,,ii #aagth ,,congress #ast ,session ,s4 #cdh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bb1 #bjba,mr4 ,menendez 7for himself1 ,mr4 ,schumer1 ,mr4 ,padilla1 ,mr4 ,lujn1 ,mr4 ,booker1 ,ms4 ,hirono1 ,ms4 ,klobuchar1 ,mr4 ,sanders1 ,mr4 ,blumenthal1 ,mrs4 ,gillibrand1 ,mr4 ,coons1 ,ms4 ,baldwin1 ,mr4 ,bennet1 ,mr4 ,schatz1 ,mrs4 ,feinstein1 ,mr4 ,markey1 ,ms4 ,warren1 ,mr4 ,hickenlooper1 ,mr4 ,durbin1 ,ms4 ,rosen1 ,mr4 ,van ,hollen1 ,ms4 ,duckworth1 ,ms4 ,smith1 ,mr4 ,carper1 ,ms4 ,cortez ,masto1 and ,mr4 ,leahy7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide an earned path to citizenship1 to address the root causes of migration and responsibly manage the southern border1 and to reform the immigrant visa system1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,u4,s4 ,citizenship ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,sec4 #c4 ,terminology with respect to noncitizens4,,title ,i--,earned path to citizenship and other reforms,subtitle ,a--,earned path to citizenship,sec4 #aaja4 ,lawful prospective immigrant status4,sec4 #aajb4 ,adjustment of status of lawful prospective immigrants4,sec4 #aajc4 ,the ,dream ,act4,sec4 #aajd4 ,the ,american ,promise ,act4,sec4 #aaje4 ,the ,agricultural ,workers ,adjustment ,act4,sec4 #aajf4 ,general provisions relating to adjustment of status4,subtitle ,b--,other reforms,sec4 #abja4 ,v nonimmigrant visas4,sec4 #abjb4 ,expungement and sentencing4,sec4 #abjc4 ,petty offenses4,sec4 #abjd4 ,restoring fairness to adjudications4,sec4 #abje4 ,judicial review4,sec4 #abjf4 ,modifications to naturalization provisions4,sec4 #abjg4 ,relief for long-term legal residents of the ,commonwealth of the ,northern ,mariana ,islands4,sec4 #abjh4 ,government contracting and acquisition of real property interest4,sec4 #abji4 ,conforming amendments to the ,social ,security ,act4,,title ,,ii--,addressing the root causes of migration and responsibly managing the southern border,sec4 #bjja4 ,definitions4,subtitle ,a--,promoting the rule of law1 security1 and economic development in ,central ,america,sec4 #baja4 ,united ,states ,strategy for ,engagement in ,central ,america4,sec4 #bajb4 ,securing support of international donors and partners4,sec4 #bajc4 ,combating corruption1 strengthening the rule of law1 and consolidating democratic governance4,sec4 #bajd4 ,combating criminal violence and improving citizen security4,sec4 #baje4 ,combating sexual1 gender-based1 and domestic violence4,sec4 #bajf4 ,tackling extreme poverty and advancing economic development4,sec4 #bajg4 ,authorization of appropriations for ,united ,states ,strategy for ,engagement in ,central ,america4,subtitle ,b--,addressing migration needs by strengthening regional humanitarian responses for refugees and asylum seekers in the ,western ,hemisphere and strengthening repatriation initiatives,sec4 #bbja4 ,expanding refugee and asylum processing in the ,western ,hemisphere4,sec4 #bbjb4 ,further strengthening regional humanitarian responses in the ,western ,hemisphere4,sec4 #bbjc4 ,information campaign on dangers of irregular migration4,sec4 #bbjd4 ,identification1 screening1 and processing of refugees and other individuals eligible for lawful admission to the ,united ,states4,sec4 #bbje4 ,registration and intake4,sec4 #bbjf4 ,central ,american ,refugee ,program4,sec4 #bbjg4 ,central ,american ,minors ,program4,sec4 #bbjh4 ,central ,american ,family ,reunification ,parole ,program4,sec4 #bbji4 ,informational campaign2 case status hotline4,subtitle ,c--,managing the border and protecting border communities,sec4 #bcja4 ,expediting legitimate trade and travel at ports of entry4,sec4 #bcjb4 ,deploying smart technology at the southern border4,sec4 #bcjc4 ,independent oversight on privacy rights4,sec4 #bcjd4 ,training and continuing education4,sec4 #bcje4 ,,gao study of waiver of environmental and other laws4,sec4 #bcjf4 ,establishment of ,border ,community ,stakeholder ,advisory ,committee4,sec4 #bcjg4 ,rescue beacons4,sec4 #bcjh4 ,use of force4,sec4 #bcji4 ,office of ,professional ,responsibility4,subtitle ,d--,improving border infrastructure for families and children2 cracking down on criminal organizations,sec4 #bdja4 ,humanitarian and medical standards for individuals in ,u4,s4 ,customs and ,border ,protection custody4,sec4 #bdjb4 ,child welfare at the border4,sec4 #bdjc4 ,office of ,inspector ,general oversight4,sec4 #bdjd4 ,enhanced investigation and prosecution of human smuggling networks and trafficking organizations4,sec4 #bdje4 ,enhanced penalties for organized smuggling schemes4,sec4 #bdjf4 ,expanding financial sanctions on narcotics trafficking and money laundering4,sec4 #bdjg4 ,support for transnational anti-gang task forces for countering criminal gangs4,sec4 #bdjh4 ,hindering immigration1 border1 and customs controls4,,title ,,iii--,reform of the immigrant visa system,subtitle ,a--,promoting family reunification,sec4 #caja4 ,recapture of immigrant visas lost to bureaucratic delay4,sec4 #cajb4 ,reclassification of spouses and minor children of lawful permanent residents as immediate relatives4,sec4 #cajc4 ,adjustment of family-sponsored per-country limits4,sec4 #cajd4 ,promoting family unity4,sec4 #caje4 ,relief for orphans1 widows1 and widowers4,sec4 #cajf4 ,exemption from immigrant visa limit for certain veterans who are natives of the ,philippines4,sec4 #cajg4 ,fiance or fianc child status protection4,sec4 #cajh4 ,retention of priority dates4,sec4 #caji4 ,inclusion of permanent partners4,sec4 #caaj4 ,definition of child4,sec4 #caaa4 ,termination of conditional permanent resident status for certain noncitizen permanent partners and sons and daughters upon finding qualifying permanent partnership improper4,sec4 #caab4 ,nationality at birth4,subtitle ,b--,national origin-,based antidiscrimination for nonimmigrants,sec4 #cbja4 ,expansion of nondiscrimination provision4,sec4 #cbjb4 ,transfer and limitations on authority to suspend or restrict the entry of a class of noncitizens4,subtitle ,c--,diversity immigrants,sec4 #ccja4 ,increasing diversity visas4,subtitle ,d--,reforming employment-,based immigration,sec4 #cdja4 ,doctoral ,,stem graduates from accredited ,united ,states universities4,sec4 #cdjb4 ,addressing visa backlogs4,sec4 #cdjc4 ,eliminating employment-based per country levels4,sec4 #cdjd4 ,increased immigrant visas for other workers4,sec4 #cdje4 ,flexible adjustments to employment-based immigrant visa program4,sec4 #cdjf4 ,regional ,economic ,development ,immigrant ,visa ,pilot ,program4,sec4 #cdjg4 ,wage-based consideration of temporary workers4,sec4 #cdjh4 ,clarifying dual intent for postsecondary students4,sec4 #cdji4 ,h-#d visa reform4,sec4 #cdaj4 ,extensions related to pending petitions4,subtitle ,e--,promoting immigrant and refugee integration,sec4 #ceja4 ,definition of ,foundation4,sec4 #cejb4 ,united ,states ,citizenship and ,integration ,foundation4,sec4 #cejc4 ,pilot program to promote immigrant integration at ,state and local levels4,sec4 #cejd4 ,english as a ,gateway to ,integration grant program4,sec4 #ceje4 ,workforce ,development and ,shared ,prosperity grant program4,sec4 #cejf4 ,existing citizenship education grants4,sec4 #cejg4 ,grant program to assist eligible applicants4,sec4 #cejh4 ,study on factors affecting employment opportunities for immigrants and refugees with professional credentials obtained in foreign countries4,sec4 #ceji4 ,in-,state tuition rates for refugees1 asylees1 and certain special immigrants4,sec4 #ceaj4 ,waiver of ,english requirement for senior new ,americans4,sec4 #ceaa4 ,naturalization for certain ,united ,states high school graduates4,sec4 #ceab4 ,naturalization ceremonies4,sec4 #ceac4 ,national citizenship promotion program4,sec4 #cead4 ,authorization of appropriations for ,foundation and pilot program4,,title ,,iv--,immigration courts1 family values1 and vulnerable individuals,subtitle ,a--,promoting efficient processing of asylum seekers1 addressing immigration court backlogs1 and efficiently repatriating migrants ordered removed,sec4 #daja4 ,expanding alternatives to detention4,sec4 #dajb4 ,eliminating immigration court backlogs4,sec4 #dajc4 ,improved training for immigration judges and members of the ,board of ,immigration ,appeals4,sec4 #dajd4 ,new technology to improve court efficiency4,sec4 #daje4 ,court appearance compliance and legal orientation4,sec4 #dajf4 ,improving court efficiency and reducing costs by increasing access to legal information4,sec4 #dajg4 ,facilitating safe and efficient repatriation4,subtitle ,b--,protecting family values and monitoring and caring for unaccompanied noncitizen children after arrival,sec4 #dbja4 ,definition of local educational agency4,sec4 #dbjb4 ,responsibility of sponsor for immigration court compliance and child well-being4,sec4 #dbjc4 ,funding to school districts for unaccompanied noncitizen children4,sec4 #dbjd4 ,school enrollment4,subtitle ,c--,admission and ,protection of ,refugees1 ,asylum ,seekers1 and ,other ,vulnerable ,individuals,sec4 #dcja4 ,elimination of time limits on asylum applications4,sec4 #dcjb4 ,increasing annual numerical limitation on ,u visas4,sec4 #dcjc4 ,employment authorization for asylum seekers and other individuals4,sec4 #dcjd4 ,enhanced protection for individuals seeking ,t visas1 ,u visas1 and protection under ,,vawa4,sec4 #dcje4 ,alternatives to detention4,sec4 #dcjf4 ,notification of proceedings4,sec4 #dcjg4 ,conversion of certain petitions4,sec4 #dcjh4 ,improvements to application process for ,afghan special immigrant visas4,sec4 #dcji4 ,special immigrant status for certain surviving spouses and children4,sec4 #dcaj4 ,special immigrant status for certain ,syrians who worked for the ,united ,states ,government in ,syria4,sec4 #dcaa4 ,authorization of appropriations4,,title ,v--,employment authorization and protecting workers from exploitation,sec4 #eaja4 ,commission on ,employment ,authorization4,sec4 #eajb4 ,power ,act4,sec4 #eajc4 ,additional civil penalty4,sec4 #eajd4 ,continued application of workforce and labor protection remedies4,sec4 #eaje4 ,prohibition on discrimination based on national origin or citizenship status4,sec4 #eajf4 ,fairness for farmworkers4,sec4 #eajg4 ,protections for migrant and seasonal laborers4,sec4 #eajh4 ,directive to the ,united ,states ,sentencing ,commission4,sec4 #eaji4 ,labor ,law ,enforcement ,fund4 #b4 ,definitions ,in this ,act3 7#a7 ,in general ,any term used in this ,act that is used in the immigration laws shall have the meaning given such term in the immigration laws4 7#b7 ,immigration laws ,the term immigration laws has the meaning given the term in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a774 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 #c4 ,terminology with respect to noncitizens 7a7 ,immigration and ,nationality ,act 7#a7 ,in general ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7,a7 in section #aja7;a7 7#h ,u4,s4,c4 #aaja7;a77-- 7i7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,noncitizen ,the term noncitizen means any person not a citizen or national of the ,united ,states4 2 and 7ii7 by adding at the end the following3 7#ec7 ,noncitizenship ,the term noncitizenship means the condition of being a noncitizen4 2 7,b7 by striking an alien each place it appears and inserting a noncitizen2 7,c7 by striking ,an alien each place it appears and inserting ,a noncitizen2 7,d7 by striking alien each place it appears and inserting noncitizen2 7,e7 by striking aliens each place it appears and inserting noncitizens2 7,f7 by striking alien's each place it appears and inserting noncitizen's2 and 7,g7 by striking alienage each place it appears and inserting noncitizenship4 7#b7 ,headings ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7,a7 in the title and chapter headings-- 7i7 by striking ,alien each place it appears and inserting ,noncitizen2 and 7ii7 by striking ,aliens each place it appears and inserting ,noncitizens2 7,b7 in the section headings-- 7i7 by striking ,alien each place it appears and inserting ,noncitizen2 7ii7 by striking ,aliens each place it appears and inserting ,noncitizens2 and 7iii7 by striking ,alienage each place it appears and inserting ,noncitizenship2 7,c7 in the subsection headings-- 7i7 by striking ,alien each place it appears and inserting ,noncitizen2 and 7ii7 by striking ,aliens each place it appears and inserting ,noncitizens2 and 7,d7 in the paragraph1 subparagraph1 clause1 subclause1 item1 and subitem headings-- 7i7 by striking ,alien each place it appears and inserting ,noncitizen2 7ii7 by striking alien each place it appears and inserting noncitizen2 7iii7 by striking ,aliens each place it appears and inserting ,noncitizens2 and 7iv7 by striking aliens each place it appears and inserting noncitizens4 7#c7 ,table of contents ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7,a7 by striking the item relating to title ,v and inserting the following3 ,title ,v--,noncitizen terrorist removal procedures 2 and 7,b7 in the items relating to the chapters and sections-- 7i7 by striking ,alien each place it appears and inserting ,noncitizen2 7ii7 by striking ,aliens each place it appears and inserting ,noncitizens2 7iii7 by striking alien each place it appears and inserting noncitizen2 7iv7 by striking aliens each place it appears and inserting noncitizens2 and 7v7 by striking alienage each place it appears and inserting noncitizenship4 7b7 ,unaccompanied noncitizen children ,section #dfb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7 is amended by striking alien each place it appears and inserting noncitizen4 7c7 ,references to aliens ,with respect to a person who is not a citizen or national of the ,united ,states1 any reference in ,federal law1 ,federal regulation1 or any written instrument issued by the executive branch of the ,government to an alien shall be deemed to refer to a noncitizen 7as defined in section #aja7;a7 of the ,immigration and ,nationality ,act1 as amended by subsection 7a77#a774 ,i ,earned path to citizenship and other reforms ,a ,earned path to citizenship #aaja4 ,lawful prospective immigrant status 7a7 ,in general ,chapter #e of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee et seq47 is amended by inserting after section #bde;,a the following3 #bde;,b4 ,adjustment of status of eligible entrants to that of lawful prospective immigrant 7a7 ,requirements ,notwithstanding any other provision of law1 the ,secretary may grant lawful prospective immigrant status to a noncitizen who-- 7#a7 satisfies the eligibility requirements set forth in section #bde;,g7b71 including all criminal and national security background checks and the payment of all applicable fees2 and 7#b7 submits an application pursuant to the procedures under section #bde;,g7b77#a74 7b7 ,spouses and children ,the requirement in paragraph 7#b7 subsection 7a7 shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all requirements of that subsection4 7c7 ,duration of status and extension ,the initial period of authorized admission for a lawful prospective immigrant-- 7#a7 shall remain valid for #f years1 unless revoked pursuant to subsection #bde;,g7g77#d72 and 7#b7 may be extended for additional #f-year terms if-- 7,a7 the noncitizen remains eligible for lawful prospective immigrant status2 7,b7 the noncitizen has successfully passed the background checks described in section #bde;,g7d77#c72 and 7,c7 such status was not revoked by the ,secretary4 7d7 ,evidence of lawful prospective immigrant status 7#a7 ,in general ,the ,secretary shall issue documentary evidence of lawful prospective immigrant status to each noncitizen1 including the principal applicant and any spouse or child included in the application1 whose application for such status has been approved4 7#b7 ,documentation features ,documentary evidence issued under paragraph 7#a7 shall-- 7,a7 comply with the requirements of section #bde;,g7g77#c77;,c72 and 7,b7 specify a period of validity of #f years beginning on the date of issuance4 7e7 ,terms and conditions of lawful prospective immigrant status 7#a7 ,in general ,a noncitizen granted lawful prospective immigrant status under this section shall be considered lawfully present in the ,united ,states for all purposes while such noncitizen remains in such status1 except that the noncitizen-- 7,a7 is not entitled to the premium assistance tax credit authorized under section #cf;,b of the ,internal ,revenue ,code of #aihf for his or her health insurance coverage2 7,b7 shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection 7e7 of that section2 7,c7 shall be subject to the rules applicable to individuals not lawfully present that are set forth in section #adjb7;e7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjga72 and 7,d7 shall be subject to the rules applicable to individuals not lawfully present set forth in section #ejjj;,a7d77#c7 of the ,internal ,revenue ,code of #aihf4 7#b7 ,eligibility for coverage under a qualified health plan ,notwithstanding section #acab7;f77#c7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjcb7;f77#c771 a lawful prospective immigrant shall be treated as a qualified individual under section #acab of that ,act if the lawful prospective immigrant meets the requirements under subsection 7f77#a7 of that section4 7#c7 ,employment ,notwithstanding any other provision of law1 including section #bda7;a77#g71 a lawful prospective immigrant shall be authorized to be employed in the ,united ,states while in such status4 7#d7 ,travel outside the ,united ,states ,a lawful prospective immigrant may travel outside of the ,united ,states and may be admitted1 if otherwise admissible1 upon returning to the ,united ,states without having to obtain a visa if-- 7,a7 the lawful prospective immigrant is in possession of-- 7i7 valid1 unexpired documentary evidence of lawful prospective immigrant status2 or 7ii7 a travel document1 duly approved by the ,secretary1 that was issued to the lawful prospective immigrant after the lawful prospective immigrant's original documentary evidence was lost1 stolen1 or destroyed2 7,b7 the lawful prospective immigrant's absences from the ,united ,states do not exceed #ahj days1 in the aggregate1 in any calendar year1 unless-- 7i7 the lawful prospective immigrant's absences were authorized by the ,secretary2 or 7ii7 the lawful prospective immigrant's failure to timely return was due to circumstances beyond the noncitizen's control2 7,c7 the lawful prospective immigrant meets the requirements for an extension as described in subsection 7c77#b72 and 7,d7 the lawful prospective immigrant establishes that the lawful prospective immigrant is not inadmissible under subparagraph 7,a77i71 7,a77iii71 7,b71 or 7,c7 of section #bab7;a77#c74 7#e7 ,assignment of ,social ,security number 7,a7 ,in general ,the ,commissioner of ,social ,security 7referred to in this paragraph as the ,commissioner71 in coordination with the ,secretary1 shall implement a system to allow for the assignment of a ,social ,security number and the issuance of a ,social ,security card to each lawful prospective immigrant4 7,b7 ,information sharing 7i7 ,in general ,the ,secretary shall provide the ,commissioner with information from the applications submitted by noncitizens granted lawful prospective immigrant status under this section and such other information as the ,commissioner considers necessary to assign a ,social ,security account number to such noncitizens4 7ii7 ,use of information ,the ,commissioner may use information received from the ,secretary under this subparagraph-- 7,i7 to assign ,social ,security account numbers to lawful prospective immigrants2 and 7,,ii7 to administer the programs of the ,social ,security ,administration4 7iii7 ,limitation ,the ,commissioner may maintain1 use1 and disclose such information only as permitted under section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act of #aigd71 and other applicable ,federal law4 4 7b7 ,enlistment in the ,armed ,forces ,section #ejd7;b77#a7 of title #aj1 ,united ,states ,code1 is amended by adding at the end the following3 7,d7 ,a noncitizen who has been granted lawful prospective immigrant status under section #bde;,b of the ,immigration and ,nationality ,act4 4 7c7 ,technical and conforming amendments 7#a7 ,table of contents ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after the item relating to section #bde;,a the following3 ,sec4 #bde;,b4 ,adjustment of status of eligible entrants to that of lawful prospective immigrant4 4 7#b7 ,definition of lawful prospective immigrant ,section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a771 as amended by section #c1 is further amended by adding at the end the following3 7#ed7 ,lawful prospective immigrant ,the term lawful prospective immigrant means a noncitizen granted lawful prospective immigrant status under section #bde;,b4 4 #aajb4 ,adjustment of status of lawful prospective immigrants 7a7 ,in general ,chapter #e of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee et seq471 as amended by section #aaja1 is further amended by inserting after section #bde;,b the following3 #bde;,c4 ,adjustment of status of lawful prospective immigrants 7a7 ,requirements ,notwithstanding any other provision of law1 the ,secretary may adjust the status of a lawful prospective immigrant to that of a lawful permanent resident if the lawful prospective immigrant-- 7#a7 subject to subsection 7b71 satisfies the eligibility requirements set forth in section #bde;,g7b71 including all criminal and national security background checks and the payment of all applicable fees2 7#b7 submits an application pursuant to the procedures under section #bde;,g7b77#a72 7#c7 has been a lawful prospective immigrant for not less than #e years2 7#d7 remains eligible for such status2 7#e7 establishes1 to the satisfaction of the ,secretary1 that the lawful prospective immigrant has not been continuously absent from the ,united ,states for more than #ahj days in any calendar year during the period of admission as a lawful prospective immigrant1 unless the lawful prospective immigrant's absence was-- 7,a7 authorized by the ,secretary2 or 7,b7 due to circumstances beyond the lawful prospective immigrant's control2 and 7#f7 has satisfied any applicable ,federal tax liability4 7b7 ,previous waivers ,for purposes of this section1 any ground of inadmissibility under section #bab7;a7 that was previously waived for a noncitizen1 or made inapplicable under any section of this ,act1 shall not apply4 7c7 ,demonstration of compliance ,an applicant may demonstrate compliance with subsection 7a77#f7 by submitting appropriate documentation1 in accordance with regulations promulgated by the ,secretary1 in consultation with the ,secretary of the ,treasury4 7d7 ,applicable ,federal tax liability defined ,in this section1 the term applicable ,federal tax liability means all ,federal income taxes assessed in accordance with section #fbjc of the ,internal ,revenue ,code of #aihf4 4 7b7 ,technical and conforming amendments 7#a7 ,table of contents ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 as amended by section #aaja1 is further amended by inserting after the item relating to section #bde;,b the following3 ,sec4 #bde;,c4 ,adjustment of status of lawful prospective immigrants4 4 7#b7 ,definition of lawful permanent resident ,section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a771 as amended by section #aaja1 is further amended by adding at the end the following3 7#ee7 ,lawful permanent resident ,the term lawful permanent resident means a noncitizen lawfully admitted for permanent residence4 4 #aajc4 ,the ,dream ,act 7a7 ,in general ,chapter #e of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee et seq471 as amended by section #aajb1 is further amended by inserting after section #bde;,c the following3 #bde;,d4 ,adjustment of status for certain noncitizens who entered the ,united ,states as children 7a7 ,requirements ,notwithstanding any other provision of law1 the ,secretary may grant lawful permanent resident status to a noncitizen if the noncitizen-- 7#a7 satisfies the eligibility requirements set forth in section #bde;,g7b71 including all criminal and national security background checks and the payment of all applicable fees2 7#b7 submits an application pursuant to the procedures under section #bde;,g7b77#a72 7#c7 was younger than #ah years of age on the date on which the noncitizen initially entered the ,united ,states2 7#d7 has earned a high school diploma1 a commensurate alternative award from a public or private high school or secondary school1 a general education development certificate recognized under ,state law1 or a high school equivalency diploma in the ,united ,states2 7#e7 7,a7 has obtained a degree from an institution of higher education1 or has completed at least #b years1 in good standing1 of a program in the ,united ,states leading to a bachelor's degree or higher degree or a recognized postsecondary credential from an area career and technical education school providing education at the postsecondary level2 7,b7 has served in the uniformed services for not less than #b years and1 if discharged1 received an honorable discharge2 or 7,c7 demonstrates earned income for periods totaling not less than #c years and not less than #ge percent of the time that the noncitizen has had valid employment authorization1 except that1 in the case of a noncitizen who was enrolled in an institution of higher education or an area career and technical education school to obtain a recognized postsecondary credential1 the ,secretary shall reduce such total #c-year requirement by the total of such periods of enrollment2 and 7#f7 establishes that the noncitizen has registered under the ,military ,selective ,service ,act 7#ej ,u4,s4,c4 #chja et seq471 if the noncitizen is subject to registration under that ,act4 7b7 ,waiver ,the ,secretary may waive the requirement under subsection 7a77#e7 if the noncitizen demonstrates compelling circumstances for the noncitizen's inability to satisfy such requirement4 7c7 ,spouses and children ,the requirements in paragraphs 7#b7 through 7#f7 of subsection 7a7 shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all requirements of that subsection4 7d7 ,special procedure for applicants with ,,daca ,the ,secretary shall establish a streamlined procedure for noncitizens who-- 7#a7 have been granted ,deferred ,action for ,childhood ,arrivals pursuant to the memorandum of the ,department of ,homeland ,security entitled ,exercising ,prosecutorial ,discretion with ,respect to ,individuals ,who ,came to the ,united ,states as ,children issued on ,june #ae1 #bjab 7referred to in this section as ,,daca72 and 7#b7 meet the requirements for renewal of ,,daca to apply for adjustment of status to that of a lawful permanent resident4 7e7 ,treatment of individuals granted ,,daca and individuals who adjust status under this section 7#a7 ,pre-existing condition insurance plan program ,the interim final rule of the ,department of ,health and ,human ,services entitled ,pre-,existing ,condition ,insurance ,plan ,program 7#gg ,fed4 ,reg4 #ebfad 7,august #cj1 #bjab77 shall have no force or effect4 7#b7 ,applicable definition of lawfully present ,in determining whether an individual is lawfully present for purposes of determining whether the individual is lawfully residing in the ,united ,states under section #aijc7v77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7v77#d771 the definition of lawfully present under section #aeb4b of title #de1 ,code of ,federal ,regulations 7or any successor regulation7 shall be applied4 7#c7 ,inapplicability of limitation on ,federal means-tested public benefits 7,a7 ,in general ,notwithstanding any other provision of law1 except as provided in subparagraph 7,b71 with respect to eligibility for any benefit under title ,,xix or ,,xxi of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq4 or #acig;aa et seq471 the limitation under section #djc7;a7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac7;a77 shall not apply to an individual who adjusts status under this section4 7,b7 ,exception ,the limitation described in subparagraph 7,a7 shall apply to an individual who was eligible to adjust status only by virtue of subsection 7c74 7f7 ,institution of higher education defined ,in this section1 the term institution of higher education has the meaning given such term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb71 except that the term does not include institutions described in subsection 7a77#a77;,c7 of such section4 4 7b7 ,compensation for officers or employees of the ,united ,states ,section #gjd of title ,,vii of division ,e of the ,consolidated ,appropriations ,act1 #bjah 7,public ,law #aae-ada2 #acb ,stat4 #ehh7 is amended-- 7#a7 in paragraph 7#c71 by striking 2 or and inserting a semicolon2 and 7#b7 in paragraph 7#d71 by inserting 2 or 7#e7 is a person who is employed by the ,house of ,representatives or the ,senate1 and has been issued an employment authorization document under ,,daca after ,united ,states4 7c7 ,restoration of ,state option ,to determine residency for purposes of higher education 7#a7 ,repeal ,section #eje of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #afbc7 is repealed4 7#b7 ,effective date ,the repeal under paragraph 7#a7 shall take effect as if included in the original enactment of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh74 7d7 ,federal ,housing ,administration insurance of mortgages ,section #bjc of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agji7 is amended by inserting after subsection 7h7 the following3 7i7 ,,daca recipient eligibility 7#a7 ,,daca recipient defined ,in this subsection1 the term ,,daca recipient means a noncitizen who1 at any time before1 on1 or after the date of enactment of this subsection1 is or was subject to a grant of deferred action pursuant to the ,department of ,homeland ,security memorandum entitled ,exercising ,prosecutorial ,discretion with ,respect to ,individuals ,who ,came to the ,united ,states as ,children issued on ,june #ae1 #bjab4 7#b7 ,prohibition ,the ,secretary may not-- 7,a7 prescribe terms that limit the eligibility of a single family mortgage for insurance under this title because of the status of the mortgagor as a ,,daca recipient2 or 7,b7 issue any limited denial of participation in the program for such insurance because of the status of the mortgagor as a ,,daca recipient4 7#c7 ,exemption 7,a7 ,denial for failure to satisfy valid eligibility requirements ,nothing in this title prohibits the denial of insurance based on failure to satisfy valid eligibility requirements4 7,b7 ,invalid eligibility requirements ,valid eligibility requirements do not include criteria that were adopted with the purpose of denying eligibility for insurance because of race1 color1 religion1 sex1 familial status1 national origin1 disability1 or the status of a mortgagor as a ,,daca recipient4 4 7e7 ,rural ,housing ,service ,section #eja of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adga7 is amended by adding at the end the following3 7k7 ,,daca recipient eligibility 7#a7 ,,daca recipient defined ,in this subsection1 the term ,,daca recipient means a noncitizen who1 at any time before1 on1 or after the date of enactment of this subsection1 is or was subject to a grant of deferred action pursuant to the ,department of ,homeland ,security memorandum entitled ,exercising ,prosecutorial ,discretion with ,respect to ,individuals ,who ,came to the ,united ,states as ,children issued on ,june #ae1 #bjab4 7#b7 ,prohibition ,the ,secretary may not prescribe terms that limit eligibility for a single family mortgage made1 insured1 or guaranteed under this title because of the status of the mortgagor as a ,,daca recipient4 4 7f7 ,fannie ,mae ,section #cjb7;b7 of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agag7;b77 is amended by adding at the end the following3 7#h7 ,,daca recipient eligibility 7,a7 ,,daca recipient defined ,in this paragraph1 the term ,,daca recipient means a noncitizen who1 at any time before1 on1 or after the date of enactment of this paragraph1 is or was subject to a grant of deferred action pursuant to the ,department of ,homeland ,security memorandum entitled ,exercising ,prosecutorial ,discretion with ,respect to ,individuals ,who ,came to the ,united ,states as ,children issued on ,june #ae1 #bjab4 7,b7 ,prohibition ,the corporation may not condition purchase of a single-family residence mortgage by the corporation under this subsection on the status of the borrower as a ,,daca recipient4 4 7g7 ,freddie ,mac ,section #cje7;a7 of the ,federal ,home ,loan ,mortgage ,corporation ,act 7#ab ,u4,s4,c4 #aded7;a77 is amended by adding at the end the following3 7#f7 ,,daca recipient eligibility 7,a7 ,,daca recipient defined ,in this paragraph1 the term ,,daca recipient means a noncitizen who1 at any time before1 on1 or after the date of enactment of this paragraph1 is or was subject to a grant of deferred action pursuant to the ,department of ,homeland ,security memorandum entitled ,exercising ,prosecutorial ,discretion with ,respect to ,individuals ,who ,came to the ,united ,states as ,children issued on ,june #ae1 #bjab4 7,b7 ,prohibition ,the ,corporation may not condition purchase of a single-family residence mortgage by the ,corporation under this subsection on the status of the borrower as a ,,daca recipient4 4 7h7 ,technical and conforming amendment ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 as amended by section #aajb1 is further amended by inserting after the item relating to section #bde;,c the following3 ,sec4 #bde;,d4 ,adjustment of status for certain noncitizens who entered the ,united ,states as children4 4 #aajd4 ,the ,american ,promise ,act 7a7 ,adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure ,chapter #e of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee et seq471 as amended by section #aajc1 is further amended by inserting after section #bde;,d the following3 #bde;,e4 ,adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure 7a7 ,requirements ,notwithstanding any other provision of law1 the ,secretary may grant lawful permanent resident status to a noncitizen if the noncitizen-- 7#a7 satisfies the eligibility requirements set forth in section #bde;,g7b71 including all criminal and national security background checks and the payment of all applicable fees2 7#b7 submits an application pursuant to the procedures under section #bde;,g7b77#a72 7#c7 subject to section #bde;,g7b77#c77;,b77ii71 has been continuously physically present in the ,united ,states since ,january #a1 #bjag2 and 7#d7 7,a7 is a national of a foreign state 7or a part thereof71 or in the case of a noncitizen having no nationality1 is a person who last habitually resided in such foreign state1 with a designation under section #bdd7;b7 on ,january #a1 #bjag1 who had or was otherwise eligible for temporary protected status on such date notwithstanding subsections 7c77#a77;,a77iv7 and 7c77#c77;,c7 of that section2 or 7,b7 was eligible for deferred enforced departure as of ,january #a1 #bjag4 7b7 ,spouses and children ,the requirements of paragraphs 7#b7 through 7#d7 of subsection 7a7 shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all the requirements of subsection 7a74 4 7b7 ,clarification of inspection and admission under temporary protected status ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7#a7 in section #bdd7;f77#d7 7#h ,u4,s4,c4 #abed;a7f77#d771 by inserting as having been inspected and admitted to the ,united ,states after considered2 and 7#b7 in section #bde7;c7 7#h ,u4,s4,c4 #abee7;c771 in the matter preceding paragraph 7#a71 by inserting or a noncitizen granted temporary protected status under section #bdd after self-petitioner4 7c7 ,technical and conforming amendment ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 as amended by section #aajc1 is further amended by inserting after the item relating to section #bde;,d the following3 ,sec4 #bde;,e4 ,adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure4 4 #aaje4 ,the ,agricultural ,workers ,adjustment ,act 7a7 ,in general ,chapter #e of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee et seq471 as amended by section #aajd1 is further amended by inserting after section #bde;,e the following3 #bde;,f4 ,adjustment of status for agricultural workers 7a7 ,requirements ,notwithstanding any other provision of law1 the ,secretary may grant lawful permanent resident status to a noncitizen if-- 7#a7 the noncitizen satisfies the eligibility requirements set forth in section #bde;,g7b71 including all criminal and national security background checks and the payment of all applicable fees2 and 7#b7 submits an application pursuant to the procedures under section #bde;,g7b77#a72 and 7#c7 the ,secretary determines that1 during the #e-year period immediately preceding the date on which the noncitizen submits an application under this section1 the noncitizen performed agricultural labor or services for at least #b1cjj hours or #djj work days4 7b7 ,spouses and children ,the requirements of paragraph 7#c7 of subsection 7a7 shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all the requirements of that subsection4 7c7 ,agricultural labor or services defined ,in this section1 the term agricultural labor or services means-- 7#a7 agricultural labor or services 7within the meaning of the term in section #aja7;a77#ae77;,h77ii771 without regard to whether the labor or services are of a seasonal or temporary nature2 and 7#b7 agricultural employment 7as defined in section #c of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahjb771 without regard to whether the specific service or activity is temporary or seasonal4 4 7b7 ,technical and conforming amendment ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 as amended by section #aajd1 is further amended by inserting after the item relating to section #bde;,e the following3 ,sec4 #bde;,f4 ,adjustment of status for agricultural workers4 4 #aajf4 ,general provisions relating to adjustment of status 7a7 ,in general ,chapter #e of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee et seq471 as amended by section #aaje1 is further amended by inserting after section #bde;,e the following3 #bde;,g4 ,general provisions relating to adjustment of status 7a7 ,applicability ,unless otherwise specified1 the provisions of this section shall apply to sections #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 and #bde;,f4 7b7 ,common eligibility requirements for applications under sections #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 and #bde;,f ,unless otherwise specified1 a noncitizen applying for status under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f shall satisfy the following requirements3 7#a7 ,submittal of application ,the noncitizen shall submit a completed application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary shall require4 7#b7 ,payment of fees 7,a7 ,in general ,a noncitizen who is #ah years of age or older shall pay to the ,department of ,homeland ,security a processing fee in an amount determined by the ,secretary4 7,b7 ,recovery of costs ,the processing fee referred to in subparagraph 7,a7 shall be set at a level sufficient to recover the cost of processing the application4 7,c7 ,authority to limit fees ,the ,secretary may-- 7i7 limit the maximum processing fee payable under this paragraph by a family2 and 7ii7 for good cause1 exempt individual applicants or defined classes of applicants from the requirement to pay fees under this paragraph4 7,d7 ,deposit ,fees collected under this paragraph shall be deposited into the ,immigration ,examinations ,fee ,account pursuant to section #bhf7m74 7#c7 ,physical presence 7,a7 ,date of submittal of application ,the noncitizen shall be physically present in the ,united ,states on the date on which the application is submitted4 7,b7 ,continuous physical presence 7i7 ,in general ,except as provided in clause 7ii71 the noncitizen shall have been continuously physically present in the ,united ,states beginning on ,january #a1 #bjba1 and ending on the date on which the application is approved4 7ii7 ,exceptions 7,i7 ,authorized absence ,a noncitizen who departed temporarily from the ,united ,states shall not be considered to have failed to maintain continuous physical presence in the ,united ,states during any period of travel that was authorized by the ,secretary4 7,,ii7 ,brief1 casual1 and innocent absences 7aa7 ,in general ,a noncitizen who departed temporarily from the ,united ,states shall not be considered to have failed to maintain continuous physical presence in the ,united ,states if the noncitizen's absences from the ,united ,states are brief1 casual1 and innocent1 whether or not such absences were authorized by the ,secretary4 7bb7 ,absences more than #ahj days ,for purposes of this clause1 an absence of more than #ahj days1 in the aggregate1 during a calendar year shall not be considered brief1 unless the ,secretary finds that the length of the absence was due to circumstances beyond the noncitizen's control1 including the serious illness of the noncitizen1 death or serious illness of a spouse1 parent1 grandparent1 grandchild1 sibling1 son1 or daughter of the noncitizen1 or due to international travel restrictions4 7iii7 ,effect of notice to appear ,issuance of a notice to appear under section #bci7;a7 shall not be considered to interrupt the continuity of a noncitizen's continuous physical presence in the ,united ,states4 7#d7 ,waiver for noncitizens previously removed 7,a7 ,in general ,with respect to a noncitizen who was removed from or who departed the ,united ,states on or after ,january #bj1 #bjag1 and who was continuously physically present in the ,united ,states for not fewer than #c years immediately preceding the date on which the noncitizen was removed or departed1 the ,secretary may waive1 for humanitarian purposes1 to ensure family unity1 or if such a waiver is otherwise in the public interest1 the application of-- 7i7 paragraph 7#c77;,a72 and 7ii7 in the case of an applicant for lawful prospective immigrant status under section #bde;,b1 if the applicant has not reentered the ,united ,states unlawfully after ,january #a1 #bjba1 subsection 7c77#c74 7,b7 ,application procedure ,the ,secretary1 in consultation with the ,secretary of ,state1 shall establish a procedure by which a noncitizen1 while outside the ,united ,states1 may apply for status under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f1 as applicable1 if the noncitizen would have been eligible for such status but for the noncitizen's removal or departure4 7c7 ,grounds for ineligibility 7#a7 ,certain grounds of inadmissibility 7,a7 ,in general ,subject to subparagraph 7,b71 a noncitizen shall be ineligible for status under sections #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 and #bde;,f if the noncitizen-- 7i7 is inadmissible under paragraph 7#b71 7#c71 7#f77;,e71 7#h71 7#aj77;,c71 or 7#aj77;,e7 of section #bab7;a72 7ii7 has been convicted of a felony offense 7excluding any offense under ,state law for which an essential element in the noncitizen's immigration status72 or 7iii7 has been convicted of #c or more misdemeanor offenses 7excluding simple possession of cannabis or cannabis-related paraphernalia1 any offense involving cannabis or cannabis-related paraphernalia that is no longer prosecutable in the ,state in which the conviction was entered1 any offense under ,state law for which an essential element is the noncitizen's immigration status1 any offense involving civil disobedience without violence1 and any minor traffic offense7 not occurring on the same date1 and not arising out of the same act1 omission1 or scheme of misconduct4 7,b7 ,waivers 7i7 ,in general ,for purposes of subparagraph 7,a71 the ,secretary may1 for humanitarian purposes1 family unity1 or if otherwise in the public interest-- 7,i7 waive inadmissibility under-- 7aa7 subparagraphs 7,a71 7,c71 and 7,d7 of section #bab7;a77#b72 and 7bb7 paragraphs 7#f77;,e71 7#h71 7#aj77;,c71 and 7#aj77;,e7 of such section2 7,,ii7 waive ineligibility under subparagraph 7,a77ii7 7excluding offenses described in section #aja7;a77#dc77;,a77 or inadmissibility under subparagraph 7,b7 of section #bab7;a77#b7 if the noncitizen has not been convicted of any offense during the #aj-year period preceding the date on which the noncitizen applies for status under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f1 as applicable2 and 7,,iii7 for purposes of subparagraph 7,a77iii71 waive consideration of-- 7aa7 #a misdemeanor offense if1 during the #e-year period preceding the date on which the noncitizen applies for status under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f1 as applicable1 the noncitizen has not been convicted of any offense2 or 7bb7 #b misdemeanor offenses if1 during the #aj-year period preceding such date1 the noncitizen has not been convicted of any offense4 7ii7 ,considerations ,in making a determination under subparagraph 7,b71 the ,secretary of ,homeland ,security or the ,attorney ,general shall consider all mitigating and aggravating factors1 including-- 7,i7 the severity of the underlying circumstances1 conduct1 or violation2 7,,ii7 the duration of the noncitizen's residence in the ,united ,states2 7,,iii7 evidence of rehabilitation1 if applicable2 and 7,,iv7 the extent to which the noncitizen's removal1 or the denial of the noncitizen's application1 would adversely affect the noncitizen or the noncitizen's ,united ,states citizen or lawful permanent resident family members4 7#b7 ,noncitizens in certain immigration statuses 7,a7 ,in general ,a noncitizen shall be ineligible for status under sections #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 and #bde;,f if on ,january #a1 #bjba1 the noncitizen was any of the following3 7i7 ,a lawful permanent resident4 7ii7 ,a noncitizen admitted as a refugee under section #bjg or granted asylum under section #bjh4 7iii7 ,a noncitizen who1 according to the records of the ,secretary or the ,secretary of ,state1 is in a period of authorized stay in a nonimmigrant status described in section #aja7;a77#ae77;,a71 other than-- 7,i7 a spouse or a child of a noncitizen eligible for status under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f2 7,,ii7 a noncitizen considered to be in a nonimmigrant status solely by reason of section #gjb of the ,consolidated ,natural ,resources ,act of #bjjh 7,public ,law #aaj-bbi2 #abb ,stat4 #hed7 or section #bdd7;f77#d7 of this ,act2 7,,iii7 a nonimmigrant described in section #aja7;a77#ae77;,h77ii77a72 and 7,,iv7 a noncitizen who has engaged in essential critical infrastructure labor or services1 as described in the ,advisory ,memorandum on ,identification of ,essential ,critical ,infrastructure ,workers ,during ,,covid-#ai ,response 7as revised by the ,department of ,homeland ,security7 during the period described in subparagraph 7,b74 7iv7 ,a noncitizen paroled into the ,commonwealth of the ,northern ,mariana ,islands or ,guam who did not reside in the ,commonwealth or ,guam on ,november #bh1 #bjji4 7,b7 ,period described ,the period described in this subparagraph is the period that-- 7i7 begins on the first day of the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 with respect to ,,covid-#ai2 and 7ii7 ends on the date that is #ij days after the date on which such public health emergency terminates4 7#c7 ,certain noncitizens outside the ,united ,states and unlawful reentrants ,a noncitizen shall be ineligible for status under sections #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 and #bde;,f if the noncitizen-- 7,a7 departed the ,united ,states while subject to an order of exclusion1 deportation1 removal1 or voluntary departure2 and 7,b7 7i7 was outside the ,united ,states on ,january #a1 #bjba2 or 7ii7 reentered the ,united ,states unlawfully after ,january #a1 #bjba4 7d7 ,submission of biometric and biographic data2 background checks 7#a7 ,in general ,the ,secretary may not grant a noncitizen status under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f unless the noncitizen submits biometric and biographic data1 in accordance with procedures established by the ,secretary4 7#b7 ,alternative procedure ,the ,secretary shall provide an alternative procedure for noncitizens who are unable to provide such biometric or biographic data due to a physical impairment4 7#c7 ,background checks 7,a7 ,in general ,the ,secretary shall use biometric and biographic data-- 7i7 to conduct security and law enforcement background checks2 and 7ii7 to determine whether there is any criminal1 national security1 or other factor that would render the noncitizen ineligible for status under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f1 as applicable4 7,b7 ,completion required ,a noncitizen may not be granted status under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f unless security and law enforcement background checks are completed to the satisfaction of the ,secretary4 7e7 ,eligibility for other statuses 7#a7 ,in general ,a noncitizen's eligibility for status under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f shall not preclude the noncitizen from seeking any status under any other provision of law for which the noncitizen may otherwise be eligible4 7#b7 ,inapplicability of other provisions ,section #bjh7;d77#f7 shall not apply to any noncitizen who submits an application under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f4 7f7 ,exemption from numerical limitation ,nothing in this section or section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f or in any other law may be construed-- 7#a7 to limit the number of noncitizens who may be granted status under sections #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 and #bde;,f2 or 7#b7 to count against any other numerical limitation under this ,act4 7g7 ,procedures 7#a7 ,opportunity to apply and limitation on removal ,a noncitizen who appears to be prima facie eligible for status under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f shall be given a reasonable opportunity to apply for such adjustment of status and1 if the noncitizen applies within a reasonable period1 the noncitizen shall not be removed before-- 7,a7 the ,secretary has issued a final decision denying relief2 7,b7 a final order of removal has been issued2 and 7,c7 the decision of the ,secretary is upheld by a court1 or the time for initiating judicial review under section #bdb has expired1 unless the order of removal is based on criminal or national security grounds1 in which case removal does not affect the noncitizen's right to judicial review4 7#b7 ,spouses and children 7,a7 ,family application ,the ,secretary shall establish a process by which a principal applicant and his or her spouse and children may file a single combined application under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f1 including a petition to classify the spouse and children as the spouse and children of the principal applicant4 7,b7 ,effect of termination of legal relationship or domestic violence ,if the spousal or parental relationship between a noncitizen granted lawful prospective immigrant status or lawful permanent resident status under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f and the noncitizen's spouse or child is terminated by death1 divorce1 or annulment1 or the spouse or child has been battered or subjected to extreme cruelty by the noncitizen 7regardless of whether the legal relationship terminates71 the spouse or child may apply independently for lawful prospective immigrant status or lawful permanent resident status if he or she is otherwise eligible4 7,c7 ,effect of denial of application or revocation of status ,if the application of a noncitizen for status under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f is denied1 or his or her status is revoked1 the spouse or child of such noncitizen shall remain eligible to apply independently for status under the applicable section4 7#c7 ,adjudication 7,a7 ,in general ,the ,secretary shall evaluate each application submitted under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f to determine whether the applicant meets the applicable requirements4 7,b7 ,adjustment of status if favorable determination ,if the ,secretary determines that a noncitizen meets the requirements of section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f1 as applicable1 the ,secretary shall-- 7i7 notify the noncitizen of such determination2 and 7ii7 adjust the status of the noncitizen to that of lawful prospective immigrant or lawful permanent resident1 as applicable1 effective as of the date of such determination4 7,c7 ,documentary evidence of status 7i7 ,in general ,the ,secretary shall issue documentary evidence of lawful prospective immigrant status or lawful permanent resident status1 as applicable1 to each noncitizen whose application for such status has been approved4 7ii7 ,elements ,documentary evidence issued under clause 7i7 shall-- 7,i7 be machine-readable and tamper-resistant2 7,,ii7 contain a digitized photograph of the noncitizen2 7,,iii7 during the noncitizen's authorized period of admission1 serve as a valid travel and entry document2 and 7,,iv7 include such other features and information as the ,secretary may prescribe4 7iii7 ,employment authorization ,documentary evidence issued under clause 7i7 shall be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section #bgd;,a7b77#a77;,b72 and 7,d7 ,adverse determination ,if the ,secretary determines that the noncitizen does not meet the requirements for the status for which the noncitizen applied1 the ,secretary shall notify the noncitizen of such determination4 7,e7 ,withdrawal of application 7i7 ,in general ,on receipt of a request to withdraw an application under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f1 the ,secretary shall cease processing of the application and close the case4 7ii7 ,effect of withdrawal ,withdrawal of such an application shall not prejudice any future application filed by the applicant for any immigration benefit under this ,act4 7,f7 ,document requirements 7i7 ,establishing identity ,a noncitizen's application for status under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f may include1 as evidence of identity1 the following3 7,i7 ,a passport or national identity document from the noncitizen's country of origin that includes the noncitizen's name and the noncitizen's photograph or fingerprint4 7,,ii7 ,the noncitizen's birth certificate and an identity card that includes the noncitizen's name and photograph4 7,,iii7 ,a school identification card that includes the noncitizen's name and photograph1 and school records showing the noncitizen's name and that the noncitizen is or was enrolled at the school4 7,,iv7 ,a uniformed services identification card issued by the ,department of ,defense4 7,v7 ,any immigration or other document issued by the ,united ,states ,government bearing the noncitizen's name and photograph4 7,,vi7 ,a ,state-issued identification card bearing the noncitizen's name and photograph4 7,,vii7 ,any other evidence that the ,secretary determines to be credible4 7ii7 ,documents establishing continuous physical presence ,evidence that the noncitizen has been continuously physically present in the ,united ,states may include the following3 7,i7 ,passport entries1 including admission stamps on the noncitizen's passport4 7,,ii7 ,any document from the ,department of ,justice or the ,department of ,homeland ,security noting the noncitizen's date of entry into the ,united ,states4 7,,iii7 ,records from any educational institution the noncitizen has attended in the ,united ,states4 7,,iv7 ,employment records of the noncitizen that include the employer's name and contact information4 7,v7 ,records of service from the uniformed services4 7,,vi7 ,official records from a religious entity confirming the noncitizen's participation in a religious ceremony4 7,,vii7 ,a birth certificate for a child who was born in the ,united ,states4 7,,viii7 ,hospital or medical records showing medical treatment or hospitalization1 the name of the medical facility or physician1 and the date of the treatment or hospitalization4 7,,ix7 ,automobile license receipts or registration4 7,x7 ,deeds1 mortgages1 or rental agreement contracts4 7,,xi7 ,rent receipts or utility bills bearing the noncitizen's name or the name of an immediate family member of the noncitizen1 and the noncitizen's address4 7,,xii7 ,tax receipts4 7,,xiii7 ,insurance policies4 7,,xiv7 ,remittance records1 including copies of money order receipts sent in or out of the country4 7,,xv7 ,travel records1 including online or hardcopy airplane1 bus and train tickets1 itineraries1 and hotel or hostel receipts4 7,,xvi7 ,dated bank transactions4 7,,xvii7 ,sworn affidavits from at least two individuals who are not related to the noncitizen who have direct knowledge of the noncitizen's continuous physical presence in the ,united ,states1 that contain-- 7aa7 the name1 address1 and telephone number of the affiant2 and 7bb7 the nature and duration of the relationship between the affiant and the noncitizen4 7,,xviii7 ,any other evidence determined to be credible4 7iii7 ,documents establishing exemption from application fees ,the ,secretary shall set forth1 by regulation1 the documents that may be used as evidence that a noncitizen's application for status under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f is exempt from an application fee under subsection 7b77#b74 7iv7 ,authority to prohibit use of certain documents ,if the ,secretary determines1 after publication in the ,federal ,register and an opportunity for public comment1 that any document or class of documents does not reliably establish identity1 or that any document or class of documents is frequently being used to obtain relief under this section and is being obtained fraudulently to an unacceptable degree1 the ,secretary may prohibit or restrict the use of such document or class of documents4 7,g7 ,sufficiency of the evidence 7i7 ,failure to submit sufficient evidence ,the ,secretary may deny an application under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f submitted by a noncitizen who fails to submit requested initial evidence1 including requested biometric data1 or any requested additional evidence1 by the date required by the ,secretary4 7ii7 ,amended application ,a noncitizen whose application is denied under clause 7i7 may1 without an additional fee1 submit to the ,secretary an amended application or supplement the existing application if the amended or supplemented application contains the required information and any fee that was missing from the initial application4 7iii7 ,fulfillment of eligibility requirements ,except as provided in clause 7i71 an application-- 7,i7 may not be denied for failure to submit particular evidence2 and 7,,ii7 may only be denied on evidentiary grounds if the evidence submitted is not credible or otherwise fails to establish eligibility4 7iv7 ,authority to determine probity of evidence ,the ,secretary may determine-- 7,i7 whether evidence is credible2 and 7,,ii7 the weight to be given the evidence4 7#d7 ,revocation 7,a7 ,in general ,if the ,secretary determines that a noncitizen fraudulently obtained status under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f1 the ,secretary may revoke such status at any time after-- 7i7 providing appropriate notice to the noncitizen2 7ii7 providing the noncitizen an opportunity to respond2 and 7iii7 the exhaustion or waiver of all applicable administrative review procedures under paragraph 7#f74 7,b7 ,additional evidence ,in determining whether to revoke a noncitizen's status under subparagraph 7,a71 the ,secretary may require the noncitizen-- 7i7 to submit additional evidence2 or 7ii7 to appear for an interview4 7,c7 ,invalidation of documentation ,if a noncitizen's status is revoked under subparagraph 7,a71 any documentation issued by the ,secretary to the noncitizen under paragraph 7#c77;,c7 shall automatically be rendered invalid for any purpose except for departure from the ,united ,states4 7#e7 ,administrative review 7,a7 ,exclusive administrative review ,administrative review of a determination with respect to an application for status under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f shall be conducted solely in accordance with this paragraph4 7,b7 ,administrative appellate review 7i7 ,establishment of administrative appellate authority ,the ,secretary shall establish or designate an appellate authority to provide for a single level of administrative appellate review of denials of applications or petitions submitted1 and revocations of status1 under sections #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 and #bde;,f4 7ii7 ,single appeal for each administrative decision ,a noncitizen in the ,united ,states whose application for status under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f has been denied or whose status under any such section has been revoked may submit to the ,secretary not more than #a appeal of each such decision4 7iii7 ,notice of appeal ,a notice of appeal under this paragraph shall be submitted not later than #ij days after the date of service of the denial or revocation1 unless a delay beyond the #ij-;day period is reasonably justifiable4 7iv7 ,review by ,secretary ,nothing in this paragraph may be construed to limit the authority of the ,secretary to certify appeals for review and final decision4 7v7 ,denial of petitions for spouses and children ,a decision to deny1 or revoke approval of1 a petition submitted by a noncitizen to classify a spouse or child of the noncitizen as the spouse or child of a noncitizen for purposes of section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f may be appealed under this paragraph4 7,c7 ,stay of removal ,noncitizens seeking administrative review of a denial1 or revocation of approval1 of an application for status under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f shall not be removed from the ,united ,states before a final decision is rendered establishing ineligibility for such status4 7,d7 ,record for review ,administrative appellate review under this paragraph shall be de novo and based solely upon-- 7i7 the administrative record established at the time of the determination on the application2 and 7ii7 any additional newly discovered or previously unavailable evidence4 7#f7 ,judicial review ,judicial review of decisions denying1 or revoking approval of1 applications or petitions under sections #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 and #bde;,f shall be governed by section #bdb4 7#g7 ,effects while applications are pending ,during the period beginning on the date on which a noncitizen applies for status under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f and ending on the date on which the ,secretary makes a final decision on such application-- 7,a7 notwithstanding section #bab7;d77#e77;,a71 the ,secretary shall have the discretion to grant advance parole to the noncitizen2 7,b7 the noncitizen shall not be considered an unauthorized noncitizen 7as defined in section #bgd;,a7h77#c774 7#h7 ,employment 7,a7 ,receipt of application ,as soon as practicable after receiving an application for status under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f1 the ,secretary shall provide the applicant with a document acknowledging receipt of such application4 7,b7 ,employment authorization ,a document issued under subparagraph 7,a7 shall-- 7i7 serve as interim proof of the noncitizen's authorization to accept employment in the ,united ,states2 and 7ii7 be accepted by an employer as evidence of employment authorization under section #bgd;,a7b77#a77;,c7 pending a final decision on the application4 7,c7 ,employer protection ,an employer who knows that a noncitizen employee is an applicant for status under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f or intends to apply for any such status1 and who continues to employ the noncitizen pending a final decision on the noncitizen employee's application1 shall not be considered to be in violation of section #bgd;,a7a77#b7 for hiring1 employment1 or continued employment of the noncitizen4 7#i7 ,information privacy 7,a7 ,in general ,except as provided in subparagraph 7,b71 no officer or employee of the ,united ,states may-- 7i7 use the information provided by a noncitizen pursuant to an application submitted under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f to initiate removal proceedings against any person identified in the application2 7ii7 make any publication whereby the information provided by any particular individual pursuant to such an application may be identified2 or 7iii7 permit any individual other than an officer or employee of the ,federal agency to which such an application is submitted to examine the application4 7,b7 ,required disclosure ,notwithstanding subparagraph 7,a71 the ,attorney ,general or the ,secretary shall provide the information provided in an application under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f1 and any other information derived from such information1 to-- 7i7 a duly recognized law enforcement entity in connection with an investigation or prosecution of an offense described in paragraph 7#b7 or 7#c7 of section #bab7;a71 if such information is requested in writing by such entity2 or 7ii7 an official coroner for purposes of affirmatively identifying a deceased individual 7whether or not such individual is deceased as a result of a crime74 7,c7 ,penalty ,whoever knowingly uses1 publishes1 or permits information to be examined in violation of this section shall be fined not more than #ej1jjj4 7,d7 ,safeguards ,the ,secretary shall require appropriate administrative and physical safeguards to protect against disclosure and uses of information that violate this paragraph4 7,e7 ,annual assessment ,not less frequently than annually1 the ,secretary shall conduct an assessment that1 for the preceding calendar year-- 7i7 analyzes the effectiveness of the safeguards under subparagraph 7,d72 7ii7 determines the number of authorized disclosures made2 and 7iii7 determines the number of disclosures prohibited by subparagraph 7,a7 made4 7#aj7 ,language assistance ,the ,secretary1 in consultation with the ,attorney ,general1 shall make available forms and accompanying instructions in the most common languages spoken in the ,united ,states1 as determined by the ,secretary4 7#aa7 ,reasonable accommodations ,the ,secretary shall develop a plan for providing reasonable accommodation1 consistent with applicable law1 to applicants for status under sections #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 and #bde;,f with disabilities 7as defined in section #c7a7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb7a7774 7h7 ,definitions ,in this section and sections #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 and #bde;,f3 7#a7 ,final decision ,the term final decision means a decision or an order issued by the ,secretary under this section after the period for requesting administrative review under subsection 7g77#e7 has expired or the challenged decision was affirmed after such administrative review4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#c7 ,uniformed services ,the term uniformed services has the meaning given the term in section #aja7;a7 of title #aj1 ,united ,states ,code4 4 7b7 ,rulemaking 7#a7 ,rules implementing sections #bde;,b1 #bde;,d1 #bde;,e1 #bde;,f1 and #bde;,g 7,a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall issue interim final rules1 published in the ,federal ,register1 implementing sections #bde;,b1 #bde;,d1 #bde;,e1 #bde;,f1 and #bde;,g of the ,immigration and ,nationality ,act1 as added by this subtitle4 7,b7 ,effective date ,notwithstanding section #eec of title #e1 ,united ,states ,code1 the rules issued under this paragraph shall be effective1 on an interim basis1 immediately upon publication1 but may be subject to change and revision after public notice and opportunity for a period of public comment4 7,c7 ,final rules ,not later than #ahj days after the date of publication under subparagraph 7,b71 the ,secretary shall finalize the interim rules4 7#b7 ,rules implementing section #bde;,c ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall issue a final rule implementing section #bde;,c of the ,immigration and ,nationality ,act1 as added by this subtitle4 7#c7 ,requirement ,the rules issued under this subsection shall prescribe the evidence required to demonstrate eligibility for status under sections #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 and #bde;,f of the ,immigration and ,nationality ,act1 as added by this subtitle1 or otherwise required to apply for status under such sections4 7c7 ,paperwork ,reduction ,act ,the requirements under chapter #ce of title #dd1 ,united ,states ,code 7commonly known as the ,paperwork ,reduction ,act71 shall not apply to any action to implement this title4 7d7 ,technical and conforming amendment ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 as amended by section #aaje1 is further amended by inserting after the item relating to section #bde;,f the following3 ,sec4 #bde;,g4 ,general provisions relating to adjustment of status4 4 ,b ,other reforms #abja4 ,v nonimmigrant visas 7a7 ,nonimmigrant eligibility ,section #aja7;a77#ae77,v7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,v77 is amended to read as follows3 7,v7 subject to section #bad7q77#a71 a noncitizen who is the beneficiary of an approved petition under section #bjc7;a7 or #bde;,b4 4 7b7 ,employment and period of admission of nonimmigrants described in section #aja7;a77#ae77,v7 ,section #bad7q77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7q77#a77 is amended to read as follows3 7q7 ,nonimmigrants described in section #aja7;a77#ae77,v7 7#a7 ,certain sons and daughters 7,a7 ,employment authorization ,the ,secretary shall-- 7i7 authorize a nonimmigrant admitted pursuant to section #aja7;a77#ae77,v7 to engage in employment in the ,united ,states during the period of such nonimmigrant's authorized admission2 and 7ii7 provide the nonimmigrant with an employment authorized endorsement or other appropriate document signifying authorization of employment4 7,b7 ,termination of admission ,the period of authorized admission for a nonimmigrant admitted pursuant to section #aja7;a77#ae77,v7 shall terminate #cj days after the date on which-- 7i7 the nonimmigrant's application for an immigrant visa pursuant to the approval of a petition under section #bjc7;a7 is denied2 or 7ii7 the nonimmigrant's application for adjustment of status under section #bde1 #bde;,b1 or #bde;,c pursuant to the approval of such a petition is denied4 7,c7 ,public benefits 7i7 ,in general ,a noncitizen who is lawfully present in the ,united ,states pursuant to section #aja7;a77#ae77,v7 is not eligible for any means-tested public benefits 7as such term is defined and implemented in section #djc of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac774 7ii7 ,health care coverage ,a noncitizen admitted under section #aja7;a77#ae77,v7-- 7iii7 is not entitled to the premium assistance tax credit authorized under section #cf;,b of the ,internal ,revenue ,code of #aihf for his or her health insurance coverage2 7iv7 shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection 7e7 of such section2 7v7 shall be subject to the rules applicable to individuals not lawfully present set forth in section #adjb7;e7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjga7;e772 and 7vi7 shall be subject to the rules applicable to individuals not lawfully present set forth in section #ejjj;,a7d77#c7 of the ,internal ,revenue ,code of #aihf4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this ,act4 #abjb4 ,expungement and sentencing 7a7 ,definition of conviction ,section #aja7;a77#dh7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dh77 is amended to read as follows3 7#dh7 7,a7 ,the term conviction means1 with respect to a noncitizen1 a formal judgment of guilt of the noncitizen entered by a court4 7,b7 ,the following may not be considered a conviction for purposes of this ,act3 7i7 ,an adjudication or judgment of guilt that has been dismissed1 expunged1 deferred1 annulled1 invalidated1 withheld1 or vacated4 7ii7 ,any adjudication in which the court has issued-- 7,i7 a judicial recommendation against removal2 7,,ii7 an order of probation without entry of judgment2 or 7,,iii7 any similar disposition4 7iii7 ,a judgment that is on appeal or is within the time to file direct appeal4 7,c7 7i7 ,unless otherwise provided1 with respect to an offense1 any reference to a term of imprisonment or a sentence is considered to include only the period of incarceration ordered by a court4 7ii7 ,any such reference shall be considered to exclude any portion of a sentence of which the imposition or execution was suspended4 4 7b7 ,judicial recommendation against removal ,the grounds of inadmissibility and deportability under sections #bab7;a77#b7 and #bcg7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b7 and #abbg7;a77#b77 shall not apply to a noncitizen with a criminal conviction if1 not later than #ahj days after the date on which the noncitizen is sentenced1 and after having provided notice and an opportunity to respond to representatives of the ,state concerned1 the ,secretary1 and prosecuting authorities1 the sentencing court issues a recommendation to the ,secretary that the noncitizen not be removed on the basis of the conviction4 #abjc4 ,petty offenses ,section #bab7;a77#b77;,a77ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77;,a77ii77 is amended-- 7#a7 in the matter preceding subclause 7,i71 by striking to a noncitizen who committed only one crime2 7#b7 in subclause 7,i71 by inserting the noncitizen committed only one crime1 before the crime was committed when2 and 7#c7 by amending subclause 7,,ii7 to read as follows3 7,,ii7 the noncitizen committed not more than #b crimes1 the maximum penalty possible for each crime of which the noncitizen was convicted 7or which the noncitizen admits having committed or of which the acts that the noncitizen admits having committed constituted the essential elements7 did not exceed imprisonment for #a year and1 if the noncitizen was convicted of either crime1 the noncitizen was not sentenced to terms of imprisonment with respective sentences imposed in excess of #ahj days 7regardless of the extent to which either sentence was ultimately executed74 4 #abjd4 ,restoring fairness to adjudications 7a7 ,waiver of grounds of inadmissibility ,section #bab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7 is amended by inserting after subsection 7b7 the following3 7c7 ,humanitarian1 family unity1 and public interest waiver 7#a7 ,in general ,notwithstanding any other provision of law1 except section #bde;,g7c77#a77;,b71 the ,secretary of ,homeland ,security or the ,attorney ,general may waive the operation of any #a or more grounds of inadmissibility under this section 7excluding inadmissibility under subsection 7a77#c77 for any purpose1 including eligibility for relief from removal-- 7,a7 for humanitarian purposes2 7,b7 to ensure family unity2 or 7,c7 if a waiver is otherwise in the public interest4 7#b7 ,considerations ,in making a determination under paragraph 7#a71 the ,secretary of ,homeland ,security or the ,attorney ,general shall consider all mitigating and aggravating factors1 including-- 7,a7 the severity of the underlying circumstances1 conduct1 or violation2 7,b7 the duration of the noncitizen's residence in the ,united ,states2 7,c7 evidence of rehabilitation1 if applicable2 and 7,d7 the extent to which the noncitizen's removal1 or the denial of the noncitizen's application1 would adversely affect the noncitizen or the noncitizen's ,united ,states citizen or lawful permanent resident family members4 4 7b7 ,waiver of grounds of deportability ,section #bcg7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77 is amended by adding at the end the following3 7#h7 ,humanitarian1 family unity1 and public interest waiver 7,a7 ,in general ,notwithstanding any other provision of law1 except section #bde;,g7c77#a77;,b71 the ,secretary of ,homeland ,security or the ,attorney ,general may waive the operation of any #a or more grounds of deportability under this subsection 7excluding deportability under paragraph 7#b77;,a77iii7 based on a conviction described in section #aja7;a77#dc77;,a7 and deportability under paragraph 7#d77 for any purpose1 including eligibility for relief from removal-- 7i7 for humanitarian purposes2 7ii7 to ensure family unity2 or 7iii7 if a waiver is otherwise in the public interest4 7,b7 ,considerations ,in making a determination under subparagraph 7,a71 the ,secretary of ,homeland ,security or the ,attorney ,general shall consider all mitigating and aggravating factors1 including-- 7i7 the severity of the underlying circumstances1 conduct1 or violation2 7ii7 the duration of the noncitizen's residence in the ,united ,states2 7iii7 evidence of rehabilitation1 if applicable2 and 7iv7 the extent to which the noncitizen's removal1 or the denial of the noncitizen's application1 would adversely affect the noncitizen or the noncitizen's ,united ,states citizen or lawful permanent resident family members4 4 #abje4 ,judicial review ,section #bdb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeb7 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 in subparagraph 7,b71 by inserting the exercise of discretion arising under after no court shall have jurisdiction to review2 7,b7 in subparagraph 7,c71 by inserting and subsection 7h7 after subparagraph 7,d72 and 7,c7 by amending subparagraph 7,d7 to read as follows3 7,d7 ,judicial review of certain legal claims ,nothing in subparagraph 7,b7 or 7,c71 or in any other provision of this ,act that limits or eliminates judicial review1 shall be construed as precluding review of constitutional claims or questions of law4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b71 in the first sentence1 by inserting or1 in the case of a decision governed by section #bde;,g7g77#f71 in the judicial circuit in which the petitioner resides after proceedings2 and 7,b7 in paragraph 7#i71 by striking the first sentence and inserting the following3 ,except as otherwise provided in this section1 judicial review of a determination respecting a removal order shall be available only in judicial review of a final order under this section4 2 7#c7 in subsection 7f7-- 7,a7 in paragraph 7#a71 by striking or restrain the operation of 2 and 7,b7 in paragraph 7#b71 by adding after all administrative and judicial review available to the noncitizen is complete before unless2 and 7#d7 by adding at the end the following3 7h7 ,judicial review of eligibility determinations relating to status under chapter #e 7#a7 ,direct review ,if a noncitizen's application under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f is denied1 or the approval of such application is revoked1 after the exhaustion of administrative appellate review under section #bde;,g7g77#e71 the noncitizen may seek review of such decision1 in accordance with chapter #g of title #e1 ,united ,states ,code1 in the district court of the ,united ,states in which the noncitizen resides4 7#b7 ,status during review ,during the period in which a review described in paragraph 7#a7 is pending-- 7,a7 any unexpired grant of voluntary departure under section #bdj;,b shall be tolled2 and 7,b7 any order of exclusion1 deportation1 or removal shall automatically be stayed unless the court1 in its discretion1 orders otherwise4 7#c7 ,review after removal proceedings ,a noncitizen may seek judicial review of a denial or revocation of approval of the noncitizen's application under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f in the appropriate court of appeals of the ,united ,states in conjunction with the judicial review of an order of removal1 deportation1 or exclusion if the validity of the denial or revocation has not been upheld in a prior judicial proceeding under paragraph 7#a74 7#d7 ,standard for judicial review 7,a7 ,basis ,judicial review of a denial or revocation of approval of an application under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f shall be based upon the administrative record established at the time of the review4 7,b7 ,authority to remand ,the reviewing court may remand a case under this subsection to the ,secretary of ,homeland ,security 7referred to in this subsection as the ,secretary7 for consideration of additional evidence if the court finds that-- 7i7 the additional evidence is material2 and 7ii7 there were reasonable grounds for failure to adduce the additional evidence before the ,secretary4 7,c7 ,scope of review ,notwithstanding any other provision of law1 judicial review of all questions arising from a denial or revocation of approval of an application under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f shall be governed by the standard of review set forth in section #gjf of title #e1 ,united ,states ,code4 7#e7 ,remedial powers 7,a7 ,jurisdiction ,notwithstanding any other provision of law1 the district courts of the ,united ,states shall have jurisdiction over any cause or claim arising from a pattern or practice of the ,secretary in the operation or implementation of section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 #bde;,f1 or #bde;,g that is arbitrary1 capricious1 or otherwise contrary to law4 7,b7 ,scope of relief ,the district courts of the ,united ,states may order any appropriate relief in a cause or claim described in subparagraph 7,a7 without regard to exhaustion1 ripeness1 or other standing requirements 7other than constitutionally mandated requirements71 if the court determines that-- 7i7 the resolution of such cause or claim will serve judicial and administrative efficiency2 or 7ii7 a remedy would otherwise not be reasonably available or practicable4 7#f7 ,challenges to the validity of the system 7,a7 ,in general ,except as provided in paragraph 7#e71 any claim that section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 #bde;,f1 or #bde;,g1 or any regulation1 written policy1 written directive1 or issued or unwritten policy or practice initiated by or under the authority of the ,secretary to implement such sections1 violates the ,constitution of the ,united ,states or is otherwise in violation of law is available in an action instituted in a district court of the ,united ,states in accordance with the procedures prescribed in this paragraph4 7,b7 ,savings provision ,except as provided in subparagraph 7,c71 nothing in subparagraph 7,a7 may be construed to preclude an applicant under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f from asserting that an action taken or a decision made by the ,secretary with respect to the applicant's status was contrary to law4 7,c7 ,class actions ,any claim described in subparagraph 7,a7 that is brought as a class action shall be brought in conformity with-- 7i7 the ,class ,action ,fairness ,act of #bjje 7,public ,law #aji-b2 #aai ,stat4 #d72 and 7ii7 the ,federal ,rules of ,civil ,procedure4 7,d7 ,preclusive effect ,the final disposition of any claim brought under subparagraph 7,a7 shall be preclusive of any such claim asserted by the same individual in a subsequent proceeding under this subsection4 7,e7 ,exhaustion and stay of proceedings 7i7 ,in general ,no claim brought under this paragraph shall require the plaintiff to exhaust administrative remedies under section #bde;,g7g77#e74 7ii7 ,stay authorized ,nothing in this paragraph may be construed to prevent the court from staying proceedings under this paragraph to permit the ,secretary to evaluate an allegation of an unwritten policy or practice or to take corrective action4 ,in determining whether to issue such a stay1 the court shall take into account any harm the stay may cause to the claimant4 4 #abjf4 ,modifications to naturalization provisions ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7#a7 in section #caf 7#h ,u4,s4,c4 #adbg71 by adding at the end the following3 7g7 ,for purposes of this chapter1 the phrases lawfully admitted for permanent residence1 lawfully admitted to the ,united ,states for permanent residence1 and lawful admission for permanent residence shall refer to a noncitizen who-- 7#a7 was granted the status of lawful permanent resident2 7#b7 did not obtain such status through fraudulent misrepresentation or fraudulent concealment of a material fact1 provided that the ,secretary shall have the discretion to waive the application of this paragraph2 and 7#c7 for good cause shown4 2 and 7#b7 in section #cai 7#h ,u4,s4,c4 #adcj7-- 7,a7 in the section heading1 by striking and employees of certain nonprofit organizations and inserting 1 employees of certain nonprofit organizations1 and other lawful residents2 and 7,b7 by adding at the end the following3 7f7 ,notwithstanding section #caf7;a77#a71 any lawful permanent resident who was lawfully present in the ,united ,states and eligible for employment authorization for not less than #c years before becoming a lawful permanent resident may be naturalized upon compliance with all other requirements under this chapter4 4 #abjg4 ,relief for long-term legal residents of the ,commonwealth of the ,northern ,mariana ,islands ,the ,joint ,resolution entitled ,a ,joint ,resolution to approve the ,covenant to ,establish a ,commonwealth of the ,northern ,mariana ,islands in ,political ,union with the ,united ,states of ,america1 and for other purposes1 approved ,march #bd1 #aigf 7#dh ,u4,s4,c4 #ahjf71 is amended-- 7#a7 in subsection 7b77#a7-- 7,a7 by amending subparagraph 7,a7 to read as follows3 7,a7 ,nonimmigrant workers generally ,a noncitizen1 if otherwise qualified1 may seek admission to ,guam or to the ,commonwealth during the transition program as a nonimmigrant worker under section #aja7;a77#ae77;,h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h7 without counting against the numerical limitations set forth in section #bad7;g7 of such ,act 7#h ,u4,s4,c4 #aahd7;g774 2 and 7,b7 in subparagraph 7,b77i71 by striking contact and inserting contract2 7#b7 in subsection 7e7-- 7,a7 in paragraph 7#d71 in the paragraph heading1 by striking aliens and inserting noncitizens2 and 7,b7 by amending paragraph 7#f7 to read as follows3 7#f7 ,special provision regarding long-term residents of the ,commonwealth 7,a7 ,,cnmi ,resident status ,a noncitizen described in subparagraph 7,b7 may1 upon the application of the noncitizen1 be admitted in ,,cnmi ,resident status to the ,commonwealth subject to the following rules3 7i7 ,the noncitizen shall be treated as a noncitizen lawfully admitted to the ,commonwealth only1 including permitting entry to and exit from the ,commonwealth1 until the earlier of the date on which-- 7,i7 the noncitizen ceases to reside in the ,commonwealth2 or 7,,ii7 the noncitizen's status is adjusted under section #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7 to that of a noncitizen lawfully admitted for permanent residence in accordance with all applicable eligibility requirements4 7ii7 ,the ,secretary of ,homeland ,security-- 7,i7 shall establish a process for such noncitizen to apply for ,,cnmi ,resident status during the #ahj-;day period beginning on the date that is #ij days after the date of the enactment of the ,u4,s4 ,citizenship ,act2 7,,ii7 may1 in the ,secretary's discretion1 authorize deferred action or parole1 as appropriate1 with work authorization1 for such noncitizen until the date of adjudication of the noncitizen's application for ,,cnmi ,resident status2 and 7,,iii7 in the case of a noncitizen who has nonimmigrant status on the date on which the noncitizen applies for ,,cnmi ,resident status1 the ,secretary shall extend such nonimmigrant status and work authorization through the end of the #ahj-;day period described in subclause 7,i7 or the date of adjudication of the noncitizen's application for ,,cnmi ,resident status1 whichever is later4 7iii7 ,nothing in this subparagraph may be construed to provide any noncitizen granted status under this subparagraph with public assistance to which the noncitizen is not otherwise entitled4 7iv7 ,a noncitizen granted status under this paragraph shall be deemed a qualified noncitizen under section #dca of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda7 for purposes of receiving relief during-- 7,i7 a major disaster declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj72 7,,ii7 an emergency declared by the ,president under section #eja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaia72 or 7,,iii7 a national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq474 7v7 ,a noncitizen granted status under this paragraph-- 7,i7 subject to section #bcg7;a77#h71 is subject to all grounds of deportability under section #bcg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg72 7,,ii7 subject to section #bab7;c71 is subject to all grounds of inadmissibility under section #bab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7 if seeking admission to the ,united ,states at a port of entry in the ,commonwealth2 7,,iii7 is inadmissible to the ,united ,states at any port of entry outside the ,commonwealth1 except that the ,secretary of ,homeland ,security may in the ,secretary's discretion authorize admission of such noncitizen at a port of entry in ,guam for the purpose of direct transit to the ,commonwealth1 which admission shall be considered an admission to the ,commonwealth2 7,,iv7 automatically shall lose such status if the noncitizen travels from the ,commonwealth to any other place in the ,united ,states1 except that the ,secretary of ,homeland ,security may in the ,secretary's discretion establish procedures for the advance approval on a case-by-case basis of such travel for a temporary and legitimate purpose1 and the ,secretary may in the ,secretary's discretion authorize the direct transit of noncitizens with ,,cnmi ,resident status through ,guam to a foreign place2 7,v7 shall be authorized to work in the ,commonwealth incident to status2 and 7,,vi7 shall be issued appropriate travel documentation and evidence of work authorization by the ,secretary4 7,b7 ,noncitizens described ,a noncitizen is described in this subparagraph if the noncitizen-- 7i7 was lawfully present on ,june #be1 #bjai1 or on ,december #ca1 #bjah1 in the ,commonwealth under the immigration laws of the ,united ,states1 including pursuant to a grant of parole under section #bab7;d77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#e77 or deferred action2 7ii7 subject to subsection 7c7 of section #bab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb71 is admissible as an immigrant to the ,united ,states under that ,act 7#h ,u4,s4,c4 #aaja et seq471 except that no immigrant visa is required2 7iii7 except in the case of a noncitizen who meets the requirements of subclause 7,,iii7 or 7,,vi7 of clause 7v71 resided continuously and lawfully in the ,commonwealth from ,november #bh1 #bjji1 through ,june #be1 #bjai2 7iv7 is not a citizen of the ,republic of the ,marshall ,islands1 the ,federated ,states of ,micronesia1 or the ,republic of ,palau2 and 7v7 in addition-- 7,i7 was born in the ,northern ,mariana ,islands between ,january #a1 #aigd1 and ,january #i1 #aigh2 7,,ii7 was1 on ,november #bg1 #bjji1 a permanent resident of the ,commonwealth 7as defined in section #dcjc of title #c of the ,northern ,mariana ,islands ,commonwealth ,code1 in effect on ,may #h1 #bjjh72 7,,iii7 is the spouse or child 7as defined in section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a777 of a noncitizen described in subclause 7,i71 7,,ii71 7,v71 7,,vi71 or 7,,vii72 7,,iv7 was1 on ,november #bg1 #bjaa1 a spouse1 child1 or parent of a ,united ,states citizen1 notwithstanding the age of the ,united ,states citizen1 and continues to have such family relationship with the citizen on the date of the application described in subparagraph 7,a72 7,v7 had a grant of parole under section #bab7;d77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#e77 on ,december #ca1 #bjah1 under the former parole program for certain in-home caregivers administered by ,united ,states ,citizenship and ,immigration ,services2 7,,vi7 was admitted to the ,commonwealth as a ,commonwealth ,only ,transitional ,worker during fiscal year #bjae1 and during every subsequent fiscal year beginning before the date of enactment of the ,northern ,mariana ,islands ,u4,s4 ,workforce ,act of #bjah 7,public ,law #aae-bah2 #acb ,stat4 #aedg72 or 7,,vii7 resided in the ,northern ,mariana ,islands as an investor under ,commonwealth immigration law1 and is currently a resident classified as a ,,cnmi-only nonimmigrant under section #aja7;a77#ae77;,e77ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,e77ii774 7,c7 ,authority of ,attorney ,general ,beginning on the first day of the #ahj-;day period established by the ,secretary of ,homeland ,security under subparagraph 7,a77ii77,i71 the ,attorney ,general may accept and adjudicate an application for ,,cnmi ,resident status under this paragraph by a noncitizen who is in removal proceedings before the ,attorney ,general if the noncitizen-- 7i7 makes an initial application to the ,attorney ,general within such #ahj-;day period2 or 7ii7 applied to the ,secretary of ,homeland ,security during such #ahj-;day period and before being placed in removal proceedings1 and the ,secretary denied the application4 7,d7 ,judicial review ,notwithstanding any other law1 no court shall have jurisdiction to review any decision of the ,secretary of ,homeland ,security or the ,attorney ,general on an application under this paragraph or any other action or determination of the ,secretary of ,homeland ,security or the ,attorney ,general to implement1 administer1 or enforce this paragraph4 7,e7 ,procedure ,the requirements of chapter #e of title #e 7commonly referred to as the ,administrative ,procedure ,act71 or any other law relating to rulemaking1 information collection1 or publication in the ,federal ,register shall not apply to any action to implement1 administer1 or enforce this paragraph4 7,f7 ,adjustment of status for ,,cnmi residents ,a noncitizen with ,,cnmi ,resident status may adjust his or her status to that of a noncitizen lawfully admitted for permanent residence #e years after the date of the enactment of the ,u4,s4 ,citizenship ,act or #e years after the date on which ,,cnmi ,resident status is granted1 whichever is later4 7,g7 ,waiver of application deadline ,the ,secretary of ,homeland ,security may1 in the ,secretary's sole and unreviewable discretion1 accept an application for ,,cnmi ,resident status submitted after the application deadline if-- 7i7 the applicant is eligible for ,,cnmi ,resident status2 7ii7 the applicant timely submitted an application for ,,cnmi ,resident status and made a good faith effort to comply with the application requirements as determined by the ,secretary2 and 7iii7 the application is received not later than #ij days after the expiration of the application deadline or the date on which notice of rejection of the application is submitted1 whichever is later4 2 7#c7 by striking an alien each place it appears and inserting a noncitizen2 7#d7 by striking ,an alien each place it appears and inserting ,a noncitizen2 7#e7 by striking alien each place it appears and inserting noncitizen2 7#f7 by striking aliens each place it appears and inserting noncitizens2 and 7#g7 by striking alien's each place it appears and inserting noncitizen's4 #abjh4 ,government contracting and acquisition of real property interest 7a7 ,exemption from ,government contracting and hiring rules 7#a7 ,in general ,a determination by a ,federal agency to use a procurement competition exemption under section #ccjd7;a7 of title #da1 ,united ,states ,code1 or to use the authority granted in paragraph 7#b71 for the purpose of implementing this title and the amendments made by this title is not subject to challenge by protest to the ,government ,accountability ,office under chapter #ce of title #ca1 ,united ,states ,code1 or to the ,court of ,federal ,claims1 under section #adia of title #bh1 ,united ,states ,code4 ,an agency shall immediately advise ,congress of the exercise of the authority granted under this paragraph4 7#b7 ,government contracting exemption ,the competition requirement under section #ccjf of title #da1 ,united ,states ,code1 may be waived or modified by a ,federal agency for any procurement conducted to implement this title or the amendments made by this title if the senior procurement executive for the agency conducting the procurement-- 7,a7 determines that the waiver or modification is necessary2 and 7,b7 submits an explanation for such determination to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives4 7#c7 ,hiring rules exemption 7,a7 ,in general ,notwithstanding any other provision of law1 the ,secretary is authorized to make term1 temporary limited1 and part-time appointments of employees who will implement this title and the amendments made by this title without regard to the number of such employees1 their ratio to permanent full-time employees1 and the duration of their employment4 7,b7 ,savings provision ,nothing in chapter #ga of title #e1 ,united ,states ,code1 shall affect the authority of any ,department management official to hire term1 temporary limited or part-time employees under this paragraph4 7b7 ,authority ,to acquire leaseholds ,notwithstanding any other provision of law1 the ,secretary may acquire a leasehold interest in real property1 and may provide in a lease entered into under this subsection for the construction or modification of any facility on the leased property1 if the ,secretary determines that the acquisition of such interest1 and such construction or modification1 are necessary in order to facilitate the implementation of this title and the amendments made by this title4 #abji4 ,conforming amendments to the ,social ,security ,act 7a7 ,in general ,section #bjh7;e77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #djh7;e77#a77 is amended-- 7#a7 in subparagraph 7,b77ii71 by striking 1 or and inserting a semicolon at the end2 7#b7 in subparagraph 7,c71 by striking the comma at the end and inserting a semicolon2 7#c7 by inserting after subparagraph 7,c7 the following3 7,d7 who is granted status as a lawful prospective immigrant under section #bde;,b of the ,immigration and ,nationality ,act2 or 7,e7 whose status is adjusted to that of lawful permanent resident under section #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f of the ,immigration and ,nationality ,act1 2 and 7#d7 in the undesignated matter at the end1 by inserting 1 or in the case of a noncitizen described in subparagraph 7,d7 or 7,e71 if such conduct is alleged to have occurred before the date on which the noncitizen submitted an application under section #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f of such ,act before the period at the end4 7b7 ,effective date ,the amendments made by this section shall take effect on the first day of the tenth month beginning after the date of the enactment of this ,act4 ,,ii ,addressing the root causes of migration and responsibly managing the southern border #bjja4 ,definitions ,in this title3 7#a7 ,best interest determination ,the term best interest determination means a formal process with procedural safeguards designed to give primary consideration to the child's best interests in decision making4 7#b7 ,internally displaced persons ,the term internally displaced persons means persons or groups of persons who-- 7,a7 have been forced to leave their homes or places of habitual residence because of armed conflict1 generalized violence1 violations of human rights1 or natural or human-made disasters2 and 7,b7 have not crossed an internationally recognized border of a nation state4 7#c7 ,international protection ,the term international protection means-- 7,a7 asylum status2 7,b7 refugee status2 7,c7 protection under the ,convention ,against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york ,december #aj1 #aihd2 and 7,d7 any other regional protection status available in the ,western ,hemisphere4 7#d7 ,large-scale1 nonintrusive inspection system ,the term large-scale1 nonintrusive inspection system means a technology1 including x-ray1 gamma-ray1 and passive imaging systems1 capable of producing an image of the contents of a commercial or passenger vehicle or freight rail car in #a pass of such vehicle or car4 7#e7 ,pre-primary ,the term pre-primary means deploying scanning technology before primary inspection booths at land border ports of entry in order to provide images of commercial or passenger vehicles or freight rail cars before they are presented for inspection4 7#f7 ,scanning ,the term scanning means utilizing nonintrusive imaging equipment1 radiation detection equipment1 or both1 to capture data1 including images of a commercial or passenger vehicle or freight rail car4 ,a ,promoting the rule of law1 security1 and economic development in ,central ,america #baja4 ,united ,states ,strategy for ,engagement in ,central ,america 7a7 ,in general ,the ,secretary of ,state shall implement a #d-year strategy1 to be known as the ,united ,states ,strategy for ,engagement in ,central ,america 7referred to in this subtitle as the ,strategy7-- 7#a7 to advance reforms in ,central ,america2 and 7#b7 to address the key factors contributing to the flight of families1 unaccompanied noncitizen children1 and other individuals from ,central ,america to the ,united ,states4 7b7 ,elements ,the ,strategy shall include efforts-- 7#a7 to strengthen democratic governance1 accountability1 transparency1 and the rule of law2 7#b7 to combat corruption and impunity2 7#c7 to improve access to justice2 7#d7 to bolster the effectiveness and independence of judicial systems and public prosecutors' offices2 7#e7 to improve the effectiveness of civilian police forces2 7#f7 to confront and counter the violence1 extortion1 and other crimes perpetrated by armed criminal gangs1 illicit trafficking organizations1 and organized crime1 while disrupting recruitment efforts by such organizations2 7#g7 to disrupt money laundering and other illicit financial operations of criminal networks1 armed gangs1 illicit trafficking organizations1 and human smuggling networks2 7#h7 to promote greater respect for internationally recognized human rights1 labor rights1 fundamental freedoms1 and the media2 7#i7 to protect the human rights of environmental defenders1 civil society activists1 and journalists2 7#aj7 to enhance accountability for government officials1 including police and security force personnel1 who are credibly alleged to have committed serious violations of human rights or other crimes2 7#aa7 to enhance the capability of governments in ,central ,america to protect and provide for vulnerable and at-risk populations2 7#ab7 to address the underlying causes of poverty and inequality and the constraints to inclusive economic growth in ,central ,america2 and 7#ac7 to prevent and respond to endemic levels of sexual1 gender-based1 and domestic violence4 7c7 ,coordination and consultation ,in implementing the ,strategy1 the ,secretary of ,state shall-- 7#a7 coordinate with the ,secretary of the ,treasury1 the ,secretary of ,defense1 the ,secretary1 the ,attorney ,general1 the ,administrator of the ,united ,states ,agency for ,international ,development1 and the ,chief ,executive ,officer of the ,united ,states ,development ,finance ,corporation2 and 7#b7 consult with the ,director of ,national ,intelligence1 national and local civil society organizations in ,central ,america and the ,united ,states1 and the governments of ,central ,america4 7d7 ,support for ,central ,american efforts ,to the degree feasible1 the ,strategy shall support or complement efforts being carried out by the ,governments of ,el ,salvador1 of ,guatemala1 and of ,honduras1 in coordination with bilateral and multilateral donors and partners1 including the ,inter-,american ,development ,bank4 #bajb4 ,securing support of international donors and partners 7a7 ,plan ,the ,secretary of ,state shall implement a #d-year plan-- 7#a7 to secure support from international donors and regional partners to enhance the implementation of the ,strategy2 7#b7 to identify governments that are willing to provide financial and technical assistance for the implementation of the ,strategy and the specific assistance that will be provided2 and 7#c7 to identify and describe the financial and technical assistance to be provided by multilateral institutions1 including the ,inter-,american ,development ,bank1 the ,world ,bank1 the ,international ,monetary ,fund1 the ,andean ,development ,corporation-,development ,bank of ,latin ,america1 and the ,organization of ,american ,states4 7b7 ,diplomatic engagement and coordination ,the ,secretary of ,state1 in coordination with the ,secretary of the ,treasury1 as appropriate1 shall-- 7#a7 carry out diplomatic engagement to secure contributions of financial and technical assistance from international donors and partners in support of the ,strategy2 and 7#b7 take all necessary steps to ensure effective cooperation among international donors and partners supporting the ,strategy4 #bajc4 ,combating corruption1 strengthening the rule of law1 and consolidating democratic governance ,the ,secretary of ,state and the ,administrator of the ,united ,states ,agency for ,international ,development are authorized-- 7#a7 to combat corruption in ,central ,america by supporting-- 7,a7 ,inspectors ,general and oversight institutions1 including-- 7i7 support for multilateral support missions for key ministries1 including ministries responsible for tax1 customs1 procurement1 and citizen security2 and 7ii7 relevant training for inspectors and auditors2 7,b7 multilateral support missions against corruption and impunity2 7,c7 civil society organizations conducting oversight of executive and legislative branch officials and functions1 police and security forces1 and judicial officials and public prosecutors2 and 7,d7 the enhancement of freedom of information mechanisms2 7#b7 to strengthen the rule of law in ,central ,america by supporting-- 7,a7 ,attorney ,general offices1 public prosecutors1 and the judiciary1 including enhancing investigative and forensics capabilities2 7,b7 an independent1 merit-based selection processes for judges and prosecutors1 independent internal controls1 and relevant ethics and professional training1 including training on sexual1 gender-based1 and domestic violence2 7,c7 improved victim1 witness1 and whistleblower protection and access to justice2 and 7,d7 reforms to and the improvement of prison facilities and management2 7#c7 to consolidate democratic governance in ,central ,america by supporting-- 7,a7 reforms of civil services1 related training programs1 and relevant laws and processes that lead to independent1 merit-based selection processes2 7,b7 national legislatures and their capacity to conduct oversight of executive branch functions2 7,c7 reforms to1 and strengthening of1 political party and campaign finance laws and electoral tribunals2 7,d7 local governments and their capacity to provide critical safety1 education1 health1 and sanitation services to citizens2 and 7#d7 to defend human rights by supporting-- 7,a7 human rights ombudsman offices2 7,b7 government protection programs that provide physical protection and security to human rights defenders1 journalists1 trade unionists1 whistleblowers1 and civil society activists who are at risk2 7,c7 civil society organizations that promote and defend human rights1 freedom of expression1 freedom of the press1 labor rights1 environmental protection1 and the rights of individuals with diverse sexual orientations or gender identities2 and 7,d7 civil society organizations that address sexual1 gender-based1 and domestic violence1 and that protect victims of such violence4 #bajd4 ,combating criminal violence and improving citizen security ,the ,secretary of ,state and the ,administrator of the ,united ,states ,agency for ,international ,development are authorized-- 7#a7 to counter the violence and crime perpetrated by armed criminal gangs1 illicit trafficking organizations1 and human smuggling networks in ,central ,america by providing assistance to civilian law enforcement1 including support for-- 7,a7 the execution and management of complex1 multi-actor criminal cases2 7,b7 the enhancement of intelligence collection capacity1 and training on civilian intelligence collection 7including safeguards for privacy and basic civil liberties71 investigative techniques1 forensic analysis1 and evidence preservation2 7,c7 community policing policies and programs2 7,d7 the enhancement of capacity to identify1 investigate1 and prosecute crimes involving sexual1 gender-based1 and domestic violence2 and 7,e7 port1 airport1 and border security officials1 agencies and systems1 including-- 7i7 the professionalization of immigration personnel2 7ii7 improvements to computer infrastructure and data management systems1 secure communications technologies1 nonintrusive inspection equipment1 and radar and aerial surveillance equipment2 and 7iii7 assistance to canine units2 7#b7 to disrupt illicit financial networks in ,central ,america1 including by supporting-- 7,a7 finance ministries1 including the imposition of financial sanctions to block the assets of individuals and organizations involved in money laundering or the financing of armed criminal gangs1 illicit trafficking networks1 human smuggling networks1 or organized crime2 7,b7 financial intelligence units1 including the establishment and enhancement of anti-money laundering programs2 and 7,c7 the reform of bank secrecy laws2 7#c7 to assist in the professionalization of civilian police forces in ,central ,america by supporting-- 7,a7 reforms with respect to personnel recruitment1 vetting1 and dismissal processes1 including the enhancement of polygraph capability for use in such processes2 7,b7 ,inspectors ,general and oversight offices1 including relevant training for inspectors and auditors1 and independent oversight mechanisms1 as appropriate2 and 7,c7 training and the development of protocols regarding the appropriate use of force and human rights2 7#d7 to improve crime prevention and to reduce violence1 extortion1 child recruitment into gangs1 and sexual slavery by supporting-- 7,a7 the improvement of child protection systems2 7,b7 the enhancement of programs for at-risk youth1 including the improvement of community centers and programs aimed at successfully reinserting former gang members2 7,c7 livelihood programming that provides youth and other at-risk individuals with legal and sustainable alternatives to gang membership2 7,d7 safe shelter and humanitarian responses for victims of crime and internal displacement2 and 7,e7 programs to receive and effectively reintegrate repatriated migrants in ,el ,salvador1 ,guatemala1 and ,honduras4 #baje4 ,combating sexual1 gender-based1 and domestic violence ,the ,secretary of ,state and the ,administrator of the ,united ,states ,agency for ,international ,development are authorized to counter sexual1 gender-based1 and domestic violence in ,central ,american countries by-- 7#a7 broadening engagement among national and local institutions to address sexual1 gender-based1 and domestic violence2 7#b7 supporting educational initiatives to reduce sexual1 gender-based1 and domestic violence2 7#c7 supporting outreach efforts tailored to meet the needs of women1 girls1 individuals of diverse sexual orientations or gender identities1 and other vulnerable individuals at risk of violence and exploitation2 7#d7 formalizing standards of care and confidentiality at police1 health facilities1 and other government facilities2 and 7#e7 establishing accountability mechanisms for perpetrators of violence4 #bajf4 ,tackling extreme poverty and advancing economic development ,the ,secretary of ,state and the ,administrator of the ,united ,states ,agency for ,international ,development are authorized to tackle extreme poverty and the underlying causes of poverty in ,central ,american countries by-- 7#a7 strengthening human capital by supporting-- 7,a7 workforce development and entrepreneurship training programs that are driven by market demand1 including programs that prioritize women1 at-risk youth1 and indigenous communities2 7,b7 improving early-grade literacy1 and primary and secondary school curricula2 7,c7 relevant professional training for teachers and educational administrators2 7,d7 educational policy reform and improvement of education sector budgeting2 and 7,e7 establishment and expansion of safe schools and related facilities for children2 7#b7 enhancing economic competitiveness and investment climate by supporting-- 7,a7 small business development centers and programs that strengthen supply chain integration2 7,b7 the improvement of protections for investors1 including dispute resolution and arbitration mechanisms2 7,c7 trade facilitation and customs harmonization programs2 and 7,d7 reducing energy costs through investments in clean technologies and the reform of energy policies and regulations2 7#c7 strengthening food security by supporting-- 7,a7 small and medium-scale sustainable agriculture1 including by providing technical training1 improving access to credit1 and promoting policies and programs that incentivize government agencies and private institutions to buy from local producers2 7,b7 agricultural value chain development for farming communities2 7,c7 nutrition programs to reduce childhood malnutrition and stunting rates2 and 7,d7 mitigation1 adaptation1 and recovery programs in response to natural disasters and other external shocks2 and 7#d7 improving fiscal and financial affairs by supporting-- 7,a7 domestic revenue generation1 including programs to improve tax administration1 collection1 and enforcement2 7,b7 strengthening public sector financial management1 including strategic budgeting and expenditure tracking2 and 7,c7 reform of customs and procurement policies and processes4 #bajg4 ,authorization of appropriations for ,united ,states ,strategy for ,engagement in ,central ,america 7a7 ,in general ,there are authorized to be appropriated #a1jjj1jjj1jjj for each of the fiscal years #bjbb through #bjbe to carry out the ,strategy4 7b7 ,portion of funding available without condition ,the ,secretary of ,state or the ,administrator of the ,united ,states ,agency for ,international ,development1 as appropriate1 may obligate up to #ej percent of the amounts appropriated in each fiscal year pursuant to subsection 7a7 to carry out the ,strategy on the first day of the fiscal year for which they are appropriated4 7c7 ,portion of funding available after progress on specific issues 7#a7 ,effective implementation ,the remaining #ej percent of the amounts appropriated pursuant to subsection 7a7 7after the obligations authorized under subsection 7b77 may only be made available for assistance to the ,government of ,el ,salvador1 of ,guatemala1 or of ,honduras after the ,secretary of ,state consults with1 and subsequently certifies and reports to1 the ,committee on ,foreign ,relations of the ,senate1 the ,committee on ,appropriations of the ,senate1 the ,committee on ,foreign ,affairs of the ,house of ,representatives1 and the ,committee on ,appropriations of the ,house of ,representatives that the respective government is taking effective steps 7in addition to steps taken during the previous calendar year7-- 7,a7 to combat corruption and impunity1 including investigating and prosecuting government officials1 military personnel1 and civilian police officers credibly alleged to be corrupt2 7,b7 to implement reforms1 policies1 and programs to strengthen the rule of law1 including increasing the transparency of public institutions and the independence of the judiciary and electoral institutions2 7,c7 to protect the rights of civil society1 opposition political parties1 trade unionists1 human rights defenders1 and the independence of the media2 7,d7 to provide effective and accountable civilian law enforcement and security for its citizens1 and curtailing the role of the military in internal policing2 7,e7 to implement policies to reduce poverty and promote equitable economic growth and opportunity2 7,f7 to increase government revenues1 including by enhancing tax collection1 strengthening customs agencies1 and reforming procurement processes2 7,g7 to improve border security and countering human smuggling1 criminal gangs1 drug traffickers1 and transnational criminal organizations2 7,h7 to counter and prevent sexual and gender-based violence2 7,i7 to inform its citizens of the dangers of the journey to the southwest border of the ,united ,states2 7,j7 to resolve disputes involving the confiscation of real property of ,united ,states entities2 and 7,k7 to implement reforms to strengthen educational systems1 vocational training programs1 and programs for at-risk youth4 ,b ,addressing migration needs by strengthening regional humanitarian responses for refugees and asylum seekers in the ,western ,hemisphere and strengthening repatriation initiatives #bbja4 ,expanding refugee and asylum processing in the ,western ,hemisphere 7a7 ,refugee processing ,the ,secretary of ,state1 in coordination with the ,secretary1 shall work with international partners1 including the ,united ,nations ,high ,commissioner for ,refugees and international nongovernmental organizations1 to support and strengthen the domestic capacity of countries in the ,western ,hemisphere to process and accept refugees for resettlement and adjudicate asylum claims by-- 7#a7 providing support and technical assistance to expand and improve the capacity to identify1 process1 and adjudicate refugee claims1 adjudicate applications for asylum1 or otherwise accept refugees referred for resettlement by the ,united ,nations ,high ,commissioner for ,refugees or host nations1 including by increasing the number of refugee and asylum officers who are trained in the relevant legal standards for adjudicating claims for protection2 7#b7 establishing and expanding safe and secure locations to facilitate the safe and orderly movement of individuals and families seeking international protection2 7#c7 improving national refugee and asylum registration systems to ensure that any person seeking refugee status1 asylum1 or other humanitarian protections-- 7,a7 receives due process and meaningful access to existing humanitarian protections2 7,b7 is provided with adequate information about his or her rights1 including the right to seek protection2 7,c7 is properly screened for security1 including biographic and biometric capture2 and 7,d7 receives appropriate documents to prevent fraud and ensure freedom of movement and access to basic social services2 and 7#d7 developing the capacity to conduct best interest determinations for unaccompanied children with international protection needs to ensure that such children are properly registered and that their claims are appropriately considered4 7b7 ,diplomatic engagement and coordination ,the ,secretary of ,state1 in coordination with the ,secretary1 as appropriate1 shall-- 7#a7 carry out diplomatic engagement to secure commitments from governments to resettle refugees from ,central ,america2 and 7#b7 take all necessary steps to ensure effective cooperation among governments resettling refugees from ,central ,america4 #bbjb4 ,further strengthening regional humanitarian responses in the ,western ,hemisphere ,the ,secretary of ,state1 in coordination with international partners1 including the ,united ,nations ,high ,commissioner for ,refugees1 shall support and coordinate with the government of each country hosting a significant population of refugees and asylum seekers from ,el ,salvador1 ,guatemala1 and ,honduras-- 7#a7 to establish and expand temporary shelter and shelter network capacity to meet the immediate protection and humanitarian needs of refugees and asylum seekers1 including shelters for families1 women1 unaccompanied children1 and other vulnerable populations2 7#b7 to deliver gender-1 trauma-1 and age-sensitive humanitarian assistance to refugees and asylum seekers1 including access to accurate information1 legal representation1 education1 livelihood opportunities1 cash assistance1 and health care2 7#c7 to establish and expand sexual1 gender-based1 and domestic violence prevention1 recovery1 and humanitarian programming2 7#d7 to fund national- and community-led humanitarian organizations in humanitarian response2 7#e7 to support local integration initiatives to help refugees and asylum seekers rebuild their lives and contribute in a meaningful way to the local economy in their host country2 and 7#f7 to support technical assistance for refugee relocation and resettlement4 #bbjc4 ,information campaign on dangers of irregular migration 7a7 ,in general ,the ,secretary of ,state1 in coordination with the ,secretary1 shall design and implement public information campaigns in ,el ,salvador1 ,guatemala1 ,honduras1 and other appropriate ,central ,american countries-- 7#a7 to disseminate information about the potential dangers of travel to the ,united ,states2 7#b7 to provide accurate information about ,united ,states immigration law and policy2 and 7#c7 to provide accurate information about the availability of asylum1 other humanitarian protections in countries in the ,western ,hemisphere1 and other legal means for migration4 7b7 ,elements ,the information campaigns implemented pursuant to subsection 7a71 to the greatest extent possible-- 7#a7 shall be targeted at regions with high levels of outbound migration or significant populations of internally displaced persons2 7#b7 shall be conducted in local languages2 7#c7 shall employ a variety of communications media1 including social media2 and 7#d7 shall be developed in coordination with program officials at the ,department of ,homeland ,security1 the ,department of ,state1 and other government1 nonprofit1 or academic entities in close contact with migrant populations from ,el ,salvador1 ,guatemala1 and ,honduras1 including repatriated migrants4 #bbjd4 ,identification1 screening1 and processing of refugees and other individuals eligible for lawful admission to the ,united ,states 7a7 ,designated processing centers 7#a7 ,in general ,the ,secretary of ,state1 in coordination with the ,secretary1 shall establish designated processing centers for the registration1 screening1 and processing of refugees and other eligible individuals1 and the resettlement or relocation of these individuals to the ,united ,states or other countries4 7#b7 ,locations ,not fewer than #a designated processing centers shall be established in a safe and secure location identified by the ,united ,states and the host government in-- 7,a7 ,el ,salvador2 7,b7 ,guatemala2 7,c7 ,honduras2 and 7,d7 any other ,central ,american country that the ,secretary of ,state considers appropriate to accept and process requests and applications under this subtitle4 7b7 ,personnel 7#a7 ,refugee officers and related personnel ,the ,secretary shall ensure that sufficient numbers of refugee officers and other personnel are assigned to each designated processing center to fulfill the requirements under this subtitle4 7#b7 ,support personnel ,the ,secretary and the ,attorney ,general shall hire and assign sufficient personnel to ensure1 absent exceptional circumstances1 that all security and law enforcement background checks required under this subtitle and family verification checks carried out by the ,refugee ,access ,verification ,unit are completed within #ahj days4 7c7 ,operations 7#a7 ,in general ,absent extraordinary circumstances1 each designated processing center shall commence operations as expeditiously as possible4 7#b7 ,productivity and quality control ,the ,secretary of ,state1 in coordination with the ,secretary1 shall monitor the activities of each designated processing center and establish metrics and criteria for evaluating the productivity and quality control of each designated processing center4 #bbje4 ,registration and intake 7a7 ,registration ,each designated processing center shall receive and register individuals seeking to apply for benefits under this subtitle who meet criteria specified by the ,secretary of ,state1 in coordination with the ,secretary4 7b7 ,intake ,the designated processing center shall assess registered individuals to determine the benefits for which they may be eligible1 including-- 7#a7 refugee resettlement pursuant to the ,central ,american ,refugee ,program described in section #bbjf2 7#b7 the ,central ,american ,minors ,program described in section #bbjg2 and 7#c7 the ,central ,american ,family ,reunification ,parole ,program described in section #bbjh4 7c7 ,expedited processing ,the ,secretary of ,state shall provide expedited processing of applications and requests under this subtitle in emergency situations1 for humanitarian reasons1 or if the ,secretary of ,state otherwise determines that circumstances warrant expedited treatment4 #bbjf4 ,central ,american ,refugee ,program 7a7 ,processing at designated processing centers 7#a7 ,in general ,any individual who registers at a designated processing center1 expresses a fear of persecution or an intention to apply for refugee status1 and who is a national of ,el ,salvador1 of ,honduras1 of ,guatemala1 or of any other ,central ,american country whose nationals the ,secretary of ,state has determined are eligible for refugee status under this section may apply for refugee resettlement under this section4 ,upon filing of a completed application1 the applicant may be referred to a refugee officer for further processing in accordance with this section4 7#b7 ,submission of biographic and biometric data ,an applicant described in paragraph 7#a7 shall submit biographic and biometric data in accordance with procedures established by the ,secretary of ,state1 in coordination with the ,secretary4 ,an alternative procedure shall be provided for applicants who are unable to provide all required biographic and biometric data because of a physical or mental impairment4 7#c7 ,background checks ,the ,secretary of ,state shall utilize biometric1 biographic1 and other appropriate data to conduct security and law enforcement background checks of applicants to determine whether there is any criminal1 national security1 or other ground that would render the applicant ineligible for admission as a refugee under section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg74 7#d7 ,orientation ,the ,secretary of ,state shall provide prospective applicants for refugee resettlement with information on applicable requirements and legal standards4 ,all orientation materials1 including application forms and instructions1 shall be provided in ,english and ,spanish4 7#e7 ,international organizations ,the ,secretary of ,state1 in consultation with the ,secretary1 shall enter into agreements with international organizations1 including the ,united ,nations ,high ,commissioner for ,refugees1 to facilitate the processing and preparation of case files for applicants under this section4 7b7 ,optional referral to other countries 7#a7 ,in general ,an applicant for refugee resettlement under this section may be referred to another country for the processing of the applicant's refugee claim if another country agrees to promptly process the applicant's refugee claim in accordance with the terms and procedures of a bilateral agreement described in paragraph 7#b74 7#b7 ,bilateral agreements for referral of refugees 7,a7 ,in general ,the ,secretary of ,state1 in consultation with the ,secretary1 may enter into bilateral agreements with other countries for the referral1 processing1 and resettlement of individuals who register at a designated processing center and seek to apply for refugee resettlement under this section4 ,such agreements shall be limited to countries with the demonstrated capacity to accept and adjudicate applications for refugee status and other forms of international protection1 and to resettle refugees consistent with obligations under the ,convention ,relating to the ,status of ,refugees1 done at ,geneva ,july #bh1 #aiea and made applicable by the ,protocol ,relating to the ,status of ,refugees1 done at ,new ,york ,january #ca1 #aifg 7#ai ,,ust #fbbc74 7,b7 ,international organizations ,the ,secretary of ,state1 in consultation with the ,secretary1 may enter into agreements with international organizations1 including the ,united ,nations ,high ,commissioner for ,refugees1 to facilitate the referral1 processing1 and resettlement of individuals described in subparagraph 7,a74 7c7 ,emergency relocation coordination ,the ,secretary of ,state1 in coordination with the ,secretary1 may enter into bilateral or multilateral agreements with other countries in the ,western ,hemisphere to establish safe and secure emergency transit centers for individuals who register at a designated processing center1 are deemed to face an imminent risk of harm1 and require temporary placement in a safe location pending a final decision on an application under this section4 ,such agreements may be developed in consultation with the ,united ,nations ,high ,commissioner for ,refugees and shall conform to international humanitarian standards4 7d7 ,expansion of refugee corps ,subject to the availability of amounts provided in advance in appropriation ,acts1 the ,secretary shall appoint additional refugee officers as may be necessary to carry out this section4 #bbjg4 ,central ,american ,minors ,program 7a7 ,eligibility 7#a7 ,petition ,if an assessment under section #bbje7;b7 results in a determination that a noncitizen is eligible for special immigrant status in accordance with this subsection-- 7,a7 the designated processing center that conducted such assessment may accept a petition for such status filed by the noncitizen1 or on behalf of the noncitizen by a parent or legal guardian2 and 7,b7 subject to subsection 7d71 and notwithstanding any other provision of law1 the ,secretary may provide such noncitizen with status as a special immigrant under section #aja7;a77#bg7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg774 7#b7 ,criteria ,a noncitizen shall be eligible under this subsection if he or she-- 7,a7 is a national of ,el ,salvador1 of ,honduras1 of ,guatemala1 or of any other ,central ,american country whose nationals the ,secretary has determined are eligible for special immigrant status under this section2 7,b7 is a child 7as defined in section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a777 of an individual who is lawfully present in the ,united ,states2 and 7,c7 is otherwise admissible to the ,united ,states 7excluding the grounds of inadmissibility specified in section #bab7;a77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#d7774 7b7 ,minor children ,any child 7as defined in section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a777 of a noncitizen described in subsection 7a7 is entitled to special immigrant status if accompanying or following to join such noncitizen4 7c7 ,exclusion from numerical limitations ,noncitizens provided special immigrant status under this section shall not be counted against any numerical limitation under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7d7 ,applicants under prior ,central ,american ,minors ,refugee ,program 7#a7 ,in general ,the ,secretary shall deem an application filed under the ,central ,american ,minors ,refugee ,program1 established on ,december #a1 #bjad1 and terminated on ,august #af1 #bjag1 which was not the subject of a final disposition before ,january #ca1 #bjah1 to be a petition filed under this section4 7#b7 ,final determination ,absent exceptional circumstances1 the ,secretary shall make a final determination on applications described in paragraph 7#a7 not later than #ahj days after the date of the enactment of this ,act4 7#c7 ,notice ,the ,secretary shall-- 7,a7 promptly notify all relevant parties of the conversion of an application described in paragraph 7#a7 into a special immigrant petition2 and 7,b7 provide instructions for withdrawal of the petition if the noncitizen does not want to proceed with the requested relief4 7e7 ,biometrics and background checks 7#a7 ,submission of biometric and biographic data ,petitioners for special immigrant status under this section shall submit biometric and biographic data in accordance with procedures established by the ,secretary4 ,an alternative procedure shall be provided for applicants who are unable to provide all required biometric data because of a physical or mental impairment4 7#b7 ,background checks ,the ,secretary shall utilize biometric1 biographic1 and other appropriate data to conduct security and law enforcement background checks of petitioners to determine whether there is any criminal1 national security1 or other ground that would render the applicant ineligible for special immigrant status under this section4 7#c7 ,completion of background checks ,the security and law enforcement background checks required under paragraph 7#b7 shall be completed1 to the satisfaction of the ,secretary1 before the date on which a petition for special immigrant status under this section may be approved4 #bbjh4 ,central ,american ,family ,reunification ,parole ,program 7a7 ,eligibility 7#a7 ,application ,if an assessment under section #bbje7;b7 results in a determination that a noncitizen is eligible for parole in accordance with this section-- 7,a7 the designated processing center may accept a completed application for parole filed by the noncitizen1 or on behalf of the noncitizen by a parent or legal guardian2 and 7,b7 the ,secretary may grant parole under section #bab7;d77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#e77 to such noncitizen4 7#b7 ,criteria ,a noncitizen shall be eligible for parole under this section if he or she-- 7,a7 is a national of ,el ,salvador1 of ,guatemala1 of ,honduras1 or of any other ,central ,american country whose nationals the ,secretary has determined are eligible for parole under this section2 7,b7 is the beneficiary of an approved immigrant visa petition under section #bjc7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;a772 and 7,c7 an immigrant visa is not immediately available for the noncitizen1 but is expected to be available within a period designated by the ,secretary4 7b7 ,biometrics and background checks 7#a7 ,submission of biometric and biographic data ,applicants for parole under this section shall be required to submit biometric and biographic data in accordance with procedures established by the ,secretary4 ,an alternative procedure shall be provided for applicants who are unable to provide all required biometric data because of a physical or mental impairment4 7#b7 ,background checks ,the ,secretary shall utilize biometric1 biographic1 and other appropriate data to conduct security and law enforcement background checks of applicants to determine whether there is any criminal1 national security1 or other ground that would render the applicant ineligible for parole under this section4 7#c7 ,completion of background checks ,the security and law enforcement background checks required under paragraph 7#b7 shall be completed to the satisfaction of the ,secretary before the date on which an application for parole may be approved4 #bbji4 ,informational campaign2 case status hotline 7a7 ,informational campaign ,the ,secretary shall implement an informational campaign1 in ,english and ,spanish1 in the ,united ,states1 ,el ,salvador1 ,guatemala1 ,honduras1 and other appropriate ,central ,american countries to increase awareness of the programs authorized under this subtitle4 7b7 ,case status hotline ,the ,secretary shall establish a case status hotline to provide confidential processing information on pending cases4 ,c ,managing the border and protecting border communities #bcja4 ,expediting legitimate trade and travel at ports of entry 7a7 ,technology deployment plan ,the ,secretary is authorized to develop and implement a plan to deploy technology-- 7#a7 to expedite the screening of legitimate trade and travel2 and 7#b7 to enhance the ability to identify narcotics and other contraband1 at every land1 air1 and sea port of entry4 7b7 ,elements ,the technology deployment plan developed pursuant to subsection 7a7 shall include-- 7#a7 the specific steps that will be taken to increase the rate of high-throughput scanning of commercial and passenger vehicles and freight rail traffic entering the ,united ,states at land ports of entry and rail-border crossings along the border using large-scale1 nonintrusive inspection systems or similar technology before primary inspections booths to enhance border security2 7#b7 a comprehensive description of the technologies and improvements needed to facilitate legal travel and trade1 reduce wait times1 and better identify contraband at land and rail ports of entry1 including-- 7,a7 the specific steps the ,secretary will take to ensure1 to the greatest extent practicable1 that high-throughput scanning technologies are deployed within #e years at all land border ports of entry to ensure that all commercial and passenger vehicles and freight rail traffic entering the ,united ,states at land ports of entry and rail-border crossings along the border undergo pre-primary scanning2 and 7,b7 the specific steps the ,secretary will take to increase the amount of cargo that is subject to nonintrusive inspections systems at all ports of entry2 7#c7 a comprehensive description of the technologies and improvements needed to enhance traveler experience1 reduce inspection and wait times1 and better identify potential criminals and terrorists at air ports of entry2 7#d7 a comprehensive description of the technologies and improvements needed-- 7,a7 to enhance the security of maritime trade2 7,b7 to increase the percent of shipping containers that are scanned2 and 7,c7 to enhance the speed and quality of inspections without adversely impacting trade flows2 7#e7 any projected impacts identified by the ,commissioner of ,u4,s4 ,customs and ,border ,protection regarding-- 7,a7 the number of commercial and passenger vehicles and freight rail traffic entering at land ports of entry and rail-border crossings2 7,b7 where such systems are in use2 and 7,c7 the average wait times at peak and non-peak travel times1 by lane type 7if applicable71 as scanning rates are increased2 7#f7 any projected impacts1 as identified by the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 regarding border security operations at ports of entry as a result of implementation actions1 including any required changes to the number of ,u4,s4 ,customs and ,border ,protection officers or their duties and assignments2 7#g7 any projected impact on-- 7,a7 the ability of regular border crossers and border community residents to cross the border efficiently2 and 7,b7 the privacy and civil liberties of border community residents 7as identified by medical professionals71 border community stakeholders 7including elected officials1 educators1 and business leaders71 and civil rights experts2 7#h7 detailed performance measures and benchmarks that can be used to evaluate how effective these technologies are in helping to expedite legal trade and travel while enhancing security at ports of entry2 and 7#i7 the estimated costs and an acquisition plan for implementing the steps identified in the plan1 including-- 7,a7 achieving pre-primary1 high-throughput scanning at all feasible land and rail ports of entry within the timeframes specified in paragraph 7#a72 7,b7 reducing passenger and pedestrian wait times2 7,c7 the acquisition1 operations1 and maintenance costs for large-scale1 nonintrusive inspection systems and other technologies identified in the plan2 and 7,d7 associated costs for any necessary infrastructure enhancements or configuration changes at each port of entry4 7c7 ,small business opportunities ,the acquisition plan required under subsection 7b77#i7 shall promote1 to the extent practicable1 opportunities for entities that qualify as small business concerns 7as defined under section #c7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a7774 7d7 ,modernization of port of entry infrastructure ,the ,secretary is authorized to develop and implement a plan that-- 7#a7 identifies infrastructure improvements at ports of entry that would-- 7,a7 enhance the ability to process asylum seekers2 7,b7 facilitate daily pedestrian and vehicular trade and traffic2 and 7,c7 detect1 interdict1 disrupt1 and prevent fentanyl1 other synthetic opioids1 and other narcotics and psychoactive substances and associated contraband from entering the ,united ,states2 7#b7 describes circumstances in which effective technology in use at certain ports of entry smart cannot be implemented at other ports of entry1 including-- 7,a7 infrastructure constraints that would impact the ability to deploy detection equipment to improve the ability of such officers to identify such drugs and other dangers that are being illegally transported into the ,united ,states2 and 7,b7 mitigation measures that could be implemented at these ports of entry2 and 7#c7 includes other improvements to infrastructure and safety equipment that are needed to protect officers from inclement weather1 surveillance by smugglers1 and accidental exposure to narcotics or other dangers associated with the inspection of potential drug traffickers4 7e7 ,authorization of appropriations ,there are authorized to be appropriated such funds as may be necessary to implement the plans required under this section4 #bcjb4 ,deploying smart technology at the southern border 7a7 ,in general ,the ,secretary is authorized to develop and implement a strategy to manage and secure the southern border of the ,united ,states by deploying smart technology-- 7#a7 to enhance situational awareness along the border2 and 7#b7 to counter transnational criminal networks4 7b7 ,contents ,the smart technology strategy described in subsection 7a7 shall include-- 7#a7 a comprehensive assessment of the physical barriers1 levees1 technologies1 tools1 and other devices that are currently in use along the southern border of the ,united ,states2 7#b7 the deployment of technology between ports of entry that focuses on flexible solutions that can expand the ability to detect illicit activity1 evaluate the effectiveness of border security operations1 and be easily relocated1 broken out by ,u4,s4 ,border ,patrol sector2 7#c7 the specific steps that may be taken in each ,u4,s4 ,border ,patrol sector during the next #e years to identify technology systems and tools that can help provide situational awareness of the southern border2 7#d7 an explanation for why each technology1 tool1 or other device was recommended to achieve and maintain situational awareness of the southern border1 including-- 7,a7 the methodology used to determine which type of technology1 tool1 or other device was recommended2 7,b7 a specific description of how each technology will contribute to the goal of evaluating the performance and identifying the effectiveness rate of ,u4,s4 ,border ,patrol agents and operations2 and 7,c7 a privacy evaluation of each technology1 tool1 or other device that examines their potential impact on border communities2 7#e7 cost-effectiveness calculations for each technology1 tool1 or other device that will be deployed1 including an analysis of the cost per mile of border surveillance2 7#f7 a cost justification for each instance a more expensive technology1 tool1 or other device is recommended over a less expensive option in a given ,u4,s4 ,border ,patrol sector2 and 7#g7 performance measures that can be used to evaluate the effectiveness of each technology deployed and of ,u4,s4 ,border ,patrol operations in each sector4 7c7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to implement this section4 #bcjc4 ,independent oversight on privacy rights ,the ,office of the ,inspector ,general for the ,department of ,homeland ,security shall conduct oversight to ensure that-- 7#a7 the technology used by ,u4,s4 ,customs and ,border ,protection is-- 7,a7 effective in serving a legitimate agency purpose2 7,b7 the least intrusive means of serving such purpose2 and 7,c7 cost effective2 7#b7 guidelines are developed for using such technology to ensure appropriate limits on data collection1 processing1 sharing1 and retention2 and 7#c7 the ,department of ,homeland ,security has consulted with stakeholders1 including affected border communities1 in the development of any plans to expand technology4 #bcjd4 ,training and continuing education 7a7 ,mandatory training and continuing education ,to promote agent and officer safety and professionalism ,the ,secretary is authorized to establish policies and guidelines to ensure that every agent and officer of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement receives training upon onboarding regarding accountability1 standards for professional and ethical conduct1 and oversight4 7b7 ,curriculum ,the training required under subsection 7a7 shall include-- 7#a7 best practices in community policing1 cultural awareness1 and carrying out enforcement actions near sensitive locations1 responding to grievances1 and how to refer complaints to the ,immigration ,detention ,ombudsman2 7#b7 interaction with vulnerable populations2 and 7#c7 standards of professional and ethical conduct4 7c7 ,continuing education 7#a7 ,in general ,the ,secretary shall require all agents and officers of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement who are required to undergo training under subsection 7a7 to participate in continuing education4 7#b7 ,constitutional authority subject matter ,continuing education required under paragraph 7#a7 shall include training regarding-- 7,a7 the protection of the civil1 constitutional1 human1 and privacy rights of individuals2 and 7,b7 use of force policies applicable to agents and officers4 7#c7 ,administration ,courses offered as part of continuing education under this subsection shall be administered in coordination with the ,federal ,law ,enforcement ,training ,centers4 7d7 ,medical training for ,u4,s4 ,border ,patrol agents 7#a7 ,in general ,section #daa of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7 is amended-- 7,a7 in subsection 7l7-- 7i7 by striking ,the ,commissioner and inserting the following3 7#a7 ,continuing education ,the ,commissioner 2 and 7ii7 by adding at the end the following3 7#b7 ,medical training for ,u4,s4 border patrol agents 7,a7 ,in general 7i7 ,availability ,beginning not later than #f months after the date of the enactment of the ,u4,s4 ,citizenship ,act1 the ,commissioner shall make available1 in each ,u4,s4 ,border ,patrol sector1 at no cost to ,u4,s4 ,border ,patrol agents selected for such training1 emergency medical technician 7referred to in this paragraph as ,,emt7 and paramedic training1 including pediatric medical training1 which shall utilize nationally recognized pediatric training curricula that includes emergency pediatric care4 7ii7 ,use of official duty time ,a ,u4,s4 ,border ,patrol agent shall be credited with work time for any ,,emt or paramedic training provided to such agent under clause 7i7 in order to achieve or maintain an ,,emt or paramedic certification4 7iii7 ,obligated overtime ,a ,u4,s4 ,border ,patrol agent shall not accrue any debt of obligated overtime hours that the agent may have incurred1 pursuant to section #eeej7;b7 of title #e1 ,united ,states ,code1 in order to achieve or maintain a paramedic certification4 7iv7 ,lodging and per diem ,lodging and per diem shall be made available to ,u4,s4 ,border ,patrol agents attending training described in clause 7i7 if such training is not available at a location within commuting distance of the agent's residence or worksite4 7v7 ,service commitment ,any ,u4,s4 ,border ,patrol agent who completes a certification preparation program pursuant to clause 7i7 shall-- 7,i7 complete #a year of service as a ,u4,s4 ,border ,patrol agent following the completion of ,,emt training2 7,,ii7 complete #c years of service as a ,u4,s4 ,border ,patrol agent following the completion of paramedic training2 or 7,,iii7 reimburse ,u4,s4 ,customs and ,border ,protection in an amount equal to the product of-- 7aa7 the cost of providing such training to such agent2 multiplied by 7bb7 the percentage of the service required under subclauses 7,i7 and 7,,ii7 that the agent failed to complete4 7,b7 ,increase in rate of pay for border patrol medical certification 7i7 ,,emt certification ,a ,u4,s4 ,border ,patrol agent who has completed ,,emt training pursuant to subparagraph 7,a77i7 and has a current1 ,state-issued or ,state-recognized certification as an ,,emt shall receive1 in addition to the pay to which the agent is otherwise entitled under this section1 an amount equal to #e percent of such pay4 7ii7 ,paramedic certification ,a ,u4,s4 ,border ,patrol agent who has completed paramedic training pursuant to subparagraph 7,a77i7 and has a current1 ,state-issued or ,state-recognized certification as a paramedic shall receive1 in addition to the pay to which the agent is otherwise entitled under this section 7except for subparagraph 7,a771 an amount equal to #aj percent of such pay4 7iii7 ,existing certifications ,a ,u4,s4 ,border ,patrol agent who did not participate in the training made available pursuant to subparagraph 7,a77i71 but1 as of the date of the enactment of the ,u4,s4 ,citizenship ,act1 has a current ,state-issued or ,state-recognized ,,emt or paramedic certification1 shall receive1 in addition to the pay to which the agent is otherwise entitled under this section 7excluding the application of clause 7i7 and 7ii771 an amount equal to-- 7,i7 #e percent of such pay for an ,,emt certification2 and 7,,ii7 #aj percent of such pay for a paramedic certification4 7,c7 ,availability of medically trained border patrol agents ,not later than #f months after the date of the enactment of the ,u4,s4 ,citizenship ,act1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall-- 7i7 ensure that-- 7,i7 ,u4,s4 ,border ,patrol agents with current ,,emt or paramedic certifications are stationed at each ,u4,s4 ,border ,patrol sector and remote station along the southern border to the greatest extent possible2 7,,ii7 not fewer than #aj percent of all ,u4,s4 ,border ,patrol agents assigned to each ,u4,s4 ,border ,patrol sector have ,,emt certifications2 and 7,,iii7 not fewer than #a percent of all ,u4,s4 ,border ,patrol agents assigned to each ,u4,s4 ,border ,patrol sector have paramedic certifications2 and 7ii7 in determining the assigned posts of ,u4,s4 ,border ,patrol agents who have received training under subparagraph 7,a77i71 give priority to remote stations and forward operating bases4 7,d7 ,medical supplies 7i7 ,minimum list ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall provide minimum medical supplies to each ,u4,s4 ,border ,patrol agent with an ,,emt or paramedic certification and to each ,u4,s4 ,border ,patrol sector1 including all remote stations and forward operating bases1 for use while on patrol1 including-- 7,i7 supplies designed for children2 7,,ii7 first aid kits2 and 7,,iii7 oral hydration1 such as water4 7ii7 ,consultation ,in developing the minimum list of medical supplies required under clause 7i71 the ,commissioner shall consult national organizations with expertise in emergency medical care1 including emergency medical care of children4 7,e7 ,motor vehicles ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall make available appropriate motor vehicles to ,u4,s4 ,border ,patrol agents with current ,,emt or paramedic certifications to enable them to provide necessary emergency medical assistance4 7,f7 ,,gao report ,not later than #c years after the date of the enactment of the ,u4,s4 ,citizenship ,act1 the ,comptroller ,general of the ,united ,states shall-- 7i7 review the progress of the ,u4,s4 ,customs and ,border ,protection's promotion in reaching the goal of up to #aj percent of all ,u4,s4 ,border ,patrol agents having ,,emt or paramedic certifications2 and 7ii7 provide a recommendation to ,congress as to whether-- 7,i7 the ,commissioner of ,u4,s4 ,customs and ,border ,protection has effectively and vigorously undertaken an agency-wide effort to encourage and promote the mandate for medical training for ,u4,s4 ,border ,patrol agents under this paragraph2 7,,ii7 additional incentive modifications are needed to achieve or maintain the goal1 including pay differentials2 and 7,,iii7 the #aj percent goal is properly scoped to materially contribute to the preservation of life and the effectiveness and efficiency of ,u4,s4 ,border ,patrol operations1 including whether the number is too high or too low4 2 and 7,b7 in subsection 7r71 by striking section1 the terms and inserting the following3 8section-- 7#a7 the term child means any individual who has not reached #ah years of age2 and 7#b7 the terms 4 7#b7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out section #daa7l77#b7 of the ,homeland ,security ,act of #bjjb1 as added by paragraph 7#a74 7e7 ,identifying and treating individuals experiencing medical distress 7#a7 ,online training 7,a7 ,in general ,beginning on the date that is #ij days after the date of the enactment of this ,act1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall require all ,u4,s4 ,border ,patrol agents1 including agents with ,,emt or paramedic certification1 to complete an online training program that meets nationally recognized standards for the medical care of children to enable ,u4,s4 ,border ,patrol agents-- 7i7 to identify common signs of medical distress in children2 and 7ii7 to ensure the timely transport of sick or injured children to an appropriate medical provider4 7,b7 ,contract ,in developing or selecting an online training program under subparagraph 7,a71 the ,commissioner may enter into a contract with a national professional medical association of pediatric medical providers4 7#b7 ,voice access to medical professionals 7,a7 ,in general ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall ensure that all remote ,u4,s4 ,border ,patrol stations1 forward operating bases1 and remote ports of entry along the southern border of the ,united ,states have #bd-;hour voice access to a medical command physician whose board certification includes the ability to perform this role or a mid-level health care provider with pediatric training for consultations regarding the medical needs of individuals1 including children1 taken into custody near the ,united ,states border4 7,b7 ,acceptable means of access ,access under subparagraph 7,a7 may be accomplished through mobile phones1 satellite mobile radios1 or other means prescribed by the ,commissioner4 7f7 ,commercial driver program 7#a7 ,establishment ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall establish a program to expedite detainee transport to border patrol processing facilities by ensuring1 beginning not later than #a year after the date of the enactment of this ,act1 that-- 7,a7 not fewer than #cjj ,u4,s4 ,border ,patrol agents assigned to remote ,u4,s4 ,border ,patrol stations have a commercial driver's license with a passenger endorsement for detainee transport2 7,b7 in each of the ,el ,paso1 ,laredo1 ,rio ,grande ,valley1 ,san ,diego1 ,yuma1 and ,tucson ,u4,s4 ,border ,patrol ,sectors-- 7i7 not fewer than #e ,u4,s4 ,border ,patrol agents with a commercial driver's license are available during every shift2 and 7ii7 not fewer than #c buses are assigned to the sector2 and 7,c7 in each of the ,big ,bend1 ,del ,rio1 and ,el ,centro ,u4,s4 ,border ,patrol ,sectors-- 7i7 not fewer than #b ,u4,s4 ,border ,patrol agents with a commercial driver's license are available during every shift2 and 7ii7 not fewer than #a bus is assigned to the sector4 7#b7 ,relocation ,buses assigned to specific ,u4,s4 ,border ,patrol sectors pursuant to paragraph 7#a7 may be relocated to other sectors in response to changing patterns4 7#c7 ,reducing wait times at remote ,u4,s4 ,border ,patrol stations ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall ensure that sufficient buses are available in each ,u4,s4 ,border ,patrol sector to avoid subjecting detainees to long wait times at remote border patrol stations4 7#d7 ,use of official duty time ,a ,u4,s4 ,border ,patrol agent shall be credited with work time for the process of obtaining and maintaining a commercial driver's license under paragraph 7#a74 7#e7 ,reports to congress ,the ,secretary shall submit quarterly reports regarding the average length of detainees' stay at ,u4,s4 ,border ,patrol stations to-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,homeland ,security of the ,house of ,representatives4 #bcje4 ,,gao study of waiver of environmental and other laws ,the ,comptroller ,general of the ,united ,states shall study the impact of the authority of the ,secretary1 under section #ajb7;c7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7,division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #aajc note71 to waive otherwise applicable legal requirements to expedite the construction of barriers and roads near ,united ,states borders1 including the impact of such waiver on the environment1 ,indian lands1 and border communities4 #bcjf4 ,establishment of ,border ,community ,stakeholder ,advisory ,committee 7a7 ,in general ,subtitle ,b of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa et seq47 is amended by inserting after section #dae the following3 #daf4 ,border ,community ,stakeholder ,advisory ,committee 7a7 ,definitions ,in this section3 7#a7 ,advisory committee ,the term ,advisory ,committee means the ,border ,community ,stakeholder ,advisory committee established pursuant to subsection 7b74 7#b7 ,border community stakeholder ,the term border community stakeholder means an individual who has ownership interests or resides near an international land border of the ,united ,states1 including-- 7,a7 an individual who owns land within #aj miles of an international land border of the ,united ,states2 7,b7 a business leader of a company operating within #ajj miles of a land border of the ,united ,states2 7,c7 a local official from a community on a land border of the ,united ,states2 7,d7 a representative of an ,indian ,tribe possessing ,tribal lands on a land border of the ,united ,states2 and 7,e7 a representative of a human rights or civil rights organization operating near a land border of the ,united ,states4 7b7 ,establishment ,the ,secretary shall establish1 within the ,department1 the ,border ,community ,stakeholder ,advisory ,committee4 7c7 ,duties 7#a7 ,in general ,the ,secretary shall consult with the ,advisory ,committee1 as appropriate1 regarding border security and immigration enforcement matters1 including on the development1 refinement1 and implementation of policies1 protocols1 programs1 and rulemaking pertaining to border security and immigration enforcement that may impact border communities4 7#b7 ,recommendations ,the ,advisory ,committee shall develop1 at the request of the ,secretary1 recommendations regarding policies1 protocols1 programs1 and rulemaking pertaining to border security and immigration enforcement that may impact border communities4 7d7 ,membership 7#a7 ,appointment 7,a7 ,in general ,the ,secretary shall appoint the members of the ,advisory ,committee4 7,b7 ,composition ,the ,advisory ,committee shall be composed of-- 7i7 #a border community stakeholder from each of the #i ,u4,s4 ,border ,patrol sectors2 and 7ii7 #c individuals with significant expertise and experience in immigration law1 civil rights1 and civil liberties1 particularly relating to the interests of residents of border communities4 7#b7 ,term of office 7,a7 ,terms ,the term of each member of the ,advisory ,committee shall be #b years4 ,the ,secretary may reappoint members for additional terms4 7,b7 ,removal ,the ,secretary may review the participation of a member of the ,advisory ,committee and remove such member for cause at any time4 7#c7 ,prohibition on compensation ,the members of the ,advisory ,committee may not receive pay1 allowances1 or benefits from the ,federal ,government by reason of their service on the ,advisory ,committee4 7#d7 ,meetings 7,a7 ,in general ,the ,secretary shall require the ,advisory ,committee to meet at least semiannually and may convene additional meetings as necessary4 7,b7 ,public meetings ,at least #a of the meetings described in subparagraph 7,a7 shall be open to the public4 7,c7 ,attendance ,the ,advisory ,committee shall maintain a record of the persons present at each meeting4 7#e7 ,member access to sensitive security information 7,a7 ,access ,if the ,secretary determines that there is no cause to restrict a member of the ,advisory ,committee from possessing sensitive security information1 the member may be granted access to such information that is relevant to the member's advisory duties after voluntarily signing a nondisclosure agreement4 7,b7 ,restrictions on use ,the member shall protect the sensitive security information referred to in subparagraph 7,a7 in accordance with part #aebj of title #di1 ,code of ,federal ,regulations4 7#f7 ,chairperson ,a stakeholder representative on the ,advisory ,committee who is elected by the appointed membership of the ,advisory ,committee shall chair the ,advisory ,committee4 7e7 ,nonapplicability of ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,advisory ,committee or any of its subcommittees4 4 7b7 ,appropriations ,there are authorized to be appropriated such sums as may be necessary to implement this section4 7c7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif7 is amended by inserting after the item relating to section #dae the following3 ,sec4 #daf4 ,border ,community ,stakeholder ,advisory ,committee4 4 #bcjg4 ,rescue beacons ,section #daa7o7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7o77 is amended by adding at the end the following3 7#c7 ,rescue beacons ,beginning on ,october #a1 #bjba1 in carrying out subsection 7c77#h71 the ,commissioner shall purchase1 deploy1 and maintain additional self-powering1 #i-a-a cellular relay rescue beacons along the southern border of the ,united ,states at appropriate locations1 as determined by the ,commissioner1 to effectively mitigate migrant deaths4 4 #bcjh4 ,use of force 7a7 ,department of ,homeland ,security policies 7#a7 ,issuance ,the ,secretary1 in coordination with the ,assistant ,attorney ,general for the ,civil ,rights1 shall issue policies governing the use of force by all ,department of ,homeland ,security personnel4 7#b7 ,consultation requirement ,in developing policies pursuant to paragraph 7#a71 the ,secretary shall consult with law enforcement and civil rights organizations to ensure that such policies-- 7,a7 focus law enforcement efforts and tactics on protecting public safety and national security that are consistent with our ,nation's values2 and 7,b7 leverage best practices and technology to provide such protection4 7b7 ,public reporting ,not later than #bd hours after any use-of-force incident that results in serious injury to1 or the death of1 an officer1 agent1 or member of the public1 the ,secretary shall-- 7#a7 make the facts of such incident public2 and 7#b7 comply fully with the requirements set forth in section #c of the ,death in ,custody ,reporting ,act of #bjac 7#db ,u4,s4,c4 #acgbg;a74 #bcji4 ,office of ,professional ,responsibility 7a7 ,in general ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall hire1 train1 and assign sufficient ,office of ,professional ,responsibility special agents to ensure that there is #a such special agent for every #cj officers to investigate criminal and administrative matters and misconduct by officers and other employees of ,u4,s4 ,customs and ,border ,protection4 7b7 ,contracts ,the ,commissioner is authorized to enter into such contracts as may be necessary to carry out this section4 ,d ,improving border infrastructure for families and children2 cracking down on criminal organizations #bdja4 ,humanitarian and medical standards for individuals in ,u4,s4 ,customs and ,border ,protection custody 7a7 ,in general ,the ,secretary1 in coordination with the ,secretary of ,health and ,human ,services1 and in consultation with nongovernmental experts in the delivery of humanitarian response and health care1 shall develop guidelines and protocols for basic minimum standards of care for individuals in the custody of ,u4,s4 ,customs and ,border ,protection4 7b7 ,issues addressed ,the guidelines and protocols described in subsection 7a7 shall ensure that the staffing1 physical facilities1 furnishings1 and supplies are adequate to provide each detainee with appropriate-- 7#a7 medical care1 including initial health screenings and medical assessments2 7#b7 water1 sanitation1 and hygiene2 7#c7 food and nutrition2 7#d7 clothing and shelter2 7#e7 quiet1 dimly illuminated sleeping quarters if he or she is detained overnight2 7#f7 information about available services and legal rights1 in the common language spoken by the detainee1 and access to a telephone2 and 7#g7 freedom to practice the detainee's religion4 #bdjb4 ,child welfare at the border 7a7 ,guidelines ,the ,secretary1 in consultation with appropriate ,federal1 ,state1 and local government officials1 pediatricians1 and child welfare experts and private sector agencies1 shall develop additional guidelines for the treatment of children in the custody of ,u4,s4 ,customs and ,border ,protection4 7b7 ,guiding principle ,the guiding principle of the guidelines developed pursuant to subsection 7a7 shall be the best interest of the child and shall include-- 7#a7 appropriate training for all ,department of ,homeland ,security personnel and cooperating entity personnel who have contact with children relating to the care and custody of children2 7#b7 ensuring the availability of qualified child welfare professionals and licensed medical professionals1 as appropriate2 7#c7 a reliable system for identifying and reporting allegations of child abuse or neglect2 7#d7 prohibiting the removal of a child from a parent or legal guardian for the purpose of deterring individuals from migrating to the ,united ,states or promoting compliance with the ,united ,states immigration laws2 7#e7 reasonable arrangements for unannounced visits and inspections by the ,office of ,inspector ,general of the ,department of ,homeland ,security1 nongovernmental organizations1 and ,state and local child welfare agencies2 and 7#f7 the preservation of all records associated with children in the custody of the ,department of ,homeland ,security1 including records of-- 7,a7 the identities of the children2 7,b7 any known family members of the children2 and 7,c7 reported incidents of abuse of the children while in custody4 7c7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to implement this section4 #bdjc4 ,office of ,inspector ,general oversight ,not later than #f months after the date of the enactment of this ,act and every #f months thereafter1 the ,inspector ,general of the ,department of ,homeland ,security1 in coordination with the ,secretary of ,health and ,human ,services1 shall submit a report to the appropriate congressional committees regarding-- 7#a7 the status of the implementation of sections #bdja and #bdjb2 and 7#b7 findings made after announced and unannounced inspections to ,department of ,homeland ,security facilities4 #bdjd4 ,enhanced investigation and prosecution of human smuggling networks and trafficking organizations ,the ,attorney ,general and the ,secretary shall expand collaboration on the investigation and prosecution of human smuggling networks and trafficking organizations targeting migrants1 asylum seekers1 and unaccompanied children and operating at the southwestern border of the ,united ,states1 including the continuation and expansion of anti-trafficking coordination teams4 #bdje4 ,enhanced penalties for organized smuggling schemes 7a7 ,in general ,section #bgd7;a77#a77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd7;a77#a77;,b77 is amended-- 7#a7 by redesignating clauses 7iii7 and 7iv7 as clauses 7iv7 and 7v71 respectively2 7#b7 by inserting after clause 7ii7 the following3 7iii7 in the case of a violation of subparagraph 7,a77i7 during and in relation to which the person1 while acting for profit or other financial gain1 knowingly directs or participates in a scheme to cause #aj or more persons 7other than a parent1 spouse1 sibling1 son or daughter1 grandparent1 or grandchild of the offender7 to enter or to attempt to enter the ,united ,states at the same time at a place other than a designated port of entry or place other than designated by the ,secretary1 be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #ae years1 or both2 2 and 7#c7 in clause 7iv71 as redesignated1 by inserting commits or attempts to commit sexual assault of1 after section #acfe of title #ah1 ,united ,states ,code7 to14 7b7 ,bulk cash smuggling ,section #eccb7;b77#a7 of title #ca1 ,united ,states ,code1 is amended-- 7#a7 in the paragraph heading1 by striking ,term of imprisonment4-- and inserting ,in general4--2 and 7#b7 by inserting 1 fined under title #ah1 or both after #e years4 #bdjf4 ,expanding financial sanctions on narcotics trafficking and money laundering 7a7 ,financial sanctions expansion ,the ,secretary of the ,treasury1 the ,attorney ,general1 the ,secretary of ,state1 the ,secretary of ,defense1 and the ,director of ,central ,intelligence shall expand investigations1 intelligence collection1 and analysis pursuant to the ,foreign ,narcotics ,kingpin ,designation ,act 7#ba ,u4,s4,c4 #aija et seq47 to increase the identification and application of sanctions against-- 7#a7 significant foreign narcotics traffickers and their organizations and networks2 and 7#b7 foreign persons1 including government officials1 who provide material1 financial1 or technological support to such traffickers1 organizations1 or networks4 7b7 ,specific targets ,the activities described in subsection 7a7 shall specifically target foreign narcotics traffickers1 their organizations and networks1 and the foreign persons1 including government officials1 who provide material1 financial1 or technological support to such traffickers1 organizations1 and networks that are present and operating in ,central ,america4 7c7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out subsection 7a74 #bdjg4 ,support for transnational anti-gang task forces for countering criminal gangs ,the ,director of the ,federal ,bureau of ,investigation1 the ,director of the ,drug ,enforcement ,administration1 and the ,secretary1 in coordination with the ,secretary of ,state1 shall expand the use of transnational task forces that seek to address transnational crime perpetrated by gangs in ,el ,salvador1 ,guatemala1 ,honduras1 and any other identified country by-- 7#a7 expanding transnational criminal investigations focused on criminal gangs in identified countries1 such as ,,ms-#ac and #ahth ,street2 7#b7 expanding training and partnership efforts with law enforcement entities in identified countries to disrupt and dismantle criminal gangs1 both internationally and in their respective countries2 7#c7 establishing or expanding gang-related investigative units2 7#d7 collecting and disseminating intelligence to support related ,united ,states-based investigations2 and 7#e7 expanding programming related to gang intervention and prevention for at-risk youth4 #bdjh4 ,hindering immigration1 border1 and customs controls 7a7 ,personnel and structures ,title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq47 is amended by inserting after section #bgd;,d the following3 #bgd;,e4 ,hindering immigration1 border1 and customs controls 7a7 ,illicit spotting 7#a7 ,in general ,it shall be unlawful to knowingly surveil1 track1 monitor1 or transmit the location1 movement1 or activities of any officer or employee of a ,federal1 ,state1 or ,tribal law enforcement agency with the intent-- 7,a7 to gain financially2 and 7,b7 to violate-- 7i7 the immigration laws2 7ii7 the customs and trade laws of the ,united ,states 7as defined in section #b7d7 of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7,public ,law #aad-abe772 7iii7 any other ,federal law relating to transporting controlled substances1 agriculture1 or monetary instruments into the ,united ,states2 or 7iv7 any ,federal law relating to border controls measures of the ,united ,states4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #e years1 or both4 7b7 ,destruction of ,united ,states border controls 7#a7 ,in general ,it shall be unlawful to knowingly and without lawful authorization-- 7,a7 destroy or significantly damage any fence1 barrier1 sensor1 camera1 or other physical or electronic device deployed by the ,federal ,government to control an international border of1 or a port of entry to1 the ,united ,states2 or 7,b7 otherwise construct1 excavate1 or make any structure intended to defeat1 circumvent or evade such a fence1 barrier1 sensor camera1 or other physical or electronic device deployed by the ,federal ,government to control an international border of1 or a port of entry to1 the ,united ,states4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #e years1 or both4 4 7b7 ,clerical amendment ,the table of contents of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after the item relating to section #bgd;,d the following3 ,sec4 #bgd;,e4 ,hindering immigration1 border1 and customs controls4 4 ,,iii ,reform of the immigrant visa system ,a ,promoting family reunification #caja4 ,recapture of immigrant visas lost to bureaucratic delay 7a7 ,worldwide level of family-,sponsored immigrants ,section #bja7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;c77 is amended to read as follows3 7c7 ,worldwide level of family-,sponsored immigrants 7#a7 ,in general ,the worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to the sum of-- 7,a7 #dhj1jjj2 7,b7 the number computed under paragraph 7#b72 and 7,c7 the number computed under paragraph 7#c74 7#b7 ,unused visa numbers from previous fiscal year ,the number computed under this paragraph for a fiscal year is the difference1 if any1 between-- 7,a7 the worldwide level of employment-based immigrant visas established for the previous fiscal year2 and 7,b7 the number of visas issued under section #bjc7;b7 during the previous fiscal year4 7#c7 ,unused visa numbers from fiscal years #aiib through #bjbj ,the number computed under this paragraph is the difference1 if any1 between-- 7,a7 the difference1 if any1 between-- 7i7 the sum of the worldwide levels of family-sponsored immigrant visas established for fiscal years #aiib through #bjbj2 and 7ii7 the number of visas issued under section #bjc7;a7 during such fiscal years2 and 7,b7 the number of visas resulting from the calculation under subparagraph 7,a7 that were issued after fiscal year #bjbj under section #bjc7;a74 4 7b7 ,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 #agj1jjj2 7,b7 the number computed under paragraph 7#b72 and 7,c7 the number computed under paragraph 7#c74 7#b7 ,unused visa numbers from previous fiscal year ,the number computed under this paragraph for a fiscal year is the difference1 if any1 between-- 7,a7 the worldwide level of family-sponsored immigrant visas established for the previous fiscal year2 and 7,b7 the number of visas issued under section #bjc7;a7 during the previous fiscal year4 7#c7 ,unused visa numbers from fiscal years #aiib through #bjbj ,the number computed under this paragraph is the difference1 if any1 between-- 7,a7 the difference1 if any1 between-- 7i7 the sum of the worldwide levels of employment-based immigrant visas established for each of fiscal years #aiib through #bjbj2 and 7ii7 the number of visas issued under section #bjc7;b7 during such fiscal years2 and 7,b7 the number of visas resulting from the calculation under subparagraph 7,a7 that were issued after fiscal year #bjbj under section #bjc7;b74 4 7c7 ,effective date ,the amendments made by this section shall apply to each fiscal year beginning with fiscal year #bjbb4 #cajb4 ,reclassification of spouses and minor children of lawful permanent residents as immediate relatives 7a7 ,in general ,section #bja7;b77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;b77#b77 is amended to read as follows3 7#b7 ,immediate relatives 7,a7 ,in general 7i7 ,immediate relative defined ,in this ,act1 the term immediate relative includes-- 7,i7 a child1 spouse1 and parent of a citizen of the ,united ,states1 except that1 in the case of parents1 such citizen of the ,united ,states shall be at least #ba years of age2 7,,ii7 a child or spouse of a lawful permanent resident2 and 7,,iii7 for each family member of a citizen of the ,united ,states or lawful permanent resident described in subclauses 7,i7 and 7,,ii71 the family member's spouse or child who is accompanying or following to join the family member4 7ii7 ,previously issued visa ,a noncitizen admitted under section #baa7;a7 on the basis of a prior issuance of a visa under section #bjc7;a7 to his or her immediate relative accompanying parent is an immediate relative4 7iii7 ,parents and children ,a noncitizen who was the child or parent of a citizen of the ,united ,states or a child of a lawful permanent resident on the date of the death of the ,united ,states citizen or lawful permanent resident is an immediate relative if the noncitizen files a petition under section #bjd7;a77#a77;,a77ii7 not later than #b years after such date or before attaining #ba years of age4 7iv7 ,spouses ,a noncitizen who was the spouse of a citizen of the ,united ,states or lawful permanent resident for not less than #b years on the date of death of the ,united ,states citizen or lawful permanent resident 7or1 if married for less than #b years on such date1 proves by a preponderance of the evidence that the marriage was entered into in good faith and not solely for the purpose of obtaining an immigration benefit and the noncitizen was not legally separated from the citizen of the ,united ,states or lawful permanent resident on such date7 and each child of such noncitizen shall be considered1 for purposes of this subsection1 an immediate relative after such date if the spouse files a petition under section #bjd7;a77#a77;,a77ii7 before the date on which the spouse remarries4 7v7 ,special rule ,for purposes of this subparagraph1 a noncitizen who has filed a petition under clause 7iii7 or 7iv7 of section #bjd7;a77#a77;,a7 remains an immediate relative if the ,united ,states citizen or lawful permanent resident spouse or parent loses ,united ,states citizenship or lawful permanent residence on account of the abuse4 7,b7 ,birth during temporary visit abroad ,a noncitizen born to a lawful permanent resident during a temporary visit abroad is an immediate relative4 4 7b7 ,allocation of immigrant visas ,section #bjc7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;a77 is amended-- 7#a7 in paragraph 7#a71 by striking #bc1djj and inserting #bf4e percent of such worldwide level2 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,unmarried sons and unmarried daughters of lawful permanent residents ,qualified immigrants who are the unmarried sons or unmarried daughters 7but are not the children7 of lawful permanent residents shall be allocated visas in a number not to exceed #af4h percent of such worldwide level1 plus any visas not required for the class specified in paragraph 7#a74 2 7#c7 in paragraph 7#c71 by striking #bc1djj and inserting #af4h percent of such worldwide level2 and 7#d7 in paragraph 7#d71 by striking #fe1jjj and inserting #ci4i percent of such worldwide level4 7c7 ,conforming amendments 7#a7 ,rules for determining whether certain noncitizens are immediate relatives ,section #bja7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;f77 is amended-- 7,a7 in paragraph 7#a71 by striking paragraphs 7#b7 and 7#c71 and inserting paragraph 7#b712 7,b7 by striking paragraph 7#b72 7,c7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#b7 and 7#c71 respectively2 and 7,d7 in paragraph 7#c71 as redesignated by subparagraph 7,c71 by striking through 7#c7 and inserting and 7#b74 7#b7 ,allocation of immigration visas ,section #bjc7;h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;h77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking subsections 7a77#b77;,a7 and 7d7 and inserting subsection 7d72 7ii7 in subparagraph 7,a71 by striking becomes available for such noncitizen 7or1 in the case of subsection 7d71 the date on which an immigrant visa number became available for the noncitizen's parent71 and inserting became available for the noncitizen's parent12 and 7iii7 in subparagraph 7,b71 by striking applicable2 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,petition described ,the petition described in this paragraph is a petition filed under section #bjd for classification of a noncitizen's parent under subsection 7a71 7b71 or 7c74 2 and 7,c7 in paragraph 7#c71 by striking subsections 7a77#b77;,a7 and 7d7 and inserting subsection 7d74 7#c7 ,procedure for granting immigrant status ,section #bjd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7 is amended-- 7,a7 in subsection 7a77#a7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7i71 by inserting or lawful permanent resident after citizen of the ,united ,states2 7,,ii7 in clause 7ii71 by striking described in the second sentence of section #bja7;b77#b77;,a77i7 also and inserting 1 noncitizen child1 or noncitizen parent described in section #bja7;b77#b77;,a72 7,,iii7 in clause 7iii7-- 7aa7 in subclause 7,i77aa71 by inserting or lawful permanent resident after citizen2 and 7bb7 in subclause 7,,ii77aa7-- 7,,aa7 in subitems 7,,aa7 and 7,,bb71 by inserting or lawful permanent resident2 after citizen of the ,united ,states each place it appears2 and 7,,bb7 in subitem 7,,cc71 by inserting or lawful permanent resident after ,united ,states citizen each place it appears and by inserting or lawful permanent resident after citizenship2 7,,iv7 in clause 7iv7-- 7aa7 by striking citizen of the ,united ,states and inserting ,united ,states citizen or lawful permanent resident parent2 7bb7 by inserting or lawful permanent resident after ,united ,states citizen2 7cc7 by inserting or lawful permanent resident after citizenship2 7dd7 by striking citizen parent may and inserting ,united ,states citizen or lawful permanent resident parent may2 7ee7 by striking citizen parent4 and inserting ,united ,states citizen or lawful permanent resident parent42 and 7ff7 by striking residence includes and inserting residence with a parent includes2 7,v7 in clause 7v77,i71 by inserting or lawful permanent resident after citizen2 7,,vi7 in clause 7vi7-- 7aa7 by inserting or lawful permanent resident status after renunciation of citizenship2 and 7bb7 by inserting or lawful permanent resident after abuser's citizenship2 and 7,,vii7 in clause 7viii77,i7-- 7aa7 by striking citizen of the ,united ,states and inserting ,united ,states citizen or lawful permanent resident2 and 7bb7 by inserting or lawful permanent resident after the citizen2 7ii7 by striking subparagraph 7,b72 7iii7 in subparagraph 7,c71 by striking subparagraph 7,a77iii71 7,a77iv71 7,b77ii71 or 7,b77iii7 and inserting clause 7iii7 or 7iv7 of subparagraph 7,a72 7iv7 in subparagraph 7,d7-- 7,i7 in clause 7i77,i71 by striking clause 7iv7 of section #bjd7;a77#a77;,a7 or section #bjd7;a77#a77;,b77iii7 each place it appears and inserting subparagraph 7,a77iv72 7,,ii7 in clause 7ii71 by striking subparagraph 7,a77iii71 7,a77iv71 7,b77ii7 or 7,b77iii7 and inserting clause 7iii7 or 7iv7 of subparagraph 7,a72 7,,iii7 in clause 7iv71 by striking subparagraph 7,a77iii71 7,a77iv71 7,b77ii71 or 7,b77iii7 and inserting clause 7iii7 or 7iv7 of subparagraph 7,a72 and 7,,iv7 in clause 7v71 by striking or 7,b77iii72 7v7 in subparagraph 7,j7-- 7,i7 by striking or clause 7ii7 or 7iii7 of subparagraph 7,b72 and 7,,ii7 by striking subparagraphs 7,c7 and 7,d7 and inserting subparagraphs 7,b7 and 7,c72 and 7vi7 by redesignating subparagraphs 7,c7 through 7,l7 as subparagraphs 7,b7 through 7,k71 respectively2 7,b7 in subsection 7a71 by striking paragraph 7#b72 7,c7 in subsection 7h7-- 7i7 in the first sentence1 by striking or a petition filed under subsection 7a77#a77;,b77ii7 pursuant to conditions described in subsection 7a77#a77;,a77iii77#a72 and 7ii7 in the second sentence-- 7,i7 by striking section #bjd7;a77#a77;,b77ii7 or #bjd7;a77#a77;,a77iii7 and inserting subsection 7a77#a77;,a77iii72 and 7,,ii7 by striking section #bjd7;a77#a77;,a7 or in section #bjd7;a77#a77;,b77iii7 and inserting subsection 7a77#a77;,a72 7,d7 in subsection 7i77#a71 by striking subsection 7a77#d77;,d7 and inserting subsection 7a77#a77;,d72 7,e7 in subsection 7j71 by striking subsection 7a77#a77;,d7 and inserting subsection 7a77#a77;,e72 and 7,f7 in subsection l7#a7-- 7i7 by striking who resided in the ,united ,states at the time of the death of the qualifying relative and who continues to reside in the ,united ,states2 and 7ii7 by striking any related applications1 and inserting any related applications 7including affidavits of support714 7#d7 ,additional conforming amendments 7,a7 ,section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77 is amended-- 7i7 in paragraph 7#ej71 by striking 1 #bjd7;a77#a77;,b77ii77,,ii77aa77,,bb712 and 7ii7 in paragraph 7#ea7-- 7,i7 by striking subparagraph 7,b72 and 7,,ii7 by redesignating subparagraphs 7,c7 through 7,g7 as subparagraphs 7,b7 through 7,f71 respectively4 7,b7 ,section #bab7;a77#d77;,c77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#d77;,c77i77 is amended-- 7i7 by striking subclause 7,,ii72 and 7ii7 by redesignating subclause 7,,iii7 as subclause 7,,ii74 7,c7 ,section #bdj7;c77#g77;,c77iv77,i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7c77#g77;,c77iv77,i77 is amended by striking 1 clause 7ii7 or 7iii7 of section #bjd7;a77#a77;,b714 #cajc4 ,adjustment of family-sponsored per-country limits ,section #bjb7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb7;a77 is amended-- 7#a7 in paragraph 7#b71 by striking #g percent 7in the case of a single foreign state7 or #b percent and inserting #bj percent 7in the case of a single foreign state7 or #e percent2 and 7#b7 by amending paragraph 7#d7 to read as follows3 7#d7 ,limiting pass down for certain countries subject to subsection 7e7 ,in the case of a foreign state or dependent area to which subsection 7e7 applies1 if the total number of visas issued under section #bjc7;a77#b7 exceeds the maximum number of visas that may be made available to immigrants of the state or area under section #bjc7;a77#b7 consistent with subsection 7e7 7determined without regard to this paragraph71 in applying paragraphs 7#c7 and 7#d7 of section #bjc7;a7 under subsection 7e77#b7 all visas shall be deemed to have been required for the classes specified in paragraphs 7#a7 and 7#b7 of such section4 4 #cajd4 ,promoting family unity 7a7 ,repeal of #c-,year1 #aj-,year1 and permanent bars ,section #bab7;a77#i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i77 is amended to read as follows3 7#i7 ,noncitizens previously removed 7,a7 ,arriving noncitizen ,any noncitizen who has been ordered removed under section #bce7;b77#a7 or at the end of proceedings under section #bdj initiated upon the noncitizen's arrival in the ,united ,states and who again seeks admission within #e years of the date of such removal 7or within #bj years in the case of a second or subsequent removal or at any time in the case of a noncitizen convicted of an aggravated felony7 is inadmissible4 7,b7 ,other noncitizens ,any noncitizen not described in subparagraph 7,a7 who seeks admission within #aj years of the date of such noncitizen's departure or removal 7or within #bj years of such date in the case of a second or subsequent removal or at any time in the case of a noncitizen convicted of an aggravated felony7 is inadmissible if the noncitizen-- 7i7 has been ordered removed under section #bdj or any other provision of law2 or 7ii7 departed the ,united ,states while an order of removal was outstanding4 7,c7 ,exception ,subparagraphs 7,a7 and 7,b7 shall not apply to a noncitizen seeking admission within a period if1 prior to the date of the noncitizen's reembarkation at a place outside the ,united ,states or attempt to be admitted from foreign contiguous territory1 the ,secretary of ,homeland ,security has consented to the noncitizen's reapplying for admission4 4 7b7 ,misrepresentation of citizenship ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7#a7 in section #bab7;a77#f77;,c7 7#h ,u4,s4,c4 #aahb7;a77#f77;,c771 by amending clause 7ii7 to read as follows3 7ii7 ,misrepresentation of citizenship 7,i7 ,in general ,any noncitizen who willfully misrepresents1 or has willfully misrepresented1 himself or herself to be a citizen of the ,united ,states for any purpose or benefit under this ,act 7including section #bgd;,a7 or any ,federal or ,state law is inadmissible4 7,,ii7 ,exception ,in the case of a noncitizen who was under the age of #ba years at the time of making a misrepresentation described in subclause 7,i71 the noncitizen shall not be considered to be inadmissible under any provision of this subsection based on such misrepresentation4 2 and 7#b7 in section #bcg7;a77#c7 7#h ,u4,s4,c4 #abbg7;a77#c771 by amending subparagraph 7,d7 to read as follows3 7,d7 ,misrepresentation of citizenship 7i7 ,in general ,any noncitizen who willfully misrepresents1 or has willfully misrepresented1 himself or herself to be a citizen of the ,united ,states for any purpose or benefit under this ,act 7including section #bgd;,a7 or any ,federal or ,state law is deportable4 7ii7 ,exception ,in the case of a noncitizen who was under the age of #ba years at the time of making a misrepresentation described in clause 7i71 the noncitizen shall not be considered to be deportable under any provision of this subsection based on such misrepresentation4 4 #caje4 ,relief for orphans1 widows1 and widowers 7a7 ,processing of immigrant visas and derivative petitions 7#a7 ,in general ,section #bjd7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;b77 is amended-- 7,a7 by striking 7b7 ,after an investigation and inserting the following3 7b7 ,approval of petition 7#a7 ,in general ,after an investigation 2 and 7,b7 by adding at the end the following3 7#b7 ,death of qualifying relative 7,a7 ,in general ,a noncitizen described in subparagraph 7,c7 the qualifying relative of whom dies before the completion of immigrant visa processing may have an immigrant visa application adjudicated as if such death had not occurred4 7,b7 ,continued validity of visa ,an immigrant visa issued to a noncitizen before the death of his or her qualifying relative shall remain valid after such death4 7,c7 ,noncitizen described ,a noncitizen described in this subparagraph is a noncitizen who1 at the time of the death of his or her qualifying relative1 was-- 7i7 an immediate relative 7as described in section #bja7;b77#b77;,a772 7ii7 a family-sponsored immigrant 7as described in subsection 7a7 or 7d7 of section #bjc72 7iii7 a derivative beneficiary of an employment-based immigrant under section #bjc7;b7 7as described in section #bjc7;d772 or 7iv7 the spouse or child of a refugee 7as described in section #bjg7;c77#b77 or an asylee 7as described in section #bjh7;b77#c774 4 7#b7 ,transition period 7,a7 ,in general ,notwithstanding a denial or revocation of an application for an immigrant visa for a noncitizen the qualifying relative of whom dies before the date of the enactment of this ,act1 such application may be renewed by the noncitizen by a motion to reopen1 without fee4 7,b7 ,inapplicability of bars to entry ,notwithstanding section #bab7;a77#i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i771 the application for an immigrant visa of a noncitizen the qualifying relative of whom died before the date of the enactment of this ,act shall be considered if the noncitizen was excluded1 deported1 removed1 or departed voluntarily before the date of the enactment of this ,act4 7b7 ,eligibility for parole ,if a noncitizen described in section #bjd7l7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7l771 was excluded1 deported1 removed1 or departed voluntarily before the date of the enactment of this ,act-- 7#a7 such noncitizen shall be eligible for parole into the ,united ,states pursuant to the ,secretary's discretionary authority under section #bab7;d77#e7 of such ,act 7#h ,u4,s4,c4 #aahb7;d77#e772 and 7#b7 such noncitizen's application for adjustment of status shall be considered notwithstanding section #bab7;a77#i7 of such ,act 7#h ,u4,s4,c4 #aahb7;a77#i774 7c7 ,naturalization ,section #cai7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adcj7;a77 is amended by inserting 7or1 if the spouse is deceased1 the spouse was a citizen of the ,united ,states7 after citizen of the ,united ,states4 7d7 ,family-,sponsored immigrants ,section #bab7;a77#d77;,c77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#d77;,c77i771 as amended by section #cajb1 is further amended-- 7#a7 in subclause 7,i71 by striking 1 or and inserting a semicolon2 and 7#b7 by adding at the end the following3 7,,iii7 status as a surviving relative under section #bjd7l72 or 4 #cajf4 ,exemption from immigrant visa limit for certain veterans who are natives of the ,philippines 7a7 ,short title ,this section may be cited as the ,filipino ,veterans ,family ,reunification ,act4 7b7 ,noncitizens not subject to direct numerical limitations ,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 ,noncitizens who are eligible for an immigrant visa under paragraph 7#a7 or 7#c7 of section #bjc7;a7 and who have a parent who was naturalized pursuant to section #dje of the ,immigration ,act of #aiij 7#h ,u4,s4,c4 #addj note74 4 #cajg4 ,fiance or fianc child status protection 7a7 ,in general ,section #aja7;a77#ae77,k7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,k77 is amended-- 7#a7 in clause 7ii71 by striking section #bja7;b77#b77;,a77i7 and inserting section #bja7;b77#b77;,a77i77,i72 and 7#b7 by amending clause 7iii7 to read as follows3 7iii7 is the minor child of a noncitizen described in clause 7i7 or 7ii7 and is accompanying or following to join the noncitizen1 the age of such child to be determined as of the date on which the petition is submitted to the ,secretary of ,homeland ,security to classify the noncitizen's parent as the fiance or fianc of a ,united ,states citizen 7in the case of a noncitizen parent described in clause 7i77 or as the spouse of a ,united ,states citizen under section #bja7;b77#b77;,a77i77,i7 7in the case of a noncitizen parent described in clause 7ii772 4 7b7 ,adjustment of status authorized ,section #bad7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;d77 is amended-- 7#a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 7#b7 in paragraph 7#a7-- 7,a7 in the third sentence-- 7i7 by striking paragraph 7#c77;,b7 and inserting paragraph 7#d77;,b72 and 7ii7 by striking paragraph 7#c77;,b77i7 and inserting paragraph 7#d77;,b77i72 and 7,b7 by striking the last sentence2 and 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 7,a7 ,if a noncitizen does not marry the petitioner under paragraph 7#a7 within #ij days after the noncitizen and the noncitizen's minor children are admitted into the ,united ,states1 such noncitizen and children shall be required to depart from the ,united ,states4 ,if such noncitizens fail to depart from the ,united ,states1 they shall be removed in accordance with sections #bdj and #bda4 7,b7 ,subject to subparagraphs 7,c7 and 7,d71 if a noncitizen marries the petitioner described in section #aja7;a77#ae77,k77i7 within #ij days after the noncitizen and the noncitizen's minor children are admitted into the ,united ,states1 the ,secretary of ,homeland ,security or the ,attorney ,general1 subject to the provisions of section #bde7;d71 may adjust the status of the noncitizen1 and any minor children accompanying or following to join the noncitizen1 to that of a lawful permanent resident on a conditional basis under section #baf if the noncitizen and any such minor children apply for such adjustment and are not determined to be inadmissible to the ,united ,states4 7,c7 ,paragraphs 7#e7 and 7#g77;,a7 of section #bab7;a7 shall not apply to a noncitizen who is eligible to apply for adjustment of status to that of a lawful permanent resident under this section4 7,d7 ,a noncitizen eligible for a waiver of inadmissibility as otherwise authorized under this ,act shall be permitted to apply for adjustment of status to that of a lawful permanent resident under this section4 4 7c7 ,age determination ,section #bde7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7;d77 is amended-- 7#a7 by inserting 7#a7 before ,the ,attorney ,general2 and 7#b7 by adding at the end the following3 7#b7 ,a determination of the age of a noncitizen admitted to the ,united ,states under section #aja7;a77#ae77,k77iii7 shall be made1 for purposes of adjustment of status to lawful permanent resident on a conditional basis under section #baf1 using the age of the noncitizen on the date on which the petition is submitted to the ,secretary of ,homeland ,security to classify the noncitizen's parent as the fiance or fianc of a ,united ,states citizen 7in the case of a noncitizen parent admitted to the ,united ,states under section #aja7;a77#ae77,k77i77 or as the spouse of a ,united ,states citizen under section #bja7;b77#b77;,a77i77,i7 7in the case of a noncitizen parent admitted to the ,united ,states under section #aja7;a77#ae77,k77ii774 4 7d7 ,effective date 7#a7 ,in general ,the amendments made by this section shall be effective as if included in the ,immigration ,marriage ,fraud ,amendments of #aihf 7,public ,law #ii-fci2 #ajj ,stat4 #cecg74 7#b7 ,applicability ,the amendments made by this section shall apply to all petitions or applications described in such amendments that-- 7,a7 are pending as of the date of the enactment of this ,act2 or 7,b7 have been denied1 but would have been approved if such amendments had been in effect at the time of adjudication of the petition or application4 7#c7 ,motion to reopen or reconsider ,a motion to reopen or reconsider a petition or an application described in paragraph 7#b77;,b7 shall be granted if such motion is submitted to the ,secretary or the ,attorney ,general not later than #b years after the date of the enactment of this ,act4 #cajh4 ,retention of priority dates ,section #bjc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7 is amended-- 7#a7 in subsection 7h71 by amending paragraph 7#c7 to read as follows3 7#c7 ,retention of priority date ,if the age of a noncitizen is determined under paragraph 7#a7 to be #ba years or older for purposes of subsection 7d71 and a parent of the noncitizen files a family-based petition for such noncitizen1 the priority date for such petition shall be the original priority date issued upon receipt of the original family-based or employment-based petition for which either parent was a beneficiary4 2 and 7#b7 by adding at the end the following3 7i7 ,permanent priority dates 7#a7 ,in general ,the priority date for any family-based or employment-based petition shall be the date of filing of the petition with the ,secretary of ,homeland ,security 7or the ,secretary of ,state1 if applicable71 unless the filing of the petition was preceded by the filing of a labor certification with the ,secretary of ,labor1 in which case that date shall constitute the priority date4 7#b7 ,retention of earliest priority date ,the beneficiary of any petition shall retain his or her earliest priority date based on any petition filed on his or her behalf that was approvable on the date on which it was filed1 regardless of the category of subsequent petitions4 4 #caji4 ,inclusion of permanent partners 7a7 ,immigration and ,nationality ,act ,section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a771 as amended by section #aajb1 is further amended by adding at the end3 7#ee7 ,permanent partner 7,a7 ,the term permanent partner means an individual #ah years of age or older who-- 7i7 is in a committed1 intimate relationship with another individual #ah years of age or older in which both parties intend a lifelong commitment2 7ii7 is financially interdependent with such other individual1 except that the ,secretary of ,homeland ,security or the ,secretary of ,state shall have the discretion to waive this requirement on a case-by-case basis for good cause2 7iii7 is not married to or in a permanent partnership with anyone other than such other individual2 7iv7 is unable1 in the jurisdiction of his or her domicile or the domicile of such other individual1 to contract with such other individual a marriage cognizable under this ,act2 and 7v7 is not a first-degree1 second-degree1 or third-degree blood relation of such other individual4 7,b7 ,any reference to spouse1 husband1 or wife1 or to the plurals of such terms1 shall be equally applicable to a permanent partner4 7,c7 ,any reference to marriage1 marital union1 married1 unmarried1 wedlock1 or any similar term shall be equally applicable to the union of permanent partners4 4 7b7 ,other immigration legislation ,the definition of permanent partner under section #aja7;a77#ee7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ee771 as added by subsection 7a71 and the meanings of the references described in that section shall apply to-- 7#a7 the ,,life ,act 7division ,b of the ,miscellaneous ,appropriations ,act1 #bjja1 as enacted into law by section #a7;a77#d7 of ,public ,law #ajf-eed72 7#b7 the ,cuban ,adjustment ,act 7#h ,u4,s4,c4 #abee note72 and 7#c7 the ,violence ,against ,women ,act of #bjjj 7division ,b of ,public ,law #ajf-chf2 #aad ,stat4 #adia74 7c7 ,inapplicability of ceremony requirement ,paragraph 7#ce7 of section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77 is amended by striking ,the term and inserting ,subject to paragraph 7#ee71 the term4 #caaj4 ,definition of child 7a7 ,titles ,i and ,,ii ,section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a77 is amended-- 7#a7 in subparagraph 7,b71 by striking 1 provided the child had not reached the age of #ah years at the time the marriage creating the status of stepchild occurred2 and 7#b7 by adding at the end the following3 7,h7 7i7 a biological child of a noncitizen permanent partner if the child was under the age of #ah years on the date on which the permanent partnership was formed2 or 7ii7 a child adopted by a noncitizen permanent partner while under the age of #af years if the child-- 7,i7 has been in the legal custody of1 and has resided with1 such adoptive parent for at least #b years2 and 7,,ii7 was under the age of #ah years at the time the permanent partnership was formed4 4 7b7 ,title ,,iii ,section #aja7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;c77 is amended-- 7#a7 in paragraph 7#a71 by inserting and an individual described in subsection 7b77#a77;,h7 after ,the term child means an unmarried person under twenty-one years of age2 and 7#b7 in paragraph 7#b71 by inserting and the deceased permanent partner of a deceased parent1 father1 or mother1 after deceased parent1 father1 and mother4 #caaa4 ,termination of conditional permanent resident status for certain noncitizen permanent partners and sons and daughters upon finding qualifying permanent partnership improper ,section #baf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahf;a7 is amended-- 7#a7 in subsection 7b77#a77;,a77ii71 by inserting or has ceased to satisfy the criteria for being considered a permanent partnership under this ,act1 after terminated12 7#b7 in subsection 7c77#d77;,b71 by striking terminated 7other than through the death of the spouse7 and inserting terminated1 or has ceased to satisfy the criteria for being considered a permanent partnership under this ,act1 other than through the death of the spouse12 and 7#c7 in subsection 7d77#a77;,a77i77,,ii71 by inserting or has not ceased to satisfy the criteria for being considered a permanent partnership under this ,act1 after terminated14 #caab4 ,nationality at birth ,section #cja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adja7 is amended by adding at the end the following3 7i7 ,any reference to a person born of parents in this section shall include-- 7#a7 any legally recognized parent-child relationship formed within the first year of a person's life regardless of any genetic or gestational relationship2 7#b7 either parent of a child born through assisted reproductive technology who is legally recognized as a parent in the relevant jurisdiction regardless of any genetic or gestational relationship2 and 7#c7 the spouse of a parent at the time of birth1 in any case in which-- 7,a7 at least #a parent is a legally recognized parent2 and 7,b7 the marriage occurred before the child's birth and is recognized in the ,united ,states1 regardless of where the parents reside4 4 ,b ,national origin-,based antidiscrimination for nonimmigrants #cbja4 ,expansion of nondiscrimination provision ,section #bjb7;a77#a77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb7;a77#a77;,a77 is amended-- 7#a7 by inserting or a nonimmigrant visa1 admission or other entry into the ,united ,states1 or the approval or revocation of any immigration benefit after immigrant visa2 7#b7 by inserting religion1 after sex12 and 7#c7 by inserting 1 except if expressly required by statute1 or if a statutorily authorized benefit takes into consideration such factors before the period at the end4 #cbjb4 ,transfer and limitations on authority to suspend or restrict the entry of a class of noncitizens ,section #bab7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;f77 is amended to read as follows3 7f7 ,authority ,to suspend or restrict the entry of a class of noncitizens 7#a7 ,in general ,subject to paragraph 7#b71 if the ,secretary of ,state1 in consultation with the ,secretary of ,homeland ,security1 determines1 based on specific and credible facts1 that the entry of any noncitizens or any class of noncitizens into the ,united ,states would undermine the security or public safety of the ,united ,states1 or the preservation of human rights1 democratic processes or institutions1 or international stability1 the ,president may temporarily-- 7,a7 suspend the entry of such noncitizens or class of noncitizens as immigrants or nonimmigrants2 or 7,b7 impose any restriction on the entry of such noncitizens that the ,president considers appropriate4 7#b7 ,limitations ,in carrying out paragraph 7#a71 the ,president1 the ,secretary of ,state1 and the ,secretary of ,homeland ,security shall-- 7,a7 issue a suspension or restriction only to the extent required to address specific acts implicating a compelling government interest in a factor identified in paragraph 7#a72 7,b7 narrowly tailor the suspension or restriction1 using the least restrictive means1 to achieve such compelling government interest2 7,c7 specify the duration of the suspension or restriction and set forth evidence justifying such duration2 7,d7 consider waivers to any class-based restriction or suspension and apply a rebuttable presumption in favor of granting family-based and humanitarian waivers2 and 7,e7 comply with all provisions of this ,act1 including section #bjb7;a77#a77;,a74 7#c7 ,congressional notification 7,a7 ,in general ,prior to the ,president exercising the authority under paragraph 7#a71 the ,secretary of ,state and the ,secretary of ,homeland ,security shall consult ,congress and provide ,congress with specific evidence supporting the need for the suspension or restriction and its proposed duration4 7,b7 ,briefing and report ,not later than #dh hours after the ,president exercises the authority under paragraph 7#a71 the ,secretary of ,state and the ,secretary of ,homeland ,security shall provide a briefing and submit a written report to the appropriate committees of ,congress that describes-- 7i7 the action taken pursuant to paragraph 7#a7 and the specified objective of such action2 and 7ii7 the estimated number of individuals who will be impacted by such action2 7,i7 the constitutional and legislative authority under which such action took place2 and 7,,ii7 the circumstances necessitating such action1 including how such action complies with paragraph 7#b7 and any intelligence informing such action4 7,c7 ,termination ,if the briefing and report described in subparagraph 7,b7 are not provided to the appropriate committees of ,congress during the #dh-;hour period after the ,president exercises the authority under paragraph 7#a71 the suspension or restriction shall immediately terminate absent intervening congressional action4 7,d7 ,publication ,the ,secretary of ,state and the ,secretary of ,homeland ,security shall publicly announce and publish an unclassified version of the report described in subparagraph 7,b7 in the ,federal ,register4 7#d7 ,judicial review 7,a7 ,in general ,notwithstanding any other provision of law1 an individual or entity who is present in the ,united ,states and has been harmed by a violation of this subsection may file an action in an appropriate district court of the ,united ,states to seek declaratory or injunctive relief4 7,b7 ,class action ,nothing in this ,act may be construed to preclude an action filed pursuant to subparagraph 7,a7 from proceeding as a class action4 7#e7 ,treatment of commercial airlines ,if the ,secretary of ,homeland ,security finds that a commercial airline has failed to comply with regulations of the ,secretary relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the ,united ,states 7including the training of personnel in such detection71 the ,secretary may suspend the entry of some or all noncitizens transported to the ,united ,states by such airline4 7#f7 ,reporting requirements 7,a7 ,in general ,not later than #cj days after the date on which the ,president exercises the authority under this subsection1 and every #cj days thereafter until the conclusion of such an exercise of authority1 the ,secretary of ,state1 in coordination with the ,secretary of ,homeland ,security and the heads of other relevant ,federal agencies1 shall submit to the appropriate committees of ,congress a report that includes the following3 7i7 ,for each country affected by such a suspension or restriction-- 7,i7 the total number of individuals who applied for a visa1 disaggregated by visa category2 7,,ii7 the total number of such visa applicants who were approved1 disaggregated by visa category2 7,,iii7 the total number of such visa applicants who were refused1 disaggregated by visa category1 and the reasons they were refused2 7,,iv7 the total number of such visa applicants whose applications remain pending1 disaggregated by visa category2 7,v7 the total number of such visa applicants who were granted a waiver1 disaggregated by visa category2 7,,vi7 the total number of such visa applicants who were denied a waiver1 disaggregated by visa category1 and the reasons such waiver requests were denied2 and 7,,vii7 the total number of refugees admitted4 7ii7 ,specific evidence supporting the need for the continued exercise of presidential authority under this subsection1 including the information described in paragraph 7#c77;,b74 7,b7 ,effect of noncompliance ,if a report required by subparagraph 7,a7 is not timely submitted1 the suspension or restriction shall immediately terminate absent intervening congressional action4 7,c7 ,final report ,not later than #cj days after the conclusion of a suspension or restriction under this subsection1 the ,secretary of ,state1 in coordination with the ,secretary of ,homeland ,security and the heads of other relevant ,federal agencies1 shall submit to the appropriate committees of ,congress a report that includes1 for the entire period of the suspension or restriction1 the information described clauses 7i7 and 7ii7 of subparagraph 7,a74 7,d7 ,form2 availability ,each report required by this paragraph shall be made publicly available on an internet website in unclassified form4 7#g7 ,rule of construction ,nothing in this subsection may be construed to authorize the ,president1 the ,secretary of ,state1 or the ,secretary of ,homeland ,security to act in a manner inconsistent with the policy decisions expressed in the immigration laws4 7#h7 ,appropriate committees of ,congress defined ,in this subsection1 the term appropriate committees of ,congress means-- 7,a7 the ,select ,committee on ,intelligence1 the ,committee on ,foreign ,relations1 the ,committee on the ,judiciary1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,permanent ,select ,committee on ,intelligence1 the ,committee on ,foreign ,affairs1 the ,committee on the ,judiciary1 and the ,committee on ,homeland ,security of the ,house of ,representatives4 4 ,c ,diversity immigrants #ccja4 ,increasing diversity visas ,section #bja7;e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;e77 is amended by striking #ee1jjj and inserting #hj1jjj4 ,d ,reforming employment-,based immigration #cdja4 ,doctoral ,,stem graduates from accredited ,united ,states universities 7a7 ,in general ,section #bja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;b77#a771 as amended by section #cajf1 is further amended by adding at the end the following3 7,g7 ,noncitizens who have earned a doctoral degree in a field of science1 technology1 engineering1 or mathematics from an accredited ,united ,states institution of higher education4 4 7b7 ,definitions ,section #bjd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7 is amended by adding at the end the following3 7m7 ,doctoral ,,stem graduates from accredited ,united ,states universities ,for purposes of section #bja7;b77#a7-- 7#a7 the term field of science1 technology1 engineering1 or mathematics-- 7,a7 means a field included in the ,department of ,education's ,classification of ,instructional ,programs taxonomy within the summary groups of computer and information sciences and support services1 engineering1 mathematics and statistics1 physical sciences1 and the summary group subsets of accounting and related services and taxation2 and 7,b7 may include1 at the discretion of the ,secretary of ,homeland ,security1 other fields not specifically referred to in subparagraph 7,a7 if the accredited ,united ,states institution of higher education verifies that the core curriculum for the specific field is primarily based in science1 technology1 engineering1 or mathematics2 and 7#b7 the term accredited ,united ,states institution of higher education means an institution that-- 7,a7 7i7 is described in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a772 or 7ii7 is a proprietary institution of higher education 7as defined in section #ajb7;b7 of such ,act 7#bj ,u4,s4,c4 #ajjb7;b7772 and 7,b7 is accredited by an accrediting body that is itself accredited by-- 7i7 the ,department of ,education2 or 7ii7 the ,council for ,higher ,education ,accreditation4 4 #cdjb4 ,addressing visa backlogs 7a7 ,noncitizens not subject to direct numerical limitations ,section #bja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;b771 as amended by section #cajf and #cdja1 is further amended by adding at the end the following3 7,h7 ,noncitizens who are beneficiaries 7including derivative beneficiaries7 of an approved immigrant petition bearing a priority date that is more than #aj years before the noncitizen's application for admission as an immigrant or for adjustment of status4 7,i7 ,noncitizens described in section #bjc7;d74 4 7b7 ,effective date ,the amendments made by this section shall take effect on the date which is #fj days after the date of the enactment of this ,act4 #cdjc4 ,eliminating employment-based per country levels 7a7 ,in general ,section #bjb7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb7;a77#b771 as amended by section #cajc7;a71 is further amended-- 7#a7 in the paragraph heading1 by striking and employment-based2 7#b7 by striking 7#c71 7#d71 and 7#e71 and inserting 7#c7 and 7#d712 7#c7 by striking subsections 7a7 and 7b7 of section #bjc and inserting section #bjc7;a72 and 7#d7 by striking such subsections and inserting such section4 7b7 ,conforming amendments ,section #bjb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb71 as amended by sections #cajc1 #cbja1 and subsection 7a71 is further amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#c71 by striking both subsections 7a7 and 7b7 of section #bjc and inserting section #bjc7;a72 and 7,b7 by striking paragraph 7#e72 and 7#b7 by amending subsection 7e7 to read as follows3 7e7 ,special rules for countries at ceiling ,if the total number of immigrant visas made available under section #bjc7;a7 to natives of any single foreign state or dependent area is expected to exceed the numerical limitation specified in subsection 7a77#b7 in any fiscal year1 immigrant visas to natives of that state or area under section #bjc7;a7 shall be allocated 7to the extent practicable and otherwise consistent with this section and section #bjc7 so that1 except as provided in subsection 7a77#d71 the proportion of the visa numbers made available under each of paragraphs 7#a7 through 7#d7 of section #bjc7;a7 is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section #bjc7;a74 4 7c7 ,country-,specific offset ,section #b of the ,chinese ,student ,protection ,act of #aiib 7#h ,u4,s4,c4 #abee note7 is amended-- 7#a7 in subsection 7a71 by striking subsection 7e7 and inserting subsection 7d72 7#b7 by striking subsection 7d72 and 7#c7 by redesignating subsection 7e7 as subsection 7d74 7d7 ,effective date ,the amendments made by this section shall apply to fiscal year #bjbb and each subsequent fiscal year4 #cdjd4 ,increased immigrant visas for other workers ,section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77 is amended-- 7#a7 in paragraph 7#a7 by striking #bh4f and inserting #bc4ee2 7#b7 in paragraph 7#b77;,a7 by striking #bh4f and inserting #bc4ee2 7#c7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a71 in the matter before clause 7i71 by striking #bh4f and inserting #da4b2 and 7,b7 in subparagraph 7,b71 by striking #aj1jjj and inserting #dj1jjj2 7#d7 in paragraph 7#d71 by striking #g4a and inserting #e4he2 and 7#e7 in paragraph 7#e77;,a71 in the matter before clause 7i71 by striking #g4a and inserting #e4he4 #cdje4 ,flexible adjustments to employment-based immigrant visa program ,section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b771 as amended by section #cdjd1 is further amended by adding at the end the following3 7#g7 ,geographic and labor market adjustments ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,labor1 may establish1 by regulation1 a procedure for temporarily limiting the admission of immigrants described in paragraphs 7#b7 and 7#c7 in geographic areas or labor market sectors that are experiencing high levels of unemployment4 4 #cdjf4 ,regional ,economic ,development ,immigrant ,visa ,pilot ,program 7a7 ,pilot program for regional economic development visas ,notwithstanding the numerical limitations in the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 the ,secretary may establish a pilot program for the annual admission of not more than #aj1jjj admissible immigrants whose employment is essential to the economic development strategies of the cities or counties in which they will live or work4 7b7 ,labor certification ,the requirements of section #bab7;a77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#e77 shall apply to the pilot program authorized under this section4 7c7 ,duration ,the ,secretary shall determine the duration of the pilot program authorized under this section1 which may not exceed #e years4 7d7 ,rulemaking ,the ,secretary1 in consultation with the ,secretary of ,labor1 shall issue regulations to implement the pilot program authorized under this section4 #cdjg4 ,wage-based consideration of temporary workers ,section #bab7p7 is amended by adding at the end the following3 7#e7 ,in determining the order in which visas shall be made available to nonimmigrants described in section #aja7;a77#ae77;,h77i77b71 and to any other category of nonimmigrants deemed appropriate by the ,secretary of ,homeland ,security1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,labor1 may issue regulations to establish procedures for prioritizing such visas based on the wages offered by employers4 4 #cdjh4 ,clarifying dual intent for postsecondary students 7a7 ,in general ,section #aja7;a77#ae77;,f77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,f77i77 is amended by striking an alien having a residence in a foreign country which he has no intention of abandoning1 who is a bona fide student qualified to pursue a full course of study and who and inserting a noncitizen who is a bona fide student qualified to pursue a full course of study1 who 7except for a student qualified to pursue a full course of study at an institution of higher education7 has a residence in a foreign country which the noncitizen has no intention of abandoning1 and who4 7b7 ,conforming amendments ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended-- 7#a7 in subsection 7b71 by striking 7other than a nonimmigrant and inserting 7other than a nonimmigrant described in section #aja7;a77#ae77;,f7 if the noncitizen is qualified to pursue a full course of study at an institution of higher education1 other than a nonimmigrant2 and 7#b7 in subsection 7h71 by inserting 7,f7 7if the noncitizen is qualified to pursue a full course of study at an institution of higher education71 before ,h7i77b74 #cdji4 ,h-#d visa reform 7a7 ,protecting children with ,h-#d visas who age out of status 7#a7 ,in general ,section #bad7;g77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;g77#d77 is amended to read as follows3 7#d7 7,a7 ,except as provided in subparagraphs 7,b7 and 7,c71 the period of authorized admission of a nonimmigrant described in section #aja7;a77#ae77;,h77i77b7 may not exceed #f years4 7,b7 ,the ,secretary of ,homeland ,security may grant an extension of nonimmigrant status under section #aja7;a77#ae77;,h77i77b7 to a nonimmigrant until such nonimmigrant's application for adjustment of status has been processed if such nonimmigrant-- 7i7 is the beneficiary of a petition filed under section #bjd7;a7 for a preference status under paragraph 7#a71 7#b71 or 7#c7 of section #bjc7;b72 and 7ii7 is eligible to be granted such status4 7,c7 ,a child of a nonimmigrant described in subparagraph 7,b7 who accompanied or followed to join such nonimmigrant may apply for and receive an extension of his or her nonimmigrant status regardless of age1 if-- 7i7 the nonimmigrant parent described in subparagraph 7,b7 maintains his or her nonimmigrant status2 and 7ii7 the child was younger than #ah years of age when he or she was first granted nonimmigrant status as a noncitizen accompanying or following to join such nonimmigrant parent4 4 7#b7 ,conforming amendment ,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 ,h-#d visa holders ,notwithstanding paragraph 7#a71 a determination of whether a nonimmigrant described in section #bad7;g77#d77;,c7 satisfies the age requirement for purposes of a derivative visa or adjustment of status application under paragraph 7#a71 7#b71 or 7#c7 of section #bjc7;b7 shall be made using the age of the nonimmigrant on the date on which the petitioner files a petition on behalf of the parent beneficiary with the ,secretary of ,homeland ,security 7or the ,secretary of ,state1 if applicable71 unless the filing of the petition was preceded by the filing of a labor certification with the ,secretary of ,labor1 in which case that date shall be used to identify the age of such nonimmigrant4 4 7b7 ,work authorization for ,h-#d nonimmigrants ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd71 as amended by subsection 7a77#a71 is further amended by adding at the end the following3 7s7 ,work authorization for ,h-#d nonimmigrants ,the ,secretary of ,homeland ,security shall authorize a nonimmigrant spouse or child who is accompanying or following to join a nonimmigrant described in section #aja7;a77#ae77;,h77i77b7 to engage in employment in the ,united ,states and shall provide such nonimmigrant spouse or child with an employment authorized endorsement or other appropriate work permit4 4 #cdaj4 ,extensions related to pending petitions ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd71 as amended by sections #abjd7;b71 #cajg7;b71 #cdjh7;b71 and #cdji1 is further amended by adding at the end the following3 7t7 ,extension of status in cases of lengthy adjudications 7#a7 ,exemption from limitations ,notwithstanding subsections 7c77#b77;,d71 7g77#d71 and 7m77#a77;,b77i71 the authorized stay of a noncitizen who was previously issued a visa or otherwise provided nonimmigrant status under subparagraph 7,f71 7,h77i77,b71 7,l71 or 7,o7 of section #aja7;a77#ae7 may be extended pursuant to paragraph 7#b7 if #cfe days or more have elapsed since the filing of-- 7,a7 an application for labor certification under section #bab7;a77#e77;,a7 if certification is required or used by a noncitizen to obtain status under section #bjc7;b72 or 7,b7 a petition described in section #bjd7;b7 to obtain immigrant status under section #bjc7;b74 7#b7 ,extension of status ,the ,secretary of ,homeland ,security shall extend the stay of a noncitizen who qualifies for an extension under paragraph 7#a7 in #a-year increments until a final decision is made-- 7,a7 to deny the application described in paragraph 7#a77;,a7 or1 in a case in which such application is granted1 to deny a petition described in paragraph 7#a77;,b7 filed on behalf of the noncitizen pursuant to such grant2 7,b7 to deny the petition described in paragraph 7#a77;,b72 or 7,c7 to grant or deny the noncitizen's application for an immigrant visa or adjustment of status to that of a noncitizen lawfully admitted for permanent residence4 7#c7 ,work authorization ,the ,secretary of ,homeland ,security shall authorize any noncitizen whose stay is extended under this subsection to engage in employment in the ,united ,states and provide such noncitizen with an employment authorized endorsement or other appropriate work permit4 4 ,e ,promoting immigrant and refugee integration #ceja4 ,definition of ,foundation ,in this subtitle1 the term ,foundation means the ,united ,states ,citizenship and ,integration ,foundation established under section #cejb4 #cejb4 ,united ,states ,citizenship and ,integration ,foundation 7a7 ,establishment ,the ,secretary1 acting through the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 shall establish a nonprofit corporation or a not-for-profit1 public benefit1 or similar entity1 which shall be known as the ,united ,states ,citizenship and ,integration ,foundation4 7b7 ,gifts to ,foundation ,to carry out the purposes set forth in subsection 7c71 the ,foundation may-- 7#a7 solicit1 accept1 and make gifts of money and other property in accordance with section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf2 7#b7 engage in coordinated work with the ,department of ,homeland ,security1 including ,u4,s4 ,citizenship and ,immigration ,services2 and 7#c7 accept1 hold1 administer1 invest1 and spend any gift1 devise1 or bequest of real or personal property made to the ,foundation4 7c7 ,purposes ,the purposes of the ,foundation are-- 7#a7 to spur innovation in the promotion and expansion of citizenship preparation programs for lawful permanent residents2 7#b7 to evaluate and identify best practices in citizenship promotion and preparation and to make recommendations to the ,secretary about how to bring such best practices to scale2 7#c7 to support direct assistance for noncitizens seeking lawful permanent resident status or naturalization as a ,united ,states citizen2 and 7#d7 to coordinate immigrant integration with ,state and local entities4 7d7 ,activities ,the ,foundation shall carry out the purposes described in subsection 7c7 by-- 7#a7 making ,united ,states citizenship instruction and naturalization application services accessible to low-income and other underserved lawful permanent resident populations2 7#b7 developing1 identifying1 and sharing best practices in ,united ,states citizenship promotion and preparation2 7#c7 supporting innovative and creative solutions to barriers faced by noncitizens seeking naturalization2 7#d7 increasing the use of1 and access to1 technology in ,united ,states citizenship preparation programs2 7#e7 engaging communities receiving immigrants in the ,united ,states citizenship and civic integration process2 7#f7 fostering public education and awareness2 7#g7 coordinating the immigrant integration efforts of the ,foundation with such efforts of ,u4,s4 ,citizenship and ,immigration ,services2 and 7#h7 awarding grants to ,state and local governments under section #cejc4 7e7 ,council of directors 7#a7 ,members ,to the extent consistent with section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf1 the ,foundation shall have a council of directors 7referred to in this section as the ,council71 which shall be comprised of-- 7,a7 the ,director of ,u4,s4 ,citizenship and ,immigration ,services2 and 7,b7 #aj individuals appointed by the ,director of ,u4,s4 ,citizenship and ,immigration ,services4 7#b7 ,qualifications ,in appointing individuals under paragraph 7#a77;,b71 the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall consider individuals with experience in national private and public nonprofit organizations that promote and assist lawful permanent residents with naturalization4 7#c7 ,terms ,a member of the ,council described in paragraph 7#a77;,b7 shall be appointed for a term of #d years1 except that1 of the members first appointed1 #e members shall be appointed for a term of #b years1 which may be followed by renewable #d-year terms4 7f7 ,executive director 7#a7 ,in general ,the ,council shall1 by majority vote1 appoint for #f-year renewable terms an executive director of the ,foundation1 who shall oversee the day-to-day operations of the ,foundation4 7#b7 ,responsibilities ,the executive director shall carry out the purposes described in subsection 7c7 on behalf of the ,foundation by-- 7,a7 accepting1 holding1 administering1 investing1 and spending any gift1 devise1 or bequest of real or personal property made to the ,foundation2 7,b7 entering into contracts and other financial assistance agreements with individuals1 public or private organizations1 professional societies1 and government agencies to carry out the purposes of the ,foundation2 7,c7 entering into such other contracts1 leases1 cooperative agreements1 and other transactions as the executive director considers appropriate to carry out the activities of the ,foundation2 and 7,d7 charging such fees for professional services furnished by the ,foundation as the executive director considers reasonable and appropriate4 7g7 ,timeline ,the ,foundation shall be established and operational not later than #a year after the date of the enactment of this ,act4 #cejc4 ,pilot program to promote immigrant integration at ,state and local levels 7a7 ,grants authorized ,the ,chief of the ,office of ,citizenship of ,u4,s4 ,citizenship and ,immigration ,services 7referred to in this section as the ,chief7 shall establish a pilot program through which the ,chief may award grants1 on a competitive basis1 to ,states and local governments and other qualifying entities in collaboration with ,states and local governments-- 7#a7 to establish new immigrant councils to carry out programs to integrate new immigrants2 and 7#b7 to carry out programs to integrate new immigrants4 7b7 ,qualifying entities ,qualifying entities under this section may include-- 7#a7 an educational institution2 7#b7 a private organization2 7#c7 a community-based organization2 or 7#d7 a nonprofit organization4 7c7 ,application ,a ,state or local government1 or other qualifying entity in collaboration with a ,state or local government1 seeking a grant under this section shall submit an application to the ,chief at such time1 in such manner1 and containing such information as the ,chief may reasonably require1 including-- 7#a7 a proposal to carry out #a or more activities described in subsection 7d77#c72 7#b7 the estimated number of new immigrants residing in the geographic area of the applicant2 and 7#c7 a description of the challenges in introducing and integrating new immigrants into the ,state or local community4 7d7 ,activities ,a grant awarded under this subsection shall be used-- 7#a7 to form a new immigrant council1 which shall-- 7,a7 consist of not fewer than #ae individuals and not more than #ai representatives of the ,state or local government or qualifying organization1 as applicable2 7,b7 include1 to the extent practicable1 representatives from-- 7i7 business2 7ii7 faith-based organizations2 7iii7 civic organizations2 7iv7 philanthropic organizations2 7v7 nonprofit organizations1 including nonprofit organizations with legal and advocacy experience working with immigrant communities2 7vi7 key education stakeholders1 such as ,state educational agencies1 local educational agencies 7as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja771 community colleges1 and teachers2 7vii7 ,state adult education offices2 7viii7 ,state or local public libraries2 and 7ix7 ,state or local governments2 and 7,c7 meet not less frequently than quarterly2 7#b7 to provide subgrants to local communities1 city governments1 municipalities1 nonprofit organizations 7including veterans' and patriotic organizations71 or other qualifying entities2 7#c7 to develop1 implement1 expand1 or enhance a comprehensive plan to introduce and integrate new immigrants into the applicable ,state by-- 7,a7 improving ,english language skills2 7,b7 engaging caretakers with limited ,english proficiency in their child's education through interactive parent and child literacy activities2 7,c7 improving and expanding access to workforce training programs2 7,d7 teaching ,united ,states history1 civics education1 and citizenship rights and responsibilities2 7,e7 promoting an understanding of the form of government and history of the ,united ,states and the principles of the ,constitution of the ,united ,states2 7,f7 improving financial literacy2 and 7,g7 focusing on other key areas of importance to integration in ,united ,states society2 and 7#d7 to engage communities receiving immigrants in the citizenship and civic integration process by-- 7,a7 increasing local service capacity2 7,b7 building meaningful connections between new immigrants and long-time residents2 7,c7 communicating the contributions of communities receiving new immigrants2 and 7,d7 engaging leaders from all sectors of the community4 7e7 ,reporting and evaluation 7#a7 ,annual report ,not less frequently than annually1 each recipient of a grant under this section shall submit to the ,chief a report that describes1 for the preceding calendar year-- 7,a7 the activities undertaken by the grant recipient1 including the manner in which such activities meet the goals of the ,foundation and the comprehensive plan referred to in subsection 7d77#c72 7,b7 the geographic area being served2 7,c7 the estimated number of immigrants in such area2 and 7,d7 the primary languages spoken in such area4 7#b7 ,annual evaluation ,not less frequently than annually1 the ,chief shall conduct an evaluation of the grant program under this section-- 7,a7 to assess and improve the effectiveness of the grant program2 7,b7 to assess the future needs of immigrants and of ,state and local governments with respect to immigrants2 and 7,c7 to ensure that grantees1 recipients1 and subgrantees are acting within the scope and purpose of this section4 #cejd4 ,english as a ,gateway to ,integration grant program 7a7 ,authorization ,the ,assistant ,secretary for ,career1 ,technical1 and ,adult ,education in the ,department of ,education 7referred to in this section as the ,assistant ,secretary7 shall award ,english as a ,gateway to ,integration grants to eligible entities4 7b7 ,eligibility ,an entity eligible to receive a grant under this section is a ,state or unit of local government1 a private organization1 an educational institution1 a community-based organization1 or a nonprofit organization that-- 7#a7 in the case of any applicant that has previously received a grant under this section1 uses matching funds from non-,federal sources1 which may include in-kind contributions1 equal to #be percent of the amount received from the ,english as a ,gateway to ,integration program to carry out such program2 7#b7 submits to the ,assistant ,secretary an application at such time1 in such manner1 and containing such information as the ,assistant ,secretary may reasonably require1 including-- 7,a7 a description of the target population to be served1 including demographics1 literacy levels1 and ,english language levels of the target population2 and 7,b7 the assessment and performance measures that the grant recipient plans to use to evaluate the ,english language learning progress of students and overall success of the instruction and program2 7#c7 demonstrates collaboration with public and private entities to provide the instruction and assistance described in subsection 7c77#a72 7#d7 provides ,english language programs that-- 7,a7 teach ,english language skills to limited ,english proficient 7,,lep7 individuals who-- 7i7 have less than a ,united ,states high school diploma2 or 7ii7 are parents who are caretakers of young children2 7,b7 support and promote the social1 economic1 and civic integration of adult ,english language learners and their families2 7,c7 equip adult ,english language learners for ongoing1 independent study and learning beyond the classroom or formal instruction2 and 7,d7 incorporate the use of technology to help students develop digital literacy skills2 and 7#e7 is located in-- 7,a7 #a of the #aj ,states with the highest rate of foreign-born residents2 or 7,b7 a ,state that has experienced a large increase in the population of immigrants during the most recent #aj-year period1 based on data compiled by the ,office of ,immigration ,statistics or the ,census ,bureau4 7c7 ,use of funds 7#a7 ,in general ,funds awarded under this section shall be used to provide ,english language instruction to adult ,english language learners4 ,such instruction shall advance the integration of students to help them-- 7,a7 build their knowledge of ,united ,states history and civics2 7,b7 prepare for ,united ,states citizenship and the naturalization process2 7,c7 gain digital literacy2 7,d7 understand and navigate the early childhood1 ,k-#ab1 and postsecondary education systems2 7,e7 gain financial literacy2 7,f7 build an understanding of the housing market and systems in the ,united ,states2 7,g7 learn about and access the ,united ,states1 ,state1 and local health care systems2 7,h7 prepare for a high school equivalency diploma or postsecondary training or education2 and 7,i7 prepare for and secure employment4 7#b7 ,design of program ,funds awarded under this section shall be used to support an instructional program that may include the following elements3 7,a7 ,english language instruction in a classroom setting1 provided that such setting is in a geographic location accessible to the population served4 7,b7 ,online ,english language instruction and distance learning platforms4 7,c7 ,educational support and specialized instruction for ,english language learners with low levels of literacy in their first language4 7,d7 ,other online and digital components1 including the use of mobile phones4 7d7 ,certification ,to receive a payment under this section1 a participating entity shall submit to the ,assistant ,secretary a certification that the proposed uses of grant funds by the entity are consistent with this section and meet all necessary criteria determined by the ,assistant ,secretary4 7e7 ,annual report and evaluation ,not later than #ij days after the end of each fiscal year for which an entity receives grant funds under this section1 the entity shall submit to the ,assistant ,secretary the following3 7#a7 ,a report that describes-- 7,a7 the activities undertaken by the entity that were funded entirely or partially by the grant funds2 7,b7 the geographic area served by the grant funds2 7,c7 the number of immigrants in such area2 7,d7 the primary languages spoken in such area2 7,e7 the number of adult ,english language learners receiving assistance that was funded entirely or partially by grant funds received by the entity2 and 7,f7 a breakdown of the costs of the instruction services provided and the average per capita cost of providing such instruction4 7#b7 ,an evaluation of any program of the entity using grant funds under this section1 including-- 7,a7 an assessment of-- 7i7 the effectiveness of such program and recommendations for improving the program2 and 7ii7 whether the ,english language instruction needs of the geographic area served have been met2 and 7,b7 in the case of an assessment under subparagraph 7,a77ii7 that such needs have not been met1 a description of the additional assistance required to meet such needs4 7f7 ,definitions ,in this section3 7#a7 ,adult ,english language learner ,the term adult ,english language learner refers to an individual age #af years and older who is not enrolled in secondary school and who is limited ,english proficient4 7#b7 ,english language learner2 limited ,english proficient ,the terms ,english language learner and limited ,english proficient describe an individual who does not speak ,english as their primary language and who has a limited ability to read1 speak1 write1 or understand ,english4 7#c7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 7g7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ajj1jjj1jjj for fiscal years #bjbb through #bjbc4 #ceje4 ,workforce ,development and ,shared ,prosperity grant program 7a7 ,declaration of policy ,it is the policy of the ,united ,states-- 7#a7 that adults have adequate and equitable access to education and workforce programs that-- 7,a7 help them learn basic skills in reading1 writing1 mathematics1 and the ,english language2 and 7,b7 equip them with occupational skills needed to secure or advance in employment1 fill employer needs1 and support themselves and their families2 7#b7 that helping adults with limited skills to attain industry-recognized postsecondary credentials strengthens the economy2 and 7#c7 that workforce programs for adults with limited skills should incorporate an integrated education and training approach that allows adults to acquire basic skills while pursuing occupational or industry-specific training4 7b7 ,authorization ,the ,assistant ,secretary for ,career1 ,technical1 and ,adult ,education at the ,department of ,education 7referred to in this section as the ,assistant ,secretary7 shall award ,workforce ,development and ,shared ,prosperity grants1 on a competitive basis1 to ,states or local governments1 or other qualifying entities described in subsection 7c7 in collaboration with ,states and local governments4 7c7 ,qualifying entities ,qualifying entities under this section may include-- 7#a7 an educational institution2 7#b7 a private organization2 7#c7 a community-based organization2 or 7#d7 a nonprofit organization4 7d7 ,eligibility ,a ,state or local government1 or a qualifying entity in collaboration with a ,state or local government1 is eligible to receive a grant under this section provided that the ,state or local government or entity-- 7#a7 supports and promotes the economic integration of immigrants and refugees and their families2 7#b7 has expertise in workforce development and adult education for the purpose of developing and implementing ,state or local programs of integrated education and training2 7#c7 in carrying out the grant program1 has1 or collaborates with at least #a entity that has-- 7,a7 expertise in workforce development for immigrants and refugees2 and 7,b7 expertise in adult education of immigrants and refugees2 7#d7 uses matching funds from non-,federal sources1 which may include in-kind contributions1 equal to #be percent of the amount received from the ,workforce ,development and ,shared ,prosperity grant program2 and 7#e7 submits to the ,assistant ,secretary an application at such time1 in such manner1 and containing such information as the ,assistant ,secretary may reasonably require1 including-- 7,a7 a description of the target population to be served1 including demographics1 ,english language levels1 educational levels1 and skill levels2 7,b7 the specific integrated education and training instructional model to be implemented2 7,c7 how the program will be designed and implemented by educators with expertise in adult education1 ,english language instruction1 and occupational skills training2 7,d7 how the program will prepare students to receive a high school equivalency credential2 7,e7 how the program will prepare students to receive a postsecondary credential2 7,f7 the occupations or industries for which the program will prepare students for employment2 7,g7 evidence of employer demand for the skills or occupational training offered by the grant program2 7,h7 the extent to which the program reduces the time required for students to acquire ,english and workforce skills2 7,i7 how the program will increase digital literacy skills2 7,j7 how the program will provide student support services1 including guidance counseling1 so as to promote student success2 and 7,k7 the assessment and performance measures that the grant recipient plans to use to evaluate-- 7i7 the progress of adult learners in acquiring basic skills such as reading1 writing1 mathematics1 and the ,english language2 and 7ii7 the success of the grant program in preparing students for employment and in helping them find employment or advance in employment4 7e7 ,certification ,to receive a payment under this section1 a participating entity shall submit to the ,assistant ,secretary a certification that the proposed uses of grant funds by the entity are consistent with this section and meet all necessary criteria determined by the ,assistant ,secretary4 7f7 ,technical assistance ,the ,assistant ,secretary shall provide technical assistance to adult education providers on how to provide integrated education and training4 7g7 ,annual report and evaluation ,not later than #ij days after the end of each fiscal year for which an entity receives grant funds under this section1 the entity shall submit to the ,assistant ,secretary the following3 7#a7 ,a report that describes-- 7,a7 the activities undertaken by the entity that were funded entirely or partially by the grant funds2 7,b7 the geographic area served by the grant funds2 7,c7 the number of immigrants in such area2 7,d7 the primary languages spoken in such area2 and 7,e7 a breakdown of the costs of each of the services provided and the average per capita cost of providing such services4 7#b7 ,an evaluation of any program of the entity using grant funds under this section1 including-- 7,a7 an assessment of-- 7i7 the effectiveness of such program and recommendations for improving the program2 and 7ii7 whether the adult education and workforce development needs of the geographic area served have been met2 and 7,b7 in the case of an assessment under subparagraph 7,a77ii7 that such needs have not been met1 a description of the additional assistance required to meet such needs4 7h7 ,definitions ,in this section3 7#a7 ,adult education ,the term adult education means academic instruction and education services below the postsecondary level that increase an individual's ability to read1 write1 speak1 and understand ,english and perform mathematical or other activities necessary to attain a secondary school diploma or its recognized equivalent1 to transition to postsecondary education and training1 or to obtain employment4 7#b7 ,integrated education and training ,the term integrated education and training means instruction that provides adult education1 literacy1 and ,english language activities concurrently and contextually with workforce preparation activities and workforce training for a specific occupation or occupational cluster for the purpose of educational and career advancement4 7#c7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 7i7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ajj1jjj1jjj for fiscal years #bjbb through #bjbc4 #cejf4 ,existing citizenship education grants 7a7 ,in general ,there is authorized to be appropriated to the ,secretary not less than #be1jjj1jjj for the purpose of awarding grants to public or private nonprofit entities for citizenship education and training 7as described in number #ig4jaj of the ,catalog of ,federal ,domestic ,assistance71 to remain available until expended4 7b7 ,consideration of grant recipients ,with respect to grants administered and awarded to public or private nonprofit organizations by the ,secretary1 unless otherwise required by law1 in making determinations about such grants1 the ,secretary may not consider an entity's enrollment in or use of the ,e-,verify ,program described in section #djc7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note74 #cejg4 ,grant program to assist eligible applicants 7a7 ,establishment ,the ,secretary shall establish1 within ,u4,s4 ,citizenship and ,immigration ,services1 a program to award grants1 on a competitive basis1 to eligible nonprofit organizations to carry out a program described in subsection 7c7 for the purpose of assisting applicants for status under sections #bde;,b1 #bde;,c1 #bde;,d1 #bde;,e1 and #bde;,f of the ,immigration and ,nationality ,act4 7b7 ,eligible nonprofit organization ,a nonprofit organization eligible to receive a grant under this section is a nonprofit tax-exempt organization1 including a community1 faith-based1 or other immigrant-serving organization1 the staff of which has demonstrated qualifications1 experience1 and expertise in providing quality services to immigrants1 refugees1 noncitizens granted asylum1 or noncitizens applying for such statuses4 7c7 ,use of funds ,grant funds awarded under this section may be used for the design and implementation of programs that provide-- 7#a7 information to the public relating to eligibility for and benefits of lawful prospective immigrant status under section #bde;,b of the ,immigration and ,nationality ,act1 particularly to individuals who may be eligible for such status2 7#b7 assistance1 within the scope of authorized practice of immigration law1 to individuals in submitting applications for lawful prospective immigrant status1 including-- 7,a7 screening prospective applicants to assess eligibility for such status2 7,b7 completing applications and petitions1 including providing assistance in obtaining the requisite documents and supporting evidence2 7,c7 applying for any waivers for which applicants and qualifying family members may be eligible2 and 7,d7 providing any other assistance that the ,secretary or grantees consider useful or necessary in applying for lawful prospective immigrant status2 7#c7 assistance1 within the scope of authorized practice of immigration law1 to individuals seeking to adjust their status to that of a lawful permanent resident under section #bde;,c1 #bde;,d1 #bde;,e1 or #bde;,f of the ,immigration and ,nationality ,act2 7#d7 instruction to individuals with respect to-- 7,a7 the rights and responsibilities of ,united ,states citizenship2 and 7,b7 civics and civics-based ,english as a second language2 and 7#e7 assistance1 within the scope of authorized practice of immigration law1 to individuals seeking to apply for ,united ,states citizenship4 7d7 ,source of grant funds ,to carry out this section1 the ,secretary may use not more than #ej1jjj1jjj from the ,immigration ,examinations ,fee ,account pursuant to section #bhf7m7 of the ,immigration and ,nationality ,act 7,u4,s4,c4 #acef7m774 7e7 ,availability of appropriations ,any amounts appropriated to carry out this section shall remain available until expended4 #cejh4 ,study on factors affecting employment opportunities for immigrants and refugees with professional credentials obtained in foreign countries 7a7 ,in general ,the ,secretary of ,labor1 in coordination with the ,secretary of ,state1 the ,secretary of ,education1 the ,secretary of ,health and ,human ,services1 the ,secretary of ,commerce1 the ,secretary1 the ,administrator of the ,internal ,revenue ,service1 and the ,commissioner of the ,social ,security ,administration1 shall conduct a study on the factors affecting employment opportunities in the ,united ,states for applicable immigrants and refugees with professional credentials obtained in countries other than the ,united ,states4 7b7 ,elements ,the study required by subsection 7a7 shall include the following3 7#a7 ,an analysis of the employment history of applicable immigrants and refugees admitted to the ,united ,states during the most recent #e-year period for which data are available at the time of the study1 including1 to the extent practicable-- 7,a7 an analysis of the employment held by applicable immigrants and refugees before immigrating to the ,united ,states as compared to the employment obtained in the ,united ,states1 if any1 since the arrival of such applicable immigrants and refugees2 and 7,b7 a consideration of the occupational and professional credentials and academic degrees held by applicable immigrants and refugees before immigrating to the ,united ,states4 7#b7 ,an assessment of any barrier that prevents applicable immigrants and refugees from using occupational experience obtained outside the ,united ,states to obtain employment in the ,united ,states4 7#c7 ,an analysis of existing public and private resources available to assist applicable immigrants and refugees who have professional experience and qualifications obtained outside the ,united ,states in using such professional experience and qualifications to obtain skills-appropriate employment opportunities in the ,united ,states4 7#d7 ,policy recommendations for better enabling applicable immigrants and refugees who have professional experience and qualifications obtained outside the ,united ,states to use such professional experience and qualifications to obtain skills-appropriate employment opportunities in the ,united ,states4 7c7 ,collaboration with nonprofit organizations and ,state agencies ,in conducting the study required by subsection 7a71 the ,secretary of ,labor shall seek to collaborate with relevant nonprofit organizations and ,state agencies to use the existing data and resources of such entities4 7d7 ,applicable immigrants and refugees ,in this section1 the term applicable immigrants and refugees means-- 7#a7 noncitizens who are lawfully present and authorized to be employed in the ,united ,states2 and 7#b7 citizens of the ,united ,states born outside the ,united ,states and its outlying possessions4 #ceji4 ,in-,state tuition rates for refugees1 asylees1 and certain special immigrants 7a7 ,in general ,the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq47 is amended by inserting after section #ace the following3 #ace;,a4 ,in-,state tuition rates for refugees1 asylees1 and certain special immigrants 7a7 ,requirement ,in the case of a noncitizen described in subsection 7b7 whose domicile is in a ,state that receives assistance under this ,act1 such ,state shall not charge such noncitizen tuition for attendance at a public institution of higher education in the ,state at a rate that is greater than the rate charged for residents of the ,state4 7b7 ,noncitizen described ,a noncitizen is described in this subsection if the noncitizen was granted-- 7#a7 refugee status and admitted to the ,united ,states under section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg72 7#b7 asylum under section #bjh of such ,act 7#h ,u4,s4,c4 #aaeh72 or 7#c7 special immigrant status under section #aja7;a77#bg7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77 pursuant to-- 7,a7 section #abdd of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjh 7#h ,u4,s4,c4 #aaeg note72 7,b7 section #ajei of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjf 7#h ,u4,s4,c4 #aaja note72 or 7,c7 section #fjb of the ,afghan ,allies ,protection ,act of #bjji 7#h ,u4,s4,c4 #aaja note74 7c7 ,limitations ,the requirement under subsection 7a7 shall apply with respect to a noncitizen only until the noncitizen has established residency in the ,state1 and only with respect to the first ,state in which the noncitizen was first domiciled after being admitted into the ,united ,states as a refugee or special immigrant or being granted asylum4 7d7 ,effective date ,this section shall take effect at each public institution of higher education in a ,state that receives assistance under this ,act for the first period of enrollment at such institution that begins after ,january #a1 #bjba4 4 7b7 ,conforming amendment ,the table of contents for the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq47 is amended by inserting after the item relating to section #ace the following3 ,sec4 #ace;,a4 ,in-,state tuition rates for refugees1 asylees1 and certain special immigrants4 4 #ceaj4 ,waiver of ,english requirement for senior new ,americans ,section #cab 7#h ,u4,s4,c4 #adbc7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,the requirements under subsection 7a7 shall not apply to any person who-- 7#a7 is unable to comply with such requirements because of physical or mental disability1 including developmental or intellectual disability2 or 7#b7 on the date on which the person's application for naturalization is submitted under section #ccd-- 7,a7 is older than #fe years of age2 and 7,b7 has been living in the ,united ,states for #a or more periods totaling not less than #e years after being lawfully admitted for permanent residence4 7c7 ,the requirement under subsection 7a77#a7 shall not apply to any person who1 on the date on which the person's application for naturalization is submitted under section #ccd-- 7#a7 is older than #ej years of age and has been living in the ,united ,states for #a or more periods totaling not less than #bj years after being lawfully admitted for permanent residence2 7#b7 is older than #ee years of age and has been living in the ,united ,states for #a or more periods totaling not less than #ae years after being lawfully admitted for permanent residence2 or 7#c7 is older than #fj years of age and has been living in the ,united ,states for #a or more periods totaling not less than #aj years after being lawfully admitted for permanent residence4 7d7 ,the ,secretary of ,homeland ,security may waive1 on a case-by-case basis1 the requirement under subsection 7a77#b7 for any person who1 on the date on which the person's application for naturalization is submitted under section #ccd-- 7#a7 is older than #fj years of age2 and 7#b7 has been living in the ,united ,states for #a or more periods totaling not less than #aj years after being lawfully admitted for permanent residence4 4 #ceaa4 ,naturalization for certain ,united ,states high school graduates 7a7 ,in general ,title ,,iii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adja et seq47 is amended by inserting after section #cbj the following3 #cba4 ,citizenship for certain ,united ,states high school graduates 7a7 ,requirements considered satisfied ,in the case of a noncitizen described in subsection 7b71 the noncitizen shall be considered to have satisfied the requirements of section #cab7;a74 7b7 ,noncitizen described ,a noncitizen is described in this subsection if the noncitizen submits an application for naturalization under section #ccd that contains the following3 7#a7 ,transcripts from public or private schools in the ,united ,states that demonstrate the following3 7,a7 ,the noncitizen completed grades #i through #ab in the ,united ,states and graduated with a high school diploma4 7,b7 ,the noncitizen completed a curriculum that reflects knowledge of ,united ,states history1 government1 and civics4 7#b7 ,a copy of the noncitizen's high school diploma4 4 7b7 ,clerical amendment ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after the item relating to section #cbj the following3 ,sec4 #cba4 ,citizenship for certain ,united ,states high school graduates4 4 7c7 ,applicability ,the amendments made by this section shall take effect on the date of the enactment of this ,act and shall apply to applicants for naturalization who apply for naturalization on or after such date4 7d7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall promulgate regulations to carry out this section and the amendments made by this section4 #ceab4 ,naturalization ceremonies 7a7 ,in general ,the ,chief of the ,office of ,citizenship of ,u4,s4 ,citizenship and ,immigration ,services1 in consultation with the ,director of the ,national ,park ,service1 the ,archivist of the ,united ,states1 and other appropriate ,federal officials1 shall develop and implement a strategy to enhance public awareness of naturalization ceremonies4 7b7 ,venues ,in developing the strategy under subsection 7a71 the ,chief of the ,office of ,citizenship of ,u4,s4 ,citizenship and ,immigration ,services shall consider the use of outstanding and historic locations as venues for select naturalization ceremonies4 #ceac4 ,national citizenship promotion program 7a7 ,establishment ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall establish a program to promote ,united ,states citizenship4 7b7 ,activities ,as part of the program required by subsection 7a71 the ,secretary shall carry out outreach activities in accordance with subsection 7c74 7c7 ,outreach ,the ,secretary shall-- 7#a7 develop outreach materials targeted to noncitizens who have been lawfully admitted for permanent residence to encourage such noncitizens to apply to become citizens of the ,united ,states2 7#b7 make such outreach materials available through-- 7,a7 public service announcements2 7,b7 advertisements2 and 7,c7 such other media as the ,secretary considers appropriate2 and 7#c7 conduct outreach activities targeted to noncitizens eligible to apply for naturalization1 including communication by text1 email1 and the ,united ,states ,postal ,service1 that provides1 on paper or in electronic form-- 7,a7 notice that the individual is possibly eligible to apply for naturalization2 7,b7 information about the requirements of ,united ,states citizenship2 7,c7 information about the benefits of ,united ,states citizenship2 7,d7 a pre-filled naturalization application containing the data the agency already has about the individual2 7,e7 instructions on how to complete the application2 and 7,f7 resources for free or low-cost assistance with applying for naturalization and preparing for the ,english and civics exams4 #cead4 ,authorization of appropriations for ,foundation and pilot program 7a7 ,in general ,there are authorized to be appropriated for the first #b fiscal years after the date of the enactment of this ,act such sums as may be necessary to establish the ,foundation and carry out the pilot program under section #cejb4 7b7 ,use of funds ,amounts appropriated to establish the ,foundation and carry out the pilot program under section #cejb may be invested1 and any amounts resulting from such investments shall remain available for the operations of the ,foundation and the pilot program without further appropriation4 ,,iv ,immigration courts1 family values1 and vulnerable individuals ,a ,promoting efficient processing of asylum seekers1 addressing immigration court backlogs1 and efficiently repatriating migrants ordered removed #daja4 ,expanding alternatives to detention 7a7 ,family case management program ,the ,secretary shall-- 7#a7 expand the use of the family case management program 7described in section #bah of the ,department of ,homeland ,security ,appropriations ,act1 #bjbj 7#h ,u4,s4,c4 #acgh;a77 for apprehended noncitizens who are members of family units arriving in the ,united ,states2 and 7#b7 develop additional community-based programs to increase the number of enrollees in the alternatives to detention program4 7b7 ,nonprofit entity contracting partner ,the ,secretary shall contract with qualified nonprofit entities for the operation of the alternatives to detention program1 including the family case management program and other community-based programs described in subsection 7a74 7c7 ,legal orientation ,the ,secretary shall ensure that enrollees in the alternatives to detention program1 including the family case management program and other community-based programs described in subsection 7a71 are provided a legal orientation consistent with the program elements described in section #daje7;a77#b74 #dajb4 ,eliminating immigration court backlogs 7a7 ,addressing immigration judge shortages ,the ,attorney ,general shall increase the total number of immigration judges by not fewer than #ee judges during each of fiscal years #bjba1 #bjbb1 #bjbc1 and #bjbd4 7b7 ,qualifications and selection ,the ,attorney ,general shall-- 7#a7 ensure that all newly hired immigration judges and members of the ,board of ,immigration ,appeals are-- 7,a7 highly qualified experts on immigration law2 and 7,b7 trained to conduct fair1 impartial adjudications in accordance with applicable due process requirements2 and 7#b7 with respect to immigration judges and members of the ,board of ,immigration ,appeals1 to the extent practicable1 strive to achieve an equal numerical balance in the hiring of candidates with ,government experience in immigration and candidates with sufficient knowledge or experience in immigration in the private sector1 including nonprofit1 private bar1 or academic experience4 7c7 ,addressing support staff shortages ,subject to the availability of funds made available in advance in appropriations ,acts1 the ,attorney ,general shall ensure that each immigration judge has sufficient support staff1 adequate technological and security resources1 and appropriate courtroom facilities4 7d7 ,additional ,board of ,immigration ,appeals personnel ,the ,attorney ,general shall increase the number of ,board of ,immigration ,appeals staff attorneys 7including necessary additional support staff7 to efficiently process cases by not fewer than #bc attorneys during each of fiscal years #bjba1 #bjbb1 and #bjbc4 7e7 ,,gao report ,the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a study of the impediments to efficient hiring of immigration court judges within the ,department of ,justice2 and 7#b7 propose solutions to ,congress for improving the efficiency of the hiring process4 #dajc4 ,improved training for immigration judges and members of the ,board of ,immigration ,appeals 7a7 ,in general ,to ensure efficient and fair proceedings1 the ,director of the ,executive ,office for ,immigration ,review shall establish or expand1 as applicable1 training programs for immigration judges and members of the ,board of ,immigration ,appeals4 7b7 ,mandatory training ,training referred to under subsection 7a7 shall include the following3 7#a7 ,expansion of the training program for new immigration judges and members of the ,board of ,immigration ,appeals to include age sensitivity1 gender sensitivity1 and trauma sensitivity4 7#b7 ,continuing education regarding current developments in immigration law1 including through regularly available training resources and an annual conference4 7#c7 ,training on properly crafting and dictating decisions and standards of review1 including improved on-bench reference materials and decision templates4 #dajd4 ,new technology to improve court efficiency ,the ,director of the ,executive ,office for ,immigration ,review shall modernize its case management1 video-teleconferencing1 digital audio recording1 and related electronic and computer-based systems1 including by allowing for electronic filing1 to improve efficiency in the processing of immigration proceedings4 #daje4 ,court appearance compliance and legal orientation 7a7 ,access to legal orientation programs ,to ensure court appearance compliance 7#a7 ,in general ,the ,secretary1 in consultation with the ,attorney ,general1 shall establish procedures to ensure that legal orientation programs are available for all noncitizens detained by the ,secretary4 7#b7 ,program elements ,programs under paragraph 7#a7 shall provide information to noncitizens regarding the following3 7,a7 ,the basic procedures of immigration hearings4 7,b7 ,the rights and obligations of noncitizens relating to immigration hearings1 including the consequences of filing frivolous legal claims and of failing to appear for proceedings4 7,c7 ,legal protections available to noncitizens and the procedures for requesting such protections4 7,d7 ,legal resources available to noncitizens and lists of potential legal services providers4 7,e7 ,any other subject the ,attorney ,general considers necessary and appropriate4 7#c7 ,eligibility ,a noncitizen shall be given access to legal orientation programs under this subsection regardless of the noncitizen's current immigration status1 prior immigration history1 or potential for immigration relief4 7b7 ,expansion of the information help desk program for nondetained noncitizens in removal proceedings ,the ,attorney ,general shall expand the information help desk program to all immigration courts so as to provide noncitizens who are not detained and who have pending asylum claims access to information relating to their immigration status4 #dajf4 ,improving court efficiency and reducing costs by increasing access to legal information 7a7 ,appointment of counsel in certain cases2 right ,to review certain documents in removal proceedings ,section #bdj7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7b77 is amended-- 7#a7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking 1 at no expense to the ,government12 and 7ii7 by striking the comma at the end and inserting a semicolon2 7,b7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,d7 and 7,e71 respectively2 7,c7 by inserting after subparagraph 7,a7 the following3 7,b7 the ,attorney ,general may appoint or provide counsel1 at ,government expense1 to noncitizens in immigration proceedings2 7,c7 at the beginning of the proceedings or as expeditiously as possible thereafter1 a noncitizen shall receive a complete copy of all relevant documents in the possession of the ,department of ,homeland ,security1 including all documents 7other than documents protected from disclosure by privilege1 including national security information referred to in subparagraph 7,d71 law enforcement-sensitive information1 and information prohibited from disclosure pursuant to any other provision of law7 contained in the file maintained by the ,government1 including information with respect to all transactions involving the noncitizen during the immigration process 7commonly referred to as an ,a-file7 and all documents pertaining to the noncitizen that the ,department of ,homeland ,security has obtained or received from other government agencies1 unless the noncitizen waives the right to receive such documents by executing a knowing and voluntary written waiver in a language that he or she understands2 2 and 7,d7 in subparagraph 7,d71 as redesignated1 by striking 1 and and inserting 2 and2 and 7#b7 by adding at the end the following3 7#h7 ,failure to provide noncitizen required documents ,in the absence of a written waiver under paragraph 7#d77;,c71 a removal proceeding may not proceed until the noncitizen-- 7,a7 has received the documents as required under such paragraph2 and 7,b7 has been provided meaningful time to review and assess such documents4 4 7b7 ,right to counsel 7#a7 ,in general ,section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb7 is amended to read as follows3 #bib4 ,right to counsel 7a7 ,in general ,in any proceeding conducted under section #bce1 #bcf1 #bch1 #bdj1 #bda1 or any other section of this ,act1 and in any appeal proceedings before the ,attorney ,general from any such proceedings1 the noncitizen concerned shall have the privilege of being represented by such counsel authorized to practice in such proceedings1 as the noncitizen shall choose4 7b7 ,access to counsel 7#a7 ,in general ,the ,attorney ,general may appoint or provide counsel to a noncitizen in any proceeding conducted under section #bce1 #bcf1 #bch1 #bdj1 or #bda or any other section of this ,act4 7#b7 ,detention and border facilities ,the ,secretary of ,homeland ,security shall ensure that noncitizens have access to counsel inside all immigration detention and border facilities4 7c7 ,children and vulnerable individuals ,notwithstanding subsection 7b71 at the beginning of proceedings or as expeditiously as possible1 the ,attorney ,general shall appoint1 at the expense of the ,government1 counsel to represent any noncitizen financially unable to obtain adequate representation in such proceedings1 including any noncitizen who has been determined by the ,secretary of ,homeland ,security or the ,attorney ,general to be-- 7#a7 a child2 7#b7 a particularly vulnerable individual1 including-- 7,a7 a person with a disability2 7,b7 a victim of abuse1 torture1 or violence2 and 7,c7 a pregnant or lactating woman2 or 7#c7 the parent of a ,united ,states citizen minor4 7d7 ,extension to consolidated cases ,if the ,attorney ,general has consolidated the case of any noncitizen for whom counsel was appointed under subsection 7c7 with that of any other noncitizen1 and such other noncitizen does not have counsel1 the counsel appointed under subsection 7c7 shall be appointed to represent such other noncitizen unless there is a demonstrated conflict of interest4 4 7#b7 ,rulemaking ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall promulgate regulations to implement subsection 7c7 of section #bib of the ,immigration and ,nationality ,act1 as added by paragraph 7#a74 7c7 ,immigration ,counsel ,fund 7#a7 ,in general ,chapter #i of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acea et seq47 is amended by adding at the end the following3 #bie4 ,immigration ,counsel ,fund 7a7 ,in general ,there is established in the general fund of the ,treasury a separate account to be known as the ,immigration ,counsel ,fund4 7b7 ,deposits ,notwithstanding any other provision of this ,act1 there shall be deposited as offsetting receipts into the ,immigration ,counsel ,account all surcharges collected under subsection 7c7 for the purpose of providing access to counsel as required or authorized under this ,act1 to remain available until expended4 7c7 ,surcharge ,in any case in which a fee is charged pursuant to the immigration laws1 a surcharge of #be shall be imposed and collected4 7d7 ,report ,not later than #b years after the date of the enactment of this section1 and biennially thereafter1 the ,secretary of ,homeland ,security shall submit to ,congress a report on the status of the ,immigration ,counsel ,account1 including-- 7#a7 the balance in the ,immigration ,counsel ,account2 and 7#b7 any recommendation with respect to modifications to the surcharge under subsection 7c7 necessary to ensure that the receipts collected for the subsequent #b years equal1 as closely as possible1 the cost of providing access to counsel as required or authorized under this ,act4 4 7#b7 ,table of contents ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after the item relating to section #bid the following3 ,sec4 #bie4 ,immigration ,counsel ,account4 4 7d7 ,motions ,to reopen ,section #bdj7;c77#g77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7c77#g77;,c77 is amended by adding at the end the following3 7v7 ,special rule for children and other vulnerable noncitizens ,if the ,attorney ,general fails to appoint counsel for a noncitizen in violation of section #bib7;c7-- 7,i7 no limitation under this paragraph with respect to the filing of any motion to reopen shall apply to the noncitizen2 and 7,,ii7 the filing of a motion to reopen by the noncitizen shall stay the removal of the noncitizen4 4 #dajg4 ,facilitating safe and efficient repatriation 7a7 ,united ,states support for reintegration ,the ,secretary of ,state1 in consultation with the ,secretary and the ,administrator of the ,united ,states ,agency for ,international ,development1 shall coordinate with the governments of ,el ,salvador1 ,guatemala1 ,honduras1 and any other country in ,central ,america the ,secretary of ,state considers appropriate1 to promote the successful reintegration of families1 unaccompanied noncitizen children1 and other noncitizens repatriated to their countries of origin by assisting in the development and funding of programs in such countries that-- 7#a7 provide comprehensive reintegration services at the municipal level for repatriated noncitizens1 including family reunification and access to medical and psychosocial services2 7#b7 support the establishment of educational and vocational centers for repatriated noncitizens that provide skills training relevant to national and local economic needs2 7#c7 promote the hiring of repatriated noncitizens in the private sector1 including through strategic partnerships with specific industries and businesses2 7#d7 support the issuance of appropriate documents to repatriated noncitizens1 including identification documents1 documents relating to educational attainment1 and documents certifying skill attainment2 and 7#e7 monitor repatriated unaccompanied noncitizen children to ensure their adequate screening and processing in the ,united ,states4 7b7 ,eligibility of citizens and nationals of repatriation country ,paragraphs 7#a71 7#b71 and 7#c7 of subsection 7a7 shall not necessarily exclude citizens or nationals of the countries of origin4 7c7 ,consultation with nongovernmental organizations ,in assisting in the development of programs under subsection 7a71 the ,secretary of ,state shall consult with nongovernmental organizations in the countries concerned and in the ,united ,states that have experience in-- 7#a7 integrating repatriated individuals and families2 7#b7 protecting and ensuring the welfare of unaccompanied noncitizen children2 and 7#c7 promoting economic development and skills acquisition4 ,b ,protecting family values and monitoring and caring for unaccompanied noncitizen children after arrival #dbja4 ,definition of local educational agency ,in this subtitle1 the term local educational agency has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 #dbjb4 ,responsibility of sponsor for immigration court compliance and child well-being 7a7 ,in general ,the ,secretary of ,health and ,human ,services1 in consultation with the ,attorney ,general1 shall establish procedures to ensure that a legal orientation program is provided to each sponsor 7including parents1 legal guardians1 and close relatives7 of an unaccompanied noncitizen child before the unaccompanied noncitizen child is placed with the sponsor4 7b7 ,program elements ,a program under subsection 7a7 shall provide information to sponsors regarding each of the following3 7#a7 ,the basic procedures of immigration hearings4 7#b7 ,the rights and obligations of the unaccompanied noncitizen child relating to immigration hearings1 including the consequences of filing frivolous legal claims and of failing to appear for proceedings4 7#c7 ,the obligation of the sponsor-- 7,a7 to ensure that the unaccompanied noncitizen child appears at immigration court proceedings2 7,b7 to notify the court of any change of address of the unaccompanied noncitizen child and other relevant information2 and 7,c7 to address the needs of the unaccompanied noncitizen child1 including providing access to health care and enrolling the child in an educational institution4 7#d7 ,legal protections available to unaccompanied noncitizen children and the procedures for requesting such protections4 7#e7 ,legal resources available to unaccompanied noncitizen children and lists of potential legal services providers4 7#f7 ,the importance of reporting potential child traffickers and other persons seeking to victimize or exploit unaccompanied noncitizen children1 or otherwise engage such unaccompanied noncitizen children in criminal1 harmful1 or dangerous activity4 7#g7 ,any other subject the ,secretary of ,health and ,human ,services or the ,attorney ,general considers necessary and appropriate4 #dbjc4 ,funding to school districts for unaccompanied noncitizen children 7a7 ,grants authorized ,the ,secretary of ,education shall award grants1 on a competitive basis1 to eligible local educational agencies or consortia of neighboring local educational agencies described in subsection 7b71 to enable the local educational agencies or consortia to enhance opportunities for1 and provide services to1 immigrant children1 including unaccompanied noncitizen children1 in the area served by the local educational agencies or consortia4 7b7 ,eligible local educational agencies 7#a7 ,in general ,a local educational agency or a consortium of neighboring local educational agencies is eligible for a grant under subsection 7a7 if1 during the fiscal year for which a grant is awarded under this section1 there are #ej or more unaccompanied noncitizen children enrolled in the public schools served by the local educational agency or the consortium4 7#b7 ,determinations of number of unaccompanied noncitizen children ,the ,secretary of ,education shall determine the number of unaccompanied noncitizen children for purposes of paragraph 7#a7 based on the most accurate data available that is provided to the ,secretary of ,education by the ,director of the ,office of ,refugee ,resettlement or the ,department of ,homeland ,security4 7c7 ,applications ,a local educational agency or a consortia of neighboring local educational agencies desiring a grant under this section shall submit an application to the ,secretary of ,education at such time1 in such manner1 and containing such information as the ,secretary of ,education may require1 including a description of how the grant will be used to enhance opportunities for1 and provide services to1 immigrant children and youth 7including unaccompanied noncitizen children7 and their families4 #dbjd4 ,school enrollment ,to be eligible for funding under the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq471 a local educational agency shall take measures-- 7#a7 to ensure that an unaccompanied noncitizen child in the area served by the local educational agency is enrolled in school not later than #g days after the date on which a request for enrollment is made2 and 7#b7 to remove barriers to enrollment and full participation in educational programs and services offered by the local educational agency for unaccompanied noncitizen children 7including barriers related to documentation1 age1 and language71 which shall include reviewing and revising policies that may have a negative effect on unaccompanied noncitizen children4 ,c ,admission and ,protection of ,refugees1 ,asylum ,seekers1 and ,other ,vulnerable ,individuals #dcja4 ,elimination of time limits on asylum applications ,section #bjh7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;a77#b77 is amended-- 7#a7 in subparagraph 7,a71 by inserting or the ,secretary after ,attorney ,general each place it appears2 7#b7 by striking subparagraphs 7,b7 and 7,d72 7#c7 by redesignating subparagraph 7,c7 as subparagraph 7,b72 7#d7 in subparagraph 7,b71 as redesignated1 by striking subparagraph 7,d7 and inserting subparagraphs 7,c7 and 7,d72 and 7#e7 by inserting after subparagraph 7,b71 as redesignated1 the following3 7,c7 ,changed circumstances ,notwithstanding subparagraph 7,b71 an application for asylum of a noncitizen may be considered if the noncitizen demonstrates1 to the satisfaction of the ,attorney ,general or the ,secretary1 the existence of changed circumstances that materially affect the noncitizen's eligibility for asylum4 7,d7 ,motion to reopen certain meritorious claims ,notwithstanding subparagraph 7,b7 of section #bdj7;c77#g71 during the #b-year period beginning on the date of the enactment of this ,act1 a noncitizen may file a motion to reopen an asylum claim or a motion to reopen removal proceedings to reapply for asylum as relief from removal if the noncitizen-- 7i7 was denied asylum based solely on a failure to meet the #a-year application filing deadline in effect on the date on which the application was filed2 7ii7 was granted withholding of removal to the noncitizen's country of nationality 7or1 in the case of a person having no nationality1 to the country of last habitual residence7 under section #bda7;b77#c72 7iii7 has not obtained lawful permanent residence in the ,united ,states pursuant to any other provision of law2 7iv7 is not subject to the safe third country exception under subparagraph 7,a7 or to a bar to asylum under subsection 7b77#b72 and 7v7 was not denied asylum as a matter of discretion4 4 #dcjb4 ,increasing annual numerical limitation on ,u visas ,section #bad7p7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7p77 is amended in paragraph 7#b77;,a7 by striking #aj1jjj and inserting #cj1jjj4 #dcjc4 ,employment authorization for asylum seekers and other individuals 7a7 ,asylum seekers ,section #bjh7;d77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;d77#b77 is amended to read as follows3 7#b7 ,employment authorization 7,a7 ,eligibility ,the ,secretary of ,homeland ,security shall authorize employment for an applicant for asylum who is not in detention and whose application for asylum has not been determined to be frivolous4 7,b7 ,application 7i7 ,in general ,an applicant for asylum 7unless otherwise eligible for employment authorization7 shall not be granted employment authorization under this paragraph until the end of a period of days determined by the ,secretary of ,homeland ,security by regulation1 but which shall not exceed #ahj days1 after the filing of the application for asylum4 7ii7 ,date of filing ,for purposes of this subparagraph1 an application for asylum shall be considered to be filed on the date on which the applicant submits the application to the ,secretary of ,homeland ,security or the ,attorney ,general1 as applicable4 7,c7 ,term ,employment authorization for an applicant for asylum shall be valid until the date on which there is a final denial of the asylum application1 including any administrative or judicial review4 4 7b7 ,individuals granted withholding of removal or applying for withholding of removal ,section #bda7;b77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;b77#c77 is amended by adding at the end the following3 7,d7 ,employment authorization 7i7 ,in general ,the ,secretary of ,homeland ,security shall authorize employment for a noncitizen who is not in detention and who has been granted-- 7,i7 withholding of removal under this paragraph2 or 7,,ii7 withholding or deferral of removal under the ,convention against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york ,december #aj1 #aihd4 7ii7 ,term ,employment authorization for a noncitizen described in clause 7i7 shall be-- 7,i7 valid for a period of #b years2 and 7,,ii7 renewable for additional #b-year periods for the duration of such withholding or deferral of removal status4 4 7iii7 ,applicant eligibility 7,i7 ,in general ,the ,secretary of ,homeland ,security shall authorize employment for a noncitizen who is not in detention1 and whose application for withholding of removal under this paragraph or withholding or deferral of removal under the ,convention against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york ,december #aj1 #aihd1 has not been determined to be frivolous4 7,,ii7 ,application 7aa7 ,in general ,a noncitizen described in subclause 7,i7 shall not be granted employment authorization under this clause until the end of a period of days determined by the ,secretary of ,homeland ,security by regulation1 but which shall not exceed #ahj days1 after the filing of an application described in such subclause4 7bb7 ,date of filing ,for purposes of this clause1 an application under subclause 7,i7 shall be considered to be filed on the date on which the applicant submits the application to the ,attorney ,general4 7,,iii7 ,term ,employment authorization for a noncitizen described in subclause 7,i7 shall be valid until the date on which there is a final denial of the application under subclause 7,i71 including any administrative or judicial review4 4 #dcjd4 ,enhanced protection for individuals seeking ,t visas1 ,u visas1 and protection under ,,vawa 7a7 ,employment authorization for ,t visa applicants ,section #bad7o7 7#h ,u4,s4,c4 #aahd7o77 is amended by adding at the end the following3 7#h7 ,notwithstanding any provision of this ,act relating to eligibility for employment in the ,united ,states1 the ,secretary of ,homeland ,security shall grant employment authorization to a noncitizen who has filed a nonfrivolous application for nonimmigrant status under section #aja7;a77#ae77,t71 which authorization shall begin on the date that is the earlier of-- 7,a7 the date on which the noncitizen's application for such status is approved2 or 7,b7 a date determined by the ,secretary that is not later than #ahj days after the date on which the noncitizen filed the application4 4 7b7 ,increased accessibility and employment authorization for ,u visa applicants ,section #bad7p7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7p77 is amended-- 7#a7 in paragraph 7#f71 by striking the last sentence2 and 7#b7 by adding at the end the following3 7#h7 ,employment authorization ,notwithstanding any provision of this ,act relating to eligibility for employment in the ,united ,states1 the ,secretary of ,homeland ,security shall grant employment authorization to a noncitizen who has filed an application for nonimmigrant status under section #aja7;a77#ae77,u71 which authorization shall begin on the date that is the earlier of-- 7,a7 the date on which the noncitizen's petition for such status is approved2 or 7,b7 a date determined by the ,secretary that is not later than #ahj days after the date on which the noncitizen filed the petition4 4 7c7 ,prohibition on removal of certain victims with pending petitions and applications 7#a7 ,in general ,section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7 is amended-- 7,a7 by redesignating subsection 7e7 as subsection 7f72 and 7,b7 by inserting after subsection 7d7 the following3 7e7 ,prohibition on removal of certain victims with pending petitions and applications 7#a7 ,in general ,a noncitizen described in paragraph 7#b7 shall not be removed from the ,united ,states under this section or any other provision of law until the date on which there is a final denial of the noncitizen's application for status1 including any administrative or judicial review4 7#b7 ,noncitizens described ,a noncitizen described in this paragraph is a noncitizen who-- 7,a7 has a pending nonfrivolous application or petition under-- 7i7 subparagraph 7,t7 or 7,u7 of section #aja7;a77#ae72 7ii7 section #ajf2 7iii7 section #bdj;,a7b77#b72 or 7iv7 section #bdd7;a77#c7 7as in effect on ,march #ca1 #aiig72 or 7,b7 is a ,,vawa self-petitioner1 as defined in section #aja7;a77#ea71 and has a pending application for relief under a provision referred to in any of subparagraphs 7,a7 through 7,g7 of such section4 4 7#b7 ,conforming amendment ,section #bdj7;b77#g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7b77#g77 is amended by striking subsection 7e77#a7 and inserting subsection 7f77#a74 7d7 ,prohibition on detention of certain victims with pending petitions and applications ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 is amended by adding at the end the following3 7f7 ,detention of certain victims with pending petitions and applications 7#a7 ,presumption of release 7,a7 ,in general ,notwithstanding any other provision of this ,act1 there shall be a presumption that a noncitizen described in paragraph 7#b7 should be released from detention4 7,b7 ,rebuttal ,the ,secretary of ,homeland ,security may rebut the presumption of release based on clear and convincing evidence1 including credible and individualized information1 that-- 7i7 the use of alternatives to detention will not reasonably ensure the appearance of the noncitizen at removal proceedings2 or 7ii7 the noncitizen is a threat to another person or the community4 7,c7 ,pending criminal charge ,a pending criminal charge against a noncitizen may not be the sole factor to justify the continued detention of the noncitizen4 7#b7 ,noncitizen described ,a noncitizen described in this paragraph is a noncitizen who-- 7,a7 has a pending application1 which has not been found to be frivolous1 under-- 7i7 subparagraph 7,t7 or 7,u7 of section #aja7;a77#ae72 7ii7 section #ajf2 7iii7 section #bdj;,a7b77#b72 or 7iv7 section #bdd7;a77#c7 7as in effect on ,march #ca1 #aiig72 or 7,b7 is a ,,vawa self-petitioner1 as defined in section #aja7;a77#ea71 has a pending petition for relief1 and can demonstrate prima facie eligibility under a provision referred to in any of subparagraphs 7,a7 through 7,g7 of such section4 4 #dcje4 ,alternatives to detention ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf71 as amended by section #dcjd1 is further amended by adding at the end the following3 7g7 ,alternatives to detention 7#a7 ,in general ,the ,secretary of ,homeland ,security shall establish programs that provide alternatives to detaining noncitizens1 which shall offer a continuum of supervision mechanisms and options1 including community-based supervision programs and community support4 7#b7 ,contracts with nongovernmental organizations ,the ,secretary of ,homeland ,security may contract with nongovernmental community-based organizations to provide services for programs under paragraph 7#a71 including case management services1 appearance assistance services1 and screening of detained noncitizens4 4 #dcjf4 ,notification of proceedings 7a7 ,written record of address ,section #bci7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi7;a77 is amended-- 7#a7 in paragraph 7#a77;,f71 by inserting the ,secretary of ,homeland ,security or before the ,attorney ,general each place such term appears2 and 7#b7 in paragraph 7#b77;,a7 by striking the noncitizen or to the noncitizen's counsel of record and inserting the noncitizen and to the noncitizen's counsel of record4 #dcjg4 ,conversion of certain petitions ,section #b of ,public ,law #aaj-bdb 7#h ,u4,s4,c4 #aaja note7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,duration ,the authority under subsection 7a7 shall expire on the date on which the numerical limitation specified under section #abdd7;c7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjh 7,public ,law #aaj-aha2 #h ,u4,s4,c4 #aaeg note7 is reached4 4 #dcjh4 ,improvements to application process for ,afghan special immigrant visas ,subsection 7b7 of section #fjb of the ,afghan ,allies ,protection ,act of #bjji 7#h ,u4,s4,c4 #aaja note7 is amended-- 7#a7 in paragraph 7#b77;,a77ii71 by inserting for the first time after ,september #cj1 #bjae2 and 7#b7 in paragraph 7#d77;,a7 by inserting 1 including ,chief of ,mission approval1 after so that all steps4 #dcji4 ,special immigrant status for certain surviving spouses and children 7a7 ,in general ,section #aja7;a77#bg77;,d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,d77 is amended-- 7#a7 by striking an immigrant who is an employee and inserting the following3 8an immigrant who-- 7i7 is an employee 2 and 7#b7 by striking grant such status2 and inserting the following3 8grant such status2 or 7ii7 is the surviving spouse or child of an employee of the ,united ,states ,government abroad3 ,provided1 ,that the employee performed faithful service for a total of not less than #ae years or was killed in the line of duty2 4 7b7 ,special immigrant status for surviving spouses and children 7#a7 ,in general ,section #fjb7;b77#b77;,c7 of the ,afghan ,allies ,protection ,act of #bjji 7#h ,u4,s4,c4 #aaja note7 is amended-- 7,a7 in clause 7ii71 by redesignating subclauses 7,i7 and 7,,ii7 as items 7aa7 and 7bb71 respectively2 7,b7 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively1 and moving such subclauses #b ems to the right2 7,c7 in the matter preceding subclause 7,i71 as redesignated1 by striking ,an alien is described and inserting the following3 7i7 ,in general ,a noncitizen is described 2 7,d7 in clause 7i77,i71 as redesignated1 by striking who had a petition for classification approved and inserting who had submitted an application to the ,chief of ,mission2 and 7,e7 by adding at the end the following3 7ii7 ,employment requirements ,an application by a surviving spouse or child of a principal noncitizen shall be subject to employment requirements set forth in subparagraph 7,a7 as of the date of the principal noncitizen's filing of an application for the first time1 or if no application has been filed1 the employment requirements as of the date of the principal noncitizen's death4 4 7#b7 ,conforming amendments ,section #fjb of the ,afghan ,allies ,protection ,act of #bjji 7#h ,u4,s4,c4 #aaja note7 is amended-- 7,a7 in the paragraph and subparagraph headings1 by striking ,aliens each place it appears and inserting ,noncitizens2 7,b7 by striking an alien each place it appears and inserting a noncitizen2 7,c7 by striking ,an alien each place it appears and inserting ,a noncitizen2 7,d7 by striking alien each place it appears and inserting noncitizen2 7,e7 by striking aliens each place it appears and inserting noncitizens2 and 7,f7 by striking alien's each place it appears and inserting noncitizen's4 7c7 ,special immigrant status for certain iraqis 7#a7 ,in general ,section #abdd7;b77#c7 of the ,refugee ,crisis in ,iraq ,act of #bjjg 7#h ,u4,s4,c4 #aaeg note7 is amended-- 7,a7 by striking described in subsection 7b7 and inserting in this subsection2 7,b7 in subparagraph 7,b71 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively1 and moving such subclauses #b ems to the right2 7,c7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and moving such clauses #b ems to the right2 7,d7 in the matter preceding clause 7i71 as redesignated1 by striking ,an alien is described and inserting the following3 7,a7 ,in general ,a noncitizen is described 2 7,e7 in subparagraph 7,a77i71 as redesignated1 by striking who had a petition for classification approved and inserting who submitted an application to the ,chief of ,mission2 and 7,f7 by adding at the end the following3 7,b7 ,employment requirements ,an application by a surviving spouse or child of a principal noncitizen shall be subject to employment requirements set forth in paragraph 7#a7 as of the date of the principal noncitizen's filing of an application for the first time1 or if the principal noncitizen did not file an application1 the employment requirements as of the date of the principal noncitizen's death4 4 7#b7 ,conforming amendments ,the ,refugee ,crisis in ,iraq ,act of #bjjg 7#h ,u4,s4,c4 #aaeg note7 is amended by-- 7,a7 in the subsection headings1 by striking ,aliens each place it appears and inserting ,noncitizens2 7,b7 in the paragraph headings1 by striking ,aliens each place it appears and inserting ,noncitizens2 7,c7 by striking an alien each place it appears and inserting a noncitizen2 7,d7 by striking ,an alien each place it appears and inserting ,a noncitizen2 7,e7 by striking alien each place it appears and inserting noncitizen2 7,f7 by striking aliens each place it appears and inserting noncitizens2 and 7,g7 by striking alien's each place it appears and inserting noncitizen's4 7d7 ,effective date ,the amendments made by this section shall be effective on the date of the enactment of this ,act and shall have retroactive effect4 #dcaj4 ,special immigrant status for certain ,syrians who worked for the ,united ,states ,government in ,syria 7a7 ,in general ,subject to subsection 7c77#a71 for purposes of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 the ,secretary may provide any noncitizen described in subsection 7b7 with the status of a special immigrant under section #aja7;a77#bg7 of that ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77 if-- 7#a7 the noncitizen1 or an agent acting on behalf of the noncitizen1 submits a petition to the ,secretary under section #bjd of that ,act 7#h ,u4,s4,c4 #aaed7 for classification under section #bjc7;b77#d7 of that ,act 7#h ,u4,s4,c4 #aaec7;b77#d772 7#b7 the noncitizen is otherwise eligible to receive an immigrant visa2 7#c7 the noncitizen is otherwise admissible to the ,united ,states for permanent residence 7excluding the grounds for inadmissibility specified in section #bab7;a77#d7 of that ,act 7#h ,u4,s4,c4 #aahb7;a77#d7771 except that an applicant for admission to the ,united ,states under this section may not be considered inadmissible based solely on membership in1 participation in1 or support provided to1 the ,syrian ,democratic ,forces or other partner organizations1 as determined by the ,secretary of ,defense2 and 7#d7 the noncitizen clears a background check and appropriate screening1 as determined by the ,secretary4 7b7 ,noncitizens described ,a noncitizen described in this subsection is a noncitizen who-- 7#a7 7,a7 is a citizen or national of ,syria or a stateless person who has habitually resided in ,syria2 7,b7 was employed by or on behalf of 7including under a contract1 cooperative agreement or grant with7 the ,united ,states ,government in ,syria1 for a period of not less than #a year beginning on ,january #a1 #bjad2 and 7,c7 obtained a favorable written recommendation from a ,u4,s4 citizen supervisor who was in the chain of command of the ,united ,states ,armed ,forces unit or ,u4,s4 ,government entity that was supported by the noncitizen2 or 7#b7 7,a7 is the spouse or a child of a principal noncitizen described in paragraph 7#a72 and 7,b7 7i7 is following or accompanying to join the principal noncitizen in the ,united ,states2 or 7ii7 due to the death of the principal noncitizen1 a petition to follow or accompany to join the principal noncitizen in the ,united ,states-- 7,i7 was or would be revoked1 terminated1 or otherwise rendered null2 and 7,,ii7 would have been approved if the principal noncitizen had survived4 7c7 ,numerical limitations 7#a7 ,in general ,except as otherwise provided in this subsection1 the total number of principal noncitizens who may be provided special immigrant status under this section may not exceed #e1jjj in any of the first #e fiscal years beginning after the date of the enactment of this ,act4 7#b7 ,exemption from numerical limitations ,noncitizens provided special immigrant status under this section shall not be counted against any numerical limitation under section #bja7;d71 #bjb7;a71 or #bjc7;b77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;d71 #aaeb7;a71 and #aaec7;b77#d774 7#c7 ,carry forward ,if the numerical limitation set forth in paragraph 7#a7 is not reached during a fiscal year1 the numerical limitation under such paragraph for the following fiscal year shall be increased by a number equal to the difference between-- 7,a7 the number of visas authorized under paragraph 7#a7 for such fiscal year2 and 7,b7 the number of principal noncitizens provided special immigrant status under this section during such fiscal year4 7d7 ,visa fees and travel document issuance 7#a7 ,in general ,a noncitizen described in subsection 7b7 may not be charged any fee in connection with an application for1 or the issuance of1 a special immigrant visa under this section4 7#b7 ,the ,secretary of ,state shall ensure that a noncitizen who is issued a special immigrant visa under this section is provided with an appropriate travel document necessary for admission to the ,united ,states4 7e7 ,protection of noncitizens ,the ,secretary of ,state1 in consultation with the head of any other appropriate ,federal agency1 shall make a reasonable effort to provide protection to each noncitizen described in subsection 7b7 who is seeking special immigrant status under this section or to immediately remove such noncitizen from ,syria1 if possible1 if the ,secretary of ,state determines1 after consultation1 that such noncitizen is in imminent danger4 7f7 ,application process 7#a7 ,representation ,a noncitizen applying for admission to the ,united ,states as a special immigrant under this section may be represented during the application process1 including for relevant interviews and examinations1 by an attorney or other accredited representative4 ,such representation shall not be at the expense of the ,united ,states ,government4 7#b7 ,completion 7,a7 ,in general ,the ,secretary of ,state and the ,secretary1 in consultation with the ,secretary of ,defense1 shall ensure that applications for special immigrant visas under this section are processed in such a manner so as to ensure that all steps under the control of the respective departments incidental to the issuance of such visas1 including required screenings and background checks1 are completed not later than #bgj days after the date on which an eligible noncitizen submits all required materials to apply for such visa4 7,b7 ,rule of construction ,notwithstanding subparagraph 7,a71 the ,secretary of ,state1 the ,secretary1 or the ,secretary of ,defense may take longer than #bgj days to complete the steps incidental to issuing a visa under this section if the ,secretary of ,state1 the ,secretary1 or the ,secretary of ,defense1 or a designee-- 7i7 determines that the satisfaction of national security concerns requires additional time2 and 7ii7 notifies the applicant of such determination4 7#c7 ,appeal ,a noncitizen whose petition for status as a special immigrant is rejected or revoked-- 7,a7 shall receive a written decision that provides1 to the maximum extent feasible1 information describing the basis for the denial1 including the facts and inferences underlying the individual determination2 and 7,b7 shall be provided not more than #a written appeal per rejection or denial1 which-- 7i7 shall be submitted to the authority that issued the denial not more than #abj days after the date on which the applicant receives a decision pursuant to subparagraph 7,a72 7ii7 may request the reopening of such decision2 and 7iii7 shall provide additional information1 clarify existing information1 or explain any unfavorable information4 7g7 ,eligibility for other immigrant classification ,a noncitizen may not be denied the opportunity to apply for admission under this section solely because such noncitizen-- 7#a7 qualifies as an immediate relative of a citizen of the ,united ,states2 or 7#b7 is eligible for admission to the ,united ,states under any other immigrant classification4 7h7 ,processing mechanisms ,the ,secretary of ,state shall use existing refugee processing mechanisms in ,iraq and in other countries1 as appropriate1 in the region in which noncitizens described in subsection 7b7 may apply and interview for admission to the ,united ,states as special immigrants4 7i7 ,resettlement support ,a noncitizen who is granted special immigrant status under this section shall be eligible for the same resettlement assistance1 entitlement programs1 and other benefits as are available to refugees admitted under section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg74 7j7 ,authority ,to carry out administrative measures ,the ,secretary1 the ,secretary of ,state1 and the ,secretary of ,defense shall implement any additional administrative measures they consider necessary and appropriate-- 7#a7 to ensure the prompt processing of applications under this section2 7#b7 to preserve the integrity of the program established under this section2 and 7#c7 to protect the national security interests of the ,united ,states related to such program4 7k7 ,report to ,congress 7#a7 ,in general ,not later than ,january #cj each year1 the ,inspector ,general of the ,department of ,state shall submit a report on the implementation of the ,syrian special immigrant status program under this section for the preceding calendar year to-- 7,a7 the ,committee on the ,judiciary1 the ,committee on ,foreign ,relations1 and the ,committee on ,armed ,services of the ,senate2 and 7,b7 the ,committee on the ,judiciary1 the ,committee on ,foreign ,affairs1 and the ,committee on ,armed ,services of the ,house of ,representatives4 7#b7 ,elements ,each report required by paragraph 7#a7 shall include1 for the applicable calendar year1 the following3 7,a7 ,the number of petitions filed under such program4 7,b7 ,the number of such petitions pending adjudication4 7,c7 ,the number of such petitions pending visa interview4 7,d7 ,the number of such petitions pending security checks4 7,e7 ,the number of such petitions that were denied4 7,f7 ,the number of cases under such program that have exceeded the mandated processing time and relevant case numbers4 7,g7 ,a description of any obstacle discovered that would hinder effective implementation of such program4 7#c7 ,consultation ,in preparing a report under subsection 7a71 the ,inspector ,general shall consult with-- 7,a7 the ,department of ,state1 ,bureau of ,consular ,affairs1 ,visa ,office2 7,b7 the ,department of ,state1 ,bureau of ,near ,eastern ,affairs and ,south and ,central ,asian ,affairs1 ,executive ,office2 7,c7 the ,department of ,homeland ,security1 ,u4,s4 ,citizenship and ,immigration ,services2 7,d7 the ,department of ,defense2 and 7,e7 nongovernmental organizations providing legal aid in the special immigrant visa application process4 7#d7 ,form ,each report required by paragraph 7#a7 shall be submitted in unclassified form1 but may include a classified annex4 7#e7 ,publication ,each report submitted under this subsection shall be made available to the public on the internet website of the ,department of ,state4 7l7 ,rulemaking ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,defense and the ,secretary of ,state1 shall promulgate regulations to carry out this section1 including establishing requirements for background checks4 7m7 ,savings provision ,nothing in this section may be construed to affect the authority of the ,secretary under section #ajei of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjf 7,public ,law #aji-afc2 #h ,u4,s4,c4 #aaja note74 #dcaa4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this subtitle and the amendments made by this subtitle1 including1 in addition to annual funds derived from fee accounts of ,u4,s4 ,citizenship and ,immigration ,services1 such sums as may be necessary to reduce the backlog of asylum applications to the ,refugee1 ,asylum and ,international ,operations ,directorate4 ,v ,employment authorization and protecting workers from exploitation #eaja4 ,commission on ,employment ,authorization 7a7 ,establishment ,not later than the date that is #ahj days after the date of the enactment of this ,act1 the ,president1 in conjunction with the ,president pro tempore of the ,senate and the ,speaker of the ,house of ,representatives1 shall establish the ,employment ,authorization ,commission 7referred to in this section as the ,commission74 7b7 ,composition 7#a7 ,in general ,the ,commission shall be composed of #aj members1 of whom-- 7,a7 #f members shall be appointed by the ,president and shall include representatives of the employer1 labor1 and civil rights communities2 7,b7 #b members shall be appointed by the ,president pro tempore of the ,senate1 of whom-- 7i7 #a shall be appointed upon the recommendation of the leader in the ,senate to represent the interests of employees who experience discrimination in the course of their employer or potential employer's verification of their employment authorization2 and 7ii7 #a shall be appointed upon the recommendation of the leader in the ,senate to represent the interests of employers2 and 7,c7 #b members shall be appointed by the ,speaker of the ,house of ,representatives1 of whom-- 7i7 #a shall be appointed upon the recommendation of the leader in the ,house of ,representatives to represent the interests of employees who experience discrimination in the course of their employer or potential employer's verification of their employment authorization2 and 7ii7 #a shall be appointed upon the recommendation of the leader in the ,house of ,representatives to represent the interests of employers4 7#b7 ,qualifications for appointment ,the members of the ,commission shall be distinguished individuals who are noted for their knowledge and experience in the field of employment verification4 7#c7 ,time of appointment ,the appointments required under paragraph 7#a7 shall be made not later than #ahj days after the date of the enactment of this ,act4 7#d7 ,chair ,at the first meeting of the ,commission1 a majority of the members of the ,commission present and voting1 including at least #f members of the ,commission1 shall elect the ,chair of the ,commission4 7#e7 ,vacancies ,any vacancy of the ,commission shall not affect its powers1 but shall be filled in the manner in which the original appointment was made4 7#f7 ,rules and procedures 7,a7 ,establishment ,the ,commission shall establish the rules and procedures of the ,commission1 which shall require the approval of at least #f members of the ,commission4 7,b7 ,recommendations and decisions ,all recommendations and decisions of the ,commission shall require the approval of at least #f members of the ,commission4 ,individual members may provide minority or dissenting opinions4 7c7 ,duties 7#a7 ,in general ,the ,commission shall-- 7,a7 make recommendations to the ,president1 the ,secretary1 and ,congress regarding policies to verify the eligibility of noncitizens for employment in the ,united ,states2 7,b7 evaluate methods for verification of employment eligibility that respect-- 7i7 the rights of employment-authorized individuals to work in the ,united ,states2 and 7ii7 the freedom from discrimination based on race or national origin of all workers2 and 7,c7 review error rates for the ,e-,verify program1 including the impact on various populations by national origin1 race1 gender1 and socioeconomic background4 7#b7 ,public hearings 7,a7 ,in general ,the ,commission shall convene at least #a public hearing on verification for employment of foreign nationals in the ,united ,states4 7,b7 ,report ,the ,commission shall provide a summary of each hearing convened pursuant to subparagraph 7,a7 to the ,president1 the ,secretary1 and ,congress4 7d7 ,access to information ,the ,immigrant and ,employee ,rights ,section of the ,department of ,justice shall furnish information to the ,commission regarding employee complaints1 mediations1 and investigations involving the employment eligibility verification practices of employers4 7e7 ,report ,not later than #ahj days after all members of the ,commission have been appointed pursuant to subsection 7b71 the ,commission shall submit a report to the ,president1 the ,secretary1 and ,congress that includes-- 7#a7 specific policy recommendations for achieving and maintaining the goals specified in subsection 7c72 7#b7 recommendations for improvements to existing employment verification systems1 such as the ,i-#i process and ,e-,verify1 to ensure that workers are not denied employment on the basis of false positives4 7f7 ,travel expenses ,members of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,commission4 7g7 ,administrative support ,the ,secretary shall provide the ,commission such staff and administrative services as may be necessary and appropriate for the ,commission to perform its functions4 ,any employee of the executive branch of ,government may be detailed to the ,commission without reimbursement to the agency of that employee and such detail shall be without interruption or loss of civil service or status or privilege4 7h7 ,comptroller ,general review ,the ,comptroller ,general of the ,united ,states shall review the recommendations in the report submitted pursuant to subsection 7e7 to determine-- 7#a7 which recommendations are most likely to improve existing employment verification systems2 and 7#b7 whether such recommendations are feasible within existing budget constraints4 7i7 ,termination ,the ,commission shall terminate on the date that is #b years after the date of the enactment of this ,act4 #eajb4 ,power ,act 7a7 ,protection for victims of labor and employment violations ,section #aja7;a77#ae77,u7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,u77 is amended-- 7#a7 in clause 7i7-- 7,a7 by amending subclause 7,i7 to read as follows3 7,i7 the noncitizen-- 7aa7 has suffered substantial abuse or harm as a result of having been a victim of criminal activity described in clause 7iii72 7bb7 has suffered substantial abuse or harm related to a violation described in clause 7iv72 7cc7 is a victim of criminal activity described in clause 7iii7 and would suffer extreme hardship upon removal2 or 7dd7 has suffered a violation described in clause 7iv7 and would suffer extreme hardship upon removal2 2 7,b7 in subclause 7,,ii71 by inserting 1 or a labor or employment violation resulting in a workplace claim described in clause 7iv7 before the semicolon at the end2 7,c7 in subclause 7,,iii7-- 7i7 by striking or ,state judge1 to the ,service and inserting 1 ,state1 or local judge1 to the ,department of ,homeland ,security1 to the ,equal ,employment ,opportunity ,commission1 to the ,department of ,labor1 to the ,national ,labor ,relations ,board2 and 7ii7 by inserting 1 or investigating1 prosecuting1 or seeking civil remedies for a labor or employment violation related to a workplace claim described in clause 7iv7 before the semicolon at the end2 and 7,d7 in subclause 7,,iv7-- 7i7 by inserting 7aa7 after 7,,iv72 7ii7 by inserting or after the semicolon at the end2 and 7iii7 by adding at the end the following3 7bb7 a workplace claim described in clause 7iv7 resulted from a labor or employment violation2 2 7#b7 in clause 7ii77,,ii71 by striking and at the end2 7#c7 in clause 7iii71 by striking or at the end and inserting and2 and 7#d7 by adding at the end the following3 7iv7 if the labor or employment violation related to a workplace claim1 the noncitizen-- 7,i7 has filed1 is a material witness in1 or is likely to be helpful in the investigation of1 a bona fide workplace claim 7as defined in section #bgd;,a7e77#aj77;,b77i77,,ii772 and 7,,ii7 reasonably fears1 has been threatened with1 or has been the victim of1 an action involving force1 physical restraint1 retaliation1 or abuse of the immigration or other legal process against the noncitizen or another person by the employer in relation to acts underlying the workplace claim or related to the filing of the workplace claim2 or 4 7b7 ,requirements applicable to ,u nonimmigrant visas ,section #bad7p7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7p771 as amended by section #dcjd1 is further amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,the petition and inserting the following3 7,a7 ,in general ,the petition 2 7,b7 by inserting or investigating1 prosecuting1 or seeking civil remedies for workplace claims described in section #aja7;a77#ae77,u77iv7 after section #aja7;a77#ae77,u77iii7 each place such term appears2 and 7,c7 by adding at the end the following3 7,b7 ,fees ,a noncitizen petitioning for1 or having status under1 section #aja7;a77#ae77,u7 may not be required to submit any fee 7or request any fee waiver7 in connection with such petition or status1 including fees associated with biometric services or an application for advance permission to enter as a nonimmigrant4 7,c7 ,confidentiality of information ,the ,secretary of ,homeland ,security and the ,attorney ,general may not use the information furnished pursuant to a petition for status under section #aja7;a77#ae77,u7 for purposes of initiating or carrying out a removal proceeding4 2 7#b7 in paragraph 7#f7-- 7,a7 by inserting or workplace claims described in section #aja7;a77#ae77,u77iv7 after described in section #aja7;a77#ae77,u77iii72 and 7,b7 by inserting or workplace claim after prosecution of such criminal activity2 and 7#c7 by adding at the end the following3 7#i7 ,temporary protection for victims of crime1 labor1 and employment violations ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security may permit a noncitizen to temporarily remain in the ,united ,states1 and grant such noncitizen employment authorization1 if the ,secretary determines that the noncitizen-- 7,a7 has filed for relief under section #aja7;a77#ae77,u72 or 7,b7 7i7 has filed1 or is a material witness to1 a bona fide workplace claim 7as defined in section #bgd;,a7e77#aj77;,b77i77,,ii772 and 7ii7 has been helpful1 is being helpful1 or is likely to be helpful to-- 7,i7 a ,federal1 ,state1 or local law enforcement official2 7,,ii7 a ,federal1 ,state1 or local prosecutor2 7,,iii7 a ,federal1 ,state1 or local judge2 7,,iv7 the ,department of ,homeland ,security2 7,v7 the ,equal ,employment ,opportunity ,commission2 7,,vi7 the ,department of ,labor1 including the ,occupational ,safety and ,health ,administration2 7,,vii7 the ,national ,labor ,relations ,board2 7,,viii7 the head official of a ,state or local government department of labor1 workforce commission1 or human relations commission or council2 or 7,,ix7 other ,federal1 ,state1 or local authorities investigating1 prosecuting1 or seeking civil remedies related to the workplace claim4 4 7c7 ,removal proceedings ,section #bci7;e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi7;e77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,in cases where and inserting ,if2 and 7,b7 by inserting or as a result of information provided to the ,department of ,homeland ,security in retaliation against individuals for exercising or attempting to exercise their employment rights or other legal rights after paragraph 7#b72 and 7#b7 in paragraph 7#b71 by adding at the end the following3 7,c7 ,at a facility about which a workplace claim has been filed or is contemporaneously filed4 4 7d7 ,adjustment of status for victims of crimes ,section #bde7m77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7m77#a77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by inserting ,the before ,secretary of ,homeland ,security2 and 7#b7 by inserting or an investigation or prosecution regarding a workplace claim after prosecution4 7e7 ,unlawful employment of noncitizens ,section #bgd;,a7e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7e77 is amended by adding at the end the following3 7#aj7 ,conduct in enforcement actions 7,a7 ,definitions ,in this paragraph3 7i7 ,material witness ,the term material witness means an individual who presents a declaration from an attorney investigating1 prosecuting1 or defending the workplace claim or from the presiding officer overseeing the workplace claim attesting that1 to the best of the declarant's knowledge and belief1 reasonable cause exists to believe that the testimony of the individual will be relevant to the outcome of the workplace claim4 7ii7 ,workplace claim ,the term workplace claim means any written or oral claim1 charge1 complaint1 or grievance filed with1 communicated to1 or submitted to the employer1 a ,federal1 ,state1 or local agency or court1 or an employee representative related to the violation of applicable ,federal1 ,state1 and local labor laws1 including laws concerning wages and hours1 labor relations1 family and medical leave1 occupational health and safety1 civil rights1 or nondiscrimination4 7,b7 ,enforcement action ,if the ,secretary of ,homeland ,security conducts an enforcement action at a facility about which a workplace claim has been filed or is contemporaneously filed1 or as a result of information provided to the ,department of ,homeland ,security in retaliation against employees for exercising their rights related to a workplace claim1 the ,secretary shall ensure that-- 7i7 any noncitizens arrested or detained who are necessary for the investigation or prosecution of workplace claim violations or criminal activity 7as described in subparagraph 7,t7 or 7,u7 of section #aja7;a77#ae77 are not removed from the ,united ,states until after the ,secretary-- 7,i7 notifies the appropriate law enforcement agency with jurisdiction over such violations or criminal activity2 and 7,,ii7 provides such agency with the opportunity to interview such noncitizens2 and 7ii7 noncitizens entitled to a stay of removal or abeyance of removal proceedings under this section are not removed4 7,c7 ,protections for victims of crime1 labor1 and employment violations 7i7 ,stay of removal or abeyance of removal proceedings ,any noncitizen against whom removal proceedings have been initiated under chapter #d of title ,,ii1 who has filed a workplace claim1 who is a material witness in any pending or anticipated proceeding involving a bona fide workplace claim1 or who has filed for relief under section #aja7;a77#ae77,u71 shall be entitled to a stay of removal or an abeyance of removal proceedings and to employment authorization until the later of the resolution of the workplace claim or the denial of relief under section #aja7;a77#ae77,u7 after exhaustion of administrative appeals unless the ,secretary establishes1 by a preponderance of the evidence in proceedings before the immigration judge presiding over such noncitizen's removal hearing1 that-- 7,i7 the noncitizen has been convicted of a felony or2 7,,ii7 the workplace claim was filed in bad faith with the intent to delay or avoid the noncitizen's removal4 7ii7 ,duration ,any stay of removal or abeyance of removal proceedings and employment authorization issued pursuant to clause 7i7-- 7,i7 shall remain valid until the resolution of the workplace claim or the denial of relief under section #aja7;a77#ae77,u7 after the exhaustion of administrative appeals2 and 7,,ii7 shall be extended by the ,secretary of ,homeland ,security for a period not to exceed #aj additional years upon determining that-- 7aa7 such relief would enable the noncitizen asserting a workplace claim to pursue the claim to resolution2 7bb7 the deterrent goals of any statute underlying a workplace claim would be served2 or 7cc7 such extension would otherwise further the interests of justice4 4 7f7 ,change of nonimmigrant classification ,section #chd7;a77#a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acfg7;a77#a77 is amended-- 7#a7 in subparagraph 7,e71 by striking physical or mental abuse and the criminal activity1 and inserting abuse and the criminal activity or workplace claim22 7#b7 in subparagraph 7,f71 by striking the comma at the end and inserting 2 or2 and 7#c7 by inserting after subparagraph 7,f7 the following3 7,g7 the noncitizen's employer1 4 #eajc4 ,additional civil penalty ,section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraph 7#g7 as paragraph 7#h72 and 7,b7 by inserting after paragraph 7#f7 the following3 7#g7 ,additional civil penalties ,an employer is subject to an additional civil penalty under subsection 7e77#ab7 if-- 7,a7 the employer engages in a civil violation of ,federal1 ,state1 or local labor laws1 including-- 7i7 laws concerning wages and hours1 labor relations1 family and medical leave1 occupational health and safety1 civil rights1 or nondiscrimination2 and 7ii7 a finding by the agency enforcing such law in the course of a final settlement of such violation2 and 7,b7 such violation takes place with respect to an unauthorized worker4 2 7#b7 in subsection 7e71 as amended by section #eajb7;f71 by adding at the end the following3 7#aa7 ,additional civil penalties ,an order under this subsection for a violation of subsection 7a77#g7 shall require the employer-- 7,a7 to cease and desist from such violation2 and 7,b7 to pay a civil penalty in an amount not to exceed #e1jjj for each unauthorized noncitizen with respect to whom a violation of such subsection occurred4 2 and 7#c7 in subsection 7f77#b71 by striking 7#a77;,a7 or 7#b7 and inserting 7#a77;,a71 7#b71 or 7#g74 #eajd4 ,continued application of workforce and labor protection remedies ,section #bgd;,a7e7 of the ,immigration and ,nationality ,act1 as amended by sections #eajb7;e7 and #eajc7b71 is further amended by adding at the end the following3 7#ab7 ,rights1 remedies1 and relief ,notwithstanding an employee's status as an unauthorized noncitizen during the time of relevant employment or during the back pay period or the failure of the employer or employee to comply with the requirements under this section or with any other provision of ,federal law relating to the unlawful employment of noncitizens-- 7,a7 all rights1 remedies1 and relief provided under any ,federal1 ,state1 or local law relating to workplace rights1 including reinstatement and back pay1 are available to such employee2 and 7,b7 a court may not prohibit such an employee from pursuing other causes of action giving rise to liability in a civil action4 4 #eaje4 ,prohibition on discrimination based on national origin or citizenship status 7a7 ,in general ,section #bgd;,b7a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;b7a77 is amended to read as follows3 7a7 ,prohibition on discrimination based on national origin or citizenship status 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 it is an unfair immigration-related employment practice for a person1 other entity1 or employment agency to discriminate against any individual 7other than an unauthorized noncitizen 7as defined in section #bgd;,a7h77#c777 because of such individual's national origin or citizenship status1 with respect to-- 7,a7 the hiring of the individual for employment2 7,b7 the verification of the individual's eligibility to work in the ,united ,states2 or 7,c7 the discharging of the individual from employment4 7#b7 ,exceptions ,paragraph 7#a7 shall not apply to-- 7,a7 a person1 other entity1 or employer that employs #c or fewer employees 7other than an employment agency72 7,b7 a person's or entity's discrimination based upon an individual's national origin if the discrimination with respect to that employer1 person1 or entity and that individual is covered under section #gjc of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#b71 unless the discrimination is related to an individual's verification of employment authorization2 or 7,c7 discrimination based upon an individual's citizenship status if such discrimination-- 7i7 is required in order to comply with a provision of ,federal1 ,state1 or local law related to law enforcement2 7ii7 is required by a contract with the ,federal ,government2 or 7iii7 is determined by the ,secretary of ,homeland ,security or the ,attorney ,general to be essential for an employer to do business with an agency or department of the ,federal ,government or with a ,state1 ,tribal1 or local government4 7#c7 ,additional exception providing right to prefer equally qualified citizens ,it is not an unfair immigration-related employment practice for an employer to prefer to hire1 recruit1 or refer for a fee an individual who is a citizen or national of the ,united ,states over another individual who is a noncitizen if the #b individuals are equally qualified4 7#d7 ,unfair immigration-related employment practices relating to the system ,it is an unfair immigration-related employment practice for a person1 other entity1 or employment agency-- 7,a7 to use the employment verification system described in section #bgd;,a 7referred to in this title as the ,system7 to deny workers' employment or post-employment benefits2 7,b7 to misuse the ,system to discriminate based on national origin or citizenship status2 7,c7 to require an employee or prospective employee to use any self-verification feature of the ,system or provide1 as a condition of application or employment1 any self-verification results2 7,d7 to use an immigration status verification system1 service1 or method other than those described in section #bgd;,a for purposes of verifying employment eligibility2 7,e7 to grant access to document verification or ,system data1 to any individual or entity not authorized to have such access2 or 7,f7 to fail to take reasonable safeguards to protect against unauthorized loss1 use1 alteration1 or destruction of ,system data4 7#e7 ,prohibition of intimidation or retaliation ,it is an unfair immigration-related employment practice for a person1 other entity1 or employment agency to intimidate1 threaten1 coerce1 or retaliate against any individual-- 7,a7 for the purpose of interfering with any right or privilege secured under this section2 or 7,b7 because the individual intends to file1 or has filed1 a charge or a complaint1 or testified1 assisted1 or participated in any manner in an investigation1 proceeding1 or hearing under this section4 7#f7 ,treatment of certain documentary practices as employment practices ,it is an unfair immigration-related employment practice for a person1 other entity1 or employment agency1 for purposes of verifying employment eligibility-- 7,a7 to request that an individual submit specific documents1 more documents1 or different documents than are required under section #bgd;,a2 or 7,b7 to refuse to honor documents submitted by an individual that reasonably appear on their face to be genuine4 7#g7 ,prohibition of withholding employment records ,it is an unfair immigration-related employment practice for an employer that is required under ,federal1 ,state1 or local law to maintain records documenting employment1 including dates or hours of work and wages received1 to fail to provide such records to any employee to whom the records pertain1 upon request by such employee4 7#h7 ,professional1 commercial1 and business licenses ,an individual who is authorized to be employed in the ,united ,states may not be denied a professional1 commercial1 or business license on the basis of his or her immigration status4 7#i7 ,employment agency defined ,in this section1 the term employment agency means any employer1 person1 entity1 or agent of such employer1 person1 or entity that regularly undertakes1 with or without compensation1 to procure employees for employers or to procure for employees opportunities to work for employers4 4 7b7 ,referral by ,,eeoc ,section #bgd;,b7b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;b7b77 is amended by adding at the end the following3 7#c7 ,referral by eeoc ,the ,equal ,employment ,opportunity ,commission shall refer all matters alleging immigration-related unfair employment practices filed with the ,commission1 including those alleging violations of paragraph 7#a71 7#d71 7#e71 or 7#f7 of subsection 7a71 to the ,immigrant and ,employment ,rights ,section of the ,department of ,justice4 4 7c7 ,fines 7#a7 ,in general ,section #bgd;,b7g77#b77;,b77iv7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;b7g77#b77;,b77iv77 is amended to read as follows3 7iv7 to pay the civil penalties set forth in this clause1 which may be adjusted periodically to account for inflation1 including-- 7,i7 except as provided in subclauses 7,,ii7 through 7,,iv71 a civil penalty of not less than #b1jjj and not more than #e1jjj for each individual subjected to an unfair immigration-related employment practice2 7,,ii7 except as provided in subclauses 7,,iii7 and 7,,iv71 in the case of an employer1 person1 or entity previously subject to #a order under this paragraph1 a civil penalty of not less than #d1jjj and not more than #aj1jjj for each individual subjected to an unfair immigration-related employment practice2 7,,iii7 except as provided in subclause 7,,iv71 in the case of an employer1 person1 or entity previously subject to more than #a order under this paragraph1 a civil penalty of not less than #h1jjj and not more than #be1jjj for each individual subjected to an unfair immigration-related employment practice2 and 7,,iv7 in the case of an unfair immigration-related employment practice described in paragraphs 7#d7 through 7#g7 of subsection 7a71 a civil penalty of not less than #ejj and not more than #b1jjj for each individual subjected to an unfair immigration-related employment practice4 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7-- 7,a7 shall take effect on the date that is #a year after the date of the enactment of this ,act2 and 7,b7 shall apply to violations occurring on or after such date of enactment4 7d7 ,authorization of appropriations ,section #bgd;,b7l77#c7 7#h ,u4,s4,c4 #acbd;b7l77#c77 is amended to read as follows3 7#c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection-- 7,a7 #aj1jjj1jjj for each fiscal year 7beginning with fiscal year #aiia72 and 7,b7 an additional #dj1jjj1jjj for each of fiscal years #bjbb through #bjbd4 4 #eajf4 ,fairness for farmworkers 7a7 ,in general ,section #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjg7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 7#c7 7,a7 ,except as provided in subparagraph 7,c71 beginning on ,january #a1 #bjbb1 no employer shall employ any employee employed in agriculture who in any workweek is engaged in commerce or in the production of goods for commerce1 or is employed in an enterprise engaged in commerce or in the production of goods for commerce for a workweek that is longer than the hours specified under subparagraph 7,b71 unless such employee receives compensation for employment in excess of the hours specified in such subparagraph at a rate not less than #aej percent of the regular rate at which the employee is employed4 7,b7 ,the hours specified in this subparagraph are1 subject to subparagraph 7,c71 as follows3 7i7 ,beginning on ,january #a1 #bjbb1 #ee hours in any workweek4 7ii7 ,beginning on ,january #a1 #bjbc1 #ej hours in any workweek4 7iii7 ,beginning on ,january #a1 #bjbd1 #de hours in any workweek4 7iv7 ,beginning on ,january #a1 #bjbe1 #dj hours in any workweek4 7,c7 ,with respect to any employer that employs #be or fewer employees-- 7i7 the requirement under subparagraph 7,a7 shall begin on ,january #a1 #bjbe2 and 7ii7 the hours specified under subparagraph 7,b7 shall be as follows3 7,i7 ,the number of hours specified under subparagraph 7,b77i7 shall begin on ,january #a1 #bjbe4 7,,ii7 ,the number of hours specified under subparagraph 7,b77ii7 shall begin on ,january #a1 #bjbf4 7,,iii7 ,the number of hours specified under subparagraph 7,b77iii7 shall begin on ,january #a1 #bjbg4 7,,iv7 ,the number of hours specified under subparagraph 7,b77iv7 shall begin on ,january #a1 #bjbh4 2 and 7#b7 by striking subsection 7m74 7b7 ,removing certain exemptions for agricultural work ,section #ac of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7 is amended-- 7#a7 in subsection 7a71 by amending paragraph 7#f7 to read as follows3 7#f7 any employee employed in agriculture who is the parent1 spouse1 child1 or other member of the employer's immediate family2 2 7#b7 in subsection 7b7-- 7,a7 by striking paragraphs 7#ab7 through 7#af72 and 7,b7 by redesignating paragraphs 7#ag71 7#bj71 7#ba71 7#bd71 7#bg71 7#bh71 7#bi71 and 7#cj7 as paragraphs 7#ab71 7#ac71 7#ad71 7#ae71 7#af71 7#ag71 7#ah71 and 7#ai71 respectively2 and 7#c7 by striking subsections 7h7 through 7j74 7c7 ,conforming amendments 7#a7 ,fair ,labor ,standards ,act of #aich ,section #ac7;c77#a77;,a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;c77#a77;,a77 is amended by striking none of the employees and all that follows through and inserting all of the employees of which are employed in agriculture and are employed by an employer who did not1 during any calendar quarter during the preceding calendar year1 use more than #ejj man-days of agricultural labor 7within the meaning of the exemption under subsection 7a77#f77;,a771 as in effect on the day before the date of the enactment of the ,u4,s4 ,citizenship ,act714 7#b7 ,migrant and ,seasonal ,agricultural ,worker ,protection ,act ,the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7,public ,law #ig-dgj7 is amended-- 7,a7 in section #c 7#bi ,u4,s4,c4 #ahjb7-- 7i7 in paragraph 7#h71 by amending subparagraph 7,b7 to read as follows3 7,b7 ,the term migrant agricultural worker does not include any immediate family member of an agricultural employer or a farm labor contractor4 2 and 7ii7 in paragraph 7#aj71 by amending subparagraph 7,b7 to read as follows3 7,b7 ,the term seasonal agricultural worker does not include-- 7i7 any migrant agricultural worker2 or 7ii7 any immediate family member of an agricultural employer or a farm labor contractor4 2 and 7,b7 in section #d7;a7 7#bi ,u4,s4,c4 #ahjc7;a771 by amending paragraph 7#b7 to read as follows3 7#b7 ,small business exemption ,any person1 other than a farm labor contractor1 who did not1 during any calendar quarter during the preceding calendar year1 use more than #ejj man-days of agricultural labor 7within the meaning of the exemption under section #ac7;a77#f77;,a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;a77#f77;,a771 as in effect on the day before the date of the enactment of the ,u4,s4 ,citizenship ,act74 4 7d7 ,effective dates 7#a7 ,in general ,the amendments made by subsections 7a77#b71 7b77#a71 7b77#c71 and 7c7 shall take effect on-- 7,a7 ,january #a1 #bjbe1 with respect to an employer that employs more than #be employees2 and 7,b7 ,january #a1 #bjbh1 with respect to an employer that employs #be or fewer employees4 7#b7 ,other amendments ,the amendments made by subsection 7b77#b7 shall take effect on-- 7,a7 ,january #a1 #bjbb1 with respect to an employer that employs more than #be employees2 and 7,b7 ,january #a1 #bjbe1 with respect to an employer that employs #be or fewer employees4 #eajg4 ,protections for migrant and seasonal laborers ,section #eja of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahea7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,violations of this ,act 7#a7 ,in general ,except as otherwise provided in this section1 any person who willfully and knowingly violates this ,act or any regulation under this ,act-- 7,a7 shall be fined not more than #a1jjj1 sentenced to prison for a term not to exceed #a year1 or both2 and 7,b7 upon conviction for any subsequent violation of this ,act or any regulation under this ,act1 shall be fined not more than #aj1jjj1 sentenced to prison for a term not to exceed #c years1 or both4 7#b7 ,identification document offenses ,any person who knowingly destroys1 conceals1 removes1 confiscates1 or possesses any actual or purported passport or other immigration document1 or any other actual or purported government identification document of another person or threatens to do so in furtherance of a violation of this ,act shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #c years1 or both4 7#c7 ,travel restrictions ,any person who knowingly restricts or attempts to prevent or restrict1 without lawful authority1 a person's liberty to move or travel1 in furtherance of a violation of this ,act1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #e years1 or both4 7#d7 ,bodily injury ,if bodily injury results from any acts committed by any person in violation of this ,act1 or if such acts include sexual abuse or an attempt to commit sexual abuse 7as described in section #bbdb of title #ah1 ,united ,states ,code71 or if such acts include the use1 attempted use1 or threatened use of a dangerous weapon1 explosives1 or fire1 the person shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #aj years1 or both4 7#e7 ,death ,if death results from any acts committed by any person in violation of this ,act1 or if such acts include kidnaping or an attempt to kidnap1 aggravated sexual abuse1 or an attempt to commit aggravated sexual abuse1 or an attempt to kill1 the person shall be fined under title #ah1 ,united ,states ,code1 imprisoned for any term of years or for life1 or both4 7#f7 ,subsequent violations ,except to the extent that a greater maximum penalty is otherwise provided for in this section1 a person who is convicted for any subsequent violation of this ,act or any regulation under this ,act shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #c years1 or both4 2 and 7#b7 by adding at the end the following3 7c7 ,recordkeeping and wage requirements ,any person who knowingly and with intent to defraud violates section #bja7;a71 #bja7;f71 #cja7;a71 or #cja7;f71 or who knowingly and willfully violates section #bjb or #cjb1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #e years1 or both4 7d7 ,obstruction offenses ,any person who obstructs1 attempts to obstruct1 interferes with1 or prevents the enforcement of this section1 shall be subject to the same fines and penalties as those prescribed for the underlying offense involved4 4 #eajh4 ,directive to the ,united ,states ,sentencing ,commission 7a7 ,in general ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 the ,united ,states ,sentencing ,commission1 in accordance with subsection 7b71 shall promulgate sentencing guidelines or amend existing sentencing guidelines to increase the penalties imposed on persons convicted of offenses under-- 7#a7 section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a72 7#b7 section #eja of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahea72 7#c7 section #af of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf72 and 7#d7 any other ,federal law covering conduct similar to the conduct prohibited under the provisions of law referred to in paragraphs 7#a7 through 7#c74 7b7 ,requirements ,in carrying out subsection 7a71 the ,sentencing ,commission shall provide sentencing enhancements for any person convicted of an offense referred to in subsection 7a7 if such offense involves-- 7#a7 the confiscation of identification documents2 7#b7 corruption1 bribery1 extortion1 or robbery2 7#c7 sexual abuse2 7#d7 serious bodily injury2 7#e7 an intent to defraud2 or 7#f7 a pattern of conduct involving multiple violations of law that-- 7,a7 creates a risk to the health or safety of any victim2 or 7,b7 denies payments due to victims for work completed4 #eaji4 ,labor ,law ,enforcement ,fund 7a7 ,in general ,section #bhf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7 is amended by adding at the end the following3 7w7 ,labor ,law ,enforcement ,account 7#a7 ,in general ,there is established in the general fund of the ,treasury a separate account1 which shall be known as the ,labor ,law ,enforcement ,account 7referred to in this subsection as the ,account74 7#b7 ,deposits ,there shall be deposited as offsetting receipts into the ,account penalties imposed under section #bgd;,a7a77#g74 7#c7 ,expenditures ,amounts deposited into the ,account shall be made available to the ,secretary of ,labor to ensure compliance with workplace laws1 including by random audits of such employers1 in industries that have a history of significant employment of unauthorized workers or nonimmigrant workers pursuant to subclause 7a7 or 7b7 of section #aja7;a77#ae77;,h77ii74 4 7b7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated such sums as may be necessary to carry out this title and the amendments made by this title 7other than the amendment made by subsection 7a774 7#b7 ,availability of funds 7,a7 ,in general ,except as provided in subparagraph 7,b71 amounts authorized to carry out the programs1 projects1 and activities recommended by the ,commission may not be expended before-- 7i7 the date that is #fj days after the submission of the report required under section #eaja7;e72 or 7ii7 the date that is #b years and #fj days after the date of the enactment of this ,act4 7,b7 ,administrative expenses ,notwithstanding subparagraph 7,a71 amounts referred to in that subparagraph may be expended for minimal administrative expenses directly associated with-- 7i7 convening the public hearings required under section #eaja7;c77#b77;,a72 and 7ii7 preparing and providing summaries of such hearings in accordance with section #eaja7;c77#b77;,b74