,,ii #aaeth ,,congress #ast ,session ,s4 #gbg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bg1 #bjag,mr4 ,paul introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to increase the worldwide level of employment-based immigrants and to reauthorize the ,,eb-#e regional center program4 #a4 ,short title ,this ,act may be cited as the ,invest in ,our ,communities ,act4 #b4 ,exemption of dependents from being counted towards worldwide employment-based immigration level ,section #bja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;b77#a77 is amended by adding at the end the following3 7,f7 ,aliens who are spouses or children of an alien admitted as an employment-based immigrant under section #bjc7;b77#e74 4 #c4 ,worldwide level of employment-based immigrants ,section #bja7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;d77 is amended to read as follows3 7d7 ,worldwide level of employment-,based immigrants 7#a7 ,in general ,the worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of-- 7,a7 #aej1jjj2 and 7,b7 the number computed under paragraph 7#b74 7#b7 ,adjustment ,the number computed under this paragraph for fiscal year #bjag and each subsequent fiscal year is the difference 7if any7 between-- 7,a7 the maximum number of visas authorized to be issued under section #bjc7;a7 during the previous fiscal year2 and 7,b7 the number of visas issued under that section during that year4 4 #d4 ,exclusion of ,,eb-#e visas from country caps ,section #bjb7;a77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb7;a77#e77 is amended by adding at the end the following3 7,c7 ,exclusion of ,,eb-#e visas from per country limitation ,visas issued under section #bjc7;b77#e7 shall not be counted toward the numerical limitation under paragraph 7#b74 4 #e4 ,permanent reauthorization of employment creation regional centers ,section #bjc7;b77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e77 is amended-- 7#a7 by redesignating subparagraph 7,d7 as subparagraph 7,h72 and 7#b7 by inserting after subparagraph 7,c7 the following3 7,d7 ,employment creation regional centers 7i7 ,in general ,visas under this paragraph shall be made available to qualified immigrants who participate in a program involving 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 filed with the ,secretary of ,homeland ,security1 for the promotion of economic growth1 including-- 7,i7 increased exports2 7,,ii7 improved regional productivity2 7,,iii7 job creation2 and 7,,iv7 increased domestic capital investment4 7ii7 ,jurisdiction ,a regional center shall have jurisdiction over a specific geographic area1 which shall be-- 7,i7 described in the proposal filed under clause 7i72 and 7,,ii7 consistent with the purpose of concentrating pooled investment in defined economic zones4 7iii7 ,general predictions ,the establishment of a regional center under this subparagraph may be based on general predictions contained in the proposal concerning-- 7,i7 the kinds of new commercial enterprises that will receive capital 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 7iv7 ,methodologies for determining job creation ,notwithstanding requirements applicable to investors not involved in a regional center1 in determining compliance with this subparagraph1 the ,secretary of ,homeland ,security shall recognize reasonable methodologies for determining the number of jobs created by a designated regional center1 including jobs that are estimated to have been created indirectly through revenues generated from-- 7,i7 increased exports2 7,,ii7 improved regional productivity2 or 7,,iii7 increased domestic capital investment resulting from the regional center4 7v7 ,special procedures 7,i7 ,preapproval of new commercial enterprises ,the ,secretary of ,homeland ,security shall establish a preapproval procedure for new commercial enterprises that-- 7aa7 allows a regional center or potential regional center to apply to the ,secretary for preapproval of a new commercial enterprise before any alien files a petition for classification under this paragraph by reason of investment in the new commercial enterprise2 7bb7 allows the applicant to address and cure any deficiencies identified by the ,secretary in the application before a final determination on the application2 7cc7 requires that the ,secretary make final decisions on all issues under this paragraph other than those issues unique to each individual investor in the new commercial enterprise2 and 7dd7 requires that the ,secretary eliminate the need for the repeated submission of documentation that is common to multiple petitions for classification under this paragraph through a regional center4 7,,ii7 ,deference to prior rulings ,absent material change1 fraud1 or legal deficiency1 the ,secretary of ,homeland ,security shall give deference to1 and not revisit1 favorable determinations made pertaining to a commercial enterprise during the adjudication of-- 7aa7 petitions filed by immigrants investing in the commercial enterprise under this subparagraph2 and 7bb7 petitions filed by such immigrants under section #baf;,a for the removal of conditional basis4 7vi7 ,processing times 7,i7 ,in general ,the ,secretary of ,homeland ,security shall make determinations on a proposal filed under clause 7i7 or an application filed under clause 7v7 not later than #ahj days after the date on which the proposal or application is filed4 7,,ii7 ,additional information ,if the ,secretary determines that an initial filing under this section does not meet the standards for approval1 the ,secretary shall-- 7aa7 not later than #cj days after the date of such filing1 notify the applicant of the reasons such proposal or application was not approved and the additional information or documentation that is required for approval2 7bb7 permit the applicant to promptly resubmit a modified filing2 and 7cc7 adjudicate the modified proposal or application not later than #cj days after it is received4 4 #f4 ,security reforms ,section #bjc7;b77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e77 is amended by inserting after subparagraph 7,d71 as added by section #e1 the following3 7,e7 ,appellate rights 7i7 ,in general ,any person subject to the suspension or termination of rights under this paragraph1 if such decision was under the discretion of the ,secretary of ,homeland ,security1 may appeal such decision and be entitled to a hearing before an administrative law judge4 7ii7 ,appellant's rights ,an appellant under this subparagraph has the right-- 7,i7 to access the facts and documentation underlying the allegations that are the basis of the suspension or termination referred to in clause 7i72 and 7,,ii7 to cross-examine witnesses during proceedings4 7iii7 ,burden of proof ,in a hearing under this subparagraph1 the ,secretary has the burden to prove1 by a preponderance of the evidence1 that the suspension or termination was valid under applicable law4 7iv7 ,finality ,a determination of the administrative law judge in an appeal under this subparagraph shall be final and may not be subject to judicial review4 4 #g4 ,regional centers 7a7 ,in general ,section #bjc7;b77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e771 as amended by sections #e and #f1 is further amended by inserting after subparagraph 7,e7 the following3 7,f7 ,bona fides of persons associated with regional centers or regional center associated commercial enterprises 7i7 ,in general ,no person shall be permitted by any regional center or regional center associated commercial enterprise to be directly or indirectly involved with the regional center or commercial enterprise 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 management1 or promotion of the regional center or commercial enterprise if-- 7,i7 the person has been found liable within the previous five years for any criminal or civil violation of any law relating to fraud or deceit1 or at any time if such violation involved a civil liability in excess of #a1jjj1jjj1 a criminal conviction with a term of imprisonment of more than one year or a criminal or civil violation of any law or agency regulation in connection with the offer1 purchase1 or sale of a security2 7,,ii7 the person is subject to a final order 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 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 engaging in the business of securities1 insurance1 or banking2 or 7,,cc7 engaging in savings association or credit union activities2 7,,iii7 the person has been convicted of-- 7aa7 any activity relating to espionage1 sabotage1 or theft of intellectual property2 7bb7 any activity related to money laundering 7as described in section #aief or #aieg of title #ah1 ,united ,states ,code72 7cc7 any terrorist activity 7as defined in clauses 7iii7 and 7iv7 of section #bab7;a77#c77;,b772 or 7dd7 any activity related to human trafficking or a human rights offense2 or 7,,iv7 the person-- 7aa7 is1 or during the preceding #e years has been1 included on the ,department of ,justice's ,list of ,currently ,disciplined ,practitioners2 or 7bb7 during the preceding #e years1 has received a reprimand or otherwise been publicly disciplined by a bar association of which the person is or was a member4 7ii7 ,status of regional center principals 7,i7 ,lawful status required ,no person may be directly or indirectly involved with a regional center as its principal1 administrator1 owner1 officer1 board member1 manager1 executive1 general partner1 fiduciary1 or other similar position of significant authority for the operations or management of the regional center unless the person is a national of the ,united ,states or an individual who has been lawfully admitted for permanent residence4 7,,ii7 ,foreign governments ,no foreign government entity may be directly or indirectly involved with the ownership or administration of a regional center4 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 checks with respect to a regional center or regional center associated commercial enterprise1 and persons involved in a regional center or regional center associated commercial enterprise1 to determine whether such regional center or regional center associated commercial enterprise is in compliance with clauses 7i7 and 7ii74 7iv7 ,termination ,the ,secretary shall terminate any regional center or regional center associated commercial enterprise from the regional center program if the ,secretary determines that-- 7,i7 the regional center or regional center associated commercial enterprise has violated clause 7i72 7,,ii7 the regional center has violated clause 7ii72 or 7,,iii7 the regional center1 a regional center associated commercial enterprise1 or any person involved with the regional center or regional center associated commercial enterprise-- 7aa7 fails to provide an attestation or information requested by the ,secretary2 7bb7 provides any false attestation or information under clause 7iii72 7cc7 has engaged in fraud1 misrepresentation1 or criminal misuse2 or 7dd7 poses a threat to public safety or national security4 7,g7 ,compliance with securities laws 7i7 ,jurisdiction ,in view of the objective of promoting investment in the ,united ,states1 in an action filed by the ,securities and ,exchange ,commission1 the purchase or sale of securities offered or sold by any regional center or any party associated with a regional center shall be deemed to have occurred within the territory of the ,united ,states for purposes of the securities laws1 and subject matter jurisdiction shall also lie within the ,united ,states4 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 that the regional center is in compliance with and has policies and procedures reasonably designed to ensure that all parties associated with the regional center remain in compliance with the securities laws of the ,united ,states and of any ,state in which the regional center operates in connection with the offer1 purchase1 or sale of securities or the provision of investment advice 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,i74 ,annual certifications under this subclause shall 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 and 7bb7 to the best of the certifier's knowledge1 after reasonable investigation-- 7,,aa7 all such offers1 purchases1 and sales of securities or the provision of investment advice complied with securities laws of the ,united ,states2 and 7,,bb7 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 ,states1 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 compliance4 7iii7 ,oversight required ,each regional center shall-- 7,i7 monitor and supervise all offers1 purchases1 and sales of1 and advice relating to1 securities made by parties associated with the regional center to ensure compliance with the securities laws of the ,united ,states2 7,,ii7 maintain records1 data1 and information relating to all such offers1 purchases1 sales1 and advice during the #e-year period beginning on the date of their creation2 and 7,,iii7 make such records1 data1 and information available to the ,securities and ,exchange ,commission and to the ,secretary upon the receipt of a subpoena from the ,securities and ,exchange ,commission4 7iv7 ,suspension or termination ,the ,secretary1 in the ,secretary's unreviewable discretion1 shall suspend or terminate the designation of any regional center that does not provide the certification described in clause 7ii74 ,the ,secretary1 in the ,secretary's unreviewable discretion1 may suspend or terminate the designation of any regional center or impose other sanctions against the regional center if the regional center or any parties associated with the regional center-- 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 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 offer1 purchase1 or sale of1 or advice relating to1 a security2 or 7,,iii7 knowingly 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 ,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 7vi7 ,defined term ,in this subparagraph1 the term parties associated with a regional center means-- 7,i7 the regional center2 7,,ii7 any commercial enterprise associated with the regional center2 7,,iii7 the regional center's and associated commercial enterprise's owners1 officers1 directors1 managers1 partners1 broker-dealers1 employees1 and attorneys2 and 7,,iv7 any person in active concert or participation with the regional center or directly or indirectly controlling1 controlled by1 or under common control with the regional center4 4 7b7 ,study and report 7#a7 ,in general ,not later than two years after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in coordination with the ,secretary of ,commerce and after consultation with relevant ,federal agencies1 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 percentage of completed and pending capital investment projects1 within the scope of business plans approved or awaiting approval-- 7i7 in targeted rural employment areas2 7ii7 in targeted high unemployment areas2 7iii7 in high poverty areas2 7iv7 for infrastructure projects2 and 7v7 not included in the areas described in clauses 7i7 through 7iii72 7,b7 whether other ,federal financial assistance programs1 such as economic development programs administered by the ,department of ,agriculture1 the ,department of ,housing and ,urban ,development1 or the ,community ,development ,financial ,institutions ,fund1 are also used or intended to support projects described in subparagraph 7,a72 and 7,c7 whether market demands to approve projects described in subparagraph 7,a7 exceed the number of visas allowed under section #bjc7;b77#e77;,f7 of the ,immigration and ,nationality ,act1 as added by subsection 7a74 7#b7 ,public input ,not later than #fj days before the submission of the report required under paragraph 7#a71 the public shall receive notice and an opportunity to comment4 #h4 ,age determination for children of alien investors ,section #bjc7;h7 of the ,immigration and ,nationality ,act 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 7,a7 ,in general ,subject to subparagraph 7,b71 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-- 7i7 the alien remains unmarried2 and 7ii7 the subsequent petition is filed by the principal alien not later than one year after the termination of conditional lawful permanent resident status4 7,b7 ,exception ,an alien shall not be considered a child under this paragraph with respect to more than one petition filed after the alien reaches #ba years of age4 4