#aacth ,,congress #ast ,session ,s4 #gdd ,,an ,,act ,to provide for comprehensive immigration reform and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,statement of congressional findings4 ,sec4 #c4 ,effective date triggers4 ,sec4 #d4 ,southern ,border ,security ,commission4 ,sec4 #e4 ,comprehensive ,southern ,border ,security ,strategy and ,southern ,border ,fencing ,strategy4 ,sec4 #f4 ,comprehensive ,immigration ,reform ,funds4 ,sec4 #g4 ,reference to the ,immigration and ,nationality ,act4 ,sec4 #h4 ,definitions4 ,sec4 #i4 ,grant accountability4 ,,title ,i--,border ,security and other provisions ,subtitle ,a--,border ,security ,sec4 #aaja4 ,definitions4 ,sec4 #aajb4 ,additional ,u4,s4 ,border ,patrol and ,u4,s4 ,customs and ,border ,protection officers4 ,sec4 #aajc4 ,national ,guard support to secure the ,southern border4 ,sec4 #aajd4 ,enhancement of existing border security operations4 ,sec4 #aaje4 ,border security on certain ,federal land4 ,sec4 #aajf4 ,equipment and technology4 ,sec4 #aajg4 ,access to emergency personnel4 ,sec4 #aajh4 ,southwest ,border ,region ,prosecution ,initiative4 ,sec4 #aaji4 ,interagency collaboration4 ,sec4 #aaaj4 ,state ,criminal ,alien ,assistance ,program4 ,sec4 #aaaa4 ,use of force4 ,sec4 #aaab4 ,training for border security and immigration enforcement officers4 ,sec4 #aaac4 ,department of ,homeland ,security ,border ,oversight ,task ,force4 ,sec4 #aaad4 ,ombudsman for ,immigration ,related ,concerns of the ,department of ,homeland ,security4 ,sec4 #aaae4 ,protection of family values in apprehension programs4 ,sec4 #aaaf4 ,oversight of power to enter private land and stop vehicles without a warrant at the ,northern border4 ,sec4 #aaag4 ,reports4 ,sec4 #aaah4 ,severability and delegation4 ,sec4 #aaai4 ,prohibition on new land border crossing fees4 ,sec4 #aabj4 ,human ,trafficking ,reporting4 ,sec4 #aaba4 ,rule of construction4 ,sec4 #aabb4 ,limitations on dangerous deportation practices4 ,sec4 #aabc4 ,maximum allowable costs of salaries of contractor employees4 ,subtitle ,b--,other matters ,sec4 #abja4 ,removal of nonimmigrants who overstay their visas4 ,sec4 #abjb4 ,visa overstay notification pilot program4 ,sec4 #abjc4 ,preventing unauthorized immigration transiting through ,mexico4 ,,title ,,ii--,immigrant visas ,subtitle ,a--,registration and adjustment of registered provisional immigrants ,sec4 #baja4 ,registered provisional immigrant status4 ,sec4 #bajb4 ,adjustment of status of registered provisional immigrants4 ,sec4 #bajc4 ,the ,,dream ,act4 ,sec4 #bajd4 ,additional requirements4 ,sec4 #baje4 ,criminal penalty4 ,sec4 #bajf4 ,grant program to assist eligible applicants4 ,sec4 #bajg4 ,conforming amendments to the ,social ,security ,act4 ,sec4 #bajh4 ,government contracting and acquisition of real property interest4 ,sec4 #baji4 ,long-term legal residents of the ,commonwealth of the ,northern ,mariana ,islands4 ,sec4 #baaj4 ,rulemaking4 ,sec4 #baaa4 ,statutory construction4 ,subtitle ,b--,agricultural ,worker ,program ,sec4 #bbja4 ,short title4 ,sec4 #bbjb4 ,definitions4 ,chapter #a--,program for earned status adjustment of agricultural workers ,,subchapter ,a--,blue card status ,sec4 #bbaa4 ,requirements for blue card status4 ,sec4 #bbab4 ,adjustment to permanent resident status4 ,sec4 #bbac4 ,use of information4 ,sec4 #bbad4 ,reports on blue cards4 ,sec4 #bbae4 ,authorization of appropriations4 ,,subchapter ,b--,correction of social security records ,sec4 #bbba4 ,correction of social security records4 ,chapter #b--,nonimmigrant agricultural visa program ,sec4 #bbca4 ,nonimmigrant classification for nonimmigrant agricultural workers4 ,sec4 #bbcb4 ,establishment of nonimmigrant agricultural worker program4 ,sec4 #bbcc4 ,transition of ,h-#b;,a ,worker ,program4 ,sec4 #bbcd4 ,reports to ,congress on nonimmigrant agricultural workers4 ,chapter #c--,other provisions ,sec4 #bbda4 ,rulemaking4 ,sec4 #bbdb4 ,reports to ,congress4 ,sec4 #bbdc4 ,benefits integrity programs4 ,sec4 #bbdd4 ,effective date4 ,subtitle ,c--,future immigration ,sec4 #bcja4 ,merit-based points track one4 ,sec4 #bcjb4 ,merit-based track two4 ,sec4 #bcjc4 ,repeal of the diversity visa program4 ,sec4 #bcjd4 ,worldwide levels and recapture of unused immigrant visas4 ,sec4 #bcje4 ,reclassification of spouses and minor children of lawful permanent residents as immediate relatives4 ,sec4 #bcjf4 ,numerical limitations on individual foreign states4 ,sec4 #bcjg4 ,allocation of immigrant visas4 ,sec4 #bcjh4 ,inclusion of communities adversely affected by a recommendation of the ,defense ,base ,closure and ,realignment ,commission as targeted employment areas4 ,sec4 #bcji4 ,v nonimmigrant visas4 ,sec4 #bcaj4 ,fiance and fianc child status protection4 ,sec4 #bcaa4 ,equal treatment for all stepchildren4 ,sec4 #bcab4 ,modification of adoption age requirements4 ,sec4 #bcac4 ,relief for orphans1 widows1 and widowers4 ,sec4 #bcad4 ,discretionary authority with respect to removal1 deportation1 or inadmissibility of citizen and resident immediate family members4 ,sec4 #bcae4 ,waivers of inadmissibility4 ,sec4 #bcaf4 ,continuous presence4 ,sec4 #bcag4 ,global health care cooperation4 ,sec4 #bcah4 ,extension and improvement of the ,iraqi special immigrant visa program4 ,sec4 #bcai4 ,extension and improvement of the ,afghan special immigrant visa program4 ,sec4 #bcbj4 ,special ,immigrant ,nonminister ,religious ,worker ,program4 ,sec4 #bcba4 ,special immigrant status for certain surviving spouses and children4 ,sec4 #bcbb4 ,reunification of certain families of ,filipino veterans of ,world ,war ,,ii4 ,sec4 #bcbc4 ,ensuring compliance with restrictions on welfare and public benefits for aliens4 ,subtitle ,d--,conrad ,state #cj and physician access ,sec4 #bdja4 ,conrad ,state #cj ,program4 ,sec4 #bdjb4 ,retaining physicians who have practiced in medically underserved communities4 ,sec4 #bdjc4 ,employment protections for physicians4 ,sec4 #bdjd4 ,allotment of ,conrad #cj waivers4 ,sec4 #bdje4 ,amendments to the procedures1 definitions1 and other provisions related to physician immigration4 ,subtitle ,e--,integration ,sec4 #beja4 ,definitions4 ,chapter #a--;,citizenship and ,new ,americans ,,subchapter ,a--,office of ,citizenship and ,new ,americans ,sec4 #beaa4 ,office of ,citizenship and ,new ,americans4 ,,subchapter ,b--,task ,force on ,new ,americans ,sec4 #beba4 ,establishment4 ,sec4 #bebb4 ,purpose4 ,sec4 #bebc4 ,membership4 ,sec4 #bebd4 ,functions4 ,chapter #b--,public-private partnership ,sec4 #beca4 ,establishment of ,united ,states ,citizenship ,foundation4 ,sec4 #becb4 ,funding4 ,sec4 #becc4 ,purposes4 ,sec4 #becd4 ,authorized activities4 ,sec4 #bece4 ,council of directors4 ,sec4 #becf4 ,powers4 ,sec4 #becg4 ,initial ,entry1 ,adjustment1 and ,citizenship ,assistance ,grant ,program4 ,sec4 #bech4 ,pilot program to promote immigrant integration at ,state and local levels4 ,sec4 #beci4 ,naturalization ceremonies4 ,chapter #c--;,funding ,sec4 #beda4 ,authorization of appropriations4 ,chapter #d--,reduce barriers to naturalization ,sec4 #beea4 ,waiver of ,english requirement for senior new ,americans4 ,sec4 #beeb4 ,filing of applications not requiring regular internet access4 ,sec4 #beec4 ,permissible use of assisted housing by battered immigrants4 ,sec4 #beed4 ,united ,states citizenship for internationally adopted individuals4 ,sec4 #beee4 ,treatment of certain persons as having satisfied ,english and civics1 good moral character1 and honorable service and discharge requirements for naturalization4 ,,title ,,iii--,interior enforcement ,subtitle ,a--,employment ,verification ,system ,sec4 #caja4 ,unlawful employment of unauthorized aliens4 ,sec4 #cajb4 ,increasing security and integrity of social security cards4 ,sec4 #cajc4 ,increasing security and integrity of immigration documents4 ,sec4 #cajd4 ,responsibilities of the ,social ,security ,administration4 ,sec4 #caje4 ,improved prohibition on discrimination based on national origin or citizenship status4 ,sec4 #cajf4 ,rulemaking4 ,sec4 #cajg4 ,office of the ,small ,business and ,employee ,advocate4 ,subtitle ,b--,protecting ,united ,states workers ,sec4 #cbja4 ,protections for victims of serious violations of labor and employment law or crime4 ,sec4 #cbjb4 ,employment ,verification ,system ,education ,funding4 ,sec4 #cbjc4 ,directive to the ,united ,states ,sentencing ,commission4 ,subtitle ,c--,other provisions ,sec4 #ccja4 ,funding4 ,sec4 #ccjb4 ,effective date4 ,sec4 #ccjc4 ,mandatory exit system4 ,sec4 #ccjd4 ,identity-theft resistant manifest information for passengers1 crew1 and non-crew onboard departing aircraft and vessels4 ,sec4 #ccje4 ,profiling4 ,sec4 #ccjf4 ,enhanced penalties for certain drug offenses on ,federal lands4 ,subtitle ,d--,asylum and refugee provisions ,sec4 #cdjj4 ,short title4 ,sec4 #cdja4 ,time limits and efficient adjudication of genuine asylum claims4 ,sec4 #cdjb4 ,refugee family protections4 ,sec4 #cdjc4 ,clarification on designation of certain refugees4 ,sec4 #cdjd4 ,asylum determination efficiency4 ,sec4 #cdje4 ,stateless persons in the ,united ,states4 ,sec4 #cdjf4 ,u visa accessibility4 ,sec4 #cdjg4 ,work authorization while applications for ,u and ,t visas are pending4 ,sec4 #cdjh4 ,representation at overseas refugee interviews4 ,sec4 #cdji4 ,law enforcement and national security checks4 ,sec4 #cdaj4 ,tibetan refugee assistance4 ,sec4 #cdaa4 ,termination of asylum or refugee status4 ,sec4 #cdab4 ,asylum clock4 ,subtitle ,e--,shortage of immigration court resources for removal proceedings ,sec4 #ceja4 ,shortage of immigration court personnel for removal proceedings4 ,sec4 #cejb4 ,improving immigration court efficiency and reducing costs by increasing access to legal information4 ,sec4 #cejc4 ,office of ,legal ,access ,programs4 ,sec4 #cejd4 ,codifying ,board of ,immigration ,appeals4 ,sec4 #ceje4 ,improved training for immigration judges and ,board ,members4 ,sec4 #cejf4 ,improved resources and technology for immigration courts and ,board of ,immigration ,appeals4 ,sec4 #cejg4 ,transfer of responsibility for trafficking protections4 ,subtitle ,f--,prevention of trafficking in persons and abuses involving workers recruited abroad ,sec4 #cfja4 ,definitions4 ,sec4 #cfjb4 ,disclosure4 ,sec4 #cfjc4 ,prohibition on discrimination4 ,sec4 #cfjd4 ,recruitment fees4 ,sec4 #cfje4 ,registration4 ,sec4 #cfjf4 ,bonding requirement4 ,sec4 #cfjg4 ,maintenance of lists4 ,sec4 #cfjh4 ,amendment to the ,immigration and ,nationality ,act4 ,sec4 #cfji4 ,responsibilities of ,secretary of ,state4 ,sec4 #cfaj4 ,enforcement provisions4 ,sec4 #cfaa4 ,detecting and preventing child trafficking4 ,sec4 #cfab4 ,protecting child trafficking victims4 ,sec4 #cfac4 ,rule of construction4 ,sec4 #cfad4 ,regulations4 ,subtitle ,g--,interior enforcement ,sec4 #cgja4 ,criminal street gangs4 ,sec4 #cgjb4 ,banning habitual drunk drivers from the ,united ,states4 ,sec4 #cgjc4 ,sexual abuse of a minor4 ,sec4 #cgjd4 ,illegal entry4 ,sec4 #cgje4 ,reentry of removed alien4 ,sec4 #cgjf4 ,penalties relating to vessels and aircraft4 ,sec4 #cgjg4 ,reform of passport1 visa1 and immigration fraud offenses4 ,sec4 #cgjh4 ,combating schemes to defraud aliens4 ,sec4 #cgji4 ,inadmissibility and removal for passport and immigration fraud offenses4 ,sec4 #cgaj4 ,directives related to passport and document fraud4 ,sec4 #cgaa4 ,inadmissible aliens4 ,sec4 #cgab4 ,organized and abusive human smuggling activities4 ,sec4 #cgac4 ,preventing criminals from renouncing citizenship during wartime4 ,sec4 #cgad4 ,diplomatic security service4 ,sec4 #cgae4 ,secure alternatives programs4 ,sec4 #cgaf4 ,oversight of detention facilities4 ,sec4 #cgag4 ,procedures for bond hearings and filing of notices to appear4 ,sec4 #cgah4 ,sanctions for countries that delay or prevent repatriation of their nationals4 ,sec4 #cgai4 ,gross violations of human rights4 ,sec4 #cgbj4 ,reporting and record keeping requirements relating to the detention of aliens4 ,sec4 #cgba4 ,powers of immigration officers and employees at sensitive locations4 ,subtitle ,h--,protection of ,children ,affected by ,immigration ,enforcement ,sec4 #chja4 ,short title4 ,sec4 #chjb4 ,definitions4 ,sec4 #chjc4 ,apprehension procedures for immigration enforcement-related activities4 ,sec4 #chjd4 ,access to children1 ,state and local courts1 child welfare agencies1 and consular officials4 ,sec4 #chje4 ,mandatory training4 ,sec4 #chjf4 ,rulemaking4 ,sec4 #chjg4 ,severability4 ,subtitle ,i--,providing tools ,to exchange visitors and exchange visitor sponsors ,to protect exchange visitor program participants and prevent trafficking ,sec4 #cija4 ,definitions4 ,sec4 #cijb4 ,disclosure4 ,sec4 #cijc4 ,prohibition on discrimination4 ,sec4 #cijd4 ,fees4 ,sec4 #cije4 ,annual notification4 ,sec4 #cijf4 ,bonding requirement4 ,sec4 #cijg4 ,maintenance of lists4 ,sec4 #cijh4 ,amendment to the ,immigration and ,nationality ,act4 ,sec4 #ciji4 ,responsibilities of ,secretary of ,state4 ,sec4 #ciaj4 ,enforcement provisions4 ,sec4 #ciaa4 ,audits and transparency4 ,,title ,,iv--,reforms to nonimmigrant visa programs ,subtitle ,a--,employment-based nonimmigrant visas ,sec4 #daja4 ,market-based ,h-#a;,b ,visa limits4 ,sec4 #dajb4 ,employment authorization for dependents of employment-based nonimmigrants4 ,sec4 #dajc4 ,eliminating impediments to worker mobility4 ,sec4 #dajd4 ,,stem education and training4 ,sec4 #daje4 ,h-#a;,b and ,l ,visa fees4 ,subtitle ,b--,h-#a;,b visa fraud and abuse protections ,chapter #a--;,h-#a;,b ,employer ,application ,requirements ,sec4 #dbaa4 ,modification of application requirements4 ,sec4 #dbab4 ,requirements for admission of nonimmigrant nurses in health professional shortage areas4 ,sec4 #dbac4 ,new application requirements4 ,sec4 #dbad4 ,application review requirements4 ,chapter #b--;,investigation and ,disposition of ,complaints ,against ,h-#a;,b ,employers ,sec4 #dbba4 ,general modification of procedures for investigation and disposition4 ,sec4 #dbbb4 ,investigation1 working conditions1 and penalties4 ,sec4 #dbbc4 ,initiation of investigations4 ,sec4 #dbbd4 ,information sharing4 ,sec4 #dbbe4 ,transparency of high-skilled immigration programs4 ,chapter #c--,other protections ,sec4 #dbca4 ,posting available positions through the ,department of ,labor4 ,sec4 #dbcb4 ,requirements for information for ,h-#a;,b and ,l nonimmigrants4 ,sec4 #dbcc4 ,filing fee for ,h-#a;,b-dependent employers4 ,sec4 #dbcd4 ,providing premium processing of employment-based visa petitions4 ,sec4 #dbce4 ,technical correction4 ,sec4 #dbcf4 ,application4 ,sec4 #dbcg4 ,portability for beneficiaries of immigrant petitions4 ,subtitle ,c--,l visa fraud and abuse protections ,sec4 #dcja4 ,prohibition on outplacement of ,l nonimmigrants4 ,sec4 #dcjb4 ,l employer petition requirements for employment at new offices4 ,sec4 #dcjc4 ,cooperation with ,secretary of ,state4 ,sec4 #dcjd4 ,limitation on employment of ,l nonimmigrants4 ,sec4 #dcje4 ,filing fee for ,l nonimmigrants4 ,sec4 #dcjf4 ,investigation and disposition of complaints against ,l nonimmigrant employers4 ,sec4 #dcjg4 ,penalties4 ,sec4 #dcjh4 ,prohibition on retaliation against ,l nonimmigrants4 ,sec4 #dcji4 ,reports on ,l nonimmigrants4 ,sec4 #dcaj4 ,application4 ,sec4 #dcaa4 ,report on ,l blanket petition process4 ,subtitle ,d--,other nonimmigrant visas ,sec4 #ddja4 ,nonimmigrant visas for students4 ,sec4 #ddjb4 ,classification for specialty occupation workers from free trade countries4 ,sec4 #ddjc4 ,e-visa reform4 ,sec4 #ddjd4 ,other changes to nonimmigrant visas4 ,sec4 #ddje4 ,treatment of nonimmigrants during adjudication of application4 ,sec4 #ddjf4 ,nonimmigrant elementary and secondary school students4 ,sec4 #ddjg4 ,j-#a ,summer ,work ,travel ,visa ,exchange ,visitor ,program fee4 ,sec4 #ddjh4 ,j visa eligibility4 ,sec4 #ddji4 ,f-#a ,visa fee4 ,sec4 #ddaj4 ,pilot program for remote ,b nonimmigrant visa interviews4 ,sec4 #ddaa4 ,providing consular officers with access to all terrorist databases and requiring heightened scrutiny of applications for admission from persons listed on terrorist databases4 ,sec4 #ddab4 ,visa revocation information4 ,sec4 #ddac4 ,status for certain battered spouses and children4 ,sec4 #ddad4 ,nonimmigrant crewmen landing temporarily in ,hawaii4 ,sec4 #ddae4 ,treatment of compact of free association migrants4 ,sec4 #ddaf4 ,international participation in the performing arts4 ,sec4 #ddag4 ,limitation on eligibility of certain nonimmigrants for health-related programs4 ,subtitle ,e--,,jolt ,act ,sec4 #deja4 ,short titles4 ,sec4 #dejb4 ,premium processing4 ,sec4 #dejc4 ,encouraging ,canadian tourism to the ,united ,states4 ,sec4 #dejd4 ,retiree visa4 ,sec4 #deje4 ,incentives for foreign visitors visiting the ,united ,states during low peak seasons4 ,sec4 #dejf4 ,visa waiver program enhanced security and reform4 ,sec4 #dejg4 ,expediting entry for priority visitors4 ,sec4 #dejh4 ,visa processing4 ,sec4 #deji4 ,b ,visa fee4 ,subtitle ,f--,reforms to the ,h-#b;,b ,visa ,program ,sec4 #dfja4 ,extension of returning worker exemption to ,h-#b;,b numerical limitation4 ,sec4 #dfjb4 ,other requirements for ,h-#b;,b employers4 ,sec4 #dfjc4 ,executives and managers4 ,sec4 #dfjd4 ,honoraria4 ,sec4 #dfje4 ,nonimmigrants participating in relief operations4 ,sec4 #dfjf4 ,nonimmigrants performing maintenance on common carriers4 ,sec4 #dfjg4 ,american jobs in ,american forests4 ,subtitle ,g--,w nonimmigrant visas ,sec4 #dgja4 ,bureau of ,immigration and ,labor ,market ,research4 ,sec4 #dgjb4 ,nonimmigrant classification for ,w nonimmigrants4 ,sec4 #dgjc4 ,admission of ,w nonimmigrant workers4 ,subtitle ,h--,investing in new venture1 entrepreneurial startups1 and technologies ,sec4 #dhja4 ,nonimmigrant ,,invest visas4 ,sec4 #dhjb4 ,,invest immigrant visa4 ,sec4 #dhjc4 ,administration and oversight4 ,sec4 #dhjd4 ,permanent authorization of ,,eb-#e ,regional ,center ,program4 ,sec4 #dhje4 ,conditional permanent resident status for certain employment-based immigrants1 spouses1 and children4 ,sec4 #dhjf4 ,,eb-#e ,visa reforms4 ,sec4 #dhjg4 ,authorization of appropriations4 ,subtitle ,i--,student and ,exchange ,visitor ,programs ,sec4 #dija4 ,short title4 ,sec4 #dijb4 ,,sevis and ,,sevp defined4 ,sec4 #dijc4 ,increased criminal penalties4 ,sec4 #dijd4 ,accreditation requirement4 ,sec4 #dije4 ,other academic institutions4 ,sec4 #dijf4 ,penalties for failure to comply with ,,sevis reporting requirements4 ,sec4 #dijg4 ,visa fraud4 ,sec4 #dijh4 ,background checks4 ,sec4 #diji4 ,revocation of authority to issue ,form ,i-#bj of flight schools not certified by the ,federal ,aviation ,administration4 ,sec4 #diaj4 ,revocation of accreditation4 ,sec4 #diaa4 ,report on risk assessment4 ,sec4 #diab4 ,implementation of ,,gao recommendations4 ,sec4 #diac4 ,implementation of ,,sevis ,,ii4 ,,title ,v--,jobs for ,youth ,sec4 #eaja4 ,definitions4 ,sec4 #eajb4 ,establishment of ,youth ,jobs ,fund4 ,sec4 #eajc4 ,summer employment and year-round employment opportunities for low-income youth4 ,sec4 #eajd4 ,general requirements4 ,sec4 #eaje4 ,visa surcharge4 #b4 ,statement of congressional findings ,congress makes the following findings3 7#a7 ,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 society4 7#b7 ,we have a right1 and duty1 to maintain and secure our borders1 and to keep our country safe and prosperous4 ,as a ,nation founded1 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 ,america4 7#c7 ,we have always welcomed newcomers to the ,united ,states and will continue to do so4 ,but in order to qualify for the honor and privilege of eventual citizenship1 our laws must be followed4 ,the world depends on ,america to be strong--economically1 militarily and ethically4 ,the establishment of a stable1 just1 and efficient immigration system only supports those goals4 ,as a ,nation1 we have the right and responsibility to make our borders safe1 to establish clear and just rules for seeking citizenship1 to control the flow of legal immigration1 and to eliminate illegal immigration1 which in some cases has become a threat to our national security4 7#d7 ,all parts of this ,act are premised on the right and need of the ,united ,states to achieve these goals1 and to protect its borders and maintain its sovereignty4 #c4 ,effective date triggers 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,southern ,border ,security ,commission established pursuant to section #d4 7#b7 ,comprehensive southern border security strategy ,the term ,comprehensive ,southern ,border ,security ,strategy means the strategy established by the ,secretary pursuant to section #e7;a7 to achieve and maintain an effectiveness rate of #ij percent or higher in all border sectors4 7#c7 ,effective control ,the term effective control means the ability to achieve and maintain1 in a ,border ,patrol sector-- 7,a7 persistent surveillance2 and 7,b7 an effectiveness rate of #ij percent or higher4 7#d7 ,effectiveness rate ,the effectiveness rate1 in the case of a border sector1 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 year4 7#e7 ,southern border ,the term ,southern border means the international border between the ,united ,states and ,mexico4 7#f7 ,southern border fencing strategy ,the term ,southern ,border ,fencing ,strategy means the strategy established by the ,secretary pursuant to section #e7;b7 that identifies where fencing 7including double-layer fencing71 infrastructure1 and technology1 including at ports of entry1 should be deployed along the ,southern border4 7b7 ,border security goal ,the ,department's border security goal is to achieve and maintain effective control in all border sectors along the ,southern border4 7c7 ,triggers 7#a7 ,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 #e of this ,act1 the ,secretary may commence processing applications for registered provisional immigrant status pursuant to section #bde;,b of the ,immigration and ,nationality ,act1 as added by section #baja of this ,act4 7#b7 ,adjustment of status of registered provisional immigrants 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary may not adjust the status of aliens who have been granted registered provisional immigrant status1 except for aliens granted blue card status under section #bbja of this ,act or described in section #bde;,d7b7 of the ,immigration and ,nationality ,act1 until #f months after the date on which the ,secretary1 after consultation with the ,attorney ,general1 the ,secretary of ,defense1 the ,inspector ,general of the ,department1 and the ,comptroller ,general of the ,united ,states1 submits to the ,president and ,congress a written certification that-- 7i7 the ,comprehensive ,southern ,border ,security ,strategy-- 7,i7 has been submitted to ,congress and includes minimum requirements described under paragraph 7#c71 7#d71 and 7#e7 of section #e7;a72 7,,ii7 is deployed and operational 7for purposes of this clause the term operational means the technology1 infrastructure1 and personnel1 deemed necessary by the ,secretary1 in consultation with the ,attorney ,general and the ,secretary of ,defense1 and the ,comptroller ,general1 and includes the technology described under section #e7;a77#c7 to achieve effective control of the ,southern border1 has been procured1 funded1 and is in current use by the ,department to achieve effective control1 except in the event of routine maintenance1 de minimis non-deployment1 or natural disaster that would prevent the use of such assets72 7ii7 the ,southern ,border ,fencing ,strategy has been submitted to ,congress and implemented1 and as a result the ,secretary will certify that there is in place along the ,southern ,border no fewer than #gjj miles of pedestrian fencing which will include replacement of all currently existing vehicle fencing on non-tribal lands on the ,southern ,border with pedestrian fencing where possible1 and after this has been accomplished may include a second layer of pedestrian fencing in those locations along the ,southern ,border which the ,secretary deems necessary or appropriate2 7iii7 the ,secretary has implemented the mandatory employment verification system required by section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4#acbd;a71 as amended by section #caja1 for use by all employers to prevent unauthorized workers from obtaining employment in the ,united ,states2 7iv7 the ,secretary is using the electronic exit system created by section #ccjc7;a77#a7 at all international air and sea ports of entry within the ,united ,states where ,u4,s4 ,customs and ,border ,protection officers are currently deployed2 and 7v7 no fewer than #ch1dje trained full-time active duty ,u4,s4 ,border ,patrol agents are deployed1 stationed1 and maintained along the ,southern ,border4 7,b7 ,exception ,the ,secretary shall permit registered provisional immigrants to apply for an adjustment to lawful permanent resident status if-- 7i7 7,i7 litigation or a force majeure has prevented #a or more of the conditions described in clauses 7i7 through 7iv7 of subparagraph 7,a7 from being implemented2 or 7,,ii7 the implementation of subparagraph 7,a7 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 7,a72 and 7ii7 #aj years have elapsed since the date of the enactment of this ,act4 7d7 ,waiver of legal requirements necessary for improvement at borders ,notwithstanding any other provision of law1 the ,secretary is authorized to waive all legal requirements that the ,secretary determines to be necessary to ensure expeditious construction of the barriers1 roads1 or other physical tactical infrastructure needed to fulfill the requirements under this section4 ,any determination by the ,secretary under this section shall be effective upon publication in the ,federal ,register of a notice that specifies each law that is being waived and the ,secretary's explanation for the determination to waive that law4 ,the waiver shall expire on the later of the date on which the ,secretary submits the written certification that the ,southern ,border ,fencing ,strategy is substantially completed as specified in subsection 7c77#b77;,a77ii7 or the date that the ,secretary submits the written certification that the ,comprehensive ,southern ,border ,security ,strategy is substantially deployed and substantially operational as specified in subsection 7c77#b77;,a77i74 7e7 ,federal court review 7#a7 ,in general ,the district courts of the ,united ,states shall have exclusive jurisdiction to hear all causes or claims arising from any action undertaken1 or any decision made1 by the ,secretary under subsection 7d74 ,a cause of action or claim may only be brought alleging a violation of the ,constitution of the ,united ,states4 ,the court does not have jurisdiction to hear any claim not specified in this paragraph4 7#b7 ,time for filing complaint ,if a cause or claim under paragraph 7#a7 is not filed within #fj days after the date of the contested action or decision by the ,secretary1 the claim shall be barred4 7#c7 ,appellate review ,an interlocutory or final judgment1 decree1 or order of the district court may be reviewed only upon petition for a writ of certiorari to the ,supreme ,court of the ,united ,states4 #d4 ,southern ,border ,security ,commission 7a7 ,establishment 7#a7 ,in general ,no later than the date that is #a year after the date of the enactment of this ,act1 there is established a commission to be known as the ,southern ,border ,security ,commission 7referred to in this section as the ,commission74 7#b7 ,expenditures and report ,only if the ,secretary cannot certify that the ,department has achieved effective control in all border sectors for at least #a fiscal year before the date that is #e years after the date of the enactment of this ,act-- 7,a7 the report described in subsection 7d7 shall be submitted2 and 7,b7 #fj days after such report is submitted1 the funds made available in section #f7;a77#c77;,a77iii7 may be expended 7except as provided in subsection 7i774 7b7 ,composition 7#a7 ,in general ,the ,commission shall be composed of-- 7,a7 #b members who shall be appointed by the ,president2 7,b7 #b members who shall be appointed by the ,president pro tempore of the ,senate1 of which-- 7i7 #a shall be appointed upon the recommendation of the leader in the ,senate of the political party that is not the political party of the ,president2 and 7ii7 #a shall be appointed upon the recommendation of the leader in the ,senate of the other political party2 7,c7 #b members who shall be appointed by the ,speaker of the ,house of ,representatives1 of which-- 7i7 #a 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 ,president2 and 7ii7 #a shall be appointed upon the recommendation of the leader in the ,house of ,representatives of the other political party2 and 7,d7 #e members1 consisting of #a member from the ,southwestern ,state of ,nevada and #a member from each of the ,states along the ,southern border1 who shall be-- 7i7 the ,governor of such ,state2 or 7ii7 appointed by the ,governor of each such ,state4 7#b7 ,qualifications for appointment ,the members of the ,commission shall be distinguished individuals noted for their knowledge and experience in the field of border security at the ,federal1 ,state1 or local level and may also include reputable individuals who are landowners in the ,southern border area with first-hand experience with border issues4 7#c7 ,time of appointment ,the appointments required by paragraph 7#a7 shall be made not later than #a year after the date of the enactment of this ,act4 7#d7 ,chair ,at the first meeting of the ,commission1 a majority of the members of the ,commission present and voting shall elect the ,chair of the ,commission4 7#e7 ,vacancies ,any vacancy of the ,commission shall not affect its powers1 but shall be filled in the manner in which the original appointment was made4 7#f7 ,rules ,the ,commission shall establish the rules and procedures of the ,commission which shall require the approval of at least #f members of the ,commission4 7c7 ,duties 7#a7 ,in general ,the ,commission's primary responsibility shall be to make recommendations to the ,president1 the ,secretary1 and ,congress on policies to achieve and maintain the border security goal specified in section #c7;b7 by achieving and maintaining-- 7,a7 the capability to engage in1 and engaging in1 persistent surveillance in border sectors along the ,southern border2 and 7,b7 an effectiveness rate of #ij percent or higher in all border sectors along the ,southern border4 7#b7 ,public hearings 7,a7 ,in general ,the ,commission shall convene at least #a public hearing each year on border security4 7,b7 ,report ,the ,commission shall provide a summary of each hearing convened pursuant to subparagraph 7,a7 to the entities set out in subparagraphs 7,a7 through 7,g7 of section #e7;a77#a74 7d7 ,report ,if required pursuant to subsection 7a77#b77;,b7 and in no case earlier than the date that is #e years after the date of the enactment of this ,act1 the ,commission shall submit to the ,president1 the ,secretary1 and ,congress a report setting forth specific recommendations for policies for achieving and maintaining the border security goals specified in subsection 7c74 ,the report shall include1 at a minimum1 recommendations for the personnel1 infrastructure1 technology1 and other resources required to achieve and maintain an effectiveness rate of #ij percent or higher in all border sectors4 7e7 ,travel expenses ,members of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,commission4 7f7 ,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 functions4 ,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 privilege4 7g7 ,comptroller ,general review ,the ,comptroller ,general of the ,united ,states shall review the recommendations in the report submitted under subsection 7d7 in order to determine-- 7#a7 whether any of the recommendations are likely to achieve effective control in all border sectors2 7#b7 which recommendations are most likely to achieve effective control2 and 7#c7 whether such recommendations are feasible within existing budget constraints4 7h7 ,termination ,the ,commission shall terminate #aj years after the date of the enactment of this ,act4 7i7 ,funding ,the amounts made available under section #f7;a77#c77;,a77iii7 to carry out programs1 projects1 and activities recommended by the ,commission may not be expended prior to the date that is #fj days after a report required by subsection 7d7 is submitted and1 in no case1 prior to #fj days after the date that is #e years after the date of the enactment of this ,act1 except that funds made available under section #f7;a77#c77;,a77iii7 may be used for minimal administrative expenses directly associated with convening the public hearings required by subsection 7c77#b77;,a7 and preparing and providing summaries of such hearings required by subsection 7c77#b77;,b74 #e4 ,comprehensive ,southern ,border ,security ,strategy and ,southern ,border ,fencing ,strategy 7a7 ,comprehensive ,southern ,border ,security ,strategy 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,attorney ,general and the ,secretary of ,defense1 shall submit a strategy1 to be known as the ,comprehensive ,southern ,border ,security ,strategy1 for achieving and maintaining effective control between and at the ports of entry in all border sectors along the ,southern border1 to-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7,c7 the ,committee on ,appropriations of the ,senate2 7,d7 the ,committee on ,appropriations of the ,house of ,representatives2 7,e7 the ,committee on the ,judiciary of the ,senate2 7,f7 the ,committee on the ,judiciary of the ,house of ,representatives2 7,g7 the ,committee on ,armed ,services of the ,senate2 7,h7 the ,committee on ,armed ,services of the ,house of ,representatives2 and 7,i7 the ,comptroller ,general of the ,united ,states4 7#b7 ,elements ,the ,comprehensive ,southern ,border ,security ,strategy shall specify-- 7,a7 the priorities that must be met for the strategy to be successfully executed2 and 7,b7 the capabilities required to meet each of the priorities referred to in subparagraph 7,a71 including-- 7i7 surveillance and detection capabilities developed or used by the various ,departments and ,agencies for the ,federal government for the purposes of enhancing the functioning and operational capability to conduct continuous and integrated manned or unmanned1 monitoring1 sensing1 or surveillance of #ajj percent of ,southern border mileage or the immediate vicinity of the ,southern border2 7ii7 the requirement for stationing sufficient ,border ,patrol agents and ,customs and ,border ,protection officers between and at ports of entry along the ,southern border2 and 7iii7 the necessary and qualified staff and equipment to fully utilize available unarmed1 unmanned aerial systems and unarmed1 fixed wing aircraft4 7#c7 ,minimum requirements ,the ,comprehensive ,southern ,border ,security ,strategy shall require1 at a minimum1 the deployment of the following technologies for each ,border ,patrol sector along the ,southern ,border3 7,a7 ,arizona 7,yuma and ,tucson ,sectors7 ,for ,arizona 7,yuma and ,tucson ,sectors7 between ports of entry the following3 7i7 #ej integrated fixed towers4 7ii7 #gc fixed camera systems 7with relocation capability71 which include ,remote ,video ,surveillance ,systems4 7iii7 #bh mobile surveillance systems1 which include mobile video surveillance systems1 agent-portable surveillance systems1 and mobile surveillance capability systems4 7iv7 #fhe unattended ground sensors1 including seismic1 imaging1 and infrared4 7v7 #bb handheld equipment devices1 including handheld thermal imaging systems and night vision goggles4 7,b7 ,san ,diego1 ,california ,for ,san ,diego1 ,california the following3 7i7 ,between ports of entry ,between ports of entry the following3 7,i7 #c integrated fixed towers4 7,,ii7 #da fixed camera systems 7with relocation capability71 which include ,remote ,video ,surveillance ,systems4 7,,iii7 #ad mobile surveillance systems1 which include mobile video surveillance systems1 agent-portable surveillance systems1 and mobile surveillance capability systems4 7,,iv7 #cic unattended ground sensors1 including seismic1 imaging1 and infrared4 7,v7 #hc handheld equipment devices1 including handheld thermal imaging systems and night vision goggles4 7ii7 ,at points of entry1 checkpoints ,at points of entry1 checkpoints the following3 7,i7 #b non-intrusive inspection systems1 including fixed and mobile4 7,,ii7 #a radiation portal monitor4 7,,iii7 #a littoral detection and classification network 7,c7 ,el ,centro1 ,california ,for ,el ,centro1 ,california the following3 7i7 ,between ports of entry ,between ports of entry the following3 7,i7 #ff fixed camera systems 7with relocation capability71 which include ,remote ,video ,surveillance ,systems4 7,,ii7 #ah mobile surveillance systems1 which include mobile video surveillance systems1 agent-portable surveillance systems1 and mobile surveillance capability systems4 7,,iii7 #he unattended ground sensors1 including seismic1 imaging1 and infrared4 7,,iv7 #eg handheld equipment devices1 including handheld thermal imaging systems and night vision goggles4 7,v7 #b sensor repeaters4 7,,vi7 #b communications repeaters4 7ii7 ,at points of entry1 checkpoints ,at points of entry1 checkpoints the following3 7,i7 #e fiber-optic tank inspection scopes4 7,,ii7 #a license plate reader4 7,,iii7 #a backscatter4 7,,iv7 #b portable contraband detectors4 7,v7 #b radiation isotope identification devices4 7,,vi7 #h radiation isotope identification devices updates4 7,,vii7 #c personal radiation detectors4 7,,viii7 #af mobile automated targeting systems4 7,d7 ,el ,paso1 ,texas ,for ,el ,paso1 ,texas the following3 7i7 ,between ports of entry ,between ports of entry the following3 7,i7 #bg integrated fixed towers4 7,,ii7 #ga fixed camera systems 7with relocation capability71 which include ,remote ,video ,surveillance ,systems4 7,,iii7 #ca mobile surveillance systems1 which include mobile video surveillance systems1 agent-portable surveillance systems1 and mobile surveillance capability systems4 7,,iv7 #agj unattended ground sensors1 including seismic1 imaging1 and infrared4 7,v7 #bd handheld equipment devices1 including handheld thermal imaging systems and night vision goggles4 7,,vi7 #a communications repeater4 7,,vii7 #a sensor repeater4 7,,viii7 #b camera refresh4 7ii7 ,at points of entry1 checkpoints ,at points of entry1 checkpoints the following3 7,i7 #d non-intrusive inspection systems1 including fixed and mobile4 7,,ii7 #bc fiber-optic tank inspection scopes4 7,,iii7 #a portable contraband detectors4 7,,iv7 #ai radiation isotope identification devices updates4 7,v7 #a real time radioscopy version #d4 7,,vi7 #h personal radiation detectors4 7,e7 ,big ,bend1 ,texas ,for ,big ,bend1 ,texas the following3 7i7 ,between ports of entry ,between ports of entry the following3 7,i7 #g fixed camera systems 7with relocation capability71 which include remote video surveillance systems4 7,,ii7 #bi mobile surveillance systems1 which include mobile video surveillance systems1 agent-portable surveillance systems1 and mobile surveillance capability systems4 7,,iii7 #aaje unattended ground sensors1 including seismic1 imaging1 and infrared4 7,,iv7 #aca handheld equipment devices1 including handheld thermal imaging systems and night vision goggles4 7,v7 #a mid-range camera refresh4 7,,vi7 #a improved surveillance capabilities for existing aerostat4 7,,vii7 #bg sensor repeaters4 7,,viii7 #bg communications repeaters4 7ii7 ,at points of entry1 checkpoints ,at points of entry1 checkpoints the following3 7,i7 #g fiber-optic tank inspection scopes4 7,,ii7 #c license plate readers1 including mobile1 tactical1 and fixed4 7,,iii7 #ab portable contraband detectors4 7,,iv7 #g radiation isotope identification devices4 7,v7 #ab radiation isotope identification devices updates4 7,,vi7 #bed personal radiation detectors4 7,,vii7 #ai mobile automated targeting systems4 7,f7 ,del ,rio1 ,texas ,for ,del ,rio1 ,texas the following3 7i7 ,between ports of entry ,between ports of entry the following3 7,i7 #c integrated fixed towers4 7,,ii7 #gd fixed camera systems 7with relocation capability71 which include remote video surveillance systems4 7,,iii7 #dg mobile surveillance systems1 which include mobile video surveillance systems1 agent-portable surveillance systems1 and mobile surveillance capability systems4 7,,iv7 #hfh unattended ground sensors1 including seismic1 imaging1 and infrared4 7,v7 #agd handheld equipment devices1 including handheld thermal imaging systems and night vision goggles4 7,,vi7 #bf mobile_/handheld inspection scopes and sensors for checkpoints4 7,,vii7 #a improved surveillance capabilities for existing aerostat4 7,,viii7 #ba sensor repeaters4 7,,ix7 #ba communications repeaters4 7ii7 ,at points of entry1 checkpoints ,at points of entry1 checkpoints the following3 7,i7 #d license plate readers1 including mobile1 tactical1 and fixed4 7,,ii7 #ac radiation isotope identification devices updates4 7,,iii7 #c mobile automated targeting systems4 7,,iv7 #f land automated targeting systems4 7,g7 ,laredo1 ,texas ,for ,laredo1 ,texas the following3 7i7 ,between the ports of entry ,between ports of entry the following3 7,i7 #b integrated fixed towers4 7,,ii7 #fi fixed camera systems 7with relocation capability71 which include remote video surveillance systems4 7,,iii7 #ch mobile surveillance systems1 which include mobile video surveillance systems1 agent-portable surveillance systems1 and mobile surveillance capability systems4 7,,iv7 #egc unattended ground sensors1 including seismic1 imaging1 and infrared4 7,v7 #abd handheld equipment devices1 including handheld thermal imaging systems and night vision goggles4 7,,vi7 #ch sensor repeaters4 7,,vii7 #ch communications repeaters4 7ii7 ,at points of entry1 checkpoints ,at points of entry1 checkpoints the following3 7,i7 #a non-intrusive inspection system4 7,,ii7 #g fiber-optic tank inspection scopes4 7,,iii7 #ai license plate readers1 including mobile1 tactical1 and fixed4 7,,iv7 #b backscatter4 7,v7 #ad portable contraband detectors4 7,,vi7 #b radiation isotope identification devices4 7,,vii7 #ah radiation isotope identification devices updates4 7,,viii7 #af personal radiation detectors4 7,,ix7 #bd mobile automated targeting systems4 7,x7 #c land automated targeting systems4 7,h7 ,rio ,grande ,valley ,for ,rio ,grande ,valley the following3 7i7 ,between ports of entry ,between ports of entry the following3 7,i7 #a integrated fixed towers4 7,,ii7 #hg fixed camera systems 7with relocation capability71 which include remote video surveillance systems4 7,,iii7 #bg mobile surveillance systems1 which include mobile video surveillance systems1 agent-portable surveillance systems1 and mobile surveillance capability systems4 7,,iv7 #gaf unattended ground sensors1 including seismic1 imaging1 and infrared4 7,v7 #bje handheld equipment devices1 including handheld thermal imaging systems and night vision goggles4 7,,vi7 #d sensor repeaters4 7,,vii7 #a communications repeater4 7,,viii7 #b camera refresh4 7ii7 ,at points of entry1 checkpoints ,at points of entry1 checkpoints the following3 7,i7 #a mobile non-intrusive inspection system4 7,,ii7 #aa fiberoptic tank inspection scopes4 7,,iii7 #a license plate reader4 7,,iv7 #b backscatter4 7,v7 #b card reader system4 7,,vi7 #h portable contraband detectors4 7,,vii7 #e radiation isotope identification devices4 7,,viii7 #ah radiation isotope identification devices updates4 7,,ix7 #ace personal radiation detectors4 7iii7 ,air and marine across the southwest border ,for air and marine across the ,southwest border the following3 7,i7 #d unmanned aircraft systems4 7,,ii7 #f ,,vader radar systems4 7,,iii7 #ag ,,uh-#a,n helicopters4 7,,iv7 #h ,c-#bjf;,h aircraft upgrades4 7,v7 #h ,,as-#cej light enforcement helicopters4 7,,vi7 #aj ,blackhawk helicopter #aj ,a-,l conversions1 #e new ,blackhawk ,m ,model4 7,,vii7 #cj marine vessels4 7#d7 ,redeployment of resources to achieve effective control ,the ,secretary may reallocate the personnel1 infrastructure1 and technologies required in the ,southern ,border ,security ,strategy to achieve effective control of the ,southern border4 7#e7 ,alternate technology ,if the ,secretary determines that an alternate or new technology is at least as effective as the technologies described in paragraph 7#c7 and provides a commensurate level of security1 the ,secretary may deploy that technology in its place and without regard to the minimums in this section4 ,the ,secretary shall notify ,congress within #fj days of any such determination4 7#f7 ,annual report ,beginning #a year after the enactment of this ,act1 and annually thereafter1 the ,secretary shall provide to ,congress a written report to ,congress on the sector-by-sector deployment of infrastructure and technologies4 7#g7 ,additional elements regarding execution ,the ,comprehensive ,southern ,border ,security ,strategy shall describe-- 7,a7 how the resources referred to in paragraph 7#b77;,c7 will be properly aligned with the priorities referred to in paragraph 7#b77;,a7 to ensure that the strategy will be successfully executed2 7,b7 the interim goals that must be accomplished to successfully implement the strategy2 and 7,c7 the schedule and supporting milestones under which the ,department will accomplish the interim goals referred to in subparagraph 7,b74 7#h7 ,implementation 7,a7 ,in general ,the ,secretary shall commence the implementation of the ,comprehensive ,southern ,border ,security ,strategy immediately after submitting the strategy under paragraph 7#a74 7,b7 ,notice of commencement ,upon commencing the implementation of the strategy1 the ,secretary shall submit a notice of commencement of such implementation to-- 7i7 ,congress2 and 7ii7 the ,comptroller ,general of the ,united ,states4 7#i7 ,semiannual reports 7,a7 ,in general ,not later than #ahj days after the ,comprehensive ,southern ,border ,security ,strategy is submitted under paragraph 7#a71 and every #ahj days thereafter1 the ,secretary shall submit a report on the status of the ,department's implementation of the strategy to-- 7i7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7ii7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7iii7 the ,committee on ,appropriations of the ,senate2 7iv7 the ,committee on ,appropriations of the ,house of ,representatives2 7v7 the ,committee on the ,judiciary of the ,senate2 7vi7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7vii7 the ,comptroller ,general of the ,united ,states4 7,b7 ,elements ,each report submitted under subparagraph 7,a7 shall include-- 7i7 a detailed description of the steps the ,department has taken1 or plans to take1 to execute the strategy submitted under paragraph 7#a71 including the progress made toward achieving the interim goals and milestone schedule established pursuant to subparagraphs 7,b7 and 7,c7 of paragraph 7#c72 7ii7 a detailed description of-- 7,i7 any impediments identified in the ,department's efforts to execute the strategy2 7,,ii7 the actions the ,department has taken1 or plans to take1 to address such impediments2 and 7,,iii7 any additional measures developed by the ,department to measure the state of security along the ,southern border2 and 7iii7 for each ,border ,patrol sector along the ,southern border-- 7,i7 the effectiveness rate for each individual ,border ,patrol sector and the aggregated effectiveness rate2 7,,ii7 the number of recidivist apprehensions1 sorted by ,border ,patrol sector2 and 7,,iii7 the recidivism rate for all unique subjects that received a criminal consequence through the ,consequence ,delivery ,system process4 7,c7 ,annual review ,the ,comptroller ,general of the ,united ,states shall conduct an annual review of the information contained in the semiannual reports submitted by the ,secretary under this paragraph and submit an assessment of the status and progress of the ,southern ,border ,security ,strategy to the committees set forth in subparagraph 7,a74 7b7 ,southern ,border ,fencing ,strategy 7#a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall establish a strategy1 to be known as the ,southern ,border ,fencing ,strategy1 to identify where #gjj miles of fencing 7including double-layer fencing71 infrastructure1 and technology1 including at ports of entry1 should be deployed along the ,southern border4 7#b7 ,submission ,the ,secretary shall submit the ,southern ,border ,fencing ,strategy to ,congress and the ,comptroller ,general of the ,united ,states for review4 7#c7 ,notice of commencement ,upon commencing the implementation of the ,southern ,border ,fencing ,strategy1 the ,secretary shall submit a notice of commencement of the implementation of the ,strategy to ,congress and the ,comptroller ,general of the ,united ,states4 7#d7 ,consultation 7,a7 ,in general ,in implementing the ,southern ,border ,fencing ,strategy required by this subsection1 the ,secretary shall consult with the ,secretary of the ,interior1 the ,secretary of ,agriculture1 ,states1 local governments1 ,indian tribes1 and property owners in the ,united ,states to minimize the impact on the environment1 culture1 commerce1 and quality of life for the communities and residents located near the sites at which such fencing is to be constructed4 7,b7 ,savings provision ,nothing in this paragraph may be construed to-- 7i7 create or negate any right of action for a ,state or local government or other person or entity affected by this subsection2 or 7ii7 affect the eminent domain laws of the ,united ,states or of any ,state4 7#e7 ,limitation on requirements ,notwithstanding paragraph 7#a71 nothing in this subsection shall require the ,secretary to install fencing1 or infrastructure that directly results from the installation of such fencing1 in a particular location along the ,southern border1 if the ,secretary determines that the use or placement of such resources is not the most appropriate means to achieve and maintain effective control over the ,southern border at such location4 #f4 ,comprehensive ,immigration ,reform ,funds 7a7 ,comprehensive ,immigration ,reform ,trust ,fund 7#a7 ,establishment ,there is established in the ,treasury a separate account1 to be known as the ,comprehensive ,immigration ,reform ,trust ,fund 7referred to in this section as the ,trust ,fund71 consisting of-- 7,a7 amounts transferred from the general fund of the ,treasury under paragraph 7#b77;,a72 and 7,b7 proceeds from the fees described in paragraph 7#b77;,b74 7#b7 ,deposits 7,a7 ,initial funding ,on the later of the date of the enactment of this ,act or ,october #a1 #bjac1 #df1cjj1jjj1jjj shall be transferred from the general fund of the ,treasury to the ,trust ,fund4 7,b7 ,ongoing funding ,notwithstanding section #ccjb of title #ca1 ,united ,states ,code1 in addition to the funding described in subparagraph 7,a71 and subject to paragraphs 7#c77;,b7 and 7#d71 the following amounts shall be deposited in the ,trust ,fund3 7i7 ,electronic travel authorization system fees ,fees collected under section #bag7;h77#c77;,b77i77,,ii7 of the ,immigration and ,nationality ,act1 as added by section #aajb7;c74 7ii7 ,registered provisional immigrant penalties ,penalties collected under section #bde;,b7c77#aj77;,c7 of the ,immigration and ,nationality ,act1 as added by section #baja4 7iii7 ,blue card penalty ,penalties collected under section #bbaa7;b77#i77;,c74 7iv7 ,fine for adjustment from blue card status ,fines collected under section #bde;,f7a77#e7 of the ,immigration and ,nationality ,act1 as added by section #bbab7;a74 7v7 ,penalties for false statements in applications ,fines collected under section #bde;,f7f7 of the ,immigration and ,nationality ,act1 as added by section #bbab7;a74 7vi7 ,merit system green card fees ,fees collected under section #bjc7;c77#f7 of the ,immigration and ,nationality ,act1 as amended by section #bcja7;a77#b74 7vii7 ,h-#a;,b and ,l visa fees ,fees collected under section #bha7;d7 of the ,immigration and ,nationality ,act1 as added by section #daje4 7viii7 ,h-#a;,b outplacement fee ,fees collected under section #bab7n77#a77;,f77ii7 of the ,immigration and ,nationality ,act1 as amended by section #dbaa7;d74 7ix7 ,h-#a;,b nonimmigrant dependent employer fees ,fees collected under section #dbcc7;a77#b74 7x7 ,l nonimmigrant dependent employer fees ,fees collected under section #dcje7;a77#b74 7xi7 ,j-#a visa mitigation fees ,fees collected under section #bha7;e7 of the ,immigration and ,nationality ,act1 as added by section #ddjg4 7xii7 ,f-#a visa fees ,fees collected under section #bha7;f7 of the ,immigration and ,nationality ,act1 as added by section #ddji4 7xiii7 ,retiree visa fees ,fees collected under section #bad7w77#a77;,b7 of the ,immigration and ,nationality ,act1 as added by section #dejd7;b74 7xiv7 ,visitor visa fees ,fees collected under section #bha7;g7 of the ,immigration and ,nationality ,act1 as added by section #deji4 7xv7 ,h-#b;,b visa fees ,fees collected under section #bad7x77#e77;,a7 of the ,immigration and ,nationality ,act1 as added by section #dfjb7;a74 7xvi7 ,nonimmigrants performing maintenance on common carriers ,fees collected under section #bad7z7 of the ,immigration and ,nationality ,act1 as added by section #dfjd4 7xvii7 ,x-#a visa fees ,fees collected under section #bad7s77#f7 of the ,immigration and ,nationality ,act1 as added by section #dhja4 7xviii7 ,penalty for adjustment from registered provisional immigrant status ,penalties collected under section #bde;,c7c77#e77;,b7 of the ,immigration and ,nationality ,act1 as added by section #bajb4 7,c7 ,authority to adjust fees ,as necessary to carry out the purposes of this ,act1 the ,secretary may adjust the amounts of the fees and penalties set out under subparagraph 7,b71 except for the fines and penalties referred to in clauses 7ii71 7iii71 7iv71 or 7xviii7 of such subparagraph2 provided further that the ,secretary shall adjust the amounts of the fees and penalties set out under subparagraph 7,b71 except for the fines and penalties referred to in clauses 7ii71 7iii71 7iv71 or 7xviii7 of such subparagraph to result in no less than #ejj1jjj1jjj being available for fiscal year #bjad and #a1jjj1jjj1jjj for fiscal years #bjae through #bjbc for appropriations for activities authorized under this ,act4 ,if the ,secretary determines that adjusting the fees and penalties set out under subparagraph 7,b7 will be insufficient or impractical to cover the costs of the mandatory enforcement expenditures in this ,act1 the ,secretary may charge an additional surcharge on every immigrant and nonimmigrant petition filed with the ,secretary in an amount designed to be the minimum proportional surcharge necessary to recover the annual mandatory enforcement expenditures in this legislation4 7#c7 ,use of funds 7,a7 ,initial funding ,of the amounts transferred to the ,trust ,fund pursuant to paragraph 7#b77;,a7-- 7i7 #cj1jjj1jjj1jjj shall remain available for the #aj-year period beginning on the date specified in paragraph 7#b77;,a7 for use by the ,secretary in hiring and deploying at least #ai1bjj additional trained full-time active duty ,u4,s4 ,border ,patrol agents along the ,southern ,border2 7ii7 #d1ejj1jjj1jjj shall remain available for the #e-year period beginning on the date specified in paragraph 7#b77;,a7 for use by the ,secretary to carry out the ,comprehensive ,southern ,border ,security ,strategy2 7iii7 #b1jjj1jjj1jjj shall remain available for the #aj-year period beginning on the date specified in paragraph 7#b77;,a7 for use by the ,secretary to carry out programs1 projects1 and activities recommended by the ,commission pursuant to section #d7;d7 to achieve and maintain the border security goal specified in section #c7;b71 and for the administrative expenses directly associated with convening the public hearings required by section #c7;c77#b77;,a7 and preparing and providing summaries of such hearings required by section #c7;c77#b77;,b72 7iv7 #h1jjj1jjj1jjj shall be made available to the ,secretary1 during the #e-year period beginning on the date of the enactment of this ,act1 to procure and deploy fencing1 infrastructure1 and technology in accordance with the ,southern ,border ,fencing ,strategy established pursuant to section #e7;b71 not less than #g1ejj1jjj1jjj of which shall be used to deploy1 repair1 or replace fencing2 7v7 #gej1jjj1jjj shall remain available for the #f-year period beginning on the date specified in paragraph 7#b77;,a7 for use by the ,secretary to expand and implement the mandatory employment verification system1 which shall be used as required by section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a71 as amended by section #caja2 7vi7 #ijj1jjj1jjj shall remain available for the #h-year period beginning on the date specified in paragraph 7#b77;,a7 for use by the ,secretary of ,state to pay for one-time and startup costs necessary to implement this ,act2 and 7vii7 #aej1jjj1jjj shall remain available for the #b-year period beginning on the date specified in paragraph 7#b77;,a7 for use by the ,secretary for transfer to the ,secretary of ,labor1 the ,secretary of ,agriculture1 or the ,attorney ,general1 for initial costs of implementing this ,act4 7,b7 ,repayment of ,trust ,fund expenses ,the first #h1cjj1jjj1jjj collected pursuant to the fees1 penalties1 and fines referred to in clauses 7ii71 7iii71 7iv71 7vi71 7xiii71 7xvii71 and 7xviii7 of paragraph 7#b77;,b7 shall be collected1 deposited in the general fund of the ,treasury1 and used for ,federal budget deficit reduction4 ,collections in excess of #h1cjj1jjj1jjj shall be deposited into the ,trust ,fund1 as specified in paragraph 7#b77;,b74 7,c7 ,program implementation ,amounts deposited into the ,trust ,fund pursuant to paragraph 7#b77;,b7 shall be available during each of fiscal years #bjad through #bjah as follows3 7i7 #ej1jjj1jjj to carry out the activities referenced in section #aajd7;a77#a74 7ii7 #ej1jjj1jjj to carry out the activities referenced in section #aajd7;b74 7,d7 ,ongoing funding ,subject to the availability of appropriations1 amounts deposited in the ,trust ,fund pursuant to paragraph 7#b77;,b7 are authorized to be appropriated as follows3 7i7 ,such sums as may be necessary to carry out the authorizations included in this ,act1 including the costs1 including pay and benefits1 associated with the additional personnel required by section #aajb4 7ii7 ,such sums as may be necessary to carry out the operations and maintenance of border security and immigration enforcement investments referenced in subparagraph 7,a74 7,e7 ,expenditure plan ,the ,secretary1 in consultation with the ,attorney ,general and the ,secretary of ,defense1 shall submit to the ,committee on ,appropriations of the ,senate1 the ,committee on the ,judiciary of the ,senate1 the ,committee on ,appropriations of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,house of ,representatives1 in conjunction with the ,comprehensive ,southern ,border ,strategy and the ,southern ,border ,fencing ,strategy1 a plan for expenditure that describes-- 7i7 the types and planned deployment of fixed1 mobile1 video1 and agent and officer portable surveillance and detection equipment1 including those recommended or provided by the ,department of ,defense2 7ii7 the number of ,border ,patrol agents and ,customs and ,border ,protection officers to be hired1 including a detailed description of which ,border ,patrol sectors and which land border ports of entry they will be stationed2 7iii7 the numbers and type of unarmed1 unmanned aerial systems and unarmed1 fixed-wing and rotary aircraft1 including pilots1 air interdiction agents1 and support staff to fly or otherwise operate and maintain the equipment2 7iv7 the numbers1 types1 and planned deployment of marine and riverine vessels1 if any1 including marine interdiction agents and support staff to operate and maintain the vessels2 7v7 the locations1 amount1 and planned deployment of fencing1 including double layer fencing1 tactical and other infrastructure1 and technology1 including but not limited to fixed towers1 sensors1 cameras1 and other detection technology2 7vi7 the numbers1 types1 and planned deployment of ground-based mobile surveillance systems2 7vii7 the numbers1 types1 and planned deployment of tactical and other interoperable law enforcement communications systems and equipment2 7viii7 required construction1 including repairs1 expansion1 and maintenance1 and location of additional checkpoints1 ,border ,patrol stations1 and forward operating bases2 7ix7 the number of additional attorneys and support staff for the ,office of the ,united ,states ,attorney for ,tucson2 7x7 the number of additional support staff and interpreters in the ,office of the ,clerk of the ,court for ,tucson2 7xi7 the number of additional personnel1 including ,marshals and ,deputy ,marshals for the ,united ,states ,marshals ,office for ,tucson2 7xii7 the number of additional magistrate judges for the southern border ,united ,states ,district ,courts2 7xiii7 activities to be funded by the ,homeland ,security ,border ,oversight ,task ,force2 7xiv7 amounts and types of grants to ,states and other entities2 7xv7 amounts and activities necessary to hire additional personnel and for start-up costs related to upgrading software and information technology necessary to transition from a voluntary ,e-,verify system to mandatory employment verification system under section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7 within #e years2 7xvi7 the number of additional personnel and other costs associated with implementing the immigration courts and removal proceedings mandated in subtitle ,e of title ,,iii2 7xvii7 the steps the ,commissioner of ,social ,security plans to take to create a fraud-resistant1 tamper-resistant1 wear-resistant1 and identity-theft resistant ,social ,security card1 including-- 7,i7 the types of equipment needed to create the card2 7,,ii7 the total estimated costs for completion that clearly delineates costs associated with the acquisition of equipment and transition to operation1 subdivided by fiscal year and including a description of the purpose by fiscal year for design1 pre-acquisition activities1 production1 and transition to operation2 7,,iii7 the number and type of personnel1 including contract personnel1 required to research1 design1 test1 and produce the card2 and 7,,iv7 a detailed schedule for production of the card1 including an estimated completion date at the projected funding level provided in this ,act2 and 7xviii7 the operations and maintenance costs associated with the implementation of clauses 7i7 through 7xvii74 7,f7 ,annual revision ,the expenditure plan required in 7,e7 shall be revised and submitted with the ,president's budget proposals for fiscal year #bjaf1 #bjag1 #bjah1 and #bjai pursuant to the requirements of section #aaje7;a7 of title #ca1 ,united ,states ,code4 7,g7 ,commission expenditure plan 7i7 ,requirement for plan ,if the ,southern ,border ,security ,commission referenced in section #d is established1 the ,secretary shall submit to the appropriate committees of ,congress1 not later than #fj days after the submission of the review required by section #d7;g71 a plan for expenditure that achieves the recommendations in the report required by section #d7;d7 and the review required by section #d7;g74 7ii7 ,appropriate committees of ,congress defined ,in clause 7i71 the term appropriate committees of ,congress means-- 7,i7 the ,committee on ,appropriations1 the ,committee on the ,judiciary1 and the ,committee on ,finance of the ,senate2 and 7,,ii7 the ,committee on ,appropriations1 the ,committee on the ,judiciary1 and the ,committee on ,ways and ,means of the ,house of ,representatives4 7#d7 ,limitation on collection 7,a7 ,in general ,no fee deposited in the ,trust ,fund may be collected except to the extent that the expenditure of the fee is provided for in advance in an appropriations ,act only to pay the costs of activities and services for which appropriations are authorized to be funded from the ,trust ,fund4 7,b7 ,receipts collected as offsetting receipts ,until the date of the enactment of an ,act making appropriations for the activities authorized under this ,act through ,september #cj1 #bjad1 the fees authorized by paragraph 7#b77;,b7 that are not deposited into the general fund pursuant to paragraph 7#c77;,b7 may be collected and shall be credited as to the ,trust ,fund to remain available until expended only to pay the costs of activities and services for which appropriations are authorized to be funded from the ,trust ,fund4 7b7 ,comprehensive ,immigration ,reform ,startup ,account 7#a7 ,establishment ,there is established in the ,treasury a separate account1 to be known as the ,comprehensive ,immigration ,reform ,startup ,account1 7referred to in this section as the ,startup ,account71 consisting of amounts transferred from the general fund of the ,treasury under paragraph 7#b74 7#b7 ,deposits ,there is appropriated to the ,startup ,account1 out of any funds in the ,treasury not otherwise appropriated1 #c1jjj1jjj1jjj1 to remain available until expended on the later of the date that is-- 7,a7 the date of the enactment of this ,act2 or 7,b7 ,october #a1 #bjac4 7#c7 ,repayment of startup costs 7,a7 ,in general ,notwithstanding section #bhf7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7m771 #ej percent of fees collected under section #bde;,b7c77#aj77;,a7 of the ,immigration and ,nationality ,act1 as added by section #baja of this ,act1 shall be deposited monthly in the general fund of the ,treasury and used for ,federal budget deficit reduction until the funding provided by paragraph 7#b7 has been repaid4 7,b7 ,deposit in the ,immigration ,examinations ,fee ,account ,fees collected in excess of the amount referenced in subparagraph 7,a7 shall be deposited in the ,immigration ,examinations ,fee ,account1 pursuant to section #bhf7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7m771 and shall remain available until expended pursuant to section #bhf7n7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7n774 7#d7 ,use of funds ,the ,secretary shall use the amounts transferred to the ,startup ,account to pay for one-time and startup costs necessary to implement this ,act1 including-- 7,a7 equipment1 information technology systems1 infrastructure1 and human resources2 7,b7 outreach to the public1 including development and promulgation of any regulations1 rules1 or other public notice2 7,c7 grants to community and faith-based organizations2 and 7,d7 anti-fraud programs and actions related to implementation of this ,act4 7#e7 ,expenditure plan ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,attorney ,general and the ,secretary of ,defense1 shall submit to the ,committee on ,appropriations and the ,committee on the ,judiciary of the ,senate and the ,committee on ,appropriations and the ,committee on the ,judiciary of the ,house of ,representatives1 a plan for expenditure of the one-time and startup funds in the ,startup ,account that provides details on-- 7,a7 the types of equipment1 information technology systems1 infrastructure1 and human resources2 7,b7 the plans for outreach to the public1 including development and promulgation of any regulations1 rules1 or other public notice2 7,c7 the types and amounts of grants to community and faith-based organizations2 and 7,d7 the anti-fraud programs and actions related to implementation of this ,act4 7c7 ,annual audits 7#a7 ,audits required ,not later than ,october #a each year beginning on or after the date of the enactment of this ,act1 the ,chief ,financial ,officer of the ,department of ,homeland ,security shall1 in conjunction with the ,inspector ,general of the ,department of ,homeland ,security1 conduct an audit of the ,trust ,fund4 7#b7 ,reports ,upon completion of each audit of the ,trust ,fund under paragraph 7#a71 the ,chief ,financial ,officer shall1 in conjunction with the ,inspector ,general1 submit to ,congress1 and make available to the public on an ,internet website of the ,department available to the public1 a jointly audited financial statement concerning the ,trust ,fund4 7#c7 ,elements ,each audited financial statement under paragraph 7#b7 shall include the following3 7,a7 ,the report of an independent certified public accountant4 7,b7 ,a balance sheet reporting admitted assets1 liabilities1 capital and surplus4 7,c7 ,a statement of cash flow4 7,d7 ,such other information on the ,trust ,fund as the ,chief ,financial ,officer1 the ,inspector ,general1 or the independent certified public accountant considers appropriate to facilitate a comprehensive understanding of the ,trust ,fund during the year covered by the financial statement4 7d7 ,determination of budgetary effects 7#a7 ,emergency designation for congressional enforcement ,in the ,senate1 amounts appropriated by or deposited in the general fund of the ,treasury pursuant to this section are designated as an emergency requirement pursuant to section #djc7;a7 of ,s4 ,con4 ,res4 #ac 7#aaath ,congress71 the concurrent resolution on the budget for fiscal year #bjaj4 7#b7 ,emergency designation for statutory ,,paygo ,amounts appropriated by or deposited in the general fund of the ,treasury pursuant to this section are designated as an emergency requirement under section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7,public ,law #aaa-aci2 #b ,u4,s4,c4 #icc7;g774 #g4 ,reference to the ,immigration and ,nationality ,act ,except as otherwise expressly provided1 whenever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 #h4 ,definitions ,in this ,act3 7#a7 ,department ,except as otherwise provided1 the term ,department means the ,department of ,homeland ,security4 7#b7 ,secretary ,except as otherwise provided1 the term ,secretary means the ,secretary of ,homeland ,security4 #i4 ,grant accountability 7a7 ,definitions ,in this section3 7#a7 ,awarding entities ,the term awarding entities means the ,secretary of ,homeland ,security1 the ,director of the ,federal ,emergency ,management ,agency 7,,fema71 the ,chief of the ,office of ,citizenship and ,new ,americans1 as designated by this ,act1 and the ,director of the ,national ,science ,foundation4 7#b7 ,nonprofit organization ,the term nonprofit organization means an organization that is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and is exempt from taxation under section #eja7;a7 of such ,code4 7#c7 ,unresolved audit finding ,the term unresolved audit finding means a finding in a final audit report conducted by the ,inspector ,general of the ,department of ,homeland ,security1 or the ,inspector ,general for the ,national ,science ,foundation for grants awarded by the ,director of the ,national ,science ,foundation1 that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within #a year from the date when the final audit report is issued4 7b7 ,accountability ,all grants awarded by awarding entities pursuant to this ,act shall be subject to the following accountability provisions3 7#a7 ,audit requirement 7,a7 ,audits ,beginning in the first fiscal year beginning after the date of the enactment of this section1 and in each fiscal year thereafter1 the ,inspector ,general of the ,department of ,homeland ,security1 or the ,inspector ,general for the ,national ,science ,foundation for grants awarded by the ,director of the ,national ,science ,foundation1 shall conduct audits of recipients of grants under this ,act to prevent waste1 fraud1 and abuse of funds by grantees4 ,the ,inspector ,generals shall determine the appropriate number of grantees to be audited each year4 7,b7 ,mandatory exclusion ,a recipient of grant funds under this ,act that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this ,act during the first #b fiscal years beginning after the end of the #a-year period described in subsection 7a77#c74 7,c7 ,priority ,in awarding grants under this ,act1 the awarding entities shall give priority to eligible applicants that did not have an unresolved audit finding during the #c fiscal years before submitting an application for a grant under this ,act4 7,d7 ,reimbursement ,if an entity is awarded grant funds under this ,act during the #b-;fiscal-year period during which the entity is barred from receiving grants under subparagraph 7,b71 the awarding entity shall-- 7i7 deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the ,general ,fund of the ,treasury2 and 7ii7 seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds4 7#b7 ,nonprofit organization requirements 7,a7 ,prohibition ,an awarding entity may not award a grant under this ,act to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section #eaa7;a7 of the ,internal ,revenue ,code of #aihf4 7,b7 ,disclosure ,each nonprofit organization that is awarded a grant under this ,act and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers1 directors1 trustees1 and key employees1 shall disclose to the awarding entity1 in the application for the grant1 the process for determining such compensation1 including the independent persons involved in reviewing and approving such compensation1 the comparability data used1 and contemporaneous substantiation of the deliberation and decision4 ,upon request1 the awarding entity shall make the information disclosed under this subparagraph available for public inspection4 7#c7 ,conference expenditures 7,a7 ,limitation ,no amounts authorized to be appropriated to the ,department of ,homeland ,security or the ,national ,science ,foundation for grant programs under this ,act may be used by an awarding entity or by any individual or entity awarded discretionary funds through a cooperative agreement under this ,act to host or support any expenditure for conferences that uses more than #bj1jjj in funds made available by the ,department of ,homeland ,security or the ,national ,science ,foundation unless the ,deputy ,secretary for ,homeland ,security1 or the ,deputy ,director of the ,national ,science ,foundation1 or their designee1 provides prior written authorization that the funds may be expended to host the conference4 7,b7 ,written approval ,written approval under subparagraph 7,a7 shall include a written estimate of all costs associated with the conference1 including the cost of all food1 beverages1 audio-visual equipment1 honoraria for speakers1 and entertainment4 7,c7 ,report ,the ,deputy ,secretary of ,homeland ,security and the ,deputy ,director of the ,national ,science ,foundation shall submit an annual report to ,congress on all conference expenditures approved under this paragraph4 7#d7 ,annual certification ,beginning in the first fiscal year beginning after the date of the enactment of this subsection1 each awarding entity shall submit to ,congress a report-- 7,a7 indicating whether-- 7i7 all audits issued by the ,offices of the ,inspector ,general under paragraph 7#a7 have been completed and reviewed by the appropriate individuals2 7ii7 all mandatory exclusions required under paragraph 7#a77;,b7 have been issued2 and 7iii7 all reimbursements required under paragraph 7#a77;,d7 have been made2 and 7,b7 including a list of any grant recipients excluded under paragraph 7#a7 from the previous year4 ,i ,border ,security and other provisions ,a ,border ,security #aaja4 ,definitions ,in this title3 7#a7 ,northern border ,the term ,northern border means the international border between the ,united ,states and ,canada4 7#b7 ,rural1 high-trafficked areas ,the term rural1 high-trafficked areas means rural areas through which drugs and undocumented aliens are routinely smuggled1 as designated by the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7#c7 ,southern border ,the term ,southern border means the international border between the ,united ,states and ,mexico4 7#d7 ,southwest border region ,the term ,southwest border region means the area in the ,united ,states that is within #ajj miles of the ,southern border4 #aajb4 ,additional ,u4,s4 ,border ,patrol and ,u4,s4 ,customs and ,border ,protection officers 7a7 ,u4,s4 ,border ,patrol ,not later than ,september #cj1 #bjba1 the ,secretary shall increase the number of trained full-time active duty ,u4,s4 ,border ,patrol agents deployed to the ,southern border to #ch1dje4 7b7 ,u4,s4 ,customs and ,border ,protection ,not later than ,september #cj1 #bjag1 the ,secretary shall increase the number of trained ,u4,s4 ,customs and ,border ,protection officers by #c1ejj1 compared to the number of such officers as of the date of the enactment of this ,act4 ,in allocating any new officers to international land ports of entry and high volume international airports1 the primary goals shall be to increase security and reduce wait times of commercial and passenger vehicles at international land ports of entry and primary processing wait times at high volume international airports by #ej percent by fiscal year #bajd and screening all air passengers within #de minutes under normal operating conditions or #hj percent of passengers within #cj minutes by fiscal year #bjaf4 ,the ,secretary shall make progress in increasing such number of officers during each of the fiscal years #bjad through #bjag4 7c7 ,air and ,marine unmanned aircraft systems crew ,not later than ,september #cj1 #bjae1 the ,secretary shall increase the number of trained ,u4,s4 ,customs and ,border ,protection ,air and ,marine unmanned aircraft systems crew1 marine agent1 and personnel by #afj compared to the number of such officers as of the date of the enactment of this ,act4 ,the ,secretary shall increase and maintain ,customs and ,border ,protection ,office of ,air and ,marine flight hours to #acj1jjj annually4 7d7 ,construction ,nothing in subsection 7a7 may be construed to preclude the ,secretary from reassigning or stationing ,u4,s4 ,customs and ,border ,protection ,officers and ,u4,s4 ,border ,patrol ,agents from the ,northern border to the ,southern border4 7e7 ,funding ,section #bag7;h77#c77;,b7 7#h ,u4,s4,c4 #aahg7;h77#c77;,b77 is amended-- 7#a7 in clause 7i7-- 7,a7 by striking ,no later than #f months after the date of enactment of the ,travel ,promotion ,act of #bjji1 the and inserting ,the2 7,b7 in subclause 7,i71 by striking and at the end2 7,c7 by redesignating subclause 7,,ii7 as subclause 7,,iii72 and 7,d7 by inserting after subclause 7,i7 the following3 7,,ii7 #af for border processing2 and 2 7#b7 in clause 7ii71 by striking ,amounts collected under clause 7i77,,ii7 and inserting ,amounts collected under clause 7i77,,ii7 shall be deposited into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 for the purpose of implementing section #aajb7;b7 of such ,act4 ,amounts collected under clause 7i77,,iii72 and 7#c7 by striking clause 7iii74 7f7 ,corporation for ,travel ,promotion ,section #i7;d77#b77;,b7 of the ,travel ,promotion ,act of #bjji 7#bb ,u4,s4,c4 #baca7;d77#b77;,b77 is amended by striking ,for each of fiscal years #bjab through #bjae1 and inserting ,for each fiscal year after #bjab14 7g7 ,recruitment of former members of the ,armed ,forces and members of reserve components of the armed forces 7#a7 ,requirement for program ,the ,secretary1 in conjunction with the ,secretary of ,defense1 shall establish a program to actively recruit members of the reserve components of the ,armed ,forces and former members of the ,armed ,forces1 including the reserve components1 to serve in ,united ,states ,customs and ,border ,protection and ,united ,states ,immigration and ,customs ,enforcement4 7#b7 ,recruitment incentives 7,a7 ,student loan repayments for ,united ,states border patrol agents with a three-year commitment ,section #ecgi7;b7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following new paragraph3 7#d7 ,in the case of an employee who is otherwise eligible for benefits under this section and who is serving as a full-time active-duty ,united ,states border patrol agent within the ,department of ,homeland ,security-- 7,a7 paragraph 7#b77;,a7 shall be applied by substituting #bj1jjj for #aj1jjj2 and 7,b7 paragraph 7#b77;,b7 shall be applied by substituting #hj1jjj for #fj1jjj4 4 7,b7 ,recruitment and relocation bonuses and retention allowances for personnel of the department of homeland security ,the ,secretary of ,homeland ,security shall ensure that the authority to pay recruitment and relocation bonuses under section #egec of title #e1 ,united ,states ,code1 the authority to pay retention bonuses under section #eged of such title1 and any other similar authorities available under any other provision of law1 rule1 or regulation1 are exercised to the fullest extent allowable in order to encourage service in the ,department of ,homeland ,security4 7#c7 ,report on recruitment incentives 7,a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary and the ,secretary of ,defense shall jointly submit to the appropriate committees of ,congress a report including an assessment of the desirability and feasibility of offering incentives to members of the reserve components of the ,armed ,forces and former members of the ,armed ,forces1 including the reserve components1 for the purpose of encouraging such members to serve in ,united ,states ,customs and ,border ,protection and ,immigration and ,customs ,enforcement4 7,b7 ,content ,the report required by subparagraph 7,a7 shall include-- 7i7 a description of various monetary and non-monetary incentives considered for purposes of the report2 and 7ii7 an assessment of the desirability and feasibility of utilizing any such incentive4 7#d7 ,appropriate ,committees of ,congress ,defined ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,appropriations1 the ,committee on ,armed ,services1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,appropriations1 the ,committee on ,armed ,services1 and the ,committee on ,homeland ,security of the ,house of ,representatives4 7h7 ,report ,prior to the hiring and training of additional ,u4,s4 ,customs and ,border ,protection officers under subsection 7a71 the ,secretary shall submit to ,congress a report on current wait times at land1 air1 and sea ports of entry1 officer staffing at land1 air1 and sea ports of entry and projections for new officer allocation at land1 air1 and sea ports of entry designed to implement subsection 7a71 including the need to hire non-law enforcement personnel for administrative duties4 #aajc4 ,national ,guard support to secure the ,southern border 7a7 ,in general ,with the approval of the ,secretary of ,defense1 the ,governor of a ,state may order any unit or personnel of the ,national ,guard of such ,state to perform operations and missions under section #ejb7;f7 of title #cb1 ,united ,states ,code1 in the ,southwest ,border region for the purposes of assisting ,u4,s4 ,customs and ,border ,protection in securing the ,southern border4 7b7 ,assignment of operations and missions 7#a7 ,in general ,national ,guard units and personnel deployed under subsection 7a7 may be assigned such operations and missions specified in subsection 7c7 as may be necessary to secure the ,southern border4 7#b7 ,nature of duty ,the duty of ,national ,guard personnel performing operations and missions described in paragraph 7#a7 shall be full-time duty under title #cb1 ,united ,states ,code4 7c7 ,range of operations and missions ,the operations and missions assigned under subsection 7b7 shall include the temporary authority-- 7#a7 to construct fencing1 including double-layer and triple-layer fencing2 7#b7 to increase ground-based mobile surveillance systems2 7#c7 to deploy additional unmanned aerial systems and manned aircraft sufficient to maintain continuous surveillance of the ,southern border2 7#d7 to deploy and provide capability for radio communications interoperability between ,u4,s4 ,customs and ,border ,protection and ,state1 local1 and tribal law enforcement agencies2 7#e7 to construct checkpoints along the ,southern border to bridge the gap to long-term permanent checkpoints2 and 7#f7 to provide assistance to ,u4,s4 ,customs and ,border ,protection1 particularly in rural1 high-trafficked areas1 as designated by the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7d7 ,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 section4 7e7 ,exclusion from ,national ,guard personnel strength limitations ,national ,guard personnel deployed under subsection 7a7 shall not be included in-- 7#a7 the calculation to determine compliance with limits on end strength for ,national ,guard personnel2 or 7#b7 limits on the number of ,national ,guard personnel that may be placed on active duty for operational support under section #aae of title #aj1 ,united ,states ,code4 #aajd4 ,enhancement of existing border security operations 7a7 ,border crossing prosecutions 7#a7 ,in general ,from the amounts made available pursuant to the appropriations in paragraph 7#c71 funds shall be made available-- 7,a7 to increase the number of border crossing prosecutions in the ,tucson ,sector of the ,southwest border region to up to #baj prosecutions per day through increasing funding available for-- 7i7 attorneys and administrative support staff in the ,office of the ,united ,states ,attorney for ,tucson2 7ii7 support staff and interpreters in the ,office of the ,clerk of the ,court for ,tucson2 7iii7 pre-trial services2 7iv7 activities of the ,federal ,public ,defender ,office for ,tucson2 and 7v7 additional personnel1 including ,deputy ,united ,states ,marshals in the ,united ,states ,marshals ,office for ,tucson to perform intake1 coordination1 transportation1 and court security2 and 7,b7 reimburse ,federal1 ,state1 local1 and tribal law enforcement agencies for any detention costs related to the border crossing prosecutions carried out pursuant to subparagraph 7,a74 7#b7 ,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 judges1 who1 consistent with the ,constitution and laws of the ,united ,states1 shall have the authority to hear cases and controversies in the judicial district in which the respective judges are appointed4 7#c7 ,funding ,there are authorized to be appropriated1 from the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a71 such sums as may be necessary to carry out this subsection4 7b7 ,operation ,stonegarden 7#a7 ,in general ,the ,federal ,emergency ,management ,agency shall enhance law enforcement preparedness and operational readiness along the borders of the ,united ,states through ,operation ,stonegarden4 ,the amounts available under this paragraph are in addition to any other amounts otherwise made available for ,operation ,stonegarden4 ,grants under this subsection shall be allocated based on sector-specific border risk methodology1 based on factors including threat1 vulnerability1 miles of border1 and other border-specific information4 ,allocations for grants and reimbursements to law enforcement agencies under this paragraph shall be made by the ,federal ,emergency ,management ,agency through a competitive process4 7#b7 ,funding ,there are authorized to be appropriated1 from the amounts made available under section #f7;a77#c77;,a77i71 such sums as may be necessary to carry out this subsection4 7c7 ,infrastructure improvements 7#a7 ,border patrol stations ,the ,secretary shall-- 7,a7 construct additional ,border ,patrol stations in the ,southwest border region that ,u4,s4 ,border ,patrol determines are needed to provide full operational support in rural1 high-trafficked areas2 and 7,b7 analyze the feasibility of creating additional ,border ,patrol sectors along the ,southern border to interrupt drug trafficking operations4 7#b7 ,forward operating bases ,the ,secretary shall enhance the security of the ,southwest border region by-- 7,a7 establishing additional permanent forward operating bases for the ,u4,s4 ,border ,patrol1 as needed2 7,b7 upgrading the existing forward operating bases to include modular buildings1 electricity1 and potable water2 and 7,c7 ensuring that forward operating bases surveil and interdict individuals entering the ,united ,states unlawfully immediately after such individuals cross the ,southern border4 7#c7 ,safe and secure border infrastructure ,the ,secretary and the ,secretary of ,transportation1 in consultation with the governors of the ,states in the ,southwest border region and the ,northern border region1 shall establish a grant program1 which shall be administered by the ,secretary of ,transportation and the ,general ,services ,administration1 to construct transportation and supporting infrastructure improvements at existing and new international border crossings necessary to facilitate safe1 secure1 and efficient cross border movement of people1 motor vehicles1 and cargo4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated for each of fiscal years #bjad through #bjah such sums as may be necessary to carry out this subsection4 7d7 ,additional permanent district court judgeships in southwest border ,states 7#a7 ,in general ,the ,president shall appoint1 by and with the advice and consent of the ,senate-- 7,a7 #b additional district judges for the district of ,arizona2 7,b7 #c additional district judges for the eastern district of ,california2 7,c7 #b additional district judges for the western district of ,texas2 and 7,d7 #a additional district judge for the southern district of ,texas4 7#b7 ,conversions of temporary district court judgeships ,the existing judgeships for the district of ,arizona and the central district of ,california authorized by section #cab7;c7 of the #bast ,century ,department of ,justice ,appropriations ,authorization ,act 7#bh ,u4,s4,c4 #acc note2 ,public ,law #ajg-bgc2 #aaf ,stat4 #aghh71 as of the effective date of this ,act1 shall be authorized under section #acc of title #bh1 ,united ,states ,code1 and the incumbents in those offices shall hold the office under section #acc of title #bh1 ,united ,states ,code1 as amended by this ,act4 7#c7 ,technical and conforming amendments ,the table contained in section #acc7;a7 of title #bh1 ,united ,states ,code1 is amended-- 7,a7 by striking the item relating to the district of ,arizona and inserting the following3 ,arizona#ae 2 7,b7 by striking the item relating to ,california and inserting the following3 ,california3 ,northern#ad ,eastern#i ,central#bh ,southern#ac 2 and 7,c7 by striking the item relating to ,texas and inserting the following3 ,texas3 ,northern#ab ,southern#bj ,eastern#g ,western#ae 4 7#d7 ,increase in filing fees 7,a7 ,in general ,section #aiad7;a7 of title #bh1 ,united ,states ,code1 is amended by striking #cej and inserting #cfj4 7,b7 ,expenditure limitation ,incremental amounts collected by reason of the enactment of this paragraph shall be deposited as offsetting receipts in the ,judiciary ,filing ,fee special fund of the ,treasury established under section #aica of title #bh1 ,united ,states ,code4 ,such amounts shall be available solely for the purpose of facilitating the processing of civil cases1 but only to the extent specifically appropriated by an ,act of ,congress enacted after the date of the enactment of this ,act4 7#e7 ,whistleblower protection 7,a7 ,in general ,no officer1 employee1 agent1 contractor1 or subcontractor of the judicial branch may discharge1 demote1 threaten1 suspend1 harass1 or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee to provide information1 cause information to be provided1 or otherwise assist in an investigation regarding any possible violation of ,federal law or regulation1 or misconduct1 by a judge1 justice1 or any other employee in the judicial branch1 which may assist in the investigation of the possible violation or misconduct4 7,b7 ,civil action ,an employee injured by a violation of subparagraph 7,a7 may1 in a civil action1 obtain appropriate relief4 #aaje4 ,border security on certain ,federal land 7a7 ,definitions ,in this section3 7#a7 ,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 ,mexico4 7#b7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 with respect to land under the jurisdiction of the ,secretary of ,agriculture1 the ,secretary of ,agriculture2 and 7,b7 with respect to land under the jurisdiction of the ,secretary of the ,interior1 the ,secretary of the ,interior4 7b7 ,support for border security needs ,to achieve effective control of ,federal lands-- 7#a7 the ,secretary concerned1 notwithstanding any other provision of law1 shall authorize and provide ,u4,s4 ,customs and ,border ,protection personnel with immediate access to ,federal lands for security activities1 including-- 7,a7 routine motorized patrols2 and 7,b7 the deployment of communications1 surveillance1 and detection equipment2 7#b7 the security activities described in paragraph 7#a7 shall be conducted1 to the maximum extent practicable1 in a manner that the ,secretary determines will best protect the natural and cultural resources on ,federal lands2 and 7#c7 the ,secretary concerned may provide education and training to ,u4,s4 ,customs and ,border ,protection personnel on the natural and cultural resources present on individual ,federal land units4 7c7 ,programmatic environmental impact statement 7#a7 ,in general ,after implementing subsection 7b71 the ,secretary1 in consultation with the ,secretaries concerned1 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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 to analyze the impacts of the activities described in subsection 7b74 7#b7 ,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 7b74 7#c7 ,amendment of land use plans ,the ,secretaries concerned shall amend any land use plans1 as appropriate1 upon completion of the programmatic environmental impact statement described in subsection 7b74 7#d7 ,scope of programmatic environmental impact statement ,the programmatic environmental impact statement described in paragraph 7#a7-- 7,a7 may be used to advise the ,secretary on the impact on natural and cultural resources on ,federal lands2 and 7,b7 shall not control1 delay1 or restrict actions by the ,secretary to achieve effective control on ,federal lands4 7d7 ,intermingled ,state and private land ,this section shall not apply to any private or ,state-owned land within the boundaries of ,federal lands4 #aajf4 ,equipment and technology 7a7 ,enhancements ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 working through ,u4,s4 ,border ,patrol1 shall-- 7#a7 deploy additional mobile1 video1 and agent-portable surveillance systems1 and unarmed1 unmanned aerial vehicles in the ,southwest border region as necessary to provide #bd-;hour operation and surveillance2 7#b7 operate unarmed unmanned aerial vehicles along the ,southern border for #bd hours per day and for #g days per week2 7#c7 deploy unarmed additional fixed-wing aircraft and helicopters along the ,southern border2 7#d7 acquire new rotorcraft and make upgrades to the existing helicopter fleet2 7#e7 increase horse patrols in the ,southwest border region2 and 7#f7 acquire and deploy watercraft and other equipment to provide support for border-related maritime anti-crime activities4 7b7 ,limitation 7#a7 ,in general ,notwithstanding paragraphs 7#a7 and 7#b7 of subsection 7a71 and except as provided in paragraph 7#b71 ,u4,s4 ,border ,patrol may not operate unarmed1 unmanned aerial vehicles in the ,san ,diego and ,el ,centro ,sectors1 except within #c miles of the ,southern border4 7#b7 ,exception ,the limitation under this subsection shall not restrict the maritime operations of ,u4,s4 ,customs and ,border ,protection4 7c7 ,authorization of appropriations ,in addition to amounts otherwise authorized to be appropriated1 there is authorized to be appropriated to ,u4,s4 ,customs and ,border ,protection such sums as may be necessary to carry out subsection 7a7 during fiscal years #bjad through #bjah4 #aajg4 ,access to emergency personnel 7a7 ,southwest border region emergency communications grants 7#a7 ,in general ,the ,secretary1 in consultation with the governors of the ,states in the ,southwest border region1 shall establish a #b-year grant program1 to be administered by the ,secretary1 to improve emergency communications in the ,southwest border region4 7#b7 ,eligibility for grants ,an individual is eligible to receive a grant under this subsection if the individual demonstrates that he or she-- 7,a7 regularly resides or works in the ,southwest border region2 7,b7 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 border4 7#c7 ,use of grants ,grants awarded under this subsection may be used to purchase satellite telephone communications systems and service that-- 7,a7 can provide access to #i-a-a service2 and 7,b7 are equipped with global positioning systems4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary to carry out the grant program established under this subsection4 7b7 ,interoperable communications for law enforcement 7#a7 ,federal law enforcement ,there are authorized to be appropriated1 to the ,department1 the ,department of ,justice1 and the ,department of the ,interior1 during the #e-year period beginning on the date of the enactment of this ,act1 such sums as may be necessary-- 7,a7 to purchase1 through a competitive procurement process1 ,p#be-;compliant radios1 which may include a multi-band option1 for ,federal law enforcement agents working in the ,southwest border region in support of the activities of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement1 including law enforcement agents of the ,drug ,enforcement ,administration1 the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives1 the ,department of the ,interior1 and the ,forest ,service2 and 7,b7 to upgrade1 through a competitive procurement process1 the communications network of the ,department of ,justice to ensure coverage and capacity1 particularly when immediate access is needed in times of crisis1 in the ,southwest ,border region for appropriate law enforcement personnel of the ,department of ,justice 7including the ,drug ,enforcement ,administration and the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives71 the ,department 7including ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection71 the ,united ,states ,marshals ,service1 other ,federal agencies1 the ,state of ,arizona1 tribes1 and local governments4 7#b7 ,state and local law enforcement 7,a7 ,authorization of appropriations ,there is authorized to be appropriated to the ,department of ,justice1 during the #e-year period beginning on the date of the enactment of this ,act1 such sums as may be necessary to purchase1 through a competitive procurement process1 ,p#be-;compliant radios1 which may include a multi-band option1 for ,state and local law enforcement agents working in the ,southwest border region4 7,b7 ,access to ,federal spectrum ,if a ,state1 tribal1 or local law enforcement agency in the ,southwest border region experiences an emergency situation that necessitates immediate communication with the ,department of ,justice1 the ,department1 the ,department of the ,interior1 or any of their respective subagencies1 such law enforcement agency shall have access to the spectrum assigned to such ,federal agency for the duration of such emergency situation4 7c7 ,distress beacons 7#a7 ,in general ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 working through ,u4,s4 ,border ,patrol1 shall-- 7,a7 identify areas near the ,northern border and the ,southern border where migrant deaths are occurring due to climatic and environmental conditions2 and 7,b7 deploy up to #a1jjj beacon stations in the areas identified pursuant to subparagraph 7,a74 7#b7 ,features ,beacon stations deployed pursuant to paragraph 7#a7 should-- 7,a7 include a self-powering mechanism1 such as a solar-powered radio button1 to signal ,u4,s4 ,border ,patrol personnel or other emergency response personnel that a person at that location is in distress2 7,b7 include a self-powering cellular phone relay limited to #iaa calls to allow persons in distress in the area who are unable to get to the beacon station to signal their location and access emergency personnel2 and 7,c7 be movable to allow ,u4,s4 ,border ,patrol to relocate them as needed-- 7i7 to mitigate migrant deaths2 7ii7 to facilitate access to emergency personnel2 and 7iii7 to address any use of the beacons for diversion by criminals4 #aajh4 ,southwest ,border ,region ,prosecution ,initiative 7a7 ,reimbursement to ,state and local prosecutors for federally initiated criminal cases ,the ,attorney ,general shall reimburse ,state1 county1 tribal1 and municipal governments for costs associated with the prosecution1 pretrial services and detention1 clerical support1 and public defenders' services associated with the prosecution of federally initiated immigration-related criminal cases declined by local offices of the ,united ,states ,attorneys4 7b7 ,exception ,reimbursement under subsection 7a7 shall not be available1 at the discretion of the ,attorney ,general1 if the ,attorney ,general determines that there is reason to believe that the jurisdiction seeking reimbursement has engaged in unlawful conduct in connection with immigration-related apprehensions4 7c7 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary to carry out subsection 7a7 during fiscal years #bjad through #bjah4 #aaji4 ,interagency collaboration ,the ,assistant ,secretary of ,defense for ,research and ,engineering shall collaborate with the ,under ,secretary of ,homeland ,security for ,science and ,technology to identify equipment and technology used by the ,department of ,defense that could be used by ,u4,s4 ,customs and ,border ,protection to improve the security of the ,southern border by-- 7#a7 detecting border tunnels2 7#b7 detecting the use of ultralight aircraft2 7#c7 enhancing wide aerial surveillance2 and 7#d7 otherwise improving the enforcement of such border4 #aaaj4 ,state ,criminal ,alien ,assistance ,program 7a7 ,,scaap ,reauthorization ,section #bda7;i77#e77;,c7 7#h ,u4,s4,c4 #abca7;i77#e77 is amended by striking #bjaa4 and inserting #bjae44 7b7 ,,scaap assistance for ,states 7#a7 ,assistance for ,states incarcerating undocumented aliens charged with certain crimes ,section #bda7;i77#c77;,a7 7#h ,u4,s4,c4 #abca7;i77#c77;,a77 is amended by inserting charged with or before convicted4 7#b7 ,assistance for ,states incarcerating unverified aliens ,section #bda7;i7 7#h ,u4,s4,c4 #abca7;i771 as amended by subsection 7a71 is further amended-- 7,a7 by redesignating paragraphs 7#d71 7#e71 and 7#f71 as paragraphs 7#e71 7#f71 and 7#g71 respectively2 7,b7 in paragraph 7#g71 as so redesignated1 by striking 7#e7 and inserting 7#f72 and 7,c7 by adding after paragraph 7#c7 the following3 7#d7 ,in the case of an alien whose immigration status is unable to be verified by the ,secretary of ,homeland ,security1 and who would otherwise be an undocumented criminal alien if the alien is unlawfully present in the ,united ,states1 the ,attorney ,general shall compensate the ,state or political subdivision of the ,state for incarceration of the alien1 consistent with subsection 7i77#b74 4 #aaaa4 ,use of force ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,assistant ,attorney ,general for the ,civil ,rights ,division of the ,department of ,justice1 shall issue policies governing the use of force by all ,department personnel that-- 7#a7 require all ,department personnel to report each use of force2 and 7#b7 establish procedures for-- 7,a7 accepting and investigating complaints regarding the use of force by ,department personnel2 7,b7 disciplining ,department personnel who violate any law or ,department policy relating to the use of force2 and 7,c7 reviewing all uses of force by ,department personnel to determine whether the use of force-- 7i7 complied with ,department policy2 or 7ii7 demonstrates the need for changes in policy1 training1 or equipment4 #aaab4 ,training for border security and immigration enforcement officers 7a7 ,in general ,the ,secretary shall ensure that ,u4,s4 ,customs and ,border ,protection officers1 ,u4,s4 ,border ,patrol agents1 ,u4,s4 ,immigration and ,customs ,enforcement officers and agents1 ,united ,states ,air and ,marine ,division agents1 and agriculture specialists stationed within #ajj miles of any land or marine border of the ,united ,states or at any ,united ,states port of entry receive appropriate training1 which shall be prepared in collaboration with the ,assistant ,attorney ,general for the ,civil ,rights ,division of the ,department of ,justice1 in-- 7#a7 identifying and detecting fraudulent travel documents2 7#b7 civil1 constitutional1 human1 and privacy rights of individuals2 7#c7 the scope of enforcement authorities1 including interrogations1 stops1 searches1 seizures1 arrests1 and detentions2 7#d7 the use of force policies issued by the ,secretary pursuant to section #aaaa2 7#e7 immigration laws1 including screening1 identifying1 and addressing vulnerable populations1 such as children1 victims of crime and human trafficking1 and individuals fleeing persecution or torture2 7#f7 social and cultural sensitivity toward border communities2 7#g7 the impact of border operations on communities2 and 7#h7 any particular environmental concerns in a particular area4 7b7 ,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-- 7#a7 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 ,justice2 7#b7 foster and institutionalize consultation with border communities2 7#c7 consult with border communities on ,department programs1 policies1 strategies1 and directives2 and 7#d7 receive ,department performance assessments from border communities4 7c7 ,humane conditions of confinement for children in ,u4,s4 ,customs and ,border ,protection custody ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall establish standards to ensure that children in the custody of ,u4,s4 ,customs and ,border ,protection-- 7#a7 are afforded adequate medical and mental health care1 including emergency medical and mental health care1 when necessary2 7#b7 receive adequate nutrition2 7#c7 are provided with climate-appropriate clothing1 footwear1 and bedding2 7#d7 have basic personal hygiene and sanitary products2 and 7#e7 are permitted to make supervised phone calls to family members4 #aaac4 ,department of ,homeland ,security ,border ,oversight ,task ,force 7a7 ,establishment 7#a7 ,in general ,there is established an independent task force1 which shall be known as the ,department of ,homeland ,security ,border ,oversight ,task ,force 7referred to in this section as the ,,dhs ,task ,force74 7#b7 ,duties ,the ,,dhs ,task ,force shall-- 7,a7 review and make recommendations regarding immigration and border enforcement policies1 strategies1 and programs that take into consideration their impact on border and tribal communities2 7,b7 recommend ways in which the ,border ,communities ,liaison ,offices can strengthen relations and collaboration between communities in the border regions and the ,department1 the ,department of ,justice1 and other ,federal agencies that carry out such policies1 strategies1 and programs2 7,c7 evaluate how the policies1 strategies1 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 process1 civil1 and human rights of border residents1 visitors1 and migrants at and near such borders2 and 7,d7 evaluate and make recommendations regarding the training of border enforcement personnel described in section #aaab4 7#c7 ,membership 7,a7 ,in general ,the ,,dhs ,task ,force shall be composed of #cc members1 appointed by the ,president1 who have expertise in migration1 local crime indices1 civil and human rights1 community relations1 cross-border trade and commerce1 quality of life indicators1 or other pertinent experience1 of whom-- 7i7 #ad members shall be from the ,northern border region and shall include-- 7,i7 #b local government elected officials2 7,,ii7 #b local law enforcement officials2 7,,iii7 #b tribal government officials2 7,,iv7 #b civil rights advocates2 7,v7 #a business representative2 7,,vi7 #a higher education representative2 7,,vii7 #a private land owner representative2 7,,viii7 #a representative of a faith community2 and 7,,ix7 #b representatives of ,u4,s4 ,border ,patrol2 and 7ii7 #ai members shall be from the ,southern border region and include-- 7,i7 #c local government elected officials2 7,,ii7 #c local law enforcement officials2 7aa7 7,,iii7 #b tribal government officials2 7,,iv7 #c civil rights advocates2 7,v7 #b business representatives2 7,,vi7 #a higher education representative2 7,,vii7 #b private land owner representatives2 7,,viii7 #a representative of a faith community2 and 7,,ix7 #b representatives of ,u4,s4 ,border ,patrol4 7,b7 ,term of service ,members of the ,task ,force shall be appointed for the shorter of-- 7i7 #c years2 or 7ii7 the life of the ,,dhs ,task ,force4 7,c7 ,chair1 vice chair ,the members of the ,,dhs ,task ,force shall elect a ,chair and a ,vice ,chair from among its members1 who shall serve in such capacities for the life of the ,,dhs ,task ,force or until removed by the majority vote of at least #af members4 7b7 ,operations 7#a7 ,hearings ,the ,,dhs ,task ,force may1 for the purpose of carrying out its duties1 hold hearings1 sit and act1 take testimony1 receive evidence1 and administer oaths4 7#b7 ,recommendations ,the ,,dhs ,task ,force may make findings or recommendations to the ,secretary related to the duties described in subsection 7a77#b74 7#c7 ,response ,not later than #ahj days after receiving the findings and recommendations from the ,,dhs ,task ,force under paragraph 7#b71 the ,secretary shall issue a response that describes how the ,department has addressed1 or will address1 such findings and recommendations4 ,if the ,secretary disagrees with any finding of the ,,dhs ,task ,force1 the ,secretary shall provide an explanation for the disagreement4 7#d7 ,information from federal agencies ,the ,chair1 or #af members of the ,,dhs ,task ,force1 may request statistics relating to the duties described in subsection 7a77#b7 directly from any ,federal agency1 which shall1 to the extent authorized by law1 furnish such information1 suggestions1 estimates1 and statistics directly to the ,,dhs ,task ,force4 7#e7 ,compensation ,members of the ,,dhs ,task ,force shall serve without pay1 but shall be reimbursed for reasonable travel and subsistence expenses incurred in the performance of their duties4 7c7 ,report ,not later than #b years after its first meeting1 the ,,dhs ,task ,force shall submit a final report to the ,president1 ,congress1 and the ,secretary that contains-- 7#a7 findings with respect to the duties of the ,,dhs ,task ,force2 and 7#b7 recommendations regarding border and immigration enforcement policies1 strategies1 and programs1 including-- 7,a7 a recommendation as to whether the ,,dhs ,task ,force should continue to operate2 and 7,b7 a description of any duties for which the ,,dhs ,task ,force should be responsible after the termination date described in subsection 7e74 7d7 ,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 #bjad through #bjag4 7e7 ,sunset ,the ,,dhs ,task ,force shall terminate operations #fj days after the date on which the ,,dhs ,task ,force submits the report described in subsection 7c74 #aaad4 ,ombudsman for ,immigration ,related ,concerns of the ,department of ,homeland ,security 7a7 ,establishment ,title ,i of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aaa et seq47 is amended by adding at the end the following new section3 #ajd4 ,ombudsman for ,immigration ,related ,concerns 7a7 ,in general ,there shall be within the ,department an ,ombudsman for ,immigration ,related ,concerns 7in this section referred to as the ,ombudsman74 ,the individual appointed as ,ombudsman shall have a background in immigration law as well as civil and human rights law4 ,the ,ombudsman shall report directly to the ,deputy ,secretary4 7b7 ,functions ,the functions of the ,ombudsman shall be as follows3 7#a7 ,to receive and resolve complaints from individuals and employers and assist in resolving problems with the immigration components of the ,department4 7#b7 ,to conduct inspections of the facilities or contract facilities of the immigration components of the ,department4 7#c7 ,to assist individuals and families who have been the victims of crimes committed by aliens or violence near the ,united ,states border4 7#d7 ,to identify areas in which individuals and employers have problems in dealing with the immigration components of the ,department4 7#e7 ,to the extent practicable1 to propose changes in the administrative practices of the immigration components of the ,department to mitigate problems identified under paragraph 7#d74 7#f7 ,to review1 examine1 and make recommendations regarding the immigration and enforcement policies1 strategies1 and programs of ,u4,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 and ,u4,s4 ,citizenship and ,immigration ,services4 7c7 ,other responsibilities ,in addition to the functions specified in subsection 7b71 the ,ombudsman shall-- 7#a7 monitor the coverage and geographic allocation of local offices of the ,ombudsman1 including appointing a local ombudsman for immigration related concerns2 and 7#b7 evaluate and take personnel actions 7including dismissal7 with respect to any employee of the ,ombudsman4 7d7 ,request for investigations ,the ,ombudsman shall have the authority to request the ,inspector ,general of the ,department of ,homeland ,security to conduct inspections1 investigations1 and audits4 7e7 ,coordination with ,department components ,the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 the ,assistant ,secretary of ,immigration and ,customs ,enforcement1 and the ,commissioner of ,customs and ,border ,protection shall each establish procedures to provide formal responses to recommendations submitted to such official by the ,ombudsman4 7f7 ,annual reports ,not later than ,june #cj of each year1 the ,ombudsman shall submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives on the objectives of the ,ombudsman for the fiscal year beginning in such calendar year4 ,each report shall contain full and substantive analysis1 in addition to statistical information1 and shall set forth any recommendations the ,ombudsman has made on improving the services and responsiveness of ,u4,s4 ,citizenship and ,immigration ,services1 ,u4,s4 ,immigration and ,customs ,enforcement1 and ,u4,s4 ,customs and ,border ,protection and any responses received from the ,department regarding such recommendations4 4 7b7 ,repeal of superseded authority ,section #deb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgb7 is repealed4 7c7 ,clerical amendments ,the table of contents for the ,homeland ,security ,act of #bjjb is amended-- 7#a7 by inserting after the item relating to section #ajc the following new item3 ,sec4 #ajd4 ,ombudsman for ,immigration ,related ,concerns4 2 and 7#b7 by striking the item relating to section #deb4 #aaae4 ,protection of family values in apprehension programs 7a7 ,definitions ,in this section3 7#a7 ,apprehended individual ,the term apprehended individual means an individual apprehended by personnel of the ,department of ,homeland ,security or of a cooperating entity pursuant to a migration deterrence program carried out at a border4 7#b7 ,border ,the term border means an international border of the ,united ,states4 7#c7 ,child ,except as otherwise specifically provided1 the term child has the meaning given to the term in section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a774 7#d7 ,cooperating entity ,the term cooperating entity means a ,state or local entity acting pursuant to an agreement with the ,secretary4 7#e7 ,migration deterrence program ,the term migration deterrence program means an action related to the repatriation or referral for prosecution of #a or more apprehended individuals for a suspected or confirmed violation of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #ajja et seq47 by the ,secretary or a cooperating entity4 7b7 ,procedures for migration deterrence programs at the border 7#a7 ,procedures ,in any migration deterrence program carried out at a border1 the ,secretary and cooperating entities shall for each apprehended individual-- 7,a7 as soon as practicable after such individual is apprehended-- 7i7 inquire as to whether the apprehended individual is-- 7,i7 a parent1 legal guardian1 or primary caregiver of a child2 or 7,,ii7 traveling with a spouse or child2 and 7ii7 ascertain whether repatriation of the apprehended individual presents any humanitarian concern or concern related to such individual's physical safety2 and 7,b7 ensure that1 with respect to a decision related to the repatriation or referral for prosecution of the apprehended individual1 due consideration is given-- 7i7 to the best interests of such individual's child1 if any2 7ii7 to family unity whenever possible2 and 7iii7 to other public interest factors1 including humanitarian concerns and concerns related to the apprehended individual's physical safety4 7c7 ,mandatory training ,the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 the ,attorney ,general1 the ,secretary of ,state1 and independent immigration1 child welfare1 family law1 and human rights law experts1 shall-- 7#a7 develop and provide specialized training for all personnel of ,u4,s4 ,customs and ,border ,protection and cooperating entities who come into contact with apprehended individuals in all legal authorities1 policies1 and procedures relevant to the preservation of a child's best interest1 family unity1 and other public interest factors1 including those described in this ,act2 and 7#b7 require border enforcement personnel to undertake periodic and continuing training on best practices and changes in relevant legal authorities1 policies1 and procedures pertaining to the preservation of a child's best interest1 family unity1 and other public interest factors1 including those described in this ,act4 7d7 ,annual report on the impact of migration deterrence programs at the border 7#a7 ,requirement for annual report ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report that describes the impact of migration deterrence programs on parents1 legal guardians1 primary caregivers of a child1 individuals traveling with a spouse or child1 and individuals who present humanitarian considerations or concerns related to the individual's physical safety4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include for the previous #a-year period an assessment of-- 7,a7 the number of apprehended individuals removed1 repatriated1 or referred for prosecution who are the parent1 legal guardian1 or primary caregiver of a child who is a citizen of the ,united ,states2 7,b7 the number of occasions in which both parents1 or the primary caretaker of such a child was removed1 repatriated1 or referred for prosecution as part of a migration deterrence program2 7,c7 the number of apprehended individuals traveling with close family members who are removed1 repatriated1 or referred for prosecution4 7,d7 the impact of migration deterrence programs on public interest factors1 including humanitarian concerns and physical safety4 7e7 ,regulations ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary shall promulgate regulations to implement this section4 #aaaf4 ,oversight of power to enter private land and stop vehicles without a warrant at the ,northern border 7a7 ,in general ,section #bhg7;a7 7#h ,u4,s4,c4 #aceg7;a77 is amended-- 7#a7 in paragraph 7#e71 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively2 7#b7 by redesignating paragraphs 7#a7 through 7#c7 as subparagraphs 7,a7 through 7,c71 respectively2 7#c7 by redesignating paragraphs 7#d7 and 7#e7 as subparagraphs 7,f7 and 7,g71 respectively2 7#d7 in the matter preceding subparagraph 7,a71 as so redesignated-- 7,a7 by inserting 7#a7 before ,any officer2 7,b7 by striking ,service and inserting ,department of ,homeland ,security2 and 7,c7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 7#e7 in paragraph 7#a77;,c71 as so redesignated1 by inserting the following at the beginning3 except as provided in subparagraphs 7,d7 and 7,e712 7#f7 by inserting after paragraph 7#a77;,c7 the following3 7,d7 with respect to the ,northern border1 as defined in section #aaja of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,enforcement ,act1 within a distance of #be air miles from the ,northern border1 or such distance from the ,northern border as may be prescribed by the ,secretary pursuant to paragraph 7#b7 of this subsection1 to board and search for aliens any vessel within the territorial waters of the ,united ,states and any railway car1 aircraft1 conveyance1 or vehicle for the purpose of patrolling the border to prevent the illegal entry of aliens into the ,united ,states2 7,e7 with respect to the ,northern border1 as defined in section #aaja of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,enforcement ,act1 within a distance of #aj air miles from the ,northern border1 or such distance from the ,northern border as may be prescribed by the ,secretary pursuant to paragraph 7#b7 of this subsection1 to have access to private lands1 but not dwellings1 for the purpose of patrolling the border to prevent the illegal entry of aliens into the ,united ,states2 2 7#g7 by inserting after the flush text at the end of subparagraph 7,f71 as so redesignated1 the following3 7#b7 7,a7 7i7 ,the ,secretary of ,homeland ,security may establish for a ,northern border sector or district a distance less than or greater than #be air miles1 but in no case greater than #ajj air miles1 as the maximum distance from the ,northern border in which the authority described in paragraph 7#a77;,c7 may be exercised1 if the ,secretary certifies that such a distance is necessary for the purpose of patrolling the ,northern border to prevent the illegal entry of aliens into the ,united ,states1 and justified by the considerations listed in subparagraph 7,b74 7ii7 ,the ,secretary of ,homeland ,security may establish for a ,northern border sector or district a distance less than or greater than #aj air miles1 but in no case greater than #be air miles1 as the maximum distance from the ,northern border of the ,united ,states in which the authority described in paragraph 7#a77;,d7 may be exercised1 if the ,secretary certifies that such a distance is necessary for the purpose of patrolling the ,northern border to prevent the illegal entry of aliens into the ,united ,states1 and justified by the considerations listed in subparagraph 7,b74 7,b7 ,in making the certifications described in subparagraph 7,a71 the ,secretary shall consider1 as appropriate1 land topography1 confluence of arteries of transportation leading from external boundaries1 density of population1 possible inconvenience to the traveling public1 types of conveyances used1 reliable information as to movements of persons effecting illegal entry into the ,united ,states1 effects on private property and quality of life for relevant communities and residents1 consultations with affected ,state1 local1 and tribal governments1 including the governor of any relevant ,state1 and other factors that the ,secretary considers appropriate4 7,c7 ,a certification made under subparagraph 7,a7 shall be valid for a period of #e years and may be renewed for additional #e-year periods4 ,if the ,secretary finds at any time that circumstances no longer justify a certification1 the ,secretary shall terminate the certification4 7,d7 ,the ,secretary shall report annually to the ,committee on the ,judiciary and ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on the ,judiciary and ,committee on ,homeland ,security of the ,house of ,representatives the number of certifications made under subparagraph 7,a71 and for each such certification1 the ,northern border sector or district and reasonable distance prescribed1 the period of time the certification has been in effect1 and the factors justifying the certification4 4 7b7 ,technical and conforming amendments 7#a7 ,authorities without a warrant ,in section #bhg7;a7 7#h ,u4,s4,c4 #aceg7;a771 the undesignated matter following paragraph 7#b71 as added by subsection 7a77#e71 is amended-- 7,a7 by inserting 7#c7 before ,under regulations2 7,b7 by striking paragraph 7#e77;,b7 both places that term appears and inserting subparagraph 7,f77ii72 7,c7 by striking 7i7 and inserting 7,a72 7,d7 by striking 7ii7 establish and inserting 7,b7 establish2 7,e7 by striking 7iii7 require and inserting 7,c7 require2 and 7,f7 by striking clause 7ii71 and 7iv7 and inserting subparagraph 7,b71 and 7,d74 7#b7 ,conforming amendment ,section #bhg7;e7 7#h ,u4,s4,c4 #aceg7;e77 is amended by striking paragraph 7#c7 of subsection 7a71 and inserting subsection 7a77#a77;,d714 #aaag4 ,reports 7a7 ,report on certain border matters ,the ,secretary shall submit a report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 the ,committee on the ,judiciary of the ,senate1 and the ,committee on the ,judiciary of the ,house of ,representatives that sets forth-- 7#a7 the effectiveness rate 7as defined in section #b7;a77#d77 for each ,border ,patrol sector along the ,northern border and the ,southern border2 7#b7 the number of miles along the ,southern border that are under persistent surveillance2 7#c7 the monthly wait times per passenger1 including data on averages and peaks1 for crossing the ,northern border and the ,southern border1 and the staffing of such border crossings2 7#d7 the allocations at each port of entry along the ,northern border and the ,southern border2 and 7#e7 the number of migrant deaths occurring near the ,northern border and the ,southern border and the efforts that have been undertaken to mitigate such deaths4 7b7 ,report on interagency collaboration ,the ,under ,secretary of ,defense for ,acquisition1 ,technology1 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 #aaji to-- 7#a7 the ,committee on ,armed ,services of the ,senate2 7#b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7#c7 the ,committee on the ,judiciary of the ,senate2 7#d7 the ,committee on ,armed ,services of the ,house of ,representatives2 7#e7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7#f7 the ,committee on the ,judiciary of the ,house of ,representatives4 #aaah4 ,severability and delegation 7a7 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or any application of such provision or amendment to any person or circumstance1 is held to be unconstitutional1 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 affected4 7b7 ,delegation ,the ,secretary may delegate any authority provided to the ,secretary under this ,act or an amendment made by this ,act to the ,secretary of ,agriculture1 the ,attorney ,general1 the ,secretary of ,defense1 the ,secretary of ,health and ,human ,services1 the ,secretary of ,state1 or the ,commissioner of ,social ,security4 #aaai4 ,prohibition on new land border crossing fees 7a7 ,in general ,beginning on the date of the enactment of this ,act1 the ,secretary shall not-- 7#a7 establish1 collect1 or otherwise impose any new border crossing fee on individuals crossing the ,southern border or the ,northern border at a land port of entry2 or 7#b7 conduct any study relating to the imposition of a border crossing fee4 7b7 ,border crossing fee defined ,in this section1 the term border crossing fee means a fee that every pedestrian1 cyclist1 and driver and passenger of a private motor vehicle is required to pay for the privilege of crossing the ,southern border or the ,northern border at a land port of entry4 #aabj4 ,human ,trafficking ,reporting 7a7 ,short title ,this section may be cited as the ,human ,trafficking ,reporting ,act of #bjac4 7b7 ,findings ,congress finds the following3 7#a7 ,human trafficking is a form of modern-day slavery4 7#b7 ,according to the ,trafficking ,victims ,protection ,act of #bjjj severe forms of trafficking in persons means-- 7,a7 sex trafficking in which a commercial sex act is induced by force1 fraud1 or coercion1 or in which the person induced to perform such act has not attained #ah years of age2 or 7,b7 the recruitment1 harboring1 transportation1 provision1 or obtaining of a person for labor or services1 through the use of force1 fraud1 or coercion for the purpose of subjection to involuntary servitude1 peonage1 debt bondage1 or slavery4 7#c7 ,there is an acute need for better data collection of incidents of human trafficking across the ,united ,states in order to effectively combat severe forms of trafficking in persons4 7#d7 ,the ,state ,department's #bjab ,trafficking in ,persons report found that-- 7,a7 the ,united ,states is a source1 transit and destination country for men1 women1 and children1 subjected to forced labor1 debt bondage1 domestic servitude and sex trafficking12 and 7,b7 the ,united ,states needs to improve data collection on human trafficking cases at the federal1 state and local levels4 7#e7 ,the ,international ,organization for ,migration has reported that in order to effectively combat human trafficking there must be reliable and standardized data1 however1 the following barriers for data collection exist3 7,a7 ,the illicit and underground nature of human trafficking4 7,b7 ,the reluctance of victims to share information with authorities4 7,c7 ,insufficient human trafficking data collection and research efforts by governments worldwide4 7#f7 ,a #bjji report to the ,department of ,health and ,human ,services entitled ,human ,trafficking ,into and ,within the ,united ,states3 ,a ,review of the ,literature found that the data and methodologies for estimating the prevalence of human trafficking globally and nationally are not well developed1 and therefore estimates have varied widely and changed significantly over time4 7#g7 ,the ,federal ,bureau of ,investigation compiles national crime statistics through the ,uniform ,crime ,reporting ,program4 7#h7 ,under current law1 ,state and local governments receiving ,edward ,byrne ,memorial ,justice ,assistance grants are required to share data on part #a violent crimes with the ,federal ,bureau of ,investigation for inclusion in the ,uniform ,crime ,reporting ,program4 7#i7 ,the addition of severe forms of trafficking in persons to the definition of part #a violent crimes will ensure that statistics on this heinous crime will be compiled and available through the ,federal ,bureau of ,investigation's ,uniform ,crime ,report4 7c7 ,human trafficking ,to be included in part #a violent crimes for purposes of ,byrne grants ,section #eje of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgee7 is amended by adding at the end the following new subsection3 7i7 ,part #a violent crimes ,to include human trafficking ,for purposes of this section1 the term part #a violent crimes shall include severe forms of trafficking in persons1 as defined in section #ajc7h7 of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb7h774 4 #aaba4 ,rule of construction ,nothing in this ,act may be construed to authorize the deployment1 procurement1 or construction of fencing along the ,northern border4 #aabb4 ,limitations on dangerous deportation practices 7a7 ,certification required 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 and every #ahj days thereafter1 the ,secretary1 except as provided in paragraph 7#b71 shall submit written certification to ,congress that the ,department has only deported or otherwise removed a migrant from the ,united ,states through an entry or exit point on the ,southern border during daylight hours4 7#b7 ,exception ,the certification required under paragraph 7#a7 shall not apply to the deportation or removal of a migrant otherwise described in that paragraph if-- 7,a7 the manner of the deportation or removal is justified by a compelling governmental interest2 7,b7 the manner of the deportation or removal is in accordance with an applicable ,local ,arrangement for the ,repatriation of ,mexican ,nationals entered into by the appropriate ,mexican ,consulate2 or 7,c7 the migrant is not an unaccompanied minor and the migrant-- 7i7 is deported or removed through an entry or exit point in the same sector as the place where the migrant was apprehended2 or 7ii7 agrees to be deported or removed in such manner after being notified of the intended manner of deportation or removal4 7b7 ,additional information required ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall submit to ,congress a study of the ,alien ,transfer ,exit ,program1 which shall include-- 7#a7 the specific locations on the ,southern border where lateral repatriations have occurred during the #a-year period preceding the submission of the study2 7#b7 the performance measures developed by ,u4,s4 ,customs and ,border ,protection to determine if the ,alien ,transfer ,exit ,program is deterring migrants from repeatedly crossing the border or otherwise reducing recidivism2 and 7#c7 the consideration given1 if any1 to the rates of violent crime and the availability of infrastructure and social services in ,mexico near such locations4 7c7 ,prohibition on confiscation of property ,notwithstanding any other provision of law1 lawful1 nonperishable belongings of a migrant that are confiscated by personnel operating under ,federal authority shall be returned to the migrant before repatriation1 to the extent practicable4 7#a7 #aabc4 ,maximum allowable costs of salaries of contractor employees ,section #dcjd7;a77#af7 of title #da1 ,united ,states ,code1 is amended by inserting before the period at the end the following3 1 except that in the case of contracts with the ,department of ,homeland ,security or the ,national ,guard while operating in ,federal status that relate to border security1 the limit on the costs of compensation of all executives and employees of contractors is the annual amount payable under the aggregate limitation on pay as established by the ,office of ,management and ,budget 7currently #bcj1gjj74 ,b ,other matters #abja4 ,removal of nonimmigrants who overstay their visas 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall initiate removal proceedings1 in accordance with chapter #d of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abba et seq471 confirm that immigration relief or protection has been granted or is pending1 or otherwise close #ij percent of the cases of nonimmigrants who-- 7#a7 were admitted to the ,united ,states as nonimmigrants after the date of the enactment of this ,act2 and 7#b7 during the most recent #ab-month period1 have entered the category of having exceeded their authorized period of admission by more than #ahj days4 7b7 ,semiannual report ,every #f months after the date of the enactment of this ,act1 the ,secretary shall submit a report to ,congress that identifies-- 7#a7 the total number of nonimmigrants who the ,secretary has determined have exceeded their authorized period of admission by more than #ahj days after the date of the enactment of this ,act1 categorized by-- 7,a7 the type of visa that authorized their entry into the ,united ,states2 7,b7 their country of origin2 and 7,c7 the length of time since their visa expired4 7#b7 an estimate of the total number of nonimmigrants who are physically present in the ,united ,states and have exceeded their authorized period of admission by more than #ahj days after the date of the enactment of this ,act2 7#c7 for the most recent #f-month and #ab-month periods-- 7,a7 the total number of removal proceedings that were initiated against nonimmigrants who were physically present in the ,united ,states more than #ahj days after the expiration of the period for which they were lawfully admitted2 and 7,b7 as a result of the removal proceedings described in paragraph 7,a7-- 7i7 the total number of removals pending2 7ii7 the total number of nonimmigrants who were ordered to be removed from the ,united ,states2 7iii7 the total number of nonimmigrants whose removal proceedings were cancelled2 and 7iv7 the total number of nonimmigrants who were granted immigration relief or protection in removal proceedings4 7c7 ,estimated population ,each report submitted under subsection 7b7 shall include a comprehensive1 detailed explanation of and justification for the methodology used to estimate the population described in subsection 7a74 #abjb4 ,visa overstay notification pilot program 7a7 ,establishment of pilot program ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish a pilot program to explore the feasibility and effectiveness of notifying individuals who have traveled to the ,united ,states from a foreign nation that the terms of their admission to the ,united ,states are about to expire1 including individuals that entered with a visa or through the visa waiver program4 7b7 ,requirements ,in establishing the pilot program required under subsection 7a71 the ,secretary shall-- 7#a7 provide for the collection of contact information1 including telephone numbers and email addresses1 as appropriate1 of individuals traveling to the ,united ,states from a foreign nation2 and 7#b7 randomly select a pool of participants in order to form a statistically significant sample of people who travel to the ,united ,states each year to receive notification by telephone1 email1 or other electronic means that the terms of their admission to the ,united ,states is about to expire4 7c7 ,report ,not later than #a year after the date on which the ,secretary establishes the pilot program under subsection 7a71 the ,secretary shall submit to ,congress a report on whether the telephone or email notifications have a statistically significant effect on reducing the rates of visa overstays in the ,united ,states4 #abjc4 ,preventing unauthorized immigration transiting through ,mexico 7a7 ,in general ,the ,secretary of ,state1 in coordination with the ,secretary of ,homeland ,security1 shall develop1 in consultation with the relevant ,committees of ,congress1 a strategy to address the unauthorized immigration of individuals who transit through ,mexico to the ,united ,states4 7b7 ,requirements ,the strategy developed under subsection 7a7 shall include specific steps-- 7#a7 to enhance the training1 resources1 and professionalism of border and law enforcement officials in ,mexico1 ,honduras1 ,el ,salvador1 ,guatemala1 and other countries1 as appropriate2 and 7#b7 to educate nationals of the countries described in paragraph 7#a7 about the perils of the journey to the ,united ,states1 including how this ,act will increase the likelihood of apprehension1 increase criminal penalties associated with illegal entry1 and make finding employment in the ,united ,states more difficult4 7c7 ,implementation of strategy ,in carrying out the strategy developed under subsection 7a7-- 7#a7 the ,secretary of ,homeland ,security1 in conjunction with the ,secretary of ,state1 shall produce an educational campaign and disseminate information about the perils of the journey across ,mexico1 the likelihood of apprehension1 and the difficulty of finding employment in the ,united ,states2 and 7#b7 the ,secretary of ,state1 in coordination with the ,secretary of ,homeland ,security1 shall offer-- 7,a7 training to border and law enforcement officials to enable these officials to operate more effectively1 by using1 to the greatest extent practicable1 ,department of ,homeland ,security personnel to conduct the training2 and 7,b7 technical assistance and equipment to border officials1 including computers1 document readers1 and other forms of technology that may be needed1 as appropriate4 7d7 ,availability of funds ,the ,secretary of ,homeland ,security may use such sums as are necessary from the ,comprehensive ,immigration ,trust ,fund established under section #f7;a77#a7 to carry out this section4 ,,ii ,immigrant visas ,a ,registration and adjustment of registered provisional immigrants #baja4 ,registered provisional immigrant status 7a7 ,authorization ,chapter #e of title ,,ii 7#h ,u4,s4,c4 #abee et seq47 is amended by inserting after section #bde;,a the following3 #bde;,b4 ,adjustment of status of eligible entrants before ,december #ca1 #bjaa1 to that of registered provisional immigrant 7a7 ,in general ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security 7referred to in this section and in sections #bde;,c through #bde;,f as the ,secretary71 after conducting the national security and law enforcement clearances required under subsection 7c77#h71 may grant registered provisional immigrant status to an alien who-- 7#a7 meets the eligibility requirements set forth in subsection 7b72 7#b7 submits a completed application before the end of the period set forth in subsection 7c77#c72 and 7#c7 has paid the fee required under subsection 7c77#aj77;,a7 and the penalty required under subsection 7c77#aj77;,c71 if applicable4 7b7 ,eligibility requirements 7#a7 ,in general ,an alien is not eligible for registered provisional immigrant status unless the alien establishes1 by a preponderance of the evidence1 that the alien meets the requirements set forth in this subsection4 7#b7 ,physical presence 7,a7 ,in general ,the alien-- 7i7 shall be physically present in the ,united ,states on the date on which the alien submits an application for registered provisional immigrant status2 7ii7 shall have been physically present in the ,united ,states on or before ,december #ca1 #bjaa2 and 7iii7 shall have maintained continuous physical presence in the ,united ,states from ,december #ca1 #bjaa1 until the date on which the alien is granted status as a registered provisional immigrant under this section4 7,b7 ,break in physical presence 7i7 ,in general ,except as provided in clause 7ii71 an alien who is absent from the ,united ,states without authorization after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act does not meet the continuous physical presence requirement set forth in subparagraph 7,a77iii74 7ii7 ,exception ,an alien who departed from the ,united ,states after ,december #ca1 #bjaa1 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 brief1 casual1 and innocent whether or not such absences were authorized by the ,secretary4 7#c7 ,grounds for ineligibility 7,a7 ,in general ,except as provided in subparagraph 7,b71 an alien is ineligible for registered provisional immigrant status if the ,secretary determines that the alien-- 7i7 has a conviction for-- 7,i7 an offense classified as a felony in the convicting jurisdiction 7other than a ,state or local offense for which an essential element was the alien's immigration status1 or a violation of this ,act72 7,,ii7 an aggravated felony 7as defined in section #aja7;a77#dc7 at the time of the conviction72 7,,iii7 #c or more misdemeanor offenses 7other than minor traffic offenses or ,state or local offenses for which an essential element was the alien's immigration status1 or violations of this ,act7 if the alien was convicted on different dates for each of the #c offenses2 7,,iv7 any offense under foreign law1 except for a purely political offense1 which1 if the offense had been committed in the ,united ,states1 would render the alien inadmissible under section #bab7;a7 7excluding the paragraphs set forth in clause 7ii77 or removable under section #bcg7;a71 except as provided in paragraph 7#c7 of section #bcg7;a72 7,v7 unlawful voting 7as defined in section #bcg7;a77#f772 7ii7 is inadmissible under section #bab7;a71 except that in determining an alien's inadmissibility-- 7,i7 paragraphs 7#d71 7#e71 7#g71 and 7#i77;,b7 of section #bab7;a7 shall not apply2 7,,ii7 subparagraphs 7,a71 7,c71 7,d71 7,f71 and 7,g7 of section #bab7;a77#f7 and paragraphs 7#i77;,c7 and 7#aj77;,b7 of section #bab7;a7 shall not apply unless based on the act of unlawfully entering the ,united ,states after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 and 7,,iii7 paragraphs 7#f77;,b7 and 7#i77;,a7 of section #bab7;a7 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 section2 7iii7 is an alien who the ,secretary knows or has reasonable grounds to believe1 is engaged in or is likely to engage after entry in any terrorist activity 7as defined in section #bab7;a77#c77;,b77iv772 or 7iv7 was1 on ,april #af1 #bjac-- 7,i7 an alien lawfully admitted for permanent residence2 7,,ii7 an alien admitted as a refugee under section #bjg or granted asylum under section #bjh2 or 7,,iii7 an alien who1 according to the records of the ,secretary or the ,secretary of ,state1 is lawfully present in the ,united ,states in any nonimmigrant status 7other than an alien considered to be a nonimmigrant solely due to the application of section #bdd7;f77#d7 or the amendment made by section #gjb of the ,consolidated ,natural ,resources ,act of #bjjh 7,public ,law #aaj-bbi771 notwithstanding any unauthorized employment or other violation of nonimmigrant status4 7,b7 ,waiver 7i7 ,in general ,the ,secretary may waive the application of subparagraph 7,a77i77,,iii7 or any provision of section #bab7;a7 that is not listed in clause 7ii7 on behalf of an alien for humanitarian purposes1 to ensure family unity1 or if such a waiver is otherwise in the public interest4 ,any discretionary authority to waive grounds of inadmissibility under section #bab7;a7 conferred under any other provision of this ,act shall apply equally to aliens seeking registered provisional status under this section4 7ii7 ,exceptions ,the discretionary authority under clause 7i7 may not be used to waive-- 7,i7 subparagraph 7,b71 7,c71 7,d77ii71 7,e71 7,g71 7,h71 or 7,i7 of section #bab7;a77#b72 7,,ii7 section #bab7;a77#c72 7,,iii7 subparagraph 7,a71 7,c71 7,d71 or 7,e7 of section #bab7;a77#aj72 or 7,,iv7 with respect to misrepresentations relating to the application for registered provisional immigrant status1 section #bab7;a77#f77;,c77i74 7,c7 ,conviction explained ,for purposes of this paragraph1 the term conviction does not include a judgment that has been expunged1 set aside1 or the equivalent4 7,d7 ,rule of construction ,nothing in this paragraph may be construed to require the ,secretary to commence removal proceedings against an alien4 7#d7 ,applicability of other provisions ,sections #bjh7;d77#f7 and #bdj;,b7d7 shall not apply to any alien filing an application for registered provisional immigrant status under this section4 7#e7 ,dependent spouse and children 7,a7 ,in general ,notwithstanding any other provision of law1 the ,secretary may classify the spouse or child of a registered provisional immigrant as a registered provisional immigrant dependent if the spouse or child-- 7i7 was physically present in the ,united ,states on or before ,december #ca1 #bjab1 and has maintained continuous presence in the ,united ,states from that date until the date on which the registered provisional immigrant is granted such status1 with the exception of absences from the ,united ,states that are brief1 casual1 and innocent1 whether or not such absences were authorized by the ,secretary2 and 7ii7 meets all of the eligibility requirements set forth in this subsection1 other than the requirements of clause 7ii7 or 7iii7 of paragraph 7#b77;,a74 7,b7 ,effect of termination of legal relationship or domestic violence ,if the spousal or parental relationship between an alien who is granted registered provisional immigrant status under this section and the alien's spouse or child is terminated due to death or divorce or the spouse or child has been battered or subjected to extreme cruelty by the alien 7regardless of whether the legal relationship terminates71 the spouse or child may apply for classification as a registered provisional immigrant4 7,c7 ,effect of disqualification of parent ,notwithstanding subsection 7c77#c71 if the application of a spouse or parent for registered provisional immigrant status is terminated or revoked1 the husband1 wife1 or child of that spouse or parent shall be eligible to apply for registered provisional immigrant status independent of the parent or spouse4 7c7 ,application procedures 7#a7 ,in general ,an alien1 or the dependent spouse or child of such alien1 who meets the eligibility requirements set forth in subsection 7b7 may apply for status as a registered provisional immigrant or a registered provisional immigrant dependent1 as applicable1 by submitting a completed application form to the ,secretary during the application period set forth in paragraph 7#c71 in accordance with the final rule promulgated by the ,secretary under the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 ,an applicant for registered provisional immigrant status shall be treated as an applicant for admission4 7#b7 ,payment of taxes 7,a7 ,in general ,an alien may not file an application for registered provisional immigrant status under paragraph 7#a7 unless the applicant has satisfied any applicable ,federal tax liability4 7,b7 ,definition of applicable federal tax liability ,in this paragraph1 the term applicable ,federal tax liability means all ,federal income taxes assessed in accordance with section #fbjc of the ,internal ,revenue ,code of #aihf4 7,c7 ,demonstration of compliance ,an applicant may demonstrate compliance with this paragraph by submitting appropriate documentation1 in accordance with regulations promulgated by the ,secretary1 in consultation with the ,secretary of the ,treasury4 7#c7 ,application period 7,a7 ,initial period ,except as provided in subparagraph 7,b71 the ,secretary may only accept applications for registered provisional immigrant status from aliens in the ,united ,states during the #a-year period beginning on the date on which the final rule is published in the ,federal ,register pursuant to paragraph 7#a74 7,b7 ,extension ,if the ,secretary determines1 during the initial period described in subparagraph 7,a71 that additional time is required to process applications for registered provisional immigrant status or for other good cause1 the ,secretary may extend the period for accepting applications for such status for an additional #ah months4 7#d7 ,application form 7,a7 ,required information 7i7 ,in general ,the application form referred to in paragraph 7#a7 shall collect such information as the ,secretary determines to be necessary and appropriate1 including1 for the purpose of understanding immigration trends-- 7,i7 an explanation of how1 when1 and where the alien entered the ,united ,states2 7,,ii7 the country in which the alien resided before entering the ,united ,states2 and 7,,iii7 other demographic information specified by the ,secretary4 7ii7 ,privacy protections ,information described in subclauses 7,i7 through 7,,iii7 of clause 7i71 which shall be provided anonymously by the applicant on the application form referred to in paragraph 7#a71 shall be subject to the same confidentiality provisions as those set forth in section #i of title #ac1 ,united ,states ,code4 7iii7 ,report ,the ,secretary shall submit a report to ,congress that contains a summary of the statistical data about immigration trends collected pursuant to clause 7i74 7,b7 ,family application ,the ,secretary shall establish a process through which an alien may submit a single application under this section on behalf of the alien1 his or her spouse1 and his or her children who are residing in the ,united ,states4 7,c7 ,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 7b74 7#e7 ,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 ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act and the end of the application period described in paragraph 7#c7 appears prima facie eligible for registered provisional immigrant status1 to the satisfaction of the ,secretary1 the ,secretary-- 7,a7 shall provide the alien with a reasonable opportunity to file an application under this section during such application period2 and 7,b7 may not remove the individual until a final administrative determination is made on the application4 7#f7 ,eligibility after departure 7,a7 ,in general ,an alien who departed from the ,united ,states while subject to an order of exclusion1 deportation1 or removal1 or pursuant to an order of voluntary departure and who is outside of the ,united ,states1 or who has reentered the ,united ,states illegally after ,december #ca1 #bjaa without receiving the ,secretary's consent to reapply for admission under section #bab7;a77#i71 shall not be eligible to file an application for registered provisional immigrant status4 7,b7 ,waiver ,the ,secretary1 in the ,secretary's sole and unreviewable discretion1 subject to subparagraph 7,d71 may waive the application of subparagraph 7,a7 on behalf of an alien if the alien-- 7i7 is the spouse or child of a ,united ,states citizen or lawful permanent resident2 7ii7 is the parent of a child who is a ,united ,states citizen or lawful permanent resident2 7iii7 meets the requirements set forth in clauses 7ii7 and 7iii7 of section #bde;,d7b77#a77;,a72 or 7iv7 meets the requirements set forth in section #bde;,d7b77#a77;,a77ii71 is #af years or older on the date on which the alien applies for registered provisional immigrant status1 and was physically present in the ,united ,states for an aggregate period of not less than #c years during the #f-year period immediately preceding the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7,c7 ,eligibility ,subject to subparagraph 7,d7 and notwithstanding subsection 7b77#b71 section #bda7;a77#e71 or a prior order of exclusion1 deportation1 or removal1 an alien described in subparagraph 7,b7 who is otherwise eligible for registered provisional immigrant status may file an application for such status4 7,d7 ,crime victims' rights to notice and consultation ,prior to applying1 or exercising1 any authority under this paragraph1 or ruling upon an application allowed under subparagraph 7,c7 the ,secretary shall-- 7i7 determine whether or not an alien described under subparagraph 7,b7 or 7,c7 has a conviction for any criminal offense2 7ii7 in consultation with the agency that prosecuted the criminal offense under clause 7i71 if the agency1 in the sole discretion of the agency1 is willing to cooperate with the ,secretary1 make all reasonable efforts to identify each victim of a crime for which an alien determined to be a criminal under clause 7i7 has a conviction2 7iii7 in consultation with the agency that prosecuted the criminal offense under clause 7i71 if the agency1 in the sole discretion of the agency1 is willing to cooperate with the ,secretary1 make all reasonable efforts to provide each victim identified under clause 7ii7 with written notice that the alien is being considered for a waiver under this paragraph1 specifying in such notice that the victim may-- 7,i7 take no further action2 7,,ii7 request written notification by the ,secretary of any subsequent application for waiver filed by the criminal alien under this paragraph and of the final determination of the ,secretary regarding such application2 or 7,,iii7 not later than #fj days after the date on which the victim receives written notice under this clause1 request a consultation with the ,secretary relating to whether the application of the offender should be granted and if the victim cannot be located or if no response is received from the victim within the designated time period1 the ,secretary shall proceed with adjudication of the application2 and 7iv7 at the request of a victim under clause 7iii71 consult with the victim to determine whether or not the ,secretary should1 in the case of an alien who is determined under clause 7i7 to have a conviction for any criminal offense1 exercise waiver authority for an alien described under subparagraph 7,b71 or grant the application of an alien described under subparagraph 7,c74 7,e7 ,crime victims' right to intervention ,in addition to the victim notification and consultation provided for in subparagraph 7,d71 the ,secretary shall allow the victim of a criminal alien described under subparagraph 7,b7 or 7,c7 to request consultation regarding1 or notice of1 any application for waiver filed by the criminal alien under this paragraph1 including the final determination of the ,secretary regarding such application4 7,f7 ,confidentiality protections for crime victims ,the ,secretary and the ,attorney ,general may not make an adverse determination of admissibility or deportability of any alien who is a victim and not lawfully present in the ,united ,states based solely on information supplied or derived in the process of identification1 notification1 or consultation under this paragraph4 7,g7 ,reports required ,not later than ,september #cj of each fiscal year in which the ,secretary exercises authority under this paragraph to rule upon the application of a criminal offender allowed under subparagraph 7,c71 the ,secretary shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report detailing the execution of the victim identification and notification process required under subparagraph 7,d71 which shall include-- 7i7 the total number of criminal offenders who have filed an application under subparagraph 7,c7 and the crimes committed by such offenders2 7ii7 the total number of criminal offenders whose application under subparagraph 7,c7 has been granted and the crimes committed by such offenders2 and 7iii7 the total number of victims of criminal offenders under clause 7ii7 who were not provided with written notice of the offender's application and the crimes committed against the victims4 7,h7 ,definition ,in this paragraph1 the term victim has the meaning given the term in section #ejc7;e7 of the ,victims' ,rights and ,restitution ,act of #aiij 7#db ,u4,s4,c4 #ajfjg7;e774 7#g7 ,suspension of removal during application period 7,a7 ,protection from detention or removal ,a registered provisional immigrant may not be detained by the ,secretary or removed from the ,united ,states1 unless-- 7i7 the ,secretary determines that-- 7,i7 such alien is1 or has become1 ineligible for registered provisional immigrant status under subsection 7b77#c72 or 7,,ii7 the alien's registered provisional immigrant status has been revoked under subsection 7d77#b74 7,b7 ,aliens in removal proceedings ,notwithstanding any other provision of this ,act-- 7i7 if the ,secretary determines that an alien1 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 7#c71 is in removal1 deportation1 or exclusion proceedings before the ,executive ,office for ,immigration ,review and is prima facie eligible for registered provisional immigrant status under this section-- 7,i7 the ,secretary shall provide the alien with the opportunity to file an application for such status2 and 7,,ii7 upon motion by the ,secretary and with the consent of the alien or upon motion by the alien1 the ,executive ,office for ,immigration ,review shall-- 7aa7 terminate such proceedings without prejudice to future proceedings on any basis2 and 7bb7 provide the alien a reasonable opportunity to apply for such status2 and 7ii7 if the ,executive ,office for ,immigration ,review determines that an alien1 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 7#c71 is in removal1 deportation1 or exclusion proceedings before the ,executive ,office for ,immigration ,review and is prima facie eligible for registered provisional immigrant status under this section-- 7,i7 the ,executive ,office of ,immigration ,review shall notify the ,secretary of such determination2 and 7,,ii7 if the ,secretary does not dispute the determination of prima facie eligibility within #g days after such notification1 the ,executive ,office for ,immigration ,review1 upon consent of the alien1 shall-- 7aa7 terminate such proceedings without prejudice to future proceedings on any basis2 and 7bb7 permit the alien a reasonable opportunity to apply for such status4 7,c7 ,treatment of certain aliens 7i7 ,in general ,if an alien who meets the eligibility requirements set forth in subsection 7b7 is present in the ,united ,states and has been ordered excluded1 deported1 or removed1 or ordered to depart voluntarily from the ,united ,states under any provision of this ,act-- 7,i7 notwithstanding such order or section #bda7;a77#e71 the alien may apply for registered provisional immigrant status under this section2 and 7,,ii7 if the alien is granted such status1 the alien shall file a motion to reopen the exclusion1 deportation1 removal1 or voluntary departure order1 which motion shall be granted unless #a or more of the grounds of ineligibility is established by clear and convincing evidence4 7ii7 ,limitations on motions to reopen ,the limitations on motions to reopen set forth in section #bdj7;c77#g7 shall not apply to motions filed under clause 7i77,,ii74 7,d7 ,period pending adjudication of application 7i7 ,in general ,during the period beginning on the date on which an alien applies for registered provisional immigrant status under paragraph 7#a7 and the date on which the ,secretary makes a final decision regarding such application1 the alien-- 7,i7 may receive advance parole to reenter the ,united ,states if urgent humanitarian circumstances compel such travel2 7,,ii7 may not be detained by the ,secretary or removed from the ,united ,states unless the ,secretary makes a prima facie determination that such alien is1 or has become1 ineligible for registered provisional immigrant status under subsection 7b77#c72 7,,iii7 shall not be considered unlawfully present for purposes of section #bab7;a77#i77;,b72 and 7,,iv7 shall not be considered an unauthorized alien 7as defined in section #bgd;,a7h77#c774 7ii7 ,evidence of application filing ,as soon as practicable after receiving each application for registered provisional immigrant status1 the ,secretary shall provide the applicant with a document acknowledging the receipt of such application4 7iii7 ,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 #bgd;,a7a77#b7 if the employer continues to employ the alien pending the adjudication of the alien employee's application4 7iv7 ,effect of departure ,section #aja7;g7 shall not apply to an alien granted-- 7,i7 advance parole under clause 7i77,i7 to reenter the ,united ,states2 or 7,,ii7 registered provisional immigrant status4 7#h7 ,security and law enforcement clearances 7,a7 ,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 ,secretary4 7,b7 ,alternative procedures ,the ,secretary shall provide an alternative procedure for applicants who cannot provide the biometric data required under subparagraph 7,a7 because of a physical impairment4 7,c7 ,clearances 7i7 ,data collection ,the ,secretary shall collect1 from each alien applying for status under this section1 biometric1 biographic1 and other data that the ,secretary determines to be appropriate-- 7,i7 to conduct national security and law enforcement clearances2 and 7,,ii7 to determine whether there are any national security or law enforcement factors that would render an alien ineligible for such status4 7ii7 ,additional security screening ,the ,secretary1 in consultation with the ,secretary of ,state and other interagency partners1 shall conduct an additional security screening upon determining1 in the ,secretary's opinion based upon information related to national security1 that an alien or alien dependent spouse or child is or was a citizen or long-term resident of a region or country known to pose a threat1 or that contains groups or organizations that pose a threat1 to the national security of the ,united ,states4 7iii7 ,prerequisite ,the required clearances and screenings described in clauses 7i77,i7 and 7ii7 shall be completed before the alien may be granted registered provisional immigrant status4 7#i7 ,duration of status and extension 7,a7 ,in general ,the initial period of authorized admission for a registered provisional immigrant-- 7i7 shall remain valid for #f years unless revoked pursuant to subsection 7d77#b72 and 7ii7 may be extended for additional #f-year terms if-- 7,i7 the alien remains eligible for registered provisional immigrant status2 7,,ii7 the alien meets the employment requirements set forth in subparagraph 7,b72 7,,iii7 the alien has successfully passed background checks that are equivalent to the background checks described in section #bde;,d7b77#a77;,e72 and 7,,iv7 such status was not revoked by the ,secretary for any reason4 7,b7 ,employment or education requirement ,except as provided in subparagraphs 7,d7 and 7,e7 of section #bde;,c7b77#c71 an alien may not be granted an extension of registered provisional immigrant status under this paragraph unless the alien establishes that1 during the alien's period of status as a registered provisional immigrant1 the alien-- 7i7 7,i7 was regularly employed throughout the period of admission as a registered provisional immigrant1 allowing for brief periods lasting not more than #fj days2 and 7,,ii7 is not likely to become a public charge 7as determined under section #bab7;a77#d772 or 7ii7 is able to demonstrate average income or resources that are not less than #ajj percent of the ,federal poverty level throughout the period of admission as a registered provisional immigrant4 7,c7 ,payment of taxes ,an applicant may not be granted an extension of registered provisional immigrant status under subparagraph 7,a77ii7 unless the applicant has satisfied any applicable ,federal tax liability in accordance with paragraph 7#b74 7#aj7 ,fees and penalties 7,a7 ,standard processing fee 7i7 ,in general ,aliens who are #af years of age or older and are applying for registered provisional immigrant status under paragraph 7#a71 or for an extension of such status under paragraph 7#i77;,a77ii71 shall pay a processing fee to the ,department of ,homeland ,security in an amount determined by the ,secretary4 7ii7 ,recovery of costs ,the processing fee authorized under clause 7i7 shall be set at a level that is sufficient to recover the full costs of processing the application1 including any costs incurred-- 7,i7 to adjudicate the application2 7,,ii7 to take and process biometrics2 7,,iii7 to perform national security and criminal checks1 including adjudication2 7,,iv7 to prevent and investigate fraud2 and 7,v7 to administer the collection of such fee4 7iii7 ,authority to limit fees ,the ,secretary1 by regulation1 may-- 7,i7 limit the maximum processing fee payable under this subparagraph by a family1 including spouses and unmarried children younger than #ba years of age2 and 7,,ii7 exempt defined classes of individuals1 including individuals described in section #bde;,b7c77#ac71 from the payment of the fee authorized under clause 7i74 7,b7 ,deposit and use of processing fees ,fees collected under subparagraph 7,a77i7-- 7i7 shall be deposited into the ,immigration ,examinations ,fee ,account pursuant to section #bhf7m72 and 7ii7 shall remain available until expended pursuant to section #bhf7n74 7,c7 ,penalty 7i7 ,payment ,in addition to the processing fee required under subparagraph 7,a71 aliens not described in section #bde;,d7b77,a77ii7 who are #ba years of age or older and are filing an application under this subsection shall pay a #a1jjj penalty to the ,department of ,homeland ,security4 7ii7 ,installments ,the ,secretary shall establish a process for collecting payments required under clause 7i7 that permits the penalty under that clause to be paid in periodic installments that shall be completed before the alien may be granted an extension of status under paragraph 7#i77;,a77ii74 7iii7 ,deposit ,penalties collected pursuant to this subparagraph shall be deposited into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7#aa7 ,adjudication 7,a7 ,failure to submit sufficient evidence ,the ,secretary shall deny an application submitted by an alien who fails to submit-- 7i7 requested initial evidence1 including requested biometric data2 or 7ii7 any requested additional evidence by the date required by the ,secretary4 7,b7 ,amended application ,an alien whose application for registered provisional immigrant status is denied under subparagraph 7,a7 may file an amended application for such status to the ,secretary if the amended application-- 7i7 is filed within the application period described in paragraph 7#c72 and 7ii7 contains all the required information and fees that were missing from the initial application4 7#ab7 ,evidence of registered provisional immigrant status 7,a7 ,in general ,the ,secretary shall issue documentary evidence of registered provisional immigrant status to each alien whose application for such status has been approved4 7,b7 ,documentation features ,documentary evidence provided under subparagraph 7,a7-- 7i7 shall be machine-readable and tamper-resistant1 and shall contain a digitized photograph2 7ii7 shall1 during the alien's authorized period of admission1 and any extension of such authorized admission1 serve as a valid travel and entry document for the purpose of applying for admission to the ,united ,states2 7iii7 may be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section #bgd;,a7b77#a77;,b72 7iv7 shall indicate that the alien is authorized to work in the ,united ,states for up to #c years2 and 7v7 shall include such other features and information as may be prescribed by the ,secretary4 7#ac7 ,,daca recipients ,unless the ,secretary determines that an alien who was granted ,deferred ,action for ,childhood ,arrivals 7referred to in this paragraph as ,,daca7 pursuant to the ,secretary's memorandum of ,june #ae1 #bjab1 has engaged in conduct since the alien was granted ,,daca that would make the alien ineligible for registered provisional immigrant status1 the ,secretary may grant such status to the alien if renewed national security and law enforcement clearances have been completed on behalf of the alien4 7d7 ,terms and conditions of registered provisional immigrant status 7#a7 ,conditions of registered provisional immigrant status 7,a7 ,employment ,notwithstanding any other provision of law1 including section #bda7;a77#g71 a registered provisional immigrant shall be authorized to be employed in the ,united ,states while in such status4 7,b7 ,travel outside the united states ,a registered provisional immigrant may travel outside of the ,united ,states and may be admitted1 if otherwise admissible1 upon returning to the ,united ,states without having to obtain a visa if-- 7i7 the alien is in possession of-- 7,i7 valid1 unexpired documentary evidence of registered provisional immigrant status that complies with subsection 7c77#ab72 or 7,,ii7 a travel document1 duly approved by the ,secretary1 that was issued to the alien after the alien's original documentary evidence was lost1 stolen1 or destroyed2 7ii7 the alien's absence from the ,united ,states did not exceed #ahj days1 unless the alien's failure to timely return was due to extenuating circumstances beyond the alien's control2 7iii7 the alien meets the requirements for an extension as described in subclauses 7,i7 and 7,,iii7 of paragraph 7#i77;,a72 and 7iv7 the alien establishes that the alien is not inadmissible under subparagraph 7,a77i71 7,a77iii71 7,b71 or 7,c7 of section #bab7;a77#c74 7,c7 ,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 filed4 7,d7 ,clarification of status ,an alien granted registered provisional immigrant status-- 7i7 is lawfully admitted to the ,united ,states2 and 7ii7 may not be classified as a nonimmigrant or as an alien who has been lawfully admitted for permanent residence4 7#b7 ,revocation 7,a7 ,in general ,the ,secretary may revoke the status of a registered provisional immigrant at any time after providing appropriate notice to the alien1 and after the exhaustion or waiver of all applicable administrative review procedures under section #bde;,e7c71 if the alien-- 7i7 no longer meets the eligibility requirements set forth in subsection 7b72 7ii7 knowingly used documentation issued under this section for an unlawful or fraudulent purpose2 7iii7 is convicted of fraudulently claiming or receiving a ,federal means-tested benefit 7as defined and implemented in section #djc of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac77 after being granted registered provisional immigrant status2 or 7iv7 was absent from the ,united ,states-- 7,i7 for any single period longer than #ahj days in violation of the requirements set forth in paragraph 7#a77;,b77ii72 or 7,,ii7 for more than #ahj days in the aggregate during any calendar year1 unless the alien's failure to timely return was due to extenuating circumstances beyond the alien's control4 7,b7 ,additional evidence ,in determining whether to revoke an alien's status under subparagraph 7,a71 the ,secretary may require the alien-- 7i7 to submit additional evidence2 or 7ii7 to appear for an interview4 7,c7 ,invalidation of documentation ,if an alien's registered provisional immigrant status is revoked under subparagraph 7,a71 any documentation issued by the ,secretary to such alien under subsection 7c77#ab7 shall automatically be rendered invalid for any purpose except for departure from the ,united ,states4 7#c7 ,ineligibility for public benefits 7,a7 ,in general ,an alien who has been granted registered provisional immigrant status under this section is not eligible for any ,federal means-tested public benefit 7as defined and implemented in section #djc of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac774 7,b7 ,audits ,the ,secretary of ,health and ,human ,services shall conduct regular audits to ensure that registered provisional immigrants are not fraudulently receiving any of the benefits described in subparagraph 7,a74 7#d7 ,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 status1 except that the noncitizen-- 7,a7 is not entitled to the premium assistance tax credit authorized under section #cf;,b of the ,internal ,revenue ,code of #aihf for his or her coverage2 7,b7 shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection 7e7 of such section2 7,c7 shall be subject to the rules applicable to individuals not lawfully present that are set forth in section #adjb7;e7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjga72 and 7,d7 shall be subject to the rules applicable to individuals not lawfully present set forth in section #ejjj;,a7d77#c7 of the ,internal ,revenue ,code of #aihf4 7#e7 ,assignment of social security number 7,a7 ,in general ,the ,commissioner of ,social ,security1 in coordination with the ,secretary1 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 section4 7,b7 ,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 aliens4 ,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 ,administration4 ,the ,commissioner may maintain1 use1 and disclose such information only as permitted under section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act of #aigd7 and other applicable ,federal laws4 7e7 ,dissemination of information on registered provisional immigrant program ,as soon as practicable after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 the ,secretary1 in cooperation with entities approved by the ,secretary1 and in accordance with a plan adopted by the ,secretary1 shall broadly disseminate1 in the most common languages spoken by aliens who would qualify for registered provisional immigrant status under this section1 to television1 radio1 print1 and social media to which such aliens would likely have access-- 7#a7 the procedures for applying for such status2 7#b7 the terms and conditions of such status2 and 7#c7 the eligibility requirements for such status4 4 7b7 ,enlistment in the armed forces ,section #ejd7;b77#a7 of title #aj1 ,united ,states ,code1 is amended by adding at the end the following3 7,d7 ,an alien who has been granted registered provisional immigrant status under section #bde;,b of the ,immigration and ,nationality ,act4 4 #bajb4 ,adjustment of status of registered provisional immigrants 7a7 ,in general ,chapter #e of title ,,ii 7#h ,u4,s4,c4 #abee et seq47 is amended by inserting after section #bde;,b1 as added by section #baja of this title1 the following3 #bde;,c4 ,adjustment of status of registered provisional immigrants 7a7 ,in general ,subject to section #bde;,e7d7 and section #bcjb7;c77#c7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 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 7b74 7b7 ,eligibility requirements 7#a7 ,registered provisional immigrant status 7,a7 ,in general ,the alien was granted registered provisional immigrant status under section #bde;,b and remains eligible for such status4 7,b7 ,continuous physical presence ,the alien establishes1 to the satisfaction of the ,secretary1 that the alien was not continuously absent from the ,united ,states for more than #ahj days in any calendar year during the period of admission as a registered provisional immigrant1 unless the alien's absence was due to extenuating circumstances beyond the alien's control4 7,c7 ,maintenance of waivers of inadmissibility ,the grounds of inadmissibility set forth in section #bab7;a7 that were previously waived for the alien or made inapplicable under section #bde;,b7b7 shall not apply for purposes of the alien's adjustment of status under this section4 7,d7 ,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 #bde;,b7d77#b77;,a71 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 status4 7#b7 ,payment of taxes 7,a7 ,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 liability4 7,b7 ,definition of applicable federal tax liability ,in subparagraph 7,a71 the term applicable ,federal tax liability means all ,federal income taxes assessed in accordance with section #fbjc of the ,internal ,revenue ,code of #aihf since the date on which the applicant was authorized to work in the ,united ,states as a registered provisional immigrant under section #bde;,b7a74 7,c7 ,compliance ,the applicant may demonstrate compliance with subparagraph 7,a7 by submitting such documentation as the ,secretary1 in consultation with the ,secretary of the ,treasury1 may require by regulation4 7#c7 ,employment requirement 7,a7 ,in general ,except as provided in subparagraphs 7,d7 and 7,e71 an alien applying for adjustment of status under this section shall establish that1 during his or her period of status as a registered provisional immigrant1 he or she-- 7i7 7,i7 was regularly employed throughout the period of admission as a registered provisional immigrant1 allowing for brief periods lasting not more than #fj days2 and 7,,ii7 is not likely to become a public charge 7as determined under section #bab7;a77#d772 or 7ii7 can demonstrate average income or resources that are not less than #abe percent of the ,federal poverty level throughout the period of admission as a registered provisional immigrant4 7,b7 ,evidence of employment 7i7 ,documents ,an alien may satisfy the employment requirement under subparagraph 7,a77i7 by submitting1 to the ,secretary1 records that-- 7,i7 establish1 by the preponderance of the evidence1 compliance with such employment requirement2 and 7,,ii7 have been maintained by the ,social ,security ,administration1 the ,internal ,revenue ,service1 or any other ,federal1 ,state1 or local government agency4 7ii7 ,other documents ,an alien who is unable to submit the records described in clause 7i7 may satisfy the employment or education requirement under subparagraph 7,a7 by submitting to the ,secretary at least #b types of reliable documents not described in clause 7i7 that provide evidence of employment or education1 including-- 7,i7 bank records2 7,,ii7 business records2 7,,iii7 employer records2 7,,iv7 records of a labor union1 day labor center1 or organization that assists workers in employment2 7,v7 sworn affidavits from nonrelatives who have direct knowledge of the alien's work or education1 that contain-- 7aa7 the name1 address1 and telephone number of the affiant2 7bb7 the nature and duration of the relationship between the affiant and the alien2 and 7cc7 other verification or information2 7,,vi7 remittance records2 and 7,,vii7 school records from institutions described in subparagraph 7,d74 7iii7 ,additional documents and restrictions ,the ,secretary may-- 7,i7 designate additional documents that may be used to establish compliance with the requirement under subparagraph 7,a72 and 7,,ii7 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 submissions4 7,c7 ,satisfaction of employment requirement ,an alien may not be required to satisfy the employment requirements under this section with a single employer4 7,d7 ,education permitted ,an alien may satisfy the requirement under subparagraph 7,a71 in whole or in part1 by providing evidence of full-time attendance at-- 7i7 an institution of higher education 7as defined in section #ajb7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;a7772 7ii7 a secondary school1 including a public secondary school 7as defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja772 7iii7 an education1 literacy1 or career and technical training program 7including vocational training7 that is designed to lead to placement in postsecondary education1 job training1 or employment through which the alien is working toward such placement2 or 7iv7 an education program assisting students either in obtaining a high school equivalency diploma1 certificate1 or its recognized equivalent under ,state law 7including a certificate of completion1 certificate of attendance1 or alternate award71 or in passing a ,general ,educational ,development exam or other equivalent ,state-authorized exam or completed other applicable ,state requirements for high school equivalency4 7,e7 ,authorization of exceptions and waivers 7i7 ,exceptions based on age or disability ,the employment and education requirements under this paragraph shall not apply to any alien who-- 7,i7 is younger than #ba 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 immigrant2 7,,ii7 is at least #fj years of age on the date on which the alien files an application for an extension of registered provisional immigrant status or at least #fe years of age on the date on which the alien's application for adjustment of status is filed under this section2 or 7,,iii7 has a physical or mental disability 7as defined in section #c7b7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb7b777 or as a result of pregnancy if such condition is evidenced by the submission of documentation prescribed by the ,secretary4 7ii7 ,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 7b77#e74 7iii7 ,temporary exceptions ,the employment and education requirements under this paragraph shall not apply during any period during which the alien-- 7,i7 was on medical leave1 maternity leave1 or other employment leave authorized by ,federal law1 ,state law1 or the policy of the employer2 7,,ii7 is or was the primary caretaker of a child or another person who requires supervision or is unable to care for himself or herself2 or 7,,iii7 was unable to work due to circumstances outside the control of the alien4 7iv7 ,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 spouse1 parent1 or child who is a ,united ,states citizen or lawful permanent resident4 7#d7 ,english skills 7,a7 ,in general ,except as provided under subparagraph 7,c71 a registered provisional immigrant who is #af years of age or older shall establish that he or she-- 7i7 meets the requirements set forth in section #cab2 or 7ii7 is satisfactorily pursuing a course of study1 pursuant to standards established by the ,secretary of ,education1 in consultation with the ,secretary1 to achieve an understanding of ,english and knowledge and understanding of the history and ,government of the ,united ,states1 as described in section #cab7;a74 7,b7 ,relation to naturalization examination ,a registered provisional immigrant who demonstrates that he or she meets the requirements set forth in section #cab may be considered to have satisfied such requirements for purposes of becoming naturalized as a citizen of the ,united ,states4 7,c7 ,exceptions 7i7 ,mandatory ,subparagraph 7,a7 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 impairment4 7ii7 ,discretionary ,the ,secretary may waive all or part of subparagraph 7,a7 for a registered provisional immigrant who is #gj years of age or older on the date on which an application is filed for adjustment of status under this section4 7#e7 ,military selective service ,the alien shall provide proof of registration under the ,military ,selective ,service ,act 7#ej ,u4,s4,c4 ,app4 #dea et seq471 if the alien is subject to such registration on or after the date on which the alien's application for registered provisional immigrant status is granted4 7c7 ,application procedures 7#a7 ,in general ,beginning on the date described in paragraph 7#b71 a registered provisional immigrant1 or a registered provisional immigrant dependent1 who meets the eligibility requirements set forth in subsection 7b7 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 required1 by regulation1 to demonstrate the applicant's eligibility for such adjustment4 7#b7 ,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 #bja and #bjc before the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7#c7 ,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 7b74 7#d7 ,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 immigrant1 to the satisfaction of the ,secretary4 7#e7 ,fees and penalties 7,a7 ,processing fees 7i7 ,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 applications1 including costs associated with-- 7,i7 adjudicating the applications2 7,,ii7 taking and processing biometrics2 7,,iii7 performing national security and criminal checks1 including adjudication2 7,,iv7 preventing and investigating fraud2 and 7,v7 the administration of the fees collected4 7ii7 ,authority to limit fees ,the ,secretary1 by regulation1 may-- 7,i7 limit the maximum processing fee payable under this subparagraph by a family1 including spouses and children2 and 7,,ii7 exempt other defined classes of individuals from the payment of the fee authorized under clause 7i74 7iii7 ,deposit and use of fees ,fees collected under this subparagraph-- 7,i7 shall be deposited into the ,immigration ,examinations ,fee ,account pursuant to section #bhf7m72 and 7,,ii7 shall remain available until expended pursuant to section #bhf7n74 7,b7 ,penalties 7i7 ,in general ,in addition to the processing fee required under subparagraph 7,a7 and the penalty required under section #bde;,b7c77#f77;,d71 an alien who was #ba years of age or older on the date on which the ,border ,security1 ,economic ,opportunity1 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 #a1jjj penalty to the ,secretary unless the alien meets the requirements under section #bde;,d7b74 7ii7 ,installments ,the ,secretary shall establish a process for collecting payments required under clause 7i7 through periodic installments4 7iii7 ,deposit1 allocation1 and spending of penalties ,penalties collected under this subparagraph-- 7,i7 shall be deposited into the ,comprehensive ,immigration ,trust ,fund established under section #f7;a77#a7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 and 7,,ii7 may be used for the purposes set forth in section #f7;a77#c77;,b7 of such ,act4 4 7b7 ,limitation on registered provisional immigrants ,an alien admitted as a registered provisional immigrant under section #bde;,b of the ,immigration and ,nationality ,act1 as added by subsection 7a71 may only adjust status to an alien lawfully admitted for permanent resident status under section #bde;,c or #bde;,d of such ,act or section #bcjb4 7c7 ,naturalization ,section #cai 7#h ,u4,s4,c4 #adcj7 is amended-- 7#a7 in the section heading1 by striking and employees of certain nonprofit organizations and inserting 1 employees of certain nonprofit organizations1 and other long-term lawful residents2 and 7#b7 by adding at the end the following3 7f7 ,any lawful permanent resident who was lawfully present in the ,united ,states and eligible for work authorization for not less than #aj years before becoming a lawful permanent resident may be naturalized upon compliance with all the requirements under this title except the provisions of section #caf7;a77#a7 if such person1 immediately preceding the date on which the person filed an application for naturalization-- 7#a7 has resided continuously within the ,united ,states1 after being lawfully admitted for permanent residence1 for at least #c years2 7#b7 during the #c-year period immediately preceding such filing date1 has been physically present in the ,united ,states for periods totaling at least #ej percent of such period2 and 7#c7 has resided within the ,state or in the jurisdiction of the ,u4,s4 ,citizenship and ,immigration ,services field office in the ,united ,states in which the applicant filed such application for at least #c months4 4 #bajc4 ,the ,,dream ,act 7a7 ,short title ,this section may be cited as the ,development1 ,relief1 and ,education for ,alien ,minors ,act of #bjac or the ,,dream ,act #bjac4 7b7 ,adjustment of status for certain aliens who entered the ,united ,states as children ,chapter #e of title ,,ii 7#h ,u4,s4,c4 #abee et seq47 is amended by inserting after section #bde;,c1 as added by section #bajb of this title1 the following3 #bde;,d4 ,adjustment of status for certain aliens who entered the ,united ,states as children 7a7 ,definitions ,in this section3 7#a7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb71 except that the term does not include institutions described in subsection 7a77#a77;,c7 of such section4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#c7 ,uniformed services ,the term ,uniformed ,services has the meaning given the term uniformed services in section #aja7;a77#e7 of title #aj1 ,united ,states ,code4 7b7 ,adjustment of status for certain aliens who entered the united states as children 7#a7 ,requirements 7,a7 ,in general ,the ,secretary 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-- 7i7 has been a registered provisional immigrant for at least #e years2 7ii7 was younger than #af years of age on the date on which the alien initially entered the ,united ,states2 7iii7 has earned a high school diploma1 a commensurate alternative award from a public or private high school or secondary school1 or has obtained a general education development certificate recognized under ,state law1 or a high school equivalency diploma in the ,united ,states2 7iv7 7,i7 has acquired a degree from an institution of higher education or has completed at least #b years1 in good standing1 in a program for a bachelor's degree or higher degree in the ,united ,states2 or 7,,ii7 has served in the ,uniformed ,services for at least #d years and1 if discharged1 received an honorable discharge2 and 7v7 has provided a list of each secondary school 7as that term is defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja77 that the alien attended in the ,united ,states4 7,b7 ,hardship exception 7i7 ,in general ,the ,secretary may adjust the status of a registered provisional immigrant to the status of a lawful permanent resident if the alien-- 7,i7 satisfies the requirements under clauses 7i71 7ii71 7iii71 and 7v7 of subparagraph 7,a72 and 7,,ii7 demonstrates compelling circumstances for the inability to satisfy the requirement under subparagraph 7,a77iv74 7,c7 ,citizenship requirement 7i7 ,in general ,except as provided in clause 7ii71 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 under section #cab7;a74 7ii7 ,exception ,clause 7i7 shall not apply to an alien whose physical or developmental disability or mental impairment prevents the alien from meeting the requirements such section4 7,d7 ,submission of biometric and biographic data ,the ,secretary may not adjust the status of an alien to lawful permanent resident status unless the alien-- 7i7 submits biometric and biographic data1 in accordance with procedures established by the ,secretary2 or 7ii7 complies with an alternative procedure prescribed by the ,secretary1 if the alien is unable to provide such biometric data because of a physical impairment4 7,e7 ,background checks 7i7 ,requirement for background checks ,the ,secretary shall utilize biometric1 biographic1 and other data that the ,secretary determines appropriate-- 7,i7 to conduct national security and law enforcement background checks of an alien applying for lawful permanent resident status under this section2 and 7,,ii7 to determine whether there is any criminal1 national security1 or other factor that would render the alien ineligible for such status4 7ii7 ,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 national security and law enforcement background checks required under clause 7i7 have been completed with respect to the alien1 to the satisfaction of the ,secretary4 7#b7 ,application for lawful permanent resident status 7,a7 ,in general ,a registered provisional immigrant seeking lawful permanent resident status shall file an application for such status in such manner as the ,secretary may require4 7,b7 ,adjudication 7i7 ,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 7#a74 7ii7 ,adjustment of status if favorable determination ,if the ,secretary determines that the alien meets the requirements under paragraph 7#a71 the ,secretary shall notify the alien of such determination and adjust the status of the alien to lawful permanent resident status1 effective as of the date of such determination4 7iii7 ,adverse determination ,if the ,secretary determines that the alien does not meet the requirements under paragraph 7#a71 the ,secretary shall notify the alien of such determination4 7,c7 ,,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 pursuant to the ,secretary's memorandum of ,june #ae1 #bjab4 7#c7 ,treatment for purposes of naturalization 7,a7 ,in general ,an alien granted lawful permanent resident status under this section shall be considered1 for purposes of title ,,iii-- 7i7 to have been lawfully admitted for permanent residence2 and 7ii7 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 immigrant4 7,b7 ,limitation on application for naturalization ,an alien may not apply for naturalization while the alien is in registered provisional immigrant status1 except for an alien described in paragraph 7#a77;,a77ii7 pursuant to section #cbh or #cbi4 4 7c7 ,exemption from numerical limitations ,section #bja7;b77#a7 7#h ,u4,s4,c4 #aaea7;b77#a77 is amended-- 7#a7 by redesignating subparagraph 7,e7 as subparagraph 7,f72 and 7#b7 by inserting after subparagraph 7,d7 the following3 7,e7 ,aliens whose status is adjusted to permanent resident status under section #bde;,c or #bde;,d4 4 7d7 ,restoration of ,state option ,to determine residency for purposes of higher education 7#a7 ,repeal ,section #eje of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #afbc7 is repealed4 7#b7 ,effective date ,the repeal under paragraph 7#a7 shall take effect as if included in the original enactment of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh74 7e7 ,naturalization ,section #cbh7;a7 7#h ,u4,s4,c4 #adci7;a77 is amended by inserting 1 without having been lawfully admitted to the ,united ,states for permanent resident1 and after naturalized4 7f7 ,limitation on ,federal student assistance ,notwithstanding any other provision of law1 aliens granted registered provisional immigrant status and who initially entered the ,united ,states before reaching #af years of age and aliens granted blue card status shall be eligible only for the following assistance under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq473 7#a7 ,student loans under parts ,d and ,e of such title ,,iv 7#bj ,u4,s4,c4 #ajhg;a et seq4 and #ajhg;aa et seq471 subject to the requirements of such parts4 7#b7 ,federal work-study programs under part ,c of such title ,,iv 7#db ,u4,s4,c4 #bgea et seq471 subject to the requirements of such part4 7#c7 ,services under such title ,,iv 7#bj ,u4,s4,c4 #ajgj et seq471 subject to the requirements for such services4 #bajd4 ,additional requirements 7a7 ,in general ,chapter #e of title ,,ii 7#h ,u4,s4,c4 #abee et seq47 is amended by inserting after section #bde;,c1 as added by section #bajb of this title1 the following3 #bde;,e4 ,additional requirements relating to registered provisional immigrants and others 7a7 ,disclosures 7#a7 ,prohibited disclosures ,except as otherwise provided in this subsection1 no officer or employee of any ,federal agency may-- 7,a7 use the information furnished in an application for lawful status under section #bde;,b1 #bde;,c1 or #bde;,d for any purpose other than to make a determination on any application by the alien for any immigration benefit or protection2 7,b7 make any publication through which information furnished by any particular applicant can be identified2 or 7,c7 permit anyone other than the sworn officers1 employees1 and contractors of such agency or of another entity approved by the ,secretary to examine any individual application for lawful status under section #bde;,b1 #bde;,c1 or #bde;,d4 7#b7 ,required disclosures ,the ,secretary shall provide the information furnished in an application filed under section #bde;,b1 #bde;,c1 or #bde;,d and any other information derived from such furnished information to-- 7,a7 a law enforcement agency1 intelligence agency1 national security agency1 a component of the ,department of ,homeland ,security1 court1 or grand jury1 consistent with law1 in connection with-- 7i7 a criminal investigation or prosecution of any felony not related to the applicant's immigration status2 or 7ii7 a national security investigation or prosecution2 and 7,b7 an official coroner for purposes of affirmatively identifying a deceased individual1 whether or not the death of such individual resulted from a crime4 7#c7 ,auditing and evaluation of information ,the ,secretary may-- 7,a7 audit and evaluate information furnished as part of any application filed under section #bde;,b1 #bde;,c1 or #bde;,d for purposes of identifying immigration fraud or fraud schemes2 and 7,b7 use any evidence detected by means of audits and evaluations for purposes of investigating1 prosecuting1 referring for prosecution1 or denying or terminating immigration benefits4 7b7 ,employer protections 7#a7 ,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 #bde;,b may not be used in a civil or criminal prosecution or investigation of that employer under section #bgd;,a or the ,internal ,revenue ,code of #aihf for the prior unlawful employment of that alien regardless of the adjudication of such application or reconsideration by the ,secretary of such alien's prima facie eligibility determination4 ,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 #bgd;,a for employing such unauthorized aliens4 7#b7 ,limit on applicability ,the protections for employers and aliens under paragraph 7#a7 shall not apply if the aliens or employers submit employment records that are deemed to be fraudulent4 7c7 ,administrative review 7#a7 ,exclusive administrative review ,administrative review of a determination respecting an application for status under section #bde;,b1 #bde;,c1 #bde;,d1 or #bde;,f or section #bbaa of the ,agricultural ,worker ,program ,act of #bjac shall be conducted solely in accordance with this subsection4 7#b7 ,administrative appellate review 7,a7 ,establishment of administrative appellate authority ,the ,secretary shall establish or designate an appellate authority to provide for a single level of administrative appellate review of a determination with respect to applications for1 or revocation of1 status under sections #bde;,b1 #bde;,c1 and #bde;,d4 7,b7 ,single appeal for each administrative decision 7i7 ,in general ,an alien in the ,united ,states whose application for status under section #bde;,b1 #bde;,c1 or #bde;,d has been denied or revoked may file with the ,secretary not more than #a appeal of each decision to deny or revoke such status4 7ii7 ,notice of appeal ,a notice of appeal filed under this subparagraph shall be filed not later than #ij days after the date of service of the decision of denial or revocation1 unless the delay was reasonably justifiable4 7,c7 ,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 decision4 7,d7 ,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 #bde;,b 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 7,a74 7,e7 ,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 #bde;,b1 #bde;,c1 or #bde;,d4 7#c7 ,record for review ,administrative appellate review under paragraph 7#b7 shall be de novo and based solely upon-- 7,a7 the administrative record established at the time of the determination on the application2 and 7,b7 any additional newly discovered or previously unavailable evidence4 7#d7 ,unlawful presence ,during the period in which an alien may request administrative review under this subsection1 and during the period that any such review is pending1 the alien shall not be considered unlawfully present in the ,united ,states for purposes of section #bab7;a77#i77;,b74 7d7 ,privacy and civil liberties 7#a7 ,in general ,the ,secretary1 in accordance with subsection 7a77#a71 shall require appropriate administrative and physical safeguards to protect the security1 confidentiality1 and integrity of personally identifiable information collected1 maintained1 and disseminated pursuant to sections #bde;,b1 #bde;,c1 and #bde;,d4 7#b7 ,assessments ,notwithstanding the privacy requirements set forth in section #bbb of the ,homeland ,security ,act 7#f ,u4,s4,c4 #adb7 and the ,e-,government ,act of #bjjb 7,public ,law #ajg-cdg71 the ,secretary shall conduct a privacy impact assessment and a civil liberties impact assessment of the legalization program established under sections #bde;,b1 #bde;,c1 and #bde;,d during the pendency of the interim final regulations required to be issued under section #baaj of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 4 7b7 ,judicial review ,section #bdb 7#h ,u4,s4,c4 #abeb7 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 in subparagraph 7,b71 by inserting the exercise of discretion arising under after no court shall have jurisdiction to review2 7,b7 in subparagraph 7,d71 by striking raised upon a petition for review filed with an appropriate court of appeals in accordance with this section2 7#b7 in subsection 7b77#b71 by inserting or1 in the case of a decision rendered under section #bde;,e7c71 in the judicial circuit in which the petitioner resides after proceedings2 and 7#c7 by adding at the end the following3 7h7 ,judicial review of eligibility determinations relating to status under chapter #e 7#a7 ,direct review ,if an alien's application under section #bde;,b1 #bde;,c1 #bde;,d1 or #bde;,f or section #bbaa of the ,agricultural ,worker ,program ,act of #bjac is denied1 or is revoked after the exhaustion of administrative appellate review under section #bde;,e7c71 the alien may seek review of such decision1 in accordance with chapter #g of title #e1 ,united ,states ,code1 before the ,united ,states district court for the district in which the person resides4 7#b7 ,status during review ,while a review described in paragraph 7#a7 is pending-- 7,a7 the alien shall not be deemed to accrue unlawful presence for purposes of section #bab7;a77#i72 7,b7 any unexpired grant of voluntary departure under section #bdj;,b shall be tolled2 and 7,c7 the court shall have the discretion to stay the execution of any order of exclusion1 deportation1 or removal4 7#c7 ,review after removal proceedings ,an alien may seek judicial review of a denial or revocation of approval of the alien's application under section #bde;,b1 #bde;,c1 or #bde;,d in the appropriate ,united ,states court of appeal in conjunction with the judicial review of an order of removal1 deportation1 or exclusion if the validity of the denial has not been upheld in a prior judicial proceeding under paragraph 7#a74 7#d7 ,standard for judicial review 7,a7 ,basis ,judicial review of a denial1 or revocation of an approval1 of an application under section #bde;,b1 #bde;,c1 or #bde;,d shall be based upon the administrative record established at the time of the review4 7,b7 ,authority to remand ,the reviewing court may remand a case under this subsection to the ,secretary for consideration of additional evidence if the court finds that-- 7i7 the additional evidence is material2 and 7ii7 there were reasonable grounds for failure to adduce the additional evidence before the ,secretary4 7,c7 ,scope of review ,notwithstanding any other provision of law1 judicial review of all questions arising from a denial1 or revocation of an approval1 of an application under section #bde;,b1 #bde;,c1 or #bde;,d shall be governed by the standard of review set forth in section #gjf of title #e1 ,united ,states ,code4 7#e7 ,remedial powers 7,a7 ,jurisdiction ,notwithstanding any other provision of law1 the ,united ,states district courts shall have jurisdiction over any cause or claim arising from a pattern or practice of the ,secretary in the operation or implementation of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 or the amendments made by such ,act1 that is arbitrary1 capricious1 or otherwise contrary to law4 7,b7 ,scope of relief ,the ,united ,states district courts may order any appropriate relief in a clause or claim described in subparagraph 7,a7 without regard to exhaustion1 ripeness1 or other standing requirements 7other than constitutionally-mandated requirements71 if the court determines that-- 7i7 the resolution of such cause or claim will serve judicial and administrative efficiency2 or 7ii7 a remedy would otherwise not be reasonably available or practicable4 7#f7 ,challenges to the validity of the system 7,a7 ,in general ,except as provided in paragraph 7#e71 any claim that section #bde;,b1 #bde;,c1 #bde;,d1 or #bde;,e or any regulation1 written policy1 or written directive1 issued or unwritten policy or practice initiated by or under the authority of the ,secretary to implement such sections1 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 paragraph4 7,b7 ,savings provision ,except as provided in subparagraph 7,c71 nothing in subparagraph 7,a7 may be construed to preclude an applicant under #bde;,b1 #bde;,c1 or #bde;,d from asserting that an action taken or a decision made by the ,secretary with respect to the applicant's status was contrary to law4 7,c7 ,class actions ,any claim described in subparagraph 7,a7 that is brought as a class action shall be brought in conformity with-- 7i7 the ,class ,action ,fairness ,act of #bjje 7,public ,law #aji-b72 and 7ii7 the ,federal ,rules of ,civil ,procedure4 7,d7 ,preclusive effect ,the final disposition of any claim brought under subparagraph 7,a7 shall be preclusive of any such claim asserted by the same individual in a subsequent proceeding under this subsection4 7,e7 ,exhaustion and stay of proceedings 7i7 ,in general ,no claim brought under this paragraph shall require the plaintiff to exhaust administrative remedies under section #bde;,e7c74 7ii7 ,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 action4 ,in determining whether to issue such a stay1 the court shall take into account any harm the stay may cause to the claimant4 4 7c7 ,rule of construction ,section #bdd7;h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7h77 shall not limit the authority of the ,secretary to adjust the status of an alien under section #bde;,c or #bde;,d of the ,immigration and ,nationality ,act1 as added by this subtitle4 7d7 ,effect of failure ,to register on eligibility for immigration benefits ,failure to comply with section #bfd4a7;f7 of title #h1 ,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 7#h ,u4,s4,c4 #aaja et seq474 7e7 ,clerical amendment ,the table of contents is amended by inserting after the item relating to section #bde;,a the following3 ,sec4 #bde;,b4 ,adjustment of status of eligible entrants before ,december #ca1 #bjaa1 to that of registered provisional immigrant4 ,sec4 #bde;,c4 ,adjustment of status of registered provisional immigrants4 ,sec4 #bde;,d4 ,adjustment of status for certain aliens who entered the ,united ,states as children4 ,sec4 #bde;,e4 ,additional requirements relating to registered provisional immigrants and others4 4 #baje4 ,criminal penalty 7a7 ,in general ,chapter #fi of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #adcj4 ,improper use of information relating to registered provisional immigrant applications ,any person who knowingly uses1 publishes1 or permits information described in section #bde;,e7a7 of the ,immigration and ,nationality ,act to be examined in violation of such section shall be fined not more than #aj1jjj4 4 7b7 ,deposit of fines ,all criminal penalties collected under section #adcj of title #ah1 ,united ,states ,code1 as added by subsection 7a71 shall be deposited into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a74 7c7 ,clerical amendment ,the table of sections in chapter #fi of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #adcj4 ,improper use of information relating to registered provisional immigrant applications4 4 #bajf4 ,grant program to assist eligible applicants 7a7 ,establishment ,the ,secretary may establish1 within ,u4,s4 ,citizenship and ,immigration ,services1 a program to award grants1 on a competitive basis1 to eligible nonprofit organizations that will use the funding to assist eligible applicants under section #bde;,b1 #bde;,c1 #bde;,d1 or #bde;,f of the ,immigration and ,nationality ,act or section #bbaa of this ,act by providing them with the services described in subsection 7c74 7b7 ,eligible nonprofit organization ,the term eligible nonprofit organization means a nonprofit1 tax-exempt organization1 including a community1 faith-based or other immigrant-serving organization1 whose staff has demonstrated qualifications1 experience1 and expertise in providing quality services to immigrants1 refugees1 persons granted asylum1 or persons applying for such statuses4 7c7 ,use of funds ,grant funds awarded under this section may be used for the design and implementation of programs that provide-- 7#a7 information to the public regarding the eligibility and benefits of registered provisional immigrant status authorized under section #bde;,b of the ,immigration and ,nationality ,act and blue card status authorized under section #bbaa1 particularly to individuals potentially eligible for such status2 7#b7 assistance1 within the scope of authorized practice of immigration law1 to individuals submitting applications for registered provisional immigrant status or blue card status1 including-- 7,a7 screening prospective applicants to assess their eligibility for such status2 7,b7 completing applications and petitions1 including providing assistance in obtaining the requisite documents and supporting evidence2 7,c7 applying for any waivers for which applicants and qualifying family members may be eligible2 and 7,d7 providing any other assistance that the ,secretary or grantees consider useful or necessary to apply for registered provisional immigrant status or blue card status2 7#c7 assistance1 within the scope of authorized practice of immigration law1 to individuals seeking to adjust their status to that of an alien admitted for permanent residence under section #bde;,c or #bde;,f of the ,immigration and ,nationality ,act2 and 7#d7 assistance1 within the scope of authorized practice of immigration law1 and instruction1 to individuals-- 7,a7 on the rights and responsibilities of ,united ,states citizenship2 7,b7 in civics and civics-based ,english as a second language2 and 7,c7 in applying for ,united ,states citizenship4 7d7 ,source of grant funds 7#a7 ,application fees ,the ,secretary may use up to #ej1jjj1jjj from the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a7 to carry out this section4 7#b7 ,authorization of appropriations 7,a7 ,amounts authorized ,in addition to the amounts made available under paragraph 7#a71 there are authorized to be appropriated such sums as may be necessary for each of the fiscal years #bjad through #bjah to carry out this section4 7,b7 ,availability ,any amounts appropriated pursuant to subparagraph 7,a7 shall remain available until expended4 #bajg4 ,conforming amendments to the ,social ,security ,act 7a7 ,correction of ,social ,security records 7#a7 ,in general ,section #bjh7;e77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #djh7;e77#a77 is amended-- 7,a7 in subparagraph 7,b77ii71 by striking or at the end2 7,b7 in subparagraph 7,c71 by striking the comma at the end and inserting a semicolon2 7,c7 by inserting after subparagraph 7,c7 the following3 7,d7 who is granted status as a registered provisional immigrant under section #bde;,b or #bde;,d of the ,immigration and ,nationality ,act2 or 7,e7 whose status is adjusted to that of lawful permanent resident under section #bde;,c of the ,immigration and ,nationality ,act1 2 and 7,d7 in the undesignated matter at the end1 by inserting 1 or in the case of an alien described in subparagraph 7,d7 or 7,e71 if such conduct is alleged to have occurred before the date on which the alien submitted an application under section #bde;,b of such ,act for classification as a registered provisional immigrant before the period at the end4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall take effect on the first day of the tenth month that begins after the date of the enactment of this ,act4 7b7 ,state discretion regarding termination of parental rights 7#a7 ,in general ,a compelling reason for a ,state not to file 7or to join in the filing of7 a petition to terminate parental rights under section #dge7e77;,e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fge7e77;,e77 shall include-- 7,a7 the removal of the parent from the ,united ,states1 unless the parent is unfit or unwilling to be a parent of the child2 or 7,b7 the involvement of the parent in 7including detention pursuant to7 an immigration proceeding1 unless the parent is unfit or unwilling to be a parent of the child4 7#b7 ,conditions ,before a ,state may file to terminate the parental rights under such section #dge7e77;,e71 the ,state 7or the county or other political subdivision of the ,state1 as applicable7 shall make reasonable efforts-- 7,a7 to identify1 locate1 and contact 7including1 if appropriate1 through the diplomatic or consular offices of the country to which the parent was removed or in which a parent or relative resides7-- 7i7 any parent of the child who is in immigration detention2 7ii7 any parent of the child who has been removed from the ,united ,states2 and 7iii7 if possible1 any potential adult relative of the child 7as described in section #dga7;a77#bi772 7,b7 to notify such parent or relative of the intent of the ,state 7or the county or other political subdivision of the ,state1 as applicable7 to file 7or to join in the filing of7 a petition referred to in paragraph 7#a72 or 7,c7 to reunify the child with any such parent or relative2 and 7,d7 to provide and document appropriate services to the parent or relative4 7#c7 ,conforming amendment ,section #dge7e77;,e77ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fge7e77;,e77 is amended by inserting 1 including the reason set forth in section #bajg7;b77#a7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act after child4 7c7 ,children separated from parents and caregivers 7#a7 ,state plan for foster care and adoption assistance ,section #dga7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fga7;a77 is amended-- 7,a7 by amending paragraph 7#ai7 to read as follows3 7#ai7 provides that the ,state shall give preference to an adult relative over a nonrelated caregiver when determining a placement for a child if-- 7,a7 the relative caregiver meets all relevant ,state child protection standards2 and 7,b7 the standards referred to in subparagraph 7,a7 ensure that the immigration status alone of a parent1 legal guardian1 or relative shall not disqualify the parent1 legal guardian1 or relative from being a placement for a child2 2 and 7,b7 in paragraph 7#cb71 by striking and at the end2 7,c7 in paragraph 7#cc71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7#cd7 provides that the ,state shall-- 7,a7 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 child1 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 child2 7,b7 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 visa1 and to collect all relevant vital documents1 such as birth certificate1 health1 and educational records and other information2 7,c7 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 identification2 7,d7 preserve1 to the greatest extent practicable1 the privacy and confidentiality of all information gathered in the course of administering the care1 custody1 and placement of1 and follow up services provided to1 a separated child1 consistent with the best interest of such child1 by not disclosing such information to other government agencies or persons 7other than a parent1 legal guardian1 or relative caregiver or such child71 except that the head of the ,state agency 7or the county or other political subdivision of the ,state1 as applicable7 may disclose such information1 after placing a written record of the disclosure in the file of the child-- 7i7 to a consular official for the purpose of reunification of a child with a parent1 legal guardian1 or relative caregiver who has been removed or is involved in an immigration proceeding1 unless the child has refused contact with1 or the sharing of personal or identifying information with1 the government of his or her country of origin2 7ii7 when authorized to do so by the child 7if the child has attained #ah years of age7 if the disclosure is consistent with the best interest of the child2 or 7iii7 to a law enforcement agency if the disclosure would prevent imminent and serious harm to another individual2 and 7,e7 not less frequently than annually1 compile1 update1 and publish a list of entities in the ,state that are qualified to provide legal representation services for a separated child1 in a language such that a child can read and understand4 4 7#b7 ,additional information to be included in case plan ,section #dge of such ,act 7#db ,u4,s4,c4 #fge7 is amended-- 7,a7 in paragraph 7#a71 by adding at the end the following3 7,h7 ,in the case of a separated child with respect to whom the ,state plan requires the ,state to provide services under section #dga7;a77#cd7-- 7i7 the location of the parent or legal guardian described in paragraph 7#i77;,a7 from whom the child has been separated2 and 7ii7 a written record of each disclosure to a government agency or person 7other than such a parent1 legal guardian1 or relative7 of information gathered in the course of tracking the care1 custody1 and placement of1 and follow-up services provided to1 the child4 2 and 7,b7 by adding at the end the following3 7#i7 ,the term separated child means an individual who-- 7,a7 has a parent or legal guardian who has been-- 7i7 detained by a ,federal1 ,state1 or local law enforcement agency in the enforcement of an immigration law2 or 7ii7 removed from the ,united ,states as a result of a violation of such a law2 and 7,b7 is in foster care under the responsibility of a ,state4 4 7#c7 ,effective date ,the amendments made by this subsection shall take effect on the #ast day of the #ast calendar quarter that begins after the #a-year period that begins on the date of the enactment of this ,act4 7d7 ,preclusion of ,social ,security credits for periods without work authorization 7#a7 ,insured status ,section #bad of the ,social ,security ,act 7#db ,u4,s4,c4 #dad7 is amended by adding at the end the following new subsection3 7d7 ,insured status 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 for purposes of subsections 7a7 and 7b71 no quarter of coverage shall be credited for any calendar year-- 7,a7 beginning after ,december #ca1 #bjjc1 and before ,january #a1 #bjad1 with respect to an individual who has been granted registered provisional immigrant status pursuant to section #bde;,b of the ,immigration and ,nationality ,act2 or 7,b7 beginning after ,december #ca1 #bjjc1 and before ,january #a1 #bjad1 in which an individual earned such quarter of coverage while present under an expired nonimmigrant visa1 unless the ,commissioner of ,social ,security determines1 on the basis of information provided to the ,commissioner by the individual1 that the individual was authorized to be employed in the ,united ,states during such quarter4 7#b7 ,exception ,paragraph 7#a7 shall not apply to an individual who was assigned a social security account number before ,january #a1 #bjjd4 7#c7 ,attestation of work authorization 7,a7 ,in general ,for purposes of paragraph 7#a71 if an individual is unable to obtain or produce sufficient evidence or documentation that the individual was authorized to be employed in the ,united ,states during a quarter1 the individual may submit an attestation to the ,commissioner of ,social ,security that the individual was authorized to be employed in the ,united ,states during such quarter and that sufficient evidence or documentation of such authorization cannot be obtained by the individual4 7,b7 ,penalty ,any individual who knowingly submits a false attestation described in subparagraph 7,a7 shall be subject to the penalties under section #ajda of title #ah1 ,united ,states ,code4 4 7#b7 ,benefit computation ,section #bae7;e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dae7;e77 is amended-- 7,a7 in paragraph 7#a71 by striking and at the end2 7,b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#c7 in computing the average indexed monthly earnings of an individual1 there shall not be counted any wages or self-employment income for any year for which no quarter of coverage may be credited to such individual as a result of the application of section #bad7;d74 4 7#c7 ,conforming amendment ,section #bbc7;c77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc7;c77#a77 is amended in the flush matter at the end by inserting the individual does not satisfy the criterion specified in section #bad7;d7 or after part of any period if4 7#d7 ,effective date ,the amendments made by this subsection shall apply to benefit applications filed on or after the date that is #ahj days after the date of the enactment of this ,act based on the wages or self-employment income of an individual with respect to whom a primary insurance amount has not been determined under title ,,ii of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq47 before such date4 #bajh4 ,government contracting and acquisition of real property interest 7a7 ,exemption from government contracting and hiring rules 7#a7 ,in general ,a determination by a ,federal agency to use a procurement competition exemption under section #bec7;c7 of title #da1 ,united ,states ,code1 or to use the authority granted in paragraph 7#b71 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 #ceea and #ceef of title #ca1 ,united ,states ,code1 or to the ,court of ,federal ,claims1 under section #adia of title #bh1 ,united ,states ,code4 ,an agency shall immediately advise the ,congress of the exercise of the authority granted under this paragraph4 7#b7 ,government contracting exemption ,the competition requirement under section #bec7;a7 of title #da1 ,united ,states ,code1 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-- 7,a7 determines that the waiver or modification is necessary2 and 7,b7 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 ,representatives4 7#c7 ,hiring rules exemption ,notwithstanding any other provision of law1 the ,secretary is authorized to make term1 temporary limited1 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 employees1 their ratio to permanent full-time employees1 and the duration of their employment4 ,nothing in chapter #ga of title #e1 ,united ,states ,code1 shall affect the authority of any ,department management official to hire term1 temporary limited or part-time employees under this paragraph4 7b7 ,authority ,to waive annuity limitations ,section #hbd7;g77#b77;,b7 of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djfd7;g77#b77;,b77 is amended by striking #bjji and inserting #bjag4 7c7 ,authority ,to acquire leaseholds ,notwithstanding any other provision of law1 the ,secretary may acquire a leasehold interest in real property1 and may provide in a lease entered into under this subsection for the construction or modification of any facility on the leased property1 if the ,secretary determines that the acquisition of such interest1 and such construction or modification1 are necessary in order to facilitate the implementation of this title and the amendments made by this title4 #baji4 ,long-term legal residents of the ,commonwealth of the ,northern ,mariana ,islands ,section 7#f77;e7 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 ,america1 and for other purposes1 approved ,march #bd1 #aigf 7#dh ,u4,s4,c4 #ahjf7;e771 as added by section #gjb of the ,consolidated ,natural ,resources ,act of #bjjh 7,public ,law #aaj-bbi2 #abb ,stat4 #hed71 is amended by adding at the end the following3 7#f7 ,special provision regarding long-term residents of the commonwealth 7,a7 ,,cnmi-only resident status ,notwithstanding paragraph 7#a71 an alien described in subparagraph 7,b7 may1 upon the application of the alien1 be admitted as an immigrant to the ,commonwealth subject to the following rules3 7i7 ,the alien shall be treated as an immigrant lawfully admitted for permanent residence in the ,commonwealth only1 including permitting entry to and exit from the ,commonwealth1 until the earlier of the date on which-- 7,i7 the alien ceases to permanently reside in the ,commonwealth2 or 7,,ii7 the alien's status is adjusted under this paragraph or section #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7 to that of an alien lawfully admitted for permanent residence in accordance with all applicable eligibility requirements4 7ii7 ,the ,secretary of ,homeland ,security shall establish a process for such aliens to apply for ,,cnmi-only permanent resident status during the #ij-;day period beginning on the first day of the sixth month after the date of the enactment of this paragraph4 7iii7 ,nothing in this subparagraph may be construed to provide any alien granted status under this subparagraph with public assistance to which the alien is not otherwise entitled4 7,b7 ,aliens described ,an alien is described in this subparagraph if the alien-- 7i7 is lawfully present in the ,commonwealth under the immigration laws of the ,united ,states2 7ii7 is otherwise admissible to the ,united ,states under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq472 7iii7 resided continuously and lawfully in the ,commonwealth from ,november #bh1 #bjji1 through the date of the enactment of this paragraph2 7iv7 is not a citizen of the ,republic of the ,marshall ,islands1 the ,federated ,states of ,micronesia1 or the ,republic of ,palau2 and 7v7 7,i7 was born in the ,northern ,mariana ,islands between ,january #a1 #aigd and ,january #i1 #aigh2 7,,ii7 was1 on ,may #h1 #bjjh1 and continues to be as of the date of the enactment of this paragraph1 a permanent resident 7as defined in section #dcjc of title #c of the ,northern ,mariana ,islands ,commonwealth ,code1 in effect on ,may #h1 #bjjh72 7,,iii7 is the spouse or child 7as defined in section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a7771 of an alien described in subclauses 7,i7 or 7,,ii72 7,,iv7 was1 on ,may #h1 #bjjh1 an immediate relative 7as defined in section #dcjc of title #c of the ,northern ,mariana ,islands ,commonwealth ,code1 in effect on ,may #h1 #bjjh1 of a ,united ,states citizen1 notwithstanding the age of the ,united ,states citizen1 and continues to be such an immediate relative on the date of the application described in subparagraph 7,a72 7,v7 resided in the ,northern ,mariana ,islands as a guest worker under ,commonwealth immigration law for at least #e years before ,may #h1 #bjjh and is presently resident under ,,cw-#a status2 or 7,,vi7 is the spouse or child 7as defined in section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a7771 of the alien guest worker described in subclause 7,v7 and is presently resident under ,,cw-#b status4 7,c7 ,adjustment for long term and permanent residents ,beginning on the date that is #e years after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 an alien described in subparagraph 7,b7 may apply to receive an immigrant visa or to adjust his or her status to that of an alien lawfully admitted for permanent residence4 4 #baaj4 ,rulemaking 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,secretary1 the ,attorney ,general1 and the ,secretary of ,state separately shall issue interim final regulations to implement this subtitle and the amendments made by this subtitle1 which shall take effect immediately upon publication in the ,federal ,register4 7b7 ,application procedures2 processing fees2 documentation ,the interim final regulations issued under subsection 7a7 shall include-- 7#a7 the procedures by which an alien1 and the dependent spouse and children of such alien may apply for status under section #bde;,b of the ,immigration and ,nationality ,act1 as added by section #baja of this ,act1 as a registered provisional immigrant or a registered provisional immigrant dependent1 as applicable1 including the evidence required to demonstrate eligibility for such status or to be included in each application for such status2 7#b7 the criteria to be used by the ,secretary to determine-- 7,a7 the maximum processing fee payable under sections #bde;,b7c77#aj77;,b7 and #bde;,c7c77#e77;,a7 of such ,act by a family1 including spouses and unmarried children younger than #ba years of age2 and 7,b7 which individuals will be exempt from such fees2 7#c7 the documentation required to be submitted by the applicant to demonstrate compliance with section #bde;,c7b77#c7 of such ,act2 and 7#d7 the procedures for a registered provisional immigrant to apply for adjustment of status under section #bde;,c or #bde;,d of such ,act1 including the evidence required to be submitted with such application to demonstrate the applicant's eligibility for such adjustment4 7c7 ,exemption from ,national ,environmental ,policy ,act ,any decision by the ,secretary concerning any rulemaking action1 plan1 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 #aifi 7#db ,u4,s4,c4 #dcba et seq474 #baaa4 ,statutory construction ,except as specifically provided1 nothing in this subtitle1 or any amendment made by this subtitle1 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 person4 ,b ,agricultural ,worker ,program #bbja4 ,short title ,this subtitle may be cited as the ,agricultural ,worker ,program ,act of #bjac4 #bbjb4 ,definitions ,in this subtitle3 7#a7 ,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 #bbaa4 7#b7 ,agricultural employment ,the term agricultural employment has the meaning given such term in section #c of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahjb71 without regard to whether the specific service or activity is temporary or seasonal4 7#c7 ,child ,the term child has the meaning given the term in section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a774 7#d7 ,employer ,the term employer means any person or entity1 including any farm labor contractor and any agricultural association1 that employs workers in agricultural employment4 7#e7 ,qualified designated entity ,the term qualified designated entity means-- 7,a7 a qualified farm labor organization or an association of employers designated by the ,secretary2 or 7,b7 any other entity that the ,secretary designates as having substantial experience1 demonstrated competence1 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 7#h ,u4,s4,c4 #aaea et seq474 7#f7 ,work day ,the term work day means any day in which the individual is employed #e4ge or more hours in agricultural employment4 #a ,program for earned status adjustment of agricultural workers ,a ,blue card status #bbaa4 ,requirements for blue card status 7a7 ,requirements for blue card status ,notwithstanding any other provision of law1 the ,secretary1 after conducting the national security and law enforcement clearances required under section #bde;,b7c77#d71 may grant blue card status to an alien who-- 7#a7 7,a7 performed agricultural employment in the ,united ,states for not fewer than #ege hours or #ajj work days during the #b-year period ending on ,december #ca1 #bjab2 or 7,b7 is the spouse or child of an alien described in subparagraph 7,a7 and was physically present in the ,united ,states on or before ,december #ca1 #bjab1 and has maintained continuous presence in the ,united ,states from that date until the date on which the alien is granted blue card status1 with the exception of absences from the ,united ,states that are brief1 casual1 and innocent1 whether or not such absences were authorized by the ,secretary2 7#b7 submits a completed application before the end of the period set forth in subsection 7b77#b72 and 7#c7 is not ineligible under paragraph 7#c7 or 7#d7 of section #bde;,b7b7 of the ,immigration and ,nationality ,act 7other than a nonimmigrant alien admitted to the ,united ,states for agricultural employment described in section #aja7;a77#ae77;,h77ii77a7 of such ,act4 7b7 ,application 7#a7 ,in general ,an alien who meets the eligibility requirements set forth in subsection 7a77#a71 may apply for blue card status and that alien's spouse or child may apply for blue card status as a dependent1 by submitting a completed application form to the ,secretary during the application period set forth in paragraph 7#b7 in accordance with the final rule promulgated by the ,secretary pursuant to subsection 7e74 7#b7 ,submission ,the ,secretary shall provide that the alien shall be able to submit an application under paragraph 7#a7-- 7,a7 if the applicant is represented by an attorney or a nonprofit religious1 charitable1 social service1 or similar organization recognized by the ,board of ,immigration ,appeals under section #bib4b of title #h1 ,code of ,federal ,regulations2 or 7,b7 to a qualified entity if the applicant consents to the forwarding of the application to the ,secretary4 7#c7 ,application period 7,a7 ,initial period ,except as provided in subparagraph 7,b71 the ,secretary may only accept applications for blue card status for a #a-year period from aliens in the ,united ,states beginning on the date on which the final rule is published in the ,federal ,register pursuant to subsection 7f71 except that qualified nonimmigrants who have participated in the ,h-#b;,a ,program may apply from outside of the ,united ,states4 7,b7 ,extension ,if the ,secretary determines1 during the initial period described in subparagraph 7,a71 that additional time is required to process applications for blue card status or for other good cause1 the ,secretary may extend the period for accepting applications for an additional #ah months4 7#d7 ,application form 7,a7 ,required information ,the application form referred to in paragraph 7#a7 shall collect such information as the ,secretary determines necessary and appropriate4 7,b7 ,family application ,the ,secretary shall establish a process through which an alien may submit a single application under this section on behalf of the alien1 his or her spouse1 and his or her children1 who are residing in the ,united ,states4 7,c7 ,interview ,the ,secretary may interview applicants for blue card status to determine whether they meet the eligibility requirements set forth in subsection 7a77#a74 7#e7 ,aliens apprehended before or during the application period ,if an alien1 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 7#c71 appears prima facie eligible for blue card status1 the ,secretary-- 7,a7 shall provide the alien with a reasonable opportunity to file an application under this section during such application period2 and 7,b7 may not remove the individual until a final administrative determination is made on the application4 7#f7 ,suspension of removal during application period 7,a7 ,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-- 7i7 such alien is1 or has become1 ineligible for blue card status2 or 7ii7 the alien's blue card status has been revoked4 7,b7 ,aliens in removal proceedings ,notwithstanding any other provision of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47-- 7i7 if the ,secretary determines that an alien1 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 7#b71 is in removal1 deportation1 or exclusion proceedings before the ,executive ,office for ,immigration ,review and is prima facie eligible for blue card status under this section-- 7,i7 the ,secretary shall provide the alien with the opportunity to file an application for such status2 and 7,,ii7 upon motion by the ,secretary and with the consent of the alien or upon motion by the alien1 the ,executive ,office for ,immigration ,review shall-- 7aa7 terminate such proceedings without prejudice to future proceedings on any basis2 and 7bb7 provide the alien a reasonable opportunity to apply for such status2 and 7ii7 if the ,executive ,office for ,immigration ,review determines that an alien1 during the application period described in paragraph 7#b71 is in removal1 deportation1 or exclusion proceedings before the ,executive ,office for ,immigration ,review and is prima facie eligible for blue card status under this section-- 7,i7 the ,executive ,office of ,immigration ,review shall notify the ,secretary of such determination2 and 7,,ii7 if the ,secretary does not dispute the determination of prima facie eligibility within #g days after such notification1 the ,executive ,office for ,immigration ,review1 upon consent of the alien1 shall-- 7aa7 terminate such proceedings without prejudice to future proceedings on any basis2 and 7bb7 permit the alien a reasonable opportunity to apply for such status4 7,c7 ,treatment of certain aliens 7i7 ,in general ,if an alien who meets the eligibility requirements set forth in subsection 7a7 is present in the ,united ,states and has been ordered excluded1 deported1 or removed1 or ordered to depart voluntarily from the ,united ,states under any provision of this ,act-- 7,i7 notwithstanding such order or section #bda7;a77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77#e771 the alien may apply for blue card status under this section2 and 7,,ii7 if the alien is granted such status1 the alien shall file a motion to reopen the exclusion1 deportation1 removal1 or voluntary departure order1 which motion shall be granted unless #a or more of the grounds of ineligibility is established by clear and convincing evidence4 7ii7 ,limitations on motions to reopen ,the limitations on motions to reopen set forth in section #bdj7;c77#g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7c77#g77 shall not apply to motions filed under clause 7i77,,ii74 7,d7 ,period pending adjudication of application 7i7 ,in general ,during the period beginning on the date on which an alien applies for blue card status under this subsection and the date on which the ,secretary makes a final decision regarding such application1 the alien-- 7,i7 may receive advance parole to reenter the ,united ,states if urgent humanitarian circumstances compel such travel2 7,,ii7 may not be detained by the ,secretary or removed from the ,united ,states unless the ,secretary makes a prima facie determination that such alien is1 or has become1 ineligible for blue card status2 7,,iii7 shall not be considered unlawfully present for purposes of section #bab7;a77#i77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i77;,b772 and 7,,iv7 shall not be considered an unauthorized alien 7as defined in section #bgd;,a7h77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h77#c7774 7ii7 ,evidence of application filing ,as soon as practicable after receiving each application for blue card status1 the ,secretary shall provide the applicant with a document acknowledging the receipt of such application4 7iii7 ,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 #bgd;,a7a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7a77#b77 if the employer continues to employ the alien pending the adjudication of the alien employee's application4 7iv7 ,effect of departure ,section #aja7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;g77 shall not apply to an alien granted-- 7,i7 advance parole under clause 7i77,i7 to reenter the ,united ,states2 or 7,,ii7 blue card status4 7#g7 ,security and law enforcement clearances 7,a7 ,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 ,secretary4 7,b7 ,alternative procedures ,the ,secretary shall provide an alternative procedure for applicants who cannot provide the standard biometric data required under subparagraph 7,a7 because of a physical impairment4 7,c7 ,clearances 7i7 ,data collection ,the ,secretary shall collect1 from each alien applying for status under this section1 biometric1 biographic1 and other data that the ,secretary determines to be appropriate-- 7,i7 to conduct national security and law enforcement clearances2 and 7,,ii7 to determine whether there are any national security or law enforcement factors that would render an alien ineligible for such status4 7ii7 ,prerequisite ,the required clearances described in clause 7i77,i7 shall be completed before the alien may be granted blue card status4 7#h7 ,duration of status ,after the date that is #h years after the date regulations are published under this section1 no alien may remain in blue card status4 7#i7 ,fees and penalties 7,a7 ,standard processing fee 7i7 ,in general ,aliens who are #af years of age or older and are applying for blue card status under paragraph 7#b71 or for an extension of such status1 shall pay a processing fee to the ,department in an amount determined by the ,secretary4 7ii7 ,recovery of costs ,the processing fee authorized under clause 7i7 shall be set at a level that is sufficient to recover the full costs of processing the application1 including any costs incurred-- 7,i7 to adjudicate the application2 7,,ii7 to take and process biometrics2 7,,iii7 to perform national security and criminal checks1 including adjudication2 7,,iv7 to prevent and investigate fraud2 and 7,v7 to administer the collection of such fee4 7iii7 ,authority to limit fees ,the ,secretary1 by regulation1 may-- 7,i7 limit the maximum processing fee payable under this subparagraph by a family1 including spouses and unmarried children younger than #ba years of age2 and 7,,ii7 exempt defined classes of individuals from the payment of the fee authorized under clause 7i74 7,b7 ,deposit and use of processing fees ,fees collected pursuant to subparagraph 7,a77i7-- 7i7 shall be deposited into the ,immigration ,examinations ,fee ,account pursuant to section #bhf7m72 and 7ii7 shall remain available until expended pursuant to section #bhf7n74 7,c7 ,penalty 7i7 ,payment ,in addition to the processing fee required under subparagraph 7,a71 aliens who are #ba years of age or older and are applying for blue card status under paragraph 7#b7 shall pay a #ajj penalty to the ,department4 7ii7 ,deposit ,penalties collected pursuant to clause 7i7 shall be deposited into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a74 7#aj7 ,adjudication 7,a7 ,failure to submit sufficient evidence ,the ,secretary shall deny an application submitted by an alien who fails to submit-- 7i7 requested initial evidence1 including requested biometric data2 or 7ii7 any requested additional evidence by the date required by the ,secretary4 7,b7 ,amended application ,an alien whose application for blue card status is denied under subparagraph 7,a7 may file an amended application for such status to the ,secretary if the amended application-- 7i7 is filed within the application period described in paragraph 7#c72 and 7ii7 contains all the required information and fees that were missing from the initial application4 7#aa7 ,evidence of blue card status 7,a7 ,in general ,the ,secretary shall issue documentary evidence of blue card status to each alien whose application for such status has been approved4 7,b7 ,documentation features ,documentary evidence provided under subparagraph 7,a7-- 7i7 shall be machine-readable and tamper-resistant1 and shall contain a digitized photograph2 7ii7 shall1 during the alien's authorized period of admission1 and any extension of such authorized admission1 serve as a valid travel and entry document for the purpose of applying for admission to the ,united ,states2 7iii7 may be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section #bgd;,a7b77#a77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7b77#a77;,b772 and 7iv7 shall include such other features and information as the ,secretary may prescribe4 7c7 ,terms and conditions of blue card status 7#a7 ,conditions of blue card status 7,a7 ,employment ,notwithstanding any other provision of law1 including section #bda7;a77#g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77#g771 an alien with blue card status shall be authorized to be employed in the ,united ,states while in such status4 7,b7 ,travel outside the united states ,an alien with blue card status may travel outside of the ,united ,states and may be admitted1 if otherwise admissible1 upon returning to the ,united ,states without having to obtain a visa if-- 7i7 the alien is in possession of-- 7,i7 valid1 unexpired documentary evidence of blue card status that complies with subsection 7b77#aa72 or 7,,ii7 a travel document that has been approved by the ,secretary and was issued to the alien after the alien's original documentary evidence was lost1 stolen1 or destroyed2 7ii7 the alien's absence from the ,united ,states did not exceed #ahj days1 unless the alien's failure to timely return was due to extenuating circumstances beyond the alien's control2 and 7iii7 the alien establishes that the alien is not inadmissible under subparagraph 7,a77i71 7,a77iii71 7,b71 or 7,c7 of section #bab7;a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c774 7,c7 ,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 filed4 7,d7 ,clarification of status ,an alien granted blue card status-- 7i7 is lawfully admitted to the ,united ,states2 and 7ii7 may not be classified as a nonimmigrant or as an alien who has been lawfully admitted for permanent residence4 7#b7 ,revocation 7,a7 ,in general ,the ,secretary may revoke blue card status at any time after providing appropriate notice to the alien1 and after the exhaustion or waiver of all applicable administrative review procedures under section #bde;,e7c7 of the ,immigration and ,nationality ,act1 as added by section #bajd7;a7 of this ,act1 if the alien-- 7i7 no longer meets the eligibility requirements for blue card status2 7ii7 knowingly used documentation issued under this section for an unlawful or fraudulent purpose2 or 7iii7 was absent from the ,united ,states for-- 7,i7 any single period longer than #ahj days in violation of the requirement under paragraph 7#a77;,b77ii72 or 7,,ii7 for more than #ahj days in the aggregate during any calendar year1 unless the alien's failure to timely return was due to extenuating circumstances beyond the alien's control4 7,b7 ,additional evidence 7i7 ,in general ,in determining whether to revoke an alien's status under subparagraph 7,a71 the ,secretary may require the alien-- 7,i7 to submit additional evidence2 or 7,,ii7 to appear for an interview4 7ii7 ,effect of noncompliance ,the status of an alien who fails to comply with any requirement imposed by the ,secretary under clause 7i7 shall be revoked unless the alien demonstrates to the ,secretary's satisfaction that such failure was reasonably excusable4 7,c7 ,invalidation of documentation ,if an alien's blue card status is revoked under subparagraph 7,a71 any documentation issued by the ,secretary to such alien under subsection 7b77#aa7 shall automatically be rendered invalid for any purpose except for departure from the ,united ,states4 7#c7 ,ineligibility for public benefits ,an alien who has been granted blue card status is not eligible for any ,federal means-tested public benefit 7as such term is defined and implemented in section #djc of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac774 7#d7 ,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 status1 except that the noncitizen-- 7,a7 is not entitled to the premium assistance tax credit authorized under section #cf;,b of the ,internal ,revenue ,code of #aihf for his or her coverage2 7,b7 shall be subject to the rules applicable to individuals who are not lawfully present set forth in subsection 7e7 of such section2 7,c7 shall be subject to the rules applicable to individuals who are not lawfully present set forth in section #adjb7;e7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjga7;e772 and 7,d7 shall be subject to the rules applicable to individuals not lawfully present set forth in section #ejjj;,a7d77#c7 of the ,internal ,revenue ,code of #aihf4 7#e7 ,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 #bde;,b of the ,immigration and ,nationality ,act if the ,secretary determines that the alien is unable to fulfill the agricultural service requirement set forth in section #bde;,f7a77#a7 of such ,act4 7d7 ,record of employment 7#a7 ,in general ,each employer of an alien granted blue card status shall annually provide-- 7,a7 a written record of employment to the alien2 and 7,b7 a copy of such record to the ,secretary of ,agriculture4 7#b7 ,civil penalties 7,a7 ,in general ,if the ,secretary finds1 after notice and an opportunity for a hearing1 that an employer of an alien granted blue card status has knowingly failed to provide the record of employment required under paragraph 7#a7 or has provided a false statement of material fact in such a record1 the employer shall be subject to a civil penalty in an amount not to exceed #ejj per violation4 7,b7 ,limitation ,the penalty under subparagraph 7,a7 for failure to provide employment records shall not apply unless the alien has provided the employer with evidence of employment authorization provided under subsection 7c74 7,c7 ,deposit of civil penalties ,civil penalties collected under this paragraph shall be deposited in the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a74 7#c7 ,termination of obligation ,the obligation under paragraph 7#a7 shall terminate on the date that is #h years after the date of the enactment of this ,act4 7#d7 ,employer protections 7,a7 ,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 blue card status may not be used in a civil or criminal prosecution or investigation of that employer under section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7 or the ,internal ,revenue ,code of #aihf for the prior unlawful employment of that alien regardless of the adjudication of such application or reconsideration by the ,secretary of such alien's prima facie eligibility determination4 ,employers that provide unauthorized aliens with copies of employment records or other evidence of employment pursuant to an application for blue card status shall not be subject to civil and criminal liability pursuant to such section #bgd;,a for employing such unauthorized aliens4 7,b7 ,limit on applicability ,the protections for employers and aliens under subparagraph 7,a7 shall not apply if the aliens or employers submit employment records that are deemed to be fraudulent4 7e7 ,rulemaking ,not later than #a year after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,agriculture1 shall issue final regulations to implement this chapter4 #bbab4 ,adjustment to permanent resident status 7a7 ,in general ,chapter #e of title ,,ii 7#h ,u4,s4,c4 #abee et seq47 is amended by inserting after section #bde;,e1 as added by section #bajd of this ,act1 the following3 #bde;,f4 ,adjustment to permanent resident status for agricultural workers 7a7 ,in general ,except as provided in subsection 7b71 and not earlier than #e years after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 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 satisfied3 7#a7 ,qualifying employment ,except as provided in paragraph 7#c71 the alien-- 7,a7 during the #h-year period beginning on the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 performed not less than #ajj work days of agricultural employment during each of #e years2 or 7,b7 during the #e-year period beginning on such date of enactment1 performed not less than #aej work days of agricultural employment during each of #c years4 7#b7 ,evidence ,an alien may demonstrate compliance with the requirement under paragraph 7#a7 by submitting-- 7,a7 the record of employment described in section #bbaa7;d7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 7,b7 documentation that may be submitted under subsection 7e77#d72 or 7,c7 any other documentation designated by the ,secretary for such purpose4 7#c7 ,extraordinary circumstances 7,a7 ,in general ,in determining whether an alien has met the requirement under paragraph 7#a71 the ,secretary may credit the alien with not more than #ab 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-- 7i7 pregnancy1 disabling injury1 or disease that the alien can establish through medical records2 7ii7 illness1 disease1 or other special needs of a child that the alien can establish through medical records2 7iii7 severe weather conditions that prevented the alien from engaging in agricultural employment for a significant period of time2 or 7iv7 termination from agricultural employment1 if the ,secretary determines that-- 7,i7 the termination was without just cause2 and 7,,ii7 the alien was unable to find alternative agricultural employment after a reasonable job search4 7,b7 ,effect of determination ,a determination under subparagraph 7,a77iv71 with respect to an alien1 shall not be conclusive1 binding1 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 party4 7#d7 ,application period ,the alien applies for adjustment of status before the alien's blue card status expires4 7#e7 ,fine ,the alien pays a fine of #djj to the ,secretary1 which shall be deposited into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7b7 ,grounds for denial of adjustment of status 7#a7 ,in general ,the ,secretary may not adjust the status of an alien granted blue card status if the alien-- 7,a7 is no longer eligible for blue card status2 or 7,b7 failed to perform the qualifying employment requirement under subsection 7a77#a71 considering any amount credited by the ,secretary under subsection 7a77#c74 7#b7 ,maintenance of waivers of inadmissibility ,the grounds of inadmissibility set forth in section #bab7;a7 that were previously waived for the alien or made inapplicable shall not apply for purposes of the alien's adjustment of status under this section4 7#c7 ,pending revocation proceedings ,if the ,secretary has notified the applicant that the ,secretary intends to revoke the applicant's blue card status1 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 status4 7#d7 ,payment of taxes 7,a7 ,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 liability4 7,b7 ,definition of applicable federal tax liability ,in this paragraph1 the term applicable federal tax liability means all ,federal income taxes assessed in accordance with section #fbjc of the ,internal ,revenue ,code of #aihf since the date on which the applicant was authorized to work in the ,united ,states in blue card status4 7,c7 ,compliance ,the applicant may demonstrate compliance with subparagraph 7,a7 by submitting such documentation as the ,secretary1 in consultation with the ,secretary of the ,treasury1 may require by regulation4 7c7 ,spouses and children ,notwithstanding any other provision of law1 the ,secretary shall grant permanent resident status to the spouse or child of an alien whose status was adjusted under subsection 7a7 if-- 7#a7 the spouse or child 7including any individual who was a child on the date such alien was granted blue card status7 applies for such status2 7#b7 the principal alien includes the spouse and children in an application for adjustment of status to that of a lawful permanent resident2 and 7#c7 the spouse or child is not ineligible for such status under section #bde;,b4 7d7 ,numerical limitations do not apply ,the numerical limitations under sections #bja and #bjb shall not apply to the adjustment of aliens to lawful permanent resident status under this section4 7e7 ,submission of applications 7#a7 ,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 section4 7#b7 ,fees 7,a7 ,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 applications1 including-- 7i7 the cost of taking and processing biometrics2 7ii7 expenses relating to prevention and investigation of fraud2 and 7iii7 costs relating to the administration of the fees collected4 7,b7 ,authority to limit fees ,the ,secretary1 by regulation-- 7i7 may limit the maximum processing fee payable under this paragraph by a family1 including spouses and unmarried children younger than #ba years of age2 and 7ii7 may exempt individuals described in section #bde;,b7c77#aj7 and other defined classes of individuals from the payment of the fee under subparagraph 7,a74 7#c7 ,disposition of fees ,all fees collected under paragraph 7#b77;,a7-- 7,a7 shall be deposited into the ,immigration ,examinations ,fee ,account pursuant to section #bhf7m72 and 7,b7 shall remain available until expended pursuant to section #bhf7n74 7#d7 ,documentation of work history 7,a7 ,burden of proof ,an alien applying for blue card status under section #bbaa of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act or for adjustment of status under subsection 7a7 shall provide evidence that the alien has worked the requisite number of hours or days required under subsection 7a77#a7 of such section #bbaa or subsection 7a77#c7 of this section1 as applicable4 7,b7 ,timely production of records ,if an employer or farm labor contractor employing such an alien has kept proper and adequate records respecting such employment1 the alien's burden of proof under subparagraph 7,a7 may be met by securing timely production of those records under regulations to be promulgated by the ,secretary4 7,c7 ,sufficient evidence ,an alien may meet the burden of proof under subparagraph 7,a7 to establish that the alien has performed the days or hours of work referred to in subparagraph 7,a7 by producing sufficient evidence to show the extent of that employment as a matter of just and reasonable inference4 7f7 ,penalties for false statements in applications 7#a7 ,criminal penalty ,any person who-- 7,a7 files an application for blue card status under section #bbaa of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act or an adjustment of status under this section and knowingly and willfully falsifies1 conceals1 or covers up a material fact or makes any false1 fictitious1 or fraudulent statements or representations1 or makes or uses any false writing or document knowing the same to contain any false1 fictitious1 or fraudulent statement or entry2 or 7,b7 creates or supplies a false writing or document for use in making such an application1 shall be fined in accordance with title #ah1 ,united ,states ,code1 imprisoned not more than #e years1 or both4 7#b7 ,inadmissibility ,an alien who is convicted of a crime under paragraph 7#a7 shall be deemed inadmissible to the ,united ,states on the ground described in section #bab7;a77#f77;,c77i74 7#c7 ,deposit ,fines collected under paragraph 7#a7 shall be deposited into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7g7 ,eligibility for legal services ,section #ejd7;a77#aa7 of the ,departments of ,commerce1 ,justice1 and ,state1 the ,judiciary1 and ,related ,agencies ,appropriations ,act1 #aiif 7,public ,law #ajd-acd2 #aaj ,stat4 #acba-ee7 may not be construed to prevent a recipient of funds under the ,legal ,services ,corporation ,act 7#db ,u4,s4,c4 #biif et seq47 from providing legal assistance directly related to an application for blue card status under section #bbaa of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 to an individual who has been granted blue card status1 or for an application for an adjustment of status under this section4 7h7 ,administrative and judicial review ,aliens applying for blue card status under section #bbaa of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act or adjustment to permanent resident status under this section shall be entitled to the rights and subject to the conditions applicable to other classes of aliens under sections #bdb7;h7 and #bde;,e4 7i7 ,applicability of other provisions ,the provisions set forth in section #bde;,e which are applicable to aliens described in section #bde;,b1 #bde;,c1 and #bde;,d shall apply to aliens applying for blue card status under section #bbaa of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act or adjustment to permanent resident status under this section4 7j7 ,limitation on blue card status ,an alien granted blue card status under section #bbaa of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act may only adjust status to an alien lawfully admitted for permanent residence under this section1 section #bde;,c of this ,act1 or section #bcjb of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7k7 ,definitions ,in this section3 7#a7 ,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 #bbaa of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7#b7 ,agricultural employment ,the term agricultural employment has the meaning given such term in section #c of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahjb71 without regard to whether the specific service or activity is temporary or seasonal4 7#c7 ,employer ,the term employer means any person or entity1 including any farm labor contractor and any agricultural association1 that employs workers in agricultural employment4 7#d7 ,work day ,the term work day means any day in which the individual is employed #e4ge or more hours in agricultural employment4 4 7b7 ,conforming amendment ,section #bja7;b77#a7 7#h ,u4,s4,c4 #aaea7;b77#a771 as amended by section #bajc7;c71 is further amended by adding at the end the following3 7,g7 ,aliens granted lawful permanent resident status under section #bde;,f4 4 7c7 ,clerical amendment ,the table of contents1 as amended by section #bajd7;e71 is further amended by inserting after the item relating to section #bde;,e the following3 ,sec4 #bde;,f4 ,adjustment to permanent resident status for agricultural workers4 4 #bbac4 ,use of information ,beginning not later than the first day of the application period described in section #bbaa7;b77#c71 the ,secretary1 in cooperation with qualified designated entities1 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 benefits4 #bbad4 ,reports on blue cards ,not later than ,september #cj1 #bjac1 and annually thereafter for the next #h years1 the ,secretary shall submit a report to ,congress that identifies1 for the previous fiscal year-- 7#a7 the number of aliens who applied for blue card status2 7#b7 the number of aliens who were granted blue card status2 7#c7 the number of aliens who applied for an adjustment of status pursuant to section #bde;,f7a7 of the ,immigration and ,nationality ,act1 as added by section #bbab2 and 7#d7 the number of aliens who received an adjustment of status pursuant such section #bde;,f7a74 #bbae4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary such sums as may be necessary to implement this subchapter1 including any sums needed for costs associated with the initiation of such implementation1 for fiscal years #bjac and #bjad4 ,b ,correction of social security records #bbba4 ,correction of social security records 7a7 ,in general ,section #bjh7;e77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #djh7;e77#a77 is amended-- 7#a7 in subparagraph 7,b77ii71 by striking or at the end2 7#b7 in subparagraph 7,c71 by inserting or at the end2 7#c7 by inserting after subparagraph 7,c7 the following3 7,d7 who is granted blue card status under the ,agricultural ,worker ,program ,act of #bjac1 2 and 7#d7 by striking #aiij4 and inserting #aiij1 or in the case of an alien described in subparagraph 7,d71 if such conduct is alleged to have occurred before the date on which the alien was granted blue card status under section #bbaa7;a7 of the ,agricultural ,worker ,program ,act of #bjac44 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the first day of the seventh month that begins after the date of the enactment of this ,act4 #b ,nonimmigrant agricultural visa program #bbca4 ,nonimmigrant classification for nonimmigrant agricultural workers ,section #aja7;a77#ae7 7#h ,u4,s4,c4 #aaja7;a77#ae77 is amended by adding at the end the following3 7,w7 an alien having a residence in a foreign country who is coming to the ,united ,states for a temporary period-- 7iii7 7,i7 to perform services or labor in agricultural employment and who has a written contract that specifies the wages1 benefits1 and working conditions of such full-time employment in an agricultural occupation with a designated agricultural employer for a specified period of time2 and 7,,ii7 who meets the requirements under section #bah;,a for a nonimmigrant visa described in this clause2 or 7iv7 7,i7 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 7i72 and 7,,ii7 who meets the requirements under section #bah;,a for a nonimmigrant visa described in this clause4 4 #bbcb4 ,establishment of nonimmigrant agricultural worker program 7a7 ,in general ,chapter #b of title ,,ii 7#h ,u4,s4,c4 #aaha et seq47 is amended by inserting after section #bah the following3 #bah;,a4 ,nonimmigrant agricultural worker program 7a7 ,definitions ,in this section and in clauses 7iii7 and 7iv7 of section #aja7;a77#ae77,w73 7#a7 ,agricultural employment ,the term agricultural employment has the meaning given such term in section #c of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahjb71 without regard to whether the specific service or activity is temporary or seasonal4 7#b7 ,at-will agricultural worker ,the term at-will agricultural worker means an alien present in the ,united ,states pursuant to section #aja7;a77#ae77,w77iv74 7#c7 ,blue card ,the term blue card means an employment authorization and travel document issued to an alien granted blue card status under section #bbaa7;a7 of the ,agricultural ,worker ,program ,act of #bjac4 7#d7 ,contract agricultural worker ,the term contract agricultural worker means an alien present in the ,united ,states pursuant to section #aja7;a77#ae77,w77iii74 7#e7 ,designated agricultural employer ,the term designated agricultural employer means an employer who is registered with the ,secretary of ,agriculture pursuant to subsection 7e77#a74 7#f7 ,electronic job registry ,the term ,electronic ,job ,registry means the ,electronic ,job ,registry of a ,state workforce agency 7or similar successor registry74 7#g7 ,employer ,except as otherwise provided1 the term employer means any person or entity1 including any farm labor contractor and any agricultural association1 that employs workers in agricultural employment4 7#h7 ,nonimmigrant agricultural worker ,the term nonimmigrant agricultural worker mean a nonimmigrant described in clause 7iii7 or 7iv7 of section #aja7;a77#ae77,w74 7#i7 ,program ,the term ,program means the ,nonimmigrant ,agricultural ,worker ,program established under subsection 7b74 7#aj7 ,secretary ,except as otherwise specifically provided1 the term ,secretary means the ,secretary of ,agriculture4 7#aa7 ,united ,states worker ,the term ,united ,states worker means an individual who-- 7,a7 is a national of the ,united ,states2 or 7,b7 is an alien who-- 7i7 is lawfully admitted for permanent residence2 7ii7 is admitted as a refugee under section #bjg2 7iii7 is granted asylum under section #bjh2 7iv7 holds a blue card2 or 7v7 is an immigrant otherwise authorized by this ,act or by the ,secretary of ,homeland ,security to be employed in the ,united ,states4 7b7 ,requirements 7#a7 ,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 section4 7#b7 ,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 section4 7c7 ,numerical limitation 7#a7 ,first #e years of program 7,a7 ,in general ,subject to paragraph 7#b71 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 #d fiscal years shall be equal to-- 7i7 #aab1ccc2 and 7ii7 the numerical adjustment made by the ,secretary for such fiscal year in accordance with paragraph 7#b74 7,b7 ,quarterly allocation ,the annual allocation of visas described in subparagraph 7,a7 shall be evenly allocated between the #d quarters of the fiscal year unless the ,secretary determines that an alternative allocation would better accommodate the seasonal demand for visas4 ,any unused visas in a quarter shall be added to the allocation for the subsequent quarter of the same fiscal year4 7,c7 ,effect of #bnd 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 7,a7 shall not be recounted against the allocation if the worker is petitioned for by a subsequent designated agricultural employer4 7#b7 ,annual adjustments for first #e years of program 7,a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,labor1 and after reviewing relevant evidence submitted by agricultural producers and organizations representing agricultural workers1 may increase or decrease1 as appropriate1 the worldwide level of visas under paragraph 7#a7 for each of the #e fiscal years referred to in paragraph 7#a7 after considering appropriate factors1 including-- 7i7 a demonstrated shortage of agricultural workers2 7ii7 the level of unemployment and underemployment of agricultural workers during the preceding fiscal year2 7iii7 the number of applications for blue card status2 7iv7 the number of blue card visa applications approved2 7v7 the number of nonimmigrant agricultural workers sought by employers during the preceding fiscal year2 7vi7 the estimated number of ,united ,states workers1 including blue card workers1 who worked in agriculture during the preceding fiscal year2 7vii7 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 visa2 7viii7 the number of ,united ,states workers who accepted jobs offered by employers using the ,electronic ,job ,registry during the preceding fiscal year2 7ix7 any growth or contraction of the ,united ,states agricultural industry that has increased or decreased the demand for agricultural workers2 and 7x7 any changes in the real wages paid to agricultural workers in the ,united ,states as an indication of a shortage or surplus of agricultural labor4 7,b7 ,notification2 implementation ,the ,secretary shall notify the ,secretary of ,homeland ,security of any change to the worldwide level of visas for nonimmigrant agricultural workers4 ,the ,secretary of ,homeland ,security shall implement such changes4 7,c7 ,emergency procedures ,the ,secretary shall establish1 by regulation1 procedures for immediately adjusting an annual allocation under paragraph 7#a7 for labor shortages1 as determined by the ,secretary4 ,the ,secretary shall make a decision on a petition for an adjustment of status not later than #cj days after receiving such petition4 7#c7 ,sixth and subsequent years of program ,the ,secretary1 in consultation with the ,secretary of ,labor1 shall establish the worldwide level of visas for nonimmigrant agricultural workers for each fiscal year following the fiscal years referred to in paragraph 7#a7 after considering appropriate factors1 including-- 7,a7 a demonstrated shortage of agricultural workers2 7,b7 the level of unemployment and underemployment of agricultural workers during the preceding fiscal year2 7,c7 the number of applications for blue card status2 7,d7 the number of blue card visa applications approved2 7,e7 the number of nonimmigrant agricultural workers sought by employers during the preceding fiscal year2 7,f7 the estimated number of ,united ,states workers1 including blue card workers1 who worked in agriculture during the preceding fiscal year2 7,g7 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 visa2 7,h7 the number of ,united ,states workers who accepted jobs offered by employers using the ,electronic ,job ,registry during the preceding fiscal year2 7,i7 any growth or contraction of the ,united ,states agricultural industry that has increased or decreased the demand for agricultural workers2 and 7,j7 any changes in the real wages paid to agricultural workers in the ,united ,states as an indication of a shortage or surplus of agricultural labor4 7#d7 ,emergency procedures ,the ,secretary shall establish1 by regulation1 procedures for immediately adjusting an annual allocation under paragraph 7#c7 for labor shortages1 as determined by the ,secretary4 ,the ,secretary shall make a decision on a petition for an adjustment of status not later than #cj days after receiving such petition4 7d7 ,requirements for nonimmigrant agricultural workers 7#a7 ,eligibility for nonimmigrant agricultural worker status 7,a7 ,in general ,an alien is not eligible to be admitted to the ,united ,states as a nonimmigrant agricultural worker if the alien-- 7i7 violated a material term or condition of a previous admission as a nonimmigrant agricultural worker during the most recent #c-year period 7other 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 cause72 7ii7 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 ,act2 or 7iii7 7,i7 departed from the ,united ,states while subject to an order of exclusion1 deportation1 or removal1 or pursuant to an order of voluntary departure2 and 7,,ii7 7aa7 is outside of the ,united ,states2 or 7bb7 has reentered the ,united ,states illegally after ,december #ca1 #bjab1 without receiving consent to the alien's reapplication for admission under section #bab7;a77#i74 7,b7 ,waiver ,the ,secretary of ,homeland ,security may waive the application of subparagraph 7,a77iii7 on behalf of an alien if the alien-- 7i7 is the spouse or child of a ,united ,states citizen or lawful permanent resident2 7ii7 is the parent of a child who is a ,united ,states citizen or lawful permanent resident2 7iii7 meets the requirements set forth in clause 7ii7 or 7iii7 of section #bde;,d7b77#a77;,a72 or 7iv7 7,i7 meets the requirements set forth in section #bde;,d7b77#a77;,a77ii72 7,,ii7 is #af years or older on the date on which the alien applies for nonimmigrant agricultural status2 and 7,,iii7 was physically present in the ,united ,states for an aggregate period of not less than #c years during the #f-year period immediately preceding the date of the enactment of this section4 7#b7 ,term of stay for nonimmigrant agricultural workers 7,a7 ,in general 7i7 ,initial admission ,a nonimmigrant agricultural worker may be admitted into the ,united ,states in such status for an initial period of #c years4 7ii7 ,renewal ,a nonimmigrant agricultural worker may renew such worker's period of admission in the ,united ,states for #a additional #c-year period4 7,b7 ,break in presence ,a nonimmigrant agricultural worker who has been admitted to the ,united ,states for #b consecutive periods under subparagraph 7,a7 is ineligible to renew the alien's nonimmigrant agricultural worker status until such alien-- 7i7 returns to a residence outside the ,united ,states for a period of not less than #c months2 and 7ii7 seeks to reenter the ,united ,states under the terms of the ,program as a nonimmigrant agricultural worker4 7#c7 ,loss of status 7,a7 ,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-- 7i7 after the completion of his or her contract with a designated agricultural employer1 is not employed in agricultural employment by a designated agricultural employer2 or 7ii7 is an at-will agricultural worker and is not continuously employed by a designated agricultural employer in agricultural employment as an at-will agricultural worker4 7,b7 ,exception ,subject to subparagraph 7,c71 a nonimmigrant agricultural worker has not violated subparagraph 7,a7 if the nonimmigrant agricultural worker is not employed in agricultural employment for a period not to exceed #fj days4 7,c7 ,waiver ,notwithstanding subparagraph 7,b71 the ,secretary of ,homeland ,security may waive the application of clause 7i7 or 7ii7 of subparagraph 7,a7 for a nonimmigrant agricultural worker who was not employed in agricultural employment for a period of more than #fj days if such period of unemployment was due to-- 7i7 the injury of such worker2 or 7ii7 a natural disaster declared by the ,secretary4 7,d7 ,tolling of employment requirement ,a nonimmigrant agricultural worker may leave the ,united ,states for up to #fj days in any fiscal year while in such status4 ,during the period in which the worker is outside of the ,united ,states1 the #fj-;day limit specified in subparagraph 7,b7 shall be tolled4 7#d7 ,portability of status 7,a7 ,contract agricultural workers 7i7 ,in general ,except as provided in clause 7ii71 an alien who entered the ,united ,states as a contract agricultural worker may-- 7,i7 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 #aja7;a77#ae77,w77iii77,i72 and 7,,ii7 accept employment with such new employer after the date the contract agricultural worker completes such contract4 7ii7 ,voluntary abandonment2 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-- 7,i7 may not accept subsequent employment with another designated agricultural employer without first departing the ,united ,states and reentering pursuant to a new offer of employment2 and 7,,ii7 is not entitled to the #ge percent payment guarantee described in subsection 7e77#d77;,b74 7iii7 ,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 7ii74 7,b7 ,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 #aja7;a77#ae77,w77iv77,i74 7#e7 ,prohibition on geographic limitation ,a nonimmigrant visa issued to a nonimmigrant agricultural worker-- 7,a7 shall not limit the geographical area within which such worker may be employed2 7,b7 shall not limit the type of agricultural employment such worker may perform2 and 7,c7 shall restrict such worker to employment with designated agricultural employers4 7#f7 ,treatment of spouses and children ,a spouse or child of a nonimmigrant agricultural worker-- 7,a7 shall not be entitled to a visa or any immigration status by virtue of the relationship of such spouse or child to such worker2 and 7,b7 may be provided status as a nonimmigrant agricultural worker if the spouse or child is independently qualified for such status4 7e7 ,employer requirements 7#a7 ,designated agricultural employer status 7,a7 ,registration requirement ,each employer seeking to employ nonimmigrant agricultural workers shall register for designated agricultural employer status by submitting to the ,secretary1 through the ,farm ,service ,agency in the geographic area of the employer or electronically to the ,secretary1 a registration that includes-- 7i7 the employer's employer identification number2 and 7ii7 a registration fee1 in an amount determined by the ,secretary1 which shall be used for the costs of administering the program4 7,b7 ,criteria ,the ,secretary shall grant designated agricultural employer status to an employer who submits a registration for such status that includes-- 7i7 documentation that the employer is engaged in agriculture2 7ii7 the estimated number of nonimmigrant agricultural workers the employer will need each year2 7iii7 the anticipated periods during which the employer will need such workers2 and 7iv7 documentation establishing need for a specified agricultural occupation or occupations4 7,c7 ,designation 7i7 ,registration number ,the ,secretary shall assign each employer that meets the criteria established pursuant to subparagraph 7,b7 with a designated agricultural employer registration number4 7ii7 ,term of designation ,each employer granted designated agricultural employer status under this paragraph shall retain such status for a term of #c years4 ,at the end of such #c-year term1 the employer may renew the registration for another #c-year term if the employer meets the requirements set forth in subparagraphs 7,a7 and 7,b74 7,d7 ,assistance ,in carrying out the functions described in this subsection1 the ,secretary may work through the ,farm ,service ,agency1 or any other agency in the ,department of ,agriculture-- 7i7 to assist agricultural employers with the registration process under this paragraph by providing such employers with-- 7,i7 technical assistance and expertise2 7,,ii7 internet access for submitting such applications2 and 7,,iii7 a nonelectronic means for submitting such registrations2 and 7ii7 to provide resources about the ,program1 including best practices and compliance related assistance and resources or training to assist in retention of such workers to agricultural employers4 7,e7 ,deposit of registration fee ,fees collected pursuant to subparagraph 7,a77ii7-- 7i7 shall be deposited into the ,immigration ,examinations ,fee ,account pursuant to section #bhf7m72 and 7ii7 shall remain available until expended pursuant to section #bhf7n74 7#b7 ,nonimmigrant agricultural worker petition process 7,a7 ,in general ,not later than #de days before the date on which nonimmigrant agricultural workers are needed1 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 number4 7,b7 ,attestation ,an petition submitted under subparagraph 7,a7 shall include an attestation of the following3 7i7 ,the number of named or unnamed nonimmigrant agricultural workers the designated agricultural employer is seeking to employ during the applicable period of employment4 7ii7 ,the total number of contract agricultural workers and of at-will agricultural workers the employer will require for each occupational category4 7iii7 ,the anticipated period1 including expected beginning and ending dates1 during which such employees will be needed4 7iv7 ,evidence of contracts or written disclosures of employment terms and conditions in accordance with the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja et seq471 which have been disclosed or provided to the nonimmigrant agricultural workers1 or a sample of such contract or disclosure for unnamed workers4 7v7 ,the information submitted to the ,state workforce agency pursuant to paragraph 7#c77;,a77i74 7vi7 ,the record of ,united ,states workers described in paragraph 7#c77;,a77iii7 on the date of the request4 7vii7 ,evidence of offers of employment made to ,united ,states workers as required under paragraph 7#c77;,b74 7viii7 ,the employer will comply with the additional program requirements for designated agricultural employers described in paragraph 7#d74 7,c7 ,employment authorization when changing employers ,nonimmigrant agricultural workers in the ,united ,states who are identified in a petition submitted pursuant to subparagraph 7,a7 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 ,security4 7,d7 ,review ,the ,secretary of ,homeland ,security shall review each petition submitted by designated agricultural employers under this paragraph for completeness or obvious inaccuracies4 ,unless the ,secretary of ,homeland ,security determines that the petition is incomplete or obviously inaccurate1 the ,secretary shall accept the petition4 ,the ,secretary shall establish a procedure for the processing of petitions filed under this subsection4 ,not later than #g working days after the date of the filing1 the ,secretary1 by electronic or other means assuring expedited delivery1 shall submit a copy of notice of approval or denial of the petition to the petitioner and1 in the case of approved petitions1 to the appropriate immigration officer at the port of entry or ,united ,states consulate1 as appropriate1 if the petitioner has indicated that the alien beneficiary or beneficiaries will apply for a visa or admission to the ,united ,states4 7#c7 ,employment of united states workers 7,a7 ,recruitment 7i7 ,filing a job opportunity with local office of state workforce agency ,not later than #fj days before the date on which the employer desires to employ a nonimmigrant agricultural worker1 the employer shall submit the job opportunity 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 the appropriate ,department of ,labor ,electronic ,job ,registry for a period of #de days4 7ii7 ,construction ,nothing in clause 7i7 may be construed to cause a posting referred to in clause 7i7 to be treated as an interstate job order under section #fec4ejj of title #bj1 ,code of ,federal ,regulations 7or similar successor regulation74 7iii7 ,record of united states workers ,an employer shall keep a record of all eligible1 able1 willing1 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 sought4 7,b7 ,requirement to hire 7i7 ,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 #de-;day recruitment period referred to in subparagraph 7,a77i74 7ii7 ,exception ,notwithstanding clause 7i71 the employer may offer the job to a nonimmigrant agricultural worker instead of an alien in blue card status if-- 7,i7 such worker was previously employed by the employer as an ,h-#b;,a worker2 7,,ii7 such worker worked for the employer for #c years during the most recent #d-year period2 and 7,,iii7 the employer pays such worker the adverse effect wage rate calculated under subsection 7f77#e77;,b74 7#d7 ,additional program requirements for designated agricultural employers ,each designated agricultural employer shall comply with the following requirements3 7,a7 ,no displacement of united states workers 7i7 ,in general ,the employer shall not displace a ,united ,states worker employed by the employer1 other than for good cause1 during the period of employment of the nonimmigrant agricultural worker and for a period of #cj days preceding such period in the occupation and at the location of employment for which the employer seeks to employ nonimmigrant agricultural workers4 7ii7 ,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 dispute4 7,b7 ,guarantee of employment for contract agricultural workers 7i7 ,offer to contract worker ,the employer shall guarantee to offer contract agricultural workers employment for the hourly equivalent of at least #ge percent of the work days of the total period of employment1 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 offer4 ,in this clause1 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 holidays4 ,if the employer affords the contract agricultural worker less employment than the number of hours required under this subparagraph1 the employer shall pay such worker the amount the worker would have earned had the worker worked the guaranteed number of hours4 7ii7 ,failure to work ,any hours which the worker fails to work1 up to a maximum of the number of hours specified in the job offer for a work day1 when the worker has been offered an opportunity to do so1 and all hours of work actually performed 7including voluntary work in excess of the number of hours specified in the job offer in a work day1 on the worker's ,sabbath1 or on ,federal holidays7 may be counted by the employer in calculating whether the period of guaranteed employment has been met4 7iii7 ,contract impossibility ,if1 before the expiration of the period of employment specified in the job offer1 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 disaster1 including a flood1 hurricane1 freeze1 earthquake1 fire1 drought1 plant or animal disease or pest infestation1 or regulatory drought1 before the guarantee in clause 7i7 is fulfilled1 the employer-- 7,i7 may terminate the worker's employment2 7,,ii7 shall fulfill the employment guarantee described in clause 7i7 for the work days that have elapsed from the first work day after the arrival of the worker to the termination of employment2 7,,iii7 shall make efforts to transfer the worker to other comparable employment acceptable to the worker2 and 7,,iv7 if such a transfer does not take place1 shall provide the return transportation required under subparagraph 7,j74 7,c7 ,workers' compensation 7i7 ,requirement to provide ,if a job referred to in paragraph 7#c7 is not covered by the ,state workers' compensation law1 the employer shall provide1 at no cost to the nonimmigrant agricultural worker1 insurance covering injury and disease arising out of1 and in the course of1 such job4 7ii7 ,benefits ,the insurance required to be provided under clause 7i7 shall provide benefits at least equal to those provided under and pursuant to the ,state workers' compensation law for comparable employment4 7,d7 ,prohibition for use for nonagricultural services ,the employer may not employ a nonimmigrant agricultural worker for employment other than agricultural employment4 7,e7 ,wages ,the employer shall pay not less than the wage required under subsection 7f74 7,f7 ,deduction of wages ,the employer shall make only deductions from a nonimmigrant agricultural worker's wages that are authorized by law and are reasonable and customary in the occupation and area of employment of such worker4 7,g7 ,requirement to provide housing or a housing allowance 7i7 ,in general ,except as provided in clauses 7iv7 and 7v71 a designated agricultural employer shall offer to provide a nonimmigrant agricultural worker with housing at no cost in accordance with clause 7ii7 or 7iii74 7ii7 ,housing ,an employer may provide housing to a nonimmigrant agricultural worker that meets-- 7,i7 applicable ,federal standards for temporary labor camps2 or 7,,ii7 applicable local standards 7or1 in the absence of applicable local standards1 ,state standards7 for rental or public accommodation housing or other substantially similar class of habitation4 7iii7 ,housing payments 7,i7 ,public housing ,if the employer arranges public housing for nonimmigrant agricultural workers through a ,state1 county1 or local government program and such public housing units normally require payments from tenants1 such payments shall be made by the employer directly to the landlord4 7,,ii7 ,deposits ,deposits for bedding or other similar incidentals related to housing shall not be collected from workers by employers who provide housing for such workers4 7,,iii7 ,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 damage4 7iv7 ,housing allowance alternative 7,i7 ,in general ,the employer may provide a reasonable housing allowance instead of providing housing under clause 7i74 ,upon the request of a worker seeking assistance in locating housing1 the employer shall make a good faith effort to assist the worker in identifying and locating housing in the area of intended employment4 ,an employer who offers a housing allowance to a worker or assists a worker in locating housing1 which the worker occupies1 shall not be deemed a housing provider under section #bjc of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahbc7 solely by virtue of providing such housing allowance4 ,no housing allowance may be used for housing that is owned or controlled by the employer4 7,,ii7 ,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 work4 ,such certification shall expire after #c years unless renewed by the ,governor of the ,state4 7,,iii7 ,amount of allowance 7aa7 ,nonmetropolitan counties ,if the place of employment of the workers provided an allowance under this clause is a nonmetropolitan county1 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 located1 as established by the ,secretary of ,housing and ,urban ,development pursuant to section #h7;c7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7c771 based on a #b-;bedroom dwelling unit and an assumption of #b persons per bedroom4 7bb7 ,metropolitan counties ,if the place of employment of the workers provided an allowance under this clause is a metropolitan county1 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 located1 as established by the ,secretary of ,housing and ,urban ,development pursuant to section #h7;c7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7c771 based on a #b-;bedroom dwelling unit and an assumption of #b persons per bedroom4 7v7 ,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 #ej miles of an international land border of the ,united ,states4 7,h7 ,worksite transportation for contract workers ,during the period a designated agricultural employer employs a contract agricultural worker1 such employer shall1 at the employer's option1 provide or reimburse the contract agricultural worker for the cost of daily transportation from the contract worker's living quarters to the contract agricultural worker's place of employment4 7,i7 ,reimbursement of transportation to the place of employment 7i7 ,in general ,a nonimmigrant agricultural worker shall be reimbursed by the first employer for the cost of the worker's transportation and subsistence from the place from which the worker came from to the place of first employment4 7ii7 ,limitation ,the amount of reimbursement provided under clause 7i7 to a worker shall not exceed the lesser of-- 7,i7 the actual cost to the worker of the transportation and subsistence involved2 or 7,,ii7 the most economical and reasonable common carrier transportation charges and subsistence costs for the distance involved4 7,j7 ,reimbursement of transportation from place of employment 7i7 ,in general ,a contract agricultural worker who completes at least #bg 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 employer4 7ii7 ,limitation ,the amount of reimbursement required under clause 7i7 shall not exceed the lesser of-- 7,i7 the actual cost to the worker of the transportation and subsistence involved2 or 7,,ii7 the most economical and reasonable common carrier transportation charges and subsistence costs for the distance involved4 7f7 ,wages 7#a7 ,wage rate requirement 7,a7 ,in general ,a nonimmigrant agricultural worker employed by a designated agricultural employer shall be paid not less than the wage rate for such employment set forth in paragraph 7#c74 7,b7 ,workers paid on a piece rate or other incentive basis ,if an employer pays by the piece rate or other incentive method and requires #a or more minimum productivity standards as a condition of job retention1 such standards shall be specified in the job offer and be no more than those which have been normally required 7at the time of the employee's first application for designated employer status7 by other employers for the activity in the geographic area of the job1 unless the ,secretary approves a higher standard4 7#b7 ,job categories 7,a7 ,in general ,for purposes of paragraph 7#a71 each nonimmigrant agricultural worker employed by such employer shall be assigned to #a of the following standard occupational classifications1 as defined by the ,bureau of ,labor ,statistics3 7i7 ,first-,line ,supervisors of ,farming1 ,fishing1 and ,forestry ,workers 7#de-ajaa74 7ii7 ,animal ,breeders 7#de-bjba74 7iii7 ,graders and ,sorters1 ,agricultural ,products 7#de-bjda74 7iv7 ,agricultural equipment operator 7#de-bjia74 7v7 ,farmworkers and ,laborers1 ,crop1 ,nursery1 and ,greenhouse 7#de-bjib74 7vi7 ,farmworkers1 ,farm1 ,ranch and ,aquacultural ,animals 7#de-bjic74 7,b7 ,determination of classification ,a nonimmigrant agricultural worker is employed in a standard occupational classification described in clause 7i71 7ii71 7iii71 7iv71 7v71 or 7vi7 of subparagraph 7,a7 if the worker performs activities associated with that occupational classification1 as specified on the employer's petition1 for at least #ge percent of the time in a semiannual employment period4 7#c7 ,determination of wage rate 7,a7 ,calendar years #bjad through #bjaf ,the wage rate under this subparagraph for calendar years #bjad through #bjaf shall be the higher of-- 7i7 the applicable ,federal1 ,state1 or local minimum wage2 or 7ii7 7,i7 for the category described in paragraph 7#b77;,a77iii7-- 7aa7 #i4cg for calendar year #bjad2 7bb7 #i4fj for calendar year #bjae2 and 7cc7 #i4hd for calendar year #bjaf2 7,,ii7 for the category described in paragraph 7#b77;,a77iv7-- 7aa7 #aa4cj for calendar year #bjad2 7bb7 #aa4eh for calendar year #bjae2 and 7cc7 #aa4hg for calendar year #bjaf2 7,,iii7 for the category described in paragraph 7#b77;,a77v7-- 7aa7 #i4ag for calendar year #bjad2 7bb7 #i4dj for calendar year #bjae2 and 7cc7 #i4fd for calendar year #bjaf2 and 7,,iv7 for the category described in paragraph 7#b77;,a77vi7-- 7aa7 #aj4hb for calendar year #bjad2 7bb7 #aa4ji for calendar year #bjae2 and 7cc7 #aa4cg for calendar year #bjaf4 7,b7 ,subsequent years ,the ,secretary shall increase the hourly wage rates set forth in clauses 7i7 through 7iv7 of subparagraph 7,a71 for each calendar year after the calendar years described in subparagraph 7,a7 by an amount equal to-- 7i7 #a4e percent1 if the percentage increase in the ,employment ,cost ,index for wages and salaries during the previous calendar year1 as calculated by the ,bureau of ,labor ,statistics1 is less than #a4e percent2 7ii7 the percentage increase in such ,employment ,cost ,index1 if such percentage increase is between #a4e percent and #b4e percent1 inclusive2 or 7iii7 #b4e percent1 if such percentage increase is greater than #b4e percent4 7,c7 ,agricultural supervisors and animal breeders ,not later than ,september #a1 #bjae1 and annually thereafter1 the ,secretary1 in consultation with the ,secretary of ,labor1 shall establish the required wage for the next calendar year for each of the job categories set out in clauses 7i7 and 7ii7 of paragraph 7#b77;,a74 7,d7 ,survey by bureau of labor statistics ,not later than ,april #ae1 #bjae1 the ,bureau of ,labor ,statistics shall consult with the ,secretary to expand the ,occupational ,employment ,statistics ,survey to survey agricultural producers and contractors and produce improved wage data by ,state and the job categories set out in clauses 7i7 through 7vi7 of subparagraph 7,a74 7#d7 ,consideration ,in determining the wage rate under paragraph 7#c77;,c71 the ,secretary may consider appropriate factors1 including-- 7,a7 whether the employment of additional alien workers at the required wage will adversely affect the wages and working conditions of workers in the ,united ,states similarly employed2 7,b7 whether the employment in the ,united ,states of an alien admitted under section #aja7;a77#ae77;,h77ii77a7 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 ,states2 7,c7 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 ,census2 7,d7 the wages paid workers in the ,united ,states who are not employed in agricultural employment but who are employed in comparable employment2 7,e7 the continued exclusion of employers of nonimmigrant alien workers in agriculture from the payment of taxes under chapter #ba of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #caja et seq47 and chapter #bc of such ,code 7#bf ,u4,s4,c4 #ccja et seq472 7,f7 the impact of farm labor costs in the ,united ,states on the movement of agricultural production to foreign countries2 7,g7 a comparison of the expenses and cost structure of foreign agricultural producers to the expenses incurred by agricultural producers based in the ,united ,states2 and 7,h7 the accuracy and reliability of the ,occupational ,employment ,statistics ,survey4 7#e7 ,adverse effect wage rate 7,a7 ,prohibition of modification ,the adverse effect wage rates in effect on ,april #ae1 #bjac1 for nonimmigrants admitted under #aja7;a77#ae77;,h77ii77a7-- 7i7 shall remain in effect until the date described in section #bbcc of the ,agricultural ,worker ,program ,act of #bjac2 and 7ii7 may not be modified except as provided in subparagraph 7,b74 7,b7 ,exception ,until the ,secretary establishes the wage rates required under paragraph 7#c77;,c71 the adverse effect wage rates in effect on the date of the enactment of the ,agricultural ,worker ,program ,act of #bjac shall be-- 7i7 deemed to be such wage rates2 and 7ii7 after ,september #a1 #bjae1 adjusted annually in accordance with paragraph 7#c77;,b74 7,c7 ,nonpayment of fica and futa taxes ,an employer employing nonimmigrant agricultural workers shall not be required to pay and withhold from such workers-- 7i7 the tax required under section #caja of the ,internal ,revenue ,code of #aihf2 or 7ii7 the tax required under section #ccja of the ,internal ,revenue ,code of #aihf4 7#f7 ,preferential treatment of aliens prohibited 7,a7 ,in general ,except as provided in subparagraph 7,b71 employers seeking to hire ,united ,states workers shall offer the ,united ,states workers not less than the same benefits1 wages1 and working conditions that the employer is offering1 intends to offer1 or will provide to nonimmigrant agricultural workers4 ,no job offer may impose on ,united ,states workers any restrictions or obligations that will not be imposed on the employer's nonimmigrant agricultural workers4 7,b7 ,exception ,notwithstanding subparagraph 7,a71 a designated agricultural employer is not required to provide housing or a housing allowance to ,united ,states workers4 7g7 ,worker protections and dispute resolution 7#a7 ,equality of treatment ,nonimmigrant agricultural workers shall not be denied any right or remedy under any ,federal1 ,state1 or local labor or employment law applicable to ,united ,states workers engaged in agricultural employment4 7#b7 ,applicability of the migrant and seasonal agricultural worker protection act 7,a7 ,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 7#bi ,u4,s4,c4 #ahja et seq474 7,b7 ,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 7#db ,u4,s4,c4 #biif et seq47 on matters relating to wages1 housing1 transportation1 and other employment rights4 7,c7 ,mediation 7i7 ,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 parties4 7ii7 ,complaint ,if a nonimmigrant agricultural worker files a complaint under section #ejd of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahed71 not later than #fj days after the filing of proof of service of the complaint1 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 dispute4 7iii7 ,notice ,upon filing a request under clause 7ii7 and giving of notice to the parties1 the parties shall attempt mediation within the period specified in clause 7iv74 7iv7 #ij-;day limit ,the ,federal ,mediation and ,conciliation ,service may conduct mediation or other nonbinding dispute resolution activities for a period not to exceed #ij days beginning on the date on which the ,federal ,mediation and ,conciliation ,service receives a request for assistance under clause 7ii7 unless the parties agree to an extension of such period4 7v7 ,authorization of appropriations 7,i7 ,in general ,subject to clause 7,,ii71 there are authorized to be appropriated to the ,federal ,mediation and ,conciliation ,service #ejj1jjj for each fiscal year to carry out this subparagraph4 7,,ii7 ,mediation ,notwithstanding any other provision of law1 the ,director of the ,federal ,mediation and ,conciliation ,service is authorized-- 7aa7 to conduct the mediation or other dispute resolution activities from any other account containing amounts available to the ,director2 and 7bb7 to reimburse such account with amounts appropriated pursuant to subclause 7,i74 7vi7 ,private mediation ,if all parties agree1 a private mediator may be employed as an alternative to the ,federal ,mediation and ,conciliation ,service4 7#c7 ,other rights ,nonimmigrant agricultural workers shall be entitled to the rights granted to other classes of aliens under sections #bdb7;h7 and #bde;,e4 7#d7 ,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 organization4 7h7 ,enforcement authority 7#a7 ,investigation of complaints 7,a7 ,aggrieved person or third-party complaints 7i7 ,process ,the ,secretary of ,labor shall establish a process for the receipt1 investigation1 and disposition of complaints respecting a designated agricultural employer's failure to meet a condition specified in subsection 7e71 or an employer's misrepresentation of material facts in a petition under subsection 7e77#b74 7ii7 ,filing ,any aggrieved person or organization1 including bargaining representatives1 may file a complaint referred to in clause 7i7 not later than #a year after the date of the failure or misrepresentation1 respectively4 7iii7 ,investigation or hearing ,the ,secretary of ,labor shall conduct an investigation if there is reasonable cause to believe that such failure or misrepresentation has occurred4 7,b7 ,determination on complaint ,under such process1 the ,secretary of ,labor shall provide1 not later than #cj days after the date on which such a complaint is filed1 for a determination as to whether or not a reasonable basis exists to make a finding described in subparagraph 7,c71 7,d71 7,e71 or 7,f74 ,if the ,secretary of ,labor determines that such a reasonable basis exists1 the ,secretary of ,labor shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint1 in accordance with section #eef of title #e1 ,united ,states ,code1 within #fj days after the date of the determination4 ,if such a hearing is requested1 the ,secretary of ,labor shall make a finding concerning the matter not later than #fj days after the date of the hearing4 ,in the case of similar complaints respecting the same applicant1 the ,secretary of ,labor may consolidate the hearings under this subparagraph on such complaints4 7,c7 ,failure to meet conditions ,if the ,secretary of ,labor finds1 after notice and opportunity for a hearing1 a failure to meet a condition under subsection 7e7 or 7f71 or a material misrepresentation of fact in a petition under subsection 7e77#b7-- 7i7 the ,secretary of ,labor shall notify the ,secretary of such finding and may1 in addition1 impose such other administrative remedies 7including civil money penalties in an amount not to exceed #a1jjj per violation7 as the ,secretary of ,labor determines to be appropriate2 and 7ii7 the ,secretary may disqualify the designated agricultural employer from the employment of nonimmigrant agricultural workers for a period of #a year4 7,d7 ,willful failures and willful misrepresentations ,if the ,secretary of ,labor finds1 after notice and opportunity for hearing1 a willful failure to meet a condition under subsection 7e7 or 7f7 or a willful misrepresentation of a material fact in an registration or petition under paragraph 7#a7 or 7#b7 of subsection 7e7-- 7i7 the ,secretary of ,labor shall notify the ,secretary of such finding and may1 in addition1 impose such other administrative remedies 7including civil money penalties in an amount not to exceed #e1jjj per violation7 as the ,secretary of ,labor determines to be appropriate2 7ii7 the ,secretary of ,labor may seek appropriate legal or equitable relief2 and 7iii7 the ,secretary may disqualify the designated agricultural employer from the employment of nonimmigrant agricultural workers for a period of #b years4 7,e7 ,displacement of united states workers ,if the ,secretary of ,labor finds1 after notice and opportunity for hearing1 a willful failure to meet a condition under subsection 7e7 or 7f7 or a willful misrepresentation of a material fact in an registration or petition under paragraph 7#a7 or 7#b7 of subsection 7e71 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 7e77#b7 or during the period of #cj days preceding such period of employment-- 7i7 the ,secretary of ,labor shall notify the ,secretary of such finding and may1 in addition1 impose such other administrative remedies 7including civil money penalties in an amount not to exceed #ae1jjj per violation7 as the ,secretary of ,labor determines to be appropriate2 and 7ii7 the ,secretary may disqualify the employer from the employment of nonimmigrant agricultural workers for a period of #c years4 7,f7 ,failures to pay wages or required benefits ,if the ,secretary of ,labor finds1 after notice and opportunity for a hearing1 that the employer has failed to pay the wages1 or provide the housing allowance1 transportation1 subsistence reimbursement1 or guarantee of employment required under subsections 7e77#d7 and 7f71 the ,secretary of ,labor shall assess payment of back wages1 or other required benefits1 due any ,united ,states worker or nonimmigrant agricultural worker employed by the employer in the specific employment in question4 ,the back wages or other required benefits required under subsections 7e7 and 7f7 shall be equal to the difference between the amount that should have been paid and the amount that actually was paid to such worker4 7,g7 ,disposition of penalties ,civil penalties collected under this paragraph shall be deposited into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7#b7 ,limitations on civil money penalties ,the ,secretary of ,labor shall not impose total civil money penalties with respect to a petition under subsection 7e77#b7 in excess of #ij1jjj4 7#c7 ,election ,a nonimmigrant agricultural worker who has filed an administrative complaint with the ,secretary of ,labor may not maintain a civil action unless a complaint based on the same violation filed with the ,secretary of ,labor under paragraph 7#a7 is withdrawn before the filing of such action1 in which case the rights and remedies available under this subsection shall be exclusive4 7#d7 ,preclusive effect ,any settlement by a nonimmigrant agricultural worker1 a designated agricultural employer1 or any person reached through the mediation process required under subsection 7g77#b77;,c7 shall preclude any right of action arising out of the same facts between the parties in any ,federal or ,state court or administrative proceeding1 unless specifically provided otherwise in the settlement agreement4 7#e7 ,settlements ,any settlement by the ,secretary of ,labor with 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 proceeding1 unless specifically provided otherwise in the settlement agreement4 7#f7 ,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 law1 including any law affecting migrant and seasonal agricultural workers1 or1 in the absence of a complaint under this section4 7#g7 ,discrimination prohibited ,it is a violation of this subsection for any person who has filed a petition under subsection 7e7 or 7f7 to intimidate1 threaten1 restrain1 coerce1 blacklist1 discharge1 or in any other manner discriminate against an employee1 including a former employee or an applicant for employment1 because the employee-- 7,a7 has disclosed information to the employer1 or to any other person1 that the employee reasonably believes evidences a violation of subsection 7e7 or 7f71 or any rule or regulation relating to subsection 7e7 or 7f72 or 7,b7 cooperates or seeks to cooperate in an investigation or other proceeding concerning the employer's compliance with the requirements under subsection 7e7 or 7f7 or any rule or regulation pertaining to subsection 7e7 or 7f74 7#h7 ,role of associations 7,a7 ,violation by a member of an association 7i7 ,in general ,if an association acting as the agent of an employer files an application on behalf of such employer1 the employer is fully responsible for such application1 and for complying with the terms and conditions of subsection 7e74 ,if such an employer is determined to have violated any requirement described in this subsection1 the penalty for such violation shall apply only to that employer except as provided in clause 7ii74 7ii7 ,collective responsibility ,if the ,secretary of ,labor determines that the association or other members of the association participated in1 had knowledge of1 or reason to know of a violation described in clause 7i71 the penalty shall also be invoked against the association and complicit association members4 7,b7 ,violations by an association acting as an employer 7i7 ,in general ,if an association filing an application as a sole or joint employer is determined to have violated any requirement described in this section1 the penalty for such violation shall apply only to the association except as provided in clause 7ii74 7ii7 ,member responsibility ,if the ,secretary of ,labor determines that #a or more association members participated in1 had knowledge of1 or reason to know of the violation described in clause 7i71 the penalty shall be invoked against all complicit association members4 7i7 ,special nonimmigrant visa processing and wage determination procedures for certain agricultural occupations 7#a7 ,finding ,certain industries possess unique occupational characteristics that necessitate the ,secretary of ,agriculture to adopt special procedures relating to housing1 pay1 and visa program application requirements for those industries4 7#b7 ,special procedures industry defined ,in this subsection1 the term ,special ,procedures ,industry means-- 7,a7 sheepherding and goat herding2 7,b7 itinerant commercial beekeeping and pollination2 7,c7 open range production of livestock2 7,d7 itinerant animal shearing2 and 7,e7 custom combining industries4 7#c7 ,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 provide1 as part of its registration or petition under the ,program1 a list of anticipated work locations1 which-- 7,a7 may include an anticipated itinerary2 and 7,b7 may be subsequently amended by the employer1 after notice to the ,secretary4 7#d7 ,wage rates ,the ,secretary may establish monthly1 weekly1 or biweekly wage rates for occupations in a ,special ,procedures ,industry for a ,state or other geographic area4 ,for an employer in those ,special ,procedures ,industries that typically pay a monthly wage1 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 the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act and in an amount as re-determined annually by the ,secretary of ,agriculture through rulemaking4 7#e7 ,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 locations4 7#f7 ,allergy limitation ,an employer engaged in the commercial beekeeping or pollination services industry may require that an applicant be free from bee pollen1 venom1 or other bee-related allergies4 7#g7 ,application ,an individual employer in a ,special ,procedures ,industry may file a program petition on its own behalf or in conjunction with an association of employers4 ,the employer's petition may be part of several related petitions submitted simultaneously that constitute a master petition4 7#h7 ,rulemaking ,the ,secretary or1 as appropriate1 the ,secretary of ,homeland ,security or the ,secretary of ,labor1 after consultation with employers and employee representatives1 shall publish for notice and comment proposed regulations relating to housing1 pay1 and application procedures for ,special ,procedures ,industries4 7j7 ,miscellaneous provisions 7#a7 ,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 7whether through grant1 loan1 guarantee1 or otherwise7 on the basis of financial need1 as such programs are identified by the ,secretary in consultation with other agencies of the ,united ,states4 7#b7 ,monitoring requirement 7,a7 ,in general ,the ,secretary shall monitor the movement of nonimmigrant agricultural workers through-- 7i7 the ,employment ,verification ,system described in section #bgd;,a7b72 and 7ii7 the electronic monitoring system established pursuant to subparagraph 7,b74 7,b7 ,electronic monitoring system ,not later than #b years after the effective date of this section1 the ,secretary of ,homeland ,security1 through the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 shall establish an electronic monitoring system1 which shall-- 7i7 be modeled on the ,student and ,exchange ,visitor ,information ,system 7,,sevis7 and the ,,sevis ,,ii tracking system administered by ,u4,s4 ,immigration and ,customs ,enforcement2 7ii7 monitor the presence and employment of nonimmigrant agricultural workers2 and 7iii7 assist in ensuring the compliance of designated agricultural employers and nonimmigrant agricultural workers with the requirements of the ,program4 4 7b7 ,rulemaking ,the ,secretary of ,agriculture shall issue regulations to carry out section #bah;,a of the ,immigration and ,nationality ,act1 as added by subsection 7a71 not later than #a year after the date of the enactment of this ,act4 7c7 ,clerical amendment ,the table of contents is amended by inserting after the item relating to section #bah the following3 ,sec4 #bah;,a4 ,nonimmigrant agricultural worker program4 4 7d7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjad4 #bbcc4 ,transition of ,h-#b;,a ,worker ,program 7a7 ,sunset of program 7#a7 ,in general ,except as provided in paragraph 7#b71 an employer may not petition to employ an alien pursuant to section #aja7;a77#ae77;,h77ii77a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77a77 after the date that is #a year after the date on which the regulations issued pursuant to section #bbda7;b7 become effective4 7#b7 ,exception ,an employer may employ an alien described in paragraph 7#a7 for the shorter of-- 7,a7 #aj months2 or 7,b7 the time specified in the position4 7b7 ,conforming amendments 7#a7 ,repeal of ,h-#b;,a nonimmigrant category ,section #aja7;a77#ae77;,h77ii7 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77 is amended by striking subclause 7a74 7#b7 ,repeal of admission requirements for ,h-#b;,a worker ,section #bah 7#h ,u4,s4,c4 #aahh7 is repealed4 7#c7 ,conforming amendments 7,a7 ,amendment of petition requirements ,section #bad7;c77#a7 7#h ,u4,s4,c4 #aahd7;c77#a77 is amended by striking ,for purposes of this subsection and all that follows4 7,b7 ,clerical amendment ,the table of contents is amended by striking the item relating to section #bah4 7#d7 ,effective date ,the amendments made by this subsection shall take effect on the date that is #a year after the effective date of the regulations issued pursuant to section #bbda7;b74 #bbcd4 ,reports to ,congress on nonimmigrant agricultural workers 7a7 ,annual report by ,secretary of ,agriculture ,not later than ,september #cj of each year1 the ,secretary of ,agriculture shall submit a report to ,congress that identifies1 for the previous year1 the number1 disaggregated by ,state and by occupation1 of-- 7#a7 job opportunities approved for employment of aliens admitted pursuant to clause 7iii7 or clause 7iv7 of section #aja7;a77#ae77,w7 of the ,immigration and ,nationality ,act1 as added by section #bbca2 and 7#b7 aliens actually admitted pursuant to each such clause4 7b7 ,annual report by ,secretary of ,homeland ,security ,not later than ,september #cj of each year1 the ,secretary shall submit a report to ,congress that identifies1 for the previous year1 the number of aliens described in subsection 7a77#b7 who-- 7#a7 violated the terms of the nonimmigrant agricultural worker program established under section #bah;,a7b7 of the ,immigration and ,nationality ,act1 as added by section #bbcb2 and 7#b7 have not departed from the ,united ,states4 #c ,other provisions #bbda4 ,rulemaking 7a7 ,consultation requirement ,in the course of promulgating any regulation necessary to implement this subtitle1 or the amendments made by this subtitle1 the ,secretary1 the ,secretary of ,agriculture1 the ,secretary of ,labor1 and the ,secretary of ,state shall regularly consult with each other4 7b7 ,deadline for issuance of regulations ,except as provided in section #bbcb7;b71 all regulations to implement this subtitle and the amendments made by this subtitle shall be issued not later than #f months after the date of the enactment of this ,act4 #bbdb4 ,reports to ,congress ,not later than #ahj days after the date of the enactment of this ,act1 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 subtitle4 #bbdc4 ,benefits integrity programs 7a7 ,in general ,without regard to whether personal interviews are conducted in the adjudication of benefits provided for by section #baj;,a1 #bah;,a1 #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f of the ,immigration and ,nationality ,act1 or in seeking a benefit under section #aja7;a77#ae77,u7 of the ,immigration and ,nationality ,act1 section #abdb of the ,refugee ,crisis in ,iraq ,act of #bjjg 7#h ,u4,s4,c4 #aaeg note71 section #fjb7;b7 of the ,afghan ,allies ,protection ,act of #bjji 7#h ,u4,s4,c4 #aaja note71 or section #bbaa of this ,act1 the ,secretary shall uphold and maintain the integrity of those benefits by carrying out for each of them1 within the ,fraud ,detection and ,national ,security ,directorate of ,u4,s4 ,citizenship and ,immigration ,services1 programs as follows3 7#a7 ,a benefit fraud assessment program to quantify fraud rates1 detect ongoing fraud trends1 and develop appropriate countermeasures1 including through a random sample of both pending and completed cases4 7#b7 ,a compliance review program1 including site visits1 to identify frauds and deter fraudulent and illegal activities4 7b7 ,reports 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 ,u4,s4 ,citizenship and ,immigration ,services shall annually submit to ,congress a report on the programs carried out pursuant to subsection 7a74 7#b7 ,elements in first report ,the initial report submitted under paragraph 7#a7 shall include the methodologies to be used by the ,fraud ,detection and ,national ,security ,directorate for each of the programs specified in paragraphs 7#a7 and 7#b7 of subsection 7a74 7#c7 ,elements in subsequent reports ,each subsequent report under paragraph 7#a7 shall include1 for the calendar year covered by such report1 a descriptions of examples of fraud detected1 fraud rates for programs and types of applicants1 and a description of the disposition of the cases in which fraud was detected or suspected4 7c7 ,use of findings of fraud ,any instance of fraud or abuse detected pursuant to a program carried out pursuant to subsection 7a7 may be used to deny or revoke benefits1 and may also be referred to ,u4,s4 ,immigration and ,customs ,enforcement for investigation of criminal violations of section #bff of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acjf74 7d7 ,funding ,there are authorized to be appropriated1 from the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a71 such sums as may be necessary to carry out this section4 #bbdd4 ,effective date ,this subtitle and the amendments made by this subtitle1 except for sections #bbca1 #bbcb1 and #bbcc1 shall take effect on the date on which the regulations required under section #bbda are issued1 regardless of whether such regulations are issued on an interim basis or on any other basis4 ,c ,future immigration #bcja4 ,merit-based points track one 7a7 ,in general 7#a7 ,worldwide level of merit-based immigrants ,section #bja7;e7 7#h ,u4,s4,c4 #aaea7;e77 is amended to read as follows3 7e7 ,worldwide level of merit-based immigrants 7#a7 ,in general 7,a7 ,numerical limitation ,subject to paragraphs 7#b71 7#c71 and 7#d71 the worldwide level of merit-based immigrants is equal to #abj1jjj for each fiscal year4 7,b7 ,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 residence4 7#b7 ,annual increase 7,a7 ,in general ,subject to subparagraph 7,b7 and paragraph 7#c71 if in any fiscal year the worldwide level of visas available for merit-based immigrants under this section-- 7i7 is less than #ge percent of the number of applicants for such fiscal year1 the worldwide level shall increase by #e percent for the next fiscal year2 and 7ii7 is equal to or more than #ge percent of such number1 the worldwide level for the next fiscal year shall be the same as the worldwide level for such fiscal year1 minus any amount added to the worldwide level for such fiscal year under paragraph 7#d74 7,b7 ,limitation on increase ,the worldwide level of visas available for merit-based immigrants shall not exceed #bej1jjj4 7#c7 ,employment consideration ,the worldwide level of visas available for merit-based immigrants may not be increased for a fiscal year under paragraph 7#b7 if the annual average unemployment rate for the civilian labor force #ah years or over in the ,united ,states1 as determined by the ,bureau of ,labor ,statistics1 for such previous fiscal year is more than #ha_/b percent4 7#d7 ,recapture of unused visas ,the worldwide level of merit-based immigrants described in paragraph 7#a7 for a fiscal year shall be increased by the difference 7if any7 between the worldwide level established under paragraph 7#a7 for the previous fiscal year and the number of visas actually issued under this subsection during that fiscal year4 ,such visas shall be allocated for the following year pursuant to section #bjc7;c77#c74 4 7#b7 ,merit-based immigrants ,section #bjc 7#h ,u4,s4,c4 #aaec7 is amended by inserting after subsection 7b7 the following3 7c7 ,merit-based immigrants 7#a7 ,fiscal years #bjae through #bjag ,during each of the fiscal years #bjae through #bjag1 the worldwide level of merit-based immigrant visas made available under section #bja7;e77#a7 shall be available for aliens described in section #bjc7;b77#c7 and in addition to any visas available for such aliens under such section4 7#b7 ,subsequent fiscal years ,during fiscal year #bjah and each subsequent fiscal year1 aliens subject to the worldwide level specified in section #bja7;e7 for merit-based immigrants shall be allocated as follows3 7,a7 #ej percent shall be available to applicants with the highest number of points allocated under tier #a in paragraph 7#d74 7,b7 #ej percent shall be available to applicants with the highest number of points allocated under tier #b in paragraph 7#e74 7#c7 ,unused visas ,if the total number of visas allocated to tier #a or tier #b for a fiscal year are not granted during that fiscal year1 such number may be added to the number of visas available under section #bja7;e77#a7 for the following fiscal year and allocated as follows3 7,a7 ,if the unused visas were allocated for tier #a in a fiscal year1 #b_/c of such visas shall be available for aliens allocated visas under tier #a in the following fiscal year and #a_/c of such visas shall be available for aliens allocated visas under either tier #a or tier #b in the following fiscal year4 7,b7 ,if the unused visas were allocated for tier #b in a fiscal year1 #b_/c of such visas shall be available for aliens allocated visas under tier #b in the following fiscal year and #a_/c of such visas shall be available for aliens allocated visas under either tier #a or tier #b in the following fiscal year4 7#d7 ,tier #a ,the ,secretary shall allocate points to each alien seeking to be a tier #a merit-based immigrant as follows3 7,a7 ,education 7i7 ,in general ,an alien may receive points under only #a of the following categories3 7,i7 ,an alien who has received a doctorate degree from an institution of higher education in the ,united ,states or the foreign equivalent shall be allocated #ae points4 7,,ii7 ,an alien who has received a master's degree from an institution of higher education in the ,united ,states or the foreign equivalent shall be allocated #aj points4 7ii7 ,an alien who has received a bachelor's degree from an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a777 shall be allocated #e points4 7,b7 ,employment experience ,an alien shall be allocated not more than #bj points as follows3 7i7 #c points for each year the alien has been lawfully employed in a zone #e occupation in the ,united ,states4 7ii7 #b points for each year the alien has been lawfully employed in a zone #d occupation in the ,united ,states4 7,c7 ,employment related to education ,an alien who is 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-- 7i7 in a zone #e occupation shall be allocated #aj points2 or 7ii7 in a zone #d occupation shall be allocated #h points4 7,d7 ,entrepreneurship ,an alien who is an entrepreneur in business that employs at least #b employees in a zone #d occupation or a zone #e occupation shall be allocated #aj points4 7,e7 ,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 tier #a occupation shall be allocated #aj points4 7,f7 ,civic involvement ,an alien who has attested that he or she has engaged in a significant amount of community service1 as determined by the ,secretary1 shall be allocated #b points4 7,g7 ,english language ,an alien who received a score of #hj or more on the ,test of ,english as a ,foreign ,language1 or an equivalent score on a similar test1 as determined by the ,secretary1 shall be allocated #aj points4 7,h7 ,siblings and married sons and daughters of citizens ,an alien who is the sibling of a citizen of the ,united ,states or who is over #ca years of age and is the married son or married daughter of a citizen of the ,united ,states shall be allocated #aj points4 7,i7 ,age ,an alien who is-- 7i7 between #ah and #bd years of age shall be allocated #h points2 7ii7 between #be and #cb years of age shall be allocated #f points2 or 7iii7 between #cc and #cg years of age shall be allocated #d points4 7,j7 ,country of origin ,an alien who is a national of a country of which fewer than #ej1jjj nationals were lawfully admitted to permanent residence in the ,united ,states in the previous #e years shall be allocated #e points4 7#e7 ,tier #b ,the ,secretary shall allocate points to each alien seeking to be a tier #b merit-based immigrant as follows3 7,a7 ,employment experience ,an alien shall be allocated #b points for each year the alien has been lawfully employed in the ,united ,states1 for a total of not more than #bj points4 7,b7 ,special employment criteria ,an alien who is employed full-time in the ,united ,states1 or has an offer of full-time employment-- 7i7 in a high demand tier #b occupation shall be allocated #aj points2 or 7ii7 in a zone #a1 zone #b1 or zone #c occupation shall be allocated #aj points4 7,c7 ,caregiver ,an alien who is or has been a primary caregiver shall be allocated #aj points4 7,d7 ,exceptional employment record ,an alien who has a record of exceptional employment1 as determined by the ,secretary1 shall be allocated #aj points4 ,in determining a record of exceptional employment1 the ,secretary shall consider factors including promotions1 longevity1 changes in occupations from a lower job zone to a higher job zone1 participated in safety training1 and increases in pay4 7,e7 ,civic involvement ,an alien who has demonstrated significant civic involvement shall be allocated #b points4 7,f7 ,english language 7i7 ,english proficiency ,an alien who has demonstrated ,english proficiency1 as determined by a standardized test designated by the ,secretary of ,education1 shall be allocated #aj points4 7ii7 ,english knowledge ,an alien who has demonstrated ,english knowledge1 as determined by a standardized test designated by the ,secretary of ,education1 shall be allocated #e points4 7,g7 ,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 #ca and is the married son or married daughter of a citizen of the ,united ,states shall be allocated #aj points4 7,h7 ,age ,an alien who is-- 7i7 between #ah and #bd years of age shall be allocated #h points2 7ii7 between #be and #cb years of age shall be allocated #f points2 or 7iii7 between #cc and #cg years of age shall be allocated #d points4 7,i7 ,country of origin ,an alien who is a national of a country of which fewer than #ej1jjj nationals were lawfully admitted to permanent residence in the ,united ,states in the previous #e years shall be allocated #e points4 7#f7 ,application procedures 7,a7 ,submission ,during the #cj-;day period beginning on the first ,october #a occurring at least #c years after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 and during each #cj-;day period beginning on ,october #a in subsequent years1 eligible aliens may submit1 to ,u4,s4 ,citizenship and ,immigration ,services1 an application for a merit-based immigrant visa that contains such information as the ,secretary may reasonably require4 7,b7 ,adjudication ,before the last day of each fiscal year in which applications are filed pursuant to subparagraph 7,a71 the ,director1 ,u4,s4 ,citizenship and ,immigration ,services1 shall-- 7i7 review the applications to determine which aliens will be granted a merit-based immigrant visa in the following fiscal year in accordance with this subsection2 and 7ii7 in coordination with the ,secretary of ,state1 provide such visas to all successful applicants4 7,c7 ,fee ,an alien who is allocated a visa under this subsection shall pay a fee of #a1ejj in addition to any fee assessed to cover the costs to process an application under this subsection4 ,fees collected under this paragraph shall be deposited by the ,secretary into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7#g7 ,eligibility of aliens in registered provisional immigrant status ,an alien who was granted registered provisional immigrant status under section #bde;,b is not eligible to receive a merit-based immigrant visa under section #bja7;e74 7#h7 ,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 #bja may not apply for a merit-based immigrant visa4 7#i7 ,definitions ,in this subsection3 7,a7 ,high demand tier #a occupation ,the term high demand tier #a occupation means #a of the #e occupations for which the highest number of nonimmigrants described in section #aja7;a77#ae77;,h77i7 were sought to be admitted by employers during the previous fiscal year4 7,b7 ,high demand tier #b occupation ,the term high demand tier #b occupation means #a of the #e occupations for which the highest number of positions were sought to become registered positions by employers under section #bbj7;e7 during the previous fiscal year4 7,c7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7,d7 ,zone #a occupation ,the term zone #a occupation means an occupation that requires little or no preparation and is classified as a zone #a occupation on-- 7i7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 or 7ii7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after such date of enactment4 7,e7 ,zone #b occupation ,the term zone #b occupation means an occupation that requires some preparation and is classified as a zone #b occupation on-- 7i7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 or 7ii7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after such date of enactment4 7,f7 ,zone #c occupation ,the term zone #c occupation means an occupation that requires medium preparation and is classified as a zone #c occupation on-- 7i7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 or 7ii7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after such date of enactment4 7,g7 ,zone #d occupation ,the term zone #d occupation means an occupation that requires considerable preparation and is classified as a zone #d occupation on-- 7i7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of the,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 or 7ii7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after such date of enactment4 7,h7 ,zone #e occupation ,the term zone #e occupation means an occupation that requires extensive preparation and is classified as a zone #e occupation on-- 7i7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 or 7ii7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after such date of enactment4 4 7#c7 ,,gao study and report 7,a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study of the merit-based immigration system established under section #bjc7;c7 of the ,immigration and ,nationality ,act1 as amended by paragraph 7#b71 to determine1 during the first #g years of such system-- 7i7 how the points described in paragraphs 7#d77;,h71 7#d77;,j71 7#e77;,g71 and 7#e77;,i7 of section #bjc7;c7 of such ,act were utilized2 7ii7 how many of the points allocated to people lawfully admitted for permanent residence were allocated under such paragraphs2 7iii7 how many people who were allocated points under such paragraphs were not lawfully admitted to permanent residence2 7iv7 the countries of origin of the people who applied for a merit-based visa under section #bjc7;c7 of such ,act2 7v7 the number of such visas issued under tier #a and tier #b to males and females1 respectively2 7vi7 the age of individuals who were issued such visas2 and 7vii7 the educational attainment and occupation of people who were issued such visas4 7,b7 ,report ,not later than #g years after the date of the enactment of this ,act1 the ,comptroller ,general shall submit a report to ,congress that describes the results of the study conducted pursuant to subparagraph 7,a74 7b7 ,modification of points ,the ,secretary may submit to ,congress a proposal to modify the number of points allocated under subsection 7c7 of section #bjc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec71 as amended by subsection 7a74 7c7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjad4 #bcjb4 ,merit-based track two 7a7 ,in general ,in addition to any immigrant visa made available under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 as amended by this ,act1 the ,secretary of ,state shall allocate merit-based immigrant visas as described in this section4 7b7 ,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 7as that term is defined in section #aja7;a77#bj7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bj7774 7c7 ,eligibility ,beginning on ,october #a1 #bjad1 the following aliens shall be eligible for merit-based immigrant visas under this section3 7#a7 ,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 #bjc7;b7 of the ,immigration and ,nationality ,act1 if the visa has not been issued within #e years after the date on which such petition was filed4 7#b7 ,family-sponsored immigrants ,subject to subsection 7d71 an alien who is the beneficiary of a petition filed to accord status under section #bjc7;a7 of the ,immigration and ,nationality ,act-- 7,a7 prior to the date of the enactment of this ,act1 if the visa was not issued within #e years after the date on which such petition was filed2 or 7,b7 after such date of enactment1 to accord status under paragraph 7#c7 or 7#d7 of section #bjc7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;a771 as in effect the minute before the effective date specified in section #bcjg7;a77#c7 of this ,act1 and the visa was not issued within #e years after the date on which petition was filed4 7#c7 ,long-term alien workers and other merit-based immigrants ,an alien who-- 7,a7 is not admitted pursuant to subparagraph 7,w7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae772 and 7,b7 has been lawfully present in the ,united ,states in a status that allows for employment authorization for a continuous period1 not counting brief1 casual1 and innocent absences1 of not less than #aj years4 7d7 ,allocation of employment-sponsored merit-based immigrant visas ,in each of the fiscal years #bjae through and including #bjba1 the ,secretary of ,state shall allocate to aliens described in subsection 7c77#a7 a number of merit-based immigrant visas equal to #a_/g of the number of aliens described in subsection 7c77#a7 whose visas had not been issued as of the date of the enactment of this ,act4 7e7 ,allocation of family-sponsored merit-based immigrant visas ,the visas authorized by subsection 7c77#b7 shall be allocated as follows3 7#a7 ,spouses and children of permanent residents ,petitions to accord status under section #bjc7;a77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;a77#b77;,a771 as in effect the minute before the effective date specified in section #bcjg7;a77#c7 of this ,act1 are automatically converted to petitions to accord status to the same beneficiaries as immediate relatives under section #bja7;b77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;b77#b77;,a774 7#b7 ,other family members ,in each of the fiscal years #bjae through and including #bjba1 the ,secretary of ,state shall allocate to the aliens described in subsection 7c77#b77;,a71 other than those aliens described in paragraph 7#a71 a number of transitional merit-based immigrant visas equal to #a_/g of the difference between-- 7,a7 the number of aliens described in subsection 7c77#b77;,a7 whose visas had not been issued as of the date of the enactment of this ,act2 and 7,b7 the number of aliens described in paragraph 7#a74 7#c7 ,order of issuance for previously filed applications ,subject to paragraphs 7#a7 and 7#b71 the visas authorized by subsection 7c77#b77;,a7 shall be issued without regard to a per country limitation in the order described in section #bjc7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;a771 as amended by section #bcje7;b71 in the order in which the petitions to accord status under such section #bjc7;a7 were filed prior to the date of the enactment of this ,act4 7#d7 ,subsequently filed applications ,in fiscal year #bjbb1 the ,secretary of ,state shall allocate to the aliens described in subsection 7c77#b77;,b71 the number of merit-based immigrant visas equal to #a_/b of the number of aliens described in subsection 7c77#b77;,b7 whose visas had not been issued by ,october #a1 #bjba4 ,in fiscal year #bjbc1 the ,secretary of ,state shall allocate to the aliens described in subsection 7c77#b77;,b71 the number of merit-based immigrant visas equal to the number of aliens described in subsection 7c77#b77;,b7 whose visas had not been issued by ,october #a1 #bjbb4 7#e7 ,order of issuance for subsequently filed applications ,subject to paragraph 7#d71 the visas authorized by subsection 7c77#b77;,b7 shall be issued in the order in which the petitions to accord status under section #bjc7;a7 of the ,immigration and ,nationality ,act were filed1 as in effect the minute before the effective date specified in section #bcjg7;a77#c7 of this ,act4 7f7 ,applicability of certain grounds of inadmissibility ,in determining an alien's inadmissibility under this section1 section #bab7;a77#i77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i77;,b77 shall not apply4 7g7 ,eligibility in years after #bjbh ,beginning in fiscal year #bjbi1 aliens eligible for adjustment of status under subsection 7c77#c7 must be lawfully present in an employment authorized status for #bj years prior to filing an application for adjustment of status4 #bcjc4 ,repeal of the diversity visa program 7a7 ,in general ,title ,,ii 7#h ,u4,s4,c4 #aaea et seq47 is amended-- 7#a7 in section #bja7;a7 7#h ,u4,s4,c4 #aaea7;a77-- 7,a7 in paragraph 7#a71 by adding and at the end2 7,b7 in paragraph 7#b71 by striking 2 and at the end and inserting a period2 and 7,c7 by striking paragraph 7#c72 7#b7 in section #bjc 7#h ,u4,s4,c4 #aaec7-- 7,a7 by striking subsection 7c72 7,b7 in subsection 7e7-- 7i7 by striking paragraph 7#b72 and 7ii7 by redesignating paragraph 7#c7 as paragraph 7#b72 7,c7 in subsection 7f71 by striking 7a71 7b71 or 7c7 of this section and inserting 7a7 or 7b72 and 7,d7 in subsection 7g71 by striking 7a71 7b71 and 7c7 and inserting 7a7 and 7b72 and 7#c7 in section #bjd 7#h ,u4,s4,c4 #aaed7-- 7,a7 in subsection 7a71 as amended by section #bcje7;d77#f77;,a77i71 by striking paragraph 7#h72 and 7,b7 in subsection 7e71 by striking 7a71 7b71 or 7c7 and inserting 7a7 or 7b74 7b7 ,effective date and application 7#a7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjad4 7#b7 ,application ,an alien who receives a notification from the ,secretary that the alien was selected to receive a diversity immigrant visa under section #bjc7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;c77 for fiscal year #bjac or fiscal year #bjad shall remain eligible to receive such visa under the rules of such section1 as in effect on ,september #cj1 #bjad4 ,no alien may be allocated such a diversity immigrant visa for a fiscal year after fiscal year #bjae4 #bcjd4 ,worldwide levels and recapture of unused immigrant visas 7a7 ,employment-based immigrants ,section #bja7;d7 7#h ,u4,s4,c4 #aaea7;d77 is amended to read as follows3 7d7 ,worldwide level of employment-based immigrants 7#a7 ,in general 7,a7 ,worldwide level ,for a fiscal year after fiscal year #bjae1 the worldwide level of employment-based immigrants under this subsection is equal to the sum of-- 7i7 #adj1jjj2 and 7ii7 the number computed under paragraph 7#b74 7,b7 ,fiscal year #bjae ,for fiscal year #bjae1 the worldwide level of employment-based immigrants under this subsection is equal to the sum of-- 7i7 #adj1jjj2 7ii7 the number computed under paragraph 7#b72 and 7iii7 the number computed under paragraph 7#c74 7#b7 ,previous fiscal year ,the number computed under this paragraph for a fiscal year is the difference1 if any1 between the maximum number of visas which may be issued under section #bjc7;a7 7relating to family-sponsored immigrants7 during the previous fiscal year and the number of visas issued under that section during that year4 7#c7 ,unused visas ,the number computed under this paragraph is the difference1 if any1 between-- 7,a7 the sum of the worldwide levels established under paragraph 7#a71 as in effect on the day before the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 for fiscal years #aiib through and including #bjac2 and 7,b7 the number of visas actually issued under section #bjc7;b7 during such fiscal years4 4 7b7 ,family-sponsored immigrants ,section #bja7;c7 7#h ,u4,s4,c4 #aaea7;c77 is amended to read as follows3 7c7 ,worldwide level of family-sponsored immigrants 7#a7 ,in general 7,a7 ,worldwide level ,subject to subparagraph 7,c71 for each fiscal year after fiscal year #bjae1 the worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to the sum of-- 7i7 #dhj1jjj minus the number computed under paragraph 7#b72 and 7ii7 the number computed under paragraph 7#c74 7,b7 ,fiscal year #bjae ,subject to subparagraph 7,c71 for fiscal year #bjae1 the worldwide level of family-sponsored immigrants under this subsection is equal to the sum of-- 7i7 #dhj1jjj minus the number computed under paragraph 7#b72 7ii7 the number computed under paragraph 7#c72 and 7iii7 the number computed under paragraph 7#d74 7,c7 ,limitation ,the number computed under subparagraph 7,a77i7 or 7,b77i7 may not be less than #bbf1jjj1 except that beginning on the date that is #ah months after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 the number computed under subparagraph 7,a77i7 or 7,b77i7 may not be less than #afa1jjj4 7#b7 ,immediate relatives ,the number computed under this paragraph for a fiscal year is the number of aliens described in subparagraph 7,a7 or 7,b7 of subsection 7b77#b7 who were issued immigrant visas1 or who otherwise acquired the status of an alien lawfully admitted to the ,united ,states for permanent residence1 in the previous fiscal year4 7#c7 ,previous fiscal year ,the number computed under this paragraph for a fiscal year is the difference1 if any1 between the maximum number of visas which may be issued under section #bjc7;b7 7relating to employment-based immigrants7 during the previous fiscal year and the number of visas issued under that section during that year4 7#d7 ,unused visas ,the number computed under this paragraph is the difference1 if any1 between-- 7,a7 the sum of the worldwide levels established under paragraph 7#a7 for fiscal years #aiib through and including #bjac2 and 7,b7 the number of visas actually issued under section #bjc7;a7 during such fiscal years4 4 7c7 ,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 ,act4 #bcje4 ,reclassification of spouses and minor children of lawful permanent residents as immediate relatives 7a7 ,immediate relatives ,section #bja7;b77#b7 7#h ,u4,s4,c4 #aaea7;b77#b77 is amended to read as follows3 7#b7 7,a7 ,aliens who are immediate relatives4 7,b7 ,in this paragraph1 the term immediate relative means-- 7i7 a child1 spouse1 or parent of a citizen of the ,united ,states1 except that in the case of such a parent such citizen shall be at least #ba years of age2 7ii7 a child or spouse of an alien lawfully admitted for permanent residence2 7iii7 a child or spouse of an alien described in clause 7i71 who is accompanying or following to join the alien2 7iv7 a child or spouse of an alien described in clause 7ii71 who is accompanying or following to join the alien2 7v7 an alien admitted under section #baa7;a7 on the basis of a prior issuance of a visa to the alien's accompanying parent who is an immediate relative2 and 7vi7 an alien born to an alien lawfully admitted for permanent residence during a temporary visit abroad4 7,c7 ,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 #bjd7;a77#a77;,b71 the alien spouse 7and each child of the alien7 shall remain1 for purposes of this paragraph1 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 remarries4 7,d7 ,an alien who has filed a petition under clause 7iii7 or 7iv7 of section #bjd7;a77#a77;,a7 shall remain1 for purposes of this paragraph1 an immediate relative if the ,united ,states citizen or lawful permanent resident spouse or parent loses ,united ,states citizenship on account of the abuse4 4 7b7 ,allocation of immigrant visas ,section #bjc7;a7 7#h ,u4,s4,c4 #aaec7;a77 is amended-- 7#a7 in paragraph 7#a71 by striking #bc1djj1 and inserting #bj percent of the worldwide level of family-sponsored immigrants under section #bja7;c72 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,unmarried sons and unmarried daughters of permanent resident aliens ,qualified immigrants who are the unmarried sons or unmarried daughters 7but are not the children7 of an alien lawfully admitted for permanent residence shall be allocated visas in a number not to exceed #bj percent of the worldwide level of family-sponsored immigrants under section #bja7;c71 plus any visas not required for the class specified in paragraph 7#a74 2 7#c7 in paragraph 7#c7-- 7,a7 by striking #bc1djj1 and inserting #bj percent of the worldwide level of family-sponsored immigrants under section #bja7;c72 and 7,b7 by striking classes specified in paragraphs 7#a7 and 7#b74 and inserting class specified in paragraph 7#b742 and 7#d7 in paragraph 7#d7-- 7,a7 by striking #fe1jjj1 and inserting #dj percent of the worldwide level of family-sponsored immigrants under section #bja7;c72 and 7,b7 by striking classes specified in paragraphs 7#a7 through 7#c74 and inserting class specified in paragraph 7#c744 7c7 ,termination of registration ,section #bjc7;g7 7#h ,u4,s4,c4 #aaec7;g77 is amended to read as follows3 7g7 ,lists 7#a7 ,in general ,for purposes of carrying out the orderly administration of this title1 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 7a71 7b71 and 7c7 and may rely upon such estimates in authorizing the issuance of visas4 7#b7 ,termination of registration 7,a7 ,information dissemination ,not later than #ahj days after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 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 7,b7 and 7,c71 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 petition4 7,b7 ,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 #bde and who fails to apply to adjust status within #a year following notification to the alien of the availability of an immigrant visa4 7,c7 ,termination for failure to apply ,the ,secretary of ,state shall terminate the registration of any alien not described in subparagraph 7,b7 who fails to apply for an immigrant visa within #a year following notification to the alien of the availability of such visa4 7#c7 ,reinstatement ,the registration of any alien that was terminated under paragraph 7#b7 shall be reinstated if1 within #b years following the date of notification of the availability of such visa1 the alien demonstrates that such failure to apply was due to good cause4 4 7d7 ,technical and conforming amendments 7#a7 ,definitions ,section #aja7;a77#ae77,k77ii7 7#h ,u4,s4,c4 #aaja7;a77#ae77,k77ii77 is amended by striking section #bja7;b77#b77;,a77i7 and inserting section #bja7;b77#b7 7other than clause 7v7 or 7vi7 of subparagraph 7,b774 7#b7 ,per country level ,section #bjb7;a77#a77;,a7 7#h ,u4,s4,c4 #aaeb7;a77#a77;,a77 is amended by striking section #bja7;b77#b77;,a77i7 and inserting section #bja7;b77#b7 7other than clause 7v7 or 7vi7 of subparagraph 7,b774 7#c7 ,rules for determining whether certain aliens are immediate relatives ,section #bja7;f7 7#h ,u4,s4,c4 #aaea7;f77 is amended-- 7,a7 in paragraph 7#a71 by striking paragraphs 7#b7 and 7#c71 and inserting paragraph 7#b712 7,b7 by striking paragraph 7#b72 7,c7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#b7 and 7#c71 respectively2 and 7,d7 in paragraph 7#c71 as redesignated by subparagraph 7,c71 by striking through 7#c7 and inserting and 7#b74 7#d7 ,numerical limitation to any single foreign state ,section #bjb7;a77#d7 7#h ,u4,s4,c4 #aaeb7;a77#d77 is amended-- 7,a7 by striking subparagraphs 7,a7 and 7,b72 7,b7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,a7 and 7,b71 respectively2 and 7,c7 in subparagraph 7,a71 as redesignated by clause 7ii71 by striking section #bjc7;a77#b77;,b7 and inserting section #bjc7;a77#b74 7#e7 ,allocation of immigrant visas ,section #bjc7;h7 7#h ,u4,s4,c4 #aaec7;h77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking subsections 7a77#b77;,a7 and 7d7 and inserting subsection 7d72 7ii7 in subparagraph 7,a71 by striking becomes available for such alien 7or1 in the case of subsection 7d71 the date on which an immigrant visa number became available for the alien's parent71 and inserting became available for the alien's parent12 and 7iii7 in subparagraph 7,b71 by striking applicable2 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,petitions described ,the petition described in this paragraph is a petition filed under section #bjd for classification of the alien's parent under subsection 7a71 7b71 or 7c74 2 and 7,c7 by amending paragraph 7#c7 to read as follows3 7#c7 ,retention of priority date 7,a7 ,petitions filed for children ,for a petition originally filed to classify a child under subsection 7d71 if the age of the alien is determined under paragraph 7#a7 to be #ba 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 petition1 then1 upon the parent's admission to lawful permanent residence in the ,united ,states1 the petition shall automatically be converted to a petition filed by the parent for classification of the alien under subsection 7a77#b7 and the petition shall retain the priority date established by the original petition4 7,b7 ,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 7or the ,secretary of ,state1 if applicable71 unless the filing of the petition was preceded by the filing of a labor certification with the ,secretary of ,labor1 in which case that date shall constitute the priority date4 ,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 filed1 regardless of the category of subsequent petitions4 4 7#f7 ,procedure for granting immigrant status 7,a7 ,petitioning procedure ,section #bjd 7#h ,u4,s4,c4 #aaed7 is amended-- 7i7 by striking subsection 7a7 and inserting the following3 7a7 ,petitioning procedure 7#a7 ,in general 7,a7 ,except as provided in subparagraph 7,h71 any citizen of the ,united ,states or alien lawfully admitted for permanent residence claiming that an alien is entitled to classification by reason of a relationship described in subparagraph 7,a7 or 7,b7 of section #bjc7;a77#a7 or to an immediate relative status under section #bja7;b77#b77;,a7 may file a petition with the ,secretary of ,homeland ,security for such classification4 7,b7 ,an alien spouse or alien child described in section #bja7;b77#b77;,c7 may file a petition with the ,secretary under this paragraph for classification of the alien 7and the alien's children7 under such section4 7,c7 7i7 ,an alien who is described in clause 7ii7 may file a petition with the ,secretary under this subparagraph for classification of the alien 7and any child of the alien7 if the alien demonstrates to the ,secretary that-- 7,i7 the marriage or the intent to marry the citizen of the ,united ,states or lawful permanent resident was entered into in good faith by the alien2 and 7,,ii7 during the marriage or relationship intended by the alien to be legally a marriage1 the alien or a child of the alien has been battered or has been the subject of extreme cruelty perpetrated by the alien's spouse or intended spouse4 7ii7 ,for purposes of clause 7i71 an alien described in this clause is an alien-- 7,i7 7aa7 who is the spouse of a citizen of the ,united ,states or lawful permanent resident2 7bb7 who believed that he or she had married a citizen of the ,united ,states or lawful permanent resident and with whom a marriage ceremony was actually performed and who otherwise meets any applicable requirements under this ,act to establish the existence of and bona fides of a marriage1 but whose marriage is not legitimate solely because of the bigamy of such citizen of the ,united ,states or lawful permanent resident2 or 7cc7 who was a bona fide spouse of a citizen of the ,united ,states or a lawful permanent resident within the past #b years and-- 7,,aa7 whose spouse died within the past #b years2 7,,bb7 whose spouse renounced citizenship status or renounced or lost status as a lawful permanent resident within the past #b years related to an incident of domestic violence2 or 7,,cc7 who demonstrates a connection between the legal termination of the marriage within the past #b years and battering or extreme cruelty by a spouse who is a citizen of the ,united ,states or a lawful permanent resident spouse2 7,,ii7 who is a person of good moral character2 7,,iii7 who is eligible to be classified as an immediate relative under section #bja7;b77#b77;,a7 or who would have been so classified but for the bigamy of the citizen of the ,united ,states that the alien intended to marry2 and 7,,iv7 who has resided with the alien's spouse or intended spouse4 7,d7 ,an alien who is the child of a citizen or lawful permanent resident of the ,united ,states1 or who was a child of a ,united ,states citizen or lawful permanent resident parent who within the past #b years lost or renounced citizenship status related to an incident of domestic violence1 and who is a person of good moral character1 who is eligible to be classified as an immediate relative under section #bja7;b77#b77;,a71 and who resides1 or has resided in the past1 with the citizen or lawful permanent resident parent may file a petition with the ,secretary of ,homeland ,security under this paragraph for classification of the alien 7and any child of the alien7 under such section if the alien demonstrates to the ,secretary that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's citizen or lawful permanent resident parent4 ,for purposes of this subparagraph1 residence includes any period of visitation4 7,e7 ,an alien who-- 7i7 is the spouse1 intended spouse1 or child living abroad of a citizen or lawful permanent resident who-- 7,i7 is an employee of the ,united ,states ,government2 7,,ii7 is a member of the uniformed services 7as defined in section #aja7;a7 of title #aj1 ,united ,states ,code72 or 7,,iii7 has subjected the alien or the alien's child to battery or extreme cruelty in the ,united ,states2 and 7ii7 is eligible to file a petition under subparagraph 7,c7 or 7,d71 shall file such petition with the ,secretary of ,homeland ,security under the procedures that apply to self-petitioners under subparagraph 7,c7 or 7,d71 as applicable4 7,f7 ,for the purposes of any petition filed under subparagraph 7,c7 or 7,d71 the denaturalization1 loss or renunciation of citizenship or lawful permanent resident status1 death of the abuser1 divorce1 or changes to the abuser's citizenship or lawful permanent resident status after filing of the petition shall not adversely affect the approval of the petition1 and for approved petitions shall not preclude the classification of the eligible self-petitioning spouse or child as an immediate relative or affect the alien's ability to adjust status under subsections 7a7 and 7c7 of section #bde or obtain status as a lawful permanent resident based on the approved self-petition under such clauses4 7,g7 ,an alien may file a petition with the ,secretary of ,homeland ,security under this paragraph for classification of the alien under section #bja7;b77#b77;,a7 if the alien-- 7i7 is the parent of a citizen of the ,united ,states or was a parent of a citizen of the ,united ,states who1 within the past #b years1 lost or renounced citizenship status related to an incident of domestic violence or died2 7ii7 is a person of good moral character2 7iii7 is eligible to be classified as an immediate relative under section #bja7;b77#b77;,a72 7iv7 resides1 or has resided1 with the citizen daughter or son2 and 7v7 demonstrates that the alien has been battered or subject to extreme cruelty by the citizen daughter or son4 7,h7 7i7 ,subparagraph 7,a7 shall not apply to a citizen of the ,united ,states who has been convicted of a specified offense against a minor1 unless the ,secretary of ,homeland ,security1 in the ,secretary's sole and unreviewable discretion1 determines that the citizen poses no risk to the alien with respect to whom a petition described in subparagraph 7,a7 is filed4 7ii7 ,for purposes of clause 7i71 the term specified offense against a minor has the meaning given such term in section #aaa of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#db ,u4,s4,c4 #afiaa74 7#b7 ,determination of good moral character ,notwithstanding section #aja7;f71 an act or conviction that is waivable with respect to the petitioner for purposes of a determination of the petitioner's admissibility under section #bab7;a7 or deportability under section #bcg7;a7 shall not bar the ,secretary of ,homeland ,security from finding the petitioner to be of good moral character under subparagraph 7,c7 or 7,d7 of paragraph 7#a71 if the ,secretary finds that the act or conviction was connected to the alien's having been battered or subjected to extreme cruelty4 7#c7 ,preference status 7,a7 7i7 ,any child who attains #ba years of age who has filed a petition under paragraph 7#a77;,d7 that was filed or approved before the date on which the child attained #ba years of age shall be considered 7if the child has not been admitted or approved for lawful permanent residence by the date the child attained #ba years of age7 a petitioner for preference status under paragraph 7#a71 7#b71 or 7#c7 of section #bjc7;a71 whichever paragraph is applicable1 with the same priority date assigned to the self-petition filed under paragraph 7#a77;,d74 ,no new petition shall be required to be filed4 7ii7 ,any individual described in clause 7i7 is eligible for deferred action and work authorization4 7iii7 ,any derivative child who attains #ba years of age who is included in a petition described in subparagraph 7,b7 that was filed or approved before the date on which the child attained #ba years of age shall be considered 7if the child has not been admitted or approved for lawful permanent residence by the date the child attained #ba years of age7 a ,,vawa self-petitioner with the same priority date as that assigned to the petitioner in any petition described in subparagraph 7,b74 ,no new petition shall be required to be filed4 7iv7 ,any individual described in clause 7iii7 and any derivative child of a petitioner described in subparagraph 7,b7 is eligible for deferred action and work authorization4 7,b7 ,the petition referred to in subparagraph 7,a77iii7 is a petition filed by an alien under subparagraph 7,c7 or 7,d7 of paragraph 7#a7 in which the child is included as a derivative beneficiary4 7,c7 ,nothing in the amendments made by the ,child ,status ,protection ,act 7,public ,law #ajg-bjh2 #aaf ,stat4 #ibg7 shall be construed to limit or deny any right or benefit provided under this paragraph4 7,d7 ,any alien who benefits from this paragraph may adjust status in accordance with subsections 7a7 and 7c7 of section #bde as an alien having an approved petition for classification under subparagraph 7,c7 or 7,d7 of paragraph 7#a74 7,e7 ,for purposes of this paragraph1 an individual who is not less than #ba years of age1 who qualified to file a petition under paragraph 7#a77;,d7 as of the minute before the date on which the individual attained #ba years of age1 and who did not file such a petition before such day1 shall be treated as having filed a petition under such paragraph as of such day if a petition is filed for the status described in such paragraph before the individual attains #be years of age and the individual shows that the abuse was at least #a central reason for the filing delay4 ,subparagraphs 7,a7 through 7,d7 shall apply to an individual described in this subparagraph in the same manner as an individual filing a petition under paragraph 7#a77;,d74 7#d7 ,classification as alien with extraordinary ability ,any alien desiring to be classified under subparagraph 7,i71 7,j71 7,k71 7,l71 or 7,m7 of section #bja7;b77#a7 or section #bjc7;b77#a77;,a71 or any person on behalf of such an alien1 may file a petition with the ,secretary of ,homeland ,security for such classification4 7#e7 ,classification as employment-based immigrant ,any employer desiring and intending to employ within the ,united ,states an alien entitled to classification under paragraph 7#a77;,b71 7#a77;,c71 7#b71 or 7#c7 of section #bjc7;b7 may file a petition with the ,secretary of ,homeland ,security for such classification4 7#f7 ,classification as special immigrant 7,a7 ,any alien 7other than a special immigrant under section #aja7;a77#bg77;,d77 desiring to be classified under section #bjc7;b77#d71 or any person on behalf of such an alien1 may file a petition with the ,secretary of ,homeland ,security for such classification4 7,b7 ,aliens claiming status as a special immigrant under section #aja7;a77#bg77;,d7 may file a petition only with the ,secretary of ,state and only after notification by the ,secretary that such status has been recommended and approved pursuant to such section4 7#g7 ,classification as immigrant investor ,any alien desiring to be classified under paragraph 7#e7 or 7#f7 of section #bjc7;b7 may file a petition with the ,secretary of ,homeland ,security for such classification4 7#h7 ,diversity visa 7,a7 ,any alien desiring to be provided an immigrant visa under section #bjc7;c7 may file a petition at the place and time determined by the ,secretary of ,state by regulation4 ,only #a such petition may be filed by an alien with respect to any petitioning period established4 ,if more than #a petition is submitted all such petitions submitted for such period by the alien shall be voided4 7,b7 7i7 ,the ,secretary of ,state shall designate a period for the filing of petitions with respect to visas which may be issued under section #bjc7;c7 for the fiscal year beginning after the end of the period4 7ii7 ,aliens who qualify1 through random selection1 for a visa under section #bjc7;c7 shall remain eligible to receive such visa only through the end of the specific fiscal year for which they were selected4 7iii7 ,the ,secretary of ,state shall prescribe such regulations as may be necessary to carry out this subparagraph4 7,c7 ,a petition under this paragraph shall be in such form as the ,secretary of ,state may by regulation prescribe and shall contain such information and be supported by such documentary evidence as the ,secretary of ,state may require4 7,d7 ,each petition to compete for consideration for a visa under section #bjc7;c7 shall be accompanied by a fee equal to #cj4 ,all amounts collected under this subparagraph shall be deposited into the ,treasury as miscellaneous receipts4 7#i7 ,consideration of credible evidence ,in acting on petitions filed under subparagraph 7,c7 or 7,d7 of paragraph 7#a71 or in making determinations under paragraphs 7#b7 and 7#c71 the ,secretary of ,homeland ,security shall consider any credible evidence relevant to the petition4 ,the determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the ,secretary4 7#aj7 ,work authorization 7,a7 ,upon the approval of a petition as a ,,vawa self-petitioner1 the alien-- 7i7 is eligible for work authorization2 and 7ii7 may be provided an employment authorized endorsement or appropriate work permit incidental to such approval4 7,b7 ,notwithstanding any provision of this ,act restricting eligibility for employment in the ,united ,states1 the ,secretary of ,homeland ,security shall grant employment authorization to an alien who has filed an application for status as a ,,vawa self-petitioner on the date that is the earlier of-- 7i7 the date on which the alien's application for such status is approved2 or 7ii7 a date determined by the ,secretary that is not later than #ahj days after the date on which the alien filed the application4 7#aa7 ,limitation ,notwithstanding paragraphs 7#a7 through 7#aj71 an individual who was a ,,vawa petitioner or who had the status of a nonimmigrant under subparagraph 7,t7 or 7,u7 of section #aja7;a77#ae7 may not file a petition for classification under this section or section #bad to classify any person who committed the battery or extreme cruelty or trafficking against the individual 7or the individual's child71 which established the individual's 7or individual's child's7 eligibility as a ,,vawa petitioner or for such nonimmigrant status4 2 7ii7 in subsection 7c77#a71 by striking or preference status2 and 7iii7 in subsection 7h71 by striking or a petition filed under subsection 7a77#a77;,b77ii74 7,b7 ,conforming amendments ,the ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7i7 in section #aja7;a7-- 7,i7 in paragraph 7#ae77,k71 by striking #bjd7;a77#a77;,a77viii77,i7 each place such term appears and inserting #bjd7;a77#a77;,h77i72 7,,ii7 in paragraph 7#ej71 by striking #bjd7;a77#a77;,a77iii77,,ii77aa77,,bb71 #bjd7;a77#a77;,b77ii77,,ii77aa77,,bb71 and inserting #bjd7;a77#a77;,c77ii77,i77bb7 or2 and 7,,iii7 in paragraph 7#ea7-- 7aa7 in subparagraph 7,a71 by striking #bjd7;a77#a77;,a7 and inserting #bjd7;a77#a72 7bb7 by striking subparagraph 7,b72 and 7cc7 by redesignating subparagraphs 7,c71 7,d71 7,e71 7,f71 and 7,g7 as subparagraphs 7,b71 7,c71 7,d71 7,e71 and 7,f71 respectively2 7ii7 in section #bab7;a77#d77;,c77i7-- 7,i7 in subclause 7,i71 by striking clause 7ii71 7iii71 or 7iv7 of section #bjd7;a77#a77;,a71 or and inserting subparagraph 7,b71 7,c71 or 7,d7 of section #bjd7;a77#a722 7,,ii7 by striking subclause 7,,ii72 and 7,,iii7 by redesignating subclause 7,,iii7 as subclause 7,,ii72 7iii7 in section #baf7;c77#d77;,d71 by striking #bjd7;a77#a77;,a77iii77,,ii77aa77,,bb7 and inserting #bjd7;a77#a77;,c77ii77,i77bb72 and 7iv7 in section #bdj7;c77#g77;,c77iv77,i71 by striking clause 7iii7 or 7iv7 of section #bjd7;a77#a77;,a71 clause 7ii7 or 7iii7 of section #bjd7;a77#a77;,b71 and inserting subparagraph 7,c7 or 7,d7 of section #bjd7;a77#a714 7#g7 ,excludable aliens ,section #bab7;d77#ab77;,b7 7#h ,u4,s4,c4 #aahb7;d77#ab77;,b77 is amended by striking section #bja7;b77#b77;,a7 and inserting section #bja7;b77#b7 7other than subparagraph 7,b77vi774 7#h7 ,admission of nonimmigrants ,section #bad7r77#c77;,a7 7#h ,u4,s4,c4 #aahd7r77#c77;,a77 is amended by striking section #bja7;b77#b77;,a77i74 and inserting section #bja7;b77#b7 7other than clause 7v7 or 7vi7 of subparagraph 7,b7744 7#i7 ,refugee crisis in ,iraq ,act of #bjjg ,section #abdc7;a77#d7 of the ,refugee ,crisis in ,iraq ,act of #bjjg 7#h ,u4,s4,c4 #aaeg note7 is amended by striking section #bja7;b77#b77;,a77i7 and inserting section #bja7;b77#b7 7other than clause 7v7 or 7vi7 of subparagraph 7,b774 7#aj7 ,processing of visa applications ,section #bcc of the ,department of ,state ,authorization ,act1 ,fiscal ,year #bjjc 7#h ,u4,s4,c4 #abja note7 is amended by striking section #bja7;b77#b77;,a77i7 and inserting section #bja7;b77#b7 7other than clause 7v7 or 7vi7 of subparagraph 7,b774 7#aa7 ,adjustment of status ,section #bde7;a7 7#h ,u4,s4,c4 #abee7;a77 is amended to read as follows3 7a7 7#a7 ,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 ,security1 in the ,attorney ,general's or the ,secretary's discretion and under such regulations as the ,attorney ,general or ,secretary may prescribe1 to that of an alien lawfully admitted for permanent residence 7regardless of whether the alien has already been admitted for permanent residence7 if-- 7,a7 the alien makes an application for such adjustment2 7,b7 the alien is eligible to receive an immigrant visa and is admissible to the ,united ,states for permanent residence2 and 7,c7 subject to paragraph 7#b71 an immigrant visa is immediately available to the alien at the time the alien's application is filed4 7#b7 7,a7 ,an application that is based on a petition approved or approvable under subparagraph 7,a7 or 7,b7 of section #bjd7;a77#a7 may be filed without regard to the limitation set forth in paragraph 7#a77;,c74 7,b7 ,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 alien4 4 7e7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act4 #bcjf4 ,numerical limitations on individual foreign states 7a7 ,numerical limitation to any single foreign ,state ,section #bjb7;a77#b7 7#h ,u4,s4,c4 #aaeb7;a77#b77 is amended-- 7#a7 in the paragraph heading1 by striking and employment-based2 7#b7 by striking 7#c71 7#d71 and 7#e71 and inserting 7#c7 and 7#d712 7#c7 by striking subsections 7a7 and 7b7 of section #bjc and inserting section #bjc7;a72 7#d7 by striking #g and inserting #ae2 and 7#e7 by striking such subsections and inserting such section4 7b7 ,conforming amendments ,section #bjb 7#h ,u4,s4,c4 #aaeb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#c71 by striking both subsections 7a7 and 7b7 of section #bjc and inserting section #bjc7;a72 and 7,b7 by striking paragraph 7#e72 and 7#b7 by amending subsection 7e7 to read as follows3 7e7 ,special rules for countries at ceiling ,if it is determined that the total number of immigrant visas made available under section #bjc7;a7 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection 7a77#b7 in any fiscal year1 in determining the allotment of immigrant visa numbers to natives under section #bjc7;a71 visa numbers with respect to natives of that state or area shall be allocated 7to the extent practicable and otherwise consistent with this section and section #bjc7 in a manner so that1 except as provided in subsection 7a77#d71 the proportion of the visa numbers made available under each of paragraphs 7#a7 through 7#d7 of section #bjc7;a7 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 #bjc7;a74 4 7c7 ,country-specific offset ,section #b of the ,chinese ,student ,protection ,act of #aiib 7#h ,u4,s4,c4 #abee note7 is amended-- 7#a7 in subsection 7a71 by striking subsection 7e77 and inserting subsection 7d772 and 7#b7 by striking subsection 7d7 and redesignating subsection 7e7 as subsection 7d74 7d7 ,effective date ,the amendments made by this section shall take effect #a year after the date of the enactment of this ,act4 #bcjg4 ,allocation of immigrant visas 7a7 ,preference allocation for family-sponsored immigrants 7#a7 ,in general ,section #bjc7;a7 7#h ,u4,s4,c4 #aaec7;a771 as amended by section #bcje7;b71 is further amended to read as follows3 7a7 ,preference allocation for family-sponsored immigrants ,aliens subject to the worldwide level specified in section #bja7;c7 for family-sponsored immigrants shall be allotted visas as follows3 7#a7 ,sons and daughters of citizens ,qualified immigrants who are-- 7,a7 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 #ce percent of the worldwide level authorized in section #bja7;c71 plus the sum of-- 7i7 the number of visas not required for the class specified in paragraph 7#b7 for the current fiscal year2 and 7ii7 the number of visas not required for the class specified in subparagraph 7,b72 or 7,b7 the married sons or married daughters of citizens of the ,united ,states who are #ca years of age or younger at the time of filing a petition under section #bjd shall be allocated visas in a number not to exceed #be percent of the worldwide level authorized in section #bja7;c71 plus the number of any visas not required for the class specified in subparagraph 7,a7 current fiscal year4 7#b7 ,sons and daughters of permanent 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 #dj percent of the worldwide level authorized in section #bja7;c71 plus any visas not required for the class specified in paragraph 7#a77;,a74 4 7#b7 ,conforming amendments 7,a7 ,procedure for granting immigrant status ,section #bjd7;f77#a7 7#h ,u4,s4,c4 #aaed7;f77#a77 is amended by striking section #bja7;b71 #bjc7;a77#a71 or #bjc7;a77#c71 and inserting section #bja7;b7 or subparagraph 7,a7 or 7,b7 of section #bjc7;a77#a74 7,b7 ,automatic conversion ,for the purposes of any petition pending or approved based on a relationship described-- 7i7 in subparagraph 7,a7 of section #bjc7;a77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;a77#a771 as amended by paragraph 7#a71 and notwithstanding the age of the alien1 such a petition shall be deemed reclassified as a petition based on a relationship described in subparagraph 7,b7 of such section #bjc7;a77#a7 upon the marriage of such alien2 or 7ii7 in subparagraph 7,b7 of such section #bjc7;a77#a71 such a petition shall be deemed reclassified as a petition based on a relationship described in subparagraph 7,a7 of such section #bjc7;a77#a7 upon the legal termination of marriage or death of such alien's spouse4 7#c7 ,effective date ,the amendments made by this subsection shall take effect on the first day of the first fiscal year that begins at least #ah months following the date of the enactment of this ,act4 7b7 ,preference allocation for employment-,based immigrants 7#a7 ,in general ,section #bja7;b77#a7 7#h ,u4,s4,c4 #aaea7;b77#a771 as amended by sections #bajc7;c7 and #bbab7;d71 is further amended by adding at the end the following3 7,h7 ,derivative beneficiaries as described in section #bjc7;d7 of employment-based immigrants under section #bjc7;b74 7,i7 ,aliens with extraordinary ability in the sciences1 arts1 education1 business1 or athletics which has been demonstrated by sustained national or international acclaim1 if1 with respect to any such alien-- 7i7 the achievements of such alien have been recognized in the field through extensive documentation2 7ii7 such alien seeks to enter the ,united ,states to continue work in the area of extraordinary ability2 and 7iii7 the entry of such alien into the ,united ,states will substantially benefit prospectively the ,united ,states4 7,j7 ,aliens who are outstanding professors and researchers if1 with respect to any such alien-- 7i7 the alien is recognized internationally as outstanding in a specific academic area2 7ii7 the alien has at least #c years of experience in teaching or research in the academic area2 and 7iii7 the alien seeks to enter the ,united ,states-- 7,i7 to be employed in a tenured position 7or tenure-track position7 within a not for profit university or institution of higher education to teach in the academic area2 7,,ii7 for employment in a comparable position with a not for profit university or institution of higher education1 or a governmental research organization1 to conduct research in the area2 or 7,,iii7 for employment in a comparable position to conduct research in the area with a department1 division1 or institute of a private employer1 if the department1 division1 or institute employs at least #c persons full-time in research activities and has achieved documented accomplishments in an academic field4 7,k7 ,aliens who are multinational executives and managers if1 with respect to any such alien-- 7i7 in the #c years preceding the time of the alien's application for classification and admission into the ,united ,states under this subparagraph1 the alien has been employed for at least #a year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof2 and 7ii7 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 executive4 7,l7 ,aliens who have earned a doctorate degree from an institution of higher education in the ,united ,states or the foreign equivalent4 7,m7 ,alien physicians who have completed the foreign residency requirements under section #bab7;e7 or obtained a waiver of these requirements or an exemption requested by an interested ,state agency or by an interested ,federal agency under section #bad7l71 including those alien physicians who completed such service before the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7,n7 ,advanced degrees in a stem field 7i7 ,in general ,an immigrant who-- 7,i7 has earned a master's or higher degree in a field of science1 technology1 engineering1 or mathematics included in the ,department of ,education's ,classification of ,instructional ,programs taxonomy within the summary groups of computer and information sciences and support services1 engineering1 mathematics and statistics1 biological and biomedical sciences1 and physical sciences1 from a ,united ,states institution of higher education2 7,,ii7 has an offer of employment from a ,united ,states employer in a field related to such degree2 and 7,,iii7 earned the qualifying graduate degree during the #e-year period immediately before the initial filing date of the petition under which the nonimmigrant is a beneficiary4 7ii7 ,definition ,in this subparagraph1 the term ,united ,states institution of higher education means an institution that-- 7,i7 is described in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a77 or is a proprietary institution of higher education 7as defined in section #ajb7;b7 of such ,act 7#bj ,u4,s4,c4 #ajjb7;b7772 7,,ii7 was classified by the ,carnegie ,foundation for the ,advancement of ,teaching on ,january #a1 #bjab1 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 subparagraph1 pursuant to an application by the institution1 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 activity2 and 7,,iii7 is accredited by an accrediting body that is itself accredited either by the ,department of ,education or by the ,council for ,higher ,education ,accreditation4 4 7#b7 ,exception from labor certification requirement for ,,stem immigrants ,section #bab7;a77#e77;,d7 7#h ,u4,s4,c4 #aahb7;a77#e77;,d77 is amended to read as follows3 7,d7 ,application of grounds 7i7 ,in general ,except as provided in clause 7ii71 the grounds for inadmissibility of aliens under subparagraphs 7,a7 and 7,b7 shall apply to immigrants seeking admission or adjustment of status under paragraph 7#b7 or 7#c7 of section #bjc7;b74 7ii7 ,special rule for ,,stem immigrants ,the grounds for inadmissibility of aliens under subparagraph 7,a7 shall not apply to an immigrant seeking admission or adjustment of status under section #bjc7;b77#b77;,b7 or #bja7;b77#a77,n74 4 7c7 ,technical and conforming amendments 7#a7 ,treatment of derivative family members ,section #bjc7;d7 7#h ,u4,s4,c4 #aaec7;d77 is amended to read as follows3 7d7 ,treatment of family members ,if accompanying or following to join a spouse or parent issued a visa under subsection 7a71 7b71 or 7c71 subparagraph 7,i71 7,j71 7,k71 7,l71 or 7,m7 of section #bja7;b77#a71 or section #bja7;b77#b71 a spouse or child 7as defined in subparagraph 7,a71 7,b71 7,c71 7,d71 or 7,e7 of section #aja7;b77#a77 shall be entitled to the same immigrant status and the same order of consideration provided in the respective provision4 4 7#b7 ,aliens who are priority workers or members of the professions holding advanced degrees ,section #bjc7;b7 7#h ,u4,s4,c4 #aaec7;b77 is amended-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,aliens and inserting ,other than aliens described in paragraph 7#a7 or 7#b77;,b71 aliens2 7,b7 in paragraph 7#a71 by striking the matter preceding subparagraph 7,a7 and inserting ,aliens described in any of the following subparagraphs may be admitted to the ,united ,states without respect to the worldwide level specified in section #bja7;d72 and 7,c7 by amending paragraph 7#b7 to read as follows3 7#b7 ,aliens who are members of professions holding advanced degrees or prospective employees of national security facilities 7,a7 ,in general ,visas shall be made available1 in a number not to exceed #dj percent of the worldwide level authorized in section #bja7;d71 plus any visas not required for the classes specified in paragraph 7#e7 to qualified immigrants who are either of the following3 7i7 ,members of the professions holding advanced degrees or their equivalent whose services in the sciences1 arts1 professions1 or business are sought by an employer in the ,united ,states1 including alien physicians holding foreign medical degrees that have been deemed sufficient for acceptance by an accredited ,united ,states medical residency or fellowship program4 7ii7 ,prospective employees1 in a research capacity1 of ,federal national security1 science1 and technology laboratories1 centers1 and agencies1 if such immigrants have been lawfully present in the ,united ,states for two years prior to employment 7unless the ,secretary of ,homeland ,security determines1 including upon request of the prospective laboratory1 center1 or agency1 that exceptional circumstances exist justifying waiver of the presence requirement74 7,b7 ,waiver of job offer 7i7 ,national interest waiver ,subject to clause 7ii71 the ,secretary of ,homeland ,security may1 if the ,secretary deems it to be in the national interest1 waive the requirements of subparagraph 7,a7 that an alien's services in the sciences1 arts1 professions1 or business be sought by an employer in the ,united ,states4 7ii7 ,physicians working in shortage areas or veterans facilities 7,i7 ,in general ,the ,secretary shall grant a national interest waiver pursuant to clause 7i7 on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph 7,a7 if-- 7aa7 the alien physician agrees to work on a full- time basis practicing primary care1 specialty medicine1 or a combination thereof1 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 ,affairs2 or 7bb7 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 7without regard to whether such facility or facilities are located within such an area7 and a ,federal agency or a local1 county1 regional1 or ,state department of public health determines that the alien physician's work at such facility was or will be in the public interest4 7,,ii7 ,prohibition 7aa7 ,no permanent resident visa may be issued to an alien physician described in subclause 7,i7 by the ,secretary of ,state under section #bjd7;b71 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 #bde1 until such time as the alien has worked full time as a physician for an aggregate of #e years 7not including the time served in the status of an alien described in section #aja7;a77#ae77;,j771 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 ,affairs1 or at a facility or facilities meeting the requirements of subclause 7,i77bb74 7bb7 ,the #e-year service requirement of item 7aa7 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 approved4 ,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 education4 7cc7 ,an alien physician shall not be required to submit an employment contract with a term exceeding the balance of the #e-year commitment yet to be served1 nor an employment contract dated within a minimum time period prior to filing of a visa petition pursuant to this subsection4 7dd7 ,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 petition4 7,,iii7 ,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 #bjd7;a71 by an alien physician described in subclause 7,i7 prior to the date by which such alien physician has completed the service described in subclause 7,,ii7 or in section #bad7l74 7,c7 ,guidance and rules ,the ,secretary may prescribe such policy guidance and rules as the ,secretary considers appropriate for purposes of subparagraph 7,a7 to ensure national security and promote the interests and competitiveness of the ,united ,states4 ,such rules shall include a definition of the term ,federal national security1 science1 and technology laboratories1 centers1 and agencies for purposes of clause 7ii7 of subparagraph 7,a71 which shall include the following3 7i7 ,the national security1 science1 and technology laboratories1 centers1 and agencies of the ,department of ,defense1 the ,department of ,energy1 the ,department of ,homeland ,security1 the elements of the intelligence community 7as that term is defined in section #d7c7 of the ,national ,security ,act of #aidg71 and any other department or agency of the ,federal ,government that conducts or funds research and development in the essential national interest4 7ii7 ,federally funded research and development centers 7,f,f,r,d,cs7 that are primarily supported by a department or agency of the ,federal ,government specified in clause 7i74 4 7#c7 ,skilled workers1 professionals1 and other workers 7,a7 ,in general ,section #bjc7;b77#c77;,a7 7#h ,u4,s4,c4 #aaec7;b77#c77;,a77 is amended by striking in a number not to exceed #bh4f percent of such worldwide level1 plus any visas not required for the classes specified in paragraphs 7#a7 and 7#b71 and inserting in a number not to exceed #dj percent of the worldwide level authorized in section #bja7;d71 plus any visas not required for the class specified in paragraph 7#b714 7,b7 ,medical license requirements ,section #bad7;i77#b77;,a7 7#h ,u4,s4,c4 #aahd7;i77#b77;,a77 is amended by adding at the end including in the case of a medical doctor1 the licensure required to practice medicine in the ,united ,states14 7,c7 ,repeal of limitation on other workers ,section #bjc7;b77#c7 7#h ,u4,s4,c4 #aaec7;b77#c77 is amended-- 7i7 by striking subparagraph 7,b72 and 7ii7 redesignated subparagraph 7,c7 as subparagraph 7,b74 7#d7 ,certain special immigrants ,section #bjc7;b77#d7 7#h ,u4,s4,c4 #aaec7;b77#d77 is amended by striking in a number not to exceed #g4a percent of such worldwide level1 and inserting in a number not to exceed #aj percent of the worldwide level authorized in section #bja7;d71 plus any visas not required for the class specified in paragraph 7#c714 7#e7 ,employment creation ,section #bjc7;b77#e77;,a7 7#h ,u4,s4,c4 #aaec7;b77#e77;,a77 is amended by striking in a number not to exceed #g4a percent of such worldwide level1 and inserting in a number not to exceed #aj percent of the worldwide level authorized in section #bja7;d71 plus any visas not required for the class specified in paragraph 7#d714 7d7 ,naturalization of employees of certain national security facilities without regard to residency requirements ,section #caf 7#h ,u4,s4,c4 #adbg7 is amended by adding at the end the following3 7g7 7#a7 ,any person who1 while an alien or a noncitizen national of the ,united ,states1 has been employed in a research capacity at a ,federal national security1 science1 and technology laboratory1 center1 or agency 7as defined pursuant to section #bjc7;b77#b77;,c77 for a period or periods aggregating one year or more may1 in the discretion of the ,secretary1 be naturalized without regard to the residence requirements of this section if the person-- 7,a7 has complied with all requirements as determined by the ,secretary of ,homeland ,security1 the ,secretary of ,defense1 the ,secretary of ,energy1 or the head of a petitioning department or agency of the ,federal ,government1 including contractual requirements to maintain employment in a research capacity with a ,federal national security1 science1 and technology laboratory1 center1 or agency for a period not to exceed five years2 and 7,b7 has favorably completed and adjudicated a background investigation at the appropriate level1 from the employing department or agency of the ,federal ,government within the last five years4 7#b7 ,the number of aliens or noncitizen nationals naturalized in any fiscal year under this subsection shall not exceed a number as defined by the ,secretary of ,homeland ,security1 in consultation with the head of the petitioning department or agency of the ,federal ,government4 4 #bcjh4 ,inclusion of communities adversely affected by a recommendation of the ,defense ,base ,closure and ,realignment ,commission as targeted employment areas 7a7 ,in general ,section #bjc7;b77#e77;,b77ii7 7#h ,u4,s4,c4 #aaec7;b77#e77;,b77ii77 is amended by inserting 1 any community adversely affected by a recommendation by the ,defense ,base ,closure and ,realignment ,commission1 after rural area4 7b7 ,regulations ,the ,secretary1 in consultation with the ,secretary of ,defense1 shall implement the amendment made by subsection 7a7 through appropriate regulations4 #bcji4 ,v nonimmigrant visas 7a7 ,nonimmigrant eligibility ,subparagraph 7,v7 of section #aja7;a77#ae7 7#h ,u4,s4,c4 #aaja7;a77#ae77 is amended to read as follows3 7,v7 7i7 subject to section #bad7q77#a7 and section #bab7;a77#d71 an alien who is the beneficiary of an approved petition under section #bjc7;a7 as-- 7,i7 the unmarried son or unmarried daughter of a citizen of the ,united ,states2 7,,ii7 the unmarried son or unmarried daughter of an alien lawfully admitted for permanent residence2 or 7,,iii7 the married son or married daughter of a citizen of the ,united ,states and who is #ca years of age or younger2 or 7ii7 subject to section #bad7q77#b71 an alien who is-- 7,i7 the sibling of a citizen of the ,united ,states2 or 7,,ii7 the married son or married daughter of a citizen of the ,united ,states and who is older than #ca years of age2 4 7b7 ,employment and period of admission of nonimmigrants described in section #aja7;a77#ae77,v7 ,section #bad7q7 7#h ,u4,s4,c4 #aahd7q77 is amended to read as follows3 7q7 ,nonimmigrants described in section #aja7;a77#ae77,v7 7#a7 ,certain sons and daughters 7,a7 ,employment authorization ,the ,secretary shall-- 7i7 authorize a nonimmigrant admitted pursuant to section #aja7;a77#ae77,v77i7 to engage in employment in the ,united ,states during the period of such nonimmigrant's authorized admission2 and 7ii7 provide such a nonimmigrant with an employment authorized endorsement or other appropriate document signifying authorization of employment4 7,b7 ,termination of admission ,the period of authorized admission for such a nonimmigrant shall terminate #cj days after the date on which-- 7i7 such nonimmigrant's application for an immigrant visa pursuant to the approval of a petition under subsection 7a7 or 7c7 of section #bjc is denied2 or 7ii7 such nonimmigrant's application for adjustment of status under section #bde pursuant to the approval of such a petition is denied4 7#b7 ,siblings and sons and daughters of citizens 7,a7 ,employment authorization ,the ,secretary may not authorize a nonimmigrant admitted pursuant to section #aja7;a77#ae77,v77ii7 to engage in employment in the ,united ,states4 7,b7 ,period of admission ,the period of authorized admission as such a nonimmigrant may not exceed #fj days per fiscal year4 7,c7 ,treatment of period of admission ,an alien admitted under section #aja7;a77#ae77,v7 may not receive an allocation of points pursuant to section #bjc7;c7 for residence in the ,united ,states while admitted as such a nonimmigrant4 4 7c7 ,public benefits ,a noncitizen who is lawfully present in the ,united ,states pursuant to section #aja7;a77#ae77,v7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,v77 is not eligible for any means-tested public benefits 7as such term is defined and implemented in section #djc of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac774 ,a noncitizen admitted under this section-- 7#a7 is not entitled to the premium assistance tax credit authorized under section #cf;,b of the ,internal ,revenue ,code of #aihf for his or her coverage2 7#b7 shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection 7e7 of such section2 7#c7 shall be subject to the rules applicable to individuals not lawfully present that are set forth in section #adjb7;e7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjga7;e772 and 7#d7 shall be subject to the rules applicable to individuals not lawfully present set forth in section #ejjj;,a7d77#c7 of the ,internal ,revenue ,code of #aihf4 7d7 ,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 ,act4 #bcaj4 ,fiance and fianc child status protection 7a7 ,definition ,section #aja7;a77#ae77,k7 7#h ,u4,s4,c4 #aaja7;a77#ae77,k771 as amended by section #bcje7;d77#f77;,b77i77,i71 is further amended-- 7#a7 in clause 7i71 by inserting or of an alien lawfully admitted for permanent residence after #bjd7;a77#a77;,h77i772 7#b7 in clause 7ii71 by inserting or of an alien lawfully admitted for permanent residence after #bjd7;a77#a77;,h77i772 and 7#c7 in clause 7iii71 by striking the semicolon and inserting 1 provided that a determination of the age of such child is made using the age of the alien on the date on which the fianc1 fiance1 or immigrant visa petition is filed with the ,secretary of ,homeland ,security to classify the alien's parent as the fiance or fianc of a ,united ,states citizen or of an alien lawfully admitted for permanent residence 7in the case of an alien parent described in clause 7i77 or as the spouse of a citizen of the ,united ,states or of an alien lawfully admitted to permanent residence under section #bja7;b77#b77;,a7 7in the case of an alien parent described in clause 7ii7724 7b7 ,adjustment of status authorized ,section #bad7;d7 7#h ,u4,s4,c4 #aahd7;d77 is amended-- 7#a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 and 7#b7 in paragraph 7#a71 by striking ,in the event and all that follows through the end2 and 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 7,a7 ,if an alien does not marry the petitioner under paragraph 7#a7 within #c months after the alien and the alien's children are admitted into the ,united ,states1 the visa previously issued under the provisions of section #aaja7;a77#ae77,k77i7 shall automatically expire and such alien and children shall be required to depart from the ,united ,states4 ,if such aliens fail to depart from the ,united ,states1 they shall be placed in proceedings in accordance with sections #bdj and #bda4 7,b7 ,subject to subparagraphs 7,c7 and 7,d71 if an alien marries the petitioner described in section #aja7;a77#ae77,k77i7 within #ij days after the alien is admitted into the ,united ,states1 the ,secretary or the ,attorney ,general1 subject to the provisions of section #bde7;d71 may adjust the status of the alien1 and any children accompanying or following to join the alien1 to that of an alien lawfully admitted for permanent residence on a conditional basis under section #baf if the alien and any such children apply for such adjustment and are not determined to be inadmissible to the ,united ,states4 ,if the alien does not apply for such adjustment within #f months after the marriage1 the visa issued under the provisions of section #aaja7;a77#ae77,k7 shall automatically expire4 7,c7 ,paragraphs 7#e7 and 7#g77;,a7 of section #bab7;a7 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 section4 7,d7 ,an alien eligible for a waiver of inadmissibility as otherwise authorized under this ,act or the ,border ,security1 ,economic ,opportunity1 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 section4 4 7c7 ,age determination ,section #bde7;d7 7#h ,u4,s4,c4 #abee7;d77 is amended-- 7#a7 by striking ,the ,attorney ,general and inserting 7#a7 ,the ,secretary of ,homeland ,security2 7#b7 in paragraph 7#a71 as redesignated1 by striking ,attorney ,general and inserting ,secretary2 and 7#c7 by adding at the end the following3 7#b7 ,a determination of the age of an alien admitted to the ,united ,states under section #aja7;a77#ae77,k77iii7 shall be made1 for purposes of adjustment to the status of an alien lawfully admitted for permanent residence on a conditional basis under section #baf1 using the age of the alien on the date on which the fianc1 fiance1 or immigrant visa petition was filed with the ,secretary of ,homeland ,security to classify the alien's parent as the fiance or fianc of a ,united ,states citizen or of an alien lawfully admitted to permanent residence 7in the case of an alien parent admitted to the ,united ,states under section #aja7;a77#ae77,k77i77 or as the spouse of a ,united ,states citizen or of an alien lawfully admitted to permanent residence under section #bja7;b77#b77;,a7 7in the case of an alien parent admitted to the ,united ,states under section #aja7;a77#ae77,k77ii774 4 7d7 ,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 ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7e7 ,technical and conforming amendments 7#a7 ,definitions ,section #aja7;a77#ae77,k7 7#h ,u4,s4,c4 #aaja7;a77#ae77,k771 as amended by subsection 7a71 is further amended-- 7,a7 in clause 7ii71 by striking section #bja7;b77#b77;,a77i7 and inserting section #bja7;b77#b72 and 7,b7 in clause 7iii71 by striking section #bja7;b77#b77;,a77i7 and inserting section #bja7;b77#b74 7#b7 ,age determination ,paragraph 7#b7 of section #bde7;d7 7#h ,u4,s4,c4 #abee7;d771 as added by subsection 7c71 is amended by striking section #bja7;b77#b77;,a77i7 and inserting #bja7;b77#b74 7#c7 ,effective date ,the amendments made by this subsection shall take effect on the first day of the first fiscal year beginning no earlier than #a year after the date of the enactment of this ,act4 #bcaa4 ,equal treatment for all stepchildren ,section #aja7;b77#a77;,b7 7#h ,u4,s4,c4 #aaja7;b77#a77;,b77 is amended by striking eighteen years and inserting #ba years4 #bcab4 ,modification of adoption age requirements ,section #aja7;b77#a7 7#h ,u4,s4,c4 #aaja7;b77#a77 is amended-- 7#a7 in subparagraph 7,e7-- 7,a7 by striking 7,e77i7 and inserting 7,e72 7,b7 by striking under the age of sixteen years and inserting younger than #ah years of age1 or a child adopted when #ah years of age or older if the adopting parent or parents initiated the legal adoption process before the child reached #ah years of age2 7,c7 by striking 2 or and inserting a semicolon2 and 7,d7 by striking clause 7ii72 7#b7 in subparagraph 7,f7-- 7,a7 by striking 7,f77i7 and inserting 7,f72 7,b7 by striking sixteen and inserting #ah2 7,c7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7,d7 by striking clause 7ii72 and 7#c7 in subparagraph 7,g71 by striking #af and inserting #ah4 #bcac4 ,relief for orphans1 widows1 and widowers 7a7 ,in general 7#a7 ,special rule for orphans and spouses ,in applying clauses 7iii7 and 7iv7 of section #bja7;b77#b77;,b7 of the ,immigration and ,nationality ,act1 as added by section #bcje7;a7 of this ,act1 to an alien whose citizen or lawful permanent resident relative died before the date of the enactment of this ,act1 the alien relative may file the classification petition under section #bjd7;a77#a77;,a77ii7 of the ,immigration and ,nationality ,act not later than #b years after the date of the enactment of this ,act4 7#b7 ,eligibility for parole ,if an alien was excluded1 deported1 removed1 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 7as defined in section #bja7;b77#b77;,b77iv7 of the ,immigration and ,nationality ,act1 as amended by section #bcje7;a7 of this ,act7 due to the death of such citizen or resident-- 7,a7 such alien shall be eligible for parole into the ,united ,states pursuant to the ,secretary's discretionary authority under section #bab7;d77#e7 of such ,act 7#h ,u4,s4,c4 #aahb7;d77#e772 and 7,b7 such alien's application for adjustment of status shall be considered by the ,secretary notwithstanding section #bab7;a77#i7 of such ,act 7#h ,u4,s4,c4 #aahb7;a77#i774 7#c7 ,eligibility for parole ,if an alien described in section #bjd7l7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7l77 was excluded1 deported1 removed1 or departed voluntarily before the date of the enactment of this ,act-- 7,a7 such alien shall be eligible for parole into the ,united ,states pursuant to the ,secretary's discretionary authority under section #bab7;d77#e7 of such ,act 7#h ,u4,s4,c4 #aahb7;d77#e772 and 7,b7 such alien's application for adjustment of status shall be considered by the ,secretary notwithstanding section #bab7;a77#i7 of such ,act 7#h ,u4,s4,c4 #aahb7;a77#i774 7b7 ,processing of immigrant visas and derivative petitions 7#a7 ,in general ,section #bjd7;b7 7#h ,u4,s4,c4 #aaed7;b77 is amended-- 7,a7 by striking ,after an investigation and inserting 7#a7 ,after an investigation2 and 7,b7 by adding at the end the following3 7#b7 7,a7 ,any alien described in subparagraph 7,b7 whose qualifying relative died before the completion of immigrant visa processing may have an immigrant visa application adjudicated as if such death had not occurred4 ,an immigrant visa issued before the death of the qualifying relative shall remain valid after such death4 7,b7 ,an alien described in this subparagraph is an alien who-- 7i7 is an immediate relative 7as described in section #bja7;b77#b77;,b772 7ii7 is a family-sponsored immigrant 7as described in subsection 7a7 or 7d7 of section #bjc72 7iii7 is a derivative beneficiary of an employment-based immigrant under section #bjc7;b7 7as described in section #bjc7;d772 or 7iv7 is the spouse or child of a refugee 7as described in section #bjg7;c77#b77 or an asylee 7as described in section #bjh7;b77#c774 4 7#b7 ,transition period 7,a7 ,in general ,notwithstanding a denial or revocation of an application for an immigrant visa for an alien due to the death of the qualifying relative before the date of the enactment of this ,act1 such application may be renewed by the alien through a motion to reopen1 without fee4 7,b7 ,inapplicability of bars to entry ,notwithstanding section #bab7;a77#i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i771 an alien's application for an immigrant visa shall be considered if the alien was excluded1 deported1 removed1 or departed voluntarily before the date of the enactment of this ,act4 7c7 ,naturalization ,section #cai7;a7 7#h ,u4,s4,c4 #adcj7;a77 is amended by striking ,states1 and inserting ,states 7or if the spouse is deceased1 the spouse was a citizen of the ,united ,states714 7d7 ,waivers of inadmissibility ,section #bab 7#h ,u4,s4,c4 #aahb7 is amended by adding at the end the following3 7v7 ,continued waiver eligibility for widows1 widowers1 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 relative1 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 hardship4 4 7e7 ,surviving relative consideration for certain petitions and applications ,section #bjd7l77#a7 7#h ,u4,s4,c4 #aaed7l77#a77 is amended-- 7#a7 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 ,states2 and 7#b7 by striking related applications1 and inserting related applications 7including affidavits of support714 7f7 ,family-sponsored immigrants ,section #bab7;a77#d77;,c77i7 7#h ,u4,s4,c4 #aahb7;a77#d77;,c77i771 as amended by section #bcje7;d77#f77;,b77iii71 is further amended by adding at the end the following3 7,,iii7 the status as a surviving relative under #bjd7l72 or 4 #bcad4 ,discretionary authority with respect to removal1 deportation1 or inadmissibility of citizen and resident immediate family members 7a7 ,applications for relief from removal ,section #bdj7;c77#d7 7#h ,u4,s4,c4 #abbi;a7c77#d77 is amended by adding at the end the following3 7,d7 ,judicial discretion ,in the case of an alien subject to removal1 deportation1 or inadmissibility1 the immigration judge may exercise discretion to decline to order the alien removable1 deportable1 or inadmissible from the ,united ,states and terminate proceedings if the judge determines that such removal1 deportation1 or inadmissibility is against the public interest or would result in hardship to the alien's ,united ,states citizen or lawful permanent resident parent1 spouse1 or child1 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-- 7i7 is inadmissible or deportable under-- 7,i7 subparagraph 7,b71 7,c71 7,d77ii71 7,e71 7,h71 7,i71 or 7,j7 of section #bab7;a77#b72 7,,ii7 section #bab7;a77#c72 7,,iii7 subparagraph 7,a71 7,c71 or 7,d7 of section #bab7;a77#aj72 or 7,,iv7 paragraph 7#b77;,a77ii71 7#b77;,a77v71 7#b77;,f71 7#d71 or 7#f7 of section #bcg7;a72 or 7ii7 has-- 7,i7 engaged in conduct described in paragraph 7#h7 or 7#i7 of section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb72 or 7,,ii7 a felony conviction described in section #aja7;a77#dc7 that would have been classified as an aggravated felony at the time of conviction4 4 7b7 ,secretary's discretion ,section #bab 7#h ,u4,s4,c4 #aahb71 as amended by section #bcac7;d71 is further amended by adding at the end the following3 7w7 ,secretary's discretion ,in the case of an alien who is inadmissible under this section or deportable under section #bcg1 the ,secretary of ,homeland ,security may exercise discretion to waive a ground of inadmissibility or deportability if the ,secretary determines that such removal or refusal of admission is against the public interest or would result in hardship to the alien's ,united ,states citizen or permanent resident parent1 spouse1 or child4 ,this subsection shall not apply to an alien whom the ,secretary determines-- 7#a7 is inadmissible or deportable under-- 7,a7 subparagraph 7,b71 7,c71 7,d77ii71 7,e71 7,h71 7,i71 or 7,j7 of subsection 7a77#b72 7,b7 subsection 7a77#c72 7,c7 subparagraph 7,a71 7,c71 or 7,d7 of subsection 7a77#aj72 7,d7 paragraphs 7#b77;,a77ii71 7#b77;,a77v71 7#b77;,f71 or 7#f7 of section #bcg7;a72 or 7,e7 section #bdj7;c77#d77;,d77ii77,,ii72 or 7#b7 has-- 7,a7 engaged in conduct described in paragraph 7#h7 or 7#i7 of section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb72 or 7,b7 a felony conviction described in section #aja7;a77#dc7 that would have been classified as an aggravated felony at the time of conviction4 4 7c7 ,reinstatement of removal orders ,section #bda7;a77#e7 7#h ,u4,s4,c4 #abca7;a77#e77 is amended by striking the period at the end and inserting 1 unless the alien reentered prior to attaining the age of #ah years1 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 parent1 spouse1 or child44 #bcae4 ,waivers of inadmissibility 7a7 ,aliens who entered as children ,section #bab7;a77#i77;,b77iii7 7#h ,u4,s4,c4 #aahb7;a77#i77;,b77iii77 is amended by adding at the end the following3 7,,vi7 ,aliens who entered as children ,clause 7i7 shall not apply to an alien who is the beneficiary of an approved petition under #aja7;a77#ae77;,h7 and who has earned a baccalaureate or higher degree from a ,united ,states institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a771 and had not yet reached the age of #af years at the time of initial entry to the ,united ,states4 4 7b7 ,aliens unlawfully present ,section #bab7;a77#i77;,b77v7 7#h ,u4,s4,c4 #aaha7;a77#i77;,b77v7 is amended-- 7#a7 by striking spouse or son or daughter and inserting spouse1 son1 daughter1 or parent2 7#b7 by striking extreme2 and 7#c7 by inserting 1 child1 after lawfully resident spouse4 7c7 ,previous immigration violations ,section #bab7;a77#i77;,c77i7 7#h ,u4,s4,c4 #aahb7;a77#i77;,c77i77 is amended by adding 1 other than an alien described in clause 7iii7 or 7iv7 of subparagraph 7,b71 after ,any alien4 7d7 ,false claims 7#a7 ,inadmissibility 7,a7 ,in general ,section #bab7;a77#f77;,c7 7#h ,u4,s4,c4 #aahb7;a77#f77;,c77 is amended to read as follows3 7,c7 ,misrepresentation 7i7 ,in general ,any alien who1 by fraud or willfully misrepresenting a material fact1 seeks to procure 7or within the last #c years has sought to procure or has procured7 a visa1 other documentation1 or admission into the ,united ,states or other benefit provided under this ,act is inadmissible4 7ii7 ,falsely claiming citizenship 7,i7 ,inadmissibility ,subject to subclause 7,,ii71 any alien who knowingly misrepresents himself or herself to be a citizen of the ,united ,states for any purpose or benefit under this chapter 7including section #bgd;,a7 or any other ,federal or ,state law is inadmissible4 7,,ii7 ,special rule for children ,an alien shall not be inadmissible under this clause if the misrepresentation described in subclause 7,i7 was made by the alien when the alien-- 7aa7 was under #ah years of age2 or 7bb7 otherwise lacked the mental competence to knowingly misrepresent a claim of ,united ,states citizenship4 7iii7 ,waiver ,the ,attorney ,general or the ,secretary of ,homeland ,security may1 in the discretion of the ,attorney ,general or the ,secretary1 waive the application of clause 7i7 or 7ii77,i7 for an alien1 regardless whether the alien is within or outside the ,united ,states1 if the ,attorney ,general or the ,secretary finds that a determination of inadmissibility to the ,united ,states for such alien would-- 7,i7 result in extreme hardship to the alien or to the alien's parent1 spouse1 son1 or daughter who is a citizen of the ,united ,states or an alien lawfully admitted for permanent residence2 or 7,,ii7 in the case of a ,,vawa self-petitioner1 result in significant hardship to the alien or a parent or child of the alien who is a citizen of the ,united ,states1 an alien lawfully admitted for permanent residence1 or a qualified alien 7as defined in section #dca of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda7;b7774 7iv7 ,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 7iii74 4 7,b7 ,conforming amendment ,section #bab 7#h ,u4,s4,c4 #aahb7 is amended by striking subsection 7i74 7#b7 ,deportability ,section #bcg7;a77#c77;,d7 7#h ,u4,s4,c4 #abbg7;a77#c77;,d77 is amended to read as follows3 7,d7 ,falsely claiming citizenship ,any alien described in section #bab7;a77#f77;,c77ii7 is deportable4 4 #bcaf4 ,continuous presence ,section #bdj;,a7d77#a7 7#h ,u4,s4,c4 #abbi;b7d77#a77 is amended to read as follows3 7#a7 ,termination of continuous period ,for purposes of this section1 any period of continuous residence or continuous physical presence in the ,united ,states shall be deemed to end1 except in the case of an alien who applies for cancellation of removal under subsection 7b77#b71 on the date that a notice to appear is filed with the ,executive ,office for ,immigration ,review pursuant to section #bdj4 4 #bcag4 ,global health care cooperation 7a7 ,temporary absence of aliens providing health care in developing countries 7#a7 ,in general ,title ,,iii 7#h ,u4,s4,c4 #adja et seq47 is amended by inserting after section #cag the following3 #cag;,a4 ,temporary absence of aliens providing health care in developing countries 7a7 ,in general ,notwithstanding any other provision of this ,act1 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 country4 ,during such period the eligible alien and such spouse or child shall be considered-- 7#a7 to be physically present and residing in the ,united ,states for purposes of naturalization under section #caf7;a72 and 7#b7 to meet the continuous residency requirements under section #caf7;b74 7b7 ,definitions ,in this section3 7#a7 ,candidate country ,the term candidate country means a country that the ,secretary of ,state determines to be-- 7,a7 eligible for assistance from the ,international ,development ,association1 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 year1 as defined by the ,international ,bank for ,reconstruction and ,development2 7,b7 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 year2 or 7,c7 qualified to be a candidate country due to special circumstances1 including natural disasters or public health emergencies4 7#b7 ,eligible alien ,the term eligible alien means an alien who-- 7,a7 has been lawfully admitted to the ,united ,states for permanent residence2 and 7,b7 is a physician or other healthcare worker4 7c7 ,consultation ,the ,secretary of ,homeland ,security shall consult with the ,secretary of ,state in carrying out this section4 7d7 ,publication ,the ,secretary of ,state shall publish-- 7#a7 not later than #ahj days after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 a list of candidate countries2 7#b7 an updated version of the list required by paragraph 7#a7 not less often than once each year2 and 7#c7 an amendment to the list required by paragraph 7#a7 at the time any country qualifies as a candidate country due to special circumstances under subsection 7b77#a77;,c74 4 7#b7 ,rulemaking 7,a7 ,requirement ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall promulgate regulations to carry out the amendments made by this subsection4 7,b7 ,content ,the regulations promulgated pursuant to subparagraph 7,a7 shall-- 7i7 permit an eligible alien 7as defined in section #cag;,a of the ,immigration and ,nationality ,act1 as added by subsection 7a77 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 7a7 of such section #cag;,a for not less than a #ab-month period and not more than a #bd-month period1 and shall permit the ,secretary to extend such period for an additional period not to exceed #ab months1 if the ,secretary determines that such country has a continuing need for such a physician or other healthcare worker2 7ii7 provide for the issuance of documents by the ,secretary to such eligible alien1 and such spouse or child1 if appropriate1 to demonstrate that such eligible alien1 and such spouse or child1 if appropriate1 is authorized to reside in such country under such section #cag;,a2 and 7iii7 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 7a7 of such section #cag;,a if the ,secretary of ,state determines a country is a candidate country pursuant to subsection 7b77#a77;,c7 of such section #cag;,a4 7#c7 ,technical and conforming amendments 7,a7 ,definition ,section #aja7;a77#ac77;,c77ii7 7#h ,u4,s4,c4 #aaja7;a77#ac77;,c77ii77 is amended by adding except in the case of an eligible alien1 or the spouse or child of such alien1 who is authorized to be absent from the ,united ,states under section #cag;,a1 at the end4 7,b7 ,documentary requirements ,section #baa7;b7 7#h ,u4,s4,c4 #aaha7;b77 is amended by inserting 1 including an eligible alien authorized to reside in a foreign country under section #cag;,a and the spouse or child of such eligible alien1 if appropriate1 after #aja7;a77#bg77;,a714 7,c7 ,ineligible aliens ,section #bab7;a77#g77;,a77i77,i7 7#h ,u4,s4,c4 #aahb7;a77#g77;,a77i77,i77 is amended by inserting other than an eligible alien authorized to reside in a foreign country under section #cag;,a and the spouse or child of such eligible alien1 if appropriate1 after ,act14 7#d7 ,clerical amendment ,the table of contents of such ,act is amended by inserting after the item relating to section #cag the following3 ,sec4 #cag;,a4 ,temporary absence of aliens providing health care in developing countries4 4 7b7 ,attestation by health care workers 7#a7 ,attestation requirement ,section #bab7;a77#e7 7#h ,u4,s4,c4 #aahb7;a77#e77 is amended by adding at the end the following3 7,e7 ,health care workers with other obligations 7i7 ,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 ,state1 as appropriate1 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 residence4 7ii7 ,obligation defined ,in this subparagraph1 the term obligation means an obligation incurred as part of a valid1 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 residence4 7iii7 ,waiver ,the ,secretary of ,homeland ,security may waive a finding of inadmissibility under clause 7i7 if the ,secretary determines that-- 7,i7 the obligation was incurred by coercion or other improper means2 7,,ii7 the alien and the government of the country to which the alien has an outstanding obligation have reached a valid1 voluntary agreement1 pursuant to which the alien's obligation has been deemed satisfied1 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 means2 or 7,,iii7 the obligation should not be enforced due to other extraordinary circumstances1 including undue hardship that would be suffered by the alien in the absence of a waiver4 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 7#c7 ,application ,not later than the effective date described in paragraph 7#b71 the ,secretary shall begin to carry out subparagraph 7,e7 of section #bab7;a77#e7 of the ,immigration and ,nationality ,act1 as added by paragraph 7#a71 including the requirement for the attestation and the granting of a waiver described in clause 7iii7 of such subparagraph 7,e71 regardless of whether regulations to implement such subparagraph have been promulgated4 #bcah4 ,extension and improvement of the ,iraqi special immigrant visa program ,the ,refugee ,crisis in ,iraq ,act of #bjjg 7#h ,u4,s4,c4 #aaeg note7 is amended-- 7#a7 in section #abdb1 by amending subsection 7c7 to read as follows3 7c7 ,improved application process ,not later than #abj days after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 the ,secretary of ,state and the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,defense1 shall improve the efficiency by which applications for special immigrant visas under section #abdd7;a7 are processed so that all steps incidental to the issuance of such visas1 including required screenings and background checks1 are completed not later than #i months after the date on which an eligible alien applies for such visa4 2 7#b7 in section #abdd-- 7,a7 in subsection 7b7-- 7i7 in paragraph 7#a7-- 7,i7 by amending subparagraph 7,b7 to read as follows3 7,b7 was or is employed in ,iraq on or after ,march #bj1 #bjjc1 for not less than #a year1 by1 or on behalf of-- 7i7 the ,united ,states ,government2 7ii7 a media or nongovernmental organization headquartered in the ,united ,states2 or 7iii7 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 contract1 award1 grant1 or cooperative agreement2 2 7,,ii7 in subparagraph 7,c71 by striking the ,united ,states ,government and inserting an entity or organization described in subparagraph 7,b72 and 7,,iii7 in subparagraph 7,d71 by striking by striking the ,united ,states ,government4 and inserting such entity or organization42 and 7ii7 in paragraph 7#d7-- 7,i7 by striking ,a recommendation and inserting the following3 7,a7 ,in general ,except as provided under subparagraph 7,b71 a recommendation 2 7,,ii7 by striking the ,united ,states ,government prior and inserting an entity or organization described in paragraph 7#a77;,b7 prior2 and 7,,iii7 by adding at the end the following3 7,b7 ,review process for denial by ,chief of ,mission 7i7 ,in general ,an applicant who has been denied ,chief of ,mission approval required by subparagraph 7,a7 shall-- 7,i7 receive a written decision2 and 7,,ii7 be provided #abj days from the date of the decision to request reopening of the decision to provide additional information1 clarify existing information1 or explain any unfavorable information4 7ii7 ,senior coordinator ,the ,secretary of ,state shall designate1 in the ,embassy of the ,united ,states in ,baghdad1 ,iraq1 a senior coordinator responsible for overseeing the efficiency and integrity of the processing of special immigrant visas under this section1 who shall be given-- 7,i7 sufficiently high security clearance to review ,chief of ,mission denials in cases that appear to have relied upon insufficient or incorrect information2 and 7,,ii7 responsibility for ensuring that an applicant described in clause 7i7 receives the information described in clause 7i77,i74 2 and 7,b7 in subsection 7c77#c71 by adding at the end the following3 7,c7 ,subsequent fiscal years ,notwithstanding subparagraphs 7,a7 and 7,b71 and consistent with subsection 7b71 any unused balance of the total number of principal aliens who may be provided special immigrant status under this section in fiscal years #bjjh through #bjab may be carried forward and provided through the end of fiscal year #bjah4 2 and 7#c7 in section #abdh1 by adding at the end the following3 7f7 ,report on improvements 7#a7 ,in general ,not later than #abj days after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 the ,secretary of ,state and the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,defense1 shall submit a report1 with a classified annex1 if necessary1 to-- 7,a7 the ,committee on the ,judiciary of the ,senate2 7,b7 the ,committee on ,foreign ,relations of the ,senate2 7,c7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,d7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#b7 ,contents ,the report submitted under paragraph 7#a7 shall describe the implementation of improvements to the processing of applications for special immigrant visas under section #abdd7;a71 including information relating to-- 7,a7 enhancing existing systems for conducting background and security checks of persons applying for special immigrant status1 which shall-- 7i7 support immigration security2 and 7ii7 provide for the orderly processing of such applications without delay2 7,b7 the financial1 security1 and personnel considerations and resources necessary to carry out this subtitle2 7,c7 the number of aliens who have applied for special immigrant visas under section #abdd during each month of the preceding fiscal year2 7,d7 the reasons for the failure to expeditiously process any applications that have been pending for longer than #i months2 7,e7 the total number of applications that are pending due to the failure-- 7i7 to receive approval from the ,chief of ,mission2 7ii7 for ,u4,s4 ,citizenship and ,immigration ,services to complete the adjudication of the ,form ,i-#cfj2 7iii7 to conduct a visa interview2 or 7iv7 to issue the visa to an eligible alien2 7,f7 the average wait times for an applicant at each of the stages described in subparagraph 7,e72 7,g7 the number of denials or rejections at each of the stages described in subparagraph 7,e72 and 7,h7 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 ,mission4 7g7 ,public quarterly reports ,not later than #abj days after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 and every #c months thereafter1 the ,secretary of ,state and the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,defense1 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 #abdd7;a7 are processed1 including information described in subparagraphs 7,c7 through 7,h7 of subsection 7f77#b74 4 #bcai4 ,extension and improvement of the ,afghan special immigrant visa program ,section #fjb7;b7 of the ,afghan ,allies ,protection ,act of #bjji 7#h ,u4,s4,c4 #aaja note7 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a7-- 7i7 by amending clause 7ii7 to read as follows3 7ii7 was or is employed in ,afghanistan on or after ,october #g1 #bjja1 for not less than #a year1 by1 or on behalf of-- 7,i7 the ,united ,states ,government2 7,,ii7 a media or nongovernmental organization headquartered in the ,united ,states2 or 7,,iii7 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 contract1 award1 grant1 or cooperative agreement2 2 7ii7 in clause 7iii71 by striking the ,united ,states ,government and inserting an entity or organization described in clause 7ii72 and 7iii7 in clause 7iv71 by striking by striking the ,united ,states ,government4 and inserting such entity or organization42 7,b7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,family members ,an alien is described in this subparagraph if the alien is-- 7i7 the spouse or minor child of a principal alien described in subparagraph 7,a7 who is accompanying or following to join the principal alien in the ,united ,states2 or 7ii7 7,i7 the spouse1 child1 parent1 or sibling of a principal alien described in subparagraph 7,a71 whether or not accompanying or following to join2 and 7,,ii7 has experienced or is experiencing an ongoing serious threat as a consequence of the qualifying employment of a principal alien described in subparagraph 7,a74 2 and 7,c7 in subparagraph 7,d7-- 7i7 by striking ,a recommendation and inserting the following3 7i7 ,in general ,except as provided under clause 7ii71 a recommendation 2 7ii7 by striking the ,united ,states ,government prior and inserting an entity or organization described in paragraph 7#b77;,a77ii7 prior2 and 7iii7 by adding at the end the following3 7ii7 ,review process for denial by ,chief of ,mission 7,i7 ,in general ,an applicant who has been denied ,chief of ,mission approval shall-- 7aa7 receive a written decision2 and 7bb7 be provided #abj days from the date of receipt of such opinion to request reconsideration of the decision to provide additional information1 clarify existing information1 or explain any unfavorable information4 7,,ii7 ,senior coordinator ,the ,secretary of ,state shall designate1 in the ,embassy of the ,united ,states in ,kabul1 ,afghanistan1 a senior coordinator responsible for overseeing the efficiency and integrity of the processing of special immigrant visas under this section1 who shall be given-- 7aa7 sufficiently high security clearance to review ,chief of ,mission denials in cases that appear to have relied upon insufficient or incorrect information2 and 7bb7 responsibility for ensuring that an applicant described in subclause 7,i7 receives the information described in subclause 7,i77aa74 2 7#b7 in paragraph 7#c77;,c71 by amending clause 7iii7 to read as follows3 7iii7 ,fiscal years #bjad through #bjah ,for each of the fiscal years #bjad through #bjah1 the total number of principal aliens who may be provided special immigrant status under this section may not exceed the sum of-- 7,i7 #e1jjj2 7,,ii7 the difference between the number of special immigrant visas allocated under this section for fiscal years #bjji through #bjac and the number of such allocated visas that were issued2 and 7,,iii7 any unused balance of the total number of principal aliens who may be provided special immigrant status in fiscal years #bjad through #bjah that have been carried forward4 2 7#c7 in paragraph 7#d7-- 7,a7 in the heading1 by striking ,prohibition on fees4-- and inserting ,application process4--2 7,b7 by striking ,the ,secretary and inserting the following3 7,a7 ,in general ,not later than #abj days after the date of enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 the ,secretary of ,state and the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,defense1 shall improve the efficiency by which applications for special immigrant visas under paragraph 7#a7 are processed so that all steps incidental to the issuance of such visas1 including required screenings and background checks1 are completed not later than #f months after the date on which an eligible alien applies for such visa4 7,b7 ,prohibition on fees ,the ,secretary 2 and 7#d7 by adding at the end the following3 7#ab7 ,report on improvements ,not later than #abj days after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 the ,secretary of ,state and the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,defense1 shall submit to the appropriate committees of ,congress a report1 with a classified annex1 if necessary1 that describes the implementation of improvements to the processing of applications for special immigrant visas under this subsection1 including information relating to-- 7,a7 enhancing existing systems for conducting background and security checks of persons applying for special immigrant status1 which shall-- 7i7 support immigration security2 and 7ii7 provide for the orderly processing of such applications without delay2 7,b7 the financial1 security1 and personnel considerations and resources necessary to carry out this section2 7,c7 the number of aliens who have applied for special immigrant visas under this subsection during each month of the preceding fiscal year2 7,d7 the reasons for the failure to expeditiously process any applications that have been pending for longer than #i months2 7,e7 the total number of applications that are pending due to the failure-- 7i7 to receive approval from the ,chief of ,mission2 7ii7 for ,u4,s4 ,citizenship and ,immigration ,services to complete the adjudication of the ,form ,i-#cfj2 7iii7 to conduct a visa interview2 or 7iv7 to issue the visa to an eligible alien2 7,f7 the average wait times for an applicant at each of the stages described in subparagraph 7,e72 7,g7 the number of denials or rejections at each of the stages described in subparagraph 7,e72 and 7,h7 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 ,mission4 7#ac7 ,public quarterly reports ,not later than #abj days after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 and every #c months thereafter1 the ,secretary of ,state and the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,defense1 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 processed1 including information described in subparagraph 7,c7 through 7,h7 of paragraph 7#ab74 4 #bcbj4 ,special ,immigrant ,nonminister ,religious ,worker ,program ,section #aja7;a77#bg77;,c77ii7 7#h ,u4,s4,c4 #aaja 7a77#bg77;,c77ii77 is amended in subclauses 7,,ii7 and 7,,iii7 by striking before ,september #cj1 #bjae1 both places such term appears4 #bcba4 ,special immigrant status for certain surviving spouses and children 7a7 ,in general ,section #aja7;a77#bg7 7#h ,u4,s4,c4 #aaja7;a77#bg77 is amended in subparagraph 7,d7-- 7#a7 by inserting 7i7 before an immigrant who is an employee2 7#b7 by inserting or after grant such status22 and 7#c7 by inserting after clause 7i71 as designated by paragraph 7#a71 the following3 7ii7 an immigrant who is the surviving spouse or child of an employee of the ,united ,states ,government abroad killed in the line of duty1 provided that the employee had performed faithful service for a total of #ae years1 or more1 and that the principal officer of a ,foreign ,service establishment 7or1 in the case of the ,american ,institute of ,taiwan1 the ,director thereof7 in his or her discretion1 recommends the granting of special immigrant status to the spouse or child and the ,secretary of ,state approves such recommendation and finds that it is in the national interest to grant such status2 4 7b7 ,effective date ,the amendments made by subsection 7a7 take effect beginning on ,january #ca1 #bjac1 and shall have retroactive effect4 #bcbb4 ,reunification of certain families of ,filipino veterans of ,world ,war ,,ii 7a7 ,short title ,this section may be cited as the ,filipino ,veterans ,family ,reunification ,act4 7b7 ,exemption from immigrant visa limit ,section #bja7;b77#a7 7#h ,u4,s4,c4 #aaea7;b77#a771 as amended by sections #bajc7;c71 #bbab7;d71 and #bcjg7;b71 is further amended by adding at the end the following3 7,o7 ,aliens who-- 7i7 are the sons or daughters of a citizen of the ,united ,states2 and 7ii7 have a parent 7regardless of whether the parent is living or dead7 who was naturalized pursuant to-- 7,i7 section #dje of the ,immigration ,act of #aiij 7,public ,law #aja-fdi2 #h ,u4,s4,c4 #addj note72 or 7,,ii7 title ,,iii of the ,act of ,october #ad1 #aidj 7#ed ,stat4 #aacg1 chapter #hgf71 as added by section #ajja of the ,second ,war ,powers ,act1 #aidb 7#ef ,stat4 #ahb1 chapter #aii74 4 #bcbc4 ,ensuring compliance with restrictions on welfare and public benefits for aliens 7a7 ,general ,prohibition ,no officer or employee of the ,federal ,government may-- 7#a7 waive compliance with any requirement in title ,,iv of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afja et seq47 in effect on the date of enactment of this ,act or with any restriction on eligibility for any form of assistance or benefit described in section #djc7;a7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac7;a77 established under a provision of this ,act or an amendment made by this ,act2 7#b7 waive the prohibition under subsection 7d77#c7 of section #bde;,b of the ,immigration and ,nationality ,act 7as added by section #baja of this ,act7 on eligibility for ,federal means-tested public benefits for any alien granted registered provisional immigrant status under section #bde;,b of the ,immigration and ,nationality ,act2 7#c7 waive the prohibition under subsection 7c77#c7 of section #bbaa of this ,act on eligibility for ,federal means-tested public benefits for any alien granted blue card status under that section2 7#d7 waive the prohibition under subsection 7c7 of section #bcji of this ,act on eligibility for ,federal means-tested public benefits for any noncitizen who is lawfully present in the ,united ,states pursuant to section #aja7;a77#ae77,v7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,v77 7as amended by section #bcji7;a772 or 7#e7 waive the prohibition under subsection 7w77#b77;,c7 of section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7w77#b77;,c77 7as added by section #dejd7;b7 of this ,act7 on eligibility for any assistance or benefits described in section #djc7;a7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac7;a77 for any alien described in section #aja7;a77#ae77,y7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,y7 7as added by section #dejd of this ,act7 who is issued a nonimmigrant visa4 7b7 ,ensuring compliance with federal welfare law 7#a7 ,no waiver of requirements ,notwithstanding section #aaae7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acae7;a771 the ,secretary of ,health and ,human ,services shall not waive compliance by a ,state1 or otherwise permit a ,state to not comply1 with the requirements for the temporary assistance for needy families program referenced in section #djh7;e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fjh7;e77 and the requirements for that program in section #djh7;g7 of such ,act 7#db ,u4,s4,c4 #fjh7;g774 7#b7 ,no waiver of penalties ,the ,secretary of ,health and ,human ,services shall apply section #dji of the ,social ,security ,act 7#db ,u4,s4,c4 #fji7 to any ,state that fails to comply with any of the requirements specified in paragraph 7#a74 ,d ,conrad ,state #cj and physician access #bdja4 ,conrad ,state #cj ,program ,section #bbj7;c7 of the ,immigration and ,nationality ,technical ,corrections ,act of #aiid 7,public ,law #ajc-daf2 #h ,u4,s4,c4 #aahb note7 is amended by striking and before ,september #cj1 #bjae4 #bdjb4 ,retaining physicians who have practiced in medically underserved communities ,section #bja7;b77#a7 7#h ,u4,s4,c4 #aaea7;b77#a771 as amended by sections #bajc7;c71 #bbab7;d77#b71 #bcjg7;b71 and #bcbc7;b7 is further amended by adding at the end the following3 7,p7 7i7 ,alien physicians who have completed service requirements of a waiver requested under section #bjc7;b77#b77;,b77ii71 including alien physicians who completed such service before the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act and any spouses or children of such alien physicians4 7ii7 ,nothing in this subparagraph may be construed-- 7,i7 to prevent the filing of a petition with the ,secretary of ,homeland ,security for classification under section #bjd7;a7 or the filing of an application for adjustment of status under section #bde by an alien physician described in this subparagraph prior to the date by which such alien physician has completed the service described in section #bad7l7 or worked full-time as a physician for an aggregate of #e years at the location identified in the section #bad7l7 waiver or in an area or areas designated by the ,secretary of ,health and ,human ,services as having a shortage of health care professionals2 or 7,,ii7 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 #bad7l74 4 #bdjc4 ,employment protections for physicians 7a7 ,in general ,section #bad7l77#a77;,c7 7#h ,u4,s4,c4 #aahd7l77#a77;,c77 is amended by striking clauses 7i7 and 7ii7 and inserting the following3 7i7 the alien demonstrates a bona fide offer of full-time employment1 at a health care organization1 which employment has been determined by the ,secretary of ,homeland ,security to be in the public interest2 and 7ii7 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 #ij days after receiving such waiver1 #ij days after completing graduate medical education or training under a program approved pursuant to section #bab7;j77#a71 or #ij days after receiving nonimmigrant status or employment authorization1 provided that the alien or the alien's employer petitions for such nonimmigrant status or employment authorization within #ij days of completing graduate medical education or training and agrees to continue to work for a total of not less than #c years in any status authorized for such employment under this subsection1 unless-- 7,i7 the ,secretary determines that extenuating circumstances exist that justify a lesser period of employment at such facility or organization1 in which case the alien shall demonstrate another bona fide offer of employment at a health facility or health care organization1 for the remainder of such #c-year period2 7,,ii7 the interested 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 ,services1 for the remainder of such #c-year period2 or 7,,iii7 if the alien elects not to pursue a determination of extenuating circumstances pursuant to subclause 7,i7 or 7,,ii71 the alien terminates the alien's employment relationship with such facility or organization1 in which case the alien shall be employed for the remainder of such #c-year period1 and #a additional year for each termination1 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 professionals2 and 4 7b7 ,physician employment in underserved areas ,section #bad7l77#a7 7#h ,u4,s4,c4 #aahd7l77#a771 as amended by subsection 7a71 is further amended by adding at the end the following3 7,e7 ,if a physician pursuing graduate medical education or training pursuant to section #aja7;a77#ae77;,j7 applies for a ,conrad ,j-#a waiver with an interested ,state department of health and the application is denied because the ,state has requested the maximum number of waivers permitted for that fiscal year1 the physician's nonimmigrant status shall be automatically extended for #f months if the physician agrees to seek a waiver under this subsection 7except for subparagraph 7,d77ii77 to work for an employer in a ,state that has not yet requested the maximum number of waivers4 ,the physician shall be authorized to work only for such employer from the date on which a new waiver application is filed with the ,state until the date on which the ,secretary of ,homeland ,security denies such waiver or issues work authorization for such employment pursuant to the approval of such waiver4 4 7c7 ,graduate medical education or training ,section #bad7;h77#a71 as amended by section #ddja7;b7 of this ,act1 is further amended by inserting 7,j7 7if entering the ,united ,states for graduate medical education or training71 after 7,h77i77c714 7d7 ,contract requirements ,section #bad7l7 7#h ,u4,s4,c4 #aahd7l77 is amended by adding at the end the following3 7#d7 ,an alien granted a waiver under paragraph 7#a77;,c7 shall enter into an employment agreement with the contracting health facility or health care organization that-- 7,a7 specifies the maximum number of on-call hours per week 7which may be a monthly average7 that the alien will be expected to be available and the compensation the alien will receive for on-call time2 7,b7 specifies whether the contracting facility or organization will pay for the alien's malpractice insurance premiums1 including whether the employer will provide malpractice insurance and1 if so1 the amount of such insurance that will be provided2 7,c7 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 waiver2 and 7,d7 does not include a non-compete provision4 7#e7 ,an alien granted a waiver under paragraph 7#a77;,c7 whose employment relationship with a health facility or health care organization terminates during the #c-year service period required by such paragraph-- 7,a7 shall have a period of #abj 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 professionals2 7,b7 shall be considered to be maintaining lawful status in an authorized stay during the #abj-;day period referred to in subsection 7,a72 and 7,c7 shall not be considered to be fulfilling the #c-year term of service during the #abj-;day period referred to in subparagraph 7,a74 4 #bdjd4 ,allotment of ,conrad #cj waivers 7a7 ,in general ,section #bad7l7 7#h ,u4,s4,c4 #aahd7l771 as amended by section #bdjc1 is further amended by adding at the end the following3 7#f7 7,a7 7i7 ,all ,states shall be allotted a total of #ce waivers under paragraph 7#a77;,b7 for a fiscal year if #ij percent of the waivers available to the ,states receiving at least #e waivers were used in the previous fiscal year4 7ii7 ,when an allocation has occurred under clause 7i71 all ,states shall be allotted an additional #e waivers under paragraph 7#a77;,b7 for each subsequent fiscal year if #ij percent of the waivers available to the ,states receiving at least #e waivers were used in the previous fiscal year4 ,if the ,states are allotted #de or more waivers for a fiscal year1 the ,states will only receive an additional increase of #e waivers the following fiscal year if #ie percent of the waivers available to the ,states receiving at least #a waiver were used in the previous fiscal year4 7,b7 ,any increase in allotments under subparagraph 7,a7 shall be maintained indefinitely1 unless in a fiscal year1 the total number of such waivers granted is #e percent lower than in the last year in which there was an increase in the number of waivers allotted pursuant to this paragraph1 in which case-- 7i7 the number of waivers allotted shall be decreased by #e for all ,states beginning in the next fiscal year2 and 7ii7 each additional #e percent decrease in such waivers granted from the last year in which there was an increase in the allotment1 shall result in an additional decrease of #e waivers allotted for all ,states1 provided that the number of waivers allotted for all ,states shall not drop below #cj4 4 7b7 ,academic medical centers ,section #bad7l77#a77;,d7 7#h ,u4,s4,c4 #aahd7l77#a77;,d77 is amended-- 7#a7 in clause 7ii71 by striking and at the end2 7#b7 in clause 7iii71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7iv7 in the case of a request by an interested ,state agency-- 7,i7 the head of such agency determines that the alien is to practice medicine in1 or be on the faculty of a residency program at1 an academic medical center 7as that term is defined in section #daa4cee7;e77#b7 of title #db1 ,code of ,federal ,regulations1 or similar successor regulation71 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 professionals2 and 7,,ii7 the head of such agency determines that-- 7aa7 the alien physician's work is in the public interest2 and 7bb7 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 7within the limitation in subparagraph 7,b7 and subject to paragraph 7#f77 in accordance with the conditions of this clause to exceed #c4 4 #bdje4 ,amendments to the procedures1 definitions1 and other provisions related to physician immigration 7a7 ,allowable visa status for physicians fulfilling waiver requirements in medically underserved areas ,section #bad7l77#b77;,a7 7#h ,u4,s4,c4 #aahd7l77#b77;,a77 is amended by striking an alien described in section #aja7;a77#ae77;,h77i77b74 and inserting any status authorized for employment under this ,act44 7b7 ,short term work authorization for physicians completing their residencies ,a physician completing graduate medical education or training as described in section #bab7;j7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;j77 as a nonimmigrant described in section #aja7;a77#ae77;,h77i7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77i77 shall have such nonimmigrant status automatically extended until ,october #a 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 #a of that fiscal year4 ,such physician shall be authorized to be employed incident to status during the period between the filing of such petition and ,october #a of such fiscal year4 ,however1 the physician's status and employment authorization shall terminate #cj days from the date such petition is rejected1 denied1 or revoked4 ,a physician's status and employment authorization will automatically extend to ,october #a of the next fiscal year if all visas as described in such section #aja7;a77#ae77;,h77i7 authorized to be issued for the fiscal year have been issued4 7c7 ,applicability of section #bab7;e7 to spouses and children of ,j-#a exchange visitors ,a spouse or child of an exchange visitor described in section #aja7;a77#ae77;,j7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,j77 shall not be subject to the requirements of section #bab7;e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;e774 ,e ,integration #beja4 ,definitions ,in this subtitle3 7#a7 ,chief ,the term ,chief means the ,chief of the ,office4 7#b7 ,foundation ,the term ,foundation means the ,united ,states ,citizenship ,foundation established pursuant to section #beca4 7#c7 ,,ieaca grants ,the term ,,ieaca grants means ,initial ,entry1 ,adjustment1 and ,citizenship ,assistance grants authorized under section #becg4 7#d7 ,immigrant integration ,the term immigrant integration means the process by which immigrants-- 7,a7 join the mainstream of civic life by engaging and sharing ownership in their local community1 the ,united ,states1 and the principles of the ,constitution2 7,b7 attain financial self-sufficiency and upward economic mobility for themselves and their family members2 and 7,c7 acquire ,english language skills and related cultural knowledge necessary to effectively participate in their community4 7#e7 ,linguistic integration ,the term linguistic integration means the acquisition1 by limited ,english proficient individuals1 of ,english language skills and related cultural knowledge necessary to meaningfully and effectively fulfill their roles as community members1 family members1 and workers4 7#f7 ,office ,the term ,office means the ,office of ,citizenship and ,new ,americans established in ,u4,s4 ,citizenship and ,immigration ,services under section #beaa4 7#g7 ,receiving communities ,the term receiving communities means the long-term residents of the communities in which immigrants settle4 7#h7 ,task ,force ,the term ,task ,force means the ,task ,force on ,new ,americans established pursuant to section #beba4 7#i7 ,,uscf council ,the term ,,uscf ,council means the ,council of ,directors of the ,foundation4 #a ,citizenship and ,new ,americans ,a ,office of ,citizenship and ,new ,americans #beaa4 ,office of ,citizenship and ,new ,americans 7a7 ,renaming ,office of ,citizenship 7#a7 ,in general ,beginning on the date of the enactment of this ,act1 the ,office of ,citizenship in ,u4,s4 ,citizenship and ,immigration ,services shall be referred to as the ,office of ,citizenship and ,new ,americans4 7#b7 ,references ,any reference in a law1 regulation1 document1 paper1 or other record of the ,united ,states to the ,office of ,citizenship in ,u4,s4 ,citizenship and ,immigration ,services shall be deemed to be a reference to the ,office of ,citizenship and ,new ,americans4 7#c7 ,technical and conforming amendments ,section #dea of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bga7 is amended-- 7,a7 in the section heading1 by striking ,bureau of and inserting ,u4,s42 7,b7 in subsection 7a77#a71 by striking the #8,bureau of and inserting #8,u4,s42 7,c7 by striking the ,bureau of each place such terms appears and inserting ,u4,s42 and 7,d7 in subsection 7f7-- 7i7 by amending the subsection heading to read as follows3 ,office of ,citizenship and ,new ,americans2 and 7ii7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,chief ,the ,office of ,citizenship and ,new ,americans shall be within ,u4,s4 ,citizenship and ,immigration ,services and shall be headed by the ,chief of the ,office of ,citizenship and ,new ,americans4 4 7b7 ,functions ,section #dea7;f7 of such ,act 7#f ,u4,s4,c4 #bga7;f771 as amended by subsection 7a77#c77;,d71 is further amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,functions ,the ,chief of the ,office of ,citizenship and ,new ,americans shall-- 7,a7 promote institutions and provide training on citizenship responsibilities for aliens interested in becoming naturalized citizens of the ,united ,states1 including the development of educational materials for such aliens2 7,b7 provide general leadership1 consultation1 and coordination of the immigrant integration programs across the ,federal ,government and with ,state and local entities2 7,c7 in coordination with the ,task ,force on ,new ,americans established under section #beba of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act-- 7i7 advise the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 the ,secretary of ,homeland ,security1 and the ,domestic ,policy ,council1 on-- 7,i7 the challenges and opportunities relating to the linguistic1 economic1 and civic integration of immigrants and their young children and progress in meeting integration goals and indicators2 and 7,,ii7 immigrant integration considerations relating to ,federal budgets2 7ii7 establish national goals for introducing new immigrants into the ,united ,states and measure the degree to which such goals are met2 7iii7 evaluate the scale1 quality1 and effectiveness of ,federal ,government efforts in immigrant integration and provide advice on appropriate actions2 and 7iv7 identify the integration implications of new or proposed immigration policies and provide recommendations for addressing such implications2 7,d7 serve as a liaison and intermediary with ,state and local governments and other entities to assist in establishing local goals1 task forces1 and councils to assist in-- 7i7 introducing immigrants into the ,united ,states2 and 7ii7 promoting citizenship education and awareness among aliens interested in becoming naturalized citizens of the ,united ,states2 7,e7 coordinate with other ,federal agencies to provide information to ,state and local governments on the demand for existing ,federal and ,state ,english education programs and best practices for immigrants who recently arrived in the ,united ,states2 7,f7 assist ,states in coordinating the activities of the grant programs authorized under sections #becg and #bech of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 7,g7 submit a biennial report to the appropriate congressional committees that describes the activities of the ,office of ,citizenship and ,new ,americans2 and 7,h7 carry out such other functions and activities as ,secretary may assign4 4 7c7 ,effective date ,the amendments made by subsections 7a7 and 7b7 shall take effect on the date that is #a year after the date of the enactment of this ,act4 ,b ,task ,force on ,new ,americans #beba4 ,establishment 7a7 ,in general ,the ,secretary shall establish a ,task ,force on ,new ,americans4 7b7 ,fully functional ,the ,task ,force shall be fully functional not later than #ah months after the date of the enactment of this ,act4 #bebb4 ,purpose ,the purposes of the ,task ,force are-- 7#a7 to establish a coordinated ,federal program and policy response to immigrant integration issues2 and 7#b7 to advise and assist the ,federal ,government in identifying and fostering policies to carry out the policies and goals established under this chapter4 #bebc4 ,membership 7a7 ,in general ,the ,task ,force shall be comprised of-- 7#a7 the ,secretary1 who shall serve as ,chair of the ,task ,force2 7#b7 the ,secretary of the ,treasury2 7#c7 the ,attorney ,general2 7#d7 the ,secretary of ,commerce2 7#e7 the ,secretary of ,labor2 7#f7 the ,secretary of ,health and ,human ,services2 7#g7 the ,secretary of ,housing and ,urban ,development2 7#h7 the ,secretary of ,transportation2 7#i7 the ,secretary of ,education2 7#aj7 the ,director of the ,office of ,management and ,budget2 7#aa7 the ,administrator of the ,small ,business ,administration2 7#ab7 the ,director of the ,domestic ,policy ,council2 7#ac7 the ,director of the ,national ,economic ,council2 and 7#ad7 the ,national ,security ,advisor4 7b7 ,delegation ,a member of the ,task ,force may delegate a senior official1 at the ,assistant ,secretary1 ,deputy ,administrator1 ,deputy ,director1 or ,assistant ,attorney ,general level1 to perform the functions of a ,task ,force member described in section #bebd4 #bebd4 ,functions 7a7 ,meetings2 functions ,the ,task ,force shall-- 7#a7 meet at the call of the ,chair2 and 7#b7 perform such functions as the ,secretary may prescribe4 7b7 ,coordinated response ,the ,task ,force shall work with executive branch agencies-- 7#a7 to provide a coordinated ,federal response to issues that impact the lives of new immigrants and receiving communities1 including-- 7,a7 access to youth and adult education programming2 7,b7 workforce training2 7,c7 health care policy2 7,d7 access to naturalization2 and 7,e7 community development challenges2 and 7#b7 to ensure that ,federal programs and policies adequately address such impacts4 7c7 ,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 ,force1 including-- 7#a7 creating integration goals and indicators2 7#b7 implementing the biannual consultation process with the agency's ,state and local counterparts2 and 7#c7 reporting on agency data collection1 policy1 and program efforts relating to achieving the goals and indicators referred to in paragraph 7#a74 7d7 ,recommendations ,not later than #ah months after the end of the period specified in section #beba7;b71 the ,task ,force shall-- 7#a7 provide recommendations to the ,domestic ,policy ,council and the ,secretary on the effects of pending legislation and executive branch policy proposals2 7#b7 suggest changes to ,federal programs or policies to address issues of special importance to new immigrants and receiving communities2 7#c7 review and recommend changes to policies that have a distinct impact on new immigrants and receiving communities2 and 7#d7 assist in the development of legislative and policy proposals of special importance to new immigrants and receiving communities4 #b ,public-private partnership #beca4 ,establishment of ,united ,states ,citizenship ,foundation ,the ,secretary1 acting through the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 is authorized to establish a nonprofit corporation or a not-for-profit1 public benefit1 or similar entity1 which shall be known as the ,united ,states ,citizenship ,foundation4 #becb4 ,funding 7a7 ,gifts to foundation ,in order to carry out the purposes set forth in section #becc1 the ,foundation may-- 7#a7 solicit1 accept1 and make gifts of money and other property in accordance with section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf2 7#b7 engage in coordinated work with the ,department1 including the ,office and ,u4,s4 ,citizenship and ,immigration ,services2 and 7#c7 accept1 hold1 administer1 invest1 and spend any gift1 devise1 or bequest of real or personal property made to the ,foundation4 7b7 ,gifts to office of citizenship and new americans ,the ,office may accept gifts from the ,foundation to support the functions of the ,office4 #becc4 ,purposes ,the purposes of the ,foundation are-- 7#a7 to expand citizenship preparation programs for lawful permanent residents2 7#b7 to provide direct assistance for aliens seeking provisional immigrant status1 legal permanent resident status1 or naturalization as a ,united ,states citizen2 and 7#c7 to coordinate immigrant integration with ,state and local entities4 #becd4 ,authorized activities ,the ,foundation shall carry out its purpose by-- 7#a7 making ,united ,states citizenship instruction and naturalization application services accessible to low-income and other underserved lawful permanent resident populations2 7#b7 developing1 identifying1 and sharing best practices in ,united ,states citizenship preparation2 7#c7 supporting innovative and creative solutions to barriers faced by those seeking naturalization2 7#d7 increasing the use of1 and access to1 technology in ,united ,states citizenship preparation programs2 7#e7 engaging receiving communities in the ,united ,states citizenship and civic integration process2 7#f7 administering the ,new ,citizens ,award ,program to recognize1 in each calendar year1 not more than #aj ,united ,states citizens who-- 7,a7 have made outstanding contributions to the ,united ,states2 and 7,b7 have been naturalized during the #aj-year period ending on the date of such recognition2 7#g7 fostering public education and awareness2 7#h7 coordinating its immigrant integration efforts with the ,office2 7#i7 awarding grants to eligible public or private nonprofit organizations under section #becg2 and 7#aj7 awarding grants to ,state and local governments under section #bech4 #bece4 ,council of directors 7a7 ,members ,to the extent consistent with section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf1 the ,foundation shall have a ,council of ,directors1 which shall be comprised of-- 7#a7 the ,director of ,u4,s4 ,citizenship and ,immigration ,services2 7#b7 the ,chief of the ,office of ,citizenship and ,new ,americans2 and 7#c7 #aj directors1 appointed by the ex-officio directors designated in paragraphs 7#a7 and 7#b71 from national community-based organizations that promote and assist permanent residents with naturalization4 7b7 ,appointment of executive director ,the ,,uscf ,council shall appoint an ,executive ,director1 who shall oversee the day-to-day operations of the ,foundation4 #becf4 ,powers ,the ,executive ,director is authorized to carry out the purposes set forth in section #becc on behalf of the ,foundation by-- 7#a7 accepting1 holding1 administering1 investing1 and spending any gift1 devise1 or bequest of real or personal property made to the ,foundation2 7#b7 entering into contracts and other financial assistance agreements with individuals1 public or private organizations1 professional societies1 and government agencies to carry out the functions of the ,foundation2 7#c7 entering into such other contracts1 leases1 cooperative agreements1 and other transactions as the ,executive ,director considers appropriate to carry out the activities of the ,foundation2 and 7#d7 charging such fees for professional services furnished by the ,foundation as the ,executive ,director determines reasonable and appropriate4 #becg4 ,initial ,entry1 ,adjustment1 and ,citizenship ,assistance ,grant ,program 7a7 ,authorization ,the ,secretary1 acting through the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 may award ,initial ,entry1 ,adjustment1 and ,citizenship ,assistance grants to eligible public or private1 nonprofit organizations4 7b7 ,use of grant funds ,,ieaca grants shall be used for the design and implementation of programs that provide direct assistance1 within the scope of the authorized practice of immigration law-- 7#a7 to aliens who are preparing an initial application for registered provisional immigrant status under section #bde;,b of the ,immigration and ,nationality ,act and to aliens who are preparing an initial application for blue card status under section #bbaa1 including assisting applicants in-- 7,a7 screening to assess prospective applicants' potential eligibility or lack of eligibility2 7,b7 completing applications2 7,c7 gathering proof of identification1 employment1 residence1 and tax payment2 7,d7 gathering proof of relationships of eligible family members2 7,e7 applying for any waivers for which applicants and qualifying family members may be eligible2 and 7,f7 any other assistance that the ,secretary or grantee considers useful to aliens who are interested in applying for registered provisional immigrant status2 7#b7 to aliens seeking to adjust their status under section #bde1 #bde;,b1 #bde;,c1 or #bde;,f of the ,immigration and ,nationality ,act2 7#c7 to legal permanent residents seeking to become naturalized ,united ,states citizens2 and 7#d7 to applicants on-- 7,a7 the rights and responsibilities of ,united ,states citizenship2 7,b7 civics-based ,english as a second language2 7,c7 civics1 with a special emphasis on common values and traditions of ,americans1 including an understanding of the history of the ,united ,states and the principles of the ,constitution2 and 7,d7 applying for ,united ,states citizenship4 #bech4 ,pilot program to promote immigrant integration at ,state and local levels 7a7 ,grants authorized ,the ,chief shall establish a pilot program through which the ,chief may award grants1 on a competitive basis1 to ,states and local governments or other qualifying entities1 in collaboration with ,state and local governments-- 7#a7 to establish ,new ,immigrant ,councils to carry out programs to integrate new immigrants2 or 7#b7 to carry out programs to integrate new immigrants4 7b7 ,application ,a ,state or local government desiring a grant under this section shall submit an application to the ,chief at such time1 in such manner1 and containing such information as the ,chief may reasonably require1 including-- 7#a7 a proposal to meet an objective or combination of objectives set forth in subsection 7d77#c72 7#b7 the number of new immigrants in the applicant's jurisdiction2 and 7#c7 a description of the challenges in introducing and integrating new immigrants into the ,state or local community4 7c7 ,priority ,in awarding grants under this section1 the ,chief shall give priority to ,states and local governments or other qualifying entities that-- 7#a7 use matching funds from non-,federal sources1 which may include in-kind contributions2 7#b7 demonstrate collaboration with public and private entities to achieve the goals of the comprehensive plan developed pursuant to subsection 7d77#c72 7#c7 are #a of the #aj ,states with the highest rate of foreign-born residents2 or 7#d7 have experienced a large increase in the population of immigrants during the most recent #aj-year period relative to past migration patterns1 based on data compiled by the ,office of ,immigration ,statistics or the ,united ,states ,census ,bureau4 7d7 ,authorized activities ,a grant awarded under this subsection may be used-- 7#a7 to form a ,new ,immigrant ,council1 which shall-- 7,a7 consist of between #ae and #ai individuals1 inclusive1 from the ,state1 local government1 or qualifying organization2 7,b7 include1 to the extent practicable1 representatives from-- 7i7 business2 7ii7 faith-based organizations2 7iii7 civic organizations2 7iv7 philanthropic organizations2 7v7 nonprofit organizations1 including those with legal and advocacy experience working with immigrant communities2 7vi7 key education stakeholders1 such as ,state educational agencies1 local educational agencies1 community colleges1 and teachers2 7vii7 ,state adult education offices2 7viii7 ,state or local public libraries2 and 7ix7 ,state or local governments2 and 7,c7 meet not less frequently than once each quarter2 7#b7 to provide subgrants to local communities1 city governments1 municipalities1 nonprofit organizations 7including veterans' and patriotic organizations71 or other qualifying entities2 7#c7 to develop1 implement1 expand1 or enhance a comprehensive plan to introduce and integrate new immigrants into the ,state by-- 7,a7 improving ,english language skills2 7,b7 engaging caretakers with limited ,english proficiency in their child's education through interactive parent and child literacy activities2 7,c7 improving and expanding access to workforce training programs2 7,d7 teaching ,united ,states history1 civics education1 citizenship rights1 and responsibilities2 7,e7 promoting an understanding of the form of government and history of the ,united ,states and the principles of the ,constitution2 7,f7 improving financial literacy2 and 7,g7 focusing on other key areas of importance to integration in our society2 and 7#d7 to engage receiving communities in the citizenship and civic integration process by-- 7,a7 increasing local service capacity2 7,b7 building meaningful connections between newer immigrants and long-time residents2 7,c7 communicating the contributions of receiving communities and new immigrants2 and 7,d7 engaging leaders from all sectors of the community4 7e7 ,reporting and evaluation 7#a7 ,annual report ,each grant recipient shall submit an annual report to the ,office that describes-- 7,a7 the activities undertaken by the grant recipient1 including how such activities meet the goals of the ,office1 the ,foundation1 and the comprehensive plan described in subsection 7d77#c72 7,b7 the geographic areas being served2 7,c7 the number of immigrants in such areas2 and 7,d7 the primary languages spoken in such areas4 7#b7 ,annual evaluation ,the ,chief shall conduct an annual evaluation of the grant program established under this section-- 7,a7 to assess and improve the effectiveness of such grant program2 7,b7 to assess the future needs of immigrants and of ,state and local governments related to immigrants2 and 7,c7 to ensure that grantees recipients and subgrantees are acting within the scope and purpose of this subchapter4 #beci4 ,naturalization ceremonies 7a7 ,in general ,the ,chief1 in consultation with the ,director of the ,national ,park ,service1 the ,archivist of the ,united ,states1 and other appropriate ,federal officials1 shall develop and implement a strategy to enhance the public awareness of naturalization ceremonies4 7b7 ,venues ,in developing the strategy under subsection 7a71 the ,secretary shall consider the use of outstanding and historic locations as venues for select naturalization ceremonies4 7c7 ,reporting requirement ,the ,secretary shall annually submit a report to ,congress that contains-- 7#a7 the content of the strategy developed under subsection 7a72 and 7#b7 the progress made towards the implementation of such strategy4 #c ,funding #beda4 ,authorization of appropriations 7a7 ,office of ,citizenship and ,new ,americans ,in addition to any amounts otherwise made available to the ,office1 there are authorized to be appropriated to carry out the functions described in section #dea7;f77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bga7;f77#b771 as amended by section #beaa7;b7-- 7#a7 #aj1jjj1jjj for the #e-year period ending on ,september #cj1 #bjah2 and 7#b7 such sums as may be necessary for fiscal year #bjai and subsequent fiscal years4 7b7 ,grant programs ,there are authorized to be appropriated to implement the grant programs authorized under sections #becg and #bech1 and to implement the strategy under section #beci-- 7#a7 #ajj1jjj1jjj for the #e-year period ending on ,september #cj1 #bjah2 and 7#b7 such sums as may be necessary for fiscal year #bjai and subsequent fiscal years4 #d ,reduce barriers to naturalization #beea4 ,waiver of ,english requirement for senior new ,americans ,section #cab 7#h ,u4,s4,c4 #adbc7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,the requirements under subsection 7a7 shall not apply to any person who-- 7#a7 is unable to comply with such requirements because of physical or mental disability1 including developmental or intellectual disability2 or 7#b7 on the date on which the person's application for naturalization is filed under section #ccd-- 7,a7 is older than #fe years of age2 and 7,b7 has been living in the ,united ,states for periods totaling at least #e years after being lawfully admitted for permanent residence4 7c7 ,the requirement under subsection 7a77#a7 shall not apply to any person who1 on the date on which the person's application for naturalization is filed under section #ccd-- 7#a7 is older than #ej years of age and has been living in the ,united ,states for periods totaling at least #bj years after being lawfully admitted for permanent residence2 7#b7 is older than #ee years of age and has been living in the ,united ,states for periods totaling at least #ae years after being lawfully admitted for permanent residence2 or 7#c7 is older than #fj years of age and has been living in the ,united ,states for periods totaling at least #aj years after being lawfully admitted for permanent residence4 7d7 ,the ,secretary of ,homeland ,security may waive1 on a case-by-case basis1 the requirement under subsection 7a77#b7 on behalf of any person who1 on the date on which the person's application for naturalization is filed under section #ccd-- 7#a7 is older than #fj years of age2 and 7#b7 has been living in the ,united ,states for periods totaling at least #aj years after being lawfully admitted for permanent residence4 4 #beeb4 ,filing of applications not requiring regular internet access 7a7 ,electronic filing not required 7#a7 ,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 application1 or access to a customer account4 7#b7 ,sunset date ,this subsection shall cease to be effective on ,october #a1 #bjbj4 7b7 ,notification requirement ,beginning on ,october #a1 #bjbj1 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 the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives of such requirement not later than #cj days before the effective date of such requirement4 #beec4 ,permissible use of assisted housing by battered immigrants ,section #bad of the ,housing and ,community ,development ,act of #aihj 7#db ,u4,s4,c4 #adcf;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#f71 by striking 2 or and inserting a semicolon2 7,b7 by redesignating paragraph 7#g7 as paragraph 7#h72 and 7,c7 by inserting after paragraph 7#f7 the following new paragraph3 7#g7 a qualified alien described in section #dca7;c7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda7;c772 or 2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a77;,a71 by striking paragraphs 7#a7 through 7#f7 and inserting paragraphs 7#a7 through 7#g72 and 7,b7 in paragraph 7#b77;,a71 by inserting 7other than a qualified alien described in section #dca7;c7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda7;c777 after any alien4 #beed4 ,united ,states citizenship for internationally adopted individuals 7a7 ,automatic citizenship ,section #ajd of the ,child ,citizenship ,act of #bjjj 7,public ,law #ajf-cie2 #h ,u4,s4,c4 #adca note7 is amended to read as follows3 #ajd4 ,applicability ,the amendments made by this title shall apply to any individual who satisfies the requirements under section #cbj or #cbb of the ,immigration and ,nationality ,act1 regardless of the date on which such requirements were satisfied4 4 7b7 ,modification of preadoption visitation requirement ,section #aja7;b77#a77;,f77i7 7#h ,u4,s4,c4 #aaja7;b77#a77;,f77i771 as amended by section #bcab1 is further amended by striking at least twenty-five years of age1 who personally saw and observed the child prior to or during the adoption proceedings2 and inserting who is at least #be years of age1 at least #a of whom personally saw and observed the child before or during the adoption proceedings24 7c7 ,automatic citizenship for children of ,united ,states citizens who are physically present in the ,united ,states 7#a7 ,in general ,section #cbj7;a77#c7 7#h ,u4,s4,c4 #adca7;a77#c77 is amended to read as follows3 7#c7 ,the child is physically present in the ,united ,states in the legal custody of the citizen parent pursuant to a lawful admission4 4 7#b7 ,applicability to individual's who no longer have legal status ,notwithstanding the lack of legal status or physical presence in the ,united ,states1 a person shall be deemed to meet the requirements under section #cbj of the ,immigration and ,nationality ,act1 as amended by paragraph 7#a71 if the person-- 7,a7 was born outside of the ,united ,states2 7,b7 was adopted by a ,united ,states citizen before the person reached #ah years of age2 7,c7 was legally admitted to the ,united ,states2 and 7,d7 would have qualified for automatic ,united ,states citizenship if the amendments made by paragraph 7#a7 had been in effect at the time of such admission4 7d7 ,retroactive application ,section #cbj7;b7 7#h ,u4,s4,c4 #adca7;b77 is amended by inserting 1 regardless of the date on which the adoption was finalized before the period at the end4 7e7 ,applicability ,the amendments made by this section shall apply to any individual adopted by a citizen of the ,united ,states regardless of whether the adoption occurred prior to1 on1 or after the date of the enactment of the ,child ,citizenship ,act of #bjjj4 #beee4 ,treatment of certain persons as having satisfied ,english and civics1 good moral character1 and honorable service and discharge requirements for naturalization 7a7 ,immigration and ,nationality ,act ,the ,immigration and ,nationality ,act is amended by inserting after section #cbi;,a 7#h ,u4,s4,c4 #addj-a7 the following new section3 #cbi;,b4 ,persons who have received an award for engagement in active combat or active participation in combat 7a7 ,in general 7#a7 ,in general ,for purposes of naturalization and continuing citizenship under the following provisions of law1 a person who has received an award described in subsection 7b7 shall be treated-- 7,a7 as having satisfied the requirements in sections #cab7;a71 #caf7;a77#c71 and subsections 7b77#c71 7c71 and 7e7 of section #cbh2 and 7,b7 except as provided in paragraph 7#b71 under sections #cbh and #cbi1 as having served honorably in the ,armed ,forces for 7in the case of section #cbh7 a period or periods aggregating one year1 and1 if separated from such service1 as having been separated under honorable conditions4 7#b7 ,revocation ,notwithstanding paragraph 7#a77;,b71 any person who separated from the ,armed ,forces under other than honorable conditions may be subject to revocation of citizenship under section #cbh7;f7 or #cbi7;c7 if the other requirements of such section are met4 7b7 ,application ,this section shall apply with respect to the following awards from the ,armed ,forces of the ,united ,states3 7#a7 ,the ,combat ,infantryman ,badge from the ,army4 7#b7 ,the ,combat ,medical ,badge from the ,army4 7#c7 ,the ,combat ,action ,badge from the ,army4 7#d7 ,the ,combat ,action ,ribbon from the ,navy1 the ,marine ,corps1 or the ,coast ,guard4 7#e7 ,the ,air ,force ,combat ,action ,medal4 7#f7 ,any other award that the ,secretary of ,defense determines to be an equivalent award for engagement in active combat or active participation in combat4 4 7b7 ,clerical amendment ,the table of contents of such ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after the item relating to section #cbi;,a the following3 ,sec4 #cbi;,b4 ,persons who have received an award for engagement in active combat or active participation in combat4 4 ,,iii ,interior enforcement ,a ,employment ,verification ,system #caja4 ,unlawful employment of unauthorized aliens 7a7 ,in general ,section #bgd;,a 7#h ,u4,s4,c4 #acbd;a7 is amended to read as follows3 #bgd;,a4 ,unlawful employment of aliens 7a7 ,making employment of unauthorized aliens unlawful 7#a7 ,in general ,it is unlawful for an employer-- 7,a7 to hire1 recruit1 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 employment2 or 7,b7 to hire1 recruit1 or refer for a fee for employment in the ,united ,states an individual without complying with the requirements under subsections 7c7 and 7d74 7#b7 ,continuing employment 7,a7 ,prohibition on continued employment of unauthorized aliens ,it is unlawful for an employer1 after hiring an alien for employment1 to continue to employ the alien in the ,united ,states knowing that the alien is 7or has become7 an unauthorized alien with respect to such employment4 7,b7 ,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 alien4 7#c7 ,use of labor through contract ,for purposes of this section1 any employer that uses a contract1 subcontract1 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 7#a77;,a74 7#d7 ,use of ,state employment agency documentation ,for purposes of paragraphs 7#a77;,b71 7#e71 and 7#f71 an employer shall be deemed to have complied with the requirements under subsection 7c7 with respect to the hiring of an individual who was referred for such employment by a ,state employment agency 7as defined by the ,secretary7 if the employer has and retains 7for the period and in the manner described in subsection 7c77#c77 appropriate documentation of such referral by such agency1 certifying that such agency has complied with the procedures described in subsection 7c7 with respect to the individual's referral4 ,an employer that relies on a ,state agency's certification of compliance with subsection 7c7 under this paragraph may utilize and retain the ,state agency's certification of compliance with the procedures described in subsection 7d71 if any1 in the manner provided under this paragraph4 7#e7 ,good faith defense 7,a7 ,defense ,an employer1 person1 or entity that hires1 employs1 recruits1 or refers individuals for employment in the ,united ,states1 or is otherwise obligated to comply with the requirements under this section and establishes good faith compliance with the requirements under paragraphs 7#a7 through 7#d7 of subsection 7c7 and subsection 7d7-- 7i7 has established an affirmative defense that the employer1 person1 or entity has not violated paragraph 7#a77;,a7 with respect to hiring and employing2 and 7ii7 has established compliance with its obligations under subparagraph 7,a7 and 7,b7 of paragraph 7#a7 and subsection 7c7 unless the ,secretary demonstrates that the employer had knowledge that an individuals hired1 employed1 recruited1 or referred by the employer1 person1 or entity is an unauthorized alien4 7,b7 ,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 7d77#b77;,j7 has established an affirmative defense under subparagraph 7,a7 and need not demonstrate compliance with the requirements under subsection 7d74 7#f7 ,good faith compliance 7,a7 ,in general ,except as otherwise provided in this subsection1 an employer1 person1 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 requirement4 7,b7 ,exception if failure to correct after notice ,subparagraph 7,a7 shall not apply if-- 7i7 the failure is not de minimis2 7ii7 the ,secretary of ,homeland ,security has explained to the employer1 person1 or entity the basis for the failure and why it is not de minimis2 7iii7 the employer1 person1 or entity has been provided a period of not less than #cj days 7beginning after the date of the explanation7 to correct the failure2 and 7iv7 the employer1 person1 or entity has not corrected the failure voluntarily within such period4 7,c7 ,exception for pattern or practice violators ,subparagraph 7,a7 shall not apply to an employer1 person1 or entity that has engaged or is engaging in a pattern or practice of violations of paragraph 7#a77;,a7 or 7#b74 7#g7 ,presumption ,after the date on which an employer is required to participate in the ,system under subsection 7d71 the employer is presumed to have acted with knowledge for purposes of paragraph 7#a77;,a7 if the employer hires1 employs1 recruits1 or refers an employee for a fee and fails to make an inquiry to verify the employment authorization status of the employee through the ,system4 7#h7 ,continued application of workforce and labor protection remedies despite unauthorized employment 7,a7 ,in general ,subject only to subparagraph 7,b71 all rights and remedies provided under any ,federal1 ,state1 or local law relating to workplace rights1 including but not limited to back pay1 are available to an employee despite-- 7i7 the employee's status as an unauthorized alien during or after the period of employment2 or 7ii7 the employer's or employee's failure to comply with the requirements of this section4 7,b7 ,reinstatement ,reinstatement shall be available to individuals who-- 7i7 are authorized to work in the ,united ,states at the time such relief is ordered or effectuated2 or 7ii7 lost employment-authorized status due to the unlawful acts of the employer under this section4 7b7 ,definitions ,in this section3 7#a7 ,commissioner ,the term ,commissioner means the ,commissioner of ,social ,security4 7#b7 ,department ,except as otherwise provided1 the term ,department means the ,department of ,homeland ,security4 7#c7 ,employer ,the term employer means any person or entity1 including an agency or department of a ,federal1 ,state1 or local government1 an agent1 or a ,system service provider acting on behalf of an employer1 that hires1 employs1 recruits1 or refers for a fee an individual for employment in the ,united ,states that is not casual1 sporadic1 irregular1 or intermittent 7as defined by the ,secretary74 7#d7 ,employment authorized status ,the term employment authorized status means1 with respect to an individual1 that the individual is authorized to be employed in the ,united ,states under the immigration laws of the ,united ,states4 7#e7 ,secretary ,except as otherwise specifically provided1 the term ,secretary means the ,secretary of ,homeland ,security4 7#f7 ,system ,the term ,system means the ,employment ,verification ,system established under subsection 7d74 7#g7 ,unauthorized alien ,the term unauthorized alien means an alien who1 with respect to employment in the ,united ,states at a particular time-- 7,a7 is not lawfully admitted for permanent residence2 or 7,b7 is not authorized to be employed under this ,act or by the ,secretary4 7#h7 ,workplace rights ,the term workplace rights means rights guaranteed under ,federal1 ,state1 or local labor or employment laws1 including laws concerning wages and hours1 benefits and employment standards1 labor relations1 workplace health and safety1 work-related injuries1 nondiscrimination1 and retaliation for exercising rights under such laws4 7c7 ,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 7d7 to verify that the individual has employment authorized status4 7#a7 ,attestation after examination of documentation 7,a7 ,in general 7i7 ,examination by employer ,an employer shall attest1 under penalty of perjury on a form prescribed by the ,secretary1 that the employer has verified the identity and employment authorization status of the individual-- 7,i7 by examining-- 7aa7 a document specified in subparagraph 7,c72 or 7bb7 a document specified in subparagraph 7,d7 and a document specified in subparagraph 7,e72 and 7,,ii7 by utilizing an identity authentication mechanism described in clause 7iii7 or 7iv7 of subparagraph 7,f74 7ii7 ,publication of documents ,the ,secretary shall publish a picture of each document specified in subparagraphs 7,c7 and 7,e7 on the ,u4,s4 ,citizenship and ,immigration ,services website4 7,b7 ,requirements 7i7 ,form ,the form referred to in subparagraph 7,a77i7-- 7,i7 shall be prescribed by the ,secretary not later than #f months after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 7,,ii7 shall be available as-- 7aa7 a paper form2 7bb7 a form that may be completed by an employer via telephone or video conference2 7cc7 an electronic form2 or 7dd7 a form that is integrated electronically with the requirements under subsection 7d74 7ii7 ,attestation ,each such form shall require the employer to sign an attestation with a handwritten1 electronic1 or digital pin code signature1 according to standards prescribed by the ,secretary4 7iii7 ,compliance ,an employer has complied with the requirements under this paragraph with respect to examination of the documents included in subclauses 7,i7 and 7,,ii7 of subparagraph 7,a77i7 if-- 7,i7 the employer has1 in good faith1 followed applicable regulations and any written procedures or instructions provided by the ,secretary2 and 7,,ii7 a reasonable person would conclude that the documentation is genuine and relates to the individual presenting such documentation4 7,c7 ,documents establishing identity and employment authorized status ,a document is specified in this subparagraph if the document is unexpired 7unless the validity of the document is extended by law7 and is #a of the following3 7i7 ,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 passports1 and for other purposes1 approved ,july #c1 #aibf 7#bb ,u4,s4,c4 #baa;a74 7ii7 ,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 status1 as designated by the ,secretary1 if the document-- 7,i7 contains a photograph of the individual1 or such other personal identifying information relating to the individual as the ,secretary determines1 by regulation1 to be sufficient for the purposes of this subparagraph2 7,,ii7 is evidence of employment authorized status2 and 7,,iii7 contains security features to make the document resistant to tampering1 counterfeiting1 and fraudulent use4 7iii7 ,an enhanced driver's license or identification card issued to a national of the ,united ,states by a ,state1 an outlying possession of the ,united ,states1 or a federally recognized ,indian tribe that-- 7,i7 meets the requirements under section #bjb of the ,,real ,,id ,act of #bjje 7division ,b of ,public ,law #aji-ac2 #di ,u4,s4,c4 #cjcja note72 and 7,,ii7 the ,secretary has certified by notice published in the ,federal ,register and through appropriate notice directly to employers registered in the ,system #c 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 process1 security features on the document1 and such other factors as the ,secretary may prescribe4 7iv7 ,a passport issued by the appropriate authority of a foreign country accompanied by a ,form ,i-#id or ,form ,i-#id;,a 7or similar successor record71 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 documentation4 7v7 ,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 ,islands4 7,d7 ,documents establishing identity of individual ,a document is specified in this subparagraph if the document is unexpired 7unless the validity of the document is extended by law7 and is #a of the following3 7i7 ,a driver's license or identity card that is not described in subparagraph 7,c77iii7 and is issued to an individual by a ,state or an outlying possession of the ,united ,states1 a federally recognized ,indian tribe1 or an agency 7including military7 of the ,federal ,government if the driver's license or identity card includes1 at a minimum-- 7,i7 the individual's photograph1 name1 date of birth1 gender1 and driver's license or identification card number2 and 7,,ii7 security features to make the license or card resistant to tampering1 counterfeiting1 and fraudulent use4 7ii7 ,a voter registration card4 7iii7 ,a document that complies with the requirements under section #gbji7;b77#a7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7,public ,law #ajh-deh2 #h ,u4,s4,c4 #aahe note74 7iv7 ,for individuals under #ah years of age who are unable to present a document listed in clause 7i7 or 7ii71 documentation of personal identity of such other type as the ,secretary determines will provide a reliable means of identification1 which may include an attestation as to the individual's identity by a parent or legal guardian under penalty of perjury4 7,e7 ,documents evidencing employment authorization ,a document is specified in this subparagraph if the document is unexpired 7unless the validity of the document is extended by law7 and is #a of the following3 7i7 ,a social security account number card issued by the ,commissioner1 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 limitation4 7ii7 ,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 documentation1 including any electronic security measures linked to such documentation1 contains security features to make such documentation resistant to tampering1 counterfeiting1 and fraudulent use4 7,f7 ,identity authentication mechanism 7i7 ,definitions ,in this subparagraph3 7,i7 ,covered identity document ,the term covered identity document means a valid-- 7aa7 ,united ,states passport1 passport card1 or a document evidencing lawful permanent residence status or employment authorized status issued to an alien2 7bb7 enhanced driver's license or identity card issued by a participating ,state or an outlying possession of the ,united ,states2 or 7cc7 photograph and appropriate identifying information provided by the ,secretary of ,state pursuant to the granting of a visa4 7,,ii7 ,participating state ,the term participating ,state means a ,state that has an agreement with the ,secretary to provide the ,secretary1 for purposes of identity verification in the ,system1 with photographs and appropriate identifying information maintained by the ,state4 7ii7 ,requirement for identity authentication ,in addition to verifying the documents specified in subparagraph 7,c71 7,d71 or 7,e7 and utilizing the ,system under subsection 7d71 each employer shall use an identity authentication mechanism described in clause 7iii7 or provided in clause 7iv7 after it becomes available to verify the identity of each individual the employer seeks to hire4 7iii7 ,photo tool 7,i7 ,use requirement ,an employer hiring an individual who has a covered identity document shall verify the identity of such individual using the photo tool described in subclause 7,,ii74 7,,ii7 ,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 ,u4,s4 ,citizenship and ,immigration ,services database4 7iv7 ,additional security measures 7,i7 ,use requirement ,an employer seeking to hire an individual whose identity may not be verified using the photo tool described in clause 7iii7 shall verify the identity of such individual using the additional security measures described in subclause 7,,ii74 7,,ii7 ,development requirement ,the ,secretary shall develop1 after publication in the ,federal ,register and an opportunity for public comment1 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 7iii74 ,such additional security measures-- 7aa7 shall be kept up-to-date with technological advances2 and 7bb7 shall provide a means of identity authentication in a manner that provides a high level of certainty as to the identity of such individual1 using immigration and identifying information that may include review of identity documents or background screening verification techniques using publicly available information4 7,g7 ,authority to prohibit use of certain documents ,if the ,secretary determines1 after publication in the ,federal ,register and an opportunity for public comment1 that any document or class of documents specified in subparagraph 7,b71 7,c71 or 7,d7 does not reliably establish identity or that employment authorized status is being used fraudulently to an unacceptable degree1 the ,secretary-- 7i7 may prohibit or restrict the use of such document or class of documents for purposes of this subsection2 and 7ii7 shall directly notify all employers registered within the ,system of the prohibition through appropriate means4 7,h7 ,authority to allow use of certain documents ,if the ,secretary has determined that another document or class of documents1 such as a document issued by a federally recognized ,indian tribe1 may be used to reliably establish identity or employment authorized status1 the ,secretary-- 7i7 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 comment2 7ii7 shall publish a description of any such document or class of documents on the ,u4,s4 ,citizenship and ,immigration ,services website2 and 7iii7 shall directly notify all employers registered within the ,system of the addition through appropriate means4 7#b7 ,individual attestation of employment authorization ,an individual1 upon commencing employment with an employer1 shall-- 7,a7 attest1 under penalty of perjury1 on the form prescribed by the ,secretary1 that the individual is-- 7i7 a citizen of the ,united ,states2 7ii7 an alien lawfully admitted for permanent residence2 7iii7 an alien who has employment authorized status2 or 7iv7 otherwise authorized by the ,secretary to be hired for such employment2 7,b7 provide such attestation by a handwritten1 electronic1 or digital pin code signature2 and 7,c7 provide the individual's social security account number to the ,secretary1 unless the individual has not yet been issued such a number1 on such form as the ,secretary may require4 7#c7 ,retention of verification record 7,a7 ,in general ,after completing a form for an individual in accordance with paragraphs 7#a7 and 7#b71 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-- 7i7 the date that is #c years after such hiring date2 or 7ii7 the date that is #a year after the date on which the individual's employment with the employer is terminated4 7,b7 ,requirement for electronic retention ,the ,secretary-- 7i7 shall permit an employer to retain the form described in subparagraph 7,a7 in electronic form2 and 7ii7 shall permit an employer to retain such form in paper1 microfiche1 microfilm1 portable document format1 or other media4 7#d7 ,copying of documentation and recordkeeping ,the ,secretary may promulgate regulations regarding-- 7,a7 copying documents and related information pertaining to employment verification presented by an individual under this subsection2 and 7,b7 retaining such information during a period not to exceed the required retention period set forth in paragraph 7#c74 7#e7 ,penalties ,an employer that fails to comply with any requirement under this subsection may be penalized under subsection 7e77#d77;,b74 7#f7 ,protection of civil rights 7,a7 ,in general ,nothing in this section may be construed to diminish any rights otherwise protected by ,federal law4 7,b7 ,prohibition on discrimination ,an employer shall use the procedures for document verification set forth in this paragraph for all employees without regard to race1 color1 religion1 sex1 national origin1 or1 unless specifically permitted in this section1 to citizenship status4 7#g7 ,receipts ,the ,secretary may authorize the use of receipts for replacement documents1 and temporary evidence of employment authorization by an individual to meet a documentation requirement under this subsection on a temporary basis not to exceed #a year1 after which time the individual shall provide documentation sufficient to satisfy the documentation requirements under this subsection4 7#h7 ,no authorization of national identification cards ,nothing in this section may be construed to directly or indirectly authorize the issuance1 use1 or establishment of a national identification card4 7d7 ,employment ,verification ,system 7#a7 ,in general 7,a7 ,establishment ,the ,secretary1 in consultation with the ,commissioner1 shall establish the ,employment ,verification ,system4 7,b7 ,monitoring ,the ,secretary shall create the necessary processes to monitor-- 7i7 the functioning of the ,system1 including the volume of the workflow1 the speed of processing of queries1 the speed and accuracy of responses2 7ii7 the misuse of the ,system1 including the prevention of fraud or identity theft2 7iii7 whether the use of the ,system results in wrongful adverse actions or discrimination based upon a prohibited factor against citizens or nationals of the ,united ,states or individuals who have employment authorized status2 and 7iv7 the security1 integrity1 and privacy of the ,system4 7,c7 ,procedures ,the ,secretary-- 7i7 shall create processes to provide an individual with direct access to the individual's case history in the ,system1 including-- 7,i7 the identities of all persons or entities that have queried the individual through the ,system2 7,,ii7 the date of each such query2 and 7,,iii7 the ,system response for each such query2 and 7ii7 in consultation with the ,commissioner1 shall develop-- 7,i7 protocols to notify an individual1 in a timely manner through the use of electronic correspondence or mail1 that a query for the individual has been processed through the ,system2 or 7,,ii7 a process for the individual to submit additional queries to the ,system or notify the ,secretary of potential identity fraud4 7#b7 ,participation requirements 7,a7 ,federal government ,except as provided in subparagraph 7,b71 all agencies and departments in the executive1 legislative1 or judicial branches of the ,federal ,government shall participate in the ,system beginning on the earlier of-- 7i7 the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 to the extent required under section #djb7;e77#a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #acbd;a7 and as already implemented by each agency or department2 or 7ii7 the date that is #ij days after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7,b7 ,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 #ad1 #bjjh 7#gc ,fed4 ,reg4 #fg1fea71 or any similar subsequent regulation1 for which purpose references to ,e-,verify in the final rule shall be construed to apply to the ,system4 7,c7 ,critical infrastructure 7i7 ,in general ,beginning on the date that is #a year after the date on which regulations are published implementing this subsection1 the ,secretary may authorize or direct any employer1 person1 or entity responsible for granting access to1 protecting1 securing1 operating1 administering1 or regulating part of the critical infrastructure 7as defined in section #ajaf7;e7 of the ,critical ,infrastructure ,protection ,act of #bjja 7#db ,u4,s4,c4 #eaie;c7e777 to participate in the ,system to the extent the ,secretary determines that such participation will assist in the protection of the critical infrastructure4 7ii7 ,notification to employers ,the ,secretary shall notify an employer required to participate in the ,system under this subparagraph not later than #ij days before the date on which the employer is required to participate4 7,d7 ,employers with more than #e1jjj employees ,not later than #b years after regulations are published implementing this subsection1 all employers with more than #e1jjj employees shall participate in the ,system with respect to all newly hired employees and employees with expiring temporary employment authorization documents4 7,e7 ,employers with more than #ejj employees ,not later than #c years after regulations are published implementing this subsection1 all employers with more than #ejj employees shall participate in the ,system with respect to all newly hired employees and employees with expiring temporary employment authorization documents4 7,f7 ,agricultural employment ,not later than #d years after regulations are published implementing this subsection1 employers of employees performing agricultural employment 7as defined in section #bah;,a of this ,act and section #bbjb of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act7 shall participate in the ,system with respect to all newly hired employees and employees with expiring temporary employment authorization documents4 ,an agricultural employee shall not be counted for purposes of subparagraph 7,d7 or 7,e74 7,g7 ,all employers ,except as provided in subparagraph 7,h71 not later than #d years after regulations are published implementing this subsection1 all employers shall participate in the ,system with respect to all newly hired employees and employees with expiring temporary employment authorization documents4 7,h7 ,tribal government employers 7i7 ,rulemaking ,in developing regulations to implement this subsection1 the ,secretary shall-- 7,i7 consider the effects of this section on federally recognized ,indian tribes and tribal members2 and 7,,ii7 consult with the governments of federally recognized ,indian tribes4 7ii7 ,required participation ,not later than #e years after regulations are published implementing this subsection1 all employers owned by1 or entities of1 the government of a federally recognized ,indian tribe shall participate in the ,system with respect to all newly hired employees and employees with expiring temporary employment authorization documents4 7,i7 ,immigration law violators 7i7 ,orders finding violations ,an order finding any employer to have violated this section or section #bgd;,c may1 in the ,secretary's discretion1 require the employer to participate in the ,system with respect to newly hired employees and employees with expiring temporary employment authorization documents1 if such employer is not otherwise required to participate in the ,system under this section4 ,the ,secretary shall monitor such employer's compliance with ,system procedures4 7ii7 ,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 ,states4 7,j7 ,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 basis4 7#c7 ,consequence of failure to participate 7,a7 ,in general ,except as provided in subparagraph 7,b71 the failure1 other than a de minimis or inadvertent failure1 of an employer that is required to participate in the ,system to comply with the requirements of the ,system with respect to an individual-- 7i7 shall be treated as a violation of subsection 7a77#a77;,b7 with respect to that individual2 and 7ii7 creates a rebuttable presumption that the employer has violated paragraph 7#a77;,a7 or 7#b7 of subsection 7a74 7,b7 ,exception 7i7 ,in general ,subparagraph 7,a7 shall not apply in a criminal prosecution4 7ii7 ,use as evidence ,nothing in this paragraph may be construed to limit the use in the prosecution of a ,federal crime1 in a manner otherwise consistent with ,federal criminal law and procedure1 of evidence relating to the employer's failure to comply with requirements of the ,system4 7#d7 ,procedures for participants in the system 7,a7 ,in general ,an employer participating in the ,system shall register such participation with the ,secretary and1 when hiring any individual for employment in the ,united ,states1 shall comply with the following3 7i7 ,registration of employers ,the ,secretary1 through notice in the ,federal ,register1 shall prescribe procedures that employers shall be required to follow to register with the ,system4 7ii7 ,updating information ,the employer is responsible for providing notice of any change to the information required under subclauses 7,i71 7,,ii71 and 7,,iii7 of clause 7v7 before conducting any further inquiries within the ,system1 or on such other schedule as the ,secretary may prescribe4 7iii7 ,training ,the ,secretary shall require employers to undergo such training as the ,secretary determines to be necessary to ensure proper use1 protection of civil rights and civil liberties1 privacy1 integrity1 and security of the ,system4 ,to the extent practicable1 such training shall be made available electronically on the ,u4,s4 ,citizenship and ,immigration ,services website4 7iv7 ,notification to employees ,the employer shall inform individuals hired for employment that the ,system-- 7,i7 will be used by the employer2 7,,ii7 may be used for immigration enforcement purposes2 and 7,,iii7 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 status4 7v7 ,provision of additional information ,the employer shall obtain from the individual 7and the individual shall provide7 and shall record in such manner as the ,secretary may specify-- 7,i7 the individual's social security account number2 7,,ii7 if the individual does not attest to ,united ,states citizenship or status as a national of the ,united ,states under subsection 7c77#b71 such identification or authorization number established by the ,department as the ,secretary shall specify2 and 7,,iii7 such other information as the ,secretary may require to determine the identity and employment authorization of an individual4 7vi7 ,presentation of documentation ,the employer1 and the individual whose identity and employment authorized status are being confirmed1 shall fulfill the requirements under subsection 7c74 7,b7 ,seeking confirmation 7i7 ,in general ,an employer shall use the ,system to confirm the identity and employment authorized status of any individual during-- 7,i7 the period beginning on the date on which the individual accepts an offer of employment and ending #c business days after the date on which employment begins2 or 7,,ii7 such other reasonable period as the ,secretary may prescribe4 7ii7 ,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 ,system4 7iii7 ,reverification ,if an individual has a limited period of employment authorized status1 the individual's employer shall reverify such status through the ,system not later than #c business days after the last day of such period4 7iv7 ,other employment ,for employers directed by the ,secretary to participate in the ,system under paragraph 7#b77;,c77i7 to protect critical infrastructure or otherwise specified circumstances in this section to verify their entire workforce1 the ,system may be used for initial verification of an individual who was hired before the employer became subject to the ,system1 and the employer shall initiate all required procedures on or before such date as the ,secretary shall specify4 7v7 ,notification 7,i7 ,in general ,the ,secretary shall provide1 and the employer shall utilize1 as part of the ,system1 a method of notifying employers of a confirmation or nonconfirmation of an individual's identity and employment authorized status1 or a notice that further action is required to verify such identity or employment eligibility 7referred to in this subsection as a further action notice74 7,,ii7 ,procedures ,the ,secretary shall-- 7aa7 directly notify the individual and the employer1 by means of electronic correspondence1 mail1 text message1 telephone1 or other direct communication1 of a nonconfirmation or further action notice2 7bb7 provide information about filing an administrative appeal under paragraph 7#f7 and a filing for review before an administrative law judge under paragraph 7#g72 and 7cc7 establish procedures to directly notify the individual and the employer of a confirmation4 7,,iii7 ,implementation ,the ,secretary may provide for a phased-in implementation of the notification requirements under this clause1 as appropriate4 ,the notification system shall cover all inquiries not later than #a year from the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7,c7 ,confirmation or nonconfirmation 7i7 ,initial response 7,i7 ,in general ,except as provided in subclause 7,,ii71 the ,system shall provide-- 7aa7 a confirmation of an individual's identity and employment authorized status or a further action notice at the time of the inquiry2 and 7bb7 an appropriate code indicating such confirmation or such further action notice4 7,,ii7 ,alternative deadline ,if the ,system is unable to provide immediate confirmation or further action notice for technological reasons or due to unforeseen circumstances1 the ,system shall provide a confirmation or further action notice not later than #c business days after the initial inquiry4 7ii7 ,confirmation upon initial inquiry ,if the employer receives an appropriate confirmation of an individual's identity and employment authorized status under the ,system1 the employer shall record the confirmation in such manner as the ,secretary may specify4 7iii7 ,further action notice and later confirmation or nonconfirmation 7,i7 ,notification and acknowledgment that further action is required ,not later than #c business days after an employer receives a further action notice of an individual's identity or employment eligibility under the ,system1 or during such other reasonable time as the ,secretary may prescribe1 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 notice4 ,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 notice4 ,the individual shall affirmatively acknowledge in writing1 or in such other manner as the ,secretary may specify1 the receipt of the further action notice from the employer4 ,if the individual refuses to acknowledge the receipt of the further action notice1 or acknowledges in writing that the individual will not contest the further action notice under subclause 7,,ii71 the employer shall notify the ,secretary in such manner as the ,secretary may specify4 7,,ii7 ,contest ,not later than #aj business days after receiving notification of a further action notice under subclause 7,i71 the individual shall contact the appropriate ,federal agency and1 if the ,secretary so requires1 appear in person for purposes of verifying the individual's identity and employment eligibility4 ,the ,secretary1 in consultation with the ,commissioner and other appropriate ,federal agencies1 shall specify an available secondary verification procedure to confirm the validity of information provided and to provide a confirmation or nonconfirmation4 ,any procedures for reexamination shall not limit in any way an employee's right to appeal a nonconfirmation4 7,,iii7 ,no contest ,if the individual refuses to acknowledge receipt of the further action notice1 acknowledges that the individual will not contest the further action notice as provided in subclause 7,i71 or does not contact the appropriate ,federal agency within the period specified in subclause 7,,ii71 following expiration of the period specified in subclause 7,,ii71 a nonconfirmation shall be issued4 ,the employer shall record the nonconfirmation in such manner as the ,secretary may specify and terminate the individual's employment4 ,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 law4 7,,iv7 ,confirmation or nonconfirmation ,unless the period is extended in accordance with this subclause1 the ,system shall provide a confirmation or nonconfirmation not later than #aj business days after the date on which the individual contests the further action notice under subclause 7,,ii74 ,if the ,secretary determines that good cause exists1 after taking into account adverse impacts to the employer1 and including time to permit the individual to obtain and provide needed evidence of identity or employment eligibility1 the ,secretary shall extend the period for providing confirmation or nonconfirmation for stated periods beyond #aj business days4 ,when confirmation or nonconfirmation is provided1 the confirmation system shall provide an appropriate code indicating such confirmation or nonconfirmation4 7,v7 ,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 correct4 ,any procedures for reexamination shall not limit in any way an employee's right to appeal a nonconfirmation4 7,,vi7 ,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-- 7aa7 a nonconfirmation has been issued2 7bb7 if the further action notice was contested1 the period to timely file an administrative appeal has expired without an appeal or the contestation to the further action notice is withdrawn2 or 7cc7 if an appeal before an administrative law judge under paragraph 7#g7 has been filed1 the nonconfirmation has been upheld or the appeal has been withdrawn or dismissed4 7iv7 ,notice of nonconfirmation ,not later than #c business days after an employer receives a nonconfirmation1 or during such other reasonable time as the ,secretary may provide1 the employer shall notify the individual who is the subject of the nonconfirmation1 and provide information about filing an administrative appeal pursuant to paragraph 7#f7 and a request for a hearing before an administrative law judge pursuant to paragraph 7#g74 ,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 7or adequately attempted to provide notice1 but was unable to do so despite reasonable efforts74 ,the individual shall affirmatively acknowledge in writing1 or in such other manner as the ,secretary may prescribe1 the receipt of the nonconfirmation notice from the employer4 ,if the individual refuses or fails to acknowledge the receipt of the nonconfirmation notice1 the employer shall notify the ,secretary in such manner as the ,secretary may prescribe4 7,d7 ,consequences of nonconfirmation 7i7 ,termination of continued employment ,except as provided in clause 7iii71 an employer that has received a nonconfirmation regarding an individual and has made reasonable efforts to notify the individual in accordance with subparagraph 7,c77iv7 shall terminate the employment of the individual upon the expiration of the time period specified in paragraph 7#g74 7ii7 ,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 appealed1 in violation of clause 7i71 a rebuttable presumption is created that the employer has violated paragraphs 7#a77;,a7 and 7#b7 of subsection 7a74 ,such presumption shall not apply in any prosecution under subsection 7k77#a74 7iii7 ,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 7#f77;,a71 or files for review with an administrative law judge specified in paragraph 7#g77;,a71 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 7#f77;,b7 or 7#g77;,b74 7iv7 ,weekly report ,the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall submit a weekly report to the ,assistant ,secretary for ,immigration and ,customs ,enforcement that includes1 for each individual who receives final nonconfirmation through the ,system-- 7,i7 the name of such individual2 7,,ii7 his or her social security number or alien file number2 7,,iii7 the name and contact information for his or her current employer2 and 7,,iv7 any other critical information that the ,assistant ,secretary determines to be appropriate4 7,e7 ,obligation to respond to queries and additional information 7i7 ,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 ,justice1 including queries concerning current and former employees1 within the time frame during which records are required to be maintained under this section regarding such former employees1 if such information relates to the functioning of the ,system1 the accuracy of the responses provided by the ,system1 or any suspected misuse1 discrimination1 fraud1 or identity theft in the use of the ,system4 ,failure to comply with a request under this clause constitutes a violation of subsection 7a77#a77;,b74 7ii7 ,action by individuals 7,i7 ,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 7c74 7,,ii7 ,notification ,not later than #c business days after the receipt of such questions regarding an individual1 or during such other reasonable time as the ,secretary may prescribe1 the employer shall-- 7aa7 notify the individual of any such requirement for further actions2 and 7bb7 record the date and manner of such notification4 7,,iii7 ,acknowledgment ,the individual shall acknowledge the notification received from the employer under subclause 7,,ii7 in writing1 or in such other manner as the ,secretary may prescribe4 7iii7 ,rulemaking 7,i7 ,in general ,the ,secretary1 in consultation with the ,commissioner and the ,attorney ,general1 is authorized to issue regulations implementing1 clarifying1 and supplementing the requirements under this subparagraph-- 7aa7 to facilitate the functioning1 accuracy1 and fairness of the ,system2 7bb7 to prevent misuse1 discrimination1 fraud1 or identity theft in the use of the ,system2 or 7cc7 to protect and maintain the confidentiality of information that could be used to locate or otherwise place at risk of harm victims of domestic violence1 dating violence1 sexual assault1 stalking1 and human trafficking1 and of the applicant or beneficiary of any petition described in section #chd7;a77#b7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acfg7;a77#b774 7,,ii7 ,notice ,the regulations issued under subclause 7,i7 shall be-- 7aa7 published in the ,federal ,register2 and 7bb7 provided directly to all employers registered in the ,system4 7,f7 ,designated agents ,the ,secretary shall establish a process-- 7i7 for certifying1 on an annual basis or at such times as the ,secretary may prescribe1 designated agents and other ,system service providers seeking access to the ,system to perform verification queries on behalf of employers1 based upon training1 usage1 privacy1 and security standards prescribed by the ,secretary2 7ii7 for ensuring that designated agents and other ,system service providers are subject to monitoring to the same extent as direct access users2 and 7iii7 for establishing standards for certification of electronic ,i-#i programs4 7,g7 ,requirement to provide information 7i7 ,in general ,no later than #c months after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 the ,secretary1 in consultation with the ,secretary of ,labor1 the ,secretary of ,agriculture1 the ,commissioner1 the ,attorney ,general1 the ,equal ,employment ,opportunity ,commission1 and the ,administrator of the ,small ,business ,administration1 shall commence a campaign to disseminate information respecting the procedures1 rights1 and remedies prescribed under this section4 7ii7 ,campaign requirements ,the campaign authorized under clause 7i7-- 7,i7 shall be aimed at increasing the knowledge of employers1 employees1 and the general public concerning employer and employee rights1 responsibilities1 and remedies under this section2 and 7,,ii7 shall be coordinated with the public education campaign conducted by ,u4,s4 ,citizenship and ,immigration ,services4 7iii7 ,assessment ,the ,secretary shall assess the success of the campaign in achieving the goals of the campaign4 7iv7 ,authority to contract ,in order to carry out and assess the campaign under this subparagraph1 the ,secretary may1 to the extent deemed appropriate and subject to the availability of appropriations1 contract with public and private organizations for outreach and assessment activities under the campaign4 7v7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this paragraph #dj1jjj1jjj for each of the fiscal years #bjad through #bjaf4 7,h7 ,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 status1 the ,secretary1 in consultation with the ,commissioner1 after publication of notice in the ,federal ,register and an opportunity for public comment1 may modify1 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 misuse1 discrimination1 fraud1 and identity theft-- 7i7 the information that shall be presented to the employer by an individual2 7ii7 the information that shall be provided to the ,system by the employer2 and 7iii7 the procedures that shall be followed by employers with respect to the process of verifying an individual through the ,system4 7,i7 ,self-verification ,subject to appropriate safeguards to prevent misuse of the system1 the ,secretary1 in consultation with the ,commissioner1 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 and1 in a timely manner1 correct or update the information contained in the ,system4 7#e7 ,protection from liability for actions taken on the basis of information provided by the ,system ,an employer shall not be liable to a job applicant1 an employee1 the ,federal ,government1 or a ,state or local government1 under ,federal1 ,state1 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 ,system4 7#f7 ,administrative appeal 7,a7 ,in general ,an individual who is notified of a nonconfirmation may1 not later than #aj business days after the date that such notice is received1 file an administrative appeal of such nonconfirmation with the ,commissioner if the notice is based on records maintained by the ,commissioner1 or in any other case1 with the ,secretary4 ,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 paragraph4 7,b7 ,administrative stay of nonconfirmation ,the nonconfirmation shall be automatically stayed upon the timely filing of an administrative appeal1 unless the nonconfirmation resulted after the individual acknowledged receipt of the further action notice but failed to contact the appropriate agency within the time provided4 ,the stay shall remain in effect until the resolution of the appeal1 unless the ,secretary or the ,commissioner terminates the stay based on a determination that the administrative appeal is frivolous or filed for purposes of delay4 7,c7 ,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 provided1 including any additional evidence or argument that was not previously considered4 ,any such additional evidence or argument shall be filed within #aj business days of the date the appeal was originally filed4 ,appeals shall be resolved within #bj business days after the individual has submitted all evidence and arguments the individual wishes to submit1 or has stated in writing that there is no additional evidence that the individual wishes to submit4 ,the ,secretary and the ,commissioner may1 on a case by case basis for good cause1 extend the filing and submission period in order to ensure accurate resolution of an appeal before the ,secretary or the ,commissioner4 7,d7 ,preponderance of evidence ,administrative appeal under this paragraph shall be limited to whether a nonconfirmation notice is supported by a preponderance of the evidence4 7,e7 ,damages1 fees1 and costs ,no money damages1 fees or costs may be awarded in the administrative appeal process under this paragraph4 7#g7 ,review by administrative law judge 7,a7 ,in general ,not later than #cj days after the date an individual receives a final determination on an administrative appeal under paragraph 7#f71 the individual may obtain review of such determination by filing a complaint with a ,department of ,justice administrative law judge in accordance with this paragraph4 7,b7 ,stay of nonconfirmation ,the nonconfirmation related to such final determination shall be automatically stayed upon the timely filing of a complaint under this paragraph1 and the stay shall remain in effect until the resolution of the complaint1 unless the administrative law judge determines that the action is frivolous or filed for purposes of delay4 7,c7 ,service ,the respondent to complaint filed under this paragraph is either the ,secretary or the ,commissioner1 but not both1 depending upon who issued the administrative order under paragraph 7#f74 ,in addition to serving the respondent1 the plaintiff shall serve the ,attorney ,general4 7,d7 ,authority of administrative law judge 7i7 ,rules of practice ,the ,secretary shall promulgate regulations regarding the rules of practice in appeals brought pursuant to this subsection4 7ii7 ,authority of administrative law judge ,the administrative law judge shall have power to-- 7,i7 terminate a stay of a nonconfirmation under subparagraph 7,b7 if the administrative law judge determines that the action is frivolous or filed for purposes of delay2 7,,ii7 adduce evidence at a hearing2 7,,iii7 compel by subpoena the attendance of witnesses and the production of evidence at any designated place or hearing2 7,,iv7 resolve claims of identity theft2 and 7,v7 enter1 upon the pleadings and any evidence adduced at a hearing1 a decision affirming or reversing the result of the agency1 with or without remanding the cause for a rehearing4 7iii7 ,subpoena ,in case of contumacy or refusal to obey a subpoena lawfully issued under this section and upon application of the administrative law judge1 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 court4 7iv7 ,training ,an administrative law judge hearing cases shall have special training respecting employment authorized status verification4 7,e7 ,order by administrative law judge 7i7 ,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 7,g74 7ii7 ,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 7,f74 7,f7 ,compensation for error 7i7 ,in general ,in cases in which the administrative law judge reverses the final determination of the ,secretary or the ,commissioner made under paragraph 7#f71 and the administrative law judge finds that-- 7,i7 the nonconfirmation was due to gross negligence or intentional misconduct of the employer1 the administrative law judge may order the employer to pay the individual lost wages1 and reasonable costs and attorneys' fees incurred during administrative and judicial review2 or 7,,ii7 such final determination was erroneous by reason of the negligence of the ,secretary or the ,commissioner1 the administrative law judge may order the ,secretary or the ,commissioner to pay the individual lost wages1 and reasonable costs and attorneys' fees incurred during the administrative appeal and the administrative law judge review4 7ii7 ,calculation of lost wages ,lost wages shall be calculated based on the wage rate and work schedule that prevailed prior to termination4 ,the individual shall be compensated for wages lost beginning on the first scheduled work day after employment was terminated and ending #abj 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 elsewhere1 whichever occurs first4 ,if the individual obtains employment elsewhere at a lower wage rate1 the individual shall be compensated for the difference in wages for the period ending #abj days after completion of the administrative law judge review process4 ,no lost wages shall be awarded for any period of time during which the individual was not in employment authorized status4 7iii7 ,payment of compensation ,notwithstanding any other law1 payment of compensation for lost wages1 costs1 and attorneys' fees under this paragraph1 or compromise settlements of the same1 shall be made as provided by section #acjd of title #ca1 ,united ,states ,code4 ,appropriations made available to the ,secretary or the ,commissioner1 accounts provided for under section #bhf1 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 compensation4 7,g7 ,appeal ,no later than #de days after the entry of such final order1 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 business4 7#h7 ,management of the system 7,a7 ,in general ,the ,secretary is authorized to establish1 manage1 and modify the ,system1 which shall-- 7i7 respond to inquiries made by participating employers at any time through the internet1 or such other means as the ,secretary may designate1 concerning an individual's identity and whether the individual is in employment authorized status2 7ii7 maintain records of the inquiries that were made1 of confirmations provided 7or not provided71 and of the codes provided to employers as evidence of their compliance with their obligations under the ,system2 and 7iii7 provide information to1 and require action by1 employers and individuals using the ,system4 7,b7 ,design and operation of system ,the ,system shall be designed and operated-- 7i7 to maximize its reliability and ease of use by employers consistent with protecting the privacy and security of the underlying information1 and ensuring full notice of such use to employees2 7ii7 to maximize its ease of use by employees1 including direct notification of its use1 of results1 and ability to challenge results2 7iii7 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 inquiries2 7iv7 to maintain appropriate administrative1 technical1 and physical safeguards to prevent unauthorized disclosure of personal information1 misuse by employers and employees1 and discrimination2 7v7 to require regularly scheduled refresher training of all users of the ,system to ensure compliance with all procedures2 7vi7 to allow for auditing of the use of the ,system to detect misuse1 discrimination1 fraud1 and identity theft1 to protect privacy and assess ,system accuracy1 and to preserve the integrity and security of the information in all of the ,system1 including-- 7,i7 to develop and use tools and processes to detect or prevent fraud and identity theft1 such as multiple uses of the same identifying information or documents to fraudulently gain employment2 7,,ii7 to develop and use tools and processes to detect and prevent misuse of the system by employers and employees2 7,,iii7 to develop tools and processes to detect anomalies in the use of the system that may indicate potential fraud or misuse of the system2 7,,iv7 to audit documents and information submitted by employees to employers1 including authority to conduct interviews with employers and employees1 and obtain information concerning employment from the employer2 7vii7 to confirm identity and employment authorization through verification and comparison of records as determined necessary by the ,secretary2 7viii7 to confirm electronically the issuance of the employment authorization or identity document and-- 7,i7 if such photograph is available1 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 employee2 or 7,,ii7 if a photograph is not available from the issuer1 to confirm the authenticity of the document using such alternative procedures as the ,secretary may specify2 and 7ix7 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 documents1 and use of the ,system4 7,c7 ,safeguards to the ,system 7i7 ,requirement to develop ,the ,secretary1 in consultation with the ,commissioner and other appropriate ,federal and ,state agencies1 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 ,system4 ,the ,secretary1 in consultation with the ,commissioner and other appropriate ,federal and ,state agencies1 shall develop and deploy appropriate privacy and security training for the ,federal and ,state employees accessing the records under the ,system4 7ii7 ,privacy audits ,the ,secretary1 acting through the ,chief ,privacy ,officer of the ,department1 shall conduct regular privacy audits of the policies and procedures established under clause 7i71 including any collection1 use1 dissemination1 and maintenance of personally identifiable information and any associated information technology systems1 as well as scope of requests for this information4 ,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 program4 7iii7 ,accuracy audits 7,i7 ,in general ,not later than ,november #cj of each year1 the ,inspector ,general of the ,department of ,homeland ,security shall submit a report to the ,secretary1 with a copy to the ,president of the ,senate and the ,speaker of the ,house of ,representatives1 that sets forth the error rate of the ,system for the previous fiscal year and the assessments required to be submitted by the ,secretary under subparagraphs 7,a7 and 7,b7 of paragraph 7#aj74 ,the report shall describe in detail the methodology employed for purposes of the report1 and shall make recommendations for how error rates may be reduced4 7,,ii7 ,error rate defined ,in this clause1 the term error rate means the percentage determined by dividing-- 7aa7 the number of employment authorized individuals who received further action notices1 contested such notices1 and were subsequently found to be employment authorized2 by 7bb7 the number of ,system inquiries submitted for employment authorized individuals4 7,,iii7 ,reduction of penalties for recordkeeping or verification practices following persistent system inaccuracies ,notwithstanding subsection 7e77#d77;,c77i71 in any calendar year following a report by the ,inspector ,general under subclause 7,i7 that the ,system had an error rate higher than #j4c percent for the previous fiscal year1 the civil penalty assessable by the ,secretary or an administrative law judge under that subsection for each first-time violation by an employer who has not previously been penalized under this section may not exceed #a1jjj4 7iv7 ,records security program ,any person1 including a private third party vendor1 who retains document verification or ,system data pursuant to this section shall implement an effective records security program that-- 7,i7 ensures that only authorized personnel have access to document verification or ,system data2 and 7,,ii7 ensures that whenever such data is created1 completed1 updated1 modified1 altered1 or corrected in electronic format1 a secure and permanent record is created that establishes the date of access1 the identity of the individual who accessed the electronic record1 and the particular action taken4 7v7 ,records security program ,in addition to the security measures described in clause 7iv71 a private third party vendor who retains document verification or ,system data pursuant to this section shall implement an effective records security program that-- 7,i7 provides for backup and recovery of any records maintained in electronic format to protect against information loss1 such as power interruptions2 and 7,,ii7 ensures that employees are trained to minimize the risk of unauthorized or accidental alteration or erasure of such data in electronic format4 7vi7 ,authorized personnel defined ,in this subparagraph1 the term authorized personnel means anyone registered as a ,system user1 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 employer4 7,d7 ,available facilities and alternative accommodations ,the ,secretary shall make appropriate arrangements and develop standards to allow employers or employees1 including remote hires1 who are otherwise unable to access the ,system to use electronic and telephonic formats 7including video conferencing1 scanning technology1 and other available technologies71 ,federal ,government facilities1 public facilities1 or other available locations in order to utilize the ,system4 7,e7 ,responsibilities of the ,secretary 7i7 ,in general ,as part of the ,system1 the ,secretary shall maintain a reliable1 secure method1 which1 operating through the ,system and within the time periods specified1 compares the name1 alien identification or authorization number1 or other information as determined relevant by the ,secretary1 provided in an inquiry against such information maintained or accessed by the ,secretary in order to confirm 7or not confirm7 the validity of the information provided1 the correspondence of the name and number1 whether the alien has employment authorized status 7or1 to the extent that the ,secretary determines to be feasible and appropriate1 whether the records available to the ,secretary verify the identity or status of a national of the ,united ,states71 and such other information as the ,secretary may prescribe4 7ii7 ,photograph display ,as part of the ,system1 the ,secretary shall establish a reliable1 secure method1 which1 operating through the ,system1 displays the digital photograph described in subparagraph 7,b77viii77,i74 7iii7 ,timing of notices ,the ,secretary shall have authority to prescribe when a confirmation1 nonconfirmation1 or further action notice shall be issued4 7iv7 ,use of information ,the ,secretary shall perform regular audits under the ,system1 as described in subparagraph 7,b77vi7 and shall utilize the information obtained from such audits1 as well as any information obtained from the ,commissioner pursuant to part ,e of title ,,xi of the ,social ,security ,act 7#db ,u4,s4,c4 #acja et seq471 for the purposes of this section and to administer and enforce the immigration laws4 7v7 ,identity fraud protection ,to prevent identity fraud1 not later than #ah months after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 the ,secretary shall-- 7,i7 in consultation with the ,commissioner1 establish a program to provide a reliable1 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 ,system2 and 7,,ii7 for each individual being verified through the ,system-- 7aa7 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 ,system2 and 7bb7 provide instructions to the individuals for exercising the option referred to in item 7aa74 7vi7 ,allowing parents to prevent theft of their child's identity ,the ,secretary1 in consultation with the ,commissioner1 shall establish a program that provides a reliable1 secure method by which parents or legal guardians may suspend or limit the use of the social security account number or other identifying information of a minor under their care for the purposes of the ,system4 ,the ,secretary may implement the program on a limited pilot program basis before making it fully available to all individuals4 7vii7 ,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 fraud4 7viii7 ,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 ,system4 7ix7 ,civil rights and civil liberties assessments 7,i7 ,requirement to conduct ,the ,secretary shall conduct regular civil rights and civil liberties assessments of the ,system1 including participation by employers1 other private entities1 and ,federal1 ,state1 and local government entities4 7,,ii7 ,requirement to respond ,employers1 other private entities1 and ,federal1 ,state1 and local entities shall timely respond to any request in connection with such an assessment4 7,,iii7 ,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 ,system4 7,f7 ,grants to ,states 7i7 ,in general ,the ,secretary shall create and administer a grant program to help provide funding for ,states that grant-- 7,i7 the ,secretary access to driver's license information as needed to confirm that a driver's license presented under subsection 7c77#a77;,d77i7 confirms the identity of the subject of the ,system check1 and that a driver's license matches the ,state's records2 and 7,,ii7 such assistance as the ,secretary may request in order to resolve further action notices or nonconfirmations relating to such information4 7ii7 ,construction with the ,driver's ,privacy ,protection ,act of #aiid ,the provision of a photograph to the ,secretary as described in clause 7i7 may not be construed as a violation of section #bgba of title #ah1 ,united ,states ,code1 and is a permissible use under subsection 7b77#a7 of that section4 7iii7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary #bej1jjj1jjj to carry out this subparagraph4 7,g7 ,responsibilities of the ,secretary of ,state ,as part of the ,system1 the ,secretary of ,state shall provide to the ,secretary access to passport and visa information as needed to confirm that a passport1 passport card1 or visa presented under subsection 7c77#a77;,c7 confirms the identity of the subject of the ,system check1 and that a passport1 passport card1 or visa photograph matches the ,secretary of ,state's records1 and shall provide such assistance as the ,secretary may request in order to resolve further action notices or nonconfirmations relating to such information4 7,h7 ,updating information ,the ,commissioner1 the ,secretary1 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 information4 7#i7 ,limitation on use of the ,system ,notwithstanding any other provision of law1 nothing in this subsection may be construed to permit or allow any department1 bureau1 or other agency of the ,united ,states ,government or any other entity to utilize any information1 database1 or other records assembled under this subsection for any purpose other than for employment verification or to ensure secure1 appropriate and nondiscriminatory use of the ,system4 7#aj7 ,annual report and certification ,not later than #ah months after the promulgation of regulations to implement this subsection1 and annually thereafter1 the ,secretary shall submit to ,congress a report that includes the following3 7,a7 ,an assessment1 as submitted to the ,secretary by the ,inspector ,general of the ,department of ,homeland ,security pursuant to paragraph 7#h77;,c77iii77,i71 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 ,states4 7,b7 ,an assessment1 as submitted to the ,secretary by the ,inspector ,general of the ,department of ,homeland ,security pursuant to paragraph 7#h77;,c77iii77,i71 of the accuracy rates of further action notices and other ,system notices provided directly 7by the ,system7 in a timely fashion to individuals who are not authorized to be employed in the ,united ,states4 7,c7 ,an assessment of any challenges faced by small employers in utilizing the ,system4 7,d7 ,an assessment of the rate of employer noncompliance 7in addition to failure to provide required notices in a timely fashion7 in each of the following categories3 7i7 ,taking adverse action based on a further action notice4 7ii7 ,use of the ,system for nonemployees or other individuals before they are offered employment4 7iii7 ,use of the ,system to reverify employment authorized status of current employees except if authorized to do so4 7iv7 ,use of the ,system selectively1 except in cases in which such use is authorized4 7v7 ,use of the ,system to deny employment or post-employment benefits or otherwise interfere with labor rights4 7vi7 ,requiring employees or applicants to use any self-verification feature or to provide self-verification results4 7vii7 ,discouraging individuals who receive a further action notice from challenging the further action notice or appealing a determination made by the ,system4 7,e7 ,an assessment of the rate of employee noncompliance in each of the following categories3 7i7 ,obtaining employment when unauthorized with an employer complying with the ,system in good faith4 7ii7 ,failure to provide required documents in a timely manner4 7iii7 ,attempting to use fraudulent documents or documents not related to the individual4 7iv7 ,misuse of the administrative appeal and judicial review process4 7,f7 ,an assessment of the amount of time taken for-- 7i7 the ,system to provide the confirmation or further action notice2 7ii7 individuals to contest further action notices2 7iii7 the ,system to provide a confirmation or nonconfirmation of a contested further action notice2 7iv7 individuals to file an administrative appeal of a nonconfirmation2 and 7v7 resolving administrative appeals regarding nonconfirmations4 7#aa7 ,annual ,,gao study and report 7,a7 ,requirement ,the ,comptroller ,general shall1 for each year1 undertake a study to evaluate the accuracy1 efficiency1 integrity1 and impact of the ,system4 7,b7 ,report ,not later than #ah months after the promulgation of regulations to implement this subsection1 and yearly thereafter1 the ,comptroller ,general shall submit to ,congress a report containing the findings of the study carried out under this paragraph4 ,each such report shall include1 at a minimum1 the following3 7i7 ,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 periods1 including a separate assessment of such rate for naturalized ,united ,states citizens1 nationals of the ,united ,states1 and aliens4 7ii7 ,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 data4 7iii7 ,an assessment of whether the ,system is being implemented in a manner that is not discriminatory or used for retaliation against employees4 7iv7 ,an assessment of the most common causes for the erroneous issuance of nonconfirmations by the ,system and recommendations to correct such causes4 7v7 ,the recommendations of the ,comptroller ,general regarding ,system improvements4 7vi7 ,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 faith4 7vii7 ,an assessment of the direct and indirect costs incurred by employers in complying with the ,system1 including costs associated with retaining potential employees through the administrative appeals process and receiving a nonconfirmation4 7viii7 ,an assessment of any backlogs or delays in the ,system providing the confirmation or further action notice and impacts to hiring by employers4 7e7 ,compliance 7#a7 ,complaints and investigations ,the ,secretary shall establish procedures-- 7,a7 for individuals and entities to file complaints respecting potential violations of subsections 7a7 or 7f77#a72 7,b7 for the investigation of those complaints which the ,secretary deems appropriate to investigate2 and 7,c7 for providing notification to the ,special ,counsel for ,immigration-,related ,unfair ,employment ,practices of the ,department of ,justice of potential violations of section #bgd;,b4 7#b7 ,authority in investigations ,in conducting investigations and proceedings under this subsection-- 7,a7 immigration officers shall have reasonable access to examine evidence of the employer being investigated2 7,b7 immigration officers designated by the ,secretary1 and administrative law judges and other persons authorized to conduct proceedings under this section1 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 subsection4 ,in case of refusal to fully comply with a subpoena lawfully issued under this paragraph1 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 subpoena1 and any failure to obey such order may be punished by the court as contempt4 ,failure to cooperate with the subpoena shall be subject to further penalties1 including further fines and the voiding of any mitigation of penalties or termination of proceedings under paragraph 7#d77;,e72 and 7,c7 the ,secretary1 in cooperation with the ,commissioner and ,attorney ,general1 and in consultation with other relevant agencies1 shall establish a ,joint ,employment ,fraud ,task ,force consisting of1 at a minimum-- 7i7 the ,system's compliance personnel2 7ii7 immigration law enforcement officers2 7iii7 personnel of the ,office of ,special ,counsel for ,immigration-,related ,unfair ,employment ,practices of the ,department of ,justice2 7iv7 personnel of the ,office for ,civil ,rights and ,civil ,liberties of the ,department2 and 7v7 personnel of ,office of ,inspector ,general of the ,social ,security ,administration4 7#c7 ,compliance procedures 7,a7 ,pre-penalty notice ,if the ,secretary has reasonable cause to believe that there has been a civil violation of this section in the previous #c years1 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 penalty4 ,such pre-penalty notice shall-- 7i7 describe the violation2 7ii7 specify the laws and regulations allegedly violated2 7iii7 disclose the material facts which establish the alleged violation2 7iv7 describe the penalty sought to be imposed2 and 7v7 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 imposed4 7,b7 ,employer's response ,whenever any employer receives written pre-penalty notice of a fine or other penalty in accordance with subparagraph 7,a71 the employer may1 within #fj days from receipt of such notice1 file with the ,secretary its written response to the notice4 ,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 whether1 if so1 the penalty should be mitigated1 and shall be filed and considered in accordance with procedures to be established by the ,secretary4 7,c7 ,right to a hearing ,before issuance of an order imposing a penalty on any employer1 person1 or entity1 the employer1 person1 or entity shall be entitled to a hearing before an administrative law judge1 if requested within #fj days of the notice of penalty4 ,the hearing shall be held at the nearest location practicable to the place where the employer1 person1 or entity resides or of the place where the alleged violation occurred4 7,d7 ,issuance of orders ,if no hearing is so requested1 the ,secretary's imposition of the order shall constitute a final and unappealable order4 ,if a hearing is requested and the administrative law judge determines1 upon clear and convincing evidence received1 that there was a violation1 the administrative law judge shall issue the final determination with a written penalty claim4 ,the penalty claim shall specify all charges in the information provided under clauses 7i7 through 7iii7 of subparagraph 7,a7 and any mitigation of the penalty that the administrative law judge deems appropriate under paragraph 7#d77;,e74 7#d7 ,civil penalties 7,a7 ,hiring or continuing to employ unauthorized aliens ,any employer that violates any provision of subsection 7a77#a77;,a7 or 7a77#b7 shall-- 7i7 pay a civil penalty of not less than #c1ejj and not more than #g1ejj for each unauthorized alien with respect to which each violation of either subsection 7a77#a77;,a7 or 7a77#b7 occurred2 7ii7 if the employer has previously been fined as a result of a previous enforcement action or previous violation under this paragraph1 pay a civil penalty of not less than #e1jjj and not more than #ae1jjj for each unauthorized alien with respect to which a violation of either subsection 7a77#a77;,a7 or 7a77#b7 occurred2 and 7iii7 if the employer has previously been fined more than once under this paragraph1 pay a civil penalty of not less than #aj1jjj and not more than #be1jjj for each unauthorized alien with respect to which a violation of either subsection 7a77#a77;,a7 or 7a77#b7 occurred4 7,b7 ,enhanced penalties ,after the ,secretary certifies to ,congress that the ,system has been established1 implemented1 and made mandatory for use by all employers in the ,united ,states1 the ,secretary may establish an enhanced civil penalty for an employer who-- 7i7 fails to query the ,system to verify the identify and work authorized status of an individual2 and 7ii7 violates a ,federal1 ,state1 or local law related to-- 7,i7 the payment of wages2 7,,ii7 hours worked by employees2 or 7,,iii7 workplace health and safety4 7,c7 ,recordkeeping or verification practices ,any employer that violates or fails to comply with any requirement under subsection 7a77#a77;,b71 other than a minor or inadvertent failure1 as determined by the ,secretary1 shall pay a civil penalty of-- 7i7 not less than #ejj and not more than #b1jjj for each violation2 7ii7 if an employer has previously been fined under this paragraph1 not less than #a1jjj and not more than #d1jjj for each violation2 and 7iii7 if an employer has previously been fined more than once under this paragraph1 not less than #b1jjj and not more than #h1jjj for each violation4 7,d7 ,other penalties ,the ,secretary may impose additional penalties for violations1 including cease and desist orders1 specially designed compliance plans to prevent further violations1 suspended fines to take effect in the event of a further violation1 and in appropriate cases1 the remedy provided by paragraph 7f77#b74 7,e7 ,mitigation ,the ,secretary or1 if an employer requests a hearing1 the administrative law judge1 is authorized1 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 penalties1 to reduce or mitigate penalties imposed upon employers1 based upon factors including1 the employer's hiring volume1 compliance history1 good-faith implementation of a compliance program1 the size and level of sophistication of the employer1 and voluntary disclosure of violations of this subsection to the ,secretary4 ,the ,secretary or administrative law judge shall not mitigate a penalty below the minimum penalty provided by this section1 except that the ,secretary may1 in the case of an employer subject to penalty for recordkeeping or verification violations only who has not previously been penalized under this section1 in the ,secretary's or administrative law judge's discretion1 mitigate the penalty below the statutory minimum or remit it entirely4 ,in any case where a civil money penalty has been imposed on an employer under section #bgd;,b for an action or omission that is also a violation of this section1 the ,secretary or administrative law judge shall mitigate any civil money penalty under this section by the amount of the penalty imposed under section #bgd;,b4 7,f7 ,effective date ,the civil money penalty amounts and the enhanced penalties provided by subparagraphs 7,a71 7,b71 and 7,c7 of this paragraph and by subsection 7f77#b7 shall apply to violations of this section committed on or after the date that is #a year after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 ,for violations committed prior to such date of enactment1 the civil money penalty amounts provided by regulations implementing this section as in effect the minute before such date of enactment with respect to knowing hiring or continuing employment1 verification1 or indemnity bond violations1 as appropriate1 shall apply4 7#e7 ,order of internal review and certification of compliance 7,a7 ,employer compliance ,if the ,secretary has reasonable cause to believe that an employer has failed to comply with this section1 the ,secretary is authorized1 at any time1 to require that the employer certify that it is in compliance with this section1 or has instituted a program to come into compliance4 7,b7 ,employer certification 7i7 ,requirement ,except as provided in subparagraph 7,c71 not later than #fj days after receiving a notice from the ,secretary requiring a certification under subparagraph 7,a71 an official with responsibility for1 and authority to bind the company on1 all hiring and immigration compliance notices shall certify under penalty of perjury that the employer is in conformance with the requirements of paragraphs 7#a7 through 7#d7 of subsection 7c71 pertaining to document verification requirements1 and with subsection 7d71 pertaining to the ,system 7once the ,system is implemented with respect to that employer according to the requirements under subsection 7d77#b771 and with any additional requirements that the ,secretary may promulgate by regulation pursuant to subsection 7c7 or 7d7 or that the employer has instituted a program to come into compliance with these requirements4 7ii7 ,application ,clause 7i7 shall not apply until the date that the ,secretary certifies to ,congress that the ,system has been established1 implemented1 and made mandatory for use by all employers in the ,united ,states4 7,c7 ,extension of deadline ,at the request of the employer1 the ,secretary may extend the #fj-;day deadline for good cause4 7,d7 ,standards or methods ,the ,secretary is authorized to publish in the ,federal ,register standards or methods for such certification1 require specific recordkeeping practices with respect to such certifications1 and audit the records thereof at any time4 ,this authority shall not be construed to diminish or qualify any other penalty provided by this section4 7#f7 ,requirements for review of a final determination ,with respect to judicial review of a final determination or penalty order issued under paragraph 7#c77;,d71 the following requirements apply3 7,a7 ,deadline ,the petition for review must be filed no later than #cj days after the date of the final determination or penalty order issued under paragraph 7#c77;,d74 7,b7 ,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 order was made4 ,the record and briefs do not have to be printed4 ,the court shall review the proceeding on a typewritten or electronically filed record and briefs4 7,c7 ,service ,the respondent is the ,secretary4 ,in addition to serving the respondent1 the petitioner shall serve the ,attorney ,general4 7,d7 ,petitioner's brief ,the petitioner shall serve and file a brief in connection with a petition for judicial review not later than #dj days after the date on which the administrative record is available1 and may serve and file a reply brief not later than #ad days after service of the brief of the respondent1 and the court may not extend these deadlines1 except for good cause shown4 ,if a petitioner fails to file a brief within the time provided in this paragraph1 the court shall dismiss the appeal unless a manifest injustice would result4 7,e7 ,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 hearing4 7,f7 ,exhaustion of administrative remedies ,a court may review a final determination under paragraph 7#c77;,c7 only if-- 7i7 the petitioner has exhausted all administrative remedies available to the petitioner as of right1 including any administrative remedies established by regulation1 and 7ii7 another court has not decided the validity of the order1 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 order4 7,g7 ,enforcement of orders ,if the final determination issued against the employer under this subsection is not subjected to review as provided in this paragraph1 the ,attorney ,general1 upon request by the ,secretary1 may bring a civil action to enforce compliance with the final determination in any appropriate district court of the ,united ,states4 ,the court1 on a proper showing1 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 subsection4 ,in any such civil action1 the validity and appropriateness of the final determination shall not be subject to review4 7#g7 ,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 7if applicable7 as provided in paragraph 7#f71 the amount of the fee or penalty shall be a lien in favor of the ,united ,states on all property and rights to property1 whether real or personal1 belonging to such employer4 ,if a petition for review is filed as provided in paragraph 7#f71 the lien shall arise upon the entry of a final judgment by the court4 ,the lien continues for #bj years or until the liability is satisfied1 remitted1 set aside1 or terminated4 7#h7 ,filing notice of lien 7,a7 ,place for filing ,the notice of a lien referred to in paragraph 7#g7 shall be filed as described in #a of the following3 7i7 ,under ,state laws 7,i7 ,real property ,in the case of real property1 in #a office within the ,state 7or the county1 or other governmental subdivision71 as designated by the laws of such ,state1 in which the property subject to the lien is situated4 7,,ii7 ,personal property ,in the case of personal property1 whether tangible or intangible1 in #a office within the ,state 7or the county1 or other governmental subdivision71 as designated by the laws of such ,state1 in which the property subject to the lien is situated1 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 ,state4 7ii7 ,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 situated1 whenever the ,state has not by law designated #a office which meets the requirements of clause 7i74 7iii7 ,with recorder of deeds of the ,district of ,columbia ,in the office of the ,recorder of ,deeds of the ,district of ,columbia1 if the property subject to the lien is situated in the ,district of ,columbia4 7,b7 ,situs of property subject to lien ,for purposes of subparagraph 7,a71 property shall be deemed to be situated as follows3 7i7 ,real property ,in the case of real property1 at its physical location4 7ii7 ,personal property ,in the case of personal property1 whether tangible or intangible1 at the residence of the taxpayer at the time the notice of lien is filed4 7,c7 ,determination of residence ,for purposes of subparagraph 7,b77ii71 the residence of a corporation or partnership shall be deemed to be the place at which the principal executive office of the business is located1 and the residence of a taxpayer whose residence is outside the ,united ,states shall be deemed to be in the ,district of ,columbia4 7,d7 ,effect of filing notice of lien 7i7 ,in general ,upon filing of a notice of lien in the manner described in this paragraph1 the lien shall be valid against any purchaser1 holder of a security interest1 mechanic's lien1 or judgment lien creditor1 except with respect to properties or transactions specified in subsection 7b71 7c71 or 7d7 of section #fcbc of the ,internal ,revenue ,code of #aihf for which a notice of tax lien properly filed on the same date would not be valid4 7ii7 ,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 lien4 ,a notice of lien that is registered1 recorded1 docketed1 or indexed in accordance with the rules and requirements relating to judgments of the courts of the ,state where the notice of lien is registered1 recorded1 docketed1 or indexed shall be considered for all purposes as the filing prescribed by this section4 7iii7 ,other provisions ,the provisions of section #cbja7;e7 of title #bh1 ,united ,states ,code1 shall apply to liens filed as prescribed by this paragraph4 7,e7 ,enforcement of a lien ,a lien obtained through this paragraph shall be considered a debt as defined by section #cjjb of title #bh1 ,united ,states ,code and enforceable pursuant to chapter #agf of such title4 7#i7 ,attorney ,general adjudication ,the ,attorney ,general shall have jurisdiction to adjudicate administrative proceedings under this subsection4 ,such proceedings shall be conducted in accordance with requirements of section #eed of title #e1 ,united ,states ,code4 7f7 ,criminal and civil penalties and injunctions 7#a7 ,prohibition of indemnity bonds ,it is unlawful for an employer1 in the hiring of any individual1 to require the individual to post a bond or security1 to pay or agree to pay an amount1 or otherwise to provide a financial guarantee or indemnity1 against any potential liability arising under this section relating to such hiring of the individual4 7#b7 ,civil penalty ,any employer who is determined1 after notice and opportunity for mitigation of the monetary penalty under subsection 7e71 to have violated paragraph 7#a7 shall be subject to a civil penalty of #aj1jjj for each violation and to an administrative order requiring the return of any amounts received in violation of such paragraph to the employee or1 if the employee cannot be located1 to the general fund of the ,treasury4 7g7 ,government contracts 7#a7 ,contractors and recipients ,whenever an employer who is a ,federal contractor 7meaning an employer who holds a ,federal contract1 grant1 or cooperative agreement1 or reasonably may be expected to submit an offer for or be awarded a government contract7 is determined by the ,secretary to have violated this section on more than #c occasions or is convicted of a crime under this section1 the employer shall be considered for debarment from the receipt of ,federal contracts1 grants1 or cooperative agreements in accordance with the procedures and standards and for the periods prescribed by the ,federal ,acquisition ,regulation4 ,however1 any administrative determination of liability for civil penalty by the ,secretary or the ,attorney ,general shall not be reviewable in any debarment proceeding4 7#b7 ,inadvertent violations ,inadvertent violations of recordkeeping or verification requirements1 in the absence of any other violations of this section1 shall not be a basis for determining that an employer is a repeat violator for purposes of this subsection4 7#c7 ,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 ,system1 as provided in the final rule relating to employment eligibility verification published in the ,federal ,register on ,november #ad1 #bjjh 7#gc ,fed4 ,reg4 #fg1fea71 or any similar subsequent regulation4 7h7 ,preemption ,the provisions of this section preempt any ,state or local law1 ordinance1 policy1 or rule1 including any criminal or civil fine or penalty structure1 relating to the hiring1 continued employment1 or status verification for employment eligibility purposes1 of unauthorized aliens4 ,a ,state1 locality1 municipality1 or political subdivision may exercise its authority over business licensing and similar laws as a penalty for failure to use the ,system4 7i7 ,deposit of amounts received ,except as otherwise specified1 civil penalties collected under this section shall be deposited by the ,secretary into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7j7 ,challenges to validity of the ,system 7#a7 ,in general ,any right1 benefit1 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 ,columbia1 but shall be limited to determinations of-- 7,a7 whether this section1 or any regulation issued to implement this section1 violates the ,constitution of the ,united ,states2 or 7,b7 whether such a regulation issued by or under the authority of the ,secretary to implement this section1 is contrary to applicable provisions of this section or was issued in violation of chapter #e of title #e1 ,united ,states ,code4 7#b7 ,deadlines for bringing actions ,any action instituted under this subsection must be filed no later than #ahj days after the date the challenged section or regulation described in subparagraph 7,a7 or 7,b7 of paragraph 7#a7 becomes effective4 ,no court shall have jurisdiction to review any challenge described in subparagraph 7,b7 after the time period specified in this subsection expires4 7k7 ,criminal penalties and injunctions for pattern or practice violations 7#a7 ,pattern and practice ,any employer who engages in a pattern or practice of knowing violations of subsection 7a77#a77;,a7 or 7a77#b7 shall be fined under title #ah1 ,united ,states ,code1 no more than #aj1jjj for each unauthorized alien with respect to whom such violation occurs1 imprisoned for not more than #b years for the entire pattern or practice1 or both4 7#b7 ,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 #e years if the offense is committed as part of a pattern or practice of violations of subsection 7a77#a77;,a7 or 7a77#b74 7#c7 ,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 7a77#a77;,a7 or 7a77#b71 the ,attorney ,general may bring a civil action in the appropriate district court of the ,united ,states requesting such relief1 including a permanent or temporary injunction1 restraining order1 or other order against the employer1 as the ,secretary or ,attorney ,general deems necessary4 7l7 ,criminal penalties for unlawful and abusive employment 7#a7 ,in general ,any person who1 during any #ab-month period1 knowingly employs or hires1 employs1 recruits1 or refers for a fee for employment #aj or more individuals within the ,united ,states who are under the control and supervision of such person-- 7,a7 knowing that the individuals are unauthorized aliens2 and 7,b7 under conditions that violate section #e7;a7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fed7;a7 7relating to occupational safety and health71 section #f or #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf and #bjg7 7relating to minimum wages and maximum hours of employment71 section #cadb of title #dj1 ,united ,states ,code1 7relating to required wages on construction contracts71 or sections #fgjc or #fgjd of title #da1 ,united ,states ,code1 7relating to required wages on service contracts71 shall be fined under title #ah1 ,united ,states ,code1 or imprisoned for not more than #aj years1 or both4 7#b7 ,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 offense4 4 7b7 ,report on use of the ,system in the agricultural industry ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,agriculture1 shall submit a report to ,congress that assesses implementation of the ,employment ,verification ,system established under section #bgd;,a7d7 of the ,immigration and ,nationality ,act1 as amended by subsection 7a71 in the agricultural industry1 including the use of such ,system technology in agriculture industry hiring processes1 user1 contractor1 and third-party employer agent employment practices1 timing and logistics regarding employment verification and reverification processes to meet agriculture industry practices1 and identification of potential challenges and modifications to meet the unique needs of the agriculture industry4 ,such report shall review-- 7#a7 the modality of access1 training and outreach1 customer support1 processes for further action notices and secondary verifications for short-term workers1 monitoring1 and compliance procedures for such ,system2 7#b7 the interaction of such ,system with the process to admit nonimmigrant workers pursuant to section #bah or #bah;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh et seq47 and with enforcement of the immigration laws2 and 7#c7 the collaborative use of processes of other ,federal and ,state agencies that intersect with the agriculture industry4 7c7 ,report on impact of the ,system on employers ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary shall submit to ,congress a report that assesses-- 7#a7 the implementation of the ,employment ,verification ,system established under section #bgd;,a7d7 of the ,immigration and ,nationality ,act1 as amended by subsection 7a71 by employers2 7#b7 any adverse impact on the revenues1 business processes1 or profitability of employers required to use such ,system2 and 7#c7 the economic impact of such ,system on small businesses4 7d7 ,government ,accountability ,office study of the effects of document requirements on employment authorized persons and employers 7#a7 ,study ,the ,comptroller ,general of the ,united ,states shall carry out a study of-- 7,a7 the effects of the documentary requirements of section #bgd;,a of the ,immigration and ,nationality ,act1 as amended by subsection 7a71 on employers1 naturalized ,united ,states citizens1 nationals of the ,united ,states1 and individuals with employment authorized status2 and 7,b7 the challenges such employers1 citizens1 nationals1 or individuals may face in obtaining the documentation required under that section4 7#b7 ,report ,not later than #d years after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to ,congress a report containing the findings of the study carried out under paragraph 7#a74 ,such report shall include1 at a minimum1 the following3 7,a7 ,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 #bgd;,a4 7,b7 ,a description of the additional steps required for individuals who have employment authorized status and do not possess the documents required by such section #bgd;,a to obtain such documents4 7,c7 ,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 #bgd;,a to obtain such documents4 7,d7 ,a general assessment of the average financial costs and challenges for employers who have been required to participate in the ,employment ,verification ,system established by subsection 7d7 of such section #bgd;,a4 7,e7 ,a description of the barriers to individuals who have employment authorized status in obtaining the documents required by such section #bgd;,a1 including barriers imposed by the executive branch of the ,government4 7,f7 ,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 #bgd;,a4 7e7 ,repeal of pilot programs and ,e-,verify and transition procedures 7#a7 ,repeal ,sections #dja1 #djb1 #djc1 #djd1 and #dje of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #acbd;a note7 are repealed4 7#b7 ,transition procedures 7,a7 ,continuation of ,e-,verify ,program ,notwithstanding the repeals made by paragraph 7#a71 the ,secretary shall continue to operate the ,e-,verify ,program as described in section #djc of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #acbd;a note71 as in effect the minute before the date of the enactment of this ,act1 until the transition to the ,system described in section #bgd;,a7d7 of the ,immigration and ,nationality ,act1 as amended by subsection 7a71 is determined by the ,secretary to be complete4 7,b7 ,transition to the system ,any employer who was participating in the ,e-,verify ,program described in section #djc of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #acbd;a note71 as in effect the minute before the date of the enactment of this ,act1 shall participate in the ,system described in section #bgd;,a7d7 of the ,immigration and ,nationality ,act1 as amended by subsection 7a71 to the same extent and in the same manner that the employer participated in such ,e-,verify ,program4 7#c7 ,construction ,the repeal made by paragraph 7#a7 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 ,program1 as in effect on the minute before the date of the enactment of this ,act4 7f7 ,conforming amendment ,section #bgd7;a7 7#h ,u4,s4,c4 #acbd7;a77 is amended-- 7#a7 by striking paragraph 7#c72 and 7#b7 by redesignating paragraph 7#d7 as paragraph 7#c74 #cajb4 ,increasing security and integrity of social security cards 7a7 ,fraud-resistant1 tamper-resistant1 wear-resistant1 and identity theft-resistant social security cards 7#a7 ,issuance 7,a7 ,preliminary work ,not later than #ahj days after the date of the enactment of this ,act1 the ,commissioner of ,social ,security shall begin work to administer and issue fraud-resistant1 tamper-resistant1 wear-resistant1 and identity theft-resistant social security cards4 7,b7 ,completion ,not later than #e years after the date of the enactment of this ,act1 the ,commissioner of ,social ,security shall issue only social security cards determined to be fraud-resistant1 tamper-resistant1 wear-resistant1 and identity theft-resistant4 7#b7 ,amendment 7,a7 ,in general ,section #bje7;c77#b77;,g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7;c77#b77;,g77 is amended by striking the second sentence and inserting the following3 ,the social security card shall be fraud-resistant1 tamper-resistant1 wear-resistant1 and identity theft-resistant44 7,b7 ,effective date ,the amendment made by subparagraph 7,a7 shall take effect on the date that is #e years after the date of the enactment of this ,act4 7#c7 ,authorization of appropriation ,there are authorized to be appropriated1 from the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a71 such sums as may be necessary to carry out this section and the amendments made by this section4 7#d7 ,emergency designation for congressional enforcement ,in the ,senate1 amounts made available under this subsection are designated as an emergency requirement pursuant to section #djc7;a7 of ,s4 ,con4 ,res4 #ac 7#aaath ,congress71 the concurrent resolution on the budget for fiscal year #bjaj4 7#e7 ,emergency designation for statutory paygo ,amounts made available under this subsection are designated as an emergency requirement under section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7,public ,law #aaa-aci2 #b ,u4,s4,c4 #icc7;g774 7b7 ,multiple cards ,section #bje7;c77#b77;,g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7;c77#b77;,g771 as amended by subsection 7a77#b71 is amended-- 7#a7 by inserting 7i7 after 7,g72 and 7#b7 by adding at the end the following3 7ii7 ,the ,commissioner of ,social ,security shall restrict the issuance of multiple replacement social security cards to any individual to #c per year and #aj for the life of the individual1 except that the ,commissioner may allow for reasonable exceptions from the limits under this clause on a case-by-case basis in compelling circumstances4 4 7c7 ,criminal penalties 7#a7 ,social security fraud 7,a7 ,in general ,chapter #dg of title #ah1 ,united ,states ,code1 is amended by inserting at the end the following3 #ajda4 ,social security fraud ,any person who-- 7#a7 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 statement2 7#b7 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 person1 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 person2 7#c7 knowingly1 and without lawful authority1 buys1 sells1 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 ,security2 7#d7 knowingly alters1 counterfeits1 forges1 or falsely makes a social security account number or a social security card2 7#e7 knowingly uses1 distributes1 or transfers a social security account number or a social security card knowing the number or card to be intentionally altered1 counterfeited1 forged1 falsely made1 or stolen2 or 7#f7 without lawful authority1 knowingly produces or acquires for any person a social security account number1 a social security card1 or a number or card that purports to be a social security account number or social security card1 shall be fined under this title1 imprisoned not more than #e years1 or both4 4 7,b7 ,table of sections amendment ,the table of sections for chapter #dg of title #ah1 ,united ,states ,code1 is amended by adding after the item relating to section #ajdj the following3 ,sec4 #ajda4 ,social security fraud4 4 7#b7 ,information disclosure 7,a7 ,in general ,notwithstanding any other provision of law and subject to subparagraph 7,b71 the ,commissioner of ,social ,security shall disclose for the purpose of investigating a violation of section #ajda of title #ah1 ,united ,states ,code1 or section #bgd;,a1 #bgd;,b1 or #bgd;,c of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a1 #acbd;b1 and #acbd;c71 after receiving a written request from an officer in a supervisory position or higher official of any ,federal law enforcement agency1 the following records of the ,social ,security ,administration3 7i7 ,records concerning the identity1 address1 location1 or financial institution accounts of the holder of a social security account number or social security card4 7ii7 ,records concerning the application for and issuance of a social security account number or social security card4 7iii7 ,records concerning the existence or nonexistence of a social security account number or social security card4 7,b7 ,limitation ,the ,commissioner of ,social ,security shall not disclose any tax return or tax return information pursuant to subparagraph 7,a7 except as authorized by section #fajc of the ,internal ,revenue ,code of #aihf4 #cajc4 ,increasing security and integrity of immigration documents ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall submit a report to ,congress on the feasibility1 advantages1 and disadvantages of including1 in addition to a photograph1 other biometric information on each employment authorization document issued by the ,department4 #cajd4 ,responsibilities of the ,social ,security ,administration ,title ,,xi of the ,social ,security ,act 7#db ,u4,s4,c4 #acja et seq47 is amended by adding at the end the following new part3 ,e ,employment ,verification #aahf4 ,responsibilities of the ,commissioner of ,social ,security 7a7 ,confirmation of employment verification data ,as part of the employment verification system established by the ,secretary of ,homeland ,security under the provisions of section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7 7in this section referred to as the ,system71 the ,commissioner of ,social ,security shall1 subject to the provisions of section #bgd;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d771 establish a reliable1 secure method that1 operating through the ,system and within the time periods specified in section #bgd;,a7d7 of such ,act-- 7#a7 compares the name1 date of birth1 social security account number1 and available citizenship information provided in an inquiry against such information maintained by the ,commissioner in order to confirm 7or not confirm7 the validity of the information provided regarding an individual whose identity and employment eligibility must be confirmed2 7#b7 determines the correspondence of the name1 date of birth1 and number2 7#c7 determines whether the name and number belong to an individual who is deceased according to the records maintained by the ,commissioner2 7#d7 determines whether an individual is a national of the ,united ,states1 as defined in section #aja7;a77#bb7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bb772 and 7#e7 determines whether the individual has presented a social security account number that is not valid for employment4 7b7 ,prohibition ,the ,system shall not disclose or release social security information to employers through the confirmation system 7other than such confirmation or nonconfirmation1 information provided by the employer to the ,system1 or the reason for the issuance of a further action notice74 4 #caje4 ,improved prohibition on discrimination based on national origin or citizenship status 7a7 ,in general ,section #bgd;,b7a7 7#h ,u4,s4,c4 #acbd;b7a77 is amended to read as follows3 7a7 ,prohibition on discrimination based on national origin or citizenship status 7#a7 ,prohibition on discrimination generally ,it is an unfair immigration-related employment practice for a person1 other entity1 or employment agency1 to discriminate against any individual 7other than an unauthorized alien defined in section #bgd;,a7b77 because of such individual's national origin or citizenship status1 with respect to the following3 7,a7 ,the hiring of the individual for employment4 7,b7 ,the verification of the individual's eligibility to work in the ,united ,states4 7,c7 ,the discharging of the individual from employment4 7#b7 ,exceptions ,paragraph 7#a7 shall not apply to the following3 7,a7 ,a person1 other entity1 or employer that employs #c or fewer employees1 except for an employment agency4 7,b7 ,a person's or entity's discrimination because of an individual's national origin if the discrimination with respect to that employer1 person1 or entity and that individual is covered under section #gjc of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#b71 unless the discrimination is related to an individual's verification of employment authorization4 7,c7 ,discrimination because of citizenship status which-- 7i7 is otherwise required in order to comply with a provision of ,federal1 ,state1 or local law related to law enforcement2 7ii7 is required by ,federal ,government contract2 or 7iii7 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 ,state1 local1 or tribal government4 7#c7 ,additional exception providing right to prefer equally qualified citizens ,notwithstanding any other provision of this section1 it is not an unfair immigration-related employment practice for an employer 7as defined in section #bgd;,a7b77 to prefer to hire1 recruit1 or refer for a fee an individual who is a citizen or national of the ,united ,states over another individual who is an alien if the #b individuals are equally qualified4 7#d7 ,unfair immigration-related employment practices relating to the ,system ,it is also an unfair immigration-related employment practice for a person1 other entity1 or employment agency-- 7,a7 to discharge or constructively discharge an individual solely due to a further action notice issued by the ,employment ,verification ,system created by section #bgd;,a until the administrative appeal described in section #bgd;,a7d77#f7 is completed2 7,b7 to use the ,system with regard to any person for any purpose except as authorized by section #bgd;,a7d72 7,c7 to use the ,system to reverify the employment authorization of a current employee1 including an employee continuing in employment1 other than reverification upon expiration of employment authorization1 or as otherwise authorized under section #bgd;,a7d7 or by regulation2 7,d7 to use the ,system selectively for employees1 except where authorized by law2 7,e7 to fail to provide to an individual any notice required in section #bgd;,a7d7 within the relevant time period2 7,f7 to use the ,system to deny workers' employment or post-employment benefits2 7,g7 to misuse the ,system to discriminate based on national origin or citizenship status2 7,h7 to require an employee or prospective employee to use any self-verification feature of the ,system or provide1 as a condition of application or employment1 any self-verification results2 7,i7 to use an immigration status verification system1 service1 or method other than those described in section #bgd;,a for purposes of verifying employment eligibility2 or 7,j7 to grant access to document verification or ,system data1 to any individual or entity other than personnel authorized to have such access1 or to fail to take reasonable safeguards to protect against unauthorized loss1 use1 alteration1 or destruction of ,system data4 7#e7 ,prohibition of intimidation or retaliation ,it is also an unfair immigration-related employment practice for a person1 other entity1 or employment agency to intimidate1 threaten1 coerce1 or retaliate against any individual-- 7,a7 for the purpose of interfering with any right or privilege secured under this section2 or 7,b7 because the individual intends to file or has filed a charge or a complaint1 testified1 assisted1 or participated in any manner in an investigation1 proceeding1 or hearing under this section4 7#f7 ,treatment of certain documentary practices as employment practices ,a person's1 other entity's1 or employment agency's request1 for purposes of verifying employment eligibility1 for more or different documents than are required under section #bgd;,a1 or for specific documents1 or refusing to honor documents tendered that reasonably appear to be genuine shall be treated as an unfair immigration-related employment practice4 7#g7 ,prohibition of withholding employment records ,it is an unfair immigration-related employment practice for an employer that is required under ,federal1 ,state1 or local law to maintain records documenting employment1 including dates or hours of work and wages received1 to fail to provide such records to any employee upon request4 7#h7 ,professional1 commercial1 and business licenses ,an individual who is authorized to be employed in the ,united ,states may not be denied a professional1 commercial1 or business license on the basis of his or her immigration status4 7#i7 ,employment agency defined ,in this section1 the term employment agency means any employer1 person1 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 employer1 person1 or entity4 4 7b7 ,referral by ,,eeoc ,section #bgd;,b7b7 7#h ,u4,s4,c4 #acbd;b7b77 is amended by adding at the end the following3 7#c7 ,referral by ,,eeoc ,the ,equal ,employment ,opportunity ,commission shall refer all matters alleging immigration-related unfair employment practices filed with the ,commission1 including those alleging violations of paragraphs 7#a71 7#d71 7#e71 and 7#f7 of subsection 7a7 to the ,special ,counsel for ,immigration-,related ,unfair ,employment ,practices of the ,department of ,justice4 4 7c7 ,authorization of appropriations ,section #bgd;,b7l77#c7 7#h ,u4,s4,c4 #acbd;b7l77#c77 is amended by striking the period at the end and inserting and an additional #dj1jjj1jjj for each of fiscal years #bjad through #bjaf44 7d7 ,fines 7#a7 ,in general ,section #bgd;,b7g77#b77;,b7 7#h ,u4,s4,c4 #acbd;b7g77#b77;,b77 is amended by striking clause 7iv7 and inserting the following3 7iv7 to pay any applicable civil penalties prescribed below1 the amounts of which may be adjusted periodically to account for inflation as provided by law-- 7,i7 except as provided in subclauses 7,,ii7 through 7,,iv71 to pay a civil penalty of not less than #b1jjj and not more than #e1jjj for each individual subjected to an unfair immigration-related employment practice2 7,,ii7 except as provided in subclauses 7,,iii7 and 7,,iv71 in the case of an employer1 person1 or entity previously subject to a single order under this paragraph1 to pay a civil penalty of not less than #d1jjj and not more than #aj1jjj for each individual subjected to an unfair immigration-related employment practice2 7,,iii7 except as provided in subclause 7,,iv71 in the case of an employer1 person1 or entity previously subject to more than #a order under this paragraph1 to pay a civil penalty of not less than #h1jjj and not more than #be1jjj for each individual subjected to an unfair immigration-related employment practice2 and 7,,iv7 in the case of an unfair immigration-related employment practice described in paragraphs 7#d7 through 7#g7 of subsection 7a71 to pay a civil penalty of not less than #ejj and not more than #b1jjj for each individual subjected to an unfair immigration-related employment practice4 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect on the date that is #a year after the date of the enactment of this ,act and apply to violations occurring on or after such date of enactment4 #cajf4 ,rulemaking 7a7 ,interim final regulations 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act-- 7,a7 the ,secretary1 shall issue regulations implementing sections #caja and #cajd and the amendments made by such sections 7except for section #bgd;,a7d77#g7 of the ,immigration and ,nationality ,act72 and 7,b7 the ,attorney ,general shall issue regulations implementing section #bgd;,a7d77#g7 of the ,immigration and ,nationality ,act1 as added by section #caja1 section #caje1 and the amendments made by such sections4 7#b7 ,effective date ,regulations issued pursuant to paragraph 7#a7 shall be effective immediately on an interim basis1 but are subject to change and revision after public notice and opportunity for a period for public comment4 7b7 ,final regulations ,within a reasonable time after publication of the interim regulations under subsection 7a71 the ,secretary1 in consultation with the ,commissioner of ,social ,security and the ,attorney ,general1 shall publish final regulations implementing this subtitle4 #cajg4 ,office of the ,small ,business and ,employee ,advocate 7a7 ,establishment of ,small ,business and ,employee ,advocate ,the ,secretary shall establish and maintain within ,u4,s4 ,citizenship and ,immigration ,services the ,office of the ,small ,business and ,employee ,advocate 7in this section referred to as the ,office74 ,the purpose of the ,office shall be to assist small businesses and individuals in complying with the requirements of section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a71 as amended by this ,act1 including the resolution of conflicts arising in the course of attempted compliance with such requirements4 7b7 ,functions ,the functions of the ,office shall include1 but not be limited to1 the following3 7#a7 ,informing small businesses and individuals about the verification practices required by section #bgd;,a of the ,immigration and ,nationality ,act1 including1 but not limited to1 the document verification requirements and the employment verification system requirements under subsections 7c7 and 7d7 of that section4 7#b7 ,assisting small businesses and individuals in addressing allegedly erroneous further action notices and nonconfirmations issued under subsection 7d7 of section #bgd;,a of the ,immigration and ,nationality ,act4 7#c7 ,informing small businesses and individuals of the financial liabilities and criminal penalties that apply to violations and failures to comply with the requirements of section #bgd;,a of the ,immigration and ,nationality ,act1 including1 but not limited to1 by issuing best practices for compliance with that section4 7#d7 ,to the extent practicable1 proposing changes to the ,secretary in the administrative practices of the employment verification system required under subsection 7d7 of section #bgd;,a of the ,immigration and ,nationality ,act to mitigate the problems identified under paragraph 7#b74 7#e7 ,making recommendations through the ,secretary to ,congress for legislative action to mitigate such problems4 7c7 ,authority ,to issue assistance order 7#a7 ,in general ,upon application filed by a small business or individual with the ,office 7in such form1 manner1 and at such time as the ,secretary shall by regulations prescribe71 the ,office may issue an assistance order if-- 7,a7 the ,office determines the small business or individual is suffering or about to suffer a significant hardship as a result of the manner in which the employment verification laws under subsections 7c7 and 7d7 of section #bgd;,a of the ,immigration and ,nationality ,act are being administered by the ,secretary2 or 7,b7 the small business or individual meets such other requirements as are set forth in regulations prescribed by the ,secretary4 7#b7 ,determination of hardship ,for purposes of paragraph 7#a71 a significant hardship shall include-- 7,a7 an immediate threat of adverse action2 7,b7 a delay of more than #fj days in resolving employment verification system problems2 7,c7 the incurring by the small business or individual of significant costs if relief is not granted2 or 7,d7 irreparable injury to1 or a long-term adverse impact on1 the small business or individual if relief is not granted4 7#c7 ,standards when administrative guidance not followed ,in cases where a ,u4,s4 ,citizenship and ,immigration ,services employee is not following applicable published administrative guidance1 the ,office shall construe the factors taken into account in determining whether to issue an assistance order under this subsection in the manner most favorable to the small business or individual4 7#d7 ,terms of assistance order ,the terms of an assistance order under this subsection may require the ,secretary within a specified time period-- 7,a7 to determine whether any employee is or is not authorized to work in the ,united ,states2 or 7,b7 to abate any penalty under section #bgd;,a of the ,immigration and ,nationality ,act that the ,office determines is arbitrary1 capricious1 or disproportionate to the underlying offense4 7#e7 ,authority to modify or rescind ,any assistance order issued by the ,office under this subsection may be modified or rescinded-- 7,a7 only by the ,office1 the ,director or ,deputy ,director of ,u4,s4 ,citizenship and ,immigration ,services1 or the ,secretary or the ,secretary's designee2 and 7,b7 if rescinded by the ,director or ,deputy ,director of ,u4,s4 ,citizenship and ,immigration ,services1 only if a written explanation of the reasons of such official for the modification or rescission is provided to the ,office4 7#f7 ,suspension of running of period of limitation ,the running of any period of limitation with respect to an action described in paragraph 7#d77;,a7 shall be suspended for-- 7,a7 the period beginning on the date of the small business or individual's application under paragraph 7#a7 and ending on the date of the ,office's decision with respect to such application2 and 7,b7 any period specified by the ,office in an assistance order issued under this subsection pursuant to such application4 7#g7 ,independent action of office ,nothing in this subsection shall prevent the ,office from taking any action in the absence of an application under paragraph 7#a74 7d7 ,accessibility to the public 7#a7 ,in person1 online1 and telephone assistance ,the ,office shall provide information and assistance specified in subsection 7b7 in person at locations designated by the ,secretary1 online through an ,internet website of the ,department available to the public1 and by telephone4 7#b7 ,availability to all employers ,in making information and assistance available1 the ,office shall prioritize the needs of small businesses and individuals4 ,however1 the information and assistance available through the ,office shall be available to any employer4 7e7 ,avoiding duplication through coordination ,in the discharge of the functions of the ,office1 the ,secretary shall consult with the ,secretary of ,labor1 the ,secretary of ,agriculture1 the ,commissioner1 the ,attorney ,general1 the ,equal ,employment ,opportunity ,commission1 and the ,administrator of the ,small ,business ,administration in order to avoid duplication of efforts across the ,federal ,government4 7f7 ,definitions ,in this section3 7#a7 ,the term employer has the meaning given that term in section #bgd;,a7b7 of the ,immigration and ,nationality ,act4 7#b7 ,the term small business means an employer with #di or fewer employees4 7g7 ,funding ,there shall be appropriated1 from the ,comprehensive ,immigration ,reform ,trust ,fund established by section #f7;a77#a7 of this ,act1 such sums as may be necessary to carry out the functions of the ,office4 ,b ,protecting ,united ,states workers #cbja4 ,protections for victims of serious violations of labor and employment law or crime 7a7 ,in general ,section #aja7;a77#ae77,u7 7#h ,u4,s4,c4 #aaja7;a77#ae77,u77 is amended-- 7#a7 in clause 7i7-- 7,a7 by amending subclause 7,i7 to read as follows3 7,i7 the alien-- 7aa7 has suffered substantial physical or mental abuse or substantial harm as a result of having been a victim of criminal activity described in clause 7iii7 or of a covered violation described in clause 7iv72 or 7bb7 is a victim of criminal activity described in clause 7iii7 or of a covered violation described in clause 7iv7 and would suffer extreme hardship upon removal2 2 7,b7 in subclause 7,,ii71 by inserting 1 or a covered violation resulting in a claim described in clause 7iv7 that is not the subject of a frivolous lawsuit by the alien before the semicolon at the end2 and 7,c7 by amending subclauses 7,,iii7 and 7,,iv7 to read as follows3 7,,iii7 the alien 7or in the case of an alien child who is younger than #af years of age1 the parent1 legal guardian1 or next friend of the alien7 has been helpful1 is being helpful1 or is likely to be helpful to-- 7aa7 a ,federal1 ,state1 or local law enforcement official1 a ,federal1 ,state1 or local prosecutor1 a ,federal1 ,state1 or local judge1 the ,department of ,homeland ,security1 the ,equal ,employment ,opportunity ,commission1 the ,department of ,labor1 or other ,federal1 ,state1 or local authorities investigating or prosecuting criminal activity described in clause 7iii72 or 7bb7 any ,federal1 ,state1 or local governmental agency or judge investigating1 prosecuting1 or seeking civil remedies for any cause of action1 whether criminal1 civil1 or administrative1 arising from a covered violation described in clause 7iv7 and presents a certification from such ,federal1 ,state1 or local governmental agency or judge attesting that the alien has been helpful1 is being helpful1 or is likely to be helpful to such agency in the investigation1 prosecution1 or adjudication arising from a covered violation described in clause 7iv72 and 7,,iv7 the criminal activity described in clause 7iii7 or the covered violation described in clause 7iv7-- 7aa7 violated the laws of the ,united ,states2 or 7bb7 occurred in the ,united ,states 7including ,indian country and military installations7 or the territories and possessions of the ,united ,states2 2 7#b7 in clause 7ii77,,ii71 by striking and at the end2 7#c7 by moving clause 7iii7 #b ems to the left2 7#d7 in clause 7iii71 by inserting child abuse2 elder abuse2 after stalking22 7#e7 by adding at the end the following3 7iv7 a covered violation referred to in this clause is-- 7,i7 a serious violation involving #a or more of the following or any similar activity in violation of any ,federal1 ,state1 or local law3 serious workplace abuse1 exploitation1 retaliation1 or violation of whistleblower protections2 7,,ii7 a violation giving rise to a civil cause of action under section #aeie of title #ah1 ,united ,states ,code2 or 7,,iii7 a violation resulting in the deprivation of due process or constitutional rights4 4 7b7 ,savings provision ,nothing in section #aja7;a77#ae77,u77iv77,i7 of the ,immigration and ,nationality ,act1 as added by subsection 7a71 may be construed as altering the definition of retaliation or discrimination under any other provision of law4 7c7 ,temporary stay of removal ,section #bgd;,a 7#h ,u4,s4,c4 #acbd;a71 as amended by section #caja1 is further amended-- 7#a7 in subsection 7e7 by adding at the end the following3 7#aj7 ,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 filed1 or as a result of information provided to the ,secretary in retaliation against employees for exercising their rights related to a bona fide workplace claim1 the ,secretary shall ensure that-- 7,a7 any aliens arrested or detained who are necessary for the investigation or prosecution of a bona fide workplace claim or criminal activity 7as described in subparagraph 7,t7 or 7,u7 of section #aja7;a77#ae77 are not removed from the ,united ,states until after the ,secretary-- 7i7 notifies the appropriate law enforcement agency with jurisdiction over such violations or criminal activity2 and 7ii7 provides such agency with the opportunity to interview such aliens2 7,b7 no aliens entitled to a stay of removal or abeyance of removal proceedings under this section are removed2 and 7,c7 the ,secretary shall stay the removal of an alien who-- 7i7 has filed a claim regarding a covered violation described in clause 7iv7 of section #aja7;a77#ae77,u7 and is the victim of the same violations under an existing investigation2 7ii7 is a material witness in any pending or anticipated proceeding involving a bona fide workplace claim or civil rights claim2 or 7iii7 has filed for relief under such section if the alien is working with law enforcement as described in clause 7i77,,iii7 of such section4 2 and 7#b7 by adding at the end the following3 7m7 ,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-- 7#a7 has filed for relief under section #aja7;a77#ae77,u72 or 7#b7 7,a7 has filed1 or is a material witness to1 a bona fide claim or proceedings resulting from a covered violation 7as defined in section #aja7;a77#ae77,u77iv772 and 7,b7 has been helpful1 is being helpful1 or is likely to be helpful1 in the investigation1 prosecution of1 or pursuit of civil remedies related to the claim arising from a covered violation1 to-- 7i7 a ,federal1 ,state1 or local law enforcement official2 7ii7 a ,federal1 ,state1 or local prosecutor2 7iii7 a ,federal1 ,state1 or local judge2 7iv7 the ,department of ,homeland ,security2 7v7 the ,equal ,employment ,opportunity ,commission2 or 7vi7 the ,department of ,labor4 4 7d7 ,conforming amendments ,section #bad7p7 7#h ,u4,s4,c4 #aahd7p77 is amended-- 7#a7 in paragraph 7#a71 by striking in section #aja7;a77#ae77,u77iii74 both places it appears and inserting in clause 7iii7 of section #aja7;a77#ae77,u7 or investigating1 prosecuting1 or seeking civil remedies for claims resulting from a covered violation described in clause 7iv7 of such section42 and 7#b7 in the first sentence of paragraph 7#f7-- 7,a7 by striking in section #aja7;a77#ae77,u77iii7 and inserting in clause 7iii7 of section #aja7;a77#ae77,u7 or claims resulting from a covered violation described in clause 7iv7 of such section2 and 7,b7 by inserting or claim arising from a covered violation after prosecution of such criminal activity4 7e7 ,modification of limitation on authority ,to adjust status for victims of crimes ,section #bde7m77#a7 7#h ,u4,s4,c4 #abee7m77#a77 is amended1 in the matter before subparagraph 7,a71 by inserting or an investigation or prosecution regarding a workplace or civil rights claim after prosecution4 7f7 ,expansion of limitation on sources of information that may be used ,to make adverse determinations 7#a7 ,in general ,section #chd7;a77#a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acfg7;a77#a77 is amended-- 7,a7 in each of subparagraphs 7,a7 through 7,d71 by striking the comma at the end and inserting a semicolon2 7,b7 subparagraph 7,e71 by striking the criminal activity1 and inserting abuse and the criminal activity or bona fide workplace claim 7as defined in subsection 7e772 2 7,c7 in subparagraph 7,f71 by striking 1 the trafficker or perpetrator1 and inserting 71 the trafficker or perpetrator2 or2 and 7,d7 by inserting after subparagraph 7,f7 the following3 7,g7 the alien's employer2 or 4 7#b7 ,workplace claim defined ,section #chd of such ,act 7#h ,u4,s4,c4 #acfg7 is amended by adding at the end the following3 7e7 ,workplace claims 7#a7 ,workplace claims defined 7,a7 ,in general ,in subsection 7a77#a71 the term workplace claim means any claim1 petition1 charge1 complaint1 or grievance filed with1 or submitted to1 a ,federal1 ,state1 or local agency or court1 relating to the violation of applicable ,federal1 ,state1 or local labor or employment laws4 7,b7 ,construction ,subparagraph 7,a7 may not be construed to alter what constitutes retaliation or discrimination under any other provision of law4 7#b7 ,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 described in section #aja7;a77#ae77,u77iv7 of the ,immigration and ,nationality ,act for the purpose of obtaining a benefit under this section shall be subject to a civil penalty of not more than #a1jjj4 7#c7 ,limitation on stay of adverse determinations ,in the case of an alien applying for status under section #aja7;a77#ae77,u7 of the ,immigration and ,nationality ,act and seeking relief under that section1 the prohibition on adverse determinations under subsection 7a7 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 exhausted4 4 7g7 ,removal proceedings ,section #bci7;e7 7#h ,u4,s4,c4 #abbi7;e77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,in cases where and inserting ,if2 and 7,b7 by striking paragraph 7#b71 and inserting paragraph 7#b7 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 rights12 and 7#b7 in paragraph 7#b71 by adding at the end the following3 7,c7 ,at a facility about which a bona fide workplace claim has been filed or is contemporaneously filed4 4 #cbjb4 ,employment ,verification ,system ,education ,funding 7a7 ,disposition of civil penalties ,penalties collected under subsections 7e77#d7 and 7f77#c7 of section #bgd;,a of the ,immigration and ,nationality ,act1 amended by section #caja1 shall be deposited1 as offsetting receipts1 into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a74 7b7 ,expenditures ,amounts deposited into the ,trust ,fund under subsection 7a7 shall be made available to the ,secretary and the ,attorney ,general to provide education to employers and employees regarding the requirements1 obligations1 and rights under the ,employment ,verification ,system4 7c7 ,determination of budgetary effects 7#a7 ,emergency designation for congressional enforcement ,in the ,senate1 amounts made available under this section are designated as an emergency requirement pursuant to section #djc7;a7 of ,s4 ,con4 ,res4 #ac 7#aaath ,congress71 the concurrent resolution on the budget for fiscal year #bjaj4 7#b7 ,emergency designation for statutory paygo ,amounts made available under this section are designated as an emergency requirement under section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7,public ,law #aaa-aci2 #b ,u4,s4,c4 #icc7;g774 #cbjc4 ,directive to the ,united ,states ,sentencing ,commission 7a7 ,in general ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 and in accordance with subsection 7b71 the ,united ,states ,sentencing ,commission shall promulgate sentencing guidelines or amend existing sentencing guidelines to modify1 if appropriate1 the penalties imposed on persons convicted of offenses under-- 7#a7 section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a71 as amended by section #caja2 7#b7 section #af of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf72 and 7#c7 any other ,federal law covering similar conduct4 7b7 ,requirements ,in carrying out subsection 7a71 the ,sentencing ,commission shall provide sentencing enhancements for any person convicted of an offense described in subsection 7a7 if such offense involves-- 7#a7 the intentional confiscation of identification documents2 7#b7 corruption1 bribery1 extortion1 or robbery2 7#c7 sexual abuse2 7#d7 serious bodily injury2 7#e7 an intent to defraud2 or 7#f7 a pattern of conduct involving multiple violations of law that-- 7,a7 creates1 through knowing and intentional conduct1 a risk to the health or safety of any victim2 or 7,b7 denies payments due to victims for work completed4 ,c ,other provisions #ccja4 ,funding 7a7 ,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 ,account4 7b7 ,appropriations ,there are authorized to be appropriated to the ,interior ,enforcement ,account #a1jjj1jjj1jjj to carry out this title and the amendments made by this title1 including the following appropriations3 7#a7 ,in each of the #e years beginning on the date of the enactment of this ,act1 the appropriations necessary to increase to a level not less than #e1jjj1 by the end of such #e-year period1 the total number of personnel of the ,department assigned exclusively or principally to an office or offices in ,u4,s4 ,citizenship and ,immigration ,services and ,u4,s4 ,immigration and ,customs ,enforcement 7and consistent with the missions of such agencies71 dedicated to administering the ,system1 and monitoring and enforcing compliance with sections #bgd;,a1 #bgd;,b1 and #bgd;,c of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a1 #acbd;b1 and #acbd;c71 including compliance with the requirements of the ,electronic ,verification ,system established under section #bgd;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d771 as amended by section #caja4 ,such personnel shall perform compliance and monitoring functions1 including the following3 7,a7 ,verify compliance of employers participating in such ,system with the requirements for participation that are prescribed by the ,secretary4 7,b7 ,monitor such ,system for multiple uses of social security account numbers and immigration identification numbers that could indicate identity theft or fraud4 7,c7 ,monitor such ,system to identify discriminatory or unfair practices4 7,d7 ,monitor such ,system to identify employers who are not using such ,system properly1 including employers who fail to make available appropriate records with respect to their queries and any notices of confirmation1 nonconfirmation1 or further action4 7,e7 ,identify instances in which an employee alleges that an employer violated the employee's privacy or civil rights1 or misused such ,system1 and create procedures for an employee to report such an allegation4 7,f7 ,analyze and audit the use of such ,system and the data obtained through such ,system to identify fraud trends1 including fraud trends across industries1 geographical areas1 or employer size4 7,g7 ,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 fraud4 7,h7 ,provide employers with additional training and other information on the proper use of such ,system1 including training related to privacy and employee rights4 7,i7 ,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 ,commission1 and other officials or agencies with responsibility for enforcing anti-discrimination1 civil rights1 privacy1 or worker protection laws1 as may be appropriate4 7,j7 ,any other compliance and monitoring activities that the ,secretary determines are necessary to ensure the functioning of such ,system4 7,k7 ,investigate identity theft and fraud detected through such ,system and undertake the necessary enforcement or referral actions4 7,l7 ,investigate use of or access to fraudulent documents and undertake the necessary enforcement actions4 7,m7 ,perform any other investigations that the ,secretary determines are necessary to ensure the lawful functioning of such ,system1 and undertake any enforcement actions necessary as a result of such investigations4 7#b7 ,the appropriations necessary to acquire1 install1 and maintain technological equipment necessary to support the functioning of such ,system and the connectivity between ,u4,s4 ,citizenship and ,immigration ,services and ,u4,s4 ,immigration and ,customs ,enforcement1 the ,department of ,justice1 and other agencies or officials with respect to the sharing of information to support such ,system and related immigration enforcement actions4 7#c7 ,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 ,system4 7#d7 ,the appropriations necessary to provide a means by which individuals may access their own employment authorization data to ensure the accuracy of such data1 independent of an individual's employer4 7#e7 ,the appropriations necessary to carry out the identity authentication mechanisms described in section #bgd;,a7c77#a77;,f7 of the ,immigration and ,nationality ,act1 as amended by section #caja7;a74 7#f7 ,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 ,system4 7#g7 ,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 title4 7c7 ,establishment of reimbursable agreement between the ,department of ,homeland ,security and the ,social ,security ,administration ,effective for fiscal years beginning on or after the date of enactment of this ,act1 the ,secretary and the ,commissioner of ,social ,security shall enter into and maintain an agreement that-- 7#a7 provides funds to the ,commissioner for the full costs of the responsibilities of the ,commissioner under this section1 including-- 7,a7 acquiring1 installing1 and maintaining technological equipment and systems necessary for the fulfillment of the responsibilities of the ,commissioner under this section2 and 7,b7 responding to individuals who contest a further action notice provided by the employment verification system established under section #bgd;,a of the ,immigration and ,nationality ,act1 as amended by section #caja2 7#b7 provides such funds quarterly in advance of the applicable quarter based on estimating methodology agreed to by the ,commissioner and the ,secretary2 and 7#c7 requires an annual accounting and reconciliation of the actual costs incurred and the funds provided under the agreement which shall be reviewed by the ,office of the ,inspector ,general of the ,social ,security ,administration and the ,department4 7d7 ,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 title1 including enforcing compliance with section #bgd;,b of the ,immigration and ,nationality ,act1 as amended by section #caje4 7e7 ,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 title4 #ccjb4 ,effective date ,except as otherwise specifically provided1 this title and the amendments made by this title shall take effect on the date of the enactment of this ,act4 #ccjc4 ,mandatory exit system 7a7 ,establishment 7#a7 ,in general ,not later than ,december #ca1 #bjae1 the ,secretary shall establish a mandatory exit data system that shall include a requirement for the collection of data from machine-readable visas1 passports1 and other travel and entry documents for all categories of aliens who are exiting from air and sea ports of entry4 7#b7 ,biometric exit data system ,not later than #b years after the date of the enactment of this ,act1 the ,secretary shall establish a mandatory biometric exit data system at the #aj ,united ,states airports that support the highest volume of international air travel1 as determined by ,department of ,transportation international flight departure data4 7#c7 ,implementation report ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives a report the implementation of the biometric exit data system referred to in paragraph 7#b71 the impact of such system on any additional wait times for travelers1 and projections for new officer personnel1 including ,u4,s4 ,customs and ,border ,protection officers4 7#d7 ,effectiveness report ,not later than #c years after the date of the enactment of this ,act1 the ,secretary shall submit a report to ,congress that analyzes the effectiveness of biometric exit data collection at the #aj airports referred to in paragraph 7#b74 7#e7 ,mandatory biometric exit data system ,absent intervening action by ,congress1 the ,secretary1 not later than #f years after the date of the enactment of this ,act1 shall establish a mandatory biometric exit data system at all the ,core #cj international airports in the ,united ,states1 as so designated by the ,federal ,aviation ,administration4 7#f7 ,expansion of biometric exit data system to major sea and land ports ,not later than #f years after the date of the enactment of this ,act1 the ,secretary shall submit a plan to ,congress for the expansion of the biometric exit system to major sea and land entry and exit points within the ,united ,states based upon-- 7,a7 the performance of the program established pursuant to paragraph 7#b72 7,b7 the findings of the study conducted pursuant to paragraph 7#d72 and 7,c7 the projected costs to develop and deploy an effective biometric exit data system4 7#g7 ,data collection ,there are authorized to be appropriated1 from the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a71 such sums as may be necessary to carry out this section 7b7 ,integration and interoperability 7#a7 ,integration of data system ,the ,secretary shall fully integrate all data from databases and data systems that process or contain information on aliens1 which are maintained by-- 7,a7 the ,department1 at-- 7i7 the ,u4,s4 ,immigration and ,customs ,enforcement2 7ii7 the ,u4,s4 ,customs and ,border ,protection2 and 7iii7 the ,u4,s4 ,citizenship and ,immigration ,services2 7,b7 the ,department of ,justice1 at the ,executive ,office for ,immigration ,review2 and 7,c7 the ,department of ,state1 at the ,bureau of ,consular ,affairs4 7#b7 ,interoperable component ,the fully integrated data system under paragraph 7#a7 shall be an interoperable component of the exit data system4 7#c7 ,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-- 7,a7 whether to issue a visa2 or 7,b7 the admissibility or deportability of an alien4 7#d7 ,training ,the ,secretary shall establish ongoing training modules on immigration law to improve adjudications at ,united ,states ports of entry1 consulates1 and embassies4 7c7 ,information sharing ,the ,secretary shall report to the appropriate ,federal law enforcement agency1 intelligence agency1 national security agency1 or component of the ,department of ,homeland ,security any alien who was lawfully admitted into the ,united ,states and whose individual data in the integrated exit data system shows that he or she has not departed the country when he or she was legally required to do so1 and shall ensure that-- 7#a7 if the alien has departed the ,united ,states when he or she was legally required to do so1 the information contained in the integrated exit data system is updated to reflect the alien's departure2 or 7#b7 if the alien has not departed the ,united ,states when he or she was legally required to do so1 reasonably available enforcement resources are employed to locate the alien and to commence removal proceedings against the alien4 #ccjd4 ,identity-theft resistant manifest information for passengers1 crew1 and non-crew onboard departing aircraft and vessels 7a7 ,definitions ,except as otherwise specifically provided1 in this section3 7#a7 ,identity-theft resistant collection location ,the term identity-theft resistant collection location means a location within an airport or seaport-- 7,a7 within the path of the departing alien1 such that the alien would not need to significantly deviate from that path to comply with exit requirements at which air or vessel carrier employees1 as applicable1 either presently or routinely are available if an alien needs processing assistance2 and 7,b7 which is equipped with technology that can securely collect and transmit identity-theft resistant departure information to the ,department4 7#b7 ,,us-,,visit ,the term ,,us-,,visit means the ,united ,states-,visitor and ,immigrant ,status ,indicator ,technology system4 7b7 ,identity theft resistant manifest information 7#a7 ,passport or visa collection requirement ,except as provided in subsection 7c71 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 ,u4,s4 ,customs and ,border ,protection of identity-theft resistant departure manifest information covering alien passengers1 crew1 and non-crew4 ,such identity-theft resistant departure manifest information-- 7,a7 shall be transmitted to ,u4,s4 ,customs and ,border ,protection at the place and time specified in paragraph 7#c7 by means approved by the ,secretary2 and 7,b7 shall set forth the information specified in paragraph 7#d7 or other information as required by the ,secretary4 7#b7 ,manner of collection ,carriers boarding alien passengers1 crew1 and noncrew subject to the requirement to provide information upon departure for ,,us-,,visit processing shall collect identity-theft resistant departure manifest information from each alien at an identity-theft resistant collection location at the airport or seaport before boarding that alien on transportation for departure from the ,united ,states1 at a time as close to the originally scheduled departure of that passenger's aircraft or sea vessel as practicable4 7#c7 ,time and manner of submission 7,a7 ,in general ,the appropriate official specified in paragraph 7#a7 shall ensure transmission of the identity-theft resistant departure manifest information required and collected under paragraphs 7#a7 and 7#b7 to the ,data ,center or ,headquarters of ,u4,s4 ,customs and ,border ,protection1 or such other data center as may be designated4 7,b7 ,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 information4 7,c7 ,submission along with other information ,files containing the identity-theft resistant departure manifest information-- 7i7 may be sent with other electronic manifest data prior to departure or may be sent separately from any topically related electronic manifest data2 and 7ii7 may be sent in batch mode4 7#d7 ,information required ,the identity-theft resistant departure information required under paragraphs 7#a7 through 7#c7 for each covered passenger or crew member shall contain alien data from machine-readable visas1 passports1 and other travel and entry documents issued to the alien4 7c7 ,exception ,the identity-theft resistant departure 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 aircraft4 7d7 ,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 prohibited4 ,carriers shall immediately notify the ,chief ,privacy ,officer of the ,department in writing in the event of unauthorized use or access1 or breach1 of identity-theft resistant departure manifest information4 7e7 ,collection at specified location ,if the ,secretary determines that an air or vessel carrier has not adequately complied with the provisions of this section1 the ,secretary may1 in the ,secretary's discretion1 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 departure1 or the boarding of crew1 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 information4 7f7 ,funding ,there shall be appropriated to the ,interior ,enforcement ,account #ejj1jjj1jjj to reimburse carriers for their reasonable actual expenses in carrying out their duties as described in this section4 7g7 ,determination of budgetary effects 7#a7 ,emergency designation for congressional enforcement ,in the ,senate1 amounts made available under this section are designated as an emergency requirement pursuant to section #djc7;a7 of ,s4 ,con4 ,res4 #ac 7#aaath ,congress71 the concurrent resolution on the budget for fiscal year #bjaj4 7#b7 ,emergency designation for statutory paygo ,amounts made available under this section are designated as an emergency requirement under section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7,public ,law #aaa-aci2 #b ,u4,s4,c4 #icc7;g774 #ccje4 ,profiling 7a7 ,prohibition ,in making routine or spontaneous law enforcement decisions1 such as ordinary traffic stops1 ,federal law enforcement officers may not use race or ethnicity to any degree1 except that officers may rely on race and ethnicity if a specific suspect description exists4 7b7 ,exceptions 7#a7 ,specific investigation ,in conducting activities in connection with a specific investigation1 ,federal law enforcement officers may consider race and ethnicity only to the extent that there is trustworthy information1 relevant to the locality or time frame1 that links persons of a particular race or ethnicity to an identified criminal incident1 scheme1 or organization4 ,this standard applies even where the use of race or ethnicity might otherwise be lawful4 7#b7 ,national security ,in investigating or preventing threats to national security or other catastrophic events 7including the performance of duties related to air transportation security71 or in enforcing laws protecting the integrity of the ,nation's borders1 ,federal law enforcement officers may not consider race or ethnicity except to the extent permitted by the ,constitution and laws of the ,united ,states4 7#c7 ,defined term ,in this section1 the term ,federal law enforcement officer means any officer1 agent1 or employee of the ,united ,states authorized by law or by a ,government agency to engage in or supervise the prevention1 detection1 investigation1 or prosecution of any violation of ,federal law4 7c7 ,study and regulations 7#a7 ,data collection ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall begin collecting data regarding the individualized immigration enforcement activities of covered ,department officers4 7#b7 ,study ,not later than #ahj days after data collection under paragraph 7#a7 commences1 the ,secretary shall complete a study analyzing the data4 7#c7 ,regulations ,not later than #ij days after the date the study required by paragraph 7#b7 is completed1 the ,secretary1 in consultation with the ,attorney ,general1 shall issue regulations regarding the use of race1 ethnicity1 and any other suspect classifications the ,secretary deems appropriate by covered ,department officers4 7#d7 ,reports ,not later than #cj days after completion of the study required by paragraph 7#b71 the ,secretary shall submit the study to-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7,c7 the ,committee on ,appropriations of the ,senate2 7,d7 the ,committee on ,appropriations of the ,house of ,representatives2 7,e7 the ,committee on the ,judiciary of the ,senate2 and 7,f7 the ,committee on the ,judiciary of the ,house of ,representatives4 7#e7 ,defined term ,in this subsection1 the term covered ,department officer means any officer1 agent1 or employee of ,united ,states ,customs and ,border ,protection1 ,united ,states ,immigration and ,customs ,enforcement1 or the ,transportation ,security ,administration4 #ccjf4 ,enhanced penalties for certain drug offenses on ,federal lands 7a7 ,cultivating or manufacturing controlled substances on ,federal property ,section #dja7;b77#e7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;b77#e77 is amended by striking as provided in this subsection and inserting for not more than #aj years1 in addition to any other term of imprisonment imposed under this subsection14 7b7 ,use of hazardous substances ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 the ,united ,states ,sentencing ,commission shall amend the ,federal ,sentencing ,guidelines and policy statements to ensure that the guidelines provide an additional penalty increase of #b offense levels above the sentence otherwise applicable for a violation of section #dja7;a7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;a77 if the offense-- 7#a7 includes the use of a poison1 chemical1 or other hazardous substance to cultivate or manufacture controlled substances on ,federal property2 7#b7 creates a hazard to humans1 wildlife1 or domestic animals2 7#c7 degrades or harms the environment or natural resources2 or 7#d7 pollutes an aquifer1 spring1 stream1 river1 or body of water4 7c7 ,stream diversion or clear cutting on ,federal property 7#a7 ,prohibition on stream diversion or clear cutting on ,federal property ,section #dja7;b7 of the ,controlled ,substances ,act is amended by adding at the end the following3 7#h7 ,destruction of bodies of water ,any person who violates subsection 7a7 in a manner that diverts1 redirects1 obstructs1 or drains an aquifer1 spring1 stream1 river1 or body of water or clear cuts timber while cultivating or manufacturing a controlled substance on ,federal property shall be fined in accordance with title #ah1 ,united ,states ,code4 4 7#b7 ,federal ,sentencing ,guidelines enhancement ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 the ,united ,states ,sentencing ,commission shall amend the ,federal ,sentencing ,guidelines and policy statements to ensure that the guidelines provide an additional penalty increase of #b offense levels for above the sentence otherwise applicable for a violation of section #dja7;a7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;a77 if the offense involves the diversion1 redirection1 obstruction1 or draining of an aquifer1 spring1 stream1 river1 or body of water or the clear cut of timber while cultivating or manufacturing a controlled substance on ,federal property4 7d7 ,booby traps on ,federal land ,section #dja7;d77#a7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;d77#a77 is amended by inserting cultivated1 after is being4 7e7 ,use or possession of firearms in connection with drug offenses on ,federal lands ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 the ,united ,states ,sentencing ,commission shall amend the ,federal ,sentencing ,guidelines and policy statements to ensure that the guidelines provide an additional penalty increase of #b offense levels above the sentence otherwise applicable for a violation of section #dja7;a7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;a77 if the offense involves the possession of a firearm while cultivating or manufacturing controlled substances on ,federal lands4 ,d ,asylum and refugee provisions #cdjj4 ,short title ,this subtitle may be cited as the ,frank ,r4 ,lautenberg ,asylum and ,refugee ,reform ,act4 #cdja4 ,time limits and efficient adjudication of genuine asylum claims ,section #bjh7;a77#b7 7#h ,u4,s4,c4 #aaeh7;a77#b77 is amended-- 7#a7 in subparagraph 7,a71 by inserting or the ,secretary of ,homeland ,security after ,attorney ,general both places such term appears2 7#b7 by striking subparagraphs 7,b7 and 7,d72 7#c7 by redesignating subparagraph 7,c7 as subparagraph 7,b72 7#d7 in subparagraph 7,b71 as redesignated1 by striking subparagraph 7,d7 and inserting subparagraphs 7,c7 and 7,d72 and 7#e7 by inserting after subparagraph 7,b71 as redesignated1 the following3 7,c7 ,changed circumstances ,notwithstanding subparagraph 7,b71 an application for asylum of an alien may be considered if the alien demonstrates1 to the satisfaction of the ,attorney ,general or the ,secretary of ,homeland ,security1 the existence of changed circumstances that materially affect the applicant's eligibility for asylum4 7,d7 ,motion to reopen certain meritorious claims ,notwithstanding subparagraph 7,b7 or section #bdj7;c77#g71 an alien may file a motion to reopen an asylum claim during the #b-year period beginning on the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act if the alien-- 7i7 was denied asylum based solely upon a failure to meet the #a-year application filing deadline in effect on the date on which the application was filed2 7ii7 was granted withholding of removal pursuant to section #bda7;b77#c7 and has not obtained lawful permanent residence in the ,united ,states pursuant to any other provision of law2 7iii7 is not subject to the safe third country exception under subparagraph 7,a7 or a bar to asylum under subsection 7b77#b7 and should not be denied asylum as a matter of discretion2 and 7iv7 is physically present in the ,united ,states when the motion is filed4 4 #cdjb4 ,refugee family protections 7a7 ,children of refugee or asylee spouses and children ,a child of an alien who qualifies for admission as a spouse or child under section #bjg7;c77#b77;,a7 or #bjh7;b77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7;c77#b77;,a7 and #aaeh7;b77#c77 shall be entitled to the same status as such alien if the child-- 7#a7 is accompanying or following to join such alien2 and 7#b7 is otherwise eligible under section #bjg7;c77#b77;,a7 or #bjh7;b77#c7 of the ,immigration and ,nationality ,act4 #cdjc4 ,clarification on designation of certain refugees 7a7 ,termination of certain preferential treatment in immigration of ,amerasians ,section #ehd of the ,foreign ,operations1 ,export ,financing1 and ,related ,programs ,appropriations ,act1 #aihh 7#h ,u4,s4,c4 #aaja note7 is amended by adding at the end the following3 7f7 ,no visa may be issued under this section if the petition or application for such visa is submitted on or after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 4 7b7 ,refugee designation ,section #bjg7;c77#a7 7#h ,u4,s4,c4 #aaeg7;c77#a77 is amended-- 7#a7 by inserting 7,a7 before ,subject to the numerical limitations2 and 7#b7 by adding at the end the following3 7,b7 7i7 ,the ,president1 upon a recommendation of the ,secretary of ,state made in consultation with the ,secretary of ,homeland ,security1 and after appropriate consultation1 may designate specifically defined groups of aliens-- 7,i7 whose resettlement in the ,united ,states is justified by humanitarian concerns or is otherwise in the national interest2 and 7,,ii7 who-- 7aa7 share common characteristics that identify them as targets of persecution on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion2 or 7bb7 having been identified as targets as described in item 7aa71 share a common need for resettlement due to a specific vulnerability4 7ii7 ,an alien who establishes membership in a group designated under clause 7i7 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 ordered1 incited1 assisted1 or otherwise participated in the persecution of any person on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion4 7iii7 ,a designation under clause 7i7 is for purposes of adjudicatory efficiency and may be revoked by the ,president at any time after notification to ,congress4 7iv7 ,categories of aliens established under section #eii;,d of the ,foreign ,operations1 ,export ,financing1 and ,related ,programs ,appropriations ,act1 #aiij 7,public ,law #aja-afg2 #h ,u4,s4,c4 #aaeg note7-- 7,i7 shall be designated under clause 7i7 until the end of the first fiscal year commencing after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 and 7,,ii7 shall be eligible for designation thereafter at the discretion of the ,president1 considering1 among other factors1 whether a country under consideration has been designated by the ,secretary of ,state as a ,country of ,particular ,concern for engaging in or tolerating systematic1 ongoing1 and egregious violations of religious freedom4 7v7 ,a designation under clause 7i7 shall not influence decisions to grant1 to any alien1 asylum under section #bjh1 protection under section #bda7;b77#c71 or protection under the ,convention ,against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york ,december #aj1 #aihd4 7vi7 ,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 7i7 shall-- 7,i7 be in writing2 and 7,,ii7 state1 to the maximum extent feasible1 the reason for the denial4 7vii7 ,refugees admitted pursuant to a designation under clause 7i7 shall be subject to the number of admissions and be admissible under this section4 4 #cdjd4 ,asylum determination efficiency ,section #bce7;b77#a77;,b77ii7 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77ii77 is amended by striking asylum4 and inserting asylum by an asylum officer4 ,the asylum officer1 after conducting a nonadversarial asylum interview and seeking supervisory review1 may grant asylum to the alien under section #bjh or refer the case to a designee of the ,attorney ,general1 for a de novo asylum determination1 for relief under the ,convention ,against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york ,december #aj1 #aihd1 or for protection under section #bda7;b77#c744 #cdje4 ,stateless persons in the ,united ,states 7a7 ,in general ,chapter #a of title ,,ii 7#h ,u4,s4,c4 #aaea et seq47 is amended by adding at the end the following3 #baj;,a4 ,protection of certain stateless persons in the ,united ,states 7a7 ,stateless persons 7#a7 ,in general ,in this section1 the term stateless person means an individual who is not considered a national under the operation of the laws of any country4 7#b7 ,designation of specific stateless groups ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 may1 in the discretion of the ,secretary1 designate specific groups of individuals who are considered stateless persons1 for purposes of this section4 7b7 ,status of stateless persons 7#a7 ,relief for certain individuals determined to be stateless persons ,the ,secretary of ,homeland ,security or the ,attorney ,general may1 in his or her discretion1 provide conditional lawful status to an alien who is otherwise inadmissible or deportable from the ,united ,states if the alien-- 7,a7 is a stateless person present in the ,united ,states2 7,b7 applies for such relief2 7,c7 has not lost his or her nationality as a result of his or her voluntary action or knowing inaction after arrival in the ,united ,states2 7,d7 except as provided in paragraphs 7#b7 and 7#c71 is not inadmissible under section #bab7;a72 and 7,e7 is not described in section #bda7;b77#c77;,b77i74 7#b7 ,inapplicability of certain provisions ,the provisions under paragraphs 7#d71 7#e71 7#g71 and 7#i77;,b7 of section #bab7;a7 shall not apply to any alien seeking relief under paragraph 7#a74 7#c7 ,waiver ,the ,secretary or the ,attorney ,general may waive any other provisions of such section1 other than subparagraphs 7,b71 7,c71 7,d77ii71 7,e71 7,g71 7,h71 or 7,i7 of paragraph 7#b71 paragraph 7#c71 paragraph 7#f77;,c77i7 7with respect to misrepresentations relating to the application for relief under paragraph 7#a771 or subparagraphs 7,a71 7,c71 7,d71 or 7,e7 of paragraph 7#aj7 of section #bab7;a71 with respect to such an alien for humanitarian purposes1 to assure family unity1 or if it is otherwise in the public interest4 7#d7 ,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-- 7,a7 any available passport or travel document issued at any time to the alien 7whether or not the passport or document has expired or been cancelled1 rescinded1 or revoked72 or 7,b7 an affidavit1 sworn under penalty of perjury-- 7i7 stating that the alien has never been issued a passport or travel document2 or 7ii7 identifying with particularity any such passport or travel document and explaining why the alien cannot submit it4 7#e7 ,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 7#a7 to engage in employment in the ,united ,states4 7#f7 ,travel documents ,the ,secretary may issue appropriate travel documents to an alien who has been granted relief under paragraph 7#a7 that would allow him or her to travel abroad and be admitted to the ,united ,states upon return1 if otherwise admissible4 7#g7 ,treatment of spouse and children ,the spouse or child of an alien who has been granted conditional lawful status under paragraph 7#a7 shall1 if not otherwise eligible for admission under paragraph 7#a71 be granted conditional lawful status under this section if accompanying1 or following to join1 such alien if-- 7,a7 the spouse or child is admissible 7except as otherwise provided in paragraphs 7#b7 and 7#c77 and is not described in section #bda7;b77#c77;,b77i72 and 7,b7 the qualifying relationship to the principal beneficiary existed on the date on which such alien was granted conditional lawful status4 7c7 ,adjustment of status 7#a7 ,inspection and examination ,at the end of the #a-year period beginning on the date on which an alien has been granted conditional lawful status under subsection 7b71 the alien may apply for lawful permanent residence in the ,united ,states if-- 7,a7 the alien has been physically present in the ,united ,states for at least #a year2 7,b7 the alien's conditional lawful status has not been terminated by the ,secretary of ,homeland ,security or the ,attorney ,general1 pursuant to such regulations as the ,secretary or the ,attorney ,general may prescribe2 and 7,c7 the alien has not otherwise acquired permanent resident status4 7#b7 ,requirements for adjustment of status ,the ,secretary of ,homeland ,security or the ,attorney ,general1 under such regulations as the ,secretary or the ,attorney ,general may prescribe1 may adjust the status of an alien granted conditional lawful status under subsection 7b7 to that of an alien lawfully admitted for permanent residence if such alien-- 7,a7 is a stateless person2 7,b7 properly applies for such adjustment of status2 7,c7 has been physically present in the ,united ,states for at least #a year after being granted conditional lawful status under subsection 7b72 7,d7 is not firmly resettled in any foreign country2 and 7,e7 is admissible 7except as otherwise provided under paragraph 7#b7 or 7#c7 of subsection 7b77 as an immigrant under this chapter at the time of examination of such alien for adjustment of status4 7#c7 ,record ,upon approval of an application under this subsection1 the ,secretary of ,homeland ,security shall establish a record of the alien's admission for lawful permanent residence as of the date that is #a year before the date of such approval4 7#d7 ,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 #bjc7;b77#d74 7d7 ,proving the claim ,in determining an alien's eligibility for lawful conditional status or adjustment of status under this subsection1 the ,secretary of ,homeland ,security or the ,attorney ,general shall consider any credible evidence relevant to the application4 ,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 ,general4 7e7 ,review 7#a7 ,administrative review ,no appeal shall lie from the denial of an application by the ,secretary1 but such denial will be without prejudice to the alien's right to renew the application in proceedings under section #bdj4 7#b7 ,motions to reopen ,notwithstanding any limitation imposed by law on motions to reopen removal1 deportation1 or exclusion proceedings1 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 section4 ,any such motion shall be filed within #b years of the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7f7 ,limitation 7#a7 ,applicability ,the provisions of this section shall only apply to aliens present in the ,united ,states4 7#b7 ,savings provision ,nothing in this section may be construed to authorize or require-- 7,a7 the admission of any alien to the ,united ,states2 7,b7 the parole of any alien into the ,united ,states2 or 7,c7 the grant of any motion to reopen or reconsider filed by an alien after departure or removal from the ,united ,states4 4 7b7 ,judicial review ,section #bdb7;a77#b77;,b77ii7 7#h ,u4,s4,c4 #abeb7;a77#b77;,b77ii77 is amended by striking #bjh7;a74 and inserting #bjh7;a7 or #baj;,a44 7c7 ,conforming amendment ,section #bjc7;b77#d7 7#h ,u4,s4,c4 #aaec7;b77#d77 is amended by inserting to aliens granted an adjustment of status under section #baj;,a7c7 or after level14 7d7 ,clerical amendment ,the table of contents for the ,immigration and ,nationality ,act is amended by inserting after the item relating to section #baj the following3 ,sec4 #baj;,a4 ,protection of stateless persons in the ,united ,states4 4 #cdjf4 ,u visa accessibility ,section #bad7p77#b77;,a7 7#h ,u4,s4,c4 #aahd7p77#b77;,a77 is amended by striking #aj1jjj4 and inserting #ah1jjj1 of which not more than #c1jjj visas may be issued for aliens who are victims of a covered violation described in section #aja7;a77#ae77,u744 #cdjg4 ,work authorization while applications for ,u and ,t visas are pending 7a7 ,u visas ,section #bad7p7 7#h ,u4,s4,c4 #aahd7p771 as amended by section #cdjf of this ,act1 is further amended-- 7#a7 in paragraph 7#f71 by striking the last sentence2 and 7#b7 by adding at the end the following3 7#g7 ,work authorization ,notwithstanding any provision of this ,act granting eligibility for employment in the ,united ,states1 the ,secretary of ,homeland ,security shall grant employment authorization to an alien who has filed an application for nonimmigrant status under section #aja7;a77#ae77,u7 on the date that is the earlier of-- 7,a7 the date on which the alien's application for such status is approved2 or 7,b7 a date determined by the ,secretary that is not later than #ahj days after the date on which the alien filed the application4 4 7b7 ,t visas ,section #bad7o7 7#h ,u4,s4,c4 #aahd7o77 is amended by adding at the end the following3 7#h7 ,notwithstanding any provision of this ,act granting eligibility for employment in the ,united ,states1 the ,secretary of ,homeland ,security shall grant employment authorization to an alien who has filed an application for nonimmigrant status under section #aja7;a77#ae77,t7 on the date that is the earlier of-- 7,a7 the date on which the alien's application for such status is approved2 or 7,b7 a date determined by the ,secretary that is not later than #ahj days after the date on which the alien filed the application4 4 #cdjh4 ,representation at overseas refugee interviews ,section #bjg7;c7 7#h ,u4,s4,c4 #aaeg7;c77 is amended by adding at the end the following3 7#e7 ,the adjudicator of an application for refugee status under this section shall consider all relevant evidence and maintain a record of the evidence considered4 7#f7 ,an applicant for refugee status may be represented1 including at a refugee interview1 at no expense to the ,government1 by an attorney or accredited representative who-- 7,a7 was chosen by the applicant2 and 7,b7 is authorized by the ,secretary of ,homeland ,security to be recognized as the representative of such applicant in an adjudication under this section4 7#g7 7,a7 ,a decision to deny an application for refugee status under this section-- 7i7 shall be in writing2 and 7ii7 shall provide1 to the maximum extent feasible1 information on the reason for the denial1 including-- 7,i7 the facts underlying the determination2 and 7,,ii7 whether there is a waiver of inadmissibility available to the applicant4 7,b7 ,the basis of any negative credibility finding shall be part of the written decision4 7#h7 7,a7 ,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 #abj days after such denial4 7,b7 ,a request filed under subparagraph 7,a7 shall be adjudicated by refugee officers who have received training on considering requests for review of refugee applications that have been denied4 7,c7 ,the ,secretary shall publish the standard applied to a request for review4 7,d7 ,a request for review may result in the decision being granted1 denied1 or reopened for a further interview4 7,e7 ,a decision on a request for review under this paragraph-- 7i7 shall be in writing2 and 7ii7 shall provide1 to the maximum extent feasible1 information on the reason for the denial4 4 #cdji4 ,law enforcement and national security checks 7a7 ,refugees ,section #bjg7;c77#a7 7#h ,u4,s4,c4 #aaeg7;c77#a77 is amended by adding at the end the following3 ,no alien shall be admitted as a refugee until the identity of the applicant1 including biographic and biometric data1 has been checked against all appropriate records or databases maintained by the ,secretary of ,homeland ,security1 the ,attorney ,general1 the ,secretary of ,state1 and other ,federal records or databases that the ,secretary of ,homeland ,security considers necessary1 to determine any national security1 law enforcement1 or other grounds on which the alien may be inadmissible to the ,united ,states or ineligible to apply for or be granted refugee status44 7b7 ,asylees ,section #bjh7;d77#e77;,a77i7 7#h ,u4,s4,c4 #aaeh7;d77#e77;,a77i77 is amended to read as follows3 7i7 asylum shall not be granted until the identity of the applicant1 using biographic and biometric data1 has been checked against all appropriate records or databases maintained by the ,secretary of ,homeland ,security1 the ,attorney ,general1 the ,secretary of ,state1 and other ,federal records or databases that the ,secretary of ,homeland ,security considers necessary1 to determine any national security1 law enforcement1 or other grounds on which the alien may be inadmissible to the ,united ,states or ineligible to apply for or be granted asylum2 4 #cdaj4 ,tibetan refugee assistance 7a7 ,short title ,this section may be cited as the ,tibetan ,refugee ,assistance ,act of #bjac4 7b7 ,transition for displaced ,tibetans ,notwithstanding the numerical limitations specified in sections #bja and #bjb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea and #aaeb71 #e1jjj immigrant visas shall be made available to qualified displaced ,tibetans described in subsection 7c7 during the #c-year period beginning on ,october #a1 #bjac4 7c7 ,qualified displaced ,tibetan described 7#a7 ,in general ,an individual is a qualified displaced ,tibetan if such individual-- 7,a7 is a native of ,tibet2 and 7,b7 has been continuously residing in ,india or ,nepal since before the date of the enactment of this ,act4 7#b7 ,native of ,tibet described ,for purposes of paragraph 7#a77;,a71 an individual shall be considered a native of ,tibet if such individual-- 7,a7 was born in ,tibet2 or 7,b7 is the son1 daughter1 grandson1 or granddaughter of an individual who was born in ,tibet4 7d7 ,derivative status for spouses and children ,a spouse or child 7as defined in subparagraphs 7,a71 7,b71 7,c71 7,d71 or 7,e7 of section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a777 shall1 if not otherwise entitled to an immigrant status and the immediate issuance of a visa under this section1 be entitled to the same status1 and the same order of consideration1 provided under this section1 if accompanying1 or following to join1 the spouse or parent of such spouse or child4 7e7 ,distribution of visa numbers ,the ,secretary of ,state shall ensure that immigrant visas provided under subsection 7b7 are made available to qualified displaced ,tibetans described in subsection 7c7 or 7d7 in an equitable manner1 giving preference to those qualified displaced ,tibetans who-- 7#a7 are not resettled in ,india or ,nepal2 or 7#b7 are most likely to be resettled successfully in the ,united ,states4 #cdaa4 ,termination of asylum or refugee status 7a7 ,termination of status ,except as provided in subsections 7b7 and 7c71 any alien who is granted asylum or refugee status under this ,act or the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 who1 without good cause as determined by the ,secretary or the ,attorney ,general1 subsequently returns to the country of such alien's nationality or1 in the case of an alien having no nationality1 returns to any country in which such alien last habitually resided1 and who applied for such status because of persecution or a well-founded fear of persecution in that country on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion1 shall have his or her refugee or asylum status terminated4 7b7 ,waiver ,the ,secretary has discretion to waive subsection 7a7 if it is established to the satisfaction of the ,secretary or the ,attorney ,general that the alien had good cause for the return4 ,the waiver may be sought prior to departure from the ,united ,states or upon return4 7c7 ,exception for certain aliens from ,cuba ,subsection 7a7 shall not apply to an alien who is eligible for adjustment to that of an alien lawfully admitted for permanent residence pursuant to the ,cuban ,adjustment ,act of #aiff 7,public ,law #hi-gcb74 #cdab4 ,asylum clock ,section #bjh7;d77#b7 7#h ,u4,s4,c4 #aaeh7;d77#b77 is amended by striking is not entitled to employment authorization and all that follows through prior to #ahj days after and inserting shall be provided employment authorization #ahj days after4 ,e ,shortage of immigration court resources for removal proceedings #ceja4 ,shortage of immigration court personnel for removal proceedings 7a7 ,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-- 7#a7 #ge in fiscal year #bjad2 7#b7 #ge in fiscal year #bjae2 and 7#c7 #ge in fiscal year #bjaf4 7b7 ,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 staff1 including the equivalent of #a staff attorney or law clerk and #a legal assistant4 7c7 ,annual increases in board of immigration appeals personnel ,the ,attorney ,general shall increase the number of ,board of ,immigration ,appeals staff attorneys 7including the necessary additional support staff7 to efficiently process cases by at least-- 7#a7 #cj in fiscal year #bjad2 7#b7 #cj in fiscal year #bjae2 and 7#c7 #cj in fiscal year #bjaf4 7d7 ,funding ,there shall be appropriated1 from the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a71 such sums as may be necessary to carry out this section4 #cejb4 ,improving immigration court efficiency and reducing costs by increasing access to legal information 7a7 ,clarification regarding the authority of the ,attorney ,general ,to appoint counsel to aliens in immigration proceedings ,section #bib 7#h ,u4,s4,c4 #acfb7 is amended-- 7#a7 by inserting 7a7 before ,in any2 7#b7 by striking 7at no expense to the ,government72 7#c7 by striking he shall and inserting the person shall2 and 7#d7 by adding at the end the following3 7b7 ,the ,government is not required to provide counsel to aliens under subsection 7a74 ,however1 the ,attorney ,general may1 in the ,attorney ,general's sole and unreviewable discretion1 appoint or provide counsel to aliens in immigration proceedings conducted under section #bdj of this ,act4 4 7b7 ,appointment of counsel in certain cases2 right ,to review certain documents in removal proceedings ,section #bdj7;b7 7#h ,u4,s4,c4 #abbi;a7b77 is amended-- 7#a7 in paragraph 7#d7-- 7,a7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,c7 and 7,d71 respectively2 7,b7 in subparagraph 7,a71 by striking 1 at no expense to the ,government12 7,c7 by inserting after subparagraph 7,a7 the following new subparagraph3 7,b7 the alien shall1 at the beginning of the proceedings or at a reasonable time thereafter1 automatically receive a complete copy of all relevant documents in the possession of the ,department of ,homeland ,security1 including all documents 7other than documents protected from disclosure by privilege1 including national security information referenced in subparagraph 7,c71 law enforcement sensitive information1 and information prohibited from disclosure pursuant to any other provision of law7 contained in the file maintained by the ,government that includes information with respect to all transactions involving the alien during the immigration process 7commonly referred to as an ,a-file71 and all documents pertaining to the alien that the ,department of ,homeland ,security has obtained or received from other government agencies1 unless the alien waives the right to receive such documents by executing a knowing and voluntary waiver in a language that he or she understands fluently1 2 and 7,d7 by adding at the end the following3 ,the ,government is not required to provide counsel to aliens under this paragraph4 ,however1 the ,attorney ,general may1 in the ,attorney ,general's sole and unreviewable discretion1 appoint or provide counsel at government expense to aliens in immigration proceedings4 2 and 7#b7 by adding at the end the following new paragraph3 7#h7 ,failure to provide alien required documents ,in the absence of a waiver under subparagraph 7,b7 of paragraph 7#d71 a removal proceeding may not proceed until the alien has received the documents as required under such subparagraph4 4 7c7 ,appointment of counsel for unaccompanied alien children and aliens with a serious mental disability ,section #bib 7#h ,u4,s4,c4 #acfb71 as amended by subsection 7a71 is further amended by adding at the end the following3 7c7 ,notwithstanding subsection 7b71 the ,attorney ,general shall appoint counsel1 at the expense of the ,government if necessary1 to represent an alien in a removal proceeding who has been determined by the ,secretary to be an unaccompanied alien child1 is incompetent to represent himself or herself due to a serious mental disability that would be included in section #c7a7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb7a771 or is considered particularly vulnerable when compared to other aliens in removal proceedings1 such that the appointment of counsel is necessary to help ensure fair resolution and efficient adjudication of the proceedings4 4 7d7 ,funding ,there shall be appropriated1 from the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a71 such sums as may be necessary to carry out this section and the amendments made by this section4 #cejc4 ,office of ,legal ,access ,programs 7a7 ,establishment of ,office of ,legal ,access ,programs ,the ,attorney ,general shall maintain1 within the ,executive ,office for ,immigration ,review1 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 information4 7b7 ,legal orientation programs ,the legal orientation programs-- 7#a7 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 services2 7#b7 may provide services to detained aliens in immigration proceedings under sections #bce1 #bch1 #bdj1 and #bda7;a77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe1 #abbh1 #abbi;a1 and #abca7;a77#e77 and to other aliens in immigration and asylum proceedings under sections #bce1 #bch1 and #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe1 #abbh1 and #abbi;a72 and 7#c7 shall identify unaccompanied alien children1 aliens with a serious mental disability1 and other particularly vulnerable aliens for consideration by the ,attorney ,general pursuant to section #bib7;c7 of the ,immigration and ,nationality ,act1 as added by section #cejb7;c74 7c7 ,procedures ,the ,secretary1 in consultation with the ,attorney ,general1 shall establish procedures that ensure that legal orientation programs are available for all detained aliens within #e days of arrival into custody and to inform such aliens of the basic procedures of immigration hearings1 their rights relating to those hearings under the immigration laws1 information that may deter such aliens from filing frivolous legal claims1 and any other information deemed appropriate by the ,attorney ,general1 such as a contact list of potential legal resources and providers4 7d7 ,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 person4 7e7 ,funding ,there shall be appropriated1 from the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a71 such sums as may be necessary to carry out this section4 #cejd4 ,codifying ,board of ,immigration ,appeals 7a7 ,definition of board member ,section #aja7;a7 7#h ,u4,s4,c4 #aaja7;a77 is amended by adding at the end the following3 7#ec7 ,the term ,board ,member means an attorney whom the ,attorney ,general appoints to serve on the ,board of ,immigration ,appeals within the ,executive ,office of ,immigration ,review1 and is qualified to review decisions of immigration judges and other matters within the jurisdiction of the ,board of ,immigration ,appeals4 4 7b7 ,board of ,immigration ,appeals ,section #bdj7;a77#a7 7#h ,u4,s4,c4 #abbi;a7a77#a77 is amended by adding at the end the following3 ,the ,board of ,immigration ,appeals and its ,board ,members shall review decisions of immigration judges under this section44 7c7 ,appeals ,section #bdj7;b77#d7 7#h ,u4,s4,c4 #abbi;a7b77#d771 as amended by section #cejb7;b71 is further amended-- 7#a7 in subparagraph 7,b71 by striking 1 and and inserting a semicolon2 7#b7 in subparagraph 7,c71 by striking the period and inserting 2 and2 and 7#c7 by inserting after subparagraph 7,c7 the following3 7,d7 the alien or the ,department of ,homeland ,security may appeal the immigration judge's decision to a #c-;judge panel of the ,board of ,immigration ,appeals4 4 7d7 ,decision and burden of proof ,section #bdj7;c77#a77;,a7 7#h ,u4,s4,c4 #abbi;a7c77#a77;,a77 is amended to read as follows3 7,a7 ,in general ,at the conclusion of the proceeding1 the immigration judge shall decide whether an alien is removable from the ,united ,states4 ,the determination of the immigration judge shall be based only on the evidence produced at the hearing4 ,on appeal1 the ,board of ,immigration ,appeals shall issue a written opinion4 ,the opinion shall address all dispositive arguments raised by the parties4 ,the panel may incorporate by reference the opinion of the immigration judge whose decision is being reviewed1 provided that the panel also addresses any arguments made by the nonprevailing party regarding purported errors of law1 fact1 or discretion4 4 #ceje4 ,improved training for immigration judges and ,board ,members 7a7 ,in general ,section #bdj 7#h ,u4,s4,c4 #abbi;a7 is amended by adding at the end the following3 7f7 ,improved training 7#a7 ,improved training for immigration judges and board members 7,a7 ,in general ,in consultation with the ,attorney ,general and the ,director of the ,federal ,judicial ,center1 the ,director of the ,executive ,office for ,immigration ,review shall review and modify1 as appropriate1 training programs for immigration judges and ,board ,members4 7,b7 ,elements of review ,each such review shall study-- 7i7 the expansion of the training program for new immigration judges and ,board ,members2 7ii7 continuing education regarding current developments in the field of immigration law2 and 7iii7 methods to ensure that immigration judges are trained on properly crafting and dictating decisions4 7#b7 ,improved training and guidance for staff ,the ,director of the ,executive ,office for ,immigration ,review shall-- 7,a7 modify guidance and training regarding screening standards and standards of review2 and 7,b7 ensure that ,board ,members provide staff attorneys with appropriate guidance in drafting decisions in individual cases1 consistent with the policies and directives of the ,director of the ,executive ,office for ,immigration ,review and the ,chairman of the ,board of ,immigration ,appeals4 4 7b7 ,funding ,there shall be appropriated1 from the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a71 such sums as may be necessary to carry out this section and the amendment made by this section4 #cejf4 ,improved resources and technology for immigration courts and ,board of ,immigration ,appeals 7a7 ,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 sit4 7b7 ,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 courts4 7c7 ,recording system and other technologies 7#a7 ,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 ,review4 7#b7 ,audio recording system ,consistent with the plan described in paragraph 7#a71 the ,director shall pilot a digital audio recording system not later than #a year after the enactment of this ,act1 and shall begin nationwide implementation of that system as soon as practicable4 7d7 ,improved transcription services ,not later than #a year after the enactment of this ,act1 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 transcription4 7e7 ,improved interpreter selection ,not later than #a year after the enactment of this ,act1 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 screening1 hiring1 certification1 and evaluation of staff and contract interpreters4 7f7 ,funding ,there shall be appropriated1 from the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a71 such sums as may be necessary to carry out this section4 #cejg4 ,transfer of responsibility for trafficking protections 7a7 ,transfer of responsibility 7#a7 ,in general ,all unexpended balances appropriated or otherwise available to the ,department of ,health and ,human ,services and its ,office of ,refugee ,resettlement in connection with the functions provided for in paragraphs 7#e7 and 7#f7 of section #bce7;c7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;c771 shall1 subject to section #bjb of the ,budget and ,accounting ,procedures ,act of #aiej1 be transferred to the ,department of ,justice4 ,funds transferred pursuant to this paragraph shall remain available until expended and shall be used only for the purposes for which the funds were originally authorized and appropriated4 7#b7 ,contract authority ,the ,attorney ,general may award grants to1 and enter into contracts to carry out the functions set forth in paragraphs 7#e7 and 7#f7 of ,section #bce7;c7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh4 7b7 ,conforming amendments ,section #bce7;c7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;c77 is amended-- 7#a7 in paragraph 7#e7-- 7,a7 by striking ,secretary of ,health and ,human ,services each place it appears and inserting ,attorney ,general2 and 7,b7 by striking the last sentence2 and 7#b7 in paragraph 7#f7-- 7,a7 by striking ,secretary of ,health and ,human ,services each place it appears and inserting ,attorney ,general2 7,b7 in subparagraphs 7,b77ii71 7,d71 and 7,f71 by striking ,secretary each place it appears and inserting ,attorney ,general2 and 7,c7 in subparagraph 7,f71 by striking and ,human ,services4 ,f ,prevention of trafficking in persons and abuses involving workers recruited abroad #cfja4 ,definitions 7a7 ,in general ,except as otherwise provided by this subtitle1 the terms used in this subtitle shall have the same meanings1 respectively1 as are given those terms in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7b7 ,other definitions 7#a7 ,foreign labor contractor ,the term foreign labor contractor means any person who performs foreign labor contracting activity1 including any person who performs foreign labor contracting activity wholly outside of the ,united ,states1 except that the term does not include any entity of the ,united ,states ,government4 7#b7 ,foreign labor contracting activity ,the term foreign labor contracting activity means recruiting1 soliciting1 or related activities with respect to an individual who resides outside of the ,united ,states in furtherance of employment in the ,united ,states1 including when such activity occurs wholly outside of the ,united ,states4 7#c7 ,person ,the term person means any natural person or any corporation1 company1 firm1 partnership1 joint stock company or association or other organization or entity 7whether organized under law or not71 including municipal corporations4 7#d7 ,worker ,the term worker means an individual who is the subject of foreign labor contracting activity and does not include an exchange visitor 7as defined in section #fb4b of title #bb1 ,code of ,federal ,regulations1 or any similar successor regulation74 #cfjb4 ,disclosure 7a7 ,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 recruitment1 the following information3 7#a7 ,the identity and address of the employer and the identity and address of the person conducting the recruiting on behalf of the employer1 including any subcontractor or agent involved in such recruiting4 7#b7 ,all assurances and terms and conditions of employment1 from the prospective employer for whom the worker is being recruited1 including the work hours1 level of compensation to be paid1 the place and period of employment1 a description of the type and nature of employment activities1 any withholdings or deductions from compensation and any penalties for terminating employment4 7#c7 ,a signed copy of the work contract between the worker and the employer4 7#d7 ,the type of visa under which the foreign worker is to be employed1 the length of time for which the visa will be valid1 the terms and conditions under which the visa may be renewed1 and a clear statement of any expenses associated with securing or renewing the visa4 7#e7 ,an itemized list of any costs or expenses to be charged to the worker and any deductions to be taken from wages1 including any costs for housing or accommodation1 transportation to and from the worksite1 meals1 health insurance1 workers' compensation1 costs of benefits provided1 medical examinations1 healthcare1 tools1 or safety equipment costs4 7#f7 ,the existence of any labor organizing effort1 strike1 lockout1 or other labor dispute at the place of employment4 7#g7 ,whether and the extent to which workers will be compensated through workers' compensation1 private insurance1 or otherwise for injuries or death1 including work-related injuries and death1 during the period of employment and1 if so1 the name of the ,state workers' compensation insurance carrier or the name of the policyholder of the private insurance1 the name and the telephone number of each person who must be notified of an injury or death1 and the time period within which such notice must be given4 7#h7 ,a statement1 in a form specified by the ,secretary-- 7,a7 stating that-- 7i7 no foreign labor contractor1 agent1 or employee of a foreign labor contractor1 may lawfully assess any fee 7including visa fees1 processing fees1 transportation fees1 legal expenses1 placement fees1 and other costs7 to a worker for any foreign labor contracting activity2 and 7ii7 the employer may bear such costs or fees for the foreign labor contractor1 but that these fees cannot be passed along to the worker2 7,b7 explaining that-- 7i7 no additional significant requirements or changes may be made to the original contract signed by the worker without at least #bd hours to consider such changes and the specific consent of the worker1 obtained voluntarily and without threat of penalty2 and 7ii7 any significant changes made to the original contract that do not comply with clause 7i7 shall be a violation of this subtitle and be subject to the provisions of section #cfaj of this ,act2 and 7,c7 describing the protections afforded the worker by this section and by section #bjb of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #acge;b7 and any applicable visa program1 including-- 7i7 relevant information about the procedure for filing a complaint provided for in section #cfaj2 and 7ii7 the telephone number for the national human trafficking resource center hotline number4 7#i7 ,any education or training to be provided or required1 including-- 7,a7 the nature1 timing1 and cost of such training2 7,b7 the person who will pay such costs2 7,c7 whether the training is a condition of employment1 continued employment1 or future employment2 and 7,d7 whether the worker will be paid or remunerated during the training period1 including the rate of pay4 7b7 ,relationship to labor and employment laws ,nothing in the disclosure required by subsection 7a7 shall constitute a legal conclusion as to the worker's status or rights under the labor and employment laws4 7c7 ,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 subsection 7a74 ,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 #aeai of title #ah1 ,united ,states ,code4 #cfjc4 ,prohibition on discrimination 7a7 ,in general ,it shall be unlawful for an employer or a foreign labor contractor to fail or refuse to hire1 discharge1 intimidate1 threaten1 restrain1 coerce1 or blacklist any individual or otherwise discriminate against an individual with respect to compensation1 terms1 conditions1 or privileges of employment1 because of such individual's race1 color1 creed1 sex1 national origin1 religion1 age1 or disability4 7b7 ,determinations of discrimination ,for the purposes of determining the existence of unlawful discrimination under subsection 7a7-- 7#a7 in the case of a claim of discrimination based on race1 color1 creed1 sex1 national origin1 or religion1 the same legal standards shall apply as are applicable under title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 7#b7 in the case of a claim of discrimination based on unlawful discrimination based on age1 the same legal standards shall apply as are applicable under the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq472 and 7#c7 in the case of a claim of discrimination based on disability1 the same legal standards shall apply as are applicable under title ,i of the ,americans ,with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaaa et seq474 #cfjd4 ,recruitment fees ,no employer1 foreign labor contractor1 or agent or employee of a foreign labor contractor1 shall assess any fee 7including visa fees1 processing fees1 transportation fees1 legal expenses1 placement fees1 and other costs7 to a worker for any foreign labor contracting activity4 #cfje4 ,registration 7a7 ,requirement ,to register 7#a7 ,in general ,subject to paragraph 7#b71 prior to engaging in any foreign labor contracting activity1 any person who is a foreign labor contractor or who1 for any money or other valuable consideration paid or promised to be paid1 performs a foreign labor contracting activity on behalf of a foreign labor contractor1 shall obtain a certificate of registration from the ,secretary of ,labor pursuant to regulations promulgated by the ,secretary under subsection 7c74 7#b7 ,exception for certain employers ,an employer1 or employee of an employer1 who engages in foreign labor contracting activity solely to find employees for that employer's own use1 and without the participation of any other foreign labor contractor1 shall not be required to register under this section4 7b7 ,notification 7#a7 ,annual employer notification ,each employer shall notify the ,secretary1 not less frequently than once every year1 of the identity of any foreign labor contractor involved in any foreign labor contracting activity for1 or on behalf of1 the employer1 including at a minimum1 the name and address of the foreign labor contractor1 a description of the services for which the foreign labor contractor is being used1 whether the foreign labor contractor is to receive any economic compensation for the services1 and1 if so1 the identity of the person or entity who is paying for the services4 7#b7 ,annual foreign labor contractor notification ,each foreign labor contractor shall notify the ,secretary1 not less frequently than once every year1 of the identity of any subcontractee1 agent1 or foreign labor contractor employee involved in any foreign labor contracting activity for1 or on behalf of1 the foreign labor contractor4 7#c7 ,noncompliance notification ,an employer shall notify the ,secretary of the identity of a foreign labor contractor whose activities do not comply with this subtitle4 7#d7 ,agreement ,not later than #g days after receiving a request from the ,secretary1 an employer shall provide the ,secretary with the identity of any foreign labor contractor with which the employer has a contract or other agreement4 7c7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 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 contractors1 including-- 7#a7 a declaration1 subscribed and sworn to by the applicant1 stating the applicant's permanent place of residence1 the foreign labor contracting activities for which the certificate is requested1 and such other relevant information as the ,secretary may require2 7#b7 a set of fingerprints of the applicant2 7#c7 an expeditious means to update registrations and renew certificates2 7#d7 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 applicant1 if the applicant has left the jurisdiction in which the action is commenced1 otherwise has become unavailable to accept service1 or is subject to personal jurisdiction in no ,state2 7#e7 providing for the consent of any foreign labor recruiter to jurisdiction in the ,department or any ,federal or ,state court in the ,united ,states for any action brought by any aggrieved individual or worker2 7#f7 providing for cooperation in any investigation by the ,secretary or other appropriate authorities2 7#g7 providing for consent to the forfeiture of the bond for failure to cooperate with these provisions2 7#h7 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 violation2 and 7#i7 providing for consultation with other appropriate ,federal agencies to determine whether any reason exists to deny registration to a foreign labor contractor4 7d7 ,term of registration ,unless suspended or revoked1 a certificate under this section shall be valid for #b years4 7e7 ,application fee 7#a7 ,requirement for fee ,in addition to any other fees authorized by law1 the ,secretary shall impose a fee1 to be deposited in the general fund of the ,treasury1 on a foreign labor contractor that submits an application for a certificate of registration under this section4 7#b7 ,amount of fee ,the amount of the fee required by paragraph 7#a7 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 subtitle1 including worker education and any additional costs associated with the administration of the fees collected4 7f7 ,refusal ,to issue2 revocation ,in accordance with regulations promulgated by the ,secretary1 the ,secretary shall refuse to issue or renew1 or shall revoke and debar from eligibility to obtain a certificate of registration for a period of not greater than #e years1 after notice and an opportunity for a hearing1 a certificate of registration under this section if-- 7#a7 the applicant for1 or holder of1 the certification has knowingly made a material misrepresentation in the application for such certificate2 7#b7 the applicant for1 or holder of1 the certification is not the real party in interest in the application or certificate of registration and the real party in interest-- 7,a7 is a person who has been refused issuance or renewal of a certificate2 7,b7 has had a certificate revoked2 or 7,c7 does not qualify for a certificate under this section2 7#c7 the applicant for1 or holder of1 the certification has been convicted within the preceding #e years of-- 7,a7 any felony under ,state or ,federal law or crime involving robbery1 bribery1 extortion1 embezzlement1 grand larceny1 burglary1 arson1 violation of narcotics laws1 murder1 rape1 assault with intent to kill1 assault which inflicts grievous bodily injury1 prostitution1 peonage1 or smuggling or harboring individuals who have entered the ,united ,states illegally2 or 7,b7 any crime relating to gambling1 or to the sale1 distribution or possession of alcoholic beverages1 in connection with or incident to any labor contracting activities2 or 7#d7 the applicant for1 or holder of1 the certification has materially failed to comply with this section4 7g7 ,re-registration of violators ,the ,secretary shall establish a procedure by which a foreign labor contractor that has had its registration revoked under subsection 7f7 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 #e years and that the foreign labor contractor has taken sufficient steps to prevent future violations of this subtitle4 #cfjf4 ,bonding requirement 7a7 ,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 workers1 including wages4 7b7 ,regulations ,the ,secretary1 by regulation1 shall establish the conditions under which the bond amount is determined1 paid1 and forfeited4 7c7 ,relationship to other remedies ,the bond requirements and forfeiture of the bond under this section shall be in addition to other remedies under #cfaj or any other law4 #cfjg4 ,maintenance of lists 7a7 ,in general ,the ,secretary shall maintain-- 7#a7 a list of all foreign labor contractors registered under this subsection1 including-- 7,a7 the countries from which the contractors recruit2 7,b7 the employers for whom the contractors recruit2 7,c7 the visa categories and occupations for which the contractors recruit2 and 7,d7 the ,states where recruited workers are employed2 and 7#b7 a list of all foreign labor contractors whose certificate of registration the ,secretary has revoked4 7b7 ,updates2 availability ,the ,secretary shall-- 7#a7 update the lists required by subsection 7a7 on an ongoing basis1 not less frequently than every #f months2 and 7#b7 make such lists publicly available1 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 country4 7c7 ,inter-agency availability ,the ,secretary shall share the information described in subsection 7a7 with the ,secretary of ,state4 #cfjh4 ,amendment to the ,immigration and ,nationality ,act ,section #bad 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7s7 ,a visa shall not be issued under the subparagraph 7,a77iii71 7,b77i7 7but only for domestic servants described in clause 7i7 or 7ii7 of section #bgd;a4#ab7;c77#ag7 of title #h1 ,code of ,federal ,regulations 7as in effect on ,december #d1 #bjjg771 7,g77v71 7,h71 7,j71 7,l71 7,q71 7,r71 or 7,w7 of section #aja7;a77#ae7 until the consular officer-- 7#a7 has provided to and reviewed with the applicant1 in the applicant's language 7or a language the applicant understands71 a copy of the information and resources pamphlet required by section #bjb of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #acge;b72 and 7#b7 has reviewed and made a part of the visa file the foreign labor recruiter disclosures required by section #cfjb of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 including whether the foreign labor recruiter is registered pursuant to that section4 4 #cfji4 ,responsibilities of ,secretary of ,state 7a7 ,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 subtitle4 7b7 ,provision of information ,the responsible person referred to in subsection 7a7 shall ensure that the information received is provided to the ,department of ,justice1 the ,department of ,labor1 or any other relevant ,federal agency4 7c7 ,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 7a74 7d7 ,assistance from foreign government ,the person designated for receiving information pursuant to subsection 7a7 is strongly encouraged to coordinate with governments and civil society organizations in the countries of origin to ensure the worker receives additional support4 7e7 ,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 workers4 ,the ,secretary of ,state shall make such information publicly available in written form and online1 including on the websites of ,united ,states embassies in the official language of that country4 7f7 ,annual public disclose ,the ,secretary of ,state shall make publicly available online1 on an annual basis1 data disclosing the gender1 country of origin and state1 if available1 date of birth1 wage1 level of training1 and occupation category1 disaggregated by job and by visa category and subcategory4 #cfaj4 ,enforcement provisions 7a7 ,complaints and investigations ,the ,secretary-- 7#a7 shall establish a process for the receipt1 investigation1 and disposition of complaints filed by any person1 including complaints respecting a foreign labor contractor's compliance with this subtitle2 and 7#b7 either pursuant to the process required by paragraph 7#a7 or otherwise1 may investigate employers or foreign labor contractors1 including actions occurring in a foreign country1 as necessary to determine compliance with this subtitle4 7b7 ,enforcement 7#a7 ,in general ,a worker who believes that he or she has suffered a violation of this subtitle may seek relief from an employer by-- 7,a7 filing a complaint with the ,secretary within #c years after the date on which the violation occurred or date on which the employee became aware of the violation2 or 7,b7 if the ,secretary has not issued a final decision within #abj days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant1 bringing an action at law or equity for de novo review in the appropriate district court of the ,united ,states1 which shall have jurisdiction over such an action without regard to the amount in controversy4 7#b7 ,procedure 7,a7 ,in general ,unless otherwise provided herein1 a complaint under paragraph 7#a77;,a7 shall be governed under the rules and procedures set forth in paragraphs 7#a7 and 7#b77;,a7 of section #dbaba7;b7 of title #di1 ,united ,states ,code4 7,b7 ,exception ,notification of a complaint under paragraph 7#a77;,a7 shall be made to each person or entity named in the complaint as a defendant and to the employer4 7,c7 ,statute of limitations ,an action filed in a district court of the ,united ,states under paragraph 7#a77;,b7 shall be commenced not later than #ahj days after the last day of the #abj-;day period referred to in that paragraph4 7,d7 ,jury trial ,a party to an action brought under paragraph 7#a77;,b7 shall be entitled to trial by jury4 7c7 ,administrative enforcement 7#a7 ,in general ,if the ,secretary finds1 after notice and an opportunity for a hearing1 any foreign labor contractor or employer failed to comply with any of the requirements of this subtitle1 the ,secretary may impose the following against such contractor or employer-- 7,a7 a fine in an amount not more than #aj1jjj per violation2 and 7,b7 upon the occasion of a third violation or a failure to comply with representations1 a fine of not more than #be1jjj per violation4 7d7 ,authority ,to ensure compliance ,the ,secretary is authorized to take other such actions1 including issuing subpoenas and seeking appropriate injunctive relief and recovery of damages1 as may be necessary to assure compliance with the terms and conditions of this subtitle4 7e7 ,bonding ,pursuant to the bonding requirement in section #cfjf1 bond liquidation and forfeitures shall be in addition to other remedies under this section or any other law4 7f7 ,civil action 7#a7 ,in general ,the ,secretary or any person aggrieved by a violation of this subtitle may bring a civil action against any foreign labor contractor that does not meet the requirements under subsection 7g77#b7 in any court of competent jurisdiction-- 7,a7 to seek remedial action1 including injunctive relief2 7,b7 to recover damages on behalf of any worker harmed by a violation of this subsection2 and 7,c7 to ensure compliance with requirements of this section4 7#b7 ,actions by the secretary of homeland security 7,a7 ,sums recovered ,any sums recovered by the ,secretary on behalf of a worker under paragraph 7#a7 or through liquidation of the bond held pursuant to section #cfjf shall be held in a special deposit account and shall be paid1 on order of the ,secretary1 directly to each worker affected4 ,any such sums not paid to a worker because of inability to do so within a period of #e 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 persons4 ,the ,secretary shall work with any attorney or organization representing workers to locate workers owed sums under this section4 7,b7 ,representation ,except as provided in section #eah7;a7 of title #bh1 ,united ,states ,code1 the ,attorney ,general may appear for and represent the ,secretary in any civil litigation brought under this paragraph4 ,all such litigation shall be subject to the direction and control of the ,attorney ,general4 7#c7 ,actions by individuals 7,a7 ,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 7or any regulation issued pursuant to this subtitle71 the court may award-- 7i7 damages1 up to and including an amount equal to the amount of actual damages1 and statutory damages of up to #a1jjj per plaintiff per violation1 or other equitable relief1 except that with respect to statutory damages-- 7,i7 multiple infractions of a single provision of this subtitle 7or of a regulation under this subtitle7 shall constitute only #a violation for purposes of section #cfjb7;a7 to determine the amount of statutory damages due a plaintiff2 and 7,,ii7 if such complaint is certified as a class action the court may award-- 7aa7 damages up to an amount equal to the amount of actual damages2 and 7bb7 statutory damages of not more than the lesser of up to #a1jjj per class member per violation1 or up to #ejj1jjj2 and other equitable relief2 7ii7 reasonable attorneys' fees and costs2 and 7iii7 such other and further relief1 including declaratory and injunctive relief1 as necessary to effectuate the purposes of this subtitle4 7,b7 ,criteria ,in determining the amount of statutory damages to be awarded under subparagraph 7,a71 the court is authorized to consider whether an attempt was made to resolve the issues in dispute before the resort to litigation4 7,c7 ,bond ,to satisfy the damages1 fees1 and costs found owing under this clause1 the ,secretary shall release as much of the bond held pursuant to section #cfjf as necessary4 7,d7 ,appeal ,any civil action brought under this section shall be subject to appeal as provided in chapter #hc of title #bh1 ,united ,states ,code 7#bh ,u4,s4,c4 #abia et seq474 7,e7 ,access to legal services corporation ,notwithstanding any other provision of law1 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 subtitle4 7g7 ,agency liability 7#a7 ,in general ,beginning #ahj days after the ,secretary has promulgated regulations pursuant to section #cfje7;c71 an employer who retains the services of a foreign labor contractor shall only use those foreign labor contractors who are registered under section #cfje4 7#b7 ,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 pursuant to section #cfjd4 7#c7 ,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 violation4 7h7 ,retaliation 7#a7 ,in general ,no person shall intimidate1 threaten1 restrain1 coerce1 discharge1 or in any other manner discriminate or retaliate against any worker or their family members 7including a former employee or an applicant for employment7 because such worker disclosed information to any person that the worker reasonably believes evidences a violation of this section 7or any rule or regulation pertaining to this section71 including seeking legal assistance of counsel or cooperating with an investigation or other proceeding concerning compliance with this section 7or any rule or regulation pertaining to this section74 7#b7 ,enforcement ,an individual who is subject to any conduct described in paragraph 7#a7 may1 in a civil action1 recover appropriate relief1 including reasonable attorneys' fees and costs1 with respect to that violation4 ,any civil action under this subparagraph shall be stayed during the pendency of any criminal action arising out of the violation4 7i7 ,waiver of rights ,agreements by employees purporting to waive or to modify their rights under this subtitle shall be void as contrary to public policy4 7j7 ,presence during pendency of actions 7#a7 ,in general ,if other immigration relief is not available1 the ,attorney ,general and the ,secretary 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 section4 7#b7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall promulgate regulations to carry out paragraph 7#a74 #cfaa4 ,detecting and preventing child trafficking ,the ,secretary shall mandate the live training of all ,u4,s4 ,customs and ,border ,protection personnel who are likely to come into contact with unaccompanied alien children4 ,such training shall incorporate the services of child welfare professionals with expertise in culturally competent1 trauma-centered1 and developmentally appropriate interviewing skills to assist ,u4,s4 ,customs and ,border ,protection in the screening of children attempting to enter the ,united ,states4 #cfab4 ,protecting child trafficking victims 7a7 ,short title ,this section may be cited as the ,child ,trafficking ,victims ,protection ,act4 7b7 ,defined term ,in this section1 the term unaccompanied alien children has the meaning given such term in section #dfb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi74 7c7 ,care and transportation ,notwithstanding any other provision of law1 the ,secretary shall ensure that all unaccompanied alien children who will undergo any immigration proceedings before the ,department or the ,executive ,office for ,immigration ,review are duly transported and placed in the care and legal and physical custody of the ,office of ,refugee ,resettlement not later than #gb hours after their apprehension absent exceptional circumstances1 including a natural disaster or comparable emergency beyond the control of the ,secretary or the ,office of ,refugee ,resettlement4 ,the ,secretary1 to the extent practicable1 shall ensure that female officers are continuously present during the transfer and transport of female detainees who are in the custody of the ,department4 7d7 ,qualified resources 7#a7 ,in general ,the ,secretary shall provide adequately trained and qualified staff and resources1 including the accommodation of child welfare officials1 in accordance with subsection 7e71 at ,u4,s4 ,customs and ,border ,protection ports of entry and stations4 7#b7 ,child welfare professionals ,the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary1 shall hire1 on a full- or part-time basis1 child welfare professionals who will provide assistance1 either in person or by other appropriate methods of communication1 in not fewer than #g of the ,u4,s4 ,customs and ,border ,protection offices or stations with the largest number of unaccompanied alien child apprehensions in the previous fiscal year4 7e7 ,child welfare professionals 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 shall ensure that qualified child welfare professionals with expertise in culturally competent1 trauma-centered1 and developmentally appropriate interviewing skills are available at each major port of entry described in subsection 7d74 7#b7 ,duties ,child welfare professionals described in paragraph 7#a7 shall-- 7,a7 develop guidelines for treatment of unaccompanied alien children in the custody of the ,department2 7,b7 conduct screening of all unaccompanied alien children in accordance with section #bce7;a77#d7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;a77#d772 7,c7 notify the ,department and the ,office of ,refugee ,resettlement of children that potentially meet the notification and transfer requirements set forth in subsections 7a7 and 7b7 of section #bce of such ,act 7#h ,u4,s4,c4 #abcb72 7,d7 interview adult relatives accompanying unaccompanied alien children2 7,e7 provide an initial family relationship and trafficking assessment and recommendations regarding unaccompanied alien children's initial placements to the ,office of ,refugee ,resettlement1 which shall be conducted in accordance with the time frame set forth in subsections 7a77#d7 and 7b77#c7 of section #bce of such ,act 7#h ,u4,s4,c4 #abcb72 and 7,f7 ensure that each unaccompanied alien child in the custody of ,u4,s4 ,customs and ,border ,protection-- 7i7 receives emergency medical care when necessary2 7ii7 receives emergency medical and mental health care that complies with the standards adopted pursuant to section #h7;c7 of the ,prison ,rape ,elimination ,act of #bjjc 7#db ,u4,s4,c4 #aefjg7;c77 whenever necessary1 including in cases in which a child is at risk to harm himself1 herself1 or others2 7iii7 is provided with climate appropriate clothing1 shoes1 basic personal hygiene and sanitary products1 a pillow1 linens1 and sufficient blankets to rest at a comfortable temperature2 7iv7 receives adequate nutrition2 7v7 enjoys a safe and sanitary living environment2 7vi7 has access to daily recreational programs and activities if held for a period longer than #bd hours2 7vii7 has access to legal services and consular officials2 and 7viii7 is permitted to make supervised phone calls to family members4 7#c7 ,final determinations ,the ,office of ,refugee ,resettlement in accordance with applicable policies and procedures for sponsors1 shall submit final determinations on family relationships to the ,secretary1 who shall consider such adult relatives for community-based support alternatives to detention4 7#d7 ,report ,not later than #ah months after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary shall submit a report to ,congress that-- 7,a7 describes the screening procedures used by the child welfare professionals to screen unaccompanied alien children2 7,b7 assesses the effectiveness of such screenings2 and 7,c7 includes data on all unaccompanied alien children who were screened by child welfare professionals2 7f7 ,immediate notification ,the ,secretary shall notify the ,office of ,refugee ,resettlement of an unaccompanied alien child in the custody of the ,department as soon as practicable1 but generally not later than #dh hours after the ,department encounters the child1 to effectively and efficiently coordinate the child's transfer to and placement with the ,office of ,refugee ,resettlement4 7g7 ,notice of rights and right to access to counsel 7#a7 ,in general ,the ,secretary shall ensure that all unaccompanied alien children1 upon apprehension1 are provided-- 7,a7 an interview and screening with a child welfare professional described in subsection 7e77#a72 and 7,b7 an orientation and oral and written notice of their rights under the ,immigration and ,nationality ,act1 including-- 7i7 their right to relief from removal2 7ii7 their right to confer with counsel 7as guaranteed under section #bib of such ,act 7#h ,u4,s4,c4 #acfb771 family1 or friends while in the temporary custody of the ,department2 and 7iii7 relevant complaint mechanisms to report any abuse or misconduct they may have experienced4 7#b7 ,languages ,the ,secretary shall ensure that-- 7,a7 the video orientation and written notice of rights described in paragraph 7#a7 is available in ,english and in the #e most common native languages spoken by the unaccompanied children held in custody at that location during the preceding fiscal year2 and 7,b7 the oral notice of rights is available in ,english and in the most common native language spoken by the unaccompanied children held in custody at that location during the preceding fiscal year4 7h7 ,confidentiality ,the ,secretary of ,health and ,human ,services shall maintain the privacy and confidentiality of all information gathered in the course of providing care1 custody1 placement1 and follow-up services to unaccompanied alien children1 consistent with the best interest of the unaccompanied alien child1 by not disclosing such information to other government agencies or nonparental third parties unless such disclosure is-- 7#a7 recorded in writing and placed in the child's file2 7#b7 in the child's best interest2 and 7#c7 7,a7 authorized by the child or by an approved sponsor in accordance with section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 and the ,health ,insurance ,portability and ,accountability ,act 7,public ,law #ajd-aia72 or 7,b7 provided to a duly recognized law enforcement entity to prevent imminent and serious harm to another individual4 7i7 ,other policies and procedures ,the ,secretary shall adopt fundamental child protection policies and procedures-- 7#a7 for reliable age determinations of children1 developed in consultation with medical and child welfare experts1 which exclude the use of fallible forensic testing of children's bone and teeth2 7#b7 to utilize all legal authorities to defer the child's removal if the child faces a risk of life-threatening harm upon return including due to the child's mental health or medical condition2 and 7#c7 to ensure1 in accordance with the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#db ,u4,s4,c4 #efja et seq471 that unaccompanied alien children1 while in detention1 are-- 7,a7 physically separated from any adult who is not an immediate family member2 and 7,b7 separated from-- 7i7 immigration detainees and inmates with criminal convictions2 7ii7 pretrial inmates facing criminal prosecution2 and 7iii7 inmates exhibiting violent behavior4 7j7 ,repatriation and reintegration program 7#a7 ,in general ,the ,administrator of the ,united ,states ,agency for ,international ,development1 in conjunction with the ,secretary1 the ,secretary of ,health and ,human ,services1 the ,attorney ,general1 international organizations1 and nongovernmental organizations in the ,united ,states with expertise in repatriation and reintegration1 shall create a multi-year program to develop and implement best practices and sustainable programs in the ,united ,states and within the country of return to ensure the safe and sustainable repatriation and reintegration of unaccompanied alien children into their country of nationality or of last habitual residence1 including placement with their families1 legal guardians1 or other sponsoring agencies4 7#b7 ,report on repatriation and reintegration of unaccompanied alien children ,not later than #ah months after the date of the enactment of this ,act1 and annually thereafter1 the ,administrator of the ,agency for ,international ,development shall submit a substantive report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives on efforts to improve repatriation and reintegration programs for unaccompanied alien children4 7k7 ,transfer of funds 7#a7 ,authorization ,the ,secretary1 in accordance with a written agreement between the ,secretary and the ,secretary of ,health and ,human ,services1 shall transfer such amounts as may be necessary to carry out the duties described in subsection 7f77#b7 from amounts appropriated for ,u4,s4 ,customs and ,border ,protection to the ,department of ,health and ,human ,services4 7#b7 ,report ,not later than #ae days before any proposed transfer under paragraph 7#a71 the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary1 shall submit a detailed expenditure plan that describes the actions proposed to be taken with amounts transferred under such paragraph to-- 7,a7 the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,appropriations of the ,house of ,representatives4 #cfac4 ,rule of construction ,nothing in this subtitle shall be construed to preempt or alter any other rights or remedies1 including any causes of action1 available under any other ,federal or ,state law4 #cfad4 ,regulations ,the ,secretary shall1 in consultation with the ,secretary of ,labor1 prescribe regulations to implement this subtitle and to develop policies and procedures to enforce the provisions of this subtitle4 ,g ,interior enforcement #cgja4 ,criminal street gangs 7a7 ,inadmissibility ,section #bab7;a77#b7 7#h ,u4,s4,c4 #aahb7;a77#b77 is amended by inserting after subparagraph 7,i7 the following3 7,j7 ,aliens in criminal street gangs 7i7 ,in general ,any alien is inadmissible-- 7,i7 who has been convicted of an offense for which an element was active participation in a criminal street gang 7as defined in section #eba7;a7 of title #ah1 ,united ,states ,code7 and the alien-- 7aa7 had knowledge that the gang's members engaged in or have engaged in a continuing series of offenses described in section #eba7;c7 of title #ah1 ,united ,states ,code2 and 7bb7 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 gang2 or 7,,ii7 subject to clause 7ii71 who is #ah years of age or older1 who is physically present outside the ,united ,states1 whom the ,secretary determines by clear and convincing evidence1 based upon law enforcement information deemed credible by the ,secretary1 has1 since the age of #ah1 knowingly and willingly participated in a criminal street gang with knowledge that such participation promoted or furthered the illegal activity of the gang4 7ii7 ,waiver ,the ,secretary may waive clause 7i77,,ii7 if the alien has renounced all association with the criminal street gang1 is otherwise admissible1 and is not a threat to the security of the ,united ,states4 4 7b7 ,grounds for deportation ,section #bcg7;a77#b7 7#h ,u4,s4,c4 #abbg7;a77#b77 is amended by adding at the end the following3 7,g7 ,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 7as defined in section #eba7;a7 of title #ah1 ,united ,states ,code71 and the alien-- 7i7 had knowledge that the gang's members engaged in or have engaged in a continuing series of offenses described in section #eba7;c7 of title #ah1 ,united ,states ,code2 and 7ii7 acted with the intention to promote or further the felonious activities the criminal street gang or increase his or her position in such gang4 4 7c7 ,ground of ineligibility for registered provisional immigrant status 7#a7 ,in general ,an alien who is #ah years of age or older is ineligible for registered provisional immigrant status if the ,secretary determines that the alien-- 7,a7 has been convicted of an offense for which an element was active participation in a criminal street gang 7as defined in section #eba7;a7 of title #ah1 ,united ,states ,code1 and the alien-- 7i7 had knowledge that the gang's members engaged in or have engaged in a continuing series of offenses described in section #eba7;c7 of title #ah1 ,united ,states ,code2 and 7ii7 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 gang2 or 7,b7 subject to paragraph 7#b71 any alien who is #ah years of age or older whom the ,secretary determines by clear and convincing evidence1 based upon law enforcement information deemed credible by the ,secretary1 has1 since the age of #ah1 knowingly and willingly participated in a such gang with knowledge that such participation promoted or furthered the illegal activity of such gang4 7#b7 ,waiver ,the ,secretary may waive the application of paragraph 7#a77;,b7 if the alien has renounced all association with the criminal street gang1 is otherwise admissible1 and is not a threat to the security of the ,united ,states4 #cgjb4 ,banning habitual drunk drivers from the ,united ,states 7a7 ,grounds for inadmissibility ,section #bab7;a77#b7 7#h ,u4,s4,c4 #aahb7;a77#b771 as amended by section #cgja7;a71 is further amended-- 7#a7 by redesignating subparagraph 7,f7 as subparagraph 7,l72 and 7#b7 by inserting after subparagraph 7,e7 the following3 7,f7 ,habitual drunk drivers ,an alien convicted of #c or more offenses for driving under the influence or driving while intoxicated on separate dates is inadmissible4 4 7b7 ,grounds for deportation ,section #bcg7;a77#b7 7#h ,u4,s4,c4 #abbg7;a77#b771 as amended by section #cgja7;b71 is further amended by adding at the end the following3 7,h7 ,habitual drunk drivers ,an alien convicted of #c or more offenses for driving under the influence or driving while intoxicated1 at least #a of which occurred after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 is deportable4 4 7c7 ,in general 7#a7 ,aggravated felony ,section #aja7;a77#dc77;,f7 7#h ,u4,s4,c4 #aaja7;a77#dc77;,f77 is amended by striking for which the term of imprisonment and inserting 1 including a third drunk driving conviction1 for which the term of imprisonment is4 7#b7 ,effective date and application 7,a7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect on the date of the enactment of this ,act4 7,b7 ,application 7i7 ,in general ,except as provided in subparagraph 7ii71 the amendment made by paragraph 7#a7 shall apply to a conviction for drunk driving that occurred before1 on1 or after such date of enactment4 7ii7 ,two or more prior convictions ,an alien who received #b or more convictions for drunk driving before the date of the enactment of this ,act may not be subject to removal for the commission of an aggravated felony pursuant to section #bcg7;a77#b77;,a77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77#b77;,a77iii77 on the basis of such convictions until the date on which the alien is convicted of a drunk driving offense after such date of enactment4 #cgjc4 ,sexual abuse of a minor ,section #aja7;a77#dc77;,a7 7#h ,u4,s4,c4 #aaja7;a77#dc77;,a77 is amended by striking murder1 rape1 or sexual abuse of a minor2 and inserting murder1 rape1 or sexual abuse of a minor1 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 conviction24 #cgjd4 ,illegal entry 7a7 ,in general ,section #bge 7#h ,u4,s4,c4 #acbe7 is amended to read as follows3 #bge4 ,illegal entry 7a7 ,in general 7#a7 ,criminal offenses ,an alien shall be subject to the penalties set forth in paragraph 7#b7 if the alien-- 7,a7 enters or crosses the border into the ,united ,states at any time or place other than as designated by the ,secretary of ,homeland ,security2 7,b7 eludes examination or inspection by an immigration officer1 or a customs or agriculture inspection at a port of entry2 or 7,c7 enters or crosses the border to the ,united ,states by means of a knowingly false or misleading representation or the concealment of a material fact4 7#b7 ,criminal penalties ,any alien who violates any provision under paragraph 7#a7-- 7,a7 shall1 for the first violation1 be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #ab months1 or both2 7,b7 shall1 for a second or subsequent violation1 or following an order of voluntary departure1 be fined under such title1 imprisoned not more than #c years1 or both2 7,c7 if the violation occurred after the alien had been convicted of #c or more misdemeanors with the convictions occurring on different dates or of a felony for which the alien served a term of imprisonment of #ae days or more1 shall be fined under such title1 imprisoned not more than #aj years1 or both2 and 7,d7 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 #cj months1 shall be fined under such title1 imprisoned not more than #ae years1 or both4 7#c7 ,prior convictions ,the prior convictions described in subparagraphs 7,c7 and 7,d7 of paragraph 7#b7 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-- 7,a7 alleged in the indictment or information2 and 7,b7 proven beyond a reasonable doubt at trial or admitted by the defendant under oath as part of a plea agreement4 7b7 ,improper time or place2 civil penalties ,any alien older than #ah years of age who is apprehended while knowingly entering1 attempting to enter1 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 penalty1 in addition to any criminal or other civil penalties that may be imposed under any other provision of law1 in an amount equal to-- 7#a7 not less than #bej or more than #e1jjj for each such entry1 crossing1 attempted entry1 or attempted crossing2 or 7#b7 twice the amount specified in paragraph 7#a7 if the alien had previously been subject to a civil penalty under this subsection4 7c7 ,fraudulent marriage ,an individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than #e years1 fined not more than #bej1jjj1 or both4 7d7 ,commercial enterprises ,any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than #e years1 fined in accordance with title #ah1 ,united ,states ,code1 or both4 4 7b7 ,clerical amendment ,the table of contents is amended by striking the item relating to section #bge and inserting the following3 ,sec4 #bge4 ,illegal entry4 4 7c7 ,effective date ,the amendments made by this section shall take effect #a year after the date of the enactment of this ,act4 #cgje4 ,reentry of removed alien ,section #bgf 7#h ,u4,s4,c4 #acbf7 is amended to read as follows3 #bgf4 ,reentry of removed alien 7a7 ,reentry after removal ,any alien who has been denied admission1 excluded1 deported1 or removed1 or who has departed the ,united ,states while an order of exclusion1 deportation1 or removal is outstanding1 and subsequently enters1 attempts to enter1 crosses the border to1 attempts to cross the border to1 or is at any time found in the ,united ,states1 shall be fined under title #ah1 ,united ,states ,code1 and imprisoned not more than #b years4 7b7 ,reentry of criminal offenders ,notwithstanding the penalty provided in subsection 7a71 if an alien described in that subsection-- 7#a7 was convicted for #c or more misdemeanors1 with the convictions occurring on different dates1 before such removal or departure1 the alien shall be fined under title #ah1 ,united ,states ,code1 and imprisoned not more than #aj years1 or both2 7#b7 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 #cj months1 the alien shall be fined under such title1 and imprisoned not more than #ae years1 or both2 7#c7 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 #fj months1 the alien shall be fined under such title1 and imprisoned not more than #bj years1 or both2 7#d7 was convicted for #c felonies1 with the convictions occurring on different dates before such removal or departure1 the alien shall be fined under such title1 and imprisoned not more than #bj years1 or both2 or 7#e7 was convicted1 before such removal or departure1 for murder1 rape1 kidnapping1 or a felony offense described in chapter #gg 7relating to peonage and slavery7 or #aac;,b 7relating to terrorism7 of such title1 the alien shall be fined under such title1 and imprisoned not more than #bj years1 or both4 7c7 ,reentry after repeated removal ,any alien who has been denied admission1 excluded1 deported1 or removed #c or more times and thereafter enters1 attempts to enter1 crosses the border to1 attempts to cross the border to1 or is at any time found in the ,united ,states1 shall be fined under title #ah1 ,united ,states ,code1 and imprisoned not more than #aj years1 or both4 7d7 ,proof of prior convictions ,the prior convictions described in subsection 7b7 are elements of the offenses described in that subsection1 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-- 7#a7 alleged in the indictment or information2 and 7#b7 proven beyond a reasonable doubt at trial or admitted by the defendant under oath as part of a plea agreement4 7e7 ,affirmative defenses ,it shall be an affirmative defense to a violation of this section that-- 7#a7 prior to the alleged violation1 the alien had sought and received the express consent of the ,secretary of ,homeland ,security to reapply for admission into the ,united ,states2 or 7#b7 at the time of the prior exclusion1 deportation1 removal1 or denial of admission alleged in the violation1 the alien had not yet reached #ah years of age and had not been convicted of a crime or adjudicated a delinquent minor by a court of the ,united ,states1 or a court of a state or territory1 for conduct that would constitute a felony if committed by an adult4 7f7 ,limitation on collateral attack on underlying deportation order ,in a criminal proceeding under this section1 an alien may not challenge the validity of the deportation order described in subsection 7a7 or subsection 7c7 unless the alien demonstrates that-- 7#a7 the alien exhausted any administrative remedies that may have been available to seek relief against the order2 7#b7 the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review2 and 7#c7 the entry of the order was fundamentally unfair4 7g7 ,reentry of alien removed prior to completion of term of imprisonment ,any alien removed pursuant to section #bda7;a77#d7 who enters1 attempts to enter1 crosses the border to1 attempts to cross the border to1 or is at any time found in1 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 removal4 ,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 law4 7h7 ,limitation ,it is not aiding and abetting a violation of this section for an individual to provide an alien with emergency humanitarian assistance1 including emergency medical care and food1 or to transport the alien to a location where such assistance can be rendered without compensation or the expectation of compensation4 7i7 ,definitions ,in this section3 7#a7 ,felony ,the term felony means any criminal offense punishable by a term of imprisonment of more than #a year under the laws of the ,united ,states1 any ,state1 or a foreign government4 7#b7 ,misdemeanor ,the term misdemeanor means any criminal offense punishable by a term of imprisonment of not more than #a year under the applicable laws of the ,united ,states1 any ,state1 or a foreign government4 7#c7 ,removal ,the term removal includes any denial of admission1 exclusion1 deportation1 or removal1 or any agreement by which an alien stipulates or agrees to exclusion1 deportation1 or removal4 7#d7 ,state ,the term ,state means a ,state of the ,united ,states1 the ,district of ,columbia1 and any commonwealth1 territory1 or possession of the ,united ,states4 4 #cgjf4 ,penalties relating to vessels and aircraft ,section #bdc7;c7 7#h ,u4,s4,c4 #abec7;c77 is amended-- 7#a7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 7#b7 by striking ,commissioner each place such term appears and inserting ,secretary of ,homeland ,security2 and 7#c7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking #b1jjj and inserting #e1jjj2 7,b7 in subparagraph 7,b71 by striking #e1jjj and inserting #aj1jjj2 7,c7 by amending subparagraph 7,c7 to read as follows3 7,c7 ,compromise ,the ,secretary of ,homeland ,security1 in the ,secretary's unreviewable discretion and upon the receipt of a written request1 may mitigate the monetary penalties required under this subsection for each alien stowaway to an amount equal to not less than #b1jjj1 upon such terms that the ,secretary determines to be appropriate4 2 and 7,d7 by inserting at the end the following3 7,d7 ,exception ,a person1 acting without compensation or the expectation of compensation1 is not subject to penalties under this paragraph if the person is-- 7i7 providing1 or attempting to provide1 an alien with humanitarian assistance1 including emergency medical care or food or water2 or 7ii7 transporting the alien to a location where such humanitarian assistance can be rendered without compensation or the expectation of compensation4 4 #cgjg4 ,reform of passport1 visa1 and immigration fraud offenses 7a7 ,trafficking in passports ,section #aeda of title #ah1 ,united ,states ,code1 is amended to read as follows3 #aeda4 ,trafficking in passports 7a7 ,multiple passports ,subject to subsection 7b71 any person who1 during any period of #c years or less1 knowingly-- 7#a7 and without lawful authority produces1 issues1 or transfers #c or more passports2 7#b7 forges1 counterfeits1 alters1 or falsely makes #c or more passports2 7#c7 secures1 possesses1 uses1 receives1 buys1 sells1 or distributes #c or more passports1 knowing the passports to be forged1 counterfeited1 altered1 falsely made1 stolen1 procured by fraud1 or produced or issued without lawful authority2 or 7#d7 completes1 mails1 prepares1 presents1 signs1 or submits #c or more applications for a ,united ,states passport1 knowing the applications to contain any materially false statement or representation1 shall be fined under this title1 imprisoned not more than #bj years1 or both4 7b7 ,use in a terrorism offense ,any person who commits an offense described in subsection 7a7 to facilitate an act of international terrorism 7as defined in section #bcca7 shall be fined under this title1 imprisoned not more than #be years1 or both4 7c7 ,passport materials ,any person who knowingly and without lawful authority produces1 buys1 sells1 possesses1 or uses any official material 7or counterfeit of any official material7 used to make #aj or more passports1 including any distinctive paper1 seal1 hologram1 image1 text1 symbol1 stamp1 engraving1 or plate1 shall be fined under this title1 imprisoned not more than #bj years1 or both4 4 7b7 ,false statement in an application for a passports ,section #aedb of title #ah1 ,united ,states ,code1 is amended to read as follows3 #aedb4 ,false statement in an application for a passport 7a7 ,in general ,any person who knowingly makes any material false statement or representation in an application for a ,united ,states passport1 or mails1 prepares1 presents1 or signs an application for a ,united ,states passport knowing the application to contain any material false statement or representation1 shall be fined under this title1 imprisoned not more than #be years 7if the offense was committed to facilitate an act of international terrorism 7as defined in section #bcca of this title771 #bj years 7if the offense was committed to facilitate a drug trafficking crime 7as defined in section #ibi7;a7 of this title771 #ae years 7in the case of any other offense71 or both4 7b7 ,venue 7#a7 ,in general ,an offense under subsection 7a7 may be prosecuted in any district-- 7,a7 in which the false statement or representation was made or the application for a ,united ,states passport was prepared or signed2 or 7,b7 in which or to which the application was mailed or presented4 7#b7 ,offenses outside the ,united ,states ,an offense under subsection 7a7 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 produced4 7c7 ,savings clause ,nothing in this section may be construed to limit the venue otherwise available under sections #cbcg and #cbch of this title4 4 7c7 ,misuse of a passport ,section #aedd of title #ah1 ,united ,states ,code1 is amended to read as follows3 #aedd4 ,misuse of a passport ,any person who knowingly-- 7#a7 misuses or attempts to misuse for their own purposes any passport issued or designed for the use of another2 7#b7 uses or attempts to use any passport in violation of the laws1 regulations1 or rules governing the issuance and use of the passport2 7#c7 secures1 possesses1 uses1 receives1 buys1 sells1 or distributes or attempts to secure1 possess1 use1 receive1 buy1 sell1 or distribute any passport knowing the passport to be forged1 counterfeited1 altered1 falsely made1 procured by fraud1 or produced or issued without lawful authority2 or 7#d7 substantially violates the terms and conditions of any safe conduct duly obtained and issued under the authority of the ,united ,states1 shall be fined under this title1 imprisoned not more than #be years 7if the offense was committed to facilitate an act of international terrorism 7as defined in section #bcca of this title771 #bj years 7if the offense was committed to facilitate a drug trafficking crime 7as defined in section #ibi7;a7 of this title771 #ae years 7in the case of any other offense71 or both4 4 7d7 ,schemes ,to provide fraudulent immigration services ,section #aede of title #ah1 ,united ,states ,code1 is amended to read as follows3 #aede4 ,schemes to provide fraudulent immigration services 7a7 ,in general ,any person who knowingly executes a scheme or artifice1 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 law1 to-- 7#a7 defraud any person2 or 7#b7 obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses1 representations1 or promises1 shall be fined under this title1 imprisoned not more than #aj years1 or both4 7b7 ,misrepresentation ,any person who knowingly and falsely represents that such person is an attorney or an accredited representative 7as that term is defined in section #abib4a of title #h1 ,code of ,federal ,regulations 7or any successor regulation77 in any matter arising under any ,federal immigration law shall be fined under this title1 imprisoned not more than #ae years1 or both4 4 7e7 ,immigration and visa fraud ,section #aedf of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by amending the section heading to read as follows3 #aedf4 ,immigration and visa fraud 2 7#b7 by redesignating subsection 7b7 as subsection 7d72 and 7#c7 by inserting after subsection 7a7 the following new subsections3 7b7 ,trafficking ,any person who1 during any period of #c years or less1 knowingly-- 7#a7 and without lawful authority produces1 issues1 or transfers #c or more immigration documents2 7#b7 forges1 counterfeits1 alters1 or falsely makes #c or more immigration documents2 7#c7 secures1 possesses1 uses1 buys1 sells1 or distributes #c or more immigration documents1 knowing the immigration documents to be forged1 counterfeited1 altered1 stolen1 falsely made1 procured by fraud1 or produced or issued without lawful authority2 or 7#d7 completes1 mails1 prepares1 presents1 signs1 or submits #c or more immigration documents knowing the documents to contain any materially false statement or representation1 shall be fined under this title1 imprisoned not more than #bj years1 or both4 7c7 ,immigration document materials ,any person who knowingly and without lawful authority produces1 buys1 sells1 possesses1 or uses any official material 7or counterfeit of any official material7 used to make #aj or more immigration documents1 including any distinctive paper1 seal1 hologram1 image1 text1 symbol1 stamp1 engraving1 or plate1 shall be fined under this title1 imprisoned not more than #bj years1 or both4 4 7f7 ,alternative imprisonment maximum for certain offenses ,section #aedg of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking 7other than an offense under section #aede72 7#b7 in paragraph 7#a71 by striking #ae and inserting #bj2 and 7#c7 in paragraph 7#b71 by striking #bj and inserting #be4 7g7 ,authorized law enforcement activities ,chapter #ge of title #ah1 ,united ,states ,code1 is amended by adding after section #aedg the following3 #aedh4 ,authorized law enforcement activities ,nothing in this chapter may be construed to prohibit-- 7#a7 any lawfully authorized investigative1 protective1 or intelligence activity of a law enforcement agency of the ,united ,states1 a ,state1 or a political subdivision of a ,state1 or an intelligence agency of the ,united ,states2 or 7#b7 any activity authorized under title ,v of the ,organized ,crime ,control ,act of #aigj 7,public ,law #ia-deb2 #hd ,stat4 #icc74 4 7h7 ,table of sections amendment ,the table of sections for chapter #ge of title #ah1 ,united ,states ,code1 is amended to read as follows3 ,sec4 #aeda4 ,trafficking in passports4 #aedb4 ,false statement in an application for a passport4 #aedc4 ,forgery or false use of a passport4 #aedd4 ,misuse of a passport4 #aede4 ,schemes to provide fraudulent immigration services4 #aedf4 ,immigration and visa fraud4 #aedg4 ,alternative imprisonment maximum for certain offenses4 #aedh4 ,authorized law enforcement activities4 4 #cgjh4 ,combating schemes to defraud aliens 7a7 ,regulations1 forms1 and procedures ,the ,secretary and the ,attorney ,general1 for matters within their respective jurisdictions arising under the immigration laws1 shall promulgate appropriate regulations1 forms1 and procedures defining the circumstances in which-- 7#a7 persons submitting applications1 petitions1 motions1 or other written materials relating to immigration benefits or relief from removal under the immigration laws will be required to identify who 7other than immediate family members7 assisted them in preparing or translating the immigration submissions2 and 7#b7 any person or persons who received compensation 7other than a nominal fee for copying1 mailing1 or similar services7 in connection with the preparation1 completion1 or submission of such materials will be required to sign the form as a preparer and provide identifying information4 7b7 ,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 the ,department4 7c7 ,definitions ,in this section3 7#a7 ,immigration laws ,the term immigration laws has the meaning given that term in section #aja7;a77#ag7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ag774 7#b7 ,immigration service provider ,the term immigration service provider means any individual or entity 7other than an attorney or individual otherwise authorized to provide representation in immigration proceedings as provided in ,federal regulation7 who1 for a fee or other compensation1 provides any assistance or representation to aliens in relation to any filing or proceeding relating to the alien which arises1 or which the provider claims to arise1 under the immigration laws1 executive order1 or presidential proclamation4 #cgji4 ,inadmissibility and removal for passport and immigration fraud offenses 7a7 ,inadmissibility ,section #bab7;a77#b77;,a77i7 7#h ,u4,s4,c4 #aahb7;a77#b77;,a77i77 is amended-- 7#a7 in subclause 7,i71 by striking 1 or at the end and inserting a semicolon2 7#b7 in subclause 7,,ii71 by striking the comma at the end and inserting 2 or2 and 7#c7 by inserting after subclause 7,,ii7 the following3 7,,iii7 a violation of section #aeda1 #aede1 and subsection 7b7 of section #aedf of title #ah1 ,united ,states ,code1 4 7b7 ,removal ,section #bcg7;a77#c77;,b77iii7 7#h ,u4,s4,c4 #abbg7;a77#c77;,b77iii77 is amended to read as follows3 7iii7 of a violation of section #aeda1 #aede1 and subsection 7b7 of section #aedf of title #ah1 ,united ,states ,code1 4 7c7 ,effective date ,the amendments made by subsections 7a7 and 7b7 shall apply to proceedings pending on or after the date of the enactment of this ,act1 with respect to conduct occurring on or after that date4 #cgaj4 ,directives related to passport and document fraud 7a7 ,directive to the ,united ,states ,sentencing ,commission 7#a7 ,in general ,pursuant to the authority under section #iid of title #bh1 ,united ,states ,code1 the ,united ,states ,sentencing ,commission shall promulgate or amend the sentencing guidelines1 policy statements1 and official commentaries1 if appropriate1 related to passport fraud offenses1 including the offenses described in chapter #ge of title #ah1 ,united ,states ,code1 as amended by section #cgjg1 to reflect the serious nature of such offenses4 7#b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,united ,states ,sentencing ,commission shall submit a report on the implementation of this subsection to-- 7,a7 the ,committee on the ,judiciary of the ,senate2 and 7,b7 the ,committee on the ,judiciary of the ,house of ,representatives4 7b7 ,protection for legitimate refugees and asylum seekers 7#a7 ,in general 7,a7 ,requirement for guidelines ,the ,attorney ,general1 in consultation with the ,secretary1 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 #ca7a7 of the ,convention ,relating to the ,status of ,refugees1 done at ,geneva ,july #bh1 #aiea 7as made applicable by the ,protocol ,relating to the ,status of ,refugees1 done at ,new ,york ,january #ca1 #aifg 7#ai ,,ust #fbbc774 7,b7 ,no private right of action ,the guidelines developed pursuant to subparagraph 7,a71 and any internal office procedures related to such guidelines-- 7i7 are intended solely for the guidance of attorneys of the ,united ,states2 and 7ii7 are not intended to1 do not1 and may not be relied upon to1 create any right or benefit1 substantive or procedural1 enforceable at law by any party in any administrative1 civil1 or criminal matter4 7#b7 ,protection of vulnerable persons ,a person described in paragraph 7#c7 may not be prosecuted under chapter #ge of title #ah1 ,united ,states ,code1 or under section #bge or #bgf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe and #acbf71 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 protection1 classification1 or status has been adjudicated and denied in accordance with the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7#c7 ,persons seeking protection1 classification1 or status ,a person described in this paragraph is a person who-- 7,a7 is seeking protection1 classification1 or status2 and 7,b7 7i7 has filed an application for asylum under section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh71 withholding of removal under section #bda7;b77#c7 of such ,act 7#h ,u4,s4,c4 #abca7;b77#c771 or relief under the ,convention against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york1 ,december #aj1 #aiid1 pursuant to title #h1 ,code of ,federal ,regulations2 7ii7 indicates immediately after apprehension1 that he or she intends to apply for such asylum1 withholding of removal1 or relief and promptly files the appropriate application2 7iii7 has been referred for a credible fear interview1 a reasonable fear interview1 or an asylum-only hearing under section #bce of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7 or part #bjh of title #h1 ,code of ,federal ,regulations2 or 7iv7 has filed an application for classification or status under-- 7,i7 subparagraph 7,t7 or 7,u7 of paragraph 7#ae71 paragraph 7#bg77;,j71 or paragraph 7#ea7 of section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a772 or 7,,ii7 section #baf7;c77#d77;,c7 or #bdj;,a7b77#b7 of such ,act 7#h ,u4,s4,c4 #aahf;a7c77#d77;,c7 and #abbi;b7b77#b774 #cgaa4 ,inadmissible aliens 7a7 ,deterring aliens ordered removed from remaining in the ,united ,states unlawfully ,section #bab7;a77#i77;,a7 7#h ,u4,s4,c4 #aahb7;a77#i77;,a77 is amended-- 7#a7 in clause 7i71 by striking seeks admission within #e years of the date of such removal 7or within #bj years and inserting seeks admission not later than #e years after the date of the alien's removal 7or not later than #bj years after the alien's removal2 and 7#b7 in clause 7ii71 by striking seeks admission within #aj years of the date of such alien's departure or removal 7or within #bj years of and inserting seeks admission not later than #aj years after the date of the alien's departure or removal 7or not later than #bj years after4 7b7 ,biometric screening ,section #bab 7#h ,u4,s4,c4 #aahb7 is amended-- 7#a7 in subsection 7a77#g71 by adding at the end the following3 7,c7 ,withholding information ,except as provided in subsection 7d77#b71 any alien who willfully1 through his or her own fault1 refuses to comply with a lawful request for biometric information is inadmissible4 2 and 7#b7 in subsection 7d71 by inserting after paragraph 7#a7 the following3 7#b7 ,the ,secretary may waive the application of subsection 7a77#g77;,c7 for an individual alien or a class of aliens4 4 7c7 ,precluding admissibility of aliens convicted of serious criminal offenses and domestic violence1 stalking1 child abuse1 and violation of protection orders 7#a7 ,inadmissibility on criminal and related grounds2 waivers ,section #bab 7#h ,u4,s4,c4 #aahb71 as amended by this ,act1 is further amended-- 7,a7 in subsection 7a77#b71 as amended by sections #cdja and #cdjb1 is further amended by inserting after subparagraph 7,j7 the following3 7,k7 ,crimes of domestic violence1 stalking1 or violation of protective orders2 crimes against children 7i7 ,domestic violence1 stalking1 and child abuse 7,i7 ,in general ,any alien who has been convicted of a crime of domestic violence1 a crime of stalking1 or a crime of child abuse1 child neglect1 or child abandonment1 provided the alien served at least #a year imprisonment for the crime1 or provided the alien was convicted of offenses constituting more than #a such crime1 not arising out of a single scheme of criminal misconduct1 is inadmissible4 7,,ii7 ,crime of domestic violence defined ,in this clause1 the term crime of domestic violence means any crime of violence 7as defined in section #af of title #ah1 ,united ,states ,code7 against a person committed by a current or former spouse of the person1 by an individual with whom the person shares a child in common1 by an individual who is cohabiting with or has cohabited with the person as a spouse1 by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs1 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 ,state1 ,indian tribal government1 or unit of local or foreign government4 7ii7 ,violators of protection orders 7,i7 ,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 violence1 repeated harassment1 or bodily injury to the person or persons for whom the protection order was issued1 is inadmissible4 7,,ii7 ,protection order defined ,in this clause1 the term protection order means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence1 including temporary or final orders issued by civil or criminal courts 7other than support or child custody orders or provisions7 whether obtained by filing an independent action or as an independent order in another proceeding4 7iii7 ,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 relationship1 upon a determination by the ,attorney ,general or the ,secretary of ,homeland ,security that-- 7,i7 the alien was acting in self-defense2 7,,ii7 the alien was found to have violated a protection order intended to protect the alien2 or 7,,iii7 the alien committed1 was arrested for1 was convicted of1 or pled guilty to committing a crime that did not result in serious bodily injury4 2 and 7,b7 in subsection 7h7-- 7i7 by striking ,the ,attorney ,general may1 in his discretion1 waive the application of subparagraphs 7,a77i77,i71 7,b71 7,d71 and 7,e7 of subsection 7a77#b7 and inserting ,the ,attorney ,general or the ,secretary of ,homeland ,security may waive the application of subparagraphs 7,a77i77,i71 7,b71 7,d71 and 7,e7 of subsection 7a77#b72 and 7ii7 by inserting or the ,secretary of ,homeland ,security after the ,attorney ,general each place that term appears4 7#b7 ,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 ,act4 #cgab4 ,organized and abusive human smuggling activities 7a7 ,enhanced penalties 7#a7 ,in general ,title ,,ii 7#h ,u4,s4,c4 #aaea et seq47 is amended by adding at the end the following3 #bie4 ,organized human smuggling 7a7 ,prohibited activities ,whoever1 while acting for profit or other financial gain1 knowingly directs or participates in an effort or scheme to assist or cause #e or more persons 7other than a parent1 spouse1 or child of the offender7-- 7#a7 to enter1 attempt to enter1 or prepare to enter the ,united ,states-- 7,a7 by fraud1 falsehood1 or other corrupt means2 7,b7 at any place other than a port or place of entry designated by the ,secretary2 or 7,c7 in a manner not prescribed by the immigration laws and regulations of the ,united ,states2 or 7#b7 to travel by air1 land1 or sea toward the ,united ,states 7whether directly or indirectly7-- 7,a7 knowing that the persons seek to enter or attempt to enter the ,united ,states without lawful authority2 and 7,b7 with the intent to aid or further such entry or attempted entry2 or 7#c7 to be transported or moved outside of the ,united ,states-- 7,a7 knowing that such persons are aliens in unlawful transit from #a country to another or on the high seas2 and 7,b7 under circumstances in which the persons are in fact seeking to enter the ,united ,states without official permission or legal authority2 shall be punished as provided in subsection 7c7 or 7d74 7b7 ,conspiracy and attempt ,any person who attempts or conspires to violate subsection 7a7 of this section shall be punished in the same manner as a person who completes a violation of such subsection4 7c7 ,base penalty ,except as provided in subsection 7d71 any person who violates subsection 7a7 or 7b7 shall be fined under title #ah1 imprisoned for not more than #bj years1 or both4 7d7 ,enhanced penalties ,any person who violates subsection 7a7 or 7b7 shall-- 7#a7 in the case of a violation during and in relation to which a serious bodily injury 7as defined in section #acfe of title #ah7 occurs to any person1 be fined under title #ah1 imprisoned for not more than #cj years1 or both2 7#b7 in the case of a violation during and in relation to which the life of any person is placed in jeopardy1 be fined under title #ah1 imprisoned for not more than #cj years1 or both2 7#c7 in the case of a violation involving #aj or more persons1 be fined under title #ah1 imprisoned for not more than #cj years1 or both2 7#d7 in the case of a violation involving the bribery or corruption of a ,u4,s4 or foreign government official1 be fined under title #ah1 imprisoned for not more than #cj years1 or both2 7#e7 in the case of a violation involving robbery or extortion 7as those terms are defined in paragraph 7#a7 or 7#b71 respectively1 of section #aiea7;b77 be fined under title #ah1 imprisoned for not more than #cj years1 or both2 7#f7 in the case of a violation during and in relation to which any person is subjected to an involuntary sexual act 7as defined in section #bbdf7b7 of title #ah71 be fined under title #ah1 imprisoned for not more than #cj years1 or both2 or 7#g7 in the case of a violation resulting in the death of any person1 be fined under title #ah1 imprisoned for any term of years or for life1 or both4 7e7 ,lawful authority defined 7#a7 ,in general ,in this section1 the term lawful authority-- 7,a7 means permission1 authorization1 or license that is expressly provided for in the immigration laws of the ,united ,states or accompanying regulations2 and 7,b7 does not include any such authority secured by fraud or otherwise obtained in violation of law1 nor does it include authority sought1 but not approved4 7#b7 ,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 was1 is1 or would be in violation of law4 7f7 ,effort or scheme ,for purposes of this section1 effort or scheme to assist or cause #e or more persons does not require that the #e or more persons enter1 attempt to enter1 prepare to enter1 or travel at the same time so long as the acts are completed within #a year4 #bif4 ,unlawfully hindering immigration1 border1 and customs controls 7a7 ,illicit spotting ,whoever knowingly transmits to another person the location1 movement1 or activities of any ,federal1 ,state1 or tribal law enforcement agency with the intent to further a ,federal crime relating to ,united ,states immigration1 customs1 controlled substances1 agriculture1 monetary instruments1 or other border controls shall be fined under title #ah1 imprisoned not more than #aj years1 or both4 7b7 ,destruction of united states border controls ,whoever knowingly and without lawful authorization destroys1 alters1 or damages any fence1 barrier1 sensor1 camera1 or other physical or electronic device deployed by the ,federal ,government to control the border or a port of entry or otherwise seeks to construct1 excavate1 or make any structure intended to defeat1 circumvent or evade any such fence1 barrier1 sensor camera1 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 #ah1 imprisoned not more than #aj years1 or both1 and if1 at the time of the offense1 the person uses or carries a firearm or who1 in furtherance of any such crime1 possesses a firearm1 that person shall be fined under title #ah1 imprisoned not more than #bj years1 or both4 7c7 ,conspiracy and attempt ,any person who attempts or conspires to violate subsection 7a7 or 7b7 of this section shall be punished in the same manner as a person who completes a violation of such subsection4 4 7#b7 ,table of contents amendment ,the table of contents is amended by adding after the item relating to section #bid the following3 ,sec4 #bie4 ,organized human smuggling4 ,sec4 #bif4 ,unlawfully hindering immigration1 border1 and customs controls4 4 7b7 ,prohibiting carrying or use of a firearm during and in relation to an alien smuggling crime ,section #ibd7;c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by inserting 1 alien smuggling crime1 after crime of violence each place that term appears2 and 7,b7 in subparagraph 7,d77ii71 by inserting 1 alien smuggling crime1 after crime of violence2 and 7#b7 by adding at the end the following3 7#f7 ,for purposes of this subsection1 the term alien smuggling crime means any felony punishable under section #bgd7;a71 #bgg1 or #bgh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd7;a71 #acbg1 and #acbh74 4 7c7 ,statute of limitations ,section #cbih of title #ah1 ,united ,states ,code1 is amended by inserting 1 #bie1 #bif1 or #big after #bgd7;a74 #cgac4 ,preventing criminals from renouncing citizenship during wartime ,section #cdi7;a7 7#h ,u4,s4,c4 #adha7;a77 is amended-- 7#a7 by striking paragraph 7#f7 2 and 7#b7 redesignating paragraph 7#g7 as paragraph 7#f74 #cgad4 ,diplomatic security service ,paragraph 7#a7 of section #cg7;a7 of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bgji7;a77 is amended to read as follows3 7#a7 conduct investigations concerning-- 7,a7 illegal passport or visa issuance or use2 7,b7 identity theft or document fraud affecting or relating to the programs1 functions1 and authorities of the ,secretary of ,state2 7,c7 violations of chapter #gg of title #ah1 ,united ,states ,code2 and 7,d7 ,federal offenses committed within the special maritime and territorial jurisdiction of the ,united ,states 7as defined in section #g7i7 of title #ah1 ,united ,states ,code72 4 #cgae4 ,secure alternatives programs 7a7 ,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 safety4 7b7 ,contract authority ,the ,secretary shall contract with nongovernmental community-based organizations to conduct screening of detainees1 provide appearance assistance services1 and operate community-based supervision programs4 ,secure alternatives shall offer a continuum of supervision mechanisms and options1 including community support1 depending on an assessment of each individual's circumstances4 ,the ,secretary may contract with nongovernmental organizations to implement secure alternatives that maintain custody over the alien4 7c7 ,individualized determinations ,in determining whether to use secure alternatives1 the ,secretary shall make an individualized determination1 and for each individual placed on secure alternatives1 shall review the level of supervision on a monthly basis4 ,secure alternatives shall not be used when release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety4 7d7 ,custody ,the ,secretary may use secure alternatives programs to maintain custody over any alien detained under the ,immigration and ,nationality ,act1 except for aliens detained under section #bcf;,a of such ,act 7#h ,u4,s4,c4 #abbf;a74 ,if an individual is not eligible for release from custody or detention1 the ,secretary shall consider the alien for placement in secure alternatives that maintain custody over the alien1 including the use of electronic ankle devices4 #cgaf4 ,oversight of detention facilities 7a7 ,definitions ,in this section3 7#a7 ,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 ,u4,s4 ,immigration and ,customs ,enforcement4 7#b7 ,detention facility ,the term detention facility means a ,federal1 ,state1 or local government facility1 or a privately owned and operated facility1 that is used1 in whole or in part1 to hold individuals under the authority of the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 including facilities that hold such individuals under a contract or agreement with the ,director4 7b7 ,detention requirements ,the ,secretary shall ensure that all persons detained pursuant to the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 are treated humanely and benefit from the protections set forth in this section4 7c7 ,oversight requirements 7#a7 ,annual inspection ,all detention facilities shall be inspected by the ,secretary on a regular basis1 but not less than annually1 for compliance with applicable detention standards issued by the ,secretary and other applicable regulations4 7#b7 ,routine oversight ,in addition to annual inspections1 the ,secretary shall conduct routine oversight of detention facilities1 including unannounced inspections4 7#c7 ,availability of records ,all detention facility contracts1 memoranda of agreement1 and evaluations and reviews shall be considered records for purposes of section #eeb7;f77#b7 of title #e1 ,united ,states ,code4 7#d7 ,consultation ,the ,secretary shall seek input from nongovernmental organizations regarding their independent opinion of specific facilities4 7d7 ,compliance mechanisms 7#a7 ,agreements 7,a7 ,new agreements ,compliance with applicable standards of the ,secretary and all applicable regulations1 and meaningful financial penalties for failure to comply1 shall be a material term in any new contract1 memorandum of agreement1 or any renegotiation1 modification1 or renewal of an existing contract or agreement1 including fee negotiations1 executed with detention facilities4 7,b7 ,existing agreements ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall secure a modification incorporating these terms for any existing contracts or agreements that will not be renegotiated1 renewed1 or otherwise modified4 7,c7 ,cancellation of agreements ,unless the ,secretary provides a reasonable extension to a specific detention facility that is negotiating in good faith1 contracts or agreements with detention facilities that are not modified within #a year of the date of the enactment of this ,act will be cancelled4 7,d7 ,provision of information ,in making modifications under this paragraph1 the ,secretary shall require that detention facilities provide to the ,secretary all contracts1 memoranda of agreement1 evaluations1 and reviews regarding the facility on a regular basis4 ,the ,secretary shall make these materials publicly available4 7#b7 ,financial penalties 7,a7 ,requirement to impose ,subject to subparagraph 7,c71 the ,secretary shall impose meaningful financial penalties upon facilities that fail to comply with applicable detention standards issued by the ,secretary and other applicable regulations4 7,b7 ,timing of imposition ,financial penalties imposed under subparagraph 7,a7 shall be imposed immediately after a facility fails to achieve an adequate or the equivalent median score in any performance evaluation4 7,c7 ,waiver ,the requirements of subparagraph 7,a7 may be waived if the facility corrects the noted deficiencies and receives an adequate score in not more than #ij days4 7,d7 ,multiple offenders ,in cases of persistent and substantial noncompliance1 including scoring less than adequate or the equivalent median score in #b consecutive inspections1 the ,secretary shall terminate contracts or agreements with such facilities within #fj days1 or in the case of facilities operated by the ,secretary1 such facilities shall be closed within #ij days4 7e7 ,reporting requirements 7#a7 ,objectives ,not later than ,june #cj of each year1 the ,secretary shall prepare and submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report on inspection and oversight activities of detention facilities4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include-- 7,a7 a description of each detention facility found to be in noncompliance with applicable detention standards issued by the ,department and other applicable regulations2 7,b7 a description of the actions taken by the ,department to remedy any findings of noncompliance or other identified problems1 including financial penalties1 contract or agreement termination1 or facility closure2 and 7,c7 information regarding whether the actions described in subparagraph 7,b7 resulted in compliance with applicable detention standards and regulations4 #cgag4 ,procedures for bond hearings and filing of notices to appear 7a7 ,aliens in custody ,section #bcf 7#h ,u4,s4,c4 #abbf7 is amended by adding at the end the following3 7f7 ,procedures for custody hearings ,for any alien taken into custody under any provision of this ,act1 with the exception of minors being transferred to or in the custody of the ,office of ,refugee ,resettlement1 the following shall apply3 7#a7 ,the ,secretary of ,homeland ,security shall1 without unnecessary delay and not later than #gb hours after the alien is taken into custody1 file the ,notice to ,appear or other relevant charging document with the immigration court having jurisdiction over the location where the alien was apprehended1 and serve such notice on the alien4 7#b7 ,the ,secretary shall immediately determine whether the alien shall remain in custody or be released and1 without unnecessary delay and not later than #gb hours after the alien was taken into custody1 serve upon the alien the custody decision specifying the reasons for continued custody and the amount of bond if any4 7#c7 ,the ,attorney ,general shall ensure the alien has the opportunity to appear before an immigration judge for a custody determination hearing promptly after service of the ,secretary's custody decision4 ,the immigration judge may1 on the ,secretary's motion and upon a showing of good cause1 postpone a custody redetermination hearing for no more than #gb hours after service of the custody decision1 except that in no case shall the hearing occur more than #f days 7including weekends and holidays7 after the alien was taken into custody4 7#d7 ,the immigration judge shall advise the alien of the right to postpone the custody determination hearing and shall1 on the oral or written request of the individual1 postpone the custody determination hearing for a period of not more than #ad days4 7#e7 ,except for aliens that the immigration judge has determined are deportable under section #bcf7;c7 or certified under section #bcf;,a1 the immigration judge shall review the custody determination de novo and may continue to detain the alien only if the ,secretary demonstrates that no conditions1 including the use of alternatives to detention that maintain custody over the alien1 will reasonably assure the appearance of the alien as required and the safety of any other person and the community4 ,for aliens whom the immigration judge has determined are deportable under section #bcf7;c71 the immigration judge may review the custody determination if the ,secretary agrees the alien is not a danger to the community1 and alternatives to detention exist that ensure the appearance of the alien1 as required1 and the safety of any other person and the community4 7#f7 ,in the case of any alien remaining in custody after a custody determination1 the ,attorney ,general shall provide de novo custody determination hearings before an immigration judge every #ij days so long as the alien remains in custody4 ,an alien may also obtain a de novo custody redetermination hearing at any time upon a showing of good cause4 7#g7 ,the ,secretary shall inform the alien of his or her rights under this paragraph at the time the alien is first taken into custody4 4 7b7 ,limitations on solitary confinement 7#a7 ,in general ,section #bcf7;d7 7#h ,u4,s4,c4 #abbf7;d77 is amended by adding at the end the following3 7#c7 ,nature of detention 7,a7 ,definitions ,in this paragraph3 7i7 ,administrative segregation ,the term administrative segregation means a nonpunitive form of solitary confinement for administrative reasons4 7ii7 ,disciplinary segregation ,the term disciplinary segregation means a punitive form of solitary confinement for disciplinary reasons4 7iii7 ,serious mental illness ,the term serious mental illness means a substantial disorder of thought or mood that significantly impairs judgment1 behavior1 capacity to recognize reality1 or ability to cope with the ordinary demands of life4 7iv7 ,solitary confinement ,the term solitary confinement means cell confinement of #bb hours or more per day4 7,b7 ,limitations on solitary confinement 7i7 ,in general ,the use of solitary confinement of an alien in custody pursuant to this section1 section #bce1 or section #bda shall be limited to situations in which such confinement-- 7,i7 is necessary-- 7aa7 to control a threat to detainees1 staff1 or the security of the facility2 7bb7 to discipline the alien for a serious disciplinary infraction if alternative sanctions would not adequately regulate the alien's behavior2 or 7cc7 for good order during the last #bd hours before an alien is released1 removed1 or transferred from the facility2 7,,ii7 is limited to the briefest term and under the least restrictive conditions practicable and consistent with the rationale for placement and with the progress achieved by the alien2 and 7,,iii7 complies with the requirements set forth in this subparagraph4 7ii7 ,children ,children who are younger than #ah years of age may not be placed in solitary confinement4 7iii7 ,serious mental illness 7,i7 ,in general ,an alien with a serious mental illness may not be placed in involuntary solitary confinement due to mental illness unless-- 7aa7 such confinement is necessary for the alien's own protection2 or 7bb7 if the alien requires emergency stabilization or poses a significant threat to staff or others in general population4 7,,ii7 ,maximum period ,an alien diagnosed with serious mental illness may not be placed in solitary confinement for more than #ae days unless the ,secretary of ,homeland ,security determines that-- 7aa7 any less restrictive alternative is more likely than not to cause greater harm to the alien than the solitary confinement period imposed2 or 7bb7 the likely harm to the alien is not substantial and the period of solitary confinement is the least restrictive alternative necessary to protect the alien1 other detainees1 or others4 7iv7 ,own protection 7,i7 ,in general ,involuntary solitary confinement for an alien's own protection may be used only for the least amount of time practicable and if no readily available and less restrictive alternative will maintain the alien's safety4 7,,ii7 ,maximum period ,an alien may not be placed in involuntary solitary confinement for the alien's own protection for longer than #ae days unless the ,secretary of ,homeland ,security determines that any less restrictive alternative is more likely than not to cause greater harm to the alien than the solitary confinement period imposed4 7,,iii7 ,prohibited factors ,the ,secretary of ,homeland ,security may not rely solely on an alien's age1 physical disability1 sexual orientation1 gender identity1 race1 or religion4 ,the ,secretary shall make an individualized assessment in each case4 7v7 ,medical care ,an alien placed in solitary confinement-- 7,i7 shall be visited by a medical professional at least #c times each week2 7,,ii7 shall receive at least weekly mental health monitoring by a licensed mental health clinician2 and 7,,iii7 shall be removed from solitary confinement if-- 7aa7 a mental health clinician determines that such detention is having a significant negative impact on the alien's mental health2 and 7bb7 an appropriate alternative is available4 7vi7 ,notification2 access to counsel ,if an alien is placed in solitary confinement1 the alien-- 7,i7 shall be informed verbally1 and in writing1 of the reason for such confinement and the intended duration of such confinement1 if specified at the time of initial placement2 and 7,,ii7 shall be offered access to counsel on the same basis as detainees in the general population4 7vii7 ,longer solitary confinement periods ,if an alien has been subject to involuntary solitary confinement for more than #ad consecutive days1 the ,secretary of ,homeland ,security shall conduct a timely review to determine whether continued placement is justified by an extreme disciplinary infraction or is the least restrictive means of protecting the alien or others4 ,any alien held in solitary confinement for more than #g days shall be given a reasonable opportunity to challenge such placement with the detention facility administrator1 which will promptly respond to such challenge in writing4 7viii7 ,oversight ,the ,secretary of ,homeland ,security shall ensure that-- 7,i7 he or she is regularly informed about the use of solitary confinement in all facilities at which aliens are detained2 and 7,,ii7 the ,department fully complies with the provisions under this paragraph4 7,c7 ,disciplinary segregation ,disciplinary segregation is authorized only pursuant to the order of a facility disciplinary panel following a hearing in which the detainee is determined to have violated a facility rule4 7,d7 ,administrative segregation ,administrative segregation is authorized only as necessary to ensure the safety of the detainee or others1 the protection of property1 or the security or good order of the facility4 ,detainees in administrative segregation shall be offered programming opportunities and privileges consistent with those available in the general population1 except where precluded by safety or security concerns4 4 7#b7 ,annual report ,the ,secretary shall-- 7,a7 collect and compile information regarding the prevalence1 reasons for1 and duration of solitary confinement in all facilities described in paragraph 7#c72 7,b7 submit an annual report containing the information described in subparagraph 7,a7 to ,congress not later than #cj days after the end of the reporting period2 and 7,c7 make the data contained in the report submitted under subparagraph 7,b7 publicly available4 7#c7 ,rulemaking ,the ,secretary shall adopt regulations or policies to carry out section #bcf7;d77#c7 of the ,immigration and ,nationality ,act1 as amended by paragraph 7#a71 at all facilities at which aliens are detained pursuant to section #bce1 #bcf1 or #bda of such ,act4 7c7 ,stipulated removal ,section #bdj7;d7 7#h ,u4,s4,c4 #abbi;a7 is amended to read as follows3 7d7 ,stipulated removal ,the ,attorney ,general shall provide by regulation for the entry by an immigration judge of an order of removal stipulated to by the alien 7or the alien's representative7 and the ,service4 ,an immigration judge may enter a stipulated removal order only upon a finding at an in-person hearing that the stipulation is voluntary1 knowing1 and intelligent4 ,a stipulated order shall constitute a conclusive determination of the alien's removability from the ,united ,states4 4 #cgah4 ,sanctions for countries that delay or prevent repatriation of their nationals ,section #bdc7;d7 7#h ,u4,s4,c4 #abec7;d77 is amended to read as follows3 7d7 ,discontinuing granting visas to nationals of countries that deny or delay accepting aliens ,notwithstanding section #bba7;c71 if the ,secretary of ,homeland ,security determines1 in consultation with the ,secretary of ,state1 that the government of a foreign country denies or unreasonably delays accepting aliens who are citizens1 subjects1 nationals1 or residents of that country after the ,secretary asks whether the government will accept an alien under this section1 or after a determination that the alien is inadmissible under paragraph 7#f7 or 7#g7 of section #bab7;a71 the ,secretary of ,state shall order consular officers in that foreign country to discontinue granting visas1 or classes of visas1 until the ,secretary of ,homeland ,security notifies the ,secretary of ,state that the country has accepted the aliens4 4 #cgai4 ,gross violations of human rights 7a7 ,inadmissibility of certain aliens ,section #bab7;a77#c77;,e7 7#h ,u4,s4,c4 #aahb7;a77#c77;,e77 is amended by striking clause 7iii7 and inserting the following3 7iii7 ,commission of acts of torture1 extrajudicial killings1 war crimes1 or widespread or systematic attacks on civilians ,any alien who planned1 ordered1 assisted1 aided and abetted1 committed1 or otherwise participated1 including through command responsibility1 in the commission of-- 7,i7 any act of torture 7as defined in section #bcdj of title #ah1 ,united ,states ,code72 7,,ii7 any extrajudicial killing 7as defined in section #c7;a7 of the ,torture ,victim ,protection ,act of #aiia 7#bh ,u4,s4,c4 #acej note77 under color of law of any foreign nation2 7,,iii7 a war crime 7as defined in section #bdda of title #ah1 ,united ,states ,code72 or 7,,iv7 any of the following acts as a part of a widespread or systematic attack directed against a civilian population1 with knowledge of the attack3 murder1 extermination1 enslavement1 forcible transfer of population1 arbitrary detention1 rape1 sexual slavery1 enforced prostitution1 forced pregnancy1 enforced sterilization1 or any other form of sexual violence of comparable gravity2 persecution on political racial1 national1 ethnic1 cultural1 religious1 or gender grounds2 enforced disappearance of persons2 or other inhumane acts of a similar character intentionally causing great suffering or serious bodily or mental injury1 is inadmissible4 7iv7 ,limitation ,clause 7iii7 shall not apply to an alien if the ,secretary of ,homeland ,security or the ,attorney ,general determine that the actions giving rise to the alien's inadmissibility under such clause were committed under duress4 ,in determining whether the alien was subject to duress1 the ,secretary may consider1 among relevant factors1 the age of the alien at the time such actions were committed4 4 7b7 ,denying safe haven to foreign human rights violators ,section #b7;a77#b7 of the ,torture ,victim ,protection ,act of #aiia 7#bh ,u4,s4,c4 #acej note7 is amended-- 7#a7 by inserting after killing the following3 1 a war crime 7as defined in subsections 7c7 and 7d7 of section #bdda of title #ah1 ,united ,states ,code71 a widespread or systematic attack on civilians 7as defined in section #bab7;a77#c77;,e77iii77,,iv7 of the ,immigration and ,nationality ,act71 or genocide 7as defined in section #ajia7;a7 of such title #ah72 and 7#b7 by striking to the individual's legal representative and inserting to that individual or to that individual's legal representative4 7c7 ,nonapplicability of confidentiality requirement with respect to visa records ,the ,president may make public1 without regard to the requirements under section #bbb7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;f771 with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the ,united ,states1 the names of aliens deemed inadmissible on the basis of section #bab7;a77#c77;,e77iii7 of such ,act1 as amended by subsection 7a74 #cgbj4 ,reporting and record keeping requirements relating to the detention of aliens 7a7 ,in general ,in order for ,congress and the public to assess the full costs of apprehending1 detaining1 processing1 supervising1 and removing aliens1 and how the money ,congress appropriates for detention is allocated by ,federal agencies1 the ,assistant ,secretary for ,immigration and ,customs and ,enforcement 7referred to in this section as the ,assistant ,secretary71 the ,director of the ,executive ,office of ,immigration ,review1 and the ,commissioner responsible for ,u4,s4 ,customs and ,border ,protection 7referred to in this section as the ,commissioner7 shall-- 7#a7 maintain the information required under subsections 7b71 7c71 and 7d72 and 7#b7 submit reports on that information to ,congress and make that information available to the public in accordance with subsection 7e74 7b7 ,maintenance of information by ,u4,s4 ,immigration and ,customs ,enforcement ,the ,assistant ,secretary shall record and maintain1 in the database of ,u4,s4 ,immigration and ,customs ,enforcement relating to detained aliens1 the following information with respect to each alien detained pursuant to the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq473 7#a7 ,the provision of law that provides specific authority for the alien's detention and the beginning and end dates of the alien's detention pursuant to that authority4 ,if the alien's detention is authorized by different provisions of law during different periods of time1 the ,assistant ,secretary shall record and maintain the provision of law that provides authority for the alien's detention during each such period4 7#b7 ,the place where the alien was apprehended or where ,u4,s4 ,immigration and ,customs ,enforcement assumed custody of the alien4 7#c7 ,each location where ,u4,s4 ,immigration and ,customs ,enforcement detains the alien until the alien is released from custody or removed from the ,united ,states1 including any period of redetention4 7#d7 ,the gender and age of each detained alien in the custody of ,u4,s4 ,immigration and ,customs ,enforcement4 7#e7 ,the number of days the alien is detained1 including the number of days spent in any given detention facility and the total amount of time spent in detention4 7#f7 ,the immigration charges that are the basis for the alien's removal proceedings4 7#g7 ,the status of the alien's removal proceedings and each date on which those proceedings progress from #a stage of proceeding to another4 7#h7 ,the length of time the alien was detained following a final administrative order of removal and the reasons for the continued detention4 7#i7 ,the initial custody determination or review made by ,u4,s4 ,immigration and ,customs ,enforcement1 including whether the alien received notice of a custody determination or review and when the custody determination or review took place4 7#aj7 ,the risk assessment results for the alien1 including if the alien is subject to mandatory custody or detention4 7#aa7 ,the reason for the alien's release from detention and the conditions of release imposed on the alien1 if applicable4 7c7 ,maintenance of information by ,executive ,office of ,immigration ,review ,the ,director of the ,executive ,office of ,immigration ,review shall record and maintain1 in the database of the ,executive ,office of ,immigration ,review relating to detained aliens in removal proceedings1 the following information with respect to each such alien3 7#a7 ,the immigration charges that are the basis for the alien's removal proceedings1 including any revision of the immigration charges and the date of each such revision4 7#b7 ,the gender and age of the alien4 7#c7 ,the status of the alien's removal proceedings and each date on which those proceedings progress from one stage of proceeding to another4 7#d7 ,the statutory basis for any bond hearing conducted and the outcomes of the bond hearing4 7#e7 ,whether each court hearing is conducted in person1 by audio link1 or by video conferencing4 7#f7 ,the date of each attorney entry of appearance before an immigration judge using ,form ,,eoir-#bh and the scope of the appearance to which the form related4 7d7 ,maintenance of information by ,u4,s4 ,customs and ,border ,protection ,the ,commissioner shall record and maintain in the database of ,u4,s4 ,customs and ,border ,protection relating to detained aliens the following information with respect to each alien detained pursuant to the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq473 7#a7 ,the provision of law that provides specific authority for the alien's detention and the beginning and end dates of the alien's detention4 7#b7 ,the place where the alien was apprehended4 7#c7 ,the gender and age of the alien4 7#d7 ,each location where ,u4,s4 ,customs and ,border ,protection detains the alien until the alien is released from custody or removed from the ,united ,states1 including any period of redetention4 7#e7 ,the number of days that the alien is detained in the custody of ,u4,s4 ,customs and ,border ,protection4 7#f7 ,the immigration charges that are the basis for the alien's removal proceedings while the alien is in the custody of ,u4,s4 ,customs and ,border ,protection4 7#g7 ,the initial custody determination by ,u4,s4 ,customs and ,border ,protection1 including whether the alien received notice of a custody determination or review1 when the custody determination or review took place1 and whether ,u4,s4 ,customs and ,border ,protection offered the option of stipulated removal to a detained alien4 7#h7 ,the reason for the alien's release from detention and the conditions of release to detention imposed on the alien1 if applicable4 7e7 ,reporting requirements 7#a7 ,periodic reports ,the ,assistant ,secretary1 the ,director of the ,executive ,office of ,immigration ,review1 and the ,commissioner shall periodically1 but not less frequently than annually1 submit to ,congress a report containing a summary of the information required to be maintained by this section4 ,each such report shall include summaries of national-level data as well as summaries of the information required by this section by ,state and county4 7#b7 ,other reports ,the ,assistant ,secretary shall report to ,congress not less frequently than annually on-- 7,a7 the number of aliens detained for more than #c months1 #f months1 #a year1 and #b years2 and 7,b7 the average period of detention before receipt of a final administrative order of removal and after receipt of such an order4 7#c7 ,availability to public ,the reports required under this subsection and the information for each alien on which the reports are based shall be made available to the public without the need to submit a request under section #eeb of title #e1 ,united ,states ,code 7commonly referred to as the ,freedom of ,information ,act74 7#d7 ,privacy protections ,no alien's identity may be disclosed when information described in paragraph 7#c7 is made publicly available4 7f7 ,definitions ,in this section3 7#a7 ,case outcome ,the term case outcome includes a grant of relief from deportation under section #bdj;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;b71 voluntary departure pursuant to section #bdj;,b of that ,act 7#h ,u4,s4,c4 #abbi;c71 removal pursuant to section #bch of that ,act 7#h ,u4,s4,c4 #abbh71 judicial termination of proceedings1 termination of proceedings by ,u4,s4 ,immigration and ,customs ,enforcement1 cancellation of the notice to appear1 or permission to withdraw application for admission without any removal order being issued4 7#b7 ,place where the alien was apprehended ,the term place where the alien was apprehended refers to the city1 county1 and ,state where an alien is apprehended4 7#c7 ,reason for the alien's release from detention ,the term reason for the alien's release from detention refers to release on bond1 on an alien's own recognizance1 on humanitarian grounds1 after grant of relief1 or due to termination of proceedings or removal4 7#d7 ,removal proceedings ,the term removal proceedings refers to a removal case of any kind1 including expedited removal1 administrative removal1 stipulated removal1 reinstatement1 and voluntary removal and removals in which an applicant is permitted to withdraw his or her application for admission4 7#e7 ,stage ,the term stage1 with respect to a proceeding1 refers to whether the alien is in proceedings before an immigration judge1 the ,board of ,immigration ,appeals1 a ,united ,states court of appeals1 or on remand from a ,united ,states court of appeals4 #cgba4 ,powers of immigration officers and employees at sensitive locations ,section #bhg 7#h ,u4,s4,c4 #aceg7 is amended by adding at the end the following3 7i7 7#a7 ,in order to ensure individuals' access to sensitive locations1 this subsection applies to enforcement actions by officers and agents of ,u4,s4 ,immigration and ,customs ,enforcement and officers and agents of ,u4,s4 ,customs and ,border ,protection4 7#b7 7,a7 ,an enforcement action may not take place at1 or be focused on1 a sensitive location1 except as follows3 7i7 ,under exigent circumstances4 7ii7 ,if prior approval is obtained4 7,b7 ,if an enforcement action is taking place pursuant to subparagraph 7,a7 and the condition permitting the enforcement action ceases1 the enforcement action shall cease4 7#c7 7,a7 ,when proceeding with an enforcement action at or near a sensitive location1 officers and agents referred to in paragraph 7#a7 shall conduct themselves as discreetly as possible1 consistent with officer and public safety1 and make every effort to limit the time at or focused on the sensitive location4 7,b7 ,if1 in the course of an enforcement action that is not initiated at or focused on a sensitive location1 officers or agents are led to or near a sensitive location1 and no exigent circumstance exists1 such officers or agents shall conduct themselves in a discreet manner1 maintain surveillance1 and immediately consult their supervisor before taking any further enforcement action1 in order to determine whether such action should be discontinued4 7,c7 ,this section not apply to the transportation of an individual apprehended at or near a land or sea border to a hospital or healthcare provider for the purpose of providing such individual medical care4 7#d7 7,a7 ,each official specified in subparagraph 7,b7 shall ensure that the employees under the supervision of such official receive annual training on compliance with the requirements of this subsection in enforcement actions at or focused on sensitive locations and enforcement actions that lead officers or agents to or near a sensitive location4 7,b7 ,the officials specified in ths subparagraph are the following3 7i7 ,the ,chief ,counsel of ,u4,s4 ,immigration and ,customs ,enforcement4 7ii7 ,the ,field ,office ,directors of ,u4,s4 ,immigration and ,customs ,enforcement4 7iii7 ,each ,special ,agent in ,charge of ,u4,s4 ,immigration and ,customs ,enforcement4 7iv7 ,each ,chief ,patrol ,agent of ,u4,s4 ,customs and ,border ,protection4 7v7 ,the ,director of ,field ,operations of ,u4,s4 ,customs and ,border ,protection4 7vi7 ,the ,director of ,air and ,marine ,operations of ,u4,s4 ,customs and ,border ,protection4 7vii7 ,the ,internal ,affairs ,special ,agent in ,charge of ,u4,s4 ,customs and ,border ,protection4 7#e7 7,a7 ,the ,director of ,u4,s4 ,immigration and ,customs ,enforcement and the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall each submit to the appropriate committees of ,congress each year a report on the enforcement actions undertaken by ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection1 respectively1 during the preceding year that were covered by this subsection4 7,b7 ,each report on an agency for a year under this paragraph shall set forth the following3 7i7 ,the number of enforcement actions at or focused on a sensitive location4 7ii7 ,the number of enforcement actions where officers or agents were subsequently led to or near a sensitive location4 7iii7 ,the date1 site1 and ,state1 city1 and county in which each enforcement action covered by clause 7i7 or 7ii7 occurred4 7iv7 ,the component of the agency responsible for each such enforcement action4 7v7 ,a description of the intended target of each such enforcement action4 7vi7 ,the number of individuals1 if any1 arrested or taken into custody through each such enforcement action4 7vii7 ,the number of collateral arrests1 if any1 from each such enforcement action and the reasons for each such arrest4 7viii7 ,a certification of whether the location administrator was contacted prior to1 during1 or after each such enforcement action4 7,c7 ,each report under this paragraph shall be made available to the public without the need to submit a request under section #eeb of title #e1 ,united ,states ,code 7commonly referred to as the ,freedom of ,information ,act74 7#f7 ,in this subsection3 7,a7 ,the term appropriate committees of ,congress means-- 7i7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7ii7 the ,committee on the ,judiciary of the ,senate2 7iii7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7iv7 the ,committee on the ,judiciary of the ,house of ,representatives4 7,b7 ,the term enforcement action means an arrest1 interview1 search1 or surveillance for the purposes of immigration enforcement1 and includes an enforcement action at1 or focused on1 a sensitive location that is part of a joint case led by another law enforcement agency4 7,c7 ,the term exigent circumstances means a situation involving the following3 7i7 ,the imminent risk of death1 violence1 or physical harm to any person1 including a situation implicating terrorism or the national security of the ,united ,states in some other manner4 7ii7 ,the immediate arrest or pursuit of a dangerous felon1 terrorist suspect1 or other individual presenting an imminent danger or public safety risk4 7iii7 ,the imminent risk of destruction of evidence that is material to an ongoing criminal case4 7,d7 ,the term prior approval means the following3 7i7 ,in the case of officers and agents of ,u4,s4 ,immigration and ,customs ,enforcement1 prior written approval for a specific1 targeted operation from one of the following officials3 7,i7 ,the ,assistant ,director of ,operations1 ,homeland ,security ,investigations4 7,,ii7 ,the ,executive ,associate ,director of ,homeland ,security ,investigations4 7,,iii7 ,the ,assistant ,director for ,field ,operations1 ,enforcement1 and ,removal ,operations4 7,,iv7 ,the ,executive ,associate ,director for ,field ,operations1 ,enforcement1 and ,removal ,operations4 7ii7 ,in the case of officers and agents of ,u4,s4 ,customs and ,border ,protection1 prior written approval for a specific1 targeted operation from one of the following officials3 7,i7 ,a ,chief ,patrol ,agent4 7,,ii7 ,the ,director of ,field ,operations4 7,,iii7 ,the ,director of ,air and ,marine ,operations4 7,,iv7 ,the ,internal ,affairs ,special ,agent in ,charge4 7,e7 ,the term sensitive location includes the following3 7i7 ,hospitals and health clinics4 7ii7 ,public and private schools 7including pre-schools1 primary schools1 secondary schools1 postsecondary schools 7including colleges and universities71 and other institutions of learning such as vocational or trade schools74 7iii7 ,organizations assisting children1 pregnant women1 victims of crime or abuse1 or individuals with mental or physical disabilities4 7iv7 ,churches1 synagogues1 mosques1 and other places of worship1 such as buildings rented for the purpose of religious services4 7v7 ,such other locations as the ,secretary of ,homeland ,security shall specify for purposes of this subsection4 4 ,h ,protection of ,children ,affected by ,immigration ,enforcement #chja4 ,short title ,this subtitle may be cited as the ,humane ,enforcement and ,legal ,protections for ,separated ,children ,act or the ,,help ,separated ,children ,act4 #chjb4 ,definitions ,in this subtitle3 7#a7 ,apprehension ,the term apprehension means the detention or arrest by officials of the ,department or cooperating entities4 7#b7 ,child ,the term child means an individual who has not attained #ah years of age4 7#c7 ,child welfare agency ,the term child welfare agency means a ,state or local agency responsible for child welfare services under subtitles ,b and ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq474 7#d7 ,cooperating entity ,the term cooperating entity means a ,state or local entity acting under agreement with the ,secretary4 7#e7 ,detention facility ,the term detention facility means a ,federal1 ,state1 or local government facility1 or a privately owned and operated facility1 that is used1 in whole or in part1 to hold individuals under the authority of the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 including facilities that hold such individuals under a contract or agreement with the ,director4 7#f7 ,immigration enforcement action ,the term immigration enforcement action means the apprehension of #a or more individuals whom the ,department has reason to believe are removable from the ,united ,states by the ,secretary or a cooperating entity4 7#g7 ,parent ,the term parent means a biological or adoptive parent of a child1 whose parental rights have not been relinquished or terminated under ,state law or the law of a foreign country1 or a legal guardian under ,state law or the law of a foreign country4 #chjc4 ,apprehension procedures for immigration enforcement-related activities 7a7 ,apprehension procedures ,in any immigration enforcement action1 the ,secretary and cooperating entities shall-- 7#a7 as soon as possible1 but generally not later than #b hours after an immigration enforcement action1 inquire whether an individual is a parent or primary caregiver of a child in the ,united ,states and provide any such individuals with-- 7,a7 the opportunity to make a minimum of #b telephone calls to arrange for the care of such child in the individual's absence2 and 7,b7 contact information for-- 7i7 child welfare agencies and family courts in the same jurisdiction as the child2 and 7ii7 consulates1 attorneys1 and legal service providers capable of providing free legal advice or representation regarding child welfare1 child custody determinations1 and immigration matters2 7#b7 notify the child welfare agency with jurisdiction over the child if the child's parent or primary caregiver is unable to make care arrangements for the child or if the child is in imminent risk of serious harm2 7#c7 ensure that personnel of the ,department and cooperating entities do not1 absent medical necessity or extraordinary circumstances1 compel or request children to interpret or translate for interviews of their parents or of other individuals who are encountered as part of an immigration enforcement action2 and 7#d7 ensure that any parent or primary caregiver of a child in the ,united ,states-- 7,a7 absent medical necessity or extraordinary circumstances1 is not transferred from his or her area of apprehension until the individual-- 7i7 has made arrangements for the care of such child2 or 7ii7 if such arrangements are unavailable or the individual is unable to make such arrangements1 is informed of the care arrangements made for the child and of a means to maintain communication with the child2 7,b7 absent medical necessity or extraordinary circumstances1 and to the extent practicable1 is placed in a detention facility either-- 7i7 proximate to the location of apprehension2 or 7ii7 proximate to the individual's habitual place of residence2 and 7,c7 receives due consideration of the best interests of such child in any decision or action relating to his or her detention1 release1 or transfer between detention facilities4 7b7 ,requests to ,state and local entities ,if the ,secretary requests a ,state or local entity to hold in custody an individual whom the ,department has reason to believe is removable pending transfer of that individual to the custody of the ,secretary or to a detention facility1 the ,secretary shall also request that the ,state or local entity provide the individual the protections specified in paragraphs 7#a7 and 7#b7 of subsection 7a71 if that individual is found to be the parent or primary caregiver of a child in the ,united ,states4 7c7 ,protections against trafficking preserved ,the provisions of this section shall not be construed to impede1 delay1 or in any way limit the obligations of the ,secretary1 the ,attorney ,general1 or the ,secretary of ,health and ,human ,services under section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 or section #dfb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi74 #chjd4 ,access to children1 ,state and local courts1 child welfare agencies1 and consular officials ,at all detention facilities1 the ,secretary shall-- 7#a7 prominently post in a manner accessible to detainees and visitors and include in detainee handbooks information on the protections of this subtitle as well as information on potential eligibility for parole or release2 7#b7 absent extraordinary circumstances1 ensure that individuals who are detained by the ,department and are parents of children in the ,united ,states are-- 7,a7 permitted regular phone calls and contact visits with their children2 7,b7 provided with contact information for child welfare agencies and family courts in the relevant jurisdictions2 7,c7 able to participate fully and1 to the extent possible1 in person in all family court proceedings and any other proceedings that may impact their right to custody of their children2 7,d7 granted free and confidential telephone calls to relevant child welfare agencies and family courts as often as is necessary to ensure that the best interest of their children1 including a preference for family unity whenever appropriate1 can be considered in child welfare agency or family court proceedings2 7,e7 able to fully comply with all family court or child welfare agency orders impacting custody of their children2 7,f7 provided access to ,united ,states passport applications or other relevant travel document applications for the purpose of obtaining travel documents for their children2 7,g7 afforded timely access to a notary public for the purpose of applying for a passport for their children or executing guardianship or other agreements to ensure the safety of their children2 and 7,h7 granted adequate time before removal to obtain passports1 apostilled birth certificates1 travel documents1 and other necessary records on behalf of their children if such children will accompany them on their return to their country of origin or join them in their country of origin2 and 7#c7 where doing so would not impact public safety or national security1 facilitate the ability of detained alien parents and primary caregivers to share information regarding travel arrangements with their consulate1 children1 child welfare agencies1 or other caregivers in advance of the detained alien individual's departure from the ,united ,states4 #chje4 ,mandatory training ,the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 the ,secretary of ,state1 the ,attorney ,general1 and independent child welfare and family law experts1 shall develop and provide training on the protections required under sections #chjc and #chjd to all personnel of the ,department1 cooperating entities1 and detention facilities operated by or under agreement with the ,department who regularly engage in immigration enforcement actions and in the course of such actions come into contact with individuals who are parents or primary caregivers of children in the ,united ,states4 #chjf4 ,rulemaking ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall promulgate regulations to implement sections #chjc and #chjd of this ,act4 #chjg4 ,severability ,if any provision of this subtitle or amendment made by this subtitle1 or the application of a provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of this subtitle and amendments made by this subtitle1 and the application of the provisions and amendment to any person or circumstance1 shall not be affected by the holding4 ,i ,providing tools ,to exchange visitors and exchange visitor sponsors ,to protect exchange visitor program participants and prevent trafficking #cija4 ,definitions 7a7 ,in general ,except as otherwise provided by this subtitle1 the terms used in this subtitle shall have the same meanings1 respectively1 as are given those terms in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc71 except that the term employer shall also include a prospective employer seeking to hire exchange visitors with which the sponsor has a contractual relationship4 7b7 ,other definitions 7#a7 ,exchange visitor ,the term exchange visitor means a foreign national who is inquiring about or applying to participate in the exchange visitor program or who has successfully applied and has completed or is completing an exchange visitor programs not funded by the ,united ,states ,government as governed by sections #b4bb1 #fb4bd1 #fb4cj1 #fb4ca1 and #fb4cb of title #bb1 ,code of ,federal ,regulations4 7#b7 ,exchange visitor program ,the term exchange visitor program means the international exchange program administered by the ,department of ,state to implement the ,mutual ,educational and ,cultural ,exchange ,act of #aifa 7#bb ,u4,s4,c4 #bdea et seq471 by means of educational and cultural programs4 7#c7 ,exchange visitor program recruitment activities ,the term exchange visitor program recruitment activities means activities related to recruiting1 soliciting1 transferring1 providing1 obtaining1 or facilitating participation of individuals who reside outside the ,united ,states in an exchange visitor program including when such activity occurs wholly outside the ,united ,states4 7#d7 ,exchange visitor program sponsor2 sponsor ,the term exchange visitor program sponsor or sponsor means a legal entity designated by the ,secretary of ,state1 in the ,secretary's discretion1 to conduct an exchange visitor program governed by sections #fb4bb1 #fb4bd1 #fb4cj1 #fb4ca1 and #fb4cb of title #bb1 ,code of ,federal ,regulations74 7#e7 ,foreign entity ,the term foreign entity means a person contracted by a sponsor to engage in exchange visitor program recruitment activities on the sponsor's behalf and any subcontractors thereof4 7#f7 ,host entity ,the term host entity means host organization1 primary or secondary accredited educational institution1 camp facility1 host family1 or employer_/host employer as used in sections #fb4bb1 #fb4bd1 #fb4cj1 #fb4ca1 and #fb4cb of title #bb1 ,code of ,federal ,regulations1 respectively4 7#g7 ,regulations ,any reference to any provision of regulations shall include any successor provision addressing the same subject matter4 #cijb4 ,disclosure 7a7 ,requirement for disclosure at time of exchange visitor program recruitment activity ,any person who engages in exchange visitor program recruitment activity shall develop certain information1 previously approved by and on file with the exchange visitor program sponsor1 to be disclosed in writing in ,english to the exchange visitor before the exchange visitor pays fees described in section #cijd1 other than refundable fees and a reasonable non-refundable deposit1 or otherwise detrimentally relies on information provided by an exchange program sponsor or foreign entity4 ,this information shall be made available to the ,secretary of ,state1 or an exchange visitor requesting his or her own file1 within #e business days of request1 consistent with program regulations in part #fb of title #bb1 ,code of ,federal ,regulations4 ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary of ,state shall1 in consultation with the ,secretary of ,labor1 amend such regulations to reflect the information to be disclosed1 including the following3 7#a7 ,the identity and address of the exchange visitor program sponsor1 host entity1 and any foreign entity with authority to charge fees and costs under section #cijd4 7#b7 ,all assurances and terms and conditions of employment1 from the prospective host entity of the exchange visitor1 including place and period of employment1 job duties1 number of work hours1 wages and compensation1 and any deductions from wages and benefits1 including deductions for housing and transportation4 ,nothing in this paragraph shall be construed to permit any charge1 deduction1 or expense prohibited by this or any other law4 7#c7 ,a copy of the prospective agreement between the exchange visitor program sponsor1 exchange visitor1 and the host entity4 7#d7 ,information regarding the terms and conditions of the nonimmigrant status under which the exchange visitor is to be admitted1 and the period of stay in the ,united ,states allowed for such nonimmigrant status4 7#e7 ,a copy of the fee disclosure form as described in section #cijd7;d7 listing the mandatory and optional costs or expenses to be charged to the exchange visitor4 7#f7 ,the existence of any labor organizing effort1 collective bargaining agreement1 labor contract1 strike1 lockout1 or other labor dispute at the host entity4 7#g7 ,whether and the extent to which exchange visitors will be compensated through workers' compensation1 private insurance1 or otherwise for injuries or death1 including work-related injuries and death1 during the period of employment4 7#h7 ,a description of the sanctions the exchange visitor program sponsor is currently subject to1 if any1 as imposed by the ,department of ,state4 7#i7 ,a statement in a form specified by the ,secretary of ,state-- 7,a7 stating that in accordance with guidelines and regulations promulgated by the ,secretary -- 7i7 the costs and fees charged by the exchange program sponsor1 foreign entity1 and host entity do not exceed those permitted by section #cijd and are legal under the laws of the ,united ,states and the home country of the exchange visitor2 and 7ii7 the exchange visitor program sponsor1 foreign entity1 or host entity may bear costs or fees not provided for in section #cijd1 but that fees under that section cannot be passed along to the exchange visitor4 7#aj7 ,any education or training to be provided or required1 other than education or training provided in accordance with section #fb4aj 7b7 and 7c7 of title #bb1 ,code of ,federal ,regulations1 as pre-arrival information or orientation and additional orientation and training requirements as described in each relevant category under sections #fb4bb1 #fb4bd1 #fb4cj1 #fb4ca1 and #fb4cb of that title4 7#aa7 ,a clear statement explaining that-- 7,a7 except as provided in subparagraph 7,b71 no additional significant requirements or significant changes may be made to the original contract signed with a handwritten1 electronic1 or digital pin code signature by the exchange visitor without at least #bd hours to consider such changes and the specific consent of the exchange visitor1 obtained voluntarily and without threat of penalty2 and 7,b7 changes may be made to the conditions of employment contained in the original contract even if the exchange visitor has not had #bd hours to consider such changes1 provided the exchange visitor has specifically consented to the changes1 voluntarily and without threat of penalty1 and such changes must be implemented without giving the exchange visitor #bd hours to consider them in order to protect the health or welfare of the exchange visitor4 7b7 ,requirement for rules ,the ,secretary of ,state shall define by rule or guidance what constitutes refundable fees and a reasonable non-refundable deposit for the purpose subsection 7a74 7c7 ,relationship to labor and employment laws ,nothing in the disclosure required by subsection 7a7 shall constitute a legal conclusion as to the exchange visitor's status or rights under the labor and employment laws4 7d7 ,prohibition on false and misleading information and certain fees ,no exchange visitor program sponsor1 foreign entity1 or host entity who engages in any exchange visitor program activity shall knowingly provide materially false or misleading information to any exchange visitor concerning any matter required to be disclosed under subsection 7a74 ,charging fees for services not provided or assessing fees that exceed the amounts established by the ,secretary of ,state pursuant to section #cijd is a violation of this section4 ,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 #aeai of title #ah1 ,united ,states ,code1 and other provisions of such title4 7e7 ,public availability of information ,the ,secretary of ,state shall amend its regulations at part #fb of title #bb1 ,code of ,federal ,regulations1 to require sponsors to make publicly available1 including on their websites and in recruiting materials1 information regarding fees1 costs1 and services associated with their exchange visitor programs1 including foreign entity names and contact points1 and other factors relevant to exchange visitors' choice of sponsor or foreign entity4 #cijc4 ,prohibition on discrimination 7a7 ,in general ,it shall be unlawful for an exchange visitor program sponsor1 foreign entity1 or host entity to fail or refuse to select1 hire1 discharge1 intimidate1 threaten1 restrain1 coerce1 or blacklist any individual or otherwise discriminate against an individual with respect to compensation1 terms1 conditions1 or privileges of employment1 because of such individual's race1 color1 creed1 sex1 national origin1 religion1 age1 or disability4 7b7 ,determinations of discrimination ,for the purposes of determining the existence of unlawful discrimination under subsection 7a7-- 7#a7 in the case of a claim of discrimination based on race1 color1 sex1 national origin1 or religion1 the same legal standards shall apply as are applicable under title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 7#b7 in the case of a claim of discrimination based on age1 the same legal standards shall apply as are applicable under the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq472 and 7#c7 in the case of a claim of discrimination based on disability1 the same legal standards shall apply as are applicable under title ,i of the ,americans ,with ,disabilities ,act of #aiij as amended 7#db ,u4,s4,c4 #abaaa et seq474 #cijd4 ,fees 7a7 ,in general ,not later than #b years after the date of the enactment of this ,act1 the ,secretary of ,state1 in consultation with the ,secretary of ,labor1 shall promulgate regulations to set limits on the mandatory fees charged by exchange visitor program sponsors1 host entities1 and their foreign entities to the exchange visitor4 ,in promulgating such regulations1 the ,secretary of ,state shall conduct public meetings with exchange visitor program sponsors1 organizations representing exchange visitors1 and members of the public with expertise in public diplomacy1 educational and cultural exchange1 labor markets1 labor relations1 migration1 civil rights1 human rights1 and prohibiting human trafficking4 ,the ,secretary of ,state may1 in the ,secretary's discretion1 consider factors including what costs are within the control of sponsors1 differences among programs and countries1 level and amount of educational and cultural activities included1 and services rendered4 7b7 ,maximum fees ,it shall be unlawful for any person to charge a fee higher than the maximum allowable fee as established by regulations promulgated under subsection 7a71 and any person who charges a higher fee shall be liable under this subtitle4 ,if a fee higher than the maximum is charged by a sponsor or foreign entity1 the sponsor shall be liable4 ,if a fee higher than the maximum allowable is charged by the host entity or a host entity's agent1 the host entity shall be liable4 7c7 ,update of maximum fees ,the ,secretary of ,state shall update the maximum allowable fees described in subsection 7a7 in response to changing economic conditions and other factors as needed4 7d7 ,fee transparency ,the ,secretary of ,state shall amend its regulations at part #fb of title #bb1 ,code of ,federal ,regulations1 to require exchange visitor program sponsors to-- 7#a7 provide the ,department of ,state annually with an itemized list of fees charged to exchange visitor program participants including by their foreign entities1 subcontractors1 or foreign entity's agents2 and 7#b7 require a #c-party document signed by the exchange visitor1 foreign entity1 and sponsor that outlines a basic level fee structure and itemizes mandatory and optional fees4 #cije4 ,annual notification 7a7 ,annual exchange visitor program sponsor notification 7#a7 ,in general ,subject to paragraph 7#b71 prior to engaging in any exchange visitor program activity1 any person who seeks to be an exchange visitor program sponsor shall be designated by the ,secretary of ,state pursuant to regulations that the ,secretary of ,state has prescribed or shall prescribe after the date of the enactment of this ,act4 7#b7 ,notification ,each exchange visitor program sponsor shall notify the ,secretary of ,state1 not less frequently than once every year1 of the identity of any third party1 agent1 or exchange visitor program sponsor employee involved in any exchange visitor program recruitment activity for1 or on behalf of1 the exchange visitor program sponsor4 7#c7 ,personal jurisdiction over foreign entities ,as a condition of initial and continued registration1 each program sponsor shall obtain a written and signed agreement from any foreign entity4 ,in that agreement1 the foreign entity shall stipulate and agree1 as a condition for receiving any payment or compensation for performing any work or service for the program sponsor1 that the laws of the ,united ,states shall govern any and all disputes among and between the parties or the ,united ,states1 including any enforcement actions1 and that any dispute or enforcement action shall be brought in the ,united ,states ,district ,court for the ,district of ,columbia4 ,the agreement shall be in such form and contain such other information as the ,secretary of ,state shall prescribe4 7#d7 ,noncompliance notification ,an host entity shall notify the ,secretary of ,state upon gaining knowledge of noncompliance with this subtitle by an exchange visitor program sponsor4 ,an exchange visitor program sponsor shall notify the ,secretary of ,state upon gaining knowledge of noncompliance with this subtitle by a host entity or foreign entity4 7b7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state shall amend its regulations at part #fb of title #bb1 ,code of ,federal ,regulations1 regarding the annual exchange visitor program sponsor notification4 7c7 ,refusal ,to issue and revocation of designation ,the ,secretary of ,state shall amend its regulations at part #fb of title #bb1 ,code of ,federal ,regulations1 to include the following bases for refusing to issue or renew1 or for revoking a sponsor's designation for a period of not greater than #e years3 7#a7 ,the applicant for1 or holder of1 the designation has knowingly made a material misrepresentation in the application for such designation4 7#b7 ,the applicant for1 or holder of1 the designation has committed any felony under ,state or ,federal law or any crime involving fraud1 robbery1 bribery1 extortion1 embezzlement1 grand larceny1 burglary1 arson1 violation of narcotics laws1 murder1 rape1 trafficking in persons1 assault with intent to kill1 assault which inflicts grievous bodily injury1 prostitution1 peonage1 or smuggling or harboring individuals who have entered the ,united ,states illegally4 7#c7 ,the applicant for1 or holder of1 the designation has committed any crime relating to gambling1 or to the sale1 distribution1 or possession of alcoholic beverages1 in connection with or incident to any exchange visitor recruitment activities4 7#d7 ,such other criteria as the ,secretary of ,state may1 in the ,secretary's discretion1 establish4 #cijf4 ,bonding requirement 7a7 ,in general ,the ,secretary of ,state may assess a bond amount sufficient to ensure the ability of a sponsor to discharge its responsibilities and to ensure protection of exchange visitors1 including wages or stipends4 ,in requiring a sponsor to post the bond1 the ,secretary of ,state shall take into account the degree to which the sponsor's assets can be reached by ,united ,states courts4 7b7 ,regulations ,the ,secretary of ,state1 by regulation1 shall establish the conditions under which the bond amount is determined1 paid1 and forfeited1 which shall include the sponsor's history of compliance4 7c7 ,relationship to other remedies ,the bond requirements and forfeiture of the bond under this section shall be in addition to or1 pursuant to court order1 in conjunction with1 other remedies under #ciaj or any other provision of law4 #cijg4 ,maintenance of lists 7a7 ,in general ,the ,secretary of ,state shall work with the ,secretary of ,homeland ,security to ensure that the information described in paragraphs 7#a7 through 7#d7 of subsection 7b7 is included on the foreign entity list kept and updated pursuant to section #cfjg and shall share that list with the ,department of ,labor4 7b7 ,information ,not later than #a year after the date of the enactment of this ,act1 each sponsor shall compile and share with the ,secretary of ,state on a regular basis a list that includes the following information3 7#a7 ,the countries from which the sponsor recruits4 7#b7 ,the host entities for whom the sponsor recruits4 7#c7 ,the occupations for which the sponsor recruits4 7#d7 ,the ,states where recruited exchange visitors are employed4 7c7 ,limitation on public availability ,neither the ,secretary of ,state nor the ,secretary of ,homeland ,security shall make the information described in paragraphs 7#a7 through 7#d7 of subsection 7b7 public as part of the list described in section #cfjg4 #cijh4 ,amendment to the ,immigration and ,nationality ,act ,section #bad 7#h ,u4,s4,c4 #aahd71 as amended by title ,,iv1 is further amended by adding at the end the following3 7bb7 ,a visa shall not be issued under section #aja7;a77#ae7 until the consular officer-- 7#a7 has confirmed that the applicant has received1 read1 and understood the information and resources pamphlet required by section #bjb of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #acge;b72 and 7#b7 has reviewed and made a part of the visa file the exchange visitor program sponsor disclosures required by section #cijb of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 including whether the exchange visitor program sponsor is designated pursuant to that section4 4 #ciji4 ,responsibilities of ,secretary of ,state 7a7 ,in general ,the ,secretary of ,state shall ensure that each ,united ,states diplomatic mission has a person who is responsible for receiving information from any exchange visitor who has been subject to violations of this subtitle4 7b7 ,provision of information ,the responsible person referred to in subsection 7a7 shall ensure that the information received is provided to the ,department of ,state4 ,the ,department of ,state may share that information as necessary with the ,department of ,justice1 the ,department of ,labor1 and any other relevant ,federal agency4 7c7 ,mechanisms ,the ,attorney ,general and the ,secretary of ,state shall ensure that there is a mechanism for any actions that need to be taken in response to information received under subsection 7a74 7d7 ,assistance from foreign government ,the person designated for receiving information pursuant to subsection 7a7 is strongly encouraged to coordinate with governments and civil society organizations in the countries of origin to ensure the exchange visitor receives additional support4 7e7 ,maintenance and availability of information ,the ,secretary of ,state shall ensure that consulates coordinate with the ,department of ,state to have access to information regarding the identities of sponsors and the foreign entities with whom sponsors contract for exchange visitor program recruitment activities4 ,the ,secretary of ,state shall ensure information on the identity of sponsors is publicly available in written form on the ,department of ,state website1 and information on the identity of foreign entities in each individual country is publicly available on the websites of ,united ,states embassies in each of those countries4 #ciaj4 ,enforcement provisions 7a7 ,investigations ,the ,secretary of ,state shall undertake compliance actions and sanctions against exchange visitor program sponsors in accordance with part #fb of title #bb1 ,code of ,federal ,regulations4 7b7 ,representation ,except as provided in section #eah7;a7 of title #bh1 ,united ,states ,code1 the ,attorney ,general may appear for and represent the ,secretary in any civil litigation brought under this paragraph4 ,all such litigation shall be subject to the direction and control of the ,attorney ,general4 ,exchange visitor sponsors shall be allowed a reasonable period of inquiry and response before civil litigation is initiated4 7c7 ,enforcement ,the ,secretary of ,state or an exchange visitor who is subject to any violation of this subtitle may bring a civil action against an exchange visitor program sponsor1 foreign entity1 or host entity in a court of competent jurisdiction and recover appropriate relief1 including injunctive relief1 damages1 reasonable attorneys' fees and costs1 and any other remedy that would effectuate the purposes of this subtitle4 ,any action must be filed within #c years after the date on which the exchange visitor became aware of the violation1 but under no circumstances more than #e years after the date on which the violation occurred4 7d7 ,actions by the secretary of state or an exchange visitor ,if the court finds in a civil action filed under this section that the defendant has violated any provision of this subtitle 7or any regulation issued pursuant to this subtitle71 the court may award damages1 up to and including an amount equal to the amount of actual damages1 and statutory damages of up to #a1jjj per plaintiff per violation1 or other equitable relief1 except that with respect to statutory damages-- 7#a7 multiple infractions of a single provision of this subtitle 7or of a regulation under this subtitle7 shall constitute only #a violation for purposes of section #cijb7;a7 to determine the amount of statutory damages due a plaintiff2 and 7#b7 if such complaint is certified as a class action the court may award-- 7,a7 damages up to an amount equal to the amount of actual damages2 and 7,b7 statutory damages of not more than the lesser of up to #a1jjj per class member per violation1 or up to #ejj1jjj2 7,c7 other equitable relief2 7,d7 reasonable attorneys' fees and costs2 and 7,e7 such other and further relief1 including declaratory and injunctive relief1 as necessary to effectuate the purposes of this subtitle4 7e7 ,bond ,to satisfy the damages1 fees1 and costs found owing under this section1 as much of the bond held pursuant to section #cijf shall be released as necessary4 7f7 ,appeal ,any civil action brought under this section shall be subject to appeal as provided in chapter #hc of title #bh1 ,united ,states ,code4 7g7 ,safe harbor ,a host entity shall not have any liability under this section for the actions or omissions of an exchange visitor program sponsor that has a valid designation with the ,state ,department pursuant to section #cije1 unless and to the extent that the host entity has engaged in conduct that violates this subtitle4 7h7 ,liability for foreign entities ,exchange visitor program sponsors shall be liable for violations of this subtitle by any foreign employees1 agents1 foreign entities1 or subcontractees of any level in relation to the exchange visitor program recruitment activities of the foreign employees1 agents1 foreign entities1 or subcontractees to the same extent as if the exchange visitor program sponsor had committed the violation1 unless the exchange visitor program sponsor-- 7#a7 uses reasonable procedures to protect against violations of this subtitle by foreign employees1 agents1 foreign entities1 or subcontractees 7including contractually forbidding in writing any foreign employees1 agents1 foreign entities1 or subcontractees from seeking or receiving prohibited fees from workers72 7#b7 does not act with reckless disregard of the fact that foreign employees1 agents1 foreign entities1 or subcontractees have violated any provision of this subtitle2 and 7#c7 timely reports any potential violations to the ,secretary of ,state4 7i7 ,waiver of rights ,agreements between exchange visitors with sponsors1 foreign entities1 or host entities purporting to waive or to modify their rights under this subtitle shall be void as contrary to public policy4 7j7 ,retaliation ,no person shall intimidate1 threaten1 restrain1 coerce1 discharge1 or in any other manner discriminate or retaliate against any exchange visitor or his or her family members 7including a former exchange visitor or an applicant for employment7 because such exchange visitor disclosed information to any person that the exchange visitor reasonably believes evidences a violation of this section 7or any rule or regulation pertaining to this section71 including speaking with a worker organization1 seeking legal assistance of counsel1 or cooperating with an investigation or other proceeding concerning compliance with this section 7or any regulation pertaining to this section74 7k7 ,prohibition on retaliation ,it shall be unlawful for an exchange visitor program sponsor or foreign entity to terminate or remove from the exchange visitor program1 ban from the program1 adversely annotate an exchange visitor's ,,sevis 7as defined in section #dijb7 record1 fire1 demote1 take other adverse employment action1 or evict1 or to threaten to take any of such actions against an exchange visitor in retaliation for the act of complaining about program conditions1 including housing and job placements1 wages1 hours1 and general treatment1 or for disclosing retaliation by an exchange visitor sponsor1 exchange visitor foreign entity1 or host entity against any exchange visitor4 7l7 ,presence during pendency of actions ,if other immigration relief is not available to the exchange visitor1 the ,secretary of ,homeland ,security may permit1 only on the basis of proof1 the exchange visitor to remain lawfully in the ,united ,states for the time sufficient to allow the exchange visitor to fully and effectively participate in all legal proceedings related to any action taken pursuant to this section4 7m7 ,access to legal services corporation ,notwithstanding any other provision of law1 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 subtitle4 7n7 ,host entity violations ,the ,secretary1 in consultation with the ,secretary of ,labor1 shall maintain a list of host entities against whom there has been a complaint substantiated by the ,department of ,state for significant program violations4 ,information from that list shall be made available to sponsors upon request4 #ciaa4 ,audits and transparency 7a7 ,compliance audits 7#a7 ,in general ,the ,secretary of ,state shall by regulation require audit reports to be filed by exchange visitor program sponsors operating under the following specific program categories1 as described under subpart ,b of part #fb of title #bb1 ,code of ,federal ,regulations1 and any successor regulations3 7,a7 ,summer work travel4 7,b7 ,trainees and interns4 7,c7 ,camp counselors4 7,d7 ,au pairs4 7,e7 ,teachers4 7#b7 ,audit reports ,audit reports shall be filed with the ,department of ,state and be conducted by a certified public accountant1 qualified auditor1 or licensed attorney pursuant to a format designated by the ,secretary of ,state1 attesting to the sponsor's compliance with the regulatory and reporting requirements set forth in part #fb of title #bb1 ,code of ,federal ,regulations4 ,the report shall be conducted at the expense of the sponsor and no more frequently than on a biannual basis4 7b7 ,annual report ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state shall submit to ,congress a report on the exchange visitor program1 which shall detail for each specific program category-- 7#a7 summary data on the number of exchange visitors and countries participating in that category2 7#b7 public diplomacy outcomes2 and 7#c7 recent sanctions imposed by the ,department of ,state4 ,,iv ,reforms to nonimmigrant visa programs ,a ,employment-based nonimmigrant visas #daja4 ,market-based ,h-#a;,b ,visa limits 7a7 ,in general ,section #bad7;g7 7#h ,u4,s4,c4 #aahd7;g77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking 7beginning with fiscal year #aiib72 and 7,b7 by amending subparagraph 7,a7 to read as follows3 7,a7 under section #aja7;a77#ae77;,h77i77b7 may not exceed the sum of-- 7i7 the base allocation calculated under paragraph 7#i77;,a72 and 7ii7 the allocation adjustment calculated under paragraph 7#i77;,b72 and 2 7#b7 by redesignating paragraph 7#aj7 as subparagraph 7,d7 of paragraph 7#i72 7#c7 by redesignating paragraph 7#i7 as paragraph 7#aj72 and 7#d7 by inserting after paragraph 7#h7 the following3 7#i7 7,a7 ,except as provided in subparagraph 7,c71 the base allocation of nonimmigrant visas under section #aja7;a77#ae77;,h77i77b7 for each fiscal year shall be equal to-- 7i7 the sum of-- 7,i7 the base allocation for the most recently completed fiscal year2 and 7,,ii7 the allocation adjustment under subparagraph 7,b7 for the most recently completed fiscal year2 7ii7 if the number calculated under clause 7i7 is less than #aae1jjj1 #aae1jjj2 or 7iii7 if the number calculated under clause 7i7 is more than #ahj1jjj1 #ahj1jjj4 7,b7 7i7 ,if the number of cap-subject nonimmigrant visa petitions accepted for filing under section #aja7;a77#ae77;,h77i77b7 during the first #de days petitions may be filed for a fiscal year is equal to the base allocation for such fiscal year1 an additional #bj1jjj such visas shall be made available beginning on the #dfth day on which petitions may be filed for such fiscal year4 7ii7 ,if the base allocation of cap-subject nonimmigrant visa petitions accepted for filing under section #aja7;a77#ae77;,h77i77b7 for a fiscal year is reached during the #ae-;day period ending on the #fjth day on which petitions may be filed for such fiscal year1 an additional #ae1jjj such visas shall be made available beginning on the #fast day on which petitions may be filed for such fiscal year4 7iii7 ,if the base allocation of cap-subject nonimmigrant visa petitions accepted for filing under section #aja7;a77#ae77;,h77i77b7 for a fiscal year is reached during the #cj-;day period ending on the #ijth day on which petitions may be filed for such fiscal year1 an additional #aj1jjj such visas shall be made available beginning on the #iast day on which petitions may be filed for such fiscal year4 7iv7 ,if the base allocation of cap-subject nonimmigrant visa petitions accepted for filing under section #aja7;a77#ae77;,h77i77b7 for a fiscal year is reached during the #ahe-;day period ending on the #bgeth day on which petitions may be filed for such fiscal year1 an additional #e1jjj such visas shall be made available beginning on the date on which such allocation is reached4 7v7 ,if the number of cap-subject nonimmigrant visa petitions accepted for filing under section #aja7;a77#ae77;,h77i77b7 for a fiscal year is at least #e1jjj fewer than the base allocation1 but is not more than #i1iii fewer than the base allocation1 the allocation adjustment for the following fiscal year shall be -#e1jjj4 7vi7 ,if the number of cap-subject nonimmigrant visa petitions accepted for filing under section #aja7;a77#ae77;,h77i77b7 for a fiscal year is at least #aj1jjj fewer than the base allocation1 but not more than #ad1iii fewer than the base allocation1 the allocation adjustment for the following fiscal year shall be -#aj1jjj4 7vii7 ,if the number of cap-subject nonimmigrant visa petitions accepted for filing under section #aja7;a77#ae77;,h77i77b7 for a fiscal year is at least #ae1jjj fewer than the base allocation1 but not more than #ai1iii fewer than the base allocation1 the allocation adjustment for the following fiscal year shall be -#ae1jjj4 7viii7 ,if the number of cap-subject nonimmigrant visa petitions accepted for filing under section #aja7;a77#ae77;,h77i77b7 for a fiscal year is at least #bj1jjj fewer than the base allocation1 the allocation adjustment for the following fiscal year shall be -#bj1jjj4 7,c7 ,an allocation adjustment under clause 7i71 7ii71 7iii71 or 7iv7 of subparagraph 7,b7-- 7i7 may not increase the numerical limitation contained in paragraph 7#i77;,a7 to a number above #ahj1jjj2 and 7ii7 may not take place to make additional nonimmigrant visas available for any fiscal year in which the national occupational unemployment rate for ,management1 ,professional1 and ,related ,occupations1 as published by the ,bureau of ,labor ,statistics each month1 averages #d4e percent or greater over the #ab-month period preceding the date of the ,secretary's determination of whether the cap should be increased or decreased4 4 7b7 ,increase in allocation for ,,stem nonimmigrants ,section #bad7;g77#e77;,c7 7#h ,u4,s4,c4 #aahd7;g77#e77;,c77 is amended to read as follows3 7,c7 has earned a master's or higher degree1 in a field of science1 technology1 engineering1 or math included in the ,department of ,education's ,classification of ,instructional ,programs taxonomy within the summary groups of computer and information sciences and support services1 engineering1 mathematics and statistics1 biological and biomedical sciences1 and physical sciences1 from a ,united ,states institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a77 until the number of aliens who are exempted from such numerical limitation during such year exceed #be1jjj4 4 7c7 ,publication 7#a7 ,data summarizing petitions ,the ,secretary shall timely upload to a public website data that summarizes the adjudication of nonimmigrant petitions under section #aja7;a77#ae77;,h77i77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77i77b77 during each fiscal year4 7#b7 ,annual numerical limitation ,as soon as practicable and no later than ,march #b of each fiscal year1 the ,secretary shall publish in the ,federal ,register the numerical limitation determined under section #bad7;g77#a77;,a7 for such fiscal year4 7d7 ,effective date and application ,the amendments made by subsection 7a7 shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this ,act and apply to applications for nonimmigrant visas under section #aja7;a77#ae77;,h77i77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77i77b77 for such fiscal year4 #dajb4 ,employment authorization for dependents of employment-based nonimmigrants ,section #bad7;c7 7#h ,u4,s4,c4 #aahd7;c77 is amended-- 7#a7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 and 7#b7 in paragraph 7#b71 by amending subparagraph 7,e7 to read as follows3 7,e7 7i7 ,in the case of an alien spouse admitted under section #aja7;a77#ae77,l71 who is accompanying or following to join a principal alien admitted under such section1 the ,secretary of ,homeland ,security shall-- 7,i7 authorize the alien spouse to engage in employment in the ,united ,states2 and 7,,ii7 provide the spouse with an employment authorized endorsement or other appropriate work permit4 7ii7 ,in the case of an alien spouse admitted under section #aja7;a77#ae77;,h77i77b71 who is accompanying or following to join a principal alien admitted under such section1 the ,secretary of ,homeland ,security shall-- 7,i7 authorize the alien spouse to engage in employment in the ,united ,states2 and 7,,ii7 provide such a spouse with an employment authorized endorsement or other appropriate work permit1 if appropriate4 7iii7 7,i7 ,upon the request of the ,secretary of ,state1 the ,secretary of ,homeland ,security may suspend employment authorizations under clause 7ii7 to nationals of a foreign country that does not permit reciprocal employment to nationals of the ,united ,states who are accompanying or following to join the employment-based nonimmigrant husband or wife of such spouse to be employed in such foreign country based on that status4 7,,ii7 ,in subclause 7,i71 the term employment-based nonimmigrant means an individual who is admitted to a foreign country to perform employment similar to the employment described in section #aja7;a77#ae77;,h77i77b74 4 #dajc4 ,eliminating impediments to worker mobility 7a7 ,deference to prior approvals ,section #bad7;c7 7#h ,u4,s4,c4 #aahd7;c771 as amended by section #dajb1 is further amended by adding at the end the following3 7#ae7 ,subject to paragraph 7#b77;,d7 and subsection 7g7 and section #ajd7;c7 and subsections 7a7 and 7b7 of section #ajf of the ,american ,competitiveness in the ,twenty-first ,century ,act of #bjjj 7,public ,law #ajf-cac2 #h ,u4,s4,c4 #aahd note71 the ,secretary of ,homeland ,security shall give deference to a prior approval of a petition in reviewing a petition to extend the status of a nonimmigrant admitted under subparagraph 7,h77i77b7 or 7,l7 of section #aja7;a77#ae7 if the petition involves the same alien and petitioner unless the ,secretary determines that-- 7,a7 there was a material error with regard to the previous petition approval2 7,b7 a substantial change in circumstances has taken place2 7,c7 new material information has been discovered that adversely impacts the eligibility of the employer or the nonimmigrant2 or 7,d7 in the ,secretary's discretion1 such extension should not be approved4 4 7b7 ,effect of employment termination ,section #bad7n7 7#h ,u4,s4,c4 #aahd7n77 is amended by adding at the end the following3 7#c7 ,a nonimmigrant admitted under section #aja7;a77#ae77;,h77i77b7 whose employment relationship terminates before the expiration of the nonimmigrant's period of authorized admission shall be deemed to have retained such legal status throughout the entire #fj-;day period beginning on the date such employment is terminated4 ,a nonimmigrant who files a petition to extend1 change1 or adjust their status at any point during such period shall be deemed to have lawful status under section #aja7;a77#ae77;,h77i77b7 while that petition is pending4 4 7c7 ,visa revalidation ,section #bbb7;c7 7#h ,u4,s4,c4 #abjb7;c77 is amended-- 7#a7 by inserting 7#a7 before ,every alien2 and 7#b7 by adding at the end the following3 7#b7 ,the ,secretary of ,state may1 at the ,secretary's discretion1 renew in the ,united ,states the visa of an alien admitted under subparagraph 7,a71 7,e71 7,g71 7,h71 7,i71 7,l71 7,n71 7,o71 7,p71 7,r71 or 7,w7 of section #aja7;a77#ae7 if the alien has remained eligible for such status and qualifies for a waiver of interview as provided for in subsection 7h77#a77;,d74 4 7d7 ,interview waivers for low risk visa applicants ,section #bbb7;h77#a7 7#h ,u4,s4,c4 #abjb7;h77#a77 is amended-- 7#a7 in subparagraph 7,b77iv71 by striking or at the end2 7#b7 in subparagraph 7,c77ii71 by striking and at the end and inserting or2 and 7#c7 by adding at the end the following3 7,d7 by the ,secretary of ,state1 in consultation with the ,secretary of ,homeland ,security1 for such aliens or classes of aliens-- 7i7 that the ,secretary determines generally represent a low security risk2 7ii7 for which an in-person interview would not add material benefit to the adjudication process2 7iii7 unless the ,secretary of ,state1 after a review of all standard database and biometric checks1 the visa application1 and other supporting documents1 determines that an interview is unlikely to reveal derogatory information2 and 7iv7 except that in every case1 the ,secretary of ,state retains the right to require an applicant to appear for an interview2 and 4 #dajd4 ,,stem education and training 7a7 ,fee ,section #bab7;a77#e77;,a7 7#h ,u4,s4,c4 #aahb7;a77#e77;,a77 is amended by adding at the end the following3 7v7 ,fee ,an employer shall submit1 along with an application for a certification under this subparagraph1 a fee of #a1jjj1 which shall be deposited in the ,,stem ,education and ,training ,account established under section #bhf7w74 4 7b7 ,h-#a;,b nonimmigrant petitioner account ,section #bhf7s7 7#h ,u4,s4,c4 #acef7s77 is amended by striking paragraphs 7#c7 and 7#d7 and inserting the following3 7#c7 ,low-income stem scholarship program 7,a7 ,in general ,thirty percent of the amounts deposited into the ,h-#a;,b ,nonimmigrant ,petitioner ,account shall remain available to the ,director of the ,national ,science ,foundation until expended for scholarships described in section #dad7;d7 of the ,american ,competitiveness and ,workforce ,improvement ,act of #aiih 7#db ,u4,s4,c4 #ahfi;c7 for low-income students enrolled in a program of study leading to a degree in science1 technology1 engineering1 or mathematics4 7,b7 ,stem education for underrepresented ,the ,director shall work in consultation with1 or direct scholarship funds through1 national nonprofit organizations that primarily focus on science1 technology1 engineering1 or mathematics education for underrepresented groups1 such as women and minorities4 7,c7 ,loan forgiveness ,the ,director may expend funds from the ,account for purposes of loan forgiveness or repayment of student loans which led to a low-income student obtaining a degree in science1 technology1 engineering1 mathematics1 or other high demand fields4 7#d7 ,national science foundation grant program for k-#ab science1 technology1 engineering1 and mathematics education 7,a7 ,in general ,ten percent of the amounts deposited into the ,h-#a;,b ,nonimmigrant ,petitioner ,account shall remain available to the ,director of the ,national ,science ,foundation until expended to carry out a direct or matching grant program to support improvement in ,k-#ab education1 including through private-public partnerships4 ,grants awarded pursuant to this paragraph shall include formula based grants that target lower income populations with a focus on reaching women and minorities4 7,b7 ,types of programs covered ,the ,director shall award grants to programs that-- 7i7 support the development and implementation of standards-based instructional materials models and related student assessments that enable ,k-#ab students to acquire an understanding of science1 technology1 engineering1 and mathematics1 and to develop critical thinking skills2 7ii7 provide systemic improvement in training ,k-#ab teachers and education for students in science1 technology1 engineering1 and mathematics1 including by supporting efforts to promote gender-equality among students receiving such instruction2 7iii7 support the professional development of ,k-#ab science1 technology1 engineering1 and mathematics teachers in the use of technology in the classroom2 7iv7 stimulate systemwide ,k-#ab reform of science1 technology1 engineering1 and mathematics in urban1 rural1 and economically disadvantaged regions of the ,united ,states2 7v7 provide externships and other opportunities for students to increase their appreciation and understanding of science1 technology1 engineering1 and mathematics 7including summer institutes sponsored by an institution of higher education for students in grades #g through #ab that provide instruction in such fields72 7vi7 involve partnerships of industry1 educational institutions1 and national or regional community based organizations with demonstrated experience addressing the educational needs of disadvantaged communities2 7vii7 provide college preparatory support to expose and prepare students for careers in science1 technology1 engineering1 and mathematics2 or 7viii7 provide for carrying out systemic reform activities under section #c7;a77#a7 of the ,national ,science ,foundation ,act of #aiej 7#db ,u4,s4,c4 #ahfb7;a77#a774 4 7c7 ,use of fee ,section #bhf 7#h ,u4,s4,c4 #acef7 is amended by adding at the end the following3 7w7 ,,stem ,education and ,training ,account 7#a7 ,in general ,there is established in the general fund of the ,treasury a separate account1 which shall be known as the ,,stem ,education and ,training ,account4 ,notwithstanding any other section of this title1 there shall be deposited as offsetting receipts into the ,account all of the fees collected under section #bab7;a77#e77;,a77v74 7#b7 ,purposes 7,a7 ,in general ,the purposes of the ,,stem ,education and ,training ,account are to enhance the economic competitiveness of the ,united ,states by-- 7i7 strengthening ,,stem education1 including in computer science1 at all levels2 7ii7 ensuring that schools have access to well-trained and effective ,,stem teachers2 7iii7 supporting efforts to strengthen the elementary and secondary curriculum1 including efforts to make courses in computer science more broadly available2 and 7iv7 helping colleges and universities produce more graduates in fields needed by ,american employers4 7,b7 ,defined term ,in this paragraph1 the term ,,stem education means instruction in a field of science1 technology1 engineering or math included in the ,department of ,education's ,classification of ,instructional ,programs taxonomy within the summary groups of computer and information sciences and support services1 engineering1 mathematics and statistics1 biological and biomedical sciences1 and physical sciences4 7#c7 ,allocations to states and territories 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary of ,education shall proportionately allocate #gj percent of the amounts deposited into the ,,stem ,education and ,training ,account each fiscal year to the #ej ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 the ,united ,states ,virgin ,islands1 ,american ,samoa1 and the ,northern ,mariana ,islands in an amount that bears the same relationship as the proportion the ,state1 district1 or territory received under subpart #b of part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcca et seq47 for the preceding fiscal year bears to the amount all ,states and territories received under that subpart for the preceding fiscal year4 7,b7 ,minimum allocations ,no ,state or territory shall receive less than an amount equal to #j4e percent of the total amount made available to all ,states from the ,,stem ,education and ,training ,account4 ,if a ,state or territory does not request an allocation from the ,account for a fiscal year1 the ,secretary shall reallocate the ,state's allocation to the remaining ,states and territories in accordance with this paragraph4 7,c7 ,use of funds ,amounts allocated pursuant to this paragraph may be used for the activities described in section #dajd7;c7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7#d7 ,stem capacity building at minority-serving institutions 7,a7 ,in general ,the ,secretary of ,education shall allocate #bj percent of the amounts deposited into the ,,stem ,education and ,training ,account to establish or expand programs to award grants to institutions described in subparagraph 7,c7-- 7i7 to enhance the quality of undergraduate science1 technology1 engineering1 and mathematics education at such institutions2 and 7ii7 to increase the retention and graduation rates of students pursuing degrees in such fields at such institutions4 7,b7 ,types of programs covered ,grants awarded under this paragraph shall be awarded to-- 7i7 minority-serving institutions of higher education for-- 7,i7 activities to improve courses and curriculum in science1 technology1 engineering1 and mathematics2 7,,ii7 efforts to promote gender equality among students enrolled in such courses2 7,,iii7 faculty development2 7,,iv7 stipends for undergraduate students participating in research2 and 7,v7 other activities consistent with subparagraph 7,a71 as determined by the ,secretary of ,education2 and 7ii7 to other institutions of higher education to partner with the institutions described in clause 7i7 for-- 7,i7 faculty and student development and exchange2 7,,ii7 research infrastructure development2 7,,iii7 joint research projects2 and 7,,iv7 identification and development of minority and low-income candidates for graduate studies in science1 technology1 engineering1 and mathematics degree programs4 7,c7 ,institutions included ,in this paragraph1 the term institutions shall include-- 7i7 colleges eligible to receive funds under the ,act of ,august #cj1 #ahij 7#g ,u4,s4,c4 #cba-cbf;a and #cbh71 including ,tuskegee ,university2 7ii7 #aiid ,institutions1 as defined in section #ecb of the ,equity in ,educational ,land-,grant ,status ,act of #aiid 7#g ,u4,s4,c4 #cja note72 7iii7 part ,b institutions 7as defined in section #cbb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfa772 and 7iv7 ,hispanic-serving institutions1 as defined in section #ejb7;a77#e7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aaja;a7a77#e774 7,d7 ,granting of bonding authority ,a recipient of a grant awarded under this paragraph is authorized to utilize such funds for the issuance of bonds to fund research infrastructure development4 7,e7 ,loan forgiveness ,the ,director may expend funds from the allocation under this paragraph for purposes of loan forgiveness or repayment of student loans which led to a low-income student obtaining a degree in science1 technology1 engineering1 mathematics1 or other high demand fields4 7#e7 ,workforce investment ,the ,secretary of ,education shall allocate #e percent of the amounts deposited into the ,,stem ,education and ,training ,account to the ,secretary of ,labor until expended for statewide workforce investment activities that may also benefit veterans and their spouses1 including youth activities and statewide employment and training and activities for adults and dislocated workers described in section #abh7;a7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhec7;a771 and the development of licensing and credentialing programs4 7#f7 ,american dream accounts ,the ,secretary of ,education shall allocate #c percent of the amounts deposited into the ,,stem ,education and ,training ,account to award grants1 on a competitive basis1 to eligible entities to enable such eligible entities to establish and administer ,american ,dream ,accounts under section #dajd7;e7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif4 7#g7 ,administration expenses ,the ,secretary of ,education may expend up to #b percent of the amounts deposited into the ,,stem ,education and ,training ,account for administrative expenses1 including conducting an annual evaluation of the implementation and impact of the activities funded by the ,,stem ,education and ,training ,account as required under section #dajd7;c77#c7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 4 7d7 ,,stem education grants 7#a7 ,application process 7,a7 ,in general ,each ,governor and ,chief ,state ,school ,officer desiring an allocation from the ,,stem ,education and ,training ,account under section #bhf7w77#c7 of the ,immigration and ,nationality ,act1 as added by subsection 7b71 shall jointly submit a plan1 including a proposed budget1 signed by the ,governor and ,chief ,state ,school ,officer1 to the ,secretary of ,education at such time1 in such form1 and including such information as the ,secretary of ,education may prescribe pursuant to subparagraph 7,b74 ,the plan shall describe how the ,state plans to improve ,,stem education to meet the needs of students and employers in the ,state4 7,b7 ,rulemaking ,the ,secretary of ,education shall issue a rule1 through a rulemaking procedure that complies with section #eec of title #e1 ,united ,states ,code1 prescribing the information that should be included in the ,state plans submitted under subparagraph 7,a74 7#b7 ,allowable activities ,a ,state1 district1 or territory that receives funding from the ,,stem ,education and ,training ,account may use such funding to develop and implement science1 technology1 engineering1 and mathematics 7,,stem7 activities to serve students1 including students of underrepresented groups such as minorities1 economically disadvantaged1 and females by-- 7,a7 strengthening the ,state's ,,stem academic achievement standards2 7,b7 implementing strategies for the recruitment1 training1 placement1 and retention of teachers in ,,stem fields1 including computer science2 7,c7 carrying out initiatives designed to assist students in succeeding and graduating from postsecondary ,,stem programs2 7,d7 improving the availability and access to ,,stem-related worker training programs1 including community college courses and programs2 7,e7 forming partnerships with higher education1 economic development1 workforce1 industry1 and local educational agencies2 or 7,f7 engaging in other activities1 as determined by the ,state1 in consultation with businesses and ,state agencies1 to improve ,,stem education4 7#c7 ,national evaluation 7,a7 ,in general ,using amounts allocated under section #bhf7w77#g7 of the ,immigration and ,nationality ,act1 as added by subsection 7b71 the ,secretary of ,education shall conduct1 directly or through a grant or contract1 an annual evaluation of the implementation and impact of the activities funded by the ,,stem ,education and ,training ,account4 7,b7 ,annual ,report ,the ,secretary shall submit a report describing the results of each evaluation conducted under subparagraph 7,a7 to-- 7i7 the ,president2 7ii7 the ,committee on the ,judiciary of the ,senate2 7iii7 the ,committee on the ,judiciary of the ,house of ,representatives2 7iv7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 and 7v7 the ,committee on ,education and the ,workforce of the ,house of ,representatives4 7,c7 ,dissemination ,the ,secretary shall make the findings of the evaluation widely available to educators1 the business community1 and the public4 7#d7 ,rule of construction ,nothing in this subsection may be construed to permit the ,secretary of ,education or any other ,federal official to approve the content or academic achievement standards of a ,state4 7e7 ,american ,dream ,accounts 7#a7 ,definitions ,in this subsection3 7,a7 ,american dream account ,the term ,american ,dream ,account means a personal online account for low-income students that monitors higher education readiness and includes a college savings account4 7,b7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7i7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 7ii7 the ,committee on ,appropriations of the ,senate2 7iii7 the ,committee on ,finance of the ,senate2 7iv7 the ,committee on ,education and the ,workforce of the ,house of ,representatives2 7v7 the ,committee on ,appropriations of the ,house of ,representatives2 7vi7 the ,committee on ,ways and ,means of the ,house of ,representatives2 and 7vii7 any other committee of the ,senate or ,house of ,representatives that the ,secretary determines appropriate4 7,c7 ,college savings account ,the term college savings account means a savings account that-- 7i7 provides some tax-preferred accumulation2 7ii7 is widely available 7such as ,qualified ,tuition ,programs under section #ebi of the ,internal ,revenue ,code of #aihf or ,coverdell ,education ,savings ,accounts under section #ecj of the ,internal ,revenue ,code of #aihf72 and 7iii7 contains funds that may be used only for the costs associated with attending an institution of higher education1 including-- 7,i7 tuition and fees2 7,,ii7 room and board2 7,,iii7 textbooks2 7,,iv7 supplies and equipment2 and 7,v7 internet access4 7,d7 ,dual enrollment program ,the term dual enrollment program means an academic program through which a secondary school student is able simultaneously to earn credit toward a secondary school diploma and a postsecondary degree or credential4 7,e7 ,eligible ,entity ,the term eligible entity means-- 7i7 a ,state educational agency2 7ii7 a local educational agency2 7iii7 a charter school or charter management organization2 7iv7 an institution of higher education2 7v7 a nonprofit organization2 7vi7 an entity with demonstrated experience in educational savings or in assisting low-income students to prepare for1 and attend1 an institution of higher education2 or 7vii7 a consortium of #b or more of the entities described in clause 7i7 through 7vi74 7,f7 ,,esea definitions ,the terms local educational agency1 parent1 and ,state educational agency have the meanings given the terms in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7 and the term charter school has the meaning given the term in section #ebaj of such ,act4 7,g7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 7,h7 ,low-income student ,the term low-income student means a student who is eligible to receive a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq474 7#b7 ,grant program 7,a7 ,program authorized ,the ,secretary of ,education is authorized to award grants1 on a competitive basis1 to eligible entities to enable such eligible entities to establish and administer ,american ,dream ,accounts for a group of low-income students4 7,b7 ,reservation ,from the amount made available each fiscal year to carry out this section under section #bhf7w77#f7 of the ,immigration and ,nationality ,act1 the ,secretary of ,education shall reserve not more than #e percent of such amount to carry out the evaluation activities described in paragraph 7#e77;,a74 7,c7 ,duration ,a grant awarded under this subsection shall be for a period of not more than #c years4 ,the ,secretary of ,education may extend such grant for an additional #b-year period if the ,secretary of ,education determines that the eligible entity has demonstrated significant progress1 based on the factors described in paragraph 7#c77;,b77xi74 7#c7 ,applications2 priority 7,a7 ,in general ,each eligible entity desiring a grant under this subsection shall submit an application to the ,secretary of ,education at such time1 in such manner1 and containing such information as the ,secretary of ,education may require4 7,b7 ,contents ,the application described in subparagraph 7,a7 shall include-- 7i7 a description of the characteristics of a group of not less than #cj low-income public school students who-- 7,i7 are1 at the time of the application1 attending a grade not higher than grade #i2 and 7,,ii7 will1 under the grant1 receive an ,american ,dream ,account2 7ii7 a description of how the eligible entity will engage1 and provide support 7such as tutoring and mentoring for students1 and training for teachers and other stakeholders7 either online or in person1 to-- 7,i7 the students in the group described in clause 7i72 7,,ii7 the family members and teachers of such students2 and 7,,iii7 other stakeholders such as school administrators and school counselors2 7iii7 an identification of partners who will assist the eligible entity in establishing and sustaining ,american ,dream ,accounts2 7iv7 a description of what experience the eligible entity or the eligible entity's partners have in managing college savings accounts1 preparing low-income students for postsecondary education1 managing online systems1 and teaching financial literacy2 7v7 a description of how the eligible entity will help increase the value of the college savings account portion of each ,american ,dream ,account1 such as by providing matching funds or incentives for academic achievement2 7vi7 a description of how the eligible entity will notify each participating student in the group described in subparagraph 7,a71 on a semiannual basis1 of the current balance and status of the student's college savings account portion of the student's ,american ,dream ,account2 7vii7 a plan that describes how the eligible entity will monitor participating students in the group described in clause 7i7 to ensure that each student's ,american ,dream ,account will be maintained if a student in such group changes schools before graduating from secondary school2 7viii7 a plan that describes how the ,american ,dream ,accounts will be managed for not less than #a year after a majority of the students in the group described in clause 7i7 graduate from secondary school2 7ix7 a description of how the eligible entity will encourage students in the group described in clause 7i7 who fail to graduate from secondary school to continue their education2 7x7 a description of how the eligible entity will evaluate the grant program1 including by collecting1 as applicable1 data about the students in the group described in clause 7i7 during the grant period1 and1 if sufficient grant funds are available1 after the grant period1 including 7,i7 attendance rates2 7,,ii7 progress reports2 7,,iii7 grades and course selections2 7,,iv7 the student graduation rate 7as defined in section #aaaa 7b77#b77;,c77vi7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa7;b77#b77;,c77vi7772 7,v7 rates of student completion of the ,free ,application for ,federal ,student ,aid described in section #dhc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajij72 7,,vi7 rates of enrollment in an institution of higher education2 and 7,,vii7 rates of completion at an institution of higher education2 7xi7 a description of what will happen to the funds in the college savings account portion of the ,american ,dream ,accounts that are dedicated to participating students described in clause 7i7 who have not matriculated at an institution of higher education at the time of the conclusion of the period of ,american ,dream ,account management described in clause 7viii72 7xii7 a description of how the eligible entity will ensure that funds in the college savings account portion of the ,american ,dream ,accounts will not make families ineligible for public assistance2 and 7xiii7 a description of how the eligible entity will ensure that participating students described in clause 7i7 will have access to the ,internet2 7,c7 ,priority ,in awarding grants under this subsection1 the ,secretary of ,education shall give priority to applications from eligible entities that-- 7i7 are described in paragraph 7#a77;,e77vii72 7ii7 serve the largest number of low-income students2 7iii7 emphasize preparing students to pursue careers in science1 technology1 engineering1 or mathematics2 or 7iv7 in the case of an eligible entity described in clause 7i7 or 7ii7 of paragraph 7#a77;,e71 provide opportunities for participating students described in clause 7i7 to participate in a dual enrollment program at no cost to the student4 7#d7 ,authorized activities 7,a7 ,in general ,an eligible entity that receives a grant under this subsection shall use such grant funds to establish an ,american ,dream ,account for each participating student described in paragraph 7#c77;,b77i71 which will be used to-- 7i7 open a college savings account for such student2 7ii7 monitor the progress of such student online1 which-- 7,i7 shall include monitoring student data relating to-- 7aa7 grades and course selections2 7bb7 progress reports2 and 7cc7 attendance and disciplinary records2 and 7,,ii7 may also include monitoring student data relating to a broad range of information1 provided by teachers and family members1 related to postsecondary education readiness1 access1 and completion2 7iii7 provide opportunities for such students1 either online or in person1 to learn about financial literacy1 including by-- 7,i7 assisting such students in financial planning for enrollment in an institution of higher education2 and 7,,ii7 assisting such students in identifying and applying for financial aid 7such as loans1 grants1 and scholarships7 for an institution of higher education2 7iv7 provide opportunities for such students1 either online or in person1 to learn about preparing for enrollment in an institution of higher education1 including by providing instruction to students about-- 7,i7 choosing the appropriate courses to prepare for postsecondary education2 7,,ii7 applying to an institution of higher education2 7,,iii7 building a student portfolio1 which may be used when applying to an institution of higher education2 7,,iv7 selecting an institution of higher education2 7,v7 choosing a major for the student's postsecondary program of education or a career path1 including specific instruction on pursuing science1 technology1 engineering1 and mathematics majors2 and 7,,vi7 adapting to life at an institution of higher education2 and 7v7 provide opportunities for such students1 either online or in person1 to identify skills or interests1 including career interests4 7,b7 ,access to american dream account 7i7 ,in general ,subject to clause 7iii7 and 7iv71 and in accordance with applicable ,federal laws and regulations relating to privacy of information and the privacy of children1 an eligible entity that receives a grant under this subsection shall allow vested stakeholders described in clause 7ii71 to have secure access1 through the ,internet1 to an ,american ,dream ,account4 7ii7 ,vested stakeholders ,the vested stakeholders that an eligible entity shall permit to access an ,american ,dream ,account are individuals 7such as the student's teachers1 school counselors1 counselors at an institution of higher education1 school administrators1 or other individuals7 that are designated1 in accordance with the ,family ,educational ,rights and ,privacy ,act of #aigd 7#bj ,u4,s4,c4 #abcb;g71 by the parent of a participating student in whose name such ,american ,dream ,account is held1 as having permission to access the account4 ,a student's parent may withdraw such designation from an individual at any time4 7iii7 ,exception for college savings account ,an eligible entity that receives a grant under this subsection shall not be required to give vested stakeholders described in clause 7ii71 access to the college savings account portion of a student's ,american ,dream ,account4 7iv7 ,adult students ,notwithstanding clause 7i7 through 7iii71 if a participating student is age #ah or older1 an eligible entity that receives a grant under this subsection shall not provide access to such participating student's ,american ,dream ,account without the student's consent1 in accordance with the ,family ,educational ,rights and ,privacy ,act of #aigd 7#bj ,u4,s4,c4 #abcb;g74 7v7 ,input of student information ,student data collected pursuant to subparagraph 7,a77ii77,i7 may only be entered into an ,american ,dream ,account by a school administrator or such administrator's designee4 7,c7 ,prohibition on use of student information ,an eligible entity that receives a grant under this subsection may not use any student-level information or data for the purpose of soliciting1 advertising1 or marketing any financial or nonfinancial consumer product or service that is offered by such eligible entity1 or on behalf of any other person4 7,d7 ,limitation on the use of grant funds ,an eligible entity shall not use more than #be percent of the grant funds provided under this subsection to provide the initial deposit into a college savings account portion of a student's ,american ,dream ,account4 7#e7 ,reports and evaluations 7,a7 ,in general ,not later than #a year after the ,secretary of ,education has disbursed grants under this subsection1 and annually thereafter1 the ,secretary of ,education shall prepare and submit a report to the appropriate committees of ,congress that includes an evaluation of the effectiveness of the grant program established under this subsection4 7,b7 ,contents ,the report described in subparagraph 7,a7 shall-- 7i7 list the grants that have been awarded under paragraph 7#b77;,a72 7ii7 include the number of students who have an ,american ,dream ,account established through a grant awarded under paragraph 7#b77;,a72 7iii7 provide data 7including the interest accrued on college savings accounts that are part of an ,american ,dream ,account7 in the aggregate1 regarding students who have an ,american ,dream ,account established through a grant awarded under paragraph 7#b77;,a71 as compared to similarly situated students who do not have an ,american ,dream ,account2 7iv7 identify best practices developed by the eligible entities receiving grants under this subsection2 7v7 identify any issues related to student privacy and stakeholder accessibility to ,american ,dream ,accounts2 7vi7 provide feedback from participating students and the parents of such students about the grant program1 including-- 7,i7 the impact of the program2 7,,ii7 aspects of the program that are successful2 7,,iii7 aspects of the program that are not successful2 and 7,,iv7 any other data required by the ,secretary of ,education2 and 7vii7 provide recommendations for expanding the ,american ,dream ,accounts program4 7#f7 ,eligibility to receive federal student financial aid ,notwithstanding any other provision of law1 any funds that are in the college savings account portion of a student's ,american ,dream ,account shall not affect such student's eligibility to receive ,federal student financial aid1 including any ,federal student financial aid under the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja71 and shall not be considered in determining the amount of any such ,federal student aid4 7f7 ,conforming amendment ,section #dhj7;j7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgvv7j77 is amended by adding at the end the following3 7#e7 ,notwithstanding paragraph 7#a71 amounts made available under the college savings account portion of an ,american ,dream ,account under section #daje7;e77#d7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif shall not be treated as estimated financial assistance for purposes of section #dga7c74 4 #daje4 ,h-#a;,b and ,l ,visa fees ,section #bha 7#h ,u4,s4,c4 #acea7 is amended-- 7#a7 by striking ,the fees and inserting the following3 7a7 ,in general ,the fees 2 7#b7 by striking 3 ,provided1 ,that nonimmigrant visas and inserting the following3 84 7b7 ,united ,nations visitors ,nonimmigrant visas 2 7#c7 by striking ,subject to and inserting the following3 7c7 ,fee waivers or reductions ,subject to 2 and 7#d7 by adding at the end the following3 7d7 ,h-#a;,b and ,l ,visa fees ,in addition to the fees authorized under subsection 7a71 the ,secretary of ,homeland ,security shall collect1 from each employer 7except for nonprofit research institutions and nonprofit educational institutions7 filing a petition to hire nonimmigrants described in subparagraph 7,h77i77,b7 or 7,l7 of section #aja7;a77#ae71 a fee in an amount equal to-- 7#a7 #a1bej for each such petition filed by any employer with not more than #be full-time equivalent employees in the ,united ,states2 and 7#b7 #b1ejj for each such petition filed by any employer with more than #be such employees4 4 ,b ,h-#a;,b visa fraud and abuse protections #a ,h-#a;,b ,employer ,application ,requirements #dbaa4 ,modification of application requirements 7a7 ,general application requirements 7#a7 ,wage rates ,section #bab7n77#a77;,a7 7#h ,u4,s4,c4 #aahb7n77#a77;,a77 is amended-- 7,a7 in clause 7i7-- 7i7 in the matter preceding subclause 7,i71 by inserting if the employer is not an ,h-#a;,b-dependent employer1 before is offering2 7ii7 in subclause 7,i71 by striking question1 or and inserting question2 or2 7iii7 in subclause 7,,ii71 by striking employment1 and inserting employment2 and 7iv7 in the undesignated material following subclause 7,,ii71 by striking application1 and and inserting application22 and 7,b7 by striking clause 7ii7 and inserting the following3 7ii7 if the employer is an ,h-#a;,b-dependent employer1 is offering and will offer to ,h-#a;,b nonimmigrants1 during the period of authorized employment for each ,h-#a;,b nonimmigrant1 wages that are not less than the level #b wages set out in subsection 7p72 and 7iii7 will provide working conditions for ,h-#a;,b nonimmigrants that will not adversely affect the working conditions of other workers similarly employed4 4 7#b7 ,strengthening the prevailing wage system ,section #bab7p7 7#h ,u4,s4,c4 #aahb7p77 is amended to read as follows3 7p7 ,computation of prevailing wage level 7#a7 ,in general 7,a7 ,surveys ,for employers of nonimmigrants admitted pursuant to section #aja7;a77#ae77;,h77i77b71 the ,secretary of ,labor shall make available to employers a governmental survey to determine the prevailing wage for each occupational classification by metropolitan statistical area in the ,united ,states4 ,such survey1 or other survey approved by the ,secretary of ,labor1 shall provide #c levels of wages commensurate with experience1 education1 and level of supervision4 ,such wage levels shall be determined as follows3 7i7 ,the first level shall be the mean of the lowest two-thirds of wages surveyed1 but in no case less than #hj percent of the mean of the wages surveyed4 7ii7 ,the second level shall be the mean of wages surveyed4 7iii7 ,the third level shall be the mean of the highest two-thirds of wages surveyed4 7,b7 ,educational1 ,nonprofit1 research1 and governmental entities ,in computing the prevailing wage level for an occupational classification in an area of employment for purposes of section #bjc7;b77#a77;,d7 and subsections 7a77#e77;,a71 7n77#a77;,a77i77,,ii71 and 7t77#a77;,a77i77,,ii7 of this section in the case of an employee of-- 7i7 an institution of higher education1 or a related or affiliated nonprofit entity2 or 7ii7 a nonprofit research organization or a governmental research organization2 the prevailing wage level shall only take into account employees at such institutions and organizations in the area of employment4 7#b7 ,payment of prevailing wage ,the prevailing wage level required to be paid pursuant to section #bjc7;b77#a77;,d7 and subsections 7a77#e77;,a71 7n77#a77;,a77i77,,ii71 and 7t77#a77;,a77i77,,ii7 of this section shall be #ajj percent of the wage level determined pursuant to those sections4 7#c7 ,professional athlete ,with respect to a professional athlete 7as defined in subsection 7a77#e77;,a77iii77,,ii77 when the job opportunity is covered by professional sports league rules or regulations1 the wage set forth in those rules or regulations shall be considered as not adversely affecting the wages of ,united ,states workers similarly employed and shall be considered the prevailing wage4 7#d7 ,wages for ,h-#b;,b employees 7,a7 ,in general ,the wages paid to ,h-#b;,b nonimmigrants employed by the employer will be the greater of-- 7i7 the actual wage level paid by the employer to other employees with similar experience and qualifications for such position2 or 7ii7 the prevailing wage level for the occupational classification of the position in the geographic area of the employment1 based on the best information available as of the time of filing the application4 7,b7 ,best information available ,in subparagraph 7,a71 the term best information available1 with respect to determining the prevailing wage for a position1 means-- 7i7 a controlling collective bargaining agreement or ,federal contract wage1 if applicable2 7ii7 if there is no applicable wage under clause 7i71 the wage level commensurate with the experience1 training1 and supervision required for the job based on ,bureau of ,labor ,statistics data2 or 7iii7 if the data referred to in clause 7ii7 is not available1 a legitimate and recent private survey of the wages paid for such positions in the metropolitan statistical area4 4 7#c7 ,wages for educational1 nonprofit1 research1 and governmental entities ,section #bab 7#h ,u4,s4,c4 #aahb71 as amended by sections #bcab and #bcac1 is further amended by adding at the end the following3 7x7 ,determination of prevailing wage ,in the case of a nonprofit institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7771 a related or affiliated nonprofit entity1 a nonprofit research organization1 or a governmental research organization1 the ,secretary of ,labor shall determine such wage levels as follows3 7#a7 ,if the ,secretary of ,labor uses1 or makes available to employers1 a governmental survey to determine the prevailing wage1 such survey shall provide at least #d levels of wages commensurate with experience1 education1 and the level of supervision4 7#b7 ,if an existing government survey has only #b levels1 #b intermediate levels may be created by dividing by #c1 the difference between the #b levels offered1 adding the quotient thus obtained to the first level and subtracting that quotient from the second level4 7#c7 ,for institutions of higher education1 only teaching positions and research positions may be paid using this special educational wage level4 7#d7 ,in computing the prevailing wage level for an occupational classification in an area of employment for purposes of subsections 7a77#e77;,a71 7n77#a77;,a77i77,,ii71 and 7t77#a77;,a77i77,,ii7 and section #bjc7;b77#a77;,d7 for an employee of an institution of higher education1 or a related or affiliated nonprofit entity or a nonprofit research organization or a governmental research organization1 the prevailing wage level shall only take into account employees at such institutions and organizations in the area of employment4 4 7b7 ,internet posting requirement ,section #bab7n77#a77;,c7 7#h ,u4,s4,c4 #aahb7n77#a77;,c77 is amended-- 7#a7 by redesignating clause 7ii7 as subclause 7,,ii72 7#b7 by striking 7i7 has provided and inserting the following3 7ii7 7,i7 has provided 2 7#c7 by striking sought1 or and inserting sought2 or2 and 7#d7 by inserting before clause 7ii71 as redesignated by paragraph 7#b71 the following3 7i7 has advertised on the ,internet website maintained by the ,secretary of ,labor for the purpose of such advertising1 for at least #cj calendar days1 a detailed description of each position for which a nonimmigrant is sought that includes a description of-- 7,i7 the wage ranges and other terms and conditions of employment2 7,,ii7 the minimum education1 training1 experience1 and other requirements for the position2 7,,iii7 the process for applying for the position2 7,,iv7 the title and description of the position1 including the location where the work will be performed2 and 7,v7 the name1 city1 and zip code of the employer2 and 4 7c7 ,application of requirements to all employers 7#a7 ,nondisplacement ,section #bab7n77#a77;,e7 7#h ,u4,s4,c4 #aahb7n77#a77;,e77 is amended to read as follows3 7,e7 7i7 7,i7 ,in the case of an application filed by an employer that is an ,h-#a;,b skilled worker dependent employer1 and is not an ,h-#a;,b dependent employer1 the employer did not displace and will not displace a ,united ,states worker employed by the employer during the period beginning #ij days before the date on which a visa petition supported by the application is filed and ending #ij days after such filing4 7,,ii7 ,an employer that is not an ,h-#a;,b skilled worker dependent employer shall not be subject to subclause 7,i7 unless-- 7aa7 the employer is filing the ,h-#a;,b petition with the intent or purpose of displacing a specific ,united ,states worker from the position to be occupied by the beneficiary of the petition2 or 7bb7 workers are displaced who-- 7,,aa7 provide services1 in whole or in part1 at #a or more worksites owned1 operated1 or controlled by a ,federal1 ,state1 or local government entity1 other than a public institution of higher education1 that directs and controls the work of the ,h-#a;,b worker2 or 7,,bb7 are employed as public school kindergarten1 elementary1 middle school1 or secondary school teachers4 7ii7 7,i7 ,in the case of an application filed by an ,h-#a;,b-dependent employer1 the employer did not displace and will not displace a ,united ,states worker employed by the employer within the period beginning #ahj days before the date on which a visa petition supported by the application is filed and ending #ahj days after such filing4 7,,ii7 ,an application described in this clause is an application filed on or after the date final regulations are first promulgated to carry out this subparagraph1 and before by an ,h-#a;,b-dependent employer 7as defined in paragraph 7#c77 or by an employer that has been found1 on or after the date of the enactment of the ,american ,competitiveness and ,workforce ,improvement ,act of #aiih1 under paragraph 7#b77;,c7 or 7#e7 to have committed a willful failure or misrepresentation during the #e-year period preceding the filing of the application4 7iii7 ,in this subparagraph1 the term job zone means a zone assigned to an occupation by-- 7,i7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of this ,act2 or 7,,ii7 such database or a similar successor database1 as designated by the ,secretary of ,labor1 after the date of the enactment of ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 4 7#b7 ,recruitment ,section #bab7n77#a77;,g7 7#h ,u4,s4,c4 #aahb7n77#a77;,g77 is amended to read as follows3 7,g7 ,an employer1 prior to filing the application-- 7i7 has taken good faith steps to recruit ,united ,states workers for the occupational classification for which the nonimmigrant or nonimmigrants is or are sought1 using procedures that meet industry-wide standards and offering compensation that is at least as great as that required to be offered to ,h-#a;,b nonimmigrants under subparagraph 7,a72 7ii7 has advertised the job on an ,internet website maintained by the ,secretary of ,labor for the purpose of such advertising2 and 7iii7 if the employer is an ,h-#a;,b skilled worker dependent employer1 has offered the job to any ,united ,states worker who applies and is equally or better qualified for the job for which the nonimmigrant or nonimmigrants is or are sought4 4 7d7 ,outplacement ,section #bab7n77#a77;,f7 7#h ,u4,s4,c4 #aahb7n77#a77;,f77 is amended to read as follows3 7,f7 7i7 ,an ,h-#a;,b-dependent employer may not place1 outsource1 lease1 or otherwise contract for the services or placement of an ,h-#a;,b nonimmigrant employee4 7ii7 ,an employer that is not an ,h-#a;,b-dependent employer and not described in paragraph 7#c77;,a77i7 may not place1 outsource1 lease1 or otherwise contract for the services or placement of an ,h-#a;,b nonimmigrant employee unless the employer pays a fee of #ejj per outplaced worker4 7iii7 ,a fee collected under clause 7ii7 shall be deposited in the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7iv7 ,an ,h-#a;,b dependent employer shall be exempt from the prohibition on outplacement under clause 7i7 if the employer is a nonprofit institution of higher education1 a nonprofit research organization1 or primarily a health care business and is petitioning for a physician1 a nurse1 or a physical therapist or a substantially equivalent health care occupation4 ,such employer shall be subject to the fee set forth in clause 7ii74 4 7e7 ,h-#a;,b-dependent employer defined ,section #bab7n77#c7 7#h ,u4,s4,c4 #aahb7n77#c77 is amended to read as follows3 7#c7 7,a7 ,the term ,h-#a;,b-dependent employer means an employer 7other than nonprofit education and research institutions7 that-- 7i7 in the case of an employer that has #be or fewer full-time equivalent employees who are employed in the ,united ,states1 employs more than #g ,h-#a;,b nonimmigrants2 7ii7 in the case of an employer that has at least #bf but not more than #ej full-time equivalent employees who are employed in the ,united ,states1 employs more than #ab ,h-#a;,b nonimmigrants2 or 7iii7 in the case of an employer that has at least #ea full-time equivalent employees who are employed in the ,united ,states1 employs ,h-#a;,b nonimmigrants in a number that is equal to at least #ae percent of the number of such full-time equivalent employees4 7,b7 ,in determining the number of employees who are ,h-#a;,b nonimmigrants under subparagraph 7,a77ii71 an intending immigrant employee shall not count toward such number4 4 7f7 ,h-#a;,b skilled worker dependent defined ,section #bab7n77#c7 7#h ,u4,s4,c4 #aahb7n77#c77 is amended-- 7#a7 by redesignating subparagraph 7,b7 as subparagraph 7,d72 and 7#b7 by inserting after subparagraph 7,a7 the following3 7,b7 7i7 ,for purposes of this subsection1 an ,h-#a;,b skilled worker dependent employer means an employer 7other than nonprofit education and research institutions7 that employs ,h-#a;,b nonimmigrants in the ,united ,states in a number that in total is equal to at least #ae percent of the number of its full-time equivalent employees in the ,united ,states employed in occupations contained within ,occupational ,information ,network ,database 7,o99,,net7 ,job ,zone #d and ,job ,zone #e4 7ii7 ,an ,h-#a;,b nonimmigrant who is an intending immigrant shall be counted as a ,united ,states worker in making a determination under clause 7i74 4 7g7 ,intending immigrants defined ,section #aja7;a7 7#h ,u4,s4,c4 #aaja7;a771 as amended by section #cejd7;a71 is further amended by adding at the end the following3 7#ed7 7,a7 ,the term intending immigrant means1 with respect to the number of aliens employed by an employer1 an alien who intends to work and reside permanently in the ,united ,states1 as evidenced by-- 7i7 a pending or approved application for a labor certification filed for such alien by a covered employer2 or 7ii7 a pending or approved immigrant status petition filed for such alien by a covered employer4 7,b7 ,in this paragraph3 7i7 ,the term covered employer means an employer that has filed immigrant status petitions for not less than #ij percent of current employees who were the beneficiaries of applications for labor certification that were approved during the #a-year period ending #f months before the filing of an application or petition for which the number of intending immigrants is relevant4 7ii7 ,the term immigrant status petition means a petition filed under paragraph 7#a71 7#b71 or 7#c7 of section #bjc7;b74 7iii7 ,the term labor certification means an employment certification under section #bab7;a77#e77;,a74 7,c7 ,notwithstanding any other provision of law-- 7i7 for all calculations under this ,act1 of the number of aliens admitted pursuant to subparagraph 7,h77i77b7 or 7,l7 of paragraph 7#ae71 an intending immigrant shall be counted as an alien lawfully admitted for permanent residence and shall not be counted as an employee admitted pursuant to such a subparagraph2 and 7ii7 for all determinations of the number of employees or ,united ,states workers employed by an employer1 all of the employees in any group treated as a single employer under subsection 7b71 7c71 7m71 or 7o7 of section #dad of the ,internal ,revenue ,code of #aihf shall be counted4 4 #dbab4 ,requirements for admission of nonimmigrant nurses in health professional shortage areas 7a7 ,extension of period of authorized admission ,section #bab7m77#c7 7#h ,u4,s4,c4 #aahb7m77#c77 is amended to read as follows3 7#c7 ,the initial period of authorized admission as a nonimmigrant under section #aja7;a77#ae77;,h77i77c7 shall be #c years1 and may be extended once for an additional #c-year period4 4 7b7 ,number of visas ,section #bab7m77#d7 7#h ,u4,s4,c4 #aahb7m77#d77 is amended by striking #ejj4 and inserting #cjj44 7c7 ,portability ,section #bad7n7 7#h ,u4,s4,c4 #aahd7n771 as amended by section #dajc7;b71 is further amended by adding at the end the following3 7#d7 7,a7 ,a nonimmigrant alien described in subparagraph 7,b7 who was previously issued a visa or otherwise provided nonimmigrant status under section #aja7;a77#ae77;,h77i77c7 is authorized to accept new employment performing services as a registered nurse for a facility described in section #bab7m77#f7 upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection 7c74 ,employment authorization shall continue for such alien until the new petition is adjudicated4 ,if the new petition is denied1 such authorization shall cease4 7,b7 ,a nonimmigrant alien described in this paragraph is a nonimmigrant alien-- 7i7 who has been lawfully admitted into the ,united ,states2 7ii7 on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the ,secretary of ,homeland ,security1 except that1 if a nonimmigrant described in section #aja7;a77#ae77;,h77i77c7 is terminated or laid off by the nonimmigrant's employer1 or otherwise ceases employment with the employer1 such petition for new employment shall be filed during the #fj-;day period beginning on the date of such termination1 lay off1 or cessation2 and 7iii7 who1 subsequent to such lawful admission1 has not been employed without authorization in the ,united ,states before the filing of such petition4 4 7d7 ,applicability 7#a7 ,in general ,beginning on the commencement date described in paragraph 7#b71 the amendments made by section #b of the ,nursing ,relief for ,disadvantaged ,areas ,act of #aiii 7,public ,law #ajf-ie2 #aac ,stat4 #acac71 and the amendments made by this section1 shall apply to classification petitions filed for nonimmigrant status4 ,this period shall be in addition to the period described in section #b7;e7 of the ,nursing ,relief for ,disadvantaged ,areas ,act of #aiii 7#h ,u4,s4,c4 #aahb note74 7#b7 ,commencement date ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary shall determine whether regulations are necessary to implement the amendments made by this section4 ,if the ,secretary determines that no such regulations are necessary1 the commencement date described in this paragraph shall be the date of such determination4 ,if the ,secretary determines that regulations are necessary to implement any amendment made by this section1 the commencement date described in this paragraph shall be the date on which such regulations 7in final form7 take effect4 #dbac4 ,new application requirements ,section #bab7n77#a7 7#h ,u4,s4,c4 #aahb7n77#a77 is amended by inserting after clause 7iii7 of subparagraph 7,g71 as amended by section #dbaa7;c77#b71 the following3 7,h7 7i7 ,the employer has not advertised any available position specified in the application in an advertisement that states or indicates that-- 7,i7 such position is only available to an individual who is or will be an ,h-#a;,b nonimmigrant or an alien participating in optional practical training pursuant to section #aja7;a77#ae77;,f77i72 or 7,,ii7 an individual who is or will be an ,h-#a;,b nonimmigrant or participant in such optional practical training shall receive priority or a preference in the hiring process for such position4 7ii7 ,the employer has not solely recruited individuals who are or who will be ,h-#a;,b nonimmigrants or participants in optional practical training pursuant to section #aja7;a77#ae77;,f77i7 to fill such position4 7,i7 7i7 ,if the employer 7other than an educational or research employer7 employs #ej or more employees in the ,united ,states1 the sum of the number of such employees who are ,h-#a;,b nonimmigrants plus the number of such employees who are nonimmigrants described in section #aja7;a77#ae77,l7 may not exceed-- 7,i7 #ge percent of the total number of employees1 for fiscal year #bjae2 7,,ii7 #fe percent of the total number of employees1 for fiscal year #bjaf2 and 7,,iii7 #ej percent of the total number of employees1 for each fiscal year after fiscal year #bjaf4 7ii7 ,in this subparagraph3 7,i7 ,the term educational or research employer means an employer that is a nonprofit institution of higher education or a nonprofit research organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under #eja7;a7 of that ,code4 7,,ii7 ,the term ,h-#a;,b nonimmigrant means an alien admitted as a nonimmigrant pursuant to section #aja7;a77#ae77;,h77i77b74 7,,iii7 ,the term ,l nonimmigrant means an alien admitted as a nonimmigrant pursuant to section #aja7;a77#ae77,l7 to provide services to his or her employer involving specialized knowledge4 7iii7 ,in determining the percentage of employees of an employer that are ,h-#a;,b nonimmigrants or ,l nonimmigrants under clause 7i71 an intending immigrant employee shall not count toward such percentage4 7,j7 ,the employer shall submit to the ,secretary of ,homeland ,security an annual report that includes the ,internal ,revenue ,service ,form ,w-#b ,wage and ,tax ,statement filed by the employer for each ,h-#a;,b nonimmigrant employed by the employer during the previous year4 4 #dbad4 ,application review requirements 7a7 ,technical amendment ,section #bab7n77#a7 7#h ,u4,s4,c4 #aahb7n77#a771 as amended by section #dbac1 is further amended in the undesignated paragraph at the end1 by striking ,the employer and inserting the following3 7,k7 ,the employer 4 7b7 ,application review requirements ,subparagraph 7,k7 of such section #bab7n77#a71 as designated by subsection 7a71 is amended-- 7#a7 by inserting and through the ,department of ,labor's website1 without charge4 after ,d4,c42 7#b7 by striking only for completeness and inserting for completeness and evidence of fraud or misrepresentation of material fact12 7#c7 by striking or obviously inaccurate and inserting 1 presents evidence of fraud or misrepresentation of material fact1 or is obviously inaccurate2 7#d7 by striking within #g days of the and inserting not later than #ad days after2 and 7#e7 by adding at the end the following3 ,if the ,secretary's review of an application identifies evidence of fraud or misrepresentation of material fact1 the ,secretary may conduct an investigation and hearing in accordance with paragraph 7#b744 7c7 ,filing of petition for nonimmigrant worker ,section #bab7n77#a7 7#h ,u4,s4,c4 #aahb7n77#a771 as amended by section #dbac1 is further amended by adding at the end the following3 7,l7 ,an ,i-#abi ,petition for ,nonimmigrant ,worker 7or similar successor form7-- 7i7 may be filed by an employer with the ,secretary of ,homeland ,security prior to the date the employer receives an approved certification described in section #aja7;a77#ae77;,h77i77b7 from the ,secretary of ,labor2 and 7ii7 may not be approved by the ,secretary of ,homeland ,security until the date such certification is approved4 4 #b ,investigation and ,disposition of ,complaints ,against ,h-#a;,b ,employers #dbba4 ,general modification of procedures for investigation and disposition ,section #bab7n7 7#h ,u4,s4,c4 #aahb7n77 is amended-- 7#a7 in paragraph 7#b77;,a7-- 7,a7 by striking 7,a7 ,subject and inserting 7,a77i7 ,subject2 7,b7 by inserting after the first sentence the following3 ,such process shall include publicizing a dedicated toll-free number and publicly available ,internet website for the submission of such complaints42 7,c7 by striking #ab months and inserting #bd months2 7,d7 by striking the last sentence and inserting the following3 ,the ,secretary shall issue regulations requiring that employers that employ ,h-#a;,b nonimmigrants1 other than nonprofit institutions of higher education and nonprofit research organizations1 through posting of notices or other appropriate means1 inform their employees of such toll-free number and ,internet website and of their right to file complaints pursuant to this paragraph42 and 7,e7 by adding at the end the following3 7ii7 7,i7 ,upon the receipt of such a complaint1 the ,secretary may initiate an investigation to determine if such a failure or misrepresentation has occurred4 7,,ii7 ,the ,secretary may conduct voluntary surveys of the degree to which employers comply with the requirements of this subsection4 7,,iii7 ,the ,secretary shall-- 7aa7 conduct annual compliance audits of each employer with more than #ajj employees who work in the ,united ,states if more than #ae percent of such employees are ,h-#a;,b nonimmigrants2 and 7bb7 make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause4 2 and 7#b7 by adding at the end the following new paragraph3 7#f7 ,report required ,not later than #a year after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 and every #e years thereafter1 the ,inspector ,general of the ,department of ,labor shall submit a report regarding the ,secretary's enforcement of the requirements of this section to the ,committee on the ,judiciary and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on the ,judiciary and the ,committee on ,education and the ,workforce of the ,house of ,representatives4 4 #dbbb4 ,investigation1 working conditions1 and penalties ,subparagraph 7,c7 of section #bab7n77#b7 7#h ,u4,s4,c4 #aahb7n77#b77 is amended-- 7#a7 in clause 7i7-- 7,a7 in the matter preceding subclause 7,i7-- 7i7 by striking a condition of paragraph 7#a77;,b71 7#a77;,e71 or 7#a77;,f7 and inserting a condition under subparagraph 7,a71 7,b71 7,c77i71 7,e71 7,f71 7,g71 7,h71 7,i71 or 7,j7 of paragraph 7#a72 and 7ii7 by striking 7#a77;,c7 and inserting 7#a77;,c77ii72 7,b7 in subclause 7,i7-- 7i7 by striking #a1jjj and inserting #b1jjj2 and 7ii7 by striking and at the end2 7,c7 in subclause 7,,ii71 by striking the period at the end and inserting a semicolon and and2 and 7,d7 by adding at the end the following3 7,,iii7 an employer that violates such subparagraph 7,a7 shall be liable to any employee harmed by such violations for lost wages and benefits4 2 and 7#b7 in clause 7ii7-- 7,a7 in subclause 7,i7-- 7i7 by striking may and inserting shall2 and 7ii7 by striking #e1jjj and inserting #aj1jjj2 7,b7 in subclause 7,,ii71 by striking the period at the end and inserting a semicolon and and2 and 7,c7 by adding at the end the following3 7,,iii7 an employer that violates such subparagraph 7,a7 shall be liable to any employee harmed by such violations for lost wages and benefits4 2 7#c7 in clause 7iii7-- 7,a7 in the matter preceding subclause 7,i71 by striking #ij days both places it appears and inserting #ahj days2 7,b7 in subclause 7,i7-- 7i7 by striking may and inserting shall2 and 7ii7 by striking and at the end2 7,c7 in subclause 7,,ii71 by striking the period at the end and inserting a semicolon and and2 and 7,d7 by adding at the end the following3 7,,iii7 an employer that violates subparagraph 7,a7 of such paragraph shall be liable to any employee harmed by such violations for lost wages and benefits4 2 7#d7 in clause 7iv7-- 7,a7 by inserting to take1 or threaten to take1 a personnel action1 or before to intimidate2 7,b7 by inserting 7,i7 after 7iv72 and 7,c7 by adding at the end the following3 7,,ii7 ,an employer that violates this clause shall be liable to any employee harmed by such violation for lost wages and benefits4 2 and 7#e7 in clause 7vi7-- 7,a7 by amending subclause 7,i7 to read as follows3 7,i7 ,it is a violation of this clause for an employer who has filed an application under this subsection-- 7aa7 to require an ,h-#a;,b nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer 7the ,secretary shall determine whether a required payment is a penalty1 and not liquidated damages1 pursuant to relevant ,state law72 and 7bb7 to fail to offer to an ,h-#a;,b nonimmigrant1 during the nonimmigrant's period of authorized employment1 on the same basis1 and in accordance with the same criteria1 as the employer offers to similarly situated ,united ,states workers1 benefits and eligibility for benefits1 including-- 7,,aa7 the opportunity to participate in health1 life1 disability1 and other insurance plans2 7,,bb7 the opportunity to participate in retirement and savings plans2 and 7,,cc7 cash bonuses and noncash compensation1 such as stock options 7whether or not based on performance74 2 and 7,b7 in subclause 7,,iii71 by striking #a1jjj and inserting #b1jjj4 #dbbc4 ,initiation of investigations ,subparagraph 7,g7 of section #bab7n77#b7 7#h ,u4,s4,c4 #aahb7n77#b77 is amended-- 7#a7 in clause 7i71 by striking if the ,secretary and all that follows and inserting with regard to the employer's compliance with the requirements of this subsection42 7#b7 in clause 7ii71 by striking and whose identity and all that follows through failure or failures4 and inserting the ,secretary of ,labor may conduct an investigation into the employer's compliance with the requirements of this subsection42 7#c7 in clause 7iii71 by striking the last sentence2 7#d7 by striking clauses 7iv7 and 7v72 7#e7 by redesignating clauses 7vi71 7vii71 and 7viii7 as clauses 7iv71 7v71 and 7vi71 respectively2 7#f7 in clause 7iv71 as so redesignated1 by striking meet a condition described in clause 7ii71 unless the ,secretary of ,labor receives the information not later than #ab months and inserting comply with the requirements under this subsection1 unless the ,secretary of ,labor receives the information not later than #bd months2 7#g7 by amending clause 7v71 as so redesignated1 to read as follows3 7v7 ,the ,secretary of ,labor shall provide notice to an employer of the intent to conduct an investigation4 ,the notice shall be provided in such a manner1 and shall contain sufficient detail1 to permit the employer to respond to the allegations before an investigation is commenced4 ,the ,secretary is not required to comply with this clause if the ,secretary determines that such compliance would interfere with an effort by the ,secretary to investigate or secure compliance by the employer with the requirements of this subsection4 ,a determination by the ,secretary under this clause shall not be subject to judicial review4 2 7#h7 in clause 7vi71 as so redesignated1 by striking ,an investigation and all that follows through the determination4 and inserting ,if the ,secretary of ,labor1 after an investigation under clause 7i7 or 7ii71 determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection1 the ,secretary shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section #eef of title #e1 ,united ,states ,code1 not later than #abj days after the date of such determination42 and 7#i7 by adding at the end the following3 7vii7 ,if the ,secretary of ,labor1 after a hearing1 finds a reasonable basis to believe that the employer has violated the requirements under this subsection1 the ,secretary shall impose a penalty under subparagraph 7,c74 4 #dbbd4 ,information sharing ,section #bab7n77#b7 7#h ,u4,s4,c4 #aahb7n77#b771 as amended by sections #dbbb and #dbbc1 is further amended by adding at the end the following3 7,j7 ,the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall provide the ,secretary of ,labor with any information contained in the materials submitted by employers of ,h-#a;,b nonimmigrants as part of the adjudication process that indicates that the employer is not complying with visa program requirements for ,h-#a;,b nonimmigrants4 ,the ,secretary of ,labor may initiate and conduct an investigation related to ,h-#a;,b nonimmigrants and a hearing under this paragraph after receiving information of noncompliance under this subparagraph4 ,this subparagraph may not be construed to prevent the ,secretary of ,labor from taking action related to wage and hour and workplace safety laws4 7,k7 ,the ,secretary of ,labor shall facilitate the posting of the descriptions described in paragraph 7#a77;,c77i7 on the ,internet website of the ,state labor or workforce agency for the ,state in which the position will be primarily located during the same period as the posting under paragraph 7#a77;,c77i74 4 #dbbe4 ,transparency of high-skilled immigration programs ,section #daf7;c7 of the ,american ,competitiveness and ,workforce ,improvement ,act of #aiih 7#h ,u4,s4,c4 #aahd note7 is amended-- 7#a7 by amending paragraph 7#b7 to read as follows3 7#b7 ,annual h-#a;b nonimmigrant characteristics report ,the ,bureau of ,immigration and ,labor ,market ,research shall submit an annual report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives that contains-- 7,a7 information on the countries of origin of1 occupations of1 educational levels attained by1 and compensation paid to1 aliens who were issued visas or otherwise provided nonimmigrant status under section #aja7;a77#ae77;,h77i77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77i77b77 during the previous fiscal year2 7,b7 a list of all employers who petition for ,h-#a;,b visas1 the number of such petitions filed and approved for each such employer1 the occupational classifications for the approved positions1 and the number of ,h-#a;,b nonimmigrants for whom each such employer files for adjustment to permanent resident status2 7,c7 the number of immigrant status petitions filed during the prior year on behalf of ,h-#a;,b nonimmigrants2 7,d7 a list of all employers who are ,h-#a;,b-dependent employers2 7,e7 a list of all employers who are ,h-#a;,b skilled worker dependent employers2 7,f7 a list of all employers for whom more than #cj percent of their ,united ,states workforce is ,h-#a;,b or ,l-#a nonimmigrants2 7,g7 a list of all employers for whom more than #ej percent of their ,united ,states workforce is ,h-#a;,b or ,l-#a nonimmigrants2 7,h7 a gender breakdown by occupation and by country of ,h-#a;,b nonimmigrants2 7,i7 a list of all employers who have been approved to conduct outplacement of ,h-#a;,b nonimmigrants2 and 7,j7 the number of ,h-#a;,b nonimmigrants categorized by their highest level of education and whether such education was obtained in the ,united ,states or in a foreign country4 2 7#b7 by redesignating paragraph 7#c7 as paragraph 7#e72 7#c7 by inserting after paragraph 7#b7 the following3 7#c7 ,annual l-#a nonimmigrant characteristics report ,the ,bureau of ,immigration and ,labor ,market ,research shall submit an annual report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives that contains-- 7,a7 information on the countries of origin of1 occupations of1 educational levels attained by1 and compensation paid to1 aliens who were issued visas or otherwise provided -nonimmigrant status under section #aja7;a77#ae77,l7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,l77 during the previous fiscal year2 7,b7 a list of all employers who petition for ,l-#a visas1 the number of such petitions filed and approved for each such employer1 the occupational classifications for the approved positions1 and the number of ,l-#a nonimmigrants for whom each such employer files for adjustment to permanent resident status2 7,c7 the number of immigrant status petitions filed during the prior year on behalf of ,l-#a nonimmigrants2 7,d7 a list of all employers who are ,l-#a dependent employers2 7,e7 a gender breakdown by occupation and by country of ,l-#a nonimmigrants2 7,f7 a list of all employers who have been approved to conduct outplacement of ,l-#a nonimmigrants2 and 7,g7 the number of ,l-#a nonimmigrants categorized by their highest level of education and whether such education was obtained in the ,united ,states or in a foreign country4 7#d7 ,annual employer survey ,the ,bureau of ,immigration and ,labor ,market ,research shall-- 7,a7 conduct an annual survey of employers hiring foreign nationals under the ,l-#a visa program2 and 7,b7 shall issue an annual report that-- 7i7 describes the methods employers are using to meet the requirement of taking good faith steps to recruit ,united ,states workers for the occupational classification for which the nonimmigrants are sought1 using procedures that meet industry-wide standards2 7ii7 describes the best practices for recruiting among employers2 and 7iii7 contains recommendations on which recruiting steps employers can take to maximize the likelihood of hiring ,american workers4 2 and 7#d7 in paragraph 7#e71 as redesignated1 by striking paragraph 7#b7 and inserting paragraphs 7#b7 and 7#c74 #c ,other protections #dbca4 ,posting available positions through the ,department of ,labor 7a7 ,department of ,labor website ,section #bab7n7 7#h ,u4,s4,c4 #aahb7n771 as amended by section #dbba7b71 is further amended by adding at the end following3 7#g7 7,a7 ,not later than #ij days after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 the ,secretary of ,labor shall establish a searchable ,internet website for posting positions as required by paragraph 7#a77;,c74 ,such website shall be available to the public without charge4 7,b7 ,the ,secretary may work with private companies or nonprofit organizations to develop and operate the ,internet website described in subparagraph 7,a74 7,c7 ,the ,secretary may promulgate rules1 after notice and a period for comment1 to carry out the requirements of this paragraph4 4 7b7 ,requirement for publication ,the ,secretary of ,labor shall submit to ,congress and publish in the ,federal ,register and other appropriate media a notice of the date that the ,internet website required by paragraph 7#f7 of section #bab7n7 of the ,immigration and ,nationality ,act1 as amended by subsection 7a71 will be operational4 7c7 ,application ,the amendments made by subsection 7a7 shall apply to an application filed on or after the date that is #cj days after the date described in subsection 7b74 #dbcb4 ,requirements for information for ,h-#a;,b and ,l nonimmigrants 7a7 ,in general ,section #bad 7#h ,u4,s4,c4 #aahd71 as amended by section #cfjh1 is further amended by adding at the end the following3 7t7 ,requirements for information for ,h-#a;,b and ,l nonimmigrants 7#a7 ,in general ,upon issuing a visa to an applicant for nonimmigrant status pursuant to subparagraph 7,h77i77b7 or 7,l7 of section #aja7;a77#ae7 who is outside the ,united ,states1 the issuing office shall provide the applicant with-- 7,a7 a brochure outlining the obligations of the applicant's employer and the rights of the applicant with regard to employment under ,federal law1 including labor and wage protections2 and 7,b7 the contact information for appropriate ,federal agencies or departments that offer additional information or assistance in clarifying such obligations and rights4 7#b7 ,provision of material ,upon the approval of an application of an applicant referred to in paragraph 7#a71 the applicant shall be provided with the material described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a7-- 7,a7 by the issuing officer of the ,department of ,homeland ,security1 if the applicant is inside the ,united ,states2 or 7,b7 by the appropriate official of the ,department of ,state1 if the applicant is outside the ,united ,states4 7#c7 ,employer to provide immigration paperwork exchanged with federal agencies 7,a7 ,in general ,not later than #cj days after a labor condition application is filed under section #bab7n77#a71 an employer shall provide an employee or beneficiary of such application who is or seeking nonimmigrant status under subparagraph 7,h77i77b7 or 7,l7 of section #aja7;a77#ae7 with a copy the original of all applications and petitions filed by the employer with the ,department of ,labor or the ,department of ,homeland ,security for such employee or beneficiary4 7,b7 ,withholding of financial or proprietary information ,if a document required to be provided to an employee or beneficiary under subparagraph 7,a7 includes any financial or propriety information of the employer1 the employer may redact such information from the copies provided to such employee or beneficiary4 4 7b7 ,report on job classification and wage determinations ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall prepare a report analyzing the accuracy and effectiveness of the ,secretary of ,labor's current job classification and wage determination system4 ,the report shall-- 7#a7 specifically address whether the systems in place accurately reflect the complexity of current job types as well as geographic wage differences2 and 7#b7 make recommendations concerning necessary updates and modifications4 #dbcc4 ,filing fee for ,h-#a;,b-dependent employers 7a7 ,in general ,notwithstanding any other provision of law1 there shall be a fee required to be submitted by an employer with an application for admission of an ,h-#a;,b nonimmigrant as follows3 7#a7 ,for each fiscal year beginning in fiscal year #bjae1 #e1jjj for applicants that employ #ej or more employees in the ,united ,states if more than #cj percent and less than #ej percent of the applicant's employees are ,h-#a;,b nonimmigrants or ,l nonimmigrants4 7#b7 ,for each of the fiscal years #bjae through #bjag1 #aj1jjj for applicants that employ #ej or more employees in the ,united ,states if more than #ej percent and less than #ge percent of the applicant's employees are ,h-#a;,b nonimmigrants or ,l nonimmigrants4 ,fees collected under this paragraph shall be deposited in the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a74 7b7 ,definitions ,in this section3 7#a7 ,employer ,the term employer-- 7,a7 means any entity or entities treated as a single employer under subsection 7b71 7c71 7m71 or 7o7 of section #dad of the ,internal ,revenue ,code of #aihf2 and 7,b7 does not include a nonprofit institution of higher education or a nonprofit research organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under #eja7;a7 of that ,code that is-- 7i7 an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7772 or 7ii7 a research organization4 7#b7 ,h-#a;,b nonimmigrant ,the term ,h-#a;,b nonimmigrant means an alien admitted as a nonimmigrant pursuant to section #aja7;a77#ae77;,h77i77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77i77b774 7#c7 ,intending immigrant ,the term intending immigrant has the meaning given that term in paragraph 7#ed77;,a7 of section #aja7;a77#ed77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a774 7#d7 ,l nonimmigrant ,the term ,l nonimmigrant means an alien admitted as a nonimmigrant pursuant to section #aja7;a77#ae77,l7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,l77 to provide services to the alien's employer involving specialized knowledge4 7c7 ,exception for intending immigrants ,in determining the percentage of employees of an employer that are ,h-#a;,b nonimmigrants or ,l nonimmigrants under subsection 7a71 an intending immigrant employee shall not count toward such percentage4 7d7 ,conforming amendment ,section #djb of the ,act entitled ,an ,act making emergency supplemental appropriations for border security for the fiscal year ending ,september #cj1 #bjaj1 and for other purposes1 approved ,august #ac1 #bjaj 7,public ,law #aaa-bcj2 #h ,u4,s4,c4 #aaja note7 is amended by striking subsection 7b74 #dbcd4 ,providing premium processing of employment-based visa petitions ,pursuant to section #bhf7u7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7u771 the ,secretary shall establish and collect-- 7#a7 a fee for premium processing of employment-based immigrant petitions2 and 7#b7 a fee for premium processing of an administrative appeal of any decision on a permanent employment-based immigrant petition4 #dbce4 ,technical correction ,section #bab 7#h ,u4,s4,c4 #aahb7 is amended by redesignating the second subsection 7t71 as added by section #a7;b77#b77;,b7 of the ,act entitled ,an ,act to amend and extend the ,irish ,peace ,process ,cultural and ,training ,program ,act of #aiih 7,public ,law #ajh-ddi 7#aah ,stat4 #cdgj771 as subsection 7u74 #dbcf4 ,application 7a7 ,in general ,except as otherwise specifically provided1 the amendments made by this subtitle shall apply to applications filed on or after the date of the enactment of this ,act4 7b7 ,special requirements ,notwithstanding any other provision of law1 the amendments made by section #dbaa7;c7 shall not apply to any application or petition filed by an employer on behalf of an existing employee4 #dbcg4 ,portability for beneficiaries of immigrant petitions 7a7 ,increased portability ,section #bjd7;j7 7#h ,u4,s4,c4 #aaed7;j77 is amended-- 7#a7 by amending the subsection heading to read as follows3 7j7 ,increased portability 2 7#b7 by striking ,a petition and inserting the following3 7#a7 ,long delayed applicants for adjustment of status ,a petition 2 and 7#c7 by adding at the end the following3 7#b7 ,portability for beneficiaries of immigrant petitions ,regardless of whether an employer withdraws a petition approved under paragraph 7#a71 7#b71 or 7#c7 of section #bjc7;b7-- 7,a7 the petition shall remain valid with respect to a new job if-- 7i7 the beneficiary changes jobs or employers after the petition is approved2 and 7ii7 the new job is in the same or a similar occupational classification as the job for which the petition was approved2 and 7,b7 the employer's legal obligations with respect to the petition shall terminate at the time the beneficiary changes jobs or employers4 7#c7 ,documentation ,the ,secretary of ,labor shall develop a mechanism to provide the beneficiary or prospective employer with sufficient information to determine whether a new position or job is in the same or similar occupation as the job for which the petition was approved4 ,the ,secretary of ,labor shall provide confirmation of application approval if required for eligibility under this subsection4 ,the ,secretary of ,homeland ,security shall provide confirmation of petition approval if required for eligibility under this subsection4 4 7b7 ,adjustment of status for employment-based immigrants ,section #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7 is amended by adding at the end the following3 7n7 ,adjustment of status for employment-based immigrants 7#a7 ,petition ,an alien1 and any eligible dependents of such alien1 who has filed a petition for immigrant status1 may concurrently1 or at any time thereafter1 file an application with the ,secretary of ,homeland ,security for adjustment of status if such petition is pending or has been approved1 regardless of whether an immigrant visa is immediately available at the time the application is filed4 7#b7 ,supplemental fee ,if a visa is not immediately available at the time an application is filed under paragraph 7#a71 the beneficiary of such application shall pay a supplemental fee of #ejj1 which shall be deposited in the ,,stem ,education and ,training ,account established under section #bhf7w74 ,this fee shall not be collected from any dependent accompanying or following to join such beneficiary4 7#c7 ,availability ,an application filed pursuant to paragraph 7#b7 may not be approved until the date on which an immigrant visa becomes available4 4 ,c ,l visa fraud and abuse protections #dcja4 ,prohibition on outplacement of ,l nonimmigrants ,section #bad7;c77#b77;,f7 7#h ,u4,s4,c4 #aahd7;c77#b77;,f77 is amended to read as follows3 7,f7 7i7 ,an employer who employs ,l-#a nonimmigrants in a number that is equal to at least #ae percent of the total number of full-time equivalent employees employed by the employer shall not place1 outsource1 lease1 or otherwise contract for the services or placement of such alien with another employer4 ,in determining the number of employees who are ,l-#a nonimmigrants1 an intending immigrant shall count as a ,united ,states worker4 7ii7 ,the employer of an alien described in section #aja7;a77#ae77,l7 shall not place1 outsource1 lease1 or otherwise contract for the services or placement of such alien with another employer unless-- 7,i7 such alien will not be controlled or supervised principally by the employer with whom such alien would be placed2 7,,ii7 the placement of such alien at the worksite of the other employer is not essentially an arrangement to provide labor for hire for the other employer2 and 7,,iii7 the employer of such alien pays a fee of #ejj1 which shall be deposited in the ,,stem ,education and ,training ,account established under section #bhf7w74 4 #dcjb4 ,l employer petition requirements for employment at new offices ,section #bad7;c77#b7 7#h ,u4,s4,c4 #aahd7;c77#b77 is amended by adding at the end the following3 7,g7 7i7 ,if the beneficiary of a petition under this paragraph is coming to the ,united ,states to open1 or be employed in1 a new office1 the petition may be approved for up to #ab months only if-- 7,i7 the alien has not been the beneficiary of #b or more petitions under this subparagraph during the immediately preceding #b years2 and 7,,ii7 the employer operating the new office has-- 7aa7 an adequate business plan2 7bb7 sufficient physical premises to carry out the proposed business activities2 and 7cc7 the financial ability to commence doing business immediately upon the approval of the petition4 7ii7 ,an extension of the approval period under clause 7i7 may not be granted until the importing employer submits an application to the ,secretary of ,homeland ,security that contains-- 7,i7 evidence that the importing employer meets the requirements of this subsection2 7,,ii7 evidence that the beneficiary of the petition is eligible for nonimmigrant status under section #aja7;a77#ae77,l72 7,,iii7 a statement summarizing the original petition2 7,,iv7 evidence that the importing employer has complied with the business plan submitted under clause 7i77,i72 7,v7 evidence of the truthfulness of any representations made in connection with the filing of the original petition2 7,,vi7 evidence that the importing employer has been doing business at the new office through regular1 systematic1 and continuous provision of goods and services2 7,,vii7 a statement of the duties the beneficiary has performed at the new office during the approval period under clause 7i7 and the duties the beneficiary will perform at the new office during the extension period granted under this clause2 7,,viii7 a statement describing the staffing at the new office1 including the number of employees and the types of positions held by such employees2 7,,ix7 evidence of wages paid to employees2 7,x7 evidence of the financial status of the new office2 and 7,,xi7 any other evidence or data prescribed by the ,secretary4 7iii7 ,a new office employing the beneficiary of an ,l-#a petition approved under this paragraph shall do business only through regular1 systematic1 and continuous provision of goods and services4 7iv7 ,notwithstanding clause 7ii71 and subject to the maximum period of authorized admission set forth in subparagraph 7,d71 the ,secretary of ,homeland ,security1 in the ,secretary's discretion1 may approve a subsequently filed petition on behalf of the beneficiary to continue employment at the office described in this subparagraph for a period beyond the initially granted #ab-month period if the importing employer has been doing business at the new office through regular1 systematic1 and continuous provision of goods and services for the #f months immediately preceding the date of extension of petition filing and demonstrates that the failure to satisfy any of the requirements described in those subclauses was directly caused by extraordinary circumstances1 as determined by the ,secretary in the ,secretary's discretion4 4 #dcjc4 ,cooperation with ,secretary of ,state ,section #bad7;c77#b7 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by section #dcjb1 is further amended by adding at the end the following3 7,h7 ,for purposes of approving petitions under this paragraph1 the ,secretary of ,homeland ,security shall work cooperatively with the ,secretary of ,state to verify the existence or continued existence of a company or office in the ,united ,states or in a foreign country4 4 #dcjd4 ,limitation on employment of ,l nonimmigrants ,section #bad7;c77#b7 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by sections #dcjb and #dcjc1 is further amended by adding at the end the following3 7,i7 7i7 ,if the employer employs #ej or more employees in the ,united ,states1 the sum of the number of such employees who are ,h-#a;,b nonimmigrants plus the number of such employees who are ,l nonimmigrants may not exceed-- 7,i7 #ge percent of the total number of employees1 for fiscal year #bjae2 7,,ii7 #fe percent of the total number of employees1 for fiscal year #bjaf2 and 7,,iii7 #ej percent of the total number of employees1 for each fiscal year after fiscal year #bjaf4 7ii7 ,in this subparagraph3 7,i7 ,the term employer does not include a nonprofit institution of higher education or a nonprofit research organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under #eja7;a7 of that ,code that is-- 7aa7 an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7772 or 7bb7 a research organization4 7,,ii7 ,the term ,h-#a;,b nonimmigrant means an alien admitted as a nonimmigrant pursuant to section #aja7;a77#ae77;,h77i77b74 7,,iii7 ,the term ,l nonimmigrant means an alien admitted as a nonimmigrant pursuant to section #aja7;a77#ae77,l7 to provide services to the alien's employer involving specialized knowledge4 7iii7 ,in determining the percentage of employees of an employer that are ,h-#a;,b nonimmigrants or ,l nonimmigrants under clause 7i71 an intending immigrant employee shall not count toward such percentage4 4 #dcje4 ,filing fee for ,l nonimmigrants 7a7 ,in general ,notwithstanding any other provision of law1 the filing fee for an application for admission of an ,l nonimmigrant shall be as follows3 7#a7 ,for each of the fiscal years beginning in fiscal year #bjad1 #e1jjj for applicants that employ #ej or more employees in the ,united ,states if more than #cj percent and less than #ej percent of the applicant's employees are ,h-#a;,b nonimmigrants or ,l nonimmigrants4 7#b7 ,for each of the fiscal years #bjad through #bjag1 #aj1jjj for applicants that employ #ej or more employees in the ,united ,states if more than #ej percent and less than #ge percent of the applicant's employees are ,h-#a;,b nonimmigrants or ,l nonimmigrants4 ,fees collected under this paragraph shall be deposited in the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a74 7b7 ,definitions ,in this section3 7#a7 ,employer ,the term employer does not include a nonprofit institution of higher education or a nonprofit research organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under #eja7;a7 of that ,code that is-- 7,a7 an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7772 or 7,b7 a research organization4 7#b7 ,h-#a;,b nonimmigrant ,the term ,h-#a;,b nonimmigrant means an alien admitted as a nonimmigrant pursuant to section #aja7;a77#ae77;,h77i77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77i77b774 7#c7 ,l nonimmigrant ,the term ,l nonimmigrant means an alien admitted as a nonimmigrant pursuant to section #aja7;a77#ae77,l7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,l77 to provide services to the alien's employer involving specialized knowledge4 7c7 ,exception for intending immigrants ,in determining the percentage of employees of an employer that are ,h-#a;,b nonimmigrants or ,l nonimmigrants under subsection 7a71 an intending immigrant employee 7as defined in section #aja7;a77#ed77;,a7 of the ,immigration and ,nationality ,act shall not count toward such percentage4 7d7 ,conforming amendment ,section #djb of the ,act entitled ,an ,act making emergency supplemental appropriations for border security for the fiscal year ending ,september #cj1 #bjaj1 and for other purposes1 approved ,august #ac1 #bjaj 7,public ,law #aaa-bcj2 #h ,u4,s4,c4 #aaja note71 as amended by section #dbcc7;d71 is further amended by striking subsections 7a7 and 7c74 #dcjf4 ,investigation and disposition of complaints against ,l nonimmigrant employers ,section #bad7;c77#b7 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by sections #dcjb1 #dcjc1 and #dcjd is further amended by adding at the end the following3 7,j7 7i7 ,the ,secretary of ,homeland ,security may initiate an investigation of any employer that employs nonimmigrants described in section #aja7;a77#ae77,l7 with regard to the employer's compliance with the requirements of this subsection4 7ii7 7,i7 ,if the ,secretary receives specific credible information from a source who is likely to have knowledge of an employer's practices1 employment conditions1 or compliance with the requirements under this subsection1 the ,secretary may conduct an investigation into the employer's compliance with the requirements of this subsection4 7,,ii7 ,the ,secretary may withhold the identity of a source referred to in subclause 7,i7 from an employer and the identity of such source shall not be subject to disclosure under section #eeb of title #e1 ,united ,states ,code4 7iii7 ,the ,secretary shall establish a procedure for any person desiring to provide to the ,secretary information described in clause 7ii77,i7 that may be used1 in whole or in part1 as the basis for the commencement of an investigation described in such clause1 to provide the information in writing on a form developed and provided by the ,secretary and completed by or on behalf of the person4 7iv7 ,no investigation described in clause 7ii77,i7 7or hearing described in clause 7vi7 based on such investigation7 may be conducted with respect to information about a failure to comply with the requirements under this subsection1 unless the ,secretary receives the information not later than #bd months after the date of the alleged failure4 7v7 7,i7 ,subject to subclause 7,,iii71 before commencing an investigation of an employer under clause 7i7 or 7ii71 the ,secretary shall provide notice to the employer of the intent to conduct such investigation4 7,,ii7 ,the notice required by subclause 7,i7 shall be provided in such a manner1 and shall contain sufficient detail1 to permit the employer to respond to the allegations before an investigation is commenced4 7,,iii7 ,the ,secretary is not required to comply with this clause if the ,secretary determines that to do so would interfere with an effort by the ,secretary to investigate or secure compliance by the employer with the requirements of this subsection4 7,,iv7 ,there shall be no judicial review of a determination by the ,secretary under this clause4 7vi7 ,if the ,secretary1 after an investigation under clause 7i7 or 7ii71 determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection1 the ,secretary shall provide the interested parties with notice of such determination and an opportunity for a hearing in accordance with section #eef of title #e1 ,united ,states ,code1 not later than #abj days after the date of such determination4 ,if such a hearing is requested1 the ,secretary shall make a finding concerning the matter by not later than #abj days after the date of the hearing4 7vii7 ,if the ,secretary1 after a hearing1 finds a reasonable basis to believe that the employer has violated the requirements under this subsection1 the ,secretary shall impose a penalty under subparagraph 7,k74 7viii7 7,i7 ,the ,secretary may conduct voluntary surveys of the degree to which employers comply with the requirements under this section4 7,,ii7 ,the ,secretary shall-- 7aa7 conduct annual compliance audits of each employer with more than #ajj employees who work in the ,united ,states if more than #ae percent of such employees are nonimmigrants described in #aja7;a77#ae77,l72 and 7bb7 make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause4 4 #dcjg4 ,penalties ,section #bad7;c77#b7 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by sections #dcjb1 #dcjc1 #dcjd1 and #dcjf1 is further amended by adding at the end the following3 7,k7 7i7 ,if the ,secretary of ,homeland ,security finds1 after notice and an opportunity for a hearing1 a failure by an employer to meet a condition under subparagraph 7,f71 7,g71 or 7,l7 or a misrepresentation of material fact in a petition to employ #a or more aliens as nonimmigrants described in section #aja7;a77#ae77,l7-- 7,i7 the ,secretary shall impose such administrative remedies 7including civil monetary penalties in an amount not to exceed #b1jjj per violation7 as the ,secretary determines to be appropriate2 7,,ii7 the ,secretary may not1 during a period of at least #a year1 approve a petition for that employer to employ #a or more aliens as such nonimmigrants2 and 7,,iii7 in the case of a violation of subparagraph 7,j71 the employer shall be liable to the employees harmed by such violation for lost wages and benefits4 7ii7 ,if the ,secretary finds1 after notice and an opportunity for a hearing1 a willful failure by an employer to meet a condition under subparagraph 7,f71 7,g71 or 7,l7 or a willful misrepresentation of material fact in a petition to employ #a or more aliens as nonimmigrants described in section #aja7;a77#ae77,l7-- 7,i7 the ,secretary shall impose such administrative remedies 7including civil monetary penalties in an amount not to exceed #aj1jjj per violation7 as the ,secretary determines to be appropriate2 7,,ii7 the ,secretary may not1 during a period of at least #b years1 approve a petition filed for that employer to employ #a or more aliens as such nonimmigrants2 and 7,,iii7 in the case of a violation of subparagraph 7,j71 the employer shall be liable to the employees harmed by such violation for lost wages and benefits4 4 #dcjh4 ,prohibition on retaliation against ,l nonimmigrants ,section #bad7;c77#b7 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by sections #dcjb1 #dcjc1 #dcjc1 #dcjf1 and #dcjg1 is further amended by adding at the end the following3 7,l7 7i7 ,it is a violation of this subparagraph for an employer who has filed a petition to import #a or more aliens as nonimmigrants described in section #aja7;a77#ae77,l7 to take1 fail to take1 or threaten to take or fail to take1 a personnel action1 or to intimidate1 threaten1 restrain1 coerce1 blacklist1 discharge1 or discriminate in any other manner against an employee because the employee-- 7,i7 has disclosed information that the employee reasonably believes evidences a violation of this subsection1 or any rule or regulation pertaining to this subsection2 or 7,,ii7 cooperates or seeks to cooperate with the requirements of this subsection1 or any rule or regulation pertaining to this subsection4 7ii7 ,in this subparagraph1 the term employee includes-- 7,i7 a current employee2 7,,ii7 a former employee2 and 7,,iii7 an applicant for employment4 4 #dcji4 ,reports on ,l nonimmigrants ,section #bad7;c77#h7 7#h ,u4,s4,c4 #aahd7;c77#h77 is amended by inserting 7,l71 after 7,h714 #dcaj4 ,application ,the amendments made by this subtitle shall apply to applications filed on or after the date of the enactment of this ,act4 #dcaa4 ,report on ,l blanket petition process ,not later than #f months after the date of the enactment of this ,act1 the ,inspector ,general of the ,department shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report regarding the use of blanket petitions under section #bad7;c77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b77;,a774 ,such report shall assess the efficiency and reliability of the process for reviewing such blanket petitions1 including whether the process includes adequate safeguards against fraud and abuse4 ,d ,other nonimmigrant visas #ddja4 ,nonimmigrant visas for students 7a7 ,authorization of dual intent for ,f nonimmigrants seeking bachelor's or graduate degrees ,section #aja7;a77#ae77;,f7 7#h ,u4,s4,c4 #aaja7;a77#ae77;,f77 is amended to read as follows3 7,f7 7i7 an alien having a residence in a foreign country who is a bona fide student qualified to pursue a full course of study and who seeks to enter the ,united ,states temporarily and solely for the purpose of pursuing such a course of study consistent with section #bad7m7 at an accredited college1 university1 or language training program1 or at an established seminary1 conservatory1 academic high school1 elementary school1 or other academic institution in the ,united ,states1 particularly designated by the alien and approved by the ,secretary of ,homeland ,security after consultation with the ,secretary of ,education1 which institution or place of study shall have agreed to report to the ,secretary of ,homeland ,security the termination of attendance of each nonimmigrant student1 and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn1 except that such an alien who is not seeking to pursue a degree that is a bachelor's degree or a graduate degree shall have a residence in a foreign country that the alien has no intention of abandoning2 7ii7 the alien spouse and minor children of any alien described in clause 7i7 if accompanying or following to join such an alien2 and 7iii7 an alien who is a national of ,canada or ,mexico1 who maintains actual residence and place of abode in the country of nationality1 who is described in clause 7i7 except that the alien's qualifications for and actual course of study may be full or part-time1 and who commutes to the ,united ,states institution or place of study from ,canada or ,mexico4 4 7b7 ,dual intent ,section #bad7;h7 7#h ,u4,s4,c4 #aahd7;h77 is amended to read as follows3 7h7 ,dual intent ,the fact that an alien is1 or intends to be1 the beneficiary of an application for a preference status filed under section #bjd1 seeks a change or adjustment of status after completing a legitimate period of nonimmigrant stay1 or has otherwise sought permanent residence in the ,united ,states shall not constitute evidence of intent to abandon a foreign residence that would preclude the alien from obtaining or maintaining-- 7#a7 a visa or admission as a nonimmigrant described in subparagraph 7,e71 7,f77i71 7,f77ii71 7,h77i77b71 7,h77i77c71 7,l71 7,o71 7,p71 7,v71 or 7,w7 of section #aja7;a77#ae72 or 7#b7 the status of a nonimmigrant described in any such subparagraph4 4 7c7 ,requirement of student visa data transfer and certification 7#a7 ,in general ,the ,secretary shall implement real-time transmission of data from the ,student and ,exchange ,visitor ,information ,system to databases used by ,u4,s4 ,customs and ,border ,protection4 7#b7 ,certification 7,a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary shall certify to ,congress that the transmission of data referred to in paragraph 7#a7 has been implemented4 7,b7 ,temporary suspension of visa issuance ,if the ,secretary has not made the certification referred to in subparagraph 7,a7 during the #abj-;day period1 the ,secretary shall suspend issuance of visas under subparagraphs 7,f7 and 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 until the certification is made4 #ddjb4 ,classification for specialty occupation workers from free trade countries 7a7 ,nonimmigrant status ,section #aja7;a77#ae77;,e77#h ,u4,s4,c4 #aaja7;a77#ae77;,e77 is amended-- 7#a7 in the matter preceding clause 7i71 by inserting 1 bilateral investment treaty1 or free trade agreement after treaty of commerce and navigation2 7#b7 in clause 7ii71 by striking or at the end2 and 7#c7 by adding at the end the following3 7iv7 solely to perform services in a specialty occupation in the ,united ,states if the alien is a national of a country1 other than ,chile1 ,singapore1 or ,australia1 with which the ,united ,states has entered into a free trade agreement 7regardless of whether such an agreement is a treaty of commerce and navigation7 and with respect to whom the ,secretary of ,labor determines and certifies to the ,secretary of ,homeland ,security and the ,secretary of ,state that the intending employer has filed with the ,secretary of ,labor an attestation under section #bab7t72 7v7 solely to perform services in a specialty occupation in the ,united ,states if the alien is a national of the ,republic of ,korea and with respect to whom the ,secretary of ,labor determines and certifies to the ,secretary of ,homeland ,security and the ,secretary of ,state that the intending employer has filed with the ,secretary of ,labor an attestation under section #bab7t72 or 7vi7 solely to perform services as an employee and who has at least a high school education or its equivalent1 or has1 during the most recent #e-year period1 at least #b years of work experience in an occupation which requires at least #b years of training or experience if the alien is a national of a country-- 7,i7 designated as an eligible sub-,saharan ,african country under section #ajd of the ,african ,growth and ,opportunity ,act 7#ai ,u4,s4,c4 #cgjc72 or 7,,ii7 designated as a beneficiary country for purposes of the ,caribbean ,basin ,economic ,recovery ,act 7#ai ,u4,s4,c4 #bgja et seq472 4 7b7 ,numerical limitation ,section #bad7;g77#aa7 7#h ,u4,s4,c4 #aahd7;g77#aa77 is amended-- 7#a7 in subparagraph 7,a71 by striking section #aja7;a77#ae77;,e77iii7 and inserting clauses 7iii7 and 7vi7 of section #aja7;a77#ae77;,e72 and 7#b7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,the applicable numerical limitation referred to in subparagraph 7,a7 for each fiscal year is-- 7i7 #aj1ejj for each of the nationalities identified in clause 7iii7 of section #aja7;a77#ae77;,e72 and 7ii7 #aj1ejj for all aliens described in clause 7vi7 of such section4 4 7c7 ,free trade agreements ,section #bad7;g7 7#h ,u4,s4,c4 #aahd7;g77 is amended by adding at the end the following3 7#ab7 7,a7 ,the free trade agreements referred to in section #aja7;a77#ae77;,e77iv7 are defined as any free trade agreement designated by the ,secretary of ,homeland ,security with the concurrence of the ,united ,states ,trade ,representative and the ,secretary of ,state4 7,b7 ,the ,secretary of ,state may not approve a number of initial applications submitted for aliens described in clause 7iv7 or 7v7 of section #aja7;a77#ae77;,e7 that is more than #e1jjj per fiscal year for each country with which the ,united ,states has entered into a ,free ,trade ,agreement4 7,c7 ,the applicable numerical limitation referred to in subparagraph 7,a7 shall apply only to principal aliens and not to the spouses or children of such aliens4 4 7d7 ,nonimmigrant professionals ,section #bab7t7 7#h ,u4,s4,c4 #aahb7t77 is amended by striking section #aja7;a77#ae77;,e77iii7 each place that term appears and inserting clause 7iv7 or 7v7 of section #aja7;a77#ae77;,e74 #ddjc4 ,e-visa reform 7a7 ,nonimmigrant category ,section #aja7;a77#ae77;,e77iii7 7#h ,u4,s4,c4 #aaja7;a77#ae77;,e77iii77 is amended by inserting 1 or solely to perform services as an employee and who has at least a high school education or its equivalent1 or has1 within #e years1 at least #b years of work experience in an occupation which requires at least #b years of training or experience if the alien is a national of the ,republic of ,ireland1 after ,australia4 7b7 ,temporary admission ,section #bab7;d77#c77;,a7 7#h ,u4,s4,c4 #aahb7;d77#c77;,a77 is amended to read as follows3 7,a7 ,except as otherwise provided in this subsection-- 7i7 an alien who is applying for a nonimmigrant visa and who the consular officer knows or believes to be ineligible for such visa under subsection 7a7 7other than subparagraphs 7,a77i77,i71 7,a77ii71 7,a77iii71 7,c71 7,e77i71 and 7,e77ii7 of paragraph 7#c7 of such subsection7-- 7,i7 after approval by the ,secretary of ,homeland ,security of a recommendation by the ,secretary of ,state or by the consular officer that the alien be admitted temporarily despite the alien's inadmissibility1 may be granted such a visa and may be admitted into the ,united ,states temporarily as a nonimmigrant1 in the discretion of the ,secretary of ,homeland ,security2 or 7,,ii7 absent such recommendation and approval1 be granted a nonimmigrant visa pursuant to section #aja7;a77#ae77;,e7 if such ineligibility is based solely on conduct in violation of paragraph 7#f71 7#g71 or 7#i7 of section #bab7;a7 that occurred before the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 and 7ii7 an alien who is inadmissible under subsection 7a7 7other than subparagraphs 7,a77i77,i71 7,a77ii71 7,a77iii71 7,c71 7,e77i71 and 7,e77ii7 of paragraph 7#c7 of such subsection71 is in possession of appropriate documents or was granted a waiver from such document requirement1 and is seeking admission1 may be admitted into the ,united ,states temporarily as a nonimmigrant1 in the discretion of the ,secretary of ,homeland ,security1 who shall prescribe conditions1 including exaction of such bonds as may be necessary1 to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph4 4 7c7 ,numerical limitation ,section #bad7;g77#aa77;,b7 7#h ,u4,s4,c4 #aahd7;g77#aa77;,b77 is amended by striking the period at the end and inserting for each of the nationalities identified under section #aja7;a77#ae77;,e77iii744 #ddjd4 ,other changes to nonimmigrant visas 7a7 ,portability ,paragraphs 7#a7 and 7#b7 of section #bad7n7 7#h ,u4,s4,c4 #aahd7n77 are amended to read as follows3 7#a7 ,a nonimmigrant alien described in paragraph 7#b7 who was previously issued a visa or otherwise provided nonimmigrant status under section #aja7;a77#ae77;,h77i77b7 or #aja7;a77#ae77,o77i7 is authorized to accept new employment pursuant to such section upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection 7a74 ,employment authorization shall continue for such alien until the new petition is adjudicated4 ,if the new petition is denied1 such authorization shall cease4 7#b7 ,a nonimmigrant alien described in this paragraph is a nonimmigrant alien-- 7,a7 who has been lawfully admitted into the ,united ,states2 7,b7 on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the ,secretary of ,homeland ,security2 and 7,c7 who1 subsequent to such lawful admission1 has not been employed without authorization in the ,united ,states before the filing of such petition4 4 7b7 ,waiver ,the undesignated material at the end of section #bad7;c77#c7 7#h ,u4,s4,c4 #aahd7;c77#c77 is amended to read as follows3 ,the ,secretary of ,homeland ,security shall provide by regulation for the waiver of the consultation requirement under subparagraph 7,a7 in the case of aliens who have been admitted as nonimmigrants under section #aja7;a77#ae77,o77i7 because of extraordinary ability in the arts or extraordinary achievement in motion picture or television production and who seek readmission to perform similar services within #c years after the date of a consultation under such subparagraph provided that1 in the case of aliens admitted because of extraordinary achievement in motion picture or television production1 such waiver shall apply only if the prior consultations by the appropriate union and management organization were favorable or raised no objection to the approval of the petition4 ,not later than #e days after such a waiver is provided1 the ,secretary shall forward a copy of the petition and all supporting documentation to the national office of an appropriate labor organization4 ,in the case of an alien seeking entry for a motion picture or television production 7i7 any opinion under the previous sentence shall only be advisory2 7ii7 any such opinion that recommends denial must be in writing2 7iii7 in making the decision the ,attorney ,general shall consider the exigencies and scheduling of the production2 7iv7 the ,attorney ,general shall append to the decision any such opinion2 and 7v7 upon making the decision1 the ,attorney ,general shall immediately provide a copy of the decision to the consulting labor and management organizations4 4 #ddje4 ,treatment of nonimmigrants during adjudication of application ,section #bad 7#h ,u4,s4,c4 #aahd71 as amended by sections #cfji and #dbcc1 is further amended by adding at the end the following3 7u7 ,treatment of nonimmigrants during adjudication of application ,a nonimmigrant alien granted employment authorization pursuant to sections #aja7;a77#ae77;,a71 #aja7;a77#ae77;,e71 #aja7;a77#ae77;,g71 #aja7;a77#ae77;,h71 #aja7;a77#ae77;,i71 #aja7;a77#ae77;,j71 #aja7;a77#ae77,l71 #aja7;a77#ae77,o71 #aja7;a77#ae77,p71 #aja7;a77#ae77,q71 #aja7;a77#ae77,r71 #bad7;e71 and such other sections as the ,secretary of ,homeland ,security may by regulations prescribe whose status has expired but who has1 or whose sponsoring employer or authorized agent has1 filed a timely application or petition for an extension of such employment authorization and nonimmigrant status as provided under subsection 7a7 is authorized to continue employment with the same employer until the application or petition is adjudicated4 ,such authorization shall be subject to the same conditions and limitations as the initial grant of employment authorization4 4 #ddjf4 ,nonimmigrant elementary and secondary school students ,section #bad7m77#a77;,b7 7#h ,u4,s4,c4 #aahd7m77#a77;,b77 is amended striking unless-- and all that follows through 7ii7 and inserting unless4 #ddjg4 ,j-#a ,summer ,work ,travel ,visa ,exchange ,visitor ,program fee ,section #bha 7#h ,u4,s4,c4 #acea71 as amended by section #daje1 is further amended by adding at the end the following3 7e7 ,j-#a ,summer ,work ,travel ,participant fee ,in addition to the fees authorized under subsection 7a71 the ,secretary of ,state shall collect a #ajj fee from each nonimmigrant entering under the ,summer ,work ,travel program conducted by the ,secretary of ,state pursuant to the ,foreign ,affairs ,reform and ,restructuring ,act of #aiih 7division ,g of ,public ,law #aje-bgg2 #aab ,stat4 #bfha-gfa74 ,fees collected under this subsection shall be deposited into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 4 #ddjh4 ,j visa eligibility 7a7 ,speakers of certain foreign languages ,section #aja7;a77#ae77;,j7 7#h ,u4,s4,c4 #aaja7;a77#ae77;,j77 is amended to read as follows3 7,j7 an alien having a residence in a foreign country which he has no intention of abandoning who-- 7i7 is a bona fide student1 scholar1 trainee1 teacher1 professor1 research assistant1 specialist1 or leader in a field of specialized knowledge or skill1 or other person of similar description1 who is coming temporarily to the ,united ,states as a participant in a program designated by the ,director of the ,united ,states ,information ,agency1 for the purpose of teaching1 instructing or lecturing1 studying1 observing1 conducting research1 consulting1 demonstrating special skills1 or receiving training and who1 if such alien is coming to the ,united ,states to participate in a program under which such alien will receive graduate medical education or training1 also meets the requirements of section #bab7;j71 and the alien spouse and minor children of any such alien if accompanying such alien or following to join such alien2 or 7ii7 is coming to the ,united ,states to perform work involving specialized knowledge or skill1 including teaching on a full-time or part-time basis1 that requires proficiency of languages spoken as a native language in countries of which fewer than #e1jjj nationals were lawfully admitted for permanent residence in the ,united ,states in the previous year2 4 7b7 ,requirement for annual list of countries ,the ,secretary of ,state shall publish an annual list of the countries described in clause 7ii7 of section #aja7;a77#ae77;,j7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,j771 as added by subsection 7a74 7c7 ,summer ,work ,travel program employment in seafood processing ,notwithstanding any other provision of law or regulation1 including part #fb of title #bb1 ,code of ,federal ,regulations1 or any proposed rule1 the ,secretary of ,state shall permit participants in the ,summer ,work ,travel program described in section #fb4cb of such title #bb who are admitted under section #aja7;a77#ae77;,j7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,j771 as amended by subsection 7a71 to be employed in seafood processing positions in ,alaska4 #ddji4 ,f-#a ,visa fee ,section #bha 7#h ,u4,s4,c4 #acea71 as amended by sections #daje and #ddjg1 is further amended by adding at the end the following3 7f7 ,f-#a visa fee 7#a7 ,in general ,in addition to the fees authorized under subsection 7a71 the ,secretary of ,homeland ,security shall collect a #ajj fee from each nonimmigrant admitted under section #aja7;a77#ae77;,f77i74 ,fees collected under this subsection shall be deposited into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7#b7 ,rulemaking ,the ,secretary of ,homeland ,security1 in conjunction with the ,secretary of ,state1 shall promulgate regulations to ensure that-- 7,a7 the fee authorized under paragraph 7#a7 is paid on behalf of all ,j-#a nonimmigrants seeking entry into the ,united ,states2 7,b7 a fee related to the hiring of a ,j-#a nonimmigrant is not deducted from the wages or other compensation paid to the ,j-#a nonimmigrant2 and 7,c7 not more than #a fee is collected per ,j-#a nonimmigrant4 4 #ddaj4 ,pilot program for remote ,b nonimmigrant visa interviews ,section #bbb 7#h ,u4,s4,c4 #abjb7 is amended by adding at the end the following3 7i7 7#a7 ,except as provided in paragraph 7#c71 the ,secretary of ,state-- 7,a7 shall develop and conduct a pilot program for processing visas under section #aja7;a77#ae77;,b7 using secure remote videoconferencing technology as a method for conducting any required in person interview of applicants2 and 7,b7 in consultation with the heads of other ,federal agencies that use such secure communications1 shall help ensure the security of the videoconferencing transmission and encryption conducted under subparagraph 7,a74 7#b7 ,not later than #ij days after the termination of the pilot program authorized under paragraph 7#a71 the ,secretary of ,state shall submit to the appropriate committees of ,congress a report that contains-- 7,a7 a detailed description of the results of such program1 including an assessment of the efficacy1 efficiency1 and security of the remote videoconferencing technology as a method for conducting visa interviews of applicants2 and 7,b7 recommendations for whether such program should be continued1 broadened1 or modified4 7#c7 ,the pilot program authorized under paragraph 7#a7 may not be conducted if the ,secretary of ,state determines that such program-- 7,a7 poses an undue security risk2 and 7,b7 cannot be conducted in a manner consistent with maintaining security controls4 7#d7 ,if the ,secretary of ,state makes a determination under paragraph 7#c71 the ,secretary shall submit a report to the appropriate committees of ,congress that describes the reasons for such determination4 7#e7 ,in this subsection3 7,a7 ,the term appropriate committees of ,congress means-- 7i7 the ,committee on the ,judiciary1 the ,committee on ,foreign ,relations1 and the ,committee on ,appropriations of the ,senate2 and 7ii7 the ,committee on the ,judiciary1 the ,committee on ,foreign ,affairs1 and the ,committee on ,appropriations of the ,house of ,representatives4 7,b7 ,the term in person interview includes interviews conducted using remote video technology4 4 #ddaa4 ,providing consular officers with access to all terrorist databases and requiring heightened scrutiny of applications for admission from persons listed on terrorist databases ,section #bbb 7#h ,u4,s4,c4 #abjb71 as amended by section #ddaj1 is further amended by adding at the end the following3 7j7 ,providing consular officers with access to all terrorist databases and requiring heightened scrutiny of applications for admission from persons listed on terrorist databases 7#a7 ,access to the ,secretary of ,state 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary of ,state shall have access to all terrorism records and databases maintained by any agency or department of the ,united ,states for the purposes of determining whether an applicant for admission poses a security threat to the ,united ,states4 7,b7 ,exception ,the head of such an agency or department may only withhold access to terrorism records and databases from the ,secretary of ,state if such head is able to articulate that withholding is necessary to prevent the unauthorized disclosure of information that clearly identifies1 or would reasonably permit ready identification of1 intelligence or sensitive law enforcement sources1 methods1 or activities4 7#b7 ,biographic and biometric screening 7,a7 ,requirement for biographic and biometric screening ,notwithstanding any other provision of this ,act1 the ,secretary of ,state shall require every alien applying for admission to the ,united ,states to submit to biographic and biometric screening to determine whether the alien's name or biometric information is listed in any terrorist watch list or database maintained by any agency or department of the ,united ,states4 7,b7 ,exclusions ,no alien applying for a visa to the ,united ,states shall be granted such visa by a consular officer if the alien's name or biometric information is listed in any terrorist watch list or database referred to in subparagraph 7,a7 unless-- 7i7 screening of the alien's visa application against interagency counterterrorism screening systems which compare the applicant's information against data in all counterterrorism watch lists and databases reveals no potentially pertinent links to terrorism2 7ii7 the consular officer submits the application for further review to the ,secretary of ,state and the heads of other relevant agencies1 including the ,secretary of ,homeland ,security and the ,director of ,national ,intelligence2 and 7iii7 the ,secretary of ,state1 after consultation with the ,secretary of ,homeland ,security1 the ,director of ,national ,intelligence1 and the heads of other relevant agencies1 certifies that the alien is admissible to the ,united ,states4 4 #ddab4 ,visa revocation information ,section #dbh of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7 is amended by adding at the end the following3 7j7 ,visa revocation information ,if the ,secretary of ,state or the ,secretary of ,homeland ,security revoke a visa-- 7#a7 the fact of the revocation shall be immediately provided to the relevant consular officers1 law enforcement1 and terrorist screening databases2 and 7#b7 a notice of such revocation shall be posted to all ,department of ,homeland ,security port inspectors and to all consular officers4 4 #ddac4 ,status for certain battered spouses and children 7a7 ,nonimmigrant status for certain battered spouses and children ,section #aja7;a77#ea7 7#h ,u4,s4,c4 #aaja7;a77#ea771 as amended by section #bcje7;d77#f77;,b77i77,,iii71 is further amended-- 7#a7 in subparagraph 7,e71 by striking or at the end2 7#b7 in subparagraph 7,f71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7,g7 section #ajf as an abused derivative alien4 4 7b7 ,relief for abused derivative aliens 7#a7 ,in general ,section #ajf 7#h ,u4,s4,c4 #aaje;a7 is amended to read as follows3 #ajf4 ,relief for abused derivative aliens 7a7 ,abused derivative alien defined ,in this section1 the term abused derivative alien means an alien who-- 7#a7 is the spouse or child admitted under section #aja7;a77#ae7 or pursuant to a blue card status granted under section #bbaa of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 7#b7 is accompanying or following to join a principal alien admitted under such a section2 and 7#c7 has been subjected to battery or extreme cruelty by such principal alien4 7b7 ,relief for abused derivative aliens ,the ,secretary of ,homeland ,security-- 7#a7 shall grant or extend the status of admission of an abused derivative alien under section #aja7;a77#ae7 or section #bbaa of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act under which the principal alien was admitted for the longer of-- 7,a7 the same period for which the principal was initially admitted2 or 7,b7 a period of #c years2 7#b7 may renew a grant or extension of status made under paragraph 7#a72 7#c7 shall grant employment authorization to an abused derivative alien2 and 7#d7 may adjust the status of the abused derivative alien to that of an alien lawfully admitted for permanent residence if-- 7,a7 the alien is admissible under section #bab7;a7 or the ,secretary of ,homeland ,security finds the alien's continued presence in the ,united ,states is justified on humanitarian grounds1 to ensure family unity1 or is otherwise in the public interest2 and 7,b7 the status under which the principal alien was admitted to the ,united ,states would have potentially allowed for eventual adjustment of status4 7c7 ,effect of termination of relationship ,termination of the relationship with principal alien shall not affect the status of an abused derivative alien under this section if battery or extreme cruelty by the principal alien was #a central reason for termination of the relationship4 7d7 ,procedures ,requests for relief under this section shall be handled under the procedures that apply to aliens seeking relief under section #bjd7;a77#a77;,c74 4 7#b7 ,table of contents amendment ,the table of contents in the first section is amended by striking the item relating to section #ajf and inserting the following3 ,sec4 #ajf4 ,relief for abused derivative aliens4 4 #ddad4 ,nonimmigrant crewmen landing temporarily in ,hawaii 7a7 ,in general ,section #aja7;a77#ae77;,d77ii7 7#h ,u4,s4,c4 #aaja7;a77#ae77;,d77ii77 is amended-- 7#a7 by striking ,guam both places that term appears and inserting ,hawaii1 ,guam12 and 7#b7 by striking the semicolon at the end and inserting or some other vessel or aircraft24 7b7 ,treatment of departures ,in the administration of section #aja7;a77#ae77;,d77ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,d77ii771 an alien crewman shall be considered to have departed from ,hawaii1 ,guam1 or the ,commonwealth of the ,northern ,mariana ,islands after leaving the territorial waters of ,hawaii1 ,guam1 or the ,commonwealth of the ,northern ,mariana ,islands1 respectively1 without regard to whether the alien arrives in a foreign state before returning to ,hawaii1 ,guam1 or the ,commonwealth of the ,northern ,mariana ,islands4 7c7 ,conforming amendment ,the ,act entitled ,an ,act to amend the ,immigration and ,nationality ,act to permit nonimmigrant alien crewmen on fishing vessels to stop temporarily at ports in ,guam1 approved ,october #ba1 #aihf 7,public ,law #ii-eje2 #h ,u4,s4,c4 #aaja note7 is amended by striking section #b4 #ddae4 ,treatment of compact of free association migrants 7a7 ,in general ,title ,,ii 7#h ,u4,s4,c4 #aaea et seq47 is amended by inserting after section #bad the following3 #bad;,a4 ,treatment of compact of free association migrants ,notwithstanding any other provision of law1 with respect to eligibility for benefits for the ,federal program defined in #djb7;b77#c77;,c7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afab7;b77#c77;,c77 7relating to the ,medicaid program71 sections #dja7;a71 #djb7;b77#a71 and #djc7;a7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afaa7;a71 #afab7;b77#a71 #afac7;a77 shall not apply to any individual who lawfully resides in the ,united ,states in accordance with the ,compacts of ,free ,association between the ,government of the ,united ,states and the ,governments of the ,federated ,states of ,micronesia1 the ,republic of the ,marshall ,islands1 and the ,republic of ,palau4 ,any individual to which the preceding sentence applies shall be considered to be a qualified alien for purposes of title ,,iv of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afja et seq471 but only with respect to the designated ,federal program defined in section #djb7;b77#c77;,c7 of such ,act 7relating to the ,medicaid program7 7#h ,u4,s4,c4 #afab7;b77#c77;,c774 4 7b7 ,conforming amendments ,section #aajh of the ,social ,security ,act 7#db ,u4,s4,c4 #acjh7 is amended-- 7#a7 in subsection 7f71 in the matter preceding paragraph 7#a71 by striking subsection 7g7 and inserting subsections 7g7 and 7h72 and 7#b7 by adding at the end the following3 7h7 ,the limitations of subsections 7f7 and 7g7 shall not apply with respect to medical assistance provided to an individual described in section #bad;,a of the ,immigration and ,nationality ,act4 4 7c7 ,effective date ,the amendments made by this section shall apply to benefits for items and services furnished on or after the date of the enactment of this ,act4 #ddaf4 ,international participation in the performing arts ,section #bad7;c77#f77;,d7 7#h ,u4,s4,c4 #aahd7;c77#f77;,d77 is amended-- 7#a7 in the first sentence1 by inserting 7i7 before ,any person2 7#b7 in the second sentence-- 7,a7 by striking ,once and inserting ,except as provided in clause 7ii71 once2 and 7,b7 by striking ,attorney ,general shall and inserting ,secretary of ,homeland ,security shall2 7#c7 in the third sentence1 by striking ,the ,attorney ,general and inserting ,the ,secretary2 and 7#d7 by adding at the end the following3 7ii7 ,the ,secretary of ,homeland ,security shall adjudicate each petition for an alien with extraordinary ability in the arts 7as described in section #aja7;a77#ae77,o77i771 an alien accompanying such an alien 7as described in clauses 7ii7 and 7iii7 of section #aja7;a77#ae77,o771 or an alien described in section #aja7;a77#ae77,p7 7other than an alien described in paragraph 7#d77;,a7 7relating to athletes77 not later than #ad days after-- 7,i7 the date on which the petitioner submits the petition with a written advisory opinion1 letter of no objection1 or request for a waiver2 or 7,,ii7 the date on which the #ae-;day period described in clause 7i7 has expired1 if the petitioner has had an appropriate opportunity to supply rebuttal evidence4 7iii7 ,if a petition described in clause 7ii7 is not adjudicated before the end of the #ad-;day period described in clause 7ii7 and the petitioner is an arts organization described in paragraph 7#c71 7#e71 or 7#f7 of section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code for the taxable year preceding the calendar year in which the petition is submitted1 or an individual or entity petitioning primarily on behalf of such an organization1 the ,secretary of ,homeland ,security shall provide the petitioner with the premium processing services referred to in section #bhf7u71 without a fee4 4 #ddag4 ,limitation on eligibility of certain nonimmigrants for health-related programs 7a7 ,in general ,section #aijc7v77#d77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7v77#d77;,a77 is amended by inserting 1 but not including a nonimmigrant described in subparagraph 7,b7 or 7,f7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act after section #dca7;c7 of such ,act4 7b7 ,conforming changes to regulations 7#a7 ,secretary of ,health and ,human ,services ,the ,secretary of ,health and ,human ,services shall conform all regulations promulgated by the ,secretary of ,health and ,human ,services that reference the term lawfully present for purposes of health-related programs administered by the ,secretary of ,health and ,human ,services to reflect the amendment made by subsection 7a7 to the definition of lawfully residing in section #aijc7v77#d77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7v77#d77;,a774 7#b7 ,secretary of the ,treasury ,the ,secretary of the ,treasury shall make the same changes to regulations promulgated by the ,secretary of the ,treasury that reference the term lawfully present for purposes of health-related programs administered by the ,secretary of the ,treasury as the ,secretary of ,health and ,human ,services makes under paragraph 7#a74 ,e ,,jolt ,act #deja4 ,short titles ,this subtitle may be cited as the ,jobs ,originated through ,launching ,travel ,act of #bjac or the ,,jolt ,act of #bjac4 #dejb4 ,premium processing ,section #bba 7#h ,u4,s4,c4 #abja7 is amended by inserting at the end the following3 7j7 ,premium processing 7#a7 ,pilot processing service ,recognizing that the best solution for expedited processing is low interview wait times for all applicants1 the ,secretary of ,state shall nevertheless establish1 on a limited1 pilot basis only1 a fee-based premium processing service to expedite interview appointments4 ,in establishing a pilot processing service1 the ,secretary may-- 7,a7 determine the consular posts at which the pilot service will be available2 7,b7 establish the duration of the pilot service2 7,c7 define the terms and conditions of the pilot service1 with the goal of expediting visa appointments and the interview process for those electing to pay said fee for the service2 and 7,d7 resources permitting1 during the pilot service1 consider the addition of consulates in locations advantageous to foreign policy objectives or in highly populated locales4 7#b7 ,fees 7,a7 ,authority to collect ,the ,secretary of ,state is authorized to collect1 and set the amount of1 a fee imposed for the premium processing service4 ,the ,secretary of ,state shall set the fee based on all relevant considerations including1 the cost of expedited service4 7,b7 ,use of fees ,fees collected under the authority of subparagraph 7,a7 shall be deposited as an offsetting collection to any ,department of ,state appropriation1 to recover the costs of providing consular services4 ,such fees shall remain available for obligation until expended4 7,c7 ,relationship to other fees ,such fee is in addition to any existing fee currently being collected by the ,department of ,state4 7,d7 ,nonrefundable ,such fee will be nonrefundable to the applicant4 7#c7 ,description of premium processing ,premium processing pertains solely to the expedited scheduling of a visa interview4 ,utilizing the premium processing service for an expedited interview appointment does not establish the applicant's eligibility for a visa4 ,the ,secretary of ,state shall1 if possible1 inform applicants utilizing the premium processing of potential delays in visa issuance due to additional screening requirements1 including necessary security-related checks and clearances4 7#d7 ,report to ,congress 7,a7 ,requirement for report ,not later than #ah months after the date of the enactment of the ,,jolt ,act of #bjac1 the ,secretary of ,state shall submit to the appropriate committees of ,congress a report on the results of the pilot service carried out under this section4 7,b7 ,appropriate committees of ,congress defined ,in this paragraph1 the term appropriate committees of ,congress means-- 7i7 the ,committee on the ,judiciary1 the ,committee on ,foreign ,relations1 and the ,committee on ,appropriations of the ,senate2 and 7ii7 the ,committee on the ,judiciary1 the ,committee on ,foreign ,affairs1 and the ,committee on ,appropriations of the ,house of ,representatives4 4 #dejc4 ,encouraging ,canadian tourism to the ,united ,states ,section #bad 7#h ,u4,s4,c4 #aahd71 as amended by sections #cfji1 #dbcc1 and #ddje1 is further amended by adding at the end the following3 7v7 ,canadian retirees 7#a7 ,in general ,the ,secretary of ,homeland ,security may admit as a visitor for pleasure as described in section #aja7;a77#ae77;,b7 any alien for a period not to exceed #bdj days1 if the alien demonstrates1 to the satisfaction of the ,secretary1 that the alien-- 7,a7 is a citizen of ,canada2 7,b7 is at least #ee years of age2 7,c7 maintains a residence in ,canada2 7,d7 owns a residence in the ,united ,states or has signed a rental agreement for accommodations in the ,united ,states for the duration of the alien's stay in the ,united ,states2 7,e7 is not inadmissible under section #bab2 7,f7 is not described in any ground of deportability under section #bcg2 7,g7 will not engage in employment or labor for hire in the ,united ,states2 and 7,h7 will not seek any form of assistance or benefit described in section #djc7;a7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac7;a774 7#b7 ,spouse ,the spouse of an alien described in paragraph 7#a7 may be admitted under the same terms as the principal alien if the spouse satisfies the requirements of paragraph 7#a71 other than subparagraphs 7,b7 and 7,d74 7#c7 ,immigrant intent ,in determining eligibility for admission under this subsection1 maintenance of a residence in the ,united ,states shall not be considered evidence of intent by the alien to abandon the alien's residence in ,canada4 7#d7 ,period of admission ,during any single #cfe-;day period1 an alien may be admitted as described in section #aja7;a77#ae77;,b7 pursuant to this subsection for a period not to exceed #bdj days1 beginning on the date of admission4 ,unless an extension is approved by the ,secretary1 periods of time spent outside the ,united ,states during such #bdj-;day period shall not toll the expiration of such #bdj-;day period4 4 #dejd4 ,retiree visa 7a7 ,nonimmigrant status ,section #aja7;a77#ae71 as amended1 is further amended by inserting after subparagraph 7,x7 the following3 7,y7 subject to section #bad7w71 an alien who1 after the date of the enactment of the ,,jolt ,act of #bjac-- 7i7 7,i7 uses at least #ejj1jjj in cash to purchase #a or more residences in the ,united ,states1 which each sold for more than #ajj percent of the most recent appraised value of such residence1 as determined by the property assessor in the city or county in which the residence is located2 7,,ii7 maintains ownership of residential property in the ,united ,states worth at least #ejj1jjj during the entire period the alien remains in the ,united ,states as a nonimmigrant described in this subparagraph2 and 7,,iii7 resides for more than #ahj days per year in a residence in the ,united ,states that is worth at least #bej1jjj2 and 7ii7 the alien spouse and children of the alien described in clause 7i7 if accompanying or following to join the alien4 4 7b7 ,visa application procedures ,section #bad 7#h ,u4,s4,c4 #aahd71 as amended by sections #cfji1 #dbcc1 #ddje1 and #dejc1 is further amended by adding at the end the following3 7w7 ,visas of nonimmigrants described in section #aja7;a77#ae77,y7 7#a7 ,the ,secretary of ,homeland ,security shall authorize the issuance of a nonimmigrant visa to any alien described in section #aja7;a77#ae77,y7 who submits a petition to the ,secretary that-- 7,a7 demonstrates1 to the satisfaction of the ,secretary1 that the alien-- 7i7 has purchased a residence in the ,united ,states that meets the criteria set forth in section #aja7;a77#ae77,y77i72 7ii7 is at least #ee years of age2 7iii7 possesses health insurance coverage2 7iv7 is not inadmissible under section #bab2 and 7v7 will comply with the terms set forth in paragraph 7#b72 and 7,b7 includes payment of a fee in an amount equal to #a1jjj4 7#b7 ,an alien who is issued a visa under this subsection-- 7,a7 shall reside in the ,united ,states at a residence that meets the criteria set forth in section #aja7;a77#ae77,y77i7 for more than #ahj days per year2 7,b7 is not authorized to engage in employment in the ,united ,states1 except for employment that is directly related to the management of the residential property described in section #aja7,y77i77,,ii72 7,c7 is not eligible for any form of assistance or benefit described in section #djc7;a7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac7;a772 and 7,d7 may renew such visa every #c years under the same terms and conditions4 4 7c7 ,use of fee ,fees collected under section #bad7w77#a77;,b7 of the ,immigration and ,nationality ,act1 as added by subsection 7b71 shall be deposited in the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a74 #deje4 ,incentives for foreign visitors visiting the ,united ,states during low peak seasons ,the ,secretary of ,state shall make publically available1 on a monthly basis1 historical data1 for the previous #b years1 regarding the availability of visa appointments for each visa processing post1 to allow applicants to identify periods of low demand1 when wait times tend to be lower4 #dejf4 ,visa waiver program enhanced security and reform 7a7 ,definitions ,section #bag7;c77#a7 7#h ,u4,s4,c4 #aahg7;c77#a77 is amended to read as follows3 7#a7 ,authority to designate2 definitions 7,a7 ,authority to designate ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 may designate any country as a program country if that country meets the requirements under paragraph 7#b74 7,b7 ,definitions ,in this subsection3 7i7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,i7 the ,committee on ,foreign ,relations1 the ,committee on ,homeland ,security and ,governmental ,affairs1 and the ,committee on the ,judiciary of the ,senate2 and 7,,ii7 the ,committee on ,foreign ,affairs1 the ,committee on ,homeland ,security1 and the ,committee on the ,judiciary of the ,house of ,representatives4 7ii7 ,overstay rate 7,i7 ,initial designation ,the term overstay rate means1 with respect to a country being considered for designation in the program1 the ratio of-- 7aa7 the number of nationals of that country who were admitted to the ,united ,states on the basis of a nonimmigrant visa under section #aja7;a77#ae77;,b7 whose periods of authorized stay ended during a fiscal year but who remained unlawfully in the ,united ,states beyond such periods2 to 7bb7 the number of nationals of that country who were admitted to the ,united ,states on the basis of a nonimmigrant visa under section #aja7;a77#ae77;,b7 whose periods of authorized stay ended during that fiscal year4 7,,ii7 ,continuing designation ,the term overstay rate means1 for each fiscal year after initial designation under this section with respect to a country1 the ratio of-- 7aa7 the number of nationals of that country who were admitted to the ,united ,states under this section or on the basis of a nonimmigrant visa under section #aja7;a77#ae77;,b7 whose periods of authorized stay ended during a fiscal year but who remained unlawfully in the ,united ,states beyond such periods2 to 7bb7 the number of nationals of that country who were admitted to the ,united ,states under this section or on the basis of a nonimmigrant visa under section #aja7;a77#ae77;,b7 whose periods of authorized stay ended during that fiscal year4 7,,iii7 ,computation of overstay rate ,in determining the overstay rate for a country1 the ,secretary of ,homeland ,security may utilize information from any available databases to ensure the accuracy of such rate4 7iii7 ,program country ,the term program country means a country designated as a program country under subparagraph 7,a74 4 7b7 ,technical and conforming amendments ,section #bag 7#h ,u4,s4,c4 #aahg7 is amended-- 7#a7 by striking ,attorney ,general each place the term appears 7except in subsection 7c77#aa77;,b77 and inserting ,secretary of ,homeland ,security2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b77;,c77iii71 by striking ,committee on the ,judiciary and the ,committee on ,international ,relations of the ,house of ,representatives and the ,committee on the ,judiciary and the ,committee on ,foreign ,relations of the ,senate and inserting appropriate congressional committees2 7,b7 in paragraph 7#e77;,a77i77,,iii71 by striking ,committee on the ,judiciary1 the ,committee on ,foreign ,affairs1 and the ,committee on ,homeland ,security1 of the ,house of ,representatives and the ,committee on the ,judiciary1 the ,committee on ,foreign ,relations1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and inserting appropriate congressional committees2 and 7,c7 in paragraph 7#g71 by striking subparagraph 7,e74 7c7 ,designation of program countries based on overstay rates 7#a7 ,in general ,section #bag7;c77#b77;,a7 7#h ,u4,s4,c4 #aahg7;c77#b77;,a77 is amended to read as follows3 7,a7 ,general numerical limitations 7i7 ,low nonimmigrant visa refusal rate ,the percentage of nationals of that country refused nonimmigrant visas under section #aja7;a77#ae77;,b7 during the previous full fiscal year was not more than #c percent of the total number of nationals of that country who were granted or refused nonimmigrant visas under such section during such year4 7ii7 ,low nonimmigrant overstay rate ,the overstay rate for that country was not more than #c percent during the previous fiscal year4 4 7#b7 ,qualification criteria ,section #bag7;c77#c7 7#h ,u4,s4,c4 #aahg7;c77#c77 is amended to read as follows3 7#c7 ,qualification criteria ,after designation as a program country under section #bag7;c77#b71 a country may not continue to be designated as a program country unless the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 determines1 pursuant to the requirements under paragraph 7#e71 that the designation will be continued4 4 7#c7 ,initial period ,section #bag7;c7 7#h ,u4,s4,c4 #aahg7;c77 is amended by striking paragraph 7#d74 7#d7 ,continuing designation ,section #bag7;c77#e77;,a77i77,,ii7 7#h ,u4,s4,c4 #aahg7;c77#e77;,a77i77,,ii77 is amended to read as follows3 7,,ii7 shall determine1 based upon the evaluation in subclause 7,i71 whether any such designation under subsection 7d7 or 7f71 or probation under subsection 7f71 ought to be continued or terminated2 4 7#e7 ,computation of visa refusal rates2 judicial review ,section #bag7;c77#f7 7#h ,u4,s4,c4 #aahg7;c77#f77 is amended to read as follows3 7#f7 ,computation of visa refusal rates and judicial review 7,a7 ,computation of visa refusal rates ,for purposes of determining the eligibility of a country to be designated as a program country1 the calculation of visa refusal rates shall not include any visa refusals which incorporate any procedures based on1 or are otherwise based on1 race1 sex1 or disability1 unless otherwise specifically authorized by law or regulation4 7,b7 ,judicial review ,no court shall have jurisdiction under this section to review any visa refusal1 the ,secretary of ,state's computation of a visa refusal rate1 the ,secretary of ,homeland ,security's computation of an overstay rate1 or the designation or nondesignation of a country as a program country4 4 7#f7 ,visa waiver information ,section #bag7;c77#g7 7#h ,u4,s4,c4 #aahg7;c77#g771 as amended by subsection 7b77#b77;,c71 is further amended-- 7,a7 by striking subparagraphs 7,b7 through 7,d72 and 7,b7 by striking waiver information4-- and all that follows through ,in refusing and inserting waiver information4--,in refusing4 7#g7 ,waiver authority ,section #bag7;c77#h7 7#h ,u4,s4,c4 #aahg7;c77#h77 is amended to read as follows3 7#h7 ,waiver authority ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 may waive the application of paragraph 7#b77;,a77i7 for a country if-- 7,a7 the country meets all other requirements of paragraph 7#b72 7,b7 the ,secretary of ,homeland ,security determines that the totality of the country's security risk mitigation measures provide assurance that the country's participation in the program would not compromise the law enforcement1 security interests1 or enforcement of the immigration laws of the ,united ,states2 7,c7 there has been a general downward trend in the percentage of nationals of the country refused nonimmigrant visas under section #aja7;a77#ae77;,b72 7,d7 the country consistently cooperated with the ,government of the ,united ,states on counterterrorism initiatives1 information sharing1 preventing terrorist travel1 and extradition to the ,united ,states of individuals 7including the country's own nationals7 who commit crimes that violate ,united ,states law before the date of its designation as a program country1 and the ,secretary of ,homeland ,security and the ,secretary of ,state assess that such cooperation is likely to continue2 and 7,e7 the percentage of nationals of the country refused a nonimmigrant visa under section #aja7;a77#ae77;,b7 during the previous full fiscal year was not more than #aj percent of the total number of nationals of that country who were granted or refused such nonimmigrant visas4 4 7d7 ,termination of designation2 probation ,section #bag7;f7 7#h ,u4,s4,c4 #aahg7;f77 is amended to read as follows3 7f7 ,termination of designation2 probation 7#a7 ,definitions ,in this subsection3 7,a7 ,probationary period ,the term probationary period means the fiscal year in which a probationary country is placed in probationary status under this subsection4 7,b7 ,program country ,the term program country has the meaning given that term in subsection 7c77#a77;,b74 7#b7 ,determination1 notice1 and initial probationary period 7,a7 ,determination of probationary status and notice of noncompliance ,as part of each program country's periodic evaluation required by subsection 7c77#e77;,a71 the ,secretary of ,homeland ,security shall determine whether a program country is in compliance with the program requirements under subparagraphs 7,a77ii7 through 7,f7 of subsection 7c77#b74 7,b7 ,initial probationary period ,if the ,secretary of ,homeland ,security determines that a program country is not in compliance with the program requirements under subparagraphs 7,a77ii7 through 7,f7 of subsection 7c77#b71 the ,secretary of ,homeland ,security shall place the program country in probationary status for the fiscal year following the fiscal year in which the periodic evaluation is completed4 7#c7 ,actions at the end of the initial probationary period ,at the end of the initial probationary period of a country under paragraph 7#b77;,b71 the ,secretary of ,homeland ,security shall take #a of the following actions3 7,a7 ,compliance during initial probationary period ,if the ,secretary determines that all instances of noncompliance with the program requirements under subparagraphs 7,a77ii7 through 7,f7 of subsection 7c77#b7 that were identified in the latest periodic evaluation have been remedied by the end of the initial probationary period1 the ,secretary shall end the country's probationary period4 7,b7 ,noncompliance during initial probationary period ,if the ,secretary determines that any instance of noncompliance with the program requirements under subparagraphs 7,a77ii7 through 7,f7 of subsection 7c77#b7 that were identified in the latest periodic evaluation has not been remedied by the end of the initial probationary period-- 7i7 the ,secretary may terminate the country's participation in the program2 or 7ii7 on an annual basis1 the ,secretary may continue the country's probationary status if the ,secretary1 in consultation with the ,secretary of ,state1 determines that the country's continued participation in the program is in the national interest of the ,united ,states4 7#d7 ,actions at the end of additional probationary periods ,at the end of all probationary periods granted to a country pursuant to paragraph 7#c77;,b77ii71 the ,secretary shall take #a of the following actions3 7,a7 ,compliance during additional period ,the ,secretary shall end the country's probationary status if the ,secretary determines during the latest periodic evaluation required by subsection 7c77#e77;,a7 that the country is in compliance with the program requirements under subparagraphs 7,a77ii7 through 7,f7 of subsection 7c77#b74 7,b7 ,noncompliance during additional periods ,the ,secretary shall terminate the country's participation in the program if the ,secretary determines during the latest periodic evaluation required by subsection 7c77#e77;,a7 that the program country continues to be in noncompliance with the program requirements under subparagraphs 7,a77ii7 through 7,f7 of subsection 7c77#b74 7#e7 ,effective date ,the termination of a country's participation in the program under paragraph 7#c77;,b7 or 7#d77;,b7 shall take effect on the first day of the first fiscal year following the fiscal year in which the ,secretary determines that such participation shall be terminated4 ,until such date1 nationals of the country shall remain eligible for a waiver under subsection 7a74 7#f7 ,treatment of nationals after termination ,for purposes of this subsection and subsection 7d7-- 7,a7 nationals of a country whose designation is terminated under paragraph 7#c7 or 7#d7 shall remain eligible for a waiver under subsection 7a7 until the effective date of such termination2 and 7,b7 a waiver under this section that is provided to such a national for a period described in subsection 7a77#a7 shall not1 by such termination1 be deemed to have been rescinded or otherwise rendered invalid1 if the waiver is granted prior to such termination4 7#g7 ,consultative role of the ,secretary of ,state ,in this subsection1 references to subparagraphs 7,a77ii7 through 7,f7 of subsection 7c77#b7 and subsection 7c77#e77;,a7 carry with them the consultative role of the ,secretary of ,state as provided in those provisions4 4 7e7 ,review of overstay tracking methodology ,not later than #ahj days after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a review of the methods used by the ,secretary-- 7#a7 to track aliens entering and exiting the ,united ,states2 and 7#b7 to detect any such alien who stays longer than such alien's period of authorized admission4 7f7 ,evaluation of electronic system for travel authorization ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall submit to ,congress-- 7#a7 an evaluation of the security risks of aliens who enter the ,united ,states without an approved ,electronic ,system for ,travel ,authorization verification2 and 7#b7 a description of any improvements needed to minimize the number of aliens who enter the ,united ,states without the verification described in paragraph 7#a74 7g7 ,sense of ,congress on priority for review of program countries ,it is the sense of ,congress that the ,secretary1 in the process of conducting evaluations of countries participating in the visa waiver program under section #bag of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg71 should prioritize the reviews of countries in which circumstances indicate that such a review is necessary or desirable4 7h7 ,eligibility of ,hong ,kong ,special ,administrative ,region for designation for participation in visa waiver program for certain visitors to the ,united ,states ,section #bag7;c7 7#h ,u4,s4,c4 #aahg7;c77 is amended by adding at the end the following new paragraph3 7#ab7 ,eligibility of certain region for designation as program country ,the ,hong ,kong ,special ,administrative ,region of the ,people's ,republic of ,china-- 7,a7 shall be eligible for designation as a program country for purposes of this subsection2 and 7,b7 may be designated as a program country for purposes of this subsection if such region meets requirements applicable for such designation in this subsection4 4 #dejg4 ,expediting entry for priority visitors ,section #gbjh7k77#d7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#h ,u4,s4,c4 #acfe;b7k77#d77 is amended to read as follows3 7#d7 ,expediting entry for priority visitors 7,a7 ,in general ,the ,secretary of ,homeland ,security may expand the enrollment across registered traveler programs to include eligible individuals employed by international organizations1 selected by the ,secretary1 which maintain strong working relationships with the ,united ,states4 7,b7 ,requirements ,an individual may not be enrolled in a registered traveler program unless-- 7i7 the individual is sponsored by an international organization selected by the ,secretary under subparagraph 7,a72 and 7ii7 the government that issued the passport that the individual is using has entered into a ,trusted ,traveler ,arrangement with the ,department of ,homeland ,security to participate in a registered traveler program4 7,c7 ,security requirements ,an individual may not be enrolled in a registered traveler program unless the individual has successfully completed all applicable security requirements established by the ,secretary1 including cooperation from the applicable foreign government1 to ensure that the individual does not pose a risk to the ,united ,states4 7,d7 ,discretion ,except as provided in subparagraph 7,e71 the ,secretary shall retain unreviewable discretion to offer or revoke enrollment in a registered traveler program to any individual4 7,e7 ,ineligible travelers ,an individual who is a citizen of a state sponsor of terrorism 7as defined in section #cja7ac7 of the ,comprehensive ,iran ,sanctions1 ,accountability1 and ,divestment ,act of #bjaj 7#bb ,u4,s4,c4 #heda7ac77 may not be enrolled in a registered traveler program4 4 #dejh4 ,visa processing 7a7 ,in general ,notwithstanding any other provision of law and not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state shall-- 7#a7 require ,united ,states diplomatic and consular missions-- 7,a7 to conduct visa interviews for nonimmigrant visa applications determined to require a consular interview in an expeditious manner1 consistent with national security requirements1 and in recognition of resource allocation considerations1 such as the need to ensure provision of consular services to citizens of the ,united ,states2 7,b7 to set a goal of interviewing #hj percent of all nonimmigrant visa applicants1 worldwide1 within #c weeks of receipt of application1 subject to the conditions outlined in subparagraph 7,a72 and 7,c7 to explore expanding visa processing capacity in ,china and ,brazil1 with the goal of maintaining interview wait times under #ae work days on a consistent1 year-round basis1 recognizing that demand can spike suddenly and unpredictably and that the first priority of ,united ,states missions abroad is the protection of citizens of the ,united ,states2 and 7#b7 submit to the appropriate committees of ,congress a detailed strategic plan that describes the resources needed to carry out paragraph 7#a77;,a74 7b7 ,appropriate committees of ,congress ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on the ,judiciary1 the ,committee on ,foreign ,relations1 and the ,committee on ,appropriations of the ,senate2 and 7#b7 the ,committee on the ,judiciary1 the ,committee on ,foreign ,affairs1 and the ,committee on ,appropriations of the ,house of ,representatives4 7c7 ,semi-,annual report ,not later than #cj days after the end of the first #f months after the implementation of subsection 7a71 and not later than #cj days after the end of each subsequent quarter1 the ,secretary of ,state shall submit to the appropriate committees of ,congress a report that provides-- 7#a7 data substantiating the efforts of the ,secretary of ,state to meet the requirements and goals described in subsection 7a72 7#b7 any factors that have negatively impacted the efforts of the ,secretary to meet such requirements and goals2 and 7#c7 any measures that the ,secretary plans to implement to meet such requirements and goals4 7d7 ,savings provision 7#a7 ,in general ,nothing in subsection 7a7 may be construed to affect a consular officer's authority-- 7,a7 to deny a visa application under section #bba7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;g772 or 7,b7 to initiate any necessary or appropriate security-related check or clearance4 7#b7 ,security checks ,the completion of a security-related check or clearance shall not be subject to the time limits set out in subsection 7a74 #deji4 ,b ,visa fee ,section #bha 7#h ,u4,s4,c4 #acea71 as amended by sections #daje1 #ddjg1 and #ddjh1 is further amended by adding at the end the following3 7g7 ,b visa fee ,in addition to the fees authorized under subsection 7a71 the ,secretary of ,homeland ,security shall collect a #e fee from each nonimmigrant admitted under section #aja7;a77#ae77;,b74 ,fees collected under this subsection shall be deposited into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif4 4 ,f ,reforms to the ,h-#b;,b ,visa ,program #dfja4 ,extension of returning worker exemption to ,h-#b;,b numerical limitation 7a7 ,in general 7#a7 ,in general ,subparagraph 7,a7 of paragraph 7#aj7 of section #bad7;g7 7#h ,u4,s4,c4 #aahd7;g771 as redesignated by section #daja7;a77#c71 is amended by striking fiscal year #bjjd1 #bjje1 or #bjjf shall not again be counted toward such limitation during fiscal year #bjjg4 and inserting fiscal year #bjac shall not again be counted toward such limitation during fiscal years #bjad through #bjah4 4 7#b7 ,effective period ,the amendment made by paragraph 7#a7 shall be effective during the period beginning on the effective date described in subsection 7c7 and ending on ,september #cj1 #bjah4 7b7 ,technical and clarifying amendments 7#a7 ,nonimmigrant status ,section #aja7;a77#ae77,p7 7#h ,u4,s4,c4 #aaja7;a77#ae77,p77 is amended-- 7,a7 in clause 7iii71 by striking or at the end2 7,b7 in clause 7iv71 by striking clause 7i71 7ii71 or 7iii71 and inserting clause 7i71 7ii71 7iii71 or 7iv72 7,c7 by redesignating clause 7iv7 as clause 7v72 and 7,d7 by inserting after clause 7iii7 the following3 7iv7 is a ski instructor1 who has been certified as a level ,i1 ,,ii1 or ,,iii ski and snowboard instructor by the ,professional ,ski ,instructors of ,america or the ,american ,association of ,snowboard ,instructors1 or received an equivalent certification in the alien's country of origin1 and is seeking to enter the ,united ,states temporarily to perform instructing services2 or 4 7#b7 ,authorized period of stay2 numerical limitation ,section #bad7;a77#b77;,b7 7#h ,u4,s4,c4 #aahd7;a77#b77;,b77 is amended in the second sentence-- 7,a7 by inserting or ski instructors after athletes2 and 7,b7 by inserting or ski instructor after athlete4 7#c7 ,construction ,nothing in the amendments made by this subsection may be construed as preventing an alien who is a ski instructor from obtaining nonimmigrant status under section #aja7;a77#ae77;,h77ii77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77b77 if such alien is otherwise qualified for such status4 7c7 ,effective date ,the amendment made by subsection 7a7 shall take effect as if enacted on ,january #a1 #bjac4 #dfjb4 ,other requirements for ,h-#b;,b employers ,section #bad 7#h ,u4,s4,c4 #aahd71 as amended by sections #cfji1 #dbcc1 #ddje1 #dejc1 and #dejd1 is further amended by adding at the end the following3 7x7 ,requirements for ,h-#b;,b employers 7#a7 ,h-#b;,b nonimmigrant defined ,in this subsection the term ,h-#b;,b nonimmigrant means an alien admitted to the ,united ,states pursuant to section #aja7;a77#ae77;,h77ii77,b74 7#b7 ,non-displacement of ,united ,states workers ,an employer who seeks to employ an ,h-#b;,b nonimmigrant admitted in an occupational classification shall certify and attest that the employer did not displace and will not displace a ,united ,states worker employed by the employer in the same metropolitan statistical area where such nonimmigrant will be hired within the period beginning #ij days before the start date and ending on the end date for which the employer is seeking the services of such nonimmigrant as specified on an application for labor certification under this ,act4 7#c7 ,transportation costs ,the employer shall pay the transportation costs1 including reasonable subsistence costs during the period of travel1 for an ,h-#b;,b nonimmigrant hired by the employer-- 7,a7 from the place of recruitment to the place of such nonimmigrant's employment2 and 7,b7 from the place of employment to such nonimmigrant's place of permanent residence or a subsequent worksite4 7#d7 ,payment of fees ,a fee related to the hiring of an ,h-#b;,b nonimmigrant required to be paid by an employer under this ,act shall be paid by the employer and may not be deducted from the wages or other compensation paid to an ,h-#b;,b nonimmigrant4 7#e7 ,h-#b;,b nonimmigrant labor certification application fee 7,a7 ,in general ,to recover costs of carrying out labor certification activities under the ,h-#b;,b program1 the ,secretary of ,labor shall impose a #ejj fee on an employer that submits an application for an employment certification for aliens granted ,h-#b;,b nonimmigrant status to the ,secretary of ,labor under this subparagraph on or after the date that is #cj days after the date of the enactment of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif4 4 7,b7 ,use of fees ,the fees collected under subparagraph 7,a7 shall be deposited in the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif4 4 #dfjc4 ,executives and managers ,section #bad7;a77#a7 7#h ,u4,s4,c4 #aahd7;a77#a77 is amended by adding at the end the following3 8,aliens admitted under section #aja7;a77#ae7 should include-- 7,a7 executives and managers employed by a firm or corporation or other legal entity or an affiliate or subsidiary thereof who are principally stationed abroad and who seek to enter the ,united ,states for periods of #ij days or less to oversee and observe the ,united ,states operations of their related companies1 and establish strategic objectives when needed2 or 7,b7 employees of multinational corporations who enter the ,united ,states to observe the operations of a related ,united ,states company and participate in select leadership and development training activities1 whether or not the activity is part of a formal or classroom training program for a period not to exceed #ahj days4 ,nonimmigrant aliens admitted pursuant to section #aja7;a77#ae7 and engaged in the activities described in the subparagraph 7,a7 or 7,b7 may not receive a salary from a ,united ,states source1 except for incidental expenses for meals1 travel1 lodging and other basic services4 4 #dfjd4 ,honoraria ,section #bab7q7 7#h ,u4,s4,c4 #aahb7q77 is amended to read as follows3 7q7 7#a7 ,any alien admitted under section #aja7;a77#ae77;,b7 may accept an honorarium payment and associated incidental expenses1 for a usual academic activity or activities 7lasting not longer than #i days at any single institution71 as defined by the ,attorney ,general in consultation with the ,secretary of ,education1 or for a performance1 appearance and participation in ,united ,states based programming1 including scripted or unscripted programming 7with services not rendered for more than #fj days in a #f month period7 if the alien has received a letter of invitation from the institution1 organization1 or media outlet1 such payment is offered by an institution1 organization1 or media outlet described in paragraph 7#b7 and is made for services conducted for the benefit of that institution1 entity or media outlet and if the alien has not accepted such payment or expenses from more than #e institutions1 organizations1 or media outlets in the previous #f-month period4 ,any alien who is admitted under section #aja7;a77#ae77;,b7 or any other valid visa may perform services under this section without reentering the ,united ,states and without a letter of invitation1 if the alien does not receive any remuneration including an honorarium payment or incidental expenses1 but may receive prize money4 7#b7 ,an institution1 organization1 or media outlet described in this paragraph-- 7,a7 an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a777 or a related or affiliated nonprofit entity2 7,b7 a nonprofit research organization or a governmental research organization2 and 7,c7 a broadcast network1 cable entity1 production company1 new media1 internet and mobile based companies1 who create or distribute programming content4 4 #dfje4 ,nonimmigrants participating in relief operations ,section #bad 7#h ,u4,s4,c4 #aahd71 as amended by sections #cfji1 #dbcc1 #ddje1 #dejc1 #dejd1 and #dfjb1 is further amended by adding at the end following3 7y7 ,nonimmigrants participating in relief operations 7#a7 ,in general ,an alien coming individually1 or aliens coming as a group1 to participate in relief operations1 including critical infrastructure repairs or improvements1 needed in response to a ,federal or ,state declared emergency or disaster1 may be admitted to the ,united ,states pursuant to section #aja7;a77#ae77;,b7 for a period of not more than #ij days if each such alien has been employed in a foreign country by #a employer for not less than #a year prior to the date the alien is so admitted4 7#b7 ,prohibition on direct payments from a united states source ,during a period of admission pursuant to paragraph 7#a71 an alien may not receive direct payments from a ,united ,states source1 except for incidental expenses for meals1 travel1 lodging1 and other basic services4 4 #dfjf4 ,nonimmigrants performing maintenance on common carriers ,section #bad 7#h ,u4,s4,c4 #aahd71 as amended by sections #cfji1 #dbcc1 #ddje1 #dejc1 #dejd1 #dfjb1 and #dfjc1 is further amended by adding at the end following3 7z7 ,nonimmigrants performing maintenance on common carrier 7#a7 ,in general ,an alien coming individually1 or aliens coming as a group1 who possess specialized knowledge to perform maintenance or repairs for common carriers1 including to airlines1 cruise lines1 and railways1 if such maintenance or repairs are occurring to equipment or machinery manufactured outside of the ,united ,states and are needed for purposes relating to life1 health1 and safety1 may be admitted to the ,united ,states pursuant to section #aja7;a77#ae77;,b7 for a period of not more than #ij days if each such alien has been employed in a foreign country by #a employer for not less than #a year prior to the date the alien is so admitted4 7#b7 ,prohibition on income from a ,united ,states source ,during a period of admission pursuant to paragraph 7#a71 an alien may not receive income from a ,united ,states source1 except for incidental expenses for meals1 travel1 lodging1 and other basic services4 7#c7 ,fee 7,a7 ,in general ,an alien admitted pursuant to paragraph 7#a7 shall pay a fee of #ejj in addition to any fee assessed to cover the costs to process an application under this subsection4 7,b7 ,use of fee ,the fees collected under subparagraph 7,a7 shall be deposited in the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif4 4 #dfjg4 ,american jobs in ,american forests 7a7 ,short title ,this section may be cited as the ,american ,jobs in ,american ,forests ,act of #bjac4 7b7 ,definitions ,in this section3 7#a7 ,forestry ,the term forestry means-- 7,a7 propagating1 protecting1 and managing forest tracts2 7,b7 felling trees and cutting them into logs2 7,c7 using hand tools or operating heavy powered equipment to perform activities such as preparing sites for planting1 tending crop trees1 reducing competing vegetation1 moving logs1 piling brush1 and yarding and trucking logs from the forest2 and 7,d7 planting seedlings and trees4 7#b7 ,h-#b;,b nonimmigrant ,the term ,h-#b;,b nonimmigrant means a nonimmigrant described in section #aja7;a77#ae77;,h77ii77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77b774 7#c7 ,prospective ,h-#b;,b employer ,the term prospective ,h-#b;,b employer means a ,united ,states business that is considering employing #a or more nonimmigrants described in section #aja7;a77#ae77;,h77ii77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77b774 7#d7 ,state workforce agency ,the term ,state workforce agency means the workforce agency of the ,state in which the prospective ,h-#b;,b employer intends to employ ,h-#b;,b nonimmigrants4 7c7 ,department of ,labor 7#a7 ,recruitment ,as a component of the labor certification process required before ,h-#b;,b nonimmigrants are offered forestry employment in the ,united ,states1 the ,secretary of ,labor shall require all prospective ,h-#b;,b employers1 before they submit a petition to hire ,h-#b;,b nonimmigrants to work in forestry1 to conduct a robust effort to recruit ,united ,states workers1 including1 to the extent the ,state workforce agency considers appropriate-- 7,a7 advertising at employment or job-placement events1 such as job fairs2 7,b7 placing the job opportunity with the ,state workforce agency and working with such agency to identify qualified and available ,united ,states workers2 7,c7 advertising in appropriate media1 including local radio stations and commonly used1 reputable ,internet job-search sites2 and 7,d7 such other recruitment efforts as the ,state workforce agency considers appropriate for the sector or positions for which ,h-#b;,b nonimmigrants would be considered4 7#b7 ,separate certifications and petitions ,a prospective ,h-#b;,b employer shall submit a separate application for temporary employment certification and petition for each ,state in which the employer plans to employ ,h-#b;,b nonimmigrants in forestry for a period of #g days or longer4 ,the ,secretary of ,labor shall review each application for temporary employment certification and decide separately whether certification is warranted4 7d7 ,state workforce agencies ,the ,secretary of ,labor may not grant a temporary labor certification to a prospective ,h-#b;,b employer seeking to employ ,h-#b;,b nonimmigrants in forestry until after the ,director of the ,state workforce agency1 in each ,state in which such workers are sought-- 7#a7 submits a report to the ,secretary of ,labor certifying that-- 7,a7 the employer has complied with all recruitment requirements set forth in subsection 7c77#a7 and there is legitimate demand for the employment of ,h-#b;,b nonimmigrants in each of those ,states2 or 7,b7 the employer has amended the application by removing or making appropriate modifications with respect to the ,states in which the criteria set forth in subparagraph 7,a7 have not been met2 and 7#b7 makes a formal determination that nationals of the ,united ,states are not qualified or available to fill the employment opportunities offered by the prospective ,h-#b;,b employer4 ,g ,w nonimmigrant visas #dgja4 ,bureau of ,immigration and ,labor ,market ,research 7a7 ,definitions ,in this section3 7#a7 ,bureau ,except as otherwise specifically provided1 the term ,bureau means the ,bureau of ,immigration and ,labor ,market ,research established under subsection 7b74 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of the ,bureau4 7#c7 ,construction occupation ,the term construction occupation means an occupation classified by the ,bureau of ,labor ,statistics as being within the construction industry for the purposes of publishing the ,bureau's workforce statistics4 7#d7 ,metropolitan statistical area ,the term metropolitan statistical area means a geographic area designated as a metropolitan statistical area by the ,director of the ,office of ,management and ,budget4 7#e7 ,shortage occupation ,the term shortage occupation means an occupation that the ,commissioner determines is experiencing a shortage of labor-- 7,a7 throughout the ,united ,states2 or 7,b7 in a specific metropolitan statistical area4 7#f7 ,w visa program ,the term ,w ,visa ,program means the program for the admission of nonimmigrant aliens described in subparagraph 7,w77i7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae771 as added by section #dgjb4 7#g7 ,zone #a occupation ,the term zone #a occupation means an occupation that requires little or no preparation and is classified as a zone #a occupation on-- 7,a7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of this ,act2 or 7,b7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after the date of the enactment of this ,act4 7#h7 ,zone #b occupation ,the term zone #b occupation means an occupation that requires some preparation and is classified as a zone #b occupation on-- 7,a7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of this ,act2 or 7,b7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after the date of the enactment of this ,act4 7#i7 ,zone #c occupation ,the term zone #c occupation means an occupation that requires medium preparation and is classified as a zone #c occupation on-- 7,a7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of this ,act2 or 7,b7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after the date of the enactment of this ,act4 7b7 ,establishment ,there is established a ,bureau of ,immigration and ,labor ,market ,research as an independent statistical agency within ,u4,s4 ,citizenship and ,immigration ,services4 7c7 ,commissioner ,the head of the ,bureau of ,immigration and ,labor ,market ,research is the ,commissioner1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7d7 ,duties ,the duties of the ,commissioner are limited to the following3 7#a7 ,to devise a methodology subject to publication in the ,federal ,register and an opportunity for public comment regarding the calculation for the index referred to in section #bbj7;g77#b77;,c7 of the ,immigration and ,nationality ,act1 as added by section #dgjc4 7#b7 ,to determine and to publish in the ,federal ,register the annual change to the numerical limitation for nonimmigrant aliens described in subparagraph 7,w77i7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae771 as added by section #dgjb4 7#c7 ,with respect to the ,w ,visa ,program1 to supplement the recruitment methods employers may use to attract ,united ,states workers and current nonimmigrant aliens described in paragraph 7#b74 7#d7 ,with respect to the ,w ,visa ,program1 to devise a methodology subject to publication in the ,federal ,register and an opportunity for public comment to designate shortage occupations in zone #a occupations1 zone #b occupations1 and zone #c occupations4 ,such methodology must designated ,alaskan seafood processing in zones #a1 #b1 and #c as shortage occupations4 7#e7 ,with respect to the ,w ,visa ,program1 to designate shortage occupations in any zone #a occupation1 zone #b occupation1 or zone #c occupation and publish such occupations in the ,federal ,register4 ,alaskan seafood processing in zones #a1 #b1 and #c must be designated as shortage occupations4 7#f7 ,with respect to the ,w ,visa ,program1 to conduct a survey once every #c months of the unemployment rate of zone #a occupations1 zone #b occupations1 or zone #c occupations that are construction occupations in each metropolitan statistical area4 7#g7 ,to study and report to ,congress on employment-based immigrant and nonimmigrant visa programs in the ,united ,states and to make annual recommendations to improve such programs4 7#h7 ,to carry out any functions required to perform the duties described in paragraphs 7#a7 through 7#g74 7e7 ,determination of changes to numerical limitations ,the methodology required under subsection 7d77#a7 shall be published in the ,federal ,register not later than #ah months after the date of the enactment of this ,act4 7f7 ,designation of shortage occupations 7#a7 ,methods to determine ,the ,commissioner shall-- 7,a7 establish the methodology to designate shortage occupations under subsection 7d77#d72 and 7,b7 publish such methodology in the ,federal ,register not later than #ah months after the date of the enactment of this ,act4 7#b7 ,petition by employer ,the methodology established under paragraph 7#a7 shall permit an employer to petition the ,commissioner for a determination that a particular occupation in a particular metropolitan statistical area is a shortage occupation4 7#c7 ,requirement for notice and comment ,the methodology established under paragraph 7#a7 shall be effective only after publication in the ,federal ,register and an opportunity for public comment4 7g7 ,employee expertise ,the employees of the ,bureau shall have the expertise necessary to identify labor shortages in the ,united ,states and make recommendations to the ,commissioner on the impact of immigrant and nonimmigrant aliens on labor markets in the ,united ,states1 including expertise in economics1 labor markets1 demographics and methods of recruitment of ,united ,states workers4 7h7 ,interagency cooperation ,at the request of the ,commissioner1 the ,secretary of ,commerce1 the ,director of the ,bureau of the ,census1 the ,secretary of ,labor1 and the ,commissioner of the ,bureau of ,labor ,statistics shall-- 7#a7 provide data to the ,commissioner2 7#b7 conduct appropriate surveys2 and 7#c7 assist the ,commissioner in preparing the recommendations referred to subsection 7d77#e74 7i7 ,budget 7#a7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall submit to ,congress a report of the estimated budget that the ,bureau will need to carry out the duties described in subsection 7d74 7#b7 ,audit ,the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that is an audit of the budget prepared by the ,director under paragraph 7#a74 7j7 ,funding 7#a7 ,appropriation of funds ,there is hereby appropriated1 out of any money in the ,treasury not otherwise appropriated1 #bj1jjj1jjj to establish the ,bureau4 7#b7 ,use of ,w nonimmigrant fees ,the amounts collected for fees under section #bbj7;e77#f77;,b7 of the ,immigration and ,nationality ,act1 as added by section #dgjc1 shall be used to establish and fund the ,bureau4 7#c7 ,other fees ,the ,secretary may establish other fees for the sole purpose of funding the ,w ,visa ,program1 including the ,bureau1 that are related to the hiring of alien workers4 #dgjb4 ,nonimmigrant classification for ,w nonimmigrants ,section #aja7;a77#ae77,w71 as added by section #bbaa1 is amended by inserting before clause 7iii7 the following3 7i7 to perform services or labor for a registered nonagricultural employer in a registered position 7as those terms are defined in section #bbj7;a77 in accordance with the requirements under section #bbj2 7ii7 to accompany or follow to join such an alien described in clause 7i7 as the spouse or child of such alien2 4 #dgjc4 ,admission of ,w nonimmigrant workers 7a7 ,in general ,chapter #b of title ,,ii 7#h ,u4,s4,c4 #aaha et seq47 is amended by adding at the end the following3 #bbj4 ,admission of ,w nonimmigrant workers 7a7 ,definitions ,in this section3 7#a7 ,bureau ,the term ,bureau means the ,bureau of ,immigration and ,labor ,market ,research established by section #dgja of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif4 7#b7 ,certified alien ,the term certified alien means an alien that the ,secretary of ,state has certified is eligible to be a ,w nonimmigrant if the alien is hired by a registered employer for a registered position4 7#c7 ,commissioner ,the term ,commissioner means the ,commissioner of the ,bureau4 7#d7 ,construction occupation ,the term construction occupation means an occupation defined by the ,bureau of ,labor ,statistics as being within the construction industry for the purposes of publishing the ,bureau's workforce statistics4 7#e7 ,department ,except as otherwise provided1 the term ,department means the ,department of ,homeland ,security4 7#f7 ,eligible occupation ,the term eligible occupation means an eligible occupation described in subsection 7e77#c74 7#g7 ,employer 7,a7 ,in general ,the term employer means any person or entity hiring an individual for employment in the ,united ,states4 7,b7 ,treatment of single employer ,for purposes of determining the number of employees or ,united ,states workers employed by an employer1 a single entity shall be treated as #a employer4 7#h7 ,excluded geographic location ,the term excluded geographic location means an excluded geographic location described in subsection 7f74 7#i7 ,initial ,w nonimmigrant ,the term initial ,w nonimmigrant means a certified alien issued a ,w nonimmigrant visa by the ,secretary of ,state pursuant to section #aja7;a77#ae77,w77i7 in order to seek initial admission to the ,united ,states to commence employment for a registered employer in a registered position subject to the numerical limit at section #bbj7;g74 7#aj7 ,metropolitan statistical area ,the term metropolitan statistical area means a geographic area designated as a metropolitan statistical area by the ,director of the ,office of ,management and ,budget4 7#aa7 ,registered employer ,the term registered employer means a nonagricultural employer that the ,secretary has designated as a registered employer under subsection 7d74 7#ab7 ,secretary ,except as otherwise specifically provided1 the term ,secretary means the ,secretary of ,homeland ,security4 7#ac7 ,single entity ,the term single entity means any group treated as a single employer under subsection 7b71 7c71 7m71 or 7o7 of section #dad of the ,internal ,revenue ,code of #aihf4 7#ad7 ,shortage occupation ,the term shortage occupation means a shortage occupation designated by the ,commissioner pursuant to section #dgja7;d77#d7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif4 7#ae7 ,small business ,the term small business means an employer that employs #be or fewer full-time equivalent employees4 7#af7 ,united ,states worker ,the term ,united ,states worker means an individual who is-- 7,a7 employed or seeking employment in the ,united ,states2 and 7,b7 7i7 a national of the ,united ,states2 7ii7 an alien lawfully admitted for permanent residence2 7iii7 an alien in ,registered ,provisional ,immigrant ,status2 or 7iv7 any other alien authorized to work in the ,united ,states with no limitation as to the alien's employer4 7#ag7 ,w nonimmigrant ,the term ,w nonimmigrant means an alien admitted as a nonimmigrant pursuant to section #aja7;a77#ae77,w77i74 7#ah7 ,w nonimmigrant visa ,the term ,w nonimmigrant visa means a visa issued to a certified alien by the ,secretary of ,state pursuant to section #aja7;a77#ae77,w77i74 7#ai7 ,w visa program ,the term ,w ,visa ,program means the program for the admission of nonimmigrant aliens described in section #aja7;a77#ae77,w77i74 7#bj7 ,zone #a occupation ,the term zone #a occupation means an occupation that requires little or no preparation and is classified as a zone #a occupation on-- 7,a7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif2 or 7,b7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after the date of the enactment of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif4 7#ba7 ,zone #b occupation ,the term zone #b occupation means an occupation that requires some preparation and is classified as a zone #b occupation on-- 7,a7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif2 or 7,b7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after the date of the enactment of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif4 7#bb7 ,zone #c occupation ,the term zone #c occupation means an occupation that requires medium preparation and is classified as a zone #c occupation on-- 7,a7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif2 or 7,b7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after the date of the enactment of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif4 7b7 ,admission into the ,united ,states 7#a7 ,w nonimmigrants ,subject to this section1 a certified alien is eligible to be admitted to the ,united ,states as a ,w nonimmigrant if the alien is hired by a registered employer for employment in a registered position in a location that is not an excluded geographic location4 7#b7 ,spouse and minor children ,the-- 7,a7 alien spouse and minor children of a ,w nonimmigrant may be admitted to the ,united ,states pursuant to clause 7ii7 of section #aja7;a77#ae77,w7 during the period of the principal ,w nonimmigrant's admission2 and 7,b7 such alien spouse shall be-- 7i7 authorized to engage in employment in the ,united ,states during such period of admission2 and 7ii7 provided with an employment authorization document1 stamp1 or other appropriate work permit4 7c7 ,w nonimmigrants 7#a7 ,certified alien 7,a7 ,application ,an alien seeking to be a ,w nonimmigrant shall apply to the ,secretary of ,state at a ,united ,states embassy or consulate in a foreign country to be a certified alien4 7,b7 ,criteria ,an alien is eligible to be a certified alien if the alien-- 7i7 is not inadmissible under this ,act2 7ii7 passes a criminal background check2 7iii7 agrees to accept only registered positions in the ,united ,states2 and 7iv7 meets other criteria as established by the ,secretary4 7#b7 ,w nonimmigrant status ,only an alien that is a certified alien may be admitted to the ,united ,states as a ,w nonimmigrant4 7#c7 ,initial employment ,a ,w nonimmigrant shall report to such nonimmigrant's initial employment in a registered position not later than #ad days after such nonimmigrant is admitted to the ,united ,states4 7#d7 ,term of admission 7,a7 ,initial term ,a certified alien may be granted ,w nonimmigrant status for an initial period of #c years4 7,b7 ,renewal ,a ,w nonimmigrant may renew his or her status as a ,w nonimmigrant for additional #c-year periods4 ,such a renewal may be made while the ,w nonimmigrant is in the ,united ,states and shall not require the alien to depart the ,united ,states4 7#e7 ,periods of unemployment ,a ,w nonimmigrant-- 7,a7 may be unemployed for a period of not more than #fj consecutive days2 and 7,b7 shall depart the ,united ,states if such ,w nonimmigrant is unable to obtain employment during such period4 7#f7 ,travel ,a ,w nonimmigrant may travel outside the ,united ,states and be readmitted to the ,united ,states4 ,such travel may not extend the period of authorized admission of such ,w nonimmigrant4 7d7 ,registered employer 7#a7 ,application ,an employer seeking to be a registered employer shall submit an application to the ,secretary4 ,each such application shall include the following3 7,a7 ,documentation to establish that the employer is a bona-fide employer4 7,b7 ,the employer's ,federal tax identification number or employer identification number issued by the ,internal ,revenue ,service4 7,c7 ,the number of ,w nonimmigrants the employer estimates it will seek to employ annually4 7#b7 ,referral for fraud investigation ,the ,secretary may refer an application submitted under paragraph 7#a7 or subsection 7e77#a77;,a7 to the ,fraud ,detection and ,national ,security ,directorate of ,u4,s4 ,citizenship and ,immigration ,services if there is evidence of fraud for potential investigation4 7#c7 ,ineligible employers 7,a7 ,in general ,notwithstanding any other applicable penalties under law1 the ,secretary may deny an employer's application to be a registered employer if the ,secretary determines1 after notice and an opportunity for a hearing1 that the employer submitting such application-- 7i7 has1 with respect to the application required under paragraph 7#a71 including any attestations required by law-- 7,i7 knowingly misrepresented a material fact2 7,,ii7 knowingly made a fraudulent statement2 or 7,,iii7 knowingly failed to comply with the terms of such attestations2 or 7ii7 failed to cooperate in the audit process in accordance with regulations promulgated by the ,secretary2 7iii7 has been convicted of an offense set out in chapter #gg of title #ah1 ,united ,states ,code1 or any conspiracy to commit such offenses1 or any human trafficking offense under ,state or territorial law2 7iv7 has1 within #b years prior to the date of application-- 7,i7 received a final adjudication of having committed any hazardous occupation orders violation resulting in injury or death under the child labor provisions contained in section #ab of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7 and any pertinent regulation2 7,,ii7 received a final adjudication assessing a civil money penalty for any repeated or willful violation of the minimum wage provisions of section #f of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf72 or 7,,iii7 received a final adjudication assessing a civil money penalty for any willful violation of the overtime provisions of section #g of the ,fair ,labor ,standards ,act of #aich or any regulations thereunder2 or 7v7 has1 within #b years prior to the date of application1 received a final adjudication for a willful violation or repeated serious violations involving injury or death-- 7,i7 of section #e of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fed72 7,,ii7 of any standard1 rule1 or order promulgated pursuant to section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee72 or 7,,iii7 of a plan approved under section #ah of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #ffg74 7,b7 ,length of ineligibility 7i7 ,temporary ineligibility ,an employer described in subparagraph 7,a7 may be ineligible to be a registered employer for a period that is not less than the time period determined by the ,secretary and not more than #c years4 7ii7 ,permanent ineligibility ,an employer who has been convicted of any offense set out in chapter #gg of title #ah1 ,united ,states ,code1 or any conspiracy to commit such offenses1 or any human trafficking offense under ,state or territorial law shall be permanently ineligible to be a registered employer4 7#d7 ,term of registration ,the ,secretary shall approve applications meeting the criteria of this subsection for a term of #c years4 7#e7 ,renewal ,an employer may submit an application to renew the employer's status as a registered employer for additional #c-year periods4 7#f7 ,fee ,at the time an employer's application to be a registered employer or to renew such status is approved1 such employer shall pay a fee in an amount determined by the ,secretary to be sufficient to cover the costs of the registry of such employers4 7#g7 ,continued eligibility ,each registered employer shall submit to the ,secretary an annual report that demonstrates that the registered employer has provided the wages and working conditions the registered employer agreed to provide to its employees4 7e7 ,registered positions 7#a7 ,in general 7,a7 ,application ,each registered employer shall submit to the ,secretary an application to designate a position for which the employer is seeking a ,w nonimmigrant as a registered position4 ,the ,secretary is authorized to determine if the wage to be paid by the employer complies with subparagraph 7,b77iv74 ,each such application shall include a description of each such position4 7,b7 ,attestation ,an application submitted under subparagraph 7,a7 shall include an attestation of the following3 7i7 ,the number of full-time equivalent employees of the employer4 7ii7 ,the occupational category1 as classified by the ,secretary of ,labor1 for which the registered position is sought4 7iii7 ,whether the occupation for which the registered position is sought is a shortage occupation4 7iv7 ,except as provided in subsection 7g77#d77;,c77i71 the wages to be paid to ,w nonimmigrants employed by the employer in the registered position1 including a position in a shortage occupation1 will be the greater of-- 7,i7 the actual wage level paid by the employer to other employees with similar experience and qualifications for such position2 or 7,,ii7 the prevailing wage level for the occupational classification of the position in the metropolitan statistical area of the employment1 as determined by the ,secretary1 based on the best information available as of the time of filing the application4 7v7 ,the working conditions for ,w nonimmigrants will not adversely affect the working conditions of other workers employed in similar positions4 7vi7 ,the employer has carried out the recruiting activities required by paragraph 7#b77;,b74 7vii7 ,there is no qualified ,united ,states worker who has applied for the position and who is ready1 willing1 and able to fill such position pursuant to the requirements in subparagraphs 7,b7 and 7,c7 of paragraph 7#b74 7viii7 ,there is not a strike1 lockout1 or work stoppage in the course of a labor dispute in the occupation at the place of employment at which the ,w nonimmigrant will be employed4 ,if such strike1 lockout1 or work stoppage occurs following submission of the application1 the employer will provide notification in accordance with all applicable regulations4 7ix7 7,i7 ,the employer has not laid off and will not layoff a ,united ,states worker during the period beginning #ij days prior to and ending #ij days after the date the employer files an application for designation of a position for which the ,w nonimmigrant is sought or hires such ,w nonimmigrant1 unless the employer has notified such ,united ,states worker of the position and documented the legitimate reasons that such ,united ,states worker is not qualified or available for the position4 7,,ii7 ,a ,united ,states worker is not laid off for purposes of this subparagraph if1 at the time such worker's employment is terminated1 such worker is not employed in the same occupation and in the same metropolitan statistical area where the registered position referred to in subclause 7,i7 is located4 7,c7 ,best information available ,in subparagraph 7,b77iv77,,ii71 the term best information available1 with respect to determining the prevailing wage for a position1 means-- 7i7 a controlling collective bargaining agreement or ,federal contract wage1 if applicable2 7ii7 if there is no applicable wage under clause 7i71 the wage level commensurate with the experience1 training1 and supervision required for the job based on ,bureau of ,labor ,statistics data2 or 7iii7 if the data referred to in clause 7ii7 is not available1 a legitimate and recent private survey of the wages paid for such positions in the metropolitan statistical area4 7,d7 ,permit ,the ,secretary shall provide each registered employer whose application submitted under subparagraph 7,a7 is approved with a permit that includes the number and description of such employer's approved registered positions4 7,e7 ,term of registration ,the approval of a registered position under subparagraph 7,a7 is for a term that begins on the date of such approval and ends on the earlier of-- 7i7 the date the employer's status as a registered employer is terminated2 7ii7 #c years after the date of such approval2 or 7iii7 upon proper termination of the registered position by the employer4 7,f7 ,registry of registered positions 7i7 ,maintenance of registry ,the ,secretary shall develop and maintain a registry of approved registered positions for which the ,secretary has issued a permit under subparagraph 7,d74 7ii7 ,availability on website ,the registry required by clause 7i7 shall be accessible on a website maintained by the ,secretary4 7iii7 ,availability on ,state workforce agency websites ,each ,state workforce agency shall be linked to such registry and provide access to such registry through the website maintained by such agency4 7iv7 ,conditions of availability on website 7,i7 ,in general ,each approved registered position for which the ,secretary has issued a permit shall be included in the registry of registered positions maintained by the ,secretary and shall remain available for viewing on such registry throughout the term of registration referred to in subparagraph 7,e7 or paragraph 7#e74 7,,ii7 ,indication of vacancy ,the ,secretary shall ensure that such registry indicates whether each approved registered position in the registry is filled or unfilled4 7,,iii7 ,requirement for #aj-;day posting ,if a ,w nonimmigrant's employment in a registered position ends1 either voluntarily or involuntarily1 the ,secretary shall ensure that such registry indicates that the registered position is unfilled for a period of #aj calendar days1 unless such registered position is filled by a ,united ,states worker4 7#b7 ,requirements 7,a7 ,eligible occupation ,each registered position shall be for a position in an eligible occupation as described in paragraph 7#c74 7,b7 ,recruitment of ,united ,states workers 7i7 ,requirements ,a position may not be a registered position unless the registered employer-- 7,i7 advertises the position for a period of #cj days1 including the wage range1 location1 and proposed start date-- 7aa7 on the ,internet website maintained by the ,secretary of ,labor for the purpose of such advertising2 and 7bb7 with the workforce agency of the ,state where the position will be located2 and 7,,ii7 except as provided for in subsection 7g77#d77;,b77i71 carries out not less than #c of the recruiting activities described in subparagraph 7,c74 7ii7 ,duration of advertising ,the #cj day periods required by item 7aa7 of 7bb7 of clause 7i77,i7 may occur at the same time4 7,c7 ,recruiting activities ,the recruiting activities described in this subparagraph1 with respect to a position for which the employer is seeking a ,w nonimmigrant1 shall consist of any combination of the following as defined by the ,secretary of ,homeland ,security3 7i7 ,advertising such position at job fairs4 7ii7 ,advertising such position on the employer's external website4 7iii7 ,advertising such position on job search ,internet websites4 7iv7 ,advertising such position using presentations or postings at vocational1 career technical schools1 community colleges1 high schools1 or other educational or training sites4 7v7 ,posting such position with trade associations4 7vi7 ,utilizing a search firm to seek applicants for such position4 7vii7 ,advertising such position through recruitment programs with placement offices at vocational schools1 career technical schools1 community colleges1 high schools1 or other educational or training sites4 7viii7 ,advertising such position through advertising or postings with local libraries1 journals1 or newspapers4 7ix7 ,seeking a candidate for such position through an employee referral program with incentives4 7x7 ,advertising such position on radio or television4 7xi7 ,advertising such position through advertising1 postings1 or presentations with newspapers1 ,internet websites1 job fairs1 or community events targeted to constituencies designed to increase employee diversity4 7xii7 ,advertising such position through career day presentations at local high schools or community organizations4 7xiii7 ,providing in-house training4 7xiv7 ,providing third-party training4 7xv7 ,advertising such position through recruitment1 educational1 or other cooperative programs offered by the employer and a local economic development authority4 7xvi7 ,advertising such position twice in the ,sunday ads in the primary daily circulation newspaper in the area4 7xvii7 ,any other recruitment activities determined to be appropriate to be added by the ,commissioner4 7#c7 ,eligible occupation 7,a7 ,in general ,an occupation is an eligible occupation if the occupation-- 7i7 is a zone #a occupation1 a zone #b occupation1 or zone #c occupation2 and 7ii7 is not an excluded occupation under subparagraph 7,b74 7,b7 ,excluded occupations 7i7 ,occupations requiring college degrees ,an occupation that is listed in the ,occupational ,outlook ,handbook published by the ,bureau of ,labor ,statistics 7or similar successor publication7 that is classified as requiring an individual with a bachelor's degree or higher level of education may not be an eligible occupation4 7ii7 ,computer occupations ,an occupation in the field of computer operation1 computer programming1 or computer repair may not be an eligible occupation4 7,c7 ,publication ,the ,secretary of ,labor shall publish the eligible occupations1 designated as zone #a occupations1 zone #b occupations1 or zone #c occupations1 on an on-going basis on a publicly available website4 7#d7 ,filling of vacancies ,if a ,w nonimmigrant's employment in a registered position ends1 such employer may fill that vacancy-- 7,a7 by hiring a ,united ,states worker2 or 7,b7 after the #aj calendar day posting period in subsection 7e77#a77;,f77iv77,,iii7 by hiring-- 7i7 a ,w nonimmigrant2 or 7ii7 if available under subsection 7g77#d71 a certified alien4 7#e7 ,period of approval 7,a7 ,in general ,except as provided in subparagraph 7,b71 a registered position shall be approved by the ,secretary for a period of #c years4 7,b7 ,returning ,w nonimmigrants 7i7 ,extension of period ,a registered position shall continue to be a registered position at the end of the #c-year period referred to in subparagraph 7,a7 if the ,w nonimmigrant hired for such position is the beneficiary of a petition for immigrant status filed by the registered employer pursuant to this ,act or is returning to the same registered employer4 7ii7 ,termination of period ,the term of a registration position extended under clause 7i7 shall terminate on the date that is the earlier of-- 7,i7 the date an application or petition by or for a ,w nonimmigrant to obtain immigrant status is approved or denied by the ,secretary2 or 7,,ii7 the date of the termination of such ,w nonimmigrant's employment with the registered employer4 7#f7 ,fees 7,a7 ,registration fee 7i7 ,in general ,at the time a ,w nonimmigrant commences employment in the registered position for a registered employer1 such employer shall pay a registration fee in an amount determined by the ,secretary4 7ii7 ,use of fee ,a fee collected under clause 7i7 shall be used to fund any aspect of the operation of the ,w ,visa ,program4 7,b7 ,additional fee 7i7 ,in general ,in addition to the fee required by subparagraph 7,a71 a registered employer1 at the time a ,w nonimmigrant commences employment in the registered position for the registered employer1 shall pay an additional fee for each such approved registered position as follows3 7,i7 ,a fee of #a1gej for the registered position if the registered employer1 at the time of filing the application for the registered position1 is a small business and more than #ej percent and less than #ge percent of the employees of the registered employer are not ,united ,states workers4 7,,ii7 ,a fee of #c1ejj for the registered position if the registered employer1 at the time of filing the application for the registered position1 is a small business and more than #ge percent of the employees of the registered employer are not ,united ,states workers4 7,,iii7 ,a fee of #c1ejj for the registered position if the registered employer1 at the time of filing the application for the registered position1 is not a small business and more than #ae percent and less than #cj percent of the employees of the registered employer are not ,united ,states workers4 7ii7 ,use of fee ,a fee collected under clause 7i7 shall be used to fund the operations of the ,bureau4 7,c7 ,prohibition on other fees ,a registered employer may not be required to pay an additional fee other than any fees specified in this ,act if the registered employer is a small business4 7#g7 ,prohibition on registered positions for certain employers ,the ,secretary may not approve an application for a registered position for an employer if the employer is not a small business and #cj percent or more of the employees of the employer are not ,united ,states workers4 7f7 ,excluded geographic location ,no application for a registered position filed by a registered employer for an eligible occupation may be approved if the registered position is located in a metropolitan statistical area that has an unemployment rate that is more than #ha_/b percent as reported in the most recent month preceding the date that the application is submitted to the ,secretary unless-- 7#a7 the ,commissioner has identified the eligible occupation as a shortage occupation2 or 7#b7 the ,secretary approves the registered position under subsection 7g77#d74 7g7 ,numerical limitation 7#a7 ,registered positions 7,a7 ,in general ,subject to paragraphs 7#c7 and 7#d71 the maximum number of registered positions that may be approved by the ,secretary for a year is as follows3 7i7 ,for the first year aliens are admitted as ,w nonimmigrants1 #bj1jjj4 7ii7 ,for the second such year1 #ce1jjj4 7iii7 ,for the third such year1 #ee1jjj4 7iv7 ,for the fourth such year1 #ge1jjj4 7v7 ,for each year after the fourth such year1 the level calculated for that year under paragraph 7#b74 7,b7 ,dates ,the first year referred to in subparagraph 7,a77i7 shall begin on ,april #a1 #bjae1 and end on ,march #ca1 #bjaf1 unless the ,secretary determines that such first year shall begin on ,october #a1 #bjae1 and end on ,september #cj1 #bjaf4 7#b7 ,years after year #d 7,a7 ,current year and preceding year ,in this paragraph-- 7i7 the term current year shall refer to the #ab-month period for which the calculation of the numerical limits under this paragraph is being performed2 and 7ii7 the term preceding year shall refer to the #ab-month period immediately preceding the current year4 7,b7 ,numerical limitation ,subject to subparagraph 7,d71 the number of registered positions that may be approved by the ,secretary for a year after the fourth year referred to in paragraph 7#a77;,a77iv7 shall be equal to the sum of-- 7i7 the number of such registered positions available under this paragraph for the preceding year2 and 7ii7 the product of-- 7,i7 the number of such registered positions available under this paragraph for the preceding year2 multiplied by 7,,ii7 the index for the current year calculated under subparagraph 7,c74 7,c7 ,index ,the index calculated under this subparagraph for a current year equals the sum of-- 7i7 one-fifth of a fraction-- 7,i7 the numerator of which is the number of registered positions that registered employers applied to have approved under subsection 7e77#a7 for the preceding year minus the number of registered positions approved under subsection 7e7 for the preceding year2 and 7,,ii7 the denominator of which is the number of registered positions approved under subsection 7e7 for the preceding year2 7ii7 one-fifth of a fraction-- 7,i7 the numerator of which is the number of registered positions the ,commissioner recommends be available under this subparagraph for the current year minus the number of registered positions available under this subsection for the preceding year2 and 7,,ii7 the denominator of which is the number of registered positions available under this subsection for the preceding year2 7iii7 three-tenths of a fraction-- 7,i7 the numerator of which is the number of unemployed ,united ,states workers for the preceding year minus the number of unemployed ,united ,states workers for the current year2 and 7,,ii7 the denominator of which is the number of unemployed ,united ,states workers for the preceding year2 and 7iv7 three-tenths of a fraction-- 7,i7 the numerator of which is the number of job openings as set out in the ,job ,openings and ,labor ,turnover ,survey of the ,bureau of ,labor ,statistics for the current year minus such number of job openings for the preceding year2 and 7,,ii7 the denominator of which is the number of such job openings for the preceding year2 7,d7 ,minimum and maximum levels ,the number of registered positions calculated under subparagraph 7,b7 for a #ab-month period may not be less than #bj1jjj nor more than #bjj1jjj4 7#c7 ,additional registered positions for shortage occupations ,in addition to the number of registered positions made available for a year under paragraph 7#a71 the ,secretary shall make available for a year an additional number of registered positions for shortage occupations in a particular metropolitan statistical area4 7#d7 ,special allocations of registered positions 7,a7 ,authority to make available ,in addition to the number of registered positions made available for a year under paragraph 7#a7 or 7#c71 the ,secretary shall make additional registered positions available for the year for a specific registered employer as described in this paragraph1 if-- 7i7 the maximum number of registered positions available under paragraph 7#a7 have been approved for the year and none remain available for allocation2 or 7ii7 such registered employer is located in a metropolitan statistical area that has an unemployment rate that is more than #ha_/b percent as reported in the most recent month preceding the date that the application is submitted to the ,secretary4 7,b7 ,recruitment 7i7 ,in general ,except as provided in clause 7ii71 an initial ,w nonimmigrant may only enter the ,united ,states for initial employment pursuant to a special allocation under this paragraph if the registered employer has carried out at least #g of the recruiting activities described in subsection 7e77#b77;,c74 7ii7 ,requirement to recruit ,w nonimmigrants in the ,united ,states ,a registered employer may register a position pursuant to a special allocation under this paragraph by conducting at least #c of the recruiting activities described in subsection 7e77#b77;,c71 however a position registered pursuant to this clause may not be filled by an initial ,w nonimmigrant entering the ,united ,states for initial employment4 7iii7 #cj day posting 7,i7 ,requirement ,any registered employer registering any position under the special allocation authority shall post the position1 including the wage range1 location1 and initial date of employment1 for not less than #cj days-- 7aa7 on the ,internet website maintained by the ,secretary of ,labor for the purpose of such advertising2 and 7bb7 with the workforce agency of the ,state where the position will be located4 7,,ii7 ,contemporaneous posting ,the #cj day periods required by items 7aa7 and 7bb7 of subclause 7,i7 may occur at the same time4 7,c7 ,wages 7i7 ,initial ,w nonimmigrants ,an initial ,w nonimmigrant entering the ,united ,states for initial employment pursuant to a registered position made available under this paragraph may not be paid less than the greater of-- 7,i7 the level #d wage set out in the ,foreign ,labor ,certification ,data ,center ,online ,wage ,library 7or similar successor website7 maintained by the ,secretary of ,labor for such occupation in that metropolitan statistical area2 or 7,,ii7 the mean of the highest two-thirds of wages surveyed for such occupation in that metropolitan statistical area4 7ii7 ,other ,w nonimmigrants ,a ,w nonimmigrant employed in a registered position referred to in subsection 7g77#d77;,b77ii7 may not be paid less than the wages required under subsection 7e77#a77;,b77iv74 7,d7 ,reduction of future registered positions ,each registered position made available for a year subject to the wage conditions of subparagraph 7,c77i7 shall reduce by #a the number of registered positions made available under paragraph 7g77#a7 for the following year or the earliest possible year for which a registered position is available4 ,the limitation contained in subsection 7h77#d7 shall not be reduced by any registered position made available under this paragraph4 7h7 ,allocation of registered positions 7#a7 ,in general 7,a7 ,first #f-month period ,the number of registered positions available for the #f-month period beginning on the first day of a year is #ej percent of the maximum number of registered positions available for such year under paragraph 7#a7 or 7#b7 of subsection 7g74 ,such registered positions shall be allocated as described in this subsection4 7,b7 ,second #f-month period ,the number of registered positions available for the #f-month period ending on the last day of a year is the maximum number of registered positions available for such year under paragraph 7#a7 or 7#b7 of subsection 7g7 minus the number of registered positions approved during the #f-month period referred to in subsection 7,a74 ,such registered positions shall be allocated as described in this subsection4 7#b7 ,shortage occupations 7,a7 ,in general ,for the first month of each #f-month period referred to in subparagraph 7,a7 or 7,b7 of paragraph 7#a7 a registered position may not be created in an occupation that is not a shortage occupation4 7,b7 ,initial designations ,subparagraph 7,a7 shall not apply in any period for which the ,commissioner has not designated any shortage occupations4 7#c7 ,small businesses ,during the second1 third1 and fourth months of each #f-month period referred to in subparagraph 7,a7 or 7,b7 of paragraph 7#a71 one-third of the number of registered positions allocated for such period shall be approved only for a registered employer that is a small business4 ,any such registered positions not approved for such small businesses during such months shall be available for any registered employer during the last #b months of each such #f-month period4 7#d7 ,animal production subsectors ,in addition to the number of registered positions made available for a year under paragraph 7#a7 or 7#c7 of such section 7g71 the ,secretary shall make additional registered positions available for the year for occupations designated by the ,secretary of ,labor as ,animal ,production ,subsectors4 ,the numerical limitation for such additional registered positions shall be no more than #aj percent of the annual numerical limitation provided for in such paragraph 7#a74 7#e7 ,limitation for construction occupations 7,a7 ,in general ,subject to subparagraph 7,b71 not more than #cc percent of the registered positions made available under paragraph 7#a7 or 7#b7 of subsection 7g7 for a year may be granted to perform work in a construction occupation4 7,b7 ,maximum level ,notwithstanding subparagraph 7,a71 the number of registered positions granted to perform work in a construction occupation under subsection 7g77#a7 may not exceed #ae1jjj for a year and #g1ejj for any #f-month period4 7,c7 ,prohibition for occupations with high unemployment 7i7 ,in general ,a registered employer may not hire a certified alien for a registered position to perform work in a construction occupation if the unemployment rate for construction occupations in the corresponding occupational job zone in that metropolitan statistical area was more than #ha_/b percent4 7ii7 ,determination of unemployment rate ,the unemployment rate used in clause 7i7 shall be determined-- 7,i7 using the most recent survey taken by the ,bureau2 or 7,,ii7 if a survey referred to in subclause 7,i7 is not available1 using a recent and legitimate private survey4 7i7 ,portability ,a ,w nonimmigrant who is admitted to the ,united ,states for employment by a registered employer may-- 7#a7 terminate such employment for any reason2 and 7#b7 seek and accept employment with another registered employer in any other registered position within the terms and conditions of the ,w nonimmigrant's visa4 7j7 ,promotion ,a registered employer may promote a ,w nonimmigrant if the ,w nonimmigrant has been employed with that employer for a period of not less than #ab months4 ,such a promotion shall not increase the total number of registered positions available to that employer4 7k7 ,prohibition on outplacement ,a registered employer may not place1 outsource1 lease1 or otherwise contract for the services or placement of a ,w nonimmigrant employee with another employer if more than #ae percent of the employees of the registered employer are ,w nonimmigrants4 7l7 ,w nonimmigrant protections 7#a7 ,applicability of laws ,a ,w nonimmigrant shall not be denied any right or any remedy under ,federal1 ,state1 or local labor or employment law that would be applicable to a ,united ,states worker employed in a similar position with the employer because of the alien's status as a nonimmigrant worker4 7#b7 ,waiver of rights prohibited 7,a7 ,in general ,a ,w nonimmigrant may not be required to waive any substantive rights or protections under this ,act4 7,b7 ,construction ,nothing under this paragraph may be construed to affect the interpretation of any other law4 7#c7 ,prohibition on treatment as independent contractors 7,a7 ,in general ,notwithstanding any other provision of law-- 7i7 a ,w nonimmigrant is prohibited from being treated as an independent contractor under any ,federal or ,state law2 and 7ii7 no person1 including an employer or labor contractor and any persons who are affiliated with or contract with an employer or labor contractor1 may treat a ,w nonimmigrant as an independent contractor4 7,b7 ,construction ,subparagraph 7,a7 may not be construed to prevent registered employers who operate as independent contractors from employing ,w nonimmigrants4 7#d7 ,payment of fees 7,a7 ,in general ,a fee related to the hiring of a ,w nonimmigrant required to be paid by an employer under this ,act shall be paid by the employer and may not be deducted from the wages or other compensation paid to a ,w nonimmigrant4 7,b7 ,excluded costs ,the cost of round trip transportation from a certified alien's home to the location of a registered position and the cost of obtaining a foreign passport are not fees required to be paid by the employer4 7#e7 ,tax responsibilities ,an employer shall comply with all applicable ,federal1 ,state1 and local tax laws with respect to each ,w nonimmigrant employed by the employer4 7#f7 ,prohibited activities ,it shall be unlawful for an employer of a ,w nonimmigrant to intimidate1 threaten1 restrain1 coerce1 retaliate1 discharge1 or in any other manner1 discriminate against an employee or former employee because the employee or former employee-- 7,a7 discloses information to the employer or any other person that the employee or former employee reasonably believes demonstrates a violation of this section2 or 7,b7 cooperates or seeks to cooperate in an investigation or other proceeding concerning compliance with the requirements of this section4 7m7 ,complaint process ,the ,secretary shall establish a process for the receipt1 investigation1 and disposition of complaints by an aggrieved applicant1 employee1 or nonimmigrant 7or a person acting on behalf of such applicant1 employee1 or nonimmigrant7 with respect to-- 7#a7 the failure of a registered employer to meet a condition of this section2 or 7#b7 the lay off or nonhiring of a ,united ,states worker as prohibited under this section4 7n7 ,enforcement 7#a7 ,in general ,the ,secretary shall promulgate regulations for the receipt1 investigation1 and disposition of complaints by an aggrieved ,w nonimmigrant respecting a violation of this section4 7#b7 ,filing deadline ,no investigation or hearing shall be conducted on a complaint concerning a violation under this section unless the complaint was filed not later than #f months after the date of such violation4 7#c7 ,reasonable basis ,the ,secretary shall conduct an investigation under this subsection if there is reasonable basis to believe that a violation of this section has occurred4 ,the process established under this subsection shall provide that1 not later than #cj days after a complaint is filed1 the ,secretary shall determine if there is reasonable cause to find such a violation4 7#d7 ,notice and hearing 7,a7 ,in general ,not later than #fj days after the ,secretary makes a determination of reasonable basis under paragraph 7#c71 the ,secretary shall issue a notice to the interested parties and offer an opportunity for a hearing on the complaint1 in accordance with section #eef of title #e1 ,united ,states ,code4 7,b7 ,hearing deadline ,not later than #fj days after the date of a hearing under this paragraph1 the ,secretary shall make a finding on the matter4 7#e7 ,attorney's fees 7,a7 ,award ,a complainant who prevails in an action under this subsection with respect to a claim related to wages or compensation for employment1 or a claim for a violation of subsection 7l7 or 7m71 shall be entitled to an award of reasonable attorney's fees and costs4 7,b7 ,frivolous complaints ,a complainant who files a frivolous complaint for an improper purpose under this subsection shall be liable for the reasonable attorney's fees and costs of the person named in the complaint4 7#f7 ,power of the ,secretary ,the ,secretary may bring an action in any court of competent jurisdiction-- 7,a7 to seek remedial action1 including injunctive relief2 7,b7 to recover the damages described in this subsection and subsection 7o72 or 7,c7 to ensure compliance with terms and conditions described in subsection 7l77#f74 7#g7 ,other rights of employees ,the rights and remedies provided to ,w nonimmigrants under this section are in addition to any other contractual or statutory rights and remedies of the workers1 and are not intended to alter or affect such rights and remedies4 7o7 ,penalties 7#a7 ,in general ,if1 after notice and an opportunity for a hearing1 the ,secretary finds a violation of this section1 the ,secretary may impose administrative remedies and penalties1 including-- 7,a7 back wages2 7,b7 benefits2 and 7,c7 civil monetary penalties4 7#b7 ,civil penalties ,the ,secretary may impose1 as a civil penalty-- 7,a7 for a violation of this subsection-- 7i7 a fine in an amount not more than #b1jjj per violation per affected worker and #d1jjj per violation per affected worker for each subsequent violation2 7ii7 if the violation was willful1 a fine in an amount not more than #e1jjj per violation per affected worker2 and 7iii7 if the violation was willful and if in the course of such violation a ,united ,states worker was harmed1 a fine in an amount not more than #be1jjj per violation per affected worker2 or 7,b7 for knowingly failing to materially comply with the terms of representations made in petitions1 applications1 certifications1 or attestations under this section-- 7i7 a fine in an amount not more than #d1jjj per aggrieved worker2 and 7ii7 upon the occasion of a third offense of failure to comply with representations1 a fine in an amount not to exceed #e1jjj per affected worker and designation as an ineligible employer1 recruiter1 or broker for purposes of any immigrant or nonimmigrant program4 7#c7 ,criminal penalty ,any person who knowingly misrepresents the number of full-time equivalent employees of an employer or the number of employees of a person who are ,united ,states workers for the purpose of reducing a fee under subsection 7e77#f7 or avoiding the limitation in subsection 7e77#g71 shall be fined in accordance with title #ah1 ,united ,states ,code1 in an amount up to #be1jjj or imprisoned not more than #a year1 or both4 7p7 ,monitoring 7#a7 ,requirement to monitor ,the ,secretary shall monitor the movement of ,w nonimmigrants in registered positions through-- 7,a7 the ,employment ,verification ,system described in section #bgd;,a7d72 and 7,b7 the electronic monitoring system described in paragraph 7#b74 7#b7 ,electronic monitoring system 7,a7 ,requirement for system ,the ,secretary1 through ,u4,s4 ,citizenship and ,immigration ,services1 shall implement an electronic monitoring system to monitor presence and employment of ,w nonimmigrants1 including a requirement that registered employers update the system when ,w nonimmigrants start and end employment in registered positions4 7,b7 ,system description ,such system shall be modeled on the ,student and ,exchange ,visitor ,information ,system 7,,sevis7 and ,,sevis ,,ii tracking system of ,u4,s4 ,immigration and ,customs ,enforcement4 7,c7 ,interaction with registry ,such system shall interact with the registry referred to in subsection 7e77#a77;,f7 to ensure that the ,secretary designates and updates approved registered positions as being filled or unfilled4 4 7b7 ,table of contents amendment ,the table of contents in the first section 7#h ,u4,s4,c4 #aaja et seq47 is amended by adding after the item relating to section #bai the following3 ,sec4 #bbj4 ,admission of ,w nonimmigrant workers44 ,h ,investing in new venture1 entrepreneurial startups1 and technologies #dhja4 ,nonimmigrant ,,invest visas 7a7 ,,invest nonimmigrant category ,section #aja7;a77#ae7 7#h ,u4,s4,c4 #aaja7;a77#ae771 as amended by sections #bbca1 #bcjh1 #bcji1 #cbja1 #ddjb1 #dejd1 #dfja1 and #dgjb1 is further amended by inserting after subparagraph 7,w7 the following3 7,x7 in accordance with the definitions in section #bjc7;b77#f77;,a71 a qualified entrepreneur who has demonstrated that1 during the #c-year period ending on the date on which the alien filed an initial petition for nonimmigrant status described in this clause-- 7i7 a qualified venture capitalist1 a qualified super angel investor1 a qualified government entity1 a qualified community development financial institution1 qualified startup accelerator1 or such other type of entity or investors1 as determined by the ,secretary1 or any combination of such entities or investors1 has made a qualified investment or combination of qualified investments of not less than #ajj1jjj in total in the alien's ,united ,states business entity2 or 7ii7 the alien's ,united ,states business entity has created no fewer than #c qualified jobs and during the #b-year period ending on such date has generated not less than #bej1jjj in annual revenue arising from business conducted in the ,united ,states2 or 4 7b7 ,admission of ,,invest nonimmigrants ,section #bad 7#h ,u4,s4,c4 #aahd71 as amended by sections #cfjh1 #dbcb1 #ddje1 #dejc1 #dejd1 #dfjb1 #dfje1 and #dfjf1 is further amended by adding at the end the following3 7aa7 ,,invest nonimmigrant visas 7#a7 ,definitions ,the definitions in section #bjc7;b77#f77;,a7 apply to this subsection4 7#b7 ,initial period of authorized admission ,the initial period of authorized status as a nonimmigrant described in section #aja7;a77#ae77,x7 shall be for an initial #c-year period4 7#c7 ,renewal of admission ,subject to paragraph 7#d71 the initial period of authorized nonimmigrant status described in paragraph 7#b7 may be renewed for additional #c-year periods if during the most recent #c-year period that the alien was granted such status-- 7,a7 the alien's ,united ,states business entity has created no fewer than #c qualified jobs and a qualified venture capitalist1 a qualified super angel investor1 a qualified government entity1 a qualified community development financial institution1 qualified startup accelerator1 or such other type of entity or investors1 as determined by the ,secretary1 or any combination of such entities or investors1 has made a qualified investment or combination of qualified investments of not less than #bej1jjj in total to the alien's ,united ,states business entity2 or 7,b7 the alien's ,united ,states business entity has created no fewer than #c qualified jobs and1 during the #b-year period ending on the date that the alien petitioned for an extension1 has generated not less than #bej1jjj in annual revenue arising from business conducted within the ,united ,states4 7#d7 ,waiver of renewal requirements ,the ,secretary may renew an alien's status as a nonimmigrant described in section #aja7;a77#ae77,x7 for not more than #a year at a time1 up to an aggregate of #b years if the alien-- 7,a7 does not meet the criteria under paragraph 7#c72 and 7,b7 meets the criteria established by the ,secretary1 in consultation with the ,secretary of ,commerce1 for approving renewals under this subsection1 which shall include a finding that-- 7i7 the alien has made substantial progress in meeting such criteria2 and 7ii7 such renewal is economically beneficial to the ,united ,states4 7#e7 ,attestation ,the ,secretary may require an alien seeking status as a nonimmigrant described in section #aja7;a77#ae77,x7 to attest1 under penalty of perjury1 that the alien meets the application criteria4 7#f7 ,x-#a visa fee ,in addition to processing fees1 the ,secretary shall collect a #a1jjj fee from each nonimmigrant admitted under section #aja7;a77#ae77,x74 ,fees collected under this paragraph shall be deposited into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif4 4 #dhjb4 ,,invest immigrant visa ,section #bjc7;b7 7#h ,u4,s4,c4 #aaec7;b77 is amended-- 7#a7 by redesignating paragraph 7#f7 as paragraph 7#g72 and 7#b7 by inserting after paragraph 7#e7 the following3 7#f7 ,,invest immigrants 7,a7 ,definitions ,in this paragraph1 section #aja7;a77#ae77,x71 and section #bad7s73 7i7 ,qualified community development financial institution ,the term qualified community development financial institution is defined as provided under section #ahje4bja #de;,d7c7 of title #ab1 ,code of ,federal ,regulations1 or any similar successor regulations4 7ii7 ,qualified entrepreneur ,the term qualified entrepreneur means an individual who-- 7,i7 has a significant ownership interest1 which need not constitute a majority interest1 in a ,united ,states business entity2 7,,ii7 is employed in a senior executive position of such ,united ,states business entity2 7,,iii7 submits a business plan to ,u4,s4 ,citizenship and ,immigration ,services2 and 7,,iv7 had a substantial role in the founding or early-stage growth and development of such ,united ,states business entity4 7iii7 ,qualified government entity ,the term qualified government entity means an agency or instrumentality of the ,united ,states or of a ,state1 local1 or tribal government4 7iv7 ,qualified investment ,the term qualified investment-- 7,i7 means an investment in a qualified entrepreneur's ,united ,states business entity that is-- 7aa7 a purchase from the ,united ,states business entity or equity or convertible debt issued by such entity2 7bb7 a secured loan2 7cc7 a convertible debt note2 7dd7 a public securities offering2 7ee7 a research and development award from a qualified government entity to the ,united ,states entity2 7ff7 other investment determined appropriate by the ,secretary2 or 7gg7 a combination of the investments described in items 7aa7 through 7ff72 and 7,,ii7 may not include an investment from such qualified entrepreneur1 the parents1 spouse1 son1 or daughter of such qualified entrepreneur1 or from any corporation1 company1 association1 firm1 partnership1 society1 or joint stock company over which such qualified entrepreneur has a substantial ownership interest4 7v7 ,qualified job ,the term qualified job means a full-time position of a ,united ,states business entity owned by a qualified entrepreneur that-- 7,i7 is located in the ,united ,states2 7,,ii7 has been filled for at least #b years by an individual who is not the qualified entrepreneur or the spouse1 son1 or daughter of the qualified entrepreneur2 and 7,,iii7 pays a wage that is not less than #bej percent of the ,federal minimum wage4 7vi7 ,qualified startup accelerator ,the term qualified startup accelerator means a corporation1 company1 association1 firm1 partnership1 society1 or joint stock company that-- 7,i7 is organized under the laws of the ,united ,states or any ,state and conducts business in the ,united ,states2 7,,ii7 in the ordinary course of business1 provides a program of training1 mentorship1 and logistical support to assist entrepreneurs in growing their businesses2 7,,iii7 is managed by individuals1 the majority of whom are citizens of the ,united ,states or aliens lawfully admitted for permanent residence2 7,,iv7 7aa7 regularly acquires an equity interest in companies that participate in its programs1 where the majority of the capital so invested is committed from individuals who are ,united ,states citizens or aliens lawfully admitted for permanent residence1 or from entities organized under the laws of the ,united ,states or any ,state2 or 7bb7 is an entity that has received not less than #bej1jjj in funding from a qualified government entity or entities during the previous #e years and regularly makes grants to companies that participate in its programs 7in which case1 such grant shall be treated as a qualified investment for purposes of clause 7iv772 7,v7 during the previous #e years1 has acquired an equity interest in1 or1 in the case of an entity described in subclause 7,,iv77bb71 regularly made grants to1 not fewer than #aj ,united ,states business entities that have participated in its programs and that have-- 7aa7 each secured at least #ajj1jjj in initial investments2 or 7bb7 during any #b-year period following the date of such acquisition1 generated not less than #ejj1jjj in aggregate annual revenue within the ,united ,states2 7,,vi7 has its primary location in the ,united ,states2 and 7,,vii7 satisfies such other criteria as may be established by the ,secretary4 7vii7 ,qualified super angel investor ,the term qualified super angel investor means an individual or organized group of individuals investing directly or through a legal entity-- 7,i7 each of whom is an accredited investor1 as defined in section #bcj4eja7;a7 of title #ag1 ,code of ,federal ,regulations1 or any similar successor regulation1 investing the funds owned by such individual or organized group in a qualified entrepreneur's ,united ,states business entity2 7,,ii7 7aa7 if an individual1 is a citizen of the ,united ,states or an alien lawfully admitted for permanent residence2 or 7bb7 if an organized group or legal entity1 a majority of the individuals investing through such group or entity are citizens of the ,united ,states or aliens lawfully admitted for permanent residence2 and 7,,iii7 each of whom in the previous #c years has made qualified investments in a total amount determined to be appropriate by the ,secretary1 that is not less than #ej1jjj1 in ,united ,states business entities which are less than #e years old4 7viii7 ,qualified venture capitalist ,the term qualified venture capitalist means an entity-- 7,i7 that-- 7aa7 is a venture capital operating company 7as defined in section #beaj4c-aja7;d7 of title #bi1 ,code of ,federal ,regulations 7or any successor to such regulation772 or 7bb7 has management rights1 as defined in1 and to the extent required by1 such section #beaj4c-aja7;d7 7or successor regulation71 in its portfolio companies2 7,,ii7 that has capital commitments of not less than #aj1jjj1jjj2 and 7,,iii7 the investment adviser1 that is registered under the ,investment ,advisers ,act of #aidj 7#ae ,u4,s4,c4 #hj;b-#b71 for which-- 7aa7 has its primary office location in the ,united ,states2 7bb7 is owned1 directly or indirectly1 by individuals1 the majority of whom are citizens of the ,united ,states or aliens lawfully admitted for permanent residence in the ,united ,states2 7cc7 has been advising such entity or other similar funds or entities for at least #b years2 and 7dd7 has advised such entity or a similar fund or entity with respect to at least #b investments of not less than #ejj1jjj made by such entity or similar fund or entity during each of the most recent #b years4 7ix7 ,secretary ,except as otherwise specifically provided1 the term ,secretary means the ,secretary of ,homeland ,security4 7x7 ,senior executive position ,the term senior executive position includes the position of chief executive officer1 chief technology officer1 and chief operating officer4 7xi7 ,united ,states business entity ,the term ,united ,states business entity means any corporation1 company1 association1 firm1 partnership1 society1 or joint stock company that is organized under the laws of the ,united ,states or any ,state and that conducts business in the ,united ,states that is not-- 7,i7 a private fund1 as defined in #bjb7;a7 of the ,investment ,advisers ,act of #aidj 7#ae ,u4,s4,c4 #hj;b-#b72 7,,ii7 a commodity pool1 as defined in section #a;a of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #a;a72 7,,iii7 an investment company1 as defined in section #c of the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a-#c72 or 7,,iv7 an issuer that would be an investment company but for an exemption provided in-- 7aa7 section #c7;c7 of the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a-#c7;c72 or 7bb7 section #bgj4c;a-#g of title #ag of the ,code of ,federal ,regulations or any similar successor regulation4 7,b7 ,in general ,visas shall be available1 in a number not to exceed #aj1jjj for each fiscal year1 to qualified immigrants seeking to enter the ,united ,states for the purpose of creating new businesses1 as described in this paragraph4 7,c7 ,eligibility ,an alien is eligible for a visa under this paragraph if-- 7i7 7,i7 the alien is a qualified entrepreneur2 7,,ii7 the alien maintained valid nonimmigrant status in the ,united ,states for at least #b years2 7,,iii7 during the #c-year period ending on the date the alien files an initial petition for such status under this section-- 7aa7 7,,aa7 the alien has a significant ownership in a ,united ,states business entity that has created no fewer than #e qualified jobs2 and 7,,bb7 a qualified venture capitalist1 a qualified super angel investor1 a qualified government entity1 a qualified community development financial institution1 qualified startup accelerator1 or such other entity or type of investors1 as determined by the ,secretary1 or any combination of such entities or investors1 has devoted a qualified investment or combination of qualified investments of not less than #ejj1jjj in total to the alien's ,united ,states business entity2 or 7bb7 7,,aa7 the alien has a significant ownership interest in a ,united ,states business entity that has created no fewer than #e qualified jobs2 and 7,,bb7 during the #b-year period ending on such date has generated not less than #gej1jjj in annual revenue within the ,united ,states2 and 7,,iv7 no more than #b other aliens have received nonimmigrant status under this section on the basis of an alien's ownership of such ,united ,states business entity2 7ii7 7,i7 the alien is a qualified entrepreneur2 7,,ii7 the alien maintained valid nonimmigrant status in the ,united ,states for at least #c years prior to the date of filing an application for such status2 7,,iii7 the alien holds an advanced degree in a field of science1 technology1 engineering1 or mathematics1 approved by the ,secretary2 and 7,,iv7 during the #c-year period ending on the date the alien files an initial petition for such status under this section-- 7aa7 7,,aa7 the alien has a significant ownership interest in a ,united ,states business entity that has created no fewer than #d qualified jobs2 and 7,,bb7 a qualified venture capitalist1 a qualified super angel investor1 a qualified government entity1 a qualified community development financial institution1 qualified startup accelerator1 or such other entity or type of investors1 as determined by the ,secretary1 or any combination of such entities or investors1 has devoted a qualified investment or combination of qualified investments of not less than #ejj1jjj in total to the alien's ,united ,states business entity2 or 7bb7 7,,aa7 the alien has a significant ownership interest in a ,united ,states business entity that has created no fewer than #c qualified jobs2 and 7,,bb7 during the #b-year period ending on such date has generated not less than #ejj1jjj in annual revenue within the ,united ,states2 and 7,v7 no more than #c other aliens have received nonimmigrant status under this section on the basis of an alien's ownership of such ,united ,states business entity4 7,d7 ,attestation ,the ,secretary may require an alien seeking a visa under this paragraph to attest1 under penalties of perjury1 to the alien's qualifications4 4 #dhjc4 ,administration and oversight 7a7 ,regulations ,not later than #af months after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,commerce1 the ,administrator of the ,small ,business ,administration1 and other heads of other relevant ,federal agencies and departments1 shall promulgate regulations to carry out the amendments made by this subtitle4 ,such regulations shall ensure that such amendments are implemented in a manner that is consistent with the protection of national security and promotion of ,united ,states economic growth1 job creation1 and competitiveness4 7b7 ,modification of dollar amounts 7#a7 ,in general ,the ,secretary may from time to time prescribe regulations increasing or decreasing any dollar amount specified in section #bjc7;b77#f7 of the ,immigration and ,nationality ,act1 as added by section #dhjb1 section #aja7;a77#ae77,x7 of such ,act1 as added by section #dhja1 or section #bad7s71 as added by section #dhja4 7#b7 ,automatic adjustment ,unless a dollar amount referred to in paragraph 7#a7 is adjusted by the ,secretary under paragraph 7#a71 such dollar amount shall automatically adjust on ,january #a1 #bjaf1 by the percentage change in the ,consumer ,price ,index 7,,cpi-,u7 during fiscal year #bjae1 and on every fifth subsequent ,january #a by the percentage change in the ,,cpi-,u during the previous #e fiscal years1 for any petition filed to classify an alien under this paragraph on or after the date of each automatic adjustment4 7c7 ,other authority ,the ,secretary1 in the ,secretary's unreviewable discretion1 may deny or revoke the approval of a petition seeking classification of an alien under paragraph 7#f7 of section #bjc7;b7 of the ,immigration and ,nationality ,act1 as added by section #dhjb1 or any other petition1 application1 or benefit based upon the previous or concurrent filing or approval of a petition for classification of an alien under such paragraph 7#f71 if the ,secretary determines1 in the ,secretary's sole and unreviewable discretion1 that the approval or continuation of such petition1 application1 or benefit is contrary to the national interest of the ,united ,states or for other good cause4 7d7 ,reports ,once every #c years1 the ,secretary shall submit to ,congress a report on this subtitle and the amendments made by this subtitle4 ,each such report shall include-- 7#a7 the number and percentage of entrepreneurs able to meet thresholds for nonimmigrant renewal and adjustment to green card status under the amendments made by this subtitle2 7#b7 an analysis of the program's economic impact including job and revenue creation1 increased investments and growth within business sectors and regions2 7#c7 a description and breakdown of types of businesses that entrepreneurs granted nonimmigrant or immigrant status are creating2 7#d7 for each report following the ,secretary's initial report submitted under this subsection1 a description of the percentage of the businesses initially created by the entrepreneurs granted immigrant and nonimmigrant status under this subtitle and the amendments made by this subtitle1 that are still in operation2 and 7#e7 any recommendations for improving the program established by this subtitle and the amendments made by this subtitle4 #dhjd4 ,permanent authorization of ,,eb-#e ,regional ,center ,program 7a7 ,repeal ,section #faj of the ,departments of ,commerce1 ,justice1 and ,state1 the ,judiciary1 and ,related ,agencies ,appropriations ,act1 #aiic 7#h ,u4,s4,c4 #aaec note7 is repealed4 7b7 ,authorization ,section #bjc7;b77#e7 7#h ,u4,s4,c4 #aaec7;b77#e77 is amended by adding at the end the following3 7,e7 ,regional center program 7i7 ,in general ,visas under this paragraph shall be made available to qualified immigrants participating in a program implementing this paragraph that involves a regional center in the ,united ,states1 which has been designated by the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,commerce1 on the basis of a general proposal for the promotion of economic growth1 including-- 7,i7 increased export sales2 7,,ii7 improved regional productivity2 7,,iii7 job creation2 or 7,,iv7 increased domestic capital investment4 7ii7 ,establishment of a regional center ,a regional center shall have jurisdiction over a defined geographic area1 which shall be described in the proposal and consistent with the purpose of concentrating pooled investment in defined economic zones4 ,the establishment of a regional center may be based on general predictions1 contained in the proposal1 concerning-- 7,i7 the kinds of commercial enterprises that will receive investments from aliens2 7,,ii7 the jobs that will be created directly or indirectly as a result of such investments2 and 7,,iii7 other positive economic effects such investments will have4 7iii7 ,compliance ,in determining compliance with subparagraph 7,a77ii71 the ,secretary of ,homeland ,security shall permit aliens admitted under the program described in this subparagraph to establish reasonable methodologies for determining the number of jobs created by the program1 including jobs estimated to have been created indirectly through-- 7,i7 revenues generated from increased exports1 improved regional productivity1 job creation2 or 7,,ii7 increased domestic capital investment resulting from the program1 including jobs created outside of the geographic boundary of the regional center as a result of the immigrant's investment in regional center-affiliated commercial enterprises4 7iv7 ,indirect job creation ,the ,secretary shall permit immigrants admitted under this paragraph to satisfy the requirements under subparagraph 7,a77ii7 with jobs that are estimated to be created indirectly through investment under this paragraph in accordance with this subparagraph4 7,f7 ,preapproval of business plans for regional center investments 7i7 ,petition ,before the filing of a petition under this subparagraph by an alien investor1 a commercial enterprise affiliated with a regional center may file a petition with the ,secretary of ,homeland ,security to preapprove a particular investment in the commercial enterprise1 as provided in-- 7,i7 a business plan for a specific capital investment project2 7,,ii7 investment documents1 such as subscription1 investment1 partnership1 and operating agreements2 and 7,,iii7 a credible economic analysis regarding estimated job creation that is based upon reasonable methodologies4 7ii7 ,preapproval procedure ,the ,secretary shall establish a process to facilitate the preapproval of business plans under this subparagraph related to investment in a regional center commercial enterprise1 which shall include an opportunity for the applicant to address and cure any deficiencies identified by the ,secretary in the applicant's business plan1 investment documents1 or statement regarding job creation prior to a final determination4 ,the ,secretary shall impose a fee for the use of the process described in this clause sufficient to recover the costs of its administration4 7iii7 ,effect of preapproval of business plan for investment in regional center commercial enterprise ,the preapproval of a petition under this subparagraph shall be binding for purposes of the adjudication of petitions filed under this subparagraph by immigrants investing in the commercial enterprise unless the ,secretary determines that there is evidence of fraud1 misrepresentation1 criminal misuse1 a threat to national security1 or other evidence affecting program eligibility that was not disclosed by the petitioner during the preapproval process4 7iv7 ,expedited processing option for alien investor petitions affiliated with preapproved business plans ,the ,secretary may establish a premium processing option for alien investors who are investing in a commercial enterprise that has received preapproval under this subparagraph and may impose a fee for the use of that option sufficient to recover all costs of the option4 7v7 ,consideration of criminal activity in establishing eligibility criteria ,the ,secretary shall consider the potential for fraud1 misrepresentation1 criminal misuse1 and threats to national security in establishing eligibility criteria for any program the ,secretary may establish under this subparagraph4 7,g7 ,regional center financial statements 7i7 ,in general ,each regional center designated under subparagraph 7,e7 shall annually submit1 to the ,director of ,u4,s4 ,citizenship and ,immigration ,services 7referred to in this subparagraph as the ,director71 in a manner prescribed by the ,secretary of ,homeland ,security1 financial statements1 including-- 7,i7 an accounting of all foreign investor money invested through the regional center2 and 7,,ii7 for each capital investment project-- 7aa7 an accounting of the aggregate capital invested through the regional center or affiliated commercial enterprises by immigrants under this paragraph2 7bb7 a description of how such funds are being used to execute the approved business plan2 7cc7 evidence that #ajj percent of such investor funds have been dedicated to the project2 7dd7 detailed evidence of the progress made toward the completion of the project2 7ee7 an accounting of the aggregate direct and indirect jobs created or preserved2 and 7ff7 a certification by the regional center that such statements are accurate4 7ii7 ,amendment of financial statements ,if the ,director determines that a financial statement required under clause 7i7 is deficient1 the ,director may require the regional center to amend or supplement such financial statement4 7iii7 ,sanctions 7,i7 ,effect of violation ,if the ,director determines1 after reviewing the financial statements submitted under clause 7i71 that a regional center1 director1 or other individual involved with a regional center 7other than an alien investor7 has violated any requirement under clause 7i7 or that the regional center is conducting itself in a manner inconsistent with its designation1 the ,director may sanction the violating entity or individual under subclause 7,,ii74 7,,ii7 ,authorized sanctions ,the ,director shall establish a graduated set of sanctions for violations referred to in subclause 7,i71 including-- 7aa7 fines equal to not more than #e percent of the total capital invested by immigrant investors in the commercial enterprise's approved business plan2 7bb7 temporary suspension from participation in the program described in subparagraph 7,e71 which may be lifted by the ,director if the individual or entity cures the alleged violation after being provided such an opportunity by the ,director2 7cc7 permanent bar from program participation for #a or more individuals affiliated with the regional center2 and 7dd7 termination of regional center status4 7,h7 ,bona fides of persons involved in regional centers 7i7 ,in general ,no person shall be permitted by any regional center to be involved with the regional center as its principal1 representative1 administrator1 owner1 officer1 board member1 manager1 executive1 general partner1 fiduciary1 marketer1 promoter1 or other similar position of substantive authority for the operations1 management or promotion of the regional center if the ,secretary of ,homeland ,security-- 7,i7 determines such person has been found liable within the previous #e years for any criminal or civil violation of any law relating to fraud or deceit1 or at any time if such violation involved a criminal conviction with a term of imprisonment of at least #a year or a criminal or civil violation of any law or agency regulation in connection with the purchase or sale of a security2 or 7,,ii7 knows or has reasonable cause to believe that the person is engaged in1 has ever been engaged in1 or seeks to engage in any-- 7aa7 illicit trafficking in any controlled substance2 7bb7 activity relating to espionage or sabotage2 7cc7 activity related to money laundering 7as described in section #aief or #aieg of title #ah1 ,united ,states ,code72 7dd7 terrorist activity 7as defined in clauses 7iii7 and 7iv7 of section #bab7;a77#c77;,b772 7ee7 human trafficking or human rights offense2 or 7ff7 violation of any statute1 regulation1 or ,executive ,order regarding foreign financial transactions or foreign asset control4 7ii7 ,information required ,the ,secretary shall require such attestations and information1 including1 the submission of fingerprints to the ,federal ,bureau of ,investigation1 and shall perform such criminal record checks and other background checks with respect to a regional center1 and persons involved in a regional center as described in clause 7i71 as the ,secretary considers appropriate to determine whether the regional center is in compliance with clause 7i74 ,the ,secretary may require the information and attestations described in this clause from such regional center1 and any person involved in the regional center1 at any time on or after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7iii7 ,termination ,the ,secretary is authorized1 in his or her unreviewable discretion1 to terminate any regional center from the program under this paragraph if he or she determines that-- 7,i7 the regional center is in violation of clause 7i72 7,,ii7 the regional center or any person involved with the regional center has provided any false attestation or information under clause 7ii72 7,,iii7 the regional center or any person involved with the regional center fails to provide an attestation or information requested by the ,secretary under clause 7ii72 or 7,,iv7 the regional center or any person involved with the regional center is engaged in fraud1 misrepresentation1 criminal misuse1 or threats to national security4 7,i7 ,regional center compliance with securities laws 7i7 ,certification required ,the ,secretary of ,homeland ,security shall not approve an application for regional center designation or regional center amendment that does not certify that the regional center and1 to the best knowledge of the applicant1 all parties to the regional center are in1 and will maintain1 compliance with the securities laws of the ,united ,states4 7ii7 ,termination or suspension ,the ,secretary shall terminate the designation of any regional center that does not provide the certification described in subclause 7i7 on an annual basis4 ,in addition to any other authority provided to the ,secretary regarding the regional center program described in subparagraph 7,e71 the ,secretary may1 in his or her unreviewable discretion1 suspend or terminate the designation of any regional center if he or she determines that the regional center or any party to the regional center-- 7,i7 is permanently or temporarily enjoined by order1 judgment1 or decree of any court of competent jurisdiction in connection with the purchase or sale of a security2 7,,ii7 is subject to any final order of the ,securities and ,exchange ,commission that-- 7aa7 bars such person from association with an entity regulated by the ,securities and ,exchange ,commission2 or 7bb7 constitutes a final order based on violations in connection with the purchase or sale of a security2 or 7,,iii7 knowingly submitted or caused to be submitted a certification described in clause 7i7 that contained an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made1 in the light of the circumstances under which they were made1 not misleading4 7iii7 ,savings provision ,nothing in this subparagraph may be construed to impair or limit the authority of the ,securities and ,exchange ,commission under the ,federal securities laws4 7iv7 ,defined term ,for the purpose of this subparagraph1 the term party to the regional center shall include the regional center1 its agents1 employees1 and attorneys1 and any persons in active concert or participation with the regional center4 7,j7 ,denial or revocation ,if the ,secretary of ,homeland ,security determines1 in his or her unreviewable discretion1 that the approval of a petition1 application1 or benefit described in this subparagraph is contrary to the national interest of the ,united ,states for reasons relating to fraud1 misrepresentation1 criminal misuse1 or threats to national security1 the ,secretary may deny or revoke the approval of-- 7i7 a petition seeking classification of an alien as an alien investor under this paragraph2 7ii7 a petition to remove conditions under section #baf;,a before granting lawful permanent resident status or any other petition1 application1 or benefit based upon the previous or concurrent filing or approval of a petition for classification of an alien under this paragraph2 or 7iii7 an application for designation as a regional center4 4 7c7 ,assistance by the ,secretary of ,commerce 7#a7 ,in general ,the ,secretary of ,commerce1 upon the request of the ,secretary1 shall provide consultation assistance for determining whether-- 7,a7 a proposed regional center should be designated1 terminated1 or subject to other adjudicative action2 or 7,b7 a petitioner or applicant for a benefit under section #bjc7;b77#e7 of the ,immigration and ,nationality ,act1 as amended by subsection 7b71 has met the requirements under such paragraph with respect to job creation4 7#b7 ,rulemaking ,the ,secretary and the ,secretary of ,commerce may each adopt such rules and regulations as are necessary to carry out the consultation process provided for in paragraph 7#a74 7#c7 ,savings provision ,nothing in this subsection shall be construed to require consultation with the ,secretary of ,commerce to continue the designation of a regional center approved before the date of the enactment of this ,act4 7d7 ,effective date ,the amendments made by this section-- 7#a7 shall be effective upon the enactment of this ,act2 and 7#b7 shall apply to-- 7,a7 any application to designate a regional center1 and any person involved with the regional center1 that is pending or approved on or after the date of the enactment of this ,act2 and 7,b7 any regional center approved before the date of the enactment of this ,act1 on or after a delayed effective date that is #a year after such date of enactment with respect to any person involved in the regional center on or after such delayed effective date4 #dhje4 ,conditional permanent resident status for certain employment-based immigrants1 spouses1 and children 7a7 ,in general ,section #baf;,a 7#h ,u4,s4,c4 #aahf;b7 is amended to read as follows3 #baf;,a4 ,conditional permanent resident status for certain employment-based immigrants1 spouses1 and children 7a7 ,in general 7#a7 ,conditional basis for status ,notwithstanding any other provision of this ,act1 employment-based immigrants 7as defined in subsection 7f7 7#a7 or 7#b771 alien spouses1 and alien children 7as defined in subsection 7f77#c77 shall be considered1 at the time of obtaining the status of an alien lawfully admitted for permanent residence1 to have obtained such status on a conditional basis subject to the provisions of this section4 7#b7 ,notice of requirements 7,a7 ,at time of obtaining permanent residence ,at the time an employment-based immigrant1 alien spouse1 or alien child obtains permanent resident status on a conditional basis under paragraph 7#a71 the ,secretary of ,homeland ,security shall provide for notice to the alien1 spouse1 or child respecting the provisions of this section and the requirements of subsection 7c77#a7 to have the conditional basis of such status removed4 7,b7 ,at time of required petition ,in addition1 the ,secretary of ,homeland ,security shall attempt to provide notice to an employment-based immigrant1 alien spouse1 or alien child1 at or about the beginning of the #ij-;day period described in subsection 7d77#c71 of the requirements of subsection 7c77#a74 7,c7 ,effect of failure to provide notice ,the failure of the ,secretary of ,homeland ,security to provide a notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to an employment-based immigrant1 alien spouse1 or alien child4 7b7 ,termination of status if finding that qualifying employment improper 7#a7 ,alien investor ,in the case of an alien investor with permanent resident status on a conditional basis under subsection 7a71 if the ,secretary of ,homeland ,security determines1 before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence1 that-- 7,a7 the investment in the commercial enterprise was intended as a means of evading the immigration laws of the ,united ,states2 7,b7 7i7 the alien did not invest1 or was not actively in the process of investing1 the requisite capital2 or 7ii7 the alien was not sustaining the actions described in clause 7i7 throughout the period of the alien's residence in the ,united ,states2 or 7,c7 subject to the exception in subsection 7d77#d71 the alien was otherwise not conforming to the requirements under section #bjc7;b77#e71 the ,secretary shall so notify the alien investor and1 subject to paragraph 7#c71 shall terminate the permanent resident status of the alien 7and the alien spouse and alien child7 involved as of the date of the determination4 7#b7 ,employee of a ,federal national security1 science1 and technology laboratory1 center or agency ,in the case of an employee of a ,federal national security1 science1 and technology laboratory1 center1 or agency 7as defined pursuant to section #bjc7;b77#b77;,c77 with permanent resident status on a conditional basis under subsection 7a71 if the ,secretary of ,homeland ,security1 in consultation with the relevant employing department or agency1 determines1 before the first anniversary of the alien's obtaining the status of lawful admission for permanent residence1 that-- 7,a7 the qualifying employment was intended as a means of evading the immigration laws of the ,united ,states2 7,b7 the alien has not completed or is not likely to complete #ab months of qualifying continuous employment2 or 7,c7 the alien did not otherwise conform with the requirements of section #bjc7;b77#b71 the ,secretary shall so notify the alien involved and1 subject to paragraph 7#c71 shall terminate the permanent resident status of the alien 7and the alien spouse and alien child7 involved as of the date of the determination4 7#c7 ,hearing in removal proceeding ,any alien whose permanent resident status is terminated under paragraph 7#a7 or 7#b7 may request a review of such determination in a proceeding to remove the alien4 ,in such proceeding1 the burden of proof shall be on the ,secretary of ,homeland ,security to establish1 by a preponderance of the evidence1 that a condition described in paragraph 7#a7 or 7#b71 as appropriate1 is met4 7c7 ,requirements of timely petition and interview for removal of condition 7#a7 ,in general 7,a7 ,petition and interview ,in order for the conditional basis established under subsection 7a7 for an employment-based immigrant1 alien spouse1 or alien child to be removed-- 7i7 the employment-based immigrant shall submit to the ,secretary of ,homeland ,security1 during the period described in subsection 7d77#c71 a petition which requests the removal of such conditional basis and which states1 under penalty of perjury1 the facts and information described in paragraph 7#a7 or 7#b7 of subsection 7d71 as appropriate2 and 7ii7 in accordance with subsection 7d77#c71 the employment-based immigrant must appear for a personal interview before an officer or employee of ,u4,s4 ,citizenship and ,immigration ,services respecting such facts and information4 7,b7 ,separate petition not required ,an alien spouse or alien child shall not be required to file separate petitions under subparagraph 7,a77i7 if the employment-based immigrant's petition includes such alien spouse or alien child4 7,c7 ,effect on spouse or child ,if the alien spouse or alien child obtains permanent residence on a conditional basis after the employment-based immigrant files a petition under subparagraph 7,a77i7-- 7i7 the conditional basis of the permanent residence of the alien spouse or alien child shall be removed upon approval of the employment-based immigrant's petition under this subsection2 7ii7 the permanent residence of the alien spouse or alien child shall be unconditional if-- 7,i7 the employment-based immigrant's petition is approved before the date on which the spouse or child obtains permanent residence2 or 7,,ii7 the employment-based immigrant dies after the approval of a petition under section #bjc7;b77#e72 and 7iii7 the alien child shall not be deemed ineligible for approval under section #bjc7;b77#e7 or removal of conditions under this section if the alien child reaches #ba years of age during-- 7,i7 the pendency of the employment-based immigrant's petition under section #bjc7;b77#e72 or 7,,ii7 conditional residency under such section4 7,d7 ,additional fee ,notwithstanding any other provision under this section1 the ,secretary may require the employment-based immigrant to pay an additional fee for a petition filed under subparagraph 7,a77i7 that includes the alien's spouse and child or children4 7#b7 ,termination of permanent resident status for failure to file petition or have personal interview 7,a7 ,in general ,in the case of an alien with permanent resident status on a conditional basis under subsection 7a71 if-- 7i7 no petition is filed with respect to the alien in accordance with the provisions of paragraph 7#a77;,a72 or 7ii7 unless there is good cause shown1 the employment-based immigrant fails to appear at the interview described in paragraph 7#a77;,b7 7if required under subsection 7d77#d771 the ,secretary of ,homeland ,security shall terminate the permanent resident status of the alien 7and the alien's spouse and children if it was obtained on a conditional basis under this section or section #baf7 as of the second anniversary of the alien's lawful admission for permanent residence4 7,b7 ,hearing in removal proceeding ,in any removal proceeding with respect to an alien whose permanent resident status is terminated under subparagraph 7,a71 the burden of proof shall be on the alien to establish compliance with the conditions of paragraphs 7#a77;,a7 and 7#a77;,b74 7#c7 ,determination after petition and interview 7,a7 ,in general ,if-- 7i7 a petition is filed in accordance with the provisions of paragraph 7#a77;,a72 and 7ii7 the employment-based immigrant appears at any interview described in paragraph 7#a77;,b71 the ,secretary of ,homeland ,security shall make a determination1 not later than #ij days after the date of such filing or interview 7whichever is later71 as to whether the facts and information described in paragraph 7#a7 or 7#b7 of subsection 7d71 as appropriate1 and alleged in the petition are true4 7,b7 ,removal of conditional basis if favorable determination 7i7 ,header ,if the ,secretary of ,homeland ,security determines with respect to a petition filed by an alien investor that such facts and information are true1 the ,secretary shall so notify the alien investor and shall remove the conditional basis of the alien's status effective as of the second anniversary of the alien's lawful admission for permanent residence4 7ii7 ,removal of conditional basis for employee of a ,federal national security1 science1 and technology laboratory1 center or agency ,if the ,secretary of ,homeland ,security determines with respect to a petition filed by an employee of a ,federal national security1 science1 and technology laboratory1 center1 or agency that such facts and information are true1 the ,secretary shall so notify the alien and shall remove the conditional basis of the alien's status effective as of the first anniversary of the alien's lawful admission for permanent residence4 7,c7 ,termination if adverse determination ,if the ,secretary of ,homeland ,security determines that such facts and information are not true1 the ,secretary shall so notify the alien involved and1 subject to subparagraph 7,d71 shall terminate the permanent resident status of an employment-based immigrant1 alien spouse1 or alien child as of the date of the determination4 7,d7 ,hearing in removal proceeding ,any alien whose permanent resident status is terminated under subparagraph 7,c7 may request a review of such determination in a proceeding to remove the alien4 ,in such proceeding1 the burden of proof shall be on the ,secretary of ,homeland ,security to establish1 by a preponderance of the evidence1 that the facts and information described in subsection 7d77#a7 and alleged in the petition are not true4 7d7 ,details of petition and interview 7#a7 ,contents of petition by alien investor ,each petition filed by an alien investor under section 7c77#a77;,a7 shall contain facts and information demonstrating that the alien-- 7,a7 7i7 invested1 or is actively in the process of investing1 the requisite capital2 and 7ii7 sustained the actions described in clause 7i7 throughout the period of the alien's residence in the ,united ,states2 and 7,b7 except as provided in paragraph 7#d71 is otherwise conforming to the requirements under section #bjc7;b77#e74 7#b7 ,contents of petition by employee of a ,federal national security1 science1 and technology laboratory1 center1 or agency ,each petition under subsection 7c77#a77;,a7 filed by an employee of a ,federal national security1 science1 and technology laboratory1 center1 or agency shall contain facts and information demonstrating that the alien is conforming to the requirements of section #bjc7;b77#b74 7#c7 ,period for filing petition 7,a7 #ij-;day period before anniversary ,except as provided in subparagraph 7,b71 the petition under subsection 7c77#a77;,a7 must be filed as follows3 7i7 ,in the case of an alien investor1 during the #ij-;day period before the second anniversary of the alien's lawful admission for permanent residence4 7ii7 ,in the case of an employee of a ,federal national security1 science1 and technology laboratory1 center1 or agency1 during the #ij-;day period before the first anniversary of the alien's lawful admission for permanent residence4 7,b7 ,late petitions ,such a petition may be considered if filed after such date1 but only if the alien establishes to the satisfaction of the ,secretary of ,homeland ,security good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph 7,a74 7,c7 ,filing of petitions during removal ,in the case of an alien who is the subject of removal hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph 7,a71 the ,secretary of ,homeland ,security may stay such removal proceedings against an alien pending the filing of the petition under subparagraph 7,b74 7#d7 ,personal interview ,the interview under subsection 7c77#a77;,b7 shall be conducted within #ij days after the date of submitting a petition under subsection 7c77#a77;,a7 and at a local office of ,u4,s4 ,citizenship and ,immigration ,services1 designated by the ,secretary of ,homeland ,security1 which is convenient to the parties involved4 ,the ,secretary1 in the discretion of the ,secretary1 may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate4 7#e7 ,special rule for alien investors in a regional center ,each petition under subsection 7c77#a77;,a7 filed by an alien investor who invests in accordance with section #bjc7;b77#e77;,e7 shall contain facts and information demonstrating that the alien is complying with the requirements under section #bjc7;b77#e71 except-- 7,a7 the alien shall not be subject to the requirements under section #bjc7;b77#e77;,a77ii72 and 7,b7 the petition shall contain the most recent financial statement filed by the regional center in which the alien has invested in accordance with section #bjc7;b77#e77;,g74 7e7 ,treatment of period for purposes of naturalization ,for purposes of title ,,iii1 in the case of an alien who is in the ,united ,states as a lawful permanent resident on a conditional basis under this section1 the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the ,united ,states as an alien lawfully admitted to the ,united ,states for permanent residence1 if the alien has had the conditional basis removed pursuant to this section4 7f7 ,fraud1 misrepresentation1 criminal misuse1 or threats to the public safety or national security ,if the ,secretary of ,homeland ,security determines1 in his or her sole and unreviewable discretion1 that the conditional permanent resident status granted to an employment-based immigrant under subsection 7a71 or to an alien researcher described in section #bjc7;b77#b77;,a77ii7 is contrary to the national interest of the ,united ,states for reasons relating to fraud1 misrepresentation1 criminal misuse1 or threats to national security1 the ,secretary shall-- 7#a7 notify the immigrant involved of such determination2 and 7#b7 terminate the permanent resident status of the immigrant involved 7and the alien spouse and alien children of such immigrant7 as of the date of such determination4 7g7 ,definitions ,in this section3 7#a7 ,the term alien investor means an alien who obtains the status of an alien lawfully admitted for permanent residence 7whether on a conditional basis or otherwise7 under section #bjc7;b77#e74 7#b7 ,the term alien spouse and the term alien child mean an alien who obtains the status of an alien lawfully admitted for permanent residence 7whether on a conditional basis or otherwise7 by virtue of being the spouse or child1 respectively1 of an alien investor or an employee of a ,federal national security1 science1 and technology laboratory1 center1 or agency4 7#c7 ,the term commercial enterprise includes a limited partnership4 7#d7 ,the term employment-based immigrant means an alien described in paragraph 7#a7 or 7#e74 7#e7 ,the term employee of a ,federal national security1 science1 and technology laboratory1 center1 or agency means an alien who obtains the status of an alien lawfully admitted for permanent residence 7whether on a conditional basis or otherwise7 under section #bjc7;b77#b77;,a77ii74 4 7b7 ,conforming amendment ,section #baf7;e7 7#h ,u4,s4,c4 #aahf;a7e77 is amended by inserting before the period at the end the following3 1 if the alien has had the conditional basis removed pursuant to this section4 7c7 ,clerical amendment ,the table of contents is amended by striking the item relating to section #baf;,a and inserting the following3 ,sec4 #baf;,a4 ,conditional permanent resident status for certain employment-based immigrants1 spouses1 and children4 4 #dhjf4 ,,eb-#e ,visa reforms 7a7 ,aliens not subject to direct numerical limitation ,section #bja7;b77#a7 7#h ,u4,s4,c4 #aaea7;b77#a771 as amended by sections #bajc7;c77#b71 #bbab7;d77#b71 #bcjg7;b71 and #bdjb1 is further amended by adding at the end the following3 7,p7 ,aliens who are the spouse or a child of an alien admitted as an employment-based immigrant under section #bjc7;b77#e74 4 7b7 ,technical amendment ,section #bjc7;b77#e71 as amended by this ,act1 is further amended by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security4 7c7 ,targeted employment areas 7#a7 ,in general ,section #bjc7;b77#e77;,b7 7#h ,u4,s4,c4 #aaec7;b77#e77;,b77 is amended to read as follows3 7,b7 ,set-aside for targeted employment areas 7i7 ,in general ,not fewer than #e1jjj of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who invest in a new commercial enterprise described in subparagraph 7,a71 which-- 7,i7 is investing such capital in a targeted employment area2 and 7,,ii7 will create employment in such targeted employment area4 7ii7 ,duration of high unemployment and poverty area designation ,a designation of a high unemployment or poverty area as a targeted employment area shall be valid for #e years and may be renewed for additional #e-year periods if the area continues to meet the definition of a high unemployment or poverty area4 ,an investor who has made the required amount of investment in such a targeted employment area during its period of designation shall not be required to increase the amount of investment based upon expiration of the designation4 4 7d7 ,adjustment of minimum ,,eb-#e investment amount ,section #bjc7;b77#e77;,c77i7 7#h ,u4,s4,c4 #aaec7;b77#e77;,c77i77 is amended-- 7#a7 by striking ,the ,attorney ,general and inserting ,the ,secretary of ,commerce2 7#b7 by striking ,secretary of ,state and inserting ,secretary of ,homeland ,security2 and 7#c7 by adding at the end the following3 ,unless adjusted by the ,secretary of ,commerce1 the amount specified in this clause shall automatically adjust1 on ,january #a1 #bjaf1 by the percentage change in the ,consumer ,price ,index 7,,cpi-,u7 during fiscal year #bjae1 and on every fifth subsequent ,january #a by the cumulative percentage change in the ,,cpi-,u during the previous #e fiscal years1 for any petition filed to classify an alien under this paragraph on or after the date of each automatic adjustment44 7e7 ,definitions 7#a7 ,in general ,section #bjc7;b77#e7 7#h ,u4,s4,c4 #aaec7;b77#e771 as amended by subsections 7b7 and 7c7 and section #dhjd1 is further amended-- 7,a7 by striking subparagraph 7,d7 and inserting following3 7,d7 ,calculation of full-time employment ,job creation under this paragraph may consist of employment measured in full-time equivalents1 such as intermittent or seasonal employment opportunities and construction jobs4 ,a full-time employment position is not a requirement for indirect job creation4 2 and 7,b7 by adding at the end the following3 7,k7 ,definitions ,in this paragraph3 7i7 ,the term capital means all real1 personal1 or mixed assets1 whether tangible or intangible1 owned or controlled by the investor1 or held in trust for the benefit of the investor1 to which the investor has unrestricted access1 which shall be valued at fair market value in ,united ,states dollars1 in accordance with ,generally ,accepted ,accounting ,principles1 at the time it is invested under this paragraph4 7ii7 ,the term full-time employment means employment in a position that requires at least #ce hours of service per week1 regardless of how many employees fill the position4 7iii7 ,the term high unemployment and poverty area means-- 7,i7 an area consisting of a census tract or contiguous census tracts that has an unemployment rate that is at least #aej percent of the national average unemployment rate and includes at least #a census tract with #bj percent of its residents living below the poverty level as determined by the ,bureau of the ,census2 or 7,,ii7 an area that is within the boundaries established for purposes of a ,federal or ,state economic development incentive program1 including areas defined as ,enterprise ,zones1 ,renewal ,communities1 ,promise ,zones1 and ,empowerment ,zones4 7iv7 ,the term rural area means-- 7,i7 any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of #bj1jjj or more 7based on the most recent decennial census of the ,united ,states72 or 7,,ii7 any city or town having a population of fewer than #bj1jjj 7based on the most recent decennial census of the ,united ,states7 that is located within a ,state having a population of fewer than #a1ejj1jjj 7based on the most recent decennial census of the ,united ,states74 7v7 ,the term targeted employment area means a rural area or a high unemployment and poverty area4 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall apply to any application for a visa under section #bjc7;b77#e7 of the ,immigration and ,nationality ,act that is filed on or after the date that is #a year after the date of the enactment of this ,act4 7f7 ,age determination for children of alien investors ,section #bjc7;h7 7#h ,u4,s4,c4 #aaec7;h77 is amended by adding at the end the following3 7#e7 ,age determination for children of alien investors ,an alien admitted under subsection 7d7 as a lawful permanent resident on a conditional basis as the child of an alien lawfully admitted for permanent residence under subsection 7b77#e71 whose lawful permanent resident status on a conditional basis is terminated under section #baf;,a1 shall continue to be considered a child of the principal alien for the purpose of a subsequent immigrant petition by such alien under subsection 7b77#e7 if the alien remains unmarried and the subsequent petition is filed by the principal alien not later than #a year after the termination of conditional lawful permanent resident status4 ,no alien shall be considered a child under this paragraph with respect to more than #a petition filed after the alien's #bast birthday4 4 7g7 ,enhanced pay scale for certain ,federal employees administering the ,,eb-#e ,program ,the ,secretary may establish1 fix the compensation of1 and appoint individuals to1 designated critical administrative1 technical1 and professional positions needed to administer sections #bjc7;b77#e7 and #baf;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e7 and #aahf;b74 7h7 ,delegation of certain ,,eb-#e authority 7#a7 ,in general ,the ,secretary of ,homeland ,security may delegate to the ,secretary of ,commerce authority and responsibility for determinations under sections #bjc7;b77#e7 and #baf;,a 7with respect to alien entrepreneurs7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e7 and #aahf;a71 including determining whether an alien has met employment creation requirements4 7#b7 ,regulations ,the ,secretary of ,homeland ,security and the ,secretary of ,commerce may each adopt such rules and regulations as are necessary to carry out the delegation authorized under paragraph 7#a71 including regulations governing the eligibility criteria for obtaining benefits pursuant to the amendments made by this section4 7#c7 ,use of fees ,adjudication fees described in section #bhf7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7m77 shall remain available until expended to reimburse the ,secretary of ,commerce for the costs of any determinations made by the ,secretary of ,commerce under paragraph 7#a74 7i7 ,concurrent filing of ,,eb-#e petitions and applications for adjustment of status ,section #bde 7#h ,u4,s4,c4 #abee71 as amended by section #dbcg7;b71 is further amended-- 7#a7 in subsection 7k71 in the matter preceding paragraph 7#a71 by striking or 7#c7 and inserting 7#c71 7#e71 or 7#g72 and 7#b7 by adding at the end the following3 7o7 ,at the time a petition is filed for classification under section #bjc7;b77#e71 if the approval of such petition would make a visa immediately available to the alien beneficiary1 the alien beneficiary's application for adjustment of status under this section shall be considered to be properly filed whether the application is submitted concurrently with1 or subsequent to1 the visa petition4 4 #dhjg4 ,authorization of appropriations 7a7 ,funding ,there are authorized to be appropriated from the ,trust ,fund established under section #f7;a7 such sums as may be necessary to carry out sections #aaaj1 #baja1 #bajd1 #bbab1 #bbac1 #bbba1 #bbcb1 #ccja1 #ceja1 #cejb1 #cejc1 #cejd1 #ceje1 #cejf1 #cfje1 #cfaj1 #dbba1 and #ddja of this ,act4 7b7 ,availability of funds ,amounts appropriated pursuant to this section shall remain available until expended unless otherwise specified in this ,act4 ,i ,student and ,exchange ,visitor ,programs #dija4 ,short title ,this subtitle may be cited as the ,student ,visa ,integrity ,act4 #dijb4 ,,sevis and ,,sevp defined ,in this subtitle3 7#a7 ,,sevis ,the term ,,sevis means the ,student and ,exchange ,visitor ,information ,system of the ,department of ,homeland ,security4 7#b7 ,,sevp ,the term ,,sevp means the ,student and ,exchange ,visitor ,program of the ,department of ,homeland ,security4 #dijc4 ,increased criminal penalties ,section #aedf7;a7 of title #ah1 ,united ,states ,code1 is amended by striking #aj years and inserting #ae years 7if the offense was committed by an owner1 official1 employee1 or agent of an educational institution with respect to such institution's participation in the ,student and ,exchange ,visitor ,program71 #aj years4 #dijd4 ,accreditation requirement ,section #aja7;a77#eb7 7#h ,u4,s4,c4 #aaja7;a77#eb77 is amended to read as follows3 7#eb7 ,except as provided in section #bad7m77#d71 the term accredited college1 university1 or language training program means a college1 university1 or language training program that is accredited by an accrediting agency recognized by the ,secretary of ,education4 4 #dije4 ,other academic institutions ,section #bad7m7 7#h ,u4,s4,c4 #aahd7m77 is amended by adding at the end the following3 7#c7 ,the ,secretary of ,homeland ,security shall require accreditation of an academic institution 7except for seminaries or other religious institutions7 for purposes of section #aja7;a77#ae77;,f7 if-- 7,a7 that institution is not already required to be accredited under section #aja7;a77#ae77;,f77i72 and 7,b7 an appropriate accrediting agency recognized by the ,secretary of ,education is able to provide such accreditation4 7#d7 ,the ,secretary of ,homeland ,security1 in the ,secretary's discretion1 may waive the accreditation requirement in section #aja7;a77#ae77;,f77i7 with respect to an accredited college1 university1 or language training program if the academic institution-- 7,a7 is otherwise in compliance with the requirements of such section2 and 7,b7 is1 on the date of the enactment of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif1 a candidate for accreditation or1 after such date1 has been a candidate for accreditation for at least #a year and continues to progress toward accreditation by an accreditation agency recognized by the ,secretary of ,education4 4 #dijf4 ,penalties for failure to comply with ,,sevis reporting requirements ,section #fda of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb7 is amended-- 7#a7 in subsection 7c77#a7-- 7,a7 by striking institution11 each place it appears and inserting institution12 and 7,b7 in subparagraph 7,d71 by striking and at the end2 7#b7 in subsection 7d77#b71 by striking fails to provide the specified information and all that follows and inserting 8does not comply with the reporting requirements set forth in this section1 the ,secretary of ,homeland ,security may-- 7,a7 impose a monetary fine on such institution in an amount to be determined by the ,secretary2 and 7,b7 suspend the authority of such institution to issue a ,form ,i-#bj to any alien4 4 #dijg4 ,visa fraud 7a7 ,immediate withdrawal of ,,sevp certification ,section #fda7;d7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb7;d77 is amended-- 7#a7 in paragraph 7#a77;,a71 by striking institution11 and inserting institution12 and 7#b7 by adding at the end the following3 7#c7 ,effect of reasonable suspicion of fraud ,if the ,secretary of ,homeland ,security has reasonable suspicion that an owner of1 or a designated school official at1 an approved institution of higher education1 an other approved educational institution1 or a designated exchange visitor program has committed fraud or attempted to commit fraud relating to any aspect of the ,student and ,exchange ,visitor ,program1 or if such owner or designated school official is indicted for such fraud1 the ,secretary may immediately-- 7,a7 suspend such certification without prior notification2 and 7,b7 suspend such official's or such school's access to the ,student and ,exchange ,visitor ,information ,system 7,,sevis74 4 7b7 ,effect of conviction for visa fraud ,section #fda7;d7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif1 as amended by subsection 7a71 is further amended by adding at the end the following3 7#e7 ,permanent disqualification for fraud ,a designated school official at1 or an owner of1 an approved institution of higher education1 an other approved educational institution1 or a designated exchange visitor program who is convicted for fraud relating to any aspect of the ,student and ,exchange ,visitor ,program shall be permanently disqualified from filing future petitions and from having an ownership interest or a management role 7including serving as a principal1 owner1 officer1 board member1 general partner1 designated school official1 or any other position of substantive authority for the operations or management of the institution7 in any ,united ,states educational institution that enrolls nonimmigrant alien students described in subparagraph 7,f7 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae774 4 #dijh4 ,background checks 7a7 ,in general ,section #fda7;d7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb7;d771 as amended by section #dijg of this ,act1 is further amended by adding at the end the following3 7#f7 ,background check requirement 7,a7 ,in general ,an individual may not serve as a designated school official or be granted access to ,,sevis unless the individual is a national of the ,united ,states or an alien lawfully admitted for permanent residence and during the most recent #c-year period-- 7i7 the ,secretary of ,homeland ,security has-- 7,i7 conducted a thorough background check on the individual1 including a review of the individual's criminal and sex offender history and the verification of the individual's immigration status2 and 7,,ii7 determined that the individual-- 7aa7 has not been convicted of any violation of ,united ,states immigration law2 and 7bb7 is not a risk to the national security of the ,united ,states2 and 7ii7 the individual has successfully completed an on-line training course on ,,sevp and ,,sevis1 which has been developed by the ,secretary4 7,b7 ,interim designated school official 7i7 ,in general ,an individual may serve as an interim designated school official during the period that the ,secretary is conducting the background check required by subparagraph 7,a77i77,i74 7ii7 ,reviews by the ,secretary ,if an individual serving as an interim designated school official under clause 7i7 does not successfully complete the background check required by subparagraph 7,a77i77,i71 the ,secretary shall review each ,form ,i-#bj issued by such interim designated school official4 7#g7 ,fee ,the ,secretary is authorized to collect a fee from an approved school for each background check conducted under paragraph 7#f77;,a77i74 ,the amount of such fee shall be equal to the average amount expended by the ,secretary to conduct such background checks4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date that is #a year after the date of the enactment of this ,act4 #diji4 ,revocation of authority to issue ,form ,i-#bj of flight schools not certified by the ,federal ,aviation ,administration ,immediately upon the enactment of this ,act1 the ,secretary shall prohibit any flight school in the ,united ,states from accessing ,,sevis or issuing a ,form ,i-#bj to an alien seeking a student visa pursuant to subparagraph 7,f77i7 or 7,m77i7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 if the flight school has not been certified to the satisfaction of the ,secretary and by the ,federal ,aviation ,administration pursuant to part #ada or part #adb of title #ad1 ,code of ,federal ,regulations 7or similar successor regulations74 #diaj4 ,revocation of accreditation ,at the time an accrediting agency or association is required to notify the ,secretary of ,education and the appropriate ,state licensing or authorizing agency of the final denial1 withdrawal1 suspension1 or termination of accreditation of an institution pursuant to section #dif of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b71 such accrediting agency or association shall notify the ,secretary of ,homeland ,security of such determination and the ,secretary of ,homeland ,security shall immediately withdraw the school from the ,,sevp and prohibit the school from accessing ,,sevis4 #diaa4 ,report on risk assessment ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report that contains the risk assessment strategy that will be employed by the ,secretary to identify1 investigate1 and take appropriate action against schools and school officials that are facilitating the issuance of ,form ,i-#bj and the maintenance of student visa status in violation of the immigration laws of the ,united ,states4 #diab4 ,implementation of ,,gao recommendations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report that describes-- 7#a7 the process in place to identify and assess risks in the ,,sevp2 7#b7 a risk assessment process to allocate ,,sevp's resources based on risk2 7#c7 the procedures in place for consistently ensuring a school's eligibility1 including consistently verifying in lieu of letters2 7#d7 how ,,sevp identified and addressed missing school case files2 7#e7 a plan to develop and implement a process to monitor ,state licensing and accreditation status of all ,,sevp-certified schools2 7#f7 whether all flight schools that have not been certified to the satisfaction of the ,secretary and by the ,federal ,aviation ,administration have been removed from the program and have been restricted from accessing ,,sevis2 7#g7 the standard operating procedures that govern coordination among ,,sevp1 ,counterterrorism and ,criminal ,exploitation ,unit1 and ,u4,s4 ,immigration and ,customs ,enforcement field offices2 and 7#h7 the established criteria for referring cases of a potentially criminal nature from ,,sevp to the counterterrorism and intelligence community4 #diac4 ,implementation of ,,sevis ,,ii ,not later than #b years after the date of the enactment of this ,act1 the ,secretary shall complete the deployment of both phases of the second generation ,student and ,exchange ,visitor ,information ,system 7commonly known as ,,sevis ,,ii74 ,v ,jobs for ,youth #eaja4 ,definitions ,in this title3 7#a7 ,chief elected official ,the term chief elected official means the chief elected executive officer of a unit of local government in a local workforce investment area or in the case in which such an area includes more than one unit of general government1 the individuals designated under an agreement described in section #aag7;c77#a77;,b7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhcb7;c77#a77;,b774 7#b7 ,local workforce investment area ,the term local workforce investment area means such area designated under section #aaf of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhca74 7#c7 ,local workforce investment board ,the term local workforce investment board means such board established under section #aag of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhcb74 7#d7 ,low-income youth ,the term low-income youth means an individual who-- 7,a7 is not younger than #af but is younger than #be2 7,b7 meets the definition of a low-income individual provided in section #aja7be7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja7be771 except that ,states and local workforce investment areas1 subject to approval in the applicable ,state plans and local plans1 may increase the income level specified in subparagraph 7,b77i7 of such section to an amount not in excess of #bjj percent of the poverty line for purposes of determining eligibility for participation in activities under section #eajc2 and 7,c7 is in one or more of the categories specified in section #aja7ac77;,c7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja7ac77;,c774 7#e7 ,poverty line ,the term poverty line means a poverty line as defined in section #fgc of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb71 applicable to a family of the size involved4 7#f7 ,state ,the term ,state means each of the several ,states of the ,united ,states1 and the ,district of ,columbia4 #eajb4 ,establishment of ,youth ,jobs ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states an account that shall be known as the ,youth ,jobs ,fund 7referred to in this title as the ,fund74 7b7 ,deposits into the fund ,out of any amounts in the ,treasury not otherwise appropriated1 there is appropriated #a1ejj1jjj1jjj for fiscal year #bjad1 which shall be paid to the ,fund1 to be used by the ,secretary of ,labor to carry out this title4 7c7 ,availability of funds ,of the amounts deposited into the ,fund under subsection 7b71 the ,secretary of ,labor shall allocate #a1ejj1jjj1jjj to provide summer and year-round employment opportunities to low-income youth in accordance with section #eajc4 7d7 ,period of availability ,the amounts appropriated under this title shall be available for obligation by the ,secretary of ,labor until ,december #ca1 #bjad1 and shall be available for expenditure by grantees 7including subgrantees7 until ,september #cj1 #bjae4 #eajc4 ,summer employment and year-round employment opportunities for low-income youth 7a7 ,in general ,from the funds available under section #eajb7;c71 the ,secretary of ,labor shall make an allotment under subsection 7c7 to each ,state that has a modification to a ,state plan approved under section #aab of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhbb7 7referred to in this section as a ,state plan modification7 7or other ,state request for funds specified in guidance under subsection 7b77 approved under subsection 7d7 and recipient under section #aff7;c7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #biaa7;c77 7referred to in this section as a ,native ,american grantee7 that meets the requirements of this section1 for the purpose of providing summer employment and year-round employment opportunities to low-income youth4 7b7 ,guidance and application of requirements 7#a7 ,guidance ,not later than #bj days after the date of enactment of this ,act1 the ,secretary of ,labor shall issue guidance regarding the implementation of this section4 7#b7 ,procedures ,such guidance shall1 consistent with this section1 include procedures for-- 7,a7 the submission and approval of ,state plan modifications1 for such other forms of requests for funds by the ,state as may be identified in such guidance1 for modifications to local plans approved under section #aah of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhcc7 7referred to individually in this section as a local plan modification71 or for such other forms of requests for funds by local workforce investment areas as may be identified in such guidance1 that promote the expeditious and effective implementation of the activities authorized under this section2 and 7,b7 the allotment and allocation of funds1 including reallotment and reallocation of such funds1 that promote such implementation4 7#c7 ,requirements ,except as otherwise provided in the guidance described in paragraph 7#a7 and in this section and other provisions of this title1 the funds provided for activities under this section shall be administered in accordance with the provisions of subtitles ,b and ,e of title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhaa et seq41 #biaa et seq47 relating to youth activities4 7c7 ,state allotments 7#a7 ,in general ,using the funds described in subsection 7a71 the ,secretary of ,labor shall allot to each ,state the total of the amounts assigned to the ,state under subparagraphs 7,a7 and 7,b7 of paragraph 7#b74 7#b7 ,assignments to ,states 7,a7 ,minimum amounts ,using funds described in subsection 7a71 the ,secretary of ,labor shall assign to each ,state an amount equal to of #a percent of such funds4 7,b7 ,formula amounts ,the ,secretary of ,labor shall assign the remainder of the funds described in subsection 7a7 among the ,states by assigning-- 7i7 #cca_/c percent on the basis of the relative number of individuals in the civilian labor force who are not younger than #af but younger than #be in each ,state1 compared to the total number of individuals in the civilian labor force who are not younger than #af but younger than #be in all ,states2 7ii7 #cca_/c percent on the basis of the relative number of unemployed individuals in each ,state1 compared to the total number of unemployed individuals in all ,states2 and 7iii7 #cca_/c on the basis of the relative number of disadvantaged young adults and youth in each ,state1 compared to the total number of disadvantaged young adults and youth in all ,states4 7#c7 ,reallotment ,if the ,governor of a ,state does not submit a ,state plan modification or other ,state request for funds specified in guidance under subsection 7b7 by the date specified in subsection 7d77#b77;,a71 or a ,state does not receive approval of such ,state plan modification or request1 the amount the ,state would have been eligible to receive pursuant to paragraph 7#a7 shall be allocated to ,states that receive approval of ,state plan modifications or requests specified in the guidance4 ,each such ,state shall receive a share of the total amount available for reallotment under this paragraph1 in accordance with the ,state's share of the total amount allotted under paragraph 7#a7 to such ,state4 7#d7 ,definitions ,for purposes of paragraph 7#b71 the term disadvantaged young adult or youth means an individual who is not younger than #af but is younger than #be who received an income1 or is a member of a family that received a total family income1 that1 in relation to family size1 does not exceed the higher of-- 7,a7 the poverty line2 or 7,b7 #gj percent of the lower living standard income level4 7d7 ,state plan modification 7#a7 ,in general ,for a ,state to be eligible to receive an allotment of funds under subsection 7c71 the ,governor of the ,state shall submit to the ,secretary of ,labor a ,state plan modification1 or other ,state request for funds specified in guidance under subsection 7b71 in such form and containing such information as the ,secretary may require4 ,at a minimum1 such ,state plan modification or request shall include-- 7,a7 a description of the strategies and activities to be carried out to provide summer employment opportunities and year-round employment opportunities1 including linkages to training and educational activities1 consistent with subsection 7f72 7,b7 a description of the requirements the ,state will apply relating to the eligibility of low-income youth1 consistent with section #eaja7d71 for summer employment opportunities and year-round employment opportunities1 which requirements may include criteria to target assistance to particular categories of such low-income youth1 such as youth with disabilities1 consistent with subsection 7f72 7,c7 a description of the performance outcomes to be achieved by the ,state through the activities carried out under this section and the processes the ,state will use to track performance1 consistent with guidance provided by the ,secretary of ,labor regarding such outcomes and processes and with section #eajd7;b72 7,d7 a description of the timelines for implementation of the strategies and activities described in subparagraph 7,a71 and the number of low-income youth expected to be placed in summer employment opportunities1 and year-round employment opportunities1 respectively1 by quarter2 7,e7 assurances that the ,state will report such information1 relating to fiscal1 performance1 and other matters1 as the ,secretary may require and as the ,secretary determines is necessary to effectively monitor the activities carried out under this section2 7,f7 assurances that the ,state will ensure compliance with the requirements1 restrictions1 labor standards1 and other provisions described in section #eajd7;a72 and 7,g7 if a local board and chief elected official in the ,state will provide employment opportunities with the link to training and educational activities described in subsection 7f77#b77;,b71 a description of how the training and educational activities will lead to the industry-recognized credential involved4 7#b7 ,submission and approval of ,state plan modification or request 7,a7 ,submission ,the ,governor shall submit the ,state plan modification or other ,state request for funds specified in guidance under subsection 7b7 to the ,secretary of ,labor not later than #cj days after the issuance of such guidance4 7,b7 ,approval ,the ,secretary of ,labor shall approve the ,state plan modification or request submitted under subparagraph 7,a7 within #cj days after submission1 unless the ,secretary determines that the plan or request is inconsistent with the requirements of this section4 ,if the ,secretary has not made a determination within that #cj-;day period1 the plan or request shall be considered to be approved4 ,if the plan or request is disapproved1 the ,secretary may provide a reasonable period of time in which the plan or request may be amended and resubmitted for approval4 ,if the plan or request is approved1 the ,secretary shall allot funds to the ,state under subsection 7c7 within #cj days after such approval4 7#c7 ,modifications to ,state plan or request ,the ,governor may submit further modifications to a ,state plan modification or other ,state request for funds specified under subsection 7b71 consistent with the requirements of this section4 7e7 ,within-,state allocation and administration 7#a7 ,in general ,of the funds allotted to the ,state under subsection 7c71 the ,governor-- 7,a7 may reserve not more than #e percent of the funds for administration and technical assistance2 and 7,b7 shall allocate the remainder of the funds among local workforce investment areas within the ,state in accordance with clauses 7i7 through 7iii7 of subsection 7c77#b77;,b71 except that for purposes of such allocation references to a ,state in subsection 7c77#b77;,b7 shall be deemed to be references to a local workforce investment area and references to all ,states shall be deemed to be references to all local workforce investment areas in the ,state involved4 7#b7 ,local plan 7,a7 ,submission ,in order to receive an allocation under paragraph 7#a77;,b71 the local workforce investment board1 in partnership with the chief elected official for the local workforce investment area involved1 shall submit to the ,governor a local plan modification1 or such other request for funds by local workforce investment areas as may be specified in guidance under subsection 7b71 not later than #cj days after the submission by the ,state of the ,state plan modification or other ,state request for funds specified in guidance under subsection 7b71 describing the strategies and activities to be carried out under this section4 7,b7 ,approval ,the ,governor shall approve the local plan modification or other local request for funds submitted under subparagraph 7,a7 within #cj days after submission1 unless the ,governor determines that the plan or request is inconsistent with requirements of this section4 ,if the ,governor has not made a determination within that #cj-;day period1 the plan shall be considered to be approved4 ,if the plan or request is disapproved1 the ,governor may provide a reasonable period of time in which the plan or request may be amended and resubmitted for approval4 ,if the plan or request is approved1 the ,governor shall allocate funds to the local workforce investment area within #cj days after such approval4 7#c7 ,reallocation ,if a local workforce investment board and chief elected official do not submit a local plan modification 7or other local request for funds specified in guidance under subsection 7b77 by the date specified in paragraph 7#b71 or the ,governor disapproves a local plan1 the amount the local workforce investment area would have been eligible to receive pursuant to the formula under paragraph 7#a77;,b7 shall be allocated to local workforce investment areas that receive approval of their local plan modifications or local requests for funds under paragraph 7#b74 ,each such local workforce investment area shall receive a share of the total amount available for reallocation under this paragraph1 in accordance with the area's share of the total amount allocated under paragraph 7#a77;,b7 to such local workforce investment areas4 7f7 ,use of funds 7#a7 ,in general ,the funds made available under this section shall be used-- 7,a7 to provide summer employment opportunities for low-income youth1 with direct linkages to academic and occupational learning1 and may be used to provide supportive services1 such as transportation or child care1 that is necessary to enable the participation of such youth in the opportunities2 and 7,b7 to provide year-round employment opportunities1 which may be combined with other activities authorized under section #abi of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhed71 to low-income youth4 7#b7 ,program priorities ,in administering the funds under this section1 the local board and chief elected official shall give priority to-- 7,a7 identifying employment opportunities that are-- 7i7 in emerging or in-demand occupations in the local workforce investment area2 or 7ii7 in the public or nonprofit sector and meet community needs2 and 7,b7 linking participants in year-round employment opportunities to training and educational activities that will provide such participants an industry-recognized certificate or credential 7referred to in this title as an industry-recognized credential74 7#c7 ,administration ,not more than #e percent of the funds allocated to a local workforce investment area under this section may be used for the costs of administration of this section4 7#d7 ,performance accountability ,for activities funded under this section1 in lieu of meeting the requirements described in section #acf of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhga71 ,states and local workforce investment areas shall provide such reports as the ,secretary of ,labor may require regarding the performance outcomes described in section #eajd7;b77#e74 #eajd4 ,general requirements 7a7 ,labor standards and protections ,activities provided with funds made available under this title shall be subject to the requirements and restrictions1 including the labor standards1 described in section #aha of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bica7 and the nondiscrimination provisions of section #ahh of such ,act 7#bi ,u4,s4,c4 #bich71 in addition to other applicable ,federal laws4 7b7 ,reporting ,the ,secretary of ,labor may require the reporting of information relating to fiscal1 performance and other matters that the ,secretary determines is necessary to effectively monitor the activities carried out with funds provided under this title4 ,at a minimum1 recipients of grants 7including recipients of subgrants7 under this title shall provide information relating to-- 7#a7 the number of individuals participating in activities with funds provided under this title and the number of such individuals who have completed such participation2 7#b7 the expenditures of funds provided under this title2 7#c7 the number of jobs created pursuant to the activities carried out under this title2 7#d7 the demographic characteristics of individuals participating in activities under this title2 and 7#e7 the performance outcomes for individuals participating in activities under this title1 including-- 7,a7 for low-income youth participating in summer employment activities under section #eajc1 performance on indicators consisting of-- 7i7 work readiness skill attainment using an employer validated checklist2 7ii7 placement in or return to secondary or postsecondary education or training1 or entry into unsubsidized employment2 and 7,b7 for low-income youth participating in year-round employment activities under section #eajc1 performance on indicators consisting of-- 7i7 placement in or return to postsecondary education2 7ii7 attainment of a secondary school diploma or its recognized equivalent2 7iii7 attainment of an industry-recognized credential2 and 7iv7 entry into1 retention in1 and earnings in1 unsubsidized employment4 7c7 ,activities required ,to be additional ,funds provided under this title shall only be used for activities that are in addition to activities that would otherwise be available in the ,state or local workforce investment area in the absence of such funds4 7d7 ,additional requirements ,the ,secretary of ,labor may establish such additional requirements as the ,secretary determines may be necessary to ensure fiscal integrity1 effective monitoring1 and the appropriate and prompt implementation of the activities under this title4 7e7 ,report of information and evaluations to ,congress and the public ,the ,secretary of ,labor shall provide to the appropriate committees of ,congress and make available to the public the information reported pursuant to subsection 7b74 #eaje4 ,visa surcharge 7a7 ,collection 7#a7 ,in general ,subject to paragraph 7#b71 and in addition to any fees otherwise imposed for such visas1 the ,secretary shall collect a surcharge of #aj from an employer that submits an application for-- 7,a7 an employment-based visa under paragraph 7#c71 7#d71 7#e71 or 7#f7 of section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b772 and 7,b7 a nonimmigrant visa under subparagraph 7,c71 7,h77i77b71 7,h77i77c71 7,h77ii77a71 7,h77ii77,b71 7,o71 7,p71 7,r71 or 7,w7 of section #aja7;a77#ae7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#ae774 7#b7 ,expiration ,the ,secretary shall suspend the collection of the surcharge authorized under paragraph 7#a7 on the date on which the ,secretary has collected a cumulative total of #a1ejj1jjj1jjj under this subsection4 7b7 ,deposit ,all of the amounts collected under subsection 7a77#a7 shall be deposited in the general fund of the ,treasury4 ,passed the ,senate ,june #bg1 #bjac4 ,secretary