,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hdgg ,,in ,,the ,,house ,,of ,,representatives ,october #a1 #bjbj,mr4 ,brooks of ,alabama 7for himself1 ,mr4 ,gaetz1 ,mr4 ,gosar1 and ,mr4 ,gooden7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,education and ,labor1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,immigration and ,nationality ,act to improve the ,h-#a;,b visa program1 to repeal the diversity visa lottery program1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,american ,jobs ,first ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,title ,i--,h-#a;,b ,visa ,program,sec4 #aja4 ,amendments to the ,immigration and ,nationality ,act4,title ,,ii--,new ,h-#a;,b ,visa requirements,sec4 #bja4 ,bar on nondisparagement and nondisclosure agreements4,sec4 #bjb4 ,united ,states ,federal court jurisdiction over civil actions pertaining to misuse of the ,h-#a;,b visa program4,title ,,iii--,repeal of other provisions,sec4 #cja4 ,repeal of the diversity visa lottery4 ,i ,h-#a;,b ,visa ,program #aja4 ,amendments to the ,immigration and ,nationality ,act 7a7 ,inadmissible aliens ,section #bab7n7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77 is amended to read as follows3 7n7 ,labor condition application 7#a7 ,in general ,an alien may not be admitted or provided status as an ,h-#a;,b nonimmigrant in an occupational classification unless the petitioner employer has filed with the ,secretary of ,labor an application stating the following3 7,a7 ,the petitioner employer-- 7i7 is offering an annual wage to the ,h-#a;,b nonimmigrant that is the greater of-- 7,i7 the annual wage that was paid to the ,united ,states citizen or lawful permanent resident employee who did identical or similar work during the #b years before the petitioner employer filed such application2 or 7,,ii7 #aaj1jjj1 if offered not later than #a year after the date of the enactment of the ,american ,jobs ,first ,act of #bjbj1 which amount shall be annually adjusted for inflation by ,july #a of each year2 7ii7 will not require an ,h-#a;,b nonimmigrant to pay a penalty for ceasing employment with the petitioner employer before the date agreed to by the ,h-#a;,b nonimmigrant and the petitioner employer2 7iii7 will not-- 7,i7 require an alien who is the subject of a petition filed under paragraph 7#a7 of section #bad7;c71 for which a fee is imposed under paragraph 7#i7 of such section1 to reimburse1 or otherwise to compensate1 the petitioner employer for part or all of the cost of such fee2 7,,ii7 accept reimbursement or compensation for the fee described in subclause 7,i7 from an ,h-#a;,b nonimmigrant1 even if such reimbursement or compensation is alleged to have been voluntarily given by the ,h-#a;,b nonimmigrant2 7,,iii7 deduct such amounts from an ,h-#a;,b nonimmigrant's pay before disbursal to such ,h-#a;,b nonimmigrant for the purpose of covering the cost of such fee2 or 7,,iv7 require an ,h-#a;,b nonimmigrant to pay any other amounts or fees for housing1 vehicle use or rental1 equipment use or rental1 or other goods or services1 unless the requirement of the payment of such amounts or fees is identical to the payments that are required by ,united ,states citizen or lawful permanent resident employees2 and 7iv7 will-- 7,i7 after the employer has filed an application under this subsection and placed an ,h-#a;,b nonimmigrant designated as a full-time employee on the petition filed under section #bad7;c77#a7 and the nonimmigrant has entered into employment with the petitioner employer 7in nonproductive status due to a decision by the petitioner employer1 based on factors such as lack of work or due to the nonimmigrant's lack of a permit or license71 pay the nonimmigrant full-time wages in accordance with paragraph 7#a77;,a7 for all such nonproductive time2 7,,ii7 after the employer has filed an application under this subsection and placed an ,h-#a;,b nonimmigrant designated as a part-time employee on the petition filed under section #bad7;c77#a7 and the nonimmigrant has entered into employment with the petitioner employer 7in nonproductive status under circumstances described in subclause 7,i771 pay the nonimmigrant for such hours as are designated on such petition in accordance with the rate of pay identified on such petition2 and 7,,iii7 after the employer has filed an application under this subsection1 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 ,united ,states citizens or lawful permanent residents1 benefits and eligibility for benefits1 including-- 7aa7 the opportunity to participate in health1 life1 disability1 and other insurance plans2 7bb7 the opportunity to participate in retirement and savings plans2 and 7cc7 cash bonuses and noncash compensation1 such as stock options 7whether or not such compensation is based on performance74 7,b7 ,with respect to workplace conditions-- 7i7 there has not been an employee-initiated strike at any point during the #b-year period ending on the date on which the petitioner employer files the visa application that sought redress for salary1 wage1 or benefit concerns2 7ii7 there has not been a petitioner employer-initiated lockout at any point during the #b-year period ending on the date on which the petitioner employer filed such visa application2 and 7iii7 no employee in the same or substantially similar occupational classification for which the employer seeks ,h-#a;,b nonimmigrants1 has been displaced1 furloughed1 terminated without cause1 or otherwise involuntarily separated without cause in any way at any point during the #b-year period ending on the date on which the petitioner employer filed such visa application4 7,c7 ,the petitioner employer1 at the time a visa application is filed-- 7i7 has provided notice of the filing under this paragraph to the bargaining representative of its employees in the occupational classification and area for which aliens are sought2 or 7ii7 if such employees do not have a bargaining representative1 has provided notice of filing in the occupational classification through methods such as-- 7,i7 physical posting in conspicuous locations at the place of employment2 or 7,,ii7 electronic notification to employees in the occupational classification for which ,h-#a;,b nonimmigrants are sought4 7,d7 ,the application contains-- 7i7 the specific dollar value of the required wage1 in accordance with subparagraph 7,a72 7ii7 the specific number of nonimmigrant employees sought2 and 7iii7 the occupational classification in which the nonimmigrant employees will be employed4 7,e7 7i7 ,the petitioner employer-- 7,i7 will not replace a ,united ,states citizen or lawful permanent resident with one or more nonimmigrants2 7,,ii7 will not contract with any third party to provide a nonimmigrant to replace any ,united ,states citizen or lawful permanent resident2 and 7,,iii7 has not displaced1 furloughed1 terminated without cause1 or otherwise involuntarily separated1 and will not displace1 furlough1 terminate without cause1 or otherwise involuntarily separate a ,united ,states citizen or lawful permanent resident employed by the petitioner employer during the #d-year period beginning on the date that is #b years before the date on which the petitioner employer filed any visa petition supported by the application4 7ii7 ,the #d-year period referred to in clause 7i77,,iii7 does not include any period of on-site1 remote1 teleconference-based1 computer-based1 or other virtual training of nonimmigrants by or with employees of the petitioner employer4 7,f7 ,the petitioner employer will not place an ,h-#a;,b nonimmigrant employee with another employer 7unless the petitioner employer1 after diligent inquiry of the other employer1 has no knowledge that1 during the #d-year period beginning #b years before the date on which the employee was placed with the other employer1 the other employer has displaced or intends to displace a ,united ,states citizen or lawful permanent resident employed by the other employer7 if-- 7i7 the employee performs duties1 in whole or in part1 at one or more worksites owned1 operated1 or controlled by such other employer2 and 7ii7 there are indicia of an employment relationship between the nonimmigrant and such other employer4 7,g7 ,the petitioner employer1 before filing an application under this paragraph-- 7i7 has documented specific steps to recruit potential employees who are ,united ,states citizens or lawful permanent residents using mainstream and industry-focused media and online advertising campaigns1 and offering wages that are at least as high as the wage requirements established for nonimmigrants in subparagraph 7,a71 in order to recruit such citizens and residents for the job or jobs for which the nonimmigrant or nonimmigrants is or are sought2 7ii7 has offered the job to any ,united ,states citizen or lawful permanent resident who applies and possesses the same or better qualifications for such jobs2 7iii7 despite the efforts specified in clauses 7i7 and 7ii71 has been unable to hire ,united ,states citizens or lawful permanent residents for any of such available jobs2 7iv7 has not intimidated1 threatened1 restrained1 coerced1 blacklisted1 discharged1 or in any other manner discriminated against an employee 7including former employees and applicants for employment7 because the employee-- 7,i7 has disclosed information to the petitioner employer1 or to any other person or entity1 that the employee reasonably believes evidences a violation of this subsection1 or any rule or regulation pertaining to this subsection2 or 7,,ii7 cooperated1 or sought to cooperate1 in an investigation or other proceeding concerning the petitioner employer's compliance or noncompliance with the requirements under this subsection or any rule or regulation pertaining to this subsection2 and 7v7 has executed a sworn affidavit or other court-recognized statement that-- 7,i7 swears or affirms the truth of the information regarding such recruiting efforts2 and 7,,ii7 acknowledges that false statements made in such statement will subject the affiant to criminal prosecution under section #afba of title #ah1 ,united ,states ,code4 7#b7 ,notification and transparency requirements 7,a7 ,in general ,the petitioner employer shall make available for examination its materials relating to its application to the ,secretary of ,labor in accordance with paragraph 7#a74 7,b7 ,internal and external publication of application materials 7i7 ,electronic publication ,not later than #a business day after the date on which an application is filed in accordance with paragraph 7#a71 the petitioner employer shall-- 7,i7 electronically mail a copy of such application and necessary accompanying documentation to all employees at all business locations and worksites to ensure employer-wide employee awareness of the application2 and 7,,ii7 post an electronic copy of the application and such accompanying documentation as are necessary on a publicly accessible website to ensure public awareness of the application4 7ii7 ,physical posting ,not later than #e business days after the date on which an application is filed in accordance with paragraph 7#a71 the petitioner employer shall post copies of such application and necessary accompanying documentation in prominent places at all of its business locations and worksites to ensure that all of its employees are aware of the application4 7,c7 ,failure to provide complete internal and external publication of application materials ,if the ,secretary of ,labor receives proof that a petitioner employer has failed to meet the publication requirements under subparagraph 7,b7 of any application that is filed in accordance with paragraph 7#a71 the ,secretary shall-- 7i7 deny such application2 and 7ii7 prevent such petitioner employer from filing another such application during the #b-year period beginning on such date of denial4 7,d7 ,secretary of labor application transparency obligations ,the ,secretary of ,labor shall-- 7i7 compile and publish on the ,department of ,labor website1 on an ongoing basis-- 7,i7 the name of the petitioner employer that has filed an application under this subsection2 7,,ii7 the date on which each such petitioner employer filed such application2 7,,iii7 the number of ,h-#a;,b visas that have been requested in such application2 7,,iv7 the sworn affidavit or other court-recognized statement required under paragraph 7#a77;,g77v72 and 7,v7 the name of the employee or employees who signed or executed the sworn affidavit or other court-recognized statement referred to in subclause 7,,iv72 7ii7 not later than ,july #a of each year1 publish the information described in clause 7i7 for the preceding calendar year in the ,federal ,register2 and 7iii7 not later than ,july #a of each year1 submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives that contains-- 7,i7 the information described in clause 7i72 7,,ii7 information about any petitioner employers whose applications were denied under subparagraph 7,c72 7,,iii7 information about any ongoing investigations of petitioner employers for potential or determined violations of use of the ,h-#a;,b visa program2 7,,iv7 any referrals of potential violations of section #afba of title #ah1 ,united ,states ,code1 to the ,attorney ,general1 as required under paragraph 7#c77;,d77i72 7,v7 any assessments of civil penalties of petitioner employers1 as required under clauses 7ii7 and 7iii7 of paragraph 7#c77;,d72 and 7,,vi7 any additional information that the ,secretary of ,labor believes may be relevant to future congressional evaluation of the ,h-#a;,b visa program4 7#c7 ,h-#a;,b application investigations 7,a7 ,in general ,the ,secretary of ,labor shall establish a process for the receipt1 investigation1 and disposition of complaints respecting-- 7i7 a petitioner employer's failure to meet a condition specified in an application submitted under paragraph 7#a72 and 7ii7 a petitioner employer's misrepresentation of material facts in such an application4 7,b7 ,investigation procedures 7i7 ,in general ,the ,secretary of ,labor may conduct an investigation of any complaint alleged against a petitioner employer-- 7,i7 based on the independent judgment of the ,secretary2 7,,ii7 in response to a referral or complaint from the head of another ,federal agency2 or 7,,iii7 through any other method that1 in the ,secretary's discretion1 shows cause for such an investigation4 7ii7 ,complainants ,a complaint may be filed by any aggrieved party1 including-- 7,i7 any ,united ,states citizen or lawful permanent resident who believes his or her job has been eliminated or could potentially be eliminated as the result of the petitioner employer hiring or seeking to hire a foreign national pursuant to a nonimmigrant visa2 7,,ii7 any trade association or union that represents any person described in subclause 7,i72 and 7,,iii7 any foreign national hired for work in the ,united ,states pursuant to a nonimmigrant visa who believes he or she is subject to potentially unlawful workplace conditions or requirements4 7iii7 ,process for foreign national complainants ,the ,secretary of ,labor and the ,secretary of ,homeland ,security shall devise a process under which an ,h-#a;,b nonimmigrant who files a complaint regarding a violation under this subsection and is otherwise eligible to remain and work in the ,united ,states may be allowed to seek other appropriate employment in the ,united ,states for a period not to exceed the maximum period of stay authorized for such nonimmigrant classification4 7iv7 ,program pause for initiation of investigation ,in any situation in which the ,secretary of ,labor commences an investigation of a petitioner employer under this paragraph1 the ,secretary of ,labor may-- 7,i7 cease processing any application that is submitted under this subsection and filed by such petitioner employer until the conclusion of such investigation2 and 7,,ii7 suspend such petitioner employer's usage of currently issued ,h-#a;,b nonimmigrant visas1 until the conclusion of such investigation4 7,c7 ,initiation of investigation ,not later than #cj days after the date on which a complaint is filed with the ,department of ,labor under this paragraph1 the ,secretary of ,labor-- 7i7 shall determine whether a reasonable basis exists to make a finding under subparagraph 7,d72 7ii7 not later than #cj days after the date of such determination1 shall provide for notice of such determination to the interested parties and an opportunity for a hearing on such determination1 in accordance with section #eef of title #e1 ,united ,states ,code2 7iii7 if such a hearing is requested and held1 shall make a finding concerning the matter not later than #cj days after the date of such hearing2 and 7iv7 in the case of similar complaints respecting the same petitioner employer1 may consolidate the hearings under this subparagraph on such complaints4 7,d7 ,penalties 7i7 ,finding of possible criminal violation ,if the ,secretary of ,labor1 after notice and opportunity for a hearing under subparagraph 7,c71 finds that a petitioner employer made one or more false statements in a sworn affidavit or similar court-recognized statement1 the ,secretary shall refer such petitioner employer to the ,attorney ,general for criminal prosecution4 7ii7 ,finding of material failure without displacement ,if the ,secretary of ,labor1 after notice and opportunity for a hearing under subparagraph 7,c71 finds that a petitioner employer materially failed to meet a condition required under paragraph 7#a71 the ,secretary may-- 7,i7 impose a fine against the petitioner employer that is not less than #ej1jjj and not greater than #ajj1jjj per violation1 which shall be deposited into the general fund of the ,treasury2 7,,ii7 immediately revoke all issued ,h-#a;,b visas currently being used by the petitioner employer2 and 7,,iii7 prohibit the petitioner employer from applying for additional ,h-#a;,b visas for a period of not less than #e years and not more than #aj years4 7iii7 ,finding of material failure with displacement ,if the ,secretary of ,labor1 after notice and opportunity for a hearing under subparagraph 7,c71 finds that a petitioner employer materially failed to meet a condition under paragraph 7#a71 and1 in the course of1 or as a result of1 such material failure1 the petitioner employer displaced a ,united ,states citizen or lawful permanent resident employed by the petitioner employer during the period beginning #b years before the date on which any visa petition supported by the application was filed and ending #b years after such date1 the ,secretary shall-- 7,i7 impose a fine against the petitioner employer that is not less than #ajj1jjj and not greater than #ejj1jjj per violation1 which shall be deposited into the general fund of the ,treasury2 7,,ii7 immediately revoke all issued ,h-#a;,b visas currently being used by the petitioner employer2 7,,iii7 permanently bar the petitioner employer from applying for additional ,h-#a;,b visas2 and 7,,iv7 require the petitioner employer to provide retroactive compensation for any displaced ,united ,states citizen or lawful permanent resident employee4 7,e7 ,scope of investigative authority 7i7 ,in general ,the ,secretary of ,labor may initiate an investigation of any petitioner employer that employs nonimmigrants described in section #aja7;a77#ae77;,h77i77b7 if the ,secretary of ,labor has reasonable cause to believe that the petitioner employer is not in compliance with this subsection4 7ii7 ,certification ,the ,secretary of ,labor 7or the acting ,secretary in case of the absence or disability7 shall personally certify that reasonable cause exists to initiate an investigation under this subparagraph4 ,the investigation may be initiated for reasons other than completeness and obvious inaccuracies by the petitioner employer in complying with this subsection4 7iii7 ,use of information ,if the ,secretary of ,labor receives specific credible information from a source who is likely to have knowledge of a petitioner employer's practices or employment conditions1 or a petitioner employer's compliance with the petitioner employer's labor condition application under paragraph 7#a71 and whose identity is known to the ,secretary of ,labor1 and such information provides reasonable cause to believe that the petitioner employer has committed a willful failure to meet a condition under subparagraph 7,a71 7,b71 7,c71 7,e71 7,f71 or 7,g77i71 has engaged in a pattern or practice of failures to meet such a condition1 or has committed a substantial failure to meet such a condition that affects multiple employees1 the ,secretary of ,labor may-- 7,i7 conduct an investigation into the alleged failure or failures2 and 7,,ii7 withhold the identity of the source from the petitioner employer1 which shall not be subject to disclosure under section #eeb of title #e1 ,united ,states ,code4 7iv7 ,procedure ,the ,secretary of ,labor shall establish a procedure for any person desiring to provide information described in clause 7iii7 that may be used1 in whole or in part1 as the basis for the commencement of an investigation described in such clause1 to provide such information in writing on a form developed and provided by the ,secretary and completed by or on behalf of the person4 ,such person may not be an officer or employee of the ,department of ,labor unless the information satisfies the requirement under clause 7v77,,ii71 although an officer or employee of the ,department of ,labor may complete the form on behalf of the person4 7v7 ,information sources ,any investigation initiated or approved by the ,secretary of ,labor under this subparagraph shall be based on information that-- 7,i7 satisfies the requirements under clause 7iii72 and 7,,ii7 7aa7 originates from a source other than an officer or employee of the ,department of ,labor2 or 7bb7 was lawfully obtained by the ,secretary of ,labor in the course of lawfully conducting another ,department of ,labor investigation4 7vi7 ,clarification ,the receipt of information by the ,secretary of ,labor that was submitted by a petitioner employer to the ,secretary of ,homeland ,security or the ,secretary of ,labor for purposes of securing the employment of a nonimmigrant described in section #aja7;a77#ae77;,h77i77b7 shall not be considered a receipt of information under clause 7iii74 7vii7 ,deadline ,an investigation described in clause 7iii7 7or a hearing described in clause 7ix7 based on such investigation7 may not be conducted with respect to information about a failure to meet a condition described in clause 7iii7 unless the ,secretary of ,labor receives the information not later than #a year after the date of the alleged failure4 7viii7 ,notice 7,i7 ,in general ,before initiating an investigation of a petitioner employer under this subparagraph1 the ,secretary of ,labor shall provide notice of the intent to conduct such an investigation to such employer in such a manner1 and containing sufficient information1 to permit the petitioner employer to respond to the allegations before the investigation is commenced4 7,,ii7 ,exception ,the ,secretary of ,labor is not required to comply with subclause 7,i7 if the ,secretary determines that such compliance would interfere with an effort by the ,secretary to secure compliance by the petitioner employer with the requirements under this subsection4 ,there shall be no judicial review of a determination by the ,secretary of ,labor under this clause4 7ix7 ,timing ,an investigation under this subparagraph may be conducted for a period of up to #fj days4 ,not later than #abj days after the ,secretary of ,labor determines1 through an investigation under this subparagraph1 that a reasonable basis exists to determine that the petitioner employer has committed a willful failure to meet a condition under subparagraph 7,a71 7,b71 7,c71 7,e71 7,f71 or 7,g77i7 of paragraph 7#a71 has engaged in a pattern or practice of failures to meet such a condition1 or has committed a substantial failure to meet such a condition that affects multiple employees1 the ,secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing in accordance with section #eef of title #e1 ,united ,states ,code4 ,if such a hearing is requested1 the ,secretary of ,labor shall make a finding concerning the matter not later than #abj days after the date of the hearing4 7,f7 ,compliance 7i7 ,good faith attempt ,except as provided in clauses 7ii7 and 7iii71 a person or entity is considered to have complied with the requirements under this subsection1 notwithstanding a technical or procedural failure to meet such requirements1 if there was a good faith attempt to comply with the requirements4 7ii7 ,exceptions ,clause 7i7 shall not apply if-- 7,i7 the ,department of ,labor 7or another enforcement agency7 has explained to the person or entity the basis for the failure2 7,,ii7 the person or entity has been provided a period of not less than #aj business days after the date of the explanation to correct the failure2 and 7,,iii7 the person or entity has not corrected the failure voluntarily within the period described in subclause 7,,ii74 7iii7 ,penalty avoidance ,a person or entity shall not be assessed fines or other penalties for a violation of the prevailing wage requirements under paragraph 7#a77;,a7 if the person or entity establishes that the manner in which the prevailing wage was calculated was consistent with recognized industry standards and practices4 7iv7 ,exceptions ,clauses 7i7 and 7iii7 shall not apply to a person or entity that has engaged in1 or is engaging in1 a pattern or practice of willful violations of this subsection4 7#d7 ,savings provision ,nothing in this subsection may be construed to supersede or preempt any other enforcement-related authority under this title1 including section #bgd;,b1 or under any other ,act4 4 7b7 ,admission of nonimmigrants ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended-- 7#a7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,presumption of status2 written waiver 7#a7 ,in general ,every alien 7other than a nonimmigrant described in subparagraph 7,l7 or 7,v7 of section #aja7;a77#ae7 and other than a nonimmigrant described in any provision of subparagraph 7,h7 of such section except subclause 7b#a7 of such subparagraph7 shall be presumed to be an immigrant until the alien establishes to the satisfaction of the consular officer1 at the time of application for a visa1 and the immigration officers1 at the time of application for admission1 that he or she is entitled to a nonimmigrant status under section #aja7;a77#ae74 7#b7 ,restrictions ,an alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges1 exemptions1 and immunities under the ,international ,organizations ,immunities ,act 7#bb ,u4,s4,c4 #bhh et seq471 and an alien who is the attendant1 servant1 employee1 or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa1 or to enter the ,united ,states as an immigrant unless the alien executes a written waiver in the same form and substance as is prescribed under section #bdg7;b74 2 and 7#c7 in subsection 7c7-- 7,a7 by striking paragraph 7#b72 7,b7 in paragraph 7#i7-- 7i7 in subparagraph 7,a71 by striking 7excluding and all that follows through organization7 filing before and inserting filing2 and 7ii7 in subparagraph 7,b71 by striking #a1ejj and inserting #aj1jjj2 7,c7 by striking paragraph 7#aj72 7,d7 in paragraph 7#aa77;,a71 by striking or the ,secretary of ,state1 as appropriate12 and 7,e7 in paragraph 7#ab77;,c71 by striking #ejj and inserting #b1jjj4 7c7 ,employment authorization ,section #bgd;,a7h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7 is amended by adding at the end the following3 7#d7 ,employment authorization for aliens no longer engaged in full-time study in the united states ,notwithstanding any other provision of law1 no alien present in the ,united ,states as a nonimmigrant under section #aja7;a77#ae77;,f77i7 may be provided employment authorization in the ,united ,states pursuant to the ,optional ,practical ,training ,program1 or any such successor program1 without an express ,act of ,congress authorizing such a program4 4 7d7 ,clerical amendment ,section #bab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7 is amended by redesignating subsection 7t71 as added by section #a7;b77#b77;,b7 of ,public ,law #ajh-ddi1 as subsection 7u74 ,,ii ,new ,h-#a;,b ,visa requirements #bja4 ,bar on nondisparagement and nondisclosure agreements 7a7 ,in general ,a petitioner employer may not require a ,united ,states citizen or lawful permanent resident employee of such petitioner employer to sign any nondisparagement or nondisclosure agreement1 regardless of its characterization or label1 that conditions receipt of any financial or nonfinancial benefit from the petitioner employer upon the nondisclosure of such petitioner employer's potential misuse of the ,h-#a;,b visa program4 7b7 ,patent or trademark affirmative defense in litigation ,notwithstanding subsection 7a71 a petitioner employer1 as a defense in litigation1 may affirmatively assert that an agreement described in subsection 7a7 was necessary to prevent the disclosure of any highly technical information that might be related to a pending patent or trademark application4 #bjb4 ,united ,states ,federal court jurisdiction over civil actions pertaining to misuse of the ,h-#a;,b visa program 7a7 ,in general ,notwithstanding any other provision of law-- 7#a7 each ,united ,states district court shall have jurisdiction to address civil actions by any person claiming misuse of the ,h-#a;,b visa program2 7#b7 each ,united ,states court of appeals shall have jurisdiction to address appeals of civil actions by any person claiming misuse of the ,h-#a;,b visa program for cases originating within a ,united ,states district court within that circuit2 and 7#c7 the ,supreme ,court of the ,united ,states shall have jurisdiction to address appeals of civil actions by any person claiming misuse of the ,h-#a;,b visa program for cases originating from any ,united ,states court of appeals4 7b7 ,no exhaustion requirement ,notwithstanding any other provision of law1 a person shall have standing to pursue a civil action claiming misuse of the ,h-#a;,b visa program1 in accordance with subsection 7a71 regardless of whether such person has exhausted all administrative remedies in connection with such claims4 7c7 ,rule of construction ,nothing in this section may be construed to affect or change any of the other jurisdictional1 procedural1 or administrative rules under title #bh1 ,united ,states ,code1 other than the specific establishment of jurisdiction of ,federal courts1 as provided in subsection 7a74 ,,iii ,repeal of other provisions #cja4 ,repeal of the diversity visa lottery ,title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq47 is amended-- 7#a7 in section #bja7;a7-- 7,a7 in paragraph 7#a71 by adding and at the end2 7,b7 in paragraph 7#b71 by striking 2 and and inserting a period2 and 7,c7 by striking paragraph 7#c72 7#b7 in section #bjc-- 7,a7 by striking subsection 7c72 and 7,b7 in subsection 7e7-- 7i7 by striking paragraph 7#b72 and 7ii7 by redesignating paragraph 7#c7 as paragraph 7#b72 and 7#c7 in section #bjd7;a77#a71 by striking subparagraph 7,i74