General.--Title II (8 U.S.C. 1151 et seq.) is 
amended--</DELETED>
        <DELETED>    (1) in section 201 (8 U.S.C. 1151)--</DELETED>
                <DELETED>    (A) in subsection (a)--</DELETED>
                        <DELETED>    (i) in paragraph (1), by adding 
                        ``and'' at the end;</DELETED>
                        <DELETED>    (ii) in paragraph (2), by striking 
                        ``; and'' at the end and inserting a period; 
                        and</DELETED>
                        <DELETED>    (iii) by striking paragraph (3); 
                        and</DELETED>
                <DELETED>    (B) by striking subsection (e);</DELETED>
        <DELETED>    (2) in section 203 (8 U.S.C. 1153)--</DELETED>
                <DELETED>    (A) by striking subsection (c);</DELETED>
                <DELETED>    (B) in subsection (d), by striking ``(a), 
                (b), or (c)'' and inserting ``(a) or (b)</DELETED>
                <DELETED>    (C) in subsection (e)--</DELETED>
                        <DELETED>    (i) by striking paragraph (2); 
                        and</DELETED>
                        <DELETED>    (ii) by redesignating paragraph 
                        (3) as paragraph (2);</DELETED>
                <DELETED>    (D) in subsection (f), by striking ``(a), 
                (b), or (c) of this section'' and inserting ``(a) or 
                (b)''; and</DELETED>
                <DELETED>    (E) in subsection (g), by striking ``(a), 
                (b), and (c)'' and inserting ``(a) and (b)''; 
                and</DELETED>
        <DELETED>    (3) in section 204 (8 U.S.C. 1154)--</DELETED>
                <DELETED>    (A) in subsection (a)(1), by striking 
                subparagraph (I); and</DELETED>
                <DELETED>    (B) in subsection (e), by striking ``(a), 
                (b), or (c)'' and inserting ``(a) or (b)''.</DELETED>
<DELETED>    (b) Effective Date and Application.--</DELETED>
        <DELETED>    (1) Effective date.--The amendments made by this 
        section shall take effect on October 1, 2014.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 2304. WORLD-WIDE LEVELS AND RECAPTURE OF UNUSED IMMIGRANT 
              VISAS.</DELETED>

<DELETED>    (a) Employment-based Immigrants.--Section 201(d) (8 U.S.C. 
1151(d)) is amended to read as follows:</DELETED>
<DELETED>    ``(d) Worldwide Level of Employment-based Immigrants.--
</DELETED>
        <DELETED>    ``(1) In general.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) 140,000; and</DELETED>
                        <DELETED>    ``(ii) the number computed under 
                        paragraph (2).</DELETED>
                <DELETED>    ``(B) Fiscal year 2015.--For fiscal year 
                2015, the worldwide level of employment-based 
                immigrants under this subsection is equal to the sum 
                of--</DELETED>
                        <DELETED>    ``(i) 140,000;</DELETED>
                        <DELETED>    ``(ii) the number computed under 
                        paragraph (2); and</DELETED>
                        <DELETED>    ``(iii) the number computed under 
                        paragraph (3).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Unused visas.--The number computed under 
        this paragraph is the difference, if any, between--</DELETED>
                <DELETED>    ``(A) the sum of the worldwide levels 
                established under paragraph (1) for fiscal years 1992 
                through and including 2013; and</DELETED>
                <DELETED>    ``(B) the number of visas actually issued 
                under section 203(b) during such fiscal 
                years.''.</DELETED>
<DELETED>    (b) Family-sponsored Immigrants.--Section 201(c) (8 U.S.C. 
1151(c)) is amended to read as follows:</DELETED>
<DELETED>    ``(c) Worldwide Level of Family-sponsored Immigrants.--
</DELETED>
        <DELETED>    ``(1) In general.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) 480,000 minus the number 
                        computed under paragraph (2); and</DELETED>
                        <DELETED>    ``(ii) the number computed under 
                        paragraph (3).</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) 480,000 minus the number 
                        computed under paragraph (2);</DELETED>
                        <DELETED>    ``(ii) the number computed under 
                        paragraph (3); and</DELETED>
                        <DELETED>    ``(iii) the number computed under 
                        paragraph (4).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Unused visas.--The number computed under 
        this paragraph is the difference, if any, between--</DELETED>
                <DELETED>    ``(A) the sum of the worldwide levels 
                established under paragraph (1) for fiscal years 1992 
                through and including 2013; and</DELETED>
                <DELETED>    ``(B) the number of visas actually issued 
                under section 203(a) during such fiscal 
                years.''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 2305. RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF 
              LAWFUL PERMANENT RESIDENTS AS IMMEDIATE 
              RELATIVES.</DELETED>

<DELETED>    (a) Immediate Relatives.--Section 201(b)(2) (8 U.S.C. 
1151(b)(2)) is amended to read as follows:</DELETED>
        <DELETED>    ``(2)(A) Aliens who are immediate 
        relatives.</DELETED>
        <DELETED>    ``(B) In this paragraph, the term `immediate 
        relative' means--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(ii) a child or spouse of an alien 
                lawfully admitted for permanent residence;</DELETED>
                <DELETED>    ``(iii) the child or spouse of an alien 
                described in clause (i), who is accompanying or 
                following to join the alien;</DELETED>
                <DELETED>    ``(iv) the child or spouse of an alien 
                described in clause (ii), who is accompanying or 
                following to join the alien;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(vi) an alien born to an alien lawfully 
                admitted for permanent residence during a temporary 
                visit abroad.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Allocation of Immigrant Visas.--Section 203(a) (8 
U.S.C. 1153(a)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``23,400,'' and 
        inserting ``20 percent of the worldwide level of family-
        sponsored immigrants under section 201(c)'';</DELETED>
        <DELETED>    (2) by striking paragraph (2) and inserting the 
        following:</DELETED>
        <DELETED>    ``(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).'';</DELETED>
        <DELETED>    (3) in paragraph (3) --</DELETED>
                <DELETED>    (A) by striking ``23,400,'' and inserting 
                ``20 percent of the worldwide level of family-sponsored 
                immigrants under section 201(c)''; and</DELETED>
                <DELETED>    (B) by striking ``classes specified in 
                paragraphs (1) and (2).'' and inserting ``class 
                specified in paragraph (2).''; and</DELETED>
        <DELETED>    (4) in paragraph (4)--</DELETED>
                <DELETED>    (A) by striking ``65,000,'' and inserting 
                ``40 percent of the worldwide level of family-sponsored 
                immigrants under section 201(c)''; and</DELETED>
                <DELETED>    (B) by striking ``classes specified in 
                paragraphs (1) through (3).'' and inserting ``class 
                specified in paragraph (3).''.</DELETED>
<DELETED>    (c) Termination of Registration.--Section 203(g) (8 U.S.C. 
1153(g)) is amended to read as follows:</DELETED>
<DELETED>    ``(g) Lists.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Termination of registration.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (d) Technical and Conforming Amendments.--</DELETED>
        <DELETED>    (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))''.</DELETED>
        <DELETED>    (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))''.</DELETED>
        <DELETED>    (3) Rules for determining whether certain aliens 
        are immediate relatives.--Section 201(f) (8 U.S.C. 1151(f)) is 
        amended--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking 
                ``paragraphs (2) and (3),'' and inserting ``paragraph 
                (2),'';</DELETED>
                <DELETED>    (B) by striking paragraph (2);</DELETED>
                <DELETED>    (C) by redesignating paragraphs (3) and 
                (4) as paragraphs (2) and (3), respectively; 
                and</DELETED>
                <DELETED>    (D) in paragraph (3), as redesignated by 
                subparagraph (C), by striking ``through (3)'' and 
                inserting ``and (2)''.</DELETED>
        <DELETED>    (4) Numerical limitation to any single foreign 
        state.--Section 202 (8 U.S.C. 1152) is amended--</DELETED>
                <DELETED>    (A) in subsection (a)(4)--</DELETED>
                        <DELETED>    (i) by striking subparagraphs (A) 
                        and (B);</DELETED>
                        <DELETED>    (ii) by redesignating 
                        subparagraphs (C) and (D) as subparagraphs (A) 
                        and (B), respectively; and</DELETED>
                        <DELETED>    (iii) in subparagraph (A), as 
                        redesignated by clause (ii), by striking 
                        ``section 203(a)(2)(B)'' and inserting 
                        ``section 203(a)(2)''; and</DELETED>
                <DELETED>    (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)''.</DELETED>
        <DELETED>    (5) Allocation of immigrant visas.--Section 203(h) 
        (8 U.S.C. 1153(h)) is amended--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) in the matter preceding 
                        subparagraph (A), by striking ``subsections 
                        (a)(2)(A) and (d)'' and inserting ``subsection 
                        (d)'';</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (iii) in subparagraph (B), by 
                        striking ``applicable'';</DELETED>
                <DELETED>    (B) by amending paragraph (2) to read as 
                follows:</DELETED>
        <DELETED>    ``(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</DELETED>
                <DELETED>    (C) by amending paragraph (3) to read as 
                follows:</DELETED>
        <DELETED>    ``(3) Retention of priority date.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (6) Procedure for granting immigrant status.--
        Section 204 (8 U.S.C. 1154) is amended--</DELETED>
                <DELETED>    (A) in subsection (a)(1)--</DELETED>
                        <DELETED>    (i) in subparagraph (A)--
                        </DELETED>
                                <DELETED>    (I) in clause (i), by 
                                inserting ``or alien lawfully admitted 
                                for permanent residence'' after 
                                ``citizen of the United 
                                States'';</DELETED>
                                <DELETED>    (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)'';</DELETED>
                                <DELETED>    (III) in clause (iii)--
                                </DELETED>
                                        <DELETED>    (aa) in subclause 
                                        (I)(aa), by striking ``United 
                                        States citizen'' and inserting 
                                        ``citizen of the United States 
                                        or lawful permanent resident''; 
                                        and</DELETED>
                                        <DELETED>    (bb) in subclause 
                                        (II)(aa)--</DELETED>

                                                <DELETED>    (AA) in 
                                                subitem (AA), by 
                                                striking the semicolon 
                                                at the end and 
                                                inserting ``or lawful 
                                                permanent 
                                                resident;'';</DELETED>

                                                <DELETED>    (BB) in 
                                                subitem (BB)--
                                                </DELETED>

                                                <DELETED>    (cc) by 
                                                inserting ``or lawful 
                                                permanent resident'' 
                                                after ``a citizen of 
                                                the United States''; 
                                                and</DELETED>

                                                <DELETED>    (dd) by 
                                                striking ``States;'' 
                                                and inserting ``States 
                                                or lawful permanent 
                                                resident;''; 
                                                and</DELETED>

<DELETED>    (CC) by amending subitem (CC) to read as 
follows:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(aaa) whose spouse died within the past 
                2 years;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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;'';</DELETED>
                                <DELETED>    (IV) in clause (iv), by 
                                inserting ``or lawful permanent 
                                resident'' after ``citizen'' each place 
                                that term appears;</DELETED>
                                <DELETED>    (V) in clause (v)(I), by 
                                inserting ``or lawful permanent 
                                resident'' after ``citizen''; 
                                and</DELETED>
                                <DELETED>    (VI) in clause (vi)--
                                </DELETED>
                                        <DELETED>    (aa) by striking 
                                        ``citizenship,'' and inserting 
                                        ``citizenship or lawful 
                                        permanent resident status,''; 
                                        and</DELETED>
                                        <DELETED>    (bb) by inserting 
                                        ``or lawful permanent 
                                        resident'' after ``abuser's 
                                        citizenship'';</DELETED>
                        <DELETED>    (ii) by striking subparagraph 
                        (B);</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (iv) in subparagraph (J), by 
                        striking ``or clause (ii) or (iii) of 
                        subparagraph (B)'';</DELETED>
                <DELETED>    (B) in subsection (a), by striking 
                paragraph (2);</DELETED>
                <DELETED>    (C) in subsection (c)(1), by striking ``or 
                preference status''; and</DELETED>
                <DELETED>    (D) in subsection (h), by striking ``or a 
                petition filed under subsection 
                (a)(1)(B)(ii)''.</DELETED>
        <DELETED>    (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))''.</DELETED>
        <DELETED>    (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)).''.</DELETED>
        <DELETED>    (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))''.</DELETED>
        <DELETED>    (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))''.</DELETED>
        <DELETED>    (11) Adjustment of status.--Section 245(a) (8 
        U.S.C. 1255(a)) is amended to read as follows:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(A) the alien makes an application for such 
        adjustment;</DELETED>
        <DELETED>    ``(B) the alien is eligible to receive an 
        immigrant visa and is admissible to the United States for 
        permanent residence; and</DELETED>
        <DELETED>    ``(C) subject to paragraph (2), an immigrant visa 
        is immediately available to the alien at the time the alien's 
        application is filed.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (e) Effective Date.--The amendments made by this section 
shall take effect on the date of the enactment of this Act.</DELETED>

<DELETED>SEC. 2306. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN 
              STATES.</DELETED>

<DELETED>    (a) Numerical Limitation to Any Single Foreign State.--
Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is amended--</DELETED>
        <DELETED>    (1) in the paragraph heading, by striking ``AND 
        employment-based'';</DELETED>
        <DELETED>    (2) by striking ``(3), (4), and (5),'' and 
        inserting ``(3) and (4),'';</DELETED>
        <DELETED>    (3) by striking ``subsections (a) and (b) of 
        section 203'' and inserting ``section 203(a)'';</DELETED>
        <DELETED>    (4) by striking ``7'' and inserting ``15''; 
        and</DELETED>
        <DELETED>    (5) by striking ``such subsections'' and inserting 
        ``such section''.</DELETED>
<DELETED>    (b) Conforming Amendments.--Section 202 (8 U.S.C. 1152) is 
amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (3), by striking ``both 
                subsections (a) and (b) of section 203'' and inserting 
                ``section 203(a)''; and</DELETED>
                <DELETED>    (B) by striking paragraph (5); 
                and</DELETED>
        <DELETED>    (2) by amending subsection (e) to read as 
        follows:</DELETED>
<DELETED>    ``(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).''.</DELETED>
<DELETED>    (c) Country-specific Offset.--Section 2 of the Chinese 
Student Protection Act of 1992 (8 U.S.C. 1255 note) is amended--
</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``subsection 
        (e))'' and inserting ``subsection (d))''; and</DELETED>
        <DELETED>    (2) by striking subsection (d) and redesignating 
        subsection (e) as subsection (d).</DELETED>
<DELETED>    (d) Effective Date.--The amendments made by this section 
shall take effect 1 year after the date of the enactment of this 
Act.</DELETED>

<DELETED>SEC. 2307. ALLOCATION OF IMMIGRANT VISAS.</DELETED>

<DELETED>    (a) Preference Allocation for Family-based Immigrants.--
</DELETED>
        <DELETED>    (1) In general.--Section 203(a) (8 U.S.C. 1153(a)) 
        is amended to read as follows:</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(1) Sons and daughters of citizens.--Qualified 
        immigrants who are--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the number of visas not 
                        required for the class specified in paragraph 
                        (2) for the current fiscal year; and</DELETED>
                        <DELETED>    ``(ii) the number of visas not 
                        required for the class specified in 
                        subparagraph (B); or</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).''.</DELETED>
        <DELETED>    (2) Conforming amendments.--</DELETED>
                <DELETED>    (A) Procedure for granting immigrant 
                status.--Section 204 (8 U.S.C. 1154) is amended--
                </DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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)''.</DELETED>
                <DELETED>    (B) Automatic conversion.--For the 
                purposes of any petition pending or approved based on a 
                relationship described--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
                <DELETED>    ``(F) Derivative beneficiaries as 
                described in section 203(d) of employment-based 
                immigrants under section 203(b).</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the achievements of such 
                        alien have been recognized in the field through 
                        extensive documentation;</DELETED>
                        <DELETED>    ``(ii) such alien seeks to enter 
                        the United States to continue work in the area 
                        of extraordinary ability; and</DELETED>
                        <DELETED>    ``(iii) the entry of such alien 
                        into the United States will substantially 
                        benefit prospectively the United 
                        States.</DELETED>
                <DELETED>    ``(H) Aliens who are outstanding 
                professors and researchers if, with respect to any such 
                alien--</DELETED>
                        <DELETED>    ``(i) the alien is recognized 
                        internationally as outstanding in a specific 
                        academic area;</DELETED>
                        <DELETED>    ``(ii) the alien has at least 3 
                        years of experience in teaching or research in 
                        the academic area; and</DELETED>
                        <DELETED>    ``(iii) the alien seeks to enter 
                        the United States--</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(I) Aliens who are multinational 
                executives and managers if, with respect to any such 
                alien--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(J) Aliens who have earned a doctorate 
                degree.</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Technical and Conforming Amendments.--</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (2) Treatment of derivative family members.--
        Section 203(d) (8 U.S.C. 1153(d)) is amended to read as 
        follows:</DELETED>
<DELETED>    ``(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.''.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) in the matter preceding paragraph (1), 
                by striking ``Aliens'' and inserting ``Other than 
                aliens described in paragraph (1) or (2)(B), 
                aliens'';</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) by amending (2) to read as 
                follows:</DELETED>
        <DELETED>    ``(2) Aliens who are members of the professions 
        holding advanced degrees or advanced degrees in a stem field.--
        </DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Advanced degrees in a stem field.--
                </DELETED>
                        <DELETED>    ``(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--
                        </DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(II) has an offer of 
                                employment from a United States 
                                employer in a field related to such 
                                degree; and</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) United states doctoral 
                        institution of higher education.--In this 
                        subparagraph, the term `United States doctoral 
                        institution of higher education' means an 
                        institution that--</DELETED>
                                <DELETED>    ``(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)));</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Waiver of job offer.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Physicians working in 
                        shortage areas or veterans facilities.--
                        </DELETED>
                                <DELETED>    ``(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--
                                </DELETED>
                                        <DELETED>    ``(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</DELETED>
                                        <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(II) Prohibition.--
                                </DELETED>
                                        <DELETED>    ``(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).</DELETED>
                                        <DELETED>    ``(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.</DELETED>
                                        <DELETED>    ``(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.</DELETED>
                                        <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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).''.</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    ``(D) Application of grounds.--</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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).''.</DELETED>
        <DELETED>    (5) Skilled workers, professionals, and other 
        workers.--</DELETED>
                <DELETED>    (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),''.</DELETED>
                <DELETED>    (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,''.</DELETED>
                <DELETED>    (C) Repeal of limitation on other 
                workers.--Section 203(b)(3) (8 U.S.C. 1153(b)(3)) is 
                amended--</DELETED>
                        <DELETED>    (i) by striking subparagraph (B); 
                        and</DELETED>
                        <DELETED>    (ii) redesignated subparagraph (C) 
                        as subparagraph (B).</DELETED>
        <DELETED>    (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),''.</DELETED>
        <DELETED>    (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),''.</DELETED>

<DELETED>SEC. 2308. V NONIMMIGRANT VISAS.</DELETED>

<DELETED>    (a) Nonimmigrant Eligibility.--Subparagraph (V) of section 
101(a)(15) (8 U.S.C. 1101(a)(15)) is amended to read as 
follows:</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(I) the unmarried son or 
                        unmarried daughter of a citizen of the United 
                        States;</DELETED>
                        <DELETED>    ``(II) the unmarried son or 
                        unmarried daughter of an alien lawfully 
                        admitted for permanent residence; or</DELETED>
                        <DELETED>    ``(III) the married son or married 
                        daughter of a citizen of the United States and 
                        who is under 31 years of age; or</DELETED>
                <DELETED>    ``(ii) subject to section 214(q)(2), an 
                alien who is--</DELETED>
                        <DELETED>    ``(I) the sibling of a citizen of 
                        the United States; or</DELETED>
                        <DELETED>    ``(II) the married son or married 
                        daughter of a citizen of the United States and 
                        who is over 31 years of age.''.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(q) Nonimmigrants Described in Section 101(a)(15)(V).--
</DELETED>
        <DELETED>    ``(1) Certain sons and daughters.--</DELETED>
                <DELETED>    ``(A) Employment authorization.--The 
                Secretary shall--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) provide such a nonimmigrant 
                        with an `employment authorized' endorsement or 
                        other appropriate document signifying 
                        authorization of employment.</DELETED>
                <DELETED>    ``(B) Termination of admission.--The 
                period of authorized admission for such a nonimmigrant 
                shall terminate 30 days after the date on which--
                </DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) such nonimmigrant's 
                        application for adjustment of status under 
                        section 245 pursuant to the approval of such a 
                        petition is denied.</DELETED>
        <DELETED>    ``(2) Siblings and sons and daughters of 
        citizens.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Period of admission.--The period of 
                authorized admission as such a nonimmigrant may not 
                exceed 60 days per fiscal year.</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) not entitled to the premium assistance tax 
        credit authorized under section 36B of the Internal Revenue 
        Code of 1986;</DELETED>
        <DELETED>    (2) shall be subject to the rules applicable to 
        individuals not lawfully present that are set forth in 
        subsection (e) of such section; and</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 2309. FIANCEE AND FIANCE CHILD STATUS 
              PROTECTION.</DELETED>

<DELETED>    (a) Definition.--Section 101(a)(15)(K) (8 U.S.C. 
1101(a)(15)(K)(i) is amended--</DELETED>
        <DELETED>    (1) in clause (i), by inserting ``or of an alien 
        lawfully admitted for permanent residence'' after 
        ``204(a)(1)(A)(viii)(I))'';</DELETED>
        <DELETED>    (2) in clause (ii), by inserting ``or of an alien 
        lawfully admitted for permanent residence'' after 
        ``204(a)(1)(A)(viii)(I))''; and</DELETED>
        <DELETED>    (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));''.</DELETED>
<DELETED>    (b) Adjustment of Status Authorized.--Section 214(d) (8 
U.S.C. 1184(d)) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (2) and (3) as 
        paragraphs (3) and (4), respectively; and</DELETED>
        <DELETED>    (2) in paragraph (1), by striking ``In the event'' 
        and all that follows through the end; and</DELETED>
        <DELETED>    (3) by inserting after paragraph (1) the 
        following:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Age Determination.--Section 245(d) (8 U.S.C. 1255(d)) 
is amended--</DELETED>
        <DELETED>    (1) by inserting ``(1)'' before ``The Attorney 
        General'' by striking ``The Attorney General'' and inserting 
        ``(1) The Secretary of Homeland Security'';</DELETED>
        <DELETED>    (2) in paragraph (1), as designated under 
        paragraph (1) of this subsection, by striking ``Attorney 
        General'' and inserting ``Secretary''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(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)).''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Technical and Conforming Amendments.--</DELETED>
        <DELETED>    (1) Definitions.--Section 101(a)(15)(K) (8 U.S.C. 
        1101(a)(15)(K)), as amended by subsection (a), if further 
        amended--</DELETED>
                <DELETED>    (A) in clause (ii), by striking ``section 
                201(b)(2)(A)(i)'' and inserting ``section 201(b)(2)''; 
                and</DELETED>
                <DELETED>    (B) in clause (iii), by striking ``section 
                201(b)(2)(A)(i)'' and inserting ``section 
                201(b)(2)''.</DELETED>
        <DELETED>    (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)''.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 2310. EQUAL TREATMENT FOR ALL STEPCHILDREN.</DELETED>

<DELETED>    Section 101(b)(1)(B) (8 U.S.C. 1101(b)(1)(B)) is amended 
by striking ``eighteen years'' and inserting ``21 years''.</DELETED>

<DELETED>SEC. 2311. INTERNATIONAL ADOPTION HARMONIZATION.</DELETED>

<DELETED>    (a) Modification of Adoption Age Requirements.--Section 
101(b)(1) (8 U.S.C. 1101(b)(1)) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (E)--</DELETED>
                <DELETED>    (A) by striking ``(E)(i)'' and inserting 
                ``(E)'';</DELETED>
                <DELETED>    (B) by striking ``sixteen'' and inserting 
                ``18'';</DELETED>
                <DELETED>    (C) by striking ``; or'' and inserting a 
                semicolon; and</DELETED>
                <DELETED>    (D) by striking clause (ii);</DELETED>
        <DELETED>    (2) in subparagraph (F)--</DELETED>
                <DELETED>    (A) by striking ``(F)(i)'' and inserting 
                ``(F)'';</DELETED>
                <DELETED>    (B) by striking ``sixteen'' and inserting 
                ``18'';</DELETED>
                <DELETED>    (C) by striking ``Attorney General'' and 
                inserting ``Secretary of Homeland Security''; 
                and</DELETED>
                <DELETED>    (D) by striking clause (ii); and</DELETED>
        <DELETED>    (3) in subparagraph (G), by striking ``16'' and 
        inserting ``18''.</DELETED>
<DELETED>    (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),''.</DELETED>

<DELETED>SEC. 2312. RELIEF FOR ORPHANS, WIDOWS, AND WIDOWERS.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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)).</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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)).</DELETED>
<DELETED>    (b) Processing of Immigrant Visas and Derivative 
Petitions.--</DELETED>
        <DELETED>    (1) In general.--Section 204(b) (8 U.S.C. 1154(b)) 
        is amended--</DELETED>
                <DELETED>    (A) by striking ``After an investigation'' 
                and inserting ``(1) After an investigation''; 
                and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(B) An alien described in this subparagraph is an alien 
who--</DELETED>
        <DELETED>    ``(i) is an immediate relative (as described in 
        section 201(b)(2)(A));</DELETED>
        <DELETED>    ``(ii) is a family-sponsored immigrant (as 
        described in subsection (a) or (d) of section 203);</DELETED>
        <DELETED>    ``(iii) is a derivative beneficiary of an 
        employment-based immigrant under section 203(b) (as described 
        in section 203(d)); or</DELETED>
        <DELETED>    ``(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)).''.</DELETED>
        <DELETED>    (2) Transition period.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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),''.</DELETED>
<DELETED>    (d) Waivers of Inadmissibility.--Section 212 (8 U.S.C. 
1182) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (e) Surviving Relative Consideration for Certain Petitions 
and Applications.--Section 204(l)(1) (8 U.S.C. 1154(l)(1)) is amended--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) by striking ``related applications,'' and 
        inserting ``related applications (including affidavits of 
        support),''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (g) Family-sponsored Immigrants.--Section 212(a)(4)(C)(i) 
(8 U.S.C. 1182(a)(4)(C)(i)) is amended--</DELETED>
        <DELETED>    (1) in subclause (I), by striking ``, or'' and 
        inserting a semicolon;</DELETED>
        <DELETED>    (2) in subclause (II), by striking ``or'' at the 
        end; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                                <DELETED>    ``(IV) the status as a 
                                surviving relative under 204(l); 
                                or''.</DELETED>

<DELETED>SEC. 2313. DISCRETIONARY AUTHORITY WITH RESPECT TO REMOVAL, 
              DEPORTATION OR INADMISSIBILITY OF CITIZEN AND RESIDENT 
              IMMEDIATE FAMILY MEMBERS.</DELETED>

<DELETED>    (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:</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) is described in--</DELETED>
                                <DELETED>    ``(I) subparagraph (B), 
                                (C), (D)(ii), (E), (H), (I), or (J) of 
                                section 212(a)(2);</DELETED>
                                <DELETED>    ``(II) section 
                                212(a)(3);</DELETED>
                                <DELETED>    ``(III) subparagraph (A), 
                                (C), or (D) of section 212(a)(10); 
                                or</DELETED>
                                <DELETED>    ``(IV) paragraph 
                                (2)(A)(ii), (2)(A)(v), (2)(F), (4), or 
                                (6) of section 237(a); or</DELETED>
                        <DELETED>    ``(ii) has--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(II) a felony conviction 
                                described in section 101(a)(43) that 
                                would have been classified as an 
                                aggravated felony at the time of 
                                conviction.''.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) is described in--</DELETED>
                <DELETED>    ``(A) subparagraph (B), (C), (D)(ii), (E), 
                (H), (I), of subsection (a)(2);</DELETED>
                <DELETED>    ``(B) subsection (a)(3);</DELETED>
                <DELETED>    ``(C) subparagraph (A), (C), or (D) of 
                subsection (a)(10);</DELETED>
                <DELETED>    ``(D) paragraphs (2)(A)(ii), (2)(A)(v), 
                (2)(F), or (6) of section 237(a); or</DELETED>
                <DELETED>    ``(E) section 240(c)(4)(D)(ii)(II); 
                or</DELETED>
        <DELETED>    ``(2) has--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) a felony conviction described in 
                section 101(a)(43) that would have been classified as 
                an aggravated felony at the time of 
                conviction.''.</DELETED>
<DELETED>    (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.''.</DELETED>

<DELETED>SEC. 2314. WAIVERS OF INADMISSIBILITY.</DELETED>

<DELETED>    (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:</DELETED>
                                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Aliens Unlawfully Present.--Section 212(a)(9)(B)(v) (8 
U.S.C. 1181(a)(9)(B)(v) is amended--</DELETED>
        <DELETED>    (1) by striking ``spouse or son or daughter'' and 
        inserting ``spouse, son, daughter, or parent''; and</DELETED>
        <DELETED>    (2) by striking ``extreme''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (d) False Claims.--</DELETED>
        <DELETED>    (1) Inadmissibility.--</DELETED>
                <DELETED>    (A) In general.--Section 212(a)(6)(C) (8 
                U.S.C. 1182(a)(6)(C)) is amended to read as 
                follows:</DELETED>
                <DELETED>    ``(C) Misrepresentation.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Falsely claiming 
                        citizenship.--</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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--</DELETED>
                                        <DELETED>    ``(aa) was under 
                                        18 years of age; or</DELETED>
                                        <DELETED>    ``(bb) otherwise 
                                        lacked the mental competence to 
                                        knowingly misrepresent a claim 
                                        of United States 
                                        citizenship.</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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)).</DELETED>
                        <DELETED>    ``(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).''.</DELETED>
                <DELETED>    (B) Conforming amendment.--Section 212 (8 
                U.S.C. 1182) is amended by striking subsection 
                (i).</DELETED>
        <DELETED>    (2) Deportability.--Section 237(a)(3)(D) (8 U.S.C. 
        1227(a)(3)(D)) is amended to read as follows:</DELETED>
                <DELETED>    ``(D) Falsely claiming citizenship.--Any 
                alien described in section 212(a)(6)(C)(ii) is 
                deportable.''.</DELETED>

<DELETED>SEC. 2315. CONTINUOUS PRESENCE.</DELETED>

<DELETED>    Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) is amended to 
read as follows:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 2316. GLOBAL HEALTH CARE COOPERATION.</DELETED>

<DELETED>    (a) Temporary Absence of Aliens Providing Health Care in 
Developing Countries.--</DELETED>
        <DELETED>    (1) In general.--Title III (8 U.S.C. 1401 et seq.) 
        is amended by inserting after section 317 the 
        following:</DELETED>

<DELETED>``SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTH CARE 
              IN DEVELOPING COUNTRIES.</DELETED>

<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) to be physically present and residing in the 
        United States for purposes of naturalization under section 
        316(a); and</DELETED>
        <DELETED>    ``(2) to meet the continuous residency 
        requirements under section 316(b).</DELETED>
<DELETED>    ``(b) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Candidate country.--The term `candidate 
        country' means a country that the Secretary of State determines 
        to be--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) qualified to be a candidate country 
                due to special circumstances, including natural 
                disasters or public health emergencies.</DELETED>
        <DELETED>    ``(2) Eligible alien.--The term `eligible alien' 
        means an alien who--</DELETED>
                <DELETED>    ``(A) has been lawfully admitted to the 
                United States for permanent residence; and</DELETED>
                <DELETED>    ``(B) is a physician or other healthcare 
                worker.</DELETED>
<DELETED>    ``(c) Consultation.--The Secretary of Homeland Security 
shall consult with the Secretary of State in carrying out this 
section.</DELETED>
<DELETED>    ``(d) Publication.--The Secretary of State shall publish--
</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) an updated version of the list required by 
        paragraph (1) not less often than once each year; and</DELETED>
        <DELETED>    ``(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).''.</DELETED>
        <DELETED>    (2) Rulemaking.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Content.--The regulations promulgated 
                pursuant to subparagraph (A) shall--</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Technical and conforming amendments.--
        </DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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),''.</DELETED>
                <DELETED>    (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,''.</DELETED>
        <DELETED>    (4) Clerical amendment.--The table of contents of 
        such Act is amended by inserting after the item relating to 
        section 317 the following:</DELETED>

<DELETED>``Sec. 317A. Temporary absence of aliens providing health care 
                            in developing countries.''.
<DELETED>    (b) Attestation by Health Care Workers.--</DELETED>
        <DELETED>    (1) Attestation requirement.--Section 212(a)(5) (8 
        U.S.C. 1182(a)(5)) is amended by adding at the end the 
        following:</DELETED>
                <DELETED>    ``(E) Health care workers with other 
                obligations.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iii) Waiver.--The Secretary of 
                        Homeland Security may waive a finding of 
                        inadmissibility under clause (i) if the 
                        Secretary determines that--</DELETED>
                                <DELETED>    ``(I) the obligation was 
                                incurred by coercion or other improper 
                                means;</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 2317. EXTENSION AND IMPROVEMENT OF THE IRAQI SPECIAL 
              IMMIGRANT VISA PROGRAM.</DELETED>

<DELETED>    The Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 
note) is amended--</DELETED>
        <DELETED>    (1) in section 1242, by amended subsection (c) to 
        read as follows:</DELETED>
<DELETED>    ``(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</DELETED>
        <DELETED>    (2) in section 1244--</DELETED>
                <DELETED>    (A) subsection (b)--</DELETED>
                        <DELETED>    (i) in paragraph (1)--</DELETED>
                                <DELETED>    (I) by amending 
                                subparagraph (B) to read as 
                                follows:</DELETED>
                <DELETED>    ``(B) was or is employed in Iraq on or 
                after March 20, 2003, for not less than 1 year, by, or 
                on behalf of--</DELETED>
                        <DELETED>    ``(i) the United States 
                        Government;</DELETED>
                        <DELETED>    ``(ii) a media or nongovernmental 
                        organization headquartered in the United 
                        States; or</DELETED>
                        <DELETED>    ``(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;'';</DELETED>
                                <DELETED>    (II) in subparagraph (C), 
                                by striking ``United States 
                                Government'' and inserting ``an entity 
                                or organization described in 
                                subparagraph (B)''; and</DELETED>
                                <DELETED>    (III) in subparagraph (D), 
                                by striking by striking ``United States 
                                Government.'' and inserting ``such 
                                entity or organization.'';</DELETED>
                        <DELETED>    (ii) in paragraph (4)--</DELETED>
                                <DELETED>    (I) by striking ``A 
                                recommendation'' and inserting the 
                                following:</DELETED>
                <DELETED>    ``(A) In general.--Except as provided 
                under subparagraph (B), a recommendation'';</DELETED>
                                <DELETED>    (II) by striking ``United 
                                States Government prior'' and inserting 
                                ``an entity or organization described 
                                in paragraph (1)(B) prior''; 
                                and</DELETED>
                                <DELETED>    (III) by adding at the end 
                                the following:</DELETED>
                <DELETED>    ``(B) Review process for denial by chief 
                of mission.--</DELETED>
                        <DELETED>    ``(i) In general.--An applicant 
                        who has been denied Chief of Mission approval 
                        required by subparagraph (A) shall--</DELETED>
                                <DELETED>    ``(I) receive a written 
                                decision; and</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) sufficiently high 
                                security clearance to review Chief of 
                                Mission denials in cases that appear to 
                                have relied upon insufficient or 
                                incorrect information; and</DELETED>
                                <DELETED>    ``(II) responsibility for 
                                ensuring that an applicant described in 
                                clause (i) receives the information 
                                described in clause (i)(I).''; 
                                and</DELETED>
                <DELETED>    (B) in subsection (c)(3), by adding at the 
                end the following:</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    (3) in section 1248, by adding at the end the 
        following:</DELETED>
<DELETED>    ``(f) Report on Improvements.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the Committee on the Judiciary of 
                the Senate;</DELETED>
                <DELETED>    ``(B) the Committee on Foreign Relations 
                of the Senate;</DELETED>
                <DELETED>    ``(C) the Committee on the Judiciary of 
                the House of Representatives; and</DELETED>
                <DELETED>    ``(D) the Committee on Foreign Affairs of 
                the House of Representatives.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) enhancing existing systems for 
                conducting background and security checks of persons 
                applying for special immigrant status, which shall--
                </DELETED>
                        <DELETED>    ``(i) support immigration 
                        security; and</DELETED>
                        <DELETED>    ``(ii) provide for the orderly 
                        processing of such applications without 
                        delay;</DELETED>
                <DELETED>    ``(B) the financial, security, and 
                personnel considerations and resources necessary to 
                carry out this subtitle;</DELETED>
                <DELETED>    ``(C) the number of aliens who have 
                applied for special immigrant visas under section 1244 
                during each month of the preceding fiscal 
                year;</DELETED>
                <DELETED>    ``(D) the reasons for the failure to 
                expeditiously process any applications that have been 
                pending for longer than 9 months;</DELETED>
                <DELETED>    ``(E) the total number of applications 
                that are pending due to the failure--</DELETED>
                        <DELETED>    ``(i) to receive approval from the 
                        Chief of Mission;</DELETED>
                        <DELETED>    ``(ii) for U.S. Citizenship and 
                        Immigration Services to complete the 
                        adjudication of the Form I-360;</DELETED>
                        <DELETED>    ``(iii) to conduct a visa 
                        interview; or</DELETED>
                        <DELETED>    ``(iv) to issue the visa to an 
                        eligible alien;</DELETED>
                <DELETED>    ``(F) the average wait times for an 
                applicant at each of the stages described in 
                subparagraph (E);</DELETED>
                <DELETED>    ``(G) the number of denials or rejections 
                at each of the stages described in subparagraph (E); 
                and</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 2318. EXTENSION AND IMPROVEMENT OF THE AFGHAN SPECIAL 
              IMMIGRANT VISA PROGRAM.</DELETED>

<DELETED>    Section 602(b) of the Afghan Allies Protection Act of 2009 
(8 U.S.C. 1101 note) is amended--</DELETED>
        <DELETED>    (1) in paragraph (2)--</DELETED>
                <DELETED>    (A) in subparagraph (A)--</DELETED>
                        <DELETED>    (i) by amending clause (ii) to 
                        read as follows:</DELETED>
                        <DELETED>    ``(ii) was or is employed in 
                        Afghanistan on or after October 7, 2001, for 
                        not less than 1 year, by, or on behalf of--
                        </DELETED>
                                <DELETED>    ``(I) the United States 
                                Government;</DELETED>
                                <DELETED>    ``(II) a media or 
                                nongovernmental organization 
                                headquartered in the United States; 
                                or</DELETED>
                                <DELETED>    ``(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;'';</DELETED>
                        <DELETED>    (ii) in clause (iii), by striking 
                        ``United States Government'' and inserting ``an 
                        entity or organization described in clause 
                        (ii)''; and</DELETED>
                        <DELETED>    (iii) in clause (iv), by striking 
                        by striking ``United States Government.'' and 
                        inserting ``such entity or 
                        organization.'';</DELETED>
                <DELETED>    (B) by amending subparagraph (B) to read 
                as follows:</DELETED>
                <DELETED>    ``(B) Family members.--An alien is 
                described in this subparagraph if the alien is--
                </DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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</DELETED>
                <DELETED>    (C) in subparagraph (D)--</DELETED>
                        <DELETED>    (i) by striking ``A 
                        recommendation'' and inserting the 
                        following:</DELETED>
                        <DELETED>    ``(i) In general.--Except as 
                        provided under clause (ii), a 
                        recommendation'';</DELETED>
                        <DELETED>    (ii) by striking ``United States 
                        Government prior'' and inserting ``an entity or 
                        organization described in paragraph (2)(A)(ii) 
                        prior''; and</DELETED>
                        <DELETED>    (iii) by adding at the end the 
                        following:</DELETED>
                        <DELETED>    ``(ii) Review process for denial 
                        by chief of mission.--</DELETED>
                                <DELETED>    ``(I) In general.--An 
                                applicant who has been denied Chief of 
                                Mission approval shall--</DELETED>
                                        <DELETED>    ``(aa) receive a 
                                        written decision; and</DELETED>
                                        <DELETED>    ``(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..</DELETED>
                                <DELETED>    ``(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--</DELETED>
                                        <DELETED>    ``(aa) 
                                        sufficiently high security 
                                        clearance to review Chief of 
                                        Mission denials in cases that 
                                        appear to have relied upon 
                                        insufficient or incorrect 
                                        information; and</DELETED>
                                        <DELETED>    ``(bb) 
                                        responsibility for ensuring 
                                        that an applicant described in 
                                        subclause (I) receives the 
                                        information described in 
                                        subclause (I)(aa).'';</DELETED>
        <DELETED>    (2) in paragraph (3)(C), by amending clause (iii) 
        to read as follows:</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) 5,000;</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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.'';</DELETED>
        <DELETED>    (3) in paragraph (4)--</DELETED>
                <DELETED>    (A) in the heading, by striking 
                ``Prohibition on fees.--''and inserting ``Application 
                process.--'';</DELETED>
                <DELETED>    (B) by striking ``The Secretary'' and 
                inserting the following:</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Prohibition on fees.--The 
                Secretary''; and</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) enhancing existing systems for 
                conducting background and security checks of persons 
                applying for special immigrant status, which shall--
                </DELETED>
                        <DELETED>    ``(i) support immigration 
                        security; and</DELETED>
                        <DELETED>    ``(ii) provide for the orderly 
                        processing of such applications without 
                        delay;</DELETED>
                <DELETED>    ``(B) the financial, security, and 
                personnel considerations and resources necessary to 
                carry out this section;</DELETED>
                <DELETED>    ``(C) the number of aliens who have 
                applied for special immigrant visas under this 
                subsection during each month of the preceding fiscal 
                year;</DELETED>
                <DELETED>    ``(D) the reasons for the failure to 
                expeditiously process any applications that have been 
                pending for longer than 9 months;</DELETED>
                <DELETED>    ``(E) the total number of applications 
                that are pending due to the failure--</DELETED>
                        <DELETED>    ``(i) to receive approval from the 
                        Chief of Mission;</DELETED>
                        <DELETED>    ``(ii) for U.S. Citizenship and 
                        Immigration Services to complete the 
                        adjudication of the Form I-360;</DELETED>
                        <DELETED>    ``(iii) to conduct a visa 
                        interview; or</DELETED>
                        <DELETED>    ``(iv) to issue the visa to an 
                        eligible alien;</DELETED>
                <DELETED>    ``(F) the average wait times for an 
                applicant at each of the stages described in 
                subparagraph (E);</DELETED>
                <DELETED>    ``(G) the number of denials or rejections 
                at each of the stages described in subparagraph (E); 
                and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 2319. ELIMINATION OF SUNSETS FOR CERTAIN VISA 
              PROGRAMS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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''.</DELETED>

  <DELETED>Subtitle D--Conrad State 30 and Physician Access</DELETED>

<DELETED>SEC. 2401. CONRAD STATE 30 PROGRAM.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>SEC. 2402. RETAINING PHYSICIANS WHO HAVE PRACTICED IN 
              MEDICALLY UNDERSERVED COMMUNITIES.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(ii) Nothing in this subparagraph may be 
        construed--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 2403. EMPLOYMENT PROTECTIONS FOR PHYSICIANS.</DELETED>

<DELETED>    (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:</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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''.</DELETED>
<DELETED>    (b) Contract Requirements.--Section 214(l) (8 U.S.C. 
1184(l)) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(D) does not include a non-compete 
        provision.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(B) shall be considered to be maintaining lawful 
        status in an authorized stay during the 120-day period referred 
        to in subsection (A).''.</DELETED>

<DELETED>SEC. 2404. ALLOTMENT OF CONRAD 30 WAIVERS.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(i) the number of waivers allotted shall be 
        decreased by 5 for all States beginning in the next fiscal 
        year; and</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Academic Medical Centers.--Section 214(l)(1)(D) (8 
U.S.C. 1184(l)(1)(D)) is amended--</DELETED>
        <DELETED>    (1) in clause (ii), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (2) in clause (iii), by striking the period at the 
        end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                <DELETED>    ``(iv) in the case of a request by an 
                interested State agency--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(II) the head of such agency 
                        determines that--</DELETED>
                                <DELETED>    ``(aa) the alien 
                                physician's work is in the public 
                                interest; and</DELETED>
                                <DELETED>    ``(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.''.</DELETED>

SEC. 2405. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER 
              PROVISIONS RELATED TO PHYSICIAN IMMIGRATION.

<DELETED>    (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))''.</DELETED>
<DELETED>    (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.''.</DELETED>
<DELETED>    (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:</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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)).</DELETED>

               <DELETED>Subtitle E--Integration</DELETED>

<DELETED>SEC. 2501. DEFINITIONS.</DELETED>

<DELETED>    In this subtitle:</DELETED>
        <DELETED>    (1) Chief.--The term ``Chief'' means the Chief of 
        the Office.</DELETED>
        <DELETED>    (2) Foundation.--The term ``Foundation'' means the 
        United States Citizenship Foundation established pursuant to 
        section 2531.</DELETED>
        <DELETED>    (3) IEACA grants.--The term ``IEACA grants'' means 
        Initial Entry, Adjustment, and Citizenship Assistance grants 
        authorized under section 2537.</DELETED>
        <DELETED>    (4) Immigrant integration.--The term ``immigrant 
        integration'' means the process by which immigrants--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) attain financial self-sufficiency and 
                upward economic mobility for themselves and their 
                family members; and</DELETED>
                <DELETED>    (C) acquire English language skills and 
                related cultural knowledge necessary to effectively 
                participate in their community.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (6) Office.--The term ``Office'' means the Office 
        of Citizenship and New Americans established in U.S. 
        Citizenship and Immigration Services under section 
        2511.</DELETED>
        <DELETED>    (7) Receiving communities.--The term ``receiving 
        communities'' means the long-term residents of the communities 
        in which immigrants settle.</DELETED>
        <DELETED>    (8) Task force.--The term ``Task Force'' means the 
        Task Force on New Americans established pursuant to section 
        2521.</DELETED>
        <DELETED>    (9) USCF council.--The term ``USCF Council'' means 
        the Council of Directors of the Foundation.</DELETED>

      <DELETED>CHAPTER 1--CITIZENSHIP AND NEW AMERICANS</DELETED>

         <DELETED>Subchapter A--Office of Citizenship and New 
                          Americans</DELETED>

<DELETED>SEC. 2511. OFFICE OF CITIZENSHIP AND NEW AMERICANS.</DELETED>

<DELETED>    (a) Renaming Office of Citizenship.--</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Technical and conforming amendments.--Section 
        451 of the Homeland Security Act of 2002 (6 U.S.C. 271) is 
        amended--</DELETED>
                <DELETED>    (A) in the section heading, by striking 
                ``bureau of'' and inserting ``u.s.'';</DELETED>
                <DELETED>    (B) in subsection (a)(1), by striking 
                ``the 'Bureau of'' and inserting ``'U.S.'';</DELETED>
                <DELETED>    (C) by striking ``the Bureau of'' each 
                place such terms appears and inserting ``U.S.''; 
                and</DELETED>
                <DELETED>    (D) in subsection (f)--</DELETED>
                        <DELETED>    (i) by amending the subsection 
                        heading to read as follows: ``Office of 
                        Citizenship and New Americans''; and</DELETED>
                        <DELETED>    (ii) by striking paragraph (1) and 
                        inserting the following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    ``(2) Functions.--The Chief of the Office of 
        Citizenship and New Americans shall--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) provide general leadership, 
                consultation, and coordination of the immigrant 
                integration programs across the Federal Government and 
                with State and local entities;</DELETED>
                <DELETED>    ``(C) advise the Director of U.S. 
                Citizenship and Immigration Services, the Secretary of 
                Homeland Security, and the Domestic Policy Council on--
                </DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) immigrant integration 
                        considerations relating to Federal 
                        budgets;</DELETED>
                <DELETED>    ``(D) establish national goals for 
                introducing new immigrants into the United States and 
                measure the degree to which such goals are 
                met;</DELETED>
                <DELETED>    ``(E) evaluate the scale, quality, and 
                effectiveness of Federal Government efforts in 
                immigrant integration and provide advice on appropriate 
                actions;</DELETED>
                <DELETED>    ``(F) identify the integration 
                implications of new or proposed immigration policies 
                and provide recommendations for addressing such 
                implications;</DELETED>
                <DELETED>    ``(G) continue the efforts of the Task 
                Force on New Americans established by Executive Order 
                13404 (71 Fed. Reg. 33593);</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) introducing immigrants into 
                        the United States; and</DELETED>
                        <DELETED>    ``(ii) promoting citizenship 
                        education and awareness among aliens interested 
                        in becoming naturalized citizens of the United 
                        States;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(K) submit a biennial report to the 
                appropriate congressional committees that describes the 
                activities of the Office of Citizenship and New 
                Americans; and</DELETED>
                <DELETED>    ``(L) carry out such other functions and 
                activities as Secretary may assign.''.</DELETED>
<DELETED>    (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.</DELETED>

      <DELETED>Subchapter B--Task Force on New Americans</DELETED>

<DELETED>SEC. 2521. ESTABLISHMENT.</DELETED>

<DELETED>    (a) In General.--The Secretary shall establish a Task 
Force on New Americans.</DELETED>
<DELETED>    (b) Fully Functional.--The Task Force shall be fully 
functional not later than 18 months after the date of the enactment of 
this Act.</DELETED>

<DELETED>SEC. 2522. PURPOSE.</DELETED>

<DELETED>    The purposes of the Task Force are--</DELETED>
        <DELETED>    (1) to establish a coordinated Federal program and 
        policy response to immigrant integration issues; and</DELETED>
        <DELETED>    (2) to advise and assist the Secretary in 
        identifying and fostering policies to carry out the policies 
        and goals established under this chapter.</DELETED>

<DELETED>SEC. 2523. MEMBERSHIP.</DELETED>

<DELETED>    (a) In General.--The Task Force shall be comprised of--
</DELETED>
        <DELETED>    (1) the Secretary, who shall serve as Chair of the 
        Task Force;</DELETED>
        <DELETED>    (2) the Secretary of the Treasury;</DELETED>
        <DELETED>    (3) the Attorney General;</DELETED>
        <DELETED>    (4) the Secretary of Commerce;</DELETED>
        <DELETED>    (5) the Secretary of Labor;</DELETED>
        <DELETED>    (6) the Secretary of Health and Human 
        Services;</DELETED>
        <DELETED>    (7) the Secretary of Housing and Urban 
        Development;</DELETED>
        <DELETED>    (8) the Secretary of Transportation;</DELETED>
        <DELETED>    (9) the Secretary of Education;</DELETED>
        <DELETED>    (10) the Director of the Office of Management and 
        Budget;</DELETED>
        <DELETED>    (11) the Administrator of the Small Business 
        Administration;</DELETED>
        <DELETED>    (12) the Director of the Domestic Policy Council; 
        and</DELETED>
        <DELETED>    (13) the Director of the National Economic 
        Council.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 2524. FUNCTIONS.</DELETED>

<DELETED>    (a) Meetings; Functions.--The Task Force shall--</DELETED>
        <DELETED>    (1) meet at the call of the Chair; and</DELETED>
        <DELETED>    (2) perform such functions as the Secretary may 
        prescribe.</DELETED>
<DELETED>    (b) Coordinated Response.--The Task Force shall work with 
executive branch agencies--</DELETED>
        <DELETED>    (1) to provide a coordinated Federal response to 
        issues that impact the lives of new immigrants and receiving 
        communities, including--</DELETED>
                <DELETED>    (A) access to youth and adult education 
                programming;</DELETED>
                <DELETED>    (B) workforce training;</DELETED>
                <DELETED>    (C) health care policy;</DELETED>
                <DELETED>    (D) access to naturalization; 
                and</DELETED>
                <DELETED>    (E) community development challenges; 
                and</DELETED>
        <DELETED>    (2) to ensure that Federal programs and policies 
        adequately address such impacts.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) creating integration goals and 
        indicators;</DELETED>
        <DELETED>    (2) implementing the biannual consultation process 
        with the agency's State and local counterparts; and</DELETED>
        <DELETED>    (3) reporting on agency data collection, policy, 
        and program efforts relating to achieving the goals and 
        indicators referred to in paragraph (1).</DELETED>
<DELETED>    (d) Recommendations.--Not later than 18 months after the 
end of the period specified in section 2521(b), the Task Force shall--
</DELETED>
        <DELETED>    (1) provide recommendations to the Domestic Policy 
        Council and the Secretary on the effects of pending legislation 
        and executive branch policy proposals;</DELETED>
        <DELETED>    (2) suggest changes to Federal programs or 
        policies to address issues of special importance to new 
        immigrants and receiving communities;</DELETED>
        <DELETED>    (3) review and recommend changes to policies that 
        have a distinct impact on new immigrants and receiving 
        communities; and</DELETED>
        <DELETED>    (4) assist in the development of legislative and 
        policy proposals of special importance to new immigrants and 
        receiving communities.</DELETED>

        <DELETED>CHAPTER 2--PUBLIC-PRIVATE PARTNERSHIP</DELETED>

<DELETED>SEC. 2531. ESTABLISHMENT OF UNITED STATES CITIZENSHIP 
              FOUNDATION.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>SEC. 2532. FUNDING.</DELETED>

<DELETED>    (a) Gifts to Foundation.--In order to carry out the 
purposes set forth in section 2533, the Foundation may--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) engage in coordinated work with the 
        Department, including the Office and U.S. Citizenship and 
        Immigration Services; and</DELETED>
        <DELETED>    (3) accept, hold, administer, invest, and spend 
        any gift, devise, or bequest of real or personal property made 
        to the Foundation.</DELETED>
<DELETED>    (b) Gifts to Office of Citizenship and New Americans.--The 
Office may accept gifts from the Foundation to support the functions of 
the Office.</DELETED>

<DELETED>SEC. 2533. PURPOSES.</DELETED>

<DELETED>    The purposes of the Foundation are--</DELETED>
        <DELETED>    (1) to expand citizenship preparation programs for 
        permanent residents;</DELETED>
        <DELETED>    (2) to provide direct assistance for aliens 
        seeking provisional immigrant status, legal permanent resident 
        status, or naturalization as a United States citizen; 
        and</DELETED>
        <DELETED>    (3) to coordinate immigrant integration with State 
        and local entities.</DELETED>

<DELETED>SEC. 2534. AUTHORIZED ACTIVITIES.</DELETED>

<DELETED>    The Foundation shall carry out its purpose by--</DELETED>
        <DELETED>    (1) making United States citizenship instruction 
        and naturalization application services accessible to low-
        income and other underserved permanent resident 
        populations;</DELETED>
        <DELETED>    (2) developing, identifying, and sharing best 
        practices in United States citizenship preparation;</DELETED>
        <DELETED>    (3) supporting innovative and creative solutions 
        to barriers faced by those seeking naturalization;</DELETED>
        <DELETED>    (4) increasing the use of, and access to, 
        technology in United States citizenship preparation 
        programs;</DELETED>
        <DELETED>    (5) engaging receiving communities in the United 
        States citizenship and civic integration process;</DELETED>
        <DELETED>    (6) administering the New Citizens Award Program 
        to recognize, in each calendar year, not more than 10 United 
        States citizens who--</DELETED>
                <DELETED>    (A) have made outstanding contributions to 
                the United States; and</DELETED>
                <DELETED>    (B) have been naturalized during the 10-
                year period ending on the date of such 
                recognition;</DELETED>
        <DELETED>    (7) fostering public education and 
        awareness;</DELETED>
        <DELETED>    (8) coordinate its immigrant integration efforts 
        with the Office;</DELETED>
        <DELETED>    (9) awarding grants to eligible public or private 
        nonprofit organizations under section 2537.</DELETED>
        <DELETED>    (10) awarding grants to State and local 
        governments under section 2538.</DELETED>

<DELETED>SEC. 2535. COUNCIL OF DIRECTORS.</DELETED>

<DELETED>    (a) Members.--The Foundation shall have a Council of 
Directors, which shall be comprised of--</DELETED>
        <DELETED>    (1) the Director of U.S. Citizenship and 
        Immigration Services;</DELETED>
        <DELETED>    (2) the Chief of the Office of Citizenship and New 
        Americans; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Appointment of Executive Director.--The USCF Council 
shall appoint an Executive Director, who shall oversee the day-to-day 
operations of the Foundation.</DELETED>

<DELETED>SEC. 2536. POWERS.</DELETED>

<DELETED>    The Executive Director is authorized to carry out the 
purposes set forth in section 2533 on behalf of the Foundation by--
</DELETED>
        <DELETED>    (1) accepting, holding, administering, investing, 
        and spending any gift, devise, or bequest of real or personal 
        property made to the Foundation;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) charging such fees for professional services 
        furnished by the Foundation as the Executive Director 
        determines reasonable and appropriate.</DELETED>

<DELETED>SEC. 2537. INITIAL ENTRY, ADJUSTMENT, AND CITIZENSHIP 
              ASSISTANCE GRANT PROGRAM.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) screening to assess prospective 
                applicants' potential eligibility or lack of 
                eligibility;</DELETED>
                <DELETED>    (B) completing applications;</DELETED>
                <DELETED>    (C) gathering proof of identification, 
                employment, residence, and tax payment;</DELETED>
                <DELETED>    (D) gathering proof of relationships of 
                eligible family members;</DELETED>
                <DELETED>    (E) applying for any waivers for which 
                applicants and qualifying family members may be 
                eligible; and</DELETED>
                <DELETED>    (F) any other assistance that the 
                Secretary or grantee considers useful to aliens who are 
                interested in applying for registered provisional 
                immigrant status;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) to legal permanent residents seeking to become 
        naturalized United States citizens; and</DELETED>
        <DELETED>    (4) to applicants on--</DELETED>
                <DELETED>    (A) the rights and responsibilities of 
                United States citizenship;</DELETED>
                <DELETED>    (B) civics-based English as a second 
                language;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (D) applying for United States 
                citizenship.</DELETED>

<DELETED>SEC. 2538. PILOT PROGRAM TO PROMOTE IMMIGRANT INTEGRATION AT 
              STATE AND LOCAL LEVELS.</DELETED>

<DELETED>    (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 --</DELETED>
        <DELETED>    (1) to establish New Immigrant Councils to carry 
        out programs to integrate new immigrants; or</DELETED>
        <DELETED>    (2) to carry out programs to integrate new 
        immigrants.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) a proposal to meet an objective or combination 
        of objectives set forth in subsection (d)(3);</DELETED>
        <DELETED>    (2) the number of new immigrants in the 
        applicant's jurisdiction; and</DELETED>
        <DELETED>    (3) a description of the challenges in introducing 
        and integrating new immigrants into the State or local 
        community.</DELETED>
<DELETED>    (c) Priority.--In awarding grants under this section, the 
Chief shall give priority to States and local governments or other 
qualifying entities that--</DELETED>
        <DELETED>    (1) use matching funds from non-Federal sources, 
        which may include in-kind contributions;</DELETED>
        <DELETED>    (2) demonstrate collaboration with public and 
        private entities to achieve the goals of the comprehensive plan 
        developed pursuant to subsection (d)(3);</DELETED>
        <DELETED>    (3) are 1 of the 10 States with the highest rate 
        of foreign-born residents; or</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Authorized Activities.--A grant awarded under this 
subsection may be used--</DELETED>
        <DELETED>    (1) to form a New Immigrant Council, which shall--
        </DELETED>
                <DELETED>    (A) consist of between 15 and 19 
                individuals, inclusive, from the State, local 
                government, or qualifying organization;</DELETED>
                <DELETED>    (B) include, to the extent practicable, 
                representatives from--</DELETED>
                        <DELETED>    (i) business;</DELETED>
                        <DELETED>    (ii) faith-based 
                        organizations;</DELETED>
                        <DELETED>    (iii) civic 
                        organizations;</DELETED>
                        <DELETED>    (iv) philanthropic 
                        organizations;</DELETED>
                        <DELETED>    (v) nonprofit organizations, 
                        including those with experience working with 
                        immigrant communities;</DELETED>
                        <DELETED>    (vi) key education stakeholders, 
                        such as State educational agencies, local 
                        educational agencies, community colleges, and 
                        teachers;</DELETED>
                        <DELETED>    (vii) State adult education 
                        offices;</DELETED>
                        <DELETED>    (viii) State or local public 
                        libraries; and</DELETED>
                        <DELETED>    (ix) State or local governments; 
                        and</DELETED>
                <DELETED>    (C) meet not less frequently than once 
                each quarter;</DELETED>
        <DELETED>    (2) to provide subgrants to local communities, 
        city governments, municipalities, nonprofit organizations 
        (including veterans' and patriotic organizations) or other 
        qualifying entities;</DELETED>
        <DELETED>    (3) to develop, implement, expand, or enhance a 
        comprehensive plan to introduce and integrate new immigrants 
        into the State by--</DELETED>
                <DELETED>    (A) improving English language 
                skills;</DELETED>
                <DELETED>    (B) engaging caretakers with limited 
                English proficiency in their child's education through 
                interactive parent and child literacy 
                activities;</DELETED>
                <DELETED>    (C) improving and expanding access to 
                workforce training programs;</DELETED>
                <DELETED>    (D) teaching United States history, civics 
                education, citizenship rights, and 
                responsibilities;</DELETED>
                <DELETED>    (E) promoting an understanding of the form 
                of government and history of the United States and the 
                principles of the Constitution;</DELETED>
                <DELETED>    (F) improving financial literacy; 
                and</DELETED>
                <DELETED>    (G) focusing on other key areas of 
                importance to integration in our society; and</DELETED>
        <DELETED>    (4) to engage receiving communities in the 
        citizenship and civic integration process by--</DELETED>
                <DELETED>    (A) increasing local service 
                capacity;</DELETED>
                <DELETED>    (B) building meaningful connections 
                between newer immigrants and long-time 
                residents;</DELETED>
                <DELETED>    (C) communicating the contributions of 
                receiving communities and new immigrants; and</DELETED>
                <DELETED>    (D) engaging leaders from all sectors of 
                the community.</DELETED>
<DELETED>    (e) Reporting and Evaluation.--</DELETED>
        <DELETED>    (1) Annual report.--Each grant recipient shall 
        submit an annual report to the Office that describes--
        </DELETED>
                <DELETED>    (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);</DELETED>
                <DELETED>    (B) the geographic areas being 
                served;</DELETED>
                <DELETED>    (C) the number of immigrants in such 
                areas; and</DELETED>
                <DELETED>    (D) the primary languages spoken in such 
                areas.</DELETED>
        <DELETED>    (2) Annual evaluation.--The Chief shall conduct an 
        annual evaluation of the grant program established under this 
        section--</DELETED>
                <DELETED>    (A) to assess and improve the 
                effectiveness of such grant program;</DELETED>
                <DELETED>    (B) to assess the future needs of 
                immigrants and of State and local governments related 
                to immigrants; and</DELETED>
                <DELETED>    (C) to ensure that grantees recipients and 
                subgrantees are acting within the scope and purpose of 
                this subchapter.</DELETED>

<DELETED>SEC. 2539. NATURALIZATION CEREMONIES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Reporting Requirement.--The Secretary shall annually 
submit a report to Congress that contains--</DELETED>
        <DELETED>    (1) the content of the strategy developed under 
        subsection (a); and</DELETED>
        <DELETED>    (2) the progress made towards the implementation 
        of such strategy.</DELETED>

                 <DELETED>CHAPTER 3--FUNDING</DELETED>

<DELETED>SEC. 2541. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (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)--</DELETED>
        <DELETED>    (1) $10,000,000 for the 5-year period ending on 
        September 30, 2018; and</DELETED>
        <DELETED>    (2) such sums as may be necessary for fiscal year 
        2019 and subsequent fiscal years.</DELETED>
<DELETED>    (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--
</DELETED>
        <DELETED>    (1) $100,000,000 for the 5-year period ending on 
        September 30, 2018; and</DELETED>
        <DELETED>    (2) such sums as may be necessary for fiscal year 
        2019 and subsequent fiscal years.</DELETED>

    <DELETED>CHAPTER 4--REDUCE BARRIERS TO NATURALIZATION</DELETED>

<DELETED>SEC. 2551. WAIVER OF ENGLISH REQUIREMENT FOR SENIOR NEW 
              AMERICANS.</DELETED>

<DELETED>    Section 312 (8 U.S.C. 1423) is amended by striking 
subsection (b) and inserting the following:</DELETED>
<DELETED>    ``(b) The requirements under subsection (a) shall not 
apply to any person who--</DELETED>
        <DELETED>    ``(1) is unable to comply with such requirements 
        because of physical or developmental disability or mental 
        impairment; or</DELETED>
        <DELETED>    ``(2) on the date on which the person's 
        application for naturalization is filed under section 334--
        </DELETED>
                <DELETED>    ``(A) is older than 65 years of age; 
                and</DELETED>
                <DELETED>    ``(B) has been living in the United States 
                for periods totaling at least 5 years after being 
                lawfully admitted for permanent residence.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) is older than 60 years of age; and</DELETED>
        <DELETED>    ``(2) has been living in the United States for 
        periods totaling at least 10 years after being lawfully 
        admitted for permanent residence.''.</DELETED>

<DELETED>SEC. 2552. FILING OF APPLICATIONS NOT REQUIRING REGULAR 
              INTERNET ACCESS.</DELETED>

<DELETED>    (a) Electronic Filing Not Required.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Sunset date.--This subsection shall cease to 
        be effective on October 1, 2020.</DELETED>
<DELETED>    (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.</DELETED>

           <DELETED>TITLE III--INTERIOR ENFORCEMENT</DELETED>

     <DELETED>Subtitle A--Employment Verification System</DELETED>

<DELETED>SEC. 3101. UNLAWFUL EMPLOYMENT OF UNAUTHORIZED 
              ALIENS.</DELETED>

<DELETED>    (a) In General.--Section 274A (8 U.S.C. 1324a) is amended 
to read as follows:</DELETED>

<DELETED>``SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS.</DELETED>

<DELETED>    ``(a) Making Employment of Unauthorized Aliens Unlawful.--
</DELETED>
        <DELETED>    ``(1) In general.--It is unlawful for an 
        employer--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) Continuing employment.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Good faith defense.--</DELETED>
                <DELETED>    ``(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)--
                </DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(6) Good faith compliance.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Exception if failure to correct 
                after notice.--Subparagraph (A) shall not apply if--
                </DELETED>
                        <DELETED>    ``(i) the failure is not de 
                        minimis;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iv) the employer, person, or 
                        entity has not corrected the failure 
                        voluntarily within such period.</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(9) Availability of reinstatement and relief.--
        Reinstatement and all other appropriate relief shall be 
        available to individuals who--</DELETED>
                <DELETED>    ``(A) are lawfully present in the United 
                States at the time such relief is requested; 
                and</DELETED>
                <DELETED>    ``(B) lost employment authorized status 
                due to the unlawful acts of the employer and for whom 
                reinstatement would restore such status.</DELETED>
<DELETED>    ``(b) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Commissioner.--The term `Commissioner' means 
        the Commissioner of Social Security.</DELETED>
        <DELETED>    ``(2) Department.--Except as otherwise provided, 
        the term `Department' means the Department of Homeland 
        Security.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Secretary.--Except as otherwise specifically 
        provided, the term `Secretary' means the Secretary of Homeland 
        Security.</DELETED>
        <DELETED>    ``(6) System.--The term `System' means the 
        Employment Verification System established under subsection 
        (d).</DELETED>
        <DELETED>    ``(7) Unauthorized alien.--The term `unauthorized 
        alien' means an alien who, with respect to employment in the 
        United States at a particular time--</DELETED>
                <DELETED>    ``(A) is not lawfully admitted for 
                permanent residence; or</DELETED>
                <DELETED>    ``(B) is not authorized to be employed 
                under this Act or by the Secretary.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(1) Attestation after examination of 
        documentation.--</DELETED>
                <DELETED>    ``(A) In general.--</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) by examining--
                                </DELETED>
                                        <DELETED>    ``(aa) a document 
                                        specified in subparagraph (C); 
                                        or</DELETED>
                                        <DELETED>    ``(bb) a document 
                                        specified in subparagraph (D) 
                                        and a document specified in 
                                        subparagraph (E); and</DELETED>
                                <DELETED>    ``(II) by utilizing an 
                                identity authentication mechanism 
                                described in clause (iii) or (iv) of 
                                subparagraph (F).</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Requirements.--</DELETED>
                        <DELETED>    ``(i) Form.--The form referred to 
                        in subparagraph (A)(i)--</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(II) shall be available 
                                as--</DELETED>
                                        <DELETED>    ``(aa) a paper 
                                        form;</DELETED>
                                        <DELETED>    ``(bb) a form that 
                                        may be completed by an employer 
                                        via telephone;</DELETED>
                                        <DELETED>    ``(cc) an 
                                        electronic form; or</DELETED>
                                        <DELETED>    ``(dd) a form that 
                                        is integrated electronically 
                                        with the requirements under 
                                        subsection (d).</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) the employer has, in 
                                good faith, followed applicable 
                                regulations and any written procedures 
                                or instructions provided by the 
                                Secretary; and</DELETED>
                                <DELETED>    ``(II) a reasonable person 
                                would conclude that the documentation 
                                is genuine and relates to the 
                                individual presenting such 
                                documentation.</DELETED>
                <DELETED>    ``(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:</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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--
                        </DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(II) is evidence of 
                                employment authorized status; 
                                and</DELETED>
                                <DELETED>    ``(III) contains security 
                                features to make the document resistant 
                                to tampering, counterfeiting, and 
                                fraudulent use.</DELETED>
                        <DELETED>    ``(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--
                        </DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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:</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) the individual's 
                                photograph, name, date of birth, 
                                gender, and driver's license or 
                                identification card number, 
                                and</DELETED>
                                <DELETED>    ``(II) security features 
                                to make the license or card resistant 
                                to tampering, counterfeiting, and 
                                fraudulent use.</DELETED>
                        <DELETED>    ``(ii) A voter registration 
                        card.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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:</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(F) Identity authentication mechanism.--
                </DELETED>
                        <DELETED>    ``(i) Definitions.--In this 
                        subparagraph:</DELETED>
                                <DELETED>    ``(I) Covered identity 
                                document.--The term `covered identity 
                                document' means a valid--</DELETED>
                                        <DELETED>    ``(aa) United 
                                        States passport, passport card, 
                                        or a document evidencing lawful 
                                        permanent residence status or 
                                        employment authorized status 
                                        issued to an alien;</DELETED>
                                        <DELETED>    ``(bb) enhanced 
                                        driver's license or identity 
                                        card issued by a participating 
                                        State; or</DELETED>
                                        <DELETED>    ``(cc) photograph 
                                        and appropriate identifying 
                                        information provided by the 
                                        Secretary of State pursuant to 
                                        the granting of a 
                                        visa.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iii) Photo tool.--</DELETED>
                                <DELETED>    ``(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).</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iv) Additional security 
                        measures.--</DELETED>
                                <DELETED>    ``(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).</DELETED>
                                <DELETED>    ``(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--</DELETED>
                                        <DELETED>    ``(aa) shall be 
                                        kept up-to-date with 
                                        technological advances; 
                                        and</DELETED>
                                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) may prohibit or restrict the 
                        use of such document or class of documents for 
                        purposes of this subsection; and</DELETED>
                        <DELETED>    ``(ii) shall directly notify all 
                        employers registered within the System of the 
                        prohibition through appropriate 
                        means.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(ii) shall publish a description 
                        of any such document or class of documents on 
                        the U.S. Citizenship and Immigration Services' 
                        website; and</DELETED>
                        <DELETED>    ``(iii) shall directly notify all 
                        employers registered within the System of the 
                        prohibition through appropriate 
                        means.</DELETED>
        <DELETED>    ``(2) Individual attestation of employment 
        authorization.--An individual, upon commencing employment with 
        an employer, shall--</DELETED>
                <DELETED>    ``(A) attest, under penalty of perjury, on 
                the form prescribed by the Secretary, that the 
                individual is--</DELETED>
                        <DELETED>    ``(i) a national of the United 
                        States;</DELETED>
                        <DELETED>    ``(ii) an alien lawfully admitted 
                        for permanent residence;</DELETED>
                        <DELETED>    ``(iii) an alien who has 
                        employment authorized status; or</DELETED>
                        <DELETED>    ``(iv) otherwise authorized by the 
                        Secretary to be hired for such 
                        employment;</DELETED>
                <DELETED>    ``(B) provide such attestation by a 
                handwritten, electronic, or digital pin code signature; 
                and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Retention of verification record.--
        </DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the date that is 3 years 
                        after such hiring date; or</DELETED>
                        <DELETED>    ``(ii) the date that is 1 year 
                        after the date on which the individual's 
                        employment with the employer is 
                        terminated.</DELETED>
                <DELETED>    ``(B) Requirement for electronic 
                retention.--The Secretary--</DELETED>
                        <DELETED>    ``(i) shall permit an employer to 
                        retain the form described in subparagraph (A) 
                        in electronic form; and</DELETED>
                        <DELETED>    ``(ii) may permit an employer to 
                        retain such form in paper, microfiche, 
                        microfilm, or other media.</DELETED>
        <DELETED>    ``(4) Copying of documentation and 
        recordkeeping.--The Secretary may promulgate regulations 
        regarding--</DELETED>
                <DELETED>    ``(A) copying documents and related 
                information pertaining to employment verification 
                presented by an individual under this subsection; 
                and</DELETED>
                <DELETED>    ``(B) retaining such information during a 
                period not to exceed the required retention period set 
                forth in paragraph (3).</DELETED>
        <DELETED>    ``(5) Penalties.--An employer that fails to comply 
        with any requirement under this subsection may be penalized 
        under subsection (e)(4)(B).</DELETED>
        <DELETED>    ``(6) Protection of civil rights.--</DELETED>
                <DELETED>    ``(A) In general.--Nothing in this section 
                may be construed to diminish any rights otherwise 
                protected by Federal law.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Employment Verification System.--</DELETED>
        <DELETED>    ``(1) In general.--</DELETED>
                <DELETED>    ``(A) Establishment.--The Secretary, in 
                consultation with the Commissioner, shall establish the 
                Employment Verification System.</DELETED>
                <DELETED>    ``(B) Monitoring.--The Secretary shall 
                create the necessary processes to monitor--</DELETED>
                        <DELETED>    ``(i) the functioning of the 
                        System, including the volume of the workflow, 
                        the speed of processing of queries, the speed 
                        and accuracy of responses;</DELETED>
                        <DELETED>    ``(ii) the misuse of the System, 
                        including the prevention of fraud or identity 
                        theft;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iv) the security, integrity, 
                        and privacy of the System.</DELETED>
                <DELETED>    ``(C) Procedures.--The Secretary--
                </DELETED>
                        <DELETED>    ``(i) shall create processes to 
                        provide an individual with direct access to the 
                        individual's case history in the System, 
                        including--</DELETED>
                                <DELETED>    ``(I) the identities of 
                                all persons or entities that have 
                                queried the individual through the 
                                System;</DELETED>
                                <DELETED>    ``(II) the date of each 
                                such query; and</DELETED>
                                <DELETED>    ``(III) the System 
                                response for each such query; 
                                and</DELETED>
                        <DELETED>    ``(ii) in consultation with the 
                        Commissioner, may develop--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(II) a process for the 
                                individual to submit additional queries 
                                to the System or notify the Secretary 
                                of potential identity fraud.</DELETED>
        <DELETED>    ``(2) Participation requirements.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) the date that is 90 days 
                        after the date of the enactment of the Border 
                        Security, Economic Opportunity, and Immigration 
                        Modernization Act.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Critical infrastructure.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(H) Tribal government employers.--
                </DELETED>
                        <DELETED>    ``(i) Rulemaking.--In developing 
                        regulations to implement this subsection, the 
                        Secretary shall--</DELETED>
                                <DELETED>    ``(I) consider the effects 
                                of this section on federally recognized 
                                Indian tribes and tribal members; 
                                and</DELETED>
                                <DELETED>    ``(II) consult with the 
                                governments of federally recognized 
                                Indian tribes.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(I) Immigration law violators.--
                </DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Consequence of failure to participate.--
        </DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) shall be treated as a 
                        violation of subsection (a)(1)(B) with respect 
                        to that individual; and</DELETED>
                        <DELETED>    ``(ii) creates a rebuttable 
                        presumption that the employer has violated 
                        paragraph (1)(A) or (2) of subsection 
                        (a).</DELETED>
                <DELETED>    ``(B) Exception.--</DELETED>
                        <DELETED>    ``(i) In general.--Subparagraph 
                        (A) shall not apply in a criminal 
                        prosecution.</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Procedures for participants in the system.--
        </DELETED>
                <DELETED>    ``(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:</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iv) Notification to 
                        employees.--The employer shall inform 
                        individuals hired for employment that the 
                        System--</DELETED>
                                <DELETED>    ``(I) will be used by the 
                                employer;</DELETED>
                                <DELETED>    ``(II) may be used for 
                                immigration enforcement purposes; 
                                and</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) the individual's 
                                social security account 
                                number;</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(III) such other 
                                information as the Secretary may 
                                require to determine the identity and 
                                employment authorization of an 
                                individual.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(B) Seeking confirmation.--</DELETED>
                        <DELETED>    ``(i) In general.--An employer 
                        shall use the System to confirm the identity 
                        and employment authorized status of any 
                        individual during--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(II) such other 
                                reasonable period as the Secretary may 
                                prescribe.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(v) Notification.--</DELETED>
                                <DELETED>    ``(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').</DELETED>
                                <DELETED>    ``(II) Procedures.--The 
                                Secretary shall establish procedures--
                                </DELETED>
                                        <DELETED>    ``(aa) to directly 
                                        notify the individual and the 
                                        employer of a confirmation, 
                                        nonconfirmation, or further 
                                        action notice; and</DELETED>
                                        <DELETED>    ``(bb) to provide 
                                        information about filing an 
                                        administrative appeal under 
                                        paragraph (6) and a hearing 
                                        before an administrative law 
                                        judge under paragraph 
                                        (7).</DELETED>
                                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Confirmation or nonconfirmation.--
                </DELETED>
                        <DELETED>    ``(i) Initial response.--
                        </DELETED>
                                <DELETED>    ``(I) In general.--Except 
                                as provided in subclause (II), the 
                                System shall provide--</DELETED>
                                        <DELETED>    ``(aa) a 
                                        confirmation of an individual's 
                                        identity and employment 
                                        authorized status or a further 
                                        action notice at the time of 
                                        the inquiry; and</DELETED>
                                        <DELETED>    ``(bb) an 
                                        appropriate code indicating 
                                        such confirmation or such 
                                        further action 
                                        notice.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iii) Further action notice and 
                        later confirmation or nonconfirmation.--
                        </DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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--</DELETED>
                                        <DELETED>    ``(aa) a 
                                        nonconfirmation has been 
                                        issued;</DELETED>
                                        <DELETED>    ``(bb) if the 
                                        further action notice was 
                                        contested, the period to timely 
                                        file an administrative appeal 
                                        has expired without an appeal; 
                                        or</DELETED>
                                        <DELETED>    ``(cc) if an 
                                        administrative appeal has been 
                                        filed, the nonconfirmation has 
                                        been upheld.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(D) Consequences of nonconfirmation.--
                </DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(E) Obligation to respond to queries and 
                additional information.--</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(ii) Action by individuals.--
                        </DELETED>
                                <DELETED>    ``(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).</DELETED>
                                <DELETED>    ``(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--
                                </DELETED>
                                        <DELETED>    ``(aa) notify the 
                                        individual of any such 
                                        requirement for further 
                                        actions; and</DELETED>
                                        <DELETED>    ``(bb) shall 
                                        record the date and manner of 
                                        such notification.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iii) Rulemaking.--</DELETED>
                                <DELETED>    ``(I) In general.--The 
                                Secretary, in consultation with the 
                                Commissioner, is authorized to issue 
                                regulations implementing, clarifying, 
                                and supplementing the requirements 
                                under this subparagraph--</DELETED>
                                        <DELETED>    ``(aa) to 
                                        facilitate the functioning, 
                                        accuracy, and fairness of the 
                                        System; or</DELETED>
                                        <DELETED>    ``(bb) to prevent 
                                        misuse, discrimination, fraud, 
                                        or identity theft in the use of 
                                        the System.</DELETED>
                                <DELETED>    ``(II) Notice.--The 
                                regulations issued under subclause 
                                (I)--</DELETED>
                                        <DELETED>    ``(aa) shall be 
                                        published in the Federal 
                                        Register; and</DELETED>
                                        <DELETED>    ``(bb) provide 
                                        directly to all employers 
                                        registered in the 
                                        System.</DELETED>
                <DELETED>    ``(F) Designated agents.--The Secretary 
                shall establish a process--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) for ensuring that 
                        designated agents and other System service 
                        providers are subject to monitoring to the same 
                        extent as direct access users.</DELETED>
                <DELETED>    ``(G) Requirement to provide 
                information.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Campaign requirements.--The 
                        campaign authorized under clause (i)--
                        </DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(II) shall be 
                                coordinated with the public education 
                                campaign conducted by U.S. Citizenship 
                                and Immigration Services.</DELETED>
                        <DELETED>    ``(iii) Assessment.--The Secretary 
                        shall assess the success of the campaign in 
                        achieving the goals of the campaign.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the information that shall 
                        be presented to the employer by a worker 
                        individual;</DELETED>
                        <DELETED>    ``(ii) the information that shall 
                        be provided to the System by the employer; 
                        and</DELETED>
                        <DELETED>    ``(iii) the procedures that shall 
                        be followed by employers with respect to the 
                        process of verifying an individual through the 
                        System.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(6) Administrative appeal.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(E) Damages, fees, and costs.--No money 
                damages, fees or costs may be awarded in the 
                administrative appeal process under this 
                paragraph.</DELETED>
        <DELETED>    ``(7) Review by administrative law judge.--
        </DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(D) Authority of administrative law 
                judge.--</DELETED>
                        <DELETED>    ``(i) Rules of practice.--The 
                        Secretary shall promulgate regulations 
                        regarding the rules of practice in appeals 
                        brought pursuant to this subsection.</DELETED>
                        <DELETED>    ``(ii) Authority of administrative 
                        law judge.--The administrative law judge shall 
                        have power to--</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(II) adduce evidence at 
                                a hearing;</DELETED>
                                <DELETED>    ``(III) compel by subpoena 
                                the attendance of witnesses and the 
                                production of evidence at any 
                                designated place or hearing;</DELETED>
                                <DELETED>    ``(IV) resolve claims of 
                                identity theft; and</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iv) Training.--An 
                        administrative law judge hearing cases shall 
                        have special training respecting employment 
                        authorized status verification.</DELETED>
                <DELETED>    ``(E) Order by administrative law judge.--
                </DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(F) Compensation for error.--</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(8) Management of the system.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary is 
                authorized to establish, manage, and modify the System, 
                which shall--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iii) provide information to, 
                        and require action by, employers and 
                        individuals using the System.</DELETED>
                <DELETED>    ``(B) Design and operation of system.--The 
                System shall be designed and operated--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(ii) to maximize its ease of use 
                        by employees, including direct notification of 
                        its use, of results, and ability to challenge 
                        results;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(iv) to maintain appropriate 
                        administrative, technical, and physical 
                        safeguards to prevent unauthorized disclosure 
                        of personal information, misuse by employers 
                        and employees, and discrimination;</DELETED>
                        <DELETED>    ``(v) to require regularly 
                        scheduled refresher training of all users of 
                        the System to ensure compliance with all 
                        procedures;</DELETED>
                        <DELETED>    ``(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--
                        </DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(II) to develop and use 
                                tools and processes to detect and 
                                prevent misuse of the system by 
                                employers and employees;</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(vii) to confirm identity and 
                        employment authorization through verification 
                        and comparison of records as determined 
                        necessary by the Secretary;</DELETED>
                        <DELETED>    ``(viii) to confirm electronically 
                        the issuance of the employment authorization or 
                        identity document and--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Safeguards to the system.--
                </DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) ensures that only 
                                authorized personnel have access to 
                                document verification or System data; 
                                and</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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--
                        </DELETED>
                                <DELETED>    ``(I) provides for backup 
                                and recovery of any records maintained 
                                in electronic format to protect against 
                                information loss, such as power 
                                interruptions; and</DELETED>
                                <DELETED>    ``(II) ensures that 
                                employees are trained to minimize the 
                                risk of unauthorized or accidental 
                                alteration or erasure of such data in 
                                electronic format.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(D) Responsibilities of the secretary.--
                </DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(iii) Timing of notices.--The 
                        Secretary shall have authority to prescribe 
                        when a confirmation, nonconfirmation, or 
                        further action notice shall be 
                        issued.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(II) for each individual 
                                being verified through the System--
                                </DELETED>
                                        <DELETED>    ``(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</DELETED>
                                        <DELETED>    ``(bb) provide 
                                        instructions to the individuals 
                                        for exercising the option 
                                        referred to in item 
                                        (aa).</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ix) Civil rights and civil 
                        liberties assessments.--</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(E) Grants to states.--</DELETED>
                        <DELETED>    ``(i) In general.--The Secretary 
                        shall create and administer a grant program to 
                        help provide funding for States that grant--
                        </DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(II) such assistance as 
                                the Secretary may request in order to 
                                resolve further action notices or 
                                nonconfirmations relating to such 
                                information.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iii) Authorization of 
                        appropriations.--There is authorized to be 
                        appropriated to the Secretary $250,000,000 to 
                        carry out this subparagraph.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) An assessment of any challenges 
                faced by small employers in utilizing the 
                System.</DELETED>
                <DELETED>    ``(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:</DELETED>
                        <DELETED>    ``(i) Taking adverse action based 
                        on a further action notice.</DELETED>
                        <DELETED>    ``(ii) Use of the System for 
                        nonemployees or other individuals before they 
                        are offered employment.</DELETED>
                        <DELETED>    ``(iii) Use of the System to 
                        reverify employment authorized status of 
                        current employees except if authorized to do 
                        so.</DELETED>
                        <DELETED>    ``(iv) Use of the System 
                        selectively, except in cases in which such use 
                        is authorized.</DELETED>
                        <DELETED>    ``(v) Use of the System to deny 
                        employment or post-employment benefits or 
                        otherwise interfere with labor 
                        rights.</DELETED>
                        <DELETED>    ``(vi) Requiring employees or 
                        applicants to use any self-verification feature 
                        or to provide self-verification 
                        results.</DELETED>
                        <DELETED>    ``(vii) Discouraging individuals 
                        who receive a further action notice from 
                        challenging the further action notice or 
                        appealing a determination made by the 
                        System.</DELETED>
                <DELETED>    ``(E) An assessment of the rate of 
                employee noncompliance in each of the following 
                categories:</DELETED>
                        <DELETED>    ``(i) Obtaining employment when 
                        unauthorized with an employer complying with 
                        the System in good faith.</DELETED>
                        <DELETED>    ``(ii) Failure to provide required 
                        documents in a timely manner.</DELETED>
                        <DELETED>    ``(iii) Attempting to use 
                        fraudulent documents or documents not related 
                        to the individual.</DELETED>
                        <DELETED>    ``(iv) Misuse of the 
                        administrative appeal and judicial review 
                        process.</DELETED>
                <DELETED>    ``(F) An assessment of the amount of time 
                taken for--</DELETED>
                        <DELETED>    ``(i) the System to provide the 
                        confirmation or further action 
                        notice;</DELETED>
                        <DELETED>    ``(ii) individuals to contest 
                        further action notices;</DELETED>
                        <DELETED>    ``(iii) the System to provide a 
                        confirmation or nonconfirmation of a contested 
                        further action notice;</DELETED>
                        <DELETED>    ``(iv) individuals to file an 
                        administrative appeal of a nonconfirmation; 
                        and</DELETED>
                        <DELETED>    ``(v) resolving administrative 
                        appeals regarding nonconfirmations.</DELETED>
        <DELETED>    ``(11) Annual gao study and report.--</DELETED>
                <DELETED>    ``(A) Requirement.--The Comptroller 
                General shall, for each year, undertake a study to 
                evaluate the accuracy, efficiency, integrity, and 
                impact of the System.</DELETED>
                <DELETED>    ``(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:</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iii) An assessment of whether 
                        the System is being implemented in a manner 
                        that is not discriminatory or used for 
                        retaliation against employees.</DELETED>
                        <DELETED>    ``(iv) An assessment of the most 
                        common causes for the erroneous issuance of 
                        nonconfirmations by the System and 
                        recommendations to correct such 
                        causes.</DELETED>
                        <DELETED>    ``(v) The recommendations of the 
                        Comptroller General regarding System 
                        improvements.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(viii) An assessment of any 
                        backlogs or delays in the System providing the 
                        confirmation or further action notice and 
                        impacts to hiring by employers.</DELETED>
<DELETED>    ``(e) Compliance.--</DELETED>
        <DELETED>    ``(1) Complaints and investigations.--The 
        Secretary shall establish procedures--</DELETED>
                <DELETED>    ``(A) for individuals and entities to file 
                complaints respecting potential violations of 
                subsections (a) or (f)(1);</DELETED>
                <DELETED>    ``(B) for the investigation of those 
                complaints which the Secretary deems appropriate to 
                investigate; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Authority in investigations.--In conducting 
        investigations and proceedings under this subsection--
        </DELETED>
                <DELETED>    ``(A) immigration officers shall have 
                reasonable access to examine evidence of the employer 
                being investigated;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the System's compliance 
                        personnel;</DELETED>
                        <DELETED>    ``(ii) immigration law enforcement 
                        officers;</DELETED>
                        <DELETED>    ``(iii) personnel of the Office of 
                        Special Counsel for Immigration-Related Unfair 
                        Employment Practices of the Department of 
                        Justice;</DELETED>
                        <DELETED>    ``(iv) personnel of the Office for 
                        Civil Rights and Civil Liberties of the 
                        Department; and</DELETED>
                        <DELETED>    ``(v) personnel of Office of 
                        Inspector General of the Social Security 
                        Administration.</DELETED>
        <DELETED>    ``(3) Compliance procedures.--</DELETED>
                <DELETED>    ``(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:</DELETED>
                        <DELETED>    ``(i) describe the 
                        violation;</DELETED>
                        <DELETED>    ``(ii) specify the laws and 
                        regulations allegedly violated;</DELETED>
                        <DELETED>    ``(iii) disclose the material 
                        facts which establish the alleged 
                        violation;</DELETED>
                        <DELETED>    ``(iv) describe the penalty sought 
                        to be imposed; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(4) Civil penalties.--</DELETED>
                <DELETED>    ``(A) Hiring or continuing to employ 
                unauthorized aliens.--Any employer that violates any 
                provision of subsection (a)(1)(A) or (a)(2) shall--
                </DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) fails to query the System to 
                        verify the identify and work authorized status 
                        of an individual; and</DELETED>
                        <DELETED>    ``(ii) violates a Federal, State, 
                        or local law related to--</DELETED>
                                <DELETED>    ``(I) the payment of 
                                wages;</DELETED>
                                <DELETED>    ``(II) hours worked by 
                                employees; or</DELETED>
                                <DELETED>    ``(III) workplace health 
                                and safety.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) not less than $500 and not 
                        more than $2,000 for each violation;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Order of internal review and certification 
        of compliance.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Employer certification.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Extension of deadline.--At the 
                request of the employer, the Secretary may extend the 
                60-day deadline for good cause.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Service.--The respondent is the 
                Secretary. In addition to serving the respondent, the 
                petitioner shall serve the Attorney General.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(F) Exhaustion of administrative 
                remedies.--A court may review a final determination 
                under paragraph (3)(C) only if--</DELETED>
                        <DELETED>    ``(i) the petitioner has exhausted 
                        all administrative remedies available to the 
                        petitioner as of right, including any 
                        administrative remedies established by 
                        regulation, and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(8) Filing notice of lien.--</DELETED>
                <DELETED>    ``(A) Place for filing.--The notice 
                referred to in paragraph (7) shall be filed as 
                described in 1 of the following:</DELETED>
                        <DELETED>    ``(i) Under state laws.--
                        </DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Situs of property subject to lien.--
                For purposes of subparagraph (A), property shall be 
                deemed to be situated as follows:</DELETED>
                        <DELETED>    ``(i) Real property.--In the case 
                        of real property, at its physical 
                        location.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(D) Effect of filing notice of lien.--
                </DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Criminal and Civil Penalties and Injunctions.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) Government Contracts.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(j) Challenges to Validity of the System.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) whether this section, or any 
                regulation issued to implement this section, violates 
                the Constitution of the United States; or</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(k) Criminal Penalties and Injunctions for Pattern or 
Practice Violations.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(l) Criminal Penalties for Unlawful and Abusive 
Employment.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) knowing that the individuals are 
                unauthorized aliens; and</DELETED>
                <DELETED>    ``(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)</DELETED>
        <DELETED>shall be fined under title 18, United States Code, or 
        imprisoned for not more than 10 years, or both.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) the collaborative use of processes of other 
        Federal and State agencies that intersect with the agriculture 
        industry.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) any adverse impact on the revenues, business 
        processes, or profitability of employers required to use such 
        System; and</DELETED>
        <DELETED>    (3) the economic impact of such System on small 
        businesses.</DELETED>
<DELETED>    (d) Government Accountability Office Study of the Effects 
of Document Requirements on Employment Authorized Persons and 
Employers.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (e) Repeal of Pilot Programs and E-Verify and Transition 
Procedures.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (f) Conforming Amendment.--Paragraph (3) of section 274(a) 
(8 U.S.C. 1324(a)) is repealed.</DELETED>

<DELETED>SEC. 3102. INCREASING SECURITY AND INTEGRITY OF SOCIAL 
              SECURITY CARDS.</DELETED>

<DELETED>    (a) Fraud-resistant, Tamper-resistant, Wear-resistant, and 
Identity Theft-resistant Social Security Cards.--</DELETED>
        <DELETED>    (1) Issuance.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.''.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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)).</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) by inserting ``(i)'' after ``(G)''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Criminal Penalties.--</DELETED>
        <DELETED>    (1) Social security fraud.--</DELETED>
                <DELETED>    (A) In general.--Chapter 47 of title 18, 
                United States Code, is amended by inserting at the end 
                the following:</DELETED>
<DELETED>``Sec. 1041. Social security fraud.</DELETED>
<DELETED>    ``Any person who--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(4) knowingly alters, counterfeits, forges, or 
        falsely makes a social security account number or a social 
        security card;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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,</DELETED>
<DELETED>shall be fined under this title, imprisoned not more than 5 
years, or both.''.</DELETED>
                <DELETED>    (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:</DELETED>

<DELETED>``Sec. 1041. Social security fraud.''.
        <DELETED>    (2) Information disclosure.--</DELETED>
                <DELETED>    (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:</DELETED>
                        <DELETED>    (i) Records concerning the 
                        identity, address, location, or financial 
                        institution accounts of the holder of a social 
                        security account number or social security 
                        card.</DELETED>
                        <DELETED>    (ii) Records concerning the 
                        application for and issuance of a social 
                        security account number or social security 
                        card.</DELETED>
                        <DELETED>    (iii) Records concerning the 
                        existence or nonexistence of a social security 
                        account number or social security 
                        card.</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 3103. INCREASING SECURITY AND INTEGRITY OF IMMIGRATION 
              DOCUMENTS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 3104. RESPONSIBILITIES OF THE SOCIAL SECURITY 
              ADMINISTRATION.</DELETED>

<DELETED>    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:</DELETED>

          <DELETED>``Part E--Employment Verification</DELETED>

       <DELETED>``responsibilities of the commissioner of social 
                           security</DELETED>

<DELETED>    ``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--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) determines the correspondence of the name, 
        date of birth, and number;</DELETED>
        <DELETED>    ``(3) determines whether the name and number 
        belong to an individual who is deceased according to the 
        records maintained by the Commissioner;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(5) determines whether the individual has 
        presented a social security account number that is not valid 
        for employment.</DELETED>
<DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 3105. IMPROVED PROHIBITION ON DISCRIMINATION BASED ON 
              NATIONAL ORIGIN OR CITIZENSHIP STATUS.</DELETED>

<DELETED>    (a) In General.--Section 274B(a) (8 U.S.C. 1324b) is 
amended to read as follows:</DELETED>
<DELETED>    ``(a) Prohibition on Discrimination Based on National 
Origin or Citizenship Status.--</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(A) The hiring of the individual for 
                employment.</DELETED>
                <DELETED>    ``(B) The verification of the individual's 
                eligibility to work in the United States.</DELETED>
                <DELETED>    ``(C) The discharging of the individual 
                from employment.</DELETED>
        <DELETED>    ``(2) Exceptions.--Paragraph (1) shall not apply 
        to the following:</DELETED>
                <DELETED>    ``(A) A person, other entity, or employer 
                that employs 5 or fewer employees, except for an 
                employment agency.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Discrimination because of 
                citizenship status which--</DELETED>
                        <DELETED>    ``(i) is otherwise required in 
                        order to comply with a provision of Federal, 
                        State, or local law related to law 
                        enforcement;</DELETED>
                        <DELETED>    ``(ii) is required by Federal 
                        Government contract; or</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) to use the System with regard to any 
                person for any purpose except as authorized by section 
                274A(d);</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(D) to use the System selectively for 
                employees, except where authorized by law;</DELETED>
                <DELETED>    ``(E) to fail to provide to an individual 
                any notice required in section 274A(d) within the 
                relevant time period;</DELETED>
                <DELETED>    ``(F) to use the System to deny workers' 
                employment or post-employment benefits;</DELETED>
                <DELETED>    ``(G) to misuse the System to discriminate 
                based on national origin or citizenship 
                status;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) for the purpose of interfering with 
                any right or privilege secured under this section; 
                or</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Referral by EEOC.--Section 274B(b) (8 U.S.C. 1324b(b)) 
is amended by adding at the end the following:</DELETED>
        <DELETED>    ``(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.'';</DELETED>
<DELETED>    (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.''.</DELETED>
<DELETED>    (d) Fines.--</DELETED>
        <DELETED>    (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:</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3106. RULEMAKING.</DELETED>

<DELETED>    (a) Interim Final Regulations.--</DELETED>
        <DELETED>    (1) In general.--Not later than 1 year after the 
        date of the enactment of this Act--</DELETED>
                <DELETED>    (A) the Secretary, shall issue regulations 
                implementing sections 3101, 3104, and 3105, and the 
                amendments made by such sections; and</DELETED>
                <DELETED>    (B) the Attorney General shall issue 
                regulations implementing section 3102 and the amendment 
                made by such section.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

    <DELETED>Subtitle B--Protecting United States Workers</DELETED>

<DELETED>SEC. 3201. PROTECTIONS FOR VICTIMS OF SERIOUS VIOLATIONS OF 
              LABOR AND EMPLOYMENT LAW OR CRIME.</DELETED>

<DELETED>    (a) In General.--Section 101(a)(15)(U) (8 U.S.C. 
1101(a)(15)(U)) is amended--</DELETED>
        <DELETED>    (1) in clause (i)--</DELETED>
                <DELETED>    (A) by amending subclause (I) to read as 
                follows:</DELETED>
                        <DELETED>    ``(I) the alien--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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;'';</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) by amending subclauses (III) and (IV) 
                to read as follows:</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(IV) the criminal activity 
                        described in clause (iii) or the covered 
                        violation described in clause (iv)--</DELETED>
                                <DELETED>    ``(aa) violated the laws 
                                of the United States; or</DELETED>
                                <DELETED>    ``(bb) occurred in the 
                                United States (including Indian country 
                                and military installations) or the 
                                territories and possessions of the 
                                United States;'';</DELETED>
        <DELETED>    (2) in clause (ii)(II), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (3) by moving clause (iii) 2 ems to the 
        left;</DELETED>
        <DELETED>    (4) in clause (iii)--</DELETED>
                <DELETED>    (A) by inserting ``stalking, child abuse 
                when the alien is a minor;'' after ``sexual 
                exploitation;'';</DELETED>
                <DELETED>    (B) by inserting ``fraud in foreign labor 
                contracting;'' before ``peonage;''; and</DELETED>
                <DELETED>    (C) by striking ``or'' at the end and 
                inserting ``and''; and</DELETED>
        <DELETED>    (5) by adding at the end the following:</DELETED>
        <DELETED>    ``(iv) a covered violation referred to in this 
        clause is--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(II) a violation giving rise to a civil 
                cause of action under section 1595 of title 18, United 
                States Code; or</DELETED>
                <DELETED>    ``(III) a violation resulting in the 
                deprivation of due process or constitutional 
                rights.''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Temporary Stay of Removal.--Section 274A (8 U.S.C. 
1324a), as amended by section 3101, is further amended--</DELETED>
        <DELETED>    (1) in subsection (e) by adding at the end the 
        following:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) notifies the appropriate law 
                        enforcement agency with jurisdiction over such 
                        violations or criminal activity; and</DELETED>
                        <DELETED>    ``(ii) provides such agency with 
                        the opportunity to interview such 
                        aliens;</DELETED>
                <DELETED>    ``(B) no aliens entitled to a stay of 
                removal or abeyance of removal proceedings under this 
                section are removed; and</DELETED>
                <DELETED>    ``(C) the Secretary shall stay the removal 
                of an alien who--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(ii) is a material witness in 
                        any pending or anticipated proceeding involving 
                        a bona fide workplace claim or civil rights 
                        claim; or</DELETED>
                        <DELETED>    ``(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</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) has filed for relief under section 
        101(a)(15)(U); or</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(i) a Federal, State, or local law 
                enforcement official;</DELETED>
                <DELETED>    ``(ii) a Federal, State, or local 
                prosecutor;</DELETED>
                <DELETED>    ``(iii) a Federal, State, or local 
                judge;</DELETED>
                <DELETED>    ``(iv) the Department of Homeland 
                Security;</DELETED>
                <DELETED>    ``(v) the Equal Employment Opportunity 
                Commission; or</DELETED>
                <DELETED>    ``(vi) the Department of 
                Labor.''.</DELETED>
<DELETED>    (d) Conforming Amendments.--Section 214(p) (8 U.S.C. 
1184(p)) is amended--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) in the first sentence of paragraph (6)--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) by inserting ``or claim arising from a 
                covered violation'' after ``prosecution of such 
                criminal activity''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (f) Expansion of Limitation on Sources of Information That 
May Be Used To Make Adverse Determinations.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) in each of subparagraphs (A) through 
                (D), by striking the comma at the end and inserting a 
                semicolon;</DELETED>
                <DELETED>    (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));'';</DELETED>
                <DELETED>    (C) in subparagraph (F), by striking ``, 
                the trafficker or perpetrator,'' and inserting ``), the 
                trafficker or perpetrator; or''; and</DELETED>
                <DELETED>    (D) by inserting after subparagraph (F) 
                the following:</DELETED>
                <DELETED>    ``(G) the alien's employer,''.</DELETED>
        <DELETED>    (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:</DELETED>
<DELETED>    ``(e) Workplace Claims.--</DELETED>
        <DELETED>    ``(1) Workplace claims defined.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Constructions.--Subparagraph (A) may 
                not be construed to alter what constitutes retaliation 
                or discrimination under any other provision of 
                law.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (g) Removal Proceedings.--Section 239(e) (8 U.S.C. 
1229(e)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1)--</DELETED>
                <DELETED>    (A) by striking ``In cases where'' and 
                inserting ``If''; and</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (2) in paragraph (2), by adding at the end the 
        following:</DELETED>
                <DELETED>    ``(C) At a facility about which a bona 
                fide workplace claim has been filed or is 
                contemporaneously filed.''.</DELETED>

<DELETED>SEC. 3202. EMPLOYMENT VERIFICATION SYSTEM EDUCATION 
              FUNDING.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Determination of Budgetary Effects.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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)).</DELETED>

<DELETED>SEC. 3203. DIRECTIVE TO THE UNITED STATES SENTENCING 
              COMMISSION.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) section 274A of the Immigration and 
        Nationality Act (8 U.S.C. 1324a), as amended by section 
        3101;</DELETED>
        <DELETED>    (2) section 16 of the Fair Labor Standards Act of 
        1938 (29 U.S.C. 216); and</DELETED>
        <DELETED>    (3) any other Federal law covering similar 
        conduct.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) the intentional confiscation of identification 
        documents;</DELETED>
        <DELETED>    (2) corruption, bribery, extortion, or 
        robbery;</DELETED>
        <DELETED>    (3) sexual abuse;</DELETED>
        <DELETED>    (4) serious bodily injury;</DELETED>
        <DELETED>    (5) an intent to defraud; or</DELETED>
        <DELETED>    (6) a pattern of conduct involving multiple 
        violations of law that--</DELETED>
                <DELETED>    (A) creates, through knowing and 
                intentional conduct, a risk to the health or safety of 
                any victim; or</DELETED>
                <DELETED>    (B) denies payments due to victims for 
                work completed.</DELETED>

<DELETED>SEC. 3204. CONFIDENTIALITY FOR VICTIMS OF CRIME.</DELETED>

<DELETED>    Section 384 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1367) is amended--
</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in the matter preceding paragraph 
                (1)--</DELETED>
                        <DELETED>    (i) by striking ``in no case 
                        may''; and</DELETED>
                        <DELETED>    (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</DELETED>
                <DELETED>    (B) in paragraph (2), by striking ``who is 
                a beneficiary of an application'' and inserting 
                ``applying for''; and</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (4), by striking 
                ``battered''; and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(8)(A) Subsection (a)(2) may not be construed to 
        prevent the disclosure of--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(i) may not be disclosed to any 
                nonrequired party;</DELETED>
                <DELETED>    ``(ii) shall be filed under seal, with all 
                personally identifying information redacted except the 
                witness's first name; and</DELETED>
                <DELETED>    ``(iii) shall be returned to the 
                disclosing party at the conclusion of the 
                proceeding.''.</DELETED>

            <DELETED>Subtitle C--Other Provisions</DELETED>

<DELETED>SEC. 3301. FUNDING.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (A) Verify compliance of employers 
                participating in such System with the requirements for 
                participation that are prescribed by the 
                Secretary.</DELETED>
                <DELETED>    (B) Monitor such System for multiple uses 
                of social security account numbers and immigration 
                identification numbers that could indicate identity 
                theft or fraud.</DELETED>
                <DELETED>    (C) Monitor such System to identify 
                discriminatory or unfair practices.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (H) Provide employers with additional 
                training and other information on the proper use of 
                such System, including training related to privacy and 
                employee rights.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (J) Any other compliance and monitoring 
                activities that the Secretary determines are necessary 
                to ensure the functioning of such System.</DELETED>
                <DELETED>    (K) Investigate identity theft and fraud 
                detected through such System and undertake the 
                necessary enforcement or referral actions.</DELETED>
                <DELETED>    (L) Investigate use of or access to 
                fraudulent documents and undertake the necessary 
                enforcement actions.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Authorization of Appropriations to the Commissioner of 
Social Security.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 3302. EFFECTIVE DATE.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 3303. MANDATORY EXIT SYSTEM.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Integration and Interoperability.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the Department, at--</DELETED>
                        <DELETED>    (i) the U.S. Immigration and 
                        Customs Enforcement;</DELETED>
                        <DELETED>    (ii) the U.S. Customs and Border 
                        Protection; and</DELETED>
                        <DELETED>    (iii) the U.S. Citizenship and 
                        Immigration Services;</DELETED>
                <DELETED>    (B) the Department of Justice, at the 
                Executive Office for Immigration Review; and</DELETED>
                <DELETED>    (C) the Department of State, at the Bureau 
                of Consular Affairs.</DELETED>
        <DELETED>    (2) Interoperable component.--The fully integrated 
        data system under paragraph (1) shall be an interoperable 
        component of the exit data system.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) whether to issue a visa; or</DELETED>
                <DELETED>    (B) the admissibility or deportability of 
                an alien.</DELETED>
        <DELETED>    (4) Training.--The Secretary shall establish 
        ongoing training modules on immigration law to improve 
        adjudications at United States ports of entry, consulates, and 
        embassies.</DELETED>

<DELETED>SEC. 3304. IDENTITY-THEFT RESISTANT MANIFEST INFORMATION FOR 
              PASSENGERS, CREW, AND NON-CREW ONBOARD DEPARTING AIRCRAFT 
              AND VESSELS.</DELETED>

<DELETED>    (a) Definitions.--Except as otherwise specifically 
provided, in this section:</DELETED>
        <DELETED>    (1) Identity-theft resistant collection 
        location.--The term ``identity-theft resistant collection 
        location'' means a location within an airport or seaport--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) which is equipped with technology that 
                is able to securely transmit identity-theft resistant 
                departure manifest information to the 
                Department.</DELETED>
        <DELETED>    (2) US-VISIT.--The term ``US-VISIT'' means the 
        United States-Visitor and Immigrant Status Indicator Technology 
        system.</DELETED>
<DELETED>    (b) Identity Theft Resistant Manifest Information.--
</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) shall set forth the information 
                specified in paragraph (4) or other information as 
                required by the Secretary.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Time and manner of submission.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (C) Submission along with other 
                information.--Files containing the identity-theft 
                resistant departure manifest information--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) may be sent in batch 
                        mode.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (g) Determination of Budgetary Effects.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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)).</DELETED>

<DELETED>SEC. 3305. PROFILING.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Exceptions.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Study and Regulations.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Study.--Not later than 180 days after data 
        collection under paragraph (1) commences, the Secretary shall 
        complete a study analyzing the data.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Reports.--Not later than 30 days after 
        completion of the study required by paragraph (2), the 
        Secretary shall submit the study to--</DELETED>
                <DELETED>    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;</DELETED>
                <DELETED>    (B) the Committee on Homeland Security of 
                the House of Representatives;</DELETED>
                <DELETED>    (C) the Committee on Appropriations of the 
                Senate;</DELETED>
                <DELETED>    (D) the Committee on Appropriations of the 
                House of Representatives;</DELETED>
                <DELETED>    (E) the Committee on the Judiciary of the 
                Senate; and</DELETED>
                <DELETED>    (F) the Committee on the Judiciary of the 
                House of Representatives.</DELETED>
        <DELETED>    (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.</DELETED>

      <DELETED>Subtitle D--Asylum and Refugee Provisions</DELETED>

<DELETED>SEC. 3401. TIME LIMITS AND EFFICIENT ADJUDICATION OF GENUINE 
              ASYLUM CLAIMS.</DELETED>

<DELETED>    Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amended--
</DELETED>
        <DELETED>    (1) in subparagraph (A), by inserting ``or the 
        Secretary of Homeland Security'' after ``Attorney General'' 
        both places such term appears;</DELETED>
        <DELETED>    (2) by striking subparagraphs (B) and 
        (D);</DELETED>
        <DELETED>    (3) by redesignating subparagraph (C) as 
        subparagraph (B);</DELETED>
        <DELETED>    (4) in subparagraph (B), as redesignated, by 
        striking ``subparagraph (D)'' and inserting ``subparagraphs (C) 
        and (D)''; and</DELETED>
        <DELETED>    (5) by inserting after subparagraph (B), as 
        redesignated, the following:</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iv) is physically present in 
                        the United States when the motion is 
                        filed.''.</DELETED>

<DELETED>SEC. 3402. REFUGEE FAMILY PROTECTIONS.</DELETED>

<DELETED>    (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--
</DELETED>
        <DELETED>    (1) is accompanying or following to join such 
        alien; and</DELETED>
        <DELETED>    (2) is otherwise eligible under section 
        207(c)(2)(A) or 208(b)(3) of the Immigration and Nationality 
        Act.</DELETED>

<DELETED>SEC. 3403. CLARIFICATION ON DESIGNATION OF CERTAIN 
              REFUGEES.</DELETED>

<DELETED>    Section 207(c)(1) (8 U.S.C. 1157(c)(1)) is amended--
</DELETED>
        <DELETED>    (1) by inserting ``(A)'' before ``Subject to the 
        numerical limitations''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(I) whose resettlement in the United States is 
        justified by humanitarian concerns or is otherwise in the 
        national interest; and</DELETED>
        <DELETED>    ``(II) who--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(bb) having been identified as targets 
                as described in item (aa), share a common need for 
                resettlement due to a specific vulnerability.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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)--
</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--
</DELETED>
        <DELETED>    ``(I) be in writing; and</DELETED>
        <DELETED>    ``(II) state, to the maximum extent feasible, the 
        reason for the denial.</DELETED>
<DELETED>    ``(vii) Refugees admitted pursuant to a designation under 
clause (i) shall be subject to the number of admissions under this 
section.''.</DELETED>

<DELETED>SEC. 3404. ASYLUM DETERMINATION EFFICIENCY.</DELETED>

<DELETED>    Section 235(b)(1)(B)(ii) (8 U.S.C. 1225(b)(1)(B)(ii)) is 
amended--</DELETED>
        <DELETED>    (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).''.</DELETED>

<DELETED>SEC. 3405. STATELESS PERSONS IN THE UNITED STATES.</DELETED>

<DELETED>    (a) In General.--Chapter 1 of title II (8 U.S.C. 1151 et 
seq.) is amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 210A. PROTECTION OF CERTAIN STATELESS PERSONS IN THE 
              UNITED STATES.</DELETED>

<DELETED>    ``(a) Stateless Persons.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Status of Stateless Persons.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) is a stateless person present in the 
                United States;</DELETED>
                <DELETED>    ``(B) applies for such relief;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(D) except as provided in paragraphs (2) 
                and (3), is not inadmissible under section 212(a); 
                and</DELETED>
                <DELETED>    ``(E) is not described in section 
                241(b)(3)(B)(i).</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) an affidavit, sworn under penalty of 
                perjury--</DELETED>
                        <DELETED>    ``(i) stating that the alien has 
                        never been issued a passport or travel 
                        document; or</DELETED>
                        <DELETED>    ``(ii) identifying with 
                        particularity any such passport or travel 
                        document and explaining why the alien cannot 
                        submit it.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) the qualifying relationship to the 
                principal beneficiary existed on the date on which such 
                alien was granted conditional lawful status.</DELETED>
<DELETED>    ``(c) Adjustment of Status.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the alien has been physically 
                present in the United States for at least 1 
                year;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) the alien has not otherwise acquired 
                permanent resident status.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) is a stateless person;</DELETED>
                <DELETED>    ``(B) properly applies for such adjustment 
                of status;</DELETED>
                <DELETED>    ``(C) has been physically present in the 
                United States for at least 1 year after being granted 
                conditional lawful status under subsection 
                (b);</DELETED>
                <DELETED>    ``(D) is not firmly resettled in any 
                foreign country; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Review.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Limitation.--</DELETED>
        <DELETED>    ``(1) Applicability.--The provisions of this 
        section shall only apply to aliens present in the United 
        States.</DELETED>
        <DELETED>    ``(2) Savings provision.--Nothing in this section 
        may be construed to authorize or require--</DELETED>
                <DELETED>    ``(A) the admission of any alien to the 
                United States;</DELETED>
                <DELETED>    ``(B) the parole of any alien into the 
                United States; or</DELETED>
                <DELETED>    ``(C) the grant of any motion to reopen or 
                reconsider filed by an alien after departure or removal 
                from the United States.''.</DELETED>
<DELETED>    (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.''.</DELETED>
<DELETED>    (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,''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``Sec. 210A. Protection of stateless persons in the United 
                            States.''.

<DELETED>SEC. 3406. U VISA ACCESSIBILITY.</DELETED>

<DELETED>    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).''.</DELETED>

<DELETED>SEC. 3407. REPRESENTATION AT OVERSEAS REFUGEE 
              INTERVIEWS.</DELETED>

<DELETED>    Section 207(c) (8 U.S.C. 1157(c)) is amended by adding at 
the end the following:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) was chosen by the applicant; 
                and</DELETED>
                <DELETED>    ``(B) is authorized by the Secretary of 
                Homeland Security to be recognized as the 
                representative of such applicant in an adjudication 
                under this section.</DELETED>
        <DELETED>    ``(7)(A) A decision to deny an application for 
        refugee status under this section--</DELETED>
                <DELETED>    ``(i) shall be in writing; and</DELETED>
                <DELETED>    ``(ii) shall provide, to the maximum 
                extent feasible, information on the reason for the 
                denial, including--</DELETED>
                        <DELETED>    ``(I) the facts underlying the 
                        determination; and</DELETED>
                        <DELETED>    ``(II) whether there is a waiver 
                        of inadmissibility available to the 
                        applicant.</DELETED>
        <DELETED>    ``(B) The basis of any negative credibility 
        finding shall be part of the written decision.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(C) The Secretary shall publish the standard 
        applied to a request for review.</DELETED>
        <DELETED>    ``(D) A request for review may result in the 
        decision being granted, denied, or reopened for a further 
        interview.</DELETED>
        <DELETED>    ``(E) A decision on a request for review under 
        this paragraph--</DELETED>
                <DELETED>    ``(i) shall be in writing; and</DELETED>
                <DELETED>    ``(ii) shall provide, to the maximum 
                extent feasible, information on the reason for the 
                denial.''.</DELETED>

   <DELETED>Subtitle E--Shortage of Immigration Court Resources for 
                     Removal Proceedings</DELETED>

<DELETED>SEC. 3501. SHORTAGE OF IMMIGRATION COURT PERSONNEL FOR REMOVAL 
              PROCEEDINGS.</DELETED>

<DELETED>    (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--
</DELETED>
        <DELETED>    (1) 75 in fiscal year 2014;</DELETED>
        <DELETED>    (2) 75 in fiscal year 2015; and</DELETED>
        <DELETED>    (3) 75 in fiscal year 2016.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) 30 in fiscal year 2014;</DELETED>
        <DELETED>    (2) 30 in fiscal year 2015; and</DELETED>
        <DELETED>    (3) 30 in fiscal year 2016.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 3502. IMPROVING IMMIGRATION COURT EFFICIENCY AND REDUCING 
              COSTS BY INCREASING ACCESS TO LEGAL 
              INFORMATION.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) by inserting ``(a)'' before ``In 
        any'';</DELETED>
        <DELETED>    (2) by striking ``(at no expense to the 
        Government)'';</DELETED>
        <DELETED>    (3) by striking ``he shall'' and inserting ``the 
        person shall''; and</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Appointment of Counsel in Certain Cases.--Section 
240(b)(4) (8 U.S.C. 1229a(b)(4)) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (A), by striking ``, at no 
        expense to the Government,''; and</DELETED>
        <DELETED>    (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.''.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 3503. OFFICE OF LEGAL ACCESS PROGRAMS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Legal Orientation Programs.--The legal orientation 
programs--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 3504. CODIFYING BOARD OF IMMIGRATION APPEALS.</DELETED>

<DELETED>    (a) Definition of Board Member.--Section 101(a) (8 U.S.C. 
1101(a)) is amended by adding at the end the following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.''.</DELETED>
<DELETED>    (c) Appeals.--Section 240(b)(4) (8 U.S.C. 1229a(b)(4)), as 
amended by section 3502(b), is further amended--</DELETED>
        <DELETED>    (1) in subparagraph (B), by striking ``, and'' and 
        inserting a semicolon;</DELETED>
        <DELETED>    (2) in subparagraph (C), by striking the period 
        and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by inserting after subparagraph (C) the 
        following:</DELETED>
                <DELETED>    ``(D) the alien may appeal the immigration 
                judge's decision to a 3-judge panel of the Board of 
                Immigration Appeals.''.</DELETED>
<DELETED>    (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:</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 3505. IMPROVED TRAINING FOR IMMIGRATION JUDGES AND BOARD 
              MEMBERS.</DELETED>

<DELETED>    (a) In General.--Section 240 (8 U.S.C. 1229a) is amended 
by adding at the end the following:</DELETED>
<DELETED>    ``(f) Improved Training.--</DELETED>
        <DELETED>    ``(1) Improved training for immigration judges and 
        board members.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Elements of review.--Each such 
                review shall study--</DELETED>
                        <DELETED>    ``(i) the expansion of the 
                        training program for new immigration judges and 
                        Board Members;</DELETED>
                        <DELETED>    ``(ii) continuing education 
                        regarding current developments in the field of 
                        immigration law; and</DELETED>
                        <DELETED>    ``(iii) methods to ensure that 
                        immigration judges are trained on properly 
                        crafting and dictating decisions.</DELETED>
        <DELETED>    ``(2) Improved training and guidance for staff.--
        The Director of the Executive Office for Immigration Review 
        shall--</DELETED>
                <DELETED>    ``(A) modify guidance and training 
                regarding screening standards and standards of review; 
                and</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 3506. IMPROVED RESOURCES AND TECHNOLOGY FOR IMMIGRATION 
              COURTS AND BOARD OF IMMIGRATION APPEALS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Recording System and Other Technologies.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

 <DELETED>Subtitle F--Prevention of Trafficking in Persons and Abuses 
              Involving Workers Recruited Abroad</DELETED>

<DELETED>SEC. 3601. DEFINITIONS.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (b) Other Definitions.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Secretary.--The term the ``Secretary'' means 
        the Secretary of Labor.</DELETED>
        <DELETED>    (5) Worker.--the term ``worker'' means an 
        individual or exchange visitor who is the subject of foreign 
        labor contracting activity.</DELETED>

<DELETED>SEC. 3602. DISCLOSURE.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) A signed copy of the work contract between the 
        worker and the employer.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (6) The existence of any labor organizing effort, 
        strike, lockout, or other labor dispute at the place of 
        employment.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (8) A statement, in a form specified by the 
        Secretary--</DELETED>
                <DELETED>    (A) stating that--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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</DELETED>
                <DELETED>    (B) explaining that--</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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;</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) relevant information about the 
                        procedure for filing a complaint provided for 
                        in section 3611 and</DELETED>
                        <DELETED>    (ii) the telephone number for the 
                        national human trafficking resource center 
                        hotline number.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (10) Any other information that the Secretary may 
        require by regulation.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 3603. PROHIBITION ON DISCRIMINATION.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Determinations of Discrimination.--For the purposes of 
determining the existence of unlawful discrimination under subsection 
(a)--</DELETED>
        <DELETED>    (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.);</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.).</DELETED>

<DELETED>SEC. 3604. RECRUITMENT FEES.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 3605. REGISTRATION.</DELETED>

<DELETED>    (a) Requirement to Register.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Notification.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) a set of fingerprints of the 
        applicant;</DELETED>
        <DELETED>    (3) an expeditious means to update registrations 
        and renew certificates;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (6) providing for cooperation in any investigation 
        by the Secretary or other appropriate authorities;</DELETED>
        <DELETED>    (7) providing for consent to the forfeiture of the 
        bond for failure to cooperate with these provisions;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (9) providing for consultation with other 
        appropriate Federal agencies to determine whether any reason 
        exists to deny registration to a foreign labor contractor; 
        and</DELETED>
        <DELETED>    (10) any other requirements that the Secretary may 
        prescribe.</DELETED>
<DELETED>    (d) Term of Registration.--Unless suspended or revoked, a 
certificate under this section shall be valid for 2 years.</DELETED>
<DELETED>    (e) Application Fee.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) the applicant for, or holder of, the 
        certification has knowingly made a material misrepresentation 
        in the application for such certificate;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) is a person who has been refused 
                issuance or renewal of a certificate;</DELETED>
                <DELETED>    (B) has had a certificate revoked; 
                or</DELETED>
                <DELETED>    (C) does not qualify for a certificate 
                under this section;</DELETED>
        <DELETED>    (3) the applicant for, or holder of, the 
        certification has been convicted within the preceding 5 years 
        of --</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (4) the applicant for, or holder of, the 
        certification has materially failed to comply with this 
        section.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 3606. BONDING REQUIREMENT.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Regulations.--The Secretary, by regulation, shall 
establish the conditions under which the bond amount is determined, 
paid, and forfeited.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 3607. MAINTENANCE OF LISTS.</DELETED>

<DELETED>    (a) In General.--The Secretary shall maintain--</DELETED>
        <DELETED>    (1) a list of all foreign labor contractors 
        registered under this subsection, including--</DELETED>
                <DELETED>    (A) the countries from which the 
                contractors recruit;</DELETED>
                <DELETED>    (B) the employers for whom the contractors 
                recruit;</DELETED>
                <DELETED>    (C) the visa categories and occupations 
                for which the contractors recruit; and</DELETED>
                <DELETED>    (D) the States where recruited workers are 
                employed; and</DELETED>
        <DELETED>    (2) a list of all foreign labor contractors whose 
        certificate of registration the Secretary has 
        revoked.</DELETED>
<DELETED>    (b) Updates; Availability.--The Secretary shall--
</DELETED>
        <DELETED>    (1) update the lists required by subsection (a) on 
        an ongoing basis, not less frequently than every 6 months; 
        and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Inter-agency Availability.--The Secretary shall share 
the information described in subsection (a) with the Secretary of 
State</DELETED>

<DELETED>SEC. 3608. AMENDMENT TO THE IMMIGRATION AND NATIONALITY 
              ACT.</DELETED>

<DELETED>    Section 214 (8 U.S.C. 1184) is amended by adding at the 
end the following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 3609. RESPONSIBILITIES OF SECRETARY OF STATE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 3610. ENFORCEMENT PROVISIONS.</DELETED>

<DELETED>    (a) Complaints and Investigations.--The Secretary--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Administrative Enforcement.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) a fine in an amount not more than 
                $10,000 per violation; and</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Civil Action.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) to seek remedial action, including 
                injunctive relief;</DELETED>
                <DELETED>    (B) to recover damages on behalf of any 
                worker harmed by a violation of this subsection; 
                and,</DELETED>
                <DELETED>    (C) to ensure compliance with requirements 
                of this section.</DELETED>
        <DELETED>    (2) Actions by the secretary of labor.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Actions by individuals.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (II) if such complaint is 
                                certified as a class action the court 
                                may award--</DELETED>
                                        <DELETED>    (aa) damages up to 
                                        an amount equal to the amount 
                                        of actual damages; 
                                        and</DELETED>
                                        <DELETED>    (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;</DELETED>
                        <DELETED>    (ii) reasonable attorneys' fees 
                        and costs; and</DELETED>
                        <DELETED>    (iii) such other and further 
                        relief, including declaratory and injunctive 
                        relief, as necessary to effectuate the purposes 
                        of this subtitle.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.).</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (f) Agency Liability.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (g) Retaliation.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (i) Presence During Pendency of Actions.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 3611. RULE OF CONSTRUCTION.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 3612. REGULATIONS.</DELETED>

<DELETED>    The Secretary shall prescribe such regulations as may be 
necessary to carry out this subtitle.</DELETED>

          <DELETED>Subtitle G--Interior Enforcement</DELETED>

<DELETED>SEC. 3701. CRIMINAL STREET GANGS.</DELETED>

<DELETED>    (a) Inadmissibility.--Section 212(a)(2) (8 U.S.C. 
1182(a)(2)) is amended--</DELETED>
        <DELETED>    (1) by redesignating subparagraph (F) as 
        subparagraph (L); and</DELETED>
        <DELETED>    (2) by inserting after subparagraph (E) the 
        following:</DELETED>
                <DELETED>    ``(F) Aliens in criminal street gangs.--
                </DELETED>
                        <DELETED>    ``(i) In general.--Any alien is 
                        inadmissible--</DELETED>
                                <DELETED>    ``(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--</DELETED>
                                        <DELETED>    ``(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</DELETED>
                                        <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Grounds for Deportation.--Section 237(a)(2) (8 U.S.C. 
1227(a)(2)) is amended by adding at the end the following:</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Ground of Ineligibility for Registered Provisional 
Immigrant Status.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3702. BANNING HABITUAL DRUNK DRIVERS FROM THE UNITED 
              STATES.</DELETED>

<DELETED>    (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:</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Grounds for Deportation.--Section 237(a)(2) (8 U.S.C. 
1227(a)(2)) is amended by adding at the end the following:</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 3703. SEXUAL ABUSE OF A MINOR.</DELETED>

<DELETED>    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;'';</DELETED>

<DELETED>SEC. 3704. ILLEGAL ENTRY.</DELETED>

<DELETED>    (a) In General.--Section 275 (8 U.S.C. 1325) is amended to 
read as follows:</DELETED>

<DELETED>``SEC. 275. ILLEGAL ENTRY.</DELETED>

<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) Criminal offenses.--An alien shall be 
        subject to the penalties set forth in paragraph (2) if the 
        alien--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) eludes examination or inspection by 
                an immigration officer, or a customs or agriculture 
                inspection at a port of entry; or</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Criminal penalties.--Any alien who violates 
        any provision under paragraph (1)--</DELETED>
                <DELETED>    ``(A) shall, for the first violation, be 
                fined under title 18, United States Code, imprisoned 
                not more than 12 months, or both;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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,</DELETED>
        <DELETED>shall be fined under such title, imprisoned not more 
        than 15 years, or both.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) alleged in the indictment or 
                information; and</DELETED>
                <DELETED>    ``(B) proven beyond a reasonable doubt at 
                trial or admitted by the defendant under oath as part 
                of a plea agreement.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) not less than $250 or more than $5000 for 
        each such entry, crossing, attempted entry, or attempted 
        crossing; or</DELETED>
        <DELETED>    ``(2) twice the amount specified in paragraph (1) 
        if the alien had previously been subject to a civil penalty 
        under this subsection.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of contents is amended 
by striking the item relating to section 275 and inserting the 
following:</DELETED>

<DELETED>``Sec. 275. Illegal entry.''.
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect one year after the date of the enactment of this 
Act.</DELETED>

<DELETED>SEC. 3705. REENTRY OF REMOVED ALIEN.</DELETED>

<DELETED>    Section 276 (8 U.S.C. 1326) is amended to read as 
follows:</DELETED>

<DELETED>``SEC. 276. REENTRY OF REMOVED ALIEN.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Reentry of Criminal Offenders.--Notwithstanding the 
penalty provided in subsection (a), if an alien described in that 
subsection--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) alleged in the indictment or information; 
        and</DELETED>
        <DELETED>    ``(2) proven beyond a reasonable doubt at trial or 
        admitted by the defendant under oath as part of a plea 
        agreement.</DELETED>
<DELETED>    ``(e) Affirmative Defenses.--It shall be an affirmative 
defense to a violation of this section that--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) the alien exhausted any administrative 
        remedies that may have been available to seek relief against 
        the order;</DELETED>
        <DELETED>    ``(2) the deportation proceedings at which the 
        order was issued improperly deprived the alien of the 
        opportunity for judicial review; and</DELETED>
        <DELETED>    ``(3) the entry of the order was fundamentally 
        unfair.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(i) Definitions.--In this section:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 3706. PENALTIES RELATED TO REMOVAL.</DELETED>

<DELETED>    (a) Penalties Relating to Vessels and Aircraft.--Section 
243(c) (8 U.S.C. 1253(c)) is amended--</DELETED>
        <DELETED>    (1) by striking ``Attorney General'' each place 
        such term appears and inserting ``Secretary of Homeland 
        Security''; and</DELETED>
        <DELETED>    (2) by striking ``Commissioner'' each place such 
        term appears and inserting ``Secretary of Homeland Security''; 
        and</DELETED>
        <DELETED>    (3) in paragraph (1)--</DELETED>
                <DELETED>    (A) in subparagraph (A), by striking 
                ``$2,000'' and inserting ``$5,000'';</DELETED>
                <DELETED>    (B) in subparagraph (B), by striking 
                ``$5,000'' and inserting ``$10,000'';</DELETED>
                <DELETED>    (C) by amending paragraph (1)(C) to read 
                as follows:</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    (D) by inserting at the end the 
                following:</DELETED>
                <DELETED>    ``(D) Exception.--A person, acting without 
                compensation or the expectation of compensation, is not 
                subject to penalties under this paragraph if the person 
                is--</DELETED>
                        <DELETED>    ``(i) providing, or attempting to 
                        provide, an alien with humanitarian assistance, 
                        including emergency medical care or food or 
                        water; or</DELETED>
                        <DELETED>    ``(ii) transporting the alien to a 
                        location where such humanitarian assistance can 
                        be rendered without compensation or the 
                        expectation of compensation.''.</DELETED>

<DELETED>SEC. 3707. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD 
              OFFENSES.</DELETED>

<DELETED>    (a) Trafficking in Passports.--Section 1541 of title 18, 
United States Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 1541. Trafficking in passports</DELETED>
<DELETED>    ``(a) Multiple Passports.--Subject to subsection (b), any 
person who, during any period of 3 years or less, knowingly--</DELETED>
        <DELETED>    ``(1) and without lawful authority produces, 
        issues, or transfers 3 or more passports;</DELETED>
        <DELETED>    ``(2) forges, counterfeits, alters, or falsely 
        makes 3 or more passports;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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,</DELETED>
<DELETED>shall be fined under this title, imprisoned not more than 20 
years, or both.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) False Statement in an Application for a Passports.--
Section 1542 of title 18, United States Code, is amended to read as 
follows:</DELETED>
<DELETED>``Sec. 1542. False statement in an application for a 
              passport</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Venue.--</DELETED>
        <DELETED>    ``(1) In general.--An offense under subsection (a) 
        may be prosecuted in any district--</DELETED>
                <DELETED>    ``(A) in which the false statement or 
                representation was made or the application for a United 
                States passport was prepared or signed; or</DELETED>
                <DELETED>    ``(B) in which or to which the application 
                was mailed or presented.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Savings Clause.--Nothing in this section may be 
construed to limit the venue otherwise available under sections 3237 
and 3238 of this title.''.</DELETED>
<DELETED>    (c) Misuse of a Passport.--Section 1544 of title 18, 
United States Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 1544. Misuse of a passport</DELETED>
<DELETED>    ``Any person who knowingly--</DELETED>
        <DELETED>    ``(1) misuses for their own purposes any passport 
        issued or designed for the use of another;</DELETED>
        <DELETED>    ``(2) uses any passport in violation of the laws, 
        regulations, or rules governing the issuance and use of the 
        passport;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(4) substantially violates the terms and 
        conditions of any safe conduct duly obtained and issued under 
        the authority of the United States,</DELETED>
<DELETED>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.''.</DELETED>
<DELETED>    (d) Schemes to Provide Fraudulent Immigration Services.--
Section 1545 of title 18, United States Code, is amended to read as 
follows:</DELETED>
<DELETED>``Sec. 1545. Schemes to provide fraudulent immigration 
              services</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) defraud any person; or</DELETED>
        <DELETED>    ``(2) obtain or receive money or anything else of 
        value from any person by means of false or fraudulent 
        pretenses, representations, or promises,</DELETED>
<DELETED>shall be fined under this title, imprisoned not more than 10 
years, or both.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (e) Immigration and Visa Fraud.--Section 1546 of title 18, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) by amending the section heading to read as 
        follows:</DELETED>
<DELETED>``Sec. 1546. Immigration and visa fraud'';</DELETED>
        <DELETED>    and</DELETED>
        <DELETED>    (2) by striking subsections (b) and (c) and 
        inserting the following:</DELETED>
<DELETED>    ``(b) Trafficking.--Any person who, during any period of 3 
years or less, knowingly--</DELETED>
        <DELETED>    ``(1) and without lawful authority produces, 
        issues, or transfers 3 or more immigration documents;</DELETED>
        <DELETED>    ``(2) forges, counterfeits, alters, or falsely 
        makes 3 or more immigration documents;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(4) completes, mails, prepares, presents, signs, 
        or submits 3 or more immigration documents knowing the 
        documents to contain any materially false statement or 
        representation,</DELETED>
<DELETED>shall be fined under this title, imprisoned not more than 20 
years, or both.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (f) Alternative Imprisonment Maximum for Certain 
Offenses.--Section 1547 of title 18, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in the matter preceding paragraph (1), by 
        striking ``(other than an offense under section 
        1545)'';</DELETED>
        <DELETED>    (2) in paragraph (1), by striking ``15'' and 
        inserting ``20''; and</DELETED>
        <DELETED>    (3) in paragraph (2), by striking ``20'' and 
        inserting ``25''.</DELETED>
<DELETED>    (g) Authorized Law Enforcement Activities.--Chapter 75 of 
title 18, United States Code, is amended by adding after section 1547 
the following:</DELETED>
<DELETED>``Sec. 1548. Authorized law enforcement activities</DELETED>
<DELETED>    ``Nothing in this chapter may be construed to prohibit--
</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) any activity authorized under title V of the 
        Organized Crime Control Act of 1970 (Public Law 91-452; 84 
        Stat. 933).''.</DELETED>
<DELETED>    (h) Table of Sections Amendment.--The table of sections 
for chapter 75 of title 18, United States Code, is amended to read as 
follows:</DELETED>

<DELETED>``Sec.
<DELETED>``1541. Trafficking in passports.
<DELETED>``1542. False statement in an application for a passport.
<DELETED>``1543. Forgery or false use of a passport.
<DELETED>``1544. Misuse of a passport.
<DELETED>``1545. Schemes to provide fraudulent immigration services.
<DELETED>``1546. Immigration and visa fraud.
<DELETED>``1547. Alternative imprisonment maximum for certain offenses.
<DELETED>``1548. Authorized law enforcement activities.''.

<DELETED>SEC. 3708. COMBATING SCHEMES TO DEFRAUD ALIENS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Definitions.--In this section:</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3709. INADMISSIBILITY AND REMOVAL FOR PASSPORT AND 
              IMMIGRATION FRAUD OFFENSES.</DELETED>

<DELETED>    (a) Inadmissibility.--Section 212(a)(2)(A)(i) (8 U.S.C. 
1182(a)(2)(A)(i)) is amended--</DELETED>
        <DELETED>    (1) in subclause (I), by striking ``, or'' at the 
        end and inserting a semicolon;</DELETED>
        <DELETED>    (2) in subclause (II), by striking the comma at 
        the end and inserting ``; or''; and</DELETED>
        <DELETED>    (3) by inserting after subclause (II) the 
        following:</DELETED>
                                <DELETED>    ``(III) a violation of 
                                section 1541, 1545, and subsection (b) 
                                of section 1546 of title 18, United 
                                States Code,''.</DELETED>
<DELETED>    (b) Removal.--Section 237(a)(3)(B)(iii) (8 U.S.C. 
1227(a)(3)(B)(iii)) is amended to read as follows:</DELETED>
                        <DELETED>    ``(ii) a violation of section 
                        1541, 1545, and subsection (b) of section 1546 
                        of title 18, United States Code,''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 3710. DIRECTIVES RELATED TO PASSPORT AND DOCUMENT 
              FRAUD.</DELETED>

<DELETED>    (a) Directive to the United States Sentencing 
Commission.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the Committee on the Judiciary of the 
                Senate; and</DELETED>
                <DELETED>    (B) the Committee on the Judiciary of the 
                House of Representatives.</DELETED>
<DELETED>    (b) Protection for Legitimate Refugees and Asylum 
Seekers.--</DELETED>
        <DELETED>    (1) In general.--</DELETED>
                <DELETED>    (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)).</DELETED>
                <DELETED>    (B) No private right of action.--The 
                guidelines developed pursuant to subparagraph (A), and 
                any internal office procedures related to such 
                guidelines--</DELETED>
                        <DELETED>    (i) are intended solely for the 
                        guidance of attorneys of the United States; 
                        and</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (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.).</DELETED>
        <DELETED>    (3) Persons seeking protection, classification, or 
        status.--A person described in this paragraph is a person who--
        </DELETED>
                <DELETED>    (A) is seeking protection, classification, 
                or status; and</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (iv) has filed an application for 
                classification or status under--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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)).</DELETED>

<DELETED>SEC. 3711. INADMISSIBLE ALIENS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (b) Biometric Screening.--Section 212 (8 U.S.C. 1182) is 
amended--</DELETED>
        <DELETED>    (1) in subsection (a)(7), by adding at the end the 
        following:</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    (2) in subsection (d), by inserting after 
        paragraph (1) the following:</DELETED>
        <DELETED>    ``(2) The Secretary may waive the application of 
        subsection (a)(7)(C) for an individual alien or a class of 
        aliens.''.</DELETED>
<DELETED>    (c) Precluding Admissibility of Aliens Convicted of 
Serious Criminal Offenses and Domestic Violence, Stalking, Child Abuse 
and Violation of Protection Orders.--</DELETED>
        <DELETED>    (1) Inadmissibility on criminal and related 
        grounds; waivers.--Section 212 (8 U.S.C. 1182), as amended by 
        section 3302, is further amended--</DELETED>
                <DELETED>    (A) in subsection (a)(2), as amended by 
                sections 3401 and 3402, is further amended by inserting 
                after subparagraph (J) the following:</DELETED>
                <DELETED>    ``(K) Crimes of domestic violence, 
                stalking, or violation of protective orders; crimes 
                against children.--</DELETED>
                        <DELETED>    ``(i) Domestic violence, stalking, 
                        and child abuse.--</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Violators of protection 
                        orders.--</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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--
                        </DELETED>
                                <DELETED>    ``(I) the alien was acting 
                                in self-defense;</DELETED>
                                <DELETED>    ``(II) the alien was found 
                                to have violated a protection order 
                                intended to protect the alien; 
                                or</DELETED>
                                <DELETED>    ``(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.'';</DELETED>
                <DELETED>    (B) in subsection (h)--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) by inserting ``or Secretary 
                        of Homeland Security'' after ``the Attorney 
                        General'' each place that term 
                        appears.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3712. ORGANIZED AND ABUSIVE HUMAN SMUGGLING 
              ACTIVITIES.</DELETED>

<DELETED>    (a) Enhanced Penalties.--</DELETED>
        <DELETED>    (1) In general.--Title II (8 U.S.C. 1151 et seq.) 
        is amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 295. ORGANIZED HUMAN SMUGGLING.</DELETED>

<DELETED>    ``(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)--</DELETED>
        <DELETED>    ``(1) to enter, attempt to enter, or prepare to 
        enter the United States--</DELETED>
                <DELETED>    ``(A) by fraud, falsehood, or other 
                corrupt means;</DELETED>
                <DELETED>    ``(B) at any place other than a port or 
                place of entry designated by the Secretary; 
                or</DELETED>
                <DELETED>    ``(C) in a manner not prescribed by the 
                immigration laws and regulations of the United States; 
                or</DELETED>
        <DELETED>    ``(2) to travel by air, land, or sea toward the 
        United States (whether directly or indirectly)--</DELETED>
                <DELETED>    ``(A) knowing that the persons seek to 
                enter or attempt to enter the United States without 
                lawful authority; and</DELETED>
                <DELETED>    ``(B) with the intent to aid or further 
                such entry or attempted entry; or</DELETED>
        <DELETED>    ``(3) to be transported or moved outside of the 
        United States--</DELETED>
                <DELETED>    ``(A) knowing that such persons are aliens 
                in unlawful transit from one country to another or on 
                the high seas; and</DELETED>
                <DELETED>    ``(B) under circumstances in which the 
                persons are in fact seeking to enter the United States 
                without official permission or legal 
                authority;</DELETED>
        <DELETED>shall be punished as provided in subsection (c) or 
        (d).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Enhanced Penalties.--Any person who violates 
subsection (a) or (b) shall--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;''.</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Lawful Authority Defined.--</DELETED>
        <DELETED>    ``(1) In general.--In this section, the term 
        `lawful authority'--</DELETED>
                <DELETED>    ``(A) means permission, authorization, or 
                license that is expressly provided for in the 
                immigration laws of the United States or accompanying 
                regulations: and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 296. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND 
              CUSTOMS CONTROLS.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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</DELETED>
<DELETED>    ``(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.''.</DELETED>
        <DELETED>    (2) Table of contents amendment.--The table of 
        contents is amended by adding after the item relating to 
        section 294 the following:</DELETED>

<DELETED>``Sec. 295. Organized human smuggling.
<DELETED>``Sec. 296. Unlawfully hindering immigration, border, and 
                            customs controls.''.
<DELETED>    (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--</DELETED>
        <DELETED>    (1) in paragraph (1)--</DELETED>
                <DELETED>    (A) in subparagraph (A), by inserting ``, 
                alien smuggling crime,'' after ``crime of violence'' 
                each place that term appears; and</DELETED>
                <DELETED>    (B) in subparagraph (D)(ii), by inserting 
                ``, alien smuggling crime,'' after ``crime of 
                violence''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(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).''.</DELETED>
<DELETED>    (c) Statute of Limitations.--Section 3298 of title 18, 
United States Code, is amended by inserting ``, 295, 296, or 297'' 
after ``274(a)''.</DELETED>

<DELETED>SEC. 3713. PREVENTING CRIMINALS FROM RENOUNCING CITIZENSHIP 
              DURING WARTIME.</DELETED>

<DELETED>    Section 349(a) (8 U.S.C. 1481(a) is amended--</DELETED>
        <DELETED>    (1) by striking paragraph (6) ; and</DELETED>
        <DELETED>    (2) redesignating paragraph (7) as paragraph 
        (6).</DELETED>

<DELETED>SEC. 3714. DIPLOMATIC SECURITY SERVICE.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    ``(1) conduct investigations concerning--
        </DELETED>
                <DELETED>    ``(A) illegal passport or visa issuance or 
                use;</DELETED>
                <DELETED>    ``(B) identity theft or document fraud 
                affecting or relating to the programs, functions, and 
                authorities of the Secretary of State;</DELETED>
                <DELETED>    ``(C) violations of chapter 77 of title 
                18, United States Code; and</DELETED>
                <DELETED>    ``(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);''.</DELETED>

<DELETED>SEC. 3715. SECURE ALTERNATIVES PROGRAMS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 3716. OVERSIGHT OF DETENTION FACILITIES.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Oversight Requirements.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Routine oversight.--In addition to annual 
        inspections, the Secretary shall conduct routine oversight of 
        detention facilities, including unannounced 
        inspections.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Consultation.--The Secretary shall seek input 
        from nongovernmental organizations regarding their independent 
        opinion of specific facilities.</DELETED>
<DELETED>    (d) Compliance Mechanisms.--</DELETED>
        <DELETED>    (1) Agreements.--</DELETED>