,i #aadth ,,congress #b;d ,session ,h4 ,r4 #decj ,,in ,,the ,,house ,,of ,,representatives ,february #aj1 #bjaf ,mr4 ,polis 7for himself and ,mr4 ,amodei7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to implement integrity measures to strengthen the ,,eb-#e ,regional ,center ,program in order to promote and reform foreign capital investment and job creation in ,american communities4 #a4 ,short title ,this ,act may be cited as the ,,eb-#e ,integrity ,act of #bjaf4 #b4 ,reform of the regional center program 7a7 ,integrity reforms ,section #bjc7;b77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e77 is amended by adding at the end the following3 7,e7 ,regional center program 7i7 ,processing ,in processing petitions under section #bjd7;a77#a77;,h7 for classification under this paragraph1 the ,secretary of ,homeland ,security-- 7,i7 may process petitions in a manner and order established by the ,secretary2 and 7,,ii7 shall deem such petitions to include records previously filed with the ,secretary pursuant to subparagraph 7,f7 if the alien petitioner certifies that such records are incorporated by reference into the alien's petition4 7ii7 ,establishment of a regional center ,a regional center shall operate within a defined and limited geographic area1 which shall be described in the proposal and be consistent with the purpose of concentrating pooled investment within such area4 ,the proposal to establish a regional center shall-- 7,i7 demonstrate that the pooled investment will have a significant economic impact on such geographic area2 7,,ii7 include reasonable predictions1 supported by economically and statistically valid forecasting tools1 concerning-- 7aa7 the amount of investment that will be pooled2 7bb7 the kinds of commercial enterprises that will receive such investments2 7cc7 the details of the jobs that will be created directly or indirectly as a result of such investments2 and 7dd7 other positive economic effects such investments will have2 and 7,,iii7 include a description of the policies and procedures in place reasonably designed to monitor new commercial enterprises and any affiliated job-creating entity to ensure compliance with-- 7aa7 all applicable laws1 regulations1 and ,executive orders of the ,united ,states1 including immigration laws 7as defined in section #aja7;a77#ag77 and securities laws2 and 7bb7 all securities laws of each ,state in which securities offerings will be conducted1 investment advice will be rendered1 or the offerors or offerees reside4 7iii7 ,compliance 7,i7 ,in general ,in determining compliance with subparagraph 7,a77ii71 the ,secretary of ,homeland ,security shall permit aliens seeking admission under this subparagraph to rely on economically and statistically valid methodologies for determining the number of jobs created by the program1 including-- 7aa7 jobs estimated to have been created directly1 which may be verified using such methodologies1 provided that the ,secretary may request additional evidence to verify that the directly created jobs satisfy the requirements under subparagraph 7,a77ii72 and 7bb7 consistent with this subparagraph1 jobs estimated to have been created indirectly through revenues generated from increased exports1 improved regional productivity1 job creation1 and increased domestic capital investment resulting from the program4 7,,ii7 ,job and investment requirements 7aa7 ,relocated jobs ,in determining compliance with the job creation requirement under subparagraph 7,a77ii71 the ,secretary may include jobs estimated to be created under a methodology that attributes jobs to prospective tenants occupying commercial real estate created or improved by capital investments if the number of such jobs estimated to be created has been determined by an economically and statistically valid methodology and such jobs are not existing jobs that have been relocated4 7bb7 ,publicly available bonds ,alien investor capital may not be utilized1 by a new commercial enterprise or otherwise1 to purchase municipal bonds or any other bonds1 if such bonds are available to the general public1 either as part of a primary offering or from a secondary market4 7iv7 ,amendments ,the ,secretary of ,homeland ,security shall-- 7,i7 require regional centers to give advance notice to1 and obtain approval from1 the ,secretary of significant proposed changes to their organizational structure1 ownership1 or administration1 including the sale of such centers or other arrangements in which individuals not previously subject to the requirements under subparagraph 7,h7 become involved with the regional center1 before any such proposed changes may take effect unless exigent circumstances are present in which case the regional center shall provide notice to the ,secretary within #e business days of such change2 7,,ii7 approve the changes referred to in subclause 7,i7 after-- 7aa7 notice of any such proposed changes are made publicly available through a publicly accessible website of ,u4,s4 ,citizenship and ,immigration ,services for not fewer than #cj days2 and 7bb7 the ,secretary determines that the regional center would remain compliant with this subparagraph and subparagraph 7,h72 and 7,,iii7 notwithstanding the pendency of a request for approval of any amendment that has been filed pursuant to subclause 7,i71 adjudicate business plans under subparagraph 7,f7 and petitions under section #bjd7;a77#a77;,h74 7,f7 ,business plans for regional center investments 7i7 ,application for approval of an investment in a commercial enterprise ,a regional center shall file an application with the ,secretary of ,homeland ,security for each particular investment offering through an associated commercial enterprise before any alien files a petition for classification under this paragraph by reason of investment in that offering1 which shall include-- 7,i7 a comprehensive business plan for a specific capital investment project2 7,,ii7 a credible economic analysis regarding estimated job creation that is based upon economically and statistically valid methodologies2 7,,iii7 any documents filed with the ,securities and ,exchange ,commission under the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;a et seq47 or with the securities regulator of any ,state1 as required by law2 7,,iv7 any investment and offering documents1 including subscription1 investment1 partnership1 and operating agreements1 private placement memoranda1 term sheets1 biographies for management1 officers1 directors1 and any person with similar responsibilities1 the description of the business plan to be provided to potential alien investors1 and marketing materials used or drafts prepared for use in connection with the offering1 which shall contain references1 as appropriate1 to-- 7aa7 any investment risks associated with the new commercial enterprise and the job-creating entity2 7bb7 any conflicts of interest that currently exist or may arise among the regional center1 new commercial enterprise1 job-creating entity1 or the principals or attorneys of the aforementioned entities2 7cc7 any pending material litigation or bankruptcy1 or adverse judgments or bankruptcy orders issued during the most recent #aj-year period1 in the ,united ,states or abroad1 affecting the regional center1 new commercial enterprise1 any affiliated job-creating entity1 or any other enterprise in which any principal of the aforementioned entities held majority ownership at the time2 and 7dd7 7,,aa7 any fees1 ongoing interest1 or other compensation paid or to be paid by regional center or new commercial enterprise to agents1 finders1 or broker dealers involved in the offering2 7,,bb7 a description of the services performed1 or which will be performed1 by such person to entitle the person to such fees1 interest1 or compensation2 and 7,,cc7 the name and contact information of any such person2 7,v7 a description of the policies and procedures1 including those related to internal and external due diligence1 reasonably designed to cause the regional center1 new commercial enterprise1 and any affiliated job-creating entity1 their agents1 employees1 advisors1 and attorneys1 and any persons in active concert or participation with the regional center1 new commercial enterprise1 or any affiliated job-creating entity comply1 as applicable1 with the securities laws of the ,united ,states and the laws of the applicable ,states in connection with the offer1 purchase1 or sale of its securities2 and 7,,vi7 a certification from each of the regional centers and any issuer of securities under common control with the regional center that their respective employees and any parties associated with each of the regional centers and the issuer of securities under common control with any of the regional centers are in compliance with the securities laws of the ,united ,states and the laws of the applicable ,states in connection with the offer1 purchase1 or sale of its securities1 to the best of the certifier's knowledge1 after a due diligence investigation4 7ii7 ,effect of approval of a business plan for an investment in a regional center's commercial enterprise ,the approval of an application under this subparagraph shall be binding for purposes of the adjudication of subsequent petitions seeking classification under this paragraph by immigrants investing in the same capital investment project through a new commercial enterprise1 and of petitions by the same immigrants filed under section #baf;,a1 except in the case of fraud1 misrepresentation1 criminal misuse1 a threat to public safety or national security1 a material change that affects the program eligibility of the approved economic model1 other evidence affecting program eligibility that was not disclosed by the applicant during the adjudication process1 or a material mistake of law or fact in the prior adjudication4 7iii7 ,site visits ,the ,secretary shall-- 7,i7 perform site visits to regional centers2 and 7,,ii7 perform at least #a site visit to each new commercial enterprise or affiliated job-creating entity1 which-- 7aa7 shall include a review for evidence of direct job creation in accordance with subparagraph 7,e77v77,i72 and 7bb7 may occur at any time during the period between the filing of an application for approval of an investment in a commercial enterprise under this subparagraph and the adjudication of the first petition for removal of conditions on lawful permanent resident status under section #baf;,a7c7 filed by an alien investing in such investment if the regional center1 new commercial enterprise1 or affiliated job-creating entity1 as applicable1 is provided with notice in accordance with section #bgd;,a4 7,g7 ,regional center annual statements 7i7 ,in general ,each regional center designated under subparagraph 7,e7 shall annually submit a statement 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 which shall include-- 7,i7 a certification stating that1 to the best of the certifier's knowledge1 after a due diligence investigation1 the regional center1 the new commercial enterprise1 and any affiliated job-creating entity is in compliance with clauses 7i7 and 7ii7 of subparagraph 7,h72 7,,ii7 a certification described in subparagraph 7,i77ii77,,ii72 7,,iii7 a certification stating that1 to the best of the certifier's knowledge1 after a due diligence investigation1 the regional center is in compliance with subparagraph 7,k77iii72 7,,iv7 a description of any pending material litigation or bankruptcy proceedings1 or litigation or bankruptcy proceedings resolved during the preceding fiscal year1 involving the regional center1 new commercial enterprise1 or any affiliated job-creating entity2 7,v7 an accounting of all foreign investor capital invested in the regional center1 new commercial enterprise1 or affiliated job-creating entity2 7,,vi7 for each new commercial enterprise associated with the regional center-- 7aa7 an accounting of the aggregate capital invested in the new commercial enterprise and job-creating entity by alien investors under this paragraph for each capital investment project being undertaken by the new commercial enterprise2 7bb7 a description of how the capital described in item 7aa7 is being used to execute each capital investment project in the filed business plan or plans2 7cc7 evidence that #ajj percent of the capital described in item 7aa7 has been committed to each capital investment project2 7dd7 detailed evidence of the progress made toward the completion of each capital investment project2 7ee7 an accounting of the aggregate direct jobs created or preserved2 7ff7 to the best of the regional center's knowledge1 for all fees1 including administrative fees1 loan monitoring fees1 loan management fees1 commissions and similar transaction-based compensation1 collected from alien investors by the regional center1 new commercial enterprise1 any affiliated job-creating entity or issuer of securities under common control with the regional center1 or any promoter1 finder1 broker-dealer or other entity engaged by any of the foregoing to locate individual investors-- 7,,aa7 a description of all fees collected2 7,,bb7 an accounting of the entities that received such fees2 and 7,,cc7 the purpose for which such fees were collected2 7gg7 any documentation referred to in subparagraph 7,f77i77,,iv7 if there has been a material change during the preceding fiscal year2 and 7hh7 a certification by the regional center that such statements are accurate1 to the best of the certifier's knowledge1 after a due diligence investigation2 and 7,,vii7 a description of the regional center's policies and procedures that are designed to enable the regional center to comply with applicable ,federal labor laws4 7ii7 ,amendment of annual statements ,the ,director-- 7,i7 shall require the regional center to amend or supplement an annual statement required under clause 7i7 if the ,director determines that such statement is deficient2 and 7,,ii7 may require the regional center to amend or supplement such annual statement if the ,director determines that such an amendment or supplement is appropriate4 7iii7 ,sanctions 7,i7 ,effect of violation ,the ,director shall sanction any regional center in accordance with subclause 7,,ii7 if the regional center fails to submit an annual statement or if the ,director determines that the regional center-- 7aa7 knowingly submitted or caused to be submitted a statement1 certification1 or any information submitted under this subparagraph1 that contained an untrue statement of material fact2 or 7bb7 is conducting itself in a manner inconsistent with its designation1 including any willful1 undisclosed1 and material deviation by new commercial enterprises from any filed business plan for such commercial enterprises4 7,,ii7 ,authorized sanctions ,the ,director shall establish a graduated set of sanctions based on the severity of the violations referred to in subclause 7,i71 including-- 7aa7 fines equal to not more than #aj percent of the total capital invested by alien investors in the regional center's new commercial enterprises or job-creating entities1 which-- 7,,aa7 may not be paid from any of such alien investor's capital investments2 and 7,,bb7 shall be deposited into the ,,eb-#e ,integrity ,fund established under subparagraph 7,j72 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 associated with the regional center or new commercial enterprise or job-creating entity2 and 7dd7 termination of regional center designation4 7,h7 ,bona fides of persons involved with regional center program 7i7 ,in general ,a person may not be permitted to be involved with any regional center1 new commercial enterprise1 or job-creating entity if-- 7,i7 the person has been found to have committed-- 7aa7 a criminal or civil violation involving fraud or deceit within the previous #aj years2 7bb7 a civil violation involving fraud or deceit that resulted in a liability in excess of #a1jjj1jjj2 or 7cc7 a crime for which the person was convicted and was sentenced to a term of imprisonment of more than #a year2 7,,ii7 the person is subject to a final order1 for the duration of any penalty imposed by such order1 of a ,state securities commission 7or an agency or officer of a ,state who performs similar functions71 a ,state authority that supervises or examines banks1 savings associations1 or credit unions1 a ,state insurance commission 7or an agency of or officer of a ,state who performs similar functions71 an appropriate ,federal banking agency1 the ,commodity ,futures ,trading ,commission1 the ,securities and ,exchange ,commission1 a financial self-regulatory organization recognized by the ,securities and ,exchange ,commission1 or the ,national ,credit ,union ,administration1 which is based on a violation of any law or regulation that-- 7aa7 prohibits fraudulent1 manipulative1 or deceptive conduct2 or 7bb7 bars the person from-- 7,,aa7 association with an entity regulated by such commission1 authority1 agency1 or officer2 7,,bb7 appearing before such commission1 authority1 agency1 or officer2 7,,cc7 engaging in the business of securities1 insurance1 or banking2 or 7,,dd7 engaging in savings association or credit union activities2 7,,iii7 the person is engaged in1 has ever been engaged in1 or seeks to engage in-- 7aa7 any illicit trafficking in any controlled substance or in any listed chemical 7as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb772 7bb7 any activity relating to espionage1 sabotage1 or theft of intellectual property2 7cc7 any activity related to money laundering 7as described in section #aief or #aieg of title #ah1 ,united ,states ,code72 7dd7 any terrorist activity 7as defined in section #bab7;a77#c77;,b77iii772 7ee7 any activity constituting or facilitating human trafficking or a human rights offense2 7ff7 any activity described in section #bab7;a77#c77;,e72 or 7gg7 the violation of any statute1 regulation1 or ,executive order regarding foreign financial transactions or foreign asset control2 or 7,,iv7 the person-- 7aa7 is1 or during the preceding #aj years has been1 included on the ,department of ,justice's ,list of ,currently ,disciplined ,practitioners2 or 7bb7 during the preceding #aj years1 has received a reprimand or otherwise been publicly disciplined for conduct related to fraud or deceit by a ,state bar association of which the person is or was a member4 7ii7 ,foreign involvement in regional center program 7,i7 ,lawful status required ,a person may not be involved with a regional center unless the person is a national of the ,united ,states or an individual who has been lawfully admitted for permanent residence 7as such terms are defined in paragraphs 7#bj7 and 7#bb7 of section #aja7;a774 7,,ii7 ,foreign governments ,a foreign government entity may not provide capital to1 or be directly or indirectly involved with the ownership or administration of1 a regional center4 7,,iii7 ,rulemaking ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of the ,treasury and the ,secretary of ,commerce1 shall issue regulations implementing subclauses 7,i7 and 7,,ii74 7iii7 ,information required ,the ,secretary of ,homeland ,security shall require such attestations and information1 including the submission of fingerprints or other biometrics to the ,federal ,bureau of ,investigation1 and shall perform such criminal record checks and other background and database checks with respect to a regional center1 new commercial enterprise1 and any affiliated job-creating entity1 and persons involved with such entities 7as described in clause 7v771 to determine whether such entities are in compliance with clauses 7i7 and 7ii74 ,the ,secretary may require the information and attestations described in this clause from the entities described in this clause and any person involved with such entities1 at any time on or after the date of the enactment of the ,,eb-#e ,integrity ,act of #bjaf4 7iv7 ,termination 7,i7 ,in general ,the ,secretary shall suspend or terminate the designation of any regional center1 or the participation under the program of any new commercial enterprise or job-creating entity under this paragraph if the ,secretary determines that such entity-- 7aa7 knowingly involved a person with such entity in violation of clause 7i7 or 7ii72 7bb7 failed to provide an attestation or information requested by the ,secretary2 or 7cc7 knowingly provided any false attestation or information under clause 7iii74 7,,ii7 ,information ,the ,secretary1 after the performance of the criminal record and other background checks described in clause 7iii71 shall notify a regional center1 new commercial enterprise1 or job-creating entity whether any person involved with such entities is not in compliance with clause 7i7 or 7ii74 ,if the regional center1 new commercial enterprise1 or job-creating entity1 as the case may be1 fails to discontinue the prohibited person's involvement with such entity within #cj days after receiving a notification under this subclause1 the regional center1 new commercial enterprise1 or job-creating entity shall be deemed to have knowledge under subclause 7,i77aa7 that such person is in violation of clause 7i7 or 7ii74 7v7 ,persons involved with a regional center1 new commercial enterprise1 or job-creating entity ,in this paragraph1 a person is involved with a regional center1 a new commercial enterprise1 any affiliated job-creating entity1 or other job-creating entity1 as applicable1 if the person is in a position of substantive authority to make operational or managerial decisions over any pooling1 securitization1 investment1 release1 acceptance1 or control of any funding that was procured under the ,,eb-#e ,regional ,center ,program4 ,a person may be in a position of substantive authority if the person serves as the principal1 representative1 administrator1 owner1 officer1 board member1 manager1 executive1 or general partner of the regional center1 new commercial enterprise1 any affiliated job-creating entity1 or other job-creating entity1 respectively4 7,i7 ,compliance with securities laws 7i7 ,jurisdiction 7,i7 ,in general ,the ,united ,states has jurisdiction1 including subject matter jurisdiction1 over the purchase or sale of any security offered or sold by any regional center or any party associated with a regional center for purposes of the securities laws4 7,,ii7 ,compliance with regulation ,s ,for purposes of section #e of the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;e71 a regional center or any party associated with a regional center is not precluded from offering or selling a security pursuant to ,regulation ,s 7#ag ,c4,f4,r4 #bcj4ija et seq47 to the extent that such offering or selling otherwise complies with such regulation4 ,subparagraph 7,i7 is not intended to modify any existing regulations or interpretations of the ,securities and ,exchange ,commission related to the application of section #ae7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gho7a77 to foreign broker dealers4 7ii7 ,regional center certifications required 7,i7 ,initial certification ,the ,secretary of ,homeland ,security may not approve an application for regional center designation or regional center amendment unless the regional center certifies that1 to the best of the certifier's knowledge1 after a due diligence investigation1 the regional center is in compliance with and has policies and procedures1 including those related to internal and external due diligence1 reasonably designed to confirm1 as applicable1 that all parties associated with the regional center are and will remain in compliance with the securities laws of the ,united ,states and of any ,state in which-- 7aa7 the offer1 purchase1 or sale of securities was conducted2 7bb7 the issuer of securities was located2 or 7cc7 the investment advice was provided by the regional center or parties associated with the regional center4 7,,ii7 ,reissue ,a regional center shall annually reissue a certification described in subclause 7,i71 in accordance with subparagraph 7,g71 to certify compliance with clause 7iii7 by stating that-- 7aa7 the certifier is in a position to have knowledge of the offers1 purchases1 and sales of securities or the provision of investment advice by parties associated with the regional center2 7bb7 to the best of the certifier's knowledge1 after a due diligence investigation1 all such offers1 purchases1 and sales of securities or the provision of investment advice complied with the securities laws of the ,united ,states and the securities laws of any ,state in which the offer1 purchase1 or sale of securities was conducted1 the issuer of securities was located1 or the investment advice was provided2 and 7cc7 records1 data1 and information related to such offers1 purchases1 and sales have been maintained4 7,,iii7 ,effect of noncompliance ,if a regional center1 through its due diligence1 discovered during the previous fiscal year that the regional center or any party associated with the regional center was not in compliance with the securities laws of the ,united ,states or the securities laws of any ,state in which the securities activities were conducted by any party associated with the regional center1 the certifier shall-- 7aa7 describe the activities that led to noncompliance2 7bb7 describe the actions taken to remedy the noncompliance2 and 7cc7 certify that the regional center and all parties associated with the regional center are currently in compliance1 to the best of the certifier's knowledge1 after a due diligence investigation4 7iii7 ,oversight required ,each regional center shall-- 7,i7 monitor and supervise all offers1 purchases1 and sales of1 and investment advice relating to securities made by parties associated with the regional center to confirm compliance with the securities laws of the ,united ,states2 7,,ii7 maintain records1 data1 and information relating to all such offers1 purchases1 sales1 and investment advice during the #e-year period beginning on the date of their creation2 and 7,,iii7 make the records1 data1 and information described in subclause 7,,ii7 available to the ,secretary upon request4 7iv7 ,suspension or termination ,in addition to any other authority provided to the ,secretary under this paragraph1 the ,secretary may suspend or terminate the designation of any regional center or impose other sanctions against the regional center if the regional center1 or any parties associated with the regional center that the regional center knew or reasonably should have known-- 7,i7 are permanently or temporarily enjoined by order1 judgment1 or decree of any court of competent jurisdiction in connection with the offer1 purchase1 or sale of a security or the provision of investment advice2 7,,ii7 are subject to any final order of the ,securities and ,exchange ,commission or a ,state securities regulator that-- 7aa7 bars such person from association with an entity regulated by the ,securities and ,exchange ,commission or a ,state securities regulator2 or 7bb7 constitutes a final order based on a finding of an intentional violation or a violation related to fraud or deceit in connection with the offer1 purchase1 or sale of1 or investment advice relating to1 a security2 or 7,,iii7 submitted or caused to be submitted a certification described in clause 7ii7 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 light of the circumstances under which they were made1 not misleading4 7v7 ,defined term ,in this subparagraph1 the term parties associated with a regional center means-- 7,i7 the regional center2 7,,ii7 any new commercial enterprise or affiliated job-creating entity or issuer of securities under common control with the regional center2 and 7,,iii7 the regional center's and new commercial enterprise's principal owners1 officers1 directors1 managers and any person vested with the power to legally bind the regional center or new commercial enterprise4 7vi7 ,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 laws or any ,state securities regulator under ,state securities laws4 7,j7 ,,eb-#e integrity fund 7i7 ,establishment ,there is established in the ,united ,states ,treasury a special fund1 which shall be known as the ,,eb-#e ,integrity ,fund 7referred to in this subparagraph as the ,fund74 ,amounts deposited into the ,fund shall be available to the ,secretary of ,homeland ,security until expended for the purposes set forth in clause 7iii74 7ii7 ,fees 7,i7 ,annual fee ,on ,april #a1 #bjaf1 and on ,january #a of each year thereafter1 the ,secretary of ,homeland ,security shall-- 7aa7 except as provided in item 7bb71 collect a fee of #bj1jjj from each regional center designated under subparagraph 7,e72 7bb7 collect a fee of #aj1jjj from each regional center designated under subparagraph 7,e7 that has #bj or fewer total investors in the preceding fiscal year in its new commercial enterprises2 and 7cc7 deposit the fees collected pursuant to items 7aa7 and 7bb7 into the ,fund4 7,,ii7 ,petition fee ,beginning on ,april #a1 #bjaf1 the ,secretary shall collect a fee of #a1jjj with each petition filed under section #bjd7;a77#a77;,h7 for classification under subparagraph 7,e7 and deposit each fee collected under this subclause into the ,fund4 7,,iii7 ,increases ,the ,secretary may prescribe such regulations as may be necessary to increase the dollar amounts under this clause to ensure that the ,fund is sufficient to carry out the purposes set forth in clause 7iii74 7iii7 ,permissible uses of fund ,the ,secretary shall-- 7,i7 use not less than #a_/c of the amounts deposited into the ,fund to conduct audits and site visits 7with or without notice72 7,,ii7 use not less than #a_/c of the amounts deposited into the ,fund for investigations based outside of the ,united ,states1 including-- 7aa7 monitoring and investigating program-related events and promotional activities2 and 7bb7 ensuring the compliance of alien investors with subparagraph 7,l72 7,,iii7 use amounts deposited into the ,fund-- 7aa7 to detect and investigate fraud or other crimes2 and 7bb7 to determine whether regional centers1 new commercial enterprises1 any affiliated job-creating entities1 and alien investors 7and their alien spouses and alien children7 comply with the immigration laws2 7,,iv7 use amounts deposited into the ,fund to conduct interviews of the owners1 officers1 directors1 managers1 partners1 agents1 employees1 promoters1 and attorneys of regional centers1 new commercial enterprises1 and job-creating entities2 and 7,v7 use amounts deposited into the ,fund as the ,secretary determines to be necessary1 including to monitor compliance with the requirements under section #c of the ,,eb-#e ,integrity ,act of #bjaf4 7iv7 ,failure to pay fee ,the ,secretary shall-- 7,i7 impose a reasonable penalty1 which shall be deposited into the ,fund1 if a regional center does not pay the fee required under clause 7ii7 within #cj days after the date on which such fee is due2 and 7,,ii7 terminate the designation of any regional center that does not pay the fee required under clause 7ii7 within #ij days after the date on which such fee is due4 7v7 ,report ,the ,secretary 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 describes how amounts in the ,fund were expended during the previous fiscal year4 7,k7 ,direct and third-party promoters 7i7 ,rules and standards ,direct and third-party promoters of a regional center1 any new commercial enterprise1 an affiliated job-creating entity1 or issuer of securities under common control with the regional center shall comply with the rules and standards prescribed by the ,secretary of ,homeland ,security and any applicable ,federal or ,state securities laws1 to oversee regional center promotion1 including-- 7,i7 registration with ,u4,s4 ,citizenship and ,immigration ,services1 which-- 7aa7 may be limited to identifying and contact information of such promoter and confirmation of the existence of the written agreement required under clause 7iii72 7bb7 may not include any requirement that ,u4,s4 ,citizenship and ,immigration ,services approve the registration of such promoter2 and 7cc7 may permit the list of such registered promoters to be made publicly available2 7,,ii7 certification by each promoter that such promoter is not ineligible under subparagraph 7,h77i72 7,,iii7 guidelines for representing the visa process to foreign investors2 and 7,,iv7 permissible fee arrangements1 if applicable4 7ii7 ,effect of violation ,if the ,secretary determines that a direct or third-party promoter has violated clause 7i71 the ,secretary shall suspend or permanently bar such individual from participation in the program described in subparagraph 7,e74 7iii7 ,compliance ,each regional center shall maintain a written agreement between the regional center1 the new commercial enterprise1 any affiliated job-creating entity1 or any issuer of securities under common control with the regional center1 and each direct or third-party promoter operating on behalf of such entities or issuer that outlines the rules and standards prescribed under clause 7i74 7iv7 ,disclosure ,each petition filed under section #bjd7;a77#a77;,h7 shall include a disclosure1 signed by the investor1 that reflects all fees1 ongoing interest1 and other compensation paid to any person that the regional center or new commercial enterprise knows has received1 or will receive1 in connection with the investment1 including compensation to agents1 finders1 or broker dealers involved in the offering1 to the extent not already specifically identified in the business plan filed under subparagraph 7,f74 7,l7 ,source of funds 7i7 ,in general ,an alien investor shall demonstrate that the capital required under subparagraph 7,a7 and any amounts used to pay administrative costs and fees associated with the alien's investment were obtained from a lawful source and through lawful means4 7ii7 ,required information ,the ,secretary of ,homeland ,security shall require that an alien investor's petition under this paragraph contain1 as applicable-- 7,i7 business and tax records1 including-- 7aa7 foreign business registration records1 if applicable2 7bb7 corporate or partnership tax returns 7or tax returns of any other entity in any form filed in any country or subdivision of such country71 and personal tax returns including income1 franchise1 property 7whether real1 personal1 or intangible71 or any other tax returns of any kind1 filed during the past #g years1 or another period to be determined by the ,secretary to ensure that the investment is obtained from a lawful source of funds1 with any taxing jurisdiction in or outside the ,united ,states by or on behalf of the alien investor1 if applicable2 and 7cc7 evidence identifying any other source of capital or administrative fees2 7,,ii7 evidence related to monetary judgments against the alien investor1 including certified copies of any judgments1 and evidence of all pending governmental civil or criminal actions1 governmental administrative proceedings1 and any private civil actions involving possible monetary judgments against the alien investor from any court in or outside the ,united ,states2 and 7,,iii7 the identity of all persons who transfer into the ,united ,states1 on behalf of the investor-- 7aa7 any funds that are used to meet the capital requirement under subparagraph 7,a72 and 7bb7 any funds that are used to pay administrative costs and fees associated with the alien's investment4 7iii7 ,gift restrictions ,gifted funds may be counted toward the minimum capital investment requirement under subparagraph 7,c7 only if such funds were gifted to the alien investor in good faith and not to circumvent any limitations imposed on permissible sources of capital under this subparagraph4 ,if a significant portion of the capital invested under subparagraph 7,a7 was gifted to the alien investor1 the ,secretary shall require the alien investor's petition under this paragraph to include records described in subclauses 7,i7 and 7,,ii7 of clause 7ii7 from the donor4 7,m7 ,treatment of investors if a regional center has been terminated 7i7 ,in general ,upon the termination or debarment1 as applicable1 from the program under this paragraph of a regional center1 new commercial enterprise1 or job-creating entity under this paragraph-- 7,i7 except as provided in subclause 7,,ii71 an otherwise qualified approved petition under section #bjd7;a77#a77;,h7 or the conditional permanent residence of an alien who has been admitted to the ,united ,states pursuant to section #baf;,a7a77#a7 based on an investment in a terminated regional center1 new commercial enterprise1 or job-creating entity shall remain valid or continue to be authorized1 as applicable1 consistent with this subparagraph2 and 7,,ii7 if the ,secretary has reason to believe the alien was a knowing participant in the conduct that led to the termination of such regional center1 new commercial enterprise1 or job-creating entity1 the ,secretary shall notify the alien of such belief and1 subject to section #baf;,a7b77#b71 shall terminate the permanent resident status of the alien 7and the alien's spouse and child7 as of the date of such determination4 7ii7 ,new regional center or investment ,the petition under section #bjd7;a77#a77;,h7 of an alien described in clause 7i77,i7 shall be denied or revoked or the conditional permanent resident status of an alien described in clause 7i77,i7 shall be terminated #ahj days after the termination from the program under this paragraph of a regional center1 a new commercial enterprise1 or a job creating entity unless-- 7,i7 in the case of the termination of a regional center-- 7aa7 the new commercial enterprise associates with an approved regional center1 regardless of the geography of its designation2 7bb7 the alien makes a qualifying investment in another commercial enterprise associated with an approved regional center2 or 7cc7 the alien makes a qualifying investment in another commercial enterprise under this paragraph not associated with a regional center2 or 7,,ii7 in the case of the debarment of a new commercial enterprise or job-creating entity1 the alien invests in another commercial enterprise associated with an approved regional center4 7iii7 ,removal of conditions ,aliens described in subclauses 7,i77bb71 7,i77cc71 and 7,,ii7 of clause 7ii7 shall be eligible to have their conditions removed pursuant to section #baf;,a beginning on the date that is #b years after the date of the subsequent investment4 7,n7 ,threats to the national interest 7i7 ,denial or revocation ,the ,secretary of ,homeland ,security shall deny or revoke the approval of a petition1 application1 or benefit described in this paragraph1 including the documents described in clause 7ii71 if the ,secretary determines that the approval of such petition1 application1 or benefit is contrary to the national interest of the ,united ,states for reasons relating to threats to public safety or national security4 7ii7 ,documents ,the documents described in this clause are-- 7,i7 a certification1 designation1 or amendment to the designation of a regional center2 7,,ii7 a petition seeking classification of an alien as an alien investor under this paragraph2 7,,iii7 a petition to remove conditions under section #baf;,a2 and 7,,iv7 an application for approval of a business plan in a commercial enterprise under subparagraph 7,f74 7iii7 ,debarment ,if a regional center1 new commercial enterprise1 or job-creating entity has its designation or participation in the program under this paragraph terminated for reasons relating to public safety or national security1 any person associated with such regional center1 new commercial enterprise1 or job-creating entity1 including an alien investor1 shall be permanently barred from future participation in the program under this paragraph if the ,secretary of ,homeland ,security1 in the ,secretary's discretion1 determines1 by a preponderance of the evidence1 that such person was a knowing participant in the conduct that led to the termination4 7iv7 ,notice ,if the ,secretary of ,homeland ,security determines that the approval of a petition1 application1 or benefit described in this paragraph should be denied or revoked pursuant to clause 7i71 the ,secretary shall-- 7,i7 notify the relevant individual1 regional center1 or commercial entity of such determination2 and 7,,ii7 deny or revoke such petition1 application1 or benefit or terminate the permanent resident status of the alien 7and the alien spouse and alien children of such immigrant7 as of the date of such determination4 7v7 ,judicial review ,notwithstanding any other provision of law 7statutory or nonstatutory71 including section #bbda of title #bh1 ,united ,states ,code1 any other habeas corpus provision1 and sections #acfa and #afea of such title1 no court shall have jurisdiction to review a denial or revocation under this subparagraph4 ,nothing in this clause may be construed as precluding review of constitutional claims or questions of law raised upon a petition for review filed with an appropriate court of appeals under section #bdb4 7,o7 ,fraud1 misrepresentation1 and criminal misuse 7i7 ,denial or revocation ,the ,secretary of ,homeland ,security shall deny or revoke the approval of a petition1 application1 or benefit described in this paragraph1 including the documents described in subparagraph 7,n77ii71 if the ,secretary determines that such petition1 application1 or benefit was predicated on or involved fraud1 deceit1 intentional material misrepresentation1 or criminal misuse4 7ii7 ,debarment ,if a regional center1 new commercial enterprise1 or job-creating entity has its designation or participation in the program under this paragraph terminated for reasons relating to fraud1 intentional material misrepresentation1 or criminal misuse1 any person associated with such regional center1 new commercial enterprise1 or job-creating entity1 including an alien investor1 shall be permanently barred from future participation in the program under this paragraph if the ,secretary determines1 by a preponderance of the evidence1 that such person was a knowing participant in the conduct that led to the termination4 7iii7 ,notice ,if the ,secretary determines that the approval of a petition1 application1 or benefit described in this paragraph should be denied or revoked pursuant to clause 7i71 the ,secretary shall-- 7,i7 notify the relevant individual1 regional center1 or commercial entity of such determination2 and 7,,ii7 deny or revoke such petition1 application1 or benefit or terminate the permanent resident status of the alien 7and the alien spouse and alien children of such immigrant7 as of the date of such determination4 7,p7 ,administrative appellate review 7i7 ,in general ,the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall provide an opportunity for an administrative appellate review by the ,administrative ,appeals ,office of ,u4,s4 ,citizenship and ,immigration ,services of any determination made under this paragraph1 including-- 7,i7 an application for regional center designation or regional center amendment2 7,,ii7 an application for approval of a business plan under subparagraph 7,f72 7,,iii7 a petition by an alien investor for status as an immigrant under this paragraph2 7,,iv7 the termination or suspension of any benefit accorded under this paragraph2 and 7,v7 any sanction imposed by the ,secretary of ,homeland ,security under this paragraph4 7ii7 ,judicial review ,subject to section #bdb7;a77#b71 and notwithstanding any other provision of law 7statutory or nonstatutory71 including section #bbda of title #bh1 ,united ,states ,code1 any other habeas corpus provision1 and sections #acfa and #afea of such title1 no court shall have jurisdiction to review a determination under this paragraph until the regional center1 its associated entities1 or the alien investor has exhausted all administrative appeals4 4 7b7 ,effective dates 7#a7 ,in general ,except as otherwise provided in this section1 this section1 and the amendments made by this section1 shall take effect on the date that is #ij days after the date of the enactment of this ,act4 7#b7 ,exceptions ,clause 7iv7 of subparagraph 7,e7 and subparagraph 7,l7 of section #bjc7;b77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e77 shall not apply to a petition that-- 7,a7 was filed by an alien investor under such section #bjc7;b77#e7 before the date of the enactment of this ,act2 or 7,b7 is filed under section #baf;,a of such ,act 7#h ,u4,s4,c4 #aahf;b7 if the underlying petition filed under section #bjc7;b77#e7 of such ,act was filed before the date of the enactment of this ,act4 7c7 ,,gao report ,not later than ,december #ca1 #bjah1 the ,comptroller ,general of the ,united ,states shall submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives that describes-- 7#a7 the economic benefits of the regional center program established under section #bjc7;b77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e771 including the steps taken by ,u4,s4 ,citizenship and ,immigration ,services to verify job creation2 7#b7 the extent to which ,u4,s4 ,citizenship and ,immigration ,services ensures compliance by regional center participants with their obligations under the immigrant investor program2 7#c7 the extent to which ,u4,s4 ,citizenship and ,immigration ,services has maintained records of regional centers and associated commercial enterprises1 including annual statements and certifications2 7#d7 the steps taken by ,u4,s4 ,citizenship and ,immigration ,services to verify the source of funds1 as required under section #bjc7;b77#e77,l7 of the ,immigration and ,nationality ,act1 as added by subsection 7a72 7#e7 the extent to which ,u4,s4 ,citizenship and ,immigration ,services collaborates with other ,federal and law enforcement agencies1 particularly to detect illegal activity and threats to national security related to the regional center program2 7#f7 the extent to which ,u4,s4 ,citizenship and ,immigration ,services has prevented fraud and abuse in regional center activities1 including the designation of targeted employment areas in areas that otherwise have high employment2 7#g7 the extent to which ,u4,s4 ,citizenship and ,immigration ,services has used its authority to sanction1 suspend1 bar1 or terminate regional centers or individuals affiliated with regional centers2 7#h7 the steps taken to oversee direct and third-party promoters under section #bjc7;b77#e77,k7 of the ,immigration and ,nationality ,act1 as added by subsection 7a72 7#i7 the extent to which employees of the ,department of ,homeland ,security have complied with the ethical standards and transparency requirements set forth in section #c2 and 7#aj7 the amounts expended from the ,,eb-#e ,integrity ,fund established under section #bjc7;b77#e77;,j7 of the ,immigration and ,nationality ,act1 as added by subsection 7a74 7d7 ,inspector general report ,not later than ,december #ca1 #bjah1 the ,inspector ,general of the ,intelligence ,community1 in coordination with the ,inspector ,general of the ,department of ,homeland ,security and after consultation with relevant ,federal agencies1 including ,u4,s4 ,immigration and ,customs ,enforcement1 shall submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives regarding the immigrant visa program set forth in section #bjc7;b77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e77 that describes-- 7#a7 the vulnerabilities within the program that may undermine the national security of the ,united ,states2 7#b7 the actual or potential use of the program to facilitate export of sensitive technology2 7#c7 the actual or potential use of the program to facilitate economic espionage2 7#d7 the actual or potential use of the program by foreign government agents2 and 7#e7 the actual or potential use of the program to facilitate terrorist activity1 including funding terrorist activity or laundering terrorist funds4 7e7 ,review of job creation methodologies ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with the ,bureau of ,economic ,analysis of the ,department of ,commerce1 or another component within the ,department of ,commerce1 as determined by the ,secretary of ,commerce1 shall issue regulations to determine economically and statistically valid general economic methodologies that comply with section #bjc7;b77#e77;,a77ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e77;,a77ii774 7f7 ,technical amendment ,section #bjc7;b77#e77;,c77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e77;,c77iii77 is amended by striking ,attorney ,general and inserting ,secretary of ,homeland ,security4 7g7 ,definitions 7#a7 ,in general ,section #bjc7;b77#e77;,d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e77;,d77 is amended to read as follows3 7,d7 ,definitions ,in this paragraph3 7i7 ,affiliated job-creating entity ,the term affiliated job-creating entity means any job-creating entity that is controlled1 managed1 or owned by any of the persons involved with the regional center or new commercial enterprise under subparagraph 7,h77v74 7ii7 ,capital ,the term capital-- 7,i7 means cash 7including the cash proceeds of indebtedness7 and all real1 personal1 or mixed tangible assets owned and controlled by the alien investor1 or held in trust for the benefit of the alien and to which the alien has unrestricted access2 7,,ii7 shall be valued at fair market value in ,united ,states dollars1 in accordance with ,generally ,accepted ,accounting ,principles or other standard accounting practice adopted by the ,securities and ,exchange ,commission1 at the time such capital is invested under this paragraph2 and 7,,iii7 shall not include assets acquired1 directly or indirectly1 by unlawful means1 including any cash proceeds of indebtedness secured by such assets4 7iii7 ,certifier ,the term certifier means a person in a position of substantive authority for the management or operations of a regional center1 new commercial enterprise1 affiliated job-creating entity1 or issuer of securities under common control with any of such entities1 such as a principal executive officer or principal financial officer1 with knowledge of such entities' policies and procedures related to compliance with the requirements under this paragraph4 7iv7 ,full-time employment ,the term full-time employment means employment in a position that requires at least #ce hours of service per week at any time1 regardless of who fills the position4 7v7 ,job-creating entity ,the term job-creating entity means any organization that-- 7,i7 is formed in the ,united ,states for the ongoing conduct of lawful business1 including a partnership 7whether limited or general71 corporation1 limited liability company1 or other entity that receives1 or is established to receive1 capital investment from alien investors or a new commercial enterprise under the regional center program described in subparagraph 7,e72 and 7,,ii7 is responsible for creating jobs to satisfy the requirement under subparagraph 7,a77ii74 7vi7 ,new commercial enterprise ,the term new commercial enterprise means any for-profit organization formed in the ,united ,states for the ongoing conduct of lawful business1 including a partnership 7whether limited or general71 corporation1 limited liability company1 or other entity that receives1 or is established to receive1 capital investment from investors under this paragraph4 4 7#b7 ,effective dates ,the amendments made by this subsection shall take effect on the date of the enactment of this ,act4 #c4 ,transparency 7a7 ,in general ,employees of the ,department of ,homeland ,security1 including the ,secretary of ,homeland ,security1 the ,secretary's counselors1 the ,assistant ,secretary for the ,private ,sector1 the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 counselors to such ,director1 and the ,chief of ,immigrant ,investor ,programs at ,u4,s4 ,citizenship and ,immigration ,services1 shall act impartially and may not give preferential treatment to any entity1 organization1 or individual in connection with any aspect of the immigrant visa program described in section #bjc7;b77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e774 7b7 ,improper activities ,activities that constitute preferential treatment under subsection 7a7 shall include-- 7#a7 working on1 or in any way attempting to influence1 in a manner not available to or accorded to all other petitioners1 applicants1 and seekers of benefits under the immigrant visa program described in section #bjc7;b77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e771 the standard processing of an application1 petition1 or benefit for-- 7,a7 a regional center2 7,b7 a new commercial enterprise2 7,c7 a job-creating entity2 or 7,d7 any person or entity associated with such regional center1 new commercial enterprise1 or job-creating entity2 and 7#b7 meeting or communicating with persons associated with the entities described in paragraph 7#a71 at the request of such persons1 in a manner not available to or accorded to all other petitioners1 applicants1 and seekers of benefits under such immigrant visa program4 7c7 ,reporting of communications 7#a7 ,written communication ,employees of the ,department of ,homeland ,security1 including the officials listed in subsection 7a71 shall include1 in the record of proceeding for a case under section #bjc7;b77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e771 actual or electronic copies of all case-specific written communication1 including e-mails from government and private accounts1 with non-,department persons or entities advocating for regional center applications or individual petitions under such section that are pending on or after the date of the enactment of this ,act 7other than routine communications with other agencies of the ,federal ,government regarding the case1 including communications involving background checks and litigation defense74 7#b7 ,oral communication ,if substantive oral communication1 including telephonic communication1 virtual communication1 and in-person meetings1 takes place between officials of the ,department of ,homeland ,security and non-,department persons or entities advocating for regional center applications or individual petitions under section #bjc7;b77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e77 that are pending on or after the date of the enactment of this ,act 7other than routine communications with other agencies of the ,federal ,government regarding the case1 including communications involving background checks and litigation defense7-- 7,a7 the conversation shall be recorded2 or 7,b7 detailed minutes of the session shall be taken and included in the record of proceeding4 7#c7 ,notification 7,a7 ,in general ,if the ,secretary of ,homeland ,security1 in the course of written or oral communication described in this subsection1 receives evidence about a specific case from anyone other than an affected party or his or her representative 7excluding ,federal ,government or law enforcement sources71 such information may not be made part of the record of proceeding and may not be considered in adjudicative proceedings unless-- 7i7 the affected party has been given notice of such evidence2 and 7ii7 if such evidence is derogatory1 the affected party has been given an opportunity to respond to the evidence4 7,b7 ,information from law enforcement1 intelligence agencies1 or confidential sources 7i7 ,law enforcement or intelligence agencies ,evidence received from law enforcement or intelligence agencies may not be made part of the record of proceeding without the consent of the relevant agency or law enforcement entity4 7ii7 ,whistleblowers1 confidential sources1 or intelligence agencies ,evidence received from whistleblowers1 other confidential sources1 or the intelligence community that is included in the record of proceeding and considered in adjudicative proceedings shall be handled in a manner that does not reveal the identity of the whistleblower or confidential source1 or reveal classified information4 7d7 ,consideration of evidence 7#a7 ,in general ,case-specific communication with persons or entities that are not part of the ,department of ,homeland ,security may not be considered in the adjudication of an application or petition under section #bjc7;b77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e77 unless the communication is included in the record of proceeding of the case4 7#b7 ,waiver ,the ,secretary of ,homeland ,security may waive the application of paragraph 7#a7 only in the interests of national security or for investigative or law enforcement purposes4 7e7 ,channels of communication 7#a7 ,e-mail address or equivalent ,the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall maintain an e-mail account 7or equivalent means of communication7 for persons or entities-- 7,a7 with inquiries regarding specific petitions or applications under the immigrant visa program described in section #bjc7;b77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e772 or 7,b7 seeking non-case-specific information about the immigrant visa program described in such section #bjc7;b77#e74 7#b7 ,communication only through appropriate channels or offices 7,a7 ,announcement of appropriate channels of communication ,not later than #dj days after the date of the enactment of this ,act1 the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall announce that the only channels or offices by which industry stakeholders1 petitioners1 applicants1 and seekers of benefits under the immigrant visa program described in section #bjc7;b77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e77 may communicate with the ,department of ,homeland ,security regarding specific cases under such section 7except for communication made by applicants and petitioners pursuant to regular adjudicatory procedures71 or non-case-specific information about the visa program applicable to certain cases under such section1 are through-- 7i7 the e-mail address or equivalent channel described in paragraph 7#a72 7ii7 the ,national ,customer ,service ,center of ,u4,s4 ,citizenship and ,immigration ,services1 or any successor to that ,center2 or 7iii7 the ,customer ,service and ,public ,engagement ,directorate1 the ,immigrant ,investor ,program ,office1 or any successor agencies4 7,b7 ,direction of incoming communications 7i7 ,in general ,employees of the ,department of ,homeland ,security shall direct communications described in subparagraph 7,a7 to the channels of communication or offices listed in subparagraph 7,a74 7ii7 ,rule of construction ,nothing in this subparagraph may be construed to prevent-- 7,i7 any person from communicating with the ,ombudsman of ,u4,s4 ,citizenship and ,immigration ,services regarding the immigrant investor program under section #bjc7;b77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e772 or 7,,ii7 the ,ombudsman from resolving problems regarding such immigrant investor program under section #deb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgb74 7,c7 ,log 7i7 ,in general ,the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall maintain a written or electronic log of-- 7,i7 all communications described in subparagraph 7,a7 and communications from ,members of ,congress1 which shall reference-- 7aa7 the date1 time1 and subject of the communication2 and 7bb7 the identity of the ,department of ,homeland ,security official1 if any1 to whom the inquiry was forwarded2 7,,ii7 with respect to written communications described in subsection 7c77#a7-- 7aa7 the date on which such communication was received2 7bb7 the identities of the sender and addressee2 and 7cc7 the subject of such communication2 and 7,,iii7 with respect to oral communications described in subsection 7c77#b7-- 7aa7 the date on which such communication occurred2 7bb7 the participants in the conversation or meeting2 and 7cc7 the subject of such communication4 7ii7 ,transparency ,the log of communications described in clause 7i7 shall be made publicly available in accordance with section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act74 7#c7 ,publication of information ,if1 as a result of a communication with an official of the ,department of ,homeland ,security1 a person or entity inquiring about a specific case or about the immigrant visa program described in section #bjc7;b77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e77 received generally applicable and non-case-specific information about program requirements or administration that has not been made publicly available by the ,department1 the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall publish such information on the ,u4,s4 ,citizenship and ,immigration ,services website1 not later than #cj days after the communication of such information to such person or entity1 as an update to the relevant ,frequently ,asked ,questions page or by some other comparable mechanism4 7f7 ,penalty 7#a7 ,in general ,any person who intentionally violates the prohibition on preferential treatment under this section or intentionally violates the reporting requirements under subsection 7c7 shall be disciplined in accordance with paragraph 7#b74 7#b7 ,sanctions ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall establish1 in addition to any criminal or civil penalties that may be imposed1 a graduated set of sanctions based on the severity of the violation referred to in paragraph 7#a71 which may include written reprimand1 suspension1 demotion1 or removal4 7g7 ,rule of construction ,nothing in this section may be construed to modify any law1 regulation1 or policy regarding the handling or disclosure of classified information4 7h7 ,no creation of private right of action ,nothing in this section may be construed to create or authorize a private right of action to challenge a decision of an employee of the ,department of ,homeland ,security4 7i7 ,effective date ,this section1 and the amendments made by this section1 shall take effect on the date of the enactment of this ,act4