,,ii #aafth ,,congress #ast ,session ,s4 #bbbd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bc1 #bjai,mr4 ,blumenthal 7for himself and ,mr4 ,cruz7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend section #bad7;c77#h7 of the ,immigration and ,nationality ,act to modify the data reporting requirements relating to nonimmigrant employees1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,visa ,transparency ,anti-,trafficking ,act of #bjai4 #b4 ,definitions ,in this ,act3 7#a7 ,bona fide research purposes ,the term bona fide research purposes-- 7,a7 means a systematic study or investigation1 including research1 development1 testing1 and evaluation1 designed to develop or to contribute to fuller or generalizable knowledge or understanding2 and 7,b7 does not include-- 7i7 purposes that are commercial1 tortious1 or criminal in nature2 7ii7 purposes that are related to immigration enforcement2 or 7iii7 nonresearch purposes that would not have been practicable1 but for access to the information4 7#b7 ,employment ,the term employment-- 7,a7 means employment in the ,united ,states2 7,b7 includes cultural exchanges1 training1 and business activities in which the nonimmigrant receives any form of compensation 7including a stipend7 from any source1 whether paid in the ,united ,states or in the nonimmigrant's country of origin1 and whether or not authorized by law2 and 7,c7 does not include the activities of a nonimmigrant described in section #aja7;a77#ae77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,b771 except-- 7i7 personal or domestic servants accompanying or following to join a nonimmigrant employer who seeks admission into1 or is already in1 the ,united ,states2 7ii7 personal or domestic servants accompanying or following to join a ,united ,states citizen employer who has a permanent home or is stationed in a foreign country1 and who is temporarily visiting the ,united ,states2 7iii7 nonimmigrants engaged in training1 services1 or work normally allowed under other nonimmigrant visa classifications1 including-- 7,i7 services described in clause 7i77b7 of section #aja7;a77#ae77;,h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae772 and 7,,ii7 training described in clause 7iii7 of such section2 and 7iv7 nonimmigrants engaged in the supervision or training of others engaged in building or construction work1 but not for the purpose of performing any such building or construction work themselves 7as described in section #bad4b7;b77#e7 of title #h1 ,code of ,federal ,regulations and section #da4ca7;b77#a7 of title #bb1 ,code of ,federal ,regulations74 7#c7 ,law enforcement ,the term law enforcement includes-- 7,a7 ,federal law enforcement officers 7as defined in section #aae7;c77#a7 of title #ah1 ,united ,states ,code72 7,b7 ,federal law enforcement officers and local law enforcement officers 7as such terms are defined in paragraphs 7#e7 and 7#f7 of subsection 7b7 of the ,combat ,human ,trafficking ,act of #bjae 7#cd ,u4,s4,c4 #bjgji772 and 7,c7 ,state attorneys general 7as defined in section #d;,g7#a7 of the ,clayton ,act 7#ae ,u4,s4,c4 #ae;g7#a7774 7#d7 ,nonimmigrant visa classification1 status1 or subclassification ,the term nonimmigrant visa classification1 status1 or subclassification means any program1 level1 category1 subcategory1 or other type of grouping that-- 7,a7 is part of a nonimmigrant visa classification or status-- 7i7 described in section #aja7;a77#ae7 or #bad7;e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae7 and #aahd7;e772 or 7ii7 otherwise established under the immigration laws 7as defined in section #aja7;a77#ag7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ag7772 and 7,b7 may be specifically created1 delineated1 or defined in-- 7i7 any ,federal statute1 regulation1 agency guidance1 directive1 memo1 or any other source material1 including the ,code of ,federal ,regulations1 the ,foreign ,affairs ,manual1 and ,department of ,state cables 7classified or unclassified72 or 7ii7 any official form1 application1 or petition used by the ,secretary of ,homeland ,security1 the ,secretary of ,state1 or the ,secretary of ,labor4 7#e7 ,service providers to human trafficking victims ,the term service providers to human trafficking victims means any nonprofit1 nongovernmental organization that has significant knowledge and substantial experience in human trafficking prevention and eradication1 investigation and identification of human trafficking1 and delivering wrap-around services to human trafficking victims1 including grant recipients under-- 7,a7 section #ajg7;b77#b77;,a71 #ajg7;f71 or #aab;,a of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gaje7;b77#b77;,a71 #gaje7;f71 and #gaji;a72 or 7,b7 section #bjb or #bjc of the ,trafficking ,victims ,protection ,reauthorization ,act of #bjje 7#cd ,u4,s4,c4 #bjgjb and #bjgjc74 7#f7 ,temporary foreign nonimmigrant worker ,the term temporary foreign nonimmigrant worker means-- 7,a7 nonimmigrants-- 7i7 who have been issued a visa under section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae772 7ii7 who have petitioned for1 requested1 or otherwise applied for a visa described in subparagraph 7,a72 or 7iii7 for whom such a visa has been petitioned1 requested1 or applied2 and 7,b7 any person authorized to be employed in the ,united ,states under any nonimmigrant visa classification1 subclassification1 or program for nonimmigrants that authorizes employment1 except for persons who were issued nonimmigrant visas for the purpose of victim or witness protection4 7#g7 ,third party intermediary ,the term third party intermediary-- 7,a7 means any natural person1 corporation1 company1 firm1 partnership1 joint stock company or association1 or other organization or entity1 including municipal corporations1 that recruits1 solicits1 or engages in related activities with respect to an individual who resides outside of the ,united ,states in furtherance of employment in the ,united ,states1 including when such activity occurs outside of the ,united ,states2 and 7,b7 includes recruiters1 subrecruiters1 placement agencies1 staffing agencies1 labor contractors1 and sponsor organizations designated by the ,secretary of ,state1 including for-profit and not-for-profit sponsor entities4 7#h7 ,worker protection organizations ,the term worker protection organizations means any nonprofit1 nongovernmental organization that-- 7,a7 promotes compliance with antidiscrimination1 wage1 occupational health and safety1 workers' compensation and other labor and employment laws and regulations2 or 7,b7 otherwise advocates for safeguarding labor standards and improving workplace protections and working conditions4 #c4 ,annual report to ,congress on nonimmigrant visas ,section #bad7;c77#h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#h77 is amended to read as follows3 7#h7 ,not later than #f months after the end of each fiscal year1 the ,secretary of ,homeland ,security 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 includes1 with respect to the reporting period-- 7,a7 the number of citizens of countries with a ,compact of ,free ,association with the ,united ,states who-- 7i7 are authorized by such ,compact to reside indefinitely in the ,united ,states as nonimmigrants2 and 7ii7 were admitted to the ,united ,states2 7,b7 the ports of entry at which the individuals described in subparagraph 7,a7 were admitted2 and 7,c7 with respect to each nonimmigrant visa classification1 subclassification1 or program for nonimmigrants that authorizes employment1 as applicable 7except for visas issued for the purpose of victim or witness protection71 to the extent that the following data are collected by the ,department of ,homeland ,security1 the ,department of ,labor1 the ,department of ,state1 or any other ,federal agency to which the collection of such data has been delegated by any such ,department1 or by any successor agency to any such department-- 7i7 the number of visas that were issued2 7ii7 the number of persons who were admitted into the ,united ,states2 7iii7 the number of persons who were otherwise granted legal status2 7iv7 the number of visas that expired1 were revoked1 or were otherwise terminated1 respectively2 7v7 the number of temporary foreign nonimmigrant workers employed in each ,state2 7vi7 the #aj employers that hired the most temporary foreign nonimmigrant workers2 7vii7 the #aj occupations1 listed by ,standard ,occupational ,classification ,code1 in which the largest number of temporary foreign nonimmigrant workers are employed in the ,united ,states1 and the average hourly and yearly salary paid to temporary foreign nonimmigrant workers in each such occupation2 7viii7 the #aj most common nationalities of temporary foreign nonimmigrant workers2 7ix7 the #aj third party intermediaries that recruited or hired the most temporary foreign nonimmigrant workers2 7x7 the percentage of temporary foreign nonimmigrant workers at each major education level2 7xi7 the percentage of temporary foreign nonimmigrant workers who are younger than #bj years of age1 between #bj and #bd years of age1 between #be and #bi years of age1 between #cj and #cd years of age1 between #ce and #ci years of age1 between #dj and #dd years of age1 between #de and #di years of age1 between #ej and #ed years of age1 between #ee and #ei years of age1 between #fj and #fd years of age1 or older than #fe years of age1 respectively2 7xii7 the percentage of temporary foreign nonimmigrant workers of each sex who were issued visas2 and 7xiii7 the source of the data described in clauses 7i7 through 7xii74 4 #d4 ,database 7a7 ,in general 7#a7 ,availability of information ,at the time the ,secretary of ,homeland ,security submits each annual report under section #bad7;c77#h7 of the ,immigration and ,nationality ,act1 as amended by section #c1 with respect to each temporary foreign nonimmigrant worker1 the ,secretary shall make the information described in subsection 7b7 7except for information regarding visas issued for the purpose of victim or witness protection7 that is collected by the ,department of ,homeland ,security1 the ,department of ,labor1 the ,department of ,state1 or any other ,federal agency to which the collection of such data has been delegated by any such department1 or by any successor agency to any such department on a dedicated and searchable database4 7#b7 ,sources2 redundancies ,the database established under paragraph 7#a7 shall indicate-- 7,a7 the sources from which the information described in subsection 7b7 is derived2 and 7,b7 to the extent that any of the information described in subsection 7b7 is available from more than #a source or ,federal agency1 the database shall-- 7i7 reproduce the information from each source or ,federal agency2 and 7ii7 indicate the source from which it was derived1 including the ,federal agency and any relevant petition or application form4 7b7 ,required information 7#a7 ,biographical information ,the information made available in the database established under subsection 7a7 shall include1 for each temporary foreign nonimmigrant worker-- 7,a7 his or her age2 7,b7 his or her sex2 7,c7 his or her country of origin and local region or ,state2 7,d7 the highest level of education attained1 the institution from which such education was attained1 and his or her primary field of study2 and 7,e7 the name of the university at which he or she is enrolled4 7#b7 ,visa information ,the information made available in the database established under subsection 7a7 shall include1 for each visa requested by a temporary foreign nonimmigrant worker-- 7,a7 the visa classification or status that was requested1 including-- 7i7 any applicable subclassification1 preference1 or program associated with the visa classification or status2 and 7ii7 if applicable1 any section cited from the ,code of ,federal ,regulations1 ,foreign ,affairs ,manual1 or any other ,federal guidance document that corresponds to such subclassification1 preference1 or program2 7,b7 whether the request is for a new visa or an extension of an existing visa or status2 7,c7 the status of the visa1 such as issued1 expired1 revoked1 or terminated2 7,d7 whether the visa was issued pursuant to a blanket petition2 and 7,e7 whether the visa or status was issued at a port of entry and1 if so1 the port of entry where it was issued4 7#c7 ,employment information ,the information made available in the database established under subsection 7a7 shall include-- 7,a7 for each offer of employment in the ,united ,states-- 7i7 the temporary foreign nonimmigrant worker's occupation and the standard occupational classification code for the occupation1 or any other occupational code listed2 7ii7 the wages1 salary1 and any other compensation to be paid to the temporary foreign nonimmigrant worker2 7iii7 the address where the temporary foreign nonimmigrant worker will work1 and any additional worksite addresses2 7iv7 the address where the temporary foreign nonimmigrant worker will reside during his or her employment2 7v7 whether the temporary foreign nonimmigrant worker will be assigned to work at an offsite location2 and 7vi7 whether the temporary foreign nonimmigrant worker's position is a full-time position2 and 7,b7 for each accepted offer of employment in the ,united ,states-- 7i7 the dates on which the temporary foreign nonimmigrant worker began and ended employment2 and 7ii7 the date on which the temporary foreign nonimmigrant worker entered the ,united ,states4 7#d7 ,employer information ,the information made available in the database established under subsection 7a7 shall include1 for each employer of temporary foreign nonimmigrant workers-- 7,a7 the name and address of the employer2 7,b7 if the employer is a household employer1 the nationality of the employer2 7,c7 whether the employer is an ,h-#a;,b dependent employer2 7,d7 whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment1 labor1 or immigration laws of the ,united ,states2 7,e7 whether the employer conducts outplacement of nonimmigrants2 and 7,f7 the percentage of nonimmigrants comprising the ,united ,states workforce of the employer1 including whether the percentage is less than #cj percent1 between #cj and #ej percent1 or more than #ej percent4 7#e7 ,application information ,the information made available in the database established under subsection 7a7 shall include1 for each application filed on behalf of a temporary foreign nonimmigrant worker-- 7,a7 the date on which the application was filed2 7,b7 the status of such application1 such as approved1 rejected1 denied1 withdrawn1 or awaiting final action2 7,c7 whether the application was for the purpose of-- 7i7 beginning new employment2 7ii7 continuing previously approved employment with the same employer without change2 7iii7 changing from previously approved employment2 7iv7 new concurrent employment2 7v7 changing of employer2 7vi7 amending a petition2 7vii7 requesting initial permission to accept employment2 7viii7 renewing permission to accept employment2 or 7ix7 something not described in clauses 7i7 through 7viii72 7,d7 whether the application was a blanket petition2 7,e7 the total number of temporary foreign nonimmigrant workers included in the application2 7,f7 the application number2 7,g7 whether the temporary foreign nonimmigrant worker is eligible for employment authorization based on pre-completion optional practical training1 post-completion optional practical training1 or ,,stem optional practical training2 7,h7 if the temporary foreign nonimmigrant worker is eligible for employment authorization based on ,,stem optional practical training-- 7i7 the worker's degree2 and 7ii7 the name of the worker's employer2 and 7,i7 the name of the person or entity that filed a permanent status petition on the behalf of the temporary foreign nonimmigrant worker4 7#f7 ,third party intermediary information ,the information made available in the database established under subsection 7a7 shall include the name and last known domestic and foreign business address of any third party intermediary involved in identifying workers for employment in the ,united ,states with a nonimmigrant visa4 7c7 ,recipient entities 7#a7 ,in general ,the database established under subsection 7a71 including all personally identifiable information including in such database1 shall be made available only to-- 7,a7 law enforcement2 7,b7 service providers to human trafficking victims2 7,c7 worker protection organizations2 or 7,d7 entities agreeing to only use such information for bona fide research purposes4 7#b7 ,certification ,entities receiving data under paragraph 7#a77;,d7 for bona fide research purposes shall certify that-- 7,a7 the entity will only use the data for research purposes2 and 7,b7 the entity will not share or disclose the data in disaggregated form1 in a manner that would make any personally identifiable information discernible1 with any individual or entity that has not been approved by the ,department of ,homeland ,security to receive it4 7#c7 ,privacy protection ,any government official who uses information contained in the database established under subsection 7a7 shall take reasonable steps to ensure that such use does not enable such information to be manipulated-- 7,a7 to identify an individual nonimmigrant to whom the information relates2 or 7,b7 to disaggregate such information into its component parts4 7d7 ,rulemaking ,the ,secretary of ,homeland ,security shall-- 7#a7 promulgate a rule that establishes-- 7,a7 procedures for requesting and accessing information contained in the database established under subsection 7a71 which access may not be limited to fewer than #e years2 and 7,b7 security procedures for protecting such information1 including rules relating to personnel security1 physical security1 and network security2 and 7#b7 promulgate regulations making the information described in subsection 7a7 available to the public in a searchable database format1 except for-- 7,a7 any personally identifiable information1 including-- 7i7 worksite address1 but shall include the ,state in which the worksite is located2 and 7ii7 the names of any household employers2 7,b7 any query that returns fewer than #aj workers2 and 7,c7 any information that1 alone or in combination1 would allow a reasonable person who does not have personal knowledge of the relevant circumstances1 to identify a specific temporary foreign nonimmigrant worker with reasonable certainty4 #e4 ,authority to modify forms ,the ,secretary of ,homeland ,security1 the ,secretary of ,state1 and the ,secretary of ,labor may take such steps as may be necessary to revise any application1 petition1 form1 or database used to regulate the issuance of visas to nonimmigrants or to grant nonimmigrant status to comply with the reporting requirements set forth in section #bad7;c77#h7 of the ,immigration and ,nationality ,act1 as amended by section #c4 #f4 ,authority to immediately update fees ,notwithstanding the requirements under chapter #e of title #e1 ,united ,states ,code 7commonly referred to as the ,administrative ,procedure ,act7 or any other law1 the ,secretary of ,homeland ,security1 the ,secretary of ,state1 or the ,secretary of ,labor may1 without notice and comment1 reasonably adjust applicable fees charged to any person or entity to the extent necessary to recover the full cost implementing this ,act or the amendments made by this ,act4 #g4 ,information sharing ,the ,secretary of ,state and the ,secretary of ,labor shall-- 7#a7 annually submit to the ,secretary of ,homeland ,security1 in a timely manner1 any information collected or maintained by the ,department of ,state or the ,department of ,labor that is required to be included in the annual report under section #bad7;c77#h7 of the ,immigration and ,nationality ,act1 as amended by section #c2 and 7#b7 provide any other related information to the ,secretary of ,homeland ,security1 upon request1 that may be necessary to carry out the ,secretary of ,homeland ,security's responsibilities under this ,act and the amendment made by section #c4 #h4 ,exemption from ,paperwork ,reduction ,act ,the requirements under chapter #ce of title #dd1 ,united ,states ,code 7commonly referred to as the ,paperwork ,reduction ,act71 shall not apply to any action to implement this ,act or the amendments made by this ,act4 #i4 ,progressive implementation 7a7 ,initial report ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit the first report required under section #bad7;c77#h7 of the ,immigration and ,nationality ,act1 as amended by section #c1 based on the information that is available from the ,department of ,homeland ,security1 the ,department of ,labor1 and the ,department of ,state as of the date of the enactment of this ,act4 7b7 ,full report ,not later than #c years after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit the report required under section #bad7;c77#h7 of the ,immigration and ,nationality ,act1 as amended by section #c1 which shall include all of the information and data listed in subparagraph 7,c7 of such section1 which is collected by the ,department of ,homeland ,security1 the ,department of ,labor1 the ,department of ,state1 or any other ,federal agency to which the collection of such data has been delegated by any such ,department1 or by any successor agency to any such ,department4 #aj4 ,continued reporting 7a7 ,in general ,federal and ,state administrative agencies shall continue to publicly report all nonimmigrant visa data required by law as of the day before the date of the enactment of this ,act4 7b7 ,savings provision ,none of the reporting requirements under this ,act or the amendments made by this ,act may be construed to replace-- 7#a7 any reporting requirements under any statute or regulation in effect on the date of the enactment of this ,act2 or 7#b7 any reports or publicly available microdata published by any ,federal agency pertaining to any nonimmigrant visa classification that authorizes employment4